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Home My WebLink About2015_03_24 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 Council Chambers6:00 PMTuesday, March 24, 2015 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2015-0207 Action to approve the February 10, February 17, February 24 and March 3 City Council Minutes. 2/10/2015 Minutes 2/17/2015 Minutes 2/24/2015 Minutes 3/3/2015 Minutes Attachments: 3.C.ID 2015-0152 Action on Abatement for Parcel 40970-11050-361-05; 611 6th Street. Page 1 City of Brookings March 24, 2015City Council Meeting Agenda Letter from Equalization Office Application for Abatement Attachments: 3.D.ID 2015-0185 Action on Abatement for Parcel 40265-03000-031-00, Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition in the City of Brookings, County of Brookings, State of South Dakota. Property Tax AbatementAttachments: 3.E.ID 2015-0202 Action on Abatement of Drainage Fee for Parcel 40970-11050-361-05 in Farmland Addition, Section 36-T110N-R50W, Brookings. Abatement Form Map Attachments: 3.F.RES 15-022 Action on Resolution 15-022, a Resolution designating Election Judges for the April 14, 2015 Combined Municipal/School Board Election. ResolutionAttachments: 3.G.RES 15-020 Action on Resolution 15-020, a Resolution removing Uncollectible Accounts Receivable from Records. ResolutionAttachments: 3.H.RES 15-021 Action on Resolution 15-021, a Resolution declaring Street Department equipment as surplus property. ResolutionAttachments: 3.I.RES 15-032 Action on Resolution 15-032, a Resolution declaring Surplus Property of a 1990 Ford Van, VIN 1FBJS1H3LHA87777. ResolutionAttachments: 3.J.RES 15-033 Action on Resolution 15-033, a Resolution declaring Surplus Property of a 1990 Loftness Snowblower #397. ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2015-0194 Presentation of City of Brookings Annual Financial Report. Page 2 City of Brookings March 24, 2015City Council Meeting Agenda March Council ReportAttachments: 6. Contracts/Change Orders: 6.A.RES 15-029 Action on Resolution 15-029, a Resolution awarding a contract for the purchase of One New 74 HP Stump Cutter for the Parks, Recreation & Forestry Dept. Resolution Contract Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 15-028 Action on Resolution 15-028, a Resolution awarding a contract on 2015-08STI, Street Maintenance and Overlay Project. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 15-030 Action on Resolution 15-030, a Resolution awarding a contract for the purchase of One 4-Wheel Drive Sprayer for Brookings Parks, Recreation and Forestry Dept. (EdgeBrook Golf Course). Resolution Bid Tab Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.D.RES 15-034 Action on Resolution 15-034, a Resolution awarding a contract for the purchase of New Playground Equipment and Purchase and Installation of Poured-in-Place Surfacing for Valley View Park. Resolution Pricing for Playground Equipment Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.E.RES 15-035 Action on Resolution 15-035, a Resolution awarding a contract for the purchase of one new asphalt recycler and hot box spreader for the Street Department. Resolution Contract Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.F.RES 15-036 Action on Resolution 15-036, a Resolution authorizing the purchase of a 2015 Sander/Spreader off another governmental agency bid. Resolution City of Yankton documentation Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.G.RES 15-037 Action on Resolution 15-037, a Resolution authorizing the purchase of a 2015 Truck Chassis off another governmental agency bid. Page 3 City of Brookings March 24, 2015City Council Meeting Agenda Resolution City of Yankton documentation - 1 City of Yankton documentation - 2 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.H.RES 15-039 Action on Resolution 15-039, a Resolution to purchase a new one-ton crew cab pickup off the State of South Dakota vehicle bid. Resolution State Bid documentation Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.I.RES 15-027 Action on Resolution 15-027, a Resolution authorizing the Mayor to sign an Agreement for FAA Flight Inspection Services, Runway 17-35. Resolution Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.J.RES 15-024 Action on Resolution 15-024, a Resolution for the Bridge Reinspection Program for use with SDDOT Retainer Contracts. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 7.A.ORD 15-005 First Reading and Introduction on Ordinance 15-005, an Ordinance amending Article V of Chapter 2 of the Code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Committee of the City of Brookings. Public Hearing: April 28, 2015. HR Ordinance - clean HR Ordinance - marked Attachments: 7.B.ORD 15-002 First Reading and Introduction on Ordinance 15-002, an Ordinance Amending Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Unit Standards. Public Hearing: April 28, 2015. OrdinanceAttachments: 8. Public Hearings and Second Readings: 8.A.ID 2015-0142 Public Hearing and Action on a temporary liquor application for Ray’s Corner for a wedding reception at the National Guard Armory on May 16, 2015. Page 4 City of Brookings March 24, 2015City Council Meeting Agenda Legal NoticeAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.RES 15-023 Public Hearing and Action on Resolution 15-023, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor License for Midwest Fresh Concepts, LLC, DBA “CRAFT”, Jesse Lee, owner, 610 Medary Ave, Brookings, SD, legal description: Lots 3-4-5, Randi Peterson Addition. Resolution Operating Agreement Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.C.RES 15-025 Public Hearing and Action on Resolution 15-025, a Resolution of Intent to lease to Northern Plains Power Technologies the following described property in the R & T Center, 807 32nd Ave., Brookings, SD. Resolution Lease Agreement Notice of Public Hearing Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 2015-0217 Action to approve a revised Preliminary Plat for Christie Springs Addition, NW ¼, Section 2-T109N-R50W. Revised Preliminary Plat Preliminary Plat - 2013 PC Minutes Notice Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 2015-0205 Discussion and Possible Action on Request to Allow Parking on 20th Avenue between 6th Street and 8th Street. MapAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.RES 15-038 Action on Resolution 15-038, a Resolution authorizing an opt-out provision for the financing of the hospital improvement project for Brookings Health System. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.RES 15-031 Action on Resolution 15-031, a Resolution to Name the Nature Center Page 5 City of Brookings March 24, 2015City Council Meeting Agenda at Dakota Nature Park. Resolution Naming Rights Nomination Form Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.E.ID 2015-0209 Action to establish an Ad Hoc Citizens Committee to investigate the feasibility of developing an Indoor Community Center. Purpose, Objectives, and MembershipAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.F.ID 2015-0154 Recommendation from the Transportation Steering Committee for East 20th Street South Improvement Project. February 23, 2015 Minutes Letter of Support - Mayor Tim Reed Letter of Support - Tom Yseth, Co. Commissioner Letter of Support - Jim Morgan, EBBIA Letter of Support - Bowes, Everist, Rohl, Mills Letter of Support - BEDC Letter of Support - David Merhib, Chamber Letter of Support - Al Kurtenbach Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.G.RES 15-026 Action on Resolution 15-026, a Resolution on a Petition to vacate 6th Street South lying between 32nd Avenue South and 34th Avenue South and abutting Block 4, and Lot 1, Block 5, Telkamp Industrial Addition. Resolution Notice to Vacate - PC Notice to Vacate - City Council PC Minutes Plat Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.H.ID 2015-0215 Motion to adopt the Master Drainage Plan Priority List. 2015 Prioritized ListAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Page 6 City of Brookings March 24, 2015City Council Meeting Agenda Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Dan Hansen, Ope Niemeyer Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community decision makers and other residents. Where these ideas overlap is the future of Brookings. www.engagebrookings.org Page 7 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0207,Version:1 Action to approve the February 10, February 17, February 24 and March 3 City Council Minutes. Attachments: 2/10/2015 Minutes 2/17/2015 Minutes 2/24/2015 Minutes 3/3/2015 Minutes City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Brookings City Council February 10, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, February 10, 2015 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, John Kubal, Tom Bezdichek, and Jael Thorpe. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda.A motion was made by Council Member Hansen, seconded by Council Member Kubal, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 – Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. 3.A. Action to approve the agenda. 3.B. Action to approve the January 13, January 20, and January 27 Council Minutes. 3.C. Action on appointment to the Utility Board. Appoint Doug Carruthers (term 2/10/2015-5/1/2017). 3.D. Action on Abatement for Parcel 40057-00000-001-00, 1618 Blairhill Circle, legal description: Lot 1, Blairhill Addition; in the amount of $161.91. 3.E. Action on Abatement for Parcel 40055-00400-005-05, 135 Western Avenue, legal description: located on the South Forty Feet (40’) of the West Seventy-five Feet (W75’) of Lot “A” and Lot “B”, all in Lot Five (5) of Block Four (4) of Bidco Addition; in the amount of $1,208.01. 3.F. Action on Resolution 15-012, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2014-01SWR, 2014 Sidewalk Repair Sites. Resolution No. 15-012 - Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2014-01SWR, 2014 Sidewalk Repair Sites Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Sidewalk Assessment Project No. 2014-01SWR having been filed in the office of the City Clerk on the 3rd day of February, 2015, the City Council shall meet in the Chambers at the City & County Government Center, 520 3rd Street, Brookings, SD on Tuesday, the 24th day of February, 2015, at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Sidewalk Assessment Project No. 2014-01SWR, the date of filing the assessment roll, the time and place of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least one week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization not less than ten nor more than twenty days prior to the hearing. Proclamation for “211 Helpline Center Day.” Mayor Reed proclaimed 2/11 as 211 Helpline Center Day. Annual Report from Brookings County Emergency Management.Bob Hill, Brookings County Planning & Zoning and Emergency Manager, presented the Annual Report to the City Council. FIRST READING – Ordinance 15-004.Introduction and First Reading of Ordinance 15-004, an Ordinance amending Section 14-83 Swine, of the Code of Ordinances of the City of Brookings. Public Hearing: February 24, 2015. Resolution 15-014. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Resolution 15-014, a Resolution accepting a Conveyance of Real Property to the City of Brookings, South Dakota be approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution No. 15-014 - A Resolution Accepting a Conveyance of Real Property to the City of Brookings, South Dakota Whereas, Joshua M. Reisetter desires to convey certain real property to the City of Brookings, South Dakota, consisting of a detention pond, to be used for public purposes and specifically to provide additional detention for drainage purposes in the Camelot Square Addition, said real property being described as follows: Lot Nineteen (19) of Block Thirteen (13) in Camelot Square Addition to the City of Brookings, County of Brookings, State of South Dakota, and Whereas, the City Council recognizes the benefit the community will receive as a result of the conveyance of this real property, Now therefore, it is hereby resolved by the City Council that the real property described above is hereby accepted by the City of Brookings, South Dakota. Storm Drainage Corrections.A motion was made by Council Member Corbett, seconded by Council Member Kubal, that the Engineering Contract for Storm Drainage corrections at EdgeBrook Golf Course be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-001.A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-001, a Resolution Providing for the Establishment of the Downtown Retail Acceleration Grant Program be approved. The motion carried by the following vote: Yes:5 - Reed, Corbett, Hansen, Niemeyer, and Thorpe; No: 2 - Bezdichek, and Kubal Resolution 15-001 - A Resolution Providing for the Establishment of the Downtown Retail Acceleration Grant Program Whereas, the City of Brookings seeks to provide a comprehensive and multi-faceted economic development program that addresses commercial, industrial, service, retail, and visitor commerce; and Whereas, the City Council recognizes that a potential market exists for the expansion of certain, specialized retail products best suited for the downtown central business district; and Whereas, the City Council wishes to provide assistance to encourage, support, and promote this type of commerce and economic development. Now, Therefore, Be It Resolved, by the City Council of the City of Brookings, South Dakota that the Downtown Retail Acceleration Grant program be adopted. Resolution 15-013.A motion was made by Council Member Corbett, seconded by Council Member Niemeyer, that Resolution 15-013, a Resolution encouraging Brookings Municipal Utilities to work cooperatively with Non-Profit Organizations seeking to financially assist customers with Delinquent Accounts be amended. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. A motion was made by Mayor Reed, seconded by Council Member Hansen, that Resolution 15-013, a Resolution encouraging Brookings Municipal Utilities to work cooperatively with Non-Profit Organizations seeking to financially assist customers with Delinquent Accounts be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-013 - Resolution encouraging Brookings Municipal Utilities to continue to work cooperatively with Organizations seeking to financially assist customers with Delinquent Accounts Whereas, Brookings Municipal Utilities (BMU) has duly-adopted policies pertaining to the discontinuation of services for non-payment for the financial protection of the service and all customers; and Whereas, such policies provide for the extension of considerations for customers experiencing financial hardship with keeping their accounts current; and Whereas, the community of Brookings has several organizations interested in providing financial assistance to BMU customers who may be experiencing financial hardship with keeping their accounts current; and Whereas, such organizations are concerned with good stewardship of their resources and are asking BMU to work with them on policy and procedures changes so such organizations can help as many people as possible. Therefore, Be It Resolved that the City Council of the City of Brookings, South Dakota encourages Brookings Municipal Utilities to continue to cooperate with such organizations in working with such customers to help correct delinquent accounts and keep them current. 2015 Strategic Plan.A motion was made by Council Member Corbett, seconded by Council Member Hansen, that the 2015 Strategic Plan be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. 2015 STRATEGIC PLAN -City of Brookings, S.D.- Mission Statement: The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 1)INVESTIGATE AND DEVELOP A PLAN FOR FUTURE INDOOR/OUTDOOR RECREATIONAL FACILITIES 1.1 Description: Project and identify the need for improvements and changes to outdoor youth sports fields as well as indoor recreational amenities compared to current inventory. Develop a needs assessment for new or expanded indoor recreational/leisure amenities in a comprehensive community center including soccer and tennis. Outdoor amenities assessed would include specifically the need for youth baseball/softball fields, their potential location/re-location, and potential development changes to Dwiggins-Medary/Bob Sheldon athletic complex. 1.2 Strategic Objectives: 1.3 Action steps: 1.4 Timeline: 1.5 Assignment: 1.6 Measurements: 2)IDENTIFY/ASSIST PARTNERS WITH DEVELOPING ENTREPRENEURSHIP OPPORTUNITIES 2.1 Description: Support the efforts of BEDC, and augment their efforts where necessary, to develop opportunities for entrepreneurship as it relates to the new economy. This includes programming for building entrepreneurial talent and inventors, the development of creative spaces that foster entrepreneurship, collaborative and creative thinking, the innovative exchange of ideas, skill-building and mentorship, and networking as a wellspring of new markets for goods and services. Such spaces should have shared, secure equipment, be a collaborative effort among area entrepreneurs, and have the ability to conduct programming to address the needs of various entrepreneurial clusters to build a culture and pipeline for new talent. The development of niche retail opportunities should have a special emphasis. 2.2 Strategic Objectives: 2.3 Action Steps: 2.4 Timeline: 2.5 Assignment: 2.6 Measurements: 3)CONTINUE/EXPAND EFFORTS OF THE LEAN TEAM 3.1 Description: Direct the LEAN Team to identify/undertake continuous improvement projects for the year. The projects should include appropriate measurement metrics to be reported by year-end. After Action Review processes should be incorporated as a means of evaluating and promoting continuous improvement of the initiatives. Serving as an “internal consulting team”, the LEAN Team should utilize additional training and professional development opportunities with LEAN programs in the private and public sectors to expand proficiency levels. LEAN efforts should be aligned with other efforts to continue implementation of tools and techniques which support a High-Performing Organization (HPO). 3.2 Strategic Objectives: 3.3 Action Steps: 3.4 Timeline: 3.5 Assignment: 3.6 Measurements: 4)COMPLETE UPDATE OF VISION 2020 COMPREHENSIVE PLAN WITH PROJECTION TO 2035 4.1 Description: Complete the 2014 project of updating the Vision 2020 plan to have a long-range planning window to 2035. The revisions should include a review and due consideration of other public entities with comprehensive plans that may have an impact on the City’s Plan including but not limited to the Brookings School District, Brookings County, South Dakota State University, and other special-purpose districts. The 2035 Plan should anticipate changes and guide such changes in an effective and orderly manner and be a tool for managing and directing growth and development. 4.2 Strategic Objectives: 4.3 Action Steps: 4.4 Timeline: 4.5 Assignment: 4.6 Measurements: 5)DEVELOP IMPLEMENTATION PLAN FOR IMPROVED STEWARDSHIP OF OUR ASSETS 5.1 Description: Using the benchmark analysis and workplan developed by the Sustainability Council, the Council should select specific sustainability project(s) to undertake supported by an implementation plan for each item. Selected items should be among the highest incremental priority and properly aligned with the City’s mission and focus. Selected items should also complement other initiatives of the City. The scope and extent of selected items should be commensurate with budgeted resources to undertake such initiatives. 5.2 Strategic Objectives: 5.3 Action Steps: 5.4 Timeline: 5.5 Assignment: 5.6 Measurements: 6)KEY STRATEGIC INITIATIVES-construction Street Maintenance Facility Airport runway re-alignment completion Division Ave. & Derdall Ave. drainage projects Main Ave. S./26th St. completion Main Ave.; 8th St. S. to 20th St. S. (Urban project) 22nd Ave. railroad crossing improvement (DOT project) Sunrise Ridge Road extension (DOT project) Highway 14 bypass improvement project (DOT project) 34th St. S.; Prince Dr. to 8th St. S. improvement project (County-City project) Annual streets and parks maintenance/improvement projects KEY STRATEGIC INITIATIVES-programming & planning 20th St. S. overpass/interchange 20th St. S.; Main Ave. to Rio Grande Ave. Western Ave.; 20th St. South to 32nd St. S. Gateway entrances ROW upgrades of 6th St.; 20th Av. to 34th Ave. & Main Av. to Medary Av. Workforce development with BEDC Economic development (industrial, retail, visitor, research) with BEDC, CVB, GP City Council member introduction of topics for future discussion.A motion was made by Mayor Reed, seconded by Council Member Hansen, to review the Storm Water Drainage Plan in a future Study Session. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the meeting be adjourned at 7:39 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council February 17, 2015 (unapproved) The Brookings City Council held a study session on Tuesday, February 17, 2015 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John Kubal, Dan Hansen, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve Britzman, City Manager Jeffrey Weldon and Deputy City Clerk Bonnie Foster were also present. Discussion topics included Hospital Project Financing, a draft Policy for Sales Tax Grants as an Economic Development Incentive Tool, and City Council ex-officio reports. A motion was made by Council Member Kubal, seconded by Council Member Hansen, to add the Economic Development Incentive Resolution to the February 24, 2015 City Council Meeting. The motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Thorpe, to have a 5-Year CIP discussion at a future Study Session. The motion carried by a unanimous vote. Adjourn.A motion was made by Council Member Kubal, seconded by Council Member Hansen, that the meeting be adjourned at 6:01 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST:Tim Reed, Mayor Shari Thornes, City Clerk Brookings City Council February 24, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, February 24, 2015 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, John Kubal, Tom Bezdichek, and Jael Thorpe. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda.First Reading of Ordinance 15-005, an ordinance amending Article V of Chapter 2 of the code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Committee of the city of Brookings was removed from the agenda. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to approve the Consent Agenda, as amended. The motion carried by the following vote: Yes: 7 – Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. 3.A. Action to approve the agenda as amended. 3.B. Action on Abatement of a Drainage Fee for Parcel No. 40960-11050-224-30, otherwise known as 410 Honor Drive, Brookings in the amount of $1,064.33. Resolution 15-016. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-016, a Resolution awarding the contract on Project 2015-06STI, Chip Seal Project be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-016 - Resolution Awarding Bids on Project 2015-06STI Chip Seal Project Whereas, the City of Brookings opened bids for Project 2015-06STI Chip Seal Project on Tuesday, February 17, 2015 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2015-06STI Chip Seal Project: Topkote, Inc. - $236,896.00; The Road Guy Construction Co., Inc. - $282,500.00; and Bituminous Paving, Inc. - $284,050.00. Now Therefore, Be It Resolved that the low bid of $236,896.00 for Topkote, Inc. be accepted. Resolution 15-017.A motion was made by Council Member Bezdichek, seconded by Council Member Hansen, that Resolution 15-017, a Resolution awarding the contract on Project 2015-07STI, Asphalt Concrete Freight On Board Project be approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-017 - Resolution Awarding Bids on Project 2015-07STI Asphalt Concrete Freight On Board Project Whereas, the City of Brookings opened bids for Project 2015-07STI Asphalt Concrete Freight On Board Project on Tuesday, February 17, 2015 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for Project 2015-07STI Asphalt Concrete Freight on Board Project: Bowes Construction Co., Inc.: $86,575.00. Now Therefore, Be It Resolved that the total low bid of $86,575.00 for Bowes Construction Co., Inc., Brookings, SD be accepted. Resolution 15-018. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-018, a Resolution to award the contract for the purchase of a Pit Type Truck Scale be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-018 - Resolution Awarding Bids for the purchase of a Pit-Type Truck Scale Whereas, the City of Brookings has received four bids on February 10th, 2015 for one (1) Pit Type Truck Scale for the City of Brookings Landfill: Vande Berg Scales, Sioux Center, IA for a bid of $179,324.77, with trade-in of $3,000.00, for a total cost of $176,324.77; Webster Scale, Webster, SD, for a bid of $152,484.18, with trade in of $3,000.00, for a total cost of $149,484.18; K-Scales, LLC, Sioux Falls, SD for a bid of $126,649.00, with a trade in of $1,500.00, for a total cost of $125,149.00; and Prairie Scales, Horace, ND for a bid of $179,500.00, with a trade in of $3,500.00, for a total cost of $176.000.00. Now Therefore, Be it Resolved that the bid from Vandenberg Scales in the amount of $176,324.77 be accepted. On-Off Sale Malt Beverage License Transfer. A motion was made by Council Member Hansen, seconded by Council Member Kubal, that the transfer of an On-Off Sale Malt Beverage Alcohol License from David Spaulding, EdgeBrook Golf Course Clubhouse Manager, to Gary Moen, EdgeBrook Golf Course Clubhouse Manager, 1415 22nd Ave. So., Brookings, South Dakota, legal description: SW ¼, Section 31-T110N-R49W be approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Ordinance 15-004.A motion was made by Council Member Corbett, seconded by Council Member Kubal, that Ordinance 15-004, an Ordinance amending Section 14-83 Swine, of the code of ordinances of the City of Brookings be approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-015.A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Resolution 15-015, Levying Assessment for Project No. 2014-01SWR, 2014 Sidewalk Repair Sites be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-015 - Levying Assessment for Project No. 2014-01SWR 2014 Sidewalk Repair Sites Whereas, the City Council has provided for sidewalk repair work to be completed under Project No. 2014-01SWR, 2014 Sidewalk Repair Sites. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation and authorized by Resolution 49-14, which deems the work necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project No. 2014- 01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 2014-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9-43, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Hospital Project Financing. Jason Merkley, Brookings Health Systems CEO, and Toby Morris, Financial Representative, were present to answer questions from the City Council. Preliminary Plat. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, approving the Revised Preliminary Plat for a portion of Bluegill Addition and the City Manager was asked to work on access for the recreation trail from the cul-de-sac. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Abatement on Street Assessment. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that the Abatement of Street Assessment for: Lot 9, Block 12, Camelot Square Addition, 40090-01200-009-00 in the amount of $857.81; Lot 10, Block 12, Camelot Square Addition, 40090-01200-010-00, in the amount of $857.81; Lot 11, Block 12, Camelot Square Addition, Parcel #40090- 01200-011-00, in the amount of $857.81; Lot 10, Block 13, Camelot Square Addition, Parcel #40090-01300-010-00, in the amount of $857.81; Lot 11, Block 13, Camelot Square Addition, Parcel #40090-01300-011-00, in the amount of $857.81; Lot 12, Block 13, Camelot Square Addition, Parcel #40090-01300-012-00, in the amount of $857.81; Lot 13, Block 13, Camelot Square Addition, Parcel #40090-01300-013-00, in the amount of $857.81; Lot 16, Block 13, Camelot Square Addition, Parcel #40090-01300- 016-00, in the amount of $857.81; and Lot 17, Block 13, Camelot Square Addition, Parcel #40090-01300-017-00, in the amount of $857.81 be approved . The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-019.A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Action on Resolution 15-019, a Resolution purchasing Property from the State of South Dakota be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution No. 15-019 - Resolution Authorizing the Acquisition of Real Estate Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings has determined the acquisition of the certain property near its street maintenance facility is necessary to provide additional land upon which to construct a street maintenance facility for the City of Brookings; and Whereas, in order to have sufficient land to construct a street maintenance facility, the City of Brookings desires to purchase from the State of South Dakota, the property described as follows: Lots Four (4) and Five (5) of Eberlein’s Addition to the City of Brookings, County of Brookings, State of South Dakota, together with easements of record described as the East Ten Feet (E 10') of Lot Three (3) of said Addition to Brookings, Brookings County, South Dakota, together with all of the grantor’s right, title and interest in and to all vacated streets and alleys adjacent thereto, to the City of Brookings, South Dakota, and Whereas, the above-described real property has been offered for sale to the City of Brookings by the State of South Dakota for the purchase price of $7,650.00 Dollars; Now, Therefore, It is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A.That the City of Brookings acquire title to the above-described real property from the State of South Dakota for the purposes of additional real property for construction of a street maintenance facility in the City of Brookings, South Dakota; and B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute required documents in accordance with this Resolution. Resolution 15-011.A motion was made by Council Member Hansen, seconded by Council Member Kubal, that Resolution 15-011, a Resolution adopting a Policy Governing the Use of Sales Tax Revenue to be Granted as an Economic Development Incentive Program be approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe. Resolution 15-011 - A Resolution Hereby Adopting a Policy Governing the Use of Sales Tax Revenue to be Granted as an Economic Development Incentive Program Whereas, the City of Brookings recognizes that publicly-funded investments by local communities represent an effort to retain current economic activity and attract economic growth are necessary to remain competitive; and Whereas, the City further recognizes that grants to qualifying applicants of sales tax revenue generated from said qualifying applicant is a reasonable and prudent means of accomplishing desired economic growth; and Whereas, the City believes the following policy objectives are necessary to govern the policy process for the use of sales tax grants: (1)To facilitate significant and comprehensive investment in new and/or expanding facilities that will grow the tax base and provide a strong commitment to the community. (2)To increase overall community wealth. (3)To encourage diversification of the area economic base and add value to the area economic clusters and employment base. (4)To generate additional sales tax revenue to support budgetary expenditures of the City. (5)To provide long-term community benefits in return for the City’s investment. (6)To insure the recipient project constitutes responsible development and further complies with all other applicable development principles and regulations. Whereas, the City desires to develop and adopt the means and methods by which sales tax grants shall be utilized. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, the following Policy be adopted to wit: A)The City Council may approve a grant to qualifying applicants in any amount deemed necessary not to exceed two percent of local sales tax generated from construction costs, equipment purchases, or local retail sales. B)Qualifying businesses shall be: (i) New or expanding businesses that are retail in nature and can meet the criteria required under Item (H); or that are otherwise addressed under the City’s Retail Acceleration Program. (ii) New or expanding businesses that are commercial/industrial or technology-based in nature and can meet the criteria required under Item (H). C)Grants shall be reviewed and awarded in a fair, consistent, and responsible manner utilizing the resources and process established by the Brookings Economic Development Corporation (BEDC) and the City Council for an objective evaluation of the application. D)Grant awards shall be provided only to the extent demonstrated necessary for the success of the project, and a completed Return on Investment (ROI) analysis yielding results to the satisfaction of the City Council. E)The City Council shall have final approval on all grant applications recommended for approval after having been through the BEDC evaluation and review process. F)As a means of protection and accountability of the public investment, (i) Grant awards shall be reimbursed to the applicant following payment of said sales tax to the State of South Dakota and remitted to the City. (ii) Claims against the grant award must be accompanied by appropriate documentation prescribed by the City as verification of the grant payment. (iii) Grant awards must have suitable financial guarantees as a means of security (‘claw-backs’) and any other such terms deemed essential by the City Council. (iv) The recipient shall be entitled only to grant amounts that it generates and documented by the Department of Revenue as being paid in Brookings. (v) Grant awards shall be limited to either an aggregate amount, a specified time period, or both. G)Applications for sales tax grant assistance shall be made to BEDC on application forms prepared by BEDC. Applicants may be required to cover direct costs of professional services deemed necessary by BEDC and/or the City associated with the review of the application. H)The following criteria shall be used by the BEDC and City Council to consider awards for qualifying applicants: (i)Retail businesses that mitigate sales ‘leakage’ to other markets and retain significant sales in Brookings. (ii)Retail businesses that provide niche product markets not otherwise available and represent significant sales in Brookings. (iii)Commercial, industrial, and technology-related businesses that meet a minimum of one of the following in significant amounts as determined by the City Council: diversify the economic base and occupational mix; provide full-time, upper-income level jobs with employee benefits; have high probability of recruiting employees from other markets; are a necessity for significant and substantial job retention; meet qualifying industry targets; have high probability of complementing existing or recruiting other businesses or entities; represent significant capital investment; retain SDSU graduates; facilitates emerging markets; and does not place an undue burden or hardship on natural resources or services necessary to serve the business. I)Applications shall be deemed approved following adoption of a development agreement between the City and the applicant prescribing all applicable terms and conditions of the grant award. The development agreement shall be prepared by staff of the BEDC, City, and legal counsel. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the meeting be adjourned at 6:55 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council March 3, 2015 (unapproved) The Brookings City Council held a special meeting on Tuesday, March 3, 2015 at 4:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, John Kubal, Tom Bezdichek, and Jael Thorpe. City Attorney Steve Britzman, and City Clerk Shari Thornes were also present; City Manager Jeff Weldon was absent. Executive Session.A motion was made by Council Member Kubal, seconded by Council Member Hansen, to enter into executive session at 4:00 p.m. for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with the City Council, City Attorney and City Clerk present. A motion was made by Council Member Corbett, seconded by Council Member Thorpe, to exit executive session at 5:03 p.m. The motion carried by a unanimous vote. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the meeting be adjourned at 5:05 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0152,Version:1 Action on Abatement for Parcel 40970-11050-361-05; 611 6th Street. Summary: This will authorize Brookings County to clear up delinquent tax notices or taxes purchased by outside parties. Vicki Buseth, Brookings County Finance Officer, asked the parcel #40970-11050-361-05 be reviewed by the Equalization Office. Background: The Equalization Office has studied the entire process and there is an office error on parcel #40970- 11050-05; it should have been deleted for 2012 and 2103. Fiscal Impact: Amount to abate for 2012 /pay 2013 is $1,959.16. Amount to abate for 2013 /pay 2014 is $2,040.46. Recommendation: Staff recommends approval. Attachments: Abatement Application Memo from Equalization Office City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ TO: FROM: DATE: RE: Director of Equalization Brookings County 52() 3rd St Ste #11 0 Brookings, SD 57006 (605) 696-8220 Brookings City Council Joyce Dragseth Brookings County Director of Equalization February 23, 2015 Abatement I Refund Applications # 15-003 Brookings County Finance Office 'Taxes have been paid by an outside interest and would need to be refunded as the legal description did not exist at the time of taxation. Abatement Application: Parcell/: 40970-11050-361-05 Assessed twice for tax year 2012 I payable in 2013 and 20131 payable in 2014. The parcel was deleted in 2014 when the error was established. PROPERTY: See attached paperwork further explaining the office error and also including SDCL Statutes. RELATED FACTS: Refund application has been submitted for abatement # 15-003 and the entire issue is explained further in the attachments. The amounts to be refunded are $1,959.16 for 20121 payable in 2013 and $2,040.46 for 2013/ payable in 2014. The above amounts have already been paid to the Brookings County Finance Officer by an outside interest party and the amounts would need to be refunded back to them. Should the Council wish to visit with me more about this issue-I could certainly be present at the appointed time to act on this matter. ASSESSORS RECOMMENDATION: APPROVAL February 23, 2015 Dear City Council Members: Director of Equalization 520 3'd St Suite 110 Brookings, SO 57006 Tel.: {605} 696-8220 Fax: {605}696-8224 Email: JDragseth@brookingscountysd.gov In order to clear up delinquent tax notices or taxes purchased by outside parties, Vicki Buseth, Brookings County Finance Officer asked that I review parcel # 40970-11050-05. This parcel was deleted by the Brookings County Equalization Board in April of 2014 as it had been all platted earlier. It had been legally described as the W 150' of S 862. 7' Exc all platted areas in the SW ~ NE ~- The above legal description was included in the plat for Block 12 Moriarty 4th Add. When it was platted for 2012 and the acres and parcel should have been deleted at that time. The entire project on that corner and the platting and processing was not a smooth transition. But at this time, our office has studied the entire process and we do have an office error on parcel #40970-11050-05-and it should have been deleted for 2012 and 2103. We are therefore filing this abatement request from the Finance Office to remove the indicated delinquent tax dollars for the 2012/pay 2103 and the 2103/pay 2014. Amount to abate for 2012 /pay2013 is $1,959.16. Amount to abate for 2013 /pay 2014 is $2,040.46. The property was assessed for both oftlwse years on card #40381-01200-000-00. A parcel of land cannot by law be assessed twice for taxing purposes. Brookings County, SO 6 5 403810050000000 12 TH ST S 12 0 0 <') 0 0 0 0 C\l 403810120000100 1804 12TH ST S 7 I ·f 2 !226 tt I I I ..- 0 r- eo <') 0 "<t Parcel ID 200001115034100 Sec/Twp/Rng 34-111-50 Property Address 20717 470TH AVE BROOKINGS District 2001 8 9 Alternate ID n/a Class AGA Acreage 80.000 Brief Tax Description N 1/2 NE 1/4 SEC 34-111-50 80.0 AC (N ote : No t to be us ed on lega l do cuments) 10 403 810050000100 11 a: 0 __J <{ a: 0 0 be .ac .onT ... i 7 0 0 0 0 0 0 6g 0 0 N <D N 0 "<t A Da te Created: 2/24 /2015 Overv iew Leg end o· Brookings City Limits 0 City Limits 0 Township Boundary Sections 0 Brookings City Blocks Roads Owner Address WENDT, TERRY L ET UX 20717 470TH AVE BROOKINGS SO 57006 Last Data Upl oa d: 2/24/2 015 3 :06:17 AM ,"j .y .. '{:h:!ptjd by Thi.!-Schu ~_ ... dL!,· Cc~tp c .. :a!l::rt v~"UW .. !i~h:1 i~dr:r r.r:tt·p r:r:•n ! 2123/2015 Untitled Page 10-18-1. Invalid or erroneous assessment or tax --Claims for abatement or refund--Certificate outstanding on real property sold for taxes. Unless otherwise expressly provided, if a person, against whom an assessment has been made or a tax levied, claims that the assessment or tax or any part of the assessment or tax is invalid for any reason provided in subdivisions ( 1) to ( 6), inclusive, the assessment or tax may be abated, or the tax refunded if paid. The board of county commissioners may abate or refund, in whole or in part, the invalid assessment or tax in the following cases only: (1) If an en·or has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant; (2) If improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real prope1iy at the time fixed by law for making the assessment; (3) If the complainant or the property is exempt from the tax; ( 4) If the complainant had no taxable interest in the prope11y assessed against the complainant at the time fixed by law for making the assessments; (5) If taxes have been erroneously paid or error made in noting payment or issuing receipt for the taxes paid; (6 lfth -same property has been assessed against the complainant more than once in the same year, and the complainant produces satisfactory evidence that t 1e tax for the year has been paid. However, no tax may be abated on any real property which 11as been sold for taxes, while a tax certificate is outstanding. I I Source: SL 1917, ch 130, § 1; RC 1919, § 6813; SDC 1939, § 57.0801; SL 2005, ch 63, § 1. http:l/legis .sd .gov/Statutes/PrinterStatute.aspx?Type= Statute&Statute= 1 0-18-1 1/1 BROOKINGS COUNTY PAID TAX RECEIPT Vicki Busetl1, Finance Officer 520 3rd St Suite #100 Brookings, SD 57006 Phone : (605) 696-8250 Email: vbusetl1@ brookingscountysd.gov DAKO TA HOM ES LLC 611 6TH ST BROOK I NGS SO 57 0 06 2 .0 12 REAL ES TATE DUPLICATE PA I D RECEIPT Tax Receipt Parcel No . 215179.0 -03., PROPERTY DESCRIPTION ITEMIZATION OFTAX Legal Description: FARMLAND ADD ITI ON , w 1 50 ' OF s 862.7 ' OF sw 1 /4 NE 1 /4 EXC ALL PLATTED AREAS OF SEC 36 -110 -50 , 8 9 , 7 34 SF (2 .06 AC) Acres: 0 .00 Other Tota l As s essed Value 86 ,065 86 ,065 Brookings Brookings School Co u nty Water District Drfee Sa TOTA L TAX It i> th e o bli gati o n of th e tax p ay er to sec th at th e ir prop e rty i> p ro p e rl y <.kscr ibcu an d :L<Scsse d o n th e t:L'< b ouh. Fai lure to n :ccive a ta.'\ statl:l11 Ctlt does n ot rdi c \'c th L: ta.'\p ay cr of th eir o bli gatio n to pay th e ir taxes w hen Ju e. DATE PAID -BY WHOM 12/17/2013 -Midwest ~Bnagement/8 12/17/2013 -Midwest M3rn.g:rrent/B 'IOIALPAID BATCI-I -CL R E CEIPT# 8766 -226206 8766 -226206 *** THIS IS NJT A PAR 'ID THE ffiLI..EJ::TIQ\1 OF JlNY FRIOR lNPAID 'IAXES *** T AX PAID 48.46 1,959 .1 6 2,007 .62 INTEREST FEE S & P E NALT Y 2.02 91.09 93.11 228 .11-:, 1 ,.)2~.37 4()6 .34 2 . ~0 4 8. 4 6 2 ,007 .62 TOTAL PAID 50 .48 2,050 .25 2,100 .73 Vicki llusctl1, Brookings County Finance Officer NON-CLEARANCE OF CHECKS VOIDS THIS RECEIPT --------------------------------------------------------------------------------------· ............ -.................. --.. • • -------------------------------------------------------... -.--------------------------................................... . B~OOKINGS COUNTY PAID TAX RECEIPT Vicki Buseth, Finance Officer 520 3rd St Suite #100 Brookings, SD 57006 Phone: (605) 696-8250 Email: vbuseth@brookingscountysd.gov DAKOTA HOMES LLC 611 6TH ST BROOKINGS SD 57006 PROPERTY DESCRIPTION Legal Description: FARMLAND ADDITION, w 150' OF s 862.7 ' OF sw 114 NE 114 EXC ALL PLATTED AREAS OF SEC 36-110-50, 89 ,734 SF (2.06 AC) Acres: 0 .00 Other Total Assessed Value 2 0 13 EAL ESTATE DUPLICATE PAID RECEIPT Tax Receipt Parcel No. 25304.0 """'-,. ITEMIZATION OFTAX 86,540 86 ,540 Brookings Brookings School County Water Distr ict Drfee Sa TOTAL TAX '-2 31 . 'J R" -1 , 3 92 . ·~ 4 1 3 . 1j 1 "Z . 1 48 .46 2 ,088 .92 It is the obli gation of cl1c taxpayer to sec that their property is properly Jcscribcd anJ assessed nn the tax books. Fai lun.: to n.:ct:i\'C a ta.\: s tatctncnr docs not rcl ic\'l' the tl.:~:payt:r of their obligation to pay thl'ir ta.\:cs when dut:. DATE !'AID -BYWHOIVI 0510512014 -adair I rrwn 0510512014 -adair I rrwn 1110412014 -Adair asset rranageme 1110412014 -Adair ~ asset rranageme 'IOlAL PAID BATCH-CL RECEIPT# 9317 -244063 9317 -244063 10077 -265852 10077 -265852 TAX PAID 24 .23 1,020.23 24.23 1,020.23 2,088.92 INTEREST FEES & PENALTY 0.00 0.00 0.00 0.00 0.00 TOTAL PAID 24.23 1,020 .23 24 .23 1,020.23 2,088.92 Vicki lluseth, Brookings County Finance Officer NON-CLEARANCE OF CHECKS VOIDS THIS RECEIPT . ------.------------------------------------------------------------------------------................................... . ' --------------------------------------------------------------------------------------· .................................. . BROOKINGS COUNTY PAID TAX RECEIPT Vicki Bused1, Finance Officer 520 3rd St Suite #100 Brookings , SD 57006 Phone: (605) 696-8250 Email: vbused1@brookingscountysd .gov TOWNHOUSES ON 17TH AVE LLC 101 W 69TH ST ST E 10 1 S I OUX FALLS SO 57 1 08 PROPERTY DESCRIPTION Legal Descrip t i on : MOS.V\RT':' ~~OUklH - J.I.DDTTION , B.LK 12 8 ~1 ~ J1 Other ACRE S Acres : 0 .00 Total Assessed Value 201 2 11.LAL ESTJ.I.TE DUPLICATE PAID RECEIPT 212877.0 Tax Receipt Parcel No. 403 1 -o-2o o-ooo ..:_oQG:= • 16 4 ,980 164,980 ITEMIZATION OF TAX Brookings Brookings Sch County Water Dist Drfee Sa *B rookings Sch Opt 0 TOTAL TAX 437 .93 2 ,382.85 779 .87 4.78 190 .54 150.13 3,946.10 It is the obli gation of the taxpayer to see that their property is properl y described :md :L<Sesse d on th e t:L'< boo ks . rni JurC to f t:Cl!i\'c a ta.'\ StatCOlC I1 t Joes 11 0[ n:Jie V<: the t:L'\payer o f their ob li gation tO pay their l tL\:t:S When d ue. DATE PAID-13YWHOM 01/18/2013 -dakota abstract cnt 01/18/2013 -dakota abstract cnt 'IOJALPAID BATCH-CL HECEI PT # 7411 -185337 7411 -185337 TAX l'AlD 190 .54 _3,f.55 .56 3, 946.10 INTEREST FEES & PENALTY 0.00 0.00 0.00 TOTAL PAID 190 .54 3,755 .56 3, 946 .10 Vicki Bused1, Brookings County Finance Officer NON-CLEARANCE OF CHECKS VOIDS THIS RECEIPT ......... -----.-----.----------------------------------------------------------------.................................... . BROOKINGS COUNTY PAID TAX RECEIPT Vicki Buseth, Finance Officer 520 3rd St Suite #100 Brookings, SD 57006 Phone: (605) 696-8250 Email : vbuseth@ brookingscountysd.gov TOWNHOU S ES ON 17T H AVE LLC 10 1 W 69TH ST STE 1 01 SIOUX FA LLS SD 57 1 08 PROPERTY DESCRIPTION Legal Description : MORIARTY FOURTH JI.DD ON , ELK 1 2 EXC l Other LOTS 1 & 2 3 . -g ACRES Acres: 0.00 \ I t- To t al As s essed Va l ue 20L3 RSAL ES:I'Nl'E DUP L ICATE PA I D RECEIPT Tax Receipt Parcel No. 22945 .0 40381 -01200 -000 -00 847 ,051 847 ,051 ITEMIZATION OFTAX Brookings Brookings Sch County Water Dist Drfee Sa *Brookings Sch Opt 0 TOTAL TAX 2 ,266 .62 12,888.73 4,046 .36 24 .57 91 .7 4 745.40 20 ,063 .42 It is th e ob li gatio n of th e tax p ayer to see th at cl1 ei r p ropL·rty is properl y d escri be d and a.'Scsscd o n th e t:L'< b oo ks . Failu re tn n.:ct.:ivc a ta:x state m e n t d ol:s n o t rd i cvL: the t:L'\payc r of th e i r ob li gati o n to pay thei r ta ... '\CS w hen due . DAT E PAID-BY WHOM 05/01/2014 -'IOiN-UEES CN 17TH A 05/01 /2014 -'IOiN-UEES CN 17TH A 10/31/2014 -t cwnhcuses en 17th 10/31/2014 -t oN1hcuses en 17th 'IOIAL PAID BATCH-CL R E CEIPT# 9304 -243551 9304 -243551 10056 -264823 10056 -264823 TAX PAID 4_,, 7 8 ,98~.84 45 .87 9,985 .84 20 ,063 .42 INTE R E ST F E E S & PENALTY 0.00 0.00 0 .00 0 .00 0.00 TOTAL PAID 45 .87 9,985 .84 45 .87 9,985 .84 20,063 .42 Vicki Buseth, Brookings County Fina nce Officer • ---------------------------------------------------------------------------------------.... -.-.......................... -. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0185,Version:1 Action on Abatement for Parcel 40265-03000-031-00, Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition in the City of Brookings, County of Brookings, State of South Dakota. Summary: This motion will authorize Brookings County to abate a portion of the property taxes for Parcel No. 40265-03000-031-00, located at Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition to the City of Brookings, County of Brookings, State of South Dakota. In 2006, H & M Land Company, Inc. conveyed possession of this property to the City of Brookings, South Dakota, to be used for municipal park purposes. Subsequently, due to the loss of the title, the property was not officially registered until November 5, 2014. There will be a $115.14 decrease in the property tax revenue for Brookings County for Parcel 40265- 03000-031-00. Recommendation: Recommend approval of the motion. Attachments: Property Tax Abatement City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Brookings City Clerk Property Tax Abatement and Refunds Parcel 40265-03000-031-00 South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application Year:2014 Abatement Amount:$115.14 Address: North Entrance to Arrowhead Park Legal Description: Parcel No. 40265-03000-031-00, located at Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition to the City of Brookings, County of Brookings, State of South Dakota . I hereby certify that on March 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated March 24, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 property taxes in the amount Parcel 40265-03000-031-00, Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition in the City of Brookings, County of Brookings, State of South Dakota Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0202,Version:1 Action on Abatement of Drainage Fee for Parcel 40970-11050-361-05 in Farmland Addition, Section 36-T110N-R50W, Brookings. Summary: This motion will authorize Brookings County to abate the drainage fee for Parcel No. 40970-11050- 361-05, Farmland Addition, Section 36-T110N-R50W, Brookings. Background: The City Engineer was notified by Brookings County that this parcel was replatted and is no longer an existing parcel number. The new replatted lots include a drainage fee, which will be collected into the City storm drainage fund. The parcel being abated has a 2015 drainage fee of $48.46, which will be abated to $0.00. Fiscal Impact: The drainage fee revenue will be decreased by $48.46 for this parcel, and a drainage fee will be collected on the replatted parcel. Recommendation: Recommend approval of the motion. Attachments: Abatement Form City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Brookings City Clerk Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Brookings City Ordinance, Chapter 72, Storm Drainage, establishes the annual fee for each property is assessed in the City of Brookings and payable to the County Treasurer. 72-1(b) Annual fee; basis. All real property within the city shall be charged an annual fee for the operation, maintenance, and capital improvements of the storm sewer and drainage system. The fee for each such property shall be based on the lot area, a runoff weighting factor, and a unit financial charge, and which fee is determined as follows: Storm drainage fee equals the runoff weighting factor multiplied by parcel area (in square feet) multiplied by unit financial charge (in dollars per square foot). Application: City of Brookings Year: 2015 Abatement Amount for 2015: $48.46 Address: N/A Parcel Number:40970-11050-361-05 Legal Description: Farmland Addition, Section 36-T110N-R50W Background: This parcel has been re-platted and is no longer an existing parcel and the drainage fee is being abated. The revised drainage fee is the following: 2015 drainage fee charged:$48.46 2015 revised drainage fee: $0.00 Amount to be abated from 2015 taxes:$48.46 I hereby certify that on March 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated March 24, 2015, and reads as follows: “A motion was made by CM ??, seconded by CM ??, to approve an abatement request made by the City of Brookings to abate the 2015 drainage fee in the amount of $48.46 for Parcel No. 40970-11050-361-05, located in Farmland Addition, Section 36-T110N-R50W. “All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-022,Version:1 Action on Resolution 15-022, a Resolution designating Election Judges for the April 14, 2015 Combined Municipal/School Board Election. Summary: Pursuant to State Law, action is needed to appoint the superintendents and deputies for the combined April 14, 2015 Municipal and School Board Election. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-022 Appointment of Election Judges Whereas, a City of Brookings Municipal Election will be held on April 14, 2015 for the positions of one Mayor, two Council members and two School Board members; and Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election Superintendents and Deputies and set their rate of compensation; and Whereas, the following superintendents and deputies are hereby appointed at a rate of $10.50 per hour for superintendents, $10.00 per hour for deputies, and a flat fee of $20.00 for the April 13, 2015 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and Ken Ahartz as Alternate; VOTE CENTER 1 – Brookings Activity Center: Marcella Headley, Superintendent, Norma Linn, Carol Dusharm, Bev Carlson, and LaVonne Kurtz; VOTE CENTER 2 – Bethel Baptist Church: Sue Knutzen, Superintendent, Sharon Anderegg, Marilyn Foerster, Robert Bell, and Linda Thaden; VOTE CENTER 3 – Holy Life Tabernacle Church: Bobbe Bartley, Superintendent, Russell Lokken, Marilyn Heesch, Ellen Herrboldt, and Mary Peterson; ALTERNATES – Kris Cooper, Lois Washechek and Betty Vaughn; VOTE CENTER 4 – Ruth Anderson, Superintendent, Gloria Pike, Ron Thaden and Linda Schamp as Alternate; ABSENTEE VOTE CENTER – Larry Hult, Superintendent, Ken Ahartz, Ray Dorn, and Nancy Flynn as Alternate. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-020,Version:1 Action on Resolution 15-020, a Resolution removing Uncollectible Accounts Receivable from Records. Summary: The City of Brookings has a total of $1,802.41 uncollectible for forestry charges. Background: The Forestry Department removed diseased trees and billed Joshua Dubro for the cost of the removal per the City of Brookings fee schedule. Mr. Dubro filed bankruptcy and all previous attempts to collect were unsuccessful. Fiscal Impact: Loss of the fee income of $1,802.41. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-020 Uncollectible Accounts Receivable Removed From Records Whereas, the City of Brookings has a total of $1,802.41 in uncollectible forestry charges from Joshua Dubro (filed bankruptcy); and Whereas, efforts to collect and recover from customers was unsuccessful; Now, Therefore Be It Resolved the amount of $1,802.41 forestry charges be determined as uncollectible and removed from the records. Passed and approved this 24 th day of March, 2015. CITY OF BROOKINGS ___________________________ Tim Reed, Mayor ATTEST: ____________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-021,Version:1 Action on Resolution 15-021, a Resolution declaring Street Department equipment as surplus property. Summary: The City Street Department has the following described equipment to be declared as surplus property: One (1) 1993 Dodge Stake Bed Pickup Model D250 VIN Number 1B7KE2657PS219674 One (1) 1992 Etnyre Tack Oil Distributor Model MU4TRL Serial Number M4121 One (1) 1991 GMC Single Axle Truck with One (1) 1987 Henderson Permanently Mounted Spreader Truck Model TC7H042 Truck VIN Number 1GDL7H1P9MJ500673 Spreader Model FSH10SS Spreader Serial Number10936 One (1) 1989 Hazardous Storage Building Three (3) 1989 Underground Fuel Tanks 4,000/6,000/12,000 Gallon Capacity One (1) 2006 Gasboy Model 1000 Fuel Management System Two (2) 2008 Wayne Fuel Pumps Diesel Pump Serial Number 42681B Gas Pump Serial Number 42680B The 1993 Pickup, 1992 Distributor, 1991 Truck and 1987 Spreader are on the 2015 CIP schedule for replacement. The 1989 Hazardous Storage Building, 1989 fuel Tanks, 2006 Fuel Management System, and 2008 Fuel Pumps are being surplused to make way for the new Street Department building. Council action is required to declare these items surplus. City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:RES 15-021,Version:1 This equipment is being declared surplus property according to SDCL Chapter 6-13. Recommendation: Staff recommends as approval. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Resolution 15-021 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: One (1) 1993 Dodge Stake bed Pickup, Model D250 VIN Number 1B7KE2657PS219674 One (1) 1992 Etnyre Tack Oil Distributor, Model MU4TRL Serial Number M4121 One (1) 1991 GMC Single Axle Truck with One (1) 1987 Henderson Permanently Mounted Spreader Truck Model TC7H042, Truck VIN Number 1GDL7H1P9MJ500673 Spreader Model FSH10SS, Spreader Serial Number10936 One (1) 1989 Hazardous Storage Building Three (3) 1989 Underground Fuel Tanks 4,000/6,000/12,000 Gallon Capacity One (1) 2006 Gasboy Model 1000 Fuel Management System Two (2) 2008 Wayne Fuel Pumps: Diesel Pump Serial Number 42681B, Gas Pump Serial Number 42680B Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-032,Version:1 Action on Resolution 15-032, a Resolution declaring Surplus Property of a 1990 Ford Van, VIN 1FBJS1H3LHA87777. Summary: The Brookings Parks, Recreation and Forestry Dept. currently owns a 1990 Ford Van, VIN 1FBJS1H3LHA87777, which has typically been used for summer recreation and transportation purposes; however, the van no longer serves this purpose, and the department has no need to keep it as part of the fleet. The City of Brookings Parks, Recreation & Forestry Dept. has been in the process of upgrading their fleet of vehicles for several years and removing vehicles which no longer serve a useful purpose in the fleet. The listed vehicle fits this later category and is currently not used as an active vehicle in the fleet. In consideration of the vehicle’s current disposition, the vehicle should be declared surplus and sold so as the City is no longer expending time and finances to store and maintain the vehicle. Recommendation: The Brookings Parks, Recreation and Forestry Dept. recommends declaring this vehicle surplus. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution No.15-032 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following property located in the Brookings Parks, Recreation and Forestry Dept: 1990 Ford Van, VIN 1FBJS1H3LHA87777 Whereas, this item no longer serves any useful purpose to the City of Brookings, it is the desire of the City of Brookings to dispose of the same as surplus property. Now, therefore, be it resolved that the listed property be declared surplus by the City Council. Whereas, the City Manager is hereby authorized to sell said surplus property. Passed and approved this 24 th day of March, 2015. CITY OF BROOKINGS _______________________________ Tim Reed, Mayor ATTEST: _______________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-033,Version:1 Action on Resolution 15-033, a Resolution declaring Surplus Property of a 1990 Loftness Snowblower #397. Summary: The Brookings Parks, Recreation and Forestry Dept. currently owns a 1990 Loftness Snowblower which has typically been used for winter snow removal; however, with the recent addition of new equipment, the snowblower is no longer needed. The City of Brookings Parks, Recreation & Forestry Dept. has been in the process of upgrading their equipment for several years and removing equipment which no longer serve a purpose. The listed equipment fits this later category. In consideration of the equipment’s current disposition, the snowblower should be declared surplus and sold so as the City is no longer expending time and finances to store and maintain it. Recommendation: The Brookings Parks, Recreation and Forestry Dept. recommends declaring this equipment surplus. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-033 Resolution Declaring Surplus Property of a 1990 Loftness Snowblower #397 Whereas, the City of Brookings is the owner of the following property located in the Brookings Parks, Recreation and Forestry Dept: 1990 Loftness Snowblower #397 Whereas, this item no longer serves any useful purpose to the City of Brookings, it is the desire of the City of Brookings to dispose of the same as surplus property. Now, therefore, be it resolved that the listed property be declared surplus by the City Council. Whereas, the City Manager is hereby authorized to sell said surplus property. Passed and approved this 24 th day of March, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0194,Version:2 Presentation of City of Brookings Annual Financial Report. Summary: 2014 "unaudited" Annual Financial Report Background: Please find the 2014 "Unaudited" Annual Financial Report for the City of Brookings. As per SDCL 9- 22-21, we are required to report to the governing body at the first regular meeting in March the receipts, expenses, and financial condition of the municipality, including where the City's funds are deposited. This report is unaudited and it is anticipated adjustments will be made. The audit team from BKD, LLP, is scheduled to be in Brookings, March 30th through April 17th. The final audited report will be presented to the Council at a later date. Attachments: March Council Report City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-029,Version:2 Action on Resolution 15-029, a Resolution awarding a contract for the purchase of One New 74 HP Stump Cutter for the Parks, Recreation & Forestry Dept. Summary: The stump cutter is being purchased through a contract with the National Joint Powers Alliance (NJPA) and the Vermeer Corp. The NJPA offers a multitude of cooperatively contracted products, equipment and service opportunities to education and government entities throughout the country. The contract is for $39,245.00 but the current 1992 Vermeer stump cutter will be traded-in for $5,000 on the purchase, and the final purchase price will be $34,905.00. The stump cutter is used primarily by the Forestry Dept. to grind away the remaining stump and roots below ground-level after a tree has been removed. The 2015 capital budget for this expenditure is $35,000.00. Recommendation: The Brookings Parks, Recreation & Forestry Dept. recommends that the contract from the Vermeer Corp. in the amount of $34,905.00 be accepted, including the $5,000 trade-in on the current 1992 Vermeer stump cutter. Attachments: Resolution Contract City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-029 Resolution awarding a contract for the purchase of One New Stump Cutter for the Parks, Recreation & Forestry Dept. Whereas, the City of Brookings has sought and received the following quote for One New 74 HP Stump Cutter from the Vermeer Corporation through the National Joint Powers Alliance: Trade-in on the 1992 Vermeer Company Base Price Stump Cutter Final Quote Price Vermeer Corp.$39,245.00 $5,000.00 $34,905.00 w/shipping ($660.00) The capital budget for this expenditure is $35,000.00. Now Therefore, Be it Resolved that the contract from the Vermeer Corp. in the amount of $34,905.00 be accepted. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-028,Version:1 Action on Resolution 15-028, a Resolution awarding a contract on 2015-08STI, Street Maintenance and Overlay Project. Summary: This resolution will award bids for 2015-08STI, Street Maintenance and Overlay Project. Background: This project is the annual street maintenance project which includes asphalt milling, digouts and overlays on various streets in Brookings that are in need of repair. The streets identified for repair this year include: ·34th Avenue between 6th Street and Highway 14 Bypass: This street was constructed with four inches of asphalt and digout areas have been repaired in phases during the last two years. This year’s project will include additional digout work and milling along the curbs, a two-inch asphalt overlay, and plastic pavement striping. This street will cost more than anticipated since the digout areas are more extensive than anticipated, so other streets originally shown in the CIP will be moved to 2016 to keep this project under the total budget. ·32nd Avenue between 6th Street and the R & T driveway: This street had drain tile installed last year and the work this year will entail milling along the curb and a two-inch asphalt overlay. ·5th Street South between Main Avenue South and Medary Avenue South: The work on this street will entail milling along the curb and a two-inch asphalt overlay. ·Powderhorn Pass from Summit Pass to the south approximately 200 feet: The work on this street will entail milling along the curb and a two-inch asphalt overlay. ·Swiftel Center Parking Lot: This project includes drain tile and an asphalt overlay in the southwest corner of the southern Swiftel Center Parking Lot. ·Bike Trail: This project includes a two-inch asphalt overlay on two bike trails. ·Airport: This project includes milling and overlaying taxilanes near the hangar area. The bid letting for this project was held on Tuesday, May 17, 2015 and the City received the following bids: Bowes Construction Co., Inc.:$783,109.00 The total low bid is approximately 8.8 % lower than the engineer’s estimate of $859,032.00. Fiscal Impact: The City will enter into a contract with Bowes Construction Co., Inc. for the low bid amount of $783,109.00. Recommendation: Recommend awarding the project to Bowes Construction Co., Inc. for the total low bid of City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:RES 15-028,Version:1 $783,109.00. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Resolution No. 15-028 Resolution Awarding Bids on Project 2015-08STI Street Maintenance and Overlay Project Whereas, the City of Brookings opened bids for Project 2015-08STI Street Maintenance and Overlay Project on Tuesday, March 17, 2015 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bid for Project 2015-08STI Street Maintenance and Overlay project: Bowes Construction Co., Inc., Brookings, SD: $783,109.00. Now Therefore, Be It Resolved that the total low bid of $783,109.00 for Bowes Construction Co., Inc., Brookings, SD be accepted. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-030,Version:3 Action on Resolution 15-030, a Resolution awarding a contract for the purchase of One 4-Wheel Drive Sprayer for Brookings Parks, Recreation and Forestry Dept. (EdgeBrook Golf Course). Summary: On Feb. 24, 2015, a bid opening was held for one 4-wheel drive sprayer for the Brookings Parks, Recreation and Forestry Dept. (EdgeBrook Golf Course). The City received two bids on two schedules and three options. The Schedule 1 bid specifications requested an engine between 35hp and 45hp with a 300 gal. chemical tank, and the Schedule 2 bid specifications requested an engine between 22hp and 30hp and a 200 gal. chemical tank. The three options requested were: Rogers covered boom, global positioning system with data logging and a sunshade. See attached bid tab for bid results. Based on the funds available in the EdgeBrook Capital Improvements Plan (CIP) budget and the low bid provided by TurfWerks, the following equipment meets the specifications, budget, and the needs of the department: Spray Star 2000 with a 25hp diesel engine, 200 gal. tank, Rogers covered-booms and sunshade. The sprayer is used for applying chemical herbicides, fertilizers and fungicide to the turf at the golf course. Additionally, the Parks Dept. uses the sprayer for a variety of weed control and fertilizer application in the parks and around the schools. The Rogers covered-booms option provides a canopy over the spray booms to the ground and assists with keeping the spray applicant in the desired area, especially on windy days, and helps alleviate public concerns regarding the broad dispersal of the chemicals. The Edgebrook Golf Course CIP for this purchase is $46,000.00. Recommendation: The Brookings Parks, Recreation & Forestry Dept. recommends that the bid from Turfwerks of Johnston, IA in the amount of $43,993.00 be accepted for the Schedule 2 bid, including the Rogers covered-boom and sunshade options. Attachments: Resolution Bid Tab City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-030 Resolution awarding a contract for the purchase of One New 4-Wheel Drive Turf Sprayer for the Parks, Recreation & Forestry Dept. (EdgeBrook Golf Course) Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, February 24, 2015; and Whereas, the City of Brookings has received the following bid for one 4-Wheel Drive Turf Sprayer, including Rogers covered-booms and a sunshade: Bid Price Company Base Bid Price with Rogers covered-booms Sunshade Option TurfWerks $38,716.00 $43,507.00 $486.00 Johnston, IA Total with accepted options: $43,993.00 The Edgebrook Golf Course Capital Improvement Plan budget for this purchase is $46,000.00. Now Therefore, Be it Resolved that the bid from TurfWerks of Sioux Falls, SD in the amount of $43,993.00 be accepted. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk One (1) Four Wheel Drive Turf Sprayer for Brookings Parks, Recreation and Forestry Dept. Brookings Parks, Recreation and Forestry Dept. (EdgeBrook Golf Course) Bid Let: Tuesday, Feb 24, 2015, 1:30pm Bidder/Company TurfWerks Midwest Turf and Irrigation Johnston, IA Omaha, NE Bid Bond/Cashiers Check Incl.Incl. Schedule I Base Bid $47,694.00 $47,367.00 Options #1 Price (covered boom)$52,485.00 $56,774.00 Option #2 Price (gps, eprd)$60,036.00 Add-on Option #3 Price (sunshade)$486.00 $1,423.00 Schedule 2 Base Bid $38,716.00 $39,020.00 Options #1 Price (covered boom)$43,507.00 $48,292.00 Option #2 Price (gps, eprd)$50,572.00 Add-on Option #3 Price (sunshade)$486.00 $979.00 Addendums NA NA The 2015 EdgeBrook CIP Budget for this expenditure is $46,000.2015 CIP Budget for this Expenditure City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-034,Version:2 Action on Resolution 15-034, a Resolution awarding a contract for the purchase of New Playground Equipment and Purchase and Installation of Poured-in-Place Surfacing for Valley View Park. Summary: The playground equipment and poured-in-place surfacing is being purchase through a contract with The Cooperative Purchasing Network (TCPN) and Play & Park Structures Co. The TCPN offers a multitude of cooperatively contracted products, equipment and service opportunities to education and government entities throughout the country. The contract is for $131,587.04 for the equipment and surfacing. Playground equipment installation will be performed by Parks staff. Valley View Park is being developed with City funds and a Land & Water Conservation Fund matching grant. There have been a couple of delays at the federal level since the grant was approved which has pushed this project until 2015. The Parks and Recreation Dept. has until December 31, 2015 to complete the development stipulated in the grant agreement. The 2015 Parks capital budget for this expenditure is $100,000 (rollovers from 2013 and 2014 fiscal years ($50,000) and $50,000 in the capital budget for Americans with Disabilities Act (ADA) compliant surfacing). Additional funding has been authorized by the City Manager to make-up the difference in the cost of the surfacing between when the grant was approved and the determination on the ADA compliant surfacing was made. Most of the deficit for the surfacing will likely be made-up from other capital budget savings in the Parks, Recreation and Forestry budgets. Equipment and Surfacing Budget for Park Development Contract playground equipment and furnishings:$48,116.52 includes shipping Grant budget for playground equipment and furnishings :$47,825.00 Funds Remaining $ 291.52 Contract poured-in-place surfacing installed Including on-site security:$83,470.52 Grant budget for surfacing:$ 9,600.00 -$73,870.52 Add capital budget ADA surface funds:$50,000.00 Additional Funds Required -$23,870.52 Recommendation: The Brookings Parks, Recreation & Forestry Dept. recommends that the contract from TCPN and City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:RES 15-034,Version:2 Play & Park Structures Co. in the amount of $131,587.04 be accepted. Attachments: Resolution Pricing for Playground Equipment City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Resolution 15-034 Resolution Awarding a Contract for Purchase of New Playground Equipment and Poured-in Place Surfacing for Valley View Park Whereas, the City of Brookings has sought and received the following quote for playground equipment and poured-in-place surfacing from The Cooperative Purchasing Network and Play & Park Structures Co: Company Playground Equip./Furnishings Poured-in-Place Surfacing Play & Park $48,116.52 including shipping $83,470.52 installed Structures Co. Total: $131,587.04 The Parks capital budget for this expenditure is $100,000.00. Now Therefore, Be it Resolved that the contract from the Play & Park Structures Co. in the amount of $131,587.04 be accepted. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Play & Park Structures of IA, NE, ND & SD 1106 NW Cedarwood Dr Ankeny, IA, 50023 Phone: 515-320-5987 Fax: 866-261-4608 Email: tkisgen@playandpark.com Contact: Tim Kisgen Valley View Park- 2015 Pricing Brookings Parks, Recreatiion and Forestry Attn: Peter Colson Brookings, SD 57006 Phone: 605-692-2708 Fax: 605-697-8355 pcolson@cityofbrookings.org Quote Number: 767-85116B Quote Date: 3/11/2015 Stock ID Description Quantity Weight Unit Price Amount RDU 62415 SCHOOL SPIRIT 1 4535 $41,488.00 $41,488.00 7202 -- ECHO CHAMBER ASSEMBLY 1 60919 -- ZIG ZAG ADAPTER 2 62001 -- EXIT SECTION 3 62002 -- STRAIGHT SECTION 10 62003 -- LEFT CURVE SECTION 4 62004 -- RIGHT CURVE SECTION 4 62005 -- DURAMAX AVALANCHE ENTRANCE 1 62006 -- 4'SLIDE SUPPORT 3 62007 -- 10' UPRIGHT(ALUM)W/CAP-3.5"OD 1 62008 -- 12' UPRIGHT(ALUM)W/CAP-3.5"OD 2 62010 -- 36" X 36"DECK 3 62020 -- 14' UPRIGHT(ALUM)W/CAP-3.5"OD 6 62091 -- WILD SWINGER 1 62116 -- LOOP ARCH CLIMBER 2'8" DECK 1 62292 -- MAXCLIMB SUMMIT 1 62297 -- 7' UPRIGHT(ALUM)W/CAP-3.5"OD 1 62298 -- 11' UPRIGHT(ALUM)W/CAP-3.5"OD 2 62303 -- 15' UPRIGHT(ALUM)W/O CAP- 3.5"OD 6 62311 -- APEX CLIMBING LINK 1 62345 -- RETURN STEP 1 62353 -- LOG ROLL 1 62359 -- FUNVISOR-DURAMAX 5 62360 -- 4' ROOF EXTENSION W/CAP- 3.5"OD 2 62361 -- 2' ROOF EXTENSION W/CAP- 3.5"OD 4 62362 -- ENHANCED BARRIER PANEL 1 62363 -- ENHANCED BARRIER W/STEERING WHEEL 1 62366 -- SINGLE SEAT 1 62373 -- MINI AMAZE PANEL 1 63754 -- HORIZ LOOP LADDER ATTACH 2'8"1 63988 -- 5'4" SINGLE VELOCITY SLIDE 1 69146 -- DECK TO DECK STAIR 2'-8"1 69150 -- TRI TRANSFER W/HAND 5'-4"1 RDU SWINGS 1 1547 $6,852.56 $6,852.56 67558 -- 3 1/2"OD ARCH SWING 1 67591 -- ENCL SEAT 3 1/2"2 67597 -- BELT SEAT 3 1/2"OD 10 67620 -- 3 1/2"OD ARCH SWING A-A-B 5 RDU FREESTANDING EQUIPMENT 1 1747 $12,984.40 $12,984.40 67841 -- SCOOP DIGGER 2 67950 -- ROCK DUO 1 67953 -- JUMP-2-IT 1 67997 -- CLIMB & DISCOVER CAVE-NAT 1 RDU SITE FURNISHINGS 1 1957 $6,342.00 $6,342.00 SF-128 -- 6' BENCH SURFACE MOUNT 2 SF-166 -- 6' STANDARD PICNIC TABLE 3 SF-209 -- LITTER RECEP FLAT TOP ING 3 SF-228 -- HD BIKE RACK 18 BIKE PERM 1 PIP 6,830 SF "Dura Turf" Poured In Place Surfacing 1 0 $82,870.52 $82,870.52 - Color is 50/50 black/standard color. 3.5" thick for 8' CFH. Installation and Freight included. OPTION Option for Security 1 0 $600.00 $600.00 Total Weight:9786 SubTotal:$151,137.48 Discount:$25,457.27 Freight:$5,906.83 Total Amount:$131,587.04 THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT PLAY & PARK STRUCTURES CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAY & PARK STRUCTURES, C/O Play & Park Structures of IA, NE, ND & SD. Pricing: f.o.b. factory, firm for 30 days from date of quotation. Shipment: order shall ship within 30-45 days after Play & Park Structures's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Freight charges: Prepaid & added Installation: shall be by a Certified Play & Park Structures Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional labor or material costs. Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. Play & Park Structures designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Acceptance of quotation: Accepted By (printed): P.O. No: Signature: Date: Title: Phone: Purchase Amount: $131,587.04 Facsimilie Order Information Bill to: Ship to: Company: Company: Attn: Attn: Address: Address: City/State/Zip: City/State/Zip: Billing Contact: Jobsite Contact: Billing Phone: Jobsite Phone: Billing Fax: Jobsite Fax: Enter desired color palette name: OR Enter desired color: Uprights () Decks () Accents () Roofs/Tubes () Slides/Panels () Play & Park Structures of IA, NE, ND & SD By: Salesperson's signature Salesman's Signature Customer's Signature City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-035,Version:1 Action on Resolution 15-035, a Resolution awarding a contract for the purchase of one new asphalt recycler and hot box spreader for the Street Department. Summary: The asphalt recycler and hot box spreader is being purchased through a contract with the National Joint Powers Alliance (NJPA) and Laursen Asphalt Repair Equipment. The NJPA offers a multitude of cooperatively contracted products, equipment and service opportunities to education and government entities throughout the country. The contract is for $33,102.00. The asphalt recycler and hot box spreader would be used by the Street Department to prepare asphalt mix and repair streets during which time the local asphalt plant is closed. This item is in the 2015 CIP for the Street Department. The Street Department recommends that the contract from Laursen Asphalt Repair Equipment in the amount of $33,102.00 be accepted. Recommendation: Staff recommends approval. Attachments: Resolution Contract City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-035 Resolution Awarding a Contractor for Purchase of One New Asphalt Recycler and Hot Box Trailer for the Street Department Whereas, the City of Brookings has sought and received the following quote for One New MI10295, 4-Ton Falcon Asphalt Recycler and Hot Box Trailer from Laursen Asphalt Repair Equipment through the National Joint Powers Alliance: Company Final Quote Price Laursen Asphalt Repair Equipment $33,102.00 w/shipping ($1,155.00) The capital budget for the expenditure of one Single Axle Truck Chassis/Box/Hot Asphalt Patcher is $171,515.00. Now Therefore, Be it Resolved that the contract from Laursen Asphalt Repair Equipment in the amount of $33,102.00 be accepted. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-036,Version:1 Action on Resolution 15-036, a Resolution authorizing the purchase of a 2015 Sander/Spreader off another governmental agency bid. Summary: The City Street Department requests action to purchase a 2015 sander/spreader off the City of Yankton, SD bid. Bids were opened on February 12, 2015 for a new spreader, by the City of Yankton, SD. Sanitation Products, Inc. of Sioux Falls, South Dakota was low bidder in the amount of $35,204.00. This spreader will replace a 1987 Henderson Sander and is in our Street Department CIP for this year. This item is over budget as we budgeted $25,000 for this item. However, we are significantly under budget for the two other items of truck chassis and hot patcher by approximately $62,422 so this will cover the sander and still leave the total purchases under budget. Action to purchase off another municipality’s bid requires City Council action and must be recorded in the official Council minutes. Recommendation: Staff recommends approval. Attachments: Resolution City of Yankton documentation City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-036 Action to Purchase off another Governmental Agency Bid Whereas, the City of Brookings Street Department requests action to purchase a 2015 sander/spreader off the City of Yankton, SD bid. Bids were opened on February 12, 2015 for a new spreader, by the City of Yankton, SD. Sanitation Products, Inc. of Sioux Falls, Inc. was low bidder in the amount of $35,204.00. This spreader will replace a 1987 Henderson Sander. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-037,Version:1 Action on Resolution 15-037, a Resolution authorizing the purchase of a 2015 Truck Chassis off another governmental agency bid. Summary: The City Street Department requests action to purchase a 2015 truck chassis off the City of Yankton, SD bid. Bids were opened on February 12, 2015 for a new truck chassis, by the City of Yankton, SD. North Central International of Sioux Falls, Inc. was low bidder in the amount of $75,991.00 plus $2,142.00 for corrosion and wear resistant options for a total of $78,133.00. This truck will replace a 1991 GMC single axle truck and is in the CIP for the Street Department. Action to purchase off another municipality’s bid requires City Council action and must be recorded in the official Council minutes. Recommendation: Staff recommends approval. Attachments: Resolution City of Yankton documentation City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-037 Action to Purchase off another Governmental Agency Bid Whereas, the City of Brookings Street Department requests action to purchase a 2015 truck chassis off the City of Yankton, SD bid. Bids were opened on February 12, 2015 for a new truck chassis, by the City of Yankton, SD. North Central International of Sioux Falls, Inc. was low bidder in the amount of $75,991.00 plus $2,142.00 for corrosion and wear resistant options for a total of $78,133.00. This truck will replace a 1991 GMC single axle truck. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-039,Version:1 Action on Resolution 15-039, a Resolution to purchase a new one-ton crew cab pickup off the State of South Dakota vehicle bid. Summary: The City Street Department requests action to purchase a new one-ton crew cab pickup off the State of South Dakota vehicle bid. Base price for the one-ton 2 x 4 crew cab long box pickup is $27,793.00. Selected options total $2,740.00 bringing the total purchase price to $30,533.00. This pickup will replace a 1993 F350 pickup that was damaged in the June 1, 2014 fire and sold November 18, 2014 through Public/Surplus on-line auction. Action to purchase off another governmental agency’s bid requires City Council action and must be recorded in the official Council minutes. Recommendation: Staff recommends approval. Attachments: Resolution State Bid documentation City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-039 Action to Purchase off another Governmental Agency Bid Whereas, the City of Brookings Street Department requests action to purchase a new one-ton crew cab pickup off the State of South Dakota vehicle bid. This pickup is included in the Street Departments revised 5 year CIP. Base price for the one-ton 2x4 crew cab long box pickup is $27,793.00. Selected options total $2,740.00 bringing the total purchase price to $30,533.00. Cost is above the budgeted $28,000.00 by utilizing savings of other capital asset purchases. This pickup will replace a 1993 F350 pickup that was damaged in the June 1, 2014 fire and sold November 18, 2014 through Public/Surplus on-line auction. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 30. CLASS CN TRUCK 1 TON 2 x 4 CREW CAB LONG BOX LAMB MOTORS CONTRACT# 16677 FORD F350 •Engine, 6.2 Liter V8 •Transmission, Automatic •Power Door Locks •Brakes –ABS •Brake Controller, Integrated •Power Windows/Mirrors •Dark tinted rear windows •Radio, AM/FM CD •Armrest, Fold Down (Cloth Only) •Air Conditioning •Air Bags, Side Impact •Axle, Rear Limited Slip •Bumper, Rear Step •Cruise Control •Cab, 6 Passenger, Crew Cab •Doors, 4 Full Rear Opening •Box Length 8’ •Floor Covering, Rubber •Single Rear Wheels •Engine Block Heater •Trailer Tow pkg., Cooler, Engine Oil Cooler, Cooler, Transmission •Light, Rear Cargo •Lights, Clearance, Roof, 5 Amber •Mirrors, Extendable Right & Left Outside •Seats, Cloth, Split Bench •Seat, Bench Type Second •Tilt Steering •Tires, Spare Wheel & Tire Mounted Outside, Vehicle MFG. Standard Bracket •Tow Hooks, 2 on Front •Wipers, Multiple Speed •Factory Cab Headliner •Factory Freight Delivery Date 60 – 90days Base Cost $27793 •Engines, Option, Diesel 6.7L $8980 •Axle, Rear Ratio Option (Contact Vendor)$450 •Bluetooth Capability $395 •Short Box Length 6.75’NC •Box Delete/with filler hose kit $(-100) •Dual Rear Wheels –13000GVW $1500 - Yes •PTO-Provision W/Elec Throttle Control $385 - Yes •Seats, Vinyl $100 - Yes •Seats, Bucket $615 •Spray on Bed Liner $600 •E85 FLEX FUEL NC •Tires, All Terrain $285 - Yes •Cab Steps $475 •Rearview Camera $470 - Yes •Remote Start $250 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-027,Version:1 Action on Resolution 15-027, a Resolution authorizing the Mayor to sign an Agreement for FAA Flight Inspection Services, Runway 17-35. Summary: This resolution will authorize the Mayor to sign the agreement between the Department of Transportation Federal Aviation Administration and the City of Brookings for FAA Flight Inspection Services of Runway 17-35. Background: The City of Brookings will be completing construction of Runway 12-30 this summer, along with the north end of Runway 17-35. The Federal Aviation Administration (FAA) will perform the flight inspection on the PAPIs and REILs for Runways 17 and 35. The draft agreement is attached, which shows the estimated cost of $15,855.48. This contract will be eligible for grant reimbursement, where the Federal share is 90%, the State share is 5% and the City share is 5%. Fiscal Impact: The City’s share of the project will be 5% of the cost which is estimated to be $792.77. Recommendation: Recommend approval of the resolution. Attachments: Resolution Agreement City of Brookings Printed on 3/23/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-027 Resolution Authorizing the Mayor to Sign an Agreement for FAA Flight Inspection Services, Runway 17-35 Whereas, the Brookings City Council desires Federal Aviation Administration Flight Inspection Services on Runways 17 and 35 in the City of Brookings; and Whereas, the Federal Aviation Administration will provide flight inspection services at the Brookings Regional Airport (KBKX) for Runways 17 and 35 for flight inspection of the PAPIs and REILs. Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign all documents related to the Non-Federal Reimbursable Agreement between the Department of Transportation Federal Aviation Administration and the City of Brookings for Flight Inspection Services of Runways 17 and 35. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Agreement Number AJW-ON-AAC-15-A672 1 of 8 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF BROOKINGS BROOKINGS REGIONAL AIRPORT BROOKINGS, SOUTH DAKOTA WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the City of Brookings (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS,it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA’s mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA’s mission; WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. § 106(l)(6) on such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA/Flight Inspection Services, and City of Brookings. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(l)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope A.The purpose of this Agreement between the FAA and the Sponsor is to provide a special flight inspection of the PAPIs and REILs on Rwys 17 and 35 at Brookings Regional Airport (KBKX) Brookings, SD.This Agreement provides funding for the FAA to establish these services. Agreement Number AJW-ON-AAC-15-A672 2 of 8 Therefore, this project is titled: City of Brookings, Brookings, SD B. The FAA will perform a special flight inspection of the PAPIs and REILs on Rwys 17 and 35 at Brookings Regional Airport (KBKX) Brookings, SD. C. The Sponsor will: 1. Provide funding as estimated in Article 7. 2. Upon signature and payment of agreement, contact James Field at 405-954-9318 or james.d.field@faa.gov and inform him when the site is ready for inspection. You may call Flight Inspection Central Operations if you have any questions at 405-954-9780. D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes [ ] No. If Yes, the grant date is: and the grant number is: 3-46-0005-025-2012 . ARTICLE 4. Points of Contact A. FAA: 1. Flight Inspection Services will perform the Scope of Work included in this Agreement. Jim Wilson is the Manager, Mission Control Team, and liaison with the Sponsor for any Flight Inspection issues and can be reached at 405-954-9789. The Flight Inspection Services Agreement Administrator, Georgia Hines, can be reached at 405-954-8545. These liaisons are not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. FAA Contracting Officer: The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer. B. Sponsor Point(s) of Contact Sponsor: City of Brookings, South Dakota Brookings Regional Airport Attn:Philip Tiedeman, Airport Manager Address: P.O. Box 270 311 Third Ave. Brookings, South Dakota 57006 Phone:605.697.8664 E-mail:ptiedeman@cityofbrookings.org Agreement Number AJW-ON-AAC-15-A672 3 of 8 ARTICLE 5. Non interference with operations: [RESERVED] ARTICLE 6. Transfer Agreement [RESERVED] ARTICLE 7. Estimated Costs A. The estimated FAA costs associated with this Agreement are as follows: Description of Reimbursable Item Estimated Cost LABOR NA $0 Labor Subtotal $0 Labor Overhead (17%)$0 Total Labor $0 NON-LABOR Flight Inspection $14,958.00 Non-Labor Overhead (6%)$ 897.48 Total Non-Labor $15,855.48 TOTAL ESTIMATED COST $15,855.48 Detailed Estimate: Flight Inspection Estimated Cost Lear Rate $3,324/hr Type Hours Inspections Estimated Cost PAPIs & REILs on Rwy 17 & 35 at KBKX Special 4.5 1 $14,958.00 6% Administrative Overhead $ 897.48 Total Estimated Cost of Agreement $15,855.48 B. The FAA- Flight Inspection Services reserves the right to determine which aircraft will be used for flight inspections. Flight hour rates will be adjusted automatically according to the most current edition of FAA Order 2500.36, Application of Flight Hour Rates. The estimates are based on rates in effect at the time this Agreement is signed. C. Estimated costs contained herein are for planning purposes only and can vary depending on the actual aircraft used, and actual flight hours expended to reach the facility and to accomplish the inspection. As required by regulation, the final bill submitted to the customer will reflect actual hours and costs to Flight Inspection Services. D.Sponsor will be notified of any necessary deviations or changes to the instrument flight procedure and agrees to negotiate with the FAA to resolve additional Agreement Number AJW-ON-AAC-15-A672 4 of 8 reimbursement issues exceeding 10% of the cost estimate, in accordance with Article 9. E. FAA flight inspection aircraft may be delayed from scheduled itineraries for unanticipated reasons such as a National Airspace System priority, weather, or unscheduled aircraft maintenance. FAA is not responsible for any additional cost the Sponsor may incur if an inspection must be rescheduled. ARTICLE 8. Period of Agreement and Effective Date This Agreement supersedes and nullifies any previous agreements between the parties on the subject matter. The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send the Agreement to the FAA Agreement Coordinator for FAA signature and advance payment to the Accounting Division listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Any amount due on the final bill will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the Sponsor. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement to the Agreement Coordinator. The sponsor can either mail the payment to the address shown below or submit payment (via check or credit card) electronically via pay.gov. All payments must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is: FAA – Mike Monroney Aeronautical Center ATTN: AMK-323, Reimbursable Project Team P.O. Box 25082 Oklahoma City OK 73125 Agreement Number AJW-ON-AAC-15-A672 5 of 8 The overnight mailing, address is: DOT/FAA/Mike Monroney Aeronautical Center AMK-323 Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City OK 73169 Telephone: (405) 954-4962 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Brookings, South Dakota Brookings Regional Airport Attn: Philip Tiedeman, Airport Manager P.O. Box 270 311 Third Ave. Brookings, South Dakota 57006 Ph: 605.697.8664 ptiedeman@cityof brookings.org D. Pre-payment notices will be sent to the Sponsor on an annual basis. E. The cost estimates contained in Article 7 are expected to be the maximum cost associated with this Agreement, but may be modified to recover the FAA’s actual cost. If during the course of this Agreement, actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor a modification to the Agreement which includes the FAA’s additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA-Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Modifications Changes and/or modifications to this Agreement will be formalized by a written modification that will outline in detail the exact nature of the change. Any modification to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent modification(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as modifying or otherwise affecting the terms of the Agreement. Any party to this Agreement may Agreement Number AJW-ON-AAC-15-A672 6 of 8 request that it be modified, whereupon the parties will consult to consider such modifications. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. § 106(l)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless Agreement Number AJW-ON-AAC-15-A672 7 of 8 it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security [RESERVED] Agreement Number AJW-ON-AAC-15-A672 8 of 8 ARTICLE 21. Intellectual Property Data developed as part of FAA operations is public information subject to the Freedom of Information Act (FOIA) and the Privacy Act. ARTICLE 22. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any modification to this Agreement, the terms of such modification will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 100 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. AGREED: FEDERAL AVIATION ADMINISTRATION CITY OF BROOKINGS SIGNATURE SIGNATURE NAME Angel Taylor NAME Tim Reed TITLE Contracting Officer TITLE Mayor, City of Brookings DATE DATE City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-024,Version:1 Action on Resolution 15-024, a Resolution for the Bridge Reinspection Program for use with SDDOT Retainer Contracts. Summary: This resolution will authorize the City to retain Banner Associates, Inc. for the City of Brookings Bridge Reinspection Program for 2015. Background: The South Dakota Department of Transportation has a supportive role in the bridge inspection program. The National Bridge Inspection Standards (NBIS) Program requires inspection of all bridges and box culverts. According to Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, all bridges are required to be inspected at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. The City of Brookings has three bridges and one box culvert. Brookings’ box culvert is required to be inspected ever two years, as it does not meet the criteria for four year inspection. The City follows the NBIS standards so the Federal Bridge Replacement Funds can be utilized to hire consultants for the inspections. SDDOT will secure the federal approvals and make the payments to the Consulting Engineer for inspection services rendered. The SDDOT also provides for 80% funding for the inspection and the City provides the 20% match which is paid out of the drainage fund. The average cost of the inspection is approximately $5,000, with the City match being approximately $1,000. The City is recommending Banner Associates, Inc. as the consultant for this project. This resolution will authorize the SDDOT to enter into a contract with Banner Associates, Inc. for the 2015 bridge inspection program for Brookings. Fiscal Impact: The City will be responsible for 20% of the inspection cost. Recommendation: Recommend approval of the resolution. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-024 Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds. The City of Brookings requests SDDOT to hire Banner Associates, Inc. (Consulting Engineers) for the inspection work. SDDOT will secure federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds. Dated this 24th day of March, 2015, at Brookings, South Dakota. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 15-005,Version:1 First Reading and Introduction on Ordinance 15-005, an Ordinance amending Article V of Chapter 2 of the Code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Committee of the City of Brookings. Public Hearing: April 28, 2015. Summary: Ordinance 15-005 will change the Committee to a Commission and expand its scope and work. Background: The Brookings Human Rights Committee was created in 1985 with the intention of becoming a Human Rights Commission at a later date. As a Committee, its role has been to promote human and civil rights for all its citizens and visitors by providing educational opportunities; studying and determining the existence, character, causes and extent of discrimination; and receiving, investigating and conciliating complaints alleging discrimination. The transition from Committee to Commission would give the community a clear message that Brookings is committed to becoming an inclusive community. The Commission designation comes with inherent powers and responsibilities that demonstrate to the public that the City takes human rights issues seriously. A Commission can bring energy and enhance the legitimacy with which the City addresses the legal and ethical issues surrounding the rights of community members. While a Committee can provide activities and support, a Commission can meaningfully aid businesses and individuals with questions, concerns and resolutions. Commissions (HRCs) serve a vital role in imparting the value of diversity, raising awareness of discrimination, educating the community about existing remedies, and providing guidance and resources to city officials. HRCs are important bridges between residents and their city. Having the ability to enforce nondiscrimination protections allow HRCs to realize these values and goals to the fullest extent. By accepting complaints and first attempting to resolve discriminatory practices through mediation, HRCs can be on the forefront of safeguarding the rights of vulnerable members of the community. At the same time, HRCs can help reduce costly litigation through the conciliation process. HRCs give residents an avenue of redress that they otherwise would not have. In this way, HRCs help ensure that nondiscrimination laws protect everyone equally in practice. Fiscal Impact: City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:ORD 15-005,Version:1 No change is anticipated to the Committee’s current budget of $4,284. Recommendation: Staff recommends approval. Attachments: Ordinance (with amendments) Ordinance (clean) City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ 1 Ordinance No. 15-005 An Ordinance Amending Article V. of Chapter 2 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Human Rights Committee of the City of Brookings. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Section 2-141. Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADA. The Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. AGE. Chronological age of any person. CITY ATTORNEY. The duly appointed attorney for the city or such person designated by the city attorney. COMMISSION. The Brookings Human Rights Commission. COMPLAINANT. A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued. DISABILITY. A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits one or more of the person’s major life functions; a record of having an impairment; or being regarded as having an impairment which: (1) For purposes of Section 2-143 (1) through (3), inclusive, is unrelated to an individual’s ability to perform the major duties of a particular job or position, or is unrelated to an individual’s qualifications for employment or promotion; (2) For purposes of Section 2-143 (4) and (8) is unrelated to an individual’s ability to acquire, rent, or maintain property; and (3) For purposes of Section 2-143 (5) and (6) is unrelated to an individual’s ability to utilize and benefit from opportunities, programs, and facilities of the accommodations and services. DISCRIMINATION. Any unlawful act or attempted unlawful act which, because of sex, race, color, creed, religion, ancestry, disability, national origin, familial status, marital status, gender identity, or sexual orientation results in the unequal treatment or separation or segregation of any person, or denies, prevents, limits or otherwise adversely affects, or if accomplished would deny, prevent, limit or otherwise adversely affect the benefit or enjoyment by any person of employment, membership in a labor union organization, ownership or occupancy of real property, a public accommodation, a 2 public service or an educational institution. Except as provided in Section 2-155(16), DISCRIMINATION is unlawful and is a violation of this chapter. EDUCATIONAL INSTITUTION. Any university, college or school operating within the city including any school, institution or organization for vocational training, but the term shall not apply to the students of, or the education provided by, any school maintained and operated by a religious corporation, or association solely for the benefit of its own membership. EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee. EMPLOYEE. Any and all persons who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise. EMPLOYER. Any person within the city who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the city, but the word EMPLOYER shall not include any person with respect to the hiring or employment of a household domestic employee, or any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment, provided the selection is not based on race, color, sex, creed, religion, ancestry, national origin or disability. EMPLOYMENT. The state of being employed as an employee by an employer. EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any agent of the person. FAMILIAL STATUS. (1)One or more individuals under the age of eighteen (18) domiciled with one of the following: A. A parent or another person having legal custody of the individual or individuals. B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (2)Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. GENDER IDENTITY or EXPRESSION. A term meaning a gender-related identity, appearance, expression or behavior of an individual regardless of the individual’s assigned sex at birth. 3 HIRE. To engage or contract for or attempt to engage or contract for the services of any person as an employee. LABOR ORGANIZATION. Any person, employee representation commission or plan in which employees participate and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general commission, joint or system board or joint council. LAWYER. A person duly authorized and licensed by the state to engage in the practice of law. MARITAL STATUS. The state of being married, single, divorced, separated or widowed. PERSON. Includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations and the state and all political subdivisions and agencies thereof. PUBLIC ACCOMMODATION. Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge. Each and every place, establishment or facility that caters or offers services, facilities or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for a fee or charge or gratuity, it shall be deemed a public accommodation during such period. PUBLIC SERVICES. The services or facilities provided within the city to the general public including those provided by any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of any political subdivision of the State, or any other public corporation, except the State. REAL ESTATE BROKER or REAL ESTATE SALESPERSON. A real estate broker and a real estate salesperson as defined by state law. REAL PROPERTY. Any right, title, interest in or to the possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of the building in the city. RESPONDENT. A person against whom a complaint alleging unlawful discrimination has been filed or issued. SEXUAL HARASSMENT. A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical 4 contacts of a sexual nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment. SEXUAL ORIENTATION. A term describing a person’s attraction to members of the same sex and/or a different sex, usually defined as lesbian, gay, bisexual, heterosexual, or asexual. Section 2-142. Declaration of Policy and Purpose. It is the public policy of the city and the purpose of this chapter: (1)That discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services, or any of them, tend to create and intensify conditions of poverty, ill health, unrest, lawlessness and vice and adversely affect the public health, safety, order, convenience and general welfare; the rights, privileges and opportunities threatened by those discriminatory practices are hereby declared to be civil rights; (2)To declare as civil rights the rights of all persons to the fullest extent of their capacities, and without regard to race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, equal opportunities with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services; (3)To prevent and prohibit, to the extent permitted by law, any and all discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services; (4)To protect all persons from unfounded charges of discriminatory practices; and (5)To effectuate this policy by means of public information and education, mediation and conciliation, and enforcement. Section 2-143. Act of Discrimination. Without limitation, the following are declared to be discrimination: (1)For an employer, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, sexual orientation, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment; 5 (2)For an employment agency, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral or any request for assistance in procurement of employees, or to accept any listing of employment on that basis; (3)For any labor organization, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his or her hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment; (4)For any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesperson, attorney, auctioneer, agent or representative by power of attorney or appointment, or to any person acting under court order, Trust, or Will, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to sell, rent, assign or otherwise transfer any real property to any other person, or to accord adverse, unlawful, or unequal treatment to any person with respect to the acquisition, occupancy, use and enjoyment of any real property. The provisions of this section do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as his or her residence. (a) For the purposes of determining discrimination based on familial status, a FAMILY is one or more individuals under the age of 18 who are domiciled with their parent, legal custodian or person granted custody with permission of the parent or custodian. This definition includes a person who is pregnant or in the process of securing custody of a person under the age of 18. Discrimination based on familial status applies to housing accommodations only. (b) The provisions of this section as they refer to familial status do not apply to residences publicized as specifically designated for older or disabled residents if: (1) A state or federal program has designated the residence for the elderly; (2) The residences are intended for and solely occupied by persons 62 years of age or older; or (3) Facilities and services for the residence are designed to meet the needs of the elderly, and at least 80% of the units are occupied or intended to be occupied by one or more persons 55 years of age or older. 6 (c) It is an unfair or discriminatory practice to design or construct for first occupancy any multi-family dwelling with more than four units for sale, rent, lease, assignment, sublease or transfer that does not enable accessibility to ground floor common areas and usability of ground floor housing units by disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas shall be usable by disabled persons and persons in wheelchairs. The accommodations may include widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this provision may be construed to require prior approval of plans for construction by the commission. (d) It is also discriminatory to refuse to permit, at the expense of the disabled person, reasonable modifications of existing property that may be necessary to afford full enjoyment of the property. The landlord may, where it is reasonable to do so, condition permission for remodification on the renter’s agreeing to restore the premises to the condition that existed prior to the modification at the conclusion of renter’s tenancy, reasonable wear and tear excepted. (5)For any person engaged in the provision of public accommodations, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of those public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of the services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which such are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair; (6)For any person engaged in the provision of public services, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use and benefit thereof, or the terms and conditions under which such are made available; (7)For any person, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, directly or indirectly, to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite or induce another person to discriminate; or by any means, trick, artifice, advertisement or sign, to use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination; or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person because of the latter’s filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter; 7 (8)For any person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof to discriminate against any person or group of persons, because of the race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying, renewing or in the rates, terms, conditions and the extension of services in connection therewith; (9)Wherever religious organizations or bodies are exempt from any of the provisions of this chapter, the exemption shall apply only to religious qualifications for employment or residence in church-owned or church-operated property, and the organizations shall not be exempt from any provisions of this chapter relating to discrimination based upon race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation; (10)Nothing contained in this chapter shall apply to any business or enterprise on or near a Native American Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation; (11)Nothing in this chapter requires the following people to modify property in any way, incur any additional expenses, or exercise a higher degree of care for persons having a disability than for a person who does not have a disability nor does this chapter relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including, but not limited to, financial obligations of the lease, agreement or contract: (a) Employer; (b) Provider of public accommodations; (c) Provider of public services; (d) Person selling, renting, or leasing real property; (e) Person acting on behalf of any of the persons listed in a-d above, with or without compensation, including but not limited to any person licensed as a real estate broker or salesperson, attorney, auctioneer, agent, or representative by power of attorney or appointment; and (f) Person acting under court order, Trust or Will. Section 2-144. Contracts with City. The city and all of its contracting agencies, departments, and units shall include in all contracts entered into or renewed or extended provisions whereby each contracting party agrees that: 8 (1)With respect to any and all business conducted or acts performed pursuant to the contract, the other contracting party shall be deemed an employer within the meaning of this chapter and shall be subject to the provisions of this subchapter; (2)If the other contracting party fails to perform the contractual provisions, the contract may forthwith be terminated and cancelled in whole or in part by the city, and the other contracting party shall be liable for any costs or expense incurred by it in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the city under the contract so terminated or cancelled; (3)Should the commission in a proceeding based on a Complaint brought as provided in this chapter find that the contracting party has engaged in discrimination in connection with any contract, the contracting party will be subject to such remedial action as the commission determines in accordance with Section 2-163 of this chapter; (4)The other contracting party will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the commission , its agencies or representatives, to ascertain compliance with the provisions of this chapter applicable to the other contracting party; and (5)This section shall be binding on all subcontractors and suppliers. Section 2-145. Responsibilities and Duties of City Employees. All officials, commissioners, agents, employees and servants of the city, elected and appointed, including civil service employees, and whether serving with or without compensation, shall observe the terms and provisions of this chapter and shall, except as expressly prohibited by law, respond promptly to any and all requests by the commission for information and for access to data and records for the purpose of enabling the commission to carry out its responsibilities under this chapter. The failure of any official, commissioner, agent, employee or servant of the city to comply with any provision of this chapter relating to any matter within the scope of his or her official duties shall be deemed a violation of this chapter. The powers of the commission shall not restrict the authority of the city manager, in accordance with the city’s charter, to perform the duties of the city manager as the personnel director of the city. II. That the following Sections of Division 2 of Article V. and pertaining to Human Rights Commission are amended to read as follows: Section 2-146. Continued. The city has established in and for the city, a human rights commission. Section 2-147. Composition. The human rights commission shall consist of ten members, nine of which shall be selected by the mayor with the advice and consent of the council, and one of which shall be selected by the board of county commissioners. In selecting members, due regard shall be given to representation of minority groups on the human rights 9 commission. One member of the human rights commission selected by the mayor shall be a student enrolled in a post-secondary educational institution. Section 2-148. Term of Office; Date of Appointment; Compensation. (1)All members of the human rights commission shall serve for terms of five years, except the student member who shall serve a one-year term. Any members whose term expires may be reappointed. (2)All members of the human rights commission shall serve without compensation. Section 2-149. Vacancies. If a vacancy on the human rights commission occurs on a date other than the first Monday of the year, then the vacancy may be filled by appointment for the remainder of the vacated term, which term shall expire on the first Monday in January. If a member is absent from three consecutive regular meetings without authorization from the human rights commission, the member's seat may be considered vacant, and a new member may be appointed. Section 2-1504. Officers. The human rights commission shall designate from among its membership a chairperson, vice-chairperson, and such other officers and subcommittees as it may deem appropriate and necessary. Section 2-1514. Meetings. The human rights commission shall meet at such times and places as may be determined by such commission. Section 2-152. Quorum. Six members of the commission shall constitute a quorum for probable cause determination pursuant to Section 2-159.Three members of the commission shall constitute a quorum for public hearing panels pursuant to Section 2-161. A majority of the voting members then holding a current appointment shall constitute a quorum for the transaction of all other business. Section 2-153. Rules, Regulations. The commission shall adopt suitable rules and regulations for the conduct of its operations and the effectuation of the purposes of this chapter. Section 2-1544. Purpose. The purpose of the Brookings Human Rights Commission (BHRC) is to improve human relations and civil rights in the Brookings area by fighting discrimination through educational efforts and a complaint resolution procedure. Except as limited by Section 2-155(16),the commission has the power to investigate complaints alleging discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, or national origin, with respect to origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. 10 Section 2-155. Substantive and Procedural Authority and Duties. The authority and duties of the Brookings Human Rights Commission shall be to: (1)Promote human and civil rights for all its citizens and visitors. (2)Promote a mutual understanding and respect among all racial, religious and nationality groups and work to discourage and prevent discriminatory practices against any such group. (3)Attempt to foster, through community effort or otherwise, goodwill, cooperation and conciliation. (4)Study and determine the existence, character, causes and extent of discrimination in employment, housing accommodations, property rights, education, public accommodations, public services in the city, and discrimination based on age, disability, marital status, familial status, ethnicity, religion, sexual orientation, gender identity and political affiliation. The study and determination of discrimination is based, in part, on a broad understanding of civil and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race, color, religion, gender and country of origin. (5)Seek to prevent and eliminate bias and discrimination because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation by means of education, persuasion, conciliation and, to the extent permitted, enforcement, and utilize all the powers at its disposal to carry into execution the provisions of this chapter. (6)Receive or, on the basis of its own information, initiate complaints, to the extent permitted, alleging discrimination and conduct those investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto. (7)Conduct public meetings and hearings, gather and disseminate information to governmental agencies and to the public. (8)Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearings and findings. (9)Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the proceedings and findings in any case in which a court of competent jurisdiction or the commission has, after hearings, found that any person has unlawfully discriminated. (10)In response to a complaint, the Commission may execute programs of compliance review designed to determine whether persons are observing the terms of this chapter; and to that end the commission shall have power to require the persons to submit periodic reports concerning hiring, compensation, 11 promotion and discharge policies and the racial, religious, national composition and such other reports pertaining to their work force which are deemed necessary. (11)Enlist the cooperation of various racial, religious and ethnic groups, community, civil, labor and business organizations, student organizations, fraternal and benevolent associations, veterans’ organizations, and other groups in educational campaigns and programs devoted to teaching the need for eliminating group tensions, prejudices, intolerance, bigotry and unlawful discrimination. (12)Cooperate with federal, state and city agencies in developing programs showing the contributions of the various groups to the culture and traditions of our city and nation, the menace of prejudice, intolerance, bigotry and unlawful discrimination and the need for mutual respect. (13)Advise the mayor, city council members, city manager and the respective departments of the city concerning matters consistent with the purposes and powers of the human rights commission. (14)Recommend ordinances and other legislation pertinent to the purposes of protection of human rights. (15)Conduct educational programs and disseminate information in furtherance of the purposes and policies of the human rights commission. (16)Hear and investigate complaints alleging discrimination regarding the City of Brookings, in accordance with the grievance procedures for ADA grievances adopted by resolution of the city. Pursuant to State law, there is presently no legal authority to investigate complaints alleging discrimination because of marital status, gender identity or sexual orientation. Accordingly, until State law authorizes municipalities, pursuant to SDCL 20-12-4, to investigate discriminatory practices based on marital status, gender identity or sexual orientation, these discriminating practices cannot be investigated or enforced by the Human Rights Commission. Section 2-156. Filing Complaint. (1)Any person claiming to be aggrieved by a discriminatory practice may file with the commission a verified written complaint which shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the complainant. Except as limited by Section 2- 155(16), whenever the commission has information indicating that any person has been discriminated, it may issue and file a verified complaint. (2)The city may, however, dismiss a complaint if the complainant fails to state a claim upon which relief can be granted, or if the city determines the complaint has been abandoned or withdrawn if the city determines the city is not authorized by State Law to enforce compliance. 12 Section 2-157. Time for filing Complaint. Any complaint filed under this Chapter shall be filed within one hundred eighty (180) days after the last occurrence of an alleged discriminatory or unfair practice. Section 2-158. Service of Respondent and Answer. Promptly upon the filing of any complaint, the commission shall serve a copy thereof, by personal service or registered or certified mail, upon the respondent. Respondent shall file a written answer thereto within ten calendar days after receipt thereof or within any period of extension granted by the representative of the city as designated by the commission. Section 2-159. Determination of Probable Cause. (1)The commission shall proceed to make the investigation as it may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. If there is no probable cause to believe that the allegations of discrimination are well founded, the commission shall dismiss the complaint. If, after investigation, it is found that there is probable cause to believe that the allegations of discrimination are well founded, the commission shall transmit the finding of probable cause, along with the reasons for the finding and a recitation of the evidence and names of witnesses that support the finding, to both complainant and respondent. Both complainant and respondent shall be permitted to inspect any documents not prepared by the commission in the files of the commission that are relevant to the determination of probable cause. If there is probable cause to believe that the allegations of discrimination are well founded, and the matter has not been satisfactorily resolved, the parties shall be served notice of the time and place of a conciliation conference by personal service or registered or certified mail at least five business days prior thereto. (2)No later than 20 days after notice of the finding of probable cause and prior to hearing, the complaining party or the respondent may elect to have the claims asserted in the complaint decided in a circuit court in lieu of a hearing before the commission. Parties shall be notified of their right to this election in the notice of the finding of probable cause. Upon receipt of notice of election, the commission shall have no further jurisdiction over the parties concerning the charge filed. Section 2-160. Conciliation. The conciliation conference shall be conducted by a representative of the city, who shall attempt to achieve a just resolution and obtain assurances that the respondent will eliminate unfair or discriminatory practices and take appropriate affirmative action. The settlement terms shall be set forth in a conciliation agreement which shall be signed by the complainant, respondent and the commission chairperson. Section 2-161. Public Hearing. (1)If the matter before the commission cannot be resolved by the conciliation conference panel, the matter shall be set for public hearing. The parties shall be served notice of the time and place of a public hearing by personal service or 13 registered or certified mail at least ten days prior thereto. The notice shall include a statement informing the parties of their right to transfer the matter to the circuit court. The public hearing shall be conducted by a public hearing panel which shall be composed of three commissioners, none of whom shall have been involved in the investigation, determination of probable cause or conciliation. (2)The public hearing panel shall have authority to conduct prehearing conferences, to subpoena witnesses to appear, testify and produce records, books, papers and other documents, to administer oaths, to take testimony, to receive evidence, to examine and cross examine witnesses and issue orders authorized by this chapter. (3)Both complainant and respondent shall appear in person at the hearing and may be represented by counsel. Both may, in accordance with the order of procedures as may be determined by the public hearing panel, present evidence, call witnesses and present arguments bearing upon the facts alleged in the complaint. (4)All witnesses, including complainant and respondent, may be examined and cross examined. The hearing may consist of a bifurcated proceeding without direct and cross examination if the commission deems it appropriate in the circumstances. The conduct of the hearing will be within the sole discretion of the commission. The public hearing panel shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based upon competent evidence. Each witness at the hearing shall testify under oath. A stenographic record shall be made of the proceedings or an electronic device may be used. In a judicial review, the commission may, upon request, furnish the complainant and respondent each with a copy of the transcript or recording of the hearing without charge. Section 2-162. Dismissal of Complaint. (1)If the commission determines that allegations of discrimination are not well founded, that the unlawful act or practice complained of has been satisfactorily eliminated and that further proceedings are unnecessary, or the allegations complained of are being processed or have been addressed, to the satisfaction of the commission by another agency or court, it may order the dismissal of the complaint. It shall within five days of the determination serve notice of the order upon the complainant and respondent by personal service or registered or certified mail. Section 2-163. Finding of Discrimination. If, upon taking into consideration all the evidence at a hearing, the commission finds that a respondent has engaged in, or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and shall issue and cause to be served upon such respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice. The commission may also take and direct the affirmative action as in the judgment of the commission will effectuate its purposes. This affirmative action includes the following: 14 requiring the respondent to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay; the referring of applicants for employment by any respondent employment agency; the admittance or restoration to membership by any respondent labor organization; the admission to or continuation in enrollment in an apprenticeship program or on-the-job training program; the posting of notices; the making of reports as to the manner of compliance; compensation incidental to the violation (other than pain and suffering, punitive, or consequential damages); costs allowable under SDCL Chapter 16-17; any other appropriate relief; and reasonable attorneys’ fees for housing matters, as in the judgment of the commission effectuates the purposes of this chapter. Section 2-164. Depositions and Discovery. The commission, through the city attorney’s office, shall have power to cause the deposition of witnesses to be taken or other discovery procedure to be conducted upon notice to the interested person in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in court in any manner concerning contested cases. Section 2-165. Prosecution of Violation. (1)If a respondent fails to comply with a conciliation agreement or fails to obey an order issued by the commission, the commission may request the city attorney to prosecute the respondent in a court of competent jurisdiction for violation of the terms of this chapter. The failure of a person to obey a subpoena issued pursuant to this chapter may be punished as contempt of court. The commission shall render to the city attorney assistance as requested in connection with any prosecution. (2)The commission or a party may obtain an order of the court for the enforcement of the provisions of this chapter. Section 2-166. Rights of Parties to seek Judicial Determination. Nothing contained in this ordinance shall be construed to limit the right of the complainant to make and file a complaint, nor to preclude, abridge or restrict the right of appeal or the right of anyone concerned or affected to a review of the facts and issues in a court of competent jurisdiction on the evidence and merits in any matter involved. Section 2-167. Application to Other Disabilities. The commission, to the extent permitted by law, is authorized to apply any portion of this chapter which it may deem applicable to deal with discriminatory actions and practices against individuals or groups disadvantaged by reason of physical, mental or social handicap and not otherwise within the purview of this chapter. Section 2-168. Time Limit for filing Complaint. Any complaint filed under this chapter shall be filed within One Hundred Eighty (180) days after the alleged discriminatory or unfair practice occurred. III. 15 This Ordinance is effective on July 1, 2015. IV. Any or all ordinances in conflict herewith are hereby repealed. First Reading:March 24, 2015 Second Reading: Published: CITY OF BROOKINGS, SD ATTEST:Tim Reed, Mayor Shari Thornes, City Clerk 1 Ordinance No. 15-005 An Ordinance Amending Article V. of Chapter 2 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Human Rights Committee of the City of Brookings Committees. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Section 2-141. Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADA. The Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. AGE. Chronological age of any person. CITY ATTORNEY. The duly appointed attorney for the city or such person designated by the city attorney. COMMISSION. The Brookings Human Rights Commission. COMPLAINANT. A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued. DISABILITY. A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits one or more of the person’s major life functions; a record of having an impairment; or being regarded as having an impairment which: (1) For purposes of Section 2-143 (1) through (3), inclusive, is unrelated to an individual’s ability to perform the major duties of a particular job or position, or is unrelated to an individual’s qualifications for employment or promotion; (2) For purposes of Section 2-143 (4) and (8) is unrelated to an individual’s ability to acquire, rent, or maintain property; and (3) For purposes of Section 2-143 (5) and (6) is unrelated to an individual’s ability to utilize and benefit from opportunities, programs, and facilities of the accommodations and services. DISCRIMINATION. Any unlawful act or attempted unlawful act which, because of sex, race, color, creed, religion, ancestry, disability, national origin, familial status, marital status, gender identity, or sexual orientation results in the unequal treatment or separation or segregation of any person, or denies, prevents, limits or otherwise adversely affects, or if accomplished would deny, prevent, limit or otherwise adversely affect the benefit or enjoyment by any person of employment, membership in a labor union organization, ownership or occupancy of real property, a public accommodation, a 2 public service or an educational institution. Except as provided in Section 2-155(16), DISCRIMINATION is unlawful and is a violation of this chapter. EDUCATIONAL INSTITUTION. Any university, college or school operating within the city including any school, institution or organization for vocational training, but the term shall not apply to the students of, or the education provided by, any school maintained and operated by a religious corporation, or association solely for the benefit of its own membership. EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee. EMPLOYEE. Any and all persons who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise. EMPLOYER. Any person within the city who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the city, but the word EMPLOYER shall not include any person with respect to the hiring or employment of a household domestic employee, or any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment, provided the selection is not based on race, color, sex, creed, religion, ancestry, national origin or disability. EMPLOYMENT. The state of being employed as an employee by an employer. EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any agent of the person. FAMILIAL STATUS. (1)One or more individuals under the age of eighteen (18) domiciled with one of the following: A. A parent or another person having legal custody of the individual or individuals. B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (2)Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. GENDER IDENTITY or EXPRESSION. A term meaning a gender-related identity, appearance, expression or behavior of an individual regardless of the individual’s assigned sex at birth. 3 HIRE. To engage or contract for or attempt to engage or contract for the services of any person as an employee. LABOR ORGANIZATION. Any person, employee representation commission or plan in which employees participate and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general commission, joint or system board or joint council. LAWYER. A person duly authorized and licensed by the state to engage in the practice of law. MARITAL STATUS. The state of being married, single, divorced, separated or widowed. PERSON. Includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations and the state and all political subdivisions and agencies thereof. PUBLIC ACCOMMODATION. Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge. Each and every place, establishment or facility that caters or offers services, facilities or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for a fee or charge or gratuity, it shall be deemed a public accommodation during such period. PUBLIC SERVICES. The services or facilities provided within the city to the general public including those provided by any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of any political subdivision of the State, or any other public corporation, except the State. REAL ESTATE BROKER or REAL ESTATE SALESPERSON. A real estate broker and a real estate salesperson as defined by state law. REAL PROPERTY. Any right, title, interest in or to the possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of the building in the city. RESPONDENT. A person against whom a complaint alleging unlawful discrimination has been filed or issued. SEXUAL HARASSMENT. A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical 4 contacts of a sexual nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment. SEXUAL ORIENTATION. A term describing a person’s attraction to members of the same sex and/or a different sex, usually defined as lesbian, gay, bisexual, heterosexual, or asexual. Section 2-142. Declaration of Policy and Purpose. It is the public policy of the city and the purpose of this chapter: (1)That discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services, or any of them, tend to create and intensify conditions of poverty, ill health, unrest, lawlessness and vice and adversely affect the public health, safety, order, convenience and general welfare; the rights, privileges and opportunities threatened by those discriminatory practices are hereby declared to be civil rights; (2)To declare as civil rights the rights of all persons to the fullest extent of their capacities, and without regard to race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, equal opportunities with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services; (3)To prevent and prohibit, to the extent permitted by law, any and all discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services; (4)To protect all persons from unfounded charges of discriminatory practices; and (5)To effectuate this policy by means of public information and education, mediation and conciliation, and enforcement. Section 2-143. Act of Discrimination. Without limitation, the following are declared to be discrimination: (1)For an employer, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, sexual orientation, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment; 5 (2)For an employment agency, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral or any request for assistance in procurement of employees, or to accept any listing of employment on that basis; (3)For any labor organization, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his or her hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment; (4)For any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesperson, attorney, auctioneer, agent or representative by power of attorney or appointment, or to any person acting under court order, Trust, or Will, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to sell, rent, assign or otherwise transfer any real property to any other person, or to accord adverse, unlawful, or unequal treatment to any person with respect to the acquisition, occupancy, use and enjoyment of any real property. The provisions of this section do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as his or her residence. (a) For the purposes of determining discrimination based on familial status, a FAMILY is one or more individuals under the age of 18 who are domiciled with their parent, legal custodian or person granted custody with permission of the parent or custodian. This definition includes a person who is pregnant or in the process of securing custody of a person under the age of 18. Discrimination based on familial status applies to housing accommodations only. (b) The provisions of this section as they refer to familial status do not apply to residences publicized as specifically designated for older or disabled residents if: (1) A state or federal program has designated the residence for the elderly; (2) The residences are intended for and solely occupied by persons 62 years of age or older; or (3) Facilities and services for the residence are designed to meet the needs of the elderly, and at least 80% of the units are occupied or intended to be occupied by one or more persons 55 years of age or older. 6 (c) It is an unfair or discriminatory practice to design or construct for first occupancy any multi-family dwelling with more than four units for sale, rent, lease, assignment, sublease or transfer that does not enable accessibility to ground floor common areas and usability of ground floor housing units by disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas shall be usable by disabled persons and persons in wheelchairs. The accommodations may include widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this provision may be construed to require prior approval of plans for construction by the commission. (d) It is also discriminatory to refuse to permit, at the expense of the disabled person, reasonable modifications of existing property that may be necessary to afford full enjoyment of the property. The landlord may, where it is reasonable to do so, condition permission for remodification on the renter’s agreeing to restore the premises to the condition that existed prior to the modification at the conclusion of renter’s tenancy, reasonable wear and tear excepted. (5)For any person engaged in the provision of public accommodations, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of those public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of the services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which such are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair; (6)For any person engaged in the provision of public services, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use and benefit thereof, or the terms and conditions under which such are made available; (7)For any person, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, directly or indirectly, to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite or induce another person to discriminate; or by any means, trick, artifice, advertisement or sign, to use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination; or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person because of the latter’s filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter; 7 (8)For any person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof to discriminate against any person or group of persons, because of the race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying, renewing or in the rates, terms, conditions and the extension of services in connection therewith; (9)Wherever religious organizations or bodies are exempt from any of the provisions of this chapter, the exemption shall apply only to religious qualifications for employment or residence in church-owned or church-operated property, and the organizations shall not be exempt from any provisions of this chapter relating to discrimination based upon race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation; (10)Nothing contained in this chapter shall apply to any business or enterprise on or near a Native American Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation; (11)Nothing in this chapter requires the following people to modify property in any way, incur any additional expenses, or exercise a higher degree of care for persons having a disability than for a person who does not have a disability nor does this chapter relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including, but not limited to, financial obligations of the lease, agreement or contract: (a) Employer; (b) Provider of public accommodations; (c) Provider of public services; (d) Person selling, renting, or leasing real property; (e) Person acting on behalf of any of the persons listed in a-d above, with or without compensation, including but not limited to any person licensed as a real estate broker or salesperson, attorney, auctioneer, agent, or representative by power of attorney or appointment; and (f) Person acting under court order, Trust or Will. Section 2-144. Contracts with City. The city and all of its contracting agencies, departments, and units shall include in all contracts entered into or renewed or extended provisions whereby each contracting party agrees that: 8 (1)With respect to any and all business conducted or acts performed pursuant to the contract, the other contracting party shall be deemed an employer within the meaning of this chapter and shall be subject to the provisions of this subchapter; (2)If the other contracting party fails to perform the contractual provisions, the contract may forthwith be terminated and cancelled in whole or in part by the city, and the other contracting party shall be liable for any costs or expense incurred by it in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the city under the contract so terminated or cancelled; (3)Should the commission in a proceeding based on a Complaint brought as provided in this chapter find that the contracting party has engaged in discrimination in connection with any contract, the contracting party will be subject to such remedial action as the commission determines in accordance with Section 2-163 of this chapter; (4)The other contracting party will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the commission , its agencies or representatives, to ascertain compliance with the provisions of this chapter applicable to the other contracting party; and (5)This section shall be binding on all subcontractors and suppliers. Section 2-145. Responsibilities and Duties of City Employees. All officials, commissioners, agents, employees and servants of the city, elected and appointed, including civil service employees, and whether serving with or without compensation, shall observe the terms and provisions of this chapter and shall, except as expressly prohibited by law, respond promptly to any and all requests by the commission for information and for access to data and records for the purpose of enabling the commission to carry out its responsibilities under this chapter. The failure of any official, commissioner, agent, employee or servant of the city to comply with any provision of this chapter relating to any matter within the scope of his or her official duties shall be deemed a violation of this chapter. The powers of the commission shall not restrict the authority of the city manager, in accordance with the city’s charter, to perform the duties of the city manager as the personnel director of the city. II. That the following Sections of Division 2 of Article V. and pertaining to Human Rights Committee Commission are amended to read as follows: Sec. Section 2-1461. Continued. The city has established in and for the city, a human rights committee commission. Sec. Section 2-1472. Composition. The human rights committee commission shall consist of ten members, nine of which shall be selected by the mayor with the advice and consent of the council, and one of which shall be selected by the board of county commissioners. In selecting members, due regard shall be given to representation of minority groups on the human rights committee commission. One member of the human rights committee commission 9 selected by the mayor shall be a student enrolled in a post-secondary educational institution. Sec. Section 2-1483. Term of Ooffice; Ddate of Aappointment; Ccompensation. (1)(a) All members of the human rights committee commission shall serve for terms of three five years, except the student member who shall serve a one-year term. Any members whose term expires may be reappointed. (2)(b) All members of the human rights committee commission shall serve without compensation. Sec. Section 2-1494. Vacancies. If a vacancy on the human rights committee commission occurs on a date other than the first Monday of the year, then the vacancy may be filled by appointment for a term not exceeding three years for the remainder of the vacated term, which term shall expire on the first Monday in January. If a member is absent from three consecutive regular meetings without authorization from the human rights commission, the member's seat may be considered vacant, and a new member may be appointed. Sec. Section 2-15045.Officers. The human rights committee commission shall designate from among its membership a chairperson, vice-chairperson, and such other officers and subcommittees as it may deem appropriate and necessary. Sec. Section 2-15146. Meetings. The human rights committee commission shall meet at such times and places as may be determined by such committee commission. Section 2-152. Quorum. Six members of the commission shall constitute a quorum for probable cause determination pursuant to Section 2-159.Three members of the commission shall constitute a quorum for public hearing panels pursuant to Section 2-161. A majority of the voting members then holding a current appointment shall constitute a quorum for the transaction of all other business. Section 2-153. Rules, Regulations. The commission shall adopt suitable rules and regulations for the conduct of its operations and the effectuation of the purposes of this chapter. Sec. Section 2-15447. Purpose. The purpose of the Brookings Human Rights Committee Commission (BHRC) is to improve human relations and civil rights in the Brookings area by fighting discrimination through educational efforts and a complaint resolution procedure. The Except as limited by Section 2- 155(1516),the committee commission has the power to investigate complaints alleging discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, or national origin, with respect to origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. 10 Sec. Section 2-15548.Powers generally. Substantive and Procedural Authority and Duties. The powers authority and duties of the Brookings Human Rights Committee Commission shall be to: (1)Promote human and civil rights for all its citizens and visitors. (2)Promote a mutual understanding and respect among all racial, religious and nationality groups and work to discourage and prevent discriminatory practices against any such group. (3)Attempt to foster, through community effort or otherwise, goodwill, cooperation and conciliation. (4)Study and determine the existence, character, causes and extent of discrimination in employment, housing accommodations, property rights, education, public accommodations, public services in the city, and discrimination based on age, disability, marital status, familial status, ethnicity, religion, sexual orientation, gender identity and political affiliation. The study and determination of discrimination is based, in part, on a broad understanding of civil and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race, color, religion, gender and country of origin. (5)Seek to prevent and eliminate bias and discrimination because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation by means of education, persuasion, conciliation and, to the extent permitted, enforcement, and utilize all the powers at its disposal to carry into execution the provisions of this chapter. (6)Receive or, on the basis of its own information, initiate complaints, to the extent permitted, alleging discrimination and conduct those investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto. (7)Conduct public meetings and hearings, gather and disseminate information to governmental agencies and to the public. (8)Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearings and findings. (9)Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the proceedings and findings in any case in which a court of competent jurisdiction or the commission has, after hearings, found that any person has unlawfully discriminated. 11 (10)In response to a complaint, the Commission may execute programs of compliance review designed to determine whether persons are observing the terms of this chapter; and to that end the commission shall have power to require the persons to submit periodic reports concerning hiring, compensation, promotion and discharge policies and the racial, religious, national composition and such other reports pertaining to their work force which are deemed necessary. (5)Advise and provide a forum for those who have been subjected to unfair and discriminatory practices in the city. (6)To receive, investigate and conciliate complaints alleging discrimination and where probable cause for discrimination is found to exist, refer the complaint to the appropriate governmental agency. The human rights committee shall develop rules of procedure subject o approval of the city council. (11)(7) Enlist the cooperation of various racial, religious and ethnic groups, community, civil, labor and business organizations, student organizations, fraternal and benevolent associations, veterans’ organizations, and other groups in educational campaigns and programs devoted to teaching the need for eliminating group tensions, prejudices, intolerance, bigotry and unlawful discrimination. (12)(8) Cooperate with federal, state and city agencies in developing programs showing the contributions of the various groups to the culture and traditions of our city and nation, the menace of prejudice, intolerance, bigotry and unlawful discrimination and the need for mutual respect. (13)(9) Advise the mayor, city council members, city manager and the respective departments of the city concerning matters consistent with the purposes and powers of the human rights committee commission. (14)(10) Recommend ordinances and other legislation pertinent to the purposes of protection of human rights. (15)(11) Conduct educational programs and disseminate information in furtherance of the purposes and policies of the human rights committee commission. (16)(12)Hear and investigate complaints alleging discrimination regarding the City of Brookings, in accordance with the grievance procedures for ADA grievances adopted by resolution of the city. Pursuant to State law, there is presently no legal authority to investigate complaints alleging discrimination because of marital status, gender identity or sexual orientation. Accordingly, until State law authorizes municipalities, pursuant to SDCL 20-12-4, to investigate discriminatory practices based on marital status, gender identity or sexual orientation, these discriminating practices cannot be investigated or enforced by the Human Rights Commission. Section 2-156. Filing Complaint. 12 (1)Any person claiming to be aggrieved by a discriminatory practice may file with the commission a verified written complaint which shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the complainant. Except as limited by Section 2- 155(16), whenever the commission has information indicating that any person has been discriminated, it may issue and file a verified complaint. (2)The city may, however, dismiss a complaint if the complainant fails to state a claim upon which relief can be granted, or if the city determines the complaint has been abandoned or withdrawn if the city determines the city is not authorized by State Law to enforce compliance. Section 2-157. Time for filing Complaint. Any complaint filed under this Chapter shall be filed within one hundred eighty (180) days after the last occurrence of an alleged discriminatory or unfair practice. Section 2-158. Service of Respondent and Answer. Promptly upon the filing of any complaint, the commission shall serve a copy thereof, by personal service or registered or certified mail, upon the respondent. Respondent shall file a written answer thereto within ten calendar days after receipt thereof or within any period of extension granted by the representative of the city as designated by the commission. Section 2-159. Determination of Probable Cause. (1)The commission shall proceed to make the investigation as it may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. If there is no probable cause to believe that the allegations of discrimination are well founded, the commission shall dismiss the complaint. If, after investigation, it is found that there is probable cause to believe that the allegations of discrimination are well founded, the commission shall transmit the finding of probable cause, along with the reasons for the finding and a recitation of the evidence and names of witnesses that support the finding, to both complainant and respondent. Both complainant and respondent shall be permitted to inspect any documents not prepared by the commission in the files of the commission that are relevant to the determination of probable cause. If there is probable cause to believe that the allegations of discrimination are well founded, and the matter has not been satisfactorily resolved, the parties shall be served notice of the time and place of a conciliation conference by personal service or registered or certified mail at least five business days prior thereto. (2)No later than 20 days after notice of the finding of probable cause and prior to hearing, the complaining party or the respondent may elect to have the claims asserted in the complaint decided in a circuit court in lieu of a hearing before the commission. Parties shall be notified of their right to this election in the notice of the finding of probable cause. Upon receipt of notice of election, the commission shall have no further jurisdiction over the parties concerning the charge filed. 13 Section 2-160. Conciliation. The conciliation conference shall be conducted by a representative of the city, who shall attempt to achieve a just resolution and obtain assurances that the respondent will eliminate unfair or discriminatory practices and take appropriate affirmative action. The settlement terms shall be set forth in a conciliation agreement which shall be signed by the complainant, respondent and the commission chairperson. Section 2-161. Public Hearing. (1)If the matter before the commission cannot be resolved by the conciliation conference panel, the matter shall be set for public hearing. The parties shall be served notice of the time and place of a public hearing by personal service or registered or certified mail at least ten days prior thereto. The notice shall include a statement informing the parties of their right to transfer the matter to the circuit court. The public hearing shall be conducted by a public hearing panel which shall be composed of three commissioners, none of whom shall have been involved in the investigation, determination of probable cause or conciliation. (2)The public hearing panel shall have authority to conduct prehearing conferences, to subpoena witnesses to appear, testify and produce records, books, papers and other documents, to administer oaths, to take testimony, to receive evidence, to examine and cross examine witnesses and issue orders authorized by this chapter. (3)Both complainant and respondent shall appear in person at the hearing and may be represented by counsel. Both may, in accordance with the order of procedures as may be determined by the public hearing panel, present evidence, call witnesses and present arguments bearing upon the facts alleged in the complaint. (4)All witnesses, including complainant and respondent, may be examined and cross examined. The hearing may consist of a bifurcated proceeding without direct and cross examination if the commission deems it appropriate in the circumstances. The conduct of the hearing will be within the sole discretion of the commission. The public hearing panel shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based upon competent evidence. Each witness at the hearing shall testify under oath. A stenographic record shall be made of the proceedings or an electronic device may be used. In a judicial review, the commission may, upon request, furnish the complainant and respondent each with a copy of the transcript or recording of the hearing without charge. Section 2-162. Dismissal of Complaint. (1)If the commission determines that allegations of discrimination are not well founded, that the unlawful act or practice complained of has been satisfactorily eliminated and that further proceedings are unnecessary, or the allegations complained of are being processed or have been addressed, to the satisfaction of the commission by another agency or court, it may order the dismissal of the complaint. It shall within five days of the determination serve notice of the order 14 upon the complainant and respondent by personal service or registered or certified mail. Section 2-163. Finding of Discrimination. If, upon taking into consideration all the evidence at a hearing, the commission finds that a respondent has engaged in, or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and shall issue and cause to be served upon such respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice. The commission may also take and direct the affirmative action as in the judgment of the commission will effectuate its purposes. This affirmative action includes the following: requiring the respondent to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay; the referring of applicants for employment by any respondent employment agency; the admittance or restoration to membership by any respondent labor organization; the admission to or continuation in enrollment in an apprenticeship program or on-the-job training program; the posting of notices; the making of reports as to the manner of compliance; compensation incidental to the violation (other than pain and suffering, punitive, or consequential damages); costs allowable under SDCL Chapter 16-17; any other appropriate relief; and reasonable attorneys’ fees for housing matters, as in the judgment of the commission effectuates the purposes of this chapter. Section 2-164. Depositions and Discovery. The commission, through the city attorney’s office, shall have power to cause the deposition of witnesses to be taken or other discovery procedure to be conducted upon notice to the interested person in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in court in any manner concerning contested cases. Section 2-165. Prosecution of Violation. (1)If a respondent fails to comply with a conciliation agreement or fails to obey an order issued by the commission, the commission may request the city attorney to prosecute the respondent in a court of competent jurisdiction for violation of the terms of this chapter. The failure of a person to obey a subpoena issued pursuant to this chapter may be punished as contempt of court. The commission shall render to the city attorney assistance as requested in connection with any prosecution. (2)The commission or a party may obtain an order of the court for the enforcement of the provisions of this chapter. Section 2-166. Rights of Parties to seek Judicial Determination. Nothing contained in this ordinance shall be construed to limit the right of the complainant to make and file a complaint, nor to preclude, abridge or restrict the right of appeal or the right of anyone concerned or affected to a review of the facts and issues in a court of competent jurisdiction on the evidence and merits in any matter involved. Section 2-167. Application to Other Disabilities. 15 The commission, to the extent permitted by law, is authorized to apply any portion of this chapter which it may deem applicable to deal with discriminatory actions and practices against individuals or groups disadvantaged by reason of physical, mental or social handicap and not otherwise within the purview of this chapter. Section 2-168. Time Limit for filing Complaint. Any complaint filed under this chapter shall be filed within One Hundred Eighty (180) days after the alleged discriminatory or unfair practice occurred. III. This Ordinance is effective on July 1, 2015. IV. Any or all ordinances in conflict herewith are hereby repealed. First Reading:March 24, 2015 Second Reading: Published: CITY OF BROOKINGS, SD ATTEST:Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 15-002,Version:1 First Reading and Introduction on Ordinance 15-002, an Ordinance Amending Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Unit Standards. Public Hearing: April 28, 2015. Summary: The proposed ordinance amendment would eliminate a provision allowing dwelling units existing on January 1, 1980 the option of installing a battery operated smoke detector. Background: The enclosed ordinance pertaining to licensing of rental dwelling units is an amendment to Article VI of Chapter 22 of the Municipal Ordinances. A copy of the ordinance with changes highlighted is provided below for comparison of the existing ordinance versus proposed. Sec. 22-432. - Smoke detector. Each dwelling unit must contain a properly installed and maintained smoke detector. One smoke detector is required in each room used for sleeping purposes in addition to one smoke detector on each floor.Dwelling units existing on January 1, 1980, may install battery-operated smoke detectors. A change in the Building Code required smoke detectors in new construction to be hard-wired. An exception was drafted to the language to allow dwelling units existing as of January 1, 1980 to have the option of installing a battery operated smoke detector or a hard-wired smoke detector. At issue is the definition of a dwelling unit, as defined by Section 22-371 Definitions, and contained below: Dwelling unit means one or more rooms in a dwelling which are arranged, designed, used or intended for use as living quarters for one family or in the case of an apartment, fraternity, sorority or boardinghouse, by one or more people. A dwelling unit functions independently from all other dwelling units within a building. A dwelling unit includes all of the following: (1)A living room; (2)A sleeping area; (3)A separate eating area containing a kitchen sink with hot and cold running water and operational cooking and refrigeration appliances connected to a power source; and (4)A separate bathroom containing a water closet, lavatory and bathtub or shower. If all four components of a dwelling unit did not exist prior to January 1, 1980, then any conversion to a dwelling unit would require hard-wiring of the smoke detectors, regardless of the year the dwelling was constructed. Furthermore, during the 2013 Ordinance Recodification, the ordinance was amended to require one smoke detector per sleeping room in addition to the previous language of one smoke detector per floor. This ordinance change is causing issues as the technicality of the ordinance requires hardwiring of the smoke detectors after a certain date, regardless if the dwelling unit is fully finished. The intent of adding the smoke detectors in each sleeping room was to improve life/safety requirements and staff feels that can be obtained whether the smoke detectors are hard City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:ORD 15-002,Version:1 wired or battery operated. Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Ordinance 15-002 An Ordinance Amending Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Unit Standards. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: ARTICLE VI. RENTAL DWELLING UNITS Sec. 22-432. Smoke detector. Each dwelling unit must contain a properly installed and maintained smoke detector. One smoke detector is required in each room used for sleeping purposes in addition to one smoke detector on each floor. Any or all ordinances in conflict herewith are hereby repealed. First Reading:March 24, 2015 Second Reading and Adoption: Published: CITY OF BROOKINGS ATTEST:Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0142,Version:1 Public Hearing and Action on a temporary liquor application for Ray’s Corner for a wedding reception at the National Guard Armory on May 16, 2015. Summary: Ray’s Corner has applied for a temporary liquor license for a wedding reception to be held at the National Guard Armory, 300 5th St. So., on May 16, 2015. Pursuant to changes in state law, all temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, March 24, 2015, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary liquor license to operate within the City of Brookings, South Dakota for Ray’s Corner to host an event at 300 5th Street South (National Guard Armory) on May 16, 2015. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 16 th day of March, 2015. Shari Thornes, City Clerk Published time(s) at an approximate cost: $. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-023,Version:1 Public Hearing and Action on Resolution 15-023, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor License for Midwest Fresh Concepts, LLC, DBA “CRAFT”, Jesse Lee, owner, 610 Medary Ave, Brookings, SD, legal description: Lots 3-4-5, Randi Peterson Addition. Summary: The City of Brookings has received an application to transfer the On-Sale Liquor License from BraVo’s, Inc., Kip & Michelle Pharis, owners, to Midwest Fresh Concepts, LLC, DBA “CRAFT”, Jesse Lee, owner, 610 Medary Ave., Brookings, SD, legal description:Lots 3-4-5, Randi Peterson Addition. An operating agreement is required for Liquor Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement effective through 2020. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective until December 31, 2015 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Listed below is specific information related to on-sale alcohol license request and other procedures that are following with an application. City Ordinances: Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated:on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:RES 15-023,Version:1 its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Fiscal Impact: None. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement Legal Notice City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Resolution No. 15-023 Midwest Fresh Concepts, LLC, DBA “CRAFT” On-Sale Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Midwest Fresh Concepts, LLC, DBA “CRAFT,” for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 610 Medary Ave. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk LIQUOR OPERATING AGREEMENT Midwest Fresh Concepts, LLC, DBA “CRAFT” THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Jesse Lee, owner, Midwest Fresh Concepts, LLC, DBA “CRAFT,” hereinafter referred to as “Manager.” WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State Laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lots 3-4-5, Randi Peterson Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 24th day of March, 2015. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: NOTICE OF PUBLIC HEARING On-Sale Liquor License – Midwest Fresh Concepts, LLC, DBA “CRAFT” NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on March 24, 2015, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Sale Liquor License from BraVo’s, Inc., Kip & Michelle Pharis, owners, to Midwest Fresh Concepts, LLC, DBA “CRAFT”, Jesse Lee, owner, 610 Medary Ave., Brookings, South Dakota, legal description: Lots 3-4-5, Randi Peterson Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 9th day of March, 2015. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-025,Version:1 Public Hearing and Action on Resolution 15-025, a Resolution of Intent to lease to Northern Plains Power Technologies the following described property in the R & T Center, 807 32nd Ave., Brookings, SD. Summary: The City is proposing to lease space in the Research and Technology Center located at 807 32nd Avenue to Northern Plains Power Technologies. Northern Plains Power Technologies has been leasing space for three years and would like to continue the lease. Background: Northern Plains Power Technologies is currently leasing 2,066 square feet of office and lab space. The lease will be for one (1) year term with the option to renew for two additional one year terms. Enclosed is a copy of the proposed lease agreement with the terms and conditions customarily provided to start-up businesses and research activities located at the Research and Technology Center. The lease rates would continue on the graduated formula in which the first year would start at $9.00 per square foot. The Notice of Public Hearing was advertised one time ten days prior to the hearing. This resolution will allow the City to enter into a lease agreement with Northern Plains Power Technologies for a period of one (1) year at the City-owned Research and Technology Center with the option for two additional years. The following statutes provide guidance for municipalities leasing property. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 9-12-5.2. Powers - Lease to private person - Resolution - Notice -Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. A notice of public hearing was published once, ten days prior to the public hearing. Fiscal Impact: Approval of the lease will provide $18,594 in revenue the first year, $19,627 the second, and $20,660 the third for a total revenue of $58,881 over a three year period. City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:RES 15-025,Version:1 Recommendation: Staff recommends approval. Attachments: Lease Agreement Notice of Public Hearing Map City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Resolution 15-025 Resolution of Intent to Lease Real Property to Northern Plains Power Technologies Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of Brookings intends to enter into a lease agreement with Northern Plains Power Technologies, for a period of one year and automatically renewable on an annual basis thereafter and pertaining to the following described property: Research & Technology Center – 807 32 nd Avenue, Unit 2 Be It Further Noted, that a Public Hearing on this Resolution was held on March 24, 2015 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this the 24th day of March, 2015. CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk LEASE AGREEMENT _________________ THIS LEASE AGREEMENT is made and entered into by and between the City of Brookings, South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Northern Plains Power Technologies, hereinafter referred to as "Tenant". WHEREAS, City owns the Brookings Area Research and Technology Center, located at 807 – 32 nd Avenue, in Brookings, South Dakota, and desires to lease a portion of said facilities to Tenant, and WHEREAS, the above-named Tenant has expressed a desire to lease a portion of said facilities hereinafter described in accordance with the terms and conditions set forth herein, now therefore, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. Lease Agreement The City does hereby lease unto Tenant and Tenant does hereby agree to lease and take from City, that space located in the Brookings Area Research and Technology Center, which is located at 807 – 32 nd Avenue, Brookings, South Dakota, marked as Unit 2 on the attached Exhibit “A”, and containing approximately 2,066 square feet, hereinafter referred to as “Unit 2”. 2. Term/Option to Renew Tenant shall hold the above leased Unit 2 commencing April 1, 2015, and ending at 5:00 p.m. on March 31, 2016. Tenant shall have the option to renew this Lease for two (2) additional terms of one (1) year each. Such renewal shall be upon the same terms and conditions as the initial term except that the rent shall be adjusted as provided in Section Four (4), below. Tenant’s option to renew shall conclusively be deemed to have been exercised without prior notice unless Tenant provides written notice of Tenant’s intent not to renew to City no later than ninety (90) days prior to expiration of the then current lease term. 3. Use of Premises The above leased premises shall be used by Tenant in connection with its research and development pertaining to that business for the following purpose and no others without the prior written consent of City: Engineering consulting services and computer modeling technologies serving the distributed generation and smart-grid industries. Tenant shall not use any portion of the premises for purposes other than those specified herein without the prior written consent of the City and no use shall be made or permitted to be made upon the premises nor acts done which will increase the existing rate of insurance upon the property or cause cancellation of insurance policies covering said property. Tenant shall not conduct or permit any sale by auction on the premises. 4. Rent Rent for First Year of Lease The Tenant shall pay as rent to City for the first year of said Lease (through March 31, 2016), the sum of $9.00 per square foot, based upon the occupancy of 2,066 square feet, the total annual sum of $18,594 to be payable in equal monthly installments of $1,549.50. Rent for Second Year of Lease From and after April 1, 2016, provided this Lease is not terminated, the Tenant shall pay as rent to City for the second year of said Lease, the sum of $9.50 per square foot, based upon the occupancy of 2,066 square feet, the total annual sum of $19,627, to be payable in equal monthly installments of $1,635.58. Rent for Third Year of Lease From and after April 1, 2017, provided this Lease is not terminated, the Tenant shall pay as rent to City for the third year of said Lease, the sum of $10.00 per square foot, based upon the occupancy of 2,066 square feet, the total annual sum $20,660 to be payable in equal monthly installments of $1,721.66. Tenant shall pay each monthly rental on or before the 15th day of each succeeding month through the full term of this Lease, and is late if paid after the 20th day of the month. Failure to timely pay the rent, in addition to all other remedies, will result in a ten (10%) percent late charge. In the event Tenant shall terminate this Lease prior to the expiration of the Lease Agreement, all remaining lease payments shall be due and payable to City, provided, however, that the City agrees to forgive any remaining lease payments if the Tenant constructs or purchases a new facility in Brookings and moves the business as described in section 3 to said facility. 5. Utilities Tenant shall be responsible for paying its own utilities. 6. Tenant Covenants The Tenant makes the following covenants: 1. To keep the interior of Unit 2 and all fixtures therein in good condition and repair. 2. Not to make any structural alterations or additions to Unit 2 without the written consent of the City. 3. Not to assign this Lease, nor sublet Unit 2, nor to permit any other person to occupy Unit 2, except for employees of the Tenant. 4. To remove, at the termination of this Lease, all goods and effects, and to leave Unit 2 in good repair and order, reasonable wear and tear excepted. 5. To use Unit 2 for the purpose of the Tenant's business only, and to comply in all respects to the schedule of Tenant's Rules of Occupation, hereinafter called "Rules", annexed to this Lease as Exhibit "B", or such amended rules that may be issued by the City or the City's agents. 6. To purchase and maintain such insurance as Tenant deems appropriate to protect Tenant from loss of Tenant's property due to fire and/or casualty; and to purchase and maintain a commercial general liability premises policy in the minimum amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, and Tenant shall provide City with a Certificate of Insurance showing City as an additional insured. The Certificate shall provide for a ten (10) day written notice to City in the event of cancellation or material change of coverage. Tenant shall furthermore hold the City harmless and indemnify it from any injury, loss or damage that may occur to the property of employees of Tenant or other third parties visiting the Tenant or other Tenants in the facility. To the maximum extent permitted by insurance policies which may be owned by City or Tenant, Tenant and City, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 7. To comply with all Federal, state, or local laws which may affect the Tenant's use of Unit 2. 8. Not to affix signs or advertising displays of any kind, either to the exterior or interior walls of Unit 2, or to any of its doors or windows, without the prior written consent of City. 9. Tenant shall not vacate or abandon the premises at any time during the term hereof, and if Tenant shall abandon or vacate the premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant left upon the premises shall be deemed to be abandoned at the option of the City. 10. City shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the demised premises or any part thereof, and Tenant agrees to hold City harmless from any claims for damages unless such damage or injury results from the negligence of the City. 7. Lessor’s Covenants The City makes the following covenants: 1. The City covenants that it has the right to grant this Lease as Owner of the building. 2. To keep the exterior of the premises in good repair and condition, and to clean and maintain the areas of the Brookings Area Research and Technology Center which are used in common by all Tenants. The City shall be responsible for the exterior and interior structural maintenance of the building and maintaining the common areas. The City shall be responsible for pest control around the exterior of the Center and in the common areas. The City shall also be responsible for maintenance of the heating and cooling system. 3. To insure and keep insured at all times the buildings, structures and fixtures owned by the City against fire, windstorm and similar occurrences. 4. To permit the Tenant to occupy Unit 2 during the term of this Lease quietly and peaceably, provided the Tenant performs the covenants of this Lease. 5. To provide and update a directory of Tenants in the reception area and to provide identification signs within the building to enable visitors to locate Tenant. 6. To provide suitable means of disposing of a reasonable amount of non-hazardous waste materials resulting from use of the leased premises by Tenant. 8. Mutual Covenants 1. It is mutually agreed that the principal objective of the Brookings Area Research and Technology Center is to encourage the formation of successful new businesses and to create new job opportunities, and this Lease and any other agreement between the City and the Tenant must be construed in the context of this objective. 2. Both parties agree that if Unit 2 shall be substantially destroyed by windstorm, fire or other happening, then either party may elect to terminate this Lease by giving written notice of termination to the other party. 3. If Tenant receives the City's written permission to alter or add to the structure, such alterations or additions will be undertaken at the expense of the Tenant. When written permission has been given by the City, on the termination of this Lease by mutual consent and provided the Tenant has well and faithfully complied with the covenants of this Lease, the City will undertake to reimburse the Tenant with a proportionate part of the agreed costs of any alterations or additions which materially improve the building, provided the Tenant agrees to continue to operate its business in the City of Brookings. The details of any agreement of this kind will be contained in the letter of consent granted by the City. 4. If Tenant fails to perform any of the covenants contained in this Lease, or if the Tenant shall be declared bankrupt or insolvent, or if a receiver of the property of the Tenant is appointed, or if an assignment shall be made of a Tenant's property for the benefit of creditors, or if Tenant is otherwise in default under this Lease, then the City shall give written notice of default to Tenant. The Tenant shall have thirty (30) days to cure said default. In the event the Tenant fails to cure said default within the thirty (30) day period, the City may immediately enter into Unit 2, without further notice, and repossess Unit 2, expel the Tenant and those claiming through or under the Tenant, and remove their effects. The Tenant hereby expressly waives the service of any notice of intention to re-enter, and Tenant covenants that, in the case of such termination, the Tenant will indemnify the City against any loss of rent and other claims that the City may incur by reason of termination of this Lease and re-entry, including reasonable attorney's fees. 9. Miscellaneous 1. Any notice from the City to Tenant or from Tenant to City shall be deemed duly served if mailed by certified mail to the last known address of the Tenant, or to the address of the City or to the address of the Agents acting for City, and the customary certified mail receipt shall be conclusive evidence of such service. 2. This Lease shall be subject to and construed under the laws of the State of South Dakota. IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and date set forth below. Dated this th day of , 2015. CITY OF BROOKINGS, SOUTH DAKOTA, LESSOR By:______________________________________ Jeff Weldon, City Manager City of Brookings P.O. Box 270 Brookings, South Dakota 57006 Telephone No. (605) 692-6281 ATTEST: __________________________________ Shari Thornes, City Clerk Dated this ___ day of _________________, 2015. _______________________, Tenant By:_______________________________________ Its:_______________________________________ Northern Plains Power Technologies 807 32nd Avenue Brookings, South Dakota 57006 Exhibit "A” MAP DEPICTING Unit 2 Exhibit "B” TENANT RULES OF OCCUPATION 1. These are the Rules of Occupation referred to in Section 6.5 of the Tenant Covenants contained in the Lease between the City and Tenant. 2. Tenants will be required to: a. Ensure that all access doors into the building are properly closed after exit or entry. Fire exit doors are for emergency use only and must not be used for entry or exit or for loading or unloading freight. This requirement is imposed to protect the security and integrity of the whole building and its occupants. b. Dispose of all waste materials in the receptacles provided by the City, and not to leave any garbage or waste materials in any part of the premises or on the parking lot. No oil, grease, paint, or other deleterious matter can be deposited in any drain inside or outside the building. c. Ensure that no gasoline or any other particularly inflammable explosive or combustible material is stored within Unit 2 occupied by Tenant or on any part of the Brookings Area Research and Technology Center in violation of the City of Brookings Fire Code, with the exception only of fuel contained in the fuel tanks of Tenant’s vehicles. d. Take care to connect all plant and machinery to electrical services in an approved manner and not to overload any electrical circuits. e. Avoid obstructing the corridors or passageways within the Brookings Area Research and Technology Center and to use only approved means of transporting freight, goods or supplies through such corridors or passageways. f. Permit the City scheduled access at all reasonable times to enter and inspect Unit 2 leased to the Tenant, and to allow contractors employed by the City to enter and carry out repairs or alterations to any part of Unit 2 or its fixtures, subject to reasonable notice and an opportunity to be present during said repairs or alterations. g. Do nothing which would cause the insurance procured by the City to become void or invalidated. h. To ensure that all employees of the Tenant that access Unit 2 are aware of these Rules and to make it a condition of employment that employees obey these Rules or any variation of them which are made from time to time. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published time(s) at an approximate cost of $ . NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENT TO LEASE REAL PROPERTY NOTICE IS HEREBY given that on Tuesday, March 24, 2015, at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to Northern Plains Power Technologies the following described property in the Research and Technology Center: 807 32 nd Avenue, Brookings, S.D. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above described property. Dated this 11th day of March, 2015. CITY OF BROOKINGS __________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0217,Version:1 Action to approve a revised Preliminary Plat for Christie Springs Addition, NW ¼, Section 2-T109N- R50W. Proposal: Modify the street and lot layout of the residential portion of a future subdivision. Background:The original Christie Springs Addition preliminary plat was approved in 2013. There were 101 lots planned for the area and most lot areas were in the 6,000 to 9,000 square foot range. The gross density was about 3.46 units per acre. The 30 acre residential portion has a mix of R-1C and R-3 zoning. Specifics: Important design elements and proposed changes to the preliminary plan are addressed below: Street Design - Access points in and out of the subdivision are unchanged. One eyebrow in the southeast corner has been removed along with a cul-de-sac in the center. Three new eyebrows have been added on the west side. Eyebrows primarily provide additional right-of-way length for the design of lots in the corners of subdivisions. Street names have been modified to reduce addressing conflicts. Land Design - The internal blocks have been revised into a more uniform two-tier design but the perimeter single-tier design has been maintained. Corner lots have extra width and most radial lines intersecting the eyebrows have acceptable angles. The total number of residential lots has increased from 101 to 107 due to the revised street design and a reduction in the size of lots on the north end. Open Space/Drainage - No open space is planned for this subdivision except for stormwater detention areas. Residents in this neighborhood will have access to a playground/park that is planned in conjunction with the new elementary school. A pedestrian access to the park in the southwest corner should be discussed with the owner as a possible alternative to using Oakwood Avenue. Detention areas have been consolidated into one area in the southeast part of the development. Recommendation: Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the revised preliminary plat with the following conditions: ·A pedestrian access easement must be located on the common lot line between lots 10 and 11 of Block 5 for public access from the right-of-way to the school property. ·The street name “Christie Avenue” must be changed to a street name that does not conflict with an existing street name. Attachments: Revised Preliminary Plat City of Brookings Printed on 3/18/2015Page 1 of 2 powered by Legistar™ File #:ID 2015-0217,Version:1 Preliminary Plat - 2013 PC Minutes Notice City of Brookings Printed on 3/18/2015Page 2 of 2 powered by Legistar™ Christie Springs preliminary plat Min. & Sum. MINUTES Christie Family Living Trust/Oakwood Equity Group, LLC has submitted a revised Preliminary Plat of Christie Springs Addition in the NW1/4 of Section 2-T109N-R50W (Cameron/Fargen) Motion to approve the revised preliminary plat as presented. (Bailey/DeKraai) Amendment to the motion to require a pedestrian access easement on the common lot line between lots 10 and 11 of Block 5 for public access from the right-of-way to the school property. All present voted aye. AMENDMENT CARRIED. (Fargen/Cameron) Amendment to the motion to change the name of Christie Avenue to an alternate name that would not conflict with an existing street name. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY Hanson stated the major changes in the approved 2013 preliminary plan involved the internal street and lot design. Access into the subdivision remained the same as did the perimeter lot design. Storm water would drain to a detention pond in the southeast portion of the addition. No open space was planned since residents could use the playground at the new Dakota Prairie Elementary school. Hanson noted that a pedestrian access to the new school site should be considered. The access could be in the southwest corner of the subdivision. Drew asked what the width of an access would be. Hanson felt that 10 to 15 feet was a common width. DeKraai stated she was involved with the design of the outdoor playground areas at the school and felt the design could incorporate the pedestrian access. She added that there would be three playground areas, one for preschool children, one for K and 1st graders, and one for 2nd and 3rd graders. DeKraai asked if there was a known timetable for installing Oakwood Avenue on the south end of the development. It was noted that the developers timetable was unknown but would likely hinge on access to sanitary sewer in Main Avenue South. Struck responded that completing the construction of Oakwood Avenue down to 26th St. So. would involve several parties, in addition to the developer, so a construction timeline could not be determined. The commission also discussed the proposed street names. Some street names had been changed from an earlier plan to avoid issues with addressing properties. It had been finalized that the south entrance off Main Avenue South would be Sweet Grass Drive since it aligned with the same street in the Prairie Hills Addition. Struck recommended that Christie Avenue be changed since it could be confused with the existing Christine Avenue. C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@5C057C3B\@BCL@5C057C3B.docx If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Christie Family Living Trust / Oakwood Equity Group, LLC have submitted a revised preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Christie Springs Addition in the NW ¼ of Section 2-T109N-R50W NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, March 3, 2015, in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. ____________________________ Dan Hanson Planning & Zoning Administrator City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0205,Version:1 Discussion and Possible Action on Request to Allow Parking on 20th Avenue between 6th Street and 8th Street. Summary: This item is a request to allow parking on 20th Avenue between 6th Street and 8th Street, on Sunday and Tuesday evenings between 6 PM and 9 PM. Background: The Brookings City Council removed parking from several streets at their September, 2011 Council meeting to establish certain bike routes in Brookings. Parking was removed from both sides of 20th Avenue between 6th Street and 8th Street and this street was designated a “sharrow” route. The City Engineer received a request from the Greek Village Home Owner’s Association that the “No -Parking” signs on 20th Avenue be temporarily covered on Sunday and Tuesday evenings from 6:00 PM to 9:00 PM for the influx of vehicles in the area due to the Greek chapter weekly meetings. Sigma Alpha Epsilon and Alpha Xi Delta hold their chapter meetings on Sunday evenings, with approximately 30-40 members from SAE and 75 members from Alpha Xi Delta. In addition, Alpha Gamma Rho has approximately 50-60 members and Farmhouse has approximately 50 members and both chapters hold their meetings on Tuesday evenings. The Greek homes have on-site parking for their tenants; however, the only location for overflow parking is on other private property. This item is being brought to the City Council for discussion and possible action since this would be a modification to the original bike route plan adopted by the Council. If the City Council approves the request, staff recommends that permanent signs be installed which state the allowed parking times. This would alleviate police staff from needing to place bags over the No-Parking signs twice a week. Representatives from SDSU were invited to the meeting to discuss the request. Fiscal Impact: Staff suggests that SDSU or the Greek Village Home Owner’s Association pay for any signs needed. Attachments: Map City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-038,Version:1 Action on Resolution 15-038, a Resolution authorizing an opt-out provision for the financing of the hospital improvement project for Brookings Health System. Summary: City Council action is required to provide for the possibility of utilizing an opt-out of property taxes as a last resort means of securing financing for the proposed hospital improvement project. Background: The opt-out provision is not part of the revenue plan for the project other than to serve as a contingency in the event of a downturn of planned revenues for debt service. The existence of such a financial provision will provide an additional level of security for the bond holders which will decrease the interest rate and provide a corresponding decrease in debt service payments over the term of the loan of approximately eight million dollars. Fiscal Impact: There will be a positive fiscal impact on the project by saving approximately $8 million in debt service payments as a result of lower interest rates. In the event the opt-out is implemented, it will result in a property tax increase with such revenue dedicated to the project’s debt service shortfall; but there will be no negative fiscal impact on the City of Brookings or Brookings Health System. Recommendation: The Board of Trustees of Brookings Health System has recommended approval. Staff from BHS, the City, and the Consulting Financial Advisor recommend approval. Attachments: Resolution City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-038 Resolution for Opt Out THE GOVERNING BOARD OF THE CITY OF BROOKINGS, SOUTH DAKOTA, do state that the above said Board is unable to operate under the tax limitation measure currently in statute. We therefore OPT OUT of such tax limitation in the amount of $2,500,000 starting with calendar year 2015 taxes payable in the calendar year 2016. This opt out will be for 30 years, which will be through taxes payable in the calendar years 2016 through 2046. This action has been taken by the Board and approved by at least a two-thirds vote of the Board. The OPT OUT is for the sole purpose of providing a backup revenue source for the financing of the Brookings Health System expansion renovation project. The financing will receive a better rating with the backup revenues source and result in lower interest rates on the financing. The Board will not levy any portion of the OPT OUT for 2015 taxes payable in 2016 and does not intend to levy for subsequent years unless there is inability to service the debt of the Brookings Health System. Unless this action is referred to a vote of the people and reversed by such vote, this resolution authorizes the County Auditor to spread an excess levy to raise tax dollars in the above stated amount. Passed and approved this 24th day of March, 2015. Mayor Tim Reed Council Member Tom Bezdichek Council Member Keith Corbett Council Member Dan Hansen Council Member John Kubal Council Member Ope Niemeyer Council Member Jael Thorpe ATTEST: Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-031,Version:1 Action on Resolution 15-031, a Resolution to Name the Nature Center at Dakota Nature Park. Summary: Mr. Dale Larson has requested that the Nature Center at Dakota Nature Park be named Larson Nature Center. Mr. Larson and Director Colson have had an on-going discussion for about two years regarding the naming of the building with his family name. Mr. Larson and his family donated the majority of the funding for the development of the park, and Mr. Larson originally requested that the Nature Center be the focal point of the park. Mr. Larson’s donation and vision were largely responsible for making the building much more than was originally envisioned in the Master Plan. The Naming Rights Policy requests a recommendation from an advisory board for such naming when an advisory board is available. As the Parks, Recreation and Forestry Dept. plans to dedicate the park on April 25, and there is only one council meeting before that date, Director Colson polled the Brookings Parks and Recreation Advisory board for their recommendation on March 12, 2015, and the board unanimously recommended the name, Larson Nature Center, for the Nature Center. Recommendation: The Brookings Parks, Recreation and Forestry Dept. and the Brookings Parks and Recreation Advisory Board recommend renaming the Nature Center to: Larson Nature Center. Attachments: Resolution Naming Rights Nomination Form City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-031 Action to Name the Nature Center at Dakota Nature Park Whereas, the City of Brookings wishes to appropriately acknowledge individuals, organizations, and businesses by naming certain capital investment items and amenities in their honor, and Whereas the City of Brookings wishes to recognize a donor who financially supported the item to be named in a significant amount to the satisfaction of the Council: Now Therefore, Be it Resolved that the nature center at Dakota Nature Park be named Larson Nature Center in honor and recognition of the support and generosity of Mr. Dale Larson and his family. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk NAMING RIGHTS NOMINATION FORM Name/address of nominating person or organization:Date:March 12, 2015 Peter Colson, Director, Brookings Parks, Recreation & Forestry Dept. Item proposed to be named (see attached policy for eligible items): Nature Center at Dakota Nature Park Reason/justification for the nomination: Mr. Dale Larson has requested that the nature center at Dakota Nature Park be named Larson Nature Center. Mr. Larson and Director Colson have had an on-going discussion for about two years regarding the naming of the building with his family name. Mr. Larson and his family donated the majority of the funding for the development of the park, and Mr. Larson originally requested that the nature center be the focal point of the park. Mr. Larson’s donation and vision were largely responsible for making the building much more than was originally envisioned in the master plan. The Naming Rights Policy requests a recommendation from an advisory board for such naming when an advisory board is available. As the Parks, Recreation and Forestry Dept. plans to dedicate the park on April 25, and there is only one council meeting before that date, Director Colson polled the Brookings Parks and Recreation Advisory board for their recommendation on March 12, 2015, and the board unanimously recommended the name, Larson Nature Center, for the nature center. Submit to:Office of City Clerk City of Brookings P.O. Box 270; 311 Third Avenue Brookings, SD 57006 605-682-6907 FAX FOR OFFICE USE ONLY Date Received:___________City Manager review: Advisory Board action (if necessary): On March 12, 2015, the BPRD Advisory Board approved a recommendation to name the nature center, Larson Nature Center City Council action: Action forwarded to appropriate Department for recognition: Recognition method: Sign to be incorporated within the buildings structure. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0209,Version:1 Action to establish an Ad Hoc Citizens Committee to investigate the feasibility of developing an Indoor Community Center. Summary: At the March 17, 2015 study session, the City Council decided to proceed with the establishment of an ad hoc Indoor Recreation Center Steering Committee to investigate the need and feasibility of such a facility and desired amenities it may include. Background: The specific objectives of the ad hoc committee feasibility report would be to: 1)Evaluate the needs of the Brookings community and determine what amenities are needed currently and projected into the future. 2)Determine the potential construction cost associated with such a facility once desired amenities are projected, and potential funding sources. 3)Determine projected operating budgets. 4)Identify site and location requirements and possible sites meeting these requirements. 5)Investigate and quantify the economic impact of such a facility. The report should suggest ranges of options and considerations that have been explored and evaluated as opposed to one exclusive recommendation. The committee should complete their work and present a report to the Brookings City Council by year - end. The report should be developed considering: (1) community vision and forecasted growth; (2) quality of life issues; (3) financial sustainability; (4) amenities that address documented needs; (5) city staff expertise in recreation and programming; (6) consistency with Item #1 of the 2015 Strategic Plan. Membership shall consist of seven (7) voting members and two (2) non-voting members. Voting members shall be appointed by the usual process but from the following categories. One member of the Brookings City Council who shall serve as the Chair One member of the Brookings Board of Education One member of the Brookings Park and Recreation advisory board One member of the Brookings Health System Board of Trustees One member of the Brookings Convention & Visitors Bureau Two citizens from different club sport/athletic associations whose organizations would be significant users of amenities in such a facility The City Manager (or designee) and Director of Parks, Recreation, & Forestry (or designee) shall serve as non-voting members and staff to the committee. Fiscal Impact: City of Brookings Printed on 3/24/2015Page 1 of 2 powered by Legistar™ File #:ID 2015-0209,Version:1 At this point, establishment of such a committee and its initial work have no fiscal impact but it is possible some funding may be needed during the process for professional services as a means of acquiring information to complete the task . Recommendation: Staff recommends approval Attachments: Purpose, Objectives, and Membership City of Brookings Printed on 3/24/2015Page 2 of 2 powered by Legistar™ Indoor Recreation Center Steering Committee – Ad Hoc Purpose The City of Brookings is committed to a high quality of life. Brookings strives to provide world-class amenities to its citizens through a variety of different avenues, including the parks and recreation system. The purpose of the Indoor Recreation Center Steering Committee is to investigate and propose to the Brookings City Council a financially viable center that meets the needs of our citizens, improves Brookings quality of life, and generates additional visitors to the Brookings community. Specific Objectives: • Evaluate the needs of the Brookings community and determine what amenities are needed not only now, but into the future. • Determine the potential construction cost associated with a facility and determine possible funding sources. • Evaluate the potential costs associated with running the proposed facility and investigate what similar communities have done to ensure community engagement. • Identify site and location requirements and possible sites meeting these requirements. • Investigate and quantify the potential economic impact, specifically in tourism dollars, of a facility like this. A possible facility plan will be presented to the City Council by December 31, 2015 to act upon. The Council may accept all, a portion of, or none of the plan. The plan should suggest ranges of options and considerations that have been explored and evaluated instead of one exclusive recommendation. The strategy should be developed considering: • Community vision, forecasted growth • Quality of life issues • Financial sustainability • City Staff expertise in recreation and programming • Current private and public wellness and recreation facilities • Consistency with Item #1 of the 2015 Strategic Plan Membership Voting Members appointed by Mayor with Council consent. The Committee will consist of nine members total: • One member of City Council (Chair) • One member of the Brookings School System • One member of the Parks and Recreation Board • One member of the Brookings Health System Board of Trustees • One member of Brookings Convention and Visitors Bureau Staff • Four citizens at-large, preferably with a background in club sports or health and recreation, or a parent of a preschooler. The City Manager (or appointee) and the Director of Parks, Recreation, and Forestry will be non-voting members of the Committee. Expectations of members: • Adhere to the City’s Code of Ethics • Adhere to City Meeting Policies • Strategy will be a financial viable solution City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0154,Version:1 Recommendation from the Transportation Steering Committee for East 20 th Street South Improvement Project. Summary: The Transportation Steering Committee is forwarding to the City Council a recommendation to pursue the installation of a full interchange with associated ramps at the junction of Interstate 29 and the future extension of East 20th Street South; instead of the overpass. Background: As part of the 34/20 transportation improvement project, which will provide a southern "ring-route" around southeastern Brookings, there are several critical public policy decisions associated with this project. Chief among them is the need to improve South 34th Avenue which is being done via an intergovernmental partnership between Brookings County and the City of Brookings. Since most of this road is outside the City limits, Brookings County is taking the lead on this with the City paying a proportionate share for the section within city limits this year. This would provide a future connection east of 1-29 with the east-west extension of 20th Street South from 22nd Avenue across the interstate to connect with 34th Avenue. Another critical policy decision is whether the junction of 1-29 and future 20th Street extension be via an overpass or an interchange with ramps. This question was studied in depth by the Transportation Steering Committee. The primary purpose of the overpass would be to move traffic across the interstate and provide an additional southern route for commute-to-work traffic between the industrial areas on the east side of the interstate and the residential areas on the west side. The primary purpose of the interchange would be to move traffic on and off the interstate via exit ramps as well as move traffic across the interstate. In addition to moving traffic better, the added benefit of the interchange is that it does a better job of facilitating adjacent development because of the exit ramps. It also provides an additional exit to the community from the interstate. While an overpass also enhances adjacent development, such development is more limited because it relies only on overpass traffic where an interchange utilizes interstate traffic as well as overpass traffic. This was a crucial consideration as it figured prominently in the recommendation of the committee. The interchange option will require the City undertake an Interstate Justification Report (IJR) for the Federal Highway Administration (FHA) since it would impact the interstate right-of-way. No such IJR is necessary for the overpass option. The IJR has a preliminary cost of a needs assessment of $50,000-$100,000. If FHA deems the project is feasible, they will require us to undertake a full IJR report which could cost another $500,000. At that point, FHA will render a determination based on City of Brookings Printed on 3/23/2015Page 1 of 2 powered by Legistar™ File #:ID 2015-0154,Version:1 the IJR that our project either: (1) has benefit to the federal highway system;(2) no benefit/neutral; (3) detrimental impact. If there is benefit they may participate in funding to the extent they can quantify the benefit. If they determine it to be no benefit or neutral, they will likely allow us to proceed with the project at our expense. If they determine a detrimental impact, they will not allow the project to proceed and it cannot cross the interstate right-of-way. Fiscal Impact: At this point,there is no prospect of any state or federal funding since 20th Street would be a local street and not seen as a benefit to the state or federal transportation system. It is becoming apparent the project will need to be funded exclusively at the local level. Preliminary estimates for construction costs of an overpass are $5-6 million; and an interchange would be $12-14 million. These are construction costs only and do not include engineering/design costs which generally are an additional 15 percent; nor does it include right-of-way acquisition, wetland mitigation,soils testing/surveys,or environmental studies. Some of these costs would be included in the IJR if the interchange option is selected; but would also be required of just an overpass.Also, they do not include street costs of 20th Street from 22nd Avenue to the interstate or from the interstate to 34th Avenue for an additional $1.6 million. The full IJR will cost between $100,000 and $500,000 according to DOT estimates and take at least four years to complete. The DOT reports that more extensive projects have required IJRs costing as much as $1million but that amount would be unlikely for this project. Recommendation: The Transportation Steering Committee is recommending the City Council select the interchange option and proceed with the Interstate Justification Report. The City Manager is recommending the City Council proceed with the overpass option with the ultimate plan to add an interchange in the future for the following reasons: 1)Lets face the reality there will be no grant funding and develop a finance that is feasible , practical, and affordable. 2)The overpass can be accomplished much sooner than an interchange. 3)The prospects of adjacent development are speculative at best. While property owners have voiced support for the interchange to benefit their property, any development will be far into the future. Some of the area needs gravel extraction and eventual reclamation ,some will displace housing,most is outside the city limits, and most is not consistent with the comprehensive plan. Attachments: Transportation Steering Committee 2/23/2015 Minutes Letters of Support City of Brookings Printed on 3/23/2015Page 2 of 2 powered by Legistar™ 1 Brookings Transportation Steering Committee February 23, 2015 The Brookings Transportation Steering Committee meeting was held at 3:00 p.m. on Monday, February 23, 2015 at Brookings City & County Government Center with the following members present: Keith Corbett, Daryl Englund, Jason Harms, Jacob Mills, Michael Bartley, Les Rowland, Bob Hill and Al Baker. Jim Morgan was absent. Others present included: City Manager Jeff Weldon, Community Development Director Mike Struck and Communications Specialist Laurie Carruthers. Chair Corbett called the meeting to order at 2:59 p.m. Approval of minutes. A motion was made by Hill, seconded by Englund, to approve the January 12, 2015 minutes. All present voted yes, motion carried. Continued discussion of the 20 th Street South interchange/overpass project. Englund explained the Department of Transportation revised policy statement regarding access to federal interstate system. Committee members discussed the meeting with SDDOT Representative Joel Jundt and reviewed Weldon’s notes from the meeting. Weldon advised that there is no city budget in 2015 for this project. Discussions pursued regarding the state’s involvement with an overpass versus interchange, the county’s involvement, the possibility of STIP funding, the likelihood of the 6th Street construction postponing the 20th Street South project and the potential next steps for an interstate justification report. The overall consensus of the committee members and public is favorable to an interchange versus an overpass. A motion was made by Hill, seconded by Baker to recommend the City Council proceed with the first portion (needs assessment) of the Interstate Justification Report. All present voted yes; motion carried. Corbett advised the 20th Street South recommendation will likely be on the March 24th City Council Agenda. Schedule next meeting.The next meeting is scheduled for Monday, March 16, 2015 at 3:00 pm. Weldon will invite Secretary Bergquist to the meeting. Other business.Harms asked if there was any action required on the Main to Medary project. Weldon advised that unless the City Council requests additional information from the committee, there is no further action needed. Adjourn. A motion was made by Baker, seconded by Harms to adjourn. All present voted yes; motion carried. Meeting adjourned at 4:12 p.m. Submitted by Laurie Carruthers. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-026,Version:1 Action on Resolution 15-026, a Resolution on a Petition to vacate 6th Street South lying between 32nd Avenue South and 34th Avenue South and abutting Block 4, and Lot 1, Block 5, Telkamp Industrial Addition. Proposal:Eliminate a platted right-of-way. Background:6th St. So. was originally platted in 2006 as a 70 foot wide collector in the southern part of the Telkamp Industrial Addition. It connects 32nd Avenue So. to 34th Avenue So. A sanitary sewer line has been installed in the right-of-way but the street was never improved to urban standards. Specifics:Two owners have property abutting 6th Street South. Falcon Plastics, Inc. owns all of Block 4 along the north side and RTI Holdings, LLC owns Lot 1 in Block 5 on the south side. Both parcels have frontage along 32nd and 34th Avenues and the owners feel the access from these streets is adequate for their operations. Therefore, spending the money to improve 6th St. So. is unnecessary. If vacated, appropriate easements should be required to guarantee access to the sanitary sewer line and any other installed utilities. Recommendation: Recommendation: The Planning Commission voted 7 yes and 1 no to recommend vacating the public right-of-way subject to required easements. Attachments: Resolution Notice to Vacate - PC Notice to Vacate - City Council PC Minutes Plat City of Brookings Printed on 3/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-026 Street Vacation Whereas, a petition to vacate has been filed with the City Clerk of the City of Brookings, and Whereas, the petition was filed in proper form and signed by one hundred percent (100%) of the adjacent property owners. Now, Therefore, Be It Resolved by the City Council of the City of Brookings: That a portion of 6th Street South lying between 32nd Avenue South and 34th Avenue South and abutting Block 4, and Lot 1, Block 5, Telkamp Industrial Addition be vacated. Passed and approved this 24th day of March, 2015. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: _______________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@5405C469\@BCL@5405C469.doc If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO VACATE NOTICE IS HEREBY GIVEN That RTI Holdings, LLC and Falcon Plastics, Inc. have submitted a petition to vacate the following street: that portion of 6th Street South lying between 32 nd Avenue South and 34th Avenue South and abutting Block 4, and Lot 1, Block 5, Telkamp Industrial Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, March 3, 2015, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 20th day of February 2015. __________________________ Dan Hanson Secretary, City Planning Commission C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@640577C8\@BCL@640577C8.doc If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO VACATE NOTICE IS HEREBY GIVEN That RTI Holdings, LLC and Falcon Plastics, Inc. have submitted a petition to vacate the following street: that portion of 6th Street South lying between 32nd Avenue South and 34th Avenue South and abutting Block 4, and Lot 1, Block 5, Telkamp Industrial Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, March 24, 2015, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 20th day of February 2015. ____________________________ Dan Hanson Planning & Zoning Administrator Street Vacation, 6th St. So. Minutes/Summary MINUTES RTI Holdings, LLC and Falcon Plastics, Inc. have submitted a request to vacate a portion of 6th Street South lying between 32nd Avenue South and 34th Avenue South and abutting Block 4, and Lot 1, Block 5, Telkamp Industrial Addition (Gregg/DeKraai) Motion to approve the street vacation subject to utility easements. All present voted aye, except Pierce voted no. MOTION CARRIED. SUMMARY Hanson stated that the street vacation would eliminate 6th St. So. between 32nd Ave So. and 34th Ave So. There was an existing sanitary sewer line under the right-of-way but the street was currently unimproved. The adjoining properties had frontage on 32nd Ave So. and 34th Ave So. and the property owners felt it would be an unnecessary expense to build a street in the future. Phil Wagner, representing RTI Holdings, LLC, stated RTI was in the process of building a facility on lot 1 and did not feel the street was needed. If vacated, the area could be used for a private drive to serve both Falcon Plastics and RTI. Drew asked about maintenance of the sewer line if the street was vacated. Hanson responded that the easement would give BMU access to the line for service. Pierce asked what impact the vacation could have on property owners on the east side of 32nd Ave So. Hanson replied that 8th St. So. and Prince Drive were located 2 blocks away on either side of 6th St. So. and both streets connected 32nd Ave So. with 34th Ave So. Pierce felt the vacation should be considered carefully since 34th Ave So. was anticipated to see an increase in traffic when it was paved this year. Struck noted that there were only 5 property owners in the general area. Therefore, the costs to build the street and the future maintenance costs were unnecessary. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0215,Version:1 Motion to adopt the Master Drainage Plan Priority List. Summary: The updated Master Drainage Plan Priority List shows the prioritized drainage projects that were presented at the March 17th, 2015 City Council Meeting. Background: The City of Brookings adopted the City of Brookings Master Drainage Plan (MDP) in 2008. The Master Drainage Plan included 12 specific study areas, 34 subwatershed areas, hydrological SWMM model data, and cost estimates for the projects. The MDP Plan serves two purposes: 1.Identifying improvements for existing drainage conditions throughout the City of Brookings and future growth areas; and 2.Providing supplemental SWMM model data which may be used by consultants for drainage analysis of existing and future developments. The City Council held discussions and gathered public input regarding the 12 specific study areas. Each area was analyzed for its adequacy to accommodate both a 5 year and 100 year storm event. Improvements for each of the 12 areas were recommended as well as an approximate cost of each improvement. After the City Council adopted the MDP, discussions were held to prioritize the order of the projects. Input was gathered local from residents, developers, and consultants and a “Project Ranking System” was adopted by the City Council to use as a tool to prioritize and rank the drainage projects. The first prioritized list of projects was adopted in 2009. Since many of the drainage improvement projects are naturally interrelated, it was the intent to continue to reprioritize the list as projects are completed. The first project was completed in 2009 at Garden Square on 8 th Street. Due to the high costs of certain projects, it was decided that if a project could feasibly be broken up and “phased” into smaller projects, this would provide the most amount of benefit to the whole City in a shorter timeframe. These ‘phased’ projects were reintroduced into the prioritization formula as separate projects. By doing so, it allowed a wider coverage, versus focusing drainage funds on one specific area at a time. The projects completed to date are: ·Garden Square Drainage Improvement ·Southland Lane/17th Avenue Phase 1 (detention pond) ·Pheasant Nest Phase 1 (detention pond) ·Camelot Drainage Improvement Phase 1 (piping in Christine Ave) ·20th Street South and Medary Avenue Phase 1 (North Nelson Detention Pond) ·20th Street South and Medary Avenue Phase 2 (additional pipe under 20th St S.) ·Division Avenue Phase 1 (2nd Street South detention pond) ·6th Street Drainage Improvement Corridor Phase 1 (Main Ave to Western Ave) The 12 projects originally identified in the MDP were selected based on citizen input prior to 2008. City of Brookings Printed on 3/18/2015Page 1 of 3 powered by Legistar™ File #:ID 2015-0215,Version:1 This was never intended to be a limit; but rather, new projects can be added to the list as new problem areas are discovered. In 2012, the City Council approved the latest prioritization list. This list consisted of many of the previous projects broken up into phases, with the addition of a new detention pond project in the SDSU watershed. The completed projects were removed from the list. Neighborhood Projects In addition to the Master Drainage Plan projects, the City has also worked on smaller drainage improvement projects known as “Neighborhood Projects”. These projects focused on areas of concern that were smaller in scope than the intent of the MDP, and they are generally selected based on citizen input and observations. The following neighborhood projects have been completed or are under construction: ·15th Street South, from 17th Avenue South to the east: Storm sewer inlets and pipe ·Copper Mountain Circle: Storm sewer inlet and pipe ·Rotary Park Drainage Improvement Project: detention pond, grading & landscaping ·Minnesota Drive and 22nd Avenue: Storm sewer inlet and pipe ·Minnesota Drive and State Street area: Storm sewer inlets and pipe ·Derdall Drive, east of 17th Avenue South: Storm sewer inlets, pipe and valley gutter to the tracks Storm Drainage Fund Cash Flow The Storm Drainage Fund has paid for all of the drainage projects. The neighborhood and smaller projects have been paid out of the fund balance. The larger projects have received SRF loans through DENR which have been at 3% interest over 20 years. The current annual loan payments are approximately $100,760 in principal and $94,300 in interest. The advantage of constructing only one large project per year is we can manage the project payments and budgeting. In addition, DENR requires a detailed cash flow analysis with reserve funds for SRF loan applications, which is easier to predict when the large projects are spread out. Project Ranking System: The ranking of the projects is based on a series of different criteria which are applied to a formula. The criteria are as follows: ·Potential Environmental Impact ·Number of Buildings Affected ·Occupant Evacuation ·Property Damage ·Traffic Impact ·Location in Basin ·Cost Versus Budget ·Reduced Maintenance Issues ·Infrastructure Age ·Citizen Safety Each criterion has a certain “weighting factor” assigned to it related to the importance of the specific criterion. For instance, “Citizen Safety” has a very high weight factor. These weighting factors were approved by the Council in 2009. In order to maintain consistency each time the projects are reprioritized, these weight factors never change. For each project on the list, a rating of 0 to 5 is City of Brookings Printed on 3/18/2015Page 2 of 3 powered by Legistar™ File #:ID 2015-0215,Version:1 assigned in each category above. The rating is multiplied by the weight factor. Then the weighted ratings are summed up to produce a total score for each project. It was the City’s intent to reprioritize the project list approximately every three years because, in addition to new projects, the completion of other projects can affect the score of the remaining projects. For example, construction of a detention pond in one part of a drainage basin could reduce peak storm flows into another drainage basin; thereby reducing the urgency of storm sewer improvements downstream. City Engineering staff has examined each of the completed projects and their effects in their respective watersheds. The Latest Prioritization List: The 2015 MDP project list includes all previously uncompleted projects; plus two new projects. The new projects are: 1.5th Avenue Downtown Drainage Improvement Project - this project diverts part of the watershed, which is tributary to downtown, into the 6th Street storm sewer system via 5th Avenue (versus Main Ave). The City partnered with the DOT in 2013 to install larger storm sewer in 6th Street which is designed to accommodate this project. This is a 2 phase project, however overall completion is not possible until the DOT reconstructs 6th Street from Main Ave to Medary Ave. Therefore, it is time dependent. 2.State Avenue Drainage Improvement project - this is an extension of the SDSU watershed, which includes the Walmart area, Village Square, Faculty Drive, Fraternity Row, State Avenue, and Jefferson Avenue. It will be designed to relieve some of the flooding in the Jefferson, State, and 20th Avenue areas, as well as Faculty Drive. The project involves installation of new storm sewer in many areas, as well as upsizing of existing storm sewer. This project was broken up into 5 phases. The current project ranking list is attached. Fiscal Impact: The projects will be budgeted as Capital Improvement Projects using Storm Drainage Funds. Recommendation: Recommend approval of the priority list. Attachments: Master Drainage Plan Priority List City of Brookings Printed on 3/18/2015Page 3 of 3 powered by Legistar™ Ranking Results 5yr Storm 100yr Storm Rank Project Score Cost Cost 1 5th Ave Drainage Improvement Ph-1 (4th St to 6th St)22.90 $900,000 n/a 2 LeFevre Drive 22.50 $240,000 $330,000 3 6th Ave Viaduct Flood Warning System (inlet reconstruction)20.90 $120,000 n/a 4 State Ave Watershed Improvement Ph-2 (8th St & 20th Ave piping)20.70 $570,000 $870,000 5 State Ave Watershed Improvement Ph-1 (Jefferson piping)20.10 $750,000 n/a 6 Camelot Ph-2 (Parkway Blvd)19.40 $1,100,000 $2,600,000 7 State Ave Watershed Improvement Ph-3 (Faculty Dr piping)18.50 $813,000 n/a 8 Medary Ave & Intersections of 1st St and 2nd St - Watershed Improvement 18.20 $8,000,000 n/a 9 State Ave Watershed Improvement Ph-4 (Village Square-Brickwood Plaza)17.70 $3,880,000 $5,510,000 10 Division Ave Ph-2 (Western Ave detention, channel improvements)17.60 n/a $850,000 11 17th Ave S and Pebble Beach Dr (downstream)17.50 $480,000 $1,200,000 12 Camelot Ph-3 (Hammond & Horner)17.40 completed w/ Ph-1 $3,100,000 13 Medary Avenue & 20th Street South (Phase 3 - boxes, detention, county)16.30 completed w/ Ph-2 $7,000,000 14 17th Ave S and Sawgrass Dr (Southland Ph-2 piping south)16.00 completed w/ Ph-1 $1,400,000 15 State Ave Watershed Improvement Ph-5 (Olwein piping)15.80 $160,000 n/a 16 SDSU Regional Detention Pond 15.30 n/a $750,000 17 West 20th Street South (with street project)14.60 $2,500,000 $2,900,000 18 5th Ave Drainage Improvement Ph-2 (Viaduct to 4th St)14.30 $1,400,000 n/a 19 Southland Lane & 12th Street South (Ph-3 piping north)13.90 completed w/ Ph-1 $1,250,000 20 15th St S & 7th Ave (Pheasants Nest Ph-2 ditch/piping w/street project)12.60 $2,243,431 $4,962,629