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Home My WebLink About2018_10_23 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!" Council Chambers6:00 PMTuesday, October 23, 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. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2018-0466 Action to approve the October 9, 2018 City Council Minutes. 10/09/2018 MinutesAttachments: 3.C.RES 18-087 Action on Resolution 18-087, a Resolution Removing Uncollectible Accounts Receivable from the Records. ResolutionAttachments: 3.D.RES 18-086 Action on Resolution No. 18-086, a Resolution Cancelling Certain Page 1 City of Brookings October 23, 2018City Council Meeting Agenda Outstanding Checks. ResolutionAttachments: 3.E.ID 2018-0467 Action on Brookings Health System Board of Trustees Appointments. 3.F.RES 18-089 Action on Resolution 18-089, a Resolution Setting forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings (2018 Fine Schedule). Resolution marked Resolution clean Attachments: 3.G.ID 2018-0459 Action on a Preliminary Plat for Lots 1-4, Block 2 and Blocks 1, 3, 4, 5, & 6, Southland Addition. Notice 10-2-2018 Planning Commission Minutes Preliminary Plat Vicinity Map Major Street Plan Previous Preliminary Plat Attachments: 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. 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.A.ORD 18-015 Introduction and First Reading on Ordinance 18-015, an Ordinance rezoning Lots 8 & 9, Block 11, Bane & Poole Addition from Residence R-1B Single-Family to Business B-2A District. Public hearing: November 13, 2018. Page 2 City of Brookings October 23, 2018City Council Meeting Agenda Notice 10-02-2018 Planning Commission Minutes Ordinance Rezoning Map Plat Future Land Use Map Medium Density Residential Policies for Central Development Area B-2A District Attachments: 8. Public Hearings and Second Readings: 8.A.RES 18-081 Public Hearing and Action on Resolution 18-081, a Resolution Approving Special Assessments for Snow Removal and Mowing. ResolutionAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.RES 18-088 Public Hearing and Action on Resolution 18-088, Resolution of Necessity for Street Assessment Project 2019-02STA, 15th Street South and 7th Avenue South. Resolution Map Property Owner List Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.RES 18-085 Action to approve Resolution 18-085, a Resolution Authorizing the Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, Highway 14 Project from Main Avenue to Medary Avenue. Resolution Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 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 Page 3 City of Brookings October 23, 2018City Council Meeting Agenda Council Staff: Paul M. Briseno, 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 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0466,Version:1 Action to approve the October 9, 2018 City Council Minutes. Attachments: 10/09/2018 Minutes City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ Brookings City Council October 9, 2018 The Brookings City Council held a meeting on Tuesday, October 9, 2018 at 6:00 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Ope Niemeyer, Dan Hansen, Nick Wendell, Patty Bacon, and Holly Tilton Byrne. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. 6:00 PM Regular Meeting Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to approve the Consent Agenda, as amended. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne and Corbett. 3.A. Action to approve the agenda, as amended. 3.B. Action to approve the September 25, 2018 City Council Minutes. 3.C. Action on Resolution 18-082, a Resolution authorizing the Liquor Operating Agreement – renewal The Pheasant Restaurant & Lounge. Resolution 18-082 The Pheasant Restaurant & Lounge Liquor Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Liquor Operating Management Agreement between the City of Brookings and The Pheasant Restaurant & Lounge, Ron & Georgiana Olson, owners, for the purpose of a liquor manager to operate the On- Sale Establishment or business for and on behalf of the City of Brookings at 726 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement. 3.D. Action on Resolution 18-083, a Resolution Authorizing Revised Change Order No. 1 (Final) for 2018-06TI Chip Seal Project, Topkote, Inc. Resolution Authorizing Revised Change Order No. 1 (Final) for 2018-06TI Chip Seal Project, Topkote, Inc. Be it Resolved by the City Council that the following change order be allowed for 2018- 06STI, Chip Seal Project: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for a total decrease of $48,706.61 to the contract to close out the project. Resolution 18-073 adopted on September 11, 2018 shall be rescinded. Love Wins in Brookings Announcement. George Hamer, Human Rights Commission Member, invited everyone to attend the Love Wins in Brookings event on October 10, 2018 at 4:30 pm at McCrory Gardens. Resolution 18-084. A motion was made by Kidwiler, seconded by Niemeyer, that Resolution 18-084, a Resolution Authorizing Change Order No. 1 (Final) for 2018- 04SSI, 8th Street & 20th Avenue Drainage Improvement Project, VJ Ahlers Excavating, Inc., be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 18-084 – Resolution Authorizing Change Order No. 1 (Final) for 2018-04SSI, 8th Street & 20th Avenue Drainage Improvement Project, VJ Ahlers Excavating, Inc. Be it Resolved by the City Council that the following change order be allowed for 2018- 04SSI, 8th Street & 20th Avenue Drainage Improvement Project: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities and for additional storm sewer work for a total increase of $8,112.50 to the contract to close out the project. Ordinance 18-014. A public hearing was held on Ordinance 18-014, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to side yard setbacks for RB-4, B-2, B-2A, and B-3 Districts for the purposes of administration of the Zoning Ordinance. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Ordinance 18-011 be approved. The motion carried by the following vote: Wendell: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Council Introduction of Topics for Future Discussion. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, for staff to draft an Ordinance requiring future development to install sump pump lines directly into the storm sewer system. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Corbett, and Tilton Byrne. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 6:08 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 #:RES 18-087,Version:1 Action on Resolution 18-087, a Resolution Removing Uncollectible Accounts Receivable from the Records. Summary: Due to the customer filing bankruptcy this account is deemed uncollectible. This resolution will allow it to be removed from our records. Recommendation Staff recommends approval. Attachments: Resolution City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ Resolution No. 18-087 A Resolution Removing Uncollectible Accounts Receivable from the Records WHEREAS, The Brookings Municipal Landfill had a total of $170.47 in uncollectible landfill charges in 2018: $170.47 – Concrete Contractors (filed bankruptcy); WHEREAS, efforts to collect and recover from customers was unsuccessful; and NOW, THEREFORE, BE IT RESOLVED the amount of $170.47 in landfill charges be determined as uncollectible and removed from the records. Passed and approved this 23 rd day of October, 2018. CITY OF BROOKINGS ________________________________ Keith 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 #:RES 18-086,Version:1 Action on Resolution No. 18-086, a Resolution Cancelling Certain Outstanding Checks. Summary: Finance Department has tried multiple times to contact the individual and offered to reissue the check if it was lost, or destroyed. This resolution will allow the City to cancel the check and remove from the books. Staff recommends approval. Attachments: Resolution City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ RESOLUTION NO. 18-086 A Resolution Cancelling Certain Outstanding Checks WHEREAS, the City of Brookings, has issued checks that have been outstanding for more than six (6) months; NOW, THEREFORE, BE IT RESOLVED that the following amounts be canceled and the proper funds be credited: General Fund 9/21/16 Cassandra Steinle $29.13 Passed and approved this 23rd day of October, 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 2018-0467,Version:1 Action on Brookings Health System Board of Trustees Appointments. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Brookings Health System Board of Trustees Number of positions: 3 representatives Term Length: 3 years. No members may serve more than three consecutive 3-year terms. A partial term may be served in addition to this limit. Residency Requirement: A minimum of six members of the board of trustees must reside in the City or County of Brookings. 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”) ·Reappoint Dick Peterson ·Reappoint Justin Sell ·Reappoint Dr. Andrew Ellsworth City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-089,Version:1 Action on Resolution 18-089, a Resolution Setting forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings (2018 Fine Schedule). Summary: A recommendation to the Council that city ordinance court costs be increased from $60.00 to $62.50 to reflect the increase made by the State of South Dakota in July of 2018. Background: In July of 2018, the State of South Dakota raised the court costs from $60.00 to $62.50 for all violations including local city ordinances. This resolution will set forth the schedule of fines and court costs for violations of the ordinances of the City of Brookings, bringing them in-line with the State. Court costs associated with all parking violations were not increased, therefore they will remain at $60.00 per violation. Fiscal Impact: No fiscal impact. All funds received from Brookings County are a result of the fines leveed. All court costs remain with the UJS. Recommendation: The recommendation is for the city to approve this resolution bringing the court costs associated with City Ordinance violations in line with the costs set forth by the State of South Dakota. Attachments: Resolution marked Resolution clean City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ RESOLUTION NO. 18-089 A Resolution Setting forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of Ordinances set forth herein. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Prior New Total Miscellaneous Offenses 6-3 Open Container (alcoholic beverage) (Beer, wine, liquor in vehicle or on street)60.00 60.00 62.50 122.50 6-142 Attempt to Purchase 60.00 60.00 62.50 122.50 6-143 Misrepresentation of Age 60.00 60.00 62.50 122.50 6-73 Possession of Keg Restricted 60.00 60.00 62.50 122.50 70-35 Littering 60.00 60.00 62.50 122.50 58-33 Resisting an Officer 60.00 60.00 62.50 122.50 58-36 Fleeing from a Police Officer 60.00 60.00 62.50 122.50 58-161 Public Urination 60.00 60.00 62.50 122.50 (formerly Disorderly Conduct) 58-162 Disturbing the Peace - House Parties First Offense 60.00 60.00 62.50 122.50 Second Offense (within 1 year period) 100.00 60.00 62.50 162.50 Third Offense (within 1 year period) 200.00 60.00 62.50 262.50 62-180 Hours parks open to the public 60.00 60.00 62.50 122.50 70-37 Littering 60.00 60.00 62.50 122.50 70-107 Location of Collection Containers 30.00 60.00 62.50 92.50 74-141-Excavation Offenses 100.00 60.00 62.50 162.50 74-149 Excavation Offenses 74-211 Failure to Remove Snow from Sidewalk 60.00 60.00 62.50 122.50 82-312 Texting While Driving 60.00 60.00 62.50 122.50 Parking Offenses with Court Appearances Fine Costs Total 82-421 Position of Parking on Two-Way Road 25.00 60.00 85.00 82-427 Places Where Standing and Parking is Prohibited 25.00 60.00 85.00 82-428 Places Where Stopping is Prohibited 25.00 60.00 85.00 82-432 Parking In Excess of 72 Hours.25.00 60.00 85.00 82-433 Parking in Alleys 25.00 60.00 85.00 82-461 Designation of Prohibited Parking 25.00 60.00 85.00 82-462 Designation of Limited Parking 25.00 60.00 85.00 82-463 Illegal Parking (2 hr. downtown or Medary)25.00 60.00 85.00 Section Offense Fine Costs Total 82-464 Parking at Night in Business Section 25.00 60.00 85.00 82-465 Parking Prohibited During Snow Removal 50.00 60.00 110.00 82-468 Parking in Disabled Space w/o Permit 100.00 60.00 160.00 82-521 Maximum Duration of Parking 25.00 60.00 85.00 94-431(2)Front Yard Parking Prohibited 25.00 60.00 85.00 Parking Offenses (if paid w/in 72 hours)/ Without Court Appearance 82-421 Position of Parking on Two-Way Road 20.00 82-427 Places Where Standing and Parking is Prohibited 20.00 82-428 Places Where Stopping is Prohibited 20.00 82-432 Parking In Excess of 72 Hours.20.00 82-433 Parking in Alleys 20.00 82-462 Designation of Limited Parking 20.00 82-463 Illegal Parking (2 hr. downtown or Medary)20.00 82-464 Parking at Night in Business Section 20.00 82-465 Parking Prohibited During Snow Removal 35.00 82-468 Parking in Disabled Space w/o Permit 100.00 82-521 Maximum Duration of Parking 20.00 94-431(2)Front Yard Parking Prohibited 20.00 Traffic/Driving Offenses Fine Prior New Total 82-127 Failure to Comply w/Warning Ticket 60.00 60.00 62.50 122.50 82-167 Traffic Signals 60.00 60.00 62.50 122.50 82-203 Duty to Provide Information 60.00 60.00 62.50 122.50 82-206 Unattended Vehicle 60.00 60.00 62.50 122.50 82-207 Property Damage 60.00 60.00 62.50 122.50 82-208 Immediate Notice 60.00 60.00 62.50 122.50 82-241 Driver's License Violation 60.00 60.00 62.50 122.50 82-242 Age of Driver 60.00 60.00 62.50 122.50 82-243 License Plate Violation 60.00 60.00 62.50 122.50 82-244 Maximum Passengers 60.00 60.00 62.50 122.50 82-246 Driving on Sidewalk 60.00 60.00 62.50 122.50 82-247 Exhibition Driving 60.00 60.00 62.50 122.50 82-248 Following Too Closely 60.00 60.00 62.50 122.50 82-249 Following Fire Apparatus 60.00 60.00 62.50 122.50 82-251 Unsafe Backing 60.00 60.00 62.50 122.50 82-252 Driving Over Fire Hose 60.00 60.00 62.50 122.50 82-271 Driving on Left Side of Street 60.00 60.00 62.50 122.50 82-276 Driving on Divided Highway 60.00 60.00 62.50 122.50 82-277 Overtaking Vehicles/Passing to Left Required; Cutting in Front 60.00 60.00 62.50 122.50 82-279 Passing in No Passing Zone 60.00 60.00 62.50 122.50 Section Offense Fine Prior New Total 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed 60.00 60.00 62.50 122.50 82-303 Exceeding Limits (below) 82-304 Maximum Speed Generally (below) 82-305 Speed Zones (below) 1-5 mph Over Speed Limit 30.00 60.00 62.50 92.50 6-10 mph Over Speed Limit 40.00 60.00 62.50 102.50 11-15 mph Over Speed Limit 60.00 60.00 62.50 122.50 16-20 mph Over Speed Limit 80.00 60.00 62.50 142.50 21-25 mph Over Speed Limit 105.00 60.00 62.50 167.50 Over 25 (Court Appearance) 160.00 60.00 62.50 222.50 82-306 Speeding in School Zones 1-5 mph Over Speed Limit 50.00 60.00 62.50 112.50 6-10 mph Over Speed Limit 60.00 60.00 62.50 122.50 11-15 mph Over Speed Limit 95.00 60.00 62.50 157.50 16-20 mph Over Speed Limit 130.00 60.00 62.50 192.50 Over 20 (Court Appearance) 150.00 60.00 62.50 212.50 82-309 Reckless Driving 70.00 60.00 62.50 132.50 82-310 Careless Driving 60.00 60.00 62.50 122.50 82-332 Right Turn 60.00 60.00 62.50 122.50 82-333 Left Turn 60.00 60.00 62.50 122.50 82-334 U-Turn Restricted 60.00 60.00 62.50 122.50 82-337 Cutting Corner 60.00 60.00 62.50 122.50 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily 60.00 60.00 62.50 122.50 82-365 Vehicle Entering Stop Intersection 60.00 60.00 62.50 122.50 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping 60.00 60.00 62.50 122.50 82-367 Obedience to Stop and Yield 60.00 60.00 62.50 122.50 82-369 Stop at Railroad Crossing Signal 60.00 60.00 62.50 122.50 82-392 Obedience (One Way Streets & Alleys)60.00 60.00 62.50 122.50 82-424 Manner of Use of Diagonal Parking Spaces 40.00 60.00 62.50 102.50 82-561 Lights on Vehicle 60.00 60.00 62.50 122.50 82-563 Obstruction of Vision 60.00 60.00 62.50 122.50 82-565 Exhaust System 60.00 60.00 62.50 122.50 82-603 Pedestrian Right-of-Way 60.00 60.00 62.50 122.50 82-605 Jaywalking 40.00 60.00 62.50 102.50 Section Offense Fine Costs Total 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys Sidewalks, Boulevards & Rights- of-Way 60.00 60.00 122.50 82-684 Operation of Snowmobiles on Public Property 60.00 60.00 122.50 82-721 Clinging to Moving Vehicles 60.00 60.00 122.50 82-751 Bicycle Offense 25.00 60.00 87.50 82-842 Driving Through Processions 60.00 60.00 122.50 Housing and Zoning Offenses Housing 22-374 Agent Required 60.00 60.00 122.50 22-401 Licensing of Leased Dwelling Units 60.00 60.00 122.50 22-402 Filing of Application Forms 60.00 60.00 122.50 22-405 Payment of License Fees 60.00 60.00 122.50 22-432 Failure to Comply With Smoke Detector Requirement First Offense 155.00 60.00 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 60.00 217.50 Third Offense 200.00 60.00 262.50 22-433 Failure to Comply with Exit Requirement First Offense 155.00 60.00 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 60.00 217.50 Third Offense 200.00 60.00 262.50 22-434 Failure to Comply with Parking Requirement First Offense 155.00 60.00 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 60.00 217.50 Third Offense 200.00 60.00 262.50 Section Offense Fine Prior New Total Zoning 94-123(c)First Offense: 94-124(c)200.00 60.00 62.50 150.00 (suspended on condition of no similar violations for 1 year.) 94-125(c)Permitted Uses (Unlawful Use) 94-126(c) 94-127(c) 94-128(c)Second Offense: 94-129(c)200.00 60.00 62.50 262.50 94-130(c) All Other Zoning Ordinances Violations Passed and approved this ____ day of October, 2018. CITY OF BROOKINGS: __________________________________ ATTEST:Keith Corbett, Mayor __________________________ Shari Thornes, City Clerk RESOLUTION NO. 18-089 A Resolution Setting forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of Ordinances set forth herein. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Costs Total Miscellaneous Offenses 6-3 Open Container (alcoholic beverage) (Beer, wine, liquor in vehicle or on street)60.00 62.50 122.50 6-142 Attempt to Purchase 60.00 62.50 122.50 6-143 Misrepresentation of Age 60.00 62.50 122.50 6-73 Possession of Keg Restricted 60.00 62.50 122.50 70-35 Littering 60.00 62.50 122.50 58-33 Resisting an Officer 60.00 62.50 122.50 58-36 Fleeing from a Police Officer 60.00 62.50 122.50 58-161 Public Urination 60.00 62.50 122.50 (formerly Disorderly Conduct) 58-162 Disturbing the Peace - House Parties First Offense 60.00 62.50 122.50 Second Offense (within 1 year period) 100.00 62.50 162.50 Third Offense (within 1 year period) 200.00 62.50 262.50 62-180 Hours parks open to the public 60.00 62.50 122.50 70-37 Littering 60.00 62.50 122.50 70-107 Location of Collection Containers 30.00 62.50 92.50 74-141-Excavation Offenses 100.00 62.50 162.50 74-149 Excavation Offenses 74-211 Failure to Remove Snow from Sidewalk 60.00 62.50 122.50 82-312 Texting While Driving 60.00 62.50 122.50 Parking Offenses with Court Appearances 82-421 Position of Parking on Two-Way Road 25.00 60.00 85.00 82-427 Places Where Standing and Parking is Prohibited 25.00 60.00 85.00 82-428 Places Where Stopping is Prohibited 25.00 60.00 85.00 82-432 Parking In Excess of 72 Hours.25.00 60.00 85.00 82-433 Parking in Alleys 25.00 60.00 85.00 82-461 Designation of Prohibited Parking 25.00 60.00 85.00 82-462 Designation of Limited Parking 25.00 60.00 85.00 82-463 Illegal Parking (2 hr. downtown or Medary)25.00 60.00 85.00 Section Offense Fine Costs Total 82-464 Parking at Night in Business Section 25.00 60.00 85.00 82-465 Parking Prohibited During Snow Removal 50.00 60.00 110.00 82-468 Parking in Disabled Space w/o Permit 100.00 60.00 160.00 82-521 Maximum Duration of Parking 25.00 60.00 85.00 94-431(2)Front Yard Parking Prohibited 25.00 60.00 85.00 Parking Offenses (if paid w/in 72 hours)/ Without Court Appearance 82-421 Position of Parking on Two-Way Road 20.00 82-427 Places Where Standing and Parking is Prohibited 20.00 82-428 Places Where Stopping is Prohibited 20.00 82-432 Parking In Excess of 72 Hours.20.00 82-433 Parking in Alleys 20.00 82-462 Designation of Limited Parking 20.00 82-463 Illegal Parking (2 hr. downtown or Medary)20.00 82-464 Parking at Night in Business Section 20.00 82-465 Parking Prohibited During Snow Removal 35.00 82-468 Parking in Disabled Space w/o Permit 100.00 82-521 Maximum Duration of Parking 20.00 94-431(2)Front Yard Parking Prohibited 20.00 Traffic/Driving Offenses 82-127 Failure to Comply w/Warning Ticket 60.00 62.50 122.50 82-167 Traffic Signals 60.00 62.50 122.50 82-203 Duty to Provide Information 60.00 62.50 122.50 82-206 Unattended Vehicle 60.00 62.50 122.50 82-207 Property Damage 60.00 62.50 122.50 82-208 Immediate Notice 60.00 62.50 122.50 82-241 Driver's License Violation 60.00 62.50 122.50 82-242 Age of Driver 60.00 62.50 122.50 82-243 License Plate Violation 60.00 62.50 122.50 82-244 Maximum Passengers 60.00 62.50 122.50 82-246 Driving on Sidewalk 60.00 62.50 122.50 82-247 Exhibition Driving 60.00 62.50 122.50 82-248 Following Too Closely 60.00 62.50 122.50 82-249 Following Fire Apparatus 60.00 62.50 122.50 82-251 Unsafe Backing 60.00 62.50 122.50 82-252 Driving Over Fire Hose 60.00 62.50 122.50 82-271 Driving on Left Side of Street 60.00 62.50 122.50 82-276 Driving on Divided Highway 60.00 62.50 122.50 82-277 Overtaking Vehicles/Passing to Left Required; Cutting in Front 60.00 62.50 122.50 82-279 Passing in No Passing Zone 60.00 62.50 122.50 Section Offense Fine Costs Total 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed 60.00 62.50 122.50 82-303 Exceeding Limits (below) 82-304 Maximum Speed Generally (below) 82-305 Speed Zones (below) 1-5 mph Over Speed Limit 30.00 62.50 92.50 6-10 mph Over Speed Limit 40.00 62.50 102.50 11-15 mph Over Speed Limit 60.00 62.50 122.50 16-20 mph Over Speed Limit 80.00 62.50 142.50 21-25 mph Over Speed Limit 105.00 62.50 167.50 Over 25 (Court Appearance) 160.00 62.50 222.50 82-306 Speeding in School Zones 1-5 mph Over Speed Limit 50.00 62.50 112.50 6-10 mph Over Speed Limit 60.00 62.50 122.50 11-15 mph Over Speed Limit 95.00 62.50 157.50 16-20 mph Over Speed Limit 130.00 62.50 192.50 Over 20 (Court Appearance) 150.00 62.50 212.50 82-309 Reckless Driving 70.00 62.50 132.50 82-310 Careless Driving 60.00 62.50 122.50 82-332 Right Turn 60.00 62.50 122.50 82-333 Left Turn 60.00 62.50 122.50 82-334 U-Turn Restricted 60.00 62.50 122.50 82-337 Cutting Corner 60.00 62.50 122.50 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily 60.00 62.50 122.50 82-365 Vehicle Entering Stop Intersection 60.00 62.50 122.50 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping 60.00 62.50 122.50 82-367 Obedience to Stop and Yield 60.00 62.50 122.50 82-369 Stop at Railroad Crossing Signal 60.00 62.50 122.50 82-392 Obedience (One Way Streets & Alleys)60.00 62.50 122.50 82-424 Manner of Use of Diagonal Parking Spaces 40.00 62.50 102.50 82-561 Lights on Vehicle 60.00 62.50 122.50 82-563 Obstruction of Vision 60.00 62.50 122.50 82-565 Exhaust System 60.00 62.50 122.50 82-603 Pedestrian Right-of-Way 60.00 62.50 122.50 82-605 Jaywalking 40.00 62.50 102.50 Section Offense Fine Costs Total 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys Sidewalks, Boulevards & Rights- of-Way 60.00 62.50 122.50 82-684 Operation of Snowmobiles on Public Property 60.00 62.50 122.50 82-721 Clinging to Moving Vehicles 60.00 62.50 122.50 82-751 Bicycle Offense 25.00 62.50 87.50 82-842 Driving Through Processions 60.00 62.50 122.50 Housing and Zoning Offenses Housing 22-374 Agent Required 60.00 62.50 122.50 22-401 Licensing of Leased Dwelling Units 60.00 62.50 122.50 22-402 Filing of Application Forms 60.00 62.50 122.50 22-405 Payment of License Fees 60.00 62.50 122.50 22-432 Failure to Comply With Smoke Detector Requirement First Offense 155.00 62.50 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 62.50 217.50 Third Offense 200.00 62.50 262.50 22-433 Failure to Comply with Exit Requirement First Offense 155.00 62.50 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 62.50 217.50 Third Offense 200.00 62.50 262.50 22-434 Failure to Comply with Parking Requirement First Offense 155.00 62.50 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 62.50 217.50 Third Offense 200.00 62.50 262.50 Section Offense Fine Costs Total Zoning 94-123(c)First Offense: 94-124(c)200.00 62.50 w/ 150.00 (suspended on condition of no similar violations for 1 year.) 94-125(c)Permitted Uses (Unlawful Use) 94-126(c) 94-127(c) 94-128(c)Second Offense: 94-129(c)200.00 62.50 262.50 94-130(c) All Other Zoning Ordinances Violations Passed and approved this ____ day of October, 2018. CITY OF BROOKINGS: __________________________________ ATTEST:Keith Corbett, Mayor __________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0459,Version:1 Action on a Preliminary Plat for Lots 1-4, Block 2 and Blocks 1, 3, 4, 5, & 6, Southland Addition. Summary: The owner is seeking Preliminary Plat approval for four (4) residential lots and five (5) other blocks that will serve as tracts for future development and drainage in an R-3 District. Background: The property is located on the south side of 20th Street between Arbor Hill Addition and Hillside Mobile Home Park. The right-of-way for Ace Avenue was approved and platted in 2016, but the road is not installed at this time. The City Council approved a preliminary plat for this land area on February 23, 2016; however, the design has changed prompting a new preliminary plat layout. The Preliminary Plat shows four (4) lots that are being platted for single-family attached units. The lots will need to be final platted and in order to sell each unit individually another plat will be necessary after the units are constructed. Blocks 1, 3, 4, and 5 will serve as areas for future development and Block 6 is planned for a drainage pond. The Subdivision Regulations requires new streets in any subdivision to conform to the major street plan and provisions shall be made for the continuation of existing streets in adjoining areas. In general, a collector street shall be located every half-mile. Currently, it is nearly a mile from 20 th Street South to 32nd Street South and there are no other east-west connection streets that lead to 22 nd Avenue South. The Major Street Plan shows a street connection through this general area to 22nd Avenue South to foster better connectivity and provide another east-west route. In this case, staff feels it is important to plat the continuation of 22nd Street South to the east property boundary as it will assist with access in the area, street connectivity, utility looping, and fire hydrant spacing. The R-3 District allows for higher density, so a future street connection will assist with traffic flows. There is the possibility of 22nd Street South being extended to 22nd Avenue South at such time Hillside Mobile Home Park is improved or re-developed. Future final plat submittals will be subject to meeting the secondary access requirements. A drainage plan was completed with the original Preliminary Plat submittal. Findings of Fact: 1. The lots and blocks meet all requirements of the zoning ordinance. 2. The Major Street Plan shows a street connection in this area to 22nd Avenue South to better facilitate traffic flows. 3. The preliminary drainage plan requirements are met. City of Brookings Printed on 10/17/2018Page 1 of 2 powered by Legistar™ File #:ID 2018-0459,Version:1 Staff Recommendation: The Development Review Team discussed the Preliminary Plat and recommends approval of the Preliminary Plat with the following condition: 1. The Preliminary Plat shall show a continuation of 22nd Street South to the east property line to preserve a future connection to 22nd Avenue South. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval the Preliminary Plat, contingent on the Preliminary Plat showing a continuation of 22nd Street South to the east property boundary to preserve a future connection to 22nd Avenue South. Attachments: Notice 10-02-2018 Planning Commission Minutes Vicinity Map Preliminary Plat Major Street Plan Previously Approved Preliminary Plat City of Brookings Printed on 10/17/2018Page 2 of 2 powered by Legistar™ If you require assistance,alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That PMVK Limited has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 1-4, Block 2 and Blocks 1, 3, 4, 5, & 6 of Southland Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, October 2, 2018, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota October 2, 2018 OFFICIAL MINUTES Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order on Tuesday, September 4, 2018, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Alan Johnson, Charles Siver, Kristi Tornquist, Eric Rasmussen, Lee Ann Pierce and Fargen. Absent were Tanner Aiken and Gregg Jorgenson. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Wade Price, Lyle Anderson, Ryan Krogman, and others. Item #4a – PMVK Limited has submitted a preliminary plat of Lots 1-4, Block 2 and Block 1,3,4,5 & 6 of Southland Addition. (Pierce/Johnson) Motion to approve the preliminary plat with the recommendation from staff to have the preliminary plat show a continuation of 22nd Street South to the east property line to preserve a future connection to 22nd Avenue South. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – This preliminary plat is for four residential lots and 5 additional blocks for future development. This property is located south of 20th Street South and west of 22nd Ave S. Ace Avenue is the street that is platted to run north/south through this development, but it is not yet built. Preliminary drawings show that Lot 6 will be a future drainage pond. The Major Street Plan shows a street connection through this area to 22nd Avenue South for better connectivity and to provide another east-west route. This street would be 22nd Street S. Rasmussen asked Mr. Price if the requirement of the 22nd Street S. extension showing on the plat was an issue. Price stated “not at this time.” Tornquist wondered if the runoff would go directly into the trailer court located to the east of this development. Lanning stated that at this time the city doesn’t have drainage details regarding the outlet structure, but that will be obtained at the final drainage study phase. Price indicated that the water will drain to the south and west. 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V Brookings, SD 5 7006 -V------(605) 696-3200I I I / / / / / / m I /� / / / / / I I j I I I I I I I I I I � / / 8"WTR rt 1/ 8"WTR 8"WTR 8"WTR 8" J /• /if.:s 8" ss 8" ss 8" ss -➔ I I I I I I / / I I I I I I / / 8" ss I I I I I I I I I / I I I I I I // I ; I / I I I I I I I I I I / I R-3 Zoning Setbacks Front = 20-feet Side = 7-feet Rear= 25-feet Minimum Lot Area 3 Units: 12,000 Sq Ft 4 Units: 14,000 Sq Ft I , I I I I I I I I I I I I I I I I I I I I I I / Block 2 Southland Addition Prei'iminary Plat / / / // / LEGAL DESCRIPTION I I Lots, 1, 2, 3, 4 of Block 1 of Southland Addition in the 1 NE 1/4 Section 1, T109N, R5 0W ofthe 5th P.M. City of Brookings, Broo kings County, SD LEGEND 8'"WTR-- ---8"SS ------s--- Water Sanitary Sewer Storm Sewer -----1e20--------Existing Contours___ --➔-----Drainage Arrow / / I I I I I I ,ti,!? m, / / / // / r / / // // ,,,...-/L ----------- //Previously Platted __ 1/ Ace:>/- - -"" - - - -�---- / / 8"WTR 8" ss ➔ / / Ace Ave. s 1'!5 /II s ;1 5 11 II ///l\ �· _.,--·· ., I k2 --/ , 1 11 ., •·/ / , Lot l , Bloc -i "' / - .. - / s / L-1 / ii / ., ., 1 •1 •1 / ---Lot 2, Block 2 ,,-20' Setback 15,907 Sq Ft 11 ';, 1 1 Lot3,Block2 ,/----� 19,458SqFt ///i / I i 20'Setback / / -----/ ------/ ------- 7 .O' Setb ack -,------" I , ----,/ / •1 / --,,, Lot4,Block2 1 1 1,}, 19,458SqFt ,-___ ___ / ' I ; \ ' � _,7 .____,o 25 ,(Typ.) ;} 19,45JSqFt / / __1 / ---- --- --__:-,,, ' ---/ 1------1 i-7 .0'Setback / ..-J---, , _ 0 &- -_ _ _-;--_ / _ _ -----/ -- - · ---/,� 1-1 ------> -- . - - ----::/, / ' --_ ----------/ ' i----t--25' Setback 1 1 f .-/,,, I / / ·, / 1 · '1 ,,- / .__ / 1 ➔ ', ;,., t--: 1--_ /// Lot 4, Block 1 1 1 , ' 1 i-- -// ,, --r '\ I / / / _,-/ ;' / / / -� /,✓ 19,458 SqFt ; ,__ 1 1 \ ;" /- /-I //\/ Proposed 3-Plex '1 // 1 "-· h"'�-1 1 i7 5, _ � 1 Proposed 4 -Plex .,_, _ • 50 1' 1 -L--i---..J.--rl-,7.:L''' --T-1't1__. ; / ; 7.5'711 " t' •� Proposed 4-Plex ------1,,·�-'1 \ i,I � .,L Proposed 4-Ple x / · � •-� ,/ 'b; // _,_ 5o i--7.5' t l // ', J I i"' "' -1-- -7.5' / I _,_p;,r -7.5 / -N--� ,V---/ v"'--I ' r� Cl) I :,:, \,... � � -_. n-. r,,.'\; -, -, I • I P:! // � / / ""'-I / ' illi,,. / --... � ' ·\ --�;�I�� -1--J--✓u5 IV V I /, (""'\.. / I I .. 0 J6 ; V ��I,-----._,,':-,-- ·._,_-� , "' I I / .. l 7// ' I V / I ,-:;, � v' V V ', / ",' /// I �25'--,_l-,I_G_"" "O N ,_ / / , V •�/yvvv ,v.__ I ,_ Ill/� � /', .. --- --. _--_-__ -_-/-//-)/ ', , l ',,.' 1·,1 :t ii .. N 60.0' R.O.W. / vjvv ✓VI ✓�f✓��> ---' : - - ! -- - f-----�v , _, ', -""' " /----r -- / : 1 / / 1 / 1 / 7' Setback 1 1,1 ')' -,-1 25' Setback I I r- _/ I I I I I 1 0 ---.,L X-l( I / I I I • ••• I , �� - / ,,, i 1l1 • --� i--60.0' R.O.W.- / / / - / / \6\'l - I I -/ / / // / I PRELIMINARY Southland Addition -Brookings, SD l CAD FHeoame, _ 2017-0 39 Design CDI Project No. 2017-039 l Checked By _ JDP Scale: 1" = 50' Date: 9/12/2018 Scale: 1" = 50' 25 12.5 0 25 50 609 Main Ave S Brookings, SD 605-696-3200 l Continuation of 22nd Street S ROW as recommended by PC and DRT 22nd St S B rook ings County, SD Developed by Par cel ID 409601095001120 Sec/T wp/Rng 01-109-50 Pr oper ty Address Alter nate ID n/a Class NAD Acr eage n/a Owner Addr ess PMVK LIMITED 611 6TH ST BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption N1350' OF E1128.5' O F NE 1/4 EXC N40' & EXC ROW (AC E AVE) THEREOF & EXC LOT 1 RIC HARD PRIC E 1ST ADDN & EXC OL 1 THEREO F ALL IN NE (Note: Not to be used on leg a l documents) Date created: 9/18/2018 Last Data Uploa ded: 9/18/2018 12:59:18 AM 568 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds Floodplain 2008 0.2 PC T ANNUAL C HANC E FL O OD HAZARD A AE X 119 FIGURE 5.2: Major Streets Plan 32ND ST S Future connection to 22nd Ave S 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 18-015,Version:1 Introduction and First Reading on Ordinance 18-015, an Ordinance rezoning Lots 8 & 9, Block 11, Bane & Poole Addition from Residence R-1B Single-Family to Business B-2A District. Public hearing: November 13, 2018. Summary: The applicant is seeking approval of a rezoning request to rezone two (2) lots from R-1B to B-2A District. Background: The property is located at the northwest corner of 3rd Street and 22nd Avenue and is across the street from Brookings Health System. One of the lots currently contains a single-family home and the other lot is vacant. The general area contains a mix of uses including offices, hospital, medical clinics, churches, and residential homes. The property has frontage on 3rd Street, which is a collector, and 22 nd Avenue, which is classified as an arterial street. In the future, staff expects some of the surrounding residential property to transition to small scale businesses and clinics that complement and provide services to the neighborhood. The general area has become the medical hub for Brookings residents. The B-2A District is intended to provide a mix of office uses and often serves as a transitional zone between residential and commercial uses. There is B-2A zoned land immediately to the north and across the street to the northeast. The district requires a 25-foot landscape buffer when abutting residentially zoned property and is designed to be compatible with nearby residential development. The Brookings Comprehensive Plan 2040 shows this area as medium density residential; however, the plan notes that mixed use development may be included within the medium density residential land use category. Generally, the plan supports horizontal mixed use with lower intensity commercial uses along arterial corridors. (Brookings Comprehensive Plan 2040 pg. 82, 95) Findings of Fact: 1. The comprehensive plan shows this area as Medium Density Residential. The Medium Density Residential category allows for some mixed use development along arterial streets. 2. The comprehensive plan supports rezoning to B-2A District based on the future land use map, location, street network, and existing development pattern. Staff Recommendation: Staff recommends the property be rezoned to B-2A District. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the rezoning request to B-2A District. City of Brookings Printed on 10/17/2018Page 1 of 2 powered by Legistar™ File #:ORD 18-015,Version:1 Attachments: Notice 10-02-2018 Planning Commission Minutes Ordinance Rezoning Map Plat Future Land Use Map (Comprehensive Plan pg. 80) Medium Density Residential (Comprehensive Plan pg. 82) Policies for Central Development Area (Comprehensive Plan pg. 95) B-2A District City of Brookings Printed on 10/17/2018Page 2 of 2 powered by Legistar™ If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Grant Anderson, Patricia Anderson, and Lyle J. Anderson submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lots 8 & 9, Block 11, Bane & Poole Addition, also known as 2115 3rd Street, from Residence R-1B Single-Family to Business B-2A District (Northwest corner of 3rd Street & 22nd Avenue) NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, October 2, 2018, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21 st day of September 2018. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota October 2, 2018 OFFICIAL MINUTES Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order on Tuesday, September 4, 2018, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Alan Johnson, Charles Siver, Kristi Tornquist, Eric Rasmussen, Lee Ann Pierce and Fargen. Absent were Tanner Aiken and Gregg Jorgenson. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Wade Price, Lyle Anderson, Ryan Krogman, and others. Item #5a – Grant Anderson, Patricia Anderson, and Lyle J. Anderson submitted a petition to rezone Lots 8&9, Block 11, Bane & Poole Addition, also known as 2115 3rd Street, from Residence R-1B Single-Family to Business B-2A District. (Rasmussen/Drew) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a– This property is located on the corner of 22nd Avenue South and 3rd Street. The applicant has requested to rezone to the B-2A district, but staff felt that an RB-4 zoning would also be fitting as both of these districts are designed to be compatible with nearby residential development. However, upon further investigation, this residence would move into nonconforming status because residential structures in the RB-4 district are only allowed along a local street. The RB-4 District requires a 20 foot landscape buffer when located adjacent to residential districts and the B-2A district requires a 25 foot buffer. Both districts are designed to be compatible with nearby residential development, but the RB-4 District is specifically designed to allow flexibility by allowing residential or limited commercial along arterial and collector streets. Pierce asked what the permitted uses were in a B-2A district compared to RB-4. The RB-4 allows for the permitted uses in the R-3 district, as long as one of the frontages shall abut upon a local street. Because 3rd Street is a collector street, then there are no R-3 permitted uses that would qualify. Tornquist asked if then only the RB-4 permitted uses would apply and not the R-3 uses. Bungard stated yes, because the R-3 District uses referenced in the RB-4 District would need to abut a local street. Tornquist asked if the petitioners had a preference between the B-2A and RB-4 District. Mr. Anderson stated that they didn’t have a preference either way. Fargen asked if the staff had a preference. Struck stated that since this isn’t located on a local street, they are limited. He feels that the B-2A would be more fitting for this neighborhood. One use in the RB-4 district is a gas station and Struck doesn’t feel that this would be fitting for the area. However, a mixed use project could be looked at through the Conditional Use process. Pierce asked for clarification between the two districts setbacks. B-2A requires a 25 foot landscaped area that doesn’t allow for any structures, access drives or parking lots. The RB-4 requires a 20 foot landscape buffer. Pierce wondered if the screening requirement pertained to both districts or just the RB-4 District. Struck explained that in any residential districts and in the RB-4 Neighborhood Business District, if a use requires 8 or more parking spaces, such parking should be screened from single family and two family uses by shrubs or berms or by a wall or fence approved by the Community Development Department. Bungard explained that the uses in the B-2A district are more compatible to the residential district. Pierce is concerned that the setbacks might become a problem and someone wouldn’t be able to build a viable building after the zoning is implemented. Struck explained that the setbacks actually are the same distance, one district is 25 foot front and rear yard setback and the other district is 20 foot front yard and 30 foot rear yard setbacks. Krogman noted that as a neighbor, they would like the uses to remain similar to what is in the area. Rasmussen agrees that the B-2A District would be a better fit for this neighborhood. Ordinance 18-015 An Ordinance to change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lots 8 & 9, Block 11, Bane and Poole Addition, also known as 2115 3rd Street (Northwest corner of 3rd Street and 22nd Avenue) Be and the same is hereby rezoned and reclassified from Residence R-1B Single- Family District to Business B-2A Office District In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: October 23, 2018 SECOND READING AND ADOPTION:November 13, 2018 PUBLISHED:November 18, 2018 CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk B rook ings County, SD R ez on in g R equ est R-1B to B-2A 127 ft Overvi ew f i I�1 19 ' ft /3 � " J .t" 0 .�, JZ. �, IOWA sr. " � 'I> 4 II I " I /0 ' �IC\�,. 10 /16.3&" � s /() � � ' I z a �I ' " & 4 ,, ,,· i I 7 8 ..... ...._�----�=----133 -----,1 ,.c1 st_ ------! i ------i 4 i i -�...... ··---------------�LAT JF I I f , •. -,,, .,, -E·• •· I..,.-,.., ,l!JLOCK" -LOTS 4-IZ BLOCK 10-Bi.OCK II ,'J�N F a, POOLE. .5c--�I� 1'1 � /t:Jo 1 j 80 BROOKINGS: A COMPREHENSIVE PLAN FIGURE 3.5: Future Land Use Plan Rezoning Location 82 BROOKINGS: A COMPREHENSIVE PLAN LAND USE:MEDIUM DENSITY RESIDENTIAL DESCRIPTION: ·Neighborhoods that incorporate a mix of housing types, including single-family detached, single-family attached, townhouse, and small lot single-family. Civic uses would also generally be allowed. POTENTIAL ZONING: ·Single-Family Dwelling District; Manufactured Housing District; Townhouse Dwelling District; Two-Family Dwelling District INTENSITY (DU/A): ·4-12 USES: Restrictive land use, emphasizing a mix of housing styles including single-family detached, single-family attached, and townhouses. Limited multi-family development may be allowed with special review and criteria. Civic uses are generally allowed, with special permission for higher intensity uses. FORM: High level of connectivity between and within developments. Connections to neighborhood commercial services and civic destinations should provide a sense of neighborhood. Developments should have articulated scale and maintain the identity of individual units. Densities should be higher at transitions points with other more intensive districts. COMPATIBILITY: Applies to older established neighborhoods of the city which have diverse housing types, and in developing areas that incorporate a mix of development types. Projects may be incorporated in a limited way into UR-L districts and into mixed use projects and planned areas. PARKING: ·Accommodated off-street in private garages and driveways with a limited amount of overflow parking allowed on-street. ·Due to the limited demand for on-street parking, neighborhood streets can be narrow with parking limited to one-side. ·Parking facilities should manage storm water and be screened from adjacent land uses. 95 3AN INTEGRATED LAND USE VISION FIGURE 3.6: Chapter Recommendations Summary RECOMMENDATION TYPE TIMING LEADERSHIP PARTNERS Enable increased densities when impacts such as parking and access are addressed Policy Short Planning Commission City Council; City Staff; Developers Direct medium and higher density residential uses to areas adjacent to higher intensity assets or along major streets including the undeveloped land along 20th Street 22nd Avenue, and Main Avenue South Policy Medium Planning Commission City Council; City Staff; Developers Extend and connect the existing arterial and collector street system Policy Ongoing City Council Planning Commission, City Staff, Developers Encourage mixed use developments with similar land use intensities along arterial corridors Policy Ongoing Planning Commission City Council; City Staff; Developers Direct higher intensity commercial uses to the I-29 interchanges Policy Ongoing City Council Planning Commission, City Staff, Developers Direct neighborhood-oriented or lower intensity commercial uses to mixed use areas along arterial streets like 20th Street South.Policy Ongoing Planning Commission City Council, City Staff, Developers Protect existing drainage areas and wetlands and provide trail corridors that connect to the city north-south Policy Medium City Council Planning Commission, City Staff, Developers Enforce property maintenance standards on both private and public property Policy Short City Council Planning Commission, City Staff Evaluate signage and landscaping requirements along the areas high-volume corridors Policy Short Planning Commission City Council, City Staff Follow the specific policies outlined in this plan for the 6th Street corridor Policy Short Planning Commission City Council, City Staff, Developers EAST DEVELOPMENT AREA Provide adequate separation and buffering between higher and lower intensity uses Policy Short Planning Commission City Council, City Staff, Developers Require adequate screening of outdoor storage areas, preferably requiring that they are not visible from the I-29 corridor Policy Short Planning Commission City Council, City Staff Ensure proper circulation within and between developments Policy Short Planning Commission City Council, City Staff Provide proper wayfinding and gateway features at the major interchanges.Action Medium City Council Planning Commission, City Staff Encourage more mixed use development, including residential uses, that provide housing close to jobs Policy Short Planning Commission City Council, City Staff Commercial uses should avoid large expanses of concrete that are visible from the interstate and do not integrate stormwater management best practices Policy Short Planning Commission City Council, City Staff Central Dev. Area Sec. 94-133. - Business B-2A office district. (a) Intent. This district is intended to provide for a mixture of office and other compatible and complimentary uses. This district is intended to be located in close proximity to commercial uses or used as a transitional zone between commercial and residential uses. An emphasis shall be placed on landscaping and site arrangement. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-2A office district. (c) Permitted uses. (1) Office building. (2) Funeral home or mortuary. (3) Broadcast station or studio. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Service store or hair salon. a. Floor area shall not exceed 2,000 square feet. b. No tanning beds shall be allowed in conjunction with these uses. (2) Personal health service. a. Hospital not allowed. (3) Coffee house. a. Floor area of the use shall not exceed 1,000 square feet. (e) Conditional uses. (1) Home occupation. (2) Mixed business/residential use. (3) Financial services. (4) Community center. (5) Broadcast tower. (f) Density, area, yard and height regulations. The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet * 20 feet* 35 feet *A 25-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory uses. Accessory uses and building permitted in the B-2A district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the B-2A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the B-2A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the B-2A district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 07-07, § I, 2-27-2007; Ord. No. 04-12, § 1, 3-27-2012) 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 18-081,Version:1 Public Hearing and Action on Resolution 18-081, a Resolution Approving Special Assessments for Snow Removal and Mowing. Summary: The Brookings City Finance Office has attempted to collect fees for snow removal and mowing without success. Invoices and letters have been sent to the property owners. The notice of meeting for the approval of this assessment listed in Resolution 18-081 has been published. Once the resolution is approved the assessment will be certified to the Brookings County Finance Office to be collected as a Property Tax Assessment. Two of the property owners paid the fees and have been removed from the original publication notice. Staff recommends approval. Attachments: Resolution City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ Resolution 18-081 Resolution Approving Special Assessments for Snow Removal and Mowing Whereas, the City Manager has submitted to the City Council Special Assessments against the owner and legal description listed below as hereinafter set out for weed removal and snow removal fees; Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32-12 as follows: Scott Staniszewski 300 5th Ave S, Brookings Snow Removal $315.00 Mary Helen Hoppenen 105 Council Ridge Rd, Brookings Mowing $840.00 Jessica L.Currier 206 Half Moon Rd, Brookings Snow Removal $190.00 Passed and approved this 23rd day of October, 2018. CITY OF BROOKINGS _____________________________ ATTEST:Keith Corbett, Mayor _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-088,Version:1 Public Hearing and Action on Resolution 18-088, Resolution of Necessity for Street Assessment Project 2019-02STA, 15th Street South and 7th Avenue South. Summary: Approval of this resolution will authorize the City to proceed with the design and bidding of the Street Assessment Project 2019-02STA, 15th Street South and 7th Avenue South. Background: The City retained the services of Civil Design Inc. to design the street construction project for 15th Street South between Main Avenue South and Medary Avenue South and 7th Avenue South from 12 th Street South to Remington Circle as shown on the attached map. The project involved applying for a US Army Corps of Engineers 404 Permit which included a wetland mitigation plan to purchase credits from a local wetland bank. The City recently received the 404 Permit and is proceeding with the next step in the process which is the public hearing on the Resolution of Necessity for the project. The assessment project includes designing 15th Street South and 7th Avenue South as collector streets with water and sanitary sewer mains and services, grading, gravel, curb & gutter, valley gutter, asphalt pavement, storm sewer, detention pond and wetland mitigation. The water main for the project will extend along 15th Street South and 7th Avenue South with water services to each lot. The sanitary sewer will extend along 7th Avenue South and along 15th Street South, west of 7th Avenue South, with sanitary sewer services to each lot. Consistent with the City’s policy on collector streets, these improvements are being assessed to the adjacent properties on the front foot method. The estimated construction cost for the street work including grading, storm drainage, curb & gutter, gravel base course and asphalt surfacing to a width of 31’ wide is approximately $418 per foot or $209 per side of street. This cost also includes a pro- rated share of the wetland mitigation cost based on the wetlands being filled in the right-of-way. The estimated construction cost for the water main work is approximately $80 per foot or $40 per side of street. The estimated construction cost for the sanitary sewer main work is approximately $98 per foot or $49 per side of street. The City will assume and pay for any extra width and thickness for the street construction, for the concrete valley gutter along the existing drainage channel east of Main Avenue South, for the detention pond construction on the northwest corner of 15th Street South and 7th Avenue South, and for a pro-rated share of the wetland mitigation cost based on the wetlands outside the right-of-way. The attached Resolution of Necessity describes that the assessments will be divided into ten (10) equal annual installments with ten (10) percent interest annually on the unpaid balance of the assessment and other details of the assessment. City of Brookings Printed on 10/17/2018Page 1 of 2 powered by Legistar™ File #:RES 18-088,Version:1 After the construction is completed, the City will assess the property owners based on the final actual construction costs. The City is following South Dakota state statutes for assessments for this project. The attached Resolution and a Notice of Hearing was mailed to each property owner by receipt- certified mail prior to the public hearing. The public may speak for or against the project at the public hearing. Approval of the Resolution will authorize staff to proceed with the project and schedule it for bid letting. Fiscal Impact: The approximate frontage cost for City parcels along the project is estimated at $1,064,000. The City will also be responsible for additional cost for the extra width and thickness, detention pond, valley gutter and a share of the wetland mitigation costs. Recommendation: The recommendation will be based on the testimony received at the public hearing. Attachments: Resolution Map Property Owner List City of Brookings Printed on 10/17/2018Page 2 of 2 powered by Legistar™ Resolution 18-088 A Resolution of Necessity for Street Assessment Project 2019-02STA, 15th Street South & 7th Avenue South BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: The City Council of the City of Brookings hereby declares the necessity of construction of the streets and public improvements of the City as follows: Water main, sanitary sewer main, water and sanitary sewer services, storm sewer, grading, curb and gutter, gravel base course and asphalt pavement for a total street width of forty-one (41’) feet for Collector streets located as follows: Collector Street: 7th Avenue South from 12th Street South to approximately 150’ north of Remington Circle; and Collector Street: 15th Street South from approximately 560 feet east of Main Avenue South to approximately 630 feet west of Medary Avenue; All in the City of Brookings, County of Brookings, State of South Dakota. 1.The general nature of the improvements is set forth above and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2.The material to be used is concrete for curb and gutter. The material for the street construction shall be asphalt pavement on gravel base course or equivalent materials. The water and sanitary sewer mains shall be PVC pipe. Storm sewer shall be reinforced concrete pipe. 3.The project improvement is substantially uniform. The estimated construction cost for the street work including grading, storm drainage, curb and gutter, gravel base course and asphalt surfacing to a width of thirty-one (31') feet is approximately $418 per foot or $209 per side of street. The estimated construction cost for the water main work is approximately $80 per foot or $40 per side of street. Water services shall be assessed on a per unit basis for each service to the abutting property owner. The estimated construction cost for the sanitary sewer main work is approximately $98 per foot or $49 per side of street. The City will assume and pay for any extra thickness required on collector streets in excess of that described for residential streets and for the extra width of the street which exceeds 31 feet from back of the curb to back of the curb, concrete valley gutter along Lot 1 and Lot 3, Block 2, D & D Addition, and detention pond work on the northwest corner of 7th Avenue South and 15th Street South. 4.A description of classes of lots to be assessed is as follows: The lots and tracts of land lying adjacent to the streets described above. Water services and sanitary sewer services shall be assessed on a per unit basis for each service to the abutting property owner. 5.The method of apportionment of benefits is as follows: The cost of improvements described above are to be assessed against all lots and tracts of land according to the front foot benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessed amount includes engineering and administration costs. The assessment shall be divided into ten equal annual installments and interest of ten percent per annum shall accrue on the unpaid balance of the assessment. 6.The benefits to the abutting properties are as follows: Substantial increase in the market value of the property. Improved street and drainage system. Upgrade to an urban hard-surfaced street. City will provide snow removal, street lighting and street maintenance. The above-described improvement shall be hereinafter referred to as Street Assessment Project 2019-02STA, 15th Street South and 7th Avenue South, which shall be deemed a description of the improvement of the streets as hereinabove set forth. PASSED AND APPROVED this 23 rd day of October, 2018. CITY OF BROOKINGS ______________________________ Keith Corbett, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk CARDINAL DR CRCARDINAL DRCASTLEWOOD DRTRAIL RIDGE RD REMINGTONARROWHEAD PASSMAIN AVE SMAIN AVE SMAIN AVE SYORKTOWN DR12TH ST S12TH ST S12TH ST S12TH ST SPHEASANT RUN CIRPHEASANT RUN RDPHEASANT RUN RDPHEASANT RUN RDtexttexttexttexttexttexttexttexttexttexttexttext15TH ST S15TH ST SMEDARY AVE SMEDARY AVE SSIOUX PASSSIOUX TRLMUSTANG PASS16TH ST S16TH ST S7TH AVE S7TH AVE S48" RCP24" RCP24" RCP30" RCP30" RCP36" RCP18" RCP18" RCP18" RCP15" RCPFeet0400800 15th Street South & 7th Avenue Extension - Project Area 2019-02STA 15TH STREET S & 7TH AVENUE S PROJECT PARCEL NUMBER LEGAL DESCRIPTION OWNER 40458-01300-005-10 Lot 5B, Block 13 Pheasant Nest Addition George & Ronda Houtman 1300 Pheasant Run Road Brookings, SD 57006 40458-01200-002-00 Lot 2, Block 12 Pheasant Nest Addition Richard Jones 3307 N. Nokomis St, NE Alexandria, MN 56308 40458-01200-001-00 Lot 1, Block 12, Pheasant Nest Addition Joy E. Mills 21730 464th Avenue Volga, SD 57071 40458-01300-001-00 Lot 10, Block 13 Pheasant Nest Addition City of Brookings PO Box 270 Brookings, SD 57006 40960-11050-354-00 (north side of 15th St S) Outlot A, Except Lot H2 & Except D & D Addition, SE 1/4, Section 35-110N, R50W City of Brookings PO Box 270 Brookings, SD 57006 40960-11050-354-00 (10 lots on south side of 15th St S) Outlot A, Except Lot H2 & Except D & D Addition, SE 1/4, Section 35-110N, R50W City of Brookings PO Box 270 Brookings, SD 57006 40970-11050-354-00 Farmland, SE 1/4 Exc. W1113', Exc OL A, Exc McClemans Addn & Exc W1176' of E 1301' of S340' of Section 35-110- 50 Prairie Meadow Inc. PO Box 3 Brookings SD 57006 40338-00100-000-00 Block 1 & Block 5A & Block 12 & Lot 4B, McClemans Addition Prairie Meadow Inc. PO Box 3 Brookings SD 57006 40338-00400-000-00 Block 4 McClemans Addition Prairie Meadow Inc. PO Box 3 Brookings SD 57006 40338-00200-001-00 Lot 1, Block 2 Pheasants Nest Addition City of Brookings PO Box 270 Brookings, SD 57006 40458-01100-010-00 Lot 10, Block 11 Pheasant Nest Addition City of Brookings PO Box 270 Brookings, SD 57006 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 18-085,Version:2 Action to approve Resolution 18-085, a Resolution Authorizing the Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, Highway 14 Project from Main Avenue to Medary Avenue. Summary: This resolution will authorize the Mayor to sign the “State of South Dakota Joint Powers Maintenance, Encroachment, and Financial Agreement Between Department of Transportation and City of Brookings” for Project P-PH 0014(179)419 PCN 027B, US Highway 14 Project from Main Avenue to Medary Avenue. Background: The State of South Dakota Department of Transportation (SDDOT), is designing US Highway 14 Project from Main Avenue to Medary Avenue. The SDDOT has prepared the attached agreement between the State of South Dakota and the City of Brookings. The agreement includes additional costs for work the City requested to be added to the project, which are: $43,861.36 for storm sewer on 9th Avenue, $124,049.34 for upgraded storm sewer between Main Avenue and 6th Avenue and $369,382.86 for the decorative lighting upcharge. The details of the financial responsibilities are outlined in the agreement. The City Council approved the upcharge for the decorative lighting at their September 12, 2017 City Council meeting. The lighting and storm sewer upcharge costs have been budgeted. This resolution will authorize the Mayor to sign the agreement for the project. Fiscal Impact: The City will be responsible for the participating costs that are outlined in the agreement. Recommendation: Staff recommends approval of the Resolution. Attachments: Resolution Agreement City of Brookings Printed on 10/17/2018Page 1 of 1 powered by Legistar™ Resolution 18-085 A Resolution Authorizing the Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, US Highway 14 Project from Main Avenue to Medary Avenue Whereas, the Brookings City Council desires the construction improvement of 6th Street from Main Avenue to Medary Avenue in Brookings, SD; and Whereas, the City of Brookings desires the State of South Dakota Department of Transportation to upgrade the storm sewer and install decorative lighting; and Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in the “State of South Dakota Joint Powers Maintenance, Encroachment and Financial Agreement Between Department of Transportation and City of Brookings. NOW THEREFORE, be it resolved that the Mayor of the City of Brookings is authorized to sign the “State of South Dakota Joint Powers Maintenance, Encroachment and Financial Agreement Between Department of Transportation and City of Brookings.” Dated this 23rd day of October, 2018. CITY OF BROOKINGS _________________________ Keith Corbett, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk DOT-948 (07/2016) Page 1 of 4 DOT Legal: _______ STATE OF SOUTH DAKOTA JOINT POWERS MAINTENANCE, ENCROACHMENT, AND FINANCIAL AGREEMENT AMONG DEPARTMENT OF TRANSPORTATION, CITY OF BROOKINGS, AND BROOKINGS MUNICIPAL UTILITY BOARD This Agreement is made by and among the State of South Dakota, acting by and through its Department of Transportation, referred to in this Agreement as the “STATE”; the city of Brookings, South Dakota, referred to in this Agreement as the “CITY”; and the city of Brookings, South Dakota, acting by and through its Brookings Municipal UtilityBoard, referred to in this Agreement as “BMU.”The parties acknowledge and agree the CITY’S population is deemed to be 23,895 for purposes of this Agreement. 1.JOINT POWERS This Agreement does not establish a separate legal entity, as contemplated by SDCL 1-24-5. The cooperative undertaking described in this Agreement will be financed and conducted under the provisions of this Agreement by the CITY and the STATE. Each party has responsibilities under the terms of this Agreement and no joint board or administrator will be used. No real property will be purchased for use for this Agreement. 2.STATE PROJECT The STATE and the CITY concur in the proposal for the new construction or improvement of streets identified by South Dakota Federal Aid Construction Project Number P-PH 0014(179)419 PCN 027B, referred to in this Agreement as the “STATE PROJECT.” The STATE PROJECT is located on United States Highway 14 (US14), from Main Avenue to Medary Avenue and the intersection of US14 and 12 th Avenue. The STATE PROJECT consists of urban grading, curb and gutter, storm sewer, traffic signal, ADA sidewalk, roadway lighting, and PCC surfacing. 3.CONTRACT PROCUREMENT A.The STATE will design, advertise, let to contract, award, and be the contracting party for the STATE PROJECT. B.As part of the STATE PROJECT and as requested by the CITY, the STATE will design the CITY’S storm sewer project along 9th Avenue for one-half (1/2) block. The CITY will reimburse the STATE a lump sum reimbursement of Forty-three Thousand Eight Hundred Sixty-one Dollars and Thirty-six Cents ($43,861.36). C.As part of the STATE PROJECT and as requested by the CITY, the STATE will upgrade the standard storm sewer system located from Main Avenue to 6th Avenue. The CITY will reimburse the STATE a lump sum amount for the difference between the estimated cost of installing the STATE’S standard storm sewer and the estimated cost of installing the upgraded storm sewer. The CITY’S lump sum reimbursement to the STATE is One Hundred Twenty-four Thousand Forty-nine Dollars and Thirty-four Cents ($124,049.34). D.As part of the STATE PROJECT and as requested by the CITY, the STATE will install decorative lighting in lieu of the STATE’S standard lighting. The CITY will reimburse the STATE for the difference between the estimated cost of installing the STATE’S standard lighting and the actual cost of installing the decorative lighting requested by the CITY. The CITY’S lump sum reimbursement to the STATE is estimated to be Three Hundred Sixty-nineThousand Three Hundred Eighty-two Dollars and Eighty-six Cents ($369,382.86). Page 2 of 4 DOT Legal: _______ E.The CITY will pay the STATE within thirty (30) days of receipt of billings from the STATE. 4.BANNERS, SIGNS, AND APPURTENANCES A.The STATE will allow the CITY to attach banners, signs, or other appurtenances to the luminary poles on the STATE PROJECT. The maximum size banner that will be allowed by the STATE is eighteen inches (18”) wide and thirty-six inches (36”) high. The top of the banner will not be located more than fifteen feet (15’) above the base of the luminary pole. B.The CITY will reimburse the STATE for the actual cost for the extra footings for the luminaries in order to accommodate the banners and festoon outlets. The CITY’S lump sum reimbursement to the STATE for the extra footings for the luminaries to accommodate the banners and festoon outlets is included with the dollar amount listed in Paragraph 3.D. 5. COMBINATION LETTING A.The STATE will let BMU’S water main/sewer project in combination with the STATE PROJECT. BMU’S project is designated as BMU Project Number WW2001 PCN X04Q, and referred to in this Agreement as the “BMU PROJECT.” The BMU PROJECT is located on US14, from Main Avenue to Medary Avenue. B.BMU will provide the STATE with all plans, specifications, contract provisions, and cost estimates for the BMU PROJECT. Each bidder will be required to submit separate bids covering the BMU PROJECT and the STATE PROJECT. Award of the contract will be to the one bidder based on the total combination bid for the two projects. The lowest responsible bid on the STATE PROJECT will be the basis for determining STATE and federal funds participation. C.If the total low combination bid for the BMU PROJECT and the STATE PROJECT does not have, as part of that bid, the lowest bid on the STATE PROJECT, BMU will pay to the STATE the difference between that portion of the successful combination bid attributable to the STATE PROJECT and the lowest bid on the STATE PROJECT. BMU will pay the STATE within thirty (30) days of receipt of billing from the STATE. D.The STATE will award the contracts for the STATE PROJECT and BMU PROJECT; however, BMU will be the contracting party for the BMU PROJECT. BMU will make all payments under the contract for the BMU PROJECT directly to the contractor. BMU’S estimated cost for the BMU PROJECT is Five Hundred Thousand Dollars ($500,000.00). Actual cost will be based upon bids and final quantities. E.BMU will provide for purposes of final acceptance by the STATE all construction engineering for the BMU PROJECT, including all construction supervision and inspection, physical testing, measuring in-place quantities, and documenting locations for as-built records, including the inspection of the trench backfill as set forth in Paragraph 5.F. below. F.BMU will provide inspection of the trench backfill, conduct trench compaction testing, and conduct moisture and density testing for the BMU PROJECT. BMU will conduct the testing in accordance with the South Dakota Department of Transportation Materials Manual and Specifications. BMU will provide the STATE with a copy of each test report for the BMU PROJECT. The STATE will conduct independent assurance testing to verify results are within established tolerances. Page 3 of 4 DOT Legal: _______ 6.RESPONSIBILITY FOR MAINTENANCE, POLICING ENCROACHMENTS, AND OTHER ACTIVITIES The CITY is responsible for policing encroachments, performing maintenance and repair activities, limiting access, enforcing parking prohibitions, and servicing lighting systems along the STATE PROJECT in accordance with the terms of the “Maintenance and Encroachment Agreement,” executed on January 19, 2010, and assigned Agreement Number 713995 by the STATE, and any amendments to that agreement entered into by the parties now or in the future. 7.SIGNALS If a signal system is installed on any portion of the STATE PROJECT located within the CITY’S municipal boundaries, that signal system will be subject to the terms of the agreement entered into between the parties effective December 28, 2010, and entitled “Maintenance Agreement Between a Local Government Authority and the State of South Dakota for Traffic Signals on State Highway System,” and assigned agreement number 613522 by the STATE, and any amendments to that agreement entered into by the parties now or in the future. 8.INDEMNIFICATION The CITY will indemnify the STATE, its officers, agents, and employees against any and all actions, suits, damages, liability, or other proceedings that arise as a result of the CITY’S performance under this Agreement. This section does not require the CITY to be responsible for or defend against claims or damages arising solely from errors or omissions of the STATE, its officers, agents, or employees. 9.AMENDMENT This Agreement may not be amended, except in writing, which writing will be expressly identified as a part of this Agreement and must be signed by an authorized representative of each of the parties. 10. CERTIFICATION REGARDING LOBBYING The CITY certifies, to the best of the CITY’S knowledge and belief, that no federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any of the above mentioned parties, the CITY will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The CITY will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Page 4 of 4 DOT Legal: _______ 11. EMPLOYEE STATUS Any officer, employee, or agent engaged in joint action under this Agreement will remain an employee with his or her agency during participation in joint action under this Agreement. Each agency will retain exclusive responsibility for its officers, agents, and employees while these officers, agents, and employees are engaged in joint action under this Agreement, including but not limited to responsibility for regular and overtime wages and salaries, unemployment benefits, workers’ compensation coverage, health insurance, or other benefits, and liability coverage and indemnity, except as otherwise specifically provided in this Agreement. 12. The CITY has designated its Mayor as the CITY’S authorized representative and has empowered the Mayor with the authority to sign this Agreement on behalf of the CITY. A copy of the CITY’S Commission or Council minutes or resolution authorizing the execution of this Agreement by the Mayor as the CITY’S authorized representative is attached to this Agreement as Exhibit A. 13. BMU has designated its Board President as the BMU’S authorized representative and has empowered the Board President with the authority to sign this Agreement on behalf of BMU. A copy of the BMU’S minutes or resolution authorizing the execution of this Agreement by the Board President as the BMU’S authorized representative is attached to this Agreement as Exhibit B. By signature of their representatives below, each party certifies that approval of this Agreement by ordinance, resolution, or other appropriate means has been obtained by that party’s governing body or officer pursuant to SDCL § 1-24-3 and § 1-24-6. State of South Dakota City of Brookings, South Dakota Department of Transportation By: By: Its: Mayor Its: Secretary Date: Date: Attest: Approved as to Form: City Auditor/Clerk Special Assistant Attorney General (CITY SEAL) City of Brookings, South Dakota Brookings Municipal Utility Board By: Its: Board President Date: Attest: Secretary