HomeMy WebLinkAbout2015_11_24 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
Vision Statement: "We are an inclusive, diverse, connected community that fuels the creative class,
embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future
through dedication, generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, November 24, 2015
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 2015-0777 Action to approve the October 20 and October 27 City Council Minutes.
10/20/2015 Minutes
10/27/2015 Minutes
Attachments:
3.C.RES 15-112 Action on Resolution 15-112, a Resolution approving Change Order No.
1 (Final) for 2015-01SWR, Concrete Maintenance and Overlay Project.
ResolutionAttachments:
Page 1 City of Brookings
November 24, 2015City Council Meeting Agenda
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 2015-0779 Proclamation for Small Business Saturday on November 28, 2015.
ProclamationAttachments:
5.D.ID 2015-0814 Brookings Area Chamber of Commerce Report.
6. Contracts/Change Orders:
6.A.RES 15-113 Action on Resolution 15-113, a Resolution awarding the contract for an
Automated Garbage Truck.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.B.ID 2015-0797 Intention to Exercise Option for Lease Renewal; Eastside Commons for
Liquor Store.
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 15-020 Introduction and First Reading on Ordinance 15-020, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining
to an Animal Hospital and Crematorium for the purposes of
administration of the Zoning Ordinance. Public Hearing: December 8,
2015.
Ordinance - clean
Ordinance - marked
Legal Notice
Minutes and Summary
Attachments:
7.B.ORD 15-021 Introduction and First Reading on Ordinance 15-021, an Ordinance
authorizing a Supplemental Appropriation to the 2015 Budget for the
City of Brookings, SD. Public Hearing: December 8, 2015.
Page 2 City of Brookings
November 24, 2015City Council Meeting Agenda
OrdinanceAttachments:
7.C.ORD 15-025 Introduction and First Reading on Ordinance 15-025, an Ordinance
amending Article II of Chapter 22 of the Code of Ordinances of the City
of Brookings and pertaining to the adoption of the 2015 International
Building Code, the 2015 International Residential Code, the 2015
International Mechanical Code, the 2015 International Fire Code, and
the 2015 International Existing Building Code with certain amendments
thereto. Public Hearing: December 8, 2015.
Ordinance - clean
Ordinance - marked
Board of Appeals Minutes
Attachments:
7.D.ORD 15-022 Introduction and First Reading on Ordinance 15-022, an Ordinance
amending Chapter 14 of the Code of Ordinances of the City of
Brookings, South Dakota to include provisions pertaining to the keeping
of chickens in the City of Brookings. Public Hearing: December 8, 2015.
Ordinance - clean
Ordinance - marked
Presentation
Attachments:
8. Public Hearings and Second Readings:
8.A.ORD 15-023 Action on Ordinance 15-023, an Ordinance amending Division 5 of
Chapter 2 of the Code of Ordinances of the City of Brookings South
Dakota, and pertaining to Terms of Office of Members of the
Sustainability Council of the City of Brookings.
OrdinanceAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9. Other Business:
9.A.ID 2015-0811 Action on Preliminary Plat of Wilbert Square Addition, SW ¼, Section
19-T110N-R49W.
Legal Notice
Minutes and Summary
Preliminary Plat Drawing
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2015-0817 Action on the creation of an Affordable Housing Task Force.
Task Force CharterAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Page 3 City of Brookings
November 24, 2015City Council Meeting Agenda
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 Patty Bacon, Dan Hansen, Scott Meyer, Ope Niemeyer, Jael Thorpe
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 4 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 2015-0777,Version:1
Action to approve the October 20 and October 27 City Council Minutes.
Attachments:
October 20 Minutes
October 27 Minutes
City of Brookings Printed on 11/19/2015Page 1 of 1
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Brookings City Council
October 20, 2015 (unapproved)
The Brookings City Council held a Study Session on Tuesday, October 20, 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, Scott Meyer, Patty Bacon, and
Jael Thorpe. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City
Clerk Shari Thornes were also present.
Discussion topics included an Affordable Housing Presentation, Capital Improvement
Plan, a Review of Subsidy Application Process, and City Council Ex-Officio Reports.
A motion was made by Mayor Reed, seconded by Council Member Niemeyer, to
schedule discussion and possible action to create an Affordable Housing Task Force
Charter at the November 24 City Council Meeting. Discussion: Council members
requested the task force's objectives and timeline be defined. They also suggested the
group examine affordable housing as it relates to zoning. Council Member Bacon would
like the task force members identified by January in order to schedule the housing trust
consultant's visit. The motion carried by the following vote: Yes: 7 - Reed, Corbett,
Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
The council discussed possible revisions to the subsidy application process to include a
scorecard, committee review, and outcome reporting requirements. The City Council will
discuss its 2016 subsidy funding priorities at the January Goal Setting Retreat.
Executive Session. A motion was made by Council Member Corbett, seconded by
Council Member Thorpe, to enter into Executive Session at 7:10 p.m. for purposes of
consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters, and preparing for contract
negotiations or negotiating with employees or employee representatives with Donna
Langland, Human Resources Director, City Manager, City Attorney, and City Clerk
present. The motion carried by a unanimous vote. Donna Langland, Human
Resources Director, left at 7:34 p.m. A motion was made by Council Member Corbett,
seconded by Council Member Niemeyer, to exit Executive Session at 8:25 p.m. The
motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Corbett, to adjourn the meeting at 8:30 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
October 27, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 27, 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, Patty Bacon, and Scott Meyer. Council
Member Jael Thorpe was absent. City Attorney Steve Britzman, City Manager Jeffrey
Weldon and City Clerk Shari Thornes were also present.
Consent Agenda. The Executive Session was removed from the agenda. A motion
was made by Council Member Hansen, seconded by Council Member Corbett, to
approve the Consent Agenda as amended. The motion carried by the following vote:
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Meyer, and Bacon; Absent: 1 – Thorpe.
3.A. Action to approve the agenda, as amended.
3.B. Action to approve the September 15 and September 22 City Council Minutes.
3.C. Action on Resolution 15-105, a Resolution authorizing Change Order No. 4
(Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-
026-2013; Muth Electric, Inc.
Resolution 15-105 - A Resolution authorizing Change Order No. 4 (Final)
for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013;
Muth Electric, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013,
Construction Change Order Number 4, Muth Electric, Inc.:
Adjust the contract quantities to as-constructed quantities and for additional work
to hard wire the lighted crosses used for the project for a total increase of
$2,651.68 to the contract to close out the project.
3.D. Action on Resolution 15-106, a Resolution authorizing Change Order No. 5
(Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-
026-2013; Bowes Construction, Inc.
Resolution 15-106 - A Resolution authorizing Change Order No. 5 (Final)
for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013;
Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013,
Construction Change Order Number 5 (Final), Bowes Construction, Inc.:
Adjust the contract quantities to as-constructed quantities and for additional work
to clear and grub trees and salvage and stockpile granular asphalt material for a
total decrease of $1,053,681.06 to the contract to close out the project.
Downtown Brookings, Inc. Report. Elliot Johnson, DBI Director, provided an update
to the Mayor and City Council on current and upcoming events.
Consulting Agreement. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that the Consulting Agreement between Dr. Gregory
Boardman and the City of Brookings for services be approved. The motion carried by
the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon;
Absent: 1 – Thorpe.
Off-Sale Malt License Transfer. A public hearing was held on the transfer of an Off-
Sale Malt Beverage Alcohol License from Judy Faber, Fireside, Inc., to Jason Parker,
Dakota Ram, Inc., DBA Fireside Restaurant, 2515 E. 6th St., Brookings, South Dakota,
legal description: Block 12, Telkamp Addition. A motion was made by Council Member
Corbett, seconded by Council Member Niemeyer, that the transfer be approved. The
motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer,
and Bacon; Absent: 1 – Thorpe.
Resolution 15-104. A public hearing was held on Resolution 15-104, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On-Sale
Liquor License for Dakota Ram Inc., DBA Fireside Restaurant, Jason Parker, owner,
2515 E. 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp
Addition. A motion was made by Council Member Niemeyer, seconded by Council
Member Corbett that Resolution 15-104 be approved. The motion carried by the
following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon; Absent: 1
– Thorpe.
Resolution 15-104 - Dakota Ram, Inc., DBA Fireside Restaurant
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 Dakota Ram, Inc., DBA Fireside Restaurant,
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 2515 E. 6th 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.
Resolution 15-097. A motion was made by Council Member Hansen, seconded by
Council Member Meyer, to remove Resolution 15-097, a Resolution Determining the
Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting
Property Owners; 2016-01SWA Sidewalk Assessment Project, from the table. The
motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer,
and Bacon; Absent: 1 – Thorpe.
The public hearing was reopened on Resolution 15-097, a Resolution Determining the
Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting
Property Owners; 2016-01SWA Sidewalk Assessment Project. Public Comment: Del
Poppinga, David Kneip, and Paul Moriarty. A motion was made by Council Member
Bacon, seconded by Council Member Hansen, that Resolution 15-097 be approved.
The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer,
Meyer, and Bacon; Absent: 1 – Thorpe.
Resolution 15-097 - Resolution Determining the Necessity of Installing
Sidewalks in the City of Brookings at the Expense of Abutting Property Owners;
2016-01SWA Sidewalk Assessment Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the
parcels and lots of land in the City described in the Notice to Property Owners attached
to this Resolution and marked as 2016-01SWR Sidewalk Assessment Project.
2. Such sidewalks shall be to the width and of the materials prescribed by Article V,
Sidewalks, of Chapter 74 of the Code Ordinances of the City of Brookings and to the
grade and in accordance with the Plans and Specifications prepared in the Office of the
City Engineer.
3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners
to be mailed to each property owner by certified mail.
Resolution 15-107. A public hearing was held on Resolution 15-107, a Resolution
authorizing the exchange of Real Estate Property Interests. A motion was made by
Council Member Hansen, seconded by Council Member Meyer, that Resolution 15-107
be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Niemeyer, Meyer, and Bacon; Absent: 1 – Thorpe.
Resolution No. 15-107 - Resolution Authorizing the
Exchange of Real Estate Property Interests
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, for the purpose of acquisition and clarification of drainage and utility
easements, the City desires to acquire from Dorenda R. Ohm (“Ohm”), easements to
the following described property:
Tract 1.
The Storm Water Drainage Easement as shown on the Replat of Lot Three (3) in
Block Two (2) of D and D Addition to the City of Brookings, County of Brookings,
State of South Dakota; and
Tract 2.
An Easement for Storm Water Drainage and Utility purposes upon Lot H-1 of
Outlot “A” in the Southeast Quarter (SE¼) of Section Thirty-five (35), Township
One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., to the City
of Brookings, County of Brookings, State of South Dakota; and
Whereas, the City of Brookings no longer requires the following described property
because the City has acquired or is acquiring drainage and utility easements upon this
property and therefore proposes to exchange the following described property in
exchange for the above-described easements:
Tract 3.
Lot H-1 of Outlot “A” in the Southeast Quarter (SE¼) of Section Thirty-five (35),
Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M.,
to the City of Brookings, County of Brookings, State of South Dakota; and
Whereas, the City of Brookings has determined the exchange of the above-described
property interests for the purposes set forth immediately above is in the best interests of
the City of Brookings;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City of Brookings acquire easements to Tracts One (1) and Two (2) of the
above-described real property from Dorenda R. Ohm; and
B. That the City of Brookings convey title to Tract Three (3) to Dorenda R. Ohm in
exchange for easements to Tracts One (1) and Two (2); and
C. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute
a Real Estate Exchange.
Resolution 15-103. A public hearing was held on Resolution 15-103, a Resolution
approving a Special Assessment for Tree Removal. Public Comment: David Kneip
recommended that the City bid out tree removal in the future. A motion was made by
Council Member Hansen, seconded by Council Member Meyer, that Resolution 15-103
be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Niemeyer, Meyer, and Bacon; Absent: 1 – Thorpe.
Resolution 15-103 - Levy Assessment for Tree Removal
Whereas, the City Manager has submitted to the City Council Special Assessments
against the owner and legal description listed below as hereinafter set out for tree
removal.
Now Therefore Be It Resolved by the City Council of the City of Brookings, South
Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32-
12 as follows: David Kneip, 1217 5th St., tree removal/Dutch Elm Disease in the amount
of $6,822.14; VK Properties, 1402 6th St. & 1227 5th St., tree removal/Dutch Elm
Disease in the amount of $3,930.99; and Todd Voss, 1202 6th St.
Preliminary Plat. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that the Preliminary Plat of Lots 26-31, Block 6; Lot 16,
Block 7; and Lots 16-19, Block 8, Timberline Addition, be approved. The motion carried
by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon;
Absent: 1 – Thorpe.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, to adjourn the meeting at 6:47 p.m. The motion carried by a
unanimous vote.
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 #:RES 15-112,Version:1
Action on Resolution 15-112, a Resolution approving Change Order No. 1 (Final) for 2015-01SWR,
Concrete Maintenance and Overlay Project.
Summary:
This resolution will approve Change Order No. 1 (Final) for 2015-01SWR, Concrete Maintenance
Project, to close out the project.
Background:
This project was the annual concrete project and entailed construction of miscellaneous concrete
work including curb and gutter repair, fillets, valley gutters, curb ramps, and pavement replacement
on Railroad Street. This project also included homeowner trip hazards that weren’t repaired in the
2014 sidewalk area which is west of Medary Avenue South and south of 8th Street South, and the
2015 sidewalk area which is east of Medary Avenue South and south of 17th Avenue South.
The project is completed and ready to be closed out. This resolution adjusts bid quantities to final
actual quantities and for additional work in Valley View Park to install 4” non-reinforced concrete
sidewalk, 6” reinforced concrete sidewalk, ADA panels and curb grinding for a total increase of
$1,555.36. This resolution also increases the completion date by 6 working days for the Valley View
work which was added to the contract at the City’s request. A summary is as follows:
Original Contract Price:$180,147.00
Increase from Previously Approved Change Order:$0.00
Contract Price Prior to this Change Order:$180,147.00
Increase of this Change Order (No. 1):$1,555.36
Contract Price incorporating this Change Order:$181,702.36
This resolution will approve Change Order No. 1 (Final) for an increase of $1,555.36 to the contract
amount and increase the completion date by 6 working days to close out the project.
Fiscal Impact:
The City will close out the project with an increase of $1,555.36 to the contract amount.
Recommendation:
Recommend approval of the resolution.
Attachments:
Resolution
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Resolution 15-112
Resolution Authorizing Change Order No. 1 (Final) for 2015-01SWR
Concrete Maintenance Project, Thorstad Companies
Be it Resolved by the City Council that the following change order be allowed for 2015-
01SWR, Concrete Maintenance Project:
Construction Change Order Number 1 (Final):
Adjust plan quantities to as-constructed quantities for a total increase of $1,555.36 and
increase contract completion date by 6 working days to close out the project.
Passed and approved this 24th day of November, 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 2015-0779,Version:1
Proclamation for Small Business Saturday on November 28, 2015.
Summary:
This proclamation was requested by Elliot Johnson, Director of Downtown Brookings, Inc.
Attachments:
Proclamation
City of Brookings Printed on 11/19/2015Page 1 of 1
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MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS: Small businesses are the backbone of our economy and we celebrate
Brookings’ small businesses and the contributions they make to our local
economies and communities; and
WHEREAS: According to the U.S. Small Business Administration, there are currently
28 million small businesses in the United States, representing more than 99
percent of American companies, creating two-thirds of the net new jobs and
generating half of private gross domestic product; and
WHEREAS: Brookings supports its local businesses that create jobs, boost our local
economy and preserve our communities; and
WHEREAS: Advocacy groups and public and private organizations across the country
have endorsed the Saturday after Thanksgiving as Small Business Saturday; and
WHEREAS: Residents of our community and communities across the country are
being asked to support small businesses and merchants on Small Business
Saturday and throughout the year.
NOW, THEREFORE, BE IT RESOLVED, that I, Tim Reed, Mayor of the City of
Brookings, do hereby proclaim Saturday, November 28, 2015 as:
SMALL BUSINESS SATURDAY
IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of
South Dakota, this 24th day of November, 2015.
Tim Reed, Mayor
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 2015-0814,Version:1
Brookings Area Chamber of Commerce Report.
Summary:
David Merhib, Chamber Executive Director, will provide an update to the Mayor and City Council on
current and upcoming events.
City of Brookings Printed on 11/19/2015Page 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 #:RES 15-113,Version:2
Action on Resolution 15-113, a Resolution awarding the contract for an Automated Garbage Truck.
Summary:
Two bids were received at the bid letting for a new automated garbage truck held on November 10,
2015.
Background:
This bid is to replace the 2008 automated truck per the Capital Improvement Plan for 2016. The truck
is bid this time of year because it takes 9 months for the City to receive the truck. The chassis for this
truck will not be built until the truck is ordered.
Fiscal Impact:
The amount budgeted for this truck in 2016 was $300,000.00. The bid was $269,232.00 plus trade in
of $25,000.00 for total cost of $244,232.00.
Recommendation:
Staff recommends the City of Brookings accept the low bid from Sanitation Products in the amount of
$244,232.00.
Attachments:
Resolution
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Resolution 15-113
Resolution Awarding Bids for Automated Garbage Truck
Whereas, the City of Brookings has received two bids on November 10, 2015 for one
Automated garbage Truck:
Company Bid price Trade-In Total Cost
Sanitation Products, Inc Sioux Falls, SD $ 269,232.00 $ 25,000.00 $ 244,232.00
Northern Truck, Sioux Falls, SD $ 271,318.00 $ 21,318.00 $ 250,000.00
Now Therefore, Be it Resolved that the bid from Sanitation Products, Inc. in the amount
of $244,232.00 be accepted.
Passed and approved this 24th day of November, 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 2015-0797,Version:1
Intention to Exercise Option for Lease Renewal; Eastside Commons for Liquor Store.
Summary:
Our current 10-year lease for the Brookings Municipal Liquor Store expires on August 1, 2016. We
need to provide the property manager for Eastside Commons with a 6-12 month notice of intent to
renew. Such renewal would be either the ability to exercise an option for an extension or re-
negotiate a new lease. Of course, the other alternative is to vacate the premises. The current lease
has an option for another five-year extension at the same terms and conditions if we wish to exercise
the option. Staff recommends exercising the option. To do so, the property manager requires a
letter from the City indicating our intent to exercise the option to prepare the paperwork for the five-
year extension. Our current lease is $6.10 per square foot compared to a market of $8-$16 per
square foot in comparable locations.
Fiscal Impact:
The lease rate of the extension is very favorable considering the retail market and greatly aids in the
profitability of the operation.
Recommendation:
The recommendation is to authorize the City Manager to prepare a letter-of-intent to Eastside
Commons of our intention to exercise the extension option contained in the lease.
City of Brookings Printed on 11/19/2015Page 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 #:ORD 15-020,Version:1
Introduction and First Reading on Ordinance 15-020, an Ordinance amending the Zoning Ordinance
of the City of Brookings and pertaining to an Animal Hospital and Crematorium for the purposes of
administration of the Zoning Ordinance. Public Hearing: December 8, 2015.
Summary:
Proposal: Allow an animal hospital to provide on-site cremation services.
Background: Our zoning ordinance currently allows a crematorium in an I-2 District. An animal
hospital in Brookings would have to go off-site to cremate an animal under the current regulations.
Furnaces come in different sizes and the process generally includes two stages. The larger furnaces
can be used for large animals or for mass cremation of smaller animals. The cremation of animals is
becoming more popular and the service is being performed predominantly by animal hospitals,
humane societies, and animal control departments.
Specifics: The amendments include minor revisions to how an animal hospital and crematorium are
defined. The animal hospital use is also moved from a permitted use in the B-3 and B-4 Districts to a
permitted special use in these districts. Standards can then accompany uses allowed in the
“permitted special use” category. The standards would insure that certain procedures are followed to
reduce/eliminate a nuisance potential for adjacent uses.
Recommendation:
The Planning Commission voted 7 yes and 0 no to recommend approval of the zoning amendments.
Attachments:
Ordinance - clean
Ordinance - marked
Legal Notice
Minutes and Summary
City of Brookings Printed on 11/19/2015Page 1 of 1
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Ordinance 15-020
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to an Animal Hospital and Crematorium 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 hospital: A place where animals, especially domestic animals, are treated for
injuries and diseases. This includes the temporary indoor kenneling of recovering
animals and cremation services.
Crematorium: An establishment containing a furnace used to reduce human or animal
remains to ashes.
Section 2.
ARTICLE IV. – DISTRICT REGULATIONS
DIVISION 1. – GENERALLY
Sec. 94-134. – Business B-3 heavy district
(c) Permitted uses.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(18) Animal hospital
a. All cremation equipment and processes must be confined within an
enclosed building
b. Deceased animal storage areas must be completely within an enclosed
building at all times
Sec. 94-135. – Business B-4 highway district
(c) Permitted uses.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(13) Animal hospital
a. All cremation equipment and processes must be confined within an
enclosed building
b. Deceased animal storage areas must be completely within an enclosed
building at all times
Section 3.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: November 24, 2015
Second Reading:
Published:
City Of Brookings, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
Ordinance 15-020
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to an Animal Hospital and Crematorium 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 hospital: A place where animals, especially domestic animals, are treated for
injuries and diseases. This includes the temporary indoor kenneling of recovering
animals and cremation services.
Crematorium: An establishment containing a furnace used to reduce human or animal
remains to ashes.
Section 2.
ARTICLE IV. – DISTRICT REGULATIONS
DIVISION 1. – GENERALLY
Sec. 94-134. – Business B-3 heavy district
(c) Permitted uses.
(10) Animal hospital
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(18) Animal hospital
a. All cremation equipment and processes must be confined within an
enclosed building
b. Deceased animal storage areas must be completely within an enclosed
building at all times
Sec. 94-135. – Business B-4 highway district
(c) Permitted uses.
(8) Animal hospital
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(13) Animal hospital
a. All cremation equipment and processes must be confined within an
enclosed building
b. Deceased animal storage areas must be completely within an enclosed
building at all times
Section 3.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: November 24, 2015
Second Reading:
Published:
City Of Brookings, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
S:\Cityhall\Granicus\Legistar5\Packets\955_City Council_11_24_2015\0007_3_Legal Notice.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 hospital and crematorium.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, November 3, 2015, in the Chambers Room on the third
floor of the Brookings City and County Government Center at 520 Third Street, Brookings,
South Dakota. Any 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 23rd day of October, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
MINUTES
The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to
an animal hospital and crematorium.
(Pierce/Cameron) Motion to approve the amendments. All present voted aye. MOTION
CARRIED.
SUMMARY
A zoning amendment to include cremation services at animal hospitals was introduced.
Hanson stated that the definitions section was modified for an animal hospital and a
crematorium. In addition, an animal hospital use was moved from the permitted use
category in the Business B-3 and B-4 Districts to a permitted special use. Standards
were then included as prerequisites for the establishment of a crematorium. Locating
the furnace within a building and prohibiting any outside storage of deceased animals
would be required.
Pierce inquired if additional standards were needed for ash disposal or air quality.
Hanson was unaware of any regulations for the disposal of animal ashes. Heuton noted
that the DENR or other state agency would likely have regulations regarding furnace
emissions and air quality standards. Hanson remarked that he had not seen air quality
standards in zoning ordinances but would continue to research the issue. He added
that amendments to an ordinance can be submitted at any time.
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 15-021,Version:1
Introduction and First Reading on Ordinance 15-021, an Ordinance authorizing a Supplemental
Appropriation to the 2015 Budget for the City of Brookings, SD. Public Hearing: December 8, 2015.
Summary:
An Ordinance authorizing a supplemental appropriation to the 2015 budget for the City of Brookings,
South Dakota.
Background:
At least once annually, it is necessary to make adjustments to the City's adopted budget to account
for unanticipated increases and/or decreases in the revenue and expenditures. Some of the reasons
for the adjustments for this amendment include Council authorized land purchase, adjustments to
construction costs, grant receipts/expenditures, and insurance reimbursements and repairs for
damaged equipment/buildings.
Fiscal Impact:
Amends the budget to reflect actual revenues and expenditures
Recommendation:
Staff recommends approval
Attachments:
Ordinance
City of Brookings Printed on 11/19/2015Page 1 of 1
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Ordinance 15-021
An Ordinance authorizing a Supplemental Appropriation to the 2015 Budget
Be It Ordained by the City of Brookings, South Dakota:
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due,
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized
to make the following budget adjustments to the 2015 budget:
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: November 24, 2015
Second Reading: December 8, 2015
Published:
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 15-025,Version:1
Introduction and First Reading on Ordinance 15-025, an Ordinance amending Article II of Chapter 22
of the Code of Ordinances of the City of Brookings and pertaining to the adoption of the 2015
International Building Code, the 2015 International Residential Code, the 2015 International
Mechanical Code, the 2015 International Fire Code, and the 2015 International Existing Building
Code with certain amendments thereto. Public Hearing: December 8, 2015.
Summary:
This ordinance will adopt the 2015 Codes with amendments.
Background:
City staff and the Board of Appeals have discussed the 2015 codes and proposed amendments since
the State of South Dakota has adopted the 2015 codes. The current codes adopted by the City of
Brookings are the 2009 codes. The Board of Appeals met on October 29, 2015 to discuss proposed
amendments to the code. Many of the amendments proposed for the 2015 codes were the same
amendments to the 2009 codes that were previously adopted by the City of Brookings. The Board of
Appeals discussed the following new changes to the 2015 codes:
R302.13 Fire Protection of Floors
This is a new section in the 2015 Residential Building Code. This section would require new home
construction with engineered floor trusses and engineered lumber to sheet-rock the basement
ceilings in all basements, or use dimension lumber. Nearly 90% of new home construction in
Brookings includes engineered floor trusses and engineered lumber. This code requirement would
increase the cost of new home construction. The Board of Appeals discussed the issue and agreed
to delete this section of the code, which could be amended after the state legislature discusses the
topic and the home builders associations could discuss the issue.
Chapter 11 of the 2015 IRC, Energy Efficiency
The Energy Efficiency chapter was changed in the 2015 IRC which would require rigid insulation to
meet the energy requirements of the code. The rigid insulation is more costly than standard
insulation and it is more labor intensive to install the insulation which is precision cut to fit. The
Energy Efficiency chapter also requires an additional inspection following the insulation installation,
which would necessitate additional training for City staff or an outside 3rd party inspector. In addition,
the builder would be required to supply labeling of the products installed and a certificate would need
to be filed with every house stating it met the energy requirements. After discussion, the Board of
Appeals decided to continue use the 2009 Energy Efficiency code with no amendments.
The unofficial Board of Appeals minutes are attached.
The engineering department also recommends the following clarifications to the building codes:
Section R106.2, Site Plan or Plot Plan, under Sections R106, Construction Documents:
The current 2009 amendment that was adopted requires a residential site plan to include erosion and
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File #:ORD 15-025,Version:1
The current 2009 amendment that was adopted requires a residential site plan to include erosion and
sediment controls,and staff is recommending to add “lowest allowable building opening”to the site
plan language.The lowest allowable building openings are determined through the storm drainage
studies,and this language would clarify that the builder shall show the lowest allowable building
opening on the site plan.
Section R401.1, Application, under Chapter 4, Foundations:
City staff has required curb and gutter be installed adjacent to the public street right-of-way before a
building permit can be issued for new home construction. The requirement has been based on
current language in the IRC, Section R403.1.7.3, Foundation Elevation, which relates to establishing
the foundation elevation above the “street gutter”. The proposed code amendment would more
clearly state that curb and gutter is required to be installed before the building permit may be issued.
The amendment would also require curb and gutter on both sides of a corner lot. Staff recommends
this amendment to insure the curb and gutter is in place so the foundation is placed at the proper
height and positive drainage is maintained away from the home.
SectionR401.3 Drainage, under Chapter 4, Foundations:
The proposed amendment language is currently stated in the IRC Section R403.1.7.3 which is under
the section “ Footings on or adjacent to slopes”. The language is being proposed under the
“Drainage” section to pertain to all footings.
The engineering department mailed a notice to local contractors regarding the public hearing on
December 8th.
Fiscal Impact:
None
Recommendation:
Staff recommends approval of the ordinance
Attachments:
Ordinance (clean)
Ordinance (marked)
Board of Appeals minutes
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Ordinance No. 15-025
An Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City
of Brookings and pertaining to the adoption of the 2015 International Building Code,
the 2015 International Residential Code, the 2015 International Mechanical Code, the
2015 International Fire Code, and the 2015 International Existing Building Code with
certain Amendments thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Sec. 22-31. Adoption.
There is adopted by the City those certain codes known as the 2015 Edition of the
International Building Code, the 2015 International Residential Code, the 2015 International
Mechanical Code, the 2015 International Fire Code and the 2015 International Existing
Building Code, which may be used as an alternate to Chapter 34 of the 2009 International
Building code, as recommended by the International Code Council, collectively referred to as
the “International Building Code”, “building code” or “code”. A copy of the building code is on
file in the office of the City Clerk and is available for inspection.
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building Code
adopted by this article and other provisions of city ordinance, state law or rules or regulations
of the city, the provisions of city ordinance, state law or the rules or regulations of the city
shall prevail and be controlling.
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in section
22-31, shall be defined, except where the context clearly indicates a different meaning, as
follows:
Municipality means the City of Brookings.
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the executive
official in charge, who shall be known as the building official and whose duties shall be as
outlined in the International Building Code adopted in section 22-31.
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by
resolution shall have been paid. No amendment to a permit shall be approved until the
additional fee, if any, resulting from an increase in the estimated cost of the building or
structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or sewer, a
permit may be granted; provided, however, that in such case, a deposit guaranteeing the
abandonment of the water services and guaranteeing the abandonment of the sewer
services shall be deposited at the time of application for such permit, the deposit to be in
an amount to be determined by policy of the utility board. Such deposit, but not the fees,
will be refunded upon completion of the work or the city will arrange for such work at
actual cost, plus ten percent to be paid from such deposit. The demolition or removal
shall be completed within 30 days after the issuance of the permit. If water and sewer
services are to be reused or new services required for a new structure in the immediate
future at the same location, deposits may be waived by the building official.
Sec. 22-36. Amendments.
The following amendments to the building code are adopted and incorporated into the
building code:
Section R105.2. Work exempt from permit, under Section R105, “Permits” is amended to
read as follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet.
2. Fences not over 6 feet (1829MM) high.
3. Retaining walls that are not over 4 feet (1219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than 5,000
gallons (18 927 L) and the ratio of height to diameter or width is not greater than 2
to 1.
5. Sidewalks
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support.
Section 105.2 Work exempt from permit, under Section 105 “Permits” is amended to read as
follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet.
2. Fences not over 6 feet (1829MM) high.
3. Retaining walls that are not over 4 feet (1219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than 5,000
gallons (18 927 L) and the ratio of height to diameter or width is not greater than 2
to 1.
5. Sidewalks
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support.
105.5 and R105.5 Expiration, under Section 105 and R105, “Permits”, is amended as
follows:
Every permit issued by the building official under the provisions of this code shall expire
by limitation and become null and void if the building or work authorized by such permit is
not commenced within 180 days from the date of such permit, or if the building or work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days after the time the work is commenced. Before such
work can be recommenced, a new permit shall be first obtained to do so, and the fee
therefore shall be one-half of the amount required for a new permit for such work provided
no changes have been made or will be made in the original plans and specifications for
such and provided further that such suspension or abandonment has not exceeded one
year. In order to renew action on a permit after expiration, the permitee shall pay a new
full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within
which work may commence under that permit when the permittee is unable to commence
work within the time required by this section for good and satisfactory reasons. The
building official may extend the time required by this section for good and satisfactory
reasons. The building official may extend the time for action by the permittee for a period
not exceeding 180 days on written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken. No permit
shall be extended more than once.
Every permit issued by the building official under the provisions of this code shall expire
and become null and void if the building or work is not completed within two years for all
occupancies from the date issued.
Section R106.2 Site Plan or Plot Plan, under Sections R106, Construction Documents, is
amended to read as follows:
The construction documents submitted with the application for permit shall be accompanied
by a site plan showing the size and location of new construction, erosion and sediment
controls in accordance with Chapter 72 of the Code of Ordinances, lowest allowable building
opening, and existing structures on the site and distances from lot lines. In the case of
demolition, the site plan shall show construction to be demolished and the location and size
of existing structures and construction that are to remain on the site or plot. The building
official is authorized to waive or modify the requirement for a site plan where the application
for permit is for alteration or repair or where otherwise warranted.
Section 107.2.5 Site Plan, under Section 107, Submittal Documents, is amended to read as
follows:
The construction documents submitted with the application for permit shall be accompanied
by a site plan showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines, the established street grades and the
proposed finished grades and s applicable, flood hazard areas, floodways, and design flood
elevations, and erosion and sediment controls and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to waive
or modify the requirement for a site plan when the application for permit is for alteration or
repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the
application for permit be accompanied by a final drainage plan for all projects involving one
acre or more of land area. The final drainage plan shall conform to the city approved Storm
Drainage Design and Technical Criteria Manual. All drainage facilities including storm
sewers, on-site detention, drainageways, detention basins and detention channels shall be
designed in compliance with approved engineering design standards and the Storm Drainage
and Technical Criteria Manual and are subject to approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an application to
construct a single-family or two-family dwelling on a lot containing one acre or more of lot
area.
Section R108.6 and 109.4. Work commencing before permit issuance, under Sections R108
and 109, Fees, is amended by replacing with Section R108.6 and 109.4 to read as follows:
R108.6 and 109.4. Work commencing before permit issuance. Any person who commences
work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permit shall be subject to a an investigation fee
established by the applicable governing authority that shall be in addition to the required
permit fees. The minimum investigation fee shall be equal to the amount of the permit fee
required by this code. The payment of such fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty prescribed by law.
Section R112.1 and 113.1 Board of Appeals, General, under Sections R112 and 113, Board
of Appeals, is amended by replacing with R112.1 and 113.1 to include the following:
R112.1 and 113.1 . General.
In order to hear and decide appeals or orders, decisions or determinations made by the
building official relative to the application and interpretation of this code, and to determine the
suitability of alternate materials and methods of construction, there shall be and is created a
board of appeals consisting of members who are qualified by experience and training to pass
on matters pertaining to building construction and who are not employees of the jurisdiction.
The building official shall be an ex-officio member of said board and shall act as secretary to
such board, but shall have no vote on any matter before the board. The board of appeals
shall consist of five members. Each member shall be appointed for a term of five years. The
successors shall be appointed upon the expiration of the respective terms to serve five years.
The successors shall be appointed upon the expiration of the respective terms to serve five
years. A vacancy shall be filled by the mayor with the concurrence of the city council for the
unexpired term of any member who resigns, dies or is removed. The board of appeals shall
elect a chairperson and vice-chairperson from its members. The board shall adopt rules of
procedure for conducting its business, and shall render decisions and findings in writing to
the appellant with a duplicate copy to the building official.
Section R301.2 Climatic and Geographic Design Criteria, under Section 301, Design Criteria,
is amended as follows:
1. Ground Snow Load 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 30 pounds per square foot
(1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope
less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not
less five pounds per square foot (0.24kN/square meter) in addition to the required live
load due to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 25 pounds per square foot
(1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and
offsets in roofs of uneven configuration shall be considered.
2. Wind Speed 90 mph
3. Seismic Design Category A
4. Weathering Severe
5. Frost Line Depth 42 inches (1,067 mm)
6. Termite Damage Slight to Moderate
7. Winter design temperature -11 degrees Fahrenheit
8. Ice barrier enderlayment requirement Yes
9. Air freezing index 3,000
10. Mean annual temperature 46 degrees Fahrenheit
Section 1608.1 General, under Section 1608, Snow Loads, is amended to read as follows:
The building official has determined the minimum roof load to be 40 pounds per square foot
ground snow load.
R302.13 Fire Protection of Floors – delete in its entirety
Section R310 Emergency Escape and Rescue Openings, is amended to read as follows:
Section R310.1, Emergency escape and rescue opening required.
Basements, habitable attics and every sleeping room shall have at least one operable
emergency escape and rescue opening. Where basements contain one or more sleeping
rooms, an emergency egress and rescue opening shall be required in each sleeping room,
but shall not be required in adjoining areas of the basement. Emergency escape and rescue
openings shall open directly into a public way, or to a yard or court that opens into a public
way.
Section R310.2.1, Minimum opening area.
Emergency and escape rescue openings shall have a net clear opening of not less than 4.6
square feet. The net clear opening dimensions required by this section shall be obtained by
the normal operation of the emergency escape and rescue opening from the inside. The net
clear height opening shall not be less than 24 inches (610 mm) and the net clear width shall
not be less than 20 inches (508 mm)
Section R310.2.2, Window sill height.
Emergency escape and rescue openings shall have the bottom of the clear opening not
greater than 48 inches measured from the floor; where the sill height is below grade, it shall
be provided with a window well in accordance with Section R310.2.3.
R310.2.3.1 Ladder and steps.
Window wells with a vertical depth greater than 48 inches shall be equipped with a
permanently affixed ladder or steps usable with the window in the fully open position.
Ladders or steps required by this section shall not be required to comply with Sections
R311.7 and R311.8. Ladders or rungs shall have an inside width of not less than 12 inches
(305 mm), shall project not less than 3 inches (76 mm) from the wall and shall be spaced not
more than 18 inches (457 mm) on center vertically for the full height of the window well.
Section R 310.2.4, Emergency escape windows under decks and porches – delete in its
entirety with the exception where Emergency escape windows will be allowed for a second
story deck with a minimum height of 6’8” above grade.
Section 1030 Emergency Escape and Rescue, is amended to read as follows:
Section 1030.2 Minimum size.
Emergency and escape rescue openings shall have a net clear opening of not less than 4.6
square feet.
Section 1030.3 Maximum height from floor.
Emergency escape and rescue openings shall have the bottom of the clear opening not
greater than 48 inches measured from the floor.
Section 1030.5.2 Ladder and steps.
Window wells with a vertical depth of more than 48 inches shall be equipped with an
approved permanently affixed ladder or steps. Ladders or rungs shall have an inside width of
not less than 12 inches (305 mm), shall project at least 3 inches (76 mm) from the wall and
shall be spaced not more than 18 inches (457 mm) on center (o.c.) vertically for the full height
of the window well. The ladder or steps shall not encroach into the required dimensions of
the window well by more than 6 inches (152 mm). The ladder or steps shall not be
obstructed by the emergency escape and rescue opening. Ladders or steps required by this
section are exempt from the stairway requirements of Section 1011.
Section R313, Automatic Fire Sprinkler Systems – delete in its entirety per state statute.
Section R314.3 Location under Section R314, Smoke Alarms, shall be amended as follows:
1. In each sleeping room
2. Outside each separate sleeping area in the immediate vicinity of the bedroom.
3. On each additional story of the dwelling, including basements and habitable attics and
not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with
split levels and without an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level provided the
lower level is less than one full story below the upper level.
4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or
opening of a bathroom that contains a bathtub or shower unless this would prevent
placement of a smoke alarm required by Section R314.3.
5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke
rising in the stairwell cannot be prevented from reaching the detector by an intervening
door or obstruction.
6. A smoke detector installed to detect a fire in the basement shall be located in close
proximity to the stairway leading to the floor above.
7. The smoke detector installed on a story without a separate sleeping area shall be
located in close proximity to the stairway leading to the floor above.
8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a
wall or on a wall with the top of the detector not less than four inches (102 mm) nor
more than 12 inches (305 mm) below the ceiling.
Section R401.1, Application, under Chapter 4, Foundations, is amended to read as follows:
Section R401.1, Application.
The provisions of this chapter shall control the design and construction of the foundation and
foundation spaces for buildings. In addition to the provisions of this chapter, the design and
construction of foundations in flood hazard areas as established by Table R301.2(1) shall
meet the provisions of Section R322. Wood foundations shall be designed and installed in
accordance with AWC PWF.
Exception: The provisions for this chapter shall be permitted to be used for wood
foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. Where interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15240 mm).
Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in
accordance with accepted engineering practice.
For new home construction, curb and gutter shall be required to be installed on all sides of
the lot adjacent to the public street right-of-way prior to the issuance of the building permit,
except for pre-existing public streets which do not have curb & gutter.
SectionR401.3 Drainage, under Chapter 4, Foundations is amended to read as follows:
R401.3 Drainage
The top of any exterior foundation shall extend above the elevation of the street gutter at
point of discharge or the inlet of an approved drainage device a minimum of 12 inches (305
mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building
official, provided it can be demonstrated that the required drainage to the point of discharge
and away from the structure is provided at all locations on the site. Surface drainage shall be
diverted to a storm sewer conveyance or other approved point of collection that does not
create a hazard. Lots shall be graded to drain surface water away from foundation walls.
The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm).
Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152
mm) of fall within 10 feet (3048 mm), drains or swales shall be constructed to ensure
drainage away from the structure. Impervious surfaces within 10 feet (3048 mm) of the
building foundation shall be sloped a minimum of 2 percent away from the building.
Section 903.2.8. Group R, under R903 Automatic Sprinkler Systems, is amended to read as
follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section
903.3 must be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 occupancies.
2. All R-2 buildings with five (5) or fewer dwelling units or congregate living facilities with
16 or fewer occupants.
Chapter 11 of the 2015 IRC, Energy Efficiency is amended by replacing with Chapter 11 of
the 2009 IRC.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: November 24, 2015
Second Reading: December 8, 2015
Published: December 11, 2015
City of Brookings, SD
_______________________________
Tim Reed, Mayor
ATTEST:
__________________________________
Shari Thornes, City Clerk
Ordinance No. 15-025
An Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City
of Brookings and pertaining to the adoption of the 2015 International Building Code,
the 2015 International Residential Code, the 2015 International Mechanical Code, the
2015 International Fire Code, and the 2015 International Existing Building Code with
certain Amendments thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Sec. 22-31. Adoption.
There is adopted by the City those certain codes known as the 2015 Edition of the
International Building Code, the 2015 International Residential Code, the 2015 International
Mechanical Code, the 2015 International Fire Code and the 2015 International Existing
Building Code, which may be used as an alternate to Chapter 34 of the 2009 International
Building code, as recommended by the International Code Council, collectively referred to as
the “International Building Code”, “building code” or “code”. A copy of the building code is on
file in the office of the City Clerk and is available for inspection.
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building Code
adopted by this article and other provisions of city ordinance, state law or rules or regulations
of the city, the provisions of city ordinance, state law or the rules or regulations of the city
shall prevail and be controlling.
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in section
22-31, shall be defined, except where the context clearly indicates a different meaning, as
follows:
Municipality means the City of Brookings.
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the executive
official in charge, who shall be known as the building official and whose duties shall be as
outlined in the International Building Code adopted in section 22-31.
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by
resolution shall have been paid. No amendment to a permit shall be approved until the
additional fee, if any, resulting from an increase in the estimated cost of the building or
structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or sewer, a
permit may be granted; provided, however, that in such case, a deposit guaranteeing the
abandonment of the water services and guaranteeing the abandonment of the sewer
services shall be deposited at the time of application for such permit, the deposit to be in
an amount to be determined by policy of the utility board. Such deposit, but not the fees,
will be refunded upon completion of the work or the city will arrange for such work at
actual cost, plus ten percent to be paid from such deposit. The demolition or removal
shall be completed within 30 days after the issuance of the permit. If water and sewer
services are to be reused or new services required for a new structure in the immediate
future at the same location, deposits may be waived by the building official.
Sec. 22-36. Amendments.
The following amendments to the building code are adopted and incorporated into the
building code:
Section R105.2. Work exempt from permit, under Section R105, “Permits” is amended to
read as follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 200 120
square feet.
2. Fences not over 7 feet (2134 mm) 6 feet (1829MM) high.
3. Retaining walls that are not over 4 feet (1219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed is not
greater than 5,000 gallons (18 927 L) and the ratio of height to diameter or width
does not exceed is not greater than 2 to 1.
5. Sidewalks and driveways
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support.
Section 105.2 Work exempt from permit, under Section 105 “Permits” is amended to read as
follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet.
2. Fences not over 7 feet (2134 mm) 6 feet (1829MM) high.
3. Oil derricks.
4. 3. Retaining walls that are not over 4 feet (1219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. 4. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18 927 L) and the ratio of height to diameter or width is not greater
than 2 to 1.
6. 5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an accessible
route.
7. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. 7. Temporary motion picture, television and theater state sets and scenery. 9.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less
than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18925 L) and
are installed entirely above ground.
10. 8. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems. 11. Swings and other playground equipment accessory to
detached one- and two-family dwellings.
12. 9. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1372 mm) from the exterior wall and do
not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
105.5 and R105.5 Expiration, under Section 105 and R105, “Permits”, is amended to read
as follows:
Every permit issued shall become invalid unless the work authorized by such permit is
commenced by the building official under the provisions of this code shall expire by
limitation and become null and void if the building or work authorized by such permit is not
commenced within 180 days after its issuance from the date of such permit, or if the
building or work authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of 180 days after the time the work is commenced.
The building official is authorized to grant, in writing one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated. Before such work can be recommenced, a new permit
shall be first obtained to do so, and the fee therefore shall be one-half of the amount
required for a new permit for such work provided no changes have been made or will be
made in the original plans and specifications for such and provided further that such
suspension or abandonment has not exceeded one year. In order to renew action on a
permit after expiration, the permitee shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within
which work may commence under that permit when the permittee is unable to commence
work within the time required by this section for good and satisfactory reasons. The
building official may extend the time required by this section for good and satisfactory
reasons. The building official may extend the time for action by the permittee for a period
not exceeding 180 days on written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken. No permit
shall be extended more than once.
Every permit issued by the building official under the provisions of this code shall expire
and become null and void if the building or work is not completed within two years for all
occupancies from the date issued.
Section R106.2 Site Plan or Plot Plan, under Sections R106, Construction Documents, is
amended to read as follows:
The construction documents submitted with the application for permit shall be accompanied
by a site plan showing the size and location of new construction, erosion and sediment
controls in accordance with Chapter 72 of the Code of Ordinances, lowest allowable building
opening, and existing structures on the site and distances from lot lines. In the case of
demolition, the site plan shall show construction to be demolished and the location and size
of existing structures and construction that are to remain on the site or plot. The building
official is authorized to waive or modify the requirement for a site plan where the application
for permit is for alteration or repair or where otherwise warranted.
Section 107.2.5 Site Plan, under Section 107, Submittal Documents, is amended to read as
follows:
The construction documents submitted with the application for permit shall be accompanied
by a site plan showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines, the established street grades and the
proposed finished grades and s applicable, flood hazard areas, floodways, and design flood
elevations, and erosion and sediment controls and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to waive
or modify the requirement for a site plan when the application for permit is for alteration or
repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the
application for permit be accompanied by a final drainage plan for all projects involving one
acre or more of land area. The final drainage plan shall conform to the city approved Storm
Drainage Design and Technical Criteria Manual. All drainage facilities including storm
sewers, on-site detention, drainageways, detention basins and detention channels shall be
designed in compliance with approved engineering design standards and the Storm Drainage
and Technical Criteria Manual and are subject to approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an application to
construct a single-family or two-family dwelling on a lot containing one acre or more of lot
area.
Section R108.6 and 109.4. Work commencing before permit issuance, under Sections R108
and 109, Fees, is amended by replacing with Section R108.6 and 109.4 to read as follows:
R108.6 and 109.4. Work commencing before permit issuance. Any person who commences
work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permit shall be subject to a an investigation fee
established by the applicable governing authority that shall be in addition to the required
permit fees. The minimum investigation fee shall be equal to the amount of the permit fee
required by this code. The payment of such fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty prescribed by law.
Section R112.1 and 113.1 Board of Appeals, General, under Sections R112 and 113, Board
of Appeals, is amended to read as follows:
R112.1 and 113.1 . General.
In order to hear and decide appeals or orders, decisions or determinations made by the
building official relative to the application and interpretation of this code, and to determine the
suitability of alternate materials and methods of construction, there shall be and is created a
board of appeals consisting of members who are qualified by experience and training to pass
on matters pertaining to building construction and who are not employees of the jurisdiction.
The building official shall be an ex-officio member of said board and shall act as secretary to
such board, but shall have no vote on any matter before the board. The board of appeals
shall be appointed by the governing body and shall hold office at its pleasure. The board of
appeals shall consist of five members. Each member shall be appointed for a term of five
years. The successors shall be appointed upon the expiration of the respective terms to
serve five years. The successors shall be appointed upon the expiration of the respective
terms to serve five years. A vacancy shall be filled by the mayor with the concurrence of the
city council for the unexpired term of any member who resigns, dies or is removed. The
board of appeals shall elect a chairperson and vice-chairperson from its members. The
board shall adopt rules of procedure for conducting its business, and shall render decisions
and findings in writing to the appellant with a duplicate copy to the building official.
Section R301.2 Climatic and Geographic Design Criteria, under Section 301, Design Criteria,
is amended as follows:
1. Ground Snow Load 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 30 pounds per square foot
(1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope
less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not
less five pounds per square foot (0.24kN/square meter) in addition to the required live
load due to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 25 pounds per square foot
(1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and
offsets in roofs of uneven configuration shall be considered.
2. Wind Speed 90 mph
3. Seismic Design Category A
4. Weathering Severe
5. Frost Line Depth 42 inches (1,067 mm)
6. Termite Damage Slight to Moderate
7. Winter design temperature -11 degrees Fahrenheit
8. Ice barrier enderlayment requirement Yes
9. Air freezing index 3,000
10. Mean annual temperature 46 degrees Fahrenheit
Section 1608.1 General, under Section 1608, Snow Loads, is amended to read as follows:
The building official has determined the minimum roof load to be 40 pounds per square foot
ground snow load.
R302.13 Fire Protection of Floors – delete in its entirety
Floor assemblies that are not required elsewhere in this code to be fire-resistance rated, shall
be provided with a ½ inch (12.7mm) gypsum wall board membrane, 5/8 inch (16 mm) wood
structural panel membrane, or equivalent on the underside of the floor framing member.
Penetrations or openings for ducts, vents, electrical outlets, lighting, devices, luminaires,
wires, speakers, drainage, piping and similar openings or penetrations shall be permitted.
Exceptions:
1. Floor assemblies located directly over a space protected by an automatic sprinkler
system in accordance with Section P2904, NFPA 13D, or other approved equivalent
sprinkler system.
2. Floor assemblies located directly over a crawl space not intended for storage or fuel-
fired appliances.
3. Portions of floor assemblies shall be permitted to be unprotected where complying with
the following:
3.1 The aggregate area of the unprotected portions does not exceed 80 square feet
(7.4 m2) per story.
3.2 Fireblocking in accordance with Section R302.11.1 is installed along the perimeter
of the unprotected portion to separate the unprotected portion from the remainder of
the floor assembly.
4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or
greater than 2-inch y 10 inch (50.8 mm by 254 mm) nominal dimension, or other approved
floor assemblies demonstrating equivalent fire performance.
Section R310 Emergency Escape and Rescue Openings, is amended to read as follows:
Section R310.1, Emergency escape and rescue opening required.
Basements, habitable attics and every sleeping room shall have not less than one at least
one operable emergency escape and rescue opening. Where basements contain one or
more sleeping rooms, an emergency egress and rescue opening shall be required in each
sleeping room, but shall not be required in adjoining areas of the basement. Emergency
escape and rescue openings shall open directly into a public way, or to a yard or court that
opens into a public way.
Section R310.2.1, Minimum opening area.
Emergency and escape rescue openings shall have a net clear opening of not less than 5.7
square feet (0.530m2) 4.6 square feet. The net clear opening dimensions required by this
section shall be obtained by the normal operation of the emergency escape and rescue
opening from the inside. The net clear height opening shall not be less than 24 inches (610
mm) and the net clear width shall not be less than 20 inches (508 mm)
Exception: Grade floor or below grade openings shall have a net clear opening of not less
than 5 square feet (0.465 m2).
Section R310.2.2, Window sill height.
Where a window is provided as the emergency escape and rescue opening, it shall have a
sill height of not more than 44 inches (1118 mm) above the floor; Emergency escape and
rescue openings shall have the bottom of the clear opening not greater than 48 inches
measured from the floor; where the sill height is below grade, it shall be provided with a
window well in accordance with Section R310.2.3.
R310.2.3.1 Ladder and steps.
Window wells with a vertical depth greater than 44 inches (1118 mm) 48 inches shall be
equipped with a permanently affixed ladder or steps usable with the window in the fully open
position. Ladders or steps required by this section shall not be required to comply with
Sections R311.7 and R311.8. Ladders or rungs shall have an inside width of not less than 12
inches (305 mm), shall project not less than 3 inches (76 mm) from the wall and shall be
spaced not more than 18 inches (457 mm) on center vertically for the full height of the
window well.
Section R 310.2.4, Emergency escape windows under decks and porches – delete in its
entirety with the exception where Emergency escape windows will be allowed for a second
story deck with a minimum height of 6’8” above grade.
Emergency escape and rescue openings shall be permitted to be installed under decks and
porches provided that the location of the deck allows the emergency escape and rescue
openings to be fully opened and provides a path not less than 36 inches (914 mm) in height
to a yard or court.
Section 1030 Emergency Escape and Rescue, is amended to read as follows:
Section 1030.2 Minimum size.
Emergency and escape rescue openings shall have a net clear opening of not less than 5.7
square feet (0.530m2) 4.6 square feet.
Exception: Grade floor or below grade openings shall have a net clear opening of not less
than 5 square feet (0.465 m2).
Section 1030.3 Maximum height from floor.
Emergency escape and rescue openings shall have the bottom of the clear opening not
greater than 44 inches (1118 mm) 48 inches measured from the floor.
Section 1030.5.2 Ladder and steps.
Window wells with a vertical depth of more than 44 inches (1118 mm) 48 inches shall be
equipped with an approved permanently affixed ladder or steps. Ladders or rungs shall have
an inside width of not less than 12 inches (305 mm), shall project at least 3 inches (76 mm)
from the wall and shall be spaced not more than 18 inches (457 mm) on center (o.c.)
vertically for the full height of the window well. The ladder or steps shall not encroach into the
required dimensions of the window well by more than 6 inches (152 mm). The ladder or
steps shall not be obstructed by the emergency escape and rescue opening. Ladders or
steps required by this section are exempt from the stairway requirements of Section 1011.
Section R313, Automatic Fire Sprinkler Systems – delete in its entirety per state statute.
R313.1 Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in townhouses.
Exception: An automatic residential fire sprinkler system shall not be required where
additions or alterations are made to existing townhouses that do not have an
automatic residential fire sprinkler system installed.
R313.1.1 Design and installation.
Automatic residential fire sprinkler systems for townhouses shall be designed and installed in
accordance with Section P2914 or NFPA 13D.
R313.2 One- and two-family dwellings automatic fire systems.
An automatic residential fire sprinkler system shall be installed in one and two family
dwellings.
Exception: An automatic residential fire sprinkler system shall not be required for
additions or alterations to existing buildings that are not already provided with an
automatic residential sprinkler system.
R313.2.1 Design and installation.
Automatic residential fire sprinkler systems shall be designed and installed in accordance
with Section P2904 or NFPA 13D.
Section R314.3 Location under Section R314, Smoke Alarms, shall be amended as follows:
1. In each sleeping room
2. Outside each separate sleeping area in the immediate vicinity of the bedroom.
3. On each additional story of the dwelling, including basements and habitable attics and
not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with
split levels and without an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level provided the
lower level is less than one full story below the upper level.
4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or
opening of a bathroom that contains a bathtub or shower unless this would prevent
placement of a smoke alarm required by Section R314.3.
5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke
rising in the stairwell cannot be prevented from reaching the detector by an intervening
door or obstruction.
6. A smoke detector installed to detect a fire in the basement shall be located in close
proximity to the stairway leading to the floor above.
7. The smoke detector installed on a story without a separate sleeping area shall be
located in close proximity to the stairway leading to the floor above.
8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a
wall or on a wall with the top of the detector not less than four inches (102 mm) nor
more than 12 inches (305 mm) below the ceiling.
Section R401.1, Application, under Chapter 4, Foundations, is amended to read as follows:
Section R401.1, Application.
The provisions of this chapter shall control the design and construction of the foundation and
foundation spaces for buildings. In addition to the provisions of this chapter, the design and
construction of foundations in flood hazard areas as established by Table R301.2(1) shall
meet the provisions of Section R322. Wood foundations shall be designed and installed in
accordance with AWC PWF.
Exception: The provisions for this chapter shall be permitted to be used for wood foundations
only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. Where interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15240 mm).
Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in
accordance with accepted engineering practice.
For new home construction, curb and gutter shall be required to be installed on all sides of
the lot adjacent to the public street right-of-way prior to the issuance of the building permit,
except for pre-existing public streets which do not have curb & gutter.
SectionR401.3 Drainage, under Chapter 4, Foundations is amended to read as follows:
R401.3 Drainage
The top of any exterior foundation shall extend above the elevation of the street gutter at
point of discharge or the inlet of an approved drainage device a minimum of 12 inches (305
mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building
official, provided it can be demonstrated that the required drainage to the point of discharge
and away from the structure is provided at all locations on the site. Surface drainage shall be
diverted to a storm sewer conveyance or other approved point of collection that does not
create a hazard. Lots shall be graded to drain surface water away from foundation walls.
The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm).
Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152
mm) of fall within 10 feet (3048 mm), drains or swales shall be constructed to ensure
drainage away from the structure. Impervious surfaces within 10 feet (3048 mm) of the
building foundation shall be sloped a minimum of 2 percent away from the building.
Section 903.2.8. Group R, under R903 Automatic Sprinkler Systems, is amended to read as
follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section
903.3 must be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 occupancies.
2. All R-2 buildings with five (5) or fewer dwelling units or congregate living facilities with
16 or fewer occupants.
Chapter 11 of the 2015 IRC, Energy Efficiency is amended by replacing with Chapter 11 of
the 2009 IRC.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: November 24, 2015
SECOND READING: December 8, 2015
PUBLISHED: December 11, 2015
CITY OF BROOKINGS
_______________________________
Tim Reed, Mayor
ATTEST:
__________________________________
Shari Thornes, City Clerk
Unapproved Minutes of the Brookings Board of Appeals
Brookings, SD 57006
October 29, 2015
The City of Brookings Board of Appeals was called to order by Chairperson
Spencer Hawley on Thursday, October 29, 2015, at 11:00 AM in conference room #147
located on the first floor of the City & County Government Center at 520 3rd Street.
Members present were David Bertelson, Mike Clites, George Houtman, Jonathan
Meendering, and Hawley. Also present were Building Services Administrator Greg
Miller, City Engineer Jackie Lanning, Fire Chief Darrell Hartman, and Deputy Fire Chief
Pete Bolzer.
Item #2 – Approval of the Agenda.
Item #3 – (Bertelson/Clites) Motion to approve the minutes from the January 16, 2014
meeting. All present voted aye. MOTION CARRIED.
New Business
Item #4a – Election of Chairperson and Vice-Chairperson
Clites made a motion to reelect Spencer Hawley as Chairperson and elect Jonathan
Meendering as Vice Chairperson. All present voted aye. MOTION CARRIED.
Item #4b – Discussion of the adoption of the 2015 Building Code and possible
amendments.
Lanning and Miller provided a handout with suggestions to the Board of possible
amendments to the 2015 Building Code if the Board choses to move forward with
adopting this code.
Section 105.2 & R105.2. Work exempt from permit, Subsection “Building”:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120
square feet.
2. Fences not over 6 feet (1829MM) high.
3. Retaining walls that are not over 4 feet (1219mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18 927 L) and the ratio of height to diameter or width is not
greater than 2 to 1.
5. Sidewalks
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more
than 54 inches (1372mm) from the exterior wall and do not require additional
support.
Miller stated that the previous section is currently in the code amendments and
we need to keep this if we adopt the 2015 Codes. There was no further
discussion on this section.
---------------------------------------------------------------------------------------------------------------------
Section 105.5 and R105.5 Expiration. Every permit issued by the building official under
the provisions of this code shall expire by limitation and become null and void if the
building or work authorized by such permit is not commenced within 180 days from the
date of such permit, or if the building or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of 180 days. Before
such work can be recommenced, a new permit shall be first obtained to do so, and the
fee therefore shall be one-half of the amount required for a new permit for such work
provided no changes have been made or will be made in the original plans and
specifications for such and provided further that such suspension or abandonment has
not exceeded one year. In order to renew action on a permit after expiration, the
permitee shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within
which work may commence under that permit when the permittee is unable to
commence work within the time required by this section for good and satisfactory
reasons. The building official may extend the time required by this section for good and
satisfactory reasons. The building official may extend the time for action by the
permittee for a period not exceeding 180 days on written request by the permittee
showing that circumstances beyond the control of the permittee have prevented action
from being taken. No permit shall be extended more than once.
Every permit issued by the building official under the provisions of this code shall expire
and become null and void if the building or work is not completed within two years for all
occupancies from the date issued.
Miller stated the code does not have a section pertaining to expiring or expired
permits. The City of Brookings does have an expiration date on permits
therefore, this amendment will need to be made if the 2015 Codes are adopted.
No further discussion.
------------------------------------------------------------------------------------------------------------------
Section R106.2 Site Plan or Plot Plan:
The construction documents submitted with the application for permit shall be
accompanied by a site plan showing the size and location of new construction, erosion
and sediment controls in accordance with Chapter 72 of the Code of Ordinances, and
existing structures on the site and distances from lot lines. In the case of demolition, the
site plan shall show construction to be demolished and the location and size of existing
structures and construction that are to remain on the site or plot.
Lanning explained that this amendment was added to the previous code due to
recent changes required by DENR. There were changes adopted in Chapter 72,
Storm Drainage, which made the amendment necessary. There was no further
discussion regarding this amendment.
---------------------------------------------------------------------------------------------------------------------
Section 107.2.5 Site Plan:
The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction
and existing structures on the site, distances from lot lines, the established street
grades and the proposed finished grades and erosion and sediment controls in
accordance with an accurate boundary line survey. In the case of demolition, the site
plan shall show construction to be demolished and the location and size of existing
structures and construction that are to remain on the site or plot. The building official is
authorized to waive or modify the requirement for a site plan when the application for
permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the
application for permit be accompanied by a final drainage plan for all projects involving
one acre or more of land area. The final drainage plan shall conform to the city
approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities
including storm sewers, on-site detention, drainageways, detention basins and
detention channels shall be designed in compliance with approved engineering design
standards and the Storm Drainage and Technical Criteria Manual and are subject to
approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an
application to construct a single-family or two-family dwelling on a lot containing one
acre or more of lot area.
Lanning explained that this amendment was added to the previous code due to
recent changes required by DENR. There were changes adopted in Chapter 72,
Storm Drainage, which made the amendment necessary. There was no further
discussion regarding this amendment.
---------------------------------------------------------------------------------------------------------------------
Section 109.4 and R108.6. Work commencing before permit issuance, is amended by
replacing with Section 109.4 and R108.6 to read as follows:
109.4 and R108.6. Investigation Fee. An investigation fee, in addition to the
permit fee shall be collected whether or not a permit is then or subsequently issued.
The minimum investigation fee shall be equal to the amount of the permit fee required
by this code. The payment of such fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
Miller explained that this is currently an amendment. No further discussion.
---------------------------------------------------------------------------------------------------------------------
Section 113.1 and R112.1. Board of Appeals, General, is amended by replacing with
113.1 and R113.1 to include the following:
113.1 and R112.1. General. In order to hear and decide appeals or orders,
decisions or determinations made by the building official relative to the application and
interpretation of this code, and to determine the suitability of alternate materials and
methods of construction, there shall be and is created a board of appeals consisting of
members who are qualified by experience and training to pass on matters pertaining to
building construction and who are not employees of the jurisdiction. The building official
shall be an ex-officio member of and shall act as secretary to such board, but shall have
no vote on any matter before the board. The board of appeals shall consist of five
members. Each member shall be appointed for a term of five years. The successors
shall be appointed upon the expiration of the respective terms to serve five years. The
successors shall be appointed upon the expiration of the respective terms to serve five
years. A vacancy shall be filled by the mayor with the concurrence of the city council for
the unexpired term of any member who resigns, dies or is removed. The board of
appeals shall elect a chairperson and vice-chairperson from its members. They shall
adopt rules of procedure for conducting the business of the board of appeals, and shall
render all decisions and findings in writing to the appellant with a duplicate copy to the
building official.
Lanning explained that this section describes the members of the Board of
Appeals and the terms of the members. No further discussion.
--------------------------------------------------------------------------------------------------------------------
Section R301.2 Climatic and Geographic Design Criteria, is amended as follows:
1. Ground Snow Load 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm)
shall be designed for a full or unbalanced snow load of not less than 30 pounds per
square foot (1.44kN/square meter) of horizontal projection. Where a roof system is
designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a
surcharge load of not less five pounds per square foot (0.24kN/square meter) in
addition to the required live load due to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall
be designed for a full or unbalanced snow load of not less than 25 pounds per
square foot (1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and
offsets in roofs of uneven configuration shall be considered.
2. Wind Speed 90 mph
3. Seismic Design Category A
4. Weathering Severe
5. Frost Line Depth 42 inches (1,067 mm)
6. Termite Damage Slight to Moderate
7. Winter design temperature -11 degrees Fahrenheit
8. Ice barrier enderlayment requirement Yes
9. Air freezing index 3,000
10. Mean annual temperature 46 degrees Fahrenheit
Section 1608.1 General, under Section 1608, Snow Loads:
The building official has determined the minimum roof load to be 40 pounds per square
foot ground snow load.
Miller explained that these amendments clarify the code requirements and do not
change any of the charts shown in the code.
---------------------------------------------------------------------------------------------------------------------
Sections R310 and 1030, Emergency escape and rescue:
Section R310.1 and 1030.1, Emergency escape and rescue required. Basements and
every sleeping room shall have at least one operable emergency escape and rescue
opening. Such opening shall open directly into a public street, public alley, yard or court.
Where basements contain one or more sleeping rooms, emergency egress and rescue
openings shall be required in each sleeping room, but shall not be required in adjoining
areas of the basement.
Section R310.2.1, Minimum opening area. All emergency escape and rescue openings
shall have a minimum net clear opening of 4.6 square feet (0.530m2).
Section 1030.2, Minimum size. All emergency escape and rescue openings shall have a
minimum net clear opening of 4.6 square feet (0.530m2).
Section R310.2.2, Window sill height. Emergency escape and rescue openings shall
have the bottom of the clear opening not greater than 48 inches (1118) measured from
the floor.
Section 1030.3 Maximum height from floor. Emergency escape and rescue openings
shall have the bottom of the clear opening not greater than 48 inches (1118) measured
from the floor.
R310.2.3.1 and 1030.5.2 Ladder and steps. Window wells with a vertical depth greater
than 48 inches (1118mm) shall be equipped with a permanently affixed ladder or steps
usable with the window in the fully open position.
Section R 310.2.4, Emergency escape windows under decks and porches – delete in its
entirety.
Miller and Bolzer explained that the minimum net clear opening in the code is 5.7
square feet; however 4.6 square feet is sufficient and they recommend this
amendment. In addition they feel the window sill height should be 48 inches
rather than the 44 inches from the floor which would be required in the 2015
codes. Miller and Bolzer also stated that they highly recommend that we do not
allow egress windows under decks or porches and they suggest deleting this
section in its entirety. After discussion with the Board, it was recommend that
they add the exception of a second story deck of a height of 6’8”. Escape
windows under second story decks should be allowed.
--------------------------------------------------------------------------------------------------------------------
Section R313, Automatic Fire Sprinkler Systems – delete in its entirety
No discussion.
--------------------------------------------------------------------------------------------------------------------
Section R314.3 Location under Section R314, Smoke Alarms, shall be amended to
include the following:
1. A smoke detector installed in a stairwell shall be so located as to ensure that smoke
rising in the stairwell cannot be prevented from reaching the detector by an intervening
door or obstruction.
2. A smoke detector installed to detect a fire in the basement shall be located in close
proximity to the stairway leading to the floor above.
3. The smoke detector installed on a story without a separate sleeping area shall be
located in close proximity to the stairway leading to the floor above.
4. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from
a wall or on a wall with the top of the detector not less than four inches (102 mm) nor
more than 12 inches (305 mm) below the ceiling.
Miller explained that the recommended amendments are to clarify the smoke
detector locations to be more specific and Bolzer supported the amendment.
-------------------------------------------------------------------------------------------------------------------
Section 903.2. Group R, Automatic Sprinkler Systems, is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 must be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 occupancies.
2. All R-2 buildings with five (5) or fewer dwelling units or congregate living facilities
with 16 or fewer occupants.
Miller explained that this amendment was adopted in 2014 and staff recommends
keeping the amendment to the 2015 code. No further discussion on this item.
-------------------------------------------------------------------------------------------------------------------
Chapter 11 of the 2015 IRC, Energy Efficiency is amended by replacing with Chapter 11
of the 2009 IRC with the following amendments:
Table N1102.1: Insulation and Fenestration Requirements by Component.
Under column “Wood Frame Wall R-Value, change R-Value 20 to be R-
Value 19.
Delete footnote @-R-values are minimums. U-factors and solar heat gain coefficient
(SHGC) are maximums. R-19 batts compressed in nominal 2X6 framing cavity such
that the R value is reduced by R-1 or more shall be marked with the compressed batt R-
value in addition to the full thickness R-value.
Miller stated that amending the code to the keep the 2009 Energy Efficiency
requirement should be considered to help with cost savings in new construction.
After lengthy discussion by the Board, it was recommended that they delete
Chapter 11 in its entirety and replace with the 2009 Code. The Board agreed there
should be no amendments to the 2009 Energy Efficiency requirements.
---------------------------------------------------------------------------------------------------------------------
Discussion of new requirement in the 2015 IRC
R302.13 Fire Protection of Floors
Bolzer explained that the 2015 code states that ½” gypsum board will be required
on lightweight construction on floors. Bolzer would like to see that the City
require sheetrock in those situations. The sheetrock would allow for a sufficient
amount of time for firefighters to enter a structure in a recovery situation and the
floor would also remain stable for a longer amount of time. Miller explained that
he talked to Sioux Falls regarding this code and they are still unsure what they
are going to adopt for an amendment. Hawley questioned what the State is going
to do with this section of the code. Miller and Bolzer both stated that the State is
unsure at this time and they both thought that the issue may be brought up in the
next Legistlative Session. Hawley suggested that in order to move forward with
the adoption of the 2015 codes, they should refrain from making any amendments
to the 2015 IRC codes, Section R302.13. A future meeting could be scheduled to
discuss the amendments to this Section after the State has reviewed it.
------------------------------------------------------------------------------------------------------------------
(Houtman/Bertelson) Motion to move forward with the adoption of the 2015
codes, with the above amendments and suggestions. All present voted aye.
Motion Passed.
The meeting was adjourned.
Submitted by:
Jackie Lanning, City Engineer
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 15-022,Version:1
Introduction and First Reading on Ordinance 15-022, an Ordinance amending Chapter 14 of the
Code of Ordinances of the City of Brookings, South Dakota to include provisions pertaining to the
keeping of chickens in the City of Brookings. Public Hearing: December 8, 2015.
TO: City Council and Citizens of Brookings
FROM: Council Member Patty Bacon
The drive to live sustainably is important to many Brookings residents. We see this shift in our
citizens and businesses more every day. They want to ride their bikes safely, to install renewable
energy, and to buy environmentally friendly local products. They feel the need to recycle, reduce,
and reuse, and they are getting excited about the simple things in life like getting outside in the
backyard gardening, canning the food they grew themselves, and raising a small flock of hens for
eggs to feed their families.
We are a city actively trying to strengthen our transportation infrastructure and become more bike
friendly. We’re exploring how to promote more public art and urban agriculture. We want to improve
our healthcare system, enhance our social amenities, and boost our local economy. There are a few
dozen people interested in raising backyard hens and many more that simply support the right to
raise a few hens because they see the community building benefits associated with this right. We
want people to be self-reliant, to promote diversity, and to enhance our local food systems. This issue
is becoming increasingly important to the people of Brookings.
We should support our citizens that want to live a more active and healthy lifestyle, to be engaged in
their food systems, to cook more, to share, to create, and to connect with their neighbors in simple
ways. This is how we strengthen our community, by listening to our residents and allowing backyard
hen keeping that is responsive to our animal control ordinance and respects private property rights.
Attachments:
Ordinance - clean
Ordinance - marked
Presentation
City of Brookings Printed on 11/19/2015Page 1 of 1
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Ordinance 15-022
An Ordinance Amending Chapter 14 of the Code of Ordinances of the City
of Brookings, South Dakota to include provisions pertaining to the keeping of
chickens in the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
The following Sections of Chapter 14 of the Code of Ordinances of the City of Brookings
are hereby revised:
I.
Sec. 14-6. - Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than six domestic pets,
including, but not limited to, dogs, cats and rabbits over the age of four months, except
birds and fish, upon any lot or premises in the city, unless such person or caretaker
resides within the lot or premises and has a valid pet shelter or kennel license issued by
the city. For the purpose of limiting number of pets, three chickens are the equivalent of
one domestic pet. Up to six hens are allowed per residence. The city animal shelter and
veterinarian offices are exempt from the provisions of this section.
Sec. 14-82. - Proximity of fowl to dwellings.
It is unlawful for any person to enclose or house any guinea fowl, ducks, geese, turkeys
or other domestic fowl, except hens and pigeons, and except falcons or hawks in the
possession of a state and federally licensed handler, in any house, pen, coop or
enclosure or other building situated within a distance of 125 feet of any church, school
or other public building or within 125 feet of any dwelling, store or other building used or
occupied as a residence of any person other than that of the owner or caretaker of such
fowl. Hens in any house, pen, coop or enclosure must be at least 25 feet from any
church, school or public building and must be at least 25 feet from any dwelling, store or
other building used or occupied as a residence of any person other than that of the
owner or caretaker of the hens.
Sec. 14-90. - Keeping of game birds prohibited.
No person may keep or have any game birds, including but not limited to, pheasants,
geese, ducks, quail and partridge in any house, pen, coop or enclosure or other building
situated within a distance of 125 feet of any church, school or other public building or
within 125 feet of any dwelling, store or other building used or occupied as a residence
of any person other than that of the owner or caretaker of such fowl. Chickens are not
considered a game bird.
Sec. 14-91. - Keeping of hens.
The keeping of up to six hens are allowed per residence; roosters are prohibited.
Nuisance issues relating to hens shall be covered under the current rules and
regulations pertaining to animal nuisances in Section 14-9 of this Chapter.
Sec. 14-151. - Required.
It is unlawful for any person within the city to keep, maintain or have in their custody or
under their control any dog, or cat which is over the age of three months, or chickens,
without first having obtained a license for the dog, cat or chickens from an authorized
agent of the city.
Sec. 14-152. - Application.
Any person desiring to keep, maintain or have in their custody or control within the city,
any dog, cat or chickens, shall, on or before December 31st of each year, make an
application to an authorized agent of the city for a license to keep such dog, cat or
chickens. Such application shall be in writing, stating the name, sex, color and other
distinguishing characteristics (e.g., such as guard dog) of such dog or cat and the name
of the owner or caretaker thereof. The license application shall be made on a printed
form furnished by an authorized agent and shall be filed with an authorized agent of the
city.
Sec. 14-154. - Fee.
Before any license may be issued under the provisions of this article, the applicant shall
pay to an authorized agent a fee for each dog, cat or chickens to be licensed. The
annual fee for such license shall be determined from time to time by resolution of the
city council.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: November 24, 2015
Second Reading: December 8, 2015
Published:
City of Brookings, South Dakota
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Ordinance 15-022
An Ordinance Amending Chapter 14 of the Code of Ordinances of the City
of Brookings, South Dakota to include provisions pertaining to the keeping of
chickens and Pertaining to Animals in the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
The following Sections of Chapter 14 of the Code of Ordinances of the City of Brookings
are hereby revised:
I.
Sec. 14-6. - Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than six domestic pets,
including, but not limited to, dogs, cats and rabbits over the age of four months, except
birds and fish, upon any lot or premises in the city, unless such person or caretaker
resides within the lot or premises and has a valid pet shelter or kennel license issued by
the city. For the purpose of limiting number of pets, three chickens are the equivalent of
one domestic pet. Up to six hens are allowed per residence. The city animal shelter and
veterinarian offices are exempt from the provisions of this section.
Sec. 14-82. - Proximity of fowl to dwellings.
It is unlawful for any person to enclose or house any guinea fowl, ducks, geese, turkeys
or other domestic fowl, except hens and pigeons, and except falcons or hawks in the
possession of a state and federally licensed handler, in any house, pen, coop or
enclosure or other building situated within a distance of 125 feet of any church, school
or other public building or within 125 feet of any dwelling, store or other building used or
occupied as a residence of any person other than that of the owner or caretaker of such
fowl. Hens in any house, pen, coop or enclosure must be at least 25 feet from any
church, school or public building and must be at least 25 feet from any dwelling, store or
other building used or occupied as a residence of any person other than that of the
owner or caretaker of the hens.
Sec. 14-90. - Keeping of game birds prohibited.
No person may keep or have any game birds, including but not limited to, pheasants,
geese, ducks, quail and partridge in any house, pen, coop or enclosure or other building
situated within a distance of 125 feet of any church, school or other public building or
within 125 feet of any dwelling, store or other building used or occupied as a residence
of any person other than that of the owner or caretaker of such fowl. Chickens are not
considered a game bird.
Sec. 14-91. - Keeping of hens.
The keeping of up to six hens are allowed per residence; roosters are prohibited.
Nuisance issues relating to hens shall be covered under the current rules and
regulations pertaining to animal nuisances in Section 14-9 of this Chapter.
Sec. 14-151. - Required.
It is unlawful for any person within the city to keep, maintain or have in their custody or
under their control any dog, or cat which is over the age of three months, or chickens,
without first having obtained a license for the dog, cat or chickens from an authorized
agent of the city.
Sec. 14-152. - Application.
Any person desiring to keep, maintain or have in their custody or control within the city,
any dog, cat or chickens, shall, on or before December 31st of each year, make an
application to an authorized agent of the city for a license to keep such dog, cat or
chickens. Such application shall be in writing, stating the name, sex, color and other
distinguishing characteristics (e.g., such as guard dog) of such dog or cat and the name
of the owner or caretaker thereof. The license application shall be made on a printed
form furnished by an authorized agent and shall be filed with an authorized agent of the
city.
Sec. 14-154. - Fee.
Before any license may be issued under the provisions of this article, the applicant shall
pay to an authorized agent a fee for each dog, cat or chickens to be licensed. The
annual fee for such license shall be determined from time to time by resolution of the
city council.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: November 24, 2015
Second Reading: December 8, 2015
Published:
City of Brookings, South Dakota
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Backyard Chickens:
Give Brookings Something to Cluck About
Presented by Meghan Throeau on behalf of the Dakota Rural Action
Brookings County Chapter and the Brookings Chicken Advocates
Our Request
The Dakota Rural Action (DRA)
Brookings County Chapter and the
Brookings Chicken Advocates request
that the Brookings City Council amend
current ordinances and rules to allow for
the keeping of 6 or fewer hens within the
city limits of Brookings.
Our Ag Community
The city of Brookings is a proud ag community.
The outer limits of town are lined with farm
land, SDSU is a leading ag school, and proof of
our ag roots can be seen all across town.
Left: Grain silos are
seen in Brookings.
Keeping of Animals in Town
A large number of Brookings residents are
proud animal lovers and provide great housing
for their pets. Many dog kennels that can be
found around town are similar to the coop
structures that 6 or fewer hens would demand.
Above: Dog houses in Brookings, like the ones pictured here, would serve as
perfect housing for hens.
The Community Wants Chickens!
Members of the Brookings community
are voicing their support for backyard
chickens through letters, comments, and a
petition.
The DRA Brookings County Chapter,
made up of 50+ members, has voted in
support of backyard chickens.
The Brookings Chicken Advocates group
has gained the support of more than 90
people in just the last few months.
Residents Attend Viewing of Mad
City Chickens Documentary
Many Brookings residents attended a recent
showing of the documentary Mad City Chickens,
which explores backyard city chicken keeping.
A discussion about chickens followed the
showing where great support was voiced.
Above: Brookings residents attend a viewing of Mad City Chickens.
Brookings Residents Submit Video Comments
http://www.youtube.com/watch?v=AtMHntwOxMc
Chickens Build Community
Chicken supporters met at the Brookings
Farmers Market to discuss the possibility of
raising chickens in town.
People were encouraged to create chicken
art at the market.
Left: Brookings resident showcases her chicken art. Right: Chicken
supporters host a Farmers Market table.
Informational Materials
DRA and BCA have been hard at work creating
informational materials to inform the community
about backyard chickens and proper techniques
for chicken and egg handling.
Other SD Cities Allow Chickens
Sioux Falls, Bruce, White, Wasta, and Flandreau are
just some of the cities that allow chickens.
Cities like Rapid City and Pierre are currently
discussing changing their ordinances to allow for
chickens as well.
Left: A Sioux Falls backyard coop. Right: Pierre held a Tour de Coop this year.
Chickens Support Sustainability
Chickens help provide food for families,
thus aiding in economic and
environmental sustainability.
The Brookings Sustainability Council
studied the issue of backyard chickens
over several months. Their final decision
was to recommend allowing chickens in
Brookings.
Chickens in Town Have a
History
During WWII people living in towns were
encouraged to raise chickens as their civic
duty.
Right: A United States Department of
Agriculture (USDA) poster encourages
US families to raise hens in their
backyards. The poster reads:
“Two hens in the back yard for each
person in the house will keep a family
in fresh eggs.”
Our Request
For these reasons and several others we ask that the City Council
allow backyard chickens in Brookings under the following terms:
◦Limit the number of chickens a person can own to six;
◦No roosters;
◦Coops must be located no less than 25 feet from homes neighboring
the chicken owner’s dwelling;
◦Coops must be temporary structures with enclosed runs, similar to dog
houses and kennels;
◦Coops must be maintained in a clean and sanitary manner;
◦No chickens roaming at-large;
◦The backyard chicken ordinance should be regulated in the Animal
Section and the Planning and Zoning definition of ‘Agriculture’ should be
amended to exclude flocks of six or more as agricultural use, and;
◦All nuisance issues should be covered under current rules and
regulations pertaining to animal nuisance.
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 15-023,Version:2
Action on Ordinance 15-023, an Ordinance amending Division 5 of Chapter 2 of the Code of
Ordinances of the City of Brookings South Dakota, and pertaining to Terms of Office of Members of
the Sustainability Council of the City of Brookings.
Summary:
The Sustainability Council has recommended an amendment to modify the Sustainability Council
membership structure to include one student enrolled in a post-secondary educational institution.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
City of Brookings Printed on 11/19/2015Page 1 of 1
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Ordinance 15-023
An Ordinance Amending Division 5 of Chapter 2 of the Code of Ordinances
of the City of Brookings, South Dakota, and Pertaining to Terms of Office of
Members of the Sustainability Council of the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, that the following Ordinances are hereby amended:
I.
Sec. 2-198. - Manner of composition, appointment, terms, compensation.
(a) The Sustainability Council shall consist of nine (9) or more members who are
representative of the community-at-large, business/industry, higher education, students
and public agencies interested in sustainability practices. One member of the council
shall be a student enrolled in a post-secondary educational institution.
(b) Members of the Brookings Sustainability Council will be appointed by the Mayor
with the advice and consent of the council for the following terms of office:
(i) The term of the student member shall commence in May and shall be
for a term of one (1) year;
(ii) The term of all other members of the Sustainability Council shall
commence in January and shall be for a term of three (3) years.
(c) Any member whose term expires may be reappointed.
(d) All members of the Sustainability Council shall serve without compensation.
Sec. 2-200. - Vacancies.
(a) If a vacancy on the Sustainability Council occurs prior to the expiration of a term,
the vacancy may be filled by appointment, for the following terms:
(i) A term not exceeding one (1) year for the student member;
(ii) A term not exceeding three (3) years for all other members.
(b) If a member is absent from three consecutive regular meetings without
authorization from the Chairperson, the member's seat may be considered vacant and a
new member may be appointed.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: November 10, 2015
Second Reading: November 24, 2015
Published: November 30, 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 #:ID 2015-0811,Version:1
Action on Preliminary Plat of Wilbert Square Addition, SW ¼, Section 19-T110N-R49W.
Summary:
Proposal: Create a commercial subdivision for highway business uses.
Background: This 26 acre parcel is located north of Lowes on the east side of 25th Avenue. It is
bordered on the north by the SDSU Innovation Campus Research Park and on the east by I-29. A
motel has recently been proposed across 25th Avenue to the west. The land has been zoned for
residential and industrial uses in the past, but is now in the Business B-4 District.
Specifics: The various elements of this subdivision plan are addressed below:
·Street design - Wilbert Court is proposed as a local commercial street (60’ R.O.W. with wider
roadway) with two connections to 25th Avenue. Twenty-fifth Avenue and 10th Street are
collector streets in this area. The intersection offset distance on 25th Avenue, between the 9th
Street intersection and Wilbert Court intersection, meets the subdivision regulations.
·Land design - Lots have been proposed with areas ranging from .9 to 2.5 acres in size and all
lots have frontage lengths exceeding 150 feet. This design meets the B-4 District area
regulations. Lots could be combined if larger developments are anticipated. The developer
also has the option to revise the plan at any time in the future.
·Drainage plan - The City Engineer’s Department will require a preliminary drainage plan for
this phase. The plan shows future detention ponds in the northwest and southeast corners.
There is a ridge that runs diagonally through the acreage that creates two sub basins for
drainage. Approval of this plan should be subject to an approved preliminary drainage plan.
·Grading plan - Grading is anticipated to be minimal except for the detention pond areas and
along the south property line.
Recommendation:
The Planning Commission voted 7 yes and 0 no to recommend approval of the preliminary plat
subject to an approved preliminary stormwater drainage plan by the City Engineer’s Department.
Attachments:
Legal Notice
Minutes and Summary
Preliminary Plat Drawing
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please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
S:\Cityhall\Granicus\Legistar5\Packets\955_City Council_11_24_2015\0012_1_Legal Notice.doc
NOTICE OF HEARING ON A PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That Den-Wil Investments, Inc. has submitted a
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
Wilbert Square Addition, in the SW ¼ of Section 19-T110N-R49W
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, November 3, 2015, in the Chambers Room
on the third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any 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
Den-Wil Investments, Inc. has submitted a preliminary plat of Wilbert Square Addition,
in the SW1/4 of Section 19-T110N-R49W.
(Heuton/Gregg) Motion to approve the preliminary plat subject to an approved
preliminary drainage plan. All presented voted aye. MOTION CARRIED.
SUMMARY
The preliminary plat consisted of 26 acres north of the Lowes Home Improvement
Store. The street layout conformed to the subdivision requirements and the lot sizes
and frontage widths met the zoning regulations for the Business B-4 District. The plan
included two detention pond areas for stormwater drainage and a drainage area along
the south lot line.
Dennis Bielfeldt, owner of the property, stated he was currently designing underground
stormwater detention for the acreage. Cameron remarked that the 70’ wide existing
drainage easement alone the south side could be an issue for the development of the
lots. Bielfeldt felt the 70’ width could be reduced depending upon a new drainage
design. Hanson noted that the City Engineer’s Department and Brookings Municipal
Utilities would have to discuss that option with the developer since there were utilities
already installed in the ground.
PRELIMINARY PLAT
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 2015-0817,Version:1
Action on the creation of an Affordable Housing Task Force.
TO:City Council and Citizens of Brookings
FROM:Council Member Patty Bacon
The City Council is undertaking a number of initiatives to improve the quality of life for all its
residents. Affordable housing is a very serious quality of life issue. There are currently numerous
barriers to affordable housing for local citizens in the middle and low income categories. The issues
range from no housing stock available at the $150,000 range that isn’t a “fixer upper”, to 50% of our
renters being cost burdened (paying more than 30% of their income on housing costs), to an
insufficient number of subsidized units for low income families and individuals.
Affordable housing is also a driver for economic development, be it a large employer or a small
business looking to locate and/or expand in the community. We lost 800 jobs to Sioux Falls in 2006
because of the lack of affordable housing stock in both the homeownership and rental markets.
In order to begin addressing these housing issues, we see the need to create an Affordable Housing
Task Force whose responsibility it will be to advise the City Council, City Manager, and City Boards
on housing-related issues; help advance the creation and availability of affordable housing for middle
and low income residents of Brookings; and deliver proposals to the City Council on potential
incentives for the creation of affordably priced single family dwellings and affordable rental units for
middle and low income residents of Brookings.
Recommendation:
Staff recommends approval.
Attachments:
Charter
City of Brookings Printed on 11/19/2015Page 1 of 1
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Proposed Affordable Housing Task Force Charter
Submitted by: Patty Bacon, Council Member
Purpose:
The role of the Brookings Affordable Housing Task Force (BAHTF) is to advise the City
Council, City Manager, and City Boards on housing-related issues; help advance the
creation and availability of affordable housing for middle and low income residents of
Brookings; and deliver proposals to the City Council on potential incentives for the
creation of affordably priced single family dwellings and affordable rental units for
middle income residents of Brookings.
Objectives:
1) Adopt an agreed-upon definition of “affordable” to be used as a mainstay for the
Task Force’s work around owner-occupied and rental housing.
2) Evaluate the affordable housing needs at all levels by developing an
understanding of the community’s housing situation with a global focus on
workforce housing, first time home buyers, low and moderate income individuals
& families, veterans, disabled, and elderly for owner-occupied and rental
housing.
3) Investigate the various tools, policies, procedures, means, and methods that
could be employed by the City of Brookings to alleviate the challenges of
affordable housing including but not limited to modified zoning policies, higher
density incentives, public/private partnerships and the utilization of affordable
housing trust funds.
4) Develop a comprehensive plan to address the housing affordability challenges of
the community.
5) Make a recommendation to the City Council based on (4) for governing body
action by submitting a final report which may include draft resolutions or
ordinances for subsequent action.
Membership:
The task force shall be comprised of seven – nine (7-9) individuals from the following
areas of expertise:
- City Council (chair)
- Non-profit housing developers
- For-profit developers specializing in subsidized rental units
- For-profit developers who specialize in single family dwellings
- Realtor
- Local mortgage lender
- Zoning
- Architect/Planning
- Community & Economic Development
- Sustainability Council member
Expectations of members:
- Members shall be appointed by the Mayor with Council consent.
- Interest and/or expertise in affordable housing issues
- Adhere to the City’s Code of Ethics
Procedural:
- Meetings shall be held monthly for as long as deemed necessary by the task
force.
- Meeting schedule shall be determined by the task force.
- Quorum shall consist of a majority of appointed members.
- Meetings shall be open to the public and comply with applicable local and state
open meeting policies and laws.
- Report progress quarterly to the City Council.
- The committee will meet for no more than 24 months.