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HomeMy WebLinkAbout2019_01_22 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 Chambers5:00 PMTuesday, January 22, 2019 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 Executive Session ID 2019-0033 Executive Session, pursuant to SDCL 1-25-2, for purposes of d iscussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor. Action: Motion to Enter into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 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. Page 1 City of Brookings January 22, 2019City Council Meeting Agenda 3.A. Action to approve the agenda. 3.B.ID 2019-0032 Action to approve the December 11, 2018 and January 8, 2019 City Council Minutes. 01/08/2019 Minutes 12/11/2018 Minutes Attachments: 3.C.RES 19-011 Action on Resolution 19-011, a Resolution Fixing Time and Place for Hearing upon Assessment Roll for Sanitary Sewer Assessment Project 2018-12SSA, Western Avenue between Martin Boulevard and 20th Street South. Resolution Map Attachments: 3.D.RES 19-012 Action on Resolution 19-012, a Resolution authorizing the City Manager to Sign Easement Documents for City Property Located in Mayland’s First Addition and Insbrook Park Addition. Resolution Permanent Easement Temporary Easement Attachments: 3.E.RES 19-013 Action on Resolution 19-013, a Resolution awarding the contract to purchase one Chip Truck for the Brookings Parks, Recreation and Forestry Department. ResolutionAttachments: 3.F.RES 19-014 Action on Resolution 19-014, a Resolution to purchase two (2) Toro Greensmaster Triflex 3320, one (1) Toro Sand Pro 5040 off of the National Joint Powers Alliance for the Parks, Recreation & Forestry Department (EdgeBrook Golf Course). 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. Page 2 City of Brookings January 22, 2019City Council Meeting Agenda 5.B. SDSU Student Association Report. 5.C.ID 2019-0035 December 31, 2018 Treasurer’s Report. Treasurer's ReportAttachments: 6. Contracts/Change Orders: 6.A.RES 19-010 Action on Resolution 19-010, a Resolution Approving Change Order No. 1 (Final) for 2018-05SSI, Viaduct Drainage Improvement Project; VJ Ahlers Excavating, Inc. Resolution Map Letter Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 7.A.ORD 19-002 Introduction and First Reading on Ordinance 19-002, an Ordinance pertaining to a Conditional Use Permit to erect a temporary telecommunication tower with a height of 165 feet in a Residence R-2 Two-Family District on Lot 3 and the East ½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street. Ordinance 01-07-2019 Planning Commission Minutes Notice Vicinity Map Conditional Use Map Site Plan Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 19-001 Second Reading and Action on Ordinance 19-001, an Ordinance Amending Article ll of Chapter 42 of the Code of Ordinance of the City of Brookings, and Pertaining to the Board of Health. Ordinance-clean Ordinance-marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 1/8/19 City Council read into the record Page 3 City of Brookings January 22, 2019City Council Meeting Agenda 9. Other Business: 9.A.RES 19-015 Action to approve Resolution 19-015, a Resolution Approving the Appointment of an Acting City Clerk. ResolutionAttachments: 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. Executive Session ID 2019-0034 Executive Session, pursuant to SDCL 1-25-2 (3, 5), for purposes of Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. Action: Motion to Enter into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 12. 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: Paul M. Briseno, City Manager Steven Britzman, City Attorney Angie Ritter, acting 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 Maggie Owens, City ADA Coordinator, at 692-6281 or mowens@cityofbrookings.org 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 2019-0033,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2. City of Brookings Printed on 1/17/2019Page 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 #:ID 2019-0032,Version:1 Action to approve the December 11, 2018 and January 8, 2019 City Council Minutes. Attachments: 12/11/2018 Minutes 01/08/2019 Minutes City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Brookings City Council January 8, 2019 (unapproved) The Brookings City Council held a meeting on Tuesday, January 8, 2019 at 6:00 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. Manager Paul Briseno, City Attorney Steve Britzman, City Clerk Shari Thornes, and Deputy City Clerk Angie Ritter were also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Kidwiler, seconded by Council Member Tilton Byrne, to approve the Consent Agenda. 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. 3.B. Action to approve the November 27, 2018 City Council Minutes. 3.C. Action to approve an amendment to the Civil Air Patrol, Inc. Lease Agreement. 3.D. Action on Resolution 19-003, a Resolution Authorizing the City of Brookings to Amend the Cooperative Fire Suppression Agreement. Resolution 19-003 - Resolution Authorizing the City of Brookings to Amend the Cooperative Fire Suppression Agreement Whereas, the City of Brookings approved a Cooperative Fire Suppression Agreement between the City of Brookings and South Dakota Department of Agriculture, Wildland Fire Division on May 4, 2017, and Whereas, the parties now desire to extend the end date of this Agreement to May 15, 2019 to allow for continued cooperation while the 2019-2023 Cooperative Agreement negotiations occur; Now therefore, be it resolved as follows: 1. That an Amendment to the Cooperative Fire Suppression Agreement by and between the City of Brookings and South Dakota Department of Agriculture, Wildland Fire Division is hereby approved, and 2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. 3.E. Action on Resolution 19-008, a Resolution Directing Preparation of the Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection thereof for Sanitary Sewer Assessment Project 2018-12SSA, Western Ave. between Martin Blvd. and 20th St. S. Resolution 19-008 - Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof for Sanitary Sewer Assessment Project 2018-12SSA, Western Ave. between Martin Blvd. and 20th St. S. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution of Necessity No. 18-042 for Sanitary Sewer Assessment Project 2018-12SSA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Sanitary Sewer Assessment Project 2018-12SSA has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in her office showing the total cost of said improvement as follows: Contract price $33,504.00 4. The total cost of said improvement shall be paid as follows: Assessable costs $33,504.00 5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The costs shall be assessed equally against three assessable lots and tracts of land on the basis of special benefits received upon each lot or tract of land contiguous to the sanitary sewer and receiving said improvement. 6. The assessment for all properties shall be divided into ten (10) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 3.F. Action on an appointment to the Sustainability Council: Reappoint Jennifer McLaughlin (term expires 01/01/2022) Brookings County / City of Brookings Pre-Disaster Mitigation Plan Update Review. Luke Muller from the First District Association of Local Governments provided an update on the Brookings County/City of Brookings Pre-Disaster Mitigation Plan. Ordinance 19-001. First Reading was held on Ordinance 19-001, an Ordinance Amending Article ll of Chapter 42 of the Code of Ordinance of the City of Brookings, and Pertaining to the Board of Health. Public Hearing: January 22, 2019. Resolution 19-004. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Resolution 19-004, a Resolution of Intent to Lease Real Property to Lyle Johnson for Hay Lease at Brookings Airport, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-004 - Resolution of Intent to Lease Real Property to Lyle Johnson for Hay Lease at Brookings Airport Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Lyle Johnson for a period of two (2) years, commencing on January 1, 2019 and ending December 31, 2020, with the option to renew for one additional year (2021) and pertaining to the following described property: The designated hayland on the Brookings Regional Airport, three hundred and fourteen (314) acres more or less in Sections 26, 27, and 35, T110N, R50W, in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Seventy Eight Dollars ($78.00) per acre for the hayland, with the first half payable on July 1 and the remaining half on November 1 of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on January 8, 2019 at 6:00 o’clock P.M. in the Chambers at the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 19-005. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that Resolution 19-005, a Resolution of Intent to Lease Real Property to David Rochel in the Wiese and Freeland Additions, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-005 - Resolution of Intent to Lease Real Property to David Rochel in the Wiese and Freeland Additions Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with David Rochel, commencing on January 1, 2019 and ending December 31, 2019, with the option to renew for one additional year, and pertaining to the following described property: The designated farmland of thirty (30) acres more or less in the Brookings Wiese Addition, in Section 19, T110N, R49W, and the designated farmland of twenty (22) acres more or less in the Brookings Freeland Addition, in Section 18, T110N, R49W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Two Hundred Six Dollars and Fifty Cents ($206.50) per acre for farmland annually, payable first half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on January 8, 2019 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 19-006. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 19-006, a Resolution of Intent to Lease Real Property to Tim Bauer in Section 11-T109N-R50W (Main Avenue S. & 32nd Street S.), be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-006 - Resolution of Intent to Lease Real Property to Tim Bauer in Section 11-T109N-R50W (Main Avenue S. & 32nd Street S.) Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with Tim Bauer for the period of 2019-2020, pertaining to the following described property: The designated hay land, eighteen acres more or less, in Section 11-T109N-R50W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of $50.00 per acre for hay land, payable first half on July 1 and second half on November 1 of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on January 8, 2019 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 19-007. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Resolution 19-007, a Resolution of Intent to Lease Real Property to McHay in Section 21-T110N-R50W, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-007 - Resolution of Intent to Lease Real Property To McHay in Section 21-T110N-R50W Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with MC Hay for a period of two (2) years, commencing January 1, 2019 and ending December 31, 2020, and pertaining to the following described property: The designated hay land, eighty five (85) acres more or less, in Section 21, T110N- R50W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Hundred Ten Dollars and Zero Cents ($110.00) per acre for hay land, payable the first half payment will be due July 1st with the second half due November 1st of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on January 8, 2019, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 19-001.A motion was made by Council Member Niemeyer, seconded by Council Member Bacon, that Resolution 19-001, a Resolution Establishing Fees for Pedal Car/Bar Permits within the City of Brookings, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-001 - A Resolution Establishing Fees for Pedal Bar Permits Issued by the City of Brookings, South Dakota Whereas the fees, and procedures pertaining to Pedal Car/Bar permits shall be established; and Whereas, the City established rules of operation by Ordinance and shall offer a special permit. Now, Therefore, Be It Resolved that the fee for a Pedal Car/Bar Operating Permit be $50. Resolution 19-009.A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, to approve Resolution 19-009, a Resolution approving the Appointment of an Acting City Clerk. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-009 - a Resolution approving the Appointment of an Acting City Clerk Whereas, City Clerk Shari Thornes is retiring and is not currently available to perform the duties of City Clerk; and Whereas, the City Council is authorized pursuant to Section 2.08 of the City Charter to appoint a Clerk. Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota that Angela Ritter, Deputy City Clerk, is hereby appointed as Acting City Clerk of the City of Brookings. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to adjourn the meeting at 6:17 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST:Keith W. Corbett, Mayor Angela Ritter, Acting City Clerk Brookings City Council December 11, 2018 The Brookings City Council held a meeting on Tuesday, December 11, 2018 at 4:00 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Ope Niemeyer, Dan Hansen, Patty Bacon, and Holly Tilton Byrne. Council Members absent: Nick Wendell, Mary Kidwiler. City Manager Paul Briseno, City Attorney Steve Britzman, City Clerk Shari Thornes, and Deputy City Clerk Angie Ritter were also present. 4:00 PM Executive Session A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to enter into Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitne ss of any public officer or employee or prospective public officer or employee, at 4:01 p.m. with the City Council, City Manager, and City Attorney present. The motion carried by a unanimous vote. A motion was made by Council Member Bacon, seconded by Council Member Hansen, to exit Executive Session at 4:45 p.m. The motion carried b y a unanimous vote. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to amend the Consent Agenda to include Resolution 18- 103, a Resolution authorizing the City Manager to sign documents for a Hazard Mitigation Grant Application. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2 - Kidwiler, and Wendell A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to approve the Consent Agenda as amended. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2 - Kidwiler, and Wendell 3.A. Action to approve the agenda, as amended. 3.B. Action to approve minutes. 3.C. Action on appointments to City Boards, Committees and Commissions. Swiftel Center Advisory Committee: appoint Tim Peters (term expires 01/01/2022); Traffic Safety Committee: appoint Charlie Schnabel (term expires 12/31/2021) and Don Norton (term expires 12/31/2019). 3.D. Action on Resolution 18-097, a Resolution setting forth a Schedule of Proposed Fines for Parking Violations of the Ordinances of the City of Brookings, South Dakota Resolution 18-097 - a Resolution setting forth a Schedule of Proposed Fines for Parking 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 the Ordinance set forth below. Schedule of Proposed Fines with Court Costs Section Offense Fine Prior Costs Total Parking Offenses 82-522 Size of Vehicles 60.00 0.00 60.00 120.00 82-523 Prohibited Activities 60.00 0.00 60.00 120.00 82-524 Removal of Vehicles 60.00 0.00 60.00 120.00 82-525 Permit Parking 60.00 0.00 60.00 120.00 Parking Offenses (if paid within 72 hours)/ Without Court Appearance 82-522 Size of Vehicles 60.00 0.00 0.00 60.00 82-523 Prohibited Activities 60.00 0.00 0.00 60.00 82-524 Removal of Vehicles 60.00 0.00 0.00 60.00 82-525 Permit Parking 60.00 0.00 0.00 60.00 3.E. Action on Resolution 18-100. a Resolution to approve the purchase of a 2019 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract #122017-FSC through Sanitation Products. Resolution 18-100 - Resolution Approving the Purchase of a 2019 Elgin Pelican Street Sweeper Whereas, the City Street Department requests action to purchase a 2019 Elgin Pelican Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract #122017-FSC through Sanitation Products; and Whereas, the new sweeper will replace a 2012 Elgin Pelican sweeper. Replacement of street sweepers occurs on a 6-year basis in order to reduce maintenance costs and breakdowns; and Whereas, the 2019 CIP has a budget amount of $190,000. The total price from Sanitation Products is $200,816.00. The overage of the CIP amount will be compensated with the surplus sale of the 2012 Elgin Pelican sweeper. Now Therefore, Be It Resolved that contract from Sanitation Products from Sioux Falls, South Dakota in the amount of $200,816.00 be accepted. 3.F. Action on Resolution 18-103, a Resolution authorizing the City Manager to Sign Documents for a Hazard Mitigation Grant Application. Resolution 18-103 - Resolution authorizing the City Manager to Sign Documents for a Hazard Mitigation Grant Application Whereas, the Brookings City Council desires to apply for a Hazard Mitigation Grant project to the Federal Emergency Management Agency and the State of South Dakota; and Whereas, the City of Brookings is committed to providing a local match towards the project costs; and Whereas, the City of Brookings appoints Banner Associates as the Applicant Agent for the purpose of signing documents and assuring the completion of all application documents. Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign documents on behalf of the City of Brookings associated with a Hazard Mitigation Grant application and funding award documents. City General Employee Contract. A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, that the City General Employee Contract be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Police Department Union Contract. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that the Police Department Union Contract be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2 - Kidwiler, and Wendell. Resolution 18-093, A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Resolution 18-093, a Resolution Awarding Bids for City Hay Lease in Section 21-T110N-R50W (West of Brookings Airport), be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2 - Kidwiler, and Wendell. Resolution 18-093 - Resolution Awarding Bids on City Hay Lease in Section 21-T110N-R50W Whereas, the City of Brookings opened bids for approximately 85 acres of City Hay Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: MC Hay, Brookings, SD - $110.00 per acre; Tim Bauer, Elkton, SD - $110.00 per acre; David Rochel, Aurora, SD - $107.50 per acre; Lyle Johnson, Brookings, SD - $82.00 per acre; and Brian Fett, Dell Rapids, SD - $70.00 per acre; and Whereas, that MC Hay was selected by lottery as allowed by SDCL 5-18A-5(10). Now, Therefore, Be It Resolved that the high bid of $110.00 per acre from MC Hay, Brookings, SD be accepted. Resolution 18-094. A motion was made by Council Member Bacon, and seconded by Council Member Hansen, that Resolution 18-094, a Resolution awarding Bids on City Crop Lease in Wiese and Freeland Additions be approved. Motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2 - Kidwiler, and Wendell. Resolution 18-094 - Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions Whereas, the City of Brookings opened bids for approximately 52 acres of City Crop Lease for City-owned parcels located in Wiese Addition and Freeland Addition, Sections 18 and 19, T110N, R49W, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Lease: David Rochel – $206.50/acre, Brian Fett - $150.00/acre, and Tim Bauer - $120.00/acre. Now, Therefore, Be It Resolved that the high bid of David Rochel, Aurora, SD, for $206.50 per acre be accepted. Resolution 18-095. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 18-095, a Resolution awarding Bids for City Hay Lease in Section 11-T109N-R50W (Main Avenue South & 32nd Street South), be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett: Absent: 2 - Kidwiler, and Wendell. Resolution 18-095 - Resolution Awarding Bids to Lease City Hay Land in Section11-T109N-R50W (Main Avenue South & 32nd Street South) Whereas, the City of Brookings opened bids for a two-year lease of approximately 18 acres of City hay land in Section 11-T109N-R50W, southeast of 32nd Street South and Main Avenue South, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: Tim Bauer, Elkton, SD $50.00/acre; Brian Fett, Dell Rapids, SD $47.00/acre; MC Hay, Brookings, SD $40.00/acre. Now, Therefore, Be It Resolved that the high bid of Tim Bauer, Brookings, SD for $50.00 per acre be accepted. Resolution 18-096. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that Resolution 18-096, a Resolution awarding Bids for Airport Hay Lease be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Resolution No. 18-096 - Resolution Awarding Bids on Airport Hay Lease Whereas, the City of Brookings opened bids to lease approximately 314 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, November 27, 2018 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Airport Hay Lease: Lyle Johnson, Brookings, SD - $78.00 per acre; MC Hay, Brookings, SD - $70.00 per Acre; Tim Bauer, Elkton, SD - $65.00 per acre; and Brian Fett, Dell Rapids, SD - $56.00 per acre. Now, Therefore, Be It Resolved that the high bid of Lyle Johnson, Brookings, SD for $78.00 per acre be accepted. Legal Services Agreement. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, to approve a Legal Services Agreement (01/01/2019 - 12/31/2019) between the City of Brookings and Steven J. Britzman. Motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Legal Services Agreement The City of Brookings and Steven J. Britzman, Attorney-at-Law agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2019 and ending December 31, 2019, unless extended by mutual agreement of the parties in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2019 through December 31, 2019 of Seven Thousand Nine Hundred Eighteen and 70/100 ($7,918.70) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during this Agreement, the City will provide Four Thousand Dollars ($4,000.00) for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City a gree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best in terest of the City. Dated this ____day of December, 2018. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of December, 2018. CITY OF BROOKINGS, SOUTH DAKOTA Paul Briseno, City Manager ATTEST: _______________________________ Shari Thornes, City Clerk Scope of Services for City Attorney for the City of Brookings The City Attorney shall perform the following services: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. Resolution 18-099. A motion was made by Council Member Niemeyer, seconded by Council Member Bacon, that Resolution 18-099, a resolution authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement be approved. Public Comment: Jacob Mills. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Resolution 18-099 - Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016; and Whereas, the parties now desire to modify Sections 4 and 7 of said Development Agreement to extend the time of performance by the Developer to allow the City and Developer to hold further discussions concerning the Brookings Marketplace project. Now, Therefore, Be It Resolved as follows: 1. That an Amendment to the Development Agreement by and between the City of Brookings and Brookings Marketplace, LLC is hereby approved; and 2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. Resolution 18-101. A motion was made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, that Resolution 18-101, a Resolution authorizing the City of Brookings to execute Lease Extension Amendment Agreements with Cellular Inc. Network Corporation D/B/A Verizon Wireless, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Resolution 18-101 - Resolution authorizing the City of Brookings to execute Lease Extension Amendment Agreements with Cellular Inc. Network Corporation d/b/a Verizon Wireless Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, the City of Brookings leases three cell towers to Cellular Inc. Network Corporation d/b/a Verizon Wireless, formerly known as Sanborn Cellular, Inc., d/b/a Verizon Wireless; and Whereas, the three cell towers are located on 22nd Avenue (next to Edgebrook Golf Course), and near Bob Shelden Field (the East Tower on 8th Street South), and at a third location on North Medary (next to the BMU wells and the community gardens); and Whereas, the City has received requests for 25-year least extensions for the three cell towers, resulting in new proposed expiration dates of 2055 and 2056; and Whereas, the City of Brookings finds the proposed terms for the cell tower lea se extensions to be acceptable. Now, Therefore, Be It Resolved as follows the Mayor, City Manager, City Clerk and City Attorney are hereby authorized to execute on behalf of the City the documents required to complete the cell tower lease extensions transactions described herein, consistent with the terms of this Resolution in a manner satisfactory to the City Manager. Temporary Liquor Application. A public hearing was held on a Temporary Liquor Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 2, 2019, for a Gala and Grand to be held at 1700 8th Street South. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve the Temporary Liquor Application. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Ordinance 18-017. A second reading was held on Ordinance 18-017, an Ordinance pertaining to the use of commercial pedal cars in the City of Brookings, South Dakota. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that Ordinance 18-017 be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Resolution 18-102. A public hearing was held on Resolution 18-102, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On -Sale Restaurant Liquor License for or the Lodge, DenWil Hospitality Group, Inc., owner, 2515 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 18-102 be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Resolution 18-102 - Den-Wil Hospitality Group, LLC, dba The Lodge Restaurant Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Dennis Bielfeldt, Den -Wil Hospitality Group, LLC, owner, dba The Lodge, 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 2515 Sixth Street, Legal: Block 12, Telkamp Addition, Brookings, South Dakota Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. 2019 City Manager Compensation Package. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that the 2019 City Manager Compensation Package be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett ; Absent: 2 - Kidwiler, and Wendell. City Council member introduction of topics for future discussion. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, to direct staff to look at the idea of possible electric car charging stations in the City of Brookings. Motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Tilton Byrne, and Corbett; Absent: 2 - Kidwiler, and Wendell. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to adjourn the meeting at 6:37 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 19-011,Version:1 Action on Resolution 19-011, a Resolution Fixing Time and Place for Hearing upon Assessment Roll for Sanitary Sewer Assessment Project 2018-12SSA, Western Avenue between Martin Boulevard and 20th Street South. Summary: This resolution will approve setting the date and time of the public hearing on the Assessment Roll for Sanitary Sewer Assessment Project 2018-12SSA, Western Avenue between Martin Boulevard and 20th Street South. Background: The City received a petition to install sanitary sewer on Western Avenue from approximately 240 feet North of Martin Boulevard to approximately 530 feet North of Martin Boulevard as shown on the attached map. The City Council approved Resolution of Necessity 18-042 on May 22, 2019, authorizing the City to proceed with the project. There are three property owners on the East side of Western Avenue that did not have a sanitary sewer main adjacent to their property and were not hooked up to the City’s sanitary sewer system. This project provided an extension of the sanitary sewer main and each property received one sanitary sewer service. The project has been completed and the City is proceeding with the process to assess the property owners with their portion of the construction costs. The project will be assessed based on special benefits where each of the three property owners will receive similar benefits and thereby would pay similar costs. The assessment cost is $33,504 and each property owner’s cost is $11,168. The assessment will be divided into ten (10) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment. This resolution sets the date and time of the assessment hearing which will be held on Tuesday, February 12, 2019 at 6:00 PM. The City will publish the notice of the public hearing and mail a copy of the notice as required. There will be one upcoming resolution at this meeting to levy the assessment. Fiscal Impact: The assessment costs will be approved with the resolution to levy the project. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Resolution 19-011 Resolution Fixing Time and Place for Hearing upon Assessment Roll for Sanitary Sewer Assessment Project 2018-12SSA, Western Avenue between Martin Boulevard and 20 th Street South Be It Resolved, by the City Council of the City of Brookings, South Dakota, as follows: 1. The Assessment Roll for Sanitary Sewer Assessment Project 2018-12SSA, having been filed in the office of the City Clerk on the 22nd day of January, 2019, and the City Council shall meet in the Chambers, Brookings City & County Government Center, in said City on Tuesday, the 12 th day of February, 2019, at 6:00 o'clock PM. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Sanitary Sewer Assessment Project 2018-12SSA, the date of filing the Assessment Roll, the time and place of hearing thereon, stating that the Assessment Roll will be open for public inspection at the office of the City Engineer and referring to the Assessment Roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper not less than ten (10) nor more than twenty (20) days before the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization not less than ten (10) nor more than twenty (20) days before the date set for said hearing. Passed and approved this 22nd day of January, 2019. CITY OF BROOKINGS ____________________________ Keith W. Corbett, Mayor ATTEST: ___________________________ Angela Ritter, Acting City Clerk 100 ft 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 19-012,Version:1 Action on Resolution 19-012, a Resolution authorizing the City Manager to Sign Easement Documents for City Property Located in Mayland’s First Addition and Insbrook Park Addition. Summary: This resolution will authorize the City Manager to sign easement documents for the 22 nd Avenue reconstruction project for City-owned parcels located in Mayland’s First Addition and Insbrook Park Addition. Background: The 22nd Avenue Reconstruction Project between Minnesota Drive and Eastbrook Drive is in the design phase with anticipated construction in 2019. The project involves widening the current roadway to include five (5) driving lanes that are 11 feet wide and an 8 foot wide shared use path. The City of Brookings is the owner of the Larson Park and water tower property located in Block 4 of Mayland’s First Addition and Block 1 of Insbrook Park Addition. The project will require temporary and permanent easements for the construction as shown on the attached drawings. The temporary easement will expire upon completion of the project and the permanent easement will be recorded with the Register of Deeds. Fiscal Impact: None Recommendation: Staff recommends approval. Attachments: Resolution Easements City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Resolution 19-012 A Resolution Authorizing the City Manager to Sign Easement Documents for City Property Located in Mayland’s First Addition and Insbrook Park Addition Whereas, the City of Brookings desires the 22nd Avenue Reconstruction Project which will include roadway widening and shared-use path; and Whereas, the City of Brookings is the owner of property in Block 4 of Mayland’s First Addition and Block 1 of Insbrook Park Addition; and Whereas, temporary and permanent easements are necessary for the construction of the project. Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign easement documents for City property located in Mayland’s First Addition and Insbrook Park Addition. Dated this 22nd day of January, 2019. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: ____________________________ Angela Ritter, Acting City Clerk Easement-1 of 2 Prepared by: Brookings City Engineer’s Office 520 3rd St., PO Box 270 Brookings, SD 57006-0588 PERMANENT EASEMENT The undersigned, City of Brookings, being the owners of real estate described as South 164.3 feet of the West 454.32 feet of Lot 1 in Block 4 of Mayland’s First Addition to the City of Brookings, County of Brookings, State of South Dakota, Lot 7A in Block 1 of Insbrook Park Addition to the City of Brookings, County of Brookings, State of South Dakota, Lot 8 in Block 1 of Insbrook Park Addition to the City of Brookings, County of Brookings, State of South Dakota, for and in consideration of the sum of one dollar ($1.00) and other consideration, hereby grant to the City of Brookings, South Dakota, a municipal corporation, Grantee, a permanent and perpetual public access and utility easement, including the right of ingress and egress and to construct concrete sidewalk on, under and through the above-described property, approximately 3,256 square feet, more or less, and more distinctively shown on Exhibit A, which is attached to this easement. Special Conditions: In consideration of the conveyance of this easement, the City of Brookings agrees to repair any damages which may result to the above-described property resulting from the construction of said sidewalk. Dated this day of , 2019. Paul Briseno, City Manager City of Brookings, South Dakota Attest: Angie Ritter, Acting City Clerk Easement-2 of 2 State of South Dakota ) : SS. County of Brookings ) Be it remembered that on this the __________ day of ____________________, _______, before me, ____________________________________________, the undersigned officer, personally appeared Angie Ritter, Acting City Clerk, and Paul Briseno, City Manager, well known to me to be the persons who are described in and who executed this Permanent Easement and who acknowledged to me that they executed the same as their own free act for the purposes therein set forth. ______________________________________ Notary Public – South Dakota My Commission Expires: ____________________(SEAL) Easement-1 of 2 Prepared by: Brookings City Engineer’s Office 520 3rd St., PO Box 270 Brookings, SD 57006-0588 TEMPORARY CONSTRUCTION EASEMENT The undersigned, City of Brookings, being the owners of real estate described as South 164.3 feet of the West 454.32 feet of Lot 1 in Block 4 of Mayland’s First Addition to the City of Brookings, County of Brookings, State of South Dakota, Lot 7A in Block 1 of Insbrook Park Addition to the City of Brookings, County of Brookings, State of South Dakota, Lot 8 in Block 1 of Insbrook Park Addition to the City of Brookings, County of Brookings, State of South Dakota, for and in consideration of the sum of one dollar ($1.00) and other consideration, hereby grant to the City of Brookings, South Dakota, a municipal corporation, Grantee, a temporary construction easement, including the right of ingress and egress, for the purposes of a street, grading, sidewalk, storm sewer and utilities construction project, through the above-described property, as shown on the attached Exhibit. The easement shall expire upon completion of the work. Special Conditions: In consideration of the conveyance of this easement, the City of Brookings agrees to repair any damages which may result to the above-described property resulting from the construction, maintenance or repairing of the said work. Dated this day of , 2019. Paul Briseno, City Manager City of Brookings, South Dakota Attest: Angie Ritter, Acting City Clerk Easement-2 of 2 State of South Dakota ) : SS. County of Brookings ) Be it remembered that on this the __________ day of ____________________, _______, before me, ____________________________________________, the undersigned officer, personally appeared Angie Ritter, Acting City Clerk, and Paul Briseno, City Manager, well known to me to be the persons who are described in and who executed this Temporary Construction Easement and who acknowledged to me that they executed the same as their own free act for the purposes therein set forth. ______________________________________ Notary Public – South Dakota My Commission Expires: ____________________(SEAL) 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 19-013,Version:1 Action on Resolution 19-013, a Resolution awarding the contract to purchase one Chip Truck for the Brookings Parks, Recreation and Forestry Department. Summary: On January 15, 2019, a bid opening was held for One Chip Truck which is in the 2019 CIP for Brookings Parks, Recreation and Forestry Department. Three bids were received: ·Custom Truck One Source in the amount of $90,500. ·Boyer Trucks in the amount of $97,480. ·North Central International of Sioux Falls, Inc. in the amount of $100,231. The Forestry division utilizes a Chip Truck for collecting wood chips from the chipper, transporting, hauling, and dumping the wood chips. This new truck will replace one 1995 Chip Truck. The bid from Custom Truck One Source is in the amount of $90,500. The Parks Department Forestry capital budget for the Chip Truck expenditure is $110,000. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 1/18/2019Page 1 of 1 powered by Legistar™ Resolution 19-013 Resolution Awarding the Contract for the purchase of One Chip Truck for the Brookings Parks, Recreation and Forestry Dept. Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, January 15, 2019; and Whereas, the City of Brookings has received the following bids: Company Bid Price Custom Truck One Source $90,500.00 Boyer Trucks $97,480.00 North Central International of Sioux Falls, Inc.$100,231.00 The 2019 Parks Department Forestry Division capital budget for this expenditure is $110,000.00. Now Therefore, Be It Resolved that the bid from Custom Truck in the amount of $90,500.00 be accepted. Passed and approved this 22nd day of January, 2019. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Angela Ritter, Acting 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 19-014,Version:1 Action on Resolution 19-014, a Resolution to purchase two (2) Toro Greensmaster Triflex 3320, one (1) Toro Sand Pro 5040 off of the National Joint Powers Alliance for the Parks, Recreation & Forestry Department (EdgeBrook Golf Course). Summary: The Parks, Recreation & Forestry Department has received a quote from Midwest Turf & Irrigation through the National Joint Powers Alliance for: ·two (1) Toro Greensmaster Triflex 3320 $88,401 ·one (1) Toro Sand Pro 5040 $27,703 The equipment replaces two 2009 greens mowers and a 2000 field groomer, which will be traded in at a value of $9,200. The purchase of the equipment is in the 2019 CIP. Fiscal Impact: The purchase price of the equipment is $116,104 minus the trade-in value of $9,200, for a total purchase price of $106,904. The budgeted 2019 CIP amount for the equipment is $107,000. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Resolution 19-014 Resolution to purchase two (2) Toro Greensmaster Triflex 3320, one (1) Toro Sand Pro 5040, off of the National Joint Powers Alliance for the Parks, Recreation & Forestry Department. Whereas, the City of Brookings has sought and received the following quote for two (2) Toro Greensmaster Triflex 3320, one (1) Toro Sand Pro 5040 from the National Joint Powers Alliance: Company Bid Amount Midwest Turf & Irrigation two (2) Toro Greensmaster Triflex 3320 $88,401 one (1) Toro Sand Pro 5040 $27,703 equipment trade-in value ($9,200) Now Therefore, Be It Resolved that the contract from Midwest Turf & Irrigation in the amount of $106,904 be accepted. The capital budget for this expenditure is $107,000. Passed and approved this 22nd day of January, 2019. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Angela Ritter, Acting 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 2019-0035,Version:1 December 31, 2018 Treasurer’s Report. Summary: Chief Financial Officer and Interim Finance Director will present a Treasurer’s Report. City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ REVENUES:2017 Y-T-D 2018 Y-T-D Sales Tax: 1st Penny $6,657,027 $6,936,519 75% 2nd Penny $4,984,067 $5,193,467 25% 2nd Penny $1,638,149 $1,707,363 Pillow Tax $933,057 $918,052 BID $247,832 $247,790 TOTAL SALE & USE TAX:$14,460,132 $15,003,191 Property Tax:$2,961,678 $3,039,100 $17,421,810 $18,042,291 EXPENDITURES:Budget 2018 2018 Y-T-D % Used Mayor & Council $137,524 $93,821 68.22% City Clerk $354,248 $284,612 80.34% City Manager $373,462 $356,673 95.50% City Attorney $106,482 $96,482 90.61% Human Resources $242,191 $245,136 101.22% Finance $483,296 $473,334 97.94% IT $263,415 $222,727 84.55% Government Buildings $91,866 $85,385 92.94% Community Development $532,373 $469,124 88.12% Engineering $519,792 $472,935 90.99% County Reimbursement $411,526 $353,243 85.84% Police Department $3,638,659 $3,281,381 90.18% Fire Department $653,506 $545,374 83.45% Hydrant Rental $94,415 $94,415 100.00% Street Department $2,974,591 $2,815,151 94.64% Animal Control $106,432 $97,239 91.36% Dakota Nature Park $92,739 $67,684 72.98% Aquatic Center $423,190 $355,279 83.95% Recreation Department $360,020 $297,999 82.77% Parks Department $1,970,416 $1,788,609 90.77% Ice Arena $732,730 $576,121 78.63% Forestry $587,056 $544,927 92.82% Library $1,088,418 $1,016,440 93.39% Subsidies $668,700 $613,484 91.74% CIP $8,979,263 $6,039,587 67.26% TREASURER'S REPORT December 31, 2018 TOTAL SALES TAX & PROPERTY TAX : 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 19-010,Version:1 Action on Resolution 19-010, a Resolution Approving Change Order No. 1 (Final) for 2018-05SSI, Viaduct Drainage Improvement Project; VJ Ahlers Excavating, Inc. Summary: This resolution will approve Change Order No. 1 (Final) for 2018-05SSI, Viaduct Drainage Improvement Project with VJ Ahlers Excavating, Inc. for a total increase of $8,681.82 and will extend the contract substantial completion date by 14 working days to close out the project. Background: The Viaduct Drainage Improvement Project is located on 6th Avenue South between 1st Street South and 2nd Street as shown on the attached map. This drainage project was designed by Banner Associates and included new storm sewer pipe and inlets, concrete pavement, lighted flood warning system, and articulated concrete mattress to stabilize the embankment on the East side of 6th Avenue South. The project is completed and ready to be closed out. This resolution approves Change Order No. 1 (Final) to adjust plan quantities to as-constructed quantities and for additional drain tile work and railroad ballast for a total increase of $8,681.82. The resolution will also extend the contract substantial completion date by 14 working days to close out the project. Staff recommends approval of the time extension due to the delay in railroad approval, water main, and gas line work. A summary is as follows: Original Contract Price:$399,568.00 Increase from Previously Approved Change Order:$0.00 Contract Price Prior to this Change Order:$399,568.00 Increase of this Change Order No. 1:$8,671.82 Contract Price incorporating this Change Order:$408,239.82 Fiscal Impact: The construction contract will be increased by $8,671.82 and will be paid out of the Storm Drainage Fund. Recommendation: Staff recommends approval. Attachments: Resolution Map Letter from VJ Ahlers Excavating, Inc. City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Resolution 19-010 Resolution Authorizing Change Order No. 1 (Final) for 2018-05SSI, Viaduct Drainage Improvement Project, VJ Ahlers Excavating, Inc. Be It Resolved by the City Council that the following Change Order be allowed for 2018- 05SSI, Viaduct Drainage Improvement Project: Construction Change Order No. 1 (Final): Adjust plan quantities to as-constructed quantities and for additional drain tile work and railroad ballast for a total increase of $8,681.82 and extend the contract substantial completion date by 14 working days to close out the project. Passed and approved this 22nd day of January, 2019. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Angela Ritter, Acting City Clerk B rook ings County, SD 295 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Roa ds 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 19-002,Version:1 Introduction and First Reading on Ordinance 19-002, an Ordinance pertaining to a Conditional Use Permit to erect a temporary telecommunication tower with a height of 165 feet in a Residence R-2 Two-Family District on Lot 3 and the East ½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street. Summary: Brookings Municipal Utilities (BMU) has requested a Conditional Use Permit to erect a temporary telecommunications tower with a height of 165 feet in a residential district until the new water tower is constructed. At such time, a permanent telecommunications tower will be co-located on the water tower structure. Background: The property is located along 4th Street in a residential district and is owned by the City of Brookings. The existing telecommunications tower is co-located on the current water tower. The water tower is scheduled to be replaced with an estimated construction timeline of July 2019 to August 2020. The temporary telecommunication tower is necessary to provide cellular service until the new water tower is constructed. The location of the monopole is near the rear of the property close to the alley to minimize aesthetic impacts and maximize the distance from homes. Section 94-396 of the Zoning Ordinance states the maximum height of a telecommunication tower in a residential district shall be determine through the conditional use process. The development standards section requires the tower to meet the setbacks of the district and to have a setback from residential structures no less than the tower height. The tower meets the setbacks of the R-2 District; however, it is not feasible to have a setback the height of the tower due to the limited land area. BMU is requesting a 60-foot setback from the nearest residence with the conditional use permit. Section 94-301.4 states the following: Telecommunication towers shall be sited to minimize the visual impact on surrounding uses. The ability to provide stealth design elements and adequately screen the tower base and equipment facilities from any residential buildings shall be given special consideration. Co-location is important in minimizing the visual presence of towers within the community. Therefore, construction of any new tower shall have the capacity to accommodate more than one provider. The tower has been strategically located near the alley to help mitigate visual impacts and provide a greater setback distance from residences. A Conditional Use is defined as a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration of the impacts of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted. In this case, the temporary telecommunications tower is necessary to fill a service gap while the new water tower is being constructed. Telecommunication/cellular service is a public need as it assists with emergency service and response for the citizens of Brookings. City of Brookings Printed on 1/17/2019Page 1 of 2 powered by Legistar™ File #:ORD 19-002,Version:1 Recommendation: Staff recommends approval of the conditional use permit with the following condition: 1.The monopole shall be removed and the temporary telecommunication tower shall be co- located on the new water tower within 12 months of the completion of the water tower. Planning Commission Recommendation: The Planning Commission voted 7-0, with one member abstaining, to recommend approval of the conditional use permit with the following condition: 1.The temporary telecommunication tower shall be removed and the antenna shall be co- located on the new water tower within 12 months of the completion of the water tower. Attachments: Ordinance 01-07-2019 Planning Commission Minutes Notice Vicinity Map Conditional Use Map Site Plan City of Brookings Printed on 1/17/2019Page 2 of 2 powered by Legistar™ Ordinance 19-002 An Ordinance Pertaining to an Application for a Conditional Use to erect a Temporary Telecommunication Tower with a Height of 165 feet in a Residence R-2 Two-Family District. Be It ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved to erect a temporary telecommunication tower with a height of 165 feet on Lot 3 and the East ½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street with the following condition: 1. The temporary telecommunication tower shall be removed and the antenna shall be co-located on the new water tower within 12 months of the completion of the water tower. All sections and ordinances in conflict herewith are hereby repealed. First Reading:January 22, 2019 Second Reading:February 12, 2019 Published: CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: ________________________________ Angela Ritter, Acting City Clerk Planning Commission Brookings, South Dakota January 7, 2019 OFFICIAL MINUTES Chairperson Eric Rasmussen called the regular meeting of the City Planning Commission to order on Monday, January 7, 2019, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Leah Brink, James Drew, Greg Fargen, Alan Johnson, Charles Siver, Lee Ann Pierce and Fargen. Absent was Gregg Jorgenson. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Curt Kabris and Eric Witt representing BMU, and others. Item #5a – Brookings Municipal Utilities has submitted an application for a Conditional Use on Lot 3, and the E 1/2 of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street. (Drew/Fargen) Motion to approve the Conditional Use. (Pierce/Aiken) Motion to amend the original motion to include the Staff Recommendation that the temporary telecommunication tower shall be removed and the antenna shall be co-located on the new water tower within 12 months of the completion of the water tower. The amendment was voted on. All present voted aye, except Rasmussen who abstained. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye, except Rasmussen who abstained. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – Kabris informed those in attendance that BMU is replacing a water tower, and Swiftel needs to be able to erect a temporary communication tower to keep 911 services and other phone services up and running during the construction. Upon investigation, they have found that placing a temporary communication tower on the same site would be most beneficial. They have been through FAA approval and the FCC process is still under review. Aiken asked how tall the new water tower will be? Witt explained that the new tower will actually be shorter than the current tower. Kabris commented that the temporary tower will have to be slightly taller than the current tower to allow for the demolition of the old tower and to prevent shadowing issues with the towers. 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 APPLICATION FOR CONDITIONAL USE NOTICE IS HEREBY GIVEN THAT BROOKINGS MUNICIPAL UTILITIES submitted an application for a Conditional Use on the following described real estate: Lot 3, and the E ½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4th Street The request is to erect a temporary communications tower with a height of 165 feet in a Residence R-2 Two-Family District NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Monday, January 7, 2019, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 28 th day of December, 2018. ____________________________ Staci Bungard City Planner B rook ings County, SD Vicinity Map - Con ditio na l Use Temporary Telecommunication Tower 127 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 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 19-001,Version:2 Second Reading and Action on Ordinance 19-001, an Ordinance Amending Article ll of Chapter 42 of the Code of Ordinance of the City of Brookings, and Pertaining to the Board of Health. Summary:The board will go from nine to seven members by removing the County board member and licensed physician. All Board of Health members will be appointed by the Mayor with approval of the City Council. The board members may be appointed for additional terms and the board will meet a minimum of once a year. Background:Brookings County requested the ordinance be changed to take the county appointed official off the Board of Health. Also, further research found that the city is not required to have a City Health Officer as a licensed physician on the Board of Health. Recommendation: Staff recommends approval. Attachments: Ordinance-clean Ordinance-marked City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Ordinance 19-001 An Ordinance Amending Article ll of Chapter 42 of the Code of Ordinances of the City of Brookings, and Pertaining to the Board of Health. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Chapter 42, Article II, Board of Health. Sec. 42-31. - Board of health established. The city has established the board of health to act in an advisory capacity to the city council concerning public health issues. Sec. 42-32. - Composition. The board of health is composed of seven members. Representation on the board of health shall be representative of industry, the transportation industry, environmental, the business community, agricultural business, economics and government. Two of the board members may reside outside the corporate limits of the city, but within this county. Sec. 42-33. - Appointment. The board of health shall be appointed by the mayor with the approval of the city council. Sec. 42-34. - Term of office. The members of the board of health shall be appointed for three-year, staggered terms. Upon expiration of an appointment, a member may thereafter be appointed for additional terms. Sec. 42-35. - Vacancies. Should a vacancy occur on the board of health as a result of the death, removal or inability of any member to perform the duties of office, the mayor, with approval of the city council, shall appoint a member to fill a vacancy for the unexpired period of the term of the vacant position. Sec. 42-36. - Meetings. The board of health shall meet a minimum of once each year, or upon the call of the president or secretary of the board of health. Meetings will be held at the Brookings City & County Government Center, unless otherwise specified. Sec. 42-37. - Quorum. A majority of the members of the board of health shall constitute a quorum for the transaction of its business. Sec. 42-38. - Secretary. The secretary of the board of health shall maintain the records of the board of health. Sec. 42-39. - Powers generally. The board of health shall provide general supervision of the overall health of the city, with power to take all steps and measures necessary to promote the cleanliness and healthfulness of the city, to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. The board of health shall also provide general supervision over the sanitary conditions of the city, the operation of the Brookings Regional Landfill and the city solid waste collection system. Sec. 42-40. - Duties generally. (a) The board of health shall provide the city council the advice and information it determines appropriate and necessary concerning the public health of the city; and whenever it shall hear of the existence of a toxic or potentially hazardous environmental condition or contagious, dangerous or deadly disease, it shall promptly investigate the same and adopt necessary measures to arrest its progress. The board of health shall exercise general supervision over the sanitation laws of the state and city. For completing these requirements, it shall be permitted at all times, for good cause, to enter any private or public property to make a thorough examination of the premises. (b) In addition, the board of health shall provide advice and counsel to the city council and city staff in the operations of the Brookings Regional Landfill and the city solid waste collection operation, including: (1) Providing public education for the need of all phases of an integrated solid waste management system. (2) Establishing a comprehensive, realistic solid waste plan for the city. (3) Developing a financial policy to build and operate an integrated solid waste program; and (4) Developing and promoting recycling, and developing and promoting pilot programs for the collection of household hazardous waste and reducing solid waste. Sec. 42-41. - Supervision. The powers and duties of the board of health shall be subject to the supervision of the state department of health and the state department of environment and natural resources. Secs. 42-42—42-70. - Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: January 8, 2019 Second Reading: January 22, 2019 Publication: CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Angela Ritter, Acting City Clerk Ordinance 19-001 An Ordinance Amending Article ll of Chapter 42 of the Code of Ordinances of the City of Brookings, and Pertaining to the Board of Health. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Chapter 42, Article II, Board of Health. Sec. 42-31. - Board of health established. The city has established the board of health to act in an advisory capacity to the city council concerning public health issues. Sec. 42-32. - Composition. The board of health is composed of seven nine members. Representation on the board of health shall be representative of industry, the transportation industry, environmental, the business community, agricultural business, economics and government. one of whom shall be a licensed physician in active practice in the city; one whom shall be a county commissioner; one of whom shall represent industry; one of whom shall represent environmental concerns; one of whom shall represent business; one of whom shall represent agricultural business; one of whom shall represent the transportation industry; one of whom shall have a formal background in economics; and one of whom shall represent governmental institutions. Two of the board members may reside outside the corporate limits of the city, but within this county. Sec. 42-33. - Appointment. The board of health shall be appointed by the mayor with the approval of the city council. with the exception of the county commission position which is appointed by the county commission. Sec. 42-34. - Term of office. The members of the board of health shall be appointed for three-year, staggered terms. Upon expiration of an appointment, a member may thereafter be appointed for one additional terms of three years. Sec. 42-35. - Vacancies. Should a vacancy occur on the board of health as a result of the death, removal or inability of any member to perform the duties of office, the mayor, with approval of the city council, shall appoint a member to fill a vacancy for the unexpired period of the term of the vacant position. Sec. 42-36. - Meetings. The board of health shall meet a minimum of once each twice a year, or upon the call of the president or secretary of the board of health. Meetings will be held at the Brookings City & County Government Center, unless otherwise specified. Sec. 42-37. - Quorum. A majority of the members of the board of health shall constitute a quorum for the transaction of its business. Sec. 42-38. - Secretary. The secretary of the board of health shall maintain the records of the board of health. Sec. 42-39. - Powers generally. The board of health shall provide general supervision of the overall health of the city, with power to take all steps and measures necessary to promote the cleanliness and healthfulness of the city, to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. The board of health shall also provide general supervision over the sanitary conditions of the city, the operation of the Brookings Regional Landfill and the city solid waste collection system. Sec. 42-40. - Duties generally. (a) The board of health shall provide the city council the advice and information it determines appropriate and necessary concerning the public health of the city; and whenever it shall hear of the existence of a toxic or potentially hazardous environmental condition or contagious, dangerous or deadly disease, it shall promptly investigate the same and adopt necessary measures to arrest its progress. The board of health shall exercise general supervision over the sanitation laws of the state and city. For the purpose of completing these requirements, it shall be permitted at all times, for good cause, to enter any private or public property to make a thorough examination of the premises. (b) In addition, the board of health shall provide advice and counsel to the city council and city staff in the operations of the Brookings Regional Landfill and the city solid waste collection operation, including: (1) Providing public education for the need of all phases of an integrated solid waste management system. (2) Establishing a comprehensive, realistic solid waste plan for the city. (3) Developing a financial policy to build and operate an integrated solid waste program; and (4) Developing and promoting recycling, and developing and promoting pilot programs for the collection of household hazardous waste and reducing solid waste. Sec. 42-41. - Supervision. The powers and duties of the board of health shall be subject to the supervision of the state department of health and the state department of environment and natural resources. Sec. 42-42. - City health officer. The health officer shall be a licensed physician in active practice in the city and shall be the executive officer of the board of health. The health officer shall serve for one year or until a successor is appointed. The health officer shall be entitled to receive compensation as determined by the city council for services performed. Secs. 42-42—42-70. - Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: January 8, 2019 Second Reading: January 22, 2019 Publication: CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Angela Ritter, Acting 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 19-015,Version:1 Action to approve Resolution 19-015, a Resolution Approving the Appointment of an Acting City Clerk. Summary: This resolution will appoint Bonnie Foster as Acting City Clerk of the City of Brookings. Background: The City Council is authorized pursuant to Section 2.08 of the City Charter to appoint a Clerk. Bonnie Foster worked in the City Clerk Office for the past 15 years. Most recently she held the position of Deputy City Clerk for 11 years where she assisted and performed many primary duties required of the City Clerk. This valuable experience and knowledge will benefit the City of Brookings and those served by this position. The City Manager is tasked with management of all positions and operations to ensure the attainment of City Council’s goals, objectives, and policy. The City Clerk’s duties will be honed to focus primarily on licensing, maintenance of official records, agendas, public notices, ordinances, resolutions and public inquiries. These are the duties of the City Clerk. All prior committees under this position will be disseminated and embraced throughout the organization. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™ Resolution 19-015 A Resolution Approving the Appointment of an Acting City Clerk Whereas, the City Council is authorized pursuant to Section 2.08 of the City Charter to appoint a Clerk; Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota: That Bonnie Foster is hereby appointed as Acting City Clerk of the City of Brookings. Passed and approved on the 22nd day of January, 2019. CITY OF BROOKINGS ATTEST: Keith W. Corbett, Mayor Bonnie Foster, Acting 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 2019-0034,Version:1 Executive Session, pursuant to SDCL 1-25-2 (3, 5), for purposes of Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2. City of Brookings Printed on 1/17/2019Page 1 of 1 powered by Legistar™