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HomeMy WebLinkAbout2015_12_08 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, December 8, 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. 5:00 PM Open House on 6th Street Widening Proposal (Main Ave. to Medary Ave.) 5:00 PM Executive Session ID 2015-0856 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 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. Page 1 City of Brookings December 8, 2015City Council Meeting Agenda 3.B.RES 15-121 Action on Resolution 15-121, a Resolution approving Change Order No. 1 (Final) for 2015-03SSI, Division Avenue Drainage Improvement Project, Phase 2; Timmons Construction, Inc. 3.C.RES 15-122 Action on Resolution 15-122, a Resolution declaring Parks & Forestry equipment as surplus property. 3.D.RES 15-123 Action on Resolution 15-123, a Resolution declaring a 1997 SnoGo Snow Blower as surplus property (Street Dept.). 3.E.RES 15-124 Action on Resolution 15-124, a Resolution declaring a 2009 John Deere 744K Pay Loader as surplus property (Landfill/Solid Waste Dept.). 3.F.RES 15-126 Action on Resolution 15-126, a Resolution declaring Fire Department equipment as surplus property. 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 2015-0867 Introduction of new Airport Manager Ryan O’Rear. 6. Contracts/Change Orders: 6.A.RES 15-114 Action on Resolution 15-114, a Resolution for the purchase of a 744K John Deere Loader off the State of Minnesota Bid. Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 15-119 Action on Resolution 15-119, a Resolution to purchase a new half-ton crew cab pickup off the State of South Dakota vehicle bid. Action: Motion to Approve, Request Public Comment, Roll Call 6.C.ID 2015-0865 Action on 2016 City Manager Compensation Package. 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. 8. Public Hearings and Second Readings: Page 2 City of Brookings December 8, 2015City Council Meeting Agenda 8.A.ORD 15-021 Public hearing and action on Ordinance 15-021, an Ordinance authorizing a Supplemental Appropriation to the 2015 Budget for the City of Brookings, SD. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ID 2015-0831 Public hearing and action to move a two-story residential home from 2230 Rhonda Road to the property described as Lot 8 and the W ½ of Lot 9, Block 1, Third Addition, also known as 103 5th Street. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.C.ORD 15-020 Public hearing and action 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.D.ORD 15-025 Public hearing and action 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.E.RES 15-115 Public hearing and action on Resolution 15-115, a Resolution of Intent to Lease Real Property to Private Person; Harrison Thompson. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.F.RES 15-116 Public hearing and action on Resolution 15-116, a Resolution of Intent to Lease Real Property to Private Person; Robert Fite. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.G.RES 15-117 Public hearing and action on Resolution 15-117, a Resolution of Intent to Lease Real Property to South Dakota State University. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.H.RES 15-118 Public hearing and action on Resolution 15-118, a Resolution of Intent to Lease Real Property; Advance. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.I.ORD 15-022 Public hearing and action 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.J.ID 2015-0768 Tabled Item: Transportation Traffic Analysis, Highway 14 (6th Street) Page 3 City of Brookings December 8, 2015City Council Meeting Agenda from Main Avenue to Medary Avenue; comparison of 3-lane and 5-lane design. Action: Motion to Remove Item from the Table, Motion to Approve, Request Public Comment, Roll Call 9. Other Business: 9.A.RES 15-120 Action on Resolution 15-120, a Resolution Adopting Rules and Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights Commission. Action: Motion to Approve, Request Public Comment, Roll Call 9.B.RES 15-125 Action on Resolution 15-125, a Resolution setting forth a Policy to guide Capital Improvements. Action: Motion to Approve, Request Public Comment, Roll Call 9.C.ID 2015-0869 Preliminary discussion on City Council vacancy process. No action. 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members 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 2015-0856,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2. City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-121,Version:1 Action on Resolution 15-121, a Resolution approving Change Order No. 1 (Final) for 2015-03SSI, Division Avenue Drainage Improvement Project, Phase 2; Timmons Construction, Inc. Summary: This resolution will approve Change Order No. 1 (Final) for 2015-03SSI, Division Avenue Drainage Improvement Project, Phase 2, to close out the project. Background: The Division Avenue Drainage Improvement Project, Phase 2, is located on the west side of Western Avenue near the Brookings Regional Airport. The project was designed by Civil Design Inc. and involved re-laying storm sewer pipe, installing concrete valley gutter and headwalls, seeding and erosion control. The project was funded with a State Revolving Fund Loan through the SDDENR, with a repayment term of 3% interest for 20 years. The project is completed and ready to be closed out. This Resolution adjusts bid quantities to final actual quantities and for additional work to install seeding, fiber mulching, erosion control blanket and a concrete headwall for the 18” CMP for a total decrease of $4,890.26 to close out the project. A summary is as follows: Original Contract Price:$177,331.25 Increase from Previously Approved Change Order:$0.00 Contract Price Prior to this Change Order:$177,331.25 Decrease of this Change Order (No. 1):$4,890.26 Contract Price incorporating this Change Order:$172,440.99 This Resolution will approve Change Order No. 1 for a decrease of $4,890.26 to the contract amount to close out the project. Fiscal Impact: The construction contract will be decreased by $4,890.26. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/2/2015Page 1 of 1 powered by Legistar™ Resolution 15-121 Resolution authorizing Change Order No. 1 (Final) for 2015-03SSI, Division Avenue Drainage Improvement Project; Timmons Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2015- 03SSI, Division Avenue Drainage Improvement Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional work to install seeding, fiber mulching, erosion control blanket and a concrete headwall for the 18” CMP for a total decrease of $4,890.26 to close out the project. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-122,Version:1 Action on Resolution 15-122, a Resolution declaring Parks & Forestry equipment as surplus property. Summary: The City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Parks and Forestry Department: §One (1) 1994 John Deere Bunker Rake, Model 1200, Serial Number MO1200G912508 §One (1) 1991 GMC 3500, Serial Number 1GDHC34K2ME521054 §One (1) 1985 Jacobsen 548-100 Seeder, Serial Number 4500 §One (1) 1992 Ford F150 4x4, Serial Number 1FTEX148NKA99918 §One (1) 1996 Ford F150 4x4, Serial Number 1FTEF14N9TLB70134 §One (1) 1978 GMC 6000, Serial Number TCE6180598215 §One (1) 1980s 18 inch Ryan Sod Cutter, Serial Number 105927 §One (1) 1980s John Deere Sweeper, Serial Number M00246C141156 §One (1) 36ft x 7ft 4 inch Mobil Yard Ramp §Four (4) 60ft Musco Light Poles with electrical boxes and cross arms In the best financial interest, it is the desire of the City of Brookings to sell same as surplus property. Council action is required to declare these items surplus. This equipment is being declared surplus property according to SDCL Chapter 6-13. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/2/2015Page 1 of 1 powered by Legistar™ Resolution 15-122 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Parks and Forestry Department:  One (1) 1994 John Deere Bunker Rake, Model 1200, Serial Number MO1200G912508  One (1) 1991 GMC 3500, Serial Number 1GDHC34K2ME521054  One (1) 1985 Jacobsen 548-100 Seeder, Serial Number 4500  One (1) 1992 Ford F150 4x4, Serial Number 1FTEX148NKA99918  One (1) 1996 Ford F150 4x4, Serial Number 1FTEF14N9TLB70134  One (1) 1978 GMC 6000, Serial Number TCE6180598215  One (1) 1980s 18 inch Ryan Sod Cutter, Serial Number 105927  One (1) 1980s John Deere Sweeper, Serial Number M00246C141156  One (1) 36ft x 7ft 4 inch Mobil Yard Ramp  Four (4) 60ft Musco Light Poles with electrical boxes and cross arms Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-123,Version:1 Action on Resolution 15-123, a Resolution declaring a 1997 SnoGo Snow Blower as surplus property (Street Dept.). Summary: The Street Department is scheduled to replace a snow blower in the 2016 Capital Improvement Plan, and declare the replaced unit, a 1997 snow blower, as surplus property for its disposal. Background: Per the 2016 CIP, the Street Department’s 1994 Sno Go snow blower was scheduled to be replaced. This request is to surplus the 1997 blower instead. The 1997 blower is experiencing mechanical issues that will have substantial financial impact to make fully operational. These costs could potentially be beyond the blower’s value. Despite it’s age, the 1994 blower actually performs better and has experienced less mechanical problems than the 1997 model. Due to these circumstances we are requesting to surplus the 1997 snow blower in lieu of the 1994 snow blower. Fiscal Impact: Surplus sales revenue. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ Resolution 15-123 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: One (1) 1997 SnoGo Snow Blower Model MP-3D Serial Number 3686 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-124,Version:1 Action on Resolution 15-124, a Resolution declaring a 2009 John Deere 744K Pay Loader as surplus property (Landfill/Solid Waste Dept.). This 744K loader was use on a daily basis for many different functions at the landfill. Background: This Loader was purchased in 2009 and has over 5,000 hours on it. The loader was run an extra two years based on the CIP. Fiscal Impact: The appraised value of the Loader is $143,000.00. There are some contractors which expressed interest in the loader and it is possible to get more than the appraised value. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ Resolution 15-124 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used by the City of Brookings Landfill Department: One (1) 2009 John Deere 744K Pay Loader; Serial#DW744KX624747 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; Whereas, the City Manager is hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ___________________ Tim Reed, Mayor ATTEST: _____________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-126,Version:1 Action on Resolution 15-126, a Resolution declaring Fire Department equipment as surplus property. Summary: The City Fire Department has the following described equipment to be declared as surplus property: One (1) 1992 Spartan Aerial Truck, Model LA40S VIN #4S7DT9J06PC006906 Background: As a new 75 foot Quint Fire Apparatus (bid awarded on 1/13/2015) has been purchased and in the contract have included the old one as a trade-in to help defray the cost of the new one. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 12/5/2015Page 1 of 1 powered by Legistar™ Resolution 15-126 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Fire Department: One (1) 1992 Spartan Aerial Truck, Model LA40S VIN Number 4S7DT9J06PC006906 Whereas, in the best financial interest, it is the desire of the City of Brookings to trade-in same as surplus property towards the purchase of a 75 foot Quint Fire Apparatus (bid was awarded on 1/13/2015); and Whereas, the City Manager hereby authorized to trade-in said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 8th day of December, 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 2015-0867,Version:1 Introduction of new Airport Manager Ryan O’Rear. Press Release: October 8, 2015 CITY OF BROOKINGS ANNOUNCES RYAN O’REAR AS AIRPORT MANAGER The City of Brookings has named Ryan O’Rear, from Williston, North Dakota, as its new Airport Manager. Mr. O’Rear was hired to replace Philip Tiedeman, previous Airport Manager, who left the City in August to become the Airport Manager of Fleming Field in South St. Paul, Minnesota. Ryan’s first day with the City of Brookings was October 1st. Ryan was previously an Airport Operations Supervisor at Sloulin Field International Airport in Williston, North Dakota. In that position, he coordinated snow removal and construction operations, conducted daily airfield inspections, and performed aircraft firefighting functions. Ryan also has experience working with the Federal Aviation Administration and other aeronautic related agencies, and had an operations internship with Denver International Airport. Ryan has an Aviation Technology Degree and a minor in Management from Metropolitan State University of Denver, Colorado. He is also a Certified Member and an Airport Certified Employee of the American Association of Airport Executives and is certified in Aircraft Rescue and Firefighting and weather observation. Ryan enjoys all aspects of aviation and is looking forward to continuing his flight training to become a private pilot and is excited to become the Brookings Airport Manager. City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-114,Version:1 Action on Resolution 15-114, a Resolution for the purchase of a 744K John Deere Loader off the State of Minnesota Bid. Summary: Bids were submitted on April 16, 2015 for a new 744K John Deere Loader by the State of Minnesota from RDO Equipment. Background: The Landfill is scheduled to replace the 744K John Deere loader in 2016 based on our Capital Improvement Plan. The Loader is on a 5-year replacement, but was used two additional years based on the number of hours. Fiscal Impact: The amount of $400,000.00 was budgeted for the replacement of the loader in 2016. The cost of the new loader will be $322,753.00. The old loader will be declared surplus with an appraised value of $143,000.00. Payment and delivery of the Loader will be in 2016. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ Resolution 15-114 Resolution to purchase of a John Deere Loader off of the State of Minnesota Governmental Bid Whereas, the City of Brookings will purchase a John Deere 744K Loader off of the State of Minnesota governmental bid held on April 16th, 2015; and Whereas, the City of Brookings will purchase from RDO Equipment Company, Burnsville Minnesota the John Deere 744K in the amount of $322,753.00. Now Therefore, Be It Resolved that the bid from RDO Equipment Company in the amount of $322,753.00 be accepted. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-119,Version:1 Action on Resolution 15-119, a Resolution to purchase a new half-ton crew cab pickup off the State of South Dakota vehicle bid. Summary: Base price for the half-ton 4x4 crew cab short box pickup is $26,281.00. Selected options total $3,718.00 bringing the total purchase price to $29,999.00. This pickup will replace a 1989 Chevy S10 pickup. Delivery and payment will be made after January 1, 2016. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ Resolution 15-119 Action to Purchase a new Half-Ton Crew Cab Pickup off of another Governmental Agency Bid Whereas, the City of Brookings Street Department requests action to purchase a new half-ton crew cab pickup off the State of South Dakota vehicle bid. Base price for the half-ton 4x4 crew cab short box pickup is $26,281.00. Selected options total $3,718.00 bringing the total purchase price to $29,999.00. This pickup will replace a 1989 Chevy S10 pickup. Delivery and payment will be made after January 1, 2016. Passed and approved this 8th day of December, 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 2015-0865,Version:1 Action on 2016 City Manager Compensation Package. Summary: The City Council will take action on City Manager Jeffrey Weldon’s compensation package for 2016. City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 15-021,Version:2 Public hearing and action on Ordinance 15-021, an Ordinance authorizing a Supplemental Appropriation to the 2015 Budget for the City of Brookings, SD. 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: This Ordinance amends the budget to reflect actual revenues and expenditures. Change from 1st Reading: Added the transfer from 213 to golf for $45,663. The transfer was budgeted to be done in 2014 to pay for 2014 capital purchases but wasn't, so this will allow the transfer in 2015 and correct the mistake from last year. Recommendation: Staff recommends approval Attachments: Ordinance City of Brookings Printed on 12/2/2015Page 1 of 1 powered by Legistar™ Revised: 12/8/2015 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: December 11, 2015 CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 1st Reading: 11/24/2015 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: December 11, 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 2015-0831,Version:1 Public hearing and action to move a two-story residential home from 2230 Rhonda Road to the property described as Lot 8 and the W ½ of Lot 9, Block 1, Third Addition, also known as 103 5th Street. Applicant:Kevin Grunewaldt Proposal:Relocate a two-story colonial style residential home from 2230 Rhonda Road to 103 5th Street. Background (old site):The residential home to be moved is located at 2230 Rhonda Road in the Esther Heights Addition. The home was built in 1997 and has 1,083 square feet on the main floor and 1,083 square feet on the 2nd level. The house was sided with vinyl siding when it was constructed. A new home will be constructed on the Rhonda Road lot. Specifics (new site):The existing home at 103 5th Street had fire damage and will be removed. The home to be moved will be reroofed and landscaping will be completed on the property. The applicant may be subject to other variances based on the position on the lot. Lot: The lot that this house will be moved to is 75x165 in dimension (12,375 sf.). This lot is in the R-2 Residential District which allows single-family and two-family dwellings, townhouses and multiple family residential uses. The lot is surrounded by an extended stay motel to the north, single-family residence to the east and south, and Pioneer Park to the west. A notice of the public hearing was mailed to adjacent properties. Recommendation: Staff recommends approval. Attachments: Notice Location Map Pictures City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ 2-STORY HOUSE MOVED TO THIS LOCATION1-STORY1-STORY1-STORYMOTELPIONEER PARKURC1-STORY1-STORY1-STORYNESWCopyright ©2013 Pictometry International Corp.GrunewaldtHouse Moving Request103 5th Street5th Street1st Avenue 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:2 Public hearing and action 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. 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. Staff recommends approval Attachments: Ordinance - clean Ordinance - marked Legal Notice Minutes and Summary City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ 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: December 8, 2015 Published: December 11, 2015 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: December 8, 2015 Published: December 11, 2015 City Of Brookings, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk S:\Cityhall\Granicus\Legistar5\Packets\956_City Council_12_8_2015\0013_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 15-025,Version:2 Public hearing and action 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. 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 City of Brookings Printed on 12/2/2015Page 1 of 2 powered by Legistar™ File #:ORD 15-025,Version:2 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. Recommendation: Staff recommends approval Attachments: Ordinance (clean) Ordinance (marked) Board of Appeals minutes City of Brookings Printed on 12/2/2015Page 2 of 2 powered by Legistar™ 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 #:RES 15-115,Version:1 Public hearing and action on Resolution 15-115, a Resolution of Intent to Lease Real Property to Private Person; Harrison Thompson. Summary: The City is renewing hangar and land leases at the Brookings Regional Airport. The proposed public hearing and resolution will approve a five-year lease to Harrison Thompson for Lot 1, Block 3, at the Brookings Regional Airport, Section 26-T110N-R50W in the City of Brookings. Background: The City would like to renew the hangar lease with Harrison Thompson for 5,280 square feet on Lot 1, Block 3, at the Brookings Regional Airport, Section 26-T110N-R50W in the City of Brookings for a five-year term. The 2016 lease rate will be $0.11/square foot resulting in a total lease amount of $580.80. The lease amount may be adjusted by the Brookings City Council for future years, and the lease is payable the last working day in January of each year. The City of Brookings may terminate this lease with a notice of 60 days to the lessee. This lease was recommended by the Airport Board at their November 19, 2015 meeting and the excerpt from the minutes is attached. Since this lease is in excess of $500 and 120 days, the City is required to hold a public hearing to adopt a resolution of intent to lease real property to a private person, which is referenced in the following SDCL excerpts: 9-12-5. Powers - Lease or transfer of property for public purposes. Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made or done on the terms and in the manner provided by resolution of the governing body. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter City of Brookings Printed on 12/2/2015Page 1 of 2 powered by Legistar™ File #:RES 15-115,Version:1 into a five-year lease agreement with Harrison Thompson for the designated hangar area located at the Brookings Regional Airport. Fiscal Impact: The airport fund will receive $580.80 in revenue per year for 2016-2020. Recommendation: Staff recommends approval. Attachments: Resolution Minutes City of Brookings Printed on 12/2/2015Page 2 of 2 powered by Legistar™ Resolution 15-115 A Resolution of Intent to Lease Real Property to Private Person, Harrison Thompson Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Harrison Thompson for a period of five (5) years, commencing on January 1, 2016 and ending December 31, 2020 and pertaining to the following described property: 5,280 square feet on Lot 1, Block 3 at the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2016 lease amount will be five hundred eighty dollars and eighty cents ($580.80) payable January 31, 2016. The City of Brookings may terminate this Lease with sixty days notice. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk Excerpt from Unapproved Minutes Brookings Regional Airport Board Brookings, SD 57006 November 19, 2015 The Brookings Airport Board was called to order by Judy McLaughlin on Thursday November 19, 2015 at 3:30 PM in Community Room #300 located on the second floor of the City & County Government Center at 520 3rd Street. Members present were Brian VanLiere, Orv Smidt, Lynn Riedesel, and McLaughlin. Absent was Jason Baker. Also present were Airport Manager Ryan O’Rear, City Engineer Jackie Lanning, Paul Hanusa-FBO, Cody Christensen-SDSU, Thomas Kersting and others. Item #2 – (Smidt/Riedesel) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Riedesel/Smidt) Motion to approve the October 14, 2015 minutes. All present voted aye. MOTION CARRIED. Item #4 – The next meeting is scheduled for the 17th of December, 2015 at 3:30 in the City & County Government Center at 520 3rd Street. New Business Item #5d – Airport Lease Agreements - Jackie explained that there are 7 hangar leases coming due which are the following: Aerosports Unlimited, 2 for James Bailey, VanLiere & Kocmick, SDSU, Paul Moriarty (being purchased by Bob Fite), and Harry Thompson. Lanning explained that once these leases have been approved by the Airport Board, any leases over $500.00 will have to go to the Council for a public hearing. The leases are proposed to be a 5-year term. The lease rate will remain at 11 cents for the coming year but may be raised at a later date by the City Council. In addition, the Advance Parking Lot lease is coming due. However, due to the expansion of the taxiway, this lease is proposed to be a 1-year lease. Brian VanLiere informed the Board that he has purchased Jeff Boulware’s hangar at Site T and would also like that lease approved. (Riedesel/Smidt) Motion to approve a lease to Brian VanLiere for Site “T” for a 5- year term. All present voted aye. MOTION CARRIED. (VanLiere/Riedesel) Motion to approve the leases that are coming due and renew for another 5-years on the hangars and one year for the Advance Parking Lot. All present voted aye. MOTION CARRIED. The meeting was adjourned. ___________________________ ______________________________ Lana Schwartz, Secretary Judy McLaughlin, President 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 15-116,Version:1 Public hearing and action on Resolution 15-116, a Resolution of Intent to Lease Real Property to Private Person; Robert Fite. Summary: The City is renewing hangar and land leases at the Brookings Regional Airport. The proposed public hearing and resolution will approve a five-year lease to Robert Fite for Lot 1, Block 5, at the Brookings Regional Airport, Section 26-T110N-R50W in the City of Brookings. Background: The City would like to renew the hangar lease with Robert Fite for 7,600 square feet on Lot 1, Block 5, at the Brookings Regional Airport, Section 26-T110N-R50W in the City of Brookings for a five-year term. The 2016 lease rate will be $0.11/square foot resulting in a total lease amount of $836.00. The lease amount may be adjusted by the Brookings City Council for future years, and the lease is payable the last working day in January of each year. The City of Brookings may terminate this lease with a notice of 60 days to the lessee. This lease was recommended by the Airport Board at their November 19, 2015 meeting and the excerpt from the minutes is attached. Since this lease is in excess of $500 and 120 days, the City is required to hold a public hearing to adopt a resolution of intent to lease real property to a private person, which is referenced in the following SDCL excerpts: 9-12-5. Powers - Lease or transfer of property for public purposes. Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made or done on the terms and in the manner provided by resolution of the governing body. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter City of Brookings Printed on 12/2/2015Page 1 of 2 powered by Legistar™ File #:RES 15-116,Version:1 into a five-year lease agreement with Robert Fite for the designated hangar area located at the Brookings Regional Airport. Fiscal Impact: The airport fund will receive $836.00 in revenue in per year for 2016-2020. Recommendation: Staff recommends approval. Attachments: Resolution Airport Board Minutes City of Brookings Printed on 12/2/2015Page 2 of 2 powered by Legistar™ Resolution 15-116 A Resolution of Intent to Lease Real Property to Private Person, Robert Fite Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Harrison Thompson for a period of five (5) years, commencing on January 1, 2016 and ending December 31, 2020 and pertaining to the following described property: 7,600 square feet on Lot 1, Block 5 at the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2016 lease amount will be eight hundred thirty six dollars and zero cents ($836.00) payable January 31, 2016. The City of Brookings may terminate this Lease with sixty days notice. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk Excerpt from Unapproved Minutes Brookings Regional Airport Board Brookings, SD 57006 November 19, 2015 The Brookings Airport Board was called to order by Judy McLaughlin on Thursday November 19, 2015 at 3:30 PM in Community Room #300 located on the second floor of the City & County Government Center at 520 3rd Street. Members present were Brian VanLiere, Orv Smidt, Lynn Riedesel, and McLaughlin. Absent was Jason Baker. Also present were Airport Manager Ryan O’Rear, City Engineer Jackie Lanning, Paul Hanusa-FBO, Cody Christensen-SDSU, Thomas Kersting and others. Item #2 – (Smidt/Riedesel) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Riedesel/Smidt) Motion to approve the October 14, 2015 minutes. All present voted aye. MOTION CARRIED. Item #4 – The next meeting is scheduled for the 17th of December, 2015 at 3:30 in the City & County Government Center at 520 3rd Street. New Business Item #5d – Airport Lease Agreements - Jackie explained that there are 7 hangar leases coming due which are the following: Aerosports Unlimited, 2 for James Bailey, VanLiere & Kocmick, SDSU, Paul Moriarty (being purchased by Bob Fite), and Harry Thompson. Lanning explained that once these leases have been approved by the Airport Board, any leases over $500.00 will have to go to the Council for a public hearing. The leases are proposed to be a 5-year term. The lease rate will remain at 11 cents for the coming year but may be raised at a later date by the City Council. In addition, the Advance Parking Lot lease is coming due. However, due to the expansion of the taxiway, this lease is proposed to be a 1-year lease. Brian VanLiere informed the Board that he has purchased Jeff Boulware’s hangar at Site T and would also like that lease approved. (Riedesel/Smidt) Motion to approve a lease to Brian VanLiere for Site “T” for a 5- year term. All present voted aye. MOTION CARRIED. (VanLiere/Riedesel) Motion to approve the leases that are coming due and renew for another 5-years on the hangars and one year for the Advance Parking Lot. All present voted aye. MOTION CARRIED. The meeting was adjourned. ___________________________ ______________________________ Lana Schwartz, Secretary Judy McLaughlin, President 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 15-117,Version:1 Public hearing and action on Resolution 15-117, a Resolution of Intent to Lease Real Property to South Dakota State University. Summary: The City is renewing hangar and land leases at the Brookings Regional Airport. The proposed public hearing and resolution will approve a five-year lease to South Dakota State University for Lot Z, Block 5 of Airport Hangar Addition Number One and a 540 square foot parcel situated on the west side of Lot Z in the NW1/4 of the SW1/4, at the Brookings Regional Airport, Section 26-T110N-R50W in the City of Brookings. Background: The City would like to renew the hangar lease with South Dakota State University for 4,800 square feet on Lot Z, Block 5 of Airport Hangar Addition Number One and a 540 square foot parcel situated on the west side of Lot Z in the NW1/4 of the SW1/4, at the Brookings Regional Airport, Section 26- T110N-R50W in the City of Brookings for a five-year term. The 2016 lease rate will be $0.11/square foot resulting in a total lease amount of $587.40. The lease amount may be adjusted by the Brookings City Council for future years, and the lease is payable the last working day in January of each year. The City of Brookings may terminate this lease with a notice of 60 days to the lessee. This lease was recommended by the Airport Board at their November 19, 2015 meeting and the excerpt from the minutes is attached. Since this lease is in excess of $500 and 120 days, the City is required to hold a public hearing to adopt a resolution of intent to lease real property to a private person, which is referenced in the following SDCL excerpts: 9-12-5. Powers - Lease or transfer of property for public purposes. Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made or done on the terms and in the manner provided by resolution of the governing body. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official City of Brookings Printed on 12/2/2015Page 1 of 2 powered by Legistar™ File #:RES 15-117,Version:1 newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter into a five-year lease agreement with South Dakota State University for the designated hangar area located at the Brookings Regional Airport. Fiscal Impact: The airport fund will receive $587.40 in revenue in per year for 2016-2020. Recommendation: Staff recommends approval. Attachments: Resolution Airport Board Minutes City of Brookings Printed on 12/2/2015Page 2 of 2 powered by Legistar™ Resolution 15-117 A Resolution of Intent to Lease Real Property to, South Dakota State University Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with South Dakota State University for a period of five (5) years, commencing on January 1, 2016 and ending December 31, 2020 and pertaining to the following described property: 4,800 square feet on Lot Z, Block 5 of Airport Hangar Addition Number One and a 540 square foot parcel on the west side of Lot Z at the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2016 lease amount will be five hundred eighty seven dollars and forty cents ($587.40) payable January 31, 2016. The City of Brookings may terminate this Lease with sixty days notice. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk Excerpt from Unapproved Minutes Brookings Regional Airport Board Brookings, SD 57006 November 19, 2015 The Brookings Airport Board was called to order by Judy McLaughlin on Thursday November 19, 2015 at 3:30 PM in Community Room #300 located on the second floor of the City & County Government Center at 520 3rd Street. Members present were Brian VanLiere, Orv Smidt, Lynn Riedesel, and McLaughlin. Absent was Jason Baker. Also present were Airport Manager Ryan O’Rear, City Engineer Jackie Lanning, Paul Hanusa-FBO, Cody Christensen-SDSU, Thomas Kersting and others. Item #2 – (Smidt/Riedesel) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Riedesel/Smidt) Motion to approve the October 14, 2015 minutes. All present voted aye. MOTION CARRIED. Item #4 – The next meeting is scheduled for the 17th of December, 2015 at 3:30 in the City & County Government Center at 520 3rd Street. New Business Item #5d – Airport Lease Agreements - Jackie explained that there are 7 hangar leases coming due which are the following: Aerosports Unlimited, 2 for James Bailey, VanLiere & Kocmick, SDSU, Paul Moriarty (being purchased by Bob Fite), and Harry Thompson. Lanning explained that once these leases have been approved by the Airport Board, any leases over $500.00 will have to go to the Council for a public hearing. The leases are proposed to be a 5-year term. The lease rate will remain at 11 cents for the coming year but may be raised at a later date by the City Council. In addition, the Advance Parking Lot lease is coming due. However, due to the expansion of the taxiway, this lease is proposed to be a 1-year lease. Brian VanLiere informed the Board that he has purchased Jeff Boulware’s hangar at Site T and would also like that lease approved. (Riedesel/Smidt) Motion to approve a lease to Brian VanLiere for Site “T” for a 5- year term. All present voted aye. MOTION CARRIED. (VanLiere/Riedesel) Motion to approve the leases that are coming due and renew for another 5-years on the hangars and one year for the Advance Parking Lot. All present voted aye. MOTION CARRIED. The meeting was adjourned. ___________________________ ______________________________ Lana Schwartz, Secretary Judy McLaughlin, President 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 15-118,Version:1 Public hearing and action on Resolution 15-118, a Resolution of Intent to Lease Real Property; Advance. Summary: The City is renewing hangar and land leases at the Brookings Regional Airport. The proposed public hearing and resolution will approve a one-year lease to Advance for a parcel of property 15,300 square feet in size designated as a parking lot, located on Brookings Regional Airport property and adjacent to Division Avenue, in Section 26-T110N-R50W in the City of Brookings. Background: The City would like to renew the lease with Advance for a 15,300 square foot parcel at the Brookings Regional Airport, Section 26-T110N-R50W in the City of Brookings for a one-year term. The 2016 lease rate will be $0.11/square foot resulting in a total lease amount of $1,683.00. This lease is payable the January 31, 2016. The City of Brookings may terminate this lease with a notice of 60 days to the lessee. This lease was recommended by the Airport Board at their November 19, 2015 meeting and the excerpt from the minutes is attached. Since this lease is in excess of $500 and 120 days, the City is required to hold a public hearing to adopt a resolution of intent to lease real property to a private person, which is referenced in the following SDCL excerpts: 9-12-5. Powers - Lease or transfer of property for public purposes. Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made or done on the terms and in the manner provided by resolution of the governing body. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter City of Brookings Printed on 12/2/2015Page 1 of 2 powered by Legistar™ File #:RES 15-118,Version:1 into a one-year lease agreement with Advance for the designated parking lot area located at the Brookings Regional Airport. Fiscal Impact: The airport fund will receive $1,683.00 in revenue in 2016. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/2/2015Page 2 of 2 powered by Legistar™ Resolution 15-118 A Resolution of Intent to Lease Real Property to Advance Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Advance for a period of one(1) year, commencing on January 1, 2016 and ending December 31, 2016 and pertaining to the following described property: A 15,300 square foot parcel, designated as parking lot, at the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable January 31, 2016 and subject to increases set by the Brookings City Council. The 2016 lease amount will be one thousand six hundred eighty three dollars and zero cents ($1,683.00) payable January 31, 2016. The City of Brookings may terminate this Lease with sixty days notice. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 8th day of December, 2015. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk Excerpt from Unapproved Minutes Brookings Regional Airport Board Brookings, SD 57006 November 19, 2015 The Brookings Airport Board was called to order by Judy McLaughlin on Thursday November 19, 2015 at 3:30 PM in Community Room #300 located on the second floor of the City & County Government Center at 520 3rd Street. Members present were Brian VanLiere, Orv Smidt, Lynn Riedesel, and McLaughlin. Absent was Jason Baker. Also present were Airport Manager Ryan O’Rear, City Engineer Jackie Lanning, Paul Hanusa-FBO, Cody Christensen-SDSU, Thomas Kersting and others. Item #2 – (Smidt/Riedesel) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Riedesel/Smidt) Motion to approve the October 14, 2015 minutes. All present voted aye. MOTION CARRIED. Item #4 – The next meeting is scheduled for the 17th of December, 2015 at 3:30 in the City & County Government Center at 520 3rd Street. New Business Item #5d – Airport Lease Agreements - Jackie explained that there are 7 hangar leases coming due which are the following: Aerosports Unlimited, 2 for James Bailey, VanLiere & Kocmick, SDSU, Paul Moriarty (being purchased by Bob Fite), and Harry Thompson. Lanning explained that once these leases have been approved by the Airport Board, any leases over $500.00 will have to go to the Council for a public hearing. The leases are proposed to be a 5-year term. The lease rate will remain at 11 cents for the coming year but may be raised at a later date by the City Council. In addition, the Advance Parking Lot lease is coming due. However, due to the expansion of the taxiway, this lease is proposed to be a 1-year lease. Brian VanLiere informed the Board that he has purchased Jeff Boulware’s hangar at Site T and would also like that lease approved. (Riedesel/Smidt) Motion to approve a lease to Brian VanLiere for Site “T” for a 5- year term. All present voted aye. MOTION CARRIED. (VanLiere/Riedesel) Motion to approve the leases that are coming due and renew for another 5-years on the hangars and one year for the Advance Parking Lot. All present voted aye. MOTION CARRIED. The meeting was adjourned. ___________________________ ______________________________ Lana Schwartz, Secretary Judy McLaughlin, President 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:2 Public hearing and action 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. Pursuant to City Council direction, staff has prepared the enclosed Ordinance that would amend Chapter 14 of the Code of Ordinances allowing for the keeping of chickens (hens) in the City of Brookings. First reading was held on November 24, 2015. Background: The City Council reviewed this issue in 2013 and 2014; however, no further action was taken at that time. 09/10/2013:Council consensus to discuss urban chicken issue at future regular or study session 11/19/2013:Council discussed urban chickens at study session 01/14/2014:Council received public comment regarding a potential ordinance relaxing restrictions on allowing chickens in residential zones and directing staff to prepare an ordinance. No action was taken. Summary: The ordinance provides for the authorization of the keeping of hens limited by number and location in residential zones. If the ordinance is adopted, the City’s Animal Control Division of the Police Department and the Code Enforcement Division of the Police Department will administer a program of inspection and enforcement of the ordinance. Permits would need to be secured from either of these Departments or the City Clerk’s Office. A resolution would need to be adopted establishing a fee for the permit. The fee would be based on the costs of enforcing and administering the ordinance. Recommendation: Staff recommends rejection of the Ordinance. Attachments: Ordinance - clean Ordinance - marked Letter of Support from Sustainability Council Presentation City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ 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: December 11, 2015 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: December 11, 2015 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 #:ID 2015-0768,Version:2 Tabled Item: Transportation Traffic Analysis, Highway 14 (6th Street) from Main Avenue to Medary Avenue; comparison of 3-lane and 5-lane design. Summary: The City of Brookings requested the South Dakota Department of Transportation (SDDOT) to analyze traffic scenario comparisons of a 3-lane design,as opposed to a 5-lane design on a segment of Sixth Street. While this topic is pertinent to the overall discussion of the engineering design of the Main Avenue to Medary Avenue segment, the traffic analysis attached extends somewhat beyond this scope for more accurate traffic movement analysis. The DOT traffic design analysis is self- explanatory and attached. Background: 11/10/2015 City Council Minutes: “A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the City Council approve the recommendations set forth by the Traffic Steering Ad Hoc Committee of December 2014 to support a five-lane road. Public Comments were received from LeWayne Erickson, Doug Smith, Lawrence Novotny, Mike Bartley, David Kneip, and Dave Gullickson. A motion was made by Council Member Hansen, seconded by Council Member Bacon, to table action to December 8, 2015. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.” Attachments: DOT traffic analysis Letter of Support from Bicycle Advisory Committee City of Brookings Printed on 12/7/2015Page 1 of 1 powered by Legistar™ M E M O R A N D U M TO: Mark Leiferman Chief Road Design Engineer FROM: John Less Traffic Design Engineer DATE: 14 October 2015 SUBJECT: 3-Lane vs. 5-Lane Comparison RE: P-PH 0014(179)419, Brookings County, PCN 027B US14 US14 - Fm Main Ave. to Medary Ave. in Brookings & the Intersections of US14 & 12th Ave, Urban Grading, Curb & Gutter, Storm Sewer, Traffic Signals, ADA, Sidewalk, Roadway Lighting & PCC Surfacing Introduction This report is an expansion of the work that was summarized in a 03/26/14 report and an 11/13/14 report. Both of the previous reports presented the results of a comparative analysis of US14 (6th Street) operations between Main Avenue and Medary Avenue for a 5-lane section and a 3-lane section. This report considers the same two cross-sections, but the limits have been expanded to be between Main Avenue and 20th Avenue. The change in limits is due to the City of Brookings’ request that we consider a 3-lane section between Western Avenue and 17th Avenue. These limits presented two issues: 1. There is no reliable method to develop Highway Capacity Manual (HCM) compliant measures of operational effectiveness using a network that has an unsignalized intersection as one boundary node. 2. The distance between 17th Avenue and 20th Avenue is not long enough to accommodate both the required lane reduction taper to change from a 5-lane section to a 3-lane section and a sufficiently long continuation of the second WB lane beyond the 20th Avenue signal. Based on this, the limits were set as Main Avenue and 20th Avenue. Since signalized intersections serve as the constraint points in any network, this analysis is a legitimate proxy for comparing the operational effectiveness of the two cross-sections from Western Avenue. The analysis years have also been changed to 2015 and 2040 (to reflect the current 2018 construction year). 2 Another key difference between this report and the previous two is the analysis software used. Previously, only the Streets module of the HCS2010 software package was used. For this report, Trafficware’s Synchro and SimTraffic software were used to develop optimized signal timing plans and to obtain maximum queue lengths. Using the optimized timing plans, HCS2010 was then used to determine the Highway Capacity Manual (HCM) level of service (LOS) for each signalized intersection and an overall facility LOS. In addition to the operational analyses, traffic signal warrant evaluations for the Western Avenue and 7th Avenue intersection were also completed for existing traffic conditions and a 3-lane section. Data Sources Turning movement counts were taken from the Brookings Area Master Transportation Plan (June 2011), the Aberdeen Region’s 2014 count at 5th Avenue, and from the Retail Development at 6th Street and Lefevre Drive Final Traffic Impact Study (2014). Even though the count years varied, there was not that great of a difference between them, and so to expedite the cross-section comparison it was decided to use the available data. Some minor adjustment of the traffic volumes was necessary for balancing purposes to achieve acceptable software performance. The analysis hour was the PM peak hour (1630), which was also the highest volume hour of the day. A traffic growth factor was then developed from data presented in the Department’s Roadway Information System (RIS). This factor (1.32) was then applied to the balanced turning movement counts to bring them to a year 2040 analysis level. Results of Analyses Level of service is a qualitative assessment of a highway's operating conditions and refers to a standard measurement that reflects the relative ease of traffic flow on a scale of A (excellent) to F (failing). The Highway Capacity Manual defines the ranges for LOS, by facility type and defines the methodologies to be used to determine LOS. The Department’s Road Design Manual (RDM) specifies that the desired LOS for urban arterials is C and the minimum acceptable is D. For urban signalized intersections, the RDM desired LOS is C and the minimum acceptable is D. Because the HCS2010 software algorithms are the most compliant with the HCM methodologies, it was used for all LOS analyses. Table 1 presents the delay and LOS results for each signalized intersection under current traffic volumes. While each intersection operates at an acceptable LOS, the results show that delays for the 3-lane section would be 15-60% higher. 3 Table 1 2015 Intersection Delay & Level of Service, PM Peak Hour 3-Lane Section 5-Lane Section Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Main Ave. 21.8 C 17.8 B 5th Ave. 19.5 B 16.9 B Medary Ave. 33.5 C 21.3 C 12th Ave. 7.6 A 5.4 A 17th Ave. 23.0 C 14.4 B 20th Ave. 23.8 C 9.9 A Table 2 presents the delay and LOS results for each signalized intersection under forecast 2040 traffic volumes. Three of the intersections would operate at an unacceptable LOS with a 3-lane section. Table 2 2040 Intersection Delay & Level of Service, PM Peak Hour 3-Lane Section 5-Lane Section Intersection Delay (sec/veh) LOS Delay (sec/veh) LOS Main Ave. 29.4 C 26.8 C 5th Ave. 53.8 D 21.5 C Medary Ave. 71.0 E 36.3 D 12th Ave. 12.3 B 9.8 A 17th Ave. 123.8 F 17.1 B 20th Ave. 91.5 F 14.2 B 4 Table 3 presents the travel speed and LOS results for the study corridor under current traffic conditions and under forecast 2040 traffic volumes. Table 3 Travel Speed and Level of Service, PM Peak Hour Main Avenue to 20th Avenue 2015 2040 EB WB EB WB Cross- section Travel Speed (mph) LOS Travel Speed (mph) LOS Travel Speed (mph) LOS Travel Speed (mph) LOS 3-Lane 19.7 D 23.2 C 8.9 F 15.6 E 5-Lane 25.1 C 25.0 C 20.1 C 23.3 C Tables 4 and 5 present the predicted maximum queue lengths during the PM peak hour; for clarity, values are only presented for the eastbound (EB) and westbound (WB) through movements. As expected, losing a through lane in each direction would result in longer queues; the detrimental effects of this include blocked driveway accesses, an increased probability of rear end crashes, increased noise levels and increased air pollutants. Table 4 2015 Maximum Queue Lengths (ft), PM Peak Hour 3-Lane Section 5-Lane Section Intersection EB WB NB SB EB WB NB SB Main Ave. 255 197 360 150 159 155 244 126 5th Ave. 286 150 236 120 173 128 205 81 Medary Ave. 366 320 286 396 185 146 187 264 12th Ave. 324 207 60 138 227 114 62 116 17th Ave. 892 134 309 226 319 178 214 159 20th Ave. 198 901 44 262 166 248 47 204 5 Table 5 2040 Maximum Queue Lengths (ft), PM Peak Hour 3-Lane Section 5-Lane Section Intersection EB WB NB SB EB WB NB SB Main Ave. 306 259 387 220 212 168 398 99 5th Ave. 298 144 283 181 175 100 254 125 Medary Ave. 590 358 351 470 254 175 326 446 12th Ave. 364 194 76 184 152 234 78 187 17th Ave. 1,722 490 340 218 294 306 294 220 20th Ave. 184 944 50 262 112 225 54 253 TRAFFIC SIGNAL VOLUME WARRANT EVALUATION The traffic count data was used with the PC-Warrants software package to evaluate the Manual on Uniform Traffic Control Devices (MUTCD) traffic signal volume warrants for both the Western Avenue and 7th Avenue intersections assuming a 3-lane section was in place on 6th Street. Neither intersection satisfied the warrants; copies of the PC-Warrants report summary are attached. A more detailed of each warrant follows. Warrant 1, Eight-Hour Vehicular Volume Warrant 1 includes three parts, Condition A, Condition B and a combination of the two. Although subdivided, Warrant 1 is treated as a single warrant; if either Condition A, Condition B or the combination of A and B is satisfied, then Warrant 1 is satisfied. Condition A, Minimum Vehicular Volume, is intended for application at locations where a large volume of intersecting traffic is the principal reason to consider installing a traffic control signal. Condition A is satisfied if for at least eight hours of the day there is a combined traffic volume of at least 350 vehicles per hour (vph) for both approaches of 6th Street and at least 105 vph on one approach of the intersecting street. Condition B, Interruption of Continuous Traffic, is intended for application at locations where Condition A is not satisfied and where the traffic volume on a major street is so heavy that traffic on a minor intersecting street suffers excessive delay or conflict in entering or crossing the major street. Condition B is satisfied if for at least eight hours of the day there is a combined traffic volume of at least 525 vph for both approaches of 6th Street and at least 53 vph on one approach of the intersecting street. 6 The combination of Conditions A and B is intended for application at locations where neither Condition A nor Condition B is satisfied. The combination is satisfied if for at least eight hours of the day, both of the following are true:  The combined traffic volume on 6th Street is at least 280 vph for both approaches and one of the approaches of the intersecting street has at least 84 vph.  The combined traffic volume on 6th Street is at least 420 vph for both approaches and one of the approaches of the intersecting street has at least 42 vph. Warrant 2, Four-Hour Vehicular Volume The Four-Hour Vehicular Volume signal warrant is applied where the volume of intersecting traffic is the principal reason to consider installing a traffic signal. This warrant is satisfied when, for any four hours of the day, the plotted points representing the total vehicles per hour on both the approaches of major road and the corresponding vehicles per hour on the higher-volume approach of minor road (one direction only) fall above the appropriate curve of Figure 4C-2 of the 2009 MUTCD. CONCLUSIONS/RECOMMENDATIONS 1. Under existing traffic conditions, both a 3-lane cross-section and a 5-lane cross- section would operate at acceptable levels of service (intersection and arterial.) 2. Even though the analyses results for the 3-lane cross-section under existing traffic conditions show acceptable levels of service, the expected maximum queue lengths during the PM peak hour would have significant negative impacts on ingress/egress at accesses and user costs. 3. Under forecast 2040 traffic conditions, a 5-lane cross-section would continue to operate at acceptable levels of service (intersection and arterial.) 4. Under forecast 2040 traffic conditions, a 3-lane cross-section would operate at unacceptable levels of service, both on an individual intersection basis and an arterial basis. 5. The Road Design Manual states that an urban 3-lane section should be able to accommodate an Average Daily Traffic (ADT) volume of up to 16,000 vehicles. Empirical estimates of capacity are widespread in the literature, with an upper limit varying up to 20,000 vehicles per day (vpd). The gene ral consensus though, is that 15,000 to 18,000 vpd can be accommodated at acceptable levels of service. Segments of the study section of US-14 (6th Street) are presently at this upper limit according to 2014 daily count data, which is consistent with the analyses results. 7 6. If a 3-lane section were in place, neither the Western Avenue nor the 7th Avenue intersections would warrant a traffic signal under existing traffic conditions. 7. Based on the operational advantages under existing and forecast 20-year traffic conditions, the 5-lane cross-section continues to be the recommended cross-section for the project. cc: Joel Jundt, Director of Planning & Engineering Pete Longman, Road Design Engineering Supervisor Cary Cleland, Road Design Engineering Supervisor Brandon Riss, Road Design Engineer Manager Jeff Senst, Aberdeen Region Engineer Dan Martell, Aberdeen Region Traffic Engineer Supervisor Mark Peterson, Aberdeen Region Operations Engineer Matt Brey, Watertown Area Engineer SOUTH DAKOTA DEPT. OF TRANSPORTATION Division of Planning and Engineering / Road Design Study Name : Page No. : 1Signal Warrants - Summary Major Street Approaches Minor Street Approaches Eastbound: US 14 Number of Lanes: 1 85% Speed < 40 MPH. Total Approach Volume: 1,535 Northbound: Western Number of Lanes: 1 Total Approach Volume: 1,497 Westbound: US 14 Number of Lanes: 1 85% Speed < 40 MPH. Total Approach Volume: 1,906 Southbound: Western Number of Lanes: 1 Total Approach Volume: 895 Warrant Summary (Rural values apply.) Warrant 1 - Eight Hour Vehicular Volumes ...........................................................................................................................Not Satisfied Warrant 1A - Minimum Vehicular Volume .........................................................................................Not Satisfied Required volumes reached for 3 hours, 8 are needed Warrant 1B - Interruption of Continuous Traffic ..............................................................................Not Satisfied Required volumes reached for 0 hours, 8 are needed Warrant 1C - Combination of Warrants .............................................................................................Not Satisfied Required 1A volumes reached for 6 hours, 8 are needed Required 1B volumes reached for 0 hours, 8 are needed Warrant 2 - Four Hour Volumes .............................................................................................................................................Not Satisfied Number of hours (1) volumes exceed minimum < minimum required (4). Warrant 3 - Peak Hour .............................................................................................................................................................Not Evaluated Warrant 3A - Peak Hour Delay ...........................................................................................................Not Evaluated Warrant 3B - Peak Hour Volumes ......................................................................................................Not Evaluated Warrant 4 - Pedestrian Volumes ............................................................................................................................................Not Evaluated Warrant 5 - School Crossing ..................................................................................................................................................Not Evaluated Warrant 6 - Coordinated Signal System ................................................................................................................................Not Evaluated Warrant 7 - Crash Experience ................................................................................................................................................Not Evaluated Warrant 8 - Roadway Network ...............................................................................................................................................Not Evaluated Warrant 9 - Intersection Near a Grade Crossing ..................................................................................................................Not Evaluated SOUTH DAKOTA DEPT. OF TRANSPORTATION Division of Planning and Engineering / Road Design Study Name : Page No. : 2Signal Warrants - Summary 200 400 600 800 1000 1200 1400 1600 1800 0 100 200 300 400 500 600 700 Major Street - Total of Both Directions (VPH)Minor Street - Higher Volume Approach (VPH)Warrant Curves Peak Hour Warrant Four Hour Warrant [Rural, 1 major lane and 1 minor lane curves used] 16:15 07:00 17:15 16:00 12:00 15:45 12:4512:1512:30 15:30 11:4511:30 15:00 13:00 15:15 13:15 14:4508:00 14:15 Analysis of 8-Hour Volume Warrants: War 1A-Minimum Volume War 1B-Interruption of Traffic War 1C-Combination of Warrants Hour Major Minor Maj Min Hour Major Minor Maj Min Hour Major Minor 1A 1B Begin Total Vol Dir 350 105 Begin Total Vol Dir 525 53 Begin Total Vol Dir Met Met 16:15 388 259 NB Yes Yes 07:30 439 144 NB No Yes 07:15 437 135 NB -Yes 07:00 376 118 NB Yes Yes 07:15 437 135 NB No Yes 16:45 429 219 NB -Yes 17:15 363 136 NB Yes Yes 16:45 429 219 NB No Yes 17:00 418 208 NB Yes - 16:00 330 184 NB No Yes 17:00 418 208 NB No Yes 07:00 376 118 NB Yes No 12:00 327 139 NB No Yes 16:30 409 251 NB No Yes 16:00 330 184 NB Yes No 15:45 316 179 NB No Yes 07:45 392 150 NB No Yes 12:30 307 118 NB Yes No 12:45 316 117 NB No Yes 16:15 388 259 NB No Yes 11:30 292 126 NB Yes No 12:15 309 129 NB No Yes 07:00 376 118 NB No Yes 15:00 283 145 NB Yes No 12:30 307 118 NB No Yes 17:15 363 136 NB No Yes 16:30 409 251 NB -No 15:30 305 162 NB No Yes 16:00 330 184 NB No Yes 16:15 388 259 NB -No 11:45 292 135 NB No Yes 12:00 327 139 NB No Yes 12:00 327 139 NB -No 11:30 292 126 NB No Yes 17:30 322 120 NB No Yes 15:45 316 179 NB -No 15:00 283 145 NB No Yes 15:45 316 179 NB No Yes 12:45 316 117 NB -No 13:00 280 108 NB No Yes 12:45 316 117 NB No Yes 12:15 309 129 NB -No 15:15 278 142 NB No Yes 12:15 309 129 NB No Yes 15:30 305 162 NB -No 13:15 274 107 NB No Yes 12:30 307 118 NB No Yes 11:45 292 135 NB -No 14:45 272 139 NB No Yes 15:30 305 162 NB No Yes 17:45 282 100 NB -No 08:00 271 122 NB No Yes 11:45 292 135 NB No Yes 13:00 280 108 NB -No 14:15 266 102 NB No No 11:30 292 126 NB No Yes 15:15 278 142 NB -No 11:15 257 122 NB No Yes 15:00 283 145 NB No Yes 13:15 274 107 NB -No 13:30 256 109 NB No Yes 17:45 282 100 NB No Yes 14:45 272 139 NB No No 14:30 254 104 NB No No 13:00 280 108 NB No Yes 08:00 271 122 NB No - 14:00 249 111 NB No Yes 15:15 278 142 NB No Yes 14:15 266 102 NB No No 13:45 245 107 NB No Yes 13:15 274 107 NB No Yes 18:00 263 92 NB No No SOUTH DAKOTA DEPT. OF TRANSPORTATION Division of Planning and Engineering / Road Design Study Name : Page No. : 1Signal Warrants - Summary Major Street Approaches Minor Street Approaches Eastbound: HWY 14 6TH ST Number of Lanes: 1 85% Speed < 40 MPH. Total Approach Volume: 5,045 Northbound: 7TH AVE Number of Lanes: 1 Total Approach Volume: 298 Westbound: HWY 14 6TH ST Number of Lanes: 1 85% Speed < 40 MPH. Total Approach Volume: 5,240 Southbound: 7TH AVE Number of Lanes: 1 Total Approach Volume: 278 Warrant Summary (Rural values apply.) Warrant 1 - Eight Hour Vehicular Volumes ...........................................................................................................................Not Satisfied Warrant 1A - Minimum Vehicular Volume .........................................................................................Not Satisfied Required volumes reached for 0 hours, 8 are needed Warrant 1B - Interruption of Continuous Traffic ..............................................................................Not Satisfied Required volumes reached for 0 hours, 8 are needed Warrant 1C - Combination of Warrants .............................................................................................Not Satisfied Required 1A volumes reached for 0 hours, 8 are needed Required 1B volumes reached for 0 hours, 8 are needed Warrant 2 - Four Hour Volumes .............................................................................................................................................Not Satisfied Number of hours (0) volumes exceed minimum < minimum required (4). Warrant 3 - Peak Hour .............................................................................................................................................................Not Evaluated Warrant 3A - Peak Hour Delay ...........................................................................................................Not Evaluated Warrant 3B - Peak Hour Volumes ......................................................................................................Not Evaluated Warrant 4 - Pedestrian Volumes ............................................................................................................................................Not Evaluated Warrant 5 - School Crossing ..................................................................................................................................................Not Evaluated Warrant 6 - Coordinated Signal System ................................................................................................................................Not Evaluated Warrant 7 - Crash Experience ................................................................................................................................................Not Evaluated Warrant 8 - Roadway Network ...............................................................................................................................................Not Evaluated Warrant 9 - Intersection Near a Grade Crossing ..................................................................................................................Not Evaluated SOUTH DAKOTA DEPT. OF TRANSPORTATION Division of Planning and Engineering / Road Design Study Name : Page No. : 2Signal Warrants - Summary 200 400 600 800 1000 1200 1400 1600 1800 0 100 200 300 400 500 600 700 Major Street - Total of Both Directions (VPH)Minor Street - Higher Volume Approach (VPH)Warrant Curves Peak Hour Warrant Four Hour Warrant [Rural, 1 major lane and 1 minor lane curves used] 16:3016:4516:1516:0017:0012:0015:4515:3011:4515:1511:3012:1517:1515:0014:4511:1512:3012:4514:30 Analysis of 8-Hour Volume Warrants: War 1A-Minimum Volume War 1B-Interruption of Traffic War 1C-Combination of Warrants Hour Major Minor Maj Min Hour Major Minor Maj Min Hour Major Minor 1A 1B Begin Total Vol Dir 350 105 Begin Total Vol Dir 525 53 Begin Total Vol Dir Met Met 16:30 1,310 36 NB Yes No 16:30 1,310 36 NB Yes No 16:30 1,310 36 NB No No 16:45 1,264 35 SB Yes No 16:45 1,264 35 SB Yes No 16:45 1,264 35 SB No No 16:15 1,251 39 NB Yes No 16:15 1,251 39 NB Yes No 16:15 1,251 39 NB No No 16:00 1,182 38 SB Yes No 16:00 1,182 38 SB Yes No 16:00 1,182 38 SB No No 17:00 1,168 33 NB Yes No 17:00 1,168 33 NB Yes No 17:00 1,168 33 NB No No 12:00 1,112 26 NB Yes No 12:00 1,112 26 NB Yes No 12:00 1,112 26 NB No No 15:45 1,104 38 SB Yes No 15:45 1,104 38 SB Yes No 15:45 1,104 38 SB No No 15:30 1,091 36 SB Yes No 15:30 1,091 36 SB Yes No 15:30 1,091 36 SB No No 11:45 1,086 35 NB Yes No 11:45 1,086 35 NB Yes No 11:45 1,086 35 NB No No 15:15 1,078 38 SB Yes No 15:15 1,078 38 SB Yes No 15:15 1,078 38 SB No No 11:30 1,073 37 NB Yes No 11:30 1,073 37 NB Yes No 11:30 1,073 37 NB No No 12:15 1,054 21 NB Yes No 12:15 1,054 21 NB Yes No 12:15 1,054 21 NB No No 17:15 1,040 28 SB Yes No 17:15 1,040 28 SB Yes No 17:15 1,040 28 SB No No 15:00 1,026 33 SB Yes No 15:00 1,026 33 SB Yes No 15:00 1,026 33 SB No No 14:45 1,006 31 NB Yes No 14:45 1,006 31 NB Yes No 14:45 1,006 31 NB No No 11:15 996 36 NB Yes No 11:15 996 36 NB Yes No 11:15 996 36 NB No No 12:30 993 24 SB Yes No 12:30 993 24 SB Yes No 12:30 993 24 SB No No 12:45 964 24 SB Yes No 12:45 964 24 SB Yes No 12:45 964 24 SB No No 14:30 957 34 NB Yes No 14:30 957 34 NB Yes No 14:30 957 34 NB No No 14:00 939 34 NB Yes No 14:00 939 34 NB Yes No 14:00 939 34 NB No No 13:45 936 29 NB Yes No 13:45 936 29 NB Yes No 13:45 936 29 NB No No 13:00 934 25 SB Yes No 13:00 934 25 SB Yes No 13:00 934 25 SB No No 14:15 927 33 NB Yes No 14:15 927 33 NB Yes No 14:15 927 33 NB No No 13:15 927 29 SB Yes No 13:15 927 29 SB Yes No 13:15 927 29 SB No No èé èé èé èé èé èéèé èé èé 8 T H S T 7 T H S T 3 R D S T U S H W Y 1 4 5 T H S T 2 N D S T9TH AVE8TH AVE1 S T S T 4 T H S T7TH AVE2 N D S T S MEDARY AVEWESTERN AVE1ST AVE11T H S T 6TH AVE12TH AVE11TH AVE17TH AVE3 R D S T S5TH AVE20TH AVE2ND AVE9 T H S T 1ST ST S 13TH AVEH A RV E Y D U N N S T 6TH AVE SJACKRABBIT AVE3RD AVE16TH AVEO LW I E N S T N 1 3 S T LINCOLN LNORCHARD DR E L M W O O D D R14TH AVEU N I V E R S I T Y B LV D 3RD AVE SS TAT E S T R A I L R O A D S T DERDALL DRDIVISION AVESTATE AVE5TH AVE S1ST AVE SROTUNDA LN1 0 T H S T 15TH AVEFRONT ST V I N E S THENRY AVE2ND AVE SGROVE LN LEGEROS DRMAIN AVEN O R T H C A M P U S D R N 7 AVEJ A C K R A B B I T L N M O R N I N G S I D E D RDAKOTA AVECAMPANILE AVEOHIO AVECI RCLE DRW F O L S O M S T W I S C O N S I N S T FACULTY DRWILSON AVEHUGHES AVEMARIAN AVER O B I N R D S E E D H O U S E R D 19TH AVE SWILSON AVE9 T H S T 9 T H S T 14TH AVE9 T H S T 1 S T S T3RD AVE1 S T S T 4 T H S T MAIN AVE£¤14 S D 3 7N. Minnesota StreetTraffic Analysis of Signalized Intersections6th Street - Main Avenue to 20th Avenue Study Limits 255 feet 159 feet 197 feet 155 feet 150 feet 126 feet 360 feet 244 feet 286 feet 173 feet 150 feet 128 feet 236 feet 205 feet 120 feet 81 feet 6th Street & Main Avenue 6th Street & 5th Avenue Main Ave. 6th St. 5th Ave. 2015 Maximum Traffic Back-up for 3-Lane during PM Peak Hour 2015 Maximum Traffic Back-up for 5-Lane during PM Peak Hour 2015 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X 2040 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X B/C C/C B/B C/D 366 feet 185 feet 320 feet 146 feet 286 feet 187 feet 396 feet (to 7th St.) 264 feet 6th Street & Medary Avenue 6th St. Medary Ave. 2015 Maximum Traffic Back-up for 3-Lane during PM Peak Hour 2015 Maximum Traffic Back-up for 5-Lane during PM Peak Hour 2015 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X 2040 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X C/C D/E 324 feet 227 feet 207 feet 114 feet 60 feet 62 feet 138 feet 116 feet 6th Street & 12th Avenue 6th St. 12th Ave. 2015 Maximum Traffic Back-up for 3-Lane during PM Peak Hour 2015 Maximum Traffic Back-up for 5-Lane during PM Peak Hour 2015 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X 2040 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X A/A A/B 892 feet 319 feet 309 feet 134 feet 178 feet 214 feet 226 feet 159 feet 6th Street & 17th Avenue 6th St. 17th Ave. 2015 Maximum Traffic Back-up for 3-Lane during PM Peak Hour 2015 Maximum Traffic Back-up for 5-Lane during PM Peak Hour 2015 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X 2040 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X B/C B/F 198 feet 166 feet 901 feet (to 22nd Ave.) 248 feet 44 feet 47 feet 262 feet 204 feet 6th Street & 20th Avenue 20th Ave. 6th St. 2015 Maximum Traffic Back-up for 3-Lane during PM Peak Hour 2015 Maximum Traffic Back-up for 5-Lane during PM Peak Hour 2015 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X 2040 5-Lane PM Peak Hour LOS / 3-Lane PM Peak Hour LOS X/X A/C B/F 38+00 39+00 40+00 41+00 42+00 43+00 44+00 45+00 46+00 47+00 93.7’93.7’93.7’ ’350 ’175EB QUEUE WB QUEUE Plotting Date:11/17/2014 3 LANE QUEUE LENGTHS 6th Avenue5th AvenueMain Avenue 59+00 60+00 61+00 62+00 63+00 64+00 64+8264+82 80.0’80.0’ ’460’450 EB QUEUE WB QUEUE 3 LANE QUEUE LENGTHS 63+00 ...\6th Street 3-Lane Design.dgnFile - Plotting Date:11/17/2014 Plot Scale - 1:66Plotted From - trsf12145Medary Avenue11th Avenue9th Avenue 38+00 39+00 40+00 41+00 42+00 43+00 44+00 45+00 93.7’93.7’ EB QUEUE’215 ’60 WB Plotting Date:11/17/2014 5 LANE QUEUE LENGTHS 5th AvenueMain Avenue 61+00 62+00 63+00 64+00 64+8264+82Medary Avenue80.0’11th AvenueEB QUEUE’225 WB QUEUE’200 5 LANE QUEUE LENGTHS ...\6th Street 5-Lane3’ShouldersDesign.dgnFile - Plotting Date:08/20/2015 Plot Scale - 1:50Plotted From - trsf12145 Brookings Bicycle Advisory Committee Caleb Finck, Chair Joanie Holm, Vice-Chair Emily Braun Van Fishback Julie Hendricks Vern Olson Steve Paula Meghan Thoreau Ben Vukovich Mike Lockrem, SDSU Liaison Steve Berseth, Park & Recreation Board Liaison DATE: December 4th, 2015 MEMO: December 8th City Council Report FROM: Brookings Bicycle Advisory Committee Role/Purpose: The role of the Brookings Bicycle Advisory Committee (BBAC) is to advise the City Council, City Manager, and City Boards on bicycling-related issues; help advance the state of bicycle infrastructure; encourage bicycling for transportation and recreation; public education and awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans; review and suggest legislative and policy changes; recommend priorities for use of the public funds on bicycle projects; and help ensure Brookings retains and enhances its status as a bike friendly community. The BBAC is to review and make recommendations on capital improvement projects developed by the City departments and outside agencies to ensure that adequate consideration is given to bicycles. Considerations: ● Would the committee recommend one-way streets with bicycle lanes on 5th & 7th streets? ● What can be done to make 6th Street more Bicycle Friendly? Recommendation #1: The BBAC recommends the City Council not consider changing 5th & 7th Street, to one-way streets with accompanying bicycle lanes. Purpose of Recommendation #1: The BBAC identified 6th Street as a barrier between the community and the South Dakota State University campus. The implementation of one way streets on 5th and 7th Street would not solve any current issues to: ● Keep 6th Street in its current form and its difficult crossing access points, ● Create a situation where bicycles would have to cross 6th Street in order to travel the appropriate bike lane depending on east/west direction. This could create an unnecessary crossing of 6th Street. Recommendation #2: The BBAC recommends that the City Council consider adopting the following standard, with immediate focus for 6th Street and future considerations for 22nd Avenue and Main Avenue South: Major Arterial - All major arterial streets in the city of Brookings should include protected bike lanes at a minimum of 4’ wide. Protected Bike Lane - A bicycle lane that is physically separated from motor vehicle traffic by a permanent barrier. Purpose of Recommendation #2: The BBAC feels strongly that it should create a culture which encourages bicyclists’ use of 6th street and other major arterials. Creating bicycle lanes on 6th Street greatly enhances the greater Brookings Bicycle Network. Additionally, adding protected lanes to major arterials would greatly increase the percentage of arterial streets with bike lanes and the total bicycle network mileage to total road network mileage. Both categories need strong improvements and consideration as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. Furthermore, creating protected bicycle lanes on 6th Street would promote ridership. This is the most critical metric as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. The figure at left shows how bike traffic changed after one year with a protected lane. The results are staggering. This infographic was developed from data contained in a report from the National Institute for Transportation and Communities - Lessons from the Green Lanes: Evaluating Protected Bike Lanes in the U.S.. Conclusion: We recommend the City Council adopt these recommendations. We believe that 6th Street, if it included protected bicycle lanes, would not need to be placed on a road diet and could remain as a five-lane road. 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 15-120,Version:1 Action on Resolution 15-120, a Resolution Adopting Rules and Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights Commission. Summary: A proposed Resolution Adopting Rules and Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights Commission and Complaint Procedural Handbook has been prepared in order to implement the Complaint procedures under the Human Rights Commission ordinance adopted this year. The procedures were developed based on several sources, including the Administrative Rules of South Dakota, which establishes Hearing procedures used by the State of South Dakota’s administrative agencies and based upon the Sioux Falls discrimination complaint procedures. The procedures have been tailored to our ordinance, and should be subject to further modifications as we work with these new procedures and determine where efficiencies and improvements can be made. The Hearing procedures initially will involve the City Attorney who can provide guidance to Commission members and staff during the hearings of complaints since hearing procedure is will within the scope of training and experience of the City Attorney. Recommendation: Staff recommends approval Attachments: Resolution Record Book - Table of Contents Guide and Instructions Procedural Flowchart Intake Questionnaire Instructions Intake Questionnaire Investigating A Complaint Letter Letter to CP Regarding Response Mediation Form Letter Minimizing Damages Acknowledgement Negotiated Settlement Letter Notice of Complaint Filing Notice of Entry of Order Notice of Pre-Hearing - Respondent Notice of Pre-Hearing - Complainant Notice of Right to Sue Letter Request for Information Request for Withdrawal of Charge City of Brookings Printed on 12/3/2015Page 1 of 2 powered by Legistar™ File #:RES 15-120,Version:1 Response Received from Employer Letter City of Brookings Printed on 12/3/2015Page 2 of 2 powered by Legistar™ Resolution 15-120 Resolution Adopting Rules and Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights Commission Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings adopts the attached Rules and Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights Commission; Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, that the City of Brookings adopts the attached Rules and Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights Commission. Passed and approved on the 8th day of December, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk HUMAN RIGHTS COMMISSION COMPLAINT PROCEDURAL HANDBOOK TABLE OF CONTENTS Document Section Procedural Flowchart 1 Intake Questionnaire Instructions 2 Intake Questionnaire 3 Investigating a Complaint Letter to Witnesses 4 Letter to Complaining Party Regarding Response of Respondent 5 Mediation Form Letter 6 Acknowledgement by Complainant to Minimize Damages 7 Negotiated Settlement Letter 8 Notice of Complaint Filing 9 Notice of Entry of Order of No Probable Cause 10 Notice of Pre-Hearing Conference & Notice of Hearing Respondent 11 Notice of Pre-Hearing Conference and Notice of Hearing - Complainant 12 Notice of Right to Sue Letter re EEOC Matters 13 Request for Information to Respondent 14 Request for Withdrawal of Complaint 15 Notice to Complainant of Response and Request for Rebuttal Statement 16 Hearing Procedure Guide and Instructions Concerning Brookings Human 17 Rights Commission Hearing Procedures 1 Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 BROOKINGS HUMAN RIGHTS COMMISSION GUIDE AND INSTRUCTIONS CONCERNING BROOKINGS HUMAN RIGHTS COMMISSION HEARING PROCEDURES 1. What is a Hearing? The hearing is a fact-finding process. The hearing examiner will listen to each side and make an impartial decision on the issues involved in the case. The hearing examiner will decide whether the Complaint is supported by the facts and the law. The hearing is a formal process following legal procedures. Witnesses testify under oath or affirmation and in the order set by the examiner. Documents may be submitted if permitted by the rules of evidence. Each party has the right to ask questions of the witnesses. The hearings are recorded. The record made at the hearing will be the only thing reviewed if the examiner’s decision is appealed further. The hearing is very important because it is the only chance you have to present the facts of your case. 2. How Will I be Notified of the Hearing? A Notice of Hearing will be sent to you at least seven days before the hearing. Carefully read the notice and any papers attached to the notice. The notice tells the time and date of the hearing, where the hearing will be held, what the case is about, and the laws or rules involved in the case. 3. Can a Complaint be Withdrawn? If you have requested a hearing and later decide not to proceed with your Complaint, your request may be withdrawn any time before the scheduled date. 2 You should mail or deliver a Notice withdrawing your hearing request to the City Clerk as soon as possible so the other party can be notified that the hearing is cancelled. 4. Do I Need a Lawyer? An individual may represent himself or herself. Individuals may also choose to be represented by an attorney. Note: Corporations must be represented by an attorney. The examiner is also trained to conduct hearings where one or both parties are not represented. If you decide to hire an attorney, please notify the City Clerk of your choice as soon as possible. If you hire an attorney, it will be at your own expense. 5. What Happens at the Hearing? As a rule, hearings begin promptly at the time shown on the Notice of Hearing. If you do not appear or are late for the hearing, your Complaint could be dismissed or may be decided based on other available evidence. At the beginning of the hearing, the hearing examiner explains the hearing process, the issues to be decided, and the order of testimony. The witnesses are sworn under oath. The parties, in the order specified by the examiner, present their cases by testifying, calling other witnesses, and presenting documents or other evidence. After each witness testifies, the opposing party can ask questions of the witness. This is not a time to argue with the witness or make comments about the testimony, but instead is a chance to question the witness to test the testimony given or obtain information that is helpful to your case. The examiner may also ask questions of the parties and their witnesses during the hearing. After the parties are finished presenting information and asking questions of the witnesses, each party may give a closing statement, and the examiner closes the hearing. No information is accepted into the record after the hearing is closed. 6. Do I Need Witnesses and Other Evidence? If you believe the opposing party’s testimony will be different from your testimony, you may want to have witnesses or other evidence to help your case. Talk to potential witnesses before the hearing to find out what they know about 3 your case. You should present witnesses with personal knowledge of the facts. A person who did not observe what happened or who cannot remember well is a poor witness. Use only witnesses you really need. If you have several people who would say the same thing, use the person who can best state the facts. Make sure your witnesses are available to participate at the time set for the hearing. If witnesses who are needed for your case refuse to appear, a subpoena ordering them to appear for the hearing can be issued. You may receive documents with the Notice of Hearing that relate to your case. If you have other documents or evidence you need to prove you case, promptly mail copies to the other party after you receive the Notice of Hearing. If you want any of these documents considered by the examiner in making a decision, ask the examiner at the hearing to mark the documents as exhibits in your case. Parties should cooperate in exchanging information before the hearing. If the other party will not give you documents you need for your case, you can have the information subpoenaed. If you are represented by an attorney, your attorney can subpoena the witnesses or documents you need for your case. If you do not have an attorney, you should ask the examiner to issue a subpoena. Requests to subpoena witnesses or documents should be made as soon as you receive the Notice of Hearing. You must state why the witness or document is important to your case. The examiner will then consider whether your request is reasonable and if the witnesses or documents are necessary in granting or denying a subpoena. You must supply the name and home address of any witness you want subpoenaed and describe the documents you need in your request. The party requesting the subpoena must pay the witness fees and costs for serving the subpoena. 7. How Can I Best Present My Case? Listen to what the examiner tells you. If you do not understand, ask questions before the hearing starts. Make sure you understand the issues that will be discussed at the hearing. Explain the facts of your case in a clear and orderly way and give only the facts that are important. Do not waste time on things that have nothing to do with the issues in the case. Do not repeat yourself. If the examiner or the other party asks a question, answer it directly and honestly - - do not add 4 extra information. Be prepared to ask your witnesses questions to present their testimony to the examiner. Listen to what the other side says. Do not interrupt. You will get your turn to ask questions and respond after the witness finishes testifying. Bring a pen and paper to the hearing and take notes so you can ask good questions and properly respond to the testimony. You should ask the other side questions only about important matters where the testimony can help your case. It is important that the examiner believes you are telling the truth. Getting angry, being rude, or arguing with the examiner or opposing party will not help your case. Individuals who are disruptive may be expelled from the hearing. 8. What Happens After the Hearing? The procedure for making a final decision depends on the nature of the case. The examiner’s decision is the final decision. The final decision will be mailed to the parties as soon as possible after the hearing. The decision will state the important facts of the case, the legal conclusion, and reasons for the decision, and an order stating the result of the decision. 9. Do I Have Further Appeal Rights? If you think the final decision is wrong, you can appeal it to Circuit Court within 30 days after the date of the decision. The law allows an appeal of the decision to Circuit Court. Decisions of the Circuit Court may be appealed to the South Dakota Supreme Court. If you have any questions about filing an appeal of an administrative decision, consult an attorney. COMPLAINT PROCESS _____________________________________________________ Respondent Answer Negotiated Settlement Order of Dismissal for No Probable Cause Case Panel Probable Cause No Probable Cause Complaint Filed Service of Verified Complaint by Brookings HRC Mediation Successful Agreement Unsuccessful Agreement Dismissal of Complaint for Failure to State a Claim Upon Which Relief can be Granted Conciliation Conference Circuit Court Appeal Successful Conciliation Unsuccessful Conciliation Elect Circuit Court BHRC Public Hearing Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 BROOKINGS HUMAN RIGHTS COMMISSION INSTRUCTIONS FOR COMPLETING DISCRIMINATION INTAKE QUESTIONNAIRE *****PLEASE READ THIS ENTIRE DOCUMENT BEFORE STARTING***** The Code of Ordinances of Brookings, SD, Chapter 2, Article 5, Division 2, prohibits discrimination on the basis of race, color, creed, religion, sex, national origin, ancestry, disability, familial status, marital status, gender identity or sexual orientation. The Ordinance applies to the following areas: employment, housing, education, public accommodations, public services, real property rights, and labor union membership. In order to file a complaint, you must allege discrimination because of your race, color, creed, religion, sex, national origin, ancestry, disability, or familial status (housing only) in the areas of employment, housing, education, public accommodations, public services, real property rights, and/or labor union membership. A Complaint based upon discrimination on the basis of marital status, gender identity or sexual orientation cannot be investigated under State law or City ordinance. Your Complaint must be filed within 180 days, but less than 300 days of the incident, please contact the Human Rights Commission office for information if necessary before completing these instructions. Please fill out the attached/enclosed form as completely as possible. Use the reverse side and/or extra paper to explain exactly what happened to you. Be specific with all names and dates. Please note that completing this questionnaire does not mean that a charge of discrimination has been filed. After you submit the information, the Human Rights Commission staff will draft a Complaint of discrimination and then ask you to review it and will notarize your signature. If the information is not sufficient to issue a Complaint, you will be contacted to discuss this matter and explain your alternatives. Please return the completed questionnaire as soon as possible to: Brookings Human Rights Commission, 520 3rd Street, Suite 230, Brookings, SD, 57006 or email it to sthornes@cityofbrookings.org. 1 Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 BROOKINGS HUMAN RIGHTS COMMISSION INTAKE QUESTIONNAIRE 1. Complainant Information: (please print) Name (first/middle/last): Address: City/state/zip code: County: Daytime phone: Other phone: Date of birth (provide only if claiming age discrimination): □ Male □ Female Provide the name of someone who lives at a different address, who would know how to contact you at any time: Name: Relationship: Address: Daytime phone: City/state/zip code: Are you represented by an attorney: □ Yes □ No If yes, indicate the name of the attorney, firm, address and phone number. Please note that you are not required to be represented by an attorney. You can, however, seek representation at any time. Name of attorney: Firm: Address: Phone number: 2 2. Respondent Information: Provide the name and address of the company, employer, labor union, employment agency, school, business or public service agency who you believe discriminated against you: Name: Respondent type (i.e. employer/business/company): Address: City/state/zip code: Phone number: Name, address and telephone number of company headquarters, if different from address listed above (if known): Name: Address: City/state/zip code: Phone number: 3. Statement of Allegations (Describe the action by the Respondent against you): Explain, specifically, the action taken against you, by whom (include name and job title), and dates of each event. Attach an additional sheet if necessary. Begin by stating the action, i.e. failed to hire, failed to promote, retaliated against, denied reasonable accommodation, harassed, terminated, denied access, etc. 3 4. Reason for action(s) stated by Respondent: State the reason given for the action(s) taken against you. If documentation was provided, please attach a copy: 5. Basis of Complaint: Check the category(s) which best describes why you believe you were discriminated against. If none of the following bases apply to your situation, please stop here. □ Race What is your race? □ Age What is your age/date of birth? □ Sex What is your gender? □ National origin What is your national origin? □ Religion What is your religion? □ Color What is your color? □ Disability What is your disability? □ Retaliation Explain how you were retaliated against: □ Housing What happened to you? How were you discriminated against? (For example: Were you refused an opportunity to rent or buy housing? Denied a loan? Told that housing was not available when it was? Treated differently from other seeking housing?) □ Other Explain: 4 6. Date(s) of Alleged Discrimination Action: Beginning date: Ending date: 7. Witness(es): List any and all persons who witnessed the discrimination and can support your allegations: Name: Phone number: What are they a witness to? (if necessary, continue on a separate attached sheet): 8. List other persons (if any) who were discriminated against in the same manner as you were. Include name, address and phone number. Name Address Phone number 5 9. Have you filed similar complaints with any other governmental agency? (i.e. South Dakota Division of Human Rights or Equal Employment Opportunity Commission) □ Yes If yes, which agency: □ No 10. Mediation Information: Are you interested in pursuing mediation as an alternative to the investigative and formal decision-making process? □ Yes □ No The goal of mediation is to arrive at a reasonable settlement, acceptable to all parties. The Brookings Human Rights Commission supports mediation and strongly recommends you consider mediation. If you and the Respondent agree to enter into mediation, a trained professional mediator will be provided at no cost to you. If for some reason mediation does not result in a mutual settlement, your charge will then continue through the administrative process, pursuant to City Ordinance. 11. Disability Information (Complete only if claiming disability as the basis for your complaint.): Describe the impairment and indicate how it affects a major life activity (i.e. working, eating, sleeping, walking, talking and breathing – list all); include any necessary explanation. Include if, how and when the information was known to the Respondent. Description of impairment: Impact on major life activity: If, how and when the information was known to Respondent: Please provide signed documentation from a medical professional specifically stating your medical condition and how it limits your daily life functions. 6 12. Employment Information: (Complete only if Respondent is your employer or prospective employer as applicable) a. Date(s) of your employment: b. Job title at the time of hire: c. Current job title: d. Supervisor: e. Approximate number of employees: f. Did you fill out an application for employment or promotion? □ Yes □ No g. Were you qualified for the position for which you applied? □ Yes □ No h. Were you interviewed? □ Yes □ No i. If you were not hired or promoted, do you know who was? □ Yes □ No If yes, please state name and protected class (i.e. race, religion, national origin). Name: Protected class: j. Were you given a copy of the company’s rules and policies? □ Yes □ No k. Did you ever complain to your supervisor or Human Resources department about the discriminatory acts against you? □ Yes □ No Explain whatever action was taken: 7 13. Housing. 1. Why do you believe you are being discriminated against? For example: Were you denied housing because of your race? Were you denied a mortgage loan because of your religion? Were you turned down for an apartment because you have children? Were you harassed because you assisted someone in obtaining fair housing rights? Please note: It is a violation of the law to deny housing rights for any of the following factors: race, color, creed, religion, sex, ancestry, national origin, disability, familial status (families with children under 18). Briefly explain why you think your housing rights were denied: 2. Who do you believe discriminated against you? Was it a landlord, owner, bank, real estate agent, broker, company, or organization? Name Address 3. Where did the alleged act of discrimination occur? Provide the address.  Rental Unit  Single-family Home  Public or Assisted Living  Mobile Home  Bank or other Lending Institution  Other, Explain: Address City State Zip Code 4. When did the last act of discrimination occur? Enter the date: / / . Is the alleged discrimination continuous or ongoing?  Yes  No Have you filed similar complaints with any other governmental agency?  Yes  No 8  U.S. HOUSING AND URBAN DEVELOPMENT (HUD)  SD DIVISION OF HUMAN RIGHTS  OTHER, EXPLAIN: ______________________________________________________ ________________________________________________________________________ The Brookings Human Rights Commission does not charge any fees for its services. As a government agency, the Commission cannot endorse or recommend any particular attorney. This intake form is not an official filing document. Your charge of discrimination will be drafted from the information provided and you will be contacted to come in and sign. I declare and affirm that this information is, to the best of my knowledge, true and correct. Signature of Complainant Date Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (Date) (Address) Dear : The Brookings Human Rights Commission is charged with the administration and enforcement of civil rights laws in the City of Brookings. The Commission is presently investigating a complaint of discrimination brought by . Through the investigation, it has been determined that you are a potential witness. As a result, the Commission is asking that you complete the enclosed questionnaire. Your information is important to the Commission’s investigation. After you have completed the questionnaire, please return it in the enclosed self-addressed stamped envelope on or before (date). The Commission would like to emphasize that this is a confidential matter and should not be discussed with others. Your participation with this investigation means you are protected from any retaliation by anyone involved in this matter. On behalf of the Human Rights Commission, let me express our appreciation for your cooperation. If you have questions or concerns, please contact me at (605) 692-6281 or at sthornes@cityofbrookings.org . Sincerely, Enclosure Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (Date) (Address) Re: Dear : Enclosed please find Respondent’s response to your charge of discrimination. Please review it carefully. If you disagree with the response, or portions of it, please provide a rebuttal statement indicating the areas in which you disagree and an explanation for the disagreement. You have thirty (30) days to submit your rebuttal statement to the Commission. If more time is needed, please contact the Commission to request an extension. If you would prefer to provide your rebuttal statement during a face-to-face meeting with the investigator, you may choose that option. Again, that also must be done within thirty (30) days. To set up an appointment for a face-to-face meeting, please contact the City Clerk’s Office by calling (605) 692-6281 or by emailing sthornes@cityofbrookings.org . If you choose not to respond, the Commission will assume you do not dispute the facts presented by the Respondent. If you have questions about this matter, please feel free to contact me. I look forward to your response. Sincerely, Enclosure Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (Date) (Address) Dear : Thank you for agreeing to use mediation in an attempt to resolve the issues regarding the charges of discrimination filed with our office. Enclosed are the following forms: Form A City of Brookings Human Rights Commission Mediation Rules Form B Agreement to Mediate Form C Mediation Conference Process Please review these forms prior to your first meeting with the mediator and be prepared to sign them at mediation. The mediator will contact you within the next five to seven working days to set up an appointment for your first meeting. The mediator for your case will be . If you have any questions regarding the mediation process or the forms, please call me at (605) 692-6281. Sincerely, Enclosures Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 ________________________________________________________________ In the matter of: ) ) , ) Charge No. Complainant ) ) EEOC Charge No. ) v. ) ) MINIMIZING DAMAGES , ) ACKNOWLEDGMENT Respondent ) ) I, , understand that I may be entitled to limited damages, such as loss of back pay because of discriminatory acts on the part of Respondent. However, I also understand that I have a duty to mitigate damages by seeking comparable employment (if applicable) until my Complaint has been processed. I will keep all records of my attempts to gain other employment. These records will contain the name of the person I contacted regarding possible employment, and the position for which I applied. I will also keep records of all income I obtain between the time of filing this charge until the time of its resolution. I agree to keep all payroll check stubs, withholding statements, income tax returns, or any other records I receive concerning earnings. I agree and understand that I may be required to furnish this information in an attempt to obtain any legal remedy under the Code of Ordinances of Brookings, South Dakota, Chapter 2. My signature certifies that I have read and understood this document. ________________________________ _______________________ Signature of Date Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (DATE) (Address) RE: Dear : Enclosed please find a fully-executed copy of the negotiated settlement agreement in the above-entitled matter. As a result of this agreement, this matter is closed except for compliance review specified in paragraph of the agreement. The Commission appreciates your willingness to work with the Mediation Program. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Enclosure Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 NOTICE OF COMPLAINT FILING (Address) Re: Dear : Pursuant to the Code of Ordinances of Brookings, South Dakota, Chapter 2, the above-named complainant has filed a complaint of discrimination with the Brookings Human Rights Commission. The complaint alleges there is cause to believe the above-named respondent has engaged in discriminatory or unfair practices. A copy of the complaint is enclosed. After a complainant files a charge of discrimination, it is the duty of the Brookings Human Rights Commission to conduct a full and impartial investigation to determine if the facts and circumstances support a finding of “probable cause” to believe that the respondent’s activities constitute discrimination on the basis of race, color, creed, religion, sex, disability, national origin, or ancestry. The investigation determines the facts without assuming there is a violation. If the alleged discrimination occurred in employment, a copy of this complaint has also been forwarded to the Equal Employment Opportunity Commission (EEOC). However, the Brookings City Clerk’s Office will conduct the initial investigation. As part of its investigation, the Commission is requesting information from your organization (please see the enclosed Request for Information). The enclosed Request for Information does not necessarily represent the entire body of information the Commission will be requesting. The investigation may require the Commission to make additional requests. The Code of Ordinances of Brookings, South Dakota, requires the response be filed with this office within ten (10) calendar days after receipt of the complaint. Upon request, and for a satisfactory reason, extensions to this time period may be granted. A request for an extension may be submitted to this office in writing or by phone. However, please note that a failure to respond within the required time period or within the extended time period could be considered by the Commission as a failure to cooperate and result in a determination of probable cause. Please retain all records relating to this matter until the Commission notifies you that the case has been closed. Your failure to preserve such records could cause the Commission to conclude that any records not preserved would have supported the complainant’s allegations. The complainant has indicated a willingness to participate in mediation. However, this is a voluntary program, and both parties must agree to participate in the mediation process. If you do NOT wish to participate in the program, please inform the Commission of this decision and submit the information requested in the Request for Information. If you have any questions or require additional time in which to respond, please contact the City Clerk’s Office at (605) 692-6281. Sincerely, Certified Mail Number: Enclosure Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 Notice of Entry of Order In the matter of: ) ) , ) SFHRC Charge No. . Complainant, ) EEOC Charge No. . ) v. ) ) NOTICE OF ENTRY OF ORDER , ) Respondent. ) ) TO: , Attorney, whose address is: . YOU WILL TAKE NOTICE that on the day of , 20 , a DETERMINATION OF was signed in the above-entitled matter. The Brookings Human Rights Commission received and reviewed the Complainant’s verified charge and the facts and records developed during the investigation. Based on the evidence established during the investigation, and pursuant to the Code of Ordinances of Brookings, SD, Chapter 2, the Commission determined that no probable cause exists to support Complainant’s allegations of discrimination. This decision may be appealed to the Circuit Court pursuant to SDCL 1-26-30. Dated at Brookings, South Dakota, this day of , 20 . Brookings Human Rights Commission By: 520 3rd St., Suite 230 / P.O. Box 270 Brookings, SD 57006 (605) 692-6281 Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (Date) (Address) Re: Notice of Pre-Hearing Conference and Notice of Hearing Dear : A pre-hearing conference has been set for , at a.m./p.m. This conference will be held in the room. The Public Hearing Panel members conducting the conference and hearing will be . Topics for discussion include: 1. Offers of settlement; 2. Simplification of the issues; 3. Exchange and acceptance of service of exhibits proposed to be offered into evidence; 4. Admissions as to, or stipulations of, facts not remaining in dispute, or the authenticity of documents which might properly shorten the hearing; 5. Limitation of the number of witnesses; 6. Discovery or production of evidence; and, 7. Such other matters as may properly be addressed to aid in expediting the orderly conduct and disposition of the proceeding. Please be advised that failure to attend the conference shall constitute a waiver of all objections to any determinations reached by the Public Hearing Panel and any order or ruling made. You are also hereby notified that pursuant to the Code of Ordinances of Brookings, South Dakota, Section 2-161, the complaint referenced above will be heard before the Brookings Human Rights Commission Public Hearing Panel as follows: Date: Time: Location: (Name from page 1) Page 2 (Current Date) As the Respondent, you have the right to be present at this hearing and you have the right to be represented by an attorney if you so desire. You also have the right to file an answer to Complaint. If you fail to respond to the Complaint at the public hearing, this will result in a finding of default in favor of Complainant. If ADA accommodations are needed for the pre-hearing conference or the public hearing, please contact the Office at least a week in advance of the conference and/or hearing. If you have any questions, please contact the City Clerk’s Office at (605) 692-6281 or. Thank you for your cooperation. Sincerely, Chairperson Brookings Human Rights Commission Public Hearing Panel Certified Mail No.: Enclosures: Copy of Petition Copy of Probable Cause Finding Human Rights Commission Public Hearing Panel Rules Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (Date) (Address) Re: Notice of Pre-Hearing Conference and Notice of Hearing Dear : A pre-hearing conference has been set for , at a.m./p.m. This conference will be held in the room. The Public Hearing Panel members conducting the conference and hearing will be . Topics for discussion include: 1. Offers of settlement; 2. Simplification of the issues; 3. Exchange and acceptance of service of exhibits proposed to be offered into evidence; 4. Admissions as to, or stipulations of, facts not remaining in dispute, or the authenticity of documents which might properly shorten the hearing; 5. Limitation of the number of witnesses; 6. Discovery or production of evidence; and 7. Such other matters as may properly be addressed to aid in expediting the orderly conduct and disposition of the proceeding. Please be advised that failure to attend the conference shall constitute a waiver of all objections to any determinations reached and any order or ruling made. You are also hereby notified that pursuant to the Code of Ordinances of Brookings, South Dakota, Section 2-161, the complaint referenced above will be heard before the Brookings Human Rights Commission Public Hearing Panel as follows: Date: Time: Location: (Name from page 1) Page 2 (Current Date) As the Complainant, you are advised that failure to appear at the hearing will result in a “finding of default” for Respondent. If ADA accommodations are needed for the pre-hearing conference or the public hearing, please contact the Office at least one week in advance. If you have any questions, please contact the Office at (605) 692-6281 or. Thank you for your cooperation. Sincerely, Chairperson Brookings Human Rights Commission Public Hearing Panel Certified Mail No.: Enclosures: Copy of Petition Copy of Probable Cause Finding Human Relations Commission Public Hearing Panel Rules Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (DATE) (Address) Re: Dear : The Brookings Human Rights Commission has received your client’s “Notice of Right to Sue” issued by the U.S. Equal Employment Opportunity Commission (EEOC). In light of the issuance of the Right to Sue letter, the Commission acknowledges that this matter will be addressed in federal court. As a matter of procedure, the Commission does not typically continue to process a Complaint of a Complainant who has elected the federal forum. To that end, the Commission requests that the enclosed Withdrawal Form be completed and returned to the City Clerk’s Office, so that we may adequately terminate the processing of this Complaint at the administrative level. For your convenience, I have enclosed a self-addressed stamped envelope. Thank you for your prompt attention to this matter. Sincerely, cc: Enclosures Brookings Human Rights Commission Charge Withdrawal Request SFHRC Charge Number: EEOC Charge Number: Complainant: Respondent: Notice of Right to Sue Issued by EEOC: (attached) Reason for SFHRC Withdrawal Request: I, , have requested and received Notice of Right to Sue from the EEOC. It is my intention to pursue this matter in federal court. I understand that this election to withdraw my charge pertains solely to my allegations filed pursuant to Chapter 2 of the Code of Ordinances of Brookings, South Dakota. Date Complainant Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 Brookings Human Rights Commission REQUEST FOR INFORMATION Complainant: Respondent: Charge No.: 1. Please provide the correct name and address of the organization/business named in the Complaint. Include the number of full-time and part-time employees of the business/organization. 2. Submit a written position statement on each of the allegations of the Complaint, accompanied by documentary evidence and/or written statements. Also include any additional information and explanations relevant to the Complaint. 3. Submit copies of all written rules, policies, and procedures related to the issue(s) raised in the Complaint. If such does not exist in written form, provide a written explanation of the rules, policies, and procedures. Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 Request for Withdrawal of Charge of Discrimination The Brookings Human Rights Commission received notice that you are requesting to withdraw the Complaint of discrimination you filed with the Commission. To initiate such action, please furnish the information below and return it in the enclosed envelope. Please note that your Complaint is presently pending with the Brookings Human Rights Commission. If you wish to withdraw your Complaint, you must indicate that in the space provided below. Since a request for withdrawal of a Complaint is subject to the approval of the Brookings Human Rights Commission, your request will be considered and acted upon when received. Please note that the Commission is still prepared to proceed with the Complaint if you so desire. Charging Party: Charge No.: Respondent(s): Charging Party Complete Information Below (Continue on reverse if necessary.) I am aware that the Brookings Human Rights Commission protects my right to file a complaint. I have been advised that it is unlawful for any person covered by Title VII of the Civil Rights Act of 1964, as amended, to threaten, intimidate, or harass me because I have filed a complaint. I have not been forced to request this withdrawal. I have also been advised that it is unlawful for any person covered by Chapter 2 of the Code of Ordinances of Brookings, South Dakota, to threaten, intimidate, or harass me because I have filed a complaint. I request the withdrawal of my charge because of the following reason(s): . I wish to withdraw my Complaint filed with the Brookings Human Rights Commission. Signature Date I wish to withdraw my Complaint (if any has been filed) with the Equal Employment Opportunity Commission. Signature Date Send to: For EEOC Use Only ___ approve disapprove ___ Director _____________________________ Date _______________________________ Human Rights Commission Brookings City & County Government Building 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 (Date) (Address) Re: Dear : Enclosed is a copy of the response to your Complaint of discrimination. Please review the response carefully. If you disagree with this response, or portions of it, please provide a rebuttal statement indicating the areas in which you disagree and provide an explanation for your disagreement. The rebuttal statement and any additional information to support your Complaint must be submitted within the next thirty (30) days. If you would prefer to provide your rebuttal during a face-to-face meeting with the investigator, you may choose that option. Again, that must be done within thirty (30) days. If additional time is needed, please contact the Commission to request an extension. If you choose not to respond, the Commission will assume you do not dispute the facts presented by Respondent in its response. If you have questions about this matter please feel free to contact the City Clerk’s Office. I look forward to your response. Sincerely, Enclosure 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 15-125,Version:1 Action on Resolution 15-125, a Resolution setting forth a Policy to guide Capital Improvements. Summary: This policy identifies several major areas of capital improvements for future investment. Some areas are specifically identified while others are broad categories where flexibility is necessary to be retained to be able to respond to future needs as they change over time. Several of these investment areas extend beyond our traditional five-year capital planning process and as such, need a longer window. This resolution seeks to bifurcate our traditional five-year Capital Improvement Plan (CIP) into two documents. The first document would be to retain the traditional five-year CIP but limit its scope to primarily vehicles and equipment, maintenance and minor improvements to existing capital items, and possibly storm drainage from multiple funds. The second document provides for an additional capital planning tool, the Community Reinvestment Plan (CRP), with a ten-year window that identifies chiefly new capitalized items that are much more ambitious than envisioned in the CIP, and need a longer planning window than five years. New buildings, facilities, structures, and infrastructure would be in this document. They would be financed chiefly, but perhaps not exclusively, by Fund 213 (Public Improvement Fund). Both documents would be updated annually in conjunction with the budget process and proceed with a five-year rolling calendar for the CIP and a ten-year rolling calendar for the CRP. The first five years of the CRP would overlay the CIP. Fiscal Impact: This policy should aid in the long-range planning of capital investments and prescribes a more strategic approach which should be more financially effective and efficient. By properly scheduling certain expenditures associated with specific projects in specific years, we can be more efficient with investments for cash and anticipated debt. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 12/3/2015Page 1 of 1 powered by Legistar™ Resolution 15-125 A Resolution Prescribing a Long-Range Capital Investment Plan and Planning Process to Better Meet the Future Capital Needs of the Community Whereas, the City Council is committed to effective and efficient long-range planning as a tool for the implementation of the community’s vision for growth, sustainability, and entrepreneurship; and Whereas, the City Council has identified an extensive list of potential capital expenditures and projects designed to achieve the community’s vision; and Whereas, the City has a past practice of annually adopting a five-year rolling Capital Improvement Plan (CIP) designed to identify, prioritize, and finance capital expenditures from various funds; and Whereas, it has become evident the extensive list of potential capital expenditures and projects requires more extensive financial planning than the previous CIP development practices; and Whereas, the City has enforced the collection of Second Penny Sales and Use Tax Revenues in the City which are dedicated to capitalized investment with 75 percent of said revenue stream dedicated to non- public safety capital improvements which has proven to be an effective means of financing capital improvements necessary for community improvements (Public Improvement Fund). Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that; (1) The Capital Improvement Plan (CIP) be continued using a five-year rolling schedule to identify capital expenditures; but limit the contents of the CIP for the repair, replacement, acquisition of vehicles and equipment, existing buildings and structures, and routine preventative maintenance to infrastructure. Be It Further Resolved that: (2) The City adopt a Community Reinvestment Plan (CRP) using a ten-year rolling schedule to identify capital expenditures that constitute a strategic effort to guide proper investments utilizing the Public Improvement Fund. The CRP shall include new or major expansions to existing facilities including but not limited to buildings and grounds for future public facilities, property for future development use, right-of-way, public open space or parkland; and new infrastructure projects such as roads, streets, bridges, utilities, or parking lots. Be It Further Resolved that: (3) The CIP and CRP shall be updated annually as part of the budget approval process and is intended to be a strategic investment guide for future City Council decisions. As such, both planning documents shall remain flexible to changing conditions, circumstances, and community expectations. Be It Further Resolved that: (4) The 2017-2026 CRP shall plan for the asset allocation from the Public Improvement Fund of investment in the following general areas: a. $6 million for the SDSU Performing Arts Center from 2017-2027. b. $5.6 million for the Brookings Recreation Community Center for 2017- 2021. Other funding from for this facility will be from a voter-approved referendum not to exceed $15 million and additional funding from donations and sponsorships. c. $11 million from 2017-2026 for major street repair and overlayments. d. $11 million from 2017-2026 for new street construction (West 20th Street South, Western Avenue), 6th Street Gateway Enhancements, airport crosswind runway/taxiway improvements, and East 20th Street South overpass/interchange. e. $5 million for Swiftel Center between 2017-2026 for general building upgrades and improvements to conference/meeting space. f. $5 million for upgrades, enhancements to park facilities from 2021- 2026 including ball field complexes, trail extensions, and new parks. Adopted and Approved this 8th day of December, 2015 by the City Council of the City of Brookings, South Dakota. CITY OF BROOKINGS ____________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0869,Version:1 Preliminary discussion on City Council vacancy process. Enclosed is the City Council Policy regarding filling a vacancy on the council. Council will have a preliminary discussion regarding the process. No action will be taken at this time. City Council Policy: City Council Vacancy Adopted: September 23, 2003 Amended: October 12, 2010 Whereas, it shall be the policy of the City of Brookings that a procedure be developed to follow in the event a vacancy occurs on the City Council; and Whereas, the Objective of this policy is to have an established procedure in the event of a City Council vacancy; and Now, Therefore, the City of Brookings hereby resolves that the following procedure be followed in the event a vacancy occurs on the City Council: 1)Positions. The elected City officers of the City of Brookings are the Mayor and six (6) City Council members. 2)City Charter Reference - Filling of Vacancy. Any vacancy occurring in the office of Mayor or City Council must be filled pursuant to City Charter, Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies: (d)Filling of Vacancies.Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. 3)City Council Decision. The City Council has the option to fill a vacancy or leave it open if the membership is maintained at not less than six (6) members. The Council must determine whether or not to fill the vacancy. City of Brookings Printed on 12/7/2015Page 1 of 3 powered by Legistar™ File #:ID 2015-0869,Version:1 4)Schedule. The City Council must establish a schedule for the following steps in the appointment process: §Date to issue press release §Deadline to submit applications §Date for applicants to meet with the City Council §Date to appoint the new Council member §Date for the swearing in ceremony 5)Public Announcement. Immediately after the Council decision to fill the vacancy, the City Manager shall issue an announcement that a vacancy has occurred and invite legally qualified persons to apply for the vacancy. See example press release: Applications for City Council Member The Brookings City Council is now accepting applications from Brookings residents interested in the vacant City Council member position effective until _______.Applicants are to submit an application and any other pertinent information to the City Manager not later than ______at 5:00 p.m.The City Council will take action to approve this appointment to the Council on or before ________. Applications for Appointment are available at City Hall, 311 Third Avenue, or by calling (605) 692-6281.Applications must be submitted to the City Manager not later than ______ by 5:00 p.m. "The City of Brookings is responsive to requests for communication aids and the need to provide appropriate access,and will provide alternative formats and accessible locations consistent with the Americans with Disabilities Act." 6)Application Packet. Applicants will be provided with an application form, Code of Ethics, Governance and Ends Policy, current budget, Conflict of Interest Ordinance, and proposed appointment schedule. Applicants will be asked to submit a completed application, signed Code of Ethics, resume, and any other information to the City Manager. 7)Council Notification: A.The City Manager will provide qualified applicants list and copies of applications to the Mayor and City Council. B.The names of applicants will not be released to the public prior to the application deadline. C.After the application deadline, the public will be provided with the list of applicant names upon request; however, the applications will not be released. 8)City Council Applicant Review & Nominations: A.Presentations. Applicants will be invited to appear before the City Council at a planning or action meeting to provide comments and respond to questions. 1.Each applicant will be limited to 5 minutes. 2.All Council members will have an opportunity to ask questions. B.Council Review. The City Council may discuss, at an open meeting, the qualifications of the candidate or candidates. City of Brookings Printed on 12/7/2015Page 2 of 3 powered by Legistar™ File #:ID 2015-0869,Version:1 C.Executive Session. The City Council may enter into Executive Session for the sole purpose of discussing the qualifications of the applicants. The purpose of the executive session would be for each Council member to share their views about the qualifications and that the issue be thoroughly discussed. If it appears that a majority of Council members do not believe a certain candidate is most qualified, further discussion about the qualifications can occur. The executive session minimizes misunderstandings about the opinions of each Council member concerning the qualifications of the candidates, and avoids the use of a secret ballot, which is not specifically authorized in the law. In addition to the City Council members, the City Manager, City Attorney, and City Clerk would also be present during the executive session. D.Council Comments. City Council members will be given an opportunity to make public comments. E.Public Comment. Public comment from interested parties will be heard before a motion to nominate a legally qualified person to fill the vacancy, but after the comments of the City Council. F.Nomination(s). At the conclusion of public comment, a motion by any member of the City Council to nominate a candidate may be made to fill the vacancy. The nomination requires a second in order to be voted upon. The motion must specify the name of the applicant and the effective date of the appointment. The first nominated and seconded legally qualified person receiving a majority of votes from those voting will be elected to fill the vacancy. If the motion fails, the floor would be open for another motion. The use of a secret ballot will not be allowed. G.Term. Appointed Council Members are appointed to fill a vacated position for a period not more than one (1) year. Per City Charter Section 2.06 (d), “….then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election…” 9)Swearing In Ceremony. The newly appointed City Council member will sign an Oath of Office and be presented with an Appointment Certificate by the Mayor at the next regularly scheduled City Council meeting. Attachments: City Council Policy: City Council Vacancy City of Brookings Printed on 12/7/2015Page 3 of 3 powered by Legistar™ Memorandum To: Jeff Weldon, City Manager and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: December 8, 2015 Re: Vacancy of the office of Council Member Procedure Section 2.06 (d) of the Charter provides the procedure for filling a vacancy, and the date the office becomes vacant will determine whether the temporary appointment will be for the period from vacancy to the first election following the vacancy or until the second election following the vacancy. If the office is vacated less than 60 days before the next regular election, then the term of the mandatory temporary appointment shall run through the next regular election until the following election. If the office is vacated more than 60 days before the next regular election, then the term of the mandatory temporary appointment shall run until the next regular election is concluded and the successful candidate takes office. Any election to fill a vacant position would be for the remaining unexpired portion of the term of the vacant office. Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 _____________________________________________________________