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HomeMy WebLinkAbout2024_09_30 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 PMMonday, September 30, 2024 Special City Council Meeting 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 SPECIAL 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. Public Hearings and Second Readings: Public Hearing and Action on amended Ordinance 24-031, an Ordinance establishing Reasonable Accommodations Pursuant to the Federal Fair Housing Amendments Act of 1988. ORD 24-0315.A. Page 1 City of Brookings September 30, 2024City Council Meeting Agenda - Final Memo Ordinance - amended Ordinance – proposed changes 9/24/2024 CC Meeting Ordinance - original Hearing Notice - City Council Hearing Notice - City Council Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 8/27/24 City Council read into the record 9/10/24 City Council approved 9/10/24 City Council tabled 9/24/24 City Council removed from the table 9/24/24 City Council approved as amended 9/24/24 City Council amended 6. 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. 7. 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 2 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 #:ORD 24-031,Version:4 Public Hearing and Action on amended Ordinance 24-031, an Ordinance establishing Reasonable Accommodations Pursuant to the Federal Fair Housing Amendments Act of 1988. Summary and Recommended Action: Staff recommends approval of ordinance establishing procedure to address requests for reasonable accommodations for persons with disabilities pursuant to the Federal Fair Housing Amendments Act of 1988. Attachments: Memo Ordinance - amended Ordinance - proposed changes - 9/24/2024 CC Meeting Ordinance - original Hearing Notice - City Council Hearing Notice - City Council City of Brookings Printed on 9/26/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Steve Britzman, City Attorney Council Meeting: August 27, 2024 / September 10, 2024 (TABLED) / September 24, 2024 (amended) / September 30, 2024 Subject: Ordinance 24-031: Establishing Reasonable Accommodations pursuant to the Federal Fair Housing Amendments Act of 1988 Presenter: Steve Britzman, City Attorney Summary and Recommended Action: An ordinance establishing a procedure to address requests for reasonable accommodations for persons with disabilities pursuant to the Federal Fair Housing Amendments Act of 1988 is presented. Item Details: Ordinance No. 24-031 is intended to establish a policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations in the application of its ordinances for disabled persons who are seeking fair and equal access to housing in the city. The proposed ordinance establishes a process for making and acting upon requests for reasonable accommodations. The proposed Ordinance provides definitions of Reasonable Accommodation, Disability or disabled, and Sober house. Instructions are provided for persons requesting accommodation, hearing procedure by the City Council, and factors which the City Council will use to evaluate requests for reasonable accommodation on behalf of persons with disabilities. Legal Considerations: The City Attorney has prepared / reviewed the proposed Ordinance. Strategic Plan Considerations:  Safe, Inclusive & Connected Community. The adoption of an Ordinance establishing a procedure to consider requests for reasonable accommodation for persons with disabilities furthers the desire to provide a safe, inclusive and connected community by addressing the needs of persons with disabilities who are seeking fair and equal access to housing in the City.  Service and Innovation Excellence. The City of Brookings will further the accessible environment by providing a mechanism for those with disabiliti es to request accommodation through a hearing procedure which establishes a transparent procedure and public input concerning the request for accommodation. Financial Considerations: None Supporting Documentation: Ordinance – amended Ordinance – proposed changes 9/24/2024 CC Meeting Ordinance – original Hearing Notice – City Council Hearing Notice – City Council ORDINANCE 24-031 AN ORDINANCE ESTABLISHING REASONABLE ACCOMMODATIONS PURSUANT TO THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988 BE IT ORDAINED AND ADOPTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 1-13. Reasonable accommodations for persons with disabilities. (a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations in the application of its ordinances for disabled persons who are seeking fair and equal access to housing in the city. The purpose of this Section is to establish a process for making and acting upon requests for reasonable accommodations. (b) Definitions. For purposes of this Section, the following terms will have the meanings provided below: a. Reasonable accommodation. A “reasonable accommodation” is the provision to a disabled individual (or to a provider or developer of housing for disabled individuals) of flexibility in the application of land-use and zoning regulations or policies, including via the modification or waiver of certain requirements, if such modification or waiver is necessary to eliminate barriers to housing opportunities. b. Disability or disabled. An individual is “disabled” or suffers from a “disability” if he or she would qualify under the definitions of those terms in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations. (c) Request for accommodation. A disabled individual, the representative of a disabled individual, or a developer or provider of housing for disabled individuals may request a reasonable accommodation in the application of a city ordinance using an application form provided by the city. Such application form will be publicly available on the city’s website and at the office of the city’s community development department. The application will include a detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person, including (i) information establishing that the applicant (or, as applicable, the individual on whose behalf the applicant is requesting accommodation) is disabled; (ii) information demonstrating the burden the existing city ordinance places on efforts to accommodate the disabled individual; (iii) information outlining in detail the terms of the requested accommodation, and 4895-3163-0296, v. 1 (iv) if the application is submitted on behalf of a group of disabled individuals, the number of individuals to be housed and why that number is necessary to accommodate each individual. If a project for which the request is being made also requires an additional land-use review or approval, the applicant must file the request concurrently with the land-use review. The application may be accompanied by any other documentary evidence that the applicant reasonably believes may be pertinent to evaluating the applicant’s requested accommodation. A completed application must be submitted to the Community Development Department, who in turn will promptly transmit the application and any accompanying materials to the city council. (d) Hearing before city council. a. Upon city council’s receipt of an application for accommodation, the application will be scheduled for a hearing at the next regularly scheduled city council meeting that is at least 15 days from the date of the council’s receipt of the request for accommodation. b. Notice of the hearing at which the city council will evaluate the request will be mailed at least 10 days before the meeting at which such hearing will be held to the owners of all properties located within 250 feet of the property subject to the request. c. At the hearing, the city council will evaluate the request according to the following factors: (i) whether the applicant or the individuals whom the applicant represents are disabled; (ii) whether the request is needed to allow the disabled individual equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as an individual without disabilities; (iii) whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the requested accommodation meets the stated need, and other alternatives that may meet that need; (iv) whether the request would fundamentally alter the city’s zoning scheme; (v) whether the request would impose an undue financial or administrative burden on the city; and (vi) any other factors that may have bearing on the request, as determined by the city. At the conclusion of this hearing, the city council will grant or deny the request. d. In the course of evaluating the petition at the hearing, the city council may consider, in addition to the application and the materia ls submitted alongside it, any additional documentary evidence presented by the applicant and the oral or written testimony of the applicant and of any other interested persons. At all times, the applicant has the burden to prove by a preponderance of the evidence that it is entitled to the accommodation. 4895-3163-0296, v. 1 (e) Nature of approval. An approved request is granted only to the applicant and does not run with the land unless the city determines (i) that the accommodation would be physically integrated into the residential structure and cannot easily be removed or altered or (ii) that the accommodation is to be used by another individual with a disability. The city council must make this finding on the record during the meeting at which the request is approved. (f) Amendments. Proposed amendments to any reasonable accommodation provided by the city must be presented and processed in the same manner as an original request. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: August 27, 2024 SECOND READING: September 10, 2024 TABLED SECOND READING: September 24, 2024 AMENDED THIRD READING AND ADOPTION: September 30, 2024 PUBLISHED: October 1, 2024 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Proposed Changes ORDINANCE 24-031 AN ORDINANCE ESTABLISHING REASONABLE ACCOMMODATIONS PURSUANT TO THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988 BE IT ORDAINED AND ADOPTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 1-13. Reasonable accommodations for persons with disabilities. (a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations in the application of its ordinances for disabled persons who are seeking fair and equal access to housing in the city. The purpose of this Section is to establish a process for making and acting upon requests for reasonable accommodations. (b) Definitions. For purposes of this Section, the following terms will have the meanings provided below: a. Reasonable accommodation. A “reasonable accommodation” is the provision to a disabled individual (or to a provider or developer of housing for disabled individuals) of flexibility in the application of land-use and zoning regulations or policies, including via the modification or waiver of certain requirements, if such modification or waiver is necessary to eliminate barriers to housing opportunities. b. Disability or disabled. An individual is “disabled” or suffers from a “disability” if he or she would qualify under the definitions of those terms in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations. c. Sober house. A “sober house” is a residential dwelling designed to support the sobriety of all the residents who reside there and in which all such residents are unsupervised by any third party and are instead jointly responsible for the day-to-day affairs and management of the dwelling. (c) Request for accommodation. A disabled individual, the representative of a disabled individual, or a developer or provider of housing for disabled individuals may request a reasonable accommodation in the application of a city ordinance using an application form provided by the city. Such application form will be publicly available on the city’s website and at the office of the city’s community development department. The application will include a detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person, including (i) information establishing that the applicant (or, as applicable, the individual on whose behalf the applicant is requesting accommodation) is disabled; (ii) information demonstrating the burden the existing city ordinance places on efforts to accommodate the disabled individual; (iii) information outlining in detail the terms of the requested accommodation, and (iv) if the application is submitted on behalf of a group of disabled individuals, the number of individuals to be housed and why that number is necessary to accommodate each individual. If a project for which the request is being made also requires an additional land-use review or approval, the applicant must file the request concurrently with the land-use review. The application may be accompanied by any other documentary evidence that the applicant reasonably believes may be pertinent to evaluating the applicant’s requested accommodation. A completed application must be submitted to the Community Development Department, who in turn will promptly transmit the application and any accompanying materials to the city council. (d) Hearing before city council. a. Upon city council’s receipt of an application for accommodation, the application will be scheduled for a hearing at the next regularly scheduled city council meeting that is at least 15 days from the date of the council’s receipt of the request for accommodation. b. Notice of the hearing at which the city council will evaluate the request will be mailed at least 10 days before the meeting at which such hearing will be held to the owners of all properties located within 250 feet of the property subject to the request. c. At the hearing, the city council will evaluate the request according to the following factors: (i) whether the applicant or the individuals whom the applicant represents are disabled; (ii) whether the request is needed to allow the disabled individual equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as an individual without disabilities; (iii) whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the requested accommodation meets the stated need, and other alternatives that may meet that need; (iv) whether the request would fundamentally alter the city’s zoning scheme; (v) whether the request would impose an undue financial or administrative burden on the city; and (vi) any other factors that may have bearing on the request, as determined by the city. At the conclusion of this hearing, the city council will grant or deny the request. d. In the course of evaluating the petition at the hearing, the city council may consider, in addition to the application and the materials submitted alongside it, any additional documentary evidence presented by the applicant and the oral or written testimony of the applicant and of any other interested persons. At all times, the applicant has the burden to prove by a preponderance of the evidence that it is entitled to the accommodation. (e) Nature of approval. An approved request is granted only to the applicant and does not run with the land unless the city determines (i) that the accommodation would be physically integrated into the residential structure and cannot easily be removed or altered or (ii) that the accommodation is to be used by another individual with a disability. The city council must make this finding on the record during the meeting at which the request is approved. (f) Amendments. Proposed amendments to any reasonable accommodation provided by the city must be presented and processed in the same manner as an original request. (g) Limitation for sober houses. No sober house granted a reasonable accommodation under this Ordinance may be located within 1,000 feet of another sober house that has been granted a reasonable accommodation. This distance will be measured from the property line of each property that is closest to the other property. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: August 27, 2024 SECOND READING: Tabled to September 24, 2024 THIRD READING: October 8, 2024 PUBLISHED: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ORDINANCE 24-031 AN ORDINANCE ESTABLISHING REASONABLE ACCOMMODATIONS PURSUANT TO THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988 BE IT ORDAINED AND ADOPTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 1-13. Reasonable accommodations for persons with disabilities. (a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations in the application of its ordinances for disabled persons who are seeking fair and equal access to housing in the city. The purpose of this Section is to establish a process for making and acting upon requests for reasonable accommodations. (b) Definitions. For purposes of this Section, the following terms will have the meanings provided below: a. Reasonable accommodation. A “reasonable accommodation” is the provision to a disabled individual (or to a provider or developer of housing for disabled individuals) of flexibility in the application of land-use and zoning regulations or policies, including via the modification or waiver of certain requirements, if such modification or waiver is necessary to eliminate barriers to housing opportunities. b. Disability or disabled. An individual is “disabled” or suffers from a “disability” if he or she would qualify under the definitions of those terms in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations. c. Sober house. A “sober house” is a residential dwelling designed to support the sobriety of all the residents who reside there and in which all such residents are unsupervised by any third party and are instead jointly responsible for the day-to-day affairs and management of the dwelling. (c) Request for accommodation. A disabled individual, the representative of a disabled individual, or a developer or provider of housing for disabled individuals may request a reasonable accommodation in the application of a city ordinance using an application form provided by the city. Such application form will be publicly available on the city’s website and at the office of the city’s community development department. The application will include a detailed explanation of why the modification is reasonably necessary to make the specific housing 4895-3163-0296, v. 1 available to the person, including (i) information establishing that the applicant (or, as applicable, the individual on whose behalf the applicant is requesting accommodation) is disabled; (ii) information demonstrating the burden the existing city ordinance places on efforts to accommodate the disabled individual; (iii) information outlining in detail the terms of the requested accommodation, and (iv) if the application is submitted on behalf of a group of disabled individuals, the number of individuals to be housed and why that number is necessary to accommodate each individual. If a project for which the request is being made also requires an additional land-use review or approval, the applicant must file the request concurrently with the land-use review. The application may be accompanied by any other documentary evidence that the applicant reasonably believes may be pertinent to evaluating the applicant’s requested accommodation. A completed application must be submitted to the Community Development Department, who in turn will promptly transmit the application and any accompanying materials to the city council. (d) Hearing before city council. a. Upon city council’s receipt of an application for accommodation, the application will be scheduled for a hearing at the next regularly scheduled city council meeting that is at least 15 days from the date of the council’s receipt of the request for accommodation. b. Notice of the hearing at which the city council will evaluate the request will be mailed at least 10 days before the meeting at which such hearing will be held to the owners of all properties located within 150 feet of the property subject to the request. c. At the hearing, the city council will evaluate the request according to the following factors: (i) whether the applicant or the individuals whom the applicant represents are disabled; (ii) whether the request is needed to allow the disabled individual equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as an individual without disabilities; (iii) whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the requested accommodation meets the stated need, and other alternatives that may meet that need; (iv) whether the request would fundamentally alter the city’s zoning scheme; (v) whether the request would impose an undue financial or administrative burden on the city; and (vi) any other factors that may have bearing on the request, as determined by the city. At the conclusion of this hearing, the city council will grant or deny the request. d. In the course of evaluating the petition at the hearing, the city council may consider, in addition to the application and the materials submitted alongside it, any additional documentary evidence presented by the applicant and the oral or written testimony of the applicant and of any 4895-3163-0296, v. 1 other interested persons. At all times, the applicant has the burden to prove by a preponderance of the evidence that it is entitled to the accommodation. (e) Nature of approval. An approved request is granted only to the applicant and does not run with the land unless the city determines (i) that the accommodation would be physically integrated into the residential structure and cannot easily be removed or altered or (ii) that the accommodation is to be used by another individual with a disability. The city council must make this finding on the record during the meeting at which the request is approved. (f) Amendments. Proposed amendments to any reasonable accommodation provided by the city must be presented and processed in the same manner as an original request. (g) Limitation for sober houses. No sober house granted a reasonable accommodation under this Ordinance may be located within 1,000 feet of another sober house that has been granted a reasonable accommodation. This distance will be measured from the property line of each property that is closest to the other property. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: August 27, 2024 SECOND READING: September 10, 2024 TABLED SECOND READING: September 24, 2024 PUBLISHED: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 24-031 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, September 10, 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 2 4-031, an Ordinance establishing Reasonable Accommodations pursuant to the Federal Fair Housing Amendments Act of 1988. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 30th day of August, 2024. CITY OF BROOKINGS, SD Bonnie Foster, City Clerk Published one time at an approximate cost: $ . NOTICE OF PUBLIC HEARING Ordinance 24-031 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, September 24, 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 24-031, an Ordinance establishing Reasonable Accommodations pursuant to the Federal Fair Housing Amendments Act of 1988. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 13th day of September, 2024. CITY OF BROOKINGS, SD Bonnie Foster, City Clerk Published one time at an approximate cost: $ .