HomeMy WebLinkAbout2019_10_08 CC PKT - REVISEDCity 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 8, 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.
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 2019-0421 Action to approve the September 24, 2019 City Council Minutes.
MinutesAttachments:
3.C.RES 19-072 Action on Resolution 19-072, a Resolution authorizing the City Manager to
sign a Liquor Operating Agreement 5-year renewal for Jim’s Tap, 309
Main Ave., Don Urquhart & Mary VandeCrommert, owners, legal
description: Lot 5, Block 3, Original Plat Addition.
Page 1 City of Brookings
October 8, 2019City Council Meeting Agenda
Resolution
Operating Agreement
Attachments:
3.D.RES 19-083 Action on Resolution 19-083, a Resolution Fixing Time and Place for
Hearing upon Assessment Roll for Sidewalk Assessment Project No.
2018-01SWR (2018 Sidewalk Repair Sites).
ResolutionAttachments:
3.E.RES 19-084 Action on Resolution 19-084, a Resolution declaring surplus property for
the City of Brookings.
ResolutionAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
6. Contracts/Change Orders:
6.A.RES 19-082 Action on Resolution 19-082, a Resolution Awarding Bids on 2019-20,
Contractor Snow Removal Contacts.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7. Ordinance First Readings:
The title of the Ordinance is read. No vote is required on the first reading of an
Ordinance. Public Comment and Council discussion is permitted. The date for the
second reading is announced.
8. Public Hearings and Second Readings:
8.A.ORD 19-022 Public Hearing and Action on Ordinance 19-022, an Ordinance rezoning
for Lots 6 & 7, Block 12, Folsom Addition from R-3A to B-3 District (166 &
170 1st Avenue South).
Page 2 City of Brookings
October 8, 2019City Council Meeting Agenda
Memo
Ordinance
City Council Notice
09-03-2019 Planning Commission Minutes
Planning Commission Notice
Rezoning Map
Future Land Use Map
Urban Medium Intensity
B-3 District
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
9/24/19 City Council read into the record
9. Other Business:
9.A.RES 19-067 Action on Resolution 19-067, a Resolution Urging the Legislature to
Protect Consumer Choice and the Ability of Municipal Electric Utilities to
Annex Service Territory.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2019-0439 Discussion on proposal to Amend Section 2.08 of City of Brookings
Charter to provide for appointment of the Clerk by the City Manager.
Memo - REVISED 10.08.2019
Memo
Proposed Ordinance
Section 8.01 City Charter
Attachments:
Possible 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.ID 2019-0435 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting
with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
12. Adjourn.
Page 3 City of Brookings
October 8, 2019City Council Meeting Agenda
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, 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 by contacting (605) 692-6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Susan Rotert, City Human Resources Director and 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 2019-0421,Version:1
Action to approve the September 24, 2019 City Council Minutes.
Attachments:
09/24/2019 Minutes
City of Brookings Printed on 10/3/2019Page 1 of 1
powered by Legistar™
Brookings City Council
September 24, 2019 (unapproved)
The Brookings City Council held a meeting on Tuesday, September 24, 2019 at 6:00
PM, at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Patty Bacon, Leah Brink, Dan Hansen, Holly Tilton Byrne, Nick
Wendell, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman,
and Acting City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Wendell, seconded by
Council Member Hansen, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton
Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the September 5 and September 10, 2019 City Council
Minutes.
3.C. Action on Preliminary Plat for Lots 1-6, Block 8; Lots 82-89, Block 11; Lots
7-23, Block 12; Lots 56-81, Block 14; Lots 90-109, Block 15; Lots 110A, 110B,
111A, 111B, 112A, 112B, Block 15; Lots 116-122, Block 15; Lots 124-128, Block 16;
Lots 148-154, Block 16 of Prairie Hills Addition.
3.D. Action on Resolution 19-079, a Resolution Directing Preparation of the
Assessment Roll, Dividing Assessments into Installments, and Providing for the
Collection T hereof for Sidewalk Assessment Project 2018-01SWR (2018 Sidewalk
Repairs).
Resolution 19-079 - Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and Providing for the Collection Thereof for Sidewalk
Assessment Project 2018-01SWR, 2018 Sidewalk Repairs
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
18-051, Resolution Determining the Necessity of Repairing or Installing Sidewalks for
Sidewalk Assessment Project No. 2018-01SWR. 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 Sidewalk Assessment Project No. 2018-01SWR 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 City Hall showing the total cost of said improvement as follows:
Final Contract price $388,149.98
Engineering, inspection, fiscal, legal expense, publicati on $ 2,002.36
Total Expense $390,152.34
4. The total cost of said improvement shall be paid as follows:
City Repair Costs $355,144.02
Assessable Costs $33,005.96
5. There shall be made and filed in the office of the City Clerk an assessment roll for
said improvement. The assessments shall be on the basis of benefits upon each lot or
tract of land contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments for all
amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be
due.
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.
8. The interest rate to be borne by the unpaid installments of the special assessment is
ten percent (10%).
3.E. Action on Resolution 19-080, a Resolution declaring surplus property for the
City of Brookings.
Resolution 19-080 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings: Swiftel Center: unclassified soil material –
approx. 9,500 cubic yards. Police Dept.: 2017 Ford Explorer Police Interceptor. VIN
1FM5K8AT6HGA62881. Purchased 09/2016. Current mileage: 113,676; 2017 Ford
Explorer Police Interceptor. VIN 1FM5K8AT4HGA62880. Purchased 09/2016. Current
Mileage: 105,903; 2015 Dodge Charger. VIN 2C3CDXKT6FH875464. Purchased
7/2015. Current Mil eage: 108,120; Martel - Model #MDE2, Serial #025138; Camera -
Model #22X Color CCD, Serial #SC-5.138; Screen - Serial #025138; Martel - Model
#MDE2, Serial #023966; Screen - Serial #024584; Martel - Model #MDE2, Serial
#024585; Martel - Model #MDE2, Serial #025139; Camera - Model: Kustom Sig., Serial
#IN00506; Martel Screen - Serial #024585; Martel - Serial #023967; Martel - Serial
#023966; 22X Color Martel - Serial #SC-3.966; 22X Color Martel - Serial #SC-3.201;
Martel - Model #MDE2, Serial #024584; Signal box that goes to light bar - Model #SPS2
A, Serial #5242; Martel – Model #MDE2, Serial #023967; Motorola Radio Model
#AAW50RWCAA1AW, Serial #822TEYS822; Motorola Radio Model #44GMC09C3AA,
Serial #159TYCH289; Motorola Radio Model #M44DGC9DE2AA, Serial #869YEC3288;
Motorola Radio Model #M44GMC09C3AA, Serial #159TYCH292;Genesis Decatur
Model #G25-13243; Radar Unit Serial #; Antenna - Serial #G2SK-06773, Serial
#G2SK-0767; Martel Camera - Model #22X, Serial #SC-2.896; Martel Camera Screen
025139; 22X Color CCD Martel Camera, Serial #SC-4.585; 22X Color CCD Martel
Camera, Serial #SC-4.584.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property; and
Whereas, the City Manager is hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6 -13.
Open Forum. Glen Bren asked for information regarding a second grocery store
coming to Brookings. Mayor responded that there is no information at this time.
Annual Elected Officials Emergency Management Briefing . Bob Hill, Brookings
County Director of Emergency Management, presented a briefing on emergency
management issues to the City Council and members of the public.
Department Presentation. Jackie Lanning, City Engineer, presented an Engineering
Dept. update to the City Council and the public.
FIRST READING – Ordinance 19-022. Introduction and first reading was held on
Ordinance 19-022, an Ordinance rezoning for Lots 6 & 7, Block 12, Folsom Addition
from R-3A to B-3 District (166 & 170 1st Avenue South). Second Reading: October 8,
2019.
Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol
Application from Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota for the Agri -Partners Connections Networking Social to be
held October 12, 2019 at the SDSU Alumni Center Woster Celebration Hall, 815
Medary Ave. A motion was made by Council Member Niemeyer, seconded by Council
Member Wendell, that the Temporary Alcohol Application be approved. The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon,
Wendell, and Tilton Byrne.
Resolution 19-078. A motion was made by Council Member Hansen, seconded by
Council Member Wendell, that Resolution 19 -078, a Resolution approving an
Application for Financial Assistance, authorizing the Execution and Submittal of the
Application, and Designating an Authorized Representative to Certify and Sign Payment
Requests, be approved. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 19-078 - Resolution Approving an Application for Financial Assistance,
Authorizing the Execution and Execution and Submittal of the Application, and
Designating an Authorized Representative to Certify and Sign Payment Reques ts
Whereas, the City of Brookings (the “City”) has determined it is necessary to proceed
with improvements to its Storm Water System, including but not limited to replacing
storm sewer pipes in the State Avenue Watershed (the “Project”); and
Whereas, the City has determined that financial assistance will be necessary to
undertake the Project and an application for financial assistance to the South Dakota
Board of Water and Natural Resources (the “Board”) will be prepared; and
Whereas, it is necessary to designate an authorized representative to execute and
submit the Application on behalf of the City and to certify and sign payment requests in
the event financial assistance is awarded for the Project,
Now, Therefore, Be It Resolved by the City as follows :
1. The City hereby approves the submission of an Application for financial
assistance in an amount not to exceed $850,000 to the South Dakota Board of
Water and Natural Resources for the Project.
2. The City Manager is hereby authorized to execute the Ap plication and submit it
to the South Dakota Board of Water and Natural Resources, and to execute and
deliver such other documents and perform all acts necessary to effectuate the
Application for financial assistance.
3. The City Manager is hereby designate d as the authorized representative of the
City to do all things on its behalf to certify and sign payment requests in the event
financial assistance is awarded for the Project.
Ordinance 19-018. A motion was made by Council Member Hansen, seconded by
Council Member Bacon, that Ordinance 19-018, an Ordinance Authorizing
Supplemental Appropriation #3 to the 2019 Budget, be approved. The motion carried by
the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and
Tilton Byrne.
Resolution 19-076. A motion was made by Council Member Wendell, seconded by
Council Member Brink, that Resolution 19-076, a Resolution to Review 2019 3rd Penny
Sales Tax Revenue Concerning SDSU Visitor Promotion Funding at the February 25,
2020 City Council Meeting, be approved. The motion carried by the following vote: Yes:
7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 19-076 - Resolution to Review 2019 3rd Penny Sales Tax Revenue
Concerning SDSU Visitor Promotion Funding a t the February 25, 2020 City Council
Meeting
Whereas, South Dakota State University (SDSU) students contribute to the 3rd penny
sales tax through meal plan purchases; and
Whereas, SDSU Student Visitor Promotion contributed $1.87 million in economic impac t
in 2018; and
Whereas, the City of Brookings 2020 Budget allocates $10,000 to SDSU Student Visitor
Promotion; and
Whereas, SDSU students have requested $50,000 for Student Visitor Promotion; and
Whereas, SDSU Student Visitor Promotion promotes a vibrant Brookings and the City is
committed to continuing a strong relationship with SDSU.
Now, Therefore, Be It Resolved, that the City Council will review 2019 3rd penny sales
tax revenue and allocation as well as 2019 SDSU Student Visitor Promotion usage at
the February 25, 2020 City Council meeting.
Ordinance 19-017. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Wendell, that Ordinance 19 -017, an Ordinance appropriating
monies to fund the necessary expenditures and liabilities of the City of Brookings for the
2020 Fiscal Year and providing the Annual Tax Levy and Annual Tax for All Funds, be
approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer,
Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
City Clerk Appointment. A motion was made by Council Member Hansen, seconded
by Council Member Niemeyer, that Bonnie Foster be appointed as City Clerk. Public
Comment: Diane Spencer. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
10-Year Capital Improvement Plan (CIP). A motion was made by Council Member
Niemeyer, seconded by Council Member Hansen, that the 10-Year Capital
Improvement Plan (CIP) be approved. The motion carried by the following vote: Yes: 7 -
Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton By rne.
Resolution 19-075. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 19 -075, a Resolution Adopting the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne .
Resolution 19-075 -Resolution Adopting the Consolidated Fee Schedule
Whereas, the adopted Municipal Code and City Policies makes reference to fees
charged; and
Whereas, it is prudent that the fees be reviewed for cost effectiveness.
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
fee schedule as defined in the attached schedule.
Fee Description Resolution City Code 2019
2020
Proposed % Change
Airport
Land Lease Per Square Foot
For Private/Collegiate Hangars 18-071 Sec. 18-42 $0.12 $0.13 8.33%
For Commercial Hangars 18-071 Sec. 18-42 $0.15 $0.17 13.33%
Late Fee Payment (After 15-30 Days) Sec. 18-42 $0.00 3% of lease New Fee
Fuel Flowage
Per Gallon FBO 18-071 Sec. 18-42 $0.06 $0.06 0.00%
Per Gallon Others 18-071 Sec. 18-42 $0.06 $0.06 0.00%
Crop Land Lease 18-071 Sec. 18-42
Based
on Bid
Based on
Bid N/A
Tie Down Fee
Sec. 18-42
Per Week for Tie Down 7 Days or Longer
(Collected by FBO with a 10% Collection Fee) 18-071 Sec. 18-42 $25.00 $25.00 0.00%
Hangar Application Fee 18-071 Sec. 18-42 $25.00 $25.00 0.00%
Callout/After Hour Fee (Per Hour/1 Hour
Minimum) Sec. 18-42 $0.00 $50.00 New Fee
ARFF Fee Sec. 18-42 $0.00 $100.00 New Fee
Landing Fees by Pounds (Based on Aircraft Size,
collected by FBO with a 10% Collection Fee) Sec. 18-42
Light Jet (max takeoff weight above 12,500 lbs)
Sec. 18-42 $0.00 $100.00 New Fee
Mid Size Jet Sec. 18-42 $0.00 $150.00 New Fee
Heavy Jet Sec. 18-42 $0.00 $175.00 New Fee
Commercial Use and Operating Permit (Airport
Manager Waiver) Sec. 18-42 $0.00 $250.00 New Fee
Labor Rates (Per Hour/1 Hour Minimum) Sec. 18-42
With Equipment Sec. 18-42 $0.00 $75.00 New Fee
Without Equipment Sec. 18-42 $0.00 $50.00 New Fee
Escort Fee Sec. 18-42 $0.00 $20.00 New Fee
Gate Card Sec. 18-42 $0.00 $10.00 New Fee
Security/Safety Violation Fees (Improper Gate
Operations, Parking, and Movement Area) Sec. 18-42 $0.00 $45.00 New Fee
City Clerk
Circuses/Carnivals
Each Circus Per Day 18-071 Sec. 26-35 $75.00 $75.00 0.00%
Each Carnival or similar exhibition, per day 18-071 Sec. 26-35 $25.00 $25.00 0.00%
Commercial Garbage Haulers
License 18-071 Sec. 26-35 $50.00 $50.00 0.00%
Each annual renewal 18-071 Sec. 26-35 $25.00 $25.00 0.00%
House Movers (Per Year) 18-071 Sec. 26-35 $50.00 $50.00 0.00%
Pawnbrokers (Per Year) 18-071 Sec. 26-35 $50.00 $50.00 0.00%
Plumbing Contractor
License 18-071 Sec. 26-35 $50.00 $50.00 0.00%
Each annual renewal 18-071 Sec. 26-35 $25.00 $25.00 0.00%
Vehicles for Hire
First vehicle for hire per year 18-071 Sec. 26-35 $25.00 $25.00 0.00%
Each additional vehicle operated by the
same person per year 18-071 Sec. 26-35 $10.00 $10.00 0.00%
Transient Merchants (Per Month) 18-071
Sec.
26-345 $100.00 $100.00 0.00%
DVD or CD (Per Disk) 18-071 Sec. 3-03 $5.00 $5.00 0.00%
Transportation Network Company
License 18-071
Sec.
26-282 $250.00 $250.00 0.00%
License - New Drivers 18-071
Sec.
26-282 $25.00 $25.00 0.00%
Per Year 18-071
Sec.
26-282 $15.00 $15.00 0.00%
Food Truck (Per Year) 18-071
Sec.
26-424 $75.00 $75.00 0.00%
Temporary Merchant - General (Per Year) 18-071
Sec.
26-384 $50.00 $50.00 0.00%
Temporary Merchant - Food Cart (Per Year) 18-071
Sec.
26-384 $75.00 $75.00 0.00%
Public Records Request - Staff Time (Per Hour)
Sec. 3-03 $25.00 $25.00 0.00%
Cost for Copies
Letter or Legal Size (Per Page)
Sec. 3-03 $0.25 $0.25 0.00%
11" x 17" (Per Page) Sec. 3-03 $0.50 $0.50 0.00%
Code Enforcement
Code Enforcement Investigation (Per Hour/1
Hour Minimum) 18-071
$45.00 $45.00 0.00%
Rental Dwelling License Inspection Fees (Per
Structure)
First and Second Inspection
Sec.
22-405 $0.00 New Fee
Third and Subsequent Inspections
Sec.
22-405 $50.00 New Fee
Collection/Landfill
Residential Rate (Monthly Plus Sales Tax) 18-071 Sec. 70-73 $18.00 $18.00 0.00%
Additional Carts (Monthly Plus Sales Tax) 18-071 Sec. 70-73 $3.50 $4.00 14.29%
Yard Waste - Special Bag (Per Bag) 18-071 Sec. 70-73 $0.95 $1.00 5.26%
Commercial Charges - Five (5) Carts (Monthly
Plus Sales Tax) 18-071 Sec. 70-73 $35.00 $35.00 0.00%
Additional Carts (Monthly Plus Sales Tax) 18-071 Sec. 70-73 $3.50 $4.00 14.29%
Dumpster Charges - Twice Per Week Pick Up
(Monthly Plus Sales Tax)
1.5 Cubic Yard Container 18-071 Sec. 70-73 $90.00 $90.00 0.00%
Two (2) Cubic Yard Container 18-071 Sec. 70-73 $115.00 $115.00 0.00%
Three (3) Cubic Yard Container 18-071 Sec. 70-73 $140.00 $140.00 0.00%
Four (4) Cubic Yard Container 18-071 Sec. 70-73 $165.00 $165.00 0.00%
Five (5) Cubic Yard Container 18-071 Sec. 70-73 $190.00 $190.00 0.00%
Six (6) Cubic Yard Container 18-071 Sec. 70-73 $217.00 $217.00 0.00%
Seven (7) Cubic Yard Container 18-071 Sec. 70-73 $243.00 $243.00 0.00%
Eight (8) Cubic Yard Container 18-071 Sec. 70-73 $268.00 $268.00 0.00%
Dumpster Charges - Additional Pick Up
1.5 Cubic Yard Container (Plus Sales Tax) 18-071 Sec. 70-73 $29.00 $29.00 0.00%
Two (2) Cubic Yard Container (Plus Sales
Tax) 18-071 Sec. 70-73 $35.00 $35.00 0.00%
Three (3) Cubic Yard Container (Plus Sales
Tax) 18-071 Sec. 70-73 $47.00 $47.00 0.00%
Four (4) Cubic Yard Container (Plus Sales
Tax) 18-071 Sec. 70-73 $58.00 $58.00 0.00%
240 Pound Material Minimum (Plus Sales Tax
and $1 Per Ton State Fee) 18-071
Sec.
70-203 $5.00 $5.00 0.00%
Commercial (Plus Sales Tax and $1 Per Ton
State Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Compost/Leaves/Grass (Plus Sales Tax and
$1 Per Ton State Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Demolition (Plus Sales Tax and $1 Per Ton
State Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Domestic (Plus Sales Tax and $1 Per Ton
State Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Industrial (Plus Sales Tax and $1 Per Ton
State Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Metal (Plus Sales Tax and $1 Per Ton State
Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Asbestos (Region Only) (Plus Sales Tax and
$1 Per Ton State Fee) 18-071
Sec.
70-203 $43.00 $43.00 0.00%
Service Area Fee N/A
Sec.
70-203 $0.00 $9.50 New Fee
Uncovered Load Fee N/A
Sec.
70-203 $0.00 $10.00 New Fee
500 Pound Material Minimum (Plus Sales Tax) 18-071
Sec.
70-203 $5.00 $5.00 0.00%
Fill (Per Ton Plus Sales Tax)
Sec.
70-203 $21.00 $21.00 0.00%
Lumber (Per Ton Plus Sales Tax) 18-071
Sec.
70-203 $21.00 $21.00 0.00%
Roofing and Siding (Per Ton Plus Sales Tax) 18-071
Sec.
70-203 $21.00 $21.00 0.00%
Concrete (Per Ton Plus Sales Tax) 18-071
Sec.
70-203 $21.00 $21.00 0.00%
Trees (Per Ton Plus Sales Tax) 18-071
Sec.
70-203 $21.00 $21.00 0.00%
Contaminated Soil (Per Ton Plus Sales Tax) 18-071
Sec.
70-203 $11.00 $15.00 36.36%
Asbestos (Accepted in Region Only) (Per Bag
Plus Sales Tax) 18-071
Sec.
70-203 $7.50 $7.50 0.00%
Refrigerators/Air Conditioners 18-071
Sec.
70-203 $12.00 $12.00 0.00%
Mobile Homes 18-071
Sec.
70-203 $135.00 $250.00 85.19%
Tires
ATV 18-071
Sec.
70-203 $2.00 $2.00 0.00%
Car 18-071
Sec.
70-203 $3.00 $4.00 33.33%
Pickup 18-071
Sec.
70-203 $5.00 $6.00 20.00%
Tire on Rim 18-071
Sec.
70-203 $6.00 $8.00 33.33%
Truck 18-071
Sec.
70-203 $11.00 $13.00 18.18%
Tractor 18-071
Sec.
70-203 $30.00 $35.00 16.67%
Engineering - Residential Building Permit Fees
The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square
foot schedule per the following. The bid price must be quoted for renovations or remodels.
Dwellings - Single-family dwellings, duplexes, townhouses
Finished Habitable Space Per Square Foot 18-071 Sec. 22-35 $70.00 $70.00 0.00%
Finished Basements Per Square Foot 18-071 Sec. 22-35 $30.00 $30.00 0.00%
Unfinished Space (Basement and Upper
Levels) Per Square Foot 18-071 Sec. 22-35 $18.00 $18.00 0.00%
Attached Garages Per Square Foot 18-071 Sec. 22-35 $20.00 $20.00 0.00%
Detached Garages Per Square Foot 18-071 Sec. 22-35 $18.00 $18.00 0.00%
Building Permit Fee Schedule Group R-3 and U Occupancies Only
Total Valuation
$1.00 to 1,200.00 18-071 Sec. 22-35 $20.00 $20.00 0.00%
$1,200.01 to 2,000.00 18-071 Sec. 22-35
$10 for
the first
$500.00
plus
$1.50 for
each
addition
al
$100.00
or
fraction
thereof,
to and
includin
g $2,000,
for
valuatio
n in
excess
of
$1,100.0
0
$10 for the
first $500.00
plus $1.50
for each
additional
$100.00 or
fraction
thereof, to
and
including
$2,000, for
valuation in
excess of
$1,100.00
N/A
$2,000.01 to $25,000.00 18-071 Sec. 22-35
$32.50
for the
first
$2,000.0
0 plus
$6.00 for
each
addition
al
$1,000.0
0 or
fraction
thereof,
to and
includin
g
$25,000.
00.
$32.50 for
the first
$2,000.00
plus $6.00
for each
additional
$1,000.00 or
fraction
thereof, to
and
including
$25,000.00.
N/A
$25,000.01 to 50,000.00 18-071 Sec. 22-35
$170.50
for the
first
$25,000.
00 plus
$4.50 for
each
addition
al
$1,000.0
0 or
fraction
thereof,
to and
includin
g
$50,000.
00.
$170.50 for
the first
$25,000.00
plus $4.50
for each
additional
$1,000.00 or
fraction
thereof, to
and
including
$50,000.00. N/A
$50,000.01 to 100,000.00 18-071 Sec. 22-35
$283.00
for the
first
$50,000.
00 plus
$3.00 for
each
addition
al
$1,000.0
0 or
fraction
thereof,
to and
includin
g
$100,000
.00.
$283.00 for
the first
$50,000.00
plus $3.00
for each
additional
$1,000.00 or
fraction
thereof, to
and
including
$100,000.00. N/A
$100,000.01 and Up 18-071 Sec. 22-35
$433.00
for the
first
$100,000
.00 plus
$2.50 for
each
addition
al
$1,000.0
0 or
fraction
thereof
$433.00 for
the first
$100,000.00
plus $2.50
for each
additional
$1,000.00 or
fraction
thereof N/A
Commercial Building Permit Fees
The value to be used in computing the
building permit fee for all commercial
construction, remodeling, renovation, and
repairs shall be the total value of all
construction work for which the permit is issued
as well as all finish work, painting, roofing,
electrical, plumbing, heating, air-conditioning,
elevators, fire extinguishing system, and other
permanent equipment exclusive of site
improvements and parking lot costs. 18-071 Sec. 22-35
Total Valuation 18-071 Sec. 22-35
$100,000.01 to 500,000.00 18-071 Sec. 22-35
$639.50
for the
first
$100,000
plus
$3.50 for
each
addition
al $1,000
or
fraction
thereof,
to and
includin
g
$500,000
.00
$639.50 for
the first
$100,000
plus $3.50
for each
additional
$1,000 or
fraction
thereof, to
and
including
$500,000.00
N/A
$500,000.01 to 1,000,000.00 18-071 Sec. 22-35
$2,039.5
0 for the
first
$500,000
plus
$3.00 for
each
addition
al $1,000
or
fraction
thereof,
to and
includin
g
$1,000,0
00.00
$2,039.50
for the first
$500,000
plus $3.00
for each
additional
$1,000 or
fraction
thereof, to
and
including
$1,000,000.0
0 N/A
$1,000,000.00 and Up 18-071 Sec. 22-35
$3,539.5
0 for the
first
$1,000,0
00 plus
$2.00 for
each
addition
al $1,000
or
fraction
thereof.
$3,539.50
for the first
$1,000,000
plus $2.00
for each
additional
$1,000 or
fraction
thereof. N/A
Other Inspection Fees
Inspections outside normal business hours
per hour (minimum charge of one hour) 18-071 Sec. 22-35 $50.00 $50.00 0.00%
Inspection for which no fee is specifically
indicated per hour (minimum charge of 1/2
hour) 18-071 Sec. 22-35 $50.00 $50.00 0.00%
Re-inspection fees assessed under
provisions of Section R108 IRC and 108 IBC per
hour 18-071 Sec. 22-35 $50.00 $50.00 0.00%
One-story detached accessory structure
with floor area less than or equal to 200 Sq. Ft. 18-071 Sec. 22-35 $25.00 $25.00 0.00%
Driveway, demolition, and other minor
construction per permit 18-071 Sec. 22-35 $25.00 $25.00 0.00%
Roofing, Siding and Windows: Group R-2
and R-3 Uses and Group U Uses accessory to
R-2 and R-3 Uses 18-071 Sec. 22-35 $25.00 $25.00 0.00%
Moving Fee: Dwelling originally constructed
on-site and previously occupied 18-071 Sec. 22-35 $200.00 $200.00 0.00%
Moving Fee: Dwelling originally constructed
on-site to be moved out of City Limits 18-071 Sec. 22-35 $50.00 $50.00 0.00%
Moving Fee: Accessory building, mobile
home, modular home, manufactured home 18-071 Sec. 22-35 $50.00 $50.00 0.00%
Residential Contractor's License Annual Fee 18-071 Sec. 22-35 $75.00 $75.00 0.00%
Work commencing before permit issuance:
The minimum investigation fee shall be equal
to the amount of the permit fee required by
code. 18-071 Sec. 22-35
Fire
Fire Protection System Fees
Fire Sprinkler Systems 18-071 Sec. 34-81
$75 plus
$.45 per
sprinkler
head
$75 plus
$.45 per
sprinkler
head 0.00%
Retrofitted Fire Sprinkler Systems 18-071 Sec. 34-81
$75 plus
$.45 per
sprinkler
head
$75 plus
$.45 per
sprinkler
head 0.00%
Kitchen Hood Extinguishing Systems 18-071 Sec. 34-81 $90.00 $90.00 0.00%
Kitchen Hood Extinguishing Systems
Modification 18-071 Sec. 34-81 $45.00 $45.00 0.00%
Clean Agent or Other Total Flooding System
(Per Square Foot) 18-071 Sec. 34-81 $0.20 $0.20 0.00%
Fire Alarm Systems 18-071 Sec. 34-81
$75 plus
$.45 per
each
ignition
and
signaling
device
$75 plus
$.45 per
each
ignition and
signaling
device 0.00%
Fire Alarm System Modifications 18-071 Sec. 34-81
$37.50
plus $.45
per
each
ignition
and
signaling
device
$37.50 plus
$.45 per
each
ignition and
signaling
device 0.00%
False Alarm Fire Calls When Trucks Roll
First Call 18-071
$0.00 $0.00 N/A
Second Call 18-071
$50.00 $50.00 0.00%
Third Call 18-071
$100.00 $100.00 0.00%
Flammable and Combustible Liquid Fees 18-071 Sec. 34-81
Flammable and Combustible Liquids 18-071 Sec. 34-81 $90.00 $90.00 0.00%
Flammable and Combustible Liquid
Modifications 18-071 Sec. 34-81 $45.00 $45.00 0.00%
Site Plan Review 18-071 Sec. 34-81
Site Plan Review Per Hour (1 HR Minimum) 18-071 Sec. 34-81 $45.00 $45.00 0.00%
Inspections Outside of Normal Business
Hours Per Hour (2 HR Minimum 18-071 Sec. 34-81 $45.00 $45.00 0.00%
Re-Inspection Per Hour (1 HR Minimum) 18-071 Sec. 34-81 $45.00 $45.00 0.00%
Fire Incident Reports 18-071 Sec. 3-03 $10.00 $10.00 0.00%
Industrial Land
Crop Land Lease 18-071
Based
on Bid
Based on
Bid N/A
Library
Out of County Library Card
Per Individual 18-071 Sec. 54-32 $35.00 $35.00 0.00%
Per Family 18-071 Sec. 54-32 $45.00 $45.00 0.00%
Fax (Sent or Received Per Page) 18-071 Sec. 54-32 $2.25 $2.25 0.00%
Fines (Per Day Books) 18-071 Sec. 54-32 $0.10 $0.10 0.00%
Fines (Per Day DVDs/VHS) 18-071 Sec. 54-32 $1.00 $1.00 0.00%
Process Fee (Lost Material Per Item) 18-071 Sec. 54-32 $5.00 $5.00 0.00%
Parks, Recreation, and Forestry
Weed Control (Plus Contractor Cost) 18-071 Sec. 62-89 $65.00 $65.00 0.00%
Mowing (First Hour) 18-071 Sec. 62-89 $150.00 $150.00 0.00%
Each Additional Hour or Fraction 18-071 Sec. 62-89 $85.00 $85.00 0.00%
Each Additional Hour Large Area 18-071 Sec. 62-89 $125.00 $125.00 0.00%
Sidewalk Snow Removal (First Offense)
Per Hour Per Piece of Equipment/1 Hour
Minimum 18-071
Sec.
74-213 $125.00 $125.00 0.00%
Sidewalk Snow Removal (Second Offense)
Per Hour Per Piece of Equipment/1 Hour
Minimum 18-071
Sec.
74-213 $175.00 $175.00 0.00%
DED Removal/BMU Line Clearance 18-071
Sec.
62-170
Aerial Bucket Plus Employee Wage 18-071
Sec.
62-170 $160.00 $160.00 0.00%
Loader Plus Employee Wage 18-071
Sec.
62-170 $130.00 $130.00 0.00%
Trucks Plus Employee Wage 18-071
Sec.
62-170 $90.00 $90.00 0.00%
Chipper Plus Employee Wage 18-071
Sec.
62-170 $90.00 $90.00 0.00%
Chainsaw/Miscellaneous Equipment Plus
Employee Wage 18-071
Sec.
62-170 $70.00 $70.00 0.00%
Equipment Rental Rates Sec. 62-45 New Fee
Picnic Table Rental (Per Day) Sec. 62-45 $0.00 $25.00 New Fee
Three (3) Row Bleacher Rental (Per Day) Sec. 62-45 $0.00 $50.00 New Fee
Ball Field Rental Rates
Sec. 62-45
Type I - No Setup (e.g. Chalking, Lining, etc.)
Sec. 62-45 $25.00 $25.00 0.00%
Type II - With One (1) Setup (e.g. Chalking,
Lining, etc.)
Sec. 62-45 $75.00 $75.00 0.00%
Type II - Per Additional Day Time Setup (e.g.
Chalking, Lining, etc.)
Sec. 62-45 $35.00 $35.00 0.00%
Type II - Per Additional Night Time Setup
(e.g. Chalking, Lining, etc.)
Sec. 62-45 $65.00 $65.00 0.00%
Fishback Soccer Park Rental Rates
Sec. 62-45
Type I - No Lining (Per Hour)
Sec. 62-45 $25.00 $25.00 0.00%
Type II - One Lining Per Field (First Hour)
Sec. 62-45 $100.00 $100.00 0.00%
Type II - Each Additional Field Hour
Sec. 62-45 $25.00 $25.00 0.00%
Type II - Additional Field Lining
Sec. 62-45 $120.00 $120.00 0.00%
Hillcrest Aquatics Center Season Pass
Sec. 62-45
Individual
Sec. 62-45 $55.00 $55.00 0.00%
Family of Three (3)
Sec. 62-45 $140.00 $140.00 0.00%
Additional Family
Sec. 62-45 $25.00 $25.00 0.00%
Daily Admission
Sec. 62-45 $5.00 $5.00 0.00%
Discount Cards
Sec. 62-45 $45.00 $45.00 0.00%
Hillcrest Courts League Fees
Sec. 62-45
Family of Three (3)
Sec. 62-45 $1,000 $1,000 0.00%
Individual
Sec. 62-45 $70.00 $70.00 0.00%
Senior (62 & Older)
Sec. 62-45 $50.00 $50.00 0.00%
Larson Ice Center
Sec. 62-45
Non-Profit Rental Rate (Per Hour)
Sec. 62-45 $140.00 $140.00 0.00%
Profit Rental Rate (Per Hour)
Sec. 62-45 $140.00 $140.00 0.00%
Daily Admission
Sec. 62-45 $4.00 $4.00 0.00%
Punch Card
Sec. 62-45 $25.00 $25.00 0.00%
Skate/Helmet Rental
Sec. 62-45 $3.00 $3.00 0.00%
Adult Hockey
Sec. 62-45 $10.00 $10.00 0.00%
Adult Leagues
Sec. 62-45
Sand Volleyball League
Sec. 62-45 $60.00 $60.00 0.00%
Adult Kickball League
Sec. 62-45 $60.00 $60.00 0.00%
Fall Women's Volleyball
Sec. 62-45 $165.00 $165.00 0.00%
Winter Women's Volleyball
Sec. 62-45 $165.00 $165.00 0.00%
Both Volleyball Sessions
Sec. 62-45 $305.00 $305.00 0.00%
Coed Volleyball
Sec. 62-45 $205.00 $205.00 0.00%
Basketball
Sec. 62-45 $205.00 $205.00 0.00%
Reservations
Sec. 62-45
Community Gardens (Per Season)
Sec. 62-45 $30.00 $30.00 0.00%
5th Street Court Rentals (Per 1.5 Hours)
Sec. 62-45 $20.00 $20.00 0.00%
Picnic Shelter Reservations
Sec. 62-45
Small Hall Day (Hillcrest B, C, Pioneer)
Sec. 62-45 $15.00 $15.00 0.00%
Small Day (Hillcrest, B, C, Pioneer)
Sec. 62-45 $25.00 $25.00 0.00%
Large Half Day (Hillcrest A, E)
Sec. 62-45 $20.00 $20.00 0.00%
Large Day (Hillcrest A, E)
Sec. 62-45 $30.00 $30.00 0.00%
Larson Nature Center
Sec. 62-45
Classroom - Non-Profit (Per Hour) Sec. 62-45 $30.00 $25.00 -16.67%
Atrium - Non-Profit (Per Hour) Sec. 62-45 $30.00 $0.00 -100.00%
Sunroom/Porch - Non-Profit (Per Hour) Sec. 62-45 $30.00 $25.00 -16.67%
Building - Non-Profit (Per Hour) Sec. 62-45 $90.00 $50.00 -44.44%
Nature Center Grounds (Per Day)* with
building rental only Sec. 62-45 $0.00 $200.00 New Fee
Classroom (Per Hour) Sec. 62-45 $60.00 $50.00 -16.67%
Atrium (Per Hour) Sec. 62-45 $60.00 $0.00 -100.00%
Sunroom/Porch (Per Hour) Sec. 62-45 $60.00 $50.00 -16.67%
Building (Per Hour) Sec. 62-45 $180.00 $100.00 -44.44%
East Shelter (Per Hour)
Sec. 62-45 $25.00 $25.00 0.00%
Camping
Sec. 62-45
Camp Site with Electricity
Sec. 62-45 $25.00 $25.00 0.00%
Tent Camping Area - No Electricity
Sec. 62-45 $10.00 $10.00 0.00%
Recreation Programs
Sec. 62-45
Red Cross Lessons (M - Th) - Early Bird
Sec. 62-45 $32.00 $32.00 0.00%
Red Cross Lessons (Tu, Th) - Early Bird
Sec. 62-45 $25.00 $25.00 0.00%
Wee Waders (M, W) - Early Bird
Sec. 62-45 $25.00 $25.00 0.00%
Junior Lifeguarding - Early Bird
Sec. 62-45 $36.00 $36.00 0.00%
Aqua Aerobics - Early Bird
Sec. 62-45 $25.00 $25.00 0.00%
Junior Tennis Academy - Early Bird
Sec. 62-45 $33.00 $33.00 0.00%
Adult Tennis Lessons - Early Bird
Sec. 62-45 $45.00 $45.00 0.00%
Tee Ball - Early Bird
Sec. 62-45 $35.00 $35.00 0.00%
Kickstart Soccer - Early Bird
Sec. 62-45 $27.00 $27.00 0.00%
Fishin' Fridays - Early Bird
Sec. 62-45 $19.00 $19.00 0.00%
Kayaking Class - Early Bird
Sec. 62-45 $24.00 $24.00 0.00%
Strider Camps - Early Bird
Sec. 62-45 $35.00 $35.00 0.00%
Learn to Skate
Sec. 62-45
30 minutes - Early Bird
Sec. 62-45 $30.00 $30.00 0.00%
45 Minutes - Early Bird
Sec. 62-45 $40.00 $40.00 0.00%
60 Minutes - Early Bird
Sec. 62-45 $50.00 $50.00 0.00%
Red Cross Lessons (M - Th)
Sec. 62-45 $38.00 $38.00 0.00%
Red Cross Lessons (Tu, Th)
Sec. 62-45 $31.00 $31.00 0.00%
Wee Waders (M, W)
Sec. 62-45 $31.00 $31.00 0.00%
Junior Lifeguarding
Sec. 62-45 $45.00 $45.00 0.00%
Aqua Aerobics
Sec. 62-45 $31.00 $31.00 0.00%
First Tee Golf Program
Sec. 62-45 $95.00 $95.00 0.00%
Little Duffers
Sec. 62-45 $40.00 $40.00 0.00%
Adult Golf Lessons
Sec. 62-45 $40.00 $40.00 0.00%
Junior Tennis Academy
Sec. 62-45 $40.00 $40.00 0.00%
Adult Tennis Lessons
Sec. 62-45 $60.00 $60.00 0.00%
Tee Ball
Sec. 62-45 $50.00 $50.00 0.00%
Kickstart Soccer
Sec. 62-45 $35.00 $35.00 0.00%
Fishin' Fridays
Sec. 62-45 $24.00 $24.00 0.00%
Kayaking Class
Sec. 62-45 $30.00 $30.00 0.00%
Strider Camps
Sec. 62-45 $45.00 $45.00 0.00%
Learn to Skate
Sec. 62-45
30 minutes
Sec. 62-45 $40.00 $40.00 0.00%
45 Minutes
Sec. 62-45 $50.00 $50.00 0.00%
60 Minutes
Sec. 62-45 $60.00 $60.00 0.00%
Planning and Zoning
Change of Zone 18-071 Sec. 66-29 $250.00 $250.00 0.00%
Planned Development District 18-071 Sec. 66-29 $250.00 $250.00 0.00%
Final Development Plan 18-071 Sec. 66-29 $100.00 $100.00 0.00%
Major Amendment 18-071 Sec. 66-29 $250.00 $250.00 0.00%
Minor Amendment 18-071 Sec. 66-29 $100.00 $100.00 0.00%
Board of Adjustment 18-071 Sec. 94-42 $125.00 $150.00 20.00%
Preliminary Plats plus $1.00/lot over 20 lots or
$1.00/acre over 1 acre 18-071 Sec. 66-29 $200.00 $200.00 0.00%
Final Plats 18-071 Sec. 66-29 $160.00 $160.00 0.00%
Vacation 18-071 Sec. 66-29 $150.00 $150.00 0.00%
I-1R Site Plan 18-071 Sec. 66-29 $150.00 $150.00 0.00%
Conditional Use 18-071 Sec. 66-29 $250.00 $250.00 0.00%
Annexation 18-071 $150.00 $150.00 0.00%
Zoning & Use Registration Permit 18-071 Sec. 66-29 $60.00 $60.00 0.00%
Rental License - per structure plus $2.00 for
each dwelling unit 18-071
Sec.
22-405 $20.00 $20.00 0.00%
Tax Increment Financing Application 18-071 $1,000 $1,000 0.00%
Permanent Signs
Square Feet
From 0 to less than 30 18-071
Sec.
94-467 $25.00 $30.00 20.00%
From 30 to less than 60 18-071
Sec.
94-467 $30.00 $35.00 16.67%
From 60 to less than 90 18-071
Sec.
94-467 $35.00 $40.00 14.29%
From 90 to less than 120 18-071
Sec.
94-467 $40.00 $45.00 12.50%
From 120 to less than 150 18-071
Sec.
94-467 $45.00 $50.00 11.11%
From 150 to less than 180 18-071
Sec.
94-467 $50.00 $55.00 10.00%
From 180 to less than 210 18-071
Sec.
94-467 $55.00 $60.00 9.09%
From 210 to less than 240 18-071
Sec.
94-467 $60.00 $65.00 8.33%
From 240 to less than 270 18-071
Sec.
94-467 $65.00 $70.00 7.69%
From 270 to less than 300 18-071
Sec.
94-467 $70.00 $75.00 7.14%
From 300 to less than 330 18-071
Sec.
94-467 $75.00 $80.00 6.67%
From 330 to less than 360 18-071
Sec.
94-467 $80.00 $85.00 6.25%
From 360 to less than 390 18-071
Sec.
94-467 $85.00 $90.00 5.88%
From 390 to less than 420 18-071
Sec.
94-467 $90.00 $95.00 5.56%
From 420 to less than 450 18-071
Sec.
94-467 $95.00 $100.00 5.26%
From 450 to less than 480 18-071
Sec.
94-467 $100.00 $105.00 5.00%
From 480 to less than 510 18-071
Sec.
94-467 $105.00 $110.00 4.76%
From 510 to less than 540 18-071
Sec.
94-467 $110.00 $115.00 4.55%
From 540 or more 18-071
Sec.
94-467 $115.00 $120.00 4.35%
Non- Permanent Signs 18-071
Sec.
94-467 $15.00 $20.00 33.33%
Portable Signs Per Week 18-071
Sec.
94-467 $15.00 $20.00 33.33%
Portable Signs Per Week (Maximum Permit
Period Shall Not Carry Over from One Permit
Period to the Next) 18-071
Sec.
94-467 $45.00 $50.00 11.11%
Banner Signs 18-071
Sec.
94-467 Exempt Exempt N/A
Parking in Municipal Lots
Permitted Parking in Municipal Parking Lots 18-078
Six-Month Permit 18-078
Sec.
82-525 $100.00 $100.00 0.00%
Annual Permit 18-078
Sec.
82-525 $180.00 $180.00 0.00%
Police Department
Moving of Structure
Per Unit (Officer and Patrol Car) - 2 HR
Minimum Per Unit 18-071
Sec.
22-223 $50.00 $50.00 0.00%
Accident Reports
Per Report 18-071 Sec. 3-03 $5.00 $5.00 0.00%
Pictures (Each) 18-071 Sec. 3-03 $4.00 $4.00 0.00%
Storm Drainage
Unit Financial Charge 16-080 Sec. 72-20 0.000625 0.000625 0.00%
Street Department
Sign Repairs (Traffic Accidents and Vandalism) 18-071
Replace
-ment
Cost,
Labor,
Sales
Tax, and
Excise
Tax
Replace-
ment Cost,
Labor, Sales
Tax, and
Excise Tax N/A
Street Repairs 18-071
Material
Replace
-ment
Cost
Material
Replace-
ment Cost N/A
The base valuation to determine permit fees
for residential buildings and additions are
based on a dollar per square foot schedule
per the following. The bid price must be
quoted for renovations or remodels. 18-071
Fines and Violations Schedule
Resolution
City
Code
Section Offense
2019
Fine
2019
Costs
2019
Total
2020 Fine
Proposed
2020
Costs
Proposed
2020 Total
Proposed
%
Change
Animal Control
Article
1 In General
18-089 14-2
Unwanted
animals (per
head
acceptance fee) $10.00 $0.00 $10.00 $20.00 $0.00 $20.00 100%
18-089 14-3
Disturbance of
Peace $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-4
Animals on school
grounds, property
or recreation
areas $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-6
Number of pets
limited $20.00 $62.50 $82.50 $25.00 $62.50 $87.50 6%
18-089 14-7
Unattended
animals in
standing vehicles $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
18-089 14-8
Stray,
abandoned or
unkempt animals $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-9 Public nuisance $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
Article
2
Cruelty to Animals and Related Charges
18-089 14-41
Cruelty to animals
- generally $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 14-42
Teasing, baiting,
or harassing
animals $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-43
Humane care of
animals $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-44
Poisoning of
animals $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 14-45
Instigating or
allowing fights
between animals $200.00 $62.50 $262.50 $250.00 $62.50 $312.50 19%
18-089 14-47
Restraint of
animal in vehicle $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
Article
3
Domestic Animals (Dogs and Cats Excepted)
18-089 14-81
Proximity of
livestock to
dwellings $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-82
Proximity of fowl
to dwellings $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-83 Swine (per head) $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-84
Sanitary condition
required $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-85
Keeping of Bees -
prohibited $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
18-089 14-86 Pigeons $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-87
Livestock running
at large (per
head) $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-88
Fowl at large (per
head) $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-89 Picketing $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-90
Keeping of game
birds prohibited $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
Article
4 Div. 1
Dogs and Cats - Generally
18-089 14-121
Dogs running at
large
18-089 1st unlicensed $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 1st licensed $10.00 $62.50 $72.50 $15.00 $62.50 $77.50 7%
18-089 2nd offense $35.00 $62.50 $97.50 $40.00 $62.50 $102.50 5%
18-089
3rd and
subsequent
offenses $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
18-089 14-122
Impoundment of
dogs (per
impoundment) $20.00 $62.50 $82.50 $25.00 $62.50 $87.50 6%
18-089 14-123
Disturbing of the
peace $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-125
Defecation
disposal $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-126
Vicious or biting
dog
18-089 1st offense $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 2nd offense $200.00 $62.50 $262.50 $250.00 $62.50 $312.50 19%
18-089
3rd offense (fine
and animal
forfeited) $200.00 $62.50 $262.50 $250.00 $62.50 $312.50 19%
18-089 14-127
Guard dogs
(failure to post
warning) $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
14-128
Sanitary
conditions
required $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
Article
4 – Div.
2
Dogs and Cats - Licensing Requirements
18-089 14-151 License required $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-153
Rabies
vaccination
required $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
18-089 14-154
City License Fee
(Altered) $5.00 $0.00 $5.00 $10.00 $0.00 $10.00 100%
18-089 14-154
City License Fee
(Unaltered) $10.00 $0.00 $10.00 $15.00 $0.00 $15.00 50%
18-089 14-157
Dog or cat to
wear tag $10.00 $62.50 $72.50 $15.00 $62.50 $77.50 7%
Article
4 – Div.
3
Dogs and Cats - Impoundment and Redemption
18-089 14-182
Impoundment
fees (per head) $20.00 $62.50 $82.50 $25.00 $62.50 $87.50 6%
Per day
feed/care $10.00 $0.00 $10.00 $20.00 $0.00 $20.00 100%
18-089 14-186
Alternate
Procedure $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-187
Pickup and
transportation fee $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089
Article
5
Wild or Dangerous Animals
18-089 14-221
Registration
required $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
18-089 14-223 Running at large
18-089 1st offense $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 2nd offense $200.00 $62.50 $262.50 $250.00 $62.50 $312.50 19%
18-089
3rd offense (fine
and animal
forfeited) $200.00 $62.50 $262.50 $250.00 $62.50 $312.50 19%
18-089 14-224
Wild, hybrid or
dangerous
animals
prohibited (fine &
Seizure) $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 14-227
Owner to report
escape of
dangerous
animals or
animals not
indigenous to
State $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 14-229
Public nuisance
(possession of
wild, hybrid or
dangerous
animals
prohibited) $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089 14-230
Animals declared
as a biting,
dangerous or
vicious animal
prohibited $100.00 $62.50 $162.50 $125.00 $62.50 $187.50 15%
18-089
Article
6 – Div.
1
Pet Shelters – Generally
18-089 14-263
Commercial pet
shelter prohibited $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089 14-264 Number of pets $50.00 $62.50 $112.50 $60.00 $62.50 $122.50 9%
18-089 14-265
Adequate
facilities required $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
18-089
Article
6 – Div.
2
Pet Shelters – License
18-089 14-291 License required $25.00 $62.50 $87.50 $30.00 $62.50 $92.50 6%
Miscellaneous Offenses
18-089 6-3
Open Container
(Alcoholic
Beverage)
(Beer, Wine,
Liquor in Vehicle
or on Street $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 6-142
Attempt to
Purchase $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 6-143
Misrepresentation
of Age $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 6-73
Possession of Keg
Restricted $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 70-35 Littering $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 58-33
Resisting an
Officer $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 58-36
Fleeing from a
Police Officer $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 58-161 Public Urination $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 58-162
Disturbing the
Peace - House
Parties
18-089 58-162 First Offense $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 58-162
Second Offense
(Within One (1)
Year Period) $100.00 $62.50 $162.50 $100.00 $62.50 $162.50 0.00%
18-089 58-162
Third Offense
(Within One (1)
Year Period) $200.00 $62.50 $262.50 $200.00 $62.50 $262.50 0.00%
18-089 62-180
Hours Parks Open
to the Public $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 70-37 Littering $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 70-107
Location of
Collection
Containers $30.00 $62.50 $92.50 $30.00 $62.50 $92.50 0.00%
18-089
74-141 -
74-149
Excavation
Offenses $100.00 $62.50 $162.50 $100.00 $62.50 $162.50 0.00%
18-089 74-211
Failure to Remove
Snow from
Sidewalk $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-089 82-312
Texting While
Driving $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
Parking Offenses with Court Appearance
18-089 82-421
Position of Parking
on Two-Way
Road $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-427
Places Where
Standing and
Parking is
Prohibited $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-428
Places Where
Stopping is
Prohibited $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-432
Parking in Excess
of 72 Hours $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-433 Parking in Alleys $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-461
Designation of
Prohibited Parking $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-462
Designation of
Limited Parking $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-463
Illegal Parking (2
Hour Downtown
or Medary) $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-464
Parking at Night
in Business Section $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089 82-465
Parking Prohibited
During Snow
Removal $50.00 $60.00 $110.00 $50.00 $60.00 $110.00 0.00%
18-089 82-468
Parking in
Disabled Space
Without Permit $100.00 $60.00 $160.00 $100.00 $60.00 $160.00 0.00%
18-089 82-521
Maximum
Duration of
Parking $25.00 $60.00 $85.00 $30.00 $60.00 $90.00 5.88%
18-089
94-431
(2)
Front Yard Parking
Prohibited $25.00 $60.00 $85.00 $25.00 $60.00 $85.00 0.00%
Parking Offenses If Paid Within 72 Hours/Without Court Appearance
18-089 82-421
Position of Parking
on Two-Way
Road $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-427
Places Where
Standing and
Parking is
Prohibited $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-428
Places Where
Stopping is
Prohibited $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-432
Parking in Excess
of 72 Hours $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-433 Parking in Alleys $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-462
Designation of
Limited Parking $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-463
Illegal Parking (2
Hour Downtown
or Medary) $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-464
Parking at Night
in Business Section $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-465
Parking Prohibited
During Snow
Removal $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089 82-468
Parking in
Disabled Space
Without Permit $100.00 $0.00 $100.00 $100.00 $0.00 $100.00 0.00%
18-089 82-521
Maximum
Duration of
Parking $20.00 $0.00 $20.00 $25.00 $0.00 $25.00 25.00%
18-089
94-431
(2)
Front Yard Parking
Prohibited $20.00 $0.00 $20.00 $20.00 $0.00 $20.00 0.00%
Traffic Driving Offenses
18-809 82-127
Failure to Comply
with Warning
Ticket $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-167 Traffic Signals $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-203
Duty to Provide
Information $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-206
Unattended
Vehicle $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-207 Property Damage $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-208
Immediate
Notice $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-241
Driver's License
Violation $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-242 Age of Driver $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-243
License Plate
Violation $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-244
Maximum
Passengers $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-246
Driving on
Sidewalk $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-247 Exhibition Driving $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-248
Following Too
Closely $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-249
Following Fire
Apparatus $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-251 Unsafe Backing $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-252
Driving Over Fire
Hose $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-271
Driving on Left
Side of Street $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-276
Driving on
Divided Highway $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-277
Overtaking
Vehicles/Pass to
Left Required;
Cutting in Front $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-279
Passing in No
Passing Zone $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-280
Duty of Driver of
Overtaken
Vehicle;
Increasing Speed $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809
82-303
82-304
82-305
Exceeding Limits
Maximum Speed
Speed Zones
1-5 MPH Over
Speed Limit $30.00 $62.50 $92.50 $30.00 $62.50 $92.50 0.00%
6-10 MPH Over
Speed Limit $40.00 $62.50 $102.50 $40.00 $62.50 $102.50 0.00%
11-15 MPH Over
Speed Limit $68.00 $62.50 $130.50 $68.00 $62.50 $130.50 0.00%
16-20 MPH Over
Speed Limit $80.00 $62.50 $142.50 $80.00 $62.50 $142.50 0.00%
21-25 MPH Over
Speed Limit $105.00 $62.50 $167.50 $105.00 $62.50 $167.50 0.00%
Over 25 MPH
Over Speed Limit
(Court
Appearance) $160.00 $62.50 $222.50 $160.00 $62.50 $222.50 0.00%
18-809 82-306
Speeding in
School Zones
1-5 MPH Over
Speed Limit $50.00 $62.50 $112.50 $50.00 $62.50 $112.50 0.00%
6-10 MPH Over
Speed Limit $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
11-15 MPH Over
Speed Limit $95.00 $62.50 $157.50 $95.00 $62.50 $157.50 0.00%
16-20 MPH Over
Speed Limit $130.00 $62.50 $192.50 $130.00 $62.50 $192.50 0.00%
Over 20 MPH
Over Speed Limit
(Court
Appearance) $150.00 $62.50 $212.50 $150.00 $62.50 $212.50 0.00%
18-809 82-309 Reckless Driving $70.00 $62.50 $132.50 $70.00 $62.50 $132.50 0.00%
18-809 82-310 Careless Driving $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-332 Right Turn $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-333 Left Turn $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-334 U-Turn Restricted $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-337 Cutting Corner $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 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 $60.00 $62.50 $122.50 0.00%
18-809 82-365
Vehicle Entering
Stop Intersection $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-366
Stop Required
Before Entering
from Alley,
Building or Private
Road; Place of
Stopping $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-367
Obedience to
Stop and Yield $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-369
Stop at Railroad
Crossing Signal $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-392
Obedience (One
Way Streets and
Alleys) $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-424
Manner of Use of
Diagonal Parking
Spaces $40.00 $62.50 $102.50 $40.00 $62.50 $102.50 0.00%
18-809 82-561 Lights on Vehicle $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-563
Obstruction of
Vision $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-565 Exhaust System $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-603
Pedestrian
Right-of-Way $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-605 Jaywalking $40.00 $62.50 $102.50 $40.00 $62.50 $102.50 0.00%
18-809 82-682
Operation of
Snowmobiles on
Public Parks,
Streets, Roads,
Alleys, Sidewalks,
Boulevards, and
Rights-of-Way $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-684
Operation of
Snowmobiles on
Public Property $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-721
Clinging to
Moving Vehicles $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 82-751 Bicycle Offense $25.00 $62.50 $87.50 $25.00 $62.50 $87.50 0.00%
18-809 82-842
Driving Through
Processions $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
Housing and Zoning Offenses
18-809 22-374 Agent Required $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 22-401
Licensing of
Leased Dwelling
Units $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 22-402
Filing of
Application Forms $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 22-405
Payment of
License Fees $60.00 $62.50 $122.50 $60.00 $62.50 $122.50 0.00%
18-809 22-432
Failure to Comply
with Smoke
Detector
Requirement
First Offense $155.00 $62.50 $217.50 $155.00 $62.50 $217.50 0.00%
Second Offense $155.00 $62.50 $217.50 $155.00 $62.50 $217.50 0.00%
Third Offense $200.00 $62.50 $262.50 $200.00 $62.50 $262.50 0.00%
18-809 22-433
Failure to Comply
with Exit
Requirement
First Offense $155.00 $62.50 $217.50 $155.00 $62.50 $217.50 0.00%
Second Offense $155.00 $62.50 $217.50 $155.00 $62.50 $217.50 0.00%
Third Offense $200.00 $62.50 $262.50 $200.00 $62.50 $262.50 0.00%
18-809 22-434
Failure to Comply
with Parking
Requirement
First Offense $155.00 $62.50 $217.50 $155.00 $62.50 $217.50 0.00%
Second Offense $155.00 $62.50 $217.50 $155.00 $62.50 $217.50 0.00%
Third Offense $200.00 $62.50 $262.50 $200.00 $62.50 $262.50 0.00%
18-809
94-123
(c)
94-124
(c)
94-125
(c)
94-126
(c)
94-127
(c)
94-128
(c)
94-129
(c)
94-130
(c)
All
Other
Zoning
Ordina
nces
Violatio
ns
First Offense $200.00 $62.50 $262.50 $200.00 $62.50 $262.50 0.00%
Second Offense $200.00 $62.50 $262.50 $200.00 $62.50 $262.50 0.00%
Edgebrook Golf Course Rates
Fee Description
2019
Eagle
Special
2019 Birdie
Special
2019
Regular
2020
Proposed
Eagle
Special
2020
Proposed
Birdie
Special
2020
Proposed
Regular
%
Change
Unlimited Golf
Youth 185.00 210.00 210.00
195.00
220.00
220.00 ~5.00%
Young Adult ~5.00%
424.00 449.00 474.00 445.00 471.00 498.00
Senior/Veteran
424.00
449.00
474.00
445.00
471.00
498.00 ~5.00%
Young Adult Couple
474.00
499.00
574.00
498.00
524.00
603.00 ~5.00%
Senior Couple
474.00
499.00
574.00
498.00
524.00
603.00 ~5.00%
Individual
504.00
529.00
604.00
530.00
555.00
634.00 ~5.00%
Couples
584.00
609.00
810.00
613.00
639.00
850.00 ~5.00%
Family
664.00
689.00
880.00
697.00
723.00
924.00 ~5.00%
College Student
224.00
249.00
249.00
235.00
261.00
261.00 ~5.00%
Unlimited Golf + Half Cart Package
Young Adult
684.00
709.00
784.00
718.00
744.00
823.00 ~5.00%
Senior/Veteran
684.00
709.00
784.00
718.00
744.00
823.00 ~5.00%
Young Adult Couple
734.00
759.00
834.00
771.00
797.00
876.00 ~5.00%
Senior Couple
734.00
759.00
834.00
771.00
797.00
876.00 ~5.00%
Individual
704.00
729.00
804.00
739.00
765.00
844.00 ~5.00%
Couples
754.00
779.00
904.00
792.00
818.00
949.00 ~5.00%
Family
804.00
829.00
924.00
844.00
870.00
970.00 ~5.00%
College Student
424.00
449.00
449.00
445.00
471.00
471.00 ~5.00%
Punch Cards
10/18 Hole Rounds
230.00
240.00 4.35%
10/9 Hole Rounds
175.00
185.00 5.71%
10/Par 3 Course Rounds
50.00
55.00 10.00%
Green Fees
9 holes
15.00
16.00 6.67%
18 holes
23.00
24.00 4.35%
9 holes (Weekday -
Senior/Veterans)
12.00
13.00 8.33%
18 holes (Weekday -
Senior/Veterans)
19.00
20.00 5.26%
Carts Fees
9 holes
10.00
10.00 0.00%
18 holes
15.00
15.00 0.00%
Driving Range
Bucket of range balls
5.00
5.00 0.00%
Add on to membership -
Individual
150.00
150.00 0.00%
Add on to membership -
Family/Couple
200.00
200.00 0.00%
Resolution 19-077. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that Resolution 19 -077, a Resolution Adopting the
Comprehensive Financial Management Policy, be approved. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton
Byrne.
Resolution 19-077 -Resolution Adopting the
Comprehensive Financial Management Policy
Whereas, the Comprehensive Financial Management Policy will consolidate the City’s
financial policies; and
Whereas, the proposed financial management cha nges promote transparency, provide
the City Council with a better understanding of financial condition, and help Brookings
achieve its dreams.
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
Comprehensive Financial Management Policy as defined in the attached.
City of Brookings
Comprehensive Financial Management Policy
Purpose
The Comprehensive Financial Management Policy assembles all of the City’s financial
policies in one document. They are a tool to ensure tha t the City is financially able to
meet its immediate and long-term services objectives. The individual policies
contained herein serve as guidelines for both the financial planning and internal
financial management of the City.
The City of Brookings is accountable to its citizens for the use of public dollars.
Municipal resources must be wisely used to ensure adequate funding for the services,
public facilities, and infrastructure necessary to meet the community’s present and
future needs. These policies safeguard the fiscal stability required to achieve the City’s
goals and objectives.
Objectives
In order to achieve its purpose, the Comprehensive Financial Management Policy has
the following objectives for the City’s fiscal performance.
To guide City Council and management policy decisions that have significant
fiscal impact.
To set forth operating principles that minimize the cost of government and
financial risk.
To employ balanced and fair revenue policies that provide adequate funding for
desired programs.
To maintain appropriate financial capacity for present and future needs.
To promote sound financial management by providing accurate and timely
information on the City’s financial condition.
To secure the highest possible credit and bond ratings by meeting or exceeding
investment grade financial thresholds through sound, conservative financial
decision making.
To ensure the legal use of financial resources through an effective system of
internal controls.
To promote cooperati on and coordination with other governments and the private
sector in the financing and delivery of services.
To link long-term financial planning with short-term daily operations.
Fund Balance and Reserves
Fund balance measures the net financial resources available to finance expenditures of
future periods. Rating agencies examine fund balance when considering overall
economic health and credit quality of the City. Reserves protect the City’s essential
service programs during periods of economic downturn, which may temporarily reduce
actual resources or cut the growth rate of City resources which are necessary to
maintain pre-existing service levels.
1. The City shall achieve and maintain a minimum General Fund Reserve Balance of
15% of the General Fund’s current annual operating budget.
1.1 The General Fund Reserve Balance of the City’s General Fund is assigned
and should not be used to support recurring operating expenditures outside
of the current budget year.
2. The City’s Budget Stabilization Reserve of 5% of the General Fund’s current
annual operating budget will be maintained to provide the City with sufficient
working capital and a comfortable margin of safety to address emergencies,
withstand local and regional economic shocks, and unexpected declines in
revenue without borrowing.
2.1 The Budget Stabilization Reserve shall be used only to cover emergencies
and unexpected declines in revenue. If the Budget Stabilization Reserve is
used in the previous year, the City will decrease its General Fund
expenditures to prevent using the Budget Stabilization Reserve in two
consecutive fiscal years to subsidize the General Fund.
2.2 The Budget Stabilization Reserve is committed and can only be appropria ted
by a resolution of the City Council.
2.3 In the event the Budget Stabilization Reserve is used to provide for temporary
funding of unforeseen emergency needs, the city shall restore the Budget
Stabilization Reserve to the minimum level of 5% of the G eneral Fund’s
annual operating budget within two fiscal years following fiscal year in which
the event occurred.
3. Any unassigned fund balance in the General Fund, in excess of the 20%
comprised of the General Fund Balance Reserve and Budget Stabilizatio n
Reserve, shall be utilized for City Council’s Priority Funding. This unassigned
funding shall be earmarked for non-recurring capital expenditures or used to “buy
down” the Bond and Interest for future budget years. It is generally agreed to be in
the best interest of the citizens of Brookings to use the City Council’s Priority
Funding to first fund non-reoccurring capital projects and only be used to buy
down debt that is above the ceiling. City Council shall prioritize these projects
while considering up front and long term commitments.
4. Any funding from the 3B Fund shall meet the req uirements of the South Dakota
State Statute 10-52-8*. Monies will be appropriated from the 3B Fund to
economic development and promotional endeavors with the capacity to progress
and advertise the city, its facilities, attractions, and activities. In any fiscal year,
the City may require unspent funds to be returned to the 3B Fund. Unassigned
funds will be utilized for capital projects associated with these agencies or onetime
expenditures. The Fund will contain a committed reserve of $100,000 for
unanticipated shortfalls.
Capital Improvement Plan (CIP)
1. The City’s long range strategic financial plan is compiled for a sustainable
improvement of the community’s infrastructure a nd operations. The City of
Brookings will consider any equipment or projects with a cost over $25,000 as a
capital improvement and funded within the CIP.
2. Capital Improvement Plan will consist of the former 212 (1/4 penny) and 213 (3/4
penny) accounts. The Capital Improvement Plan shall contain funding primarily
for General Fund activities.
3. The City will maintain a Capital Improvement Plan which provides a ten-year
estimate of the funds necessary to finance the City’s capital projects and assets.
The Capital Improvement Plan will be updated and included in the annual budget
document.
4. The Capital Improvement Plan may show a positive carryover and rely on City
Council’s Priority Funding to assure adequate project funding. Carryover is excess
cash from the current year created from unassigned project savings and shall be
utilized the following year as a carry forward. Transfers from the General and other
Enterprise Funds can be made to balance the plan when necessary.
5. Bonds are primarily used for improvements to streets and facility additions or major
renovations of which cash is unavailable. Rating agencies examine debt to
revenue to determine proper rates and allowances. Therefore, the City will limit
debt to a ratio of 1:3 for its debt/revenue attained from the dedicated sales tax
(former 1/4 and 3/4 penny sales tax) and other sources outlined within the CIP.
6. The City will maintain an assigned Vehicle, Equipment, IT and Building
maintenance/replacement sinking fund. A schedule will pro vide ten-year
estimates of the funds necessary to maintain and replace the City’s primary
assets. This fund will be a line item in the CIP plan and will be updated as part of
the budget process and will be presented to the City Council as part of the annu al
budget document.
7. Approximately 1% of capital improvement costs will be subject to the Public Art
funding requirement. The exception of capital improvement items not subject to
this calculation include those funded through bonds, leases, grants and other
outside funding sources. The Public Art account will be funded per section 2 -114
of City Code.
Budgeting
The budget is one of the most important documents the City prepares since it identifies
the services to be provided and how the services are to be financed. Budgeting is an
essential element of the financial planning, control, and evaluation process of municipal
government. During the budget process, the City shall reorganize both short -term needs
and objectives in relation to the long-term goals of the City. The annual budget will be
prepared and adopted in accordance with state laws.
1. The City Manager will prepare a budget in accordance with the guidelines
established by the Government Finance Officers Association (GFOA).
2. The City Manager shall develop annually a Budget Preparation Calendar outlining
the preparation and adoption timelines for the proposed budget.
3. Budget packages for the preparation of the budget, including forms and
instructions, shall be distributed to City departments to complete. Departments
shall prepare and return their budget proposals to the City Manager, as required in
the Budget Preparation Calendar.
4. During the annual budget development process, the existing base budget will be
thoroughly examined to assure removal or reduction of any services that could be
eliminated or reduced in cost.
5. Budgeting procedures will attempt to identify distinct functions and activities and to
allocate budget resources to perform these functions and activitie s as required.
6. Duplication of services and inefficiency in delivery should be eliminated wherever
identified. The City will continue to examine alternative service delivery options for
all City functions. Alternatives for improving the efficiency and e ffectiveness of the
City’s programs and the productivity of its employees will be considered during the
budget process.
7. Performance measures will be utilized and reported in department budgets. The
City will prepare trends, comparisons to other cities, and other financial
management tools to monitor and improve service delivery in City programs.
8. Officials and department heads are required to monitor revenues and control
expenditures to prevent exceeding the amount of expenditures budgeted for their
department as well as accurately tracking and projecting revenues.
Resolution 19-081. A motion was made by Council Member Tilton Byr ne, seconded
by Council Member Bacon, that Resolution 19-081, a Resolution to Support Legislation
and State Administration Efforts that Grants Municipalities Greater Insight of Sales
Tax Revenue, be approved. A motion was made by Council Member Hansen,
seconded by Council Member Niemeyer, to amend the last paragraph of Resolution
19-081 to read "Now, Therefore, Be It Resolved, that the City Council requests support
from local legislators and partners in legislative and administrative opportunities that wil l
provide greater transparency into individual business sales tax receipts." The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon,
Wendell, and Tilton Byrne. On the main motion as amended, the motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton
Byrne.
Resolution 19-081 -Resolution to Support Legislation and State Administration Efforts
that Grants Municipalities Greater Insight of Sales Tax Revenue
Whereas, the City of Brookings desires to provide exceptional services, programs and
infrastructure to its residents and visitors; and
Whereas, Brookings strives to operate effectively and efficiently in a businesslike
manner while ensuring the values and needs of the community are met; and
Whereas, sales tax accounts for 41% of all General Fund Revenue and majority of all
Capital Funding; and
Whereas, additional insight of sales tax revenue would benefit revenue projections and
budgeting to provide essential services; and
Whereas, our quality of life, public safety, parks, and economic development benefit
from our sales tax; and
Whereas, sales tax dramatically fluctuates from month to month; and
Whereas, special legislation and State Administrative efforts can provide greater
transparency of individual business sales tax receipts to allow cities more insight for
developing accurate revenue forecasting.
Now, Therefore, Be It Resolved, that the City Council requests support from local
legislators and partners in legislative and administrative opportunities that will provide
greater transparency into individual business sales tax receipts.
Progress Report. Jacob Meshke, Assistant to the City Manager, provided a progress
report highlighting the City’s activities/projects.
City Council Member introduction of topics for future discussion. A motion was
made by Council Member Hansen, seconded by Mayor Corbett, to consider a Charter
Amendment that the City Clerk position not be appointed by the City Council. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon,
W endell, and Tilton Byrne; No: 1 – Brink. Mayor Corbett stated to add this item to the
October 8, 2019 City Council Meeting.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, that this meeting be adjourned at 7:11 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-072,Version:1
Action on Resolution 19-072, a Resolution authorizing the City Manager to sign a Liquor Operating
Agreement 5-year renewal for Jim’s Tap, 309 Main Ave., Don Urquhart & Mary VandeCrommert,
owners, legal description: Lot 5, Block 3, Original Plat Addition.
Summary:
The City of Brookings enters into Liquor Operating Agreements for 10-year increments. The
Operating Agreement for Jim’s Tap, 309 Main Ave., is at the 5-year renewal point. This Resolution
would allow the City Manager to enter into the remaining 5-years of the 10-year agreement.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Operating Agreement
City of Brookings Printed on 10/3/2019Page 1 of 1
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Resolution 19-072
Jim’s Tap
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 Jim’s Tap, Don Urquhart & Mary
VandeCrommert, 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 309 Main Ave.
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.
Passed and approved this 8th day of October, 2019.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
LIQUOR OPERATING AGREEMENT - Renewal
Jim’s Tap
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and Jim’s Tap, Don Urquhart & Mary VandeCrommert, owners,
hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
to allow the Manager to operate a retail on-sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
Lot 5, Block 3, Original Plat Addition.
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for the remaining five (5) years of the ten
(10) year agreement, subject to the approval of the governing body of the City of
Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 8th day of October, 2019.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST:Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
By:
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 19-083,Version:1
Action on Resolution 19-083, a Resolution Fixing Time and Place for Hearing upon Assessment Roll
for Sidewalk Assessment Project No. 2018-01SWR (2018 Sidewalk Repair Sites).
Summary:
This resolution will set the public hearing date for Tuesday, October 22, 2019 for the Sidewalk
Assessment Project No. 2018-01SWR, 2018 Sidewalk Repairs
Background:
This project is the annual concrete project and entails construction of miscellaneous concrete work
including curb and gutter repair, fillets, valley gutters, curb ramps, and sidewalk along vacant
property. This project also includes homeowner trip hazards that weren’t repaired in the 2017
sidewalk area which is east of Medary Avenue and between 6th Street and Orchard Drive and
property owners in the 2018 sidewalk area who volunteered to be in the project, which is north of 6 th
Street and west of Interstate 29.
Resolution 18-051 was adopted on July 24, 2018 and authorized the sidewalk assessment project.
The assessment cost for each property owner is calculated by using their specific sidewalk cost plus
a 6% fee for engineering and administration. This resolution will set the public hearing date for
October 22, 2019 to assess the project. The City Engineering Department will mail notices to the
property owners included in the assessment.
Fiscal Impact:
The city will collect the sidewalk assessment costs for the trip hazard repairs.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 10/3/2019Page 1 of 1
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Resolution 19-083
Resolution Fixing Time and Place For Hearing Upon Assessment Roll For
Sidewalk Assessment Project No. 2018-01SWR, (2018 Sidewalk Repair Sites)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for Sidewalk Assessment Project No. 2018-01SWR
having been filed in the office of the City Clerk on the 2
nd day of October, 2019, and the
City Council shall meet in the Chambers at the City & County Government Center, 520
3rd Street, Brookings, SD on Tuesday, the 22nd day of October, 2019, at 6:00 o'clock
PM, the said date being not less than twenty (20) days from the filing of said
assessment roll.
2. The City Engineer is authorized and directed to prepare a notice describing,
in general terms Sidewalk Assessment Project No. 2018-01SWR, 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 at least one week prior to 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 nor more than twenty days prior to the
hearing.
Passed and approved this 8th day of October, 2019.
CITY OF BROOKINGS
_____________________________
Keith W. Corbett, Mayor
ATTEST:
______________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-084,Version:1
Action on Resolution 19-084, a Resolution declaring surplus property for the City of Brookings.
Summary:
The City of Brookings is the owner of the following described equipment formerly used at the City of
Brookings:
Police Dept.
·2018 Ford Taurus Police Interceptor, AWD, w/ V6 Ecoboost motor. VIN#
1FAHP2MT0JG112360
Background:
This vehicle was damaged in a heavy rain/flooding event when an officer was responding to an alarm
call. The vehicle was inspected by the City’s insurance adjuster and deemed a total loss due to the
water damage it experienced to both the engine and the interior of the vehicle.
Fiscal Impact:
Council action is required to declare these items surplus.
This equipment is being declared surplus property according to SDCL Chapter 6-13.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 10/3/2019Page 1 of 1
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Resolution 19-084
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Police Dept.
2018 Ford Taurus Police Interceptor, AWD, w/ V6 Ecoboost motor. VIN#
1FAHP2MT0JG112360
Whereas, this vehicle was damaged in a heavy rain/flooding event when an officer was
responding to an alarm call. The vehicle was inspected by the City’s insurance adjuster
and deemed a total loss due to the water damage it experienced to both the engine and
the interior of the vehicle; and
Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose
of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of said surplus
property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6-13.
Passed and approved this 8th day of October, 2019.
CITY OF BROOKINGS
____________________________
ATTEST:Keith W. Corbett, Mayor
___________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-082,Version:1
Action on Resolution 19-082, a Resolution Awarding Bids on 2019-20, Contractor Snow Removal
Contacts.
Summary:
This resolution will award the 2019-20 Contractor Snow Removal Contacts to the bidding contractors
based on the best value for the City.
Background:
The Brookings Street Department uses contractors to assist in snow removal efforts. Contractors are
called out on an as needed basis and are ranked per the best value per equipment.
The City opened bids on Tuesday, September 24, 2019 at 1:30 pm at the City & County Government
Center and the following bids were received:
Four (4) Motorgraders with Wings: Two bids were received. Bowes Construction, two (2) 140H,
$195.00/hr.
One (1) 3- to 6-Yard Loader: Four bids were received. Winter Contracting LLC, 624K, 3.50 cubic
yards, $145.00/hr.; Bowes Construction, 966H CAT, 5.00 cubic yards, $215.00/hr., Bowes
Construction, CAT, 4.00 cubic yards, $185.00/hr., Bowes Construction, CAT, 3.00 cubic yards,
$165.00/hr.
Four (4) Loaders with Reversible Blades: One bid received. Bowes Construction, 950 CAT,
$205.00/hr.
Ten (10) End-Dump Trucks: Eight bids were received. Winter Contracting LLC, #14, 23.00 cubic
yards, $125.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction,
#24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #19, 22.8 cubic yards, $135.00/hr.;
Prussman Contracting Inc, #20, 22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #22, 22.2
cubic yards, $135.00/hr.; Prussman Contracting Inc, #21, 20.6 cubic yards, $135.00/hr.; Prussman
Contracting Inc. #23, 19.5 cubic yards, $135.00/hr.
Four (4) Side-Dump Trucks: Four bids were received. Winter Contracting LLC, #10, 34 cubic yards,
$150.00/hr.; Winter Contracting LLC, #12, 32 cubic yards, $150.00/hr.; Bowes Construction, #9, 17
cubic yards, $140.00/hr.; Bowes Construction, #18, 17 cubic yards, $140.00/hr.
Fiscal Impact:
City budget is $98,880
Recommendation:
Staff recommends approval
City of Brookings Printed on 10/4/2019Page 1 of 2
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File #:RES 19-082,Version:1
Memo
Resolution
City of Brookings Printed on 10/4/2019Page 2 of 2
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City Council Agenda Memo
From:Matt Bartley, Streets/Project Manager
Council Meeting:October 8, 2019
Subject:Action on Resolution 19-085, A Resolution Awarding Bids on
2019-20, Contractor Snow Removal Contacts
Person(s) Responsible: Matt Bartley, Streets/Project Manager
Summary:
This resolution will award the 2019-20 Contractor Snow Removal agreements best
value for the City.
Background:
The Brookings Street Department uses contractors to assist in snow removal efforts.
This assistance augments city equipment and employees, traditionally in residential
neighborhoods. Based on snow storms, contractors are called out on an as needed
basis and are ranked on the best value per equipment from annual bidding of
equipment.
Discussion:
The City opened bids on Tuesday, September 24, 2019 at 1:30 pm at the City & County
Government Center and the following bids were received:
Four (4) Motorgraders with Wings: Two bids were received. Bowes Construction, two
(2) 140H, $195.00/hr.
One (1) 3- to 6-Yard Loader: Four bids were received. Winter Contracting LLC, 624K,
3.50 cubic yards, $145.00/hr.; Bowes Construction, 966H CAT, 5.00 cubic yards,
$215.00/hr., Bowes Construction, CAT, 4.00 cubic yards, $185.00/hr., Bowes
Construction, CAT, 3.00 cubic yards, $165.00/hr.
Four (4) Loaders with Reversible Blades: One bid received. Bowes Construction, 950
CAT, $205.00/hr.
Ten (10) End-Dump Trucks: Eight bids were received. Winter Contracting LLC, #14,
23.00 cubic yards, $125.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.;
Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc,
#19, 22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards,
$135.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $135.00/hr.; Prussman
Contracting Inc, #21, 20.6 cubic yards, $135.00/hr.; Prussman Contracting Inc. #23,
19.5 cubic yards, $135.00/hr.
Four (4) Side-Dump Trucks: Four bids were received. Winter Contracting LLC, #10, 34
cubic yards, $150.00/hr.; Winter Contracting LLC, #12, 32 cubic yards, $150.00/hr.;
Bowes Construction, #9, 17 cubic yards, $140.00/hr.; Bowes Construction, #18, 17
cubic yards, $140.00/hr.
Contractors will assist in snow removal operations as needed and will be called out in
order of best value.
Legal Consideration:
None.
Financial Consideration:
City budget is $98,880
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approve the resolution to award the 2019-20 Contractor Snow Removal Contracts.
Supporting Documentation:
1. Resolution
Resolution 19-082
Resolution Awarding Snow Removal Equipment Contracts
Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday,
September 24, 2019 at 1:30 pm at Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for Snow Removal
Equipment:
Four (4) Motorgraders with Wings: Two bids were received. Bowes Construction, two
(2) 140H, $195.00/hr.
One (1) 3- to 6-Yard Loader: Four bids were received. Winter Contracting LLC, 624K,
3.50 cubic yards, $145.00/hr.; Bowes Construction, 966H CAT, 5.00 cubic yards,
$215.00/hr., Bowes Construction, CAT, 4.00 cubic yards, $185.00/hr., Bowes
Construction, CAT, 3.00 cubic yards, $165.00/hr.
Four (4) Loaders with Reversible Blades: One bid received. Bowes Construction, 950
CAT, $205.00/hr.
Ten (10) End-Dump Trucks: Eight bids were received. Winter Contracting LLC, #14,
23.00 cubic yards, $125.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.;
Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc,
#19, 22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards,
$135.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $135.00/hr.; Prussman
Contracting Inc, #21, 20.6 cubic yards, $135.00/hr.; Prussman Contracting Inc. #23,
19.5 cubic yards, $135.00/hr.
Four (4) Side-Dump Trucks: Four bids were received. Winter Contracting LLC, #10, 34
cubic yards, $150.00/hr.; Winter Contracting LLC, #12, 32 cubic yards, $150.00/hr.;
Bowes Construction, #9, 17 cubic yards, $140.00/hr.; Bowes Construction, #18, 17
cubic yards, $140.00/hr.
Now Therefore, Be It Resolved the following bids be accepted:
Four (4) Motorgraders with Wings: Two bids were received. Bowes Construction, two
(2) 140H, $195.00/hr.
One (1) 3- to 6-Yard Loader: Four bids were received. Winter Contracting LLC, 624K,
3.50 cubic yards, $145.00/hr.; Bowes Construction, 966H CAT, 5.00 cubic yards,
$215.00/hr., Bowes Construction, CAT, 4.00 cubic yards, $185.00/hr., Bowes
Construction, CAT, 3.00 cubic yards, $165.00/hr.
Four (4) Loaders with Reversible Blades: One bid received. Bowes Construction, 950
CAT, $205.00/hr.
Ten (10) End-Dump Trucks: Eight bids were received. Winter Contracting LLC, #14,
23.00 cubic yards, $125.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.;
Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc,
#19, 22.8 cubic yards, $135.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards,
$135.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $135.00/hr.; Prussman
Contracting Inc, #21, 20.6 cubic yards, $135.00/hr.; Prussman Contracting Inc. #23,
19.5 cubic yards, $135.00/hr.
Four (4) Side-Dump Trucks: Four bids were received. Winter Contracting LLC, #10, 34
cubic yards, $150.00/hr.; Winter Contracting LLC, #12, 32 cubic yards, $150.00/hr.;
Bowes Construction, #9, 17 cubic yards, $140.00/hr.; Bowes Construction, #18, 17
cubic yards, $140.00/hr.
Passed and approved this 8th day of October, 2019.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 19-022,Version:2
Public Hearing and Action on Ordinance 19-022, an Ordinance rezoning for Lots 6 & 7, Block 12,
Folsom Addition from R-3A to B-3 District (166 & 170 1st Avenue South).
Summary:
The applicant is seeking approval of a rezoning request for two (2) existing lots from Residence R-3A
Apartments/Mobile Homes/Manufactured Housing District to Business B-3 Heavy District.
Background:
The property is located at the northwest corner of West Second Street South and 1st Avenue South
with Division Avenue abutting the land to the west. There are currently two (2) residential homes on
the land. The general area includes a mix of zoning districts with B-3 to the west, I-1 to the south,
and R-3A to the north and east. The Future Land Use Map shown in the adopted Comprehensive
Plan shows the area as Urban Medium Intensity (UMI) is consistent with the B-3 District. (See
attachments)
Findings of Fact:
The rezoning request is consistent with the Comprehensive Plan.
Staff Recommendation:
Staff recommends approval of the rezoning request.
Planning Commission Recommendation:
The Planning Commission voted 8-0 to recommend approval of the rezoning request.
Attachments:
Memo
Ordinance
City Council Notice
09-03-2019 Planning Commission Minutes
Planning Commission Notice
Rezoning Map
Future Land Use Map
Urban Medium Intensity
B-3 District
City of Brookings Printed on 10/3/2019Page 1 of 1
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City Council Agenda Memo
From:Mike Struck, Community Development Director
Meeting:September 24, 2019 / October 8, 2019
Subject:Rezoning Request for Lots 6 & 7, Block 12, Folsom Addition
from R-3A to B-3 District (166 & 170 1st Avenue South)
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The applicant is seeking approval of a rezoning request for two (2) existing lots from
Residence R-3A Apartments/Mobile Homes/Manufactured Housing District to Business
B-3 Heavy District.
Background:
The property is located at the northwest corner of West Second Street South and 1st
Avenue South with Division Avenue abutting the land to the west. There are currently
two (2) manufactured homes on the land. The general area includes a mix of zoning
districts with B-3 to the west, I-1 to the south, and R-3A to the north and east. The
Future Land Use Map shown in the adopted Comprehensive Plan shows the area as
Urban Medium Intensity (UMI) is consistent with the B-3 District.
Discussion:
The property’s location along West Second Street South, which is a collector street, and
other local street frontages provides for business accessibility and visibility. In addition,
the land is adjacent to a business park to the west. The Zoning Ordinance requires a
50 foot buffer yard between any abutting residential property which will help provide for
a smooth transition between land uses.
Legal Consideration:
None.
Financial Consideration:
None.
Options:
City Council has the following options:
1. Approve as presented
2. Deny
Staff Recommendation:
Staff recommends approval of the Preliminary Plat.
Planning Commission Recommendation:
The Planning Commission voted 8-0 to recommend approval of the rezoning request.
Action Requested:
Approval of the rezoning request.
Supporting Documentation:
1. City Council Memo
2. Ordinance
3. City Council Notice
4. 09-03-2019 Planning Commission Minutes
5. Planning Commission Notice
6. Rezoning Map
7. Future Land Use Map
8. Urban Medium Intensity
9. B-3 District
Ordinance 19-022
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 6 & 7, Block 12, Folsom Addition from Residence R-3A Apartments/Mobile
Homes/Manufactured Housing District to Business B-3 Heavy District
(166 & 170 1st Avenue South)
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 September 24, 2019
Second Reading and Adoption October 8, 2019
Published October 11, 2019
CITY OF BROOKINGS
________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 19-022
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a
public hearing at 6:00 p.m., Tuesday, October 8, 2019, in the Brookings City & County
Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City
Code of Ordinances, entitled Ordinance 19-022, an Ordinance rezoning Lots 6 & 7, Block 12,
Folsom Addition from R-3A to B-3 District (166 & 170 1st Avenue South). At which time and
place all persons interested will be given a full, fair and complete hearing thereon. Dated in
Brookings, South Dakota, this 27th day of September, 2019.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
Planning Commission
Brookings, South Dakota
September 3, 2019
OFFICIAL MINUTES
Chairperson Eric Rasmussen called the meeting of the City Planning Commission to
order on Tuesday September 3, 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, James Drew, Greg Fargen, Gregg Jorgenson, Jason Meusburger, Lee Ann
Pierce, Ashley Biggar, and Rasmussen. Absent was Alan Johnson. Also present were
City Planner Staci Bungard, Community Development Director Mike Struck, Mike
McClemans, Jacob Mills, Rob Jones,Justin Bucher, and Matt Gorder.
Item #6a – Spilde Leasing Company LLC submitted a petition to rezone Lots 6&7, Block
12, Folsom Addition from Residence R-3A Apartments/Mobile Homes/Manufactured
Housing District to Business B-3 Heavy District (166 & 170 1st Avenue South).
(Pierce/Meusburger) Motion to approve the rezone request. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a –This request is from R-3A to B-3. Currently there are two residential homes
on the land. The surrounding area has a mix of uses and zones. The request is
consistent with the Comprehensive Plan. Gorder explained that he would be tearing the
houses down to allow him to build a small building to run a car sales and auto repair
business out of.
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 Spilde Leasing Company LLC submitted a
petition to rezone the following described real estate in the City of Brookings and
Brookings County, South Dakota:
Lots 6 & 7, Block 12, Folsom Addition from Residence R-3A
Apartments/Mobile Homes/Manufactured Housing District to Business B-3
Heavy District (166 & 170 1st Avenue South)
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on September 3, 2019, 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 23
rd day of August, 2019.
Staci Bungard
City Planner
B rook ings County, SD
R ez on in g Ma p
Lots 6 & 7, Block 12, Folsom Addition
120 ft
Overvi ew
80
BROOKINGS: A COMPREHENSIVE PLAN
FIGURE 3.5: Future Land Use Plan
Urban Medium Intensity
86
BROOKINGS: A COMPREHENSIVE PLAN
LAND USE:URBAN-MEDIUM (U-M)
DESCRIPTION:
·Vibrant, urban areas that draw customers and employees
from outside the immediate area. A mix of housing types
(see MDR), neighborhood and community commercial,
office, and service uses.
POTENTIAL ZONING:
·Single-Family Dwelling District; Townhouse District; Office
District; Local Retail District; Mixed Use Residential /
Business
INTENSITY (DU/A):
·7-12
USES:
A mix of complementary uses, including single-family
housings, multi-family housing, schools, mid-sized parks and
churches, commercial and mixed use. Amenities such as parks,
plazas and quality streetscapes should be more prevalent than
in U-L areas.
FORM:
A high-connectivity grid pattern expands viable locations
for commercial land uses, and allows multiple access points
and route choices between uses. As compared to U-L, U-M
encourages closer proximity between transportation, housing,
and shopping choices.
COMPATIBILITY:
Land uses and intensities should be integrated at a finer
grain than within the Urban—Low Intensity designation. As
compared to U-L areas, compatibility should be achieved
through increased attention to traffic circulation and parking,
site and building design, and on-site operations.
·Land uses are sometimes mixed vertically, resulting in
complementary and alternating times of use and the ability
to share parking areas.
·Different types of land use are positioned to create a
smooth internal transition from lower to higher intensity
uses; however, this transition happens over a shorter
distance than within the U-L designation.
·Larger commercial or office uses should cluster around
arterial streets.
·Smaller commercial uses are appropriate on any street
provided that a smooth transition in intensity of uses is
maintained.
PARKING:
·Accommodated off-street in private garages, driveways,
onstreet (limited) and surface parking lots.
·Parking facilities should manage storm water and be
screened from adjacent land uses.
Sec. 94-134. - Business B-3 heavy district.
(a) Intent.This district is intended to provide for a wide variety of retail services. This district will include
commercial uses requiring large land areas, extensive retail operations and outdoor display of
merchandise. Inventory and material storage shall be screened.
(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-3 heavy district.
(c) Permitted uses.
(1) Retail or service store.
(2) Personal service store.
(3) Financial services.
(4) Public transportation facility.
(5) Public utility facility.
(6) Parking facility or lot.
(7) Grocery supermarket.
(8)Drive-in food service.
(9) Gas dispensing station.
(10) Reserved.
(11) Car wash.
(12) Indoor or outdoor recreational facility.
(13) Temporary storage facility.
(14) Automobile sales.
(15) Office building.
(16) Roadside stand.
(17) Drinking establishment.
(18) Telecommunications towers.
(19) Emergency services.
(20) Personal health services.
(d) Permitted special uses.A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
(1) Outdoor sales.
a. Used parts and other material storage shall be screened from adjoining property.
(2) Wholesale trade with warehousing.
a. All inventory shall be stored within a completely enclosed building.
(3) Lumberyard.
a. The lumber storage area shall be at the rear of the building and screened from any arterial
street or residential district.
b. Seasonal outdoor displays shall not reduce the number of required parking spaces on the
lot below the minimum requirements.
(4) Nursery or greenhouse.
a. Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an
arterial street.
(5) Reverse vending machine.
a. A trash receptacle shall be provided on-site.
(6) Automobile service station.
a. No fuel delivery pump shall be located within 20 feet of any side lot line or right-of-way line.
No fuel pump shall be located within 50 feet of the side or rear lot line abutting a residential
district.
b. All repair work shall be done within a completely enclosed building.
c. All used automobile parts and dismantled vehicles shall be screened from adjacent
property.
(7) Citizen's drop-off for recyclables.
a. No container shall be located within 100 feet of a residential district.
(8) Motor vehicle repair shop.
a. All repair work shall be done within a completely enclosed building.
b. All used automobile parts and dismantled vehicles shall be screened from adjacent
property.
(9) Motel or hotel.
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.
(10) Equipment rental store.
a. An on-premises pickup and drop-off area shall be provided.
b. Outdoor displays shall not reduce the number of required parking spaces on the lot below
the minimum requirements.
(11) Auction house.
a. An on-premises pickup and drop-off area shall be provided.
b. Outdoor displays shall not reduce the number of required parking spaces on the lot below
the minimum requirements.
(12) Semi-trailer storage.
a. Storage shall not be permitted in the minimum front yard setback.
(13) Extended stay motel.
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.
(14) Brewpub.
a. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of
the total floor area of a combined restaurant and drinking establishment and 50 percent of
the total floor area of a drinking establishment without restaurant services.
b. A malt beverage manufacturer's license must be obtained per state law.
c. An alcohol beverage license must be obtained per city ordinance.
d. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel
contains 31 gallons.
(15) Microbrewery.
a. The production of malt beverages shall be limited to 15,000 barrels per year or less.
b. A malt beverage manufacturer's license must be obtained per state law.
c. All grain shipments and spent grain shall be contained within a completely enclosed
building.
(16) Contractor's shop.
a. All equipment and materials shall be contained within a completely enclosed building.
(17) Farm/feed store.
a. No retail sale items in bulk form shall be permitted as outside display.
b. All outside retail items shall only be displayed adjacent to the building.
(18) Animal hospital.
a. All cremation equipment and processes must be confined within an enclosed building.
b. Deceased animal storage areas must be completely within an enclosed building at all
times.
(e) Conditional uses.
(1) Assembling and packaging.
(2) Freight handling.
(3) Manufacturing, light.
(4) Mixed business/residential use.
(5) Contractors shop and storage yard.
(6) Buy back center for recyclables.
(7) Household hazardous waste site.
(8) Light processing facility.
(9) Transfer site for recyclables.
(10) Day care facility.
(11) Kennel.
(12) Truck and trailer rentals.
(13) Farm implement sales.
(14) Broadcast tower.
(15) Wholesale trades with storage yard.
(f) Density, area, yard and height regulations.The B-3 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 20 feet 5 feet* 20 feet* 45 feet
*A 50-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-3 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-3 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-3 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-3 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. 42-08, 11-18-2008; Ord. No. 29-09, § 1, 11-17-2009; Ord.
No. 09-10, 2-23-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-020 , § 2, 12-8-2015; Ord. No.
17-005 , § I, 2-28-2017; Ord. No. 18-014 , § IV, 10-9-2018)
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 19-067,Version:1
Action on Resolution 19-067, a Resolution Urging the Legislature to Protect Consumer Choice and
the Ability of Municipal Electric Utilities to Annex Service Territory.
Summary:
The attached resolution of support for the Coalition to protect Consumer Choice and Municipal
Electric Utilities ability to annex service territory is requested to voice Brookings stance to local
legislators. Committee sessions are being held on the issue and its imperative local control is
protected by allowing the continuation of growth and serviceability through existing annexation
practices.
Background:
In the 2019 Legislature, Senate Bill 66 was introduced by rural electric cooperatives. This initiative
would place a freeze on any electric service territory growth. After much discussion, the item was
referred to a summer committee. A series of two hearings were held with a third later this fall. The
City of Brookings or BMU have been present at all discussions.
The City of Brookings and BMU oppose SB 66 as it would restrict the electric utilities growth.
Specifically, the restrictions would not allow service for business or residential expansion outside
existing city limits.
Recommendation:
Staff recommends City Council approve the attached resolution supporting the Coalition to Protect
Consumer Choice and municipal electric utilities ability to annex service territory. The City does not
support legislation that restricts growth and takes away local control.
Attachments:
Memo
Resolution
City of Brookings Printed on 10/3/2019Page 1 of 1
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City Council Agenda Memo
From:Paul Briseno, City Manager
Council Meeting:October 8, 2019
Subject:Resolution of Support for Consumer Choice
Person(s) Responsible: Paul Briseno, City Manager
Summary:
The attached resolution of support for the Coalition to protect Consumer Choice and
municipal electric utilities ability to annex service territory is requested to voice
Brookings stance to local legislators. Committee sessions are being held on the issue
and its imperative local control is protected by allowing the continuation of growth and
serviceability through existing annexation practices.
Background:
In the 2019 Legislature, Senate Bill 66 was introduced by rural electric cooperatives.
This initiative would place a freeze on any electric service territory growth. After much
discussion, the item was referred to a summer committee. A series of two hearings
were held with a third later this fall. The City of Brookings or BMU have been present at
all discussions.
The City of Brookings and BMU oppose legislation that would restrict the electric utilities
growth. Specifically, the restrictions would not allow service for business or residential
expansion outside existing city limits.
Discussion:
BMU and the City of Brookings has joined efforts with other utilizes to create the
Coalition to Protect Consumer Choice. Its imperative Brookings supports consumer
choice as it:
Ensures a consistent competitive service/rate for our residents
Provides a reliable, robust system for our businesses
Capacity to attain the community’s desired future through a resilient system
that grants an ability to attract businesses and jobs
Revenue received from the utility assist in attainment of our quality of life,
livability, safe neighborhoods, school funding, and welcoming community
Legal Consideration:
There are no legal considerations at this time.
Financial Consideration:
There are no financial considerations at this time.
Recommendation:
Staff recommends City Council approve the attached resolution supporting the Coalition
to Protect Consumer Choice and municipal electric utilities ability to annex service
territory. The City does not support legislation that restricts growth and takes away local
control.
Options:
City Council has the following options:
1. Approve as recommended
2. Approve with amendments
3. Deny
4. Refer to a Work Session for further discussion
Supporting Documentation:
1. Resolution of Support
Resolution 19-067
Resolution Urging South Dakota Legislators to Preserve Consumer Choice and
the Ability of Municipal Electric Utilities to Serve All Municipal Citizens Including
those in Newly Annexed Areas
Whereas, the City of Brookings has chosen to own and operate a Municipal Electric
Utility and serve all the citizens of Brookings for over 120 years; and
Whereas, the Municipal Electric Utilities of South Dakota represent the values of the
communities they serve, providing operational and rate setting decisions locally by
citizens of the community at open and public meetings, and revenues are reinvested
locally to foster economic development and innovation; and
Whereas, the citizens of Brookings have chosen to invest in this Municipal Electric
Utility to help attain the community’s desired future through their resilient electrical
system that attracts essential businesses and jobs; and
Whereas, the Municipal Electric Utilities of South Dakota have consistently been one of
the most important economic development resources for job creation in our region by
allowing the cities involved to attract businesses with lower costs of power and highly
reliable service; and
Whereas, transfers from the Brookings Municipal Electric Fund to our General Fund
assists in providing for the health, safety and welfare of Brookings’ citizens, low
municipal real estate taxes, increased quality of life, livability, safe neighborhoods,
school funding and a welcoming sense of community; and
Whereas, any legislation prohibiting Municipal Electric Utilities to have a reasonable
opportunity for future growth would be harmful to the City of Brookings and not in the
public interest of all citizens of South Dakota.
Now, Therefore, Be It Resolved by the City of Brookings that the South Dakota
Legislators be urged to support the Coalition to Preserve Customer Choice as they
advocate continuing to allow municipally owned electric utilities to serve all municipal
citizens in areas annexed into the cities.
Adopted this 8th day of October, 2019.
CITY OF BROOKINGS
ATTEST:Keith W. Corbett, Mayor
____________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2019-0439,Version:1
Discussion on proposal to Amend Section 2.08 of City of Brookings Charter to provide for
appointment of the Clerk by the City Manager.
Summary:
September 24, 2019 City Council Meeting Minutes: “City Council Member introduction of
topics for future discussion. A motion was made by Council Member Hansen, seconded by Mayor
Corbett, to consider a Charter Amendment that the City Clerk position not be appointed by the City
Council. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon,
Wendell, and Tilton Byrne; No: 1 - Brink. Mayor Corbett stated to add this item to the October 8,
2019 City Council Meeting.”
It has been proposed that Section 2.08 of City of Brookings Charter be amended to
provide for appointment of the Clerk by the City Manager rather than by the City Council and that this
amendment be submitted to the voters. Under Section 8.01 of the Charter (set forth below) there are
several alternative procedures for amendment of the Charter. Subsection 8.01 (b) provides for
amendment by ordinance of the City Council, which is effective upon adoption by the Council, or
(2) by report of the charter commission proposing the amendment (subsection (c), or
(3) by the voters of the city (subsection (d)).
The motion from our September 24th meeting provides that the amendment be submitted to the
voters of the city, which can be done under subsection (d) without difficulty. There is no provision
under State law, however, to submit a proposal directly to the voters, so Subsection (d) under the City
Charter would be the most likely procedure that this proposed Amendment would be voted upon by
the voters.
Attachments:
Memo - REVISED 10.08.2019
Memo
Proposed Ordinance
Section 8.01 City Charter
City of Brookings Printed on 10/8/2019Page 1 of 1
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City Council Agenda Memo - Revised
From: Steve Britzman, City Attorney
Council Meeting: October 8, 2019
Subject: Proposal to Amend Section 2.08 of City of Brookings Charter
to provide for appointment of the Clerk by the City Manager
Person(s) Responsible: Steve Britzman, City Attorney
Note: It has been determined that an ordinance proposing to change the City
Charter must be submitted to a vote pursuant to Section 8.02 of the City Charter.
This corrects the procedure and conclusion set forth on the previous Agenda
Memo. Section 8.02 is set forth below, with the voting procedure clearly set forth.
Summary:
It has been proposed that Section 2.08 of City of Brookings Charter be amended to
provide for appointment of the Clerk by the City Manager rather than by the City Council
and that this amendment be submitted to the voters. Under Section 8.01 of the Charter
(set forth below) there are several alternative procedures for amendment of the Charter.
Subsection 8.01 (b) provides for amendment by ordinance of the City Council, which is
then submitted to a public vote per Section 8.02 of the Charter, or
(2) by report of the charter commission proposing the amendment (subsection
(c), or
(3) by the voters of the city (subsection (d)).
The motion from our September 24th meeting provides that the amendment be
submitted to the voters of the city, which would be in accord with the procedure set forth
in Section 8.02 of the City Charter. Section 8.02 of the charter provides that a proposed
change by ordinance shall be submitted to the voters and this conclusion corrects the
previous conclusion and issue I raised.
Background:
The City Charter currently provides the following procedure for appointment of the
Clerk:
Section 2.08. The City Council shall appoint an officer of the City who
shall have the title of Clerk. The Clerk shall give notice of Council
meetings to its members and the public, keep the journal of its
proceedings and perform such other duties as are assigned by this
Charter or by the Council or by State law.
An ordinance proposing the change as discussed above is set forth below.
Legal Consideration:
The City Charter does provide that the proposal can be changed by the City
Council by an ordinance, and this ordinance change would then be submitted to
the public for a vote pursuant to Section 8.02 of the Charter.
Financial Consideration:
The cost of a municipal election would be the only financial consideration.
Options:
The City Council has the following options:
1. Adopt an ordinance setting forth the proposed change, which would be subject to
a public vote per Section 8.02 of the Charter; or
2. The City Council could also modify the City Clerk appointment procedure in any
other manner, such as providing for a recommendation of a Clerk by the City
Manager with approval by a majority of the City Council Members, and this
change could be made in the form of an ordinance, which would then be
submitted to a vote of the voters.
Recommendation:
If an ordinance is adopted, the City Clerk and City Attorney will follow the procedure set
forth in Section 8.02 of the Charter to properly submit the proposed ordinance to a
public vote.
Action Requested:
Adoption of a proposed ordinance would be required for the City Council to initiate a
proposed change to the Charter, with a public vote on the proposed change to occur not
more than 120 days after adoption of the ordinance.
Supporting Documentation:
Section 8.01 of the City Charter
Proposal of Amendment. Amendments to this Charter may be framed and
proposed:
a. In the manner provided by law, or
b. By ordinance of the City Council containing the full text of the
proposed amendment (except Sections 1.04, 1.05, 2.01, 2.02, 2.03
and 2.04 cannot be so amended) and effective upon adoption, or
c. By report of a charter commission created by ordinance, or
d. By the voters of the city, when any 15 qualified voters initiate
proceedings to amend the Charter by filing with the City Clerk an
affidavit stating they will constitute the petitioners’ committee and
be responsible for circulating the petition and filing it in proper form,
stating their names and addresses and specifying the address to
which all notices to the committee are to be sent, and setting out in
full the proposed charter amendment. Promptly after the affidavit of
the petitioners’ committee is filed, the Clerk shall issue the
appropriate petition blanks to the petitioners’ committee. The
petitions shall contain or have attached thereto throughout their
circulation the full text of the proposed charter amendment and
must be signed by registered voters of the City in the number of at
least ten percent of those individuals actually voting in the City in
the preceding gubernatorial election.
Section 8.02 of the City Charter
Election. Upon delivery to other City election authorities of the report
of a charter commission pursuant to Section 8.01(c) or delivery by the
City Clerk of an adopted ordinance proposing an amendment
pursuant to Section 8.01(b) or a petition finally determined sufficient
to propose an amendment pursuant to Section 8.01(d), the election
authorities shall submit the proposed amendment to the voters of the
City in an election. Such election shall be announced by a notice
containing the complete text of the proposed amendment and
published in one or more newspapers of general circulation in the City
at least 30 days prior to the date of the election. If the amendment is
proposed by petition, the amendment may be withdrawn at any time
prior to the 13th day preceding the day scheduled for the election by
filing with the City Clerk a request for withdrawal signed by at least
two-thirds of the members of the petitioners’ committee. The election
shall be held not less than 60 and not more than 120 days after the
adoption of the ordinance or report or the final determination of
sufficiency of the petition proposing the amendment. If no regular
election is to be held within that period, the City Council shall provide
for a special election on the proposed amendment; otherwise, the
holding of a special election shall be as specified in the state election
law.
Section 8.03 of the City Charter
Adoption of Amendment. If a majority of the registered voters of the
City voting upon a proposed charter amendment vote in favor of it, the
amendment shall become effective at the time fixed in the
amendment, or if no time is therein fixed, 30 days after the initial
canvas certifying its adoption by the voters.
Section 2.08 of the City Charter
Clerk. The City Council shall appoint an officer of the City who shall
have the title of Clerk. The Clerk shall give notice of Council meetings
to its members and the public, keep the journal of its proceedings and
perform such other duties as are assigned by this Charter or by the
Council or by State law.
Proposed ordinance change:
Ordinance 19-XXX
An Ordinance Amending Section 2.08 of the Charter of the City of Brookings,
South Dakota and pertaining to Appointment and Duties of Clerk
in the City of Brookings, SD.
Be It Ordained by the City of Brookings, that Section 2.08 of the Charter of the City of
Brookings be amended to read as follows:
I.
SECTION 2.08. Clerk
The City Manager Council shall appoint an officer of the City who shall have the title of
Clerk. The Clerk shall give notice of Council meetings to its members and the public,
keep the journal of its proceedings and perform such other duties as are assigned by
this Charter or by the Council or by State law.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:
Second Reading:
Published:
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
City Council Agenda Memo
From:Steve Britzman, City Attorney
Council Meeting:October 8, 2019
Subject:Proposal to Amend Section 2.08 of City of Brookings Charter
to provide for appointment of the Clerk by the City Manager
Person(s) Responsible: Steve Britzman, City Attorney
Summary:
It has been proposed that Section 2.08 of City of Brookings Charter be amended to
provide for appointment of the Clerk by the City Manager rather than by the City Council
and that this amendment be submitted to the voters. Under Section 8.01 of the Charter
(set forth below) there are several alternative procedures for amendment of the Charter.
Subsection 8.01 (b) provides for amendment by ordinance of the City Council, which is
effective upon adoption by the Council, or
(2) by report of the charter commission proposing the amendment (subsection
(c), or
(3) by the voters of the city (subsection (d)).
The motion from our September 24th meeting provides that the amendment be
submitted to the voters of the city, which can be done under subsection (d) without
difficulty. There is no provision under State law, however, to submit a proposal directly
to the voters, so Subsection (d) under the City Charter would be the most likely
procedure that this proposed Amendment would be voted upon by the voters.
Background:
The City Charter currently provides the following procedure for appointment of the
Clerk:
Section 2.08. The City Council shall appoint an officer of the City who
shall have the title of Clerk. The Clerk shall give notice of Council
meetings to its members and the public, keep the journal of its
proceedings and perform such other duties as are assigned by this
Charter or by the Council or by State law.
An ordinance proposing the change as discussed above is set forth below, however, the
procedure for submitting this change to the voters would take a different path, and the
adoption of an ordinance proposing this change would not be necessary. Rather, any
15 voters could initiate the change with a Petition. City staff would assist with the
Petition procedure as necessary, so the proposed amendment procedure is properly
followed. The procedure followed would ultimately require the petition signatures of
10% of the voters actually voting in the preceding gubernatorial election.
Legal Consideration:
The primary legal issue with respect to the proposed action is the determination
of how and when a Charter amendment can be submitted to the voters. Outside
of the Charter, and based on research and a discussion among city attorneys
from Spearfish, Mitchell, Rapid City and Brookings on this same “voting” issue in
2017, we all agreed that there is no statutory authority to submit an issue directly
to the voters by a City Council. The Charter, however, provides a procedure for
voter approval under Subsection 8.01 (d).
The City Charter does provide that the proposal can be changed by the City
Council by an ordinance, and this ordinance change would be subject to
referendum and vote.
Financial Consideration:
The cost of a municipal election would be the only financial consideration.
Options:
The City Council has the following options:
1. Select the procedure for a Charter amendment as provided in Section 8.01;
2. Discuss the procedure set forth in 8.01 (d) which provides for 15 voters to initiate
a change, and provide the staff assistance to any informal committee desiring to
pursue this alternative. Petitions signed by 10% of the City voters (based on
actual voting in the preceding gubernatorial election) would be required. Once
sufficient petitions are received and verified, an election could be set; or
3. Adopt an ordinance setting forth the proposed change, and upon publication, the
ordinance would be subject to a referendum, which if correctly referred, would
result in a public vote.
4. The City Council could modify the City Clerk appointment procedure in any other
manner, such as providing for a recommendation of a Clerk by the City Manager
with approval by a majority of the City Council Members.
Recommendation:
Any alternative can be pursued, however, based on research and dialogue with other
city attorneys in recent years, there is no statutory procedure to submit an issue directly
to the voters. Accordingly, approval of the ordinance change would be the most
efficient step toward voting approval provided the ordinance is referred. Given the
public discussion on the topic, it is likely that 15 voters could initiate the change, obtain
the required signatures, and get the matter submitted for a vote of the voters.
Action Requested:
Adoption of an ordinance would be the only immediate action the Council can take.
Section 8.01 provides for charter amendments “in the manner provided by law”, but that
would not be a relevant alternative, as that procedure would apply to changes in the
form of government, which would not likely be an expedient approach to address this
narrower issue. Therefore, to obtain a public vote, the public should be informed of the
Petition process, and the City can assist with the procedure, and the Petitioners would
need to circulate and file Petitions for the change. A vote would then be scheduled by
the City Council.
Ordinance 19-XXX
An Ordinance Amending Section 2.08 of the Charter of the City of Brookings,
South Dakota and pertaining to Appointment and Duties of Clerk
in the City of Brookings, SD.
Be It Ordained by the City of Brookings, that Section 2.08 of the Charter of the City of
Brookings be amended to read as follows:
I.
SECTION 2.08. Clerk
The City Manager Council shall appoint an officer of the City who shall have the title of
Clerk. The Clerk shall give notice of Council meetings to its members and the public,
keep the journal of its proceedings and perform such other duties as are assigned by
this Charter or by the Council or by State law.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:
Second Reading:
Published:
CITY OF BROOKINGS, SD
Keith Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
Section 8.01 of the City Charter
Proposal of Amendment. Amendments to this Charter may be framed and
proposed:
a. In the manner provided by law, or
b. By ordinance of the City Council containing the full text of the proposed
amendment (except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot
be so amended) and effective upon adoption, or
c. By report of a charter commission created by ordinance, or
d. By the voters of the city, when any 15 qualified voters initiate proceedings
to amend the Charter by filing with the City Clerk an affidavit stating they
will constitute the petitioners’ committee and be responsible for circulating
the petition and filing it in proper form, stating their names and addresses
and specifying the address to which all notices to the committee are to be
sent, and setting out in full the proposed charter amendment. Promptly
after the affidavit of the petitioners’ committee is filed, the Clerk shall issue
the appropriate petition blanks to the petitioners’ committee. The petitions
shall contain or have attached thereto throughout their circulation the full
text of the proposed charter amendment and must be signed by registered
voters of the City in the number of at least ten percent of those individuals
actually voting in the City in the preceding gubernatorial election.
Section 2.08 of the City Charter
Clerk. The City Council shall appoint an officer of the City who shall have the
title of Clerk. The Clerk shall give notice of Council meetings to its members and
the public, keep the journal of its proceedings and perform such other duties as
are assigned by this Charter or by the Council or by State law.
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 2019-0435,Version:1
Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or
reviewing communications from legal counsel about proposed or pending litigation or contractual
matters.
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; or
6) Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).
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 the public
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 prevents 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; SL 2019,
ch 2, § 1
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