HomeMy WebLinkAbout2018_03_13 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"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!"
5:00 PMTuesday, March 13, 2018
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
5:00 PM STUDY SESSION
Location: Room 300, Community Room
1.ID 2018-0133 Policy discussion on format of proposed 2018-2022 Strategic Plan.
2018-2023 Strategic Plan - draftAttachments:
2.ID 2018-0135 Policy discussion on Tier I recommendations from the Affordable Housing
Task Force.
AHTF Final Report RecommendationsAttachments:
6:00 PM REGULAR MEETING
Location: Room 310, Chambers
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion, unless a member of the
Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
Page 1 City of Brookings
March 13, 2018City Council Meeting Agenda
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 2018-0136 Action to approve the February 27, 2018 City Council Minutes.
2/27/2018 CC MinutesAttachments:
3.C.ID 2018-0138 Action to appoint Lynn Darnall to the Brookings Health Systems Board of
Trustees.
3.D.RES 18-024 Action to approve Resolution 18-024, a Resolution amending the
Residential Contractor’s Licensing Fee for Certain Building Projects.
ResolutionAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
5.C.ID 2018-0134 Annual Report by Todd Kays, First District Planning and Development.
5.D.ID 2018-0058 Presentation of the City of Brookings Financial Report.
March Council Report 2017Attachments:
6. Contracts/Change Orders: None
7. Ordinance First Readings:
No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read
and the date for the public hearing is announced.
7.B.ORD 18-005 Introduction and First Reading on Ordinance 18-005, an Ordinance
Amending Chapter 26 of the Ordinances of the City of Brookings to include
the regulation of Transportation Network Companies in the City of
Brookings. Public Hearing: March 27, 2018.
Ordinance - marked versionAttachments:
Page 2 City of Brookings
March 13, 2018City Council Meeting Agenda
8. Public Hearings and Second Readings:
8.A.ORD 18-003 Second Reading on Ordinance 18-003, an Ordinance authorizing
Supplemental Appropriation #1 to the 2018 Budget.
OrdinanceAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
2/27/18 City Council read into the record
9. Other Business: None
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Adjourn.
Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City
Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats,
and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City
ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting.
Page 3 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 2018-0133,Version:1
Policy discussion on format of proposed 2018-2022 Strategic Plan.
Summary:
The City Council is scheduled to hold its annual strategic planning event in May. In the interest of
time and considering the expansiveness of the anticipated discussion topics concerning the
development of an updated Strategic Plan, staff has provided a format document for the Council’s
consideration. This document also anticipates a variety of policy areas that are being suggested as
topics to be included in the Plan for the Council’s deliberation.
It is recommended the Council have some general policy discussion on the suggested format and
policy topics to be included as a precursor to the May planning event. This will enable us to have
done some ‘advance’ work on the process so it can be essentially completed with the aid of our
facilitator in May.
Attachments:
2018-2023 Strategic Plan - draft
City of Brookings Printed on 3/8/2018Page 1 of 1
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2018-2023 STRATEGIC PLAN
City of Brookings, South Dakota
DRAFT
MISSION STATEMENT: 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.
VISION STATEMENT; We are an inclusive, diverse, connected community that fuels the creative class,
embraces sustainability, and pursues a complete lifestyle. We are committed to building a bright future
through dedication, generosity, and authenticity. Bring your dreams!
CORE VALUES: Honesty, integrity, and professionalism in providing public services with the highest
ideals of ethical behavior.
Transparency and Engagement in developing, deciding, and implementing public policy that strives to
serve the best interest of the ENTIRE community.
PILLAR A: Provide high quality delivery of basic, core public services that are
efficient and effective through a well-managed and high performing city
government.
--Public Safety:
police patrol, investigations, dispatching, fire response, protective inspections, code enforcement,
EMS/ambulance service {partner with BHS}
--Transportation:
street maintenance, airport/aviation services, shared-use bicycle-vehicle lanes, transit services {partner
with BATA}
--Utility Systems:
solid waste collection, disposal, recycling, resource recovery, stormwater management, water,
wastewater, electricity, communications, internet {partner with BMU}
--Facility/equipment maintenance:
parks, open spaces, trails/pathways, city building and structures, fleet maintenance and equipment
--Quality of Life/Leisure services:
recreation activities/programming, library services, Swiftel Center public event facility, retail liquor
operations, medical & senior housing services {Partner with BHS}
--Community & Economic development:
Planning & community design, engineering design & infrastructure development {partner with BMU},
zoning & subdivision administration/regulation, code enforcement, forestry/urban forests, economic
development, job/business expansion/creation {partner with BEDC, CVB, GP, C-C}
PILLAR B: Develop initiatives that promote and expand quality
community growth and economic strength that is diverse and
sustainable.
STRATEGIC INITIATIVE B-1:
Identify, develop, and implement program/projects to advance the creation and availability of
affordable housing for low-moderate income households for rental and owner-occupied units.
GOAL B-1-1:Develop plan for 10-unit housing project at 15th Ave./7th St.
GOAL B-1-2:?
STRATEGIC INITIATIVE B-2:
Provide for the planning, financing, and construction of East 20Th Street South Overpass/Interchange
with I-29.
GOAL B-2-1:Secure policy and funding commitments from desired partners.
GOAL B-2-2:Procurement of engineering consultant for IJR analysis.
GOAL B-2-3:?
STRATEGIC INITIATIVE B-3:
Promote economic expansion of retail, commercial, industrial, and tech-related development of new
and existing businesses.
GOAL B-3-1:Recruit businesses to SDSU Research Park.
GOAL B-3-2:Assist with retail development at Brookings Marketplace, Prairie Hills,
and Wilbert Square.
GOAL B-3-3:Provide for development plan for Wiese Business Park.
GOAL B-3-4:Recruit industrial businesses for build-out of Svennes Park.
GOAL B-3-5:?
STRATEGIC INITIATIVE B-4:
Plan for the comprehensive re-development/re-furbishment of existing city amenities; identify new
amenities.
GOAL B-4-1:Adopt plan and provide for refurbishment of Bob Shelden field.
GOAL B-4-2:Provide for re-furbishment of Dwiggins/Medary athletic complex and
identify opportunities for more softball fields.
GOAL B-4-3:Provide for expanded conference/meeting facilities at Swiftel Center to
position Brookings as major state destination for such events.
GOAL B-4-5:Finalize plans for indoor recreation complex.
GOAL B-4-6:Identify/budget next prioritized projects in bicycle master plan.
GOAL B-4-7:Investigate the need for replacement of refrigeration/HVAC system at
Larson Ice Center; and potential feasibility to add third sheet of ice.
GOAL B-4-8:Investigate feasibility of consolidated law enforcement center with
Brookings County Sheriff.
GOAL B-4-9:Identify/plan for extensions/connections of trail/pathway system
pursuant to Park & Trail Master Plan.
GOAL B-4-10:Determine fate of Downtown Armory building.
GOAL B-4-11:?
STRATEGIC INITIATIVE B-5: (BEDC initiative)
Develop a culture of innovation and entrepreneurship that provides a support system network and
pipeline of entrepreneurs to help increase small business start-ups.
GOAL B-5-1:?
STRATEGIC INITIATIVE B-6: (BEDC initiative)
Connect people with career opportunities by establishing a workforce development and supply system.
GOAL B-6-1:?
STRATEGIC INITIATIVE B-7:(CVB initiative)
Further develop Brookings as a major state destination for visitors for local hospitality industry.
GOAL B-7-1:Continue to renew and refresh the marketing and promotion initiatives
using the adopted brand as a staple.
GOAL B-7-2:Sponsor/support special events and activities to increase visitor traffic.
GOAL B-7-3:Recruit conference/meeting/small convention events.
GOAL B-7-4:Work with CVB on a visitor center.
GOAL B-7-4:?
STRATEGIC INITIATIVE B-8:
Adopt a revised Joint-Jurisdictional Zoning Ordinance with Brookings County and affected townships that
is consistent with the new Comprehensive Plan.
GOAL B-8-1:?
STRATEGIC INITIATIVE B-9:
Provide for the continuation of Gateway improvements on 6th Street from Main Av. to Medary Av.
GOAL B-9-1:?
PILLAR C: Develop initiatives that establish unique community
identity characteristics
STRATEGIC INITIATIVE C-1:
Continue to promote the advancement of human rights, inclusivity, and cultural diversity.
GOAL C-1-1:Continue sponsoring such events as MLK youth contests, Community
Common Read, Diversity pot-luck meal, Human Rights GLBTQ scoring,
etc.
GOAL C-1-2:?
STRATEGIC INITIATIVE C-2:
Continue to advance efforts that support appreciation and preservation of historic structures.
GOAL C-2-1:?
STRATEGIC INITIATIVE C-3:
Identify and implement initiatives aimed to improve the local environment that meets the needs of
present generation without compromising the ability of future generations through economic prosperity,
environmental integrity, and social/cultural vibrancy.
GOAL C-3-1:?
STRATEGIC INITIATIVE C-4:
Identify and implement initiatives aimed at advancingthe presence and public appreciation of public art.
GOAL C-4-1:?
STRATEGIC INITIATIVE C-5:
Identify the services available for persons with mental illness using a needs assessment, and propose
improvements to those services.
GOAL C-5-1:?
PILLAR B/C IMPLEMENTATION METRIC WORKSHEET:
Develop initiatives that promote and expand quality community growth and economic strength that is
diverse and sustainable.
SB-B/C-1:Lead Department:___________________
GOAL Lead Staff person Timeline
B/C-1-1
Key objectives
Outcomes
Performance Measures
Outputs
Goal comments & observations
------------------------------------------------------------------------------------------------------------------------------------------
B/C-1-2 Lead Staff person Timeline
Key objectives
Outcomes
Performance Measures
Outputs
Goal comments & observations
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 2018-0135,Version:1
Policy discussion on Tier I recommendations from the Affordable Housing Task Force.
Summary:
The City Council should have a more detailed policy discussion pertaining to the list of potential
recommended action steps identified by the Affordable Housing Task Force in their final report. More
detail in terms of policy direction is needed before any such recommendation can be implemented.
Councilor Bacon, as chair of the Task Force, will begin the conversation and members of the Task
Force have been invited to attend the study session.
Fiscal Impact:
Unknown at this time; depends upon specific policy programming of any selected item from the list of
recommendations.
Attachments:
AHTF Final Report Recommendations
City of Brookings Printed on 3/8/2018Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0136,Version:1
Action to approve the February 27, 2018 City Council Minutes.
Attachments:
2/27/2018 Minutes
City of Brookings Printed on 3/8/2018Page 1 of 1
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Brookings City Council
February 27, 2018
The Brookings City Council held a meeting on Tuesday, February 27, 2018 at 5:00 p.m.,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty
Bacon, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman,
and Deputy City Clerk Bonnie Foster were also present.
5:00 PM Study Session
Chris Lilla, Brookings County Director of Equalization, provided a review of the
Board of Equalization Process. Todd Langland, Director of Solid Waste Management,
and Bob McGrath, Sustainability Council Vice-Chair, provided information to the council
on Volume Based Collection Service.
5:45 p.m. Council Member Kidwiler left the meeting.
6:00 PM Regular Meeting
Consent Agenda. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne;
Absent: 1 – Kidwiler.
A. Action to approve the agenda.
B. Action to approve the February 13, 2018 City Council Minutes.
C. Action to appointment to the Traffic Safety Committee: Lewayne Erickson (term
expires 12/31/2018).
D. Action on a request to abate property taxes from Roger and Teresa Doyle
Maxwell, 521 12th St. So., #79 Normandy Village, in the amount of $55.93, legal
description: Block 2, Fairfields Addition.
E. Action on Resolution 18-009, a Resolution designating Election
Superintendents and Judges for the April 10, 2018 Combined Municipal / School
Board Election.
Resolution 18-009 - Appointment of Election Judges
Whereas, a City of Brookings Municipal Election will be held on April 10, 2018 for the
positions of one Mayor, two 3-year City Council members, one 1-year City Council
member, and two School Board members; and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
Whereas, the following superintendents and deputies are hereby appointed at a rate of
$12.50 per hour for Superintendents, $12.00 per hour for Judges, and a flat fee of
$25.00 for the April 9, 2018 Election School: RESOLUTION BOARD: David Peterson,
Larry Hult, and Ken Ahartz as Alternate; VOTE CENTER 1 – Brookings Activity Center:
Norma Linn, Superintendent, Kris Cooper, Carol Dusharm, Delores Canaday, and
LaVonne Kurtz; VOTE CENTER 2 – Bethel Baptist Church: Sue Knutzen,
Superintendent, Sharon Anderegg, Marilyn Foerster, Robert Bell, and Linda Thaden;
VOTE CENTER 3 – Faith Reformed Church: Bobbe Bartley, Superintendent, Ellen
Herrboldt, Betty Vaughn, Linda Schamp, and Debra Archer; VOTE CENTER 4 – Aurora
Little Hall: Ruth Anderson, Superintendent, Gloria Pike, and Ron Thaden;
ABSENTEE VOTE CENTER – Larry Hult, Superintendent, Ken Ahartz, and Bev
Carlson; ALTERNATES – Janet Seeley, Kathy Waddell, and Sue Sackman; ELECTION
NIGHT WORKER – Greg Witchey.
F. Action on Resolution 18-018, a Resolution authorizing the City Manager to
Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-030-
2018, Reconstruction of the General Aviation Apron and Hangar Taxilane Project.
Resolution 18-018 - Resolution Authorizing the City Manager
to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-030-
2018 Reconstruction of the General Aviation Apron and Hangar Taxilane Project
Whereas, the Brookings City Council desires South Dakota Department of
Transportation and FAA assistance with the Brookings Regional Airport Project
#3-46-0005-030-2018; and
Whereas, the City of Brookings desires professional services with Helms and
Associates Corporation for the design of the Reconstruction of the General Aviation
Apron and Hangar Taxilane Project.
Now, Therefore Be It Resolved that the City Manager of the City of Brookings is
authorized to sign the Agreement for Professional Services and other related
documents for AIP #3-46-0005-030-2018.
Resolution 18-014. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 18-014, a Resolution Awarding Bids on
2018-07STI, Freight on Board Asphalt Material, be approved. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne;
Absent: 1 – Kidwiler.
Resolution 18-014 - Resolution Awarding Bids on
Project 2018-07STI Freight On Board Asphalt Material
Whereas, the City of Brookings opened bids for Project 2018-07STI Freight On Board
Asphalt Material on Tuesday, February 20, 2018 at 1:30 pm at the Brookings City and
County Government Center; and
Whereas, the City of Brookings has received the following bid for Project 2018-07STI:
Bowes Construction Inc. $79,260.00.
Now Therefore, Be It Resolved that the low bid of $79,260.00 with Bowes Construction
Inc. be accepted.
Resolution 18-015. A motion was made by Council Member Hansen, seconded by
Council Member Wendell, that Resolution 18-015, a Resolution Awarding Bids on 2018-
06STI, Chip Seal Project, be approved. The motion carried by the following vote: Yes: 6
- Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
Resolution 18-015 - Resolution Awarding Bids
on Project 2018-06STI Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2018-06STI Chip Seal Project
on Tuesday, February 20, 2018 at 1:30 pm at the Brookings City and County
Government Center; and
Whereas, the City of Brookings has received the following bids for Project 2018-06STI
Chip Seal Project: Topkote, Inc. - $259,114.80; The Road Guy Construction Co., Inc. -
$262,500.00 and Bituminous Paving, Inc. - $315,630.00.
Now Therefore, Be It Resolved that the low bid of $259,114.80 for Topkote, Inc. be
accepted.
Resolution 18-017. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Resolution 18-017, a Resolution authorizing the City
Manager to Sign Wetland Functional Capacity Unit Credits Purchase Contract with
North Central Mitigation, be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
Resolution 18-017 - Resolution Authorizing the City Manager to sign
Wetlands Functional Capacity Unit Credits Purchase Contract
with North Central Mitigation
Whereas, the City of Brookings is desirous in obtaining a Section 404 Permit for the 15th
Street South and 7th Avenue South project, application number NOW-2014-1941-PIE;
and
Whereas, the U.S. Army Corps of Engineers, Omaha District, will require compensatory
off-site wetland mitigation as part of the project; and
Whereas, the Corps has authorized North Central Mitigation to complete the Mitigation
Requirement; and
Whereas, the North Central Mitigation agrees to sell 14.38 Functional Credit Unit
Credits for the purchase price of $179,750 for the City of Brookings project.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings authorizes
the City Manager to sign the Wetland Functional Capacity Unit Credits Purchase
Contract with North Central Mitigation.
FIRST READING - Ordinance 18-003. Introduction and First Reading was held on
Ordinance 18-003, an Ordinance authorizing Supplemental Appropriation #1 to the
2018 Budget. Second Reading: March 13, 2018.
Resolution 18-019. A public hearing was held on Resolution 18-019, a Resolution
Levying Assessment for Project No. 2017-01SWR, 2017 Sidewalk Repair Sites. A
motion was made by Council Member Hansen, seconded by Council Member Wendell
that Resolution 18-019 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
Resolution 18-019 - A Resolution Levying Assessment
for Project No. 2017-01SWR, 2017 Sidewalk Repair Sites
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2017-01SWR, 2017 Sidewalk Repair Sites.
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized by Resolution 16-045
and Resolution 17-061, which deems the work necessary and has found and
determined that the amount which each lot or tract will be benefited by the
construction of the sidewalk improvement heretofore designated as Concrete
Maintenance Project No. 2017-01SWR is the amount stated in the proposed
assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2017-01SWR is hereby
approved and the assessment thereby specified are levied against each and
every lot, piece or parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of
a statement of account by the City, shall be collected by the City in accordance
with the procedure for Plan One in Sections 9-43, South Dakota Compiled Laws
of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Resolution 18-020.A public hearing was held on Resolution 18-020, a Resolution
Levying Assessment for Alley Assessment Project 2017-05STA, Alley from 1st Street
South and 2nd Street South between 5th Avenue South and 6th Avenue South. A motion
was made by Council Member Wendell, seconded by Council Member Niemeyer, that
Resolution 18-020 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
Resolution 18-020 - Resolution Levying Assessment for Alley Assessment
Project 2017-05STA, Alley from 1
st Street South and 2nd Street South between 5th
Avenue South and 6
th Avenue South
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council adopted Resolution of Necessity 16-103 and has made all
investigation which it deems necessary and has found and determined that the
amount which each lot or tract will be benefited by the construction of the alley
improvement heretofore designated as Alley Assessment Project No. 2017-
05STA is the amount stated in the proposed assessment roll.
2. The assessment for Alley Assessment Project No. 2017-05STA is hereby
approved and the assessment thereby specified are levied against each and
every lot, piece or parcel of land thereby described.
3. The assessment shall be divided into five (5) equal annual installments for alleys.
4. Such assessments, unless paid within thirty (30) days after the date of mailing of
a statement of account by the City, shall be collected by the City in accordance
with the procedure for Plan One in Sections to 9-43-51, South Dakota Compiled
Laws of 1967, as amended.
5. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the
assessment.
Ordinance 18-001. A public hearing was held on Ordinance 18-001, an Ordinance
pertaining to a Conditional Use Permit to establish a mixed business/residential use for
an Ambulance Service in a Business B-2A Office District on the E 150’ of the W 454.32’
of Lot 1, Excluding the S 164.3’, Block 4, Maylands First Addition (along Yorkshire
Drive). A motion was made by Council Member Bacon, seconded by Council Member
Wendell, that Ordinance 18-001 be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 –
Kidwiler.
Ordinance 18-002. A public hearing was held on Ordinance 18-002, an Ordinance
rezoning Lot 1, Block 1, Christie Springs Addition; Block 4, Christie Third Addition; and a
portion of the NW ¼ of Section 2-T109N-R50W excluding all outlots and other platted
areas thereof and excluding the S 640’ of the N 1,062’ of the E 246’ in the NW ¼ of
Section 2-T109N-R50W from a Residence R-1C Single-Family, Residence R-3
Apartment, and Business B-2 District to a Residence R-1D Single-Family, Residence R-
2 Two-Family, and Residence R-3 Apartment District (Fox Run Addition). A motion was
made by Council Member Hansen, seconded by Council Member Niemeyer, that
Ordinance 18-002 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
Resolution 18-012. A public hearing was held on Resolution 18-012, a Resolution of
Intent to Lease to Northern Plains Power Technologies the following described property
in the Research and Technology Center, 807 32nd Ave., Brookings, SD. A motion was
made by Council Member Hansen, seconded by Council Member Wendell, that
Resolution 18-012 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Kidwiler.
Resolution 18-012 - Resolution of Intent to Lease Real Property
to Northern Plains Power Technologies
Be It Resolved by the governing body of the City of Brookings, South Dakota that the
City of Brookings intends to enter into a lease agreement with Northern Plains Power
Technologies on a month-to-month basis for a period not to exceed December 31, 2019
at a lease rate of $10.00 per square foot annually and pertaining to the following
described property: Research & Technology Center – 807 32
nd Avenue, Unit 2.
Be It Further Noted, that a Public Hearing on this Resolution was held on February 27,
2018 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that
all persons were given an opportunity to be heard on the Intent to Lease Real Property.
22nd Avenue Corridor Study Presentation. Rich Uckert, Banners Associates, Rick
Laughlin, HDR, and Lance McQueen, HDR, presented the 22nd Avenue Corridor Study
between Highway 14 Bypass and 20th Street South to the City Council and public.
Public Comment: Bob Johnson, Larry Holly, Jeff Vangerpen, McKinley Lang, Mike
Lockrem, and Dean Kattelman. No action was taken.
City Council Member introduction of topics for future discussion. Council Member
Bacon requested City staff review and report back on the barriers faced when
conducting rental inspections with respect to health and safety, and what it will take to
overcome those barriers.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Wendell, to adjourn the meeting at 7:12 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0138,Version:1
Action to appoint Lynn Darnall to the Brookings Health Systems Board of Trustees.
Summary:
Mayor Keith Corbett is recommending the appointment of Lynn Darnall to the Brookings Health
Systems Board of Trustees.
Brookings Health Systems Board of Trustees
Number of positions:1
Term Length:3 years
Residency Requirement:Must be a resident of Brookings County
Purpose: The Brookings Health System Board of Trustees is an administrative board responsible for
the planning, operation and evaluation of all hospital and nursing home programs, services and
related organizational activities consistent with the City Charter, Ordinance and facility by laws.
(Formerly called the “Brookings Hospital Board.”)
City of Brookings Printed on 3/8/2018Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 18-024,Version:1
Action to approve Resolution 18-024, a Resolution amending the Residential Contractor’s Licensing
Fee for Certain Building Projects.
Summary:
This resolution will authorize that the annual Residential Contractor’s Licensing Fee be waived for
Interlakes Community Action, Inc. and Habitat for Humanity.
Background:
The Brookings City Council previously adopted Resolution 17-109 on November 28, 2017, which
waived the Building Permit Fees and Moving Fees for Interlakes Community Action, Inc. and Habitat
for Humanity. The City also adopted a Residential Contractor’s Licensing program that started in
January, 2018 with an annual fee of $100.00. The City of Brookings has been supportive of
affordable housing projects and this resolution will waive the Residential Contractor’s License fee for
Interlakes Community Action, Inc. and Habitat for Humanity. Both groups will be required to apply for
the annual license, although the fee would be waived.
Fiscal Impact:
The City’s revenue will be reduced by $200 per year due to waiving the license fees.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 18-024
A Resolution Amending the Residential Contractor’s Licensing Fee
for Certain Building Projects
Whereas, the City desires to assist Interlakes Community Action, Inc. and Habitat for
Humanity with construction of affordable housing within the City of Brookings; and
Whereas, Interlaces Community Action, Inc. and Habitat For Humanity have
undertaken several affordable housing projects to serve the residents of the City of
Brookings.
Now, Therefore, Be It Resolved that the annual Residential Contractor’s Licensing Fee
be waived for Interlakes Community Action, Inc. and Habitat for Humanity.
Passed and approved this 13th day of March, 2018.
CITY OF BROOKINGS
___________________________
Keith W. Corbett, Mayor
ATTEST:
_______________________________
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0134,Version:1
Annual Report by Todd Kays, First District Planning and Development.
Summary:
Todd Kays, Executive Director of First District Planning and Development, will make a brief
presentation on the activities of First District.
City of Brookings Printed on 3/8/2018Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2018-0058,Version:1
Presentation of the City of Brookings Financial Report.
Summary:
The 2017 “unaudited” Annual Financial Report is a preview to the audited Financial Report. The
complete City audit will take place in April, and the final “audited” report will be presented to the
Council by June 30th.
Background:
As per SDCL 9-22-21, we are required to report to the governing body at the first regular meeting in
March the receipts, expenses, and financial condition of the municipality including where the City’s
funds are deposited. This report is unaudited and it is anticipated adjustments will be made. No
action is necessary; it is for public reporting purposes only.
Attachments:
March Council Report 2017
City of Brookings Printed on 3/8/2018Page 1 of 1
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General 2nd Penny Sales Other Governmental Total
Fund Tax Fund Funds Governmental Funds
Beginning Balance 14,672,159 3,677,966 3,935,484 22,285,609
Revenues and Other Sources:
Property Taxes 3,011,466 1,247,185 4,258,651
General Sales and Use Taxes 6,642,103 6,607,370 914,658 14,164,131
Amusement Taxes 1,536 1,536
911 Telephone Surcharge 361,246 361,246
Penalties and Interest on 303 303
Delinquent Taxes 3,480 452 3,932
Storm Drainage Tax 917,279 917,279
Licenses and Permits 268,969 268,969
Federal Grants 47,075 14,956 62,031
State Grants 56,537 1,549,682 1,606,219
State Shared Revenue:
Bank Franchise Tax 46,283 46,283
Liquor Tax Reversion 143,303 143,303
Highway and Bridge Fund 325,708 325,708
County Shared Revenue:
County Road Tax (25%) 3,979 3,979
County HBR Tax (25%) 122,622 122,622
County Wheel Tax 61,862 61,862
County E-911 96,500 96,500
County Payments in Lieu of Taxes 17,500 17,500
Charges for Goods and Services:
Public Safety 6,509 6,509
Public Works 1,350 1,350
Health 8,535 8,535
Culture and Recreation 422,261 2,162,075 2,584,336
Court Fines and Costs 89,604 89,604
Library 19,449 19,449
Investment Earnings (Loss) 74,147 21,203 21,008 116,358
Rentals 93,598 93,598
Special Assessments 200,653 200,653
Contributions and Donations
from Private Sources 129,086 352,887 481,973
Sale of Municipal Property 58,830 58,830
Proceeds from Debt 5,500,000 5,500,000
Liquor Operating Agreement Income 680,462 680,462
Other 626,269 242,772 869,041
Total Revenue and Other Sources 12,943,074 14,046,098 6,183,580 33,172,752
Expenditures and Other Uses:
Legislative 96,419 96,419
Executive 730,064 730,064
Financial Administration 651,134 4,933 656,067
Other General Government 1,159,306 48,000 1,207,306
Police 3,412,915 250,273 3,663,188
Fire 603,075 107,515 1,381,478 2,092,068
Other Protection 93,265 686,147 779,412
Highways and Streets 2,457,645 1,628,448 813,279 4,899,372
Engineer 608,882 608,882
Community Development 549,082 549,082
Animal Control 96,106 96,106
Recreation 729,127 729,127
Parks 2,583,533 573,107 3,156,640
Libraries 1,107,752 19,404 1,127,156
Auditorium 117,783 2,918,455 3,036,238
Museums 469,098 469,098
Economic Development and
Assistance (Industrial
Development) 5,887,405 873,771 6,761,176
Debt Service 2,496,049 579,032 3,075,081
Total Expenditures and Other Uses 14,878,305 11,004,571 7,849,606 33,732,482
Transfers In (Out)3,004,438 (2,428,166) 3,232,965 3,809,237
Increase/Decrease in Fund Balance 1,069,207 613,361 1,566,939 3,249,507
Ending Balance:
Unspendable 3,263,418 40,224 3,303,642
Restricted 58,490 1,551,557 1,364,894 2,974,941
Committed 3,918,640 2,739,770 4,003,932 10,662,342
Assigned 2,166,361 1,992,551 4,158,912
Unassigned 6,334,457 (1,899,178) 4,435,279
Governmental Long-term Debt 25,488,904
****** UNAUDITED ********
GOVERNMENTAL FUNDS
ANNUAL REPORT FOR CITY OF BROOKINGS
AS OF AND FOR THE YEAR ENDED DECEMBER 31, 2017
Other Enterprise
Electric Wastewater Health System Telephone Funds
Beginning Balance 41,990,483 24,006,029 66,303,191 39,153,713 63,961,486
Revenues 29,616,379 6,139,786 65,773,982 31,404,642 15,118,903
Expenses (24,592,931) (4,623,119) (59,750,831) (29,461,483) (10,752,917)
Transfers In (Out)(2,055,000) 0 0 (200,000) (1,554,237)
Ending Balance:
Restricted 29,470,994 13,524,122 40,672,846 24,405,777 41,377,667
Unrestricted 15,487,937 11,998,574 31,653,496 16,491,095 25,395,568
Long-term Debt 7,562,346 28,749,205 38,772,099 2,262,500 312,225
The preceding financial data does not include fiduciary funds or internal service funds. Information pertaining to those activities may be obtained by contacting
the municipal finance director at 697-8640.
Municipal funds are deposited as follows:
Depository Amount
First Bank & Trust 45,970,834
Wells Fargo 17,924,229
Dacotah 33,376,625
Metabank 957,144
Dakotaland Federal Credit Union 85,359
Great Western 23,730
Security National 172,579
SD FIT 6,200,017
Bank Star 7,390,004
First Bank & Trust Wealth Mgmt:
Deposits 10,672,160
Custodial Agent 11,830,394
PROPRIETARY FUNDS
****** UNAUDITED ********
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 18-005,Version:1
Introduction and First Reading on Ordinance 18-005, an Ordinance Amending Chapter 26 of the
Ordinances of the City of Brookings to include the regulation of Transportation Network Companies in
the City of Brookings. Public Hearing: March 27, 2018.
Summary:The enclosed Ordinance is an amendment to the current regulations of Transportation
Network Companies (TNC) in the City of Brookings.
The initial ordinance regulating TNCs was adopted on January 12, 2016, which was prior to any
statewide regulations or guidance. Since that time, the State adopted insurance requirements.
The primary changes are as follows:
1)Vehicle inspections by the City would no longer be required. The transportation network
company would require that a personal vehicle used to provide any prearranged ride comply
with all applicable laws and rules concerning vehicle equipment as required by SDCL 32-40-6.
2)Drivers would not be individually licensed by the City, nor would they provide their insurance
requirements.
3)Background checks will be conducted by the TNC company instead of the City. The TNC
would conduct a local and national criminal background check for each applicant that shall
include: Multi-state/multi-jurisdiction criminal records locator or other similar commercial
nationwide database with validation (primary source search); National Sex Offender Registry
database; and obtain and review a driving history research report for such individual.
4)The TNC company insurance requirements were modified to correspond with South Dakota
Codified Laws.
Background:
A “ride-sharing” or Transportation Network Company (TNC) is a company that uses an online-
enabled platform to connect passengers with drivers using their personal, non-commercial, vehicles.
TNCs do not actually provide transportation services, but only serve to connect the provider with the
user.
The TNC organizes “prearranged” transportation services by using a smart phone application to
connect for-hire drivers using their personal vehicles with riders. Industry leaders include, Uber, Lyft,
and Sidecar. Each of these companies retain a maximum of 20% of the fare the user pays with his or
her credit card through the app and forwards the remainder to the driver's account.
Rides from a TNC are requested via a smart phone app by a pre-registered customer. Customers
establish an online account with credit card payment information prior to requesting a ride and
download an “app” on their smart phone. Customers enter their location and desired destination.
City of Brookings Printed on 3/8/2018Page 1 of 2
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File #:ORD 18-005,Version:1
The app provides a map view of available drivers, real-time locations, and proximity to the customer.
Cash is never paid to the driver and there is no tipping.
TNC drivers set their own schedule and can use their personal vehicle. Drivers sign up online with
TNCs. The TNC conducts a motor vehicle and criminal background check.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
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Ordinance 18-005
An Ordinance Amending Division 5 of Chapter 26 of the Ordinances of the
City of Brookings and Pertaining to Transportation Network Companies in the
City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
DIVISION 5. - TRANSPORTATION NETWORK COMPANIES (TNC)
Sec. 26-280. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Digital network means any online-enabled application, software, website, or system
offered or utilized by a TNC that enables the prearrangement of rides with TNC drivers.
TNC driver means a person who drives a vehicle for a transportation network
company.
Personal vehicle means a vehicle that is used by a TNC driver and is: owned,
leased, or otherwise authorized for use by the TNC driver; and which is not a taxicab,
limousine or vehicle for hire.
Prearranged ride means the provision of transportation by a driver to a rider,
beginning when a driver accepts a ride requested by a rider through a digital network
controlled by a TNC, continuing while the driver transports a requesting rider, and
ending when the last requesting rider departs from the personal vehicle. A prearranged
ride does not include transportation provided by a taxicab or vehicle for hire.
Transportation network company or TNC means an entity licensed pursuant to this
chapter that uses a digital network to connect passengers to transportation network
company services provided by transportation network company drivers. A TNC shall not
be deemed to control, direct or manage the personal vehicles or TNC drivers, except
where agreed to by written contract.
Transportation network company driver or TNC driver means an individual who
operates a personal vehicle who:
(a) Receives connections to potential passengers and related services from a TNC
in exchange for payment of a fee to the TNC; and
(b) Uses a personal vehicle to offer or provide a prearranged ride to riders upon
connection through a digital network controlled by a transportation network
company in return for compensation or payment of a fee.
Sec. 26-281. - Requirements for a transportation network company.
(a) Compliance with State vehicle equipment laws Inspection required.No vehicle may
be operated by a TNC driver within the city until it has been thoroughly and carefully
tested and inspected and found to be in a safe condition for the transportation of
passengers..A transportation network company shall require that a personal vehicle
used to provide any prearranged ride shall comply with all applicable laws and rules
concerning vehicle equipment as required by SDCL 32-40-6. It is the duty of each
TNC driver to submit to the chief of police for inspection each vehicle at any time
upon complaint, and the police department may also inspect such TNC vehicles at
other times as it deems necessary.
(b) No street hails.A TNC driver shall not solicit or accept street hails.
(c) No cash trips.The TNC shall adopt a policy prohibiting solicitation or acceptance of
cash payments or other compensation directly from passengers and notify TNC
drivers of such policy. TNC drivers shall not solicit or accept cash payments or other
compensation directly from passengers. Any payment for TNC services shall be
made only electronically using the TNC's digital network or software application.
(d) Fare collected for services.On behalf of a TNC driver, a TNC may charge a fare for
the services provided to passengers; provided that, if a fare is collected from a
passenger, the TNC shall disclose to passengers the fare calculation method on its
website or within the software application service. The TNC shall also provide
passengers with the applicable rates being charged and the option to receive an
estimated fare before the passenger enters the TNC driver's vehicle.
(e) Identification of TNC vehicles and drivers.The TNC's software application or
website shall display a picture of the TNC driver, and the license plate number of
the motor vehicle utilized for providing the TNC service before the passenger enters
the TNC driver's vehicle.
(f) Electronic receipt.Within a reasonable period of time following the completion of a
trip, a TNC shall transmit an electronic receipt to the passenger on behalf of the
TNC driver that lists:
a. The origin and destination of the trip;
b. The total time and distance of the trip; and
c. An itemization of the total fare paid, if any.
(g) Records.A TNC shall maintain the following records:
a. Individual trip records of passenger customers for at least one year from the date
each trip was provided; and
b. Individual records of TNC driver customers at least until the one-year anniversary
of the date on which a TNC driver's customer relationship with the TNC has
ended.
(h) Record inspection authority.
a. The city has the authority to inspect the records of the TNC as necessary to
investigate an alleged crime or violation of this chapter; accident involving a TNC
driver; or for other good cause. The TNC shall cooperate with the city to facilitate
the exchange of relevant information required in an investigation. The city shall
provide advance written notice at least seven days prior to any inspection, which
shall be conducted at a mutually agreed upon third-party location, or pursuant to
court order, grand jury, or investigative subpoena.
b. Any record or information made available by the TNC to the city pursuant to this
chapter is confidential and proprietary, and shall not be made public without
TNC's express written permission. If the city is required to disclose confidential
information under court order or other applicable law, the city shall promptly
notify the TNC of such requirement, prior to disclosure, and shall make diligent
efforts to limit disclosure pursuant to any available basis in South Dakota open
records law or other applicable law.
Sec. 26-282. - Application for transportation network company license and license
insurance.
(a) License required.A person shall not operate a TNC in Brookings without first having
obtained a license from the city clerk. The city shall grant a TNC license if satisfied
that the applicant has complied with all of the terms and provisions of this chapter
and if the evidence submitted in support of the application meets the conditions
precedent to granting the license.
(b) Certificate of insurance.Before any TNC license is issued, or any existing license is
renewed, an insurance certificate or policy of insurance issued by a responsible
insurer providing the coverage required by section 26-283 covering the vehicles to
be operated by the TNC and TNC driver shall be filed with the city clerk. The policy
or certificate of liability insurance required by this ordinance shall be approved by the
city prior to issuance of the TNC license.
(b) License issuance.The city clerk shall issue a license to each applicant that meets
the requirements for a TNC set forth in this chapter, and pays to the city an annual
permit fee as established by resolution of the city. A licensing year, for the purposes
of this section, begins January 1 and ends December 31 of the next year.
(c) Application requirements.The application shall include:
(1) The name and address of applicant;
(2) Trade name if any under which the license is to be exercised;
(3) If a partnership, the name and address of each partner;
(4) If a corporation, the names and addresses of the officers;
(5) Description of the activity to be carried on under the license;
(6) The name and contact information for an agent to be maintained for service of
process in the State of South Dakota.
(7) The applicant provides proof of sales tax license if applicable.
(8) All required certificates of insurance.
(d) Identification of TNC drivers.At the time of initial licensing and on a quarterly basis,
a TNC shall submit to the city a list of driver's license numbers and the state of
issuance for each active driver.
Sec. 26-283. - Hold harmless/indemnification and Insurance requirements—
Transportation network company.
A TNC driver, or a TNC on the behalf of the TNC driver, shall maintain
automobile insurance pursuant to chapter 40 of Title 32 of the South Dakota Codified
Laws.
(a) Financial responsibility of transportation network companies.
(1) Indemnification and hold harmless.Transportation network companies must
agree to indemnify and hold the City of Brookings, its officers, agents, and
employees, harmless from and against any and all actions, suits, damages,
liability or other proceedings that may arise as the result of performing services
hereunder. This section does not require transportation network companies to
be responsible for or to defend against claims or damages arising solely from
errors or omissions of the City of Brookings, its officers, agents, or employees.
(2) Liability of transportation network company beyond required limits.This
ordinance does not limit the liability of a transportation network company arising
out of an automobile accident involving a TNC driver in any action for damages
against a transportation network company for an amount above the required
insurance coverage.
(3) General commercial liability insurance.Transportation network companies
shall maintain occurrence based commercial general liability insurance or
equivalent form with a limit of not less than $1,000,000.00 for each occurrence.
If such insurance contains a general aggregate limit, it shall apply separately to
this agreement or be no less than two times the occurrence limit. Such
insurance shall add the City of Brookings and its employees as additional
insureds.
(4) Workers compensation.Transportation network companies shall procure and
maintain workers' compensation and employers' liability as required by South
Dakota law.
(5) Required disclosures.A transportation network company shall disclose in
writing or electronic form to its TNC drivers, as part of its agreement with those
drivers, the insurance coverage and limits of liability that the transportation
network company provides while the driver uses a vehicle in connection with a
transportation network company's online-enabled application or platform and
shall advise its TNC driver that the driver's personal automobile insurance
policy may not provide coverage under the agreement.
(b) Automobile liability insurance.A transportation network company driver or
transportation network company on the driver's behalf shall maintain primary
automobile insurance that:
(1) Recognizes that the driver is a transportation network company driver or
otherwise uses a vehicle to transport passengers for compensation and covers
the driver:
a. While the driver is logged onto the transportation network company's
digital network; or
b. While the driver is engaged in a prearranged ride.
(2) The following automobile insurance requirements shall apply while a
participating transportation network company driver is logged onto the
transportation network company's digital network and is available to receive
transportation requests but is not engaged in a prearranged ride:
a. Transportation network companies shall maintain primary business
automobile liability insurance with a limit of not less than $1,000,000.00
each accident for death, bodily injury and property damage. Such insurance
shall include coverage for owned, hired, and non-owned vehicles.
b. Uninsured and underinsured motorist coverage at the minimum limits
required by SDCL § 58-11-9.4.
c. The coverage requirements of this subsection may be satisfied by any of the
following:
1. Automobile insurance maintained by the transportation network
company driver; or
2. Automobile insurance maintained by the transportation network
company; or
3. Any combination of subparagraphs c.1. and 2.
(3) The following automobile insurance requirements shall apply while a
transportation network company driver is engaged in a prearranged ride:
a. Transportation network companies shall maintain primary business
automobile liability insurance with a limit of not less than $1,000,000.00
each accident for death, bodily injury and property damage. Such insurance
shall include coverage for owned, hired, and non-owned vehicles.
b. Uninsured and underinsured motorist coverage at the minimum limits
required by SDCL § 58-11-9.4.
c. The coverage requirements of this subsection may be satisfied by any of the
following:
1. Automobile insurance maintained by the transportation network
company driver; or
2. Automobile insurance maintained by the transportation network
company; or
3. Any combination of subparagraphs c.1. and 2.
4) Any insurance maintained by driver in subsection (a) has lapsed or does not
provide the required coverage, insurance maintained by a transportation
network company shall provide the coverage required by subsection (a)
beginning with the first dollar of a claim and the transportation network company
shall have the duty to defend such claim.
(5) Coverage under an automobile insurance policy maintained by the
transportation network company shall not be dependent on a personal
automobile insurer first denying a claim nor shall a personal automobile
insurance policy be required to first deny a claim.
(6) Insurance required by subsection (a) may be placed with an insurer licensed in
the state or with a surplus lines insurer eligible under chapter 58-32 of the
South Dakota Insurance Code.
(7) A transportation network company driver shall carry physical or digital proof of
coverage satisfying subsection (a) at all times during the driver's use of a
vehicle in connection with a transportation network company's digital network.
In the event of an accident, a transportation network company driver shall
provide this insurance coverage information to the directly interested parties,
automobile insurers and investigating police officers, upon request pursuant to
chapter 32-35 of the South Dakota Insurance Code. Upon such request, a
transportation network company driver shall also disclose to directly interested
parties, automobile insurers, and investigating police officers, whether the
driver was logged onto the transportation network company's digital network or
on a prearranged ride at the time of an accident.
(8) In a claims coverage investigation, transportation network companies shall
cooperate to facilitate the exchange of relevant information with directly
involved parties and any insurer of the transportation network company driver if
applicable, including the precise times that a transportation network company
driver logged on and off of the transportation network company's digital network
in the 12-hour period immediately preceding and in the 12-hour period
immediately following the accident and disclose to one another a clear
description of the coverage, exclusions and limits provided under any
automobile insurance maintained under subsection (a).
(9) A TNC automobile insurance policy shall not be modified or canceled without 30
days' actual notice to the city clerk.
(10) The cancellation or other termination of any required automobile insurance
policy shall automatically revoke and terminate all licenses issued for the TNC,
unless another policy(ies), complying with this section, shall be provided and in
effect at the time of such cancellation or termination.
Sec. 26-284. - Transportation network company driver requirements.
a) License required.Transportation network company drivers shall be required to
obtain a license from the city. No person may drive a vehicle for a TNC without first
obtaining a license as a TNC driver.
(b) Age requirement.No TNC driver's license may be issued under the provisions of
this ordinance to any person who is under the age of 18 years.
(c) Application.Any person desiring a TNC driver's license required by this ordinance
shall make written application upon forms provided by the city clerk.
(d) Investigation of applicant by chief of police.Upon receiving a completed
application for a TNC driver's license required by this ordinance, the city clerk shall
promptly deliver the application to the chief of police, who may review the states of
prior residence, and the qualifications and fitness of the applicant to obtain a TNC
driver's license. Upon such inquiry, the police chief shall endorse upon the
application their recommendation for approval or disapproval of the application and
return the application to the city clerk. The chief of police shall consider whether the
applicant has a state driver's license that would authorize operation of a TNC
vehicle and whether the applicant has been convicted of a felony or misdemeanor
which has a reasonable relationship to driving a TNC vehicle.
(e) Licensing procedure.After the chief of police has returned the license application
to the city clerk, the issuance of such license shall be discretionary with the city
clerk and a license may be issued only upon the approval of the city clerk. The city
clerk shall consult, as necessary, the police chief concerning any applicant.
(f) Revocation.Any license or temporary permit issued under this division may be
revoked by the city clerk for a violation by the licensee of any applicable provision of
state law, city ordinance or rule or regulation of the city, or for other good cause.
(g) Notices to chief of police.The city clerk shall notify the chief of police of the
issuance or revocation of any license under the provisions of this ordinance.
(h)Display of license.Each holder of a license issued under this division shall
continuously display the license certificate in a conspicuous manner in the vehicle.
(i) If a TNC driver meets the requirements of this chapter, a TNC may allow access
for that TNC driver to the TNC's digital network. Before allowing an individual to
accept trip requests through a TNC's digital platform:
(a) Before allowing an individual to accept trip requests through a TNC's digital
platform:
(1) The individual shall submit an application to the TNC, which includes information
regarding the proposed TNC driver’s his or her address, age, driver's license,
driving history, motor vehicle registration, automobile liability insurance, and
other information required by the TNC;
(2) The TNC shall have a third party conduct a local and national criminal
background check for each applicant that shall include:
a. Multi-state/multi-jurisdiction criminal records locator or other similar
commercial nationwide database with validation (primary source search);
and
b. National Sex Offender Registry database;
c. The TNC shall review the results of (2a) and (2b) above for such individual
prior to allowing an individual to accept trip requests.
(3) The TNC shall obtain and review a driving history research report for such
individual prior to allowing an individual to accept trip requests.
(b) The TNC shall not permit an individual to act as a TNC driver on its digital platform
who:
(1) Has had more than three traffic offenses in the prior three-year period, or one
major violation in the prior three-year period (including, but not limited to,
attempting to elude the police, reckless driving, hit/run or leaving the scene, or
driving on a suspended or revoked license);
(2) Has been convicted, within the past seven years, of driving under the influence
of drugs or alcohol, fraud, sexual offenses, indecent exposure (class 1
misdemeanor), use of a motor vehicle to commit a felony, a crime involving
property damage, and/or theft, crimes of violence, felony possession/distribution
of controlled substances or acts of terror;
(3) Is a match in the National Sex Offender Registry database;
(4) Does not possess a valid driver's license;
(5) Does not possess proof of registration for the motor vehicle(s) used to provide
TNC services;
(6) Does not possess proof of automobile liability insurance for the motor vehicle(s)
used to provide TNC services; or
(7) Is not at least 18 years of age.
(c) The TNC shall prohibit the use or influence of drugs or alcohol by a driver while
providing TNC services requested through the TNC's digital platform. If a TNC
receives a complaint of such drug or alcohol influence or other activity prohibited in
section 26-284, the TNC shall:
(1) Immediately revoke the driver's access to the TNC's digital platform until the
duration of the investigation; and
(2) If the complaint is found to be true, the TNC shall permanently revoke the
driver's access to the TNC's digital platform. If the complaint is found to be
untrue, the driver's access to the TNC's digital platform may be immediately
reinstalled.
Secs. 26-285—26-310. - Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:March 13, 2018
Second Reading:March 27, 2018
Published:
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 18-003,Version:2
Second Reading on Ordinance 18-003, an Ordinance authorizing Supplemental Appropriation #1 to
the 2018 Budget.
Summary:
This ordinance will amend the 2018 Budget 1) to carryover items from the 2017 budget, 2) to change
certain amounts budgeted in 2018, and 3) to distribute the COLA that was unknown at time of the
budget, from the contingency fund, to the departments.
Background:
The first portion of the amendment (Part 1) allocates expenditures for projects or purchases, which
were budgeted in 2017, but were not completed by December 31, 2017.
The second portion of the amendment (Part 2) makes adjustments to the 2018 Budget for various
revenue and expenditures. The amendment includes the following:
·Provide funds from contingency for unexpected repairs to the ice refrigeration system at
Larson Ice Arena.
·Allow for transfer of remaining cash from the S. Fire Station Capital Project Fund to the 25%
Sales and Use Tax fund once the landscaping is complete.
·Provides an additional $7,000 to be spend to complete the Medary Ave Railroad crossing
signal.
·Provides for a private donation of and the spending of funds to purchase Christmas
decorations for 6th Street.
·Provides for $574,172 to be spent from the 3rd B Sales Tax Fund on the remodel of the County
Resources Center as approved by City Council January 9, 2018.
·Provides for a transfer of cash from the Bel Debt Service Fund to the Bel Project Fund to pay
outstanding bills and allow for an additional expenditure of $5,000 to complete the Bel
Digester Project.
·Provides for reallocating some Airport Funds and a reduction of Runway Funds that were
spent in 2017.
The third portion of the amendment (Part 3) allocates the negotiated COLA to the department
budgets. At the time the 2017 Budget was prepared and presented to Council, negotiations with the
collective bargaining units were not complete and the COLA was not determined. Extra money was
budgeted in the contingency account to be distributed after the negotiations were completed.
Fiscal Impact:
Part 1 - No impact, carryover items budgeted in 2017 that were not completed
Part 2 -General Fund net impact $ -0-
Special Revenue Funds net impact $457,582
City of Brookings Printed on 3/8/2018Page 1 of 2
powered by Legistar™
File #:ORD 18-003,Version:2
Debt Service Fund net impact $ 33,300
Capital Project Funds net impact $ 95,700
Enterprise Funds net impact ($ 53,782)
Total Net Fiscal Impact $532,800
Part 3 - No impact, moving money budgeted in contingency to department budgets.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
City of Brookings Printed on 3/8/2018Page 2 of 2
powered by Legistar™
Ordinance 18-003
An Ordinance Authorizing a Supplemental Appropriation to the 2018 Budget
Be It Ordained by the City of Brookings, South Dakota:
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due.
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized
to make the following budget adjustments to the 2018 Budget:
Part 1.
Change
Increase
General Fund (Decrease)Reason
General Fund Expenditures
101-416-5-940-15 Other Capital - Finance 8,000.00 Carryover funds for Springbrook Server
101-418-5-422-03 Consulting/Engineering 60,745.00 Carryover funds to complete Comprehensive Plan
101-452-5-422-03 Consulting/Engineering 80,000.00 Carryover funds for Bob Shelden Project
101-452-5-940-00 Other Capital 252,000.00 Carryover funds for Sexauer Park Bathrooms
Total GF expenditures rolled over from 2017 400,745.00
25% Sales & Use Tax
212-000-5-960-00 Street & Sidewalk Improve 11,392.00 Carryover funds for signal project
75% Sales & Use Tax
213-000-5-911-01 Railroad Crossing Arms 2,687.00 Carryover funds for railroad crossing arms Medary
213-000-5-960-00 Street & Sidewalk Improve 7,820.00 Carryover funds for signal project
213-000-5-960-01 STP Project Improvements 63,901.00 Carryover funds for 22nd Ave Corridor Study
Total 75% S&U Tax expenditures rolled from 2017 74,408.00
Storm Drainage
282-000-5-980-00 Storm Sewer Improvement 970,000.00 Carryover funds for 15th St S/7th Ave S
South Fire Station Capital Project Fund
505-000-5-433-01 Project Expense 5,000.00 Carryover funds to complete project
Gateway Capital Project Fund
520-000-5-422-03 Consulting 32,400.00 Carryover funds for Gateway Project
520-000-5-426-06 Horticulture Supplies 37,500.00 Carryover funds for Gateway Project
520-000-5-428-04 Street Lights 283,000.00 Carryover funds for Gateway Project
520-000-5-940-00 Other Capital 107,000.00 Carryover funds for Gateway Project
Total Gateway Proj expenditures rolled from 2017 459,900.00
S Main Ave-26th St S-20th St S Project
523-0005-940-00 Other Capital 952,311.00 Carryover funds for 20th St S project
Airport Fund
606-000-5-940-00 Other Capital 355,709.00 Carryover funds for Runway 17-35 Project
Part 2
Change
Increase
(Decrease)Reason
General Fund
101-405-5-856-99 Contingency Fund (41,500.00) Move to Department per negotiations COLA
101-453-5-425-04 Maintenance Equipment 41,500.00 To repair ice refrigeration system and replace freon at LIC
25% Sales & Use Tax
212-000-6-700-17 Transfer In 124,000.00 To close Fire Station Proj Fund and move remaining cash back
75% Sales & Use Tax
213-000-5-911-01 Railroad Crossing Arms 7,000.00 To budget for additional funds needed to complete Medary Ave
3rd B Tax
284-000-4-441-09 Miscellaneous Revenue 2,790.00 To provide funds for private donation for Christmas decorations
284-000-5-856-11 Christmas Decorations 3,200.00 To purchase Christmas decorations with donated funds
284-000-5-999-47 Special Projects - CRC Remodel 574,172.00 To provide funds for remodel of recently purchased CRC
Total 3rd B Tax increase in expenditure 577,372.00
TIF # 6 Bel Digester
319-000-7-899-17 Transfer to Digester Project Fund 33,300.00 Transfer to Bel Capital Project to pay last bills
South Fire Station
505-000-7-899-00 Transfer Out 124,000.00 To close fund and transfer remaining cash back to 25% tax fund
Bel Digester
522-000-6-700-00 Transfer in Debt Service 33,300.00 Transfer in from Debt Service Fund to pay last project bills
522-000-5-433-01 Project Expense 5,000.00 To provide funds to finish project
Airport
606-000-5-940-00 Other Capital (1,900.00) Move funds to Cap less that $5,000 to purchase furniture
606-000-5-950-01 Capital less than $5,000 1,900.00 Move funds to Cap less that $5,000 to purchase furniture
606-000-5-970-00 Runway Improvements (53,782.00) Reduce funds by amount spend in 2018
Total Airport decrease in expenditures (53,782.00)
Part 3
Change
Increase
General Fund Expenditures (Decrease)Reason
101-403-5-101-00 Regular Pay 11,712.92 Move from contingency per negotiations COLA
101-406-5-101-00 Regular Pay 5,032.38 Move from contingency per negotiations COLA
101-414-5-101-00 Regular Pay 3,187.29 Move from contingency per negotiations COLA
101-415-5-101-00 Regular Pay 5,934.03 Move from contingency per negotiations COLA
101-416-5-101-00 Regular Pay 2,407.23 Move from contingency per negotiations COLA
101-418-5-101-00 Regular Pay 6,683.49 Move from contingency per negotiations COLA
101-419-5-101-00 Regular Pay 7,363.74 Move from contingency per negotiations COLA
101-421-5-101-00 Regular Pay 48,458.44 Move from contingency per negotiations COLA
101-422-5-101-00 Regular Pay 4,928.88 Move from contingency per negotiations COLA
101-431-5-101-00 Regular Pay 15,553.55 Move from contingency per negotiations COLA
101-442-5-101-00 Regular Pay 1,156.90 Move from contingency per negotiations COLA
101-448-5-101-00 Regular Pay 367.01 Move from contingency per negotiations COLA
101-449-5-101-00 Regular Pay 1,203.84 Move from contingency per negotiations COLA
101-451-5-101-00 Regular Pay 2,142.92 Move from contingency per negotiations COLA
101-452-5-101-00 Regular Pay 9,802.33 Move from contingency per negotiations COLA
101-453-5-101-00 Regular Pay 3,203.23 Move from contingency per negotiations COLA
101-454-5-101-00 Regular Pay 5,319.63 Move from contingency per negotiations COLA
101-455-5-101-00 Regular Pay 11,132.82 Move from contingency per negotiations COLA
101-405-5-856-99 Contingency Fund (181,986.79)Move to Department per negotiations COLA
Special Revenue Expenditures
214-000-5-101-00 Regular Pay 9,315.81 Move from contingency per negotiations COLA
282-000-5-101-00 Regular Pay 1,358.28 Move from contingency per negotiations COLA
Enterprise Expenses
601-000-5-101-00 Regular Pay 5,011.86 Move from contingency per negotiations COLA
606-000-5-101-00 Regular Pay 2,828.79 Move from contingency per negotiations COLA
607-000-5-101-00 Regular Pay 3,123.36 Move from contingency per negotiations COLA
612-000-5-101-00 Regular Pay 7,102.48 Move from contingency per negotiations COLA
625-000-5-101-00 Regular Pay 7,655.58 Move from contingency per negotiations COLA
Total All Fund Types (0.00)
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading:February 27, 2018
Second Reading:March 13, 2018
Published:March 16, 2018
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk