HomeMy WebLinkAbout2019_11_12 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers5:00 PMTuesday, November 12, 2019
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
5:00 PM STUDY SESSION
1.ID 2019-0472 Presentation of the City of Brookings Snow and Ice Removal Operations
Plan.
PlanAttachments:
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 2019-0458 Action to approve the October 22, 2019 City Council minutes.
Page 1 City of Brookings
November 12, 2019City Council Meeting Agenda
10/22/2019 MinutesAttachments:
3.C.ID 2019-0470 Action on annual Liquor and Wine Alcohol License Renewals for 2020.
3.D.RES 19-086 Action to approve Resolution 19-086, a Resolution authorizing Change
Order No. 1, Final, for 2019-11STI Airport Sanitary Sewer Project; Meyer
Services Inc.
Resolution
Map
Attachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
5.C.ID 2019-0469 3rd Quarter CFO’s Report.
CFO Report
Sales Tax Receipts
Attachments:
5.D.ID 2019-0442 Sustainability Council Report on Plastic Bag Reduction / Elimination.
Memo
Report
List of Cities with Plastic Bag Bans
Attachments:
6. Contracts/Change Orders:
6.A.RES 19-087 Action on Resolution 19-087, a Resolution Awarding Bids on Edgebrook
Golf Cart Lease.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7. Ordinance First Readings: None
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.
Page 2 City of Brookings
November 12, 2019City Council Meeting Agenda
8. Public Hearings and Second Readings: None
9. Other Business:
9.A.ID 2019-0468 Action on a Legal Services Agreement between the City of Brookings and
Steven J. Britzman, Attorney at Law for a one year contract (01/01/2020 -
12/31/2020).
Memo
2020 Contract - Marked
2020 Contract - Clean
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Executive Session
ID 2019-0478 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 Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
12. Adjourn.
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 3 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2019-0472,Version:1
Presentation of the City of Brookings Snow and Ice Removal Operations Plan.
Summary:
Matt Bartley, Street Superintendent / Project Manager, will present the Snow and Ice Removal
Operations Plan to the City Council and public.
This presentation will share the decision making process, staff involvement, and the resources
required for snow and ice removal operations on streets and alleys in the City of Brookings. The
intent of the work session is to educate the public and Council of the City’s process and opportunities
for notification when the plan is enacted.
Attachments:
Snow and Ice Removal Operations Plan
City of Brookings Printed on 11/8/2019Page 1 of 1
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CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN, VERSION 2019
A.INTRODUCTION
B.GENERAL POLICYSTATEMENTS
C.STORMCLASSIFICATIONS
D.IMPLEMENTATIONPROCEDURES
1.WEATHER/STORMDECISIONS
2.PERSONNELNOTIFICATION/RECALL
3.DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT
E.SNOW ROUTES, AREAS, PRIORITIES ANDRESPONSIBILITIES
1 CITY OFBROOKINGS
2 CONTRACTORS
F.SNOW/ICE REMOVAL POLICIES ANDPROCEDURES
1.EMERGENCY SNOW ROUTETICKET/TOWING PROCEDURES
2.DE-ICER AND ABRASIVE APPLICATION
3.MEDIAINTERFACE
4.ACCIDENTS
G.STAFF AND EQUIPMENTASSIGNMENTS
H.PRE-WINTER SEASONPREPARATION
1.SAFETYTRAINING
2.OPERATORTRAINING/CERTIFICATION
3.EQUIPMENT PRE-INSPECTION ANDCALIBRATION
I.POST OPERATIONSPROCEDURES
A.INTRODUCTION:
1.The purpose of the Snow and Ice Removal Operation Plan is to provide all
personnel who are involved in snow and ice removal, and the public a
single source of information which clearly defines the City of Brookings’s
policies and procedures in all snow and ice operations.
2.Snow and Ice operations will be accomplished as expeditiously as
possible in conjunction with the priorities outlined in thisplan due to
public safety and economic impact
3.The Snow and Ice season in Eastern South Dakota can begin as early as
October and terminate as late as late-April. The rate of accumulation of
snowfall or icing is affected by atmosphere temperature, pavement
temperature, moisture content, wind direction and velocity, and
intervals between storms. Each storm is unique, and conditions may
vary across the city. Therefore, while this plan tries to cover the major
operations during a Snow and Ice storm, it must be recognized that
there must be sufficient flexibility within the plan to provide differences
and or contingencies in order to respond effectively to actualconditions.
B.GENERAL POLICYSTATEMENTS:
1.The policy of the City of Brookings is to clear Emergency Snow Routes
and Public Safety Facilities of snow and ice as expeditiously as
practicable within the City’s area of responsibility during and following
every storm through the use of equipment and applicable materials
2.Snow and Ice control operations on all roads will be prioritized based on
immediate need for the public safety. Emergency snow routes will be
given the first priority for plowing and de-icing during and after a storm.
The intent is for all Emergency Snow Routes to be kept open when
possible. Emergency routes are shown in RED on the Snow Removal
Map.
a.No parking shall be permitted upon any portion of an Emergency
Snow Route where two (2) or more inches of snow have fallen in
any 24-hour period until such Emergency Snow Route has been
cleaned of snow from curb to curb. Any vehicles parked upon an
Emergency Snow Route shall be subject to ticketing and towing.
3.Snow removal and de-icing operations at the end of the storm, or
during times deemed necessary will be shifted to non-emergency
main artilleries and collector roads within city limits. These are
shown in GREEN and BLUE on the Snow Removal Map
4.At the end of the precipitation event, snow removal and de-icing
operations will be shifted to all remaining residential streets, cul-de-
sacs and alley ways within city limits.
5.The downtown core area will be cleared during or after emergency route
removal operations are complete or as manpower and equipment resources
become available. This is typically done between the early morning hours
of 1:00am – 7:00am. It is important for sidewalk snow and ice removal
operations be completed prior to street snow and ice removal operations.
(see Sec. 74-2) This ensures that the work has to be done only one time
per storm.
6.All other sidewalks are to be maintained by the adjacent property owners
per City Code.
a.Sec. 74-211. Duty of owner or occupant. It shall be the duty of
the owner or occupant or person in possession or in charge of any
lot, parcel or plat of ground fronting or abutting any sidewalk, to
keep such sidewalk free and clear from snow and ice at all times.
When it is impossible to clear snow and ice from a sidewalk
because it is frozen to the sidewalk, the owner, occupant, or person
in possession or in charge of such lot shall sprinkle or spread some
suitable material upon the same to prevent the walk from
becoming slippery and dangerous to travel upon.
b.Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow
removal in central business district. It is unlawful for any person
to shovel or deposit snow, leaves, material or other substances of
any king and description from private property onto any public
street, alley or public right of way. Such conduct or action is
declared to be a nuisance. This section however, does not prohibit
the placement of snow from a sidewalk in the central business
district in the curb area of the street where no boulevard or other
property exists to place snow from the sidewalk.
7.Snow removal and de-icing operations will not be undertaken in alleys
unless there are snow accumulations in excess of 4” or ice
accumulations in excess of ½” as verified by Street Department staff.
8.A Winter Storm Alert can only be declared by the Street Superintendent,
Acting Street Superintendent, or in their absence, the Chief of Police or
the City Manager. Notice of a Winter Storm Alert will be given by
posting on the City Cable Television Channel, and by issuanceof a
notification to the public via print, website, social media and other digital
materials. In the event of a declaration of a Storm Alert, the Police will
ticket or tow vehicles located on all Emergency Snow Routes as necessary
to expedite the Snow and Ice removal operations.
9.City personnel will not clear plowed-in driveways. Clearing driveways is
the citizens’ responsibility. The plowing operation produces a continuous
windrow of snow, and by its nature is expected to block some citizens’
cleared driveways when there is significant snow accumulated in the
street.
10.The Street Superintendent may provide the media with Snow/Ice
removal updates during and after storm operations to keep the public
informed of the conditions of the roads. The City Snow Hotline,
telephone number 696-7669, and may be called for updates on City
Snow removal operations.
C.STORMCLASSIFICATIONS:
1.Each Snow or Ice storm will be unique and vary in intensity, duration and
total precipitation. This section will apply a basic classification system to
assist in establishment of priorities of equipment, material manpower, and
a management system for implementation in all Snow and Ice removal
operations. The storm classification system will utilize an estimated total
expected snowfall for snow and total ice glazing for icestorms. This
information will come from multiple weather sources including; NOAA,
Keloland and the National Weather Service.
2.Classes of Storms:
Class 1: 0” – 2”
a.Class 1 storm is defined as a storm with accumulations of two
inches or less, which in most cases will only require light plowing
and treating of pavement with applicable materials. All controls
and reporting of when the decision is made to proceed with snow
and ice removal operations will be managed by the Street
Superintendent. During a Class 1 storm City crews will handle
snow removal or deicing operations. Contractors will not be
activated.
Class 2 Storm: 2”- 6” Emergency Route Snow Advisory
b.Class 2 is defined as a storm of moderate to heavy snowfall with
estimated range of two - six inches. A Class 2 storm will cause an
issuance of an emergency route snow advisory. During a Class 2
storm event there is no parking on Emergency snow routes. Those
routes will be given the first priority for plowing and de-icing. The
intent is for all Emergency Snow Routes to be kept open when
possible. A Snow Alert is possible if the actual conditions warrant.
All controls and reporting of when and what equipment will be
implemented for snow and ice removal operations will be
managed by the Street Superintendent. During a Class 2 Storm,
the Street Superintendent may use City crews within all
departments or decide to activate contractors to plow their
designated areas.
Class 3 Storm: 6”+ , Snow Alert
c.Class 3 storm is defined as a storm of extremely heavy snow of six
inches or more occurring in a period of 24 hours or less. This type
of storm will cause life threatening conditions to occur. When
weather forecasts indicate that a Class 3 storm is imminent all
appropriate city equipment will be mobilized immediately. The
Street Superintendent, Acting Street Superintendent, or in their
absence, the Chief of Police or the City Manager, will declare a
Snow Alert. At that time a Parking ban on all City streets will be
implemented and enforced. The declaring official shall make the
appropriate media notifications of the Snow Alert. Parking ban on
all City streets will be enforced. A class 3 storm will activate all
contactors to plow their designated areas.
d.Ice Storms. All Ice Storms will be rated as a Class 1 type storm.
Ice Storms will cause an immediate threat to the public safety. If
an Ice Storm is forecast as imminent or otherwise develops, the
City will follow Class 1 procedures.
D.IMPLEMENTATIONPROCEDURES:
1.Weather/Storm Decisions:
a.During normal duty and non-duty hours the key personnel (Street
Superintendent or their designees) involved in Snow and Ice
control will monitor forecast storms utilizing the National Weather
Service, and local news outlets for updated weather information. If
a Class 1 storm is predicted, the Street Superintendent will monitor
conditions to verify equipment needs. During a Class 2 storm
event, an Emergency Route Snow Advisory will be issued, but a
Snow Alert may or may not be activated. City crews will monitor
conditions to determine the need for a Snow Alert. For Class 3
storms a Snow Alert will be issued by the Street Superintendent.
b.In the event of a surprise storm outside normal work hours, the
police dispatcher will, based on police observations, call the Street
Superintendent, alerting them of the storm conditions. The Street
Superintendent will make the decision to dispatch the appropriate
personnel and equipment for the conditions.
2.Personnel Notification/Recall:
a.It is imperative that the Street Department and other city
departments maintain a current and validated recall roster during
the snow and ice season. Quick response is the key to successful
implementation of this plan. The Street Superintendent will prepare
an active recall roster.
3.Declaration of a Winter Emergency Route Snow Advisory / Snow Alert:
a.Only the Street Superintendent or Acting Street Superintendent
can declare a Snow Advisory or Alert. In their absence, this
decision is delegated to the Chief of Police and/or the City
Manager.
b.Emergency Route Snow Advisory will be issued for a snow event
that requires Emergency Routes be cleared. This is done to ensure
that emergency services can access all quadrants of town. During
a Emergency Route Snow Advisory, Emergency Snow Routes
will cleaned of snow from curb to curb. Any vehicles parked
upon an Emergency Snow Route shall be subject to ticketing and
towing
1)When an Emergency Route Snow Advisory has been declared,
the declaring official will contact the media by posting or
announcing that a Snow Advisory has been declared and all
vehicles not removed from Emergency Routes will be subject to
ticketing and towing.
c.Snow Alerts will be issued for snow events that will require all
available equipment and manpower to clear all City streets, alleys
and cul-de-sacs. Emergency Routes will maintain a priority
during Snow Alerts and may be cleared multiple times during the
same event. The issuance of a Snow Alert will automatically
implement a Parking Ban. This is done to ensure crews and their
equipment can operate in a safe and efficient manner.
1)When a Snow Alert has been declared, the declaring official
will contact the media by announcing that a Snow Alert has
been declared and all vehicles not removed from all city
streets will be subject to ticketing and towing.
d.The declaring official will notify the City of Brookings key
personnel. This includes the City Manager, Police Chief,
Police Dispatch and the Fire Department.
e.Ticketing and towing operations will be conducted by the City of
Brookings Police Department. Section F.1 of this plan covers
specifics for these procedures.
E.SNOW ROUTES, AREAS, PRIORITIES ANDRESPONSIBILITIES:
1.City of Brookings
a.The priorities for Snow and Ice removal will be as follows: (note
Priorities may be adjusted due to specific storm conditions):
1)Emergency snow routes designated in RED on the Emergency
Snow Route Map
2)Major arterial and collector routes designated GREEN and
BLUE on the Snow Removal Map
3)Other through streets.
4)Cul-de-sacs and other streets with no outlet.
5)Alleys when snow accumulation greater than 4”, or ice
accumulation greater than ½” as confirmed by Street
Superintendent.
A) Annex 1 is the emergency snow route map.
B) Annex 2 is the City/Contractor snow maps
2.Contractors
a.The City uses contractors to help assist in the snow removal
process. Contractors are given a designated are of town, and they
focus in that area only. This is done for consistency and
effectiveness towards time. The Street Superintendent will provide
them with maps of their area, and will also follow on contractor
work quality and progress during snow removal operations.
F.SNOW/ICE REMOVAL POLICIES ANDPROCEDURES:
1.Emergency Snow Routes - Ticket/Towing Procedures.
a.Whenever snow has accumulated or there is a possibility that
snow will accumulate to such a depth of 2” or more, snow
removal operations will be required on Emergency Snow Routes,
the Street Superintendent, Acting Superintendent, or in their
absences, the Chief of Police, or City Manager, may declare a
Snow Advisory, and until such traffic emergency is terminated, it
shall be unlawful:
1)To park a vehicle on any street designated as an
Emergency SnowRoute.
2)To operate a motor vehicle on any Emergency Snow Route in
such manner or condition that such motor vehicle stalls and is
unable to proceed.
3)Improperly parked or stalled vehicles as noted in 1) and
2) shall be ticketed and towed at the owner’sexpense.
4)The following Streets are Established Emergency Snow
Routes: (as shown in Appendix 1)
1st Avenue … from 6th Street to Front Street
Front Street … from 1st Avenue to 3rd Avenue
3rd Street … from 3rd Avenue to 22nd Avenue,
excluding North side parking from 3rd Avenue to
5th Avenue
Medary Avenue … from Highway 14 Bypass to
20th Street South, excluding West side parking
from 8th Street to 9th Street
2.Snow Alert Parking Ban - Ticket/Towing Procedures.
a.Whenever snow has accumulated or there is a possibility that
snow will accumulate to 4+” and that snow removal operations
will be required for the entire town, the Street Superintendent,
Acting Superintendent, or in their absences, the Chief of Police, or
City Manager, may declare a Snow Alert Parking Ban, and until
such traffic emergency is terminated, it shall be unlawful:
1)To park a vehicle on any street, cul-de-sac or alley.
2)To operate a motor vehicle on any street within the city limits
in such manner or condition that such motor vehicle stalls and
is unable to proceed.
3)Improperly parked or stalled vehicles as noted in 1) and
2) shall be ticketed and towed at the owner’sexpense.
b.A minimum of a 4-hour notice must be provided to the public by
the initiating official. This allows for citizens to move vehicles,
trailers and equipment out of the roadways.
c.Parking Ban Information
City of Brookings webpage
Notify Me text and email notification alert system
Social Media
“Snow Line”: (605) 696-7669
Television: KDLT, KELO, KSFY, or Cable Channel 9
FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1
AM Radio: 910 or 1430
Other means deemed necessary due to changes of the
above outlets.
NOTE: When parked vehicles or other obstructions left in the street
make the plowing or abrasive application unsafe, risky, or unproductive
to the detriment of operations on other streets, the area in question will
be skipped until such time as removal activities may be done safely and
efficiently.
3.Media Interface:
a.It is imperative that the general public be informed on a regular
basis during Class 2 and 3 storms of the city’s efforts both
successful and not so successful in all aspects of Snow and Ice
removal operations.
b.All media releases will be by the Street Superintendent, Acting
Street Superintendent, Public Information Officer or other
designated official.
4.Accidents:
a.All accidents involving city vehicles occurring during Snow and
Ice removal operations will be reported immediately by cell phone
from snow equipment to the Street Superintendent.
1)Accidents are to be reported as follows.
a)Vehicular Damage - An accident report will be filled out at
the scene of the accident in addition to the radio report.
Standard accident procedures and forms will be utilized.
Additionally, a law enforcement officer will investigate the
accident at the scene prior to resumption of Snow and Ice
removal operations by the city vehicle involved.
b)Private Property Damage - (Mail Boxes, sprinkler systems,
and other private improvements) - Your mailbox and the
access to it for the U.S. Postal Service is the responsibility
of the resident. Again, because the crews have no place to
put the snow, curbside mailboxes may become blocked and
in those cases it is the responsibility of the resident to move
that snow beyond the street so that the postal service may
access the mailbox. Heavy snow pushed or thrown by the
plow may damage mailboxes. This is not intentional, but
does occasionally happen. The City is not responsible for
damage to mailboxes or other private improvements placed
within the road rights-of-way of its roads that occurs as a
result of snow and ice removal operations.
c)Claim filing procedure- Any claims for insurance purposes
will be completed at the Street Department office at 125 7th
Ave. or, the City Human Resource Department at 520 3
rd
St Suite 230. After completion the claimant paperwork
will then be processed for approval.
G.STAFF AND EQUIPMENTASSIGNMENTS:
1.At the beginning of a Class 2 or 3 Storm the Street Department
will immediately commence operation.
2.The Street Department will be the primary staff and equipment resource
for all snow and ice removal operations. However, during sustained snow
and ice removal operations other departments may be asked by the Street
Superintendent to provide both staff and equipment resources to support
the in snow and ice removal operations.
3.Due to personnel and extent of winter weather events, it may not be
feasible to work shifts during extended storm events. For safe
operations, every effort will be made to have as many streets in
serviceable condition as possible in accordance with the storm route
priorities in as short a time as feasible. If operations are not complete
prior to personnel working for 15 continuous hours beginning when they
reported to work, whether for their regular shift or specifically for
emergency call out, operations will cease and personnel will be sent
home to rest and sleep. Employees will report back to work no sooner
than six (6) hours from the time operations ceased.
H.PRE-WINTER SEASONPREPARATION:
1.Safety Training: Commencing in October and continuing through the fall
and winter seasons, the Street Superintendent will schedule recurring
training that will focus on snow and ice controlissues.
a.City operations personnel will hold meetings to discuss
known strengths and weaknesses in preparation for the snow
and ice season. These meetings will be conducted by the
Street Superintendent.
b.Practice runs of the routes will be driven by all operators prior to
mid-November to ensure all are familiar with the Emergency
Snow Routes and their designated areas.
2.Operator Training/Certification: New operators will be assigned to an
experienced operator to receive training on all phases of snow and ice
control. New operators will receive this training in pre-season and during
the actual snow and ice control season. The trainer of the new operator
will at the time of the new operator proficiency, certify to the Street
Superintendent of city operations that the new operator is cleared for
individual (solo) operation. Operators will not be assigned to equipment
that they are not qualified to operate under anycircumstance.
3.Equipment Pre-Inspection and Calibration: Commencing in October, the
Street Division will prepare and ensure all snow and ice removal
equipment is prepared and operational for mounting to its assigned piece
of equipment.
a.All salt/sand spreaders will be calibrated and certified by theStreet
Superintendent, or his designee, to ensure maximum efficiency.
b.Salt and sand spreaders will be mounted on the assigned truck after
the end of the annual construction season or at such time as
directed by the Street Superintendent.
I.POST OPERATIONSPROCEDURES:
1.During storms, and after each shift, the operator will perform the required
maintenance and services on his assigned equipment. These services
include the following:
FILL FUEL TANKS
CHECK LIGHTS
CHECK ALL FLUIDS
INSPECT FOR FLUID LEAKS
FILL WINDSHIELD WASHER FLUID
CHECK TIRE PRESSURE
CHECK TENSION ON CHAINS (TIRE AND SPREADER)
FILL SALT/SAND HOPPER WITH MATERIAL
CHECK CUTTING EDGES ON EQUIPMENT
2.After storms, all equipment will receive a thorough inspection by the
operators. Vehicles will be washed. All known deficiencies will be
reported to the Street Superintendent for immediate correction. Repairs
of snow and ice removal equipment will be first priority during winter
storm season.
APENDIX 1 – Emergency snow removal route map
APENDIX 2 – City/Contractor snow removal maps
NORTH EAST
NORTH WEST
SOUTH EAST
SOUTH WEST
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 2019-0458,Version:1
Action to approve the October 22, 2019 City Council minutes.
Attachments:
11/22/2019 Minutes
City of Brookings Printed on 11/8/2019Page 1 of 1
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Brookings City Council
October 22, 2019 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 22, 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 (via phone). Absent: Council Member Tilton Byrne and City
Manager Paul Briseno. City Attorney Steve Britzman, and 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 October 8, 2019 City Council Minutes.
Open Forum. Mayor Corbett read a Proclamation declaring "Bring the Blue Week"
celebrating ESPN bringing their College GameDay Show to Brookings on October 26,
2019.
MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, the City of Brookings and South Dakota State University will host ESPN
College GameDay from 8:00 until 11:00 a.m. for the Dakota Marker football game to be
held on Saturday, October 26th, 2019; and
WHEREAS, the South Dakota State University and rival North Dakota State University
Dakota Marker kickoff is scheduled for 2:00 p.m. at the Dana J. Dykhouse Stadium; and
WHEREAS, this is the first time ESPN College GameDay is being held in South Dakota;
and
WHEREAS, it is the 150th Anniversary of College Football;
NOW, THEREFORE, BE IT RESOLVED, that I, Keith W. Corbett, Mayor of the City of
Brookings, do hereby proclaim October 21st through October 26th, 2019 as BRING THE
BLUE WEEK and call upon all of Brookings to wear blue to support and celebrate the
South Dakota State University students, staff, and faculty.
IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of
South Dakota, this 22nd day of October, 2019.
Keith W. Corbett, Mayor
Recognition of City Attorney Steve Britzman. The City Council recognized Steve
Britzman for his commitment and dedication to excellence in government as the City
Attorney for the City of Brookings. City Attorney Steve Britzman received the
Distinguished Service Award from the South Dakota Municipal Attorney’s Association at
the South Dakota Municipal League Conference held in Aberdeen on October 8-11,
2019. The award was presented in recognition of and appreciation for Steve’s
outstanding contributions and commitment to the South Dakota Municipal Attorney’s
Association.
National Disability Employment Awareness Month Proclamation. Mayor Corbett
presented a proclamation recognizing October 2019 as National Disability Employment
Awareness Month. Mark Sternhagen, Chair of the Brookings Committee for People
who have Disabilities, accepted the Proclamation.
Mayoral Proclamation
City of Brookings, South Dakota
WHEREAS, the National Disability Employment Awareness Month 2019 Theme is “The
Right Talent, Right Now;” and
WHEREAS, this is a time to celebrate the contributions and talents of Americans with
disabilities, which make our city’s workforce an economic strength; and
WHEREAS, workplaces welcoming of the talents of all people, including people with
disabilities, are a critical part of our efforts to build an inclusive community and strong
economy; and
WHEREAS, National Disability Employment Awareness Month will honor the thirtieth
anniversary of the passage of the Americans with Disabilities Act of 1990, a celebration
that will run through 2020; and
WHEREAS, today more than ever, there is a race for talent, and smart businesses are
navigating this by tapping into more talent pools, including people with disabilities, who
offer not just needed skills, but also creative ways of thinking about how to solve
problems and achieve business success; and
NOW, THEREFORE, BE IT RESOLVED, that I, KEITH W. CORBETT, Mayor of the City
of Brookings, South Dakota, hereby proclaim October 2019 as National Disability
Employment Awareness Month.
IN WITNESS WHEREOF, I have hereunto set forth my hand and caused to be affixed the
Great Seal of the City of Brookings, this 22nd day of October, 2019.
Keith W. Corbett, Mayor
Department Presentation: Street. Matt Bartley, Street Department Director,
presented an update to the City Council and the public on Street Department
operations.
Resolution 19-085. A public hearing was held on Resolution 19-085, a Resolution
Levying Assessment for Project 2018-01SWR, 2018 Sidewalk Repair Sites. A motion
was made by Council Member Wendell, seconded by Council Member Hansen, that
Resolution 19-085 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne.
Resolution 19-085 - A Resolution Levying Assessment for
Project 2018-01SWR 2018; Sidewalk Repair Sites
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project 2018-01SWR, 2018 Sidewalk Repair Sites.
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1.The City Council has made all investigation and authorized by Resolution 18-051,
which deem the work necessary and have found and determined that the amount
which each lot or tract will be benefited by the construction of the sidewalk
improvement heretofore designated as Concrete Maintenance Project
2018-01SWR is the amount stated in the proposed assessment roll.
2.The assessment for Sidewalk Assessment Project 2018-01SWR is hereby
approved and the assessment thereby specified are levied against each and
every lot, piece or parcel of land thereby described.
3.Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance
with the procedure for Plan One in Sections 9-43, South Dakota Compiled Laws
of 1967, as amended with interest of 10% on the unpaid balance.
4.Assessments amounting to less than $300.00 shall be paid in one payment.
City Council Member introduction of topics for future discussion. A motion was
made by Council Member Hansen, seconded by Council Member Wendell, to add the
development and/or approval of a Brookings Youth Council to the December 10
th City
Council Meeting either at a study session or the regular meeting. The motion carried by
the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell;
Absent: 1 - Tilton Byrne.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Wendell, that this meeting be adjourned at 6:31 p.m. The motion carried by a
unanimous vote.
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 2019-0470,Version:1
Action on annual Liquor and Wine Alcohol License Renewals for 2020.
Summary:
Enclosed for City Council review and action are the Annual Liquor and Wine License renewals for
2020. All required documentation has been submitted.
Liquor (Off-Sale):
1.Brookings Municipal Liquor Store, 780 22nd Ave. So.
Liquor (On-Sale):
1.Park Hospitality, Inc., 2500 6th St. (CL)
2.Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.
3.Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6 th St.
4.Craft Fusion / Jesse Davis, LLC, 610 Medary Ave.
5.Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.
6.Danny’s / David Olson Inc., 703 Main Ave. So.
7.Elks Club Lodge #1490, 516 4th St.
8.Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.
9.The Lodge / Den Wil Hospitality Group, Inc., 2515 6th St.
10.9 Bar Nightclub / Nine Inc., 303 Main Ave.
11.Old Market Eatery, LLC, 424 5th St.
12.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.
13.Pints & Quarts / KR Hospitality, Inc., 313 Main Ave.
14.Prairie Lanes Inc., 722 Western Ave.
15.The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave.
16.Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.
17.Skinner’s Pub, Inc., 300 Main Ave.
18.Sully’s Irish Pub / B&L Sullivan Inc., 421 Main Ave.
19.VFW GEO Dokken Post 2118, 520 Main Ave.
20.Wilbert’s/Comfort Suites University / Den Wil Hospitality Group, 25th Ave.
21.The Wild Hare / Wonder, Inc., 303 3rd St.
Restaurant (On-Sale):
1.Whiskey Creek Wood Fire Grill / Brookings Steak Co., LLC, 621 32nd Ave.
Wine (On-Off Sale):
1.Brookings Municipal Liquor Store, 780 22nd Ave. So.
2.Cenex Zip Trip #63 / CHS, Inc., 1005 6th St.
3.Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.
4.Children’s Museum of South Dakota, 521 4th St.
5.The Depot / ERL, LLC, 919 20th St. So.
6.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A
7.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B
8.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C
th
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File #:ID 2019-0470,Version:1
9.Guadalajara Mexican Restaurant, 1715 6th St., Suite F
10.Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.
11.McCrory Gardens Educational & Visitors Center, 6th St. & 22nd Ave.
12.New Sake / Sake, Inc., 724 22nd Ave. So.
13.Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.
14.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.
15.Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.
16.Swiftel Center, 824 32nd Ave.
17.Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6 th St.
18.Wilbert’s/Comfort Suites University / Den Wil Hospitality Group, 25th Ave.
19.Wooden Legs Brewing Co., 309 5th St., Suite 100
20.Yessica’s Restaurant, 1300 Main Ave. So.
Recommendation:
Staff recommends approval.
City of Brookings Printed on 11/8/2019Page 2 of 2
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-086,Version:1
Action to approve Resolution 19-086, a Resolution authorizing Change Order No. 1, Final, for 2019-
11STI Airport Sanitary Sewer Project; Meyer Services Inc.
Summary:
This resolution will approve Change Order No. 1, Final, for 2019-11STI Airport Sanitary Sewer
Project for a total decrease of $5,479.00 to the contract and extend the final completion date to
September 20, 2019 to close out the project.
Background:
The Brookings Regional Airport budgeted to install 10” sanitary sewer and manholes to serve the
business hangar area located west of the Airport Fire and Rescue building. A new aviation hangar
was constructed in 2018 in this area and the sanitary sewer will serve the new hangar and future
hangars as development continues to grow.
The project has been completed and is ready to be closed out. This change order will adjust plan
quantities to current as-constructed quantities for a total decrease of $5,479.00 to the contract to
close out the project. The contractor met the substantial completion date of June 15, 2019.
However, the final completion date was extended to September 20, 2019 for the conditions to be dry
enough to install seeding. The summary is as follows:
Original Contract Price:$114,034.00
Increase from Previously Approved Change Orders:$0.00
Contract Price Prior to this Change Order:$114,034.00
Decrease of this Change Order (No. 1 Final):$5,479.00
Contract Price incorporating this Change Order:$108,555.00
Fiscal Impact:
There will be a decrease of $5,479.00 to the contract for this project.
Recommendation:
Recommend approval of the change order.
Attachments:
Resolution
Map
City of Brookings Printed on 11/8/2019Page 1 of 1
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Resolution 19-086
Resolution Authorizing Change Order No. 1 (Final) for 2019-11STI
Airport Sanitary Sewer Project, Meyer Services, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2019-
11STI, Airport Taxilane Project:
Construction Change Order Number 1: Adjust plan quantities to as-constructed
quantities for a total decrease of $5,479.00 to the contract and adjust the final
completion date to September 20, 2019 to close out the project.
Passed and approved this 12th day of November, 2019.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
2019‐11STI Airport Sanitary Sewer Project
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 2019-0469,Version:1
3rd Quarter CFO’s Report.
Summary:
Chief Financial Officer, Erick Rangel, will present the 3rd Quarter Financial Report to the City Council
and members of the public.
Attachments:
3rd Quarter Financial Report
Sales Tax Receipts
City of Brookings Printed on 11/8/2019Page 1 of 1
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Brookings City Council Meeting
CFO’s Repot
November 12, 2019
.5 M
2.5 M
4.5 M
6.5 M
8.5 M
10.5 M
12.5 M
2018 A 2019 A 19-Budget
2018 A 2019 A 19-Budget
2
2019 Jan –Sep Tax Revenue & Other Income
A Actuals Δ Variance B Budget
Revenue Tax Collected vs LY vs Budget2019 Tax Revenue & Other Income
2.4%4.3%
Other Income –Other revenues for General and CIP Funds, excludes transfers (i.e. grants, fees, interest
income)
REVENUES (TH):FY2019 B Prorated
YTD 2019 B 2019 YTD A Δ $
F/(U)Δ%
Sales Tax:
1st Penny $6,818,600 $5,113,950 $5,373,175 $259,225 5.1%
2nd Penny $6,867,480 $5,150,610 $5,405,647 $255,037 5.0%
3rd Penny $969,000 $726,750 $793,195 $66,445 9.1%
BID (Pillow Tax)$400,000 $300,000 $205,868 ($94,132)(31.4%)
Total $15,055,080 $11,291,310 $11,777,885 $486,575 4.3%
Property Tax:$3,236,500 $2,427,375 $1,745,256 ($682,119)(28.1%)
Other Income $4,285,557 $3,214,168 $3,155,031 ($59,137)(1.8%)
Grand Total $22,577,137 $16,932,853 $16,678,172 ($254,681)(1.5%)
3
Jan -September 2019 Budget vs Actuals
General Fund
Capital Improvement Projects & Other
A Actuals Δ Variance B Budget
* All Other –Other Government , Special, Capital Projects and Enterprise Funds
managed by the City. Numbers exclude 3Q Swiftel Center results as they are finalizing
their Financial System migration
EXPENDITURES:FY2019 B Prorated
YTD 2019 B 2019YTD A Δ $
(F)/U % Used
Mayor & Council $127,528 $95,646 $63,045 ($32,601)49.4%
City Clerk $323,170 $242,378 $145,156 ($97,221)44.9%
City Manager $461,743 $346,307 $319,247 ($27,061)69.1%
City Attorney $118,919 $89,189 $77,833 ($11,357)65.5%
Human Resources $253,798 $190,348 $177,220 ($13,128)69.8%
Finance $498,647 $373,985 $394,889 $20,904 79.2%
IT $259,558 $194,668 $157,288 ($37,381)60.6%
Government Buildings $184,346 $138,260 $16,008 ($122,252)8.7%
Community Development $513,415 $385,062 $343,458 ($41,603)66.9%
Engineering $540,359 $405,269 $382,619 ($22,650)70.8%
County Reimbursement $406,226 $304,670 $209,079 ($95,591)51.5%
Police Department $3,827,315 $2,870,486 $2,585,632 ($284,854)67.6%
Fire Department $692,105 $519,079 $520,052 $973 75.1%
Hydrant Rental $95,795 $71,846 $64,477 ($7,370)67.3%
Street Department $2,672,041 $2,004,030 $2,070,492 $66,461 77.5%
Animal Control $146,388 $109,791 $99,555 ($10,236)68.0%
Dakota Nature Park $122,528 $91,896 $68,851 ($23,045)56.2%
Aquatic Center $477,798 $358,348 $335,765 ($22,584)70.3%
Recreation Department $356,110 $267,083 $210,381 ($56,702)59.1%
Parks Department $1,663,800 $1,247,850 $1,272,439 $24,589 76.5%
Ice Arena $670,489 $502,866 $250,586 ($252,280)37.4%
Forestry $650,381 $487,785 $386,299 ($101,487)59.4%
Library $1,269,683 $952,262 $909,004 ($43,259)71.6%
Subsidies/Appropriation $890,202 $667,652 $822,702 $155,050 92.4%
Total $17,222,344 $12,916,758 $11,882,076 ($1,034,682)69.0%
EXPENDITURES:FY2019 B Prorated
YTD 2019 B 2019YTD A Δ $
(F)/U % Used
CIP $13,071,912 $9,803,934 $4,952,589 ($4,851,345)37.9%
All Other*$27,399,434 $20,549,575 $13,104,543 ($7,445,032)47.8%
Grand Total $57,693,690 $43,270,267 $29,939,208 ($13,331,059)51.9%
4
City Council Priority Project List
* Note-Excludes Larson Ice Arena and Bob Sheldon upgrade projects as they are
financed with the $7.1M 2019A Series Bond
City Council Approved Projects*Cost
Indoor Rec 1,500,000$
Food Bank 300,000$
Sinking Fund - CC action taken 350,000$
Interchange - CC action taken 2,000,000$
Priority Funding Available Balance After Approved 1,768,586$
Unapproved Priority Projects Cost
Police Dept.5,500,000$
FD Training Tower 150,000$
Parks - Bike Trails (Grant Match)250,000$
Total Unapproved Priority Projects 5,900,000$
Desired Projects (NOT in priority order)Cost
Indoor Pool 8,500,000$
Swiftel Convention Ballroom Expansion 7,500,000$
Indoor Tennis 2,500,000$
Sanitary Sewer North bypass 2,000,000$
11 St Sewer (Innovation Campus)1,000,000$
Swiftel Dressing/Green/Locker 752,750$
Swiftel Kitchen/Storage/Receiving 709,259$
Parks - Parks Maintenance Addition 600,000$
Swiftel - East Parking Lot Paving 320,000$
Streets - 3rd Street Sweeper 265,000$
Streets - Tandem Axle Truck/Sander/etc.225,000$
Parks - Blue Rink Dehumidification (LIA)200,000$
Parks - Pickleball Court 120,000$
Parks - Floor Replacement (LIA)96,000$
PD Training Simulator 95,000$
Streets - Bucket Truck Retro Fit 85,000$
PD K9 Vehicle 65,000$
PD Charger 52,000$
Streets - Side Dump Trailer 50,000$
Swiftel - Outdoor Marquee (22nd Ave)41,500$
Parks - Bridge to East Pond (DNP)30,000$
Total Unapproved Desired Projects 25,206,509$
General Fund Reserves
2018 EOY Unassigned Balance 10,412,201$
2019 15% General Fund Reserve Balance 2,872,158$
2019 5% GF Budget Stabilization 957,386$
2019 Projected Budget Revenue Shortfall 664,071$
City Council Priority Funding Available Balance 5,918,586$
Sales Tax Receipts 2019YoY Vs Budget YoY Vs Budget2018201919-Budget$%$%2018201919-Budget$%$%Jan640,912 605,016 568,217 (35,896) (5.6%)36,799 6.5%Jan70,051 69,782 80,750 (269) (0.4%) (10,968) (13.6%)Feb647,234 727,717 568,217 80,483 12.4% 159,500 28.1%Feb87,188 86,497 80,750 (691) (0.8%)5,747 7.1%Mar533,230 607,776 568,217 74,546 14.0% 39,559 7.0%Mar94,241 71,232 80,750 (23,009) (24.4%) (9,518) (11.8%)Apr503,428 331,414 568,217 (172,015) (34.2%) (236,803) (41.7%)Apr74,644 73,198 80,750 (1,446) (1.9%) (7,552) (9.4%)May566,336 786,569 568,217 220,232 38.9% 218,352 38.4%May87,171 195,014 80,750 107,844 123.7% 114,264 141.5%June406,774 313,127 568,217 (93,647) (23.0%) (255,090) (44.9%)June51,169 42,349 80,750 (8,820) (17.2%) (38,401) (47.6%)July730,263 664,353 568,217 (65,910) (9.0%)96,136 16.9%July87,579 90,745 80,750 3,166 3.6% 9,995 12.4%Aug687,384 776,861 568,217 89,477 13.0% 208,644 36.7%Aug78,649 100,329 80,750 21,680 27.6% 19,579 24.2%Sep602,903 560,344 568,217 (42,559) (7.1%) (7,873) (1.4%)Sep88,035 64,050 80,750 (23,985) (27.2%) (16,700) (20.7%)Oct418,082 568,217 Oct48,403 80,750 Nov598,082 568,217 Nov71,883 80,750 Dec601,892 568,217 Dec79,039 80,750 Total6,936,519 5,373,175 6,818,600 54,712 1.0%259,225 5.1%Total918,052 793,195 969,000 74,468 10.4%66,445 9.1%MA*556,860 578,693 21,833 3.9%MA*77,746 82,902 5,156 6.6%YoY Vs BudgetYoY Vs Budget2018201919-Budget$%$%2018201919-Budget$%$%Jan637,536 605,016 572,290 (32,520) (5.1%)32,726 5.7%Jan16,930 16,668 33,333 (262) (1.5%) (16,665) (50.0%)Feb643,799 731,224 572,290 87,425 13.6% 158,934 27.8%Feb16,460 18,324 33,333 1,864 11.3%(15,009) (45.0%)Mar530,874 612,133 572,290 81,259 15.3% 39,843 7.0%Mar17,300 20,180 33,333 2,880 16.6%(13,153) (39.5%)Apr500,782 333,790 572,290 (166,993) (33.3%) (238,500) (41.7%)Apr19,372 20,890 33,333 1,518 7.8%(12,443) (37.3%)May563,479 792,207 572,290 228,728 40.6% 219,917 38.4%May19,746 19,878 33,333 132 0.7%(13,455) (40.4%)June404,639 315,372 572,290 (89,267) (22.1%) (256,918) (44.9%)June20,460 25,866 33,333 5,406 26.4%(7,467) (22.4%)July726,473 669,116 572,290 (57,357) (7.9%)96,826 16.9%July17,820 30,636 33,333 12,816 71.9%(2,697) (8.1%)Aug683,882 782,430 572,290 98,547 14.4% 210,140 36.7%Aug28,028 28,108 33,333 80 0.3%(5,225) (15.7%)Sep599,776 564,361 572,290 (35,415) (5.9%) (7,929) (1.4%)Sep18,930 25,318 33,333 6,388 33.7%(8,015) (24.0%)Oct415,930 572,290 Oct25,586 33,333 Nov594,994 572,290 Nov28,550 33,333 Dec598,667 572,290 Dec18,608 33,333 Total6,900,830 5,405,647 6,867,480 114,407 2.2% 255,037 5.0%Total247,790 205,868 400,000 30,822 17.6% (94,132) (31.4%)MA*553,980 579,342 25,362 4.6%MA*19,757 22,679 2,922 14.8%YoY Vs Budget2018201919-Budget$%$%Jan1,365,428 1,296,481 1,254,590 (68,947) (5.0%)41,891 3.3%Feb1,394,680 1,563,762 1,254,590 169,081 12.1% 309,172 24.6%Mar1,175,645 1,311,320 1,254,590 135,675 11.5% 56,730 4.5%Apr1,098,227 759,292 1,254,590 (338,936) (30.9%) (495,298) (39.5%)May1,236,732 1,793,668 1,254,590 556,936 45.0% 539,078 43.0%June883,042 696,713 1,254,590 (186,329) (21.1%) (557,877) (44.5%)July1,562,134 1,454,849 1,254,590 (107,285) (6.9%)200,259 16.0%Aug1,477,943 1,687,727 1,254,590 209,784 14.2% 433,137 34.5%Sep1,309,644 1,214,073 1,254,590 (95,571) (7.3%) (40,517) (3.2%)Oct908,001 1,254,590 Nov1,293,509 1,254,590 Dec1,298,206 1,254,590 Total15,003,192 11,777,885 15,055,080 274,409 2.4% 486,575 4.3%2nd Penny (25% and 75%)1st Penny 3rd Penny (Bed,Booze & Lodging) Business Improvements District (Pillow)TOTAL M2 M4 M6 M8 M10 M12 M14 M16 M2015 2016 2017 2018 2019City of Brookings Sales Tax Received (As of Sept '19)1st Penny2nd Penny3rd PennyBIDCity 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 2019-0442,Version:1
Sustainability Council Report on Plastic Bag Reduction / Elimination.
Summary:
The Sustainability Council has created and will present a report on the pros and cons of plastic bag
bans, the current use of plastic bag ordinances, a list of communities who have banned plastic bags,
and alternative tactics to reducing the use of plastic bags which do not require a plastic bag ban.
Background:
The Brookings Sustainability Council was established by ordinance in March 2011. The purpose of
the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment
strategies and policies that will improve our future quality of life while still meeting the needs of the
present.
Areas of emphasis for the Sustainability Council include green community wide practices and future
quality of life issues. Given the Sustainability Council’s purpose and areas of emphasis, City Council
requested the Sustainability Council to research and report on plastic bag reduction and elimination
strategies.
June 25, 2019 City Council Minutes excerpt: “A motion was made by Council Member Tilton Byrne,
seconded by Council Member Wendell, that the Sustainability Council study what peer communities
are doing to reduce or eliminate the use of plastic bags and single-use plastics for City Council
review at a future study session. The motion carried by a unanimous vote.”
Fiscal Impact:
None
Recommendation:
The Brookings Sustainability Council recommends that the City adopt a multi-faceted bag reduction
strategy.
Attachments:
Memo
Report
List of Cities with Plastic Bag Bans
City of Brookings Printed on 11/8/2019Page 1 of 1
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City Council Agenda Memo
From:The Brookings Sustainability Council
Council Meeting:October 22, 2019
Subject:Plastic Bag Reduction/Elimination
Person(s) Responsible: Jennifer McLaughlin, Chair, Brookings Sustainability Council
Summary:
The Sustainability Council has created and will present a report on the pros and cons of
plastic bag bans, the current use of plastic bag ordinances, a list of communities who
have banned plastic bags, and alternative tactics to reducing the use of plastic bags
which do not require a plastic bag ban.
Background:
The Brookings Sustainability Council was established by ordinance in March 2011. The
purpose of the Sustainability Council is to investigate, propose, educate, communicate,
and advocate investment strategies and policies that will improve our future quality of
life while still meeting the needs of the present.
Areas of emphasis for the Sustainability Council include green community wide
practices and future quality of life issues. Given the Sustainability Council’s purpose and
areas of emphasis, City Council requested the Sustainability Council to research and
report on plastic bag reduction and elimination strategies.
June 25, 2019 City Council Minutes excerpt: “A motion was made by Council Member
Tilton Byrne, seconded by Council Member Wendell, that the Sustainability Council
study what peer communities are doing to reduce or eliminate the use of plastic bags
and single-use plastics for City Council review at a future study session. The motion
carried by a unanimous vote.”
Discussion:
The Brookings Sustainability Council will present findings on reducing and/or eliminating
the use of plastic bags. While there are both benefits and drawbacks to plastic bag
bans, reduction strategies can be employed to reduce the use of the plastic bags in the
community. Reduction strategies include spotlighting local business who are utilizing
sustainable practices, working with private sector outlets for plastic bag recycling, and
continually educating the public on the impact of plastic bag use.
An additional alternative to a plastic bag ban would be to consider the use of a
disincentive fee for the use of plastic bags. This fee could range from $.05 to $.25 on
the use of some or all single use bags.
Legal Consideration:
There are no legal considerations at this time.
Financial Consideration:
There are no financial considerations at this time.
Options:
The City Council has the following options:
1. Utilize the report for information purposes
2. Implement a plastic bag ban or disincentive fee
3. Consider other approaches to reduce plastic bag use in Brookings
Recommendation:
The Brookings Sustainability Council recommends that the City adopt a multi-faceted
bag reduction strategy through:
1. Education to help consumers reduce their use of plastic bags (and reuse/recycle
when reduction isn’t feasible).
2. Showcasing local business initiatives in this area to encourage other businesses
to take action.
3. Supporting incentives for reducing plastic bag use by both consumers and
businesses.
4. Partnering with businesses who offer plastic bag recycling or providing plastic
bag drop-off locations.
Additionally, the Brookings Sustainability Council recommends that the City adopt
policies, strategies and actions that support an overall Reduce-Reuse-Recycle culture
with an emphasis on reduction for all single-use plastics and not just plastic bags.
The Sustainability Council recommends that the City Council not pursue a plastic bag
ban at this time.
Action Requested:
There is no action requested at this time as the Plastic Bag Reduction/Elimination
Report is informational and advisory.
Supporting Documentation:
1. Report
2. List of Cities with Plastic Bag Bans
Plastic Bag Reduction/Elimination Report
I.Concerns with Plastic Bags
Reuse This Bag estimates that a plastic bag has a 12-minute lifespan from when it's initially filled with
groceries at the grocery store to when it is discarded. Compare this with estimates that those same
plastic bags take anywhere from 10 to 1,000 years to decompose depending on what environmental
conditions the bag is disposed of in. Quickly, the picture becomes clear that for a few minutes of use,
plastic bags weigh heavily on long-term environmental impact.
These bags eventually make their way to landfills and into our oceans, adding to the 8 million metric
tons of plastic entering the ocean every year. This impact every scale of marine ecosystems, from
bottom feeders and microorganisms to whales.
II.Current Status of Plastic Bag Bans in the USA
There are four states that have passed plastic bag bans. They are California, Hawaii, New York, and
Connecticut. The New York plastic bag legislation was signed into law in April of 2019 with
implementation in March of 2020. The Connecticut legislation was signed into law in June of 2019 with
implementation on July 1, 2021.
There are over 350 cities that have passed plastic bag bans. Many of the city bans will go into effect
either this year or 2020. The cities are mostly located on the west coast or the east coast. Cities in
California have had their bans in place for a few years so they should have some history on how it works.
There are a few cities nearby in Colorado and Illinois including Chicago that have plastic bag bans too.
The plastic bag bans are either just a simple ban on single-use plastic bags or a ban on single-use plastic
bags plus typically a 10 cent tax on paper bags.
There are also 13 states that have state statues banning political subdivisions from passing ordinances
banning plastic bags. Our neighboring states of Minnesota, Iowa, and North Dakota are among the 13
states stopping cities from writing ordinances banning plastic bags. Suspect the main reason is not to
have a myriad of the different ordinances and different rules in each jurisdiction in the same state.
South Dakota has no legislation related to the issue of plastic bags.
III.Pros and Cons of Plastic Bag Bans
The following are some arguments for and against plastic bag bans.
Pros of Ban Bags:
Ocean Contamination Plastic bags contribute to the garbage that is found in the ocean. The
plastic eventually breaks down into microscopic pieces that are consumed by the sea life and
works into the food chain. (So if you eat seafood, you might be consuming minute amounts of
plastic.)
Decomposition Time Plastic bags tend to be slow to degrade, especially in landfills. It is
speculated that plastic in a controlled environment such as a landfill could take up to a thousand
years to decompose.
Difficult to Recycle Plastic bags are difficult to recycle. The USEPA estimates that less than 5% of
plastic bags are recycled. (Note: Millennium Recycling in Sioux Falls no longer accepts single-use
plastic bags.)
Cons of Ban Bags:
Environmentally Friendly According to the Environmental Agency of England, reusable cotton
bags need to be used 131 times to equal the environmental impact of plastic bags. (This reflects
energy, other resources consumed to raise and process the cotton.) Raising cotton can have
additional environmental concerns such as fertilizer runoff from cotton fields.
Cost and Convenience For retailers, plastic bags are cheap, easy to transport and store, as well
as being simple to open and fill.
Jobs Plastic bag bans could cost jobs in the plastic industry.
Sanitary Conditions If unwashed, reusable bags can become contaminated especially if used to
transport food such as uncooked meat.
Unintended Consequences According to research done at the University of California–Berkeley,
paper bag usage went up more than 31 million kilograms per year in California after several
counties starting banning and taxing plastic bags in 2008. Single-use paper bags also require
more energy to make, transport, and recycle than plastic.
According to the Berkeley study, after bans were enforced in California, thicker kitchen garbage bags
and large trash bags purchases rose by as much as 67 percent.
(“The Pros and Cons of Banning Plastic Bags: Critics Weigh In” Jared Gnam, Special to the Epoch Times,
February 22, 2018
IV.Plastic Bag Ordinances – Summary of Ordinances Currently in Place
Plastic bag ban ordinances can vary greatly depending on what the intent of the elected leaders of the
various cities were trying to achieve. Plastic bag ban ordinances can include several elements such as
the size of the store (exempting smaller retailers), thickness of the plastic, taxes on paper bags,
implementation date etc. As a result, the ordinances range from fairly simple to fairly complex.
Size of Store Some cities are targeting large retailers and trying to exempt smaller businesses.
As a result some ordinances use 20,000 square feet as a cut off. Large retailers subject to the
ban and smaller businesses would be exempt.
Thickness of Plastic Some cities are targeting certain types of plastic bags. Therefore, some
ordinances refer to the mils of thickness of the plastic bag. Ranges can be from 2.25 mils to 12
mils. Some stores such as clothing stores use a thicker, better quality bag than many big box
retailers.
Taxes Some cities and states are targeting all bags and as a result put a 10 cent tax on paper
bags as well as banning single-use plastic bags.
Implementation Date Most ordinances set an implementation date that is one to two years
later than the date the ordinance is passed. This is to give the retailers time to react to the ban.
Miscellaneous Exemptions could be given to entities that are exempt from sales tax such as
churches, food distribution centers, Goodwill, government entities, etc.
V.Cities around the USA that have banned plastic bags
There is a popular and growing movement to ban or heavily tax single-use plastic bags across the United
States and globally. Here, we've collected the 349 known cities, counties, and states to have, in some
way, banned or taxed plastic bag use.
Currently, only Hawaii and California have statewide plastic bag bans, with several other cities having
either mandatory recycling programs, taxes on plastic bag use, etc.
Source: Wiki Commons
NOTE: When looking through the list of cities that have partially or wholly banned plastic bags, it's
important to note this is an active area of legislation. Local governments across the United States have
plans to vote on a ban in the coming years. If you'd like to use a great interactive map of each state, visit
Bag The Ban.https://www.bagtheban.com/
**See separate document with list of cities that have banned plastic bags.
VI.Considerations Other Than a Ban or Fee program: Encouraging and
Incentivizing Reduce-Reuse-Recycle
There are businesses in Brookings who are already taking on sustainability initiatives and making
efforts forward in a Reduce/Reuse/Recycle culture with an emphasis on Reduction. An opportunity
may be to put the spotlight on those businesses to encourage more sustainable practices. For
example, the Sustainability Council is aware that Cottonwood Coffee recently made a change in
their business practices in that they no longer put several of their to-go items in plastic “to-go
containers” (which were often also put into a plastic bag!). Their breakfast sandwiches and burritos
are wrapped in tinfoil as before but are now put into small paper “lunch-bags” and handed to the
customer. The Brookings Sustainability Council would like to promote sustainable business practices
and changes such as the one undertaken by Cottonwood Coffee.
Additionally, the City of Brookings currently does not have an outlet for plastic bag recycling. As
such, it is not feasible to provide plastic bag recycling containers at this time. However, the
Sustainability Council is making contact with private sector businesses in the community who
currently offer plastic bag recycling opportunities. The Sustainability Council is working to identify
strategic ways to support businesses who offer plastic bag recycling through promotion, branding,
and education.
VII.Notes to consider should the City proceed with a Plastic Bag Ban or
other Plastic Bag program:
1) Although it is not what the Sustainability Council recommends, the City could implement a
plastic bag ban in which case, we would recommend the following considerations:
a. Like with any cultural change effort, education will be vital to a successful program
should the City proceed with a Plastic Bag Ban. Several of our peer communities have
done educational campaigns at events and speaking engagements. Social media,
presentations, mailers, and booths have been used in peer communities. Using statistics
specific to Brookings has the potential to make the campaign more effective. See
examples from Moscow, Idaho.
https://drive.google.com/open?id=0BxUtCFVmESwIODNZeWx0cjBjcjVZMWxkNmV0OFp
WQ3BuV0hv and
https://drive.google.com/open?id=0BxUtCFVmESwIekJOSHd5ZVM0Q3hzd1RJMjhXNXZ5
N19mQktR
b. The Brookings Sustainability Council would recommend the City carefully investigate the
legal aspects of a ban, especially as it pertains to any conflicts with current or pending
state legislation.
2) While it is also not what the Sustainability Council would recommend, the City could consider
implementing a “disincentive” fee rather than a ban. If so, the Sustainability Council would
recommend the City consider the following:
a. Multiple cities have successfully implemented a fee on some or all (paper & plastic)
single use bags. These fees range in price from $0.05 - $0.25. According to Surfrider,
having a fee is an effective way to change behavior. In Washington D.C. a $0.05 fee on
plastic bags has reduced their plastic bag usage by 60%. In a survey done after the fee
was initiated, it stated that “53% of residents and 63% of businesses supporting the law
outright. Only 16% of residents and 8% of businesses said they were bothered by the
law, while the rest said they had no feelings about the bag law either way.” Another
option in the fee area, would be to charge retailers who distribute a large amount of
plastic bags an extra fee on their regular trash & recycling hauling fee.
(https://ddoe.dc.gov/sites/default/files/dc/sites/ddoe/publication/attachments/DDOE%
202013%20Bag%20Law%20Survey%20Final%20Report%20(2).pdf) (Surfrider:
http://publicfiles.surfrider.org/Plastics/Plastic_Bag_Law_Activist_Toolkit_2019.pdf)
b. A few things to note with a bag fee:
i. Should include a fee on both paper and plastic as they both have environmental
impacts. We would need to decide what thickness of plastic bag would be
included in the fee.
ii. Have programs to ensure low income community members receive the reusable
bags they need or are exempt from the fee
1. Some communities have handed reusable bags out for free. Other
communities have allowed community members using SNAP/WIC no to
bypass the fee.
iii. Need to decide where that fee money goes and what it is used for
1. This varies from city to city, but options include a general fund,
environmental fund, or monies staying with the retailer.
iv. How would single use bags be handled in situations such as HyVee Aisle Online?
Plastic bag bans across the United States
Wiki Commons
City / County State Ban
DEL MAR CA City-wide ban on plastics bags and a 10-cent fee on
paper and reusable bags
ALAMEDA COUNTY CA County-wide ban on plastic bags with a 10-cent fee on paper
and reusable bags in all stores, and in all restaurants
ST. HELENA CA City-wide ban on plastic bags and a 10-cent fee on paper bags
OCEANSIDE CA City-wide ban on plastic bags and ten-cent fee on paper bags
SAN DIEGO CA City-wide ban on single-use plastic bags and ten-cent fee on
paper bags
DANVILLE CA Town-wide ban on plastic bags
SACRAMENTO COUNTY CA County-wide ban on plastic bags and 10-cent fee on paper bags
YOUNTVILLE CA Town-wide ban on plastic bags and 10-cent fee on paper bags
SANTA BARBARA COUNTY CA County-wide ban on plastic bags and 10-cent fee on paper bags
CATHEDRAL CITY CA City-wide ban on plastic bags and 10-cent fee on paper bags
HERMOSA BEACH CA City-wide ban on plastic and 10-cent fee on paper
AMERICAN CANYON CA City-wide ban on plastic bags
MILPITAS CA City-wide ban on plastic bags and 10-cent fee on paper bags
SEASIDE CA City-wide ban on plastic bags and 10-cent fee on paper and
reusable bags
LAFAYETTE CA City-wide ban on plastic bags and 10-cent fee on paper bags
MANHATTAN BEACH CA Ban on plastic bags
FAIRFAX CA City-wide ban on plastic bags with a 10-cent fee on paper bags
PACIFICA CA Ban on plastic bags and 10-cent paper bag fee
SACRAMENTO CA City-wide ban on plastic bags and 10-cent fee for paper bags
MARINA CA City-wide ban on plastic bags and 10-cent fee on paper bags
ENCINITAS CA City-wide ban on plastic bags with a 10-cent fee on paper bags
HERCULES CA Ban on plastic and ten cent fee on recycled and reusable paper
bags
PACIFIC GROVE CA City-wide ban on plastic bags and 10-cent fee for allowable
carryout bags
PLEASANT HILL CA Ban on plastic bags and 10-cent paper bag fee
NEVADA CITY CA Ban on plastic bags and 10-cent paper bag fee
MOUNTAIN VIEW CA Ban on plastic bags and 10-cent paper bag fee
MONROVIA CA Ban on plastic bags
KING CITY CA City-wide ban on plastic bags and 10-cent fee on paper and
reusable bags
MARTINEZ CA Ban on plastic bags
CHICO CA City-wide ban on plastic bags and 10-cent fee for paper bags
GRASS VALLEY CA City-wide ban on plastic bags
CALISTOGA CA City-wide ban on plastic bags
INDIO CA City-wide ban on plastic bags
WALNUT CREEK CA City-wide ban on plastic bags with a 10-cent fee on paper bags
BELVEDERE CA City-wide ban on plastic bags with a 10-cent fee on reusable
bags
SOUTH PASADENA CA City-wide ban on plastic bags
ARCATA CA City-wide ban on plastic bags with a 10-cent tax on paper bags
PALM SPRINGS CA Ban on plastic bags and 10-cent tax on paper bags
LOS ALAMOS CA Ban on plastic bags
SANTA BARBARA CA City-wide ban on plastic bags with a 10-cent tax on paper bags
SOUTH LAKE TAHOE CA City-wide ban on plastic bags with a 5-cent fee on paper bags
MONTEREY (COUNTY)CA County-wide ban on plastic bags and 10-cent fee on paper and
reusable bags
SAN RAFAEL CA City-wide ban on plastic bags with a 10-cent fee on paper bags
NOVATO CA Ban on plastic bags and 10-cent paper bag fee
PETALUMA CA Ban on plastic bags and 10-cent tax on paper bags
SANTA ROSA CA City-wide ban on plastic bags
SALINAS CA Ban on plastic bags and 10-cent paper bag fee
ROHNERT PARK CA Ban on plastic bags and 10-cent tax on paper bags
COTATI CA City-wide ban on plastic bags with a 10-cent fee on paper bags
CLOVERDALE CA City-wide ban on plastic bags with a 10-cent fee on paper bags
HEALDSBURGH CA Ban on plastic and ten cent fee on paper
SAUSALITO CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SEBASTOPOL CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SONOMA CITY CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SONOMA COUNTY CA City-wide ban on plastic bags
WINDSOR CA City-wide ban on plastic bags with a 10-cent fee on paper bags
DAVIS CITY CA City-wide ban on plastic bags
LOS ANGELES CITY CA Ban on plastic bags and ten-cent fee on paper bags
TRUCKEE CA City-wide ban on plastic bags
ORCUTT CA Ban on plastic bags and paper bag tax
LOS GATOS CA Plastic bag ban
CAMPBELL CA City-wide ban on plastic bags with a small fee on paper and
reusable bags
PITTSBURG CA Ban on plastic bags and tax on paper bags
RICHMOND CA Ban on plastic bags and 5-cent paper bag tax
EL CERRITO CA City-wide ban on plastic bags
SAN PABLO CA City-wide ban on plastic bags with a 5-cent tax on plastic or
reusable bags
CULVER CITY CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SAN JOSE CA City-wide ban on plastic with a 10-cent fee on paper bags
MILL VALLEY CA Ban on plastic bags
EAST PALO ALTO CA City-wide ban on plastic bags with a 10-cent fee on paper bags
REDWOOD CITY (IN SAN
MATEO COUNTY)CA Ban on plastic bags
CUPERTINO CA City-wide ban on plastic bags with a 10-cent fee on paper bags
LOS ALTOS CA Plastic bag ban and 25 cent fee on paper bags
PALO ALTO CA Ban on plastic bags and 10-cent tax on paper bags
SAN CARLOS CA City-wide ban on plastic bags with a 5-cent fee on paper bags
HALF MOON BAY CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SAN BRUNO CA Ban on plastic bags and 10-cent tax on paper bags
PORTOLA VALLEY CA Ban on plastic bags and 10-cent paper bag fee
PACIFICA CA Ban on plastic bags and 25-cent tax on paper bags
MORGAN HILL CITY CA Ban on plastic bags and 10-cent paper bag fee
MENLO PARK CA Ban on plastic bags
BELMONT CA City-wide ban on plastic bags with a 25-cent fee on paper bags
FOSTER CITY CA City-wide ban on plastic bags with a 10-cent tax on paper bags
DALY CITY CA City-wide ban on plastic bags with a 10-cent fee on paper bags
COLMA CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SAN MATEO CITY CA City-wide ban on plastic bags with a 10-cent tax on paper bags
SAN MATEO COUNTY CA County-wide ban on plastic bags
SOUTH SAN FRANCISCO CA City-wide ban on plastic bags with a 10-cent fee on paper bags
WOODSIDE CA City-wide ban on plastic bags with a 10-cent fee on paper bags
CARPINTERIA CA City-wide ban on plastic and paper bags
SANTA CRUZ CA City-wide ban on plastic bags with a 10-cent tax on paper bags
DANA POINT CA City-wide ban on plastic bags
CAPITOLA CA City-wide ban on plastic bags with a 25-cent tax on paper bags
BURLINGAME CA City-wide ban on plastic bags with a 10-cent fee on paper bags
BRISBANE CA City-wide ban on plastic bags with a 10-cent fee on paper bags
SUNNYVALE CA City-wide ban on plastic bags with a 10-cent fee on paper and
reusable bags
WEST HOLLYWOOD CA City-wide ban on plastic bags with a 10-cent tax on paper bags
CARMEL BY THE SEA CA City-wide ban on plastic bags
MENDOCINO COUNTY CA Ban on plastic bags and 10-cent tax on paper bags
UKIAH COUNTY CA City-wide ban on plastic bags and 10-cent tax on paper bags
PLEASANTON CA Ban on plastic bags and 10-cent tax on paper and reusable bags
PIEDMONT CA Ban on plastic bags and 10-cent fee on paper bags
OAKLAND CA Ban on plastic bags and 10-cent fee on paper and reusable bags
NEWARK CA Ban on plastic bags and 10-cent tax on paper and reusable bags
MONTEREY CA City-wide ban on plastic bags and 25-cent paper bag fee
ALBANY CA City-wide ban on plastic bags and 10-cent fee on paper and
reusable bags
LIVERMORE CA Ban on plastic bags and 10-cent tax on paper and reusable bags
BERKLEY COUNTY CA City-wide ban on plastic bags
HAYWARD CA City-wide ban on plastic bags with a 10-cent tax on paper bags
GLENDALE CA City-wide ban on plastic bags with a 10-cent fee on paper bags
FREMONT CA City-wide ban on plastic bags with a 10-cent tax on reusable
and paper bags
EMERYVILLE CA City-wide ban on plastic bags with a 10-cent tax on reusable
and paper bags
DUBLIN CA City-wide ban on plastic bags with a 10-cent tax on reusable
and paper bags
CORVALLIS CA City-wide ban on plastic bags with a 5-cent fee on paper bags
LAGUNA BEACH CA Ban on plastic bags and a ten cent fee on paper bags
SAN LEANDRO CA City-wide ban on plastic bags with a 10-cent tax on paper
and reusable bags
UNION CITY CA City-wide ban on plastic bags with a 10-cent tax on paper
and reusable bags
FORT BRAGG CA City-wide ban on plastic bags with a 10-cent fee on paper bags
ARROYO GRANDE CA City-wide ban on plastic bags and 10-cent fee on paper
PISMO BEACH CA Ban on plastic bags and 10-cent tax on paper bags
PASO ROBLES CA Ban on plastic bags and 10-cent paper bag fee
MORRO BAY CA Ban on plastic bags and 10-cent tax on paper bags
ATASCADERO CA City-wide ban on plastic bags and 10-cent fee on paper bags
SAN LUIS OBISPO COUNTY CA County-wide ban on plastic bags with a 10-cent tax on paper
bags
GROVER BEACH CA City-wide ban on plastic bags with a 10-cent tax on paper bags
WATSONVILLE CA City-wide ban on plastic bags with a 10-25 cent fee on paper
bags
MILLBRAE CA Ban on plastic bags and 10-cent tax on paper bags
SOLANA BEACH CA City-wide ban on plastic bags with a 10-cent fee on paper bags
PASADENA CA Ban on plastic bags and 10-cent tax on paper bags
OJAI CA Ban on plastic bags and 10-cent paper bag fee
SAN LUIS OBISPO CA City-wide ban with a 10-cent fee on paper bags
SAN FRANCISCO CA City-wide ban on plastic bags
MARIN COUNTY CA Ban on plastic bags
LOS ANGELES COUNTY CA Ban on plastic bags and ten cent fee for paper bags
SANTA CLARA COUNTY CA County-wide ban on plastic bags with a 15 cent fee on paper bags
SANTA MONICA CA City-wide ban on plastic bags with a 10-cent fee on paper bags
LONG BEACH CA Ban on plastic bags and ten cent fee on paper bags
CALABASAS CA City-wide ban on plastic bags with a 10-cent fee on paper bags
MALIBU CA Ban on plastic bags
CALIFORNIA (STATEWIDE)CA Statewide ban on single-use plastic bags and 10-cent fee on paper
and reusable bags
BISBEE AZ City-wide ban on plastic bags with a 5-cent tax on paper bags
ANCHORAGE AK City-wide ban on plastic bags, 10-50-cent tax for paper bags
UNALASKA AK City-wide ban on plastic bags
PALMER AK City-wide ban on plastic bags
WASILLA AK City-wide ban on plastic bags
CORDOVA AK City-wide ban on plastic bags
HOOPER BAY AK City-wide ban on plastic bags
BETHEL AK City-wide ban on plastic bags
CRESTED BUTTE CO City-wide ban on plastic bags
AVON CO Town-wide ban on plastic bags, 10-cent tax on paper bags
NEDERLAND CO City-wide 10-cent fee on paper and plastic bags
BRECKENRIDGE CO City-wide 10-percent tax on plastic bags
BOULDER CO 10-cent fee on plastic bags
ASPEN CO City-wide ban on plastic bags with a 20-cent fee on paper bags
CARBONDALE CO City-wide ban on plastic bags with a 20-cent tax on paper bags
TELLURIDE CO City-wide ban on plastic bags with a 10-cent tax on paper bags
GREENWICH CT City-wide ban on plastic bags (3 year sunset)
WESTPORT CT Westport, CT implemented a ban on plastic bags for all retailers
in the city
WASHINGTON DC City-wide 5-cent tax on plastic and paper bags
CORAL GABLES FL City-wide ban on plastic bags
OAHU HI County-wide ban on plastic bags, 15-cent tax on reusable plastic
bags, and ban on all plastic bags by 2020
OAHU HI Ban on plastic bags
HAWAII COUNTY HI County-wide ban on plastic bags
HONOLULU HI City-wide ban on plastic bags
MAUI COUNTY HI County-wide ban on plastic bags
KAUAI COUNTY HI County-wide ban on plastic bags
MARSHALL COUNTY IA County-wide ban on plastic bags
OAK PARK IL City-wide 10-cent tax for retailers over 5,000 square feet
CHICAGO IL City-wide 7-cent tax on plastic and paper bags
EVANSTON IL City-wide ban on plastic bags less than 225ml thick
DARTMOUTH MA Town-wide ban on plastic bags
WILMINGTON MA Town-wide ban on plastic bags
HAVERHILL MA City-wide ban on plastic bags for businesses with 8,000 square
feet or more
ANDOVER MA Town-wide ban on plastic bags
LOWELL MA City-wide ban on plastic bags (retail establishments 3,000 sq ft
or greater)
DANVERS MA Town-wide ban on plastic bags
WESTFORD MA Town-wide ban on plastic bags
GLOUCESTER MA City-wide ban on plastic bags
HOPKINTON MA Town-wide plastic bag ban
BELMONT MA Town-wide ban on plastic bags
BOSTON MA City-wide ban on plastic bags, Five-cent tax on paper,
reusable and compostable bags
COHASSET MA Town-wide ban on plastic bags
WINCHESTER MA Town-wide ban on plastic bags
MARSHFIELD MA Town-wide plastic bag ban
WESTBOROUGH MA Town-wide ban on plastic bags
SWAMPSCOTT MA Town-wide ban on plastic bags
TOPSFIELD MA Town-wide ban on plastic bags
WAYLAND MA Town-wide ban on plastic bags
WAKEFIELD MA City-wide ban on plastic bags
MELROSE MA City-wide ban on plastic bags (businesses over 8,000 sq ft)
SOUTH HADLEY MA City-wide ban on plastic bags
SUDBURY MA City-wide ban on plastic bags
DALTON MA City-wide ban on plastic bags less than 40 mils
YARMOUTH MA City-wide ban on plastic bags
ARLINGTON MA City-wide ban on plastic bags
STOCKBRIDGE MA City-wide ban on plastic bags
BOURNE MA Town-wide ban on plastic bags
OAK BLUFFS MA Town-wide ban on plastic bags
FRAMINGHAM MA Town-wide ban on plastic bags
EDGARTOWN MA Town-wide ban on plastic bags and fee on paper and
reusable bags
ATHOL MA City-wide ban on plastic bags
SANDWICH MA Town-wide ban on plastic bags
IPSWICH MA Town-wide ban on plastic bags and fee on paper bags
DENNIS MA Town-wide ban on plastic bags
BEDFORD MA Town-wide ban on plastic bags
PLYMOUTH MA Town-wide ban on plastic bags
NATICK MA Town-wide ban on plastic bags
WATERTOWN MA Town-wide ban on plastic bags
SHREWSBURY MA City-wide ban on plastic bags less than 40 mils thick
LENOX MA Town-wide ban on plastic bags
LEE MA Town-wide ban on plastic bags and tax on paper bags
ADAMS MA Town-wide ban on plastic bags
AMHERST MA Town-wide ban on plastic bags
CHILMARK MA Town-wide ban on plastic bags and fee on paper and
reusable bags
AQUINNAH MA Town-wide ban on plastic bags
WEST TISBURY MA Town-wide ban on plastic bags and fee on paper and
reusable bags
TISBURY MA Town-wide ban on plastic bags and fee on paper and
reusable bags
SALEM MA City-wide ban on plastic bags
WELLESLY MA City-wide ban on plastic bags
BARNSTABLE MA City-wide ban on plastic bags less than 3 mils thick
SOMERVILLE MA City-wide ban on plastic bags
FALMOUTH MA City-wide ban on plastic bags and 10-cent fee on paper bags
HAMILTON MA Town-wide ban on plastic bags
HARWICH MA City-wide ban on plastic bags
CAMBRIDGE MA City-wide ban on single-use plastic bags and 10-cent fee
on paper and composed plastic bags
TRURO MA Town-wide ban on plastic bags
BRIDGEWATER MA Town-wide ban on plastic bags
NORTHAMPTON MA City-wide ban on plastic bags
CONCORD MA City-wide ban on plastic bags
CHATHAM MA City-wide ban on single-use plastic bags
WELLFLEET MA Town-wide ban on plastic bags
WILLIAMSTOWN MA Town-wide ban on plastic bags
NEWTON MA City-wide ban on plastic bags
MARBLEHEAD MA City-wide ban on plastic bags
PROVINCETOWN MA City-wide ban on plastic bags
NEWBURYPORT MA City-wide ban on plastic bags
GREAT BARRINGTON MA City-wide ban on plastic bags
MANCHESTER MA City-wide ban on plastic bags
BROOKLINE MA City-wide ban on plastic bags
HARFORD MD County-wide ban on plastic yard waste bags
ABERDEEN MD City-wide ban on plastic yard waste bags
TAKOMA PARK MD City-wide ban on plastic bags
MONTGOMERY COUNTY MD Five-cent charge on each paper or plastic carryout bag provided
by retail establishments
CHESTERTOWN MD Chestertown, MD implemented a ban on plastic bags for all
retailers
ROCKLAND ME City-wide ban on plastic bags
MANCHESTER ME Town-wide ban on plastic bags
BLUE HILL ME Town-wide plastic bag ban
BATH ME City-wide ban on plastic bags, and a five-cent tax on paper bags
(increasing to 10-cents and 15-cents in 2019 and 2020)
BELFAST ME City-wide ban on plastic bags
CAPE ELIZABETH ME Town-wide five-cent tax on plastic bags
BRUNSWICK ME Town-wide ban on plastic bags
TOPSHAM ME Town-wide 5-cent fee on plastic bags
SACO ME City-wide ban on plastic bags
FREEPORT ME Town-wide ban on plastic bags and five-cent fee on paper bags
KENNEBUNK ME Town-wide ban on plastic bags
FALMOUTH ME City-wide 5-cent fee on plastic and paper bags
YORK ME Town-wide ban on plastic bags
SOUTH PORTLAND ME City-wide 5-cent fee on plastic and paper bags
PORTLAND ME City-wide 5-cent fee on plastic and paper bags
WASHTENAW COUNTY MI County-wide ban on plastic bags and 10-cent fee on reusable
bags
HYDE COUNTY NC County-wide ban on plastic bags
DARE COUNTY NC County-wide ban on plastic bags
CURRITUCK COUNTY NC County-wide ban on plastic bags
JERSEY CITY NJ City-wide ban on plastic bags
BELMAR NJ Borough-wide ban on plastic bags
BRIGANTINE BEACH NJ City-wide ban on plastic bags
HOBOKEN NJ City-wide ban on plastic bags, fee on paper and reusable bags
(up to 25-cents); low-income customers exempt
BRADLEY BEACH NJ Borough-wide ban on plastic bags
STAFFORD TOWNSHIP NJ Town-wide ban on plastic bags
ATLANTIC COUNTY NJ County-wide ban on plastic bags and straws within parks
TEANECK NJ 5-cent tax on plastic bags
MONMOUTH BEACH NJ Borough-wide ban on plastic bags
LONG BEACH NJ Town-wide ban on plastic bags
POINT PLEASANT BEACH NJ Borough-wide ban on plastic bags
LONGPORT NJ 10-cent fee on paper and plastic bags
SILVER CITY NM City-wide ban on plastic bags
SANTA FE NM City-wide ban on plastic bags and 10-cent tax on paper bags
BEDFORD NY Town-wide 10-cent fee on plastic and paper bags
LEWISBORO NY Town-wide ban on plastic bags,15-cent fee on paper bags
SEA CLIFF NY Village-wide minimum 5-cent tax on plastic bags
SUFFOLK COUNTY NY County-wide five-cent fee on paper and plastic bags
LONG BEACH NY City-wide five-cent fee on plastic bags
NEW CASTLE NY City-wide ban on plastic bags and 10-cent fee on paper bags
NEW YORK CITY NY City-wide 5-cent fee on plastic bags
PATCHOGUE VILLAGE NY City-wide ban on plastic bags
SAG HARBOR NY Village-wide ban on plastic bags
SOUTHAMPTON NY City-wide ban on plastic bags
NEW PALTZ VILLAGE NY Village-wide ban on plastic bags
HASTINGS ON HUDSON NY City-wide ban on plastic bags
LARCHMONT NY City-wide ban on plastic bags
MAMARONECK NY Village-wide ban on plastic bags
RYE NY City-wide ban on plastic bags
EAST HAMPTON NY City-wide ban on plastic bags
NEW YORK (STATEWIDE)NY Proposal for State-wide ban on plastic bags w/Amendments
MILWAUKIE OR City-wide ban on plastic bags
MANZANITA OR City-wide ban on plastic bags
MCMINNVILLE OR City-wide ban on plastic bags
HOOD RIVER OR City-wide ban on plastic bags
FOREST GROVE OR City-wide ban on plastic bags
ASHLAND OR City-wide ban on plastic bags and 10-cent fee on paper bags
EUGENE OR City-wide ban on plastic bags and 5-cent fee on paper bags
CORVALLIS OR City-wide ban on plastic bags and 5-cent fee on paper bags
PORTLAND OR City-wide ban on plastic bags
PROVIDENCE RI City-wide ban on plastic bags and 10-cent tax on paper and
reusable bags
NORTH KINGSTOWN RI Town-wide ban on plastic bags
JAMESTOWN RI City-wide ban on plastic bags
NEW SHOREHAM RI Town-wide ban on plastic bags
NEWPORT RI City-wide ban on plastic bags
MIDDLETOWN RI City-wide ban on plastic bags
BARRINGTON RI City-wide ban on plastic bags
MOUNT PLEASANT SC City-wide ban on plastic bags
BEAUFORT COUNTY SC County-wide ban on plastic bags
SURFSIDE BEACH SC City-wide ban on plastic bags
FOLLY BEACH SC City-wide ban on plastic bags
ISLE OF PALMS SC City-wide ban on plastic bags
BROWNSVILLE TX City-wide ban of plastic bags
EAGLE PASS TX City-wide ban on plastic bags
PORT ARANSAS TX City-wide ban on plastic bags suspended
LAREDO TX City-wide plastic bag ban
KERMIT TX Plastic bag ban and 10-cent tax on paper bags
SUNSET VALLEY TX City-wide plastic bag ban
FREER TX City-wide plastic bag ban
AUSTIN TX The ordinance include specific carryout bag standards,
exemptions and signage requirements
LAGUNA VISTA TX Plastic bag ban at all retailers
SOUTH PADRE ISLAND TX City-wide plastic bag ban
FORT STOCKTON TX A bag ban ordinance with an exception for plastic bags that
are labeled 100% recyclable
MOAB UT City-wide ban on plastic bags
PARK CITY UT City-wide ban on plastic bags in stores larger than 12,000 sq ft
PARK CITY UT City-wide ban on plastic bags in stores larger than 12,000 sq ft
BRATTLEBORO VT Town-wide ban on plastic bags
KENMORE WA City-wide ban on plastic bags, 5-cent fee on paper bags
LA CONNER WA Town-wide ban on plastic bags
PORT ANGELES WA City-wide ban on plastic bags less than 225 mm, 5-cent tax on
all bags
TACOMA WA City-wide ban on plastic bags less than 225 mils thick
FRIDAY HARBOR WA Town-wide ban on plastic bags
SAN JUAN COUNTY WA County-wide ban on plastic bags
TUMWATER WA City-wide ban on plastic bags and 5-cent fee on paper bags
THURSTON COUNTY WA County-wide ban on plastic bags and 5-cent fee on paper bags
OLYMPIA WA City-wide ban on plastic bags and 5-cent fee on paper bags
LACEY WA City-wide ban on plastic bags and 5-cent fee on paper bags
MERCER ISLAND WA City-wide ban on plastic bags
SHORELINE WA City-wide ban on plastic bags and 5-cent fee on paper bags
ISSAQUAH WA City-wide ban on plastic bags and 5-cent fee on paper bags
MUKILTEO WA City-wide ban on plastic bags
PORT TOWNSEND WA City-wide ban on plastic bags and 5-cent fee on paper bags
BAINBRIDGE ISLAND WA City-wide ban on plastic bags and 5-cent fee on paper bags
BELLINGHAM WA City-wide ban on plastic bags and 5-cent fee on paper bags
SEATTLE WA City-wide ban on plastic bags and 5-cent fee on paper bags
EDMONDS WA City-wide ban on plastic bags
What you'll notice is that there are quite a few states that are missing from the list above.
Since plastic bag bans have been pushed by local governments, they may not be a top
priority for certain regions. However, one thing is clear, the list will continue to grow.
“US To Ban Plastic Bags, Will Your City Be Next?” Trevor Nace, Senior Contributor,
Forbes, Sept. 20, 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 19-087,Version:1
Action on Resolution 19-087, a Resolution Awarding Bids on Edgebrook Golf Cart Lease.
Summary:
This resolution will award the Edgebrook Golf Cart Lease.
Background:
The Brookings Park & Recreation office held a bid letting on Tuesday, November 5, 2019 at 1:30 pm
at the City & County Government Center and the following bids were received:
NB Golf Cars
2020 Club Car-Tempo Electric -$31,690.26/year x 5 years = $158,451.30
2020 Club Car-Precedent Electric -$30,781.80/year x 5 years = $153,909.00
Tournament Fleet Rate - $37.00/day
Miller & Sons Golf Cars
2020 EZ GO TXT 48V -$33,643.00/year x 5 years = $168,215.00
2020 EZ GO RXV Elite -$41,167.00/year x 5 years = $205,835.00
Tournament Fleet Rate - $30.00/day
The carts included in the bid package are new 2020 model electric carts and meet the bid
specifications.
Fiscal Impact:
City budget is $33,800.
Recommendation:
Staff recommends approval of the NB Golf Cars bid of $158,431.30 and $37 per day/per cart.
Memo
Resolution
City of Brookings Printed on 11/8/2019Page 1 of 1
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City Council Agenda Memo
From: Dusty Rodiek, Parks, Recreation, and Forestry Director
Council Meeting: November 12, 2019
Subject: Action on Resolution 19-087, A Resolution Awarding Bids
on EdgeBrook Golf Cart Lease
Person(s) Responsible: Dusty Rodiek, Parks, Recreation, Forestry Director
Summary:
This resolution will award the 5-year term EdgeBrook Golf Cart lease. Two competitive
bids were received. Staff recommends the NB Golf Cars bid for $31,690 a year which is
under budget. The term of the agreement is for five years.
Background:
The EdgeBrook Golf Course offers golf carts for rent to daily customers and as a part of
many membership packages. The lease for the carts is set to expire. Lease provides
carts for users without a major capital investment. The bids are competitively sought
and two were received.
Discussion:
The City opened bids on Tuesday, November 5, 2019 with two firms providing
acceptable proposals:
NB Golf Cars
2020 Club Car-Tempo Electric -$31,690.26/year x 5 years = $158,451.30
2020 Club Car-Precedent Electric - $30,781.80/year x 5 years = $153,909.00
Tournament Fleet Rate - $37.00/day
Miller & Sons Golf Cars
2020 EZ GO TXT 48V -$33,643.00/year x 5 years = $168,215.00
2020 EZ GO RXV Elite -$41,167.00/year x 5 years = $205,835.00
Tournament Fleet Rate - $30.00/day
The Club Car Tempo model and both EZ GO models have the ability to be upgraded to
accept GPS technology should this application become desired in the future. These
carts have the future ability of adapted GPS systems that can improve the player
experience, improve course flow by allowing management to track speed of play,
provide added security from cart theft and provide weather safety alerts. The existing
bid does not contain gps but is a future add on should the expense be offset by
increased revenues.
Legal Consideration:
None.
Financial Consideration:
The City budgeted $33,800/year for the lease of golf carts.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the bid from NB Golf Cars for the Club Car Tempo
model.
Action Requested:
Approve the resolution to award the EdgeBrook Golf Cart lease.
Supporting Documentation:
1. Resolution
Resolution 19-087
Resolution Awarding EdgeBrook Golf Course
Golf Cart 5-Year Lease
Whereas, the City of Brookings opened bids for EdgeBrook Golf Course Golf Cart 5-
Year Lease on Tuesday, November 5, 2019 at 1:30 pm at Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids:
NB Golf Cars
2020 Club Car-Tempo Electric -$31,690.26/year x 5 years = $158,451.30
2020 Club Car-Precedent Electric - $30,781.80/year x 5 years = $153,909.00
Tournament Fleet Rate - $37.00/day
Miller & Sons Golf Cars
2020 EZ GO TXT 48V -$33,643.00/year x 5 years = $168,215.00
2020 EZ GO RXV Elite -$41,167.00/year x 5 years = $205,835.00
Tournament Fleet Rate - $30.00/day
Now Therefore, Be It Resolved the bid from NB Golf Cars for the Club Car Tempo
Electric model be accepted.
Passed and approved this 12th day of November, 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 #:ID 2019-0468,Version:1
Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman,
Attorney at Law for a one year contract (01/01/2020 - 12/31/2020).
Summary:
Attached is a contract for City Attorney services for the City of Brookings with Mr. Steve Britzman.
The term is for one year.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Contract - Marked
Contract - Clean
2019 Contract
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City Council Work Session Memo
From:Paul M. Briseno, City Manager
Council Work Session:November 12, 2019
Subject:City Attorney Legal Services Agreement Renewal
Person(s) Responsible: Paul M. Briseno, City Manager
Summary:
Annually, the City Council approves the legal services agreement with City Attorney
Steve Britzman. The attached agreement is consistent with the 2019 agreement. The
only substantial change is the fee, which has a proposed increase of 2.25%.
Background:
The City Attorney is one of three positions appointed by the City Council as outlined in
the City Charter. The City Attorney services are contracted and outlined within an
annual agreement. The agreement outlines the performance of legal service, conflicts of
interest, reimbursement for services and services noted on pages three (3) and four (4)
items 1 – 15.
Discussion:
The proposed 2020 agreement reflects the same parameters as the 2019 agreement;
however, the fee is increased 2.25%, which is consistent with the projected pay
adjustment. The 2020 annual contact is $97,162.44 and hourly rate of $175 for litigation
or substantial recodification. Additionally, $4,125 is budgeted for membership and
registration.
Legal Consideration:
There are no legal considerations at this time.
Financial Consideration:
The 2020 budget contains the proposed increase of 2.25%.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with Council changes
3. Deny
4. Refer to a work session
Staff Recommendation:
The City Attorney and City Manager discussed and recommend the proposed
agreement.
Supporting Documentation:
1. 2020 Contract – Marked
2. 2020 Contract – Clean
Legal Services Agreement
_______________
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW
agree that the City of Brookings has appointed Steven J. Britzman to serve as City
Attorney for a one (1) year period, commencing January 1, 2020 and ending December
31, 2020, unless extended by mutual agreement of the parties, in writing. The City of
Brookings and Steven J. Britzman desire to set forth the terms of their Agreement
concerning the provision of legal services by Steven J. Britzman as City Attorney as
follows:
1. Performance of Legal Services
Steven J. Britzman will perform all legal services as provided in the "Scope of
Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of
the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will
perform all legal services which shall include representing the City in Magistrate Court in
the enforcement of City Ordinances.
2. Insurance Coverage
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the
amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars
($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be
responsible to pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest
are defined in great detail in the Rules of Professional Responsibility which govern
attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J.
Britzman will follow the Rules of Professional Responsibility, immediately disclose to
the City Council and City Manager any conflict or the appearance of a potential conflict,
and resolve the issue to the satisfaction of the City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2020 through December 31, 2020 of Eight
Thousand Ninety-six and 87/100 ($8,096.87) Dollars, payable on the last day of the
month.
The hourly rate for other legal services, including those set forth in Item 15 of the
Scope of Services is $175.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be performed as an
independent contractor and Steven J. Britzman shall therefore pay all payroll and
business expenses incurred in providing legal services to the City.
2
5. Expense Reimbursements, Meetings and Conferences
In addition to the compensation for legal services during each year of this Agreement,
the City will provide Three Thousand Dollars ($3,500.00) per year for membership in the
International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and
for Conference registration, travel and lodging for the Annual Meeting of the
International Municipal Lawyers Association which includes approximately nineteen
hours of continuing legal education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required
to travel outside the City of Brookings to other meetings or to perform legal services,
provided such travel is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree that it
is appropriate for the City Attorney to be responsive to residents of the city, the media,
other municipal attorneys, the municipal league and other public officials where
communication or an appropriate measure of assistance is in the best interest of the City.
Dated this ____day of November, 2019.
STEVEN J. BRITZMAN, ATTORNEY AT LAW
Steven J. Britzman
Dated this ____day of November, 2019.
CITY OF BROOKINGS, SOUTH DAKOTA
Paul M. Briseno, City Manager
ATTEST:
_______________________________
Bonnie Foster, City Clerk
SCOPE OF SERVICES FOR CITY ATTORNEY
FOR CITY OF BROOKINGS
THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES:
1. The City Attorney will attend all City Council meetings as the legal advisor for
3
the Brookings City Council, unless the absence is due to vacation or illness or the
subject matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions
and research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions, except the Utility
Board and Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by
the City in circumstances where the City is not represented by legal counsel assigned
by its insurance company. Legal representation in litigation must be authorized in
each instance by the City Council and compensation will be in addition to the
monthly compensation as provided in Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal
level.
7. Provide legal representation for the City before administrative bodies upon
special request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify
a basis for legal proceedings; serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
4
10. Prepare a monthly written report to the City Manager of legal services performed
which includes a description of the service and the time required to perform the
service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review
labor contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and
attend continuing legal education to ensure the most efficient, cost-
effective, and accurate operation of the City Attorney’s Office.
14. Review proposed state legislation affecting the City and prepare or supervise
the preparation of state legislation relating to municipal and city government
matters as directed by the City Manager or City Council. Consult with City Council,
the City
Manager and department heads in regard to such legislation and testify before
legislative boards as requested.
15. The City Attorney’s basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will
be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b.
above will be as negotiated and agreed upon by the parties.
Legal Services Agreement
_______________
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW
agree that the City of Brookings has appointed Steven J. Britzman to serve as City
Attorney for a one (1) year period, commencing January 1, 2020 and ending December
31, 2020, unless extended by mutual agreement of the parties, in writing. The City of
Brookings and Steven J. Britzman desire to set forth the terms of their Agreement
concerning the provision of legal services by Steven J. Britzman as City Attorney as
follows:
1. Performance of Legal Services
Steven J. Britzman will perform all legal services as provided in the "Scope of
Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of
the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will
perform all legal services which shall include representing the City in Magistrate Court in
the enforcement of City Ordinances.
2. Insurance Coverage
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the
amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars
($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be
responsible to pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest
are defined in great detail in the Rules of Professional Responsibility which govern
attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J.
Britzman will follow the Rules of Professional Responsibility, immediately disclose to
the City Council and City Manager any conflict or the appearance of a potential conflict,
and resolve the issue to the satisfaction of the City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2020 through December 31, 2020 of eight
thousand ninety-six and 87/100 ($8,096.87) Dollars, payable on the last day of the month.
The hourly rate for other legal services, including those set forth in Item 15 of the
Scope of Services is $175.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be performed as an
independent contractor and Steven J. Britzman shall therefore pay all payroll and
business expenses incurred in providing legal services to the City.
2
5. Expense Reimbursements, Meetings and Conferences
In addition to the compensation for legal services during each year of this Agreement,
the City will provide Three Thousand Dollars ($3,500.00) per year for membership in the
International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and
for Conference registration, travel and lodging for the Annual Meeting of the
International Municipal Lawyers Association which includes approximately nineteen
hours of continuing legal education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required
to travel outside the City of Brookings to other meetings or to perform legal services,
provided such travel is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree that it
is appropriate for the City Attorney to be responsive to residents of the city, the media,
other municipal attorneys, the municipal league and other public officials where
communication or an appropriate measure of assistance is in the best interest of the City.
Dated this ____day of November, 2019.
STEVEN J. BRITZMAN,ATTORNEY AT LAW
Steven J. Britzman
Dated this ____day of November, 2019.
CITY OF BROOKINGS, SOUTH DAKOTA
Paul M. Briseno, City Manager
ATTEST:
_______________________________
Bonnie Foster, City Clerk
3
SCOPE OF SERVICES FOR CITY ATTORNEY
FOR CITY OF BROOKINGS
THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES:
1. The City Attorney will attend all City Council meetings as the legal advisor for
the Brookings City Council, unless the absence is due to vacation or illness or the
subject matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions
and research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions, except the Utility
Board and Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by
the City in circumstances where the City is not represented by legal counsel assigned
by its insurance company. Legal representation in litigation must be authorized in
each instance by the City Council and compensation will be in addition to the
monthly compensation as provided in Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal
level.
7. Provide legal representation for the City before administrative bodies upon
special request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify
4
a basis for legal proceedings; serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
10. Prepare a monthly written report to the City Manager of legal services performed
which includes a description of the service and the time required to perform the
service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review
labor contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and
attend continuing legal education to ensure the most efficient, cost-
effective, and accurate operation of the City Attorney’s Office.
14. Review proposed state legislation affecting the City and prepare or supervise
the preparation of state legislation relating to municipal and city government
matters as directed by the City Manager or City Council. Consult with City Council,
the City Manager and department heads in regard to such legislation and testify
before legislative boards as requested.
15. The City Attorney’s basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will
be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b.
above will be as negotiated and agreed upon by the parties.
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 2019-0478,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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