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Home My WebLink About2024_07_09 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "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, July 9, 2024 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may make a brief announcement or invitation, or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Individuals will state their name and city of residence for the record. Public Comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. 5. 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. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Action to approve City Council meeting minutes.ID 24-03345.A. Page 1 City of Brookings July 9, 2024City Council Meeting Agenda - Final 6/25/2024 MinutesAttachments: Action on Temporary Alcohol / Special Event Licenses for existing alcohol license holders with events held on publicly owned property. ID 24-03315.B. Memo SDCL 35-4-124 Attachments: Action on Resolution 24-066, a Resolution awarding the Brookings City & County Government Center Custodial Services Contract. RES 24-0665.C. Memo Resolution Bid Tab Attachments: Action on Resolution 24-064, a Resolution declaring surplus property for the City of Brookings. RES 24-0645.D. ResolutionAttachments: 6. Presentations/Reports: Reports: City Council Ex-Officio ReportsID 24-03356.A. 7. Contracts/Change Orders: Action on Resolution 24-075, a Resolution awarding bid on Airport Parallel Taxiway Construction Project, AIP #3-46-0005-039-2024, contingent on FAA funding. RES 24-0757.A. Memo Resolution Letter of Recommendation Attachments: Action: Motion, Request Public Comment, Roll Call 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Introduction and First Reading on Ordinance 24-010, an Ordinance granting a Franchise to Interstate Telecommunications Cooperative, Inc., to construct, operate, and maintain a Cable Television System in the City of Brookings, South Dakota, setting forth conditions accompanying the grant of the Franchise; providing for regulation and use of the system; and prescribing penalties for the violation of its provisions. Second Reading and Action: July 23, 2024. ORD 24-0108.A. Memo Ordinance Attachments: Page 2 City of Brookings July 9, 2024City Council Meeting Agenda - Final Introduction and First Reading on Ordinance 24-021, and an Ordinance Authorizing Budget Amendment No. 7 to the 2024 Budget. Second Reading and Action: June 23, 2024. ORD 24-0218.B. Memo Ordinance Attachments: 9. Public Hearings and Second Readings: Second Reading and Action on Ordinance 24-015, an Ordinance Authorizing Budget Amendment No. 6 to the 2024 Budget. ORD 24-0159.A. Memo Ordinance Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 6/25/24 City Council read into the record Public Hearing and Action on Ordinance 24-009, an Ordinance to Rezone 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B-2A Office District. ORD 24-0099.B. Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Zoning Exhibit Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 6/25/24 City Council read into the record Public Hearing and Action on a Temporary Alcohol Application from the Brookings Area Chamber, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on August 1, 8, 15, 22 and 29, 2024. ID 24-03289.C. Memo Legal Notice Location Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Page 3 City of Brookings July 9, 2024City Council Meeting Agenda - Final 10. Other Business: 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 12. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Andrew Rasmussen Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. 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 24-0334,Version:1 Action to approve City Council meeting minutes. Attachments: 06/25/2024 City Council Minutes City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL JUNE 25, 2024 (unapproved) The Brookings City Council held a meeting on Tuesday, June 25, 2024 at 5:30 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Brianna Doran, Andrew Rasmussen, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. Study Session: Downtown Safety. Samantha Beckman, Assistant to the City Manager, Michael Drake, Police Chief, and Kirsten Gjesdal, Downtown Brookings Director, provided an overview of safety efforts and collaboration in downtown. Regular Meeting Open Forum. Al Austreim requested clarification on Code violations, specifically pertaining to grass and weeds taller than 12 inches. He also expressed concerns with the number of clicks it takes to locate the City Council Agenda on the City's Website. Lawrence Novotny expressed concerns with the City Council Agenda being hard to find on the City's Website. Mayor Niemeyer read a statement about recent events: Juneteenth and PRIDE Month. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 – Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. A. Action to approve the June 11, 2024 City Council Minutes. B. Action on Resolution 24-062, a Resolution declaring surplus property for the City of Brookings. RESOLUTION 24-062 – DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Dept.: Bicycles: #3080 White and Blue, Serial #PL1205028269; #3025 Pink Shimano Equippe, Serial #SNHTM21D531; #3106 Blue and White Kent Flexor, Serial #618100649; #3027 Red and Black Huffy Rock Creek, Serial #SNHTM23D61376; #3089 Black and Silver Roadmaster Granite Peak, Serial #SNFSD16CA3022; #3108 Black and Red Hyper, Serial #FGDM5J1816; #3068 Blue and Black Cannondale, Serial #HU2016; Gray and Pink Roadmaster Mt. Fury, Serial #FSD5L49042; #3057 Black and Gray Hyper Havoc, Serial #TT17D13060; #3042 Yellow and Red Huffy Frontier, Serial #80629HUFFY; #3019 Maroon and Silver Next All Terrain; #3100 Gray and Black Roadmaster Granite Peak; #3104 Black and White Ken Ambush, Serial #HS1600320933; #3028 Red and Black Trek Marlin5, Serial #TBI-2712; #3206 Maroon Huffy Rock Creek, Serial #AL13D04685; #3072 Black Bike; #3051 Green and White Roadmaster Chromium edition, Serial #RAA290933; #3070 Purple and Black Huffy Rockcreek, Serial #SNHTM0M02490; #3056 Blue and Pink Bike, Serial #81HIL21023557; #3073 Silver Roadmaster Mt. Fury, Serial #shfsd099f99936; #3096 Black and Red Genesis V2100; #3011 Blue and Silver Next Avalon, Serial #L050735640; #3083 Silver and Pink Schwinn Aluminum comp; #3015 Black and Blue Quest Escape; #3061 Black Mongoose BMX, Serial #SNFSD20MC5866; #3012 Red and Silver Roadmaster Mountain Storm, Serial #HH0820375; #3043 Green Schwinn Thrasher; #3066 Green and Black Chaos Raceteam, Serial #DWIC007572; #3110 Black and Blue Roadmaster Granite Peak; #3055 Black and Yellow Mongoose Excursion, Serial #SNFSD21MP042; #3935 Blue and Black Huffy Rock It, Serial #AH19M117780; #3097 Gray and Black Murray Ultra Terrain; #3095 Blue and Orange Roadmaster Granite Peak; #3113 Purple and Black Genesis Inspire; #3006 Green and Silver Columbia Tourist; #3087 Pink and Silver Schwinn High Timber, Serial #11007854; #3045 Purple and White Schwinn Riverside, Serial #SNFSD08H06499; #3103 Black and Orange Mongoose Terrex, Serial #5NXDS15E; #3058 Blue and Green Murray Flexor; #3086 Black and Blue Shimano Shocker20, Serial #TC21L230353; #3049 Red and Black Next Gauntlet; #3090 Silver and Green Diamond back Venom, Serial #ACS9I02076; #3029 Green and Black Huffy Stone Mountain; #3099 Tan/Beige and White Schwinn Skyliner, Serial #8027; #3074 Black and White Huffy Rockcreek, Serial #AF14F004583; #3044 Silver and Black Trek 4 Series, Serial #WTU355C0686C; #3038 Purple and Black Huffy Rockcreek, Serial #8NHTM21L42118; #3077 Blue and Black Roadmaster Mountain Sports SX, Serial #HH0651914; #3105 Tan/Beige and Brown Thruster Rampage, Serial #88033658997; #3081 Blue and White Mongoose Repeat, Serial #FSD12B9804; #3033 Green and Black Fade, Serial #61311211509; #3067 Silver and Black Kent SEACHANGE, Serial #G512622; #3091 Blue and Black Mongoose Craze; #3092 Purple and Black Genesis Inspire, Serial #DJMA056589; #3005 Red and Black Huffy Santa Fe, Serial #93200Huffy 26630; #3041 Red and Black Schwinn Solution, Serial #HM03247781; #3054 Purple Shimano ROADMASTER; #3037 Gray and Black Roadmaster GRANITE PENH. WHEREAS, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus property. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13 C. Action on Temporary Alcohol / Special Event Licenses for existing alcohol license holders with events held on publicly owned property: Sodexo Catering (License Holder RB-28249 and RW -28251): SDSU TL24-040; SDSU TL24-044; SDSU TL24-045; SDSU TL24-046; SDSU TL24-047; SDSU TL24-048; and SDSU TL24-049. D. Action on appointments to the Human Rights Commission: appoint Denia Warne (term expires 1/1/2026); appoint Rhiannon Nedlund (term expires 1/1/2026); and appoint Ari Limoges, College Student Representative (term expires 5/1/2025). Proclamation. Mayor Niemeyer presented a Proclamation to Kristin Zimmerman, Director of Parks, Recreation and Forestry, recognizing July as Parks and Recreation Month. MAYORAL PROCLAMATION WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS, parks and recreation promotes time spent in nature, which impacts mental health by increasing cognitive performance, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and WHEREAS, parks and recreation encourages physical activities by providing space for activities designed to promote active lifestyles; and WHEREAS, parks and recreation increases economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, Brookings recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim July as PARKS AND RECREATION MONTH Resolution 24-065. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 24-065, a Resolution Authorizing Change Order #01 for the Pioneer Park Bandshell Restoration, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. RESOLUTION 24-065 - RESOLUTION AUTHORIZING CHANGE ORDER #01 FOR THE PIONEER PARK BANDSHELL RESTORATION WHEREAS, the City of Brookings is requesting changes to the Pioneer Park Bandshell Restoration, to retain the historic buildings original architectural design. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes the approval of Change Order #01 for the Pioneer Park Bandshell Restoration. FIRST READING – Ordinance 24-015. Introduction and First Reading was held on Ordinance 24-015, an Ordinance Authorizing Budget Amendment No. 6 to the 2024 Budget. Second Reading and Action: July 9, 2024. FIRST READING – Ordinance 24-009. Introduction and First Reading was held on Ordinance 24-009, an Ordinance to Rezone 2311 Yorkshire Drive from a Residence R- 3 Apartment District to a Business B-2A Office District. Public Hearing and Action: July 9, 2024. Resolution 24-061. A public hearing was held on Resolution 24 -061, a Resolution of Intent to Lease Real Property at Brookings Regional Airport to Altitude Investments, LLC. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 24-061 be approved. Public Comment: Jeff Borah. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell RESOLUTION 24-061 - A RESOLUTION OF INTENT TO LEASE REAL PROPERTY AT BROOKINGS AIRPORT TO ALTITUDE INVESTMENTS, LLC WHEREAS, the governing body of the City of Brookings, South Dakota, intends to enter into a Lease with Altitude Investments LLC, for 21,693 square feet on Site 167 at the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota; and WHEREAS, the lease will be for a period of 25-years, commencing on June 25, 2024 and ending December 31, 2048; and WHEREAS, the lease will be payable annually by the last day of January of each year and subject to annual increases of two percent (2%) per year and subject to review by City Council; and WHEREAS, the 2024 lease amount will be $2,032.60, due to proration of the lease to June 25, 2024; and WHEREAS, Altitude Investments, LLC intends to assign to its Lender, for financing purposes, its rights but not any of its duties and obligations, under said Lease Agreement, and this Assignment is acceptable, based on the City’s review of that Assignment; and WHEREAS, a Public Hearing on this Resolution was held on June 25, 2024 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings enter into a Lease Agreement with Altitude Investments LLC as set forth above; and B. That the City Manager is authorized to execute the Lease Agreement and Financing Acknowledgement in accordance with this Resolution. Commercial Corridor Design Review Overlay District Site Plan. A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan for 534 22nd Avenue. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that the Commercial Corridor Design Review Overlay District Site Plan be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. Resolution 24-068. A public hearing was held on Resolution 24 -068, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. A motion was made by Council Member Rasmussen, seconded by Council Member Doran, that Resolution 24 - 068 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. RESOLUTION 24-068 - A RESOLUTION TO AMEND THE BROOKINGS, SOUTH DAKOTA COMPREHENSIVE PLAN 2040 WHEREAS, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land Use Map, projects population figures for the planning period, and describes an integrated land use vision for the City; and WHEREAS, a portion of the property legally described as Outlots C - J of the NW ¼ of the SE ¼ of Section 11, Township 109, Range 50 and Blocks 1 & 2 of Voss -Kneip First Addition will be amended on the Future Land Use Map from Urban Low Intensity to Urban Medium Intensity; and WHEREAS, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040; and WHEREAS, the City Planning Commission of the City of Brookings, SD has recommended approval of the amendments to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17. NOW, THEREFORE, BE IT RESOLVED that said amendment to the Future Land Use Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings. Resolution 24-073. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 24-073, a Resolution Amending the Distribution of American Rescue Plan Act Funds, be approved. Public Comment: Tim Reed, Brookings Economic Development Corporation. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. RESOLUTION 24-073 - A RESOLUTION AMENDING THE DISTRIBUTION OF AMERICAN RESCUE PLAN ACT FUNDS BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: WHEREAS, in response to the impacts of COVID, the federal government passed the American Rescue Plan Act that allocated funds to local governments to address community needs; and WHEREAS, the City of Brookings previously proposed the use of $580,000 of ARPA funds for a Brookings Economic Development Corporation Plan for a Child Care Facility and Coordinator; however, as a result of extensive analysis of the Brookings area child care shortage; and in collaboration with the Brookings Child Care Collaborative, a new child care project has been developed; and WHEREAS, the Brookings Child Care Collaborative has identified funds consisting of 86% of the total project costs which would support 360 new 0 to 5 year-old child care slots; and WHEREAS, the City of Brookings recognizes that the Brookings Child Care Collaborative, with the use of the funds from this Amended ARPA Fund Resolution will facilitate the startup, remodeling and equipment for the 0 to 3 year-old facility serving 130 children, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings will distribute $580,000 in APRA Funds previously distributable entirely to the Brookings Economic Development Corporation for child care purposes to be used in accordance with the City’s Americans with Disabilities Act and Green Building Practices policies as follows: Brookings Economic Development Corporation $16,173.89 (for its Childcare Feasibility Study) Boys & Girls Club of Brookings, SD, Inc. for the Brookings Child Care Collaborative (BCCC) $563,826.11 Total $580,000.00 B. That the City Manager is authorized to execute the required agreements and details to satisfy the direction of this Resolution. Resolution 24-069. A motion was made by Council Member Specker, seconded by Council Member Doran, that Resolution 24-069, a Resolution Dissolving Tax Increment District #1, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. RESOLUTION 24-069 - RESOLUTION DISSOLVING TAX INCREMENT DISTRICT NUMBER ONE OF THE CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, the City of Brookings created Tax Increment District Number One on May 8, 2007; and WHEREAS, under SDCL §11-9-46 a Tax Incremental District shall terminate when either (1) the positive tax increments are no longer allocable to a district under § 11 -9- 25 or (2) the governing body, by resolution, dissolves the district, after payment or provision for payment of all project costs and all tax incremental bonds and notes of the district; and WHEREAS, all project costs incurred or obligations issued pledging tax increment revenues have been satisfied. NOW THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota as follows: Section 1. Termination. Tax Increment District Number One shall be terminated as of the date of this resolution. Section 2. Allocation of Tax Increment Fund. Any moneys remaining in the Tax Increment Number One fund, shall be paid to the treasurer of the county, school district, or other tax-levying municipality or to the general fund of the municipality in such amounts as belong to each respectively, having due regard for what portion of such moneys, if any, represents tax increments not allocated to the municipality and what portion thereof, if any, represents voluntary deposits of the municipality into the fund. Section 3. Authorization of Officers. The officers of the city shall take such action as is necessary to carry out the intent of this resolution. Resolution 24-060. A motion was made by Council Member Doran, seconded by Council Member Tilton Byrne, that Resolution 24-060, a Resolution Appointing Members of a City Charter Review Commission to review the Brookings City Charter, be approved. Public Comment: Al Austreim, Derek Okubo, National Civic League. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. RESOLUTION 24-060 - A RESOLUTION ESTABLISHING A CHARTER COMMISSION PURSUANT TO SECTION 8.01 (c) OF THE BROOKINGS CITY CHARTER. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: WHEREAS, the Brookings City Charter Commission (hereafter also referred to as the "Commission") is hereby created for the purposes of reviewing the Brookings City Charter and proposing amendments to the Brookings City Charter by a Report to the City Council; and WHEREAS, the Commission may receive input from any person including the City Council and representatives of the National Civic League, but shall work independently of the City Council and its members, and accordingly, its report to the City Council shall solely represent the product of its study and work. The Report of the Commission shall include any proposed amendments to the City Charter, which shall be in a form sufficient to submit to the voters of the City pursuant to Section 8.02 of the Brookings City Charter; and WHEREAS, the Brookings City Charter Commission shall consist of eleven (11) members. Members shall be resident voters of the City, appointed by the Mayor, subject to the approval of the City Council; and WHEREAS, the members of the Brookings City Charter Commission shall serve without compensation for a term to conclude following the submission of a Report to the City Council as provided in Section 8.01 (c) of the Brookings City Charter. Vacancies on the Commission shall be appointed by the Mayor and appro ved by the City Council; and WHEREAS, a quorum shall consist of Six (6) members. The Commission shall convene and shall organize by electing a chairperson from among its members for a term to terminate upon completion of the election, if necessary, and any further work as directed by the City Council. The City Manager shall serve as staff liaison, but shall not be a member of the Commission. The Commission shall adopt, amend, or rescind such rules as shall be necessary for the conduct of its meetings; and WHEREAS, the City Attorney shall render such legal assistance and counsel to the Commission as may from time to time be required; and WHEREAS, the City Clerk shall provide necessary records to the Commission as may be required; and WHEREAS, the Commission shall submit funding requests for items or services the Commission requires in performing its work. Funding requests shall be reviewed and approved by the City Manager; and WHEREAS, the Commission shall hold at least One (1) regular meeting each month and shall submit a monthly report to the City Council of its proceedings and the progress of its work; and WHEREAS, the Mayor, subject to approval of the City Council and following public hearing, shall have the authority to remove any member of the Commission for cause. Cause for removal shall be stated in writing and made a part of the record of such hearing; and WHEREAS, the Commission, in the initial period following adoption of this ordinance, shall complete and submit its Report to the City Council by January 31, 2025. Following the election, the Commission shall terminate its activities unless the City Council determines the Commission should continue its work. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The Brookings City Charter Commission is hereby created, to perform its work consistent with the Recitals set forth herein; and B. The City Manager is authorized to facilitate the work of the Commission and establish a schedule for work sessions and assist the Commission in the performance of its tasks. C. The members who are to serve on the City Charter Commission are as follows: Jeanne Manzer, Dianne Nagy, Dr. Lisa Hager, Gail Robertson, Tom Yseth, Roger Solum, Keith Corbett, David Gilbertson, Ashley Ragsdale, Van Fishback, Lynn Darnall, and Bob Burns. Resolution 24-063. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 24-063, a Resolution transferring Capital Improvement Project (CIP) Sinking Fund funds to the Brookings Public Safety Center Budget, be approved. Public Comment: Al Austreim. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell. RESOLUTION 24-063 - RESOLUTION TRANSFERRING CAPITAL IMPROVEMENT PROJECT (CIP) SINKING FUND FUNDS TO THE BROOKINGS PUBLIC SAFETY CENTER BUDGET WHEREAS, the City of Brooking’s Financial Sustainability Policy establishes the authority for the City to maintain a Sinking Fund for unexpected Vehicle, Equipment, Information Technology, and Building Maintenance/Replacement capital expenses; and WHEREAS, the City of Brookings hereby transfers Sinking Fund contingency funds to fund critical unexpected capital projects of the municipality. This resolution is for the purpose of completing a transfer of capital Sinking Fund funds to the following accounts: 531 Public Safety Center 531-000-5-422-03 Consulting & Engineering $ 45,000.00 Total Transfers $ 45,000.00 The Financing Source for this transfer is from the following account: 213-000-5-911-00 Buildings Sinking Fund $ 45,000.00 Total Source of Funding $ 45,000.00 WHEREAS, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety, and support of the City, and shall become effective upon publication. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City’s activities and projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that this meeting be adjourned at 6:56 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, 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 24-0331,Version:1 Action on Temporary Alcohol / Special Event Licenses for existing alcohol license holders with events held on publicly owned property. Summary: Approval of Temporary Alcohol License requests for existing alcohol license holders for events held at publicly owned facilities. Recommendation: Staff recommends approval. Attachments: Memo SDCL 35-4-124 City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: July 9, 2024 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary: Approval of Special Event / Temporary Alcoholic Beverage License requests for existing alcoholic beverage license holders for an event held at a publicly owned facility. Staff recommends approval. Background: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. Public Hearings are not required for the issuance of such license if the person applying for the license holds an on-sale alcoholic beverage license or operating agreement, and the license is to be used in a publicly-owned facility. Item Details: Staff requests approval for the following special event / temporary alcoholic beverage licenses from Sodexo Catering (License Holder RB-28249 and RW -28251) for private events to be held on publicly-owned property:  DJD Stadium, Coughlin Alumni Lounge: SDSU TL24-050  DJD Stadium, concourse: SDSU TL24-051, SDSU TL24-052, SDSU TL24-053, SDSU TL24-054, SDSU TL24-055, SDSU TL24-056 Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in length. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: State Law 35-4-124 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; (3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4) or (6) in addition to any other licenses held by the special events license applicant; (4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; (5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; (6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or (7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1. 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 24-066,Version:1 Action on Resolution 24-066, a Resolution awarding the Brookings City & County Government Center Custodial Services Contract. Summary: Staff recommends approval of this Resolution awarding the Brookings City-County Government Center Custodial Services Contract to Service Master for the bid price of $4,550 per month. Recommendation: Staff recommends approval. Attachments: Memo 2024 Custodial Bid Tab Short Resolution City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Jared Thomas, Chief Building Official Council Meeting: July 9, 2024 Subject: Resolution 24-066: Brookings City-County Government Center Custodial Services Contract. Presenter: Jared Thomas, Chief Building Official Summary: Staff recommends approval of this Resolution awarding the Brookings City-County Government Center Custodial Services Contract to Service Master for the bid price of $4,550 per month. Background: The current custodial services contract is set to expire on July 31, 2024. This resolution would authorize a 2-year contract, with a clause to contract up to 2 additional one-year extensions, if agreeable to both parties. Item Details: The City of Brookings let bids on June 25, 2024 at 1:30 pm at the City / County Government Center with the following bids received. Automated Maintenance Systems, Inc $6,495/month Intek Cleaning and Restoration $8,929.48/month Service Master $4,550/month Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility – Outsourcing custodial services removes the burdens associated with in-house services and provides a clear cost for budgeting. Financial Consideration: This is a budgeted project and the bid price is within budget. Options and Recommendations: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Resolution Bid Tab RESOLUTION 24-066 RESOLUTION AWARDING BIDS ON CUSTODIAL SERVICES FOR THE CITY & COUNTY GOVERNMENT CENTER WHEREAS, the City of Brookings opened bids for Custodial Services for the City & County Government Center on Tuesday, June 25, 2024 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings has received the following bids for the Custodial Services: Automated Maintenance Systems, Inc. - $6,495/month, Intek Cleaning and Restoration - $8,929.48/month; and Service Master Building and Commercial Maintenance - $4,550/month; and NOW, THEREFORE BE IT RESOLVED that the contract be awarded to Service Master Building and Commercial Maintenance for the bid price of $4,550 per month. Passed and Approved this 9th day of July, 2024. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Brookings City & County Government Center Custodial ServicesBID TAB BID OPENING: 06/25/2024, 1:30 PM, CITY & COUNTY GOVERNMENT CENTERAutomated Maintenance JJM Enterprises of Sioux Falls, Inc. Intek Cleaning and RestorationSystems Inc. d.b.a ServiceMaster Building & Commercial Maintenance3615 Seger Dr. PO Box 855 501 N. Harlem Rapid City, SD, 57701Sioux Falls, SD, 57101Sioux Falls, SD, 57101Required bid submittals: Affidavit of No-Collusion Yes Yes YesInsurance Certificate ProvidedYesYesYesBID AMOUNT $6,495/month $4,550/month $8,929.48/month NOTES 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 24-064,Version:1 Action on Resolution 24-064, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the described equipment stated within the attached Resolution. This property is being declared surplus property according to SDCL Chapter 6-13. Council action is required to declare these items surplus. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ RESOLUTION 24-064 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Dept.: 2021 Dodge Durango, VIN#: 1C4SDJFT6MC64957; and 2021 Dodge Charter, VIN #: 2C3CDXKG4MH549310. WHEREAS, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus property. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and Approved this 9th day of July, 2024. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, 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 24-0335,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Andrew Rasmussen Brookings Health Systems Board of Trustees: 1.Council Member Bonny Specker 2.Council Member Brianna Doran City of Brookings Printed on 7/3/2024Page 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 24-075,Version:1 Action on Resolution 24-075, a Resolution awarding bid on Airport Parallel Taxiway Construction Project, AIP #3-46-0005-039-2024, contingent on FAA funding. Summary: The proposed resolution will award the Airport Parallel Taxiway Construction Project (Project) to Bowes Construction Inc, Brookings, SD, for the low bid of $884,234.25, contingent on receipt of FAA grant funding. The bid is 47% lower than the Engineer’s Estimate of $1,683,539.25. The project is scheduled to begin Fall of 2024 and has an anticipated final completion date of September 2025. The proposed resolution authorizes the City Manager to execute all grant documents and associated contracts necessary to complete the Project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Letter of Recommendation City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: July 9, 2024 Subject: Resolution 24-075: Awarding Bid on Airport Parallel Taxiway Construction Project, AIP #3-46-0005-039-2024 Person(s) Responsible: Charlie Richter, City Engineer Lucas Dahl, Airport Manager Summary: Staff recommends approval of the proposed resolution awarding the Airport Parallel Taxiway Construction Project AIP #3-46-0005-039-2024 (Project) to Bowes Construction, Inc. for the low bid price of $884,234.25, contingent upon receipt of an FAA grant funds. This resolution authorizes the City Manager to execute all grant documents and associated contracts to complete the Project. Background: Taxiway C is currently a small taxiway on the north end of Runway 17/35. The Project will include the construction of a new partial parallel taxiway, on the south end of Runway 17/35, which will connect to the existing portion of Taxiway C, running parallel to Runway 17/35. Item Details: The City held a bid letting on Tuesday, July 2, 2024, and the City received the following bids:  Bowes Construction, Inc. Brookings, SD $884,234.25  Midland Contracting, Inc. Brookings, SD $1,217,911.10  DeBoer Construction, Inc. Clearlake, SD $1,298,025.80 The bids were competitive for this project. The bid from Bowes Construction, Inc. is approximately 47% lower than the Helms and Associates Engineer’s Estimate of $1,683,539.25. Significant savings in the bid were in the areas of mobilization; construction safety phasing plan; excavation; subbase material; asphalt; and aggregate base course. Legal Consideration: The City Attorney will review all grant documents and associated contracts prior to the City Manager’s approval. Strategic Plan Consideration: Safe, Inclusive, Connected Community – Due to increased traffic at the airport, this will provide improved safety to users of Runway 17/35 as aircraft will not need to back taxi down the active runway. Financial Consideration: If approved, the City will enter into a contract with Bowes Construction Inc for the low bid of $884,234.25. The City anticipates receiving a grant for the Project, which will be funded by 90% federal funds, 5% state funds, and 5% City funds. This project will be reimbursed by federal and state funds in 2024 and 2025. S ufficient appropriations exist in the adopted Fiscal Year 2024 budget in Org.606 – Airport. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Resolution Recommendation Letter RESOLUTION 24-075 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN BID AWARD AND GRANT DOCUMENTS FOR BROOKINGS AIRPORT PARALLEL TAXIWAY CONSTRUCTION PROJECT NO. AIP #3-46-0005-039-2024 WHEREAS, the City of Brookings desires improvements to the Brookings Regional Airport which include the extension of Taxiway C; and WHEREAS, the South Dakota Department of Transportation and FAA have indicated tentative approval of grant funding assistance for the Brookings Regional Airport Project #3-46-0005-039-2024 (Project); and WHEREAS, the FAA grant rules require that the City of Brookings solicit and award a bid, contingent on funding, prior to execution of a grant agreement; and WHEREAS, the City of Brookings opened bids for the Project on Tuesday, July 2, 2024 at 1:30 pm at the Brookings City and County Government Center and received the following bids: Bowes Construction, Inc. - $884,234.25, Midland Contracting, Inc. - $1,217,911.10, DeBoer Construction, Inc. - $1,298,025.80. NOW , THEREFORE, BE IT RESOLVED that the tentative award for AIP Project #3-46- 0005-39-2024, Airport Parallel Taxiway Construction Project, Base Bid is made to Bowes Construction Inc in the amount of $884,234.25, contingent upon receipt of FAA grant funds, and that the Brookings City Manager is authorized to sign all grant documents and associated contracts to complete the Project. Passed and Approved this 9th day of July, 2024. CITY OF BROOKINGS, SD _________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk July 2, 2024 Charlie Richter, P.E. – City Engineer City of Brookings 520 3rd St., Suite 140 Brookings, SD 57006 Re: Parallel Taxiway Construction Brookings Regional Airport Brookings, South Dakota AIP #3-46-0005-039-2024 Helms #A-9064 Dear Mr. Richter, We would like to take this opportunity to make our “Engineer’s Recommendation of Award” for the above referenced project. The description of work is: This project shall include the construction of the Parallel Taxiway C (±1,470' x 35'). This work includes grading, borrow excavation, geotextile separator fabric, subbase course, aggregate base course, underdrain piping, asphalt pavement, pavement marking, topsoiling, seeding, mulching, electrical duct and conductors, medium intensity taxiway lighting, airfield signage, and other items of related construction. We have reviewed the bid proposal documents received and are recommending that the Base Bid be tentatively awarded to the lowest bidder Bowes Construction, Inc., Brookings, SD, in the amount of $884,234.25 as their bid was complete and reasonable. We have also verified that Bowes Construction, Inc. has not been excluded at www.sam.gov. The DBE goal was 2.5% for this project. The intended participation listed in Bowes Construction, Inc.’s bid is 0.0%. A DBE Good Faith Effort was provided and deemed adequate. The motion for award should read “Tentative award for AIP Project #3-46-0005-039-2024 Parallel Taxiway Construction, Base Bid is made to Bowes Construction, Inc., Brookings, SD, in the amount of $884,234.25 contingent upon receipt of an FAA Grant Offer.” Also, to help meet what we expect to be short time lines in the grant process, the City Council should authorize the City Manager to sign the FAA Grant Application, FAA Grant Offer (which will need to be electronically signed), and all necessary paperwork for the Construction Contract Documents. Enclosed is the FAA Grant Application Packet. Please have the City Manager sign and date it where tabbed, and email the application to Jon Becker with the SD-DOT. If you have any questions, comments, or need any further information, please feel free to contact our office at your convenience. Sincerely, Helms and Associates Michael A. Schmit, P.E. W/Enclosures Cc: David Ferrell, FAA – Dakota-Minnesota Airports District Office Jon Becker, SD-DOT – Office of Air, Rail, and Transit 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 24-010,Version:1 Introduction and First Reading on Ordinance 24-010, an Ordinance granting a Franchise to Interstate Telecommunications Cooperative, Inc., to construct, operate, and maintain a Cable Television System in the City of Brookings, South Dakota, setting forth conditions accompanying the grant of the Franchise; providing for regulation and use of the system; and prescribing penalties for the violation of its provisions. Second Reading and Action: July 23, 2024. Summary: Staff recommends approval of a 10-year Cable Television Franchise Ordinance with Interstate Telecommunications Cooperative, Inc. (“ITC”). Attachments: Memo Ordinance City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Steve Britzman, City Attorney Council Meeting: July 9, 2024 Subject: Ordinance 24-010: Cable Television Franchise Renewal- Interstate Telecommunications Cooperative, Inc. (“ITC”) Presenter: Steve Britzman, City Attorney Summary: Staff recommends approval of a 10-year Cable Television Franchise Ordinance with Interstate Telecommunications Cooperative, Inc. (“ITC”). Background: Ordinance No. 28-10, a Ten-year ordinance granting a Franchise to Interstate Telecommunications Cooperative to construct, operate and maintain a Cable Television System has or is expiring, and a renewal of the Cable Television Franchise with ITC is necessary. The proposed term of the proposed ITC Cable Television Ordinance is also 10 years, and provides for a maximum franchise fee of 5%. This Franchise Agreement provides important terms and conditions to protect both the City and Interstate Telecommunications Cooperative in the provision of cable television services within ITC’s service area. Strategic Plan Consideration: Safe, Inclusive & Connected Community - The provision of cable television services provides entertainment, community and public safety information throughout ITC’s service territory. Fiscal Responsibility - The 5% Cable Franchise Fee provides funding for the City’s facilities and infrastructure. Financial Consideration: The proposed Franchise Ordinance provides for a 5% franchise fee, which is the maximum fee permitted by Federal Law. Staff Recommendation: The City Attorney has developed the Franchise Ordinance in conjunction with ITC’s legal counsel, and recommends that the proposed Ordinance be approved. Supporting Documentation: Memo Ordinance 1 ORDINANCE 24-010 AN ORDINANCE GRANTING A FRANCHISE TO INTERSTATE TELECOMMUNICATIONS COOPERATIVE, INC., TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF BROOKINGS, SOUTH DAKOTA, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Brookings ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the development of a Cable Television System, and the continued operation of it. Such a development shall contribute significantly to the communication needs and desires of many. FINDINGS In the review of the application of Interstate Telecommunications Cooperative, Inc. ("Grantee"), and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee's technical ability, financial condition, legal obligations, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, upgrading, and operating the System were considered and found acceptable in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable state and federal laws and regulations. SECTION 1. SHORT TITLE AND DEFINITIONS Short Title. This Franchise Ordinance shall be known and cited as the Interstate Telecommunications Cooperative, Inc. Cable Television Franchise Ordinance or as the Franchise Agreement. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. "Basic Cable Service" means any Cable Service tier that includes the lawful 2 retransmission of local television broadcast signals and any Public, Educational, and Governmental Access programming required by this Ordinance or a Franchise Agreement to be carried on the basic tier. Basic Cable Service as defined herein shall be consistent with 47 U.S.C. § 543(b)(7) (1997), as may from time to time be amended. "Cable Act" means the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V. 1987) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102 -385, and the Telecommunications Act of 1996, Pub. L. No. 104-104 (1996) as may, from time to time, be amended. "Cable Service" or "Service" means: A. The transmission to Subscribers of video programming or Other Programming Service; and B. Subscriber interaction, if any, that is required for the selection or use of such video programming or Other Programming Service; "Cable Television System" or "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service to multi ple Subscribers within the Franchise Area, but such term does not include: A. A facility that serves only to retransmit via broadcast the television signals of one or more television broadcast stations; B. A facility that serves Subscribers without using any pub lic Right-of-Way; C. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as it may be amended, except that such facility shall be considered a Cable System to the extent such facility, whether on a common carrier basis or otherwise, is used in the transmission of video programming directly to Subscribers unless the extent of such use is solely to provide interactive on- demand services; D. An Open Video System that complies with§ 6 53 of the Telecommunications Act; and E. Any facilities of any electric utility used solely for operating its electric utility System. "Capital Costs" means costs associated with assets, including but not limited to equipment and facilities, that will provide Service for more than one year, whether incurred during initial construction or throughout the life of a System. "Channel" means a portion of the frequency spectrum that is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission. "City" means the City of Brookings, South Dakota. The City is sometimes also referred to as "Grantor" in this Franchise Ordinance. 3 "Community Access Corporation" or "CAC" means a non-profit Access Corporation serving the City, its assignees or delegees, whose duties shall include the management, and programming of the PEG Access Channels. "Complaint" means any written, faxed or electronic inquiry, allegation, or assertion made by a Person regarding Service. While "Complaint" does not include oral complaints, Grantee shall use reasonable efforts to log oral complaints it receives and shall not be obligated to provide verbatim reports or transcripts of oral complaints provided the nature of the complaint is adequately provided to the City if requested by City. "Converter" means an electronic device that converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and, through the use of an appropriate Channel selector, permits a Subscriber to view all authorized Subscriber signals delivered at designated converter dial locations. "Council" means the City Council of Brookings, South Dakota. "Drop" means the cable or cables that connect the users of the System to the distribution System. "Educational Access Facilities" means: A. Channel capacity designated for non-commercial educational access programming use; and B. Facilities and equipment for the use of such capacity. "Effective Date" means the date a Franchise becomes effective in accordance with the Franchise and the rules and procedures of the City. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. "Franchise" means the rights and obligations extended by the City to a Person to own, lease, construct, maintain, or operate a Cable System in the Right -of-Way within the Franchise Area for the purpose of providing Cable Services. Any such authorization, in whatever form granted, shall not mean or include: (i) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; (ii) any permit, agreement, or authorization required in connection with operations in the Right -of- Way including, without limitation, permits and agreements for placing devices on or in poles, conduits, or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along the Right-of-Way. "Franchise Agreement" means a Franchise granted pursuant to this Ordinance. "Franchise Area" means the telecommunications territory as currently on file with the 4 South Dakota Public Utilities Commission, and as such territory is modified subsequent to the adoption of this Franchise Agreement. "Franchise Fee" means any tax, fee, or assessment of any kind imposed by the City or other governmental entity on a Grantee or Cable Subscriber, or both, solely because of its status as such. The term "Franchise Fee" does not include: (i) any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment that is unduly discriminatory against cable operators or cable Subscribers); (ii) Capital Costs that are required by a Franchise Agreement to be incurred by a Grantee for PEG Access Facilities; (iii) requirements or charges incidental to the awarding or enforcing of a Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code. "Government Access Facilities" means: A. Channel capacity designated for non-commercial governmental access programming use; and B. Facilities and equipment for the use of such channel capacity. "Grantee" means Interstate Telecommunications Cooperative, Inc., its agents and employees, lawful successors, transferees or assignees. "Grantor" means the City and its successors or delegates. "Gross Revenues" means any revenue derived directly or indirectly by a Grantee from the operation of its Cable System to provide Cable Service, within the Franchise Area, other than Internet Access Service or telecommunications services, each as defined under federal law, or other services for which the Grantee is subject to a separate franchise ordinance. Gross Revenues shall include "pay" cable service fees charged to customers within the Franchise area. The term "Gross Revenues" does not include taxes on Services furnished by Grantee and imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit. (e.g. tax on the Franchise Fee) In addition, the FCC User Fee is not included in Gross Revenue. Fees for Internet Access Service shall not be included in Gross Revenues unless in accordance with applicable law such service may be subject to local franchise fees. It is understood and agreed that the Grantee operates other telecommunications services within the City of Brookings. Gross revenues, as defined in this paragraph, pertain to only revenue derived by the Grantee from the operation of its cable system and not from any other telecommunications service or Internet Access Service Grantee offers in the City of Brookings. Specifically, Gross Revenues include all recurring video revenues including revenue from packaged video offerings both residential and commercial, the video portion of bundled services that include other 5 telecommunication services, Internet Access Service, premium video services, music packages, specialized equipment used in multiple dwelling units, and fees charged to video customers who do not have additional telecommunications services with ITC. “Internet Access Service” unless determined otherwise under applicable law, means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers, unless applicable Federal law determines that proprietary content provided over the Internet is a cable service. See 47 U.S.C. §231(e)(4). "Lockout Device" means a mechanical or electrical accessory to a Subscriber's terminal that inhibits the 3video or audio portions of a certain program or certain Channel(s) provided by way of a Cable System. "Normal Business Hours" means, unless otherwise defined in a Franchise Agreement, those hours during which the Grantee's business is open in Brookings to serve its telecommunications customers. "Normal Operating Conditions" means any and all service and operational situations or conditions that are ordinarily within the control of a Grantee, including but not limited to, special promotions; pay-per-view events; rate increases; regular peak or seasonal demand periods; and maintenance, repair or upgrade of the Cable System, and any associated computer or software systems. Those conditions that are not within the control of a Grantee including but not limited to, natural disasters; civil disturbances; power outages; telephone network outages; and severe or unusual weather conditions. "Other Programming Service" means information that a Grantee makes available to all Subscribers generally. "Person" means any corporation, partnership, proprietorship, individual, organization, governmental entity or any natural person. "Public Access Facilities" means: A. Channel capacity designated for non-commercial public access programming use; and B. Facilities and equipment necessary for the use of such channel capacity. "Resident" means any Person residing in the City. "Service Interruption" means the loss of picture, sound, or data on one or more cable Channels on the System, or the degradation of the picture and/or sound quality on such Channels to the extent that the subscriber is unable to use the signals. "Standard Installation" means any Service installation that can be completed using a 6 Drop of one hundred twenty-five (125) feet or less, unless otherwise agreed to in the Franchise Agreement. "Street" means the surface of, and the space above and below, any public street, road or highway, sidewalk, easement or right-of-way now or hereafter held by City. "Subscriber" means any Person that lawfully elects to subscribe to Cable Service provided by a Grantee by means of, or in connection with, the Cable System. "System" means a Grantee's Cable System operated pursuant to a Franchise Agreement within the Franchise Area. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant. A Cable Television Franchise is hereby granted to Interstate Telecommunications Cooperative, Inc., subject to the terms and conditions of this Franchise Agreement (hereinafter also referred to as the "Agreement"). The Agreement provides Grantee with the authority, right and privilege, to construct, reconstruct, operate and maintain a Cable Television System and to provide cable service and any other cable services permitted by this Franchise or applicable law within the Streets in the City as it is now or may in the future be constituted. This Franchise does not prohibit or grant any franchise rights concerning the provision of Internet Access Services or "telecommunications services" which is defined as: "the offering of telecommunications" for a fee direc tly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used." 2. Effective Date of This Franchise. This Franchise shall be effective on the date that both parties have executed this Franchise Agreement, provided that said date is no later than sixty (60) days after the date that the City Council, by resolution, approves this Franchise Agreement. The Franchise is further contingent upon the filing by Grantee with the City Clerk, of the executed Franchise Agreement and the required insurance certificates, except that if the filing of any such insurance certificate does not occur within sixty (60) days after the effective date of the resolution approving this Franchise Agreement and any extension of time hereunder, the Grantor may declare this Franchise Agreement null and void. 3. Franchise Required. It shall be unlawful for any Person to construct, operate or maintain a Cable Television System in City unless such Person or the Person for whom such action is being taken shall have first obtained and shall currently hold a valid Franchise Agreement. It shall also be unlawful for any Person to provide Cable Service in City unless such Person shall have first obtained and shall currently hold a valid Franchise Agreement. 4. Governing Requirements. Grantee shall comply, with all lawful requirements of this Franchise Agreement and applicable State and Federal law. 7 5. Grant of Nonexclusive Franchise. (a) The Grantee shall have the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over and under any public street, road or highway, sidewalk, easement or right -of-way now laid out or dedicated and all extensions thereof, and additions thereto in City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in City of a Cable Television System as herein defined. (b) This Franchise shall not be construed as any limitation upon the righ t of Grantor, through its proper offices, and in accordance with applicable law, to grant to other qualified Persons or corporations rights, privileges or authority similar to the rights, privileges and authority herein set forth, in the same or other Streets the Grantee is entitled to occupy by this Franchise Agreement, permit or otherwise; provided, however, that such additional grants shall not operate to materially modify, revoke or terminate any rights granted to Grantee herein. 6. Franchise Term. This Franchise shall be in effect for a period of ten (10) years from the effective date, unless renewed, revoked, terminated, shortened or extended as herein provided. 7. Previous Franchises. Intentionally deleted. 8. Rules of Grantee. Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise. 9. Franchise Area. This Franchise is granted for the area defined in Grantee's Geographical Coverage area (defined in Franchise Area and in Section 10. below), as it exists from time to time. 10. Geographical Coverage. (a) Grantee shall design, construct and maintain the Cable Tel evision System to have the capability to pass every dwelling unit within the Grantee's telecommunications territory as currently on file with the South Dakota Public Utilities Commission, and as modified subsequent to the adoption of this Franchise Agreement. (b) After service has been established by activating trunk and/or distribution cables for any part of the City, Grantee shall provide Cable Service to any requesting Subscriber provided the Service Installation can be completed using a Drop of One Hundred Twenty-five Feet (125') or less and provided the requesting Subscriber resides within the City, within thirty (30) days from the date of request, provided that the Grantee is able to secure all rights -of- 8 way necessary to extend service to such Subscriber within such thirty (30) day period on reasonable terms and conditions. 11. Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or to the City Manager of the City of Brookings, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Brookings Attn: City Manager City Hall P.O. Box 270 Brookings, South Dakota 57006 If to Grantee: Interstate Telecommunications Cooperative, Inc. Attn: General Manager 312-4th St. W. Clear Lake, South Dakota 57226 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 12. Public, Educational or Government Access Facilities. (a) Grantee shall make available to each of its subscribers who receive some or all of the Cable Services offered on the System, reception of at least two (2) access channels, which shall be used for noncommercial purposes as follows: (1) Educational access; (2) Government access; The channels designated for access shall be provided by Grantee as a part of the basic cable service. The access channels shall be made available by Grantee for use by the City and its citizens in accordance with the rules and procedures established by the City or any lawfully designated person, group, organization or agency au thorized by the City for that purpose. (b) In addition, Grantee shall dedicate a third additional channel for public, educational or governmental access upon the City's request if any access channel is in continuous use from 8:00 a.m. to 11:00 p.m. for three (3) consecutive months provided, however: (1) The use of repeat programming in excess often percent of the amount of original programming on that channel, as well as text or character-generated programming shall not be considered a continuous use. (2) The access channels shall be considered separately. 9 Continuous use of one channel to capacity as defined in this section is sufficient to initiate a request for an additional channel. (3) In no event shall Grantee be required to provide in excess of four (4) access channels total. (4) To the extent that any access channel is not being used for the provision of non-commercial, public, educational or governmental access purposes, Grantee shall be permitted to use such channel(s) for the provision of other services. Grantee's permitted use of any access channel made pursuant to this section shall cease within ninety (90) days of Grantee's receipt of notice from City that such channel will again be used for public, educational or governmental access. (c) Notwithstanding the above, Grantee may accommodate a request from the City for additional access capacity made pursuant to this Section by combining more than one access use on a channel provided that: (1) It is technically and economically feasible for Grantee to do so; (2) The scheduling needs of all users of the channel can be reasonably accommodated; and (3) The access entity, which requires use of the alternate channel, must be able to access the alternate channel from the site where it normally originates playback of its programs and may n ot be required to transport tapes to a remote site for playback. (d) Origination Points Grantee shall provide free cable transmission facilities at City Hall only in the event City Hall is within the Franchise area of the Grantee, provided the cost of providing such cable transmission facilities does not exceed the sum of Ten Thousand Dollars ($10,000.00), and any costs of providing such cable transmission facilities is divided between the City and any Cable Television Franchise holders based on their respective number of subscribers. Grantee shall also contribute to the cost of modulation equipment to introduce programming onto transmission facilities with other Franchise holders based on Grantees share of the respective subscriber numbers of all Franchise holders. Grantee shall be permitted to pass this cost to Subscribers to the extent permitted by Federal and State law. However, costs of providing said facilities shall not be a credit against payment of the Franchise fee imposed under this Franchise Agreement. (e) Equipment and Facilities for Public, Educational or Government Access Facilities Grantee's Responsibility for Equipment. 10 Grantee is responsible for all headend equipment, including repair and maintenance, essential to playback of programming of signals generated by City or its Access producing designees. City's Responsibility for Access. The City shall be responsible for the operation of Government Access Facilities and equipment. In this regard City may delegate from time to time its responsibilities to others who then shall assume the responsibility of City in accordance with the City's delegation. The City will develop reasonable rules regarding use of Access Facilities and equipment and determine the needs of the City for public, educatio nal and governmental access services. In this regard, the City shall regularly coordinate with Grantee for the purpose of developing and maintaining reasonable Access Facilities. The City, or persons to whom it delegates responsibility for access, shall h ave the responsibility to provide funding for operating expenses associated with public, educational and governmental access. 13. Drops to Public Buildings. Grantee shall provide Standard Installation of one (1) cable Drop, one (1) cable outlet, and monthly Basic Cable Service without charge to the public buildings, including City, County and Public School buildings which are located within Grantee's Franchise Area. Drops and/or outlets in any locations within Grantee's Franchise Area will be provided by Grantee at the cost of Grantee's time and material. Alternatively, at the institution's request, said institution may add outlets at its own expense, as long as such installation meets Grantee's standards and provided that any fees for Cable Services are paid. Nothing herein shall be construed as requiring Grantee to extend the System to serve additional institutions as may be designated by City. 14. Annual Report. Grantee shall submit annually, within ninety (90) days after its year end, a written end-of-the-year report to Grantor containing the following information: (1) A brief summary of the previous year's (or in the case of the initial reporting year, the initial year's) installation of service lines of the Cable System, including but not limited to, service lines begun or discontinued during the reporting year. (2) The number of Subscribers served under this Franchise Agreement. (a) The City, including its agents and representatives, shall have the authority, during Normal Business Hours, to arrange for and conduct an inspection of Annual Reports required pursuant to this Franchise Agreement. The City shall give the Grantee at least twenty-four (24) hours written notice of the inspection request. If the requested information is proprietary in nature or must be kept confidential by State, Federal or local law, upon proper request by 11 Grantee, such information obtained during such an inspection shall be treated as confidential, making it available only to those Persons who must have access to perform their duties on behalf of the City, including but not limited to the City Manager and City Clerk, the City Attorney, Finance Department and Council Members. To the exte nt any Federal requirement for privacy applies to the information to be submitted, said law shall control. (b) All reports and records required under this Ordinance shall be furnished at the sole expense of Grantee, except as otherwise provided in this Franchise Agreement. 15. Periodic Evaluation and Review. Grantor and Grantee acknowledge and agree that the field of cable television is a rapidly changing one that may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise Agreement. Therefore, to provide for the maximum degree of flexibility in this Franchise Agreement, and to help achieve a continued advanced and modem Cable System, the following evaluation and review provisions will apply: (a) The City may request evaluation and review sessions at any time during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, that there shall not be more than one (1) evaluation and review session every three years. (b) Topics that may be discussed at any evaluation and review session include, but are not limited to, rates, channel capacity, the System performance, programming, PEG access, municipal uses of cable, Subscriber complaints, judicial rulings, FCC rulings and any other topics that the City or Grantee may deem relevant. (c) During an evaluation and review session Grantee shall fully cooperate with the City and shall provide without cost such reasonable information and documents as the City may request to perform the evaluation and review. (d) If at any time during the evaluation and review, the City reasonably believes that there is evidence of inadequate technical performance of the Cable System, the City may require Grantee, at Grantee's expense, to perform appropriate tests and analyses directed toward such suspected technical inadequacies. In making such requests, the City shall describe and identify in writing as specifically as possible the nature of the problem, the reason the City has requested special testing and the type of test that the City believes to be appropriate. Grantee shall cooperate fully with the City in performing such tests and shall report to the City the results of the tests, which shall include at least: (1) The System component tested; 12 (2) the equipment used and procedures employed in testing; (3) the results of the test(s) and, if necessary, the method by which the System performance problem was resolved; and (4) any other information pertinent to said tests and analyses; (e) As a result of an evaluation and review session, the City or Grantee may determine that a change in the System or in the terms of the Franchise Agreement may be appropriate. In that event, either the City or the Grantee may propose modifications to the System or the Franchise. Grantee and the City shall review the terms of the proposed change and any proposed amendment to this Franchise Agreement and seek to reach agreement on such change or amendment provided the change or amendment is not inconsistent with applicable law or regulations and the chan ge or amendment technically feasible, economically reasonable and will not result in a material alteration of the rights and duties of the parties under the Franchise Agreement. SECTION 3. CONSTRUCTION STANDARDS 1. Construction Codes and Permits. (a) Grantee shall obtain all necessary permits from City before commencing any construction upgrade or extension of the System, including the opening or disturbance of any Street, or private or public property within City. (b) The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise and to make such tests at its own expense as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law and to protect the public health, safety and welfare of Grantor's citizens. Grantee shall have the right to be present at such inspections. 2. Repair of Streets and Property. Any and all Streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to a condition as good as that prevailing prior to Grantee's work. 3. Building Movers. The Grantee shall, on request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than five (5) business days advance notice to arrange for such temporary changes. The Grantee shall have 13 the right to require advance payment for the costs of moving its facilities. 4. Tree Trimming. The Grantee shall consult with the City Forester for approval to trim any trees upon and overhanging the Streets, alleys, sidewalks, or public easements of City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. 5. No Waiver. Nothing contained in this Franchise shall relieve any Person, as defined in this Agreement, from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities. 6. Undergrounding of Cable. (a) In all areas of City where all other utility lines are placed underground, Grantee shall construct and install its cables, wires and other facilities underground. (b) In any area of City where one or more public utilities are aerial, Grantee may construct and install its cables, wires and other facilities from the same pole with the consent of the owner of the pole. 7. Safety Requirements. The Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. 8. Drop Burial. Temporary drops will be buried within sixty (60) days of installation. Such sixty (60) day period shall not apply if the installation is made during the winter months, which shall be defined as November 15 to April 1. The installation period shall be extended throughout the winter months until weather conditions permit the Grantee to complete such drop buries. In the event the Grantee fails to bury said drops within sixty (60) days if outside the winter months or if the installation is made during the winter months, within sixty days after the winter months, the City shall notify the Grantee of violation of this section in accordance with the enforcement provisions in this Franchise Agreement and the Grantee shall provide basic and expanded basic cable service without charge to the affected cable subscriber from the last date that the drop was to have been buried to the actual date of burial. All subscriber drops that are located underground shall comply with National Electrical Code (NEC) standards and shall be buried to minimum depth of six (6) inches. SECTION 4. OPERATIONS PROVISIONS 1. System Design and Channel Capacity. (a) Grantee shall develop, construct and operate a System capable of providing a minimum of 60 channels of video programming during the term of this Franchise Agreement. 14 (b) All final programming decisions remain the discretion of Grantee; provided that Grantee notifies City and Subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments, and further subject to Grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant to 47 U.S.C. § 545. 2. Special Testing. (a) City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints pertaining to such locations(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Suc h tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. (b) Before ordering such tests, Grantee shall be afforded thirty (30) days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer selected by City and Grantee. In the event that special testing is required by City to determine the source of technical difficulties, the cost of said testing shall be borne equally by the Grantee and the City. 3. Parental Control Lock. Grantee shall provide, for sale or lease, to Subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any channels offered by Grantee. 4. Emergency Alert Capability. Within thirty-six (36) months of the effective date of this Agreement, Grantee shall provide an Emergency Alert System (EAS) in accordance with FCC Rules and Regulations and applicable law. SECTION 5. SERVICES AND PROGRAMMING PROVISIONS. 1. Programming. (a) Broad programming categories. Grantee shall provide or enable the provision of at least the following initial broad categories of programming: (1) Educational programming; (2) News & information; 15 (3) Sports; (4) General entertainment (including movies); (5) Children/family-oriented; (6) Arts; culture and performing arts; (7) Science/documentary; (8) Weather information; (9) Public affairs; (b) Deletion or reduction of programming categories. (1) Grantee shall not delete or so limit as to effectively delete any broad category of Programming identified in this Section and within its control without the consent of the City or as otherwise authorized by law. (2) In the event of a modification proceeding under Federal law, the mix and quality of services provided by the Grantee on the effective date of this Franchise shall be deemed the mix and quality of services required under this Franchise throughout its term. 2. Leased Commercial Access. If Grantee offers leased commercial access, it shall do so in accordance with applicable Federal law. 3. Periodic Subscriber Survey. (a) Upon request by the City, but not more frequently than once every three years, the Grantee shall conduct a Subscriber survey. The City and Grantee shall discuss and agree to a reasonable sample size. The cost of the survey shall be borne equally by the City and Grantee. Grantee shall provide Grantee the results of Subscriber surveys, to the extent it determines the results do not contain confidential information. Each questionnaire shall be prepared with input from the City and conducted as to present reasonably reliable measures of Subscriber satisfaction with: (1) signal quality; (2) response to Subscriber complaints; (3) billing practices; (4) program services; and (5) installation practices. (b) Grantee shall provide the City with a summary of the results of any survey to the extent that the results are not confidential. Grantee shall report in writing what steps Grantee is taking to implement the findings of the survey, such as correcting problems and expanding services. 4. Subscriber Inquiries. Grantee shall have a publicly listed toll-free telephone number and be operated so as to receive Subscriber complaints and requests on a twenty -four (24) hour-a-day, seven (7) days-a-week basis. 16 5. Refund Policy. In the event a Subscriber established or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing period. 6. General Technical Standards and Customer Service Practices. A. This Ordinance incorporates technical standards and establishes customer Service practices that a Grantee must satisfy. B. In accordance with applicable law, Grantee shall maintain such equipment and keep such records as are reasonably required to enable the City to determine whether the Grantee is in compliance with all standards required by these regulations and other applicable laws. Technical Standards. The technical standards used in the operation of a System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to the FCC's rules and regulations and found in Title 47, Sections 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. Test and Compliance Procedure. Tests for a System shall be performed in accordance with the FCC's rules and regulations. Representatives of the City may witness the tests and written test reports shall be made available to the City upon reasonable prior written request. If more than ten percent (10%) of Grantee's locations in the City tested fail to meet the performance standards, Grantee sha ll be required to indicate what corrective measures have been taken and the entire test shall be repeated if requested by the City. Emergency Requirements. Grantee must provide emergency alert override capabilities in a manner consistent with the FCC's Emergency Alert System ("EAS") rules and consistent with any State and/or regional Emergency Alert System plans adopted in response to the FCC's EAS rules that are applicable to the Franchise Area. Programming Decisions. In accordance with applicable law, Grantee shall provide programming from each of the broad programming categories listed in accordance with the Franchise Agreement. All programming decisions remain within the sole discretion of each Grantee provided that Grantee complies with federal law regarding notice to Grantor and Subscribers prior to any Channel additions, deletions, or realignments, and further subject to the Grantee's signal carriage obligations pursuant to 47 U.S.C. §§ 531-536, as may be amended and subject to the City's rights pursuant to 47 U.S.C. § 545, as may be amended. 17 Cable System Office Hours and Telephone Availability. A. Grantee shall maintain a customer Service office within the City for a minimum of five years from the effective date of this Franchise, which shall include a place where Subscribers may pay their bills, pick-up and return converter boxes and comparable items and receive information on the Grantee and its Services. Such Service office shall be open during Normal Business Hours. Grantee also shall maintain a publicly listed toll-free or collect call telephone access line that is available to Subscribers twenty-four (24) hours a day, seven (7) days a week. The local or toll- free numbers shall be listed, with appropriate explanations, in all widely utilized local phone directories. If Grantee discontinues use of a customer service office, it shall provide a local agent to accept payment of bills and shall provide a convenien t alternative procedure for services formerly provided through its local customer Service office. B. Grantee shall have trained representatives available to respond to Subscriber telephone inquiries during Normal Business Hours. The term "trained representat ives" shall mean employees of the Grantee who have the authority and capability while speaking with a Subscriber to, among other things, answer billing questions, and schedule Service and installation calls. C. All employees of the Grantee shall identify themselves when answering an incoming call or inquiry, or while working in the field. Supervisory personnel must use reasonable efforts to respond to Subscriber requests to speak with a "manager or supervisor" within one business day of the request under Normal Operating Conditions, during Normal Business Hours and supervisory personnel will respond no later than the next business day. D. After Normal Business Hours, the telephone access line may be answered by a Service or an automated response System, inclu ding an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained representative on the next business day. E. Upon reasonable prior written request, Grantee shall provide a calendar of holidays and business days during which the Grantee will be closed. Grantee shall also use reasonable efforts to provide prior notice to Subscribers through answering Service/machine, voice mail messages, bill messages, or through a Channel provided by Grantee regarding hours or dates when its offices will not be open. In addition, during such "closed" periods, the Grantee shall use reasonable efforts to provide voice messages and notice on its premises of the after hours contact numbers. F. Under Normal Operating Conditions, telephone answer time by a customer Service representative or automated response unit, including wait time, should not exceed thirty (30) seconds. If a call must be transferred, transfer time should not exceed thirty (30) seconds. 18 G. Under Normal Operating Conditions, Subscribers should not receive a busy signal more than three percent (3%) of the time. Standards provided in the immediately preceding Section F. and this Section are intended to be reasonable, and while not mandatory, represent reasonable service quality st andards. H. The period of three (3) hours following major outages (more than 25% of the Grantee's Subscribers) or periods of natural disasters are not included in the response requirements above, provided that Grantee has used reasonable best efforts to provide voice-mail information about the outage on phone answering equipment and the System bulletin board (assuming outage is not City-wide) and the Grantee provides documentation to City as soon as reasonably possible following the outage, including beginning and ending times, area of outage, location and cause of problem. I. Grantee shall respond to all Subscriber or user inquiries or complaints within ten (10) days of the inquiry or complaint, unless the resolution of the Subscriber or user inquiries or complaints is not reasonably available within that time frame, in which case Grantee shall respond as soon as reasonably possible. The requirement that Grantee respond to all Subscriber or user inquiries or complaints within ten (10) days of the inquiry or complaint as provided above shall apply except to the extent a more stringent standard is set forth for specific types of activities, inquiries or complaints in this Franchise Ordinance/Agreement. J. On a semi-annual basis, the Grantee, upon request, and upon six months notice, will provide the City with reports for hold time, busy signals, and abandonment rate, and if requested by the City, the Grantee will meet with the City to review such reports. The Grantor may allow periods of excused non -compliance if the Grantee can provide reasonable documentation that these periods of non - compliance were not within Normal Operating Conditions. (1) The Grantee will be deemed in compliance if: (a) During any such semi-annual period each criterion has been met or exceeded; or (b) If each criterion has been met or exceeded during four (4) months within any such semi-annual period. (2) Should the Grantee be found to be in non-compliance, the City shall notify the Grantee in writing and specify the basis for the finding. Upon notification, the Grantee shall have thirty (30) days to cure such non - compliance. (3) If the Grantee, based upon the available monthly data, fails to cure the non-compliance within the thirty (30) day period, the Grantor may commence enforcement procedures. Installations, Outages, and Service Calls. Under Normal Operating Conditions, each of the following standards must be met no less than ninety-five percent (95%) of the time 19 as measured on a quarterly basis: A. Maintenance Service capability enabling the prompt location and correction of substantial System malfunctions or outages shall be available twenty-four (24) hours a day, seven (7) days a week. B. To the extent practical, at the time an appointment is scheduled, the Grantee shall inform the Subscriber of Service procedures, required payments, possible delays, and phone or field verification procedures which are related to the appointment and/or possible rescheduling/cancellation. C. The appointment window alternatives for Standard Installations and Service calls will be within a maximum four (4) hour time block during Normal Business Hours. Grantees may schedule Service calls and other installation activities outside of Normal Business Hours for the express convenience of a Subscriber, if so requested. D. No Grantee may cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment. E. If a Grantee's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, all reasonable efforts will be made to contact the Subscriber. The appointment must be rescheduled, as necessary, at a time that is convenient for the Subscriber. F. The Grantee may phone the Subscriber within the appointment window to verify that the appointment is still needed. If the subscriber telephone is answered by a machine or Service, the Grantee may leave a message which includes a number the Subscriber may use to call back to confirm or reschedule the appointment. G. Appointments may not be canceled or rescheduled until field personnel of the Grantee make reasonable efforts to verify that the Subscriber or other authorized adult is not at the address for the appointment. H. Upon arrival at the Subscriber's address, if the Grantee verifies that a Subscriber is not at the address during the scheduled appointment window, the Grantee shall leave a door tag or similar notice with the name of the person leaving the notice, the time the person determined that the Subscriber was not at hom e; and a telephone number the Subscriber may call back to confirm or reschedule an appointment. I. Any vehicle used for the installation, construction, maintenance, or repair of a Cable System shall bear the identification of the Grantee in a conspicuous pla ce and manner. J. Reconnections due to erroneous disconnection based on billing or technical 20 errors must be completed at no charge within twenty-four (24) hours of notification by the affected Subscriber. K. Reconnections after a disconnection attributed to non-payment of bills must be completed within seven (7) business days of Grantee's receipt of back payment. L. The Subscriber may be billed for installations or reconnections as soon as each such service is installed. M. Runs in building interiors shall be as unobtrusive as reasonably possible and outlets shall be located for the convenience of the Subscriber. The Grantee shall use due care in the process of installation and shall repair any damage to the Subscriber's property caused by installation work. Such restoration shall be undertaken as soon as possible after the damage is incurred, shall be subject to reasonable Subscriber approval of the corrective action, and Grantee shall use its best efforts to complete the corrective action within no more than thirty (30) days after the damage is incurred. Should such restoration not be corrected within thirty (30) days, the Grantee shall notify the Subscriber as to the cause for the delay and the date when such action shall be completed. N. Failure of the Grantee to maintain adequate budget, sufficient staff or properly trained staff shall not constitute justification for failure to comply with these provisions. Repairs and Interruptions. A. Every Grantee will begin working on Service Interruptions and outages within a reasonable timeframe but in no event later than twenty-four (24) hours after the Service Interruption becomes known. (1) Any reports of "no picture/no sound" must be responded to within sixteen (16) business hours of such report, unless reported during a weeke nd or holiday, which shall require a response during the next regular business day. (2) Work not requiring the Operator to enter Subscriber premises (or property) shall not require the Subscriber to be available for an appointment and shall not be delayed on account of the Grantee's inability to arrange an appointment with the Subscriber. B. Work on all other requests for Service must begin by the next business day after notification of the problem. C. The Subscriber does not need to be home for outside plant and line repairs. D. A Grantee may interrupt Service only for good cause and for the shortest time possible, including interruption for System upgrade, maintenance and repair. Grantee shall use reasonable efforts to perform maintenance at times that affect the f ewest number of Subscribers. 21 The Grantee shall post override notices on the System to advise Subscribers in advance of planned Service interruptions. For a planned Service interruption that is likely to last four (4) hours or more, Grantee shall broadcast information concerning the planned Service interruption on a Channel of Grantee used for such notices and shall notify the local newspaper. E. A Grantee shall provide a pro rata credit for Service for each Service Interruption exceeding four (4) hours in any twenty-four (24) hour period, unless it is demonstrated that the Subscriber caused the outage, or the outage was planned as part of an upgrade or other work of which the City and the Subscriber received appropriate prior general notification or the Service Interruption was determined to be beyond the control of Grantee. A Subscriber is entitled to a full refund for any Cable System or equipment impairment to pay-per-view event. These credits and refunds shall be made available upon request by Subscriber. F. Service Call Charges. Unless otherwise agreed to, no charge shall be made to a Subscriber for any Service call relating to Grantee owned and Grantee maintained equipment after the initial installation of Cable Service unless the problem giving rise to the Service request can be demonstrated by Grantee to have been: (1) Caused by the negligence or malicious destruction of cable equipment by the subscriber; or (2) A problem established as having been non -cable in origin. (3) A customer education problem requiring unnecessary visits by Grantee. G. An "Identified Outage" is construed as reports ofno picture/no sound from three (3) or more Subscribers in close geographic proximity or along the same trunk or feeder line within twenty (20) minutes of each other. H. Within one (1) hour of an Identified Outage during Normal Business Hours, Service technicians will respond and use all available reasonable means to correct the outage in the shortest possible amount of time. The Grantee shall maintain and forward to the City, upon request, reports on the cause, area, duration and repair of the outage. I. Cable drop lines, cable trunk lines, or any other type of outside wiring that comprise part of the Grantee's Cable System that are located underground, shall be placed in such locations pursuant to City Code, and the surrounding ground shall be restored to a condition which is reasonably comparable to the condition immediately prior to such construction, within seventy-two (72) hours after connection to the Cable System, or such time as agreed to by the property owner. Additional time may be allowed for the completion of such restoration if individual circumstances warrant. The requirements of this subsection shall apply to all installation, reinstallation, Service or repair commenced by the Grantee within the City during Normal Operating Conditions. Communications Between Grantees and Subscribers. A. Notifications to Subscribers: 22 (1) In accordance with applicable law, Grantee shall provide written information to Subscribers on each of the f ollowing topics at the time of installation, at least annually to all Subscribers, at any time upon request, and at least thirty (30) days prior to making significant changes in such information: (a) Product and Services offered; (b) Prices and options for programming services and conditions of subscription to programming and other services and facilities; (c) Installation and maintenance policies including, when applicable, information regarding the Subscriber's home wiring rights and information describing ownership of internal wiring during the period Service is provided; (d) Instructions on how to use Services; (e) Channel positions of programming offered on a System; (f) Billing and Complaint procedures, including the name, address and telephone number of the City; (g) The availability of Converters, Lockout Devises or other signal control devices; (h) The Grantee's practices and procedures for protecting against invasions of privacy; and (i) The address and telephone number of the Grantee's office to which Complaints may be reported. (2) Grantee promotional materials, announcements and advertising of Service to Subscribers, including pay-per-view or event programming, shall clearly and accurately disclose price terms. In the case of telephone orders, the Grantee shall take appropriate steps to reasonably explain the price terms to potential customers before the order is accepted. (3) Subscribers will be given thirty (30) days advance notice of any changes in rates, programming Services, or Channel positions through any written means that is reasonably likely to bring such information to the attention of Subscribers. B. Billing: (1) Bills must be clear, concise, and understandable. Bills must be itemized, with itemizations including, but not limited to, Basic and premium Service charges and equipment charges. (2) Bills must clearly show a specific payment due date. (3) If Grantee chooses to itemize, as a separate line item on bills, Franchise Fees or other government imposed fees attributable to the total bill, such fees must be shown in accordance with any applicable law concerning the Grantee's ability to itemize such fees. 23 (4) Bills must also clearly delineate all activity during the billing period, including optional charges, rebates, and credits. Nothing in this section prohibits or restricts a Grantee from offering packages of programming to Subscribers and to identify such packages on the Subscriber bill. (5) The billing statement must clearly and conspicuously indicate the past due date, and if applicable the date certain that a Subscriber's Service will be eligible for disconnection. (6) Negative option billing is prohibited unless applicable federal law specifically requires that the Grantee be permitted to engage in such practice. (7) In case of a billing dispute, a Grantee must respond to a written Complain t from a Subscriber within thirty (30) days. Credits for Service shall be issued no later than the Subscriber's next billing cycle after determination that the credit is warranted. Complaint Log. Subject to the privacy provisions of 47 U.S.C. § 521 et seq., Grantor and every Grantee shall prepare and maintain written records of all Complaints made to them and the resolution of such Complaints, including the date of such resolution. Such written records shall be on file at the office of Grantee. Grantee sha ll make available to Grantor a written summary of such Complaints and their resolution upon request. Lockout Device. A. Grantee shall provide to any Subscriber upon request for sale or lease a Lockout Device for blocking both video and audio portions of any channel(s) of programming entering the Subscriber's premises. B. Scrambling/Blocking. Grantee shall at all times scramble both the audio and video portions of all channels with predominately adult oriented programming. Periodic Subscriber Surveys. A. Grantee may select any reasonable method to conduct periodic Subscriber surveys. The Grantor shall be responsible for any costs incurred by a Grantee that are related to the conduct of such surveys. B. In addition to Periodic Telephone Surveys, the Grantor may periodically elect to supplement periodic telephone surveys with a statistically valid telephone survey, of the subject matter identified in Section 5-3 of this Franchise. Line Extension Policy. No resident within the Franchise Area shall be refused Service arbitrarily. Unless otherwise set forth in the Franchise Agreement, whenever Grantee receives a request for Cable Service in an unserved portion of the Franchise area 24 where there are at least 25 dwelling units (which shall be interpreted to include businesses that have contractually agreed to subscribe to Cable Service) within one linear cable mile of the Grantee's nearest trunk or distribution cable from which it is technically feasible to extend Service, or the dwelling unit is within 125 feet of Grantee's distribution cable, it shall extend its Cable System to such Subscriber at no cost, other than the published standard installation fee charged to all Subscribers. Mobility Limited Subscribers. Unless otherwise agreed in this Franchise Ordinance/Agreement, upon the request of mobility-limited Subscribers, Grantee shall arrange for delivery, pickup or exchange or replacement of converters or other equipment at the Subscriber's address. Customer Service Reporting Requirements. Based on a substantial number and a documented pattern of verbal or written Complaints received by Grantor, and upon six (6) months notice to Grantee, Grantor may require Grantee to begin collecting data of such Complaints, including, at minimum, the following: A. A telephone report containing the following information relevant to the question of whether the Grantee's telephone answering System complies with the standards of this Ordinance: (1) Total number of calls received by the Call System handling the Franchise Area; (2) Total number of calls abandoned by the Call System handling the Franchise Area; (3) Total percentage of calls abandoned; (4) Percentage of calls answered within thirty (30) seconds; and (5) A description of significant events impacting telephone response times. B. The number of free Standard Installations that were issued for failure to arrive for Standard Installations. C. A significant Service Interruptions report that tracks information on a monthly basis to include: (1) Total number of Service Interruptions; (2) Time of all Service Interruptions; (3) Total hours that the System was out-of-service as related to planned maintenance or Channel line-up changes performed by a Grantee; and 25 (4) Estimated number of Subscribers affected by each incident. In addition to the above, the City may request that Grantee begin Service Interruption reports contain graph(s) that depict Grantee's performance with respect to the items above for the first three (3) year period of this Franchise and thereafter up to a three (3) year period prior to the date the report was requested. D. Results of any technical testing on the System. Dispute Resolution. A. Grantee shall establish procedures for receiving, acting upon, and resolving customer complaints, and crediting customer accounts, without intervention by the Grantor. Such procedures shall prescribe the manner in which any Subscriber may submit a complaint by telephone, fax, e-mail or in writing to the Grantee that it has violated any provision of these Customer Service Standards, any terms or conditions of the Customer's contract with the Grantee, or reasonable business practices. Grantee shall use reasonable efforts to log oral complaints it receives and shall not be obligated to provide verbatim reports or transcripts of oral complaints provided the nature of the complaint is adequately provided to the Grantor if requested by Grantor. B. The Grantee's complaint procedure shall be filed with the Grantor prior to June 1, 2011. C. The Grantee’s investigation of a Subscriber complaint shall be concluded in no more than fifteen (15) business days after receiving the complaint, at which time the Grantee shall notify the Subscriber of the results of its investigation and its proposed action. D. The Grantor may also notify the Subscriber of his/her rights to file a complaint with the Grantor in the event the Subscriber is dissatisfied with the Grantee's decision, and shall thoroughly explain the necessary procedures for filing such complaints with the Grantor. E. The Grantor will review and notify Grantee of all complaints it receives against Grantee regarding quality of service, equipment malfunctions, billing disputes, and property damage. In conducting its review, the Grantor may request additional information from the Grantee and/or Subscriber. SECTION 6. FRANCHISE FEE, INSURANCE PROVISIONS 1. Franchise Fee. (a) Grantee shall pay to City an Annual Franchise Fee in the amount of five percent (5%) of its annual Gross Revenues as defined in Section 1. of this 26 Agreement. (b) Any payments due under this provision shall be payable within 30 days of the end of the Grantee's fiscal quarter and shall include a report showing the basis for the computation. (c) The City shall have the right, at any time during the term of this Franchise, to increase the Annual Franchise Fee to the maximum percentage permitted by law, however the City shall provide Grantee at least sixty (60) days notice prior to the effective date of any increase or decrease of the Annual Franchise Fee. 2. Access to Records. The City shall have the right to inspect, upon reasonable notice and during normal business hours, or require Grantee to provide within a reasonable time, copies of any records maintained by Grantee which relate to System operations including specifically Grantee's accounting and financial records. 3. Indemnification. (a) Except as otherwise provided herein, Grantee shall indemnify, hold harmless, release and defend City, its officers, agents and employees from and against any and all lawsuits, claims, actions, demands, damages, disability, losses, expenses including attorney's fees and other defense costs or liabilities of any nature that may be asserted by any Person or entity arising out of the activities of Grantee, its subcontractors, employees and agents hereunder. Grantee shall be solely responsible and save City harmless from all matters relative to payment of Grantee's employees, including compliance with Social Security, withholding and other payroll requirements. (b) This indemnification obligation is not limited in any way by a limitation of the amount or type of damages or compensation payable by or for Grantee under workers' compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Agreement, or the terms, applicability or limitations of any insurance held by Grantee. (c) Grantor does not, and shall not, waive any rights against Grantee which it may have by reason of this indemnification, because of the acceptance by Grantor, or the deposit with Grantor by Grantee of any of the insurance policies described in this Franchise Agreement. (d) This indemnification by Grantee shall apply to all damages and claims for damages of any kind suffered by reason of any of the aforesaid operations referred to in this Section, regardless of whether or not such insurance po licies shall have been determined to be applicable to any such damages or claims for damages. (e) Grantee shall not be required to indemnify Grantor for negligence or misconduct 27 on the part of Grantor or its officials, boards, commissions, agents, or employees (hereinafter negligence or misconduct may be referred to as "such acts"). Grantor shall hold Grantee harmless for any damage resulting from any such acts of the Grantor or its officials, boards, commissions, agents, or employees in utilizing any PEG access channels, equipment, or facilities and for any such acts committed by Grantor in connection with work performed by Grantor and permitted by this Agreement, on or adjacent to the Cable System. 4. Grantee's Insurance. Grantee shall not commence any Cable System construction work or permit any subcontractor to commence work until both shall have obtained or caused to be obtained all insurance required under this Section. Said insurance shall be maintained in full force and effect until the completion of const ruction. 5. Workers' Compensation Insurance. Grantee shall obtain and maintain workers' compensation insurance for all of Grantee's employees, and in case any work is sublet, Grantee shall require any subcontractor similarly to provide workers' compensation insurance for all subcontractor's employee s, all in compliance with State laws, and to fully protect the Grantor from any and all claims arising out of occurrences resulting from Cable System construction work. Grantee hereby indemnifies Grantor for any damage resulting to it from failure of eithe r Grantee or any subcontractor to take out and maintain such insurance. Grantee shall provide the Grantor with a certificate of insurance indicating workers' compensation coverage with its acceptance of this Franchise Agreement. 6. Insurance. (a) Grantee shall file, with its acceptance of this Franchise Agreement, and at all times thereafter maintain in full force and effect during the entire term of this Franchise at its sole expense, comprehensive general liability insurance that shall protect the Grantee, the Grantor, and the Grantor's officials, officers, employees and agents from claims which may arise from operations under this Franchise, whether such operations are by the Grantee, its officials, officers, directors, employees and agents, or any subcontractor of Grantee. This liability insurance shall include but shall not be limited to protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's automobiles, products and completed operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in aggregate. The following endorsements shall attach to the liability policy: (1) The policy shall cover personal injury as well as bodily injury. (2) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage. 28 (3) Broad form property damage liability shall be afforded. (4) The Grantor shall be named as an additional insured on the policy. (5) An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance carried by the Grantor will be called upon to contribute to a loss under this coverage. (6) Standard form of cross-liability shall be afforded. (7) Each policy of insurance shall contain a statement on it s face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after thirty (30) days' advance written notice has been provided to Grantor. (b) Grantor reserves the right to adjust the coverage limit requirements no more than every five (5) years. Any such adjustment by the Grantor will be no greater than the increase in the State of South Dakota Consumer Price Index (all consumers) for such five (5) year period. (c) Grantee shall submit to Grantor documentation of the required insurance including a certificate of insurance signed by the insurance agent and companies named, as well as all properly executed endorsements . (d) Any deductible or self-insured retention must be declared to Grantor. SECTION 7. FRANCHISE VIOLATION/REVOCATION OF FRANCHISE 1. Franchise Violations. Grantor, by action of the City Manager, shall first notify Grantee of a violation in writing by personal delive ry or registered or certified mail, and demand correction within a reasonable time, which shall not be less than ten (10) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Agreement, and thirty (30) days in all other cases. If Grantee fails to correct the violation within the time prescribed, or if Grantee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, the Grantee shall then be given a written notice of not less than thirty (30) days of a public hearing to be held before the City Council. Said notice shall specify the violation(s) alleged to have occurred. (a) At the public hearing, the City Council shall hear and consider all relevant evidence, and thereafter render findings, its decision, and the penalty or penalties for the violation. 29 (b) In the event the City Council finds that Grantee has corrected the violation, or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, or that no material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed. In determining whether a violation is material, Grantor shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage, if any, caused to the Grantor thereby, whether the violation was chronic, and any justifying or mitigating circumstances and such other matters as the Grantor may deem appropriate. (c) Grantor may impose any penalty or sanction authorized by Federal or State law for a violation of this Franchise, however imposition of any such penalty shall not constitute a waiver of any right of the Gra nter to pursue any other remedy permitted by law. 2. Revocation of Franchise. (a) Grantor's Right to Revoke. (1) In addition to all other rights which Grantor has pursuant to law or equity, Grantor reserves the right to revoke, terminate or cancel this Franchise, a nd all rights and privileges pertaining thereto, if after the hearing required by Section 7.1 herein, it is determined that: (i) Grantee has violated any material provision of this Franchise; or (ii) Grantee has attempted to evade any material provision of the Fran chise; or (iii) Grantee has practiced fraud or deceit upon Grantor or Subscriber. (b) Procedures for Revocation. (1) Granter shall provide Grantee with written notice of a cause for revocation and the intent to revoke this Franchise and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. (2) Grantee shall be provided the right to a public hearing affording due process before the City Council prior to revocation, which public hearing shall follow the thirty (30) day notice provided in Section (b.l.) immediately above. At the public hearing, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the Grantor, to compel the testimony of other persons as permitted by law, and to question witnesses. A complete verbatim record and transcript shall be made of such hearing, the cost of such transcript to be paid by Grantee. The Grantor shall provide Grantee with written notice of its decision together with written 30 findings of fact supplementing said decision. (3) After the public hearing and upon written determination by Grantor to revoke the Franchise, Grantee may appeal said decision to an appropriate State or Federal court or agency within sixty (60) days of said decision. Unle ss otherwise provided by Federal or State law, the decision of the Grantor to revoke the Franchise shall be subject to review de nova. (4) During the appeal period, the Franchise shall remain in full force and effect unless the term of the Franchise Agreement expires during the appeal period. (5) The Grantor may, at its sole discretion, take any lawful action which it deems appropriate to enforce the Grantor's rights under the Franchise in lieu of, or in addition to, appeal or public hearing upon revocation of th is Franchise. SECTION 8. PROTECTION OF INDIVIDUAL RIGHTS 1. Subscriber Privacy. Grantee shall comply with the terms of 47 U.S.C. § 551 relating to the protection of Subscriber privacy. SECTION 9. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever. 3. Penalty. Any firm, Person, group, company, corporation or government body or agency found guilty of violating this section may be fined not more than Two Hundred Dollars ($200.00) for each and every offense. Each continuing day of the violation shall be considered a separate occurrence and offense. SECTION 10. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be done in accordance with applicable Federal, State and local laws and regulations. 31 2. Amendment of Franchise Ordinance. Grantee and Grantor may agree, from time to time, to amend this Franchise. Such written amendments may be made at any time if Grantor and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in Fe deral, State or local laws. Grantor shall act pursuant to local law pertaining to the ordinance amendment process. 3. Mediation. To aid in the analysis and resolution of any future disputed matters relative to this Franchise Agreement, the Grantor and Grante e may, by mutual agreement (both as to whether to hire and whom to hire), employ the services of technical, financial or legal consultants, as mediators. All reasonable fees of the consultants incurred by the Grantor and the Grantee in this regard shall be borne equally. 4. Force Majeure. Neither Grantor nor Grantee shall be liable for damages or subject to penalty due to delay or failure to perform any duty imposed by this Franchise Agreement if such delay or failure results directly or indirectly from circumstances beyond the control of such party. Within thirty (30) days of Grantee's discovery of the event causing such delay or failure, Grantee shall provide Grantor written notice describing the cause of the delay or failure and estimating the period of time in which such delay or nonperformance will be cured. 5. Rate Regulation/Internet as a cable service. If Grantor is permitted under Federal and/or State law to regulate the rates charged by Grantee, and if Grantor elects to regulate, Grantor shall establish reasonable procedures consistent with due process and applicable law and follow those procedures before so regulating. In addition, if the term "cable service" is modified by Federal law or by the FCC, such services as are included within the term "cable service" shall be subject to th e Franchise Fee, again, to the extent permitted by Federal and State law. 6. Legal Fees. Grantee shall promptly reimburse Grantor for all legal costs associated with preparing this Ordinance and for any subsequent amendment prepared at the request of Grantee. SECTION 11. CONFLICT WITH OTHER ORDINANCES In the event of any conflict or ambiguity between the terms and conditions of this Franchise Ordinance and any other Ordinance, this Ordinance shall control, except as may be specifically otherwise provided in this Ordinance. The Grantor reserves all rights that it may possess under law to adopt any ordinance regulating the use of the Grantor's streets and rights of ways. SECTION 12. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 32 1. Publication; Effective Date. This Franchise shall be published in accordance with applicable South Dakota law. The Effective Date of this Franchise shall be the date Grantee has accepted this Franchise. Grantee shall promptly reimburse Grantor the publication costs associated with this Ordinance. 2. Acceptance. (a) Grantee shall accept this Franchise Agreement within sixty (60) days of the adoption of the Franchise Ordinance by the City Council, unless the time for acceptance is extended by Grantor. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. (b) Grantee shall accept this Franchise in the following manner: (1) This Franchise shall be properly executed by Grantee and delivered to Grantor. (2) With its acceptance, Grantee shall also deliver any Insurance certificate required herein that have not previously been delivered to Grantor. Passed and adopted this 7th day of July, 2024. CITY OF BROOKINGS, SD GRANTOR By: Oepke G. Niemeyer, Its: Mayor ATTEST: Bonnie Foster, City Clerk ACCEPTED: This Franchise Agreement is accepted and Grantee agrees to be bound by its terms and conditions. Dated: ____________________ INTERSTATE TELECOMMUNICATIONS COOPERATIVE, INC., GRANTEE By: Its: ______________________ 33 EXHIBIT A DROPS TO PUBLIC BUILDINGS ________________________________________________________ The following cable drops to public buildings shall be provided upon request by the Grantor: City: Brookings City and County Government Center Brookings Police Department School: All current schools Any Future schools constructed during the franchise period Library Larson Ice Center Dacotah Bank Center (formerly Swiftel Center) Street Maintenance Shop The following High Speed Data lines (HSD) shall also be provided: City: The Brookings City and County Government Center and Brookings Police Department - 2 High speed data lines (HSD) installed at each building at no cost to the Grantor, with HSD service provided at residential rates, though not to be upgraded without monthly charge added to associated speed and service. Note: Buildings not identified on the above list may be included by Grantor’s notice to Grantee of the building and location provided the building is within five hundred feet of Grantee’s nearest trunk or distribution cable. Grantee shall provide free drop within ninety (90) days after receipt of notice. 34 35 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 24-021,Version:1 Introduction and First Reading on Ordinance 24-021, and an Ordinance Authorizing Budget Amendment No. 7 to the 2024 Budget. Second Reading and Action: June 23, 2024. Summary: Staff requests Council approval on this budget amendment. This amendment increases the equipment maintenance budget in the E-911 Fund to account for a hardware refresh and maintenance contract with Two Way Solutions, Inc. This amendment was also approved by the East Central Communications Joint Powers Board. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: July 9, 2024 / July 23, 2024 Subject: Ordinance 24-021: Amendment No. 7 to the 2024 Budget Presenter: Ashley Rentsch, Finance Director Summary: Staff requests Council approval on this budget amendment. This amendment increases the equipment maintenance budget in the E-911 Fund to account for a hardware refresh and maintenance contract with Two Way Solutions, Inc. This amendment was also approved by the East Central Communications Joint Powers Board. Background: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. The City of Brookings E-911 dispatch function involves a complex network of computer workstations and other hardware, for which repairs and maintenance have been handled on an as needed basis rather than through a proactive preventative maintenance contract. This ordinance increases budget authority in the E-911 Fund by $45,243 to account for a hardware refresh and maintenance contract for dispatch equipment. Item Details: E-911 Equipment Repairs and Maintenance in the amount of $45,243. The remainder of this contract will be billed at $11,800 per year over the next four years and will be included in the annual budgets. The primary benefit of this contract is to maximize the life, performance, and utility of this critical hardware. Should the facility be moved or a backup dispatch station created, the agreement will still be in place and amended as necessary. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for expenditures and increasing transparency regarding City operational needs. Financial Consideration: This amendment will increase the 2024 E-911 expenditure budget by $45,243; which will come from the reserves in that Special Revenue Fund. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo Ordinance ORDINANCE 24-021 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 7 TO THE 2024 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 comes due. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be authorized to make the following budget adjustments to the 20 24 budget: Fund Account Description Budget Increase / (Decrease) E-911 Fund 214-000-5-425.04 Repair & Maintenance – Equipment $ 45,243.00 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: July 9, 2024 SECOND READING: July 23, 2024 PUBLISHED: July 26, 2024 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 24-015,Version:2 Second Reading and Action on Ordinance 24-015, an Ordinance Authorizing Budget Amendment No. 6 to the 2024 Budget. Summary: Staff requests Council approval on this budget amendment. This amendment increases the contracting services budget in the Solid Waste Disposal (Landfill) Fund to account for an increased frequency and quantity of leachate hauling. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: June 25, 2024 / July 9, 2024 Subject: Ordinance 24-015: Amendment No. 6 to the 2024 Budget Presenter: Ashley Rentsch, Finance Director Summary: Staff recommends Council approval on this budget amendment. This amendment increases the contracting services budget in the Solid Waste Disposal (Landfill) Fund to account for an increased frequency and quantity of leachate hauling. Background: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This ordinance increases budget authority in the Solid Waste Disposal (Landfill) Fund by $75,000 to account for additional leachate hauling. For reference, leachate is the polluted liquid that drains from a landfill or waste disposal site, typically formed when rainwater filters through the waste. Item Details: Contracting Services for the Landfill in the amount of $75,000. The most recent bid for leachate hauling services was significantly lower than the amount paid to the previous contractor. However, the new contractor is able to haul more than the previous contractor, which is positive from a compliance perspective. Now that we are able to achieve the optimal amount of leachate hauling, we have a more accurate picture of the true cost. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for expenditures and increasing transparency regarding City operational needs. Financial Consideration: This amendment will increase the 2024 Solid Waste Disposal budget by $75,000; which will come from the reserves in that enterprise fund. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo Ordinance ORDINANCE 24-015 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 6 TO THE 2024 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 comes due. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be authorized to make the following budget adjustments to the 20 24 budget: Fund Account Description Budget Increase Solid Waste Disposal 625-000-5-422-07 Contracting Services $ 75,000 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: June 25, 2024 SECOND READING: July 9, 2024 PUBLISHED: July 12, 2024 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 24-009,Version:2 Public Hearing and Action on Ordinance 24-009, an Ordinance to Rezone 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B-2A Office District. Summary: Brookings Health System has submitted a petition to rezone the East 221.4-feet of Outlot B in Section 30, Township 110, Range 49 and the West 39-feet of Block 5 in Mayland Addition, also known as 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B-2A Office District. Recommendation: The Development Review Team recommends approval. The Planning Commission voted 7-0 to recommend approval. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Zoning Exhibit City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner City Council Meeting: June 25, 2024 / July 9, 2024 Subject: Ordinance 24-009: Rezone 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B-2A Office District Person(s) Responsible: Mike Struck, Community Development Director Summary: Brookings Health System has submitted a petition to rezone the East 221.4-feet of Outlot B in Section 30, Township 110, Range 49 and the West 39 -feet of Block 5 in Mayland Addition, also known as 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B-2A Office District. The Development Review Team recommends approval. The Planning Commission voted 7-0 to recommend approval. Background: The 1.76 acre parcel is owned by the Brookings Health System and has historically been used for personal health services despite the R-3 zoning. Past and current uses include dental and eye care services. The existing use is grandfathered as a non- conforming use and subject to Section 94-41. The owner would like to consider demolishing the existing structure and rebuild on the site with future personal health service type uses. A rezone will be required to establish a new use of a new future building on the site. Item Details: The current zoning of the property is Residence R-3 Apartment District. Adjacent zoning districts include Residence R-1B Single-Family District to the north and west, Business B-2A Office District to the south and east, and Residence R-3 Apartment District to the south. Existing uses include the Brookings Hospital to the north, a religious institution to the west, health services and residential to the south, and a vacant lot to the east. The Urban High Future Land Use category supports a B-2A Zoning. The planned use is a permitted special use in the district with a condition that no hospitals are allowed. Legal Consideration: None Strategic Plan Consideration: Safe, Inclusive, & Connected Community – the rezone will support future health services to serve the community. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval. The Planning Commission voted 7-0 to recommend approval. Supporting Documentation: Ordinance Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Zoning Exhibit ORDINANCE 24-009 AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS BE IT ORDAINED by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: The East 221.4-feet of Outlot B in Section 30, Township 110, Range 49 and the West 39-feet of Block 5 in Mayland Addition, City of Brookings, Brookings County, South Dakota, also known as 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B-2A Office District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: June 25, 2024 SECOND READING AND ADOPTION: July 9, 2024 PUBLISHED: July 12, 2024 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 24-009 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, July 9, 2024, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 24-009, an Ordinance to Rezone 2311 Yorkshire Drive from a Residence R-3 Apartment District to a Business B- 2A Office District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 28th day of June, 2024. CITY OF BROOKINGS, SD Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Brookings Health System has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: The East 221.4-feet of Outlot B in Section 30, Township 110, Range 49 and the West 39-feet of Block 5 in Mayland Addition, City of Brookings, Brookings County, South Dakota, also known as 2311 Yorkshire Drive. The request is to rezone the above-described real estate from a Residence R-3 apartment district to a Business B-2A office district . NOTICE IS FURTHER GIVEN t hat said request will be acted on by the Planning Commission at 5:30 PM on Monday, June 3, 2024, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard in this matter. Dated this 23rd day of May, 2024. Ryan Miller City Planner Planning Commission Brookings, South Dakota June 3, 2024 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Monday, June 3, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Scot Leddy, Debra Spear, Roger Solum, Kyle Jamison, Jacob Limmer, and Richard Smith. Also present was Community Development Director Michael Struck. Nick Schmeichel and Jacob Mills were not preset. Also present were Jeanine Emmett, Tim Veldkamp, Jane Payfer, Alan Mack, Zach Ries, Neil Eichstadt, Brooke Burlage, Hermela Aboye, Cassi Wright, Mike McClemans, Shawn Storhaug, Dave Lorang, Tracy Bandemer and Todd Voss. Item #6a – Brookings Health System submitted a petition to rezone the East 221.4-feet of Outlot B in Section 30, Township 110, Range 49 and the West 39-feet of Block 5 Mayland Addition, also known as 2311 Yorkshire Drive, from a Residence R-3 apartment district to a Business B-2A office district. (Solum/Jamison) Motion to approve the rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a – Brookings Health System submitted a petition to rezone the East 221.4-feet of Outlot B in Section 30, Township 110, Range 49 and the West 39-feet of Block 5 in Mayland Addition, also known as 2311 Yorkshire Drive, from a Residence R-3 apartment district to a Business B-2A office district. Originally the property was not rezoned to fit it’s use. Eichstadt, Banner Engineer, explained that they are rebuilding to a medical office building and would like to rezone at this time to more accurately fit the property use. Aiken stated that it fits the area well. OLWIEN ST 3RD ST 22ND AVE22ND AVE22ND AVE SYORKSHIRE DR YORKSHIRE DR22ND AVE2410 SUNRISE RIDGE CIR 2311 YORKSHIRE DR 101 22ND AVE S 2322 YORKSHIRE DR 112 22ND AVE S 2115 3RD ST 300 22ND AVE 2220 YORKSHIRE DR 200 22ND AVE 812 PARKWAY BLVD Location Map 5/3/2024 0 0.04 0.070.02 mi 0 0.06 0.110.03 km 1:2,884 OLWIEN ST 3RD ST 22ND AVE22ND AVE22ND AVE SYORKSHIRE DR YORKSHIRE DR22ND AVEB-2A B-2A R-1B R-3 PDD 2410 SUNRISE RIDGE CIR 2311 YORKSHIRE DR 101 22ND AVE S 2322 YORKSHIRE DR 112 22ND AVE S 2115 3RD ST 300 22ND AVE 2220 YORKSHIRE DR 200 22ND AVE 812 PARKWAY BLVD Zoning Map 5/3/2024 0 0.04 0.070.02 mi 0 0.06 0.110.03 km 1:2,884 OLWIEN ST 3RD ST 22ND AVE22ND AVE22ND AVE SYORKSHIRE DR YORKSHIRE DR22ND AVEUrban High Urban High Civic 2410 SUNRISE RIDGE CIR 2311 YORKSHIRE DR 101 22ND AVE S 2322 YORKSHIRE DR 112 22ND AVE S 2115 3RD ST 300 22ND AVE 2220 YORKSHIRE DR 200 22ND AVE 812 PARKWAY BLVD Future Land Use Map 5/3/2024 0 0.04 0.070.02 mi 0 0.06 0.110.03 km 1:2,884 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 24-0328,Version:1 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Area Chamber, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on August 1, 8, 15, 22 and 29, 2024. Summary: The Brookings Area Chamber has applied for a Temporary Alcohol License, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on August 1, 8, 15, 22 and 29, 2024. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice Location Map City of Brookings Printed on 7/3/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: July 9, 2024 Subject: Temporary Alcohol Application for the Downtown at Sundown event in August 2024 Person(s) Presenting: Bonnie Foster, City Clerk Summary: Staff recommends approval of a Temporary Alcohol License from the Brookings Area Chamber Downtown Committee to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on August 1, 8, 15, 22, and 29, 2024. Background: The Downtown at Sundown event began in 2015 and ran every Thursday for 7 weeks with approximately 526 attendees per event, 7 headlining bands, and 4 food / alcohol vendors. This event has grown to an attendance of 20,000 over the 5-week event. Item Details: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. August 1st – Kickoff Night August 8th – Bobcat Night August 15th – New Resident Welcome Night August 22nd – Multi-cultural Night August 29th – SDSU Night Legal Consideration: None. Strategic Plan Consideration: Safe, Inclusive, Connected Community– facility improvements, emergency management, planning, Master Plans, Studies, Volunteer Boards Financial Consideration: Resolution 15-066 established the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. There will be a fee assessed at $50 per event date. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Hearing Notice Location Map Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, July 9, 2024, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from the Brookings Area Chamber Downtown Committee to operate within the City of Brookings, South Dakota, to host a series of events on the 300 Block of 5th Street, and the 400 Block of Main Avenue, on August 1, 8, 15, 22 and 29, 2024. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 28th day of June, 2024. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ .