HomeMy WebLinkAbout2015_04_28 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, April 28, 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 2015-0241 Action to approve the March 17, March 24, April 7, and April 17 City
Council Minutes.
3/17/2015 Minutes
3/24/2015 Minutes
4/7/2015 Minutes
4/17/2015 Minutes
Attachments:
3.C.ID 2015-0296 Action on various appointments to City Boards, Committees and
Commissions.
3.D.ID 2015-0243 Action on appointment to the Business Improvement District #1 Board.
Page 1 City of Brookings
April 28, 2015City Council Meeting Agenda
3.E.ID 2015-0271 Action on appointments to Downtown Retail Acceleration Grant Program
Board.
3.F.ID 2015-0186 Action to approve appointments for the Ad Hoc Indoor Recreation
Center Committee.
3.G.ID 2015-0298 Action on Abatement for Parcel 40655-00000-002-00; Lot 2, Weichsel
Addition.
Support from Equalization OfficeAttachments:
3.H.RES 15-051 Action on Resolution 15-051, a Resolution authorizing Change Order #1
for the Fire Dept. Aerial Ladder Truck; Toyne Inc.
Resolution
Change Order #1
Attachments:
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 2015-0299 Introduction of Elliot Johnson, new Downtown Brookings, Inc. Director.
5.D.ID 2015-0300 First District Association of Local Governments Update.
First District Activities
Presentation
Attachments:
6. Contracts/Change Orders:
6.A.RES 15-042 Action on Resolution 15-042, a Resolution authorizing the Mayor to sign
Amendment No. 1 to Agreement Number 714148 for Federal Aviation
Administration Project No. AIP 3-46-0005-023-2010.
Resolution
Agreement
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.B.RES 15-043 Action on Resolution 15-043, a Resolution authorizing the Mayor to sign
an Agreement between the State of South Dakota Department of
Transportation and the City of Brookings for Project P 0014(177)421
PCN 546N, US Highway 14 Right-of-Way and Easements.
Page 2 City of Brookings
April 28, 2015City Council Meeting Agenda
Resolution
Agreement
Plat Maps
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.C.RES 15-045 Action on Resolution 15-045, a Resolution awarding the contract on
2015-03SSI, Division Avenue Drainage Improvement Project, Phase 2.
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.D.RES 15-048 Action on Resolution 15-048, a Resolution awarding the contract to
purchase Two Truck Chassis with Raise-able Flatbed Option for
Brookings Parks, Recreation and Forestry Dept.
Resolution
Bid Tab
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.E.RES 15-050 Action on Resolution 15-050, a Resolution awarding the contract for the
purchase of Playground Equipment for Dakota Prairie Elementary
School.
Resolution
Pricing and Schematics
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.F.RES 15-049 Action on Resolution 15-049, a Resolution rejecting bids for the Street
Department Maintenance Facility Demolition Project.
Resolution
Prussman Bid
Rounds Bid
Ahlers Bid
Attachments:
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 15-003 Introduction and First Reading of Ordinance 15-003, an Ordinance
rezoning for an Animal Research Facility as a permitted special use in
the I-1 and I-1R Industrial Districts.
Ordinance
Notice
Minutes and Summary
Attachments:
Page 3 City of Brookings
April 28, 2015City Council Meeting Agenda
7.B.ORD 15-007 Introduction and First Reading of Ordinance 15-007, an Ordinance
Revising Section 46-22 of Article II and pertaining to the Appointment of
Members to the Brookings Historic Preservation Commission in the city
of Brookings, SD.
OrdinanceAttachments:
7.C.ORD 15-006 Introduction and First Reading of Ordinance 15-006, an Ordinance to
change the zoning on Lots 1, 2, and 3, Block 4, Folsom Addition from a
Business B-3 District to a PDD Planned Development District.
Ordinance
Public Notice
Minutes and Summary
Rezoning map
Aerial view
IDP plan and profiles
Attachments:
8. Public Hearings and Second Readings:
8.A.ID 2015-0297 Public Hearing and Action on a temporary liquor application for the VFW
for a wedding reception at the National Guard Armory on May 8, 2015.
Legal NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.B.ID 2015-0246 Public Hearing and Action on a temporary liquor application for the
Brookings Volunteer Fire Association Street Dance to be held in the 300
Block of Main Avenue on July 18, 2015.
Legal NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.C.RES 15-040 Public Hearing and Action on Resolution 15-040, a Resolution
authorizing the City Manager to enter into an Operating Agreement for
an On-Sale Liquor License for Wonder, Inc., DBA The Wild Hare, Justin
Kirchhevel, Amy Kirchhevel, Todd Voss, David Kneip and Greg Kneip,
owners, 303 3rd Street, Brookings, South Dakota, legal description:
West 75 ‘of Lots 20 and 21, Block 3, Original Plat Addition.
Resolution
Operating Agreement
Public Notice
City Council Policy - Liquor Operating Agreements
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.D.ORD 15-005 Public Hearing and Action 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
Page 4 City of Brookings
April 28, 2015City Council Meeting Agenda
City of Brookings.
HR Ordinance - clean
HR Ordinance - marked
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
3/24/15 City Council read into the record
8.E.ORD 15-002 Public Hearing and Action 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.
OrdinanceAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
3/24/15 City Council read into the record
9. Other Business:
9.A.ID 2015-0237 Action on Recommendation from the Transportation Steering
Committee regarding Highway 14 improvement project from 22nd
Avenue to 34th Avenue.
Proposed Intersection DrawingAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2015-0283 Action on Final Report from the Transportation Steering Committee.
Final ReportAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.C.RES 15-044 Action on Resolution 15-044, a Resolution approving a Right-To-Occupy
Easement to Boys and Girls Club of Brookings, South Dakota.
Resolution
Easement
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.D.ID 2015-0293 Action on Preliminary Plat for Lots 1-17, Block 1, and Lots 1-14, Block 2,
Reserve Addition in the SW ¼ of Section 36-T110N-R50W.
Public Notice
Minutes and Summary
Preliminary Plat
Zoning Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.E.ID 2015-0294 Action on Preliminary Plat for Blocks 1-4, Voss-Kneip First Addition, SE
Page 5 City of Brookings
April 28, 2015City Council Meeting Agenda
¼, Section 11-T109N-R50W.
Public Notice
Minutes and Summary
Preliminary Plat
Preliminary Plat location
Urban service map
Zoning map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.F.ID 2015-0268 Action on 6th Street Lighting Upcharges.
Standard Lighting Estimate
Decorative Lighting Estimate
Street Light with Banner
Street Light
Attachments:
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.
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 6 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 2015-0241,Version:1
Action to approve the March 17, March 24, April 7, and April 17 City Council Minutes.
Attachments:
3/17/2015 Minutes
3/24/2015 Minutes
4/07/2015 Minutes
4/17/2015 Minutes
City of Brookings Printed on 4/22/2015Page 1 of 1
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Brookings City Council
March 17, 2015 (unapproved)
The Brookings City Council held a study session on Tuesday, March 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, Ope Niemeyer and Keith Corbett;
Council Member Tom Bezdichek was absent. City Attorney Steve Britzman, City
Manager Jeffrey Weldon and Deputy City Clerk Bonnie Foster were also present.
Discussion topics included the Master Drainage Plan Priority List, Annual Governance
& Ends Policy review, and City Council ex-officio reports.
Items for future discussion: Motion was made by Council Member Hansen, seconded
by Council Member Niemeyer, to add the formation of an Ad Hoc Indoor Recreation
Center Committee to the 3/24 Council Agenda. The motion carried by the following
vote: 6 – Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent – 1 –
Bezdichek.
Adjourn.A motion was made by Council Member Kubal, seconded by Council Member
Hansen, that the meeting be adjourned at 7:13 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST:Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
March 24, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, March 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 Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present; City
Attorney Steve Britzman was absent.
Consent Agenda.A motion was made by Council Member Kubal, seconded by Council
Member Niemeyer, 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 February 10, February 17, February 24 and March 3
City Council Minutes.
3.C. Action on Abatement for Parcel 40970-11050-361-05; 611 6th Street in the
amounts of $1,959.16 for 2012, and $2,040.46 for 2013.
3.D. 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, in the
amount of $115.14.
3.E. Action on Abatement of Drainage Fee for Parcel 40970-11050-361-05 in
Farmland Addition, Section 36-T110N-R50W, Brookings, in the amount of $48.46.
3.F. Action on Resolution 15-022, a Resolution designating Election Judges for
the April 14, 2015 Combined Municipal/School Board Election.
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.
3.G. Action on Resolution 15-020, a Resolution removing Uncollectible Accounts
Receivable from Records.
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.
3.H. Action on Resolution 15-021, a Resolution declaring Street Department
equipment as surplus property.
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.
3.I. Action on Resolution 15-032, a Resolution declaring Surplus Property of a
1990 Ford Van, VIN 1FBJS1H3LHA87777.
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.
3.J.RES 15-033 Action on Resolution 15-033, a Resolution declaring Surplus
Property of a 1990 Loftness Snowblower #397.
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.
City of Brookings Annual Financial Report. Rita Thompson, City Finance Officer,
presented the City of Brookings Annual Financial Report to the City Council.
Resolution 15-029. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, that Resolution 15-029, a Resolution awarding a contract for
the purchase of One New 74 HP Stump Cutter for the Parks, Recreation & Forestry
Dept., be approved. The motion carried by the following vote: Yes: 7 - Reed, Bezdichek,
Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
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: Vermeer Corp. for a base price of $39,245.00, with a trade-in value of
$5,000 on the 1992 Vermeer Stump Cutter, for a final quote price of $34,905.00 with
shipping of $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.
Resolution 15-028. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, that Resolution 15-028, a Resolution awarding a contract on
2015-08STI, Street Maintenance and Overlay Project, be approved. The motion carried
by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
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.
Resolution 15-030. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that 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), be approved. The motion carried by the following vote:
Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
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: TurfWerks, Johnson,
IA base bid of $38,716.00, with the Rogers covered-booms option for $43,507.00 and
the Sunshade Option of $486.00. 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.
Resolution 15-034. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that 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, be approved. The motion carried by the
following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
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: Play & Park Structures, Co. playground
equipment and furnishings in the amount of $48,116.50 (including shipping), and
poured-in-place surfacing in the amount of $83,470.52 (installed), for a total quote of
$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.
Resolution 15-035. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that Resolution 15-035, a Resolution awarding a contract for the
purchase of one new asphalt recycler and hot box spreader for the Street Department,
be approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek,
Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
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: Laursen Asphalt
Repair Equipment quote of $33,102.00 with 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.
Resolution 15-036. A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, that Resolution 15-036, a Resolution authorizing the purchase
of a 2015 Sander/Spreader off another governmental agency bid, be approved. The
motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
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.
Resolution 15-037. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 15-037, a Resolution authorizing the
purchase of a 2015 Truck Chassis off another governmental agency bid, be approved.
The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen,
Kubal, Niemeyer, and Thorpe.
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.
Resolution 15-039. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that Resolution 15-039, a Resolution to purchase a new one-ton
crew cab pickup off the State of South Dakota vehicle bid, be approved. The motion
carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
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.
Resolution 15-027. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, that Action on Resolution 15-027, a Resolution authorizing
the Mayor to sign an Agreement for FAA Flight Inspection Services, Runway 17-35, be
approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett,
Hansen, Kubal, Niemeyer, and Thorpe.
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 It 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.
Resolution 15-024. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-024, a Resolution for the Bridge
Reinspection Program for use with SDDOT Retainer Contracts, be approved. The
motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
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.
First Reading: Ordinance 15-005. A First Reading was held 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.
First Reading: Ordinance 15-002. A First Reading was held 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.
Temporary Liquor Application. A Public Hearing was held on a temporary liquor
application for Ray’s Corner for a wedding reception at the National Guard Armory on
May 16, 2015. A motion was made by Council Member Niemeyer, seconded by Council
Member Kubal, that the temporary liquor application be approved. The motion carried
by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
Resolution 15-023. A Public Hearing was held 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.
A motion was made by Council Member Hansen, seconded by Council Member Kubal,
to approve Resolution 15-023. The motion carried by the following vote: Yes: 7 - Reed,
Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
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.
Resolution 15-025. A motion was made by Council Member Niemeyer, seconded by
Council Member Kubal, that 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, be approved. The motion carried by the
following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
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 32nd 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.
Revised Preliminary Plat. A motion was made by Council Member Hansen, seconded
by Mayor Reed, that a revised Preliminary Plat for Christie Springs Addition, NW ¼,
Section 2-T109N-R50W, be approved. The motion carried by the following vote:Yes:7 -
Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Request for Parking. A motion was made by Council Member Kubal, seconded by
Council Member Corbett, that the request to allow parking on 20th Avenue between 6th
Street and 8th Street be approved. The motion carried by the following vote: Yes:7 -
Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution 15-038. A motion was made by Council Member Corbett, seconded by
Council Member Kubal, that Resolution 15-038, a Resolution authorizing an opt-out
provision for the financing of the hospital improvement project for Brookings Health
System, be approved. The motion carried by the following vote: Yes:7 - Reed,
Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
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.
Resolution 15-031. A motion was made by Council Member Kubal, seconded by
Council Member Thorpe, that Resolution 15-031, a Resolution to Name the Nature
Center at Dakota Nature Park be approved. The motion carried by the following vote:
Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
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.
Ad Hoc Citizens Committee. A motion was made by Council Member Niemeyer,
seconded by Council Member Hansen, to establish an Ad Hoc Citizens Committee to
investigate the feasibility of developing an Indoor Community Center. The motion
carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
Transportation Steering Committee Recommendation. A motion was made by
Council Member Corbett, seconded by Council Member Niemeyer, to accept the
recommendation from the Transportation Steering Committee and direct the City
Manager and staff to begin the planning process to pursue an interchange at 20th
Street South and Interstate 29 that will be done in phases, beginning wih an overpass.
The motion carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen,
Kubal, Niemeyer, and Thorpe.
Resolution 15-026. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that 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, be approved. The
motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
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, City of
Brookings, County of Brookings, State of South Dakota, be vacated.
Master Drainage Plan Priority List.A motion was made by Council Member Hansen,
seconded by Council Member Niemeyer, that the Master Drainage Plan Priority List be
approved. The motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett,
Hansen, Kubal, Niemeyer, and Thorpe.
Ranking Results
5-Yr Storm 100-Yr Storm
Rank Project Score Cost Cost
1 5th Ave Drainage Improvement Ph-1 (4th St
to 6th St)
22.9 $900,000 n/a
2 LeFevre Drive 22.5 $240,000 $330,000
3 6th Ave Viaduct Flood Warning System (inlet
reconstruction)
20.9 $120,000 n/a
4 State Ave Watershed Improvement Ph-2 (8th
St & 20th Ave piping)
20.7 $570,000 $870,000
5 State Ave Watershed Improvement Ph-1
(Jefferson piping)
20.1 $750,000 n/a
6 Camelot Ph-2 (Parkway Blvd)19.4 $1,100,000 $2,600,000
7 State Ave Watershed Improvement Ph-3
(Faculty Dr piping)
18.5 $813,000 n/a
8 Medary Ave & Intersections of 1st St and 2nd
St - Watershed Improvement
18.2 $8,000,000 n/a
9 State Ave Watershed Improvement Ph-4
(Village Square-Brickwood Plaza)
17.7 $3,880,000 $5,510,000
10 Division Ave Ph-2 (Western Ave detention,
channel improvements)
17.6 n/a $850,000
11 17th Ave S and Pebble Beach Dr
(downstream)
17.5 $480,000 $1,200,000
12 Camelot Ph-3 (Hammond & Horner)17.4 completed w/ Ph-1 $3,100,000
13 Medary Avenue & 20th Street South (Phase 3
- boxes, detention, county)
16.3 completed w/ Ph-2 $7,000,000
14 17th Ave S and Sawgrass Dr (Southland Ph-2
piping south)
16 completed w/ Ph-1 $1,400,000
15 State Ave Watershed Improvement Ph-5
(Olwein piping)
15.8 $160,000 n/a
16 SDSU Regional Detention Pond 15.3 n/a $750,000
17 West 20th Street South (with street project)14.6 $2,500,000 $2,900,000
18 5th Ave Drainage Improvement Ph-2 (Viaduct
to 4th St)
14.3 $1,400,000 n/a
19 Southland Lane & 12th Street South (Ph-3
piping north)
13.9 completed w/ Ph-1 $1,250,000
20 15th St S & 7th Ave (Pheasants Nest Ph-2
ditch/piping w/street project)
12.6 $2,243,431 $4,962,629
Adjourn. A motion was made by Council Member Kubal, seconded by Council Member
Hansen, to adjourn the meeting at 8:19 p.m. Motion carried by unanimous vote.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Brookings City Council
April 7, 2015 (unapproved)
The Brookings City Council held a special meeting on Tuesday, April 7, 2015 at 5:00
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 Jeff Weldon, and City Clerk
Shari Thornes were also present.
Temporary Alcohol.A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, that a Temporary Package Wine and Beer License for East
Central CASA Fire & Ice Auction and Gala to be held at the Swiftel Center on April 11,
2015 be approved. 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 5:03 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Brookings City Council
April 17, 2015 (unapproved)
The Brookings City Council held a special meeting on Friday, April 17, 2015 at 10:00
a.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Dan Hansen, Ope Niemeyer, John Kubal, and Tom Bezdichek; Council
members Keith Corbett and Jael Thorpe were absent. City Attorney Steve Britzman,
and City Clerk Shari Thornes were also present.
Resolution 15-041.A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Resolution 15-041, a Resolution Canvassing the April 14,
2015 Election, be approved. The motion carried by the following vote: Yes: 5 - Reed,
Bezdichek, Hansen, Kubal, and Niemeyer; Absent - Corbett and Thorpe.
Resolution No. 15-041 - Canvassing the April 14, 2015 Municipal Election
Whereas, on the 14th day of April, 2015, there was held in the City of Brookings, South
Dakota, an election for the purpose electing a Mayor and two City Council Members;
and
Whereas, the judges and clerks of said election have returned to the City Council of the
City of Brookings the official results for the purpose of the Official Canvass; and
Whereas, the City Council on April 17, 2015 has canvassed the results for the purpose
of determining the official election outcome; and
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that the official vote at the City Election held April 14, 2015 was as follows:
Mayor
3 Year (1)
Keith W.
Corbett
Tim
Reed
Over
Votes
Under
Votes
Total
Ballots
Cast
School
Only
Ballots
Cast
Total
Votes
Cast
Vote Center 1 274 484 0 13 815 44 771
Vote Center 2 519 761 0 13 1,324 31 1,293
Vote Center 3 108 126 0 6 266 26 240
Vote Center 4 0 3 0 0 60 57 3
Absentee 135 248 0 8 409 18 391
Provisional Ballot 0 1 0 0 1 0 1
TOTAL 1,036 1,623 0 40 2,875 176 2,699
City Council
3 Year (2)
Patty
Bacon
Lyle
Bowes
John L.
Kubal
Scott
Meyer
Over
Votes
Under
Votes
Total
Ballots
Cast
School
Only
Ballots
Cast
Total
Votes
Cast
Vote Center 1 395 301 277 412 18 139 815 44 1,542
Vote Center 2 455 577 572 680 34 268 1,324 31 2,586
Vote Center 3 101 108 98 128 6 39 266 26 480
Vote Center 4 2 1 2 1 0 0 60 57 6
Absentee 181 140 166 196 6 93 409 18 782
Provisional Ballot 0 0 0 1 0 1 1 0 1
TOTAL 1,134 1,127 1,115 1,418 64 540 2,875 176 5,397
2,875 indicated on grand total ballots cast, however, this includes 176 school-only ballots cast.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Kubal, that the meeting be adjourned at 10:17 a.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 2015-0296,Version:1
Action on various appointments to City Boards, Committees and Commissions.
Summary:
Mayor Tim Reed has submitted the following appointment recommendations for City Council advice
and consent:
Airport Board
Number of positions:1
Term Length:5 years
Residency Requirement:City required for majority
The Airport Board gives recommendations to city staff for the management, supervision, regulations,
and care for the Brookings Regional Airport. Any rules or regulations are subject to approval of the
City Manager.
Mayor’s Recommendation
1.Appoint Jason Baker
Brookings Committee for People who have Disabilities
Number of positions:1 (student representative)
Term Length:1 year
Residency Requirement:Required for 7 members
The Brookings Committee for People who have Disabilities strives to advocate for the rights of
people who have disabilities in our community. Throughout the year, specific events are held to bring
awareness and information to our citizens. Technical assistance is provided to the business
community, private individuals, governmental entities and nonprofit organizations. This is a service
not provided by any other entity in Brookings. The goals of this service are to improve the quality of
life for people who have disabilities through enhancing the knowledge base of entities in the
community; and to further serve as a community-based advocacy group enhancing the ability of local
entities to comply with Federal Civil Rights legislation.
Mayor’s Recommendation:
1.Reappoint Shawn Minor (Student Representative)
Historic Preservation Commission
Number of positions:6
Term Length:3 years
Residency Requirement:Required
The purpose of the Historic Preservation Commission is to allow the city to engage in a
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File #:ID 2015-0296,Version:1
comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment
of the citizens of Brookings through identification, documentation, preservation, promotion, and
development of the city’s historic resources.
Mayor’s Recommendation:
1.Reappoint Les Rowland
2.Reappoint Janet Merriman
3.Reappoint Janet Gritzner
4.Appoint Sara Lum
5.Appoint Greg Heiberger
6.Appoint Angela Boersma
Human Rights Committee
Number of positions:1 (Student Representative)
Term Length:1 years
Residency Requirement:Not required
The Human Rights Committee has the power to investigate alleging discrimination. Other programs
include:
·The study of the existence, character, causes and extent of discrimination in employment,
housing and public accommodations, property rights, education and public services.
·Advise and provide a forum for those subjected to unfair and discriminatory practices in the
City and County.
·Advise City officials concerning issues of discrimination.
·Conducting educational programs and disseminates information to further the committee’s
policy to eliminate discrimination in the city.
Mayor’s Recommendation:
1.Appoint Kanbi Knippling (Student Representative)
Park & Recreation Board
Number of positions:1 (High School Student Representative)
1 (College Student Representative)
1
Term Length:3 years (except student positions - 1 year)
Residency Requirement:Not required
The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to
assist in fulfilling the administering of the public park system, recreation programs and city forestry
program. The Board also advises the City Council and makes recommendations on matters
regarding park capital improvements and planning.
Mayor’s Recommendation:
1.Reappoint Beau Bordewyk (High School Student Representative)
2.Appoint Brian Brunner
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File #:ID 2015-0296,Version:1
Utility Board
Number of positions:1
Term Length:5 years
Residency Requirement:Required (resident and land owner)
The Utility Board is an administrative body responsible for the management and control of the
electric, water, wastewater and telephone utilities of the City of Brookings.
Mayor’s Recommendation:
1.Reappoint Carol Pitts
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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 2015-0243,Version:1
Action on appointment to the Business Improvement District #1 Board.
Summary:
The Mayor is recommending the appointment of Kate Treiber to the Business Improvement District
#1 Board. Term: 4/28/2015-1/1/2020
Business Improvement District #1 Board
Term:3 year
Residency:Not required
The Business Improvement District #1 board is responsible to prepare a plan of improvements for a
district and provide improvement recommendations to the City Council. The boundaries of Business
Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25
or more rooms situated within the corporate limits of the City of Brookings.
Recommendation:
Approve
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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 2015-0271,Version:1
Action on appointments to Downtown Retail Acceleration Grant Program Board.
Summary:
Pursuant to your adoption of the Downtown Retail Acceleration Grant Program to be administered by
BEDC, the program provides for the City Council appointment of members to an Application Review
Board. BEDC has submitted the following recommendations and is requesting your approval.
Mayor or appointee:Council Member Jael Thorpe
BEDC Board Rep:Tim Peters
DBI Board Rep:Chad Broksieck
Interior Designer:Nancy Lyons (alternate Angela Boersma)
Three area business leaders:Tom Yseth
Julie Underwood
Dave Jones
Recommendation:
Staff recommends approval.
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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 2015-0186,Version:1
Action to approve appointments for the Ad Hoc Indoor Recreation Center Committee.
Summary:
Mayor Reed and Council Member Hansen have submitted the following appointment
recommendations for the Ad Hoc Indoor Recreation Center Committee.
1.School District - Randy Soma
2.Park Board - Brittany Kleinsasser
3.Hospital - Justin Sell
4.CVB - Jennifer Johnson
5.Council - Council Member Dan Hansen
6.At-large - Mark Binkley
7.At-large - Gus Theodosopoulus
8.At-large - Matt Vukovich
9.At-large - Becka Foerster
City of Brookings Printed on 4/22/2015Page 1 of 1
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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 2015-0298,Version:1
Action on Abatement for Parcel 40655-00000-002-00; Lot 2, Weichsel Addition.
Summary:
This will authorize Brookings County to identify this property for tax exempt status.
Background:
The Equalization Office has studied the tax exempt form for this property and discovered it was filled
out incorrectly. This property should have been eligible for tax exempt status.
Fiscal Impact:
Amount to abate for 2014 /pay 2015 is $316.66.
Recommendation:
Staff recommends approval.
Attachments:
Support from Equalization Office
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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 15-051,Version:1
Action on Resolution 15-051, a Resolution authorizing Change Order #1 for the Fire Dept. Aerial
Ladder Truck; Toyne Inc.
Summary:
The City Council awarded a contract for the purchase of a replacement aerial ladder truck for the Fire
Department under Resolution 15-004 to Allegiant Emergency Services in the amount of $673,270.00.
As the truck is being assembled, it has been determined several minor, technical changes are
needed, which is often the case. Those items are itemized in the attachment. Staff has already
executed the change order to keep the assembly on schedule, but council action is needed to amend
the purchase price.
Fiscal Impact:
Net increase in the contract of $93.00.
Attachments:
Resolution
Change Order #1
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Resolution No. 15-051
Resolution authorizing Change Order No. 1
for the Fire Dept. Aerial Ladder Truck; Toyne, Inc.
Be It Resolved by the City Council that the following change order be allowed for the
Fire Dept. Aerial Ladder Truck:
Change Order Number 1: Adjust contract to allow for technical changes as
needed for a total increase of $93.00.
Passed and approved this 28th day of April, 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 2015-0299,Version:1
Introduction of Elliot Johnson, new Downtown Brookings, Inc. Director.
City of Brookings Printed on 4/22/2015Page 1 of 1
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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 2015-0300,Version:1
First District Association of Local Governments Update.
Summary:
Presentation by Todd Kays, Executive Director.
Attachments:
First District Activities
Presentation
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2014 BROOKINGS COUNTY ACTIVITIES
Brookings County
County Address Range GIS Data Set Maintenance (SD One Call data set)
County Road Centerline GIS Data Set Maintenance (SDDOT data set)
Attend Monthly Brookings County Planning Commission Meetings
Assisting with the development of Brookings County Comprehensive Land Use Plan
Developing South Dakota Department of Ag County Site Analysis project
Prepared County Hazardous Materials Plan – Project submitted September 2014 –Project was funded by a SD Office of
Emergency Management Grant of $2,600 grant awarded in 2014
Obtained District-wide grants for economic development and GIS Training –Brookings County Share - $7,467
City of Brookings
Assisting in the administration of SDDENR SRF loan for Storm Drainage Improvements -Division Avenue Drainage Project
awarded $1.57 million loan in 2014.
Administering in the administration of CDBG Grant for Brookings Boys and Girls Club – Project awarded $412,000 grant awarded
in 2012.
Assisting in the administration of CWFCP Grant and SDDENR SRF Loan for Brookings Municipal Utilities sanitary sewer project –
Project awarded $1,000,000 Consolidated grant and $30.6 million SDDENR SRF loan 2012.
Prepared environmental review for Inter-Lakes Community Action Partnership (ICAP) for affordable housing development in
Brookings
Obtained District-wide grants for economic development and GIS Training City of Brookings Share - $4,605
Sinai
Administering SDDENR SRF Grant and Loan programs for Sanitary Sewer Lagoon and collection system project. Sinai received
$1,000,000 CWFCP Grant and $500,000 SRF loan with $100,000 principal forgiveness in 2014
Volga – Developing Comprehensive Land Use Plan and Zoning Ordinance
Miscellaneous
Participated Brookings County Commute Region Stronger Economies Together economic development planning process
Assisted Brookings Economic Development Corporation with the submission of a GOED Economic Development Partnership
Grant –BEDC received $84,000 grant to replenish RLF
Zoning Administration assistance: Aurora, Elkton, White, Volga, Brookings County
BROOKINGS COUNTY
FY 2014 Grants Awarded: $1,110,067
FY 2014 County and Municipal Dues: $50,917
FY 2014 ROI: $21.80
FY 2008-14 Grants Awarded: $ 8,944,481
FY 2008-14 County and Municipal Dues: $314,700
FY 2008-14 ROI: $28.42
Return on Investment FY 2008-2014 (Based upon Brookings County and municipality 2008-2014 dues - $314,700): $28.42–
Therefore for every dollar of dues paid in FY 2008-2014, the District assisted in generating $28.42 Federal and State grant funding
CITY OF BROOKINGS
FY 2014 Grants Awarded: $4,605
FY 2014 Dues: $8,626
FY 2014 ROI: $0.53
FY 2008-14 Dues:$49,513
FY 2008-14 Grants Awarded:$4,958,420
FY 2008-14 ROI:$100.14
Return on Investment FY 2008-2014 (Based upon City of Brookings 2008-2014 dues -$49,513): $100.14 – Therefore for every dollar
of dues paid in FY 2008-2014, the District assisted in generating $100.14 Federal and State grant funding.
First District Association of
Local Governments
First District Stats:
Established in 1971
Mission:11 counties and 75
communities working together to
improve the quality of life within
our region
Member Counties include:
Brookings, Clark, Codington,
Deuel, Grant, Hamlin,
Kingsbury,Lake, Miner, Moody
and Roberts
Population: 115,878 (2010)
Geographic Area: 7,851sq. Mi.
First District’s Governing Body:
First District is governed by a public body
known as the “Governing Body”.
The Governing Body is responsible for
establishing District goals and policies.
Governing Body composed of:
– 1 county commissioner from each county
(Stephne Miller)
– 1 elected municipal representative from each
county (Fred Weekes)
– 1 at-large member from each county
(Mike Bartley)
– Chairmen of Flandreau Santee Sioux Tribe
and Sisseton Wahpeton Tribe
Fee for Service
52%Dues
23%
State & Federal
Contracts
25%
FY 2015 District Funding
Staff…
180 Years of Cumulative Experience
with First District
Years Months
Todd A. Kays Executive Director 21 8
Greg Maag Economic Development Officer 22 7
Ted Haeder Economic Development Officer 9 3
Ryan Hartley GIS Coordinator 19 8
Darin Stein Senior GIS Analyst 16 1
Amy Arnold GIS Specialist 7 0
Luke Muller Planner 6 2
Paula Hulscher FDDC Executive Vice President 20 2
Amy Waite FDDC Loan Officer 10 4
Katie Carter FDDC Assistant Loan Officer 5 1
Tiffany Stormo FDDC Assistant Loan Officer 2 1
Jan McNamara Office Manager 41 1
Planning District Work Areas
Application Packaging (hundreds of
proposals per year)
Project Administration
(red tape management)
Planning and Research
(zoning, surveys, studies)
Technical and Financial Specialties (TIFs,
GIS, RLFs)
Program Support and Promotion (state
and federal infrastructure programs)
District
Results
Provide project services at costs under private sector
2014 Dues: $237,142
Grants/Principal Forgiveness FY 2014 -$6,993,730
Return on Investment FY 14: $29.49
Return on Investment FY 13: $30.92
Return on Investment FY 12: $20.45
Return on Investment FY 11: $4.67
Return on Investment FY 10: $30.47
Return on Investment FY 09: $41.97
Return on Investment FY 08: $26.29
Average Return on Investment FY 08-14: $26.21
Brookings County
Results
(Grants)
2014 Dues: $50,917 Dues (08 to 14: $314,700)
Grants/Principal Forgiveness FY 14: $1,110,067
Grants/Principal Forgiveness FY 08 to 14: $8,944,481
Return on Investment FY 14: $21.80
Return on Investment FY 13: $12.28
Return on Investment FY 12: $32.05
Return on Investment FY 11: $0.51
Return on Investment FY 10: $31.19
Return on Investment FY 09: $24.77
Return on Investment FY 08: $85.83
Average Return on Investment FY 08 to 14: $28.42
City of
Brookings
Results
2014 Dues: $8,626 (08 to 14: $49,513)
Grants/Principal Forgiveness FY 14: $4,605
Grants/Principal Forgiveness FY 08 to 14 –$4,958,420
Return on Investment FY 14: $0.53
Return on Investment FY 13: $0.52
Return on Investment FY 12: $197.01
Return on Investment FY 11: $0.00
Return on Investment FY 10: $10.23
Return on Investment FY 09: $19.44
Return on Investment FY 08: $568.48
Average Return on Investment FY 08-14: $100.14
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 15-042,Version:1
Action on Resolution 15-042, a Resolution authorizing the Mayor to sign Amendment No. 1 to
Agreement Number 714148 for Federal Aviation Administration Project No. AIP 3-46-0005-023-2010.
Summary:
This resolution will authorize the Mayor to sign Amendment No. 1 to Agreement Number 714148 for
Federal Aviation Administration Project No. AIP 3-46-0005-023-2010.
Background:
The City has completed Brookings Regional Airport Project AIP #3-46-0005-023-2010, which
included wildlife fencing improvements for the Brookings Regional Airport. The Federal Aviation
Administration amended the federal grant during the construction project. However, the State of
South Dakota’s portion of the grant had not been amended. This resolution will authorize the State of
South Dakota’s total share of the grant to be $11,437.71. The State of South Dakota will pay
$187.71 to the City of Brookings, which is the outstanding State match. This resolution does not
require any payment by the City of Brookings, as the City match was paid during the project.
Fiscal Impact:
The City will receive $187.71 from the State of South Dakota for their outstanding share of the
project.
Recommendation:
Recommend approval of the resolution.
Attachments:
Resolution
Agreement
City of Brookings Printed on 4/22/2015Page 1 of 1
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Resolution 15-042
Resolution Authorizing the Mayor to Sign Amendment No. 1
to Agreement Number 714148 for
Brookings Regional Airport Project No. AIP #3-46-0005-023-2010
Whereas, the Brookings City Council desires South Dakota Department of
Transportation assistance with the Brookings Regional Airport Project No. AIP #3-46-
0005-23-2010; and
Whereas, Project No. AIP #3-46-0005-023-2010 involved wildlife fencing improvements
at the Brookings Regional Airport and the work has been completed.
Now, Therefore Be It Resolved that the Mayor of the City of Brookings is authorized to
sign Amendment Number 1 to Agreement Number 714148 to amend the State’s Total
Share for Project No. AIP #3-46-0005-023-2010.
Dated this 28th day of April, 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 15-043,Version:1
Action on Resolution 15-043, a Resolution authorizing the Mayor to sign an Agreement between the
State of South Dakota Department of Transportation and the City of Brookings for Project P 0014
(177)421 PCN 546N, US Highway 14 Right-of-Way and Easements.
Summary:
This resolution will authorize the Mayor to sign right of way and easement documents, and an
agreement between the State of South Dakota Department of Transportation and City of Brookings
for Project P 0014(177)421 PCN 546N.
Background:
The State of South Dakota Department of Transportation (SDDOT), is designing US Highway 14
from west of 22nd Avenue to east of 34th Avenue. The SDDOT is negotiating and acquiring highway
right of way and easements for the project. The City will, at no cost to the City, accept the right of
way acquired in fee simple interest. This resolution will authorize the Mayor to sign the right-of-way
documents, easement documents and the Agreement between the Department of Transportation and
City of Brookings for Project P 0014(177)421 PCN 546N.
Recommendation:
Recommend approval of the resolution.
Attachments:
Resolution
Agreement
Plat Maps
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Resolution No. 15-043
A Resolution Authorizing the Mayor to Sign an Agreement between State of South
Dakota Department of Transportation and City of Brookings for Project P
0014(177)421 PCN 546N; US Highway 14 Right of Way and Easements
Whereas, the Brookings City Council desires the construction improvement of Project P-
PH 0014(177)421 PCN 546N, US Highway 14 from west of 22nd Avenue to east of 34th
Avenue in Brookings, SD; and
Whereas, the City of Brookings desires the State of South Dakota Department of
Transportation to negotiate and acquire property for highway purposes for construction
of Project P-PH 0014(177)421 PCN 546N; and
Whereas, the City of Brookings is obligated and hereby agrees to the provisions
outlined in the Agreement between the State of South Dakota Department of
Transportation and the City of Brookings.
Now, Therefore Be It Resolved, that the Mayor is hereby authorized to sign Right of
Way and Easement Documents and the Agreement between the South Dakota
Department of Transportation and the City of Brookings for Project Number P-PH
0014(177)421 PCN 546N.
Dated this 28
th day of April, 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 15-045,Version:1
Action on Resolution 15-045, a Resolution awarding the contract on 2015-03SSI, Division Avenue
Drainage Improvement Project, Phase 2.
Summary:
This resolution will award bids for 2015-03SSI, Division Avenue Drainage Improvement Project,
Phase 2.
Background:
The Division Avenue Drainage Improvement Project, Phase 2, is located west of Division Avenue on
the north side of West 2nd Street South near the Brookings Regional Airport as shown on the
attached map. The project was designed by Civil Design, Inc. (CDI) and will involve installing
concrete valley gutter on the west side of Western Avenue adjacent to the Rainbow Play Systems
property. The project will be funded with a State Revolving Fund Loan through the SDDENR, with a
repayment term of 3% interest for 20 years. The project is scheduled to be completed by October 1,
2015.
The City held a bid letting at 1:30 PM on Tuesday, April 14, 2015, at the Brookings City & County
Government Center and the following bids were received:
Timmons Construction, Inc., Brookings, SD:$177,331.25
The low bid of Timmons Construction, Inc. was approximately 34% higher than the Civil Design Inc.
Engineer’s Estimate which was $132,000.00. The City Engineer reviewed the CDI estimate and the
costs for the concrete head walls were estimated lower than past City bids. In addition, other
contractors have indicated they have very busy schedules this year and were not interested in
bidding on this project. The City would like to complete this project so the SDDENR loan may be
finalized after the project is completed. The project bid proposal is being reviewed by the SDDENR
at the time of this memo. Approval of this resolution will award the project to Timmons Construction,
Inc. of Brookings, SD for the low bid of $177,331.25, contingent upon SDDENR approval.
Fiscal Impact:
The City will enter into a contract with Timmons Construction, Inc. for the low bid amount of
$177,331.25.
Recommendation:
Recommend awarding the project to Timmons Construction, Inc. for the low bid of $177,331.25.
Attachments:
Resolution
Map
City of Brookings Printed on 4/22/2015Page 1 of 2
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File #:RES 15-045,Version:1
City of Brookings Printed on 4/22/2015Page 2 of 2
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Resolution 15-045
Resolution Awarding Bids for
2015-03SSI Division Avenue Drainage Improvement Project, Phase 2
Whereas, the City of Brookings opened bids for 2015-03SSI Division Avenue Drainage
Improvement Project, Phase 2, on Tuesday, April 14, 2015 at 1:30 pm at the Brookings
City & County Government Center; and
Whereas, the City of Brookings has received the following bids for 2015-03SSI Division
Avenue Drainage Improvement Project, Phase 2: Timmons Construction, Inc.:
$177,331.25.
Now Therefore, Be It Resolved that the project be awarded to the low bid of Timmons
Construction, Inc. for $177,331.25, contingent on South Dakota Department of
Environmental and Natural Resources approval.
Passed and approved this 28th day of April, 2015.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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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 15-048,Version:1
Action on Resolution 15-048, a Resolution awarding the contract to purchase Two Truck Chassis
with Raise-able Flatbed Option for Brookings Parks, Recreation and Forestry Dept.
Summary:
On April 14, 2015, a bid opening was held for Two Truck Chassis with Raise-able Flatbed Option for
Brookings Parks, Recreation and Forestry Dept. See attached Bid Tab for details.
The department utilizes flatbed trucks for medium duty hauling of materials such as soil, gravel and
rock for landscaping and disposal when materials are removed from a site. These new trucks will
replace two 1991 GMC 3500 flatbed trucks, which will be declared surplus and sold.
The Parks Dept. capital budget for this expenditure is $96,000.00.
Recommendation:
The Brookings Parks, Recreation & Forestry Dept. recommends that the bid from Einspahr Auto
Plaza of Brookings, SD in the amount of $81,476.00 be accepted.
Attachments:
Bid Tab
Resolution
City of Brookings Printed on 4/22/2015Page 1 of 1
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Resolution 15-048
Awarding a Contract for the purchase of Two Truck Chassis with Raise-able
Flatbed Option for Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, April 14,
2015; and
Whereas, the City of Brookings has received the following bids (UL = Unleaded, D =
Diesel):
Company Schedule 1 Bid Price Schedule 2 Bid Price
(Chassis Only)(with Flatbed Option)
Einspahr Auto Plaza $59,676.00 UL $81,476.00 UL
of Brookings, SD
Boyer Trucks $53,616.00 UL $91,312.00 D $88,008.00 UL
of Sioux Falls, SD $67,456.00 D $91,350.00 D $88,046.00 UL
*Schedule 2 Boyer Trucks bid included two different hoist designs which were bid
separately.
The Parks Dept. capital budget for this expenditure is $96,000.00.
Now Therefore, Be it Resolved that the bid from Einspahr Auto Plaza of Brookings, SD
in the amount of $81,476.00 be accepted.
Passed and approved this 28th day of April, 2015.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
Two Truck Chassis with Raise-able Flatbed Option for Brookings Parks, Recreation and Forestry Dept. (Parks Dep
Brookings Parks, Recreation and Forestry Dept.
Bid Let: Tuesday, April 14, 2015, 1:30pm
Bidder/Company Einspahr Auto Plaza
Brookings, SD
Bid Bond/Cashiers Check Incl.Incl.Incl.
Unleaded (2015)Diesel (2016)Unleaded (2016)
Schedule I Base Bid (Chassises Only)$59,676.00 $67,456.00 $53,616.00
Schedule 2 Base Bid (Chassises with $81,476.00 * $91,312.00 * $88,008.00
Raise-able Flatbed Option)* $91,350.00 * $88,046.00
Addendums NA NA NA
*Schedule 2 Boyer bid included two different hoist designs which were bid separately.
The 2015 Parks CIP Budget for this expenditure is $96,0002015 CIP Budget for this Expenditure
Boyer Trucks, Sioux Falls, 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 15-050,Version:1
Action on Resolution 15-050, a Resolution awarding the contract for the purchase of Playground
Equipment for Dakota Prairie Elementary School.
Summary:
The playground equipment and poured-in-place surfacing for Dakota Prairie School is being
purchase through a contract with The Cooperative Purchasing Network and Dakota Fence. The
Cooperative Purchasing Network offers a multitude of cooperatively contracted products, equipment
and service opportunities to education and government entities throughout the country. The contract
is for $353,852.72 for the equipment and surfacing. The playground equipment installation will be
performed through a community build project with volunteers.
The Dakota Prairie School playground is being developed through a partnership between the
Brookings School District and Brookings Parks, Recreation & Forestry Dept. The City is providing
$150,000 through the Parks Dept. capital budget for this purchase. The Brookings School District is
providing $203,852.72 and will reimburse the City for that amount toward the contract.
Playground expense is an eligible expense in the Tax Increment Plan for Tax Increment District 7 so
increment generated through private development will be able to reimburse the Public Improvement
Fund for this amount.
Recommendation:
The Brookings Parks, Recreation & Forestry Dept. recommends the contract from The Cooperative
Purchasing Network and Dakota Fence in the amount of $353,852.72 be accepted.
Attachments:
Resolution
Pricing for Equipment and Schematics
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Resolution 15-050
Action Awarding a Contract for Purchase of New Playground Equipment and
Poured-in Place Surfacing for Dakota Prairie Elementary School
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 Dakota Fence:
Company Playground Equip./Furnishings Poured-in-Place Surfacing
Dakota Fence $204,352.72 including shipping $149,500.00 installed
Total: $353,852.72
The Parks Dept. capital budget for this expenditure is $150,000.00.
Now Therefore, Be it Resolved that the contract from the Dakota Fence and from The
Cooperative Purchasing Network in the amount of $353,852.72 be accepted.
Passed and approved this 28th day of April, 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 15-049,Version:1
Action on Resolution 15-049, a Resolution rejecting bids for the Street Department Maintenance
Facility Demolition Project.
Summary:
This resolution will reject bids for the Street Maintenance Facility Demolition Project.
Background:
This project is part of building the new Brookings Street Department Maintenance Facility. This
portion of the project pertains to Demolition only.
The bid letting for this project was held on Tuesday, April 14, 2015 in the Brookings City & County
Government Center and the City received the following bids:
VJ Ahlers Excavation $49,920.92
Prussman Contracting $62,245.00
Rounds Construction $84,000.00
The low bid of $49,920.92 is from VJ Ahlers Excavation.
VJ Ahlers Excavation did not initial on their bid tab sheet that they acknowledged receipt of the
addendum. The addendum involved instructions regarding capping off of utilities and additional
contractor hauling. After discussion with the City Attorney, we believe the best course of action is to
reject all bids and re-bid the project. This should not complicate the construction schedule.
Fiscal Impact:
This project will be funded from the Brookings Street Department Maintenance Facility Construction
budget.
Recommendation:
Recommend all bids be rejected.
Attachments:
Resolution
Contractor Bid Tab sheets
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Resolution No. 15-049
Resolution Rejecting Bids on Street Department
Maintenance Facility Demolition Project
Whereas, the City of Brookings opened bids for Street Department Maintenance Facility
Demolition Project, on Tuesday, April 14, 2015 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the Street
Department Maintenance Facility Demolition Project: Prussman Construction,
Brookings, SD - Base Bid and Alternate #1 (Utility Cap off and Material Hauling):
$62,245.00; VJ Ahlers Excavating, Brookings, SD - Base Bid $49,920.92, Alternate #1
(Utility Cap off and Material Hauling), was not addressed in bid documents; Rounds
Construction, Brookings, SD - Base Bid and Alternate #1 (Utility Cap off and Material
Hauling): $84,000.00; and
Whereas, the low bid of VJ Ahlers did not acknowledge the addendum on the bid
proposal and the addendum was for additional work that would have altered the price of
the bid.
Now Therefore, Be It Resolved that all bids for Street Department Maintenance Facility
Demolition Project be rejected.
Passed and approved this 28th day of April, 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 #:ORD 15-003,Version:1
Introduction and First Reading of Ordinance 15-003, an Ordinance rezoning for an Animal Research
Facility as a permitted special use in the I-1 and I-1R Industrial Districts.
Proposal: Permit an animal research facility to be established provided certain performance
standards are met.
Background: Many uses in industrial districts are permitted under general definitions that address
manufacturing, assembling and packaging, processing and other similar uses. This is common since
the creation of industry specific definitions is unnecessary in most situations.
Specifics: The proposed amendments have been drafted in order to address certain aspects of an
animal research facility use that could impact adjacent uses. The performance standards would
allow the city to regulate certain elements with a “nuisance potential” that are invariably a part of this
type of use. These restrictions would generally involve outside activities.
Recommendation:
The Planning Commission voted 8 yes and 0 no to recommend approval of the amendments.
Attachments:
Ordinance
Notice
Planning Commission Minutes & Summary
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Ordinance 15-003
An Ordinance Amending the Zoning Ordinance of the City of Brookings and
pertaining to an Animal Research Facility for the purposes of administration of
the Zoning Ordinance
Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that
Chapter 94, Zoning shall be amended as follows:
Section 1.
ARTICLE I. – IN GENERAL
Sec. 94-1. – Definitions
Animal research facility: A building where experimentation is undertaken for the
collection of information on livestock species such as, but not limited to, sheep, goats,
pigs, cattle, and horses.
Section 2.
ARTICLE III. – ZONING DISTRICTS ESTABLISHED; ZONING MAP
DIVISION 1. – GENERALLY
Sec. 94-136. – Industrial I-1 light district
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(10) Animal research facility
a. All processes and experimentation must be confined within an
enclosed building
b. Animal loading, unloading, and confinement areas must be completely
within an enclosed building at all times
c. No outside manure storage is permitted and a waste disposal plan
must be approved
d. All buildings used to house animals shall be insulated to reduce noise
and designed to reduce or eliminate odors
Section 3.
DIVISION 2. – OVERLAY DISTRICTS
Sec. 94-161. – Industrial I-1R restricted district
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(3)Animal research facility
a. All processes and experimentation must be confined within an
enclosed building
b. Animal loading, unloading, and confinement areas must be completely
within an enclosed building at all times
c. No outside manure storage is permitted and a waste disposal plan
must be approved
d. All buildings used to house animals shall be insulated to reduce noise
and designed to reduce or eliminate odors
Section 4.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:April 28, 2015
Second Reading:
Published:
CITY OF BROOKINGS, SOUTH DAKOTA
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@38064CE0\@BCL@38064CE0.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 A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments
to Chapter 94, Zoning, pertaining to an animal research facility as a permitted special use in
the industrial districts.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, April 7, 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 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.
Dated this 27th day of March, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
MINUTES
The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to
an animal research facility as a permitted special use in the Industrial I-1 and I-1R
Districts.
(Heuton/DeKraai) Motion to approve the amendments. All present voted aye. MOTION
CARRIED.
SUMMARY
Hanson stated the zoning amendments were designed to create specific regulations for
an animal research facility rather than continuing to allow the use under the general
umbrella of a “processing” use in the industrial districts. Animal research facilities
existed primarily on SDSU land but were becoming more prevalent due to the
importance of large animal research.
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 15-007,Version:1
Introduction and First Reading of Ordinance 15-007, an Ordinance Revising Section 46-22 of Article
II and pertaining to the Appointment of Members to the Brookings Historic Preservation Commission
in the city of Brookings, SD.
Summary:
The state law pertaining to Historic Preservation Commission residency requirements was changed
in the last legislative session. Brookings Representative Scott Munsterman and Senator Larry
Tidemann were sponsors of the bill. Ordinance 15-007 is an amendment modifying residency
requirements for volunteers serving on the Historic Preservation Commission.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
City of Brookings Printed on 4/23/2015Page 1 of 1
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Ordinance 15-007
An Ordinance Revising Section 46-22 of Article II and pertaining to the
Appointment of Members to the Brookings Historic Preservation Commission in
the city of Brookings, SD.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
ARTICLE II.
HISTORIC PRESERVATION COMMISSION
Sec. 46-22. - Manner of appointment, composition, terms.
(a) Members of the BHPC shall be appointed by the mayor, with the advice and
consent of the council, for three year terms commencing in January.
Members may be appointed for additional terms not exceeding three years.
(b)The BHPC shall consist of not less than seven nor more than ten members,
who shall be appointed with due regard to proper representation of such
fields as history, architecture, urban planning, paleontology, archaeology
and law. All members of the BHPC must reside within the city. A majority of
the members of the BHPC shall be residents of the city.Where possible,
property owners from each historic district shall be considered for
membership.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:April 28, 2015
Second Reading:
Published:
CITY OF BROOKINGS, SD
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 15-006,Version:1
Introduction and First Reading of Ordinance 15-006, an Ordinance to change the zoning on Lots 1, 2,
and 3, Block 4, Folsom Addition from a Business B-3 District to a PDD Planned Development District.
Proposal: Create a mixed-use development consisting of retail and apartment uses.
Background: This neighborhood has consisted of residential, commercial, and industrial uses since
the early years of Brookings. Its location along a major right-of-way and its proximity to the
downtown and the railroad mainline has resulted in a hodgepodge of building styles and setbacks.
The 1966 Zoning Ordinance established a B-3 commercial corridor on the west side of Main Avenue
that started at Folsom Street and ended near 12th St. So. It also zoned most of the land that was not
abutting Main Avenue but adjacent to the Folsom St. / Main Avenue area to industrial.
Despite the attempt to eliminate residential uses in this area through rezoning 50 years ago, the west
portion of the Folsom Addition (1 block west of Main) was rezoned back to residential and a few
houses (non-conforming) remain with frontage on Main Avenue.
The three lots involved with this rezoning consist of a house and detached garage on the corner lot, a
business use on the lot in the middle, and a vacant lot on the south end. A house on the south lot
was demolished in 2008. The adjacent equipment rental store building was built up to the north lot
line in 1952. The other adjacent uses are shown on the aerial view in your packet.
Specifics: A request to rezone to a PDD involves two initial steps that are typically considered
simultaneously, followed by a Final Development Plan. The initial process is as follows:
Ø Land use classification change - The PDD designation offers an owner the flexibility to design
a project based on the standards in one or more zoning districts. The primary goal of the
owner/developer is to often build a unique building that offers amenities not found somewhere
else in Brookings. The Zoning Ordinance provides a PDD option where conventional zoning
alone may not address all the features of a unique land use proposal or provide adequate
safeguards for adjacent properties. PDDs in Brookings contain both single and mixed-use
developments.
This rezoning request is to create retail uses on the first floor with efficiency style apartments
on the upper floors. This design is common in the Business B-1 District since it is permitted by
right in that district. The primary benefit in the B-1 is that on-premise parking is not required
but municipal parking lots do provide an option for tenants who live downtown. The
owner/developer is requesting that the Business B-1 standards be applied for this PDD.
However, under conventional zoning, a B-1 District would be strongly discouraged in this area.
Ø Initial Development Plan (IDP) - An IDP must accompany a rezoning to a PDD. The
owner/developer has submitted a site plan, two exterior concept designs, and an interior
layout example of a dwelling unit.
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The site plan depicts a building set back from the front lot line with two separate parking areas,
one for retail customers and one for tenants. An access drive from Main Avenue would be at
the south end of the lot and would function as an ingress only based on the design of the
parking area. An egress only driveway would access Folsom Street. The alley would provide
access to the tenant parking. Landscaping would buffer the retail parking lot from Main
Avenue and also be provided on the north and south ends of the lot next to the building.
Single use access drives can often be narrowed as shown by the red outlined areas on the
site plan.
Ø The primary development issue for this project is parking. The owner/developer understands
the need for on-premise parking but feels his design may not need even the minimum on-
premise parking spaces that all districts require, except for the B-1. Under conventional
parking standards, the first floor retail component of this plan would require about 23 spaces if
the business uses were general retail in nature. The proposed residential component could
result in 24 to 30 one-bedroom, efficiency apartment units. This would require about 37 to 45
parking spaces based on the new parking regulations for efficiency units. The total on-premise
parking required by zoning would be about 60 to 68 spaces while the proposed plan shows 35
spaces.
Approval of the PDD with the B-1 standards and approval of the IDP and future Final
Development Plan, as currently proposed, would allow the project to be permitted based on the
site plan. The Planning Commission and City Council, of course, have the authority to amend the
application. If the B-1 District standards are not accepted, all proposed uses would be required
to meet the minimum on-premise parking regulations and any variance to those regulations must
be approved by the Board of Adjustment.
Recommendation: The Planning Commission voted 7 yes and 1 no to recommend approval of the
rezoning.
Recommendation: The Planning Commission voted 7 yes and 1 no to recommend approval of the
Initial Development Plan subject to compliance with the 6 conditions stated in their motion. (See
Minutes)
Attachments:
Ordinance
Public Notice
Planning Commission Minutes & Summary
Rezoning Map
Aerial View
IDP Plan and Profiles
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Ordinance No. 15-006
An Ordinance to Change the Zoning Within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows, to-wit:
Lots 1, 2, and 3, Block 4, Folsom Addition
be and the same is hereby rezoned and reclassified from a Business B-3 District to a
PDD Planned Development District
In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of
Ordinances of Brookings, South Dakota, as said districts are more fully set forth and
described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of
Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-
13 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading April 28, 2015
Second Reading and Adoption
Published
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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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 REZONE
NOTICE IS HEREBY GIVEN That Sarantis Theodosopoulos has submitted a
petition to rezone the following described real estate in the City of Brookings, in Brookings
County, South Dakota:
Lots 1, 2, and 3, Block 4, Folsom Addition from a Business B-3 District to a
PDD Planned Development District
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, April 7, 2015, in the Chambers Room on
the third floor of the Brookings City & 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.
Dated this 27th day of March, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
MINUTES
MOTION TO REZONE
Sarantis Theodosopoulos has submitted a petition to rezone Lots 1, 2, and 3, Block 4,
Folsom Addition from a Business B-3 District to a PDD Planned Development District.
(Pierce/DeKraai) Motion to approve the rezoning. All present voted aye except Heuton
voted no. MOTION CARRIED.
MOTION TO APPROVE INITIAL DEVELOPMENT PLAN
(Pierce/Cameron) Motion to approve the Initial Development Plan with the Business B-1
District standards subject to the following conditions:
1. A maximum of 15 dwellings units are permitted
2. 15 on-premise parking spaces shall be reserved for tenants
3. A minimum of 35 on-premise parking stalls shall be provided
4. All drainage requirements shall be approved as per the City Engineer’s
Department
5. All minimum landscape requirements shall be met
6. No snow storage shall be permitted on the parking lot
All present voted aye except Heuton voted no. MOTION CARRIED.
SUMMARY
Dustin Hendrickson, representing Brookings BuiltGreen, stated his plan would be similar
to previous projects he completed in the downtown area. He was able to rent to tenants
who did not have a vehicle and wanted to be in close proximity to downtown. Parking
spaces could then be reduced on the site.
Tornquist inquired about on-street parking in the area. Hanson noted that Main Avenue
South had parallel parking on each side and Folsom Street had parallel parking on one
side. Pierce noted there were 35 parking spaces on the plan and inquired what type of
retail uses were anticipated. Hendrickson was unsure at this time. Pierce asked if a
drive-thru was planned. Hendrickson replied no. DeKraai was concerned about the
difference in the minimum parking required by ordinance versus what was proposed.
Hendrickson stated he could restrict the number of tenant’s vehicles in his lease
agreements. Pierce asked if fewer apartments could be an option. Hendrickson stated
the current plan had 24 efficiency apartments or 8 dwelling units per floor. He felt 15
dwelling units would be a minimum density to still make the project viable. He added
that one bedroom apartments were in high demand. Fargen asked how much retail
space was planned. Hendrickson replied 4,725 square feet. Tornquist inquired about
landscaping. Hanson noted the landscaping shown on the plan met the landscape
buffer and tree planting requirements. Struck asked where a garbage receptacle would
be placed. Hendrickson answered in the southwest corner off the alley.
Dennis Buys, an adjacent property owner, was concerned with drainage from the site.
He stated that storm water typically flows from the east half of the block across the alley
and onto properties on the west side of the block. It was noted that there was no
underground storm sewer facilities in the area so all storm water flowed over the
ground.
Pierce supported the redevelopment project but felt certain conditions needed to be met
in regards to residential density, storm water drainage, landscaping, parking, and snow
storage. Heuton supported the plan but felt additional information should be obtained
regarding on-street parking options in the area, particularly along Folsom Street. Struck
noted that an on-street parking study would likely start with the Traffic Safety Committee
and could take about 21/2 months. Bailey, Fargen, and Cameron supported the plan
with Pierce’s conditions.
Struck inquired if the building could be located up to the front lot line on Main Avenue to
be similar to the downtown area and adjacent buildings. Hendrickson felt the proposed
design was the best plan for maximizing the parking on the lot.
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 2015-0297,Version:1
Public Hearing and Action on a temporary liquor application for the VFW for a wedding reception at
the National Guard Armory on May 8, 2015.
Summary:
The VFW 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 8, 2015. 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
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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, April 28, 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 the VFW to host
an event at 300 5th Street South (National Guard Armory) on May 8, 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 20
th day of April, 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 #:ID 2015-0246,Version:1
Public Hearing and Action on a temporary liquor application for the Brookings Volunteer Fire
Association Street Dance to be held in the 300 Block of Main Avenue on July 18, 2015.
Summary:
The Brookings Volunteer Fire Association has applied for a temporary liquor license for a street
dance to be held in the 300 Block of Main Avenue on July 18, 2015. 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
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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, April 28, 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 the Brookings
Volunteer Firefighter’s Association Annual Fireman’s Dance to be held on July 18, 2015
in the 300 block of Main Avenue. At which time and place all persons interested will be
given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 15th day of April, 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 15-040,Version:1
Public Hearing and Action on Resolution 15-040, a Resolution authorizing the City Manager to enter
into an Operating Agreement for an On-Sale Liquor License for Wonder, Inc., DBA The Wild Hare,
Justin Kirchhevel, Amy Kirchhevel, Todd Voss, David Kneip and Greg Kneip, owners, 303 3 rd Street,
Brookings, South Dakota, legal description: West 75 ‘of Lots 20 and 21, Block 3, Original Plat
Addition.
Summary:
The City of Brookings received an application to transfer the On-Sale Liquor License from Half Pint
Enterprise, Inc., DBA The Lantern, Troy and Kelly Hicks, owners, to Wonder, Inc., DBA The Wild
Hare, Justin Kirchhevel, Amy Kirchhevel, Todd Voss, David Kneip and Greg Kneip, owners, 303 3 rd
Street, Brookings, South Dakota, legal description: West 75 ‘of Lots 20 and 21, Block 3, Original Plat
Addition. AN Operating Agreement is required for Liquor Licenses. This Resolution allows the City
Manager to enter into the first fie 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, 2014 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
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adequately police the proposed location.
5)Other factors: The hours that business is conducted shall be considered by the city council in
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 Council Liquor Operating Agreement Policy
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Resolution No. 15-040
Wonder, Inc., DBA The Wild Hare
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 Wonder, Inc., DBA The Wild Hare, 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 303 3
rd Street.
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 28th day of April, 2015.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
LIQUOR OPERATING AGREEMENT
Wonder, Inc., DBA The Wild Hare
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 Justin Kirchhevel, Amy Kirchhevel, Todd Voss, David Kneip and
Greg Kneip, owners, Wonder, Inc., DBA The Wild Hare, 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:
West 75 ‘of Lots 20 and 21, Block 3, Original Plat 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 28th day of April, 2015.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST:Jeffrey W. Weldon, City Manager
Shari Thornes, City Clerk
MANAGER
By:
By:
By:
By:
By:
NOTICE OF PUBLIC HEARING
On-Sale Liquor License – Wonder, Inc., DBA The Wild Hare
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on April 28, 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 Half Pint Enterprise, Inc., DBA The Lantern, Troy and Kelly Hicks, owners,
to Wonder, Inc., DBA The Wild Hare, Justin Kirchhevel, Amy Kirchhevel, Todd
Voss, David Kneip and Greg Kneip, owners, 303 3rd Street, Brookings, South
Dakota, legal description: West 75 ‘of Lots 20 and 21, Block 3, Original Plat
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 20th day of April, 2015.
Shari Thornes, City Clerk
Published time(s) at an approximate cost $ .
City Council Policy
Liquor Operating Agreements
Adopted: August 13, 2001
Reviewed: April 26, 2011
Updated May 2, 2013 (business names)
The City of Brookings is the holder of State Liquor Licenses for the sale of alcoholic beverages.
The City of Brookings enters into operating agreements with business owners permitting them
to sell alcoholic beverages purchased from the City. The City of Brookings established a policy
for the consideration of additional operating agreements with the City. The policy establishes
the criteria for applying for an available, but un-issued operating agreement. This addition to
that policy will clarify the City Council’s policy on the consideration of changes in existing
operating agreements.
1. It is not the City’s intention to allow operating agreements to be sold.
2. It is not the City’s intention to have issued operating agreements be unused by the
manager. Failure to use the agreement will be grounds for termination by the City. The
city manager will report any inactive operating agreements to the City Council to
consider the circumstances and for appropriate action.
3. Operating agreements are not assignable or transferable to another person or location
by the named manager; only the City Council can assign or transfer an agreement to
another person or location.
4. The purchaser of an establishment holding an operating agreement must apply for an
assignment of that operating agreement. It is the City’s intent to allow an assignment of
an operating agreement to an applicant that passes the “character of the applicant”
requirement as a new owner of an existing business in the same location.
5. The owner of an establishment holding an operating agreement must apply for an
assignment of that operating agreement if there is a desire to move the business to a
different location. It is the City’s intent to allow an assignment of an operating
agreement to a new location providing the location is suitable, “second tier criteria” is
considered and the business identity is the same as in the initial application.
6. Unless the circumstances are as described in number 4 and 5 above, it is not the City’s
intent to allow the assignment of an operating agreement from one business to another
or one location to another. In these instances, an application for a new operating
agreement is necessary.
Policy Establishing Criteria for the Issuance of Additional
On-sale Liquor Licenses
South Dakota Codified Laws (SDCL) limit the maximum number of on-sale liquor licenses and
provides criteria for the issuance of licenses.
Maximum Number of on-sale licenses
SDCL 35-4-11 provides in part: The number of on-sale licenses issued may not exceed three
each for the first one thousand of population or fraction thereof and not exceed one each of
such licenses for each additional one thousand five hundred of population or fraction thereof.
The quotas established in this section do not apply to malt beverage retailers.
SDCL 35-4-1 defines “population” as the number of inhabitants as determined by the last
preceding federal census. A 1939 Attorney General Opinion states that “preliminary census
bulletins” are official.
Criteria for Issuance of Alcoholic Beverage Licenses
SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing
board of the municipality within which the applicant intends to operate….The governing board:
“shall have discretion to approve or disapprove the application depending on whether it
deems the applicant a suitable person to hold such license and whether it considers the
proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…..must be a person of good moral character, never convicted of a
felony, and, if a corporation, the managing officers thereof must have like qualifications.”
Procedure for issuance of licenses
Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic
beverages….shall be granted to an applicant for any such license, except after public hearing,
upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for
publication of notice. If an application for a license is refused, “no further application may be
received from a person until after the expiration of one year from the date of a refused
application.”
The City of Brookings is anticipating that the 2000 census will count a population of at least
17,501 people, allowing one additional On-Sale Liquor License. The population may increase by
2,731 which would allow two additional On-Sale Liquor Licenses.
Several business people have expressed a desire to obtain an on-sale license when it becomes
available. With this knowledge, the City Council of the City of Brookings desires to establish
criteria for the issuance of licenses over the current fifteen issued. Currently, the fifteen license
holders are:
Unrestricted ON-SALE
1. 9Bar On-Sale
2. Brookings Inn On-Sale (Convention)
3. Jim’s Tap On-Sale
4. The Lantern Lounge On-Sale
5. Pheasant Lounge On-Sale
6. Prairie Lanes, Inc.On-Sale
7. The Ram & O’Hare’s On-Sale
8. Sully’s On-Sale
9. Staurolite Inn & Suites On-Sale (Convention)
10. Danny’s Lounge On-Sale
11. Ray’s Corner On-Sale
12. Cubby’s Sports Bar & Gril On-Sale
13. Applebee’s On-Sale
14. Skinner’s On-Sale
15. Bravo’s On-Sale
16. Old Market On-Sale
17. Pints & Quarts On-Sale
18. Buffalo Wild Wings On-Sale
19. Elks Club Club
20. VFW Club Club
SDCL and case law support the premise that the decision to issue an alcoholic beverage license
is discretionary. Therefore, the City of Brookings hereby establishes a two-tiered process to
evaluate on-sale liquor applications. The first tier will assess the character of the applicant and
whether the location is suitable. A person convicted of a felony is prohibited from applying for
a license; therefore, a convicted felon would fail the character test. In determining suitable
location, the Council will involve the determination of whether the location is suitable,
consistent with the procedure developed through South Dakota Case Law. This includes the
manner in which the business is operated; the extent to which minors frequent or are
employed in such place of business; the adequacy of the police facilities to properly police the
proposed location, and other factors associated with the sale of alcoholic beverages.
The City will check for compliance with the State requirement that the “character of the
applicant” be acceptable. Upon finding evidence that the character of the applicant is
acceptable and the location suitable, the City Council will consider second tier criteria. This
process can include examining the best location for economic and tourism development, the
best ancillary uses (restaurant, etc.) developed with the sale of liquor, the best location in
accordance with the city long-range plan, the size of the facility, parking facilities, closeness to
existing supplementing businesses and activities deemed important by the City Council.
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:2
Public Hearing and Action 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.
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 4/22/2015Page 1 of 2
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File #:ORD 15-005,Version:2
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 4/22/2015Page 2 of 2
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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
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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.
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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
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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;
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(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.
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(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;
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(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.
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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.
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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
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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:
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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.
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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:April 28, 2015
Published:May 1, 2015
CITY OF BROOKINGS, SD
ATTEST:Tim Reed, Mayor
Shari Thornes, City Clerk
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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
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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.
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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
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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;
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(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.
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(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;
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(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:April 28, 2015
Published:May 1, 2015
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:2
Public Hearing and Action 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.
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
wired or battery operated.
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File #:ORD 15-002,Version:2
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
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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:April 28, 2015
Published:May 1, 2015
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 2015-0237,Version:1
Action on Recommendation from the Transportation Steering Committee regarding Highway 14
improvement project from 22nd Avenue to 34th Avenue.
Summary:
The Transportation Steering Committee is forwarding a recommendation of concurrence for the
proposed improvement project of the SD Dept. of Transportation for Highway 14 from 22nd Avenue to
34th Avenue.
Background:
The SDDOT is proposing to make various improvements to 6th Street from 22nd Avenue to 34th
Avenue. Such improvements include re-surfacing and retention of the existing lane design;
replacement of the interstate bridges; installation of sidewalks; replacement of landscaping, signals,
and streetlights; and new limited access into Brookings Marketplace. It also includes the
reconfiguration of the intersection with 25th Avenue to a right-in/right-out only and the elimination of
the traffic signal at that intersection. Also included is the installation of a new “backage” road
between Brookings Auto Mall and Carquest for a street extension of Sunrise Ridge Road north and
east to create a new intersection with 25th Avenue. DOT will dedicate the new Sunrise Ridge Road
extension to the City. Perhaps most significant about this project is the intersection reconfiguration of
22nd Avenue and 6th Street to accommodate more turn lanes. The portion of Sunrise Ridge Road is
scheduled to be done in 2015 with most of the project undertaken in 2016 with completion extending
into 2017.
The recommendation from the Transportation Committee is as follows:
Motion by HILL, seconded by ROWLAND, to recommend the City Council accept the general
conceptual roadway design proposed by the DOT for the Highway 14 project from 22 nd Avenue to 34
th Avenue. Motion carried. (9-22-14)
Fiscal Impact:
This project is funded completely by SDDOT except for water and sanitary improvements by BMU
and storm sewer improvements by the City. The City will also be responsible for financing “upgrade”
improvements to the standard DOT items as part of our Gateway Improvement Project beyond the
DOT costs. These items include upgrades for streetlighting, landscaping, bridge deck fencing, and
bridge/embankment facades.
Recommendation:
Recommendation:
The Transportation Steering Committee and staff recommend approval.
Attachments:
nd th
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File #:ID 2015-0237,Version:1
Proposed Intersection of 22nd Avenue and 6th Street.
City of Brookings Printed on 4/22/2015Page 2 of 2
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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 2015-0283,Version:1
Action on Final Report from the Transportation Steering Committee.
Summary:
Pursuant to the duly-adopted Charter, the Transportation Steering Committee has met during the
past several months to analyze the various surface-transportation related issues assigned by the City
Council. Several recommendations have been forwarded to the Council during this time as the
committee has concluded their work on each item.
Attached is a summation of their individual recommendations followed by a list that comprises the
overall strategy for transportation planning. The committee is requesting the Council’s adoption of
this strategy.
With this final report, the committee considers their work concluded but stands ready and available to
undertake more work on any related issue if the Council so desires.
Recommendation:
Approve the final report.
Attachments:
Final Report
City of Brookings Printed on 4/22/2015Page 1 of 1
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Final Report
BROOKINGS TRANSPORTATION STEERING COMMITTEE
April 20, 2015
Pursuant to the Charter as established by the Brookings City Council, the
Transportation Steering Committee is an ad hoc committee created and charged with
the purpose of investigating four, specific transportation improvement projects; and
suggest a comprehensive strategy for city-wide vehicular transportation improvements.
The following are the four improvement project, the Committee’s recommendation to the
City Council, and the City Council’s response.
1) Highway 14-bypass improvements
Committee recommendation: Concur with DOT proposal for lane improvements
and create ‘round-abouts’ at the ramp intersections on both sides of I-29; but
explore increased widths of the lanes; (9-8-14).
DOT: SDDOT reversed their position on the plans and eliminated the ‘round-
abouts’.
Committee re-consideration of recommendation: The committee reversed its
action of September 8 and concurred with the reversed decision of the DOT to
support the elimination of the ‘round-abouts’; (10-20 -2014).
Council action: Concur with revised recommendation to eliminate ‘round-abouts’;
(10-21-14).
2) Highway 14; 22
nd Avenue to 34th Avenue improvements
Committee recommendation: Concur with DOT proposal for improvements,
bridge replacement, landscape amenities; (9-22-14.)
Council action:Action is pending and scheduled for April 28, 2015.
3) Highway 14; Main Avenue to Medary Avenue improvements
Committee recommendation: Concur with the DOT proposal for a 5-lane design
with 11’ width outside lane, with adjustments to move sidewalks closer to ROW
line, incorporated historic street lighting, alternative sidewalk design, preserving
as much boulevard width and as many trees as possible, incorporate
reforestation plan, moving storm sewer system of curb/gutter, and consider 25
MPH speed limit; (12-1-14).
Council action: Rejection of the recommendation; (12-9-14).
4) 20
th Street South overpass/interchange improvement
Committee recommendation: Proceed with an Interstate Justification Report
(IJR) for an interchange by initiating the “needs assessment” of the IJR. (2-23-
15)
Council action: Direct staff to proceed with plans for an overpass and a
subsequent interchange by initiating the “needs assessment” of the Interstate
Justification Report (IJR); (3-24-15).
5) Turn-back of Highway 14
Committee action: Took no action to support the turn-back of Highway 14 and
concurred with the Council’s previous action of November 22, 2011 to take no
action supporting the turn-back. (2-23-15)
Council action: Took no action supporting the turn-back; (11-22-11). Council’s
re-consideration of the 11-22-11 action is pending as of April 1, 2015.
By taking no action to support a turn-back, the policy defaults to a position of
State Highway 14 being retained by the SDDOT under state transportation
jurisdiction.
With regard to the charge of developing an overall financially sustainable transportation
strategy; the Committee recommends the following:
A) Adopt the five recommendations associated with each of the five specific
objectives as outlined in the Charter.
B) Work to secure a member of the Brookings community to be appointed to the
State Transportation Commission.
C) Prioritize the improvement of West 20
th Street South from Main Avenue to Rio
Grande Avenue.
D) Install pavement surfacing on Western Avenue from 20
th Street South to 26th
Street South.
E) Participate in “project upgrades” on DOT contracts for landscaping end entryway
features with first priority being Highway 14 from 22
nd Avenue to 34th Avenue and
second priority pending funding for Highway 14 from Main Avenue to Medary
Avenue.
F) Secure a cost-share funding commitment for the 20
th Street South/I-29
interchange IJR for (i) “Needs Assessment” phase, and (ii) final phase from:
a. City of Brookings
b. Brookings County
c. East Brookings Business and Industry Association
d. Adjacent property owners to East 20
th Street South
e. Federal Highway Administration/SD Dept. of Transportation for (ii)
G) In order to insure that land use development is adequately supported by the most
efficient transportation systems, leverage intergovernmental partnerships where
such transportation system crosses jurisdictional boundaries; or is otherwise
necessary and/or impacted by other units of government.
____________________________________________
Keith Corbett; Chair Daryl Englund: Vice Chair
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 15-044,Version:1
Action on Resolution 15-044, a Resolution approving a Right-To-Occupy Easement to Boys and Girls
Club of Brookings, South Dakota.
Summary:
This resolution will approve the Right-To-Occupy Easement for the Boys and Girls Club of Brookings,
South Dakota.
Background:
The City Engineer received a request from the Boys and Girls Club of Brookings, South Dakota, to
allow a Right-To-Occupy Easement across the 12th Street South right-of-way. The Boys and Girls
Club recently purchased property on the south side of 12th Street South to expand their teen center.
They would like to install an underground fiber optic communication line across the 12th Street South
right-of-way to connect the Boys and Girls Club building to the new teen center building. The
easement will be for the following location:
The West Twenty-five Feet (W25’) of the East Two Hundred Feet (E200’) of the 12 th Street
South Right-Of-Way, Adjacent to Block 7, Hyland Addition, Section 36, T110N, R50W, in the
City of Brookings, Brookings County, South Dakota.
The City Council has approved Right-To-Occupy Easements for similar situations. In addition, the
Boys and Girls Club will be required to register the easement with South Dakota One Call so it may
be located by contractors working in the right-of-way.
Recommendation:
Recommend approving the Right-To-Occupy Easement for the Boys and Girls Club of Brookings,
South Dakota.
Attachments:
Resolution
Easement
Map
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Resolution No. 15-044
Resolution Approving Right-To-Occupy Easement,
Boys & Girls Club of Brookings, SD
Whereas, the City of Brookings has designated street rights-of-way property for public
access; and
Whereas, the City of Brookings maintains all public rights-of-way; and
Whereas, the City of Brookings has been requested to allow the Boys and Girls Club of
Brookings, South Dakota, the Right-To-Occupy the West Twenty-five Feet (W25’) of the
East Two Hundred Feet (E200’) of the 12th Street South Right-Of-Way, Adjacent to
Block 7, Hyland Addition, Section 36, T110N, R50W, in the City of Brookings,
Brookings County, South Dakota, for the sole purpose of constructing underground
communication lines.
Now, Therefore, Be It Resolved that the Right-To-Occupy Easement be approved as
shown on Attachment A.
Passed and approved this 28th day of April, 2015.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_______________________________
Shari Thornes, City Clerk
Prepared by:
Brookings City Engineer’s Office
520 3rd Street, PO Box 270
Brookings, South Dakota 57006
RIGHT TO OCCUPY EASEMENT
The City of Brookings, a South Dakota municipal corporation, hereinafter referred
to as “Grantor”, for good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant and convey unto the Boys & Girls Club of Brookings,
South Dakota, hereinafter referred to as “Grantee”, a perpetual Right To Occupy
Easement, located on, through, over, under and across the premises of the Grantor,
more particularly described as follows:
The West Twenty-five Feet (W25’) of the East Two Hundred Feet (E200’) of the
12th Street South Right-Of-Way, Adjacent to Block 7, Hyland Addition, Section
36, T110N, R50W, in the City of Brookings, Brookings County, South Dakota.
This easement constitutes a permanent and perpetual grant of right-of-way for
use of the above-described property for the sole purpose of constructing underground
communication lines.
The use of this Easement shall be limited to below grade installation and below
grade use of the above-described property.
Grantee agrees to enclose the utility in a conduit or sleeve to protect said utility,
and agrees to repair any damages which may result to the Grantor’s property resulting
from the construction, maintenance, use, replacement, repair or removal of the street,
wiring and conduit located within this Easement. This Easement includes the right of
ingress and egress, to install, construct, maintain, operate, use, repair, alter, inspect
and replace all wiring and conduit used for the purposes of this Easement. Grantee
agrees to register underground communication line with South Dakota One Call.
In Witness Whereof, the parties have caused this instrument to be executed
this 28
th day of April, 2015.
CITY OF BROOKINGS, SOUTH DAKOTA
(SEAL) By: ___________________________________
Jeffrey W. Weldon, City Manager
ATTEST:
___________________________________
Shari L. Thornes, City Clerk
STATE OF SOUTH DAKOTA )
) ss
County of Brookings )
On this the ____ day of _______, 2015, before me,
_____________________________________, the undersigned officer, personally appeared
Jeffrey W. Weldon, City Manager, and Shari Thornes, City Clerk of Brookings, South Dakota, a
South Dakota Municipal Corporation, known to me or satisfactorily proven to be the persons
whose names are subscribed to the within instrument and acknowledged that they executed the
within and foregoing instrument on behalf of Brookings, South Dakota, as the free act and deed
of Brookings, South Dakota.
In witness whereof, I hereunto set my hand and official seal.
_______________________________________
Notary Public, State of South Dakota
My Commission Expires _____________________.
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 2015-0293,Version:1
Action on Preliminary Plat for Lots 1-17, Block 1, and Lots 1-14, Block 2, Reserve Addition in the SW
¼ of Section 36-T110N-R50W.
Proposal: Preliminarily plat 31 lots with adjoining rights-of-way for future development
Background: The original preliminary plat of this area was approved last month by the Planning
Commission. Prior to submitting the plan to the City Council, the owner proposed revisions to the lot
and street layout. The original and revised plans are attached for comparison purposes.
Specifics: The changes are addressed below:
Ø Street Design - Sylvan Lane was originally connecting Christine Avenue and Sylvan Avenue.
Christine Circle now extends for about 460 feet to the east and ends in an offset cul-de-sac.
The length and alignment meet general standards.
Ø Land Design - The original layout involved 3 blocks with 31 lots. This revision has resulted in
the same number of lots and the design changes are isolated mainly to the lots abutting the
cul-de-sac bulbs. A benefit to this plan is that it completes the design of all lots around the
Sylvan Circle cul-de-sac.
Storm water drainage requirements remain the same and open space is nearby at Camelot Park
north of the Camelot Intermediate school.
Recommendation:The Planning Commission voted 8 yes and 0 no to recommend approval of the
preliminary plat.
Attachments:
Public Notice
Planning Commission Minutes & Summary
Preliminary Plat
Zoning Map
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NOTICE OF HEARING ON A PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That CD Properties, LLC has submitted a preliminary
plat of the following described real estate situated in the City of Brookings in Brookings
County, South Dakota, to wit:
Lots 1-17, Block 1; and Lots 1-14, Block 2; Reserve Addition in the SW ¼ of
Section 36-T110N-R50W
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, April 7, 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 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
MINUTES
CD Properties, LLC has submitted a Preliminary Plat of Lots 1-17, and Lots 1-14, Block
2, Reserve Addition in the SW1/4 of Section 36-T110N-R50W.
(Gregg/Heuton) Motion to approve the preliminary plat as presented. All present voted
aye. MOTION CARRIED
SUMMARY
Chris Drew, representing CD Properties, LLC, presented a preliminary plan that was
modified from a previous plan. The primary change was the creation of a cul-de-sac
street and adjoining lots instead of a street linking Christine Avenue and Sylvan Avenue.
The commission supported the revision.
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 2015-0294,Version:1
Action on Preliminary Plat for Blocks 1-4, Voss-Kneip First Addition, SE ¼, Section 11-T109N-R50W.
Proposal: Establish four blocks and adjoining private streets for future residential development.
Background: If you were to drive south out of Brookings on US Highway 77 (now Main Avenue
South) in the late 1960s you would have encountered mostly farmland and farmsteads. The only non
-ag uses were a junkyard and a mobile home park. Both of these uses still exist today. An oval, dirt
race track also existed near Medary Avenue but that has been abandoned.
Dramatic changes occurred in the 1970s. The north half of the section from 32nd St. So. down to 40th
St. So. was platted into outlots on each side of Main Avenue South in the early part of the decade.
Connecting rights-of-ways on the east side were generally platted to 50 or 60 foot widths and the
platting extended east from Main Avenue about 800 feet. In the mid 1970s, the west side was
developed into three, 40 acre residential subdivisions, River Ridge, Bridle Estates, and University
Estates (Meyer’s Subdivision). Residential development also occurred on many of the platted outlots
abutting Main Avenue South throughout the 1970s.
The 1980 Joint Jurisdiction Zoning Ordinance established official land use controls in this area. For
the most part, major residential developments were zoned to a residential district and smaller
commercial uses were zoned business. Many of the smaller, developed outlots were “left” in the Ag
District. Towards the end of the 1980s, many of the outlots, with residences, were also rezoned to a
residential district.
Today, we have linear strips of residential and business districts bordering Main Avenue South from
32nd St. So. to 40th St. So. Several outlots on the east side that were originally platted for residences
remain undeveloped and zoned Ag. Urban service issues and availability have been the major
development obstacle for these lots.
Specifics: The preliminary plat involves a portion of an outlot that was platted in 1992. Four blocks
with adjoining private streets have been designed for future residential development. The land is in
the Residence R-3A District which permits single-family and two-family dwellings, apartments,
townhomes, manufactured/mobile homes, and mobile home parks. A review of the plan is as follows:
Ø Street Design - 40th Street South is an existing public right-of-way that accesses the property
along the south property line. Ashton Avenue and Sajen Circle are proposed as private
streets adjoining the blocks. Private streets are required to have a minimum width of 28 feet
and provide permanent access to the blocks. This “required access” language would be
required on any subsequent final platting. Kalani Place on the north end is also proposed as
a private street. This strip of land has been used for many years as an access route and
would continue as a secondary access from the subdivision to Main Avenue South.
Ø Land Design - Each block contains slightly over ½ acre of land and the gross area is 2.5
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acres. The blocks could be further subdivided in the future or be part of a townhome
development with a combination of private and association owned lots.
Ø Open space - No open space has been proposed within the 4 blocks. The developer owns
land to the east and west that could provide open space for future residents in these areas.
Ø Drainage - A preliminary storm drainage study may be required by the City Engineer’s
Department
Ø Urban Services - Sanitary sewer is available in this area as shown on the map. Water is
available through either a private, municipal, or rural water system.
Recommendation:
The Planning Commission voted 8 yes and 0 no to recommend approval of the preliminary plat.
Attachments:
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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 PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That VK Properties, LLC has submitted a preliminary
plat of the following described real estate situated in Brookings County, South Dakota, to
wit:
Blocks 1-4, Voss-Kneip First Addition in the SE ¼ of Section 11-T109N-R50W
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, April 7, 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 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
MINUTES
VK Properties, LLC has submitted a preliminary plat of Blocks 1-4, Voss-Kneip First
Addition, in the SE1/4, Section 11-T109N-R50W.
(Pierce/Fargen) Motion to approve the preliminary plat as presented. All present voted
aye. MOTION CARRIED.
SUMMARY
David Kneip and Todd Voss, representing VK Properties, LLC, stated approval of new
platting in the area would allow them to redevelop the land into affordable housing. The
land needed to be subdivided for financing purposes as development occurred.
Cameron asked if the location of Ashton Avenue was the current location of a street in
the existing mobile home court. Kneip replied yes. Cameron indicated that connections
to the city sewer line under Ashton Avenue would be a major improvement for future
development in the area.
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 2015-0268,Version:1
Action on 6th Street Lighting Upcharges.
Summary:
The lighting upgrades associated with reconstruction of 6th Street between 22nd Avenue and 34th
Avenue is a continuation of the multi-phase Gateway Improvement Project.
Background:
The South Dakota Department of Transportation (DOT) will be reconstructing 6th Street from
approximately 400 feet west of 22nd Avenue east to approximately 34th Avenue. The project is
currently planned for 2016 construction. As part of the reconstruction project, the City desired to
partner with DOT on potential lighting upgrades along this stretch of 6 th Street as part of the Gateway
Entrance project.
The DOT standards for lighting along urban highways is a 50 foot pole with a cobra type fixture head,
similar to what is existing. The City is proposing a decorative pole and fixture to improve the east
gateway entrance into the community. The DOT has agreed to allow decorative light fixtures along
the project as long as DOT lighting specifications are adhered. The City would be responsible for the
upcharge associated with the decorative poles and fixtures.
Staff researched various poles and fixtures and provided specifications to DOT staff who then
underwent preliminary design to verify spacing and light coverage. The decorative pole selected is
available in a 30 foot option and based upon the height, will require 40 more poles than the standard
DOT 50 foot poles.
The DOT estimate for standard light poles for this project is $139,144 and decorative poles is
$517,121, a difference of $377,977. A breakdown of the costs is provided on the attachment. In
addition to the costs shown, DOT has indicated there will be additional City costs associated with
extra wire and junction boxes, which correlates to the number of poles.
The decorative lighting is consistent with our gateway entrance improvement project from 22 nd
Avenue to 34th Avenue. As such, we had budgeted $250,000 for the lighting upgrade. The DOT is
awaiting a final decision from the City on the lighting upgrade prior to proceeding to final lighting
design.
The second item of discussion concerns lighting upgrades on the Main Avenue to Medary Avenue
project tentatively scheduled for 2018. DOT staff inquired as to the City’s intent to request lighting
upgrades along this stretch of the project similar to the 22nd Avenue to 34th Avenue project. DOT
has tentativley delayed the lighting design awaiting a response from the City.
The Main to Medary project was not part of the original scope of the gateway improvement project.
Budgeting has not been prepared for this portion, however, based upon the east project lighting
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estimates, it is estimated the Main to Medary lighting upgrades would be approximately $215,000.
This estimate is preliminary as lighting layout schematics will be necessary to determine spacing and
the number of fixtures.
Fiscal Impact:
22nd Avenue to 34th Avenue:$377,977 Budgeted: $250,000
Main Avenue to Medary Avenue:$215,000 Budgeted: $0
Recommendation:
Staff recommends proceeding with the lighting upcharges on the 6th Street project from 22nd Avenue
to 34th Avenue as this was part of the original scope of work of the Gateway Improvement Project;
and budgeting additional revenue from the Public Improvement Fund to pay the overage. Reducing
scope of the upgrade in terms of decorative character or number only diminishes the impact of the
purpose of the project to the point it is not worth doing.
Staff does not recommend the lighting upcharges on the 6th Street project from Main Avenue to
Medary Avenue as this was not part of the scope of work of the Gateway Improvement Project.
Attachments:
Standard Lighting Estimate
Decorative Lighting Estimate
Street Light with Banner
Street Light
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Date: Type of Work: Roadway Lighting
Project No. NH-PH 0085(20)26, PCN 546N County: Brookings
Location: City of Brookings - US14 from 22nd Ave to 34th Ave (standard lighting)
Comments: City is responsible for decorative lighting costs above standard
lighting costs. This estimate is for standard lighting along
US14 from 22nd Ave to 34th Ave ONLY.
ITEM ESTIMATED
QUANTITY AVERAGE BID TOTAL
Footing - 2 Ft. Diameter (8' Depth)256 108.20 27,699.20
50' Breakaway Base Lumin Pole w/ 8' Arm 32 2,731.11 87,395.52
Roadway Luminaire 400W w/P.E.32 380.04 12,161.28
Surface Mount Junction Box 4 946.59 3,786.36
Electrical Service Cabinet 3 1,431.80 4,295.40
2/C #10 AWG Copper Pole & Bracket Cable 2080 1.83 3,806
Construction Cost 139,144
Engineering Design Cost (3.5%)4,870
Engineering Construction Cost (5.0%)6,957
Total Cost Estimate 150,971
Date: Type of Work: Roadway Lighting
Project No. NH-PH 0085(20)26, PCN 546N County: Brookings
Location: City of Brookings - US14 from 22nd Ave to 34th Ave (decorative lighting)
Comments: City is responsible for decorative lighting costs above standard
lighting costs. This estimate is for decorative lighting along
US14 from 22nd Ave to 34th Ave ONLY.
ITEM ESTIMATED
QUANTITY AVERAGE BID TOTAL
Footing - 2 Ft. Diameter (8' Depth)432 108.20 46,742.40
30' Decorative Luminaire Pole W/ 2 Banner Arms and Duplex Receptacle 72 4,300.00 340,560.00
Decorative Roadway Luminaire 250W w/P.E.72 1000.00 79,200.00
Surface Mount Junction Box 4 946.59 3,786.36
Electrical Service Cabinet 3 1,431.80 4,295.40
1/C #14 AWG Copper Cable 3960 0.22 871
2/C #10 AWG Copper Pole & Bracket Cable 3096 1.83 5,666
Installation and Shipping Cost 72 500.00 36,000
Construction Cost 517,121
Engineering Design Cost (3.5%)18,099
Engineering Construction Cost (5.0%)25,856
Total Cost Estimate 561,076
City Cost(Difference btwn Decorative & Standard Construction Cost)377,977