HomeMy WebLinkAbout2020_02_11 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, February 11, 2020
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion, unless a member of the
Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 20-0063 Action to approve the January 28, 2020 City Council Minutes.
1/28/2020 MinutesAttachments:
3.C.ID 20-0062 Action on a request to abate property taxes from the City of Brookings in
the amount of $1,413.17, located on the W ½ of Lot 4, All of Lot 5, Block 1,
Hill Park Addition, City of Brookings (1110 4th Street). Parcel
#40245-00100-004-00.
Page 1 City of Brookings
February 11, 2020City Council Meeting Agenda
Abatement ApplicationAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A.ID 20-0064 Recognition of Brookings Park & Recreation Dept. employee promotion.
5.B. 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.C. SDSU Student Association Report.
5.D.ID 20-0074 Brookings Municipal Utilities Financial Report.
PresentationAttachments:
6. Contracts/Change Orders:
6.A.RES 20-008 Action on Resolution 20-008, a Resolution to approve the purchase of new
Automated Yard Waste Carts from Sanitation Products, Inc., Sioux Falls,
SD, through Sourcewell Contract #041217-SRF.
Memo
Resolution
Appendix
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.
8. Public Hearings and Second Readings:
8.A.ORD 20-001 Public Hearing and Action on Ordinance 20-001, a Joint Jurisdiction
Rezoning Request for the South 150’ of the East 165’ of Lot 1, Krogman
First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N-R50W, from
Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3
Heavy District (1806 US Highway 14).
Page 2 City of Brookings
February 11, 2020City Council Meeting Agenda
Memo
Ordinance - Clean
Ordinance - Marked
Notice
12-02-2019 Planning Commission Minutes
Rezoning Applications
Zoning Exhibit Map
Aerial Map
JJB-3 District
County Staff Report
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
1/14/20 City Council read into the record
8.B.ORD 20-003 Second Reading and Action on Ordinance 20-003, an Ordinance
Authorizing Supplemental Appropriation No. 2 to the 2020 Budget.
Memo
Ordinance
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
1/28/20 City Council read into the record
9. Other Business:
9.A.RES 20-015 Action to approve Resolution 20-015, a Resolution authorizing the City
Manager to sign documents for the 20th Street South BUILD Project EM
0295(45) 130 and PCN 020V.
Memo
Resolution
MOU
Map
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.ID 20-0073 Executive Session, pursuant to SDCL 1-25-2, for purposes of 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, and
Page 3 City of Brookings
February 11, 2020City Council Meeting Agenda
for 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.
Action: Motion to Enter Into Executive Session, Voice Vote
Action: Motion to Exit Executive Session, Voice Vote
12. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605)
692-6281 at least three working days prior to the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0063,Version:1
Action to approve the January 28, 2020 City Council Minutes.
Attachments:
01/28/2020 Minutes
City of Brookings Printed on 2/6/2020Page 1 of 1
powered by Legistar™
Brookings City Council
January 28, 2020 (unapproved)
The Brookings City Council held a meeting on Tuesday, January 28, 2020 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, Nick Wendell, and Ope
Niemeyer. Absent: Council Member Holly Tilton Byrne. City Attorney Steve Britzman,
City Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Hansen, seconded by
Council Member Bacon, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent:
1 - Tilton Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the January 14 and January 21, 2020 City Council Minutes.
3.C. Action on Resolution 20-007, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement 5-year renewal for ERL, LLC, dba The Depot,
921 20th St. So., Kathy McClemans, Robb McClemans, and Liz McClemans-Novak,
owners, legal description: Lot 7, Block 13, McCleman’s Addition.
Resolution 20-007 - ERL, LLC, dba The Depot
Wine On-Sale Alcoholic Beverage Operating Agreement 5 -year Mid-Term Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the On -Sale Wine Alcoholic Beverage
Management Agreement between the City of Brookings and ERL, LLC, dba The Depot,
Kathy McClemans, Robb McClemans, and Liz McClemans-Novak, owners, for the
purpose of a manager to operate the on-sale establishment or business for and on
behalf of the City of Brookings at 921 20th St. So.: legal description: Lot 7, Block 13,
McCleman’s Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for the remaining five (5) years of
the ten (10) year agreement.
3.D. Action on Resolution 20-004, a Resolution authorizing Change Order No. 1
(Final) for 2019-07STI Asphalt Concrete Freight on Board Project; Bowes
Construction, Inc.
Resolution 20-004 - A Resolution Authorizing Change Order No. 1 (Final),
for 2019-07STI Freight On Board Project; Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for
2019-07STI Freight on Board Project: Construction Change Order Number 1 Final.
Adjust estimated bid quantities to “as-built” quantities for a total decrease of $36,517.41
to close out the project.
Dr. Martin Luther King, Jr. Contest Awards Presentation. In celebration of Dr.
King’s birthday, the Brookings Human Rights Commission sponsored a poster contest
for intermediate school students and an essay contest for middle school and high
school students to help students reflect on Dr. King’s ideas and their impact on the
community. This year’s theme for the poster contest was "In the end, we will remember
not the words of our enemies, but the silence of our friends.” Mayor Keith Corbett
presented the winners with the following awards: Grade 4 Poster Contest: 1st Place -
Tyler Davis, 2nd Place - Dante Martinson, 3rd Place – Shawna Nupen, Honorable
Mention - Allyson Couser. Grade 5 Poster Contest: 1st Place – Tavyn Jae Everding, 2nd
Place - Autumn Brink, 3rd Place - Honor Naughton, Honorable Mention - Alexis (Lexi)
Erp. Middle School Essay Contest: 1st Place - Anika Hooda, 2nd Place - Shae Lefers, 3rd
Place - Taya Haselhorst. High School Essay Contest: 1st Place - Grace Enz, 2nd Place -
Cherish Stern, 3rd Place - Victoria Diersen.
SDSU Student Association Report. Hattie Seten, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
Brookings Municipal Liquor Store Presentation. Brookings Municipal Liquor Store
Manager Janet Coplan provided an overview of the Municipal Liquor Store to the City
Council and the public.
Resolution 20-009. A motion was made by Council Member Hansen, seconded by
Council Member Bacon, that Resolution 20-009, a Resolution to approve the purchase
of a 2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux
Falls, SD, through Sourcewell Contract #022818-TOY, be approved. The motion carried
by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell
Absent: 1 - Tilton Byrne.
Resolution 20-009 - Resolution to approve the purchase of a 2020 Fire Engine from
Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, through
Sourcewell Contract #022818-TOY.
Whereas, the City of Brookings Fire Department requests to purchase a 2020 Fire
Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD,
through Sourcewell Contract #022818-TOY; and
Whereas, the 2020 Fire Engine will replace a 2001 Fire Engine. Replacement of Fire
Engines occur on an 18-year basis in order to reduce maintenance costs and
breakdowns; and
Whereas, the overall price for the 2020 Fire Engine from Toyne, Inc., Breda, IA /
Allegiant Emergency Services, Sioux Falls, SD, is $605,243.00; and
Whereas, Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, is
offering a trade-in value of $65,000.00 for the 2001 Fire Engine; and
Whereas, the 2020 CIP has a budgeted amount of $150,000.00 to cover the first
installment.
Now, Therefore, Be It Resolved that the contract from Toyne, Inc., Breda, IA / Allegiant
Emergency Services, Sioux Falls, SD, in the amount of $540,243.00 be accepted.
Resolution 20-014. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Action on Resolution 20 -014, a Resolution authorizing a
Interfund Loan from the Landfill Fund to the Fire Department to be used for the
purchase of a 2020 Fire Engine. be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton
Byrne.
Resolution 20-014 - Resolution Authorizing a Interfund Loan
from the Landfill Fund to the Fire Department
to be used for the purchase of a 2020 Fire Engine
Whereas, the Brookings Fire Department is purchasing a 2020 Fire Engine and desires
to finance a portion of the purchase price using an Interfund Loan from the Brookings
Landfill Fund; and
Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of
the City Council, to loan unrestricted cash from one fund to another fund of the City; and
Whereas, it is in the best interests of the City of Brookings to finance the purchase of
said fire equipment internally through a Interfund Loan from the Landfill Fund to the Fire
Department Fund.
Now, Therefore, Be It Resolved, that the City Manager is directed to execute an
Interfund Loan from the Landfill Fund to the Fire Department Fund, providin g an annual
interest rate of 1.55%, payable as follows:
Principal: $540,243
Interest: 1.55%
Term: 6-year term, 1 payment per year
FIRST READING – Ordinance 20-003. Introduction and First Reading was held on
Ordinance 20-003, an Ordinance Authorizing Supplemental Appropriation No. 2 to the
2020 Budget. Second Reading: February 11, 2020.
Ordinance 20-002. A motion was made by Council Member Hansen, seconded by
Council Member Brink, that Ordinance 20-002, an Ordinance authorizing Supplemental
Appropriation No. 1 to the 2020 Budget, be approved. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent:
1 - Tilton Byrne.
Temporary Liquor Application. A public hearing was held on a Temporary Liquor
Application from St. Thomas More Catholic School, to operate within the City of
Brookings, South Dakota, on February 1, 2020, for a Winter Gala and Grand Auction to
be held at 1700 8th Street South. A motion was made by Council Member Niemeyer,
seconded by Council Member Hansen, that the Temporary Liquor Application be
approved. Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 -
Tilton Byrne.
Resolution 20-010. A public hearing was held on Resolution 20 -010, a Resolution of
Intent to Lease Real Property at Brookings Airport to Madison Aircraft, LLC. A motion
was made by Council Member Bacon, seconded by Council Member Niemeyer, that
Resolution 20-010 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne.
Resolution 20-010 - A Resolution of Intent to Lease Real Property at Brookings Airport
to Madison Aircraft, LLC
Be It Resolved by the governing body of the City of Brookings, South Dakota, th at the
City of Brookings intends to enter into a Lease with Madison Aircraft, LLC for a period of
five (5) years, commencing on January 1, 2020 and ending December 31, 2024 and
pertaining to the following described property: 4,096 square feet in Lot U1, A irport
Hangar Addition Number One, Section 26, Township 110 North, Range 50 West of the
5th P.M., City of Brookings, County of Brookings, State of South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2020 lease amount will be five
hundred thirty-two dollars and forty-eights cents ($532.48) payable January 31, 2020.
The City of Brookings may terminate this Lease with sixty (60) days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 28,
2020 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Resolution 20-011. A public hearing was held on Resolution 20 -011, a Resolution of
Intent to Lease Real Property at Brookings Airport to Civil Air Patrol, Inc. A motion was
made by Council Member Hansen, seconded by Council Member Brink, that Resolution
20-011 be approved. The motion carried by the following vote: Yes: 6 - Corbett,
Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne.
Resolution 20-011 - Resolution of Intent to Lease Real Property
to Civil Air Patrol, Inc.
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Civil Air Patrol, Inc., for a period of
five (5) years, commencing on February 1, 2020 and ending December 31, 2024 and
pertaining to the following described property: approximately 1,040 square feet in the
Brookings Airport Terminal Building in Section 26-T110N-R50W, City of Brookings,
South Dakota.
The Lease will be in the amount of eighty-four dollars and forty-two cents cents ($84.42)
per month, payable by the first day of each month. The lease amount will be increased
3% beginning on January 1st of each year. The Lessor or Lessee may terminate this
Lease with a notice of 30 days.
Be It Further Noted, that a public hearing on this Resolution was held on January 28,
2020 at 6:00 o’clock P.M. at the Chambers at the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Resolution 20-012. A motion was made by Council Member Bacon, seconded by
Council Member Brink, that Resolution 20-012, a Resolution Amending the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton
Byrne.
Resolution 20-012 - Resolution Amending the Consolidated Fee Schedule
Whereas, the adopted Municipal Code and City Policies make references to fees
charged; and
Whereas, it is prudent that the fees be reviewed for cost effectiveness.
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
adjustments to the 2020 Consolidated Fee Schedule:
Fee Description Resolution City Code Fee
Hillcrest Aquatics Center Season Pass
Individual 19-075 Sec. 62-45 $60.00
Family of Three (3) 19-075 Sec. 62-45 $150.00
Daily Admission 19-075 Sec. 62-45 $6.00
Discount Cards 19-075 Sec. 62-45 $54.00
Recreation Programs
Red Cross Lessons – Early Bird 19-075 Sec. 62-45 $35.00
Wee Waders – Early Bird 19-075 Sec. 62-45 $35.00
Junior Lifeguarding – Early Bird 19-075 Sec. 62-45 $40.00
Red Cross Lessons 19-075 Sec. 62-45 $41.00
Wee Waders 19-075 Sec. 62-45 $41.00
Junior Lifeguarding 19-075 Sec. 62-45 $46.00
Planning & Zoning
Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00
Final Development Plan Amendment 19-075 Sec. 66-29 $100.00
Portable Signs Per Month (maximum permit
period shall not carry over from one permit
period to the next)
19-075 Sec. 94-
467
$50.00
Fee Description Early Bird Regular
Unlimited Golf
Youth $190.00 $225.00
Young Adult $465.00 $550.00
Senior / Veteran $465.00 $550.00
Young Adult Couple $520.00 $610.00
Senior Couple $520.00 $610.00
Individual $550.00 $650.00
Couples $630.00 $750.00
Family $720.00 $850.00
College Student $255.00 $300.00
Unlimited Golf & Half Cart Packages
Young Adult $725.00 $850.00
Senior / Veteran $725.00 $850.00
Young Adult Couple $780.00 $920.00
Senior Couple $780.00 $920.00
Individual $745.00 $875.00
Couples $805.00 $950.00
Family $850.00 $1,000.00
College Student $455.00 $535.00
All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Resolution 20-013. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Resolution 20-013, a Resolution Authorizing the City
Manager to sign a Memorandum of Understanding between the South Dakota
Department of Transportation (SDDOT) and the City of Brookings for the 20th Street
South BUILD Project, be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton
Byrne.
Resolution 20-013 - A Resolution Authorizing the City Manager to Sign Memorandum of
Understanding between the South Dakota Department of Transportation (SDDOT) and
the City of Brookings for the 20th Street South BUILD Project
Whereas, the Brookings City Council desires the construction of a new interchange at
Interstate 29 and 20th Street South in Brookings, SD; and
Whereas, the project will be added into the Statewide Transportation Improvement
Program and given project number EM 0295(45)130 and PCN 020V; and
Whereas, the City has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant in the amount of $18,677,630.00 towards the project; and
Whereas, the City has requested the State of South Dakota to function as the
administrator for the Project along with the Federal Highway Administration (FHWA);
and
Whereas, the City of Brookings has agreed to be responsible for all local match
requirements for the Project, provide Project Management, and other provisions
described in a Memorandum of Understanding between the SDDOT and City of
Brookings.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign a Memorandum of Understanding between the SDDOT and City of
Brookings for the 20th Street South BUILD Project.
MEMORANDUM OF UNDERSTANDING
BETWEEN
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION
AND
CITY OF BROOKINGS, SOUTH DAKOTA
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between the
State of South Dakota, acting by and through its Department of Transportation, referred
to in this MOU as the “STATE,” and the city of Brookings, South Dakota, referred to in
this MOU as the “CITY.”
BACKGROUND:
1. The CITY wants to build a new interchange at Interstate 29 (I -29) and 20th Street
South, referred to in this MOU as the “PROJECT.”
2. The PROJECT will be added into the Statewide Transportation Improvemen t
Program and given project number EM 0295(45)130 and PCN 020V.
3. The CITY has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD) grant, referred to in this MOU as the “GRANT,” in the
amount of Eighteen Million Six Hundred Seventy-seven Thousand Six Hundred
Thirty Dollars ($18,677,630.00) towards the total PROJECT cost.
4. The total PROJECT cost is estimated to be Twenty-three Million Three Hundred
Forty-seven Thousand Thirty-seven Dollars ($23,347,037.00).
5. he CITY, in combination with Brookings County and private development
partners, have committed local match in the amount of Four Million Six Hundred
Sixty-nine Thousand Four Hundred Seven Dollars ($4,669,407.00) for the
PROJECT.
6. The BUILD GRANT funds must be obligated by September 15th, 2021.
7. The BUILD GRANT funds must be expended by September 30th, 2026.
8. The CITY is requesting the STATE to assume administration responsibilities for
the PROJECT.
THE STATE AND THE CITY MUTUALLY AGREE AS FOLLOWS:
A. THE STATE’S RESPONSIBILITIES
1. he STATE will function as the administrator for the PROJECT along with the
Federal Highway Administration (FHWA).
2. The STATE will bill the CITY for any required local match associated with
expenditures of the PROJECT.
3. The STATE will bill the CITY for any costs in excess of the total estimated cost of
the PROJECT.
4. The STATE will bill the CITY for any costs deemed ineligible for GRANT funding
by the STATE or FHWA.
5. The STATE will provide the following:
a. Project agreements authorizing federal funding through FHWA;
b. Technical assistance to the CITY for the PROJECT;
c. Geotechnical recommendations;
d. Surfacing recommendations;
e. Plans Specifications and Estimate (PS&E) review, letting, and construction
administration;
f. A more detailed agreement for the PROJECT prior to PS&E approval; and
g. Coordination on the development of a GRANT agreement with FHWA.
6. Upon completion of the PROJECT, it is the intent that the STATE will assume
jurisdiction, ownership, replacement, repair, and maintenance responsibilities for
all portions of the PROJECT within the control of access.
B. THE CITY’S RESPONSIBILITIES
1. The CITY will be responsible for all local match requirements for the PROJECT.
2. The CITY will coordinate all match and reimbursements with other partners as
identified in BACKGROUND Paragraph 4 above.
3. The CITY will be responsible for any costs determined ineligible for GRANT
funding by the STATE or FHWA.
4. The CITY will be responsible for any costs in excess of the estimated PROJECT
costs.
5. The City Engineer will function and assume all duties as the Project Manager
(PM) for the PROJECT.
6. The PM will:
a. Adhere to the design criteria required by the STATE and FHWA.
b. Assume the responsibilities of Project Management as identified in Chapter 2
of the South Dakota
c. Road Design Manual and any updates to the chapter.
d. Be responsible for review and approval of all billings for the PROJECT, with
the exception of billings related to construction of the PROJECT.
e. Be responsible for development of all documents and activities including but
not limited to, design, plans preparation, utility coordination, Right-of-Way
acquisition (and related activities), and environmental clearances related to
preliminary engineering services in accordance with STATE and FHWA
requirements.
C. PROJECT LETTING
The STATE plans to let the PROJECT by September 15, 2021. In order to meet this
letting deadline, it is imperative that the CITY promptly provide plans and related
documents for the PROJECT to the STATE. Time is of the essence. The CITY must
provide PROJECT deliverables and related documents to the STATE by the following
deadlines:
June 30, 2020 The CITY will submit PROJECT preliminary Gradeline plans.
August 12, 2020 The CITY will conduct the Preliminary Design Inspection
including Type Size and Location (TS&L) for any structures.
October 23, 2020 The CITY will conduct the Final Design Inspection.
December 16, 2020 The CITY will provide a Release to Right-of-Way.
February 9, 2021 The CITY will release final plans for review to the STATE.
June 15, 2021 The CITY will provide all certifications, final plans, right-of-
way certifications, environmental clearances, utility
certifications, and necessary state and federal PROJECT
documentation.
D. GENERAL CONDITIONS:
1. This MOU may not be amended, except in writing, which writing will be expressly
identified as a part of this MOU and be signed by an authorized representative of
each of the parties.
2. If the CITY breaches any of the terms or conditions of this MOU, the STATE may
terminate this MOU at any time with or without notice. If the STATE terminates
the MOU, the CITY will be responsible for reimbursing the STATE for all
PROJECT costs paid for with GRANT funds and all PROJECT costs incurred by
the STATE in meeting its responsibilities under this Agreement, including labor
costs and expenses for STATE staff.
3. This MOU depends upon the continued availability of appropriated funds and
expenditure authority from the Legislature and the continued availability of the
GRANT funds from the federal government. If for any reason the Legislature fails
to appropriate funds or grant expenditure authority, or any funds become
unavailable by operation of law or federal funds reductions or denials, the MOU
may be terminated by the STATE. Termination for any of these reasons is not a
default by the STATE nor does it give rise to a claim against the STATE.
4. The CITY has designated its City Manager as the CITY’S authorized
representative and has empowered the City Manager with the authority to sign
this MOU on behalf of the CITY. A copy of the CITY’S Council minutes or
resolution authorizing the execution of this MOU by the City Manager as the
CITY’S authorized representative is attached to this MOU as Exhibit A.
5. Any notices or submissions required under this MOU will be provided to the
following:
For the CITY For the STATE
Jackie Lanning Scott Rabern
City Engineer Chief Road Design Engineer
Suite 140 South Dakota Dept. of Transportation
Brookings, SD 57006 700 East Broadway
Pierre, SD 57501
This MOU is binding upon the signatories not as individuals, but solely in their
capacities as officials of their respective organizations and acknowledges proper action
of the STATE and the CITY to enter into the same.
State of South Dakota
City of Brookings, South Dakota Department of Transportation
By: By:
Its: City Manager Its: Secretary
Date: Date:
Attest: Approved as to Form:
City Clerk Special Assistant Attorney General
(CITY SEAL)
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City’s activities/projects.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Brink, that this meeting be adjourned at 7:05 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 20-0062,Version:1
Action on a request to abate property taxes from the City of Brookings in the amount of $1,413.17,
located on the W ½ of Lot 4, All of Lot 5, Block 1, Hill Park Addition, City of Brookings (1110 4 th
Street). Parcel #40245-00100-004-00.
Summary:
The City of Brookings has applied to abate a portion of their property taxes in the amount of
$1,413.17 for the W ½ of Lot 4, All of Lot 5, Block 1, Hill Park Addition, City of Brookings (1110 4 th
Street). Parcel #40245-00100-004-00. This property was purchased from Barry Mielke on June 4,
2019.
County Assessor Calculations:
2019 pay 2020 tax = $2,546.22
$2,546.22/365 = $6.729 per day
Abate 210 days x $6.729 = $1,413.17
Fiscal Impact:
The property tax revenue will be reduced by $1,413.17.
Recommendation:
County Assessor recommends approval.
Attachments:
Abatement Application
City of Brookings Printed on 2/6/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0064,Version:1
Recognition of Brookings Park & Recreation Dept. employee promotion.
Summary:
Parks, Recreation & Forestry Director Dusty Rodiek will introduce to the City Council and public a
department employee who has been recently promoted.
The promoted staff include:
·Greg Redenius - promoted from Golf Course Supervisor to Edgebrook Golf Course
Superintendent 1/1/2020.
City of Brookings Printed on 2/6/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0074,Version:1
Brookings Municipal Utilities Financial Report.
Summary:
Presentation by Steve Meyer, General Manager, and Laura Julius, Finance & Account Manager.
Attachments:
Presentation
City of Brookings Printed on 2/6/2020Page 1 of 1
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QUARTERLY
FINANCIAL
PRESENTATION
BMU / SWIFTEL
COMMUNICATIONS
February 11, 2020
Combining Balance Sheet
December 31, 2016, 2017, 2018 & 2019
Reported in Millions (0,000,000)
Total Funds
2016
Total Funds
2017
Total Funds
2018
Total Funds
2019
Assets:$75.7 $78.1 $83.4 $88.1
Fixed Assets:
Cost $205.7 $214.5 $221.4 $228.8
Accumulated Depr.($95.9)($102.0)($108.0)($113.4)
Total Fixed Assets $109.8 $112.5 $113.4 $115.4
Total Assets $185.5 $190.6 $196.8 $203.5
Liabilities:$57.2 $53.2 $47.9 $44.1
Equity:$128.3 $137.4 $148.9 $159.4
Total Liabilities & Equity $185.5 $190.6 $196.8 $203.5
BMU Balance Sheets by Fund
December 31, 2019 Reported in Millions (0,000,000)
Electric
Fund
Telephone
Fund
Wastewater
Fund Water Fund Total Funds
Assets:$24.5 $31.3 $15.5 $16.8 $88.1
Fixed Assets:
Cost $59.8 $88.3 $56.7 $24.0 $228.8
Accumulated Depr.($23.1)($66.1)($16.3)($7.9)($113.4)
Total Fixed Assets $36.7 $22.2 $40.4 $16.1 $115.4
Total Assets $61.2 $53.5 $55.9 $32.9 $203.5
Liabilities:$9.3 $5.7 $28.0 $1.1 $44.1
Equity:$51.9 $47.8 $27.9 $31.8 $159.4
Total Liabilities & Equity $61.2 $53.5 $55.9 $32.9 $203.5
Combined Statement of Revenue and Expenses
December 31, 2016, 2017, 2018 & 2019
Reported in Millions (0,000,000)
Total Funds
2016
Total Funds
2017
Total Funds
2018
Total Funds
2019
Total Revenue:$72.2 $73.0 $79.6 $78.5
Total Expenses:($62.3)($61.6)($64.4)($65.6)
Income Before Operating Transfers $9.9 $11.4 $15.2 $12.9
General Fund Transfer:($2.2)($2.3)($2.3)($2.4)
Net Income $7.7 $9.1 $12.9 $10.5
BMU Statement of Revenue and Expenses
December 31, 2019
Reported in Millions (0,000,000)
Electric
Fund
Telephone
Fund
Wastewater
Fund
Water
Fund
Total
Funds
Total Revenue:$31.1 $34.4 $6.5 $6.5 $78.5
Total Expenses:($24.7)($32.0)($5.4)($3.5)($65.6)
Income Before Operating
Transfers $6.4 $2.4 $1.1 $3.0 $12.9
General Fund Transfer:($2.2)($0.2)$0.0 $0.0 ($2.4)
Net Income $4.2 $2.2 $1.1 $3.0 $10.5
BMU Statement of Revenue and Expenses
Reported in Millions (0,000,000)
Actual YTD
12/31/19
Annual Budget
2019
Total Revenue:$78.5 $75.0
Total Expenses:($65.6)($64.8)
Income Before Operating
Transfers $12.9 $10.2
General Fund Transfer:($2.4)($2.4)
Net Income $10.5 $7.8
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Capital Expenditures -Total Funds
Questions
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 20-008,Version:1
Action on Resolution 20-008, a Resolution to approve the purchase of new Automated Yard Waste
Carts from Sanitation Products, Inc., Sioux Falls, SD, through Sourcewell Contract #041217-SRF.
Summary:
This resolution will award the purchase of 3,965 yard waste carts from Sanitation Products, Inc.,
Sioux Falls, SD, for $235,931.58 through Sourcewell Contract #041217-SRF. The attainment of the
carts will allow the implementation of the new automated yard waste collection program. Residents
can request extra carts if needed. Yard Waste material is picked up twice a week.
Background:
The current yard waste collection program consists of selling paper yard waste bags to Brookings
residents through various avenues. The Collection Department currently picks up over 67,000 bags
annually. Additionally, a drop off location is provided for residents at the Landfill, the Community
Gardens, and a new site yet to be determined.
Fiscal Impact:
The City will enter into a contract with Sanitation Product, Inc. to purchase of 3,965 carts will cost
$235,931.58. Shifting to the automated yard waste collection system alleviates the need of replacing
the $200,000 rear-load garbage truck as part of the 2020 Capital Improvement Plan. The $200,000 in
savings from the budgeted truck expenditure and $40,000 in savings from bag purchases provides
the funds for the yard waste cart purchase.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Appendix
City of Brookings Printed on 2/6/2020Page 1 of 1
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City Council Agenda Memo
From: Todd Langland, Director of Solid Waste
Council Meeting: February 11, 2020
Subject: Yard Waste Cart Bid Award
Person(s) Responsible: Todd Langland, Director of Solid Waste
Summary:
This resolution will award the purchase of 3,965 yard waste carts from Sanitation
Products, Inc., Sioux Falls, SD, for $235,931.58 through Sourcewell Contract #041217-
SRF. This purchase will allow the implementation of the new automated yard waste
collection program. Yard Waste material is picked up twice a week. Residents can
request extra carts for a fee of $4.00 per month. The current yard waste program was
started in 1994 to provide a service to the resident for the material.
Background:
The current Yard W aste Collection Program consists of selling paper yard waste bags
to Brookings residents through various avenues. The Collection Department picks up
over 67,000 bags annually. The bags are pickup manually with one operator driving the
truck and the second on riding on the back. This process creates a greater risk of injury
to the employee. Additionally, a drop off location is provided for residents at the Landfill,
the Community Gardens, and a new site which is yet to be determined.
Item Details:
Implementation Timeline:
February - approval of Resolution to purchase yard waste carts
February - begin marketing program for yard waste carts
February - order carts (4-6 week anticipated delivery)
March / April - delivering yard waste carts to residents who request them
Fall 2020 - yard waste bags will be available for fall leaf pick up until inventory is
gone. Extra carts will be available for a fee of $4.00 per month.
April 2021 - Implement new yard waste cart program. No bags will be accepted
unless they are placed in the cart.
Marketing Program
Brookings Register - ads will run twice a week. It will be incorporated with Spring
Cleanup ads in March.
Radio ads - will run daily
Press Release - February
Social Media - twice a week
Media Video - will work with Chelsie on outlets
The program will provide safer working conditions for employees, which improves our
risk management, but more importantly, takes employees out of hazardous conditions
of jumping on and off the back of the truck, slipping on wet streets, lifting heavy wet
bags thus preventing any physical injuries. The refuse will be more protected from the
elements and allow easy automated pick up. This process will increase efficiencies with
the reduction of physical labor and cleaner pickup. T he city will provide the maintenance
on the carts. Implementation will be provided incrementally with adequate marketing
and communication of the process. The implementation of the yard waste cart system
will start with marketing the cart and asking the residents to call in and request a cart.
The remaining yard bag inventory will be delivered to businesses when they are
requested. The landfill has currently received over 100 requests the yard waste carts.
Staff utilized Sourcewell to find the best qualified product. Sourcewell exists to help
government, education, and nonprofits work more efficiently by providing a wide range
of cooperative contracts while complying with competitive bid process
requirements. Please see appendix for Sourcewell bidding information .
The current staff for Collection is five. This number is down from the previous years of
seven. This is due in part to the automation for the Garbage and recycling operation. No
current staff members are being eliminated from the Solid Waste Department. However,
going to an automated system provides financial savings in bag costs as well as
quantifiable efficiencies as staff time can be reassigned to other prioritized tasks.
Legal Consideration:
SourceWell Documents were review.
Strategic Plan Consideration:
The move to the automated yard waste cart system is the next step in improving the
sustainability practices for the Solid Waste Department. The material collected is haul to
the landfill and screened into compost for our residents to use at no charge. The
compost can be used for flower beds, grass seeding, raised gardens and other projects
that home owners may be working on. This will also free up staff time to help with
community growth
Financial Consideration:
The up-front investment in the yard waste carts is $235,931.58. Average annual cost of
$23,593.16 based on the 10-year warranty. One cart costs $59.50. Over the 10-year
warranty, cost per cart is less than $6.00 per year. The Yard Waste Cart Program will
operate approximately 6 months out of the year, assessing the cost of the cart at $1.00
per month. If the average resident uses three yard bags per week the cost is $3.00 and
the cost for the city to own the cart would be $.25 per week.
The cost of the yard waste bags is $.50 each. Under the current yard waste program,
the city purchases an average of 67,000 bags annually for a total annual cost of
$33,500.00. The City sells the bags at $.45 per bag, which provides $30,150.00 to fund
the program. This amount funds the labor, fuel cost and truck maintenance. The $.05
per bag City subsidy multiplied by 67,000 bags amounts to $3,350.00 that reduces the
annual amortized cost of the carts to $20,243.00.
The cost of a full time Collection Department employee, with benefits, is approximately
$60,000.00 per year. This employee cost will be spread out over other areas of the
operation, making operations more efficient. The city will save approximately $3,400 per
year by taking the bags out of circulation. The automated system will allow one full-time
employee, at the annual salary and benefit value of $ 60,000.00, to be assigned to
strategic action task: of increased grow in the community,.
Additional savings is experienced as the rear-load garbage truck scheduled in 2020 for
the Solid Waste Collection Capital Improvement Fund will not be needed. The cost of
the truck would be $200,000.00. With the implementation of the automated yard carts,
the work load of this rear-load garbage truck will shift to the automated trucks and would
not need to be purchased at this time. The truck expenditure savings of $200,000.00,
and the saving of bags purchases of $40,000.00 provides the funds from the operating
budget to purchase the carts. The Collection has an estimated cash balance as of
12/31/2019 of $ 439,562.00.
The City will enter into a contract with Sanitation Products, Inc. to purchase 3,965 carts
at a cost of $235,931.58.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move the item to a work session
4. Do nothing
Staff recommends approval of resolution as presented.
Supporting Documentation:
1. Resolution
2. Appendix
Resolution 20-008
Action on Resolution 20-008, a Resolution to approve the purchase of new
Automated Yard Waste Carts from Sanitation Products, Inc., Sioux Falls, SD,
through Sourcewell Contract #041217-SRF
Whereas, the City of Brookings will purchase Automated Yard Waste Carts through
Sourcewell Contract #041217-SRF from Sanitation Products, Inc., Sioux Falls, SD; and
Whereas, the City of Brookings will purchase from Sanitation Products, Inc. 3,965 new
automated Yard Waste Carts for the amount of $235,931.58; and
Whereas, the automated Yard Waste Carts will be delivered and payment made after
March 1, 2020.
Now, Therefore, Be It Resolved that the contract from Sanitation Products, Inc., Sioux
Falls, SD, in the amount of $235,931.58, be accepted.
Passed and approved this 11th day of February, 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
Appendix:
Sourcewell
Sourcewell is part of the Minnesota Service Cooperatives created by the Minnesota
Legislature as a local unit of government (Minn. Const. Art. XII, Sec. 3). Sourcewell
exists to help government, education, and nonprofits work more efficiently by providing
a wide range of cooperative contracts while complying with competitive bid process
requirements. Their contracts are designed to help fulfill purchasing needs while
making the buying process more efficient. All vendor agreements are the result of
formal bids or negotiated contracts for equipment, products, and services.
State Statutes showing Sourcewell is in compliance with competitive bidding
requirements:
Minnesota Statute 471.345 Subdivision 15 “A municipality may contract for the
purchase of supplies, materials, or equipment without regard to the competitive
bidding requirements of this section if the purchase is through a national
municipal association’s purchasing alliance or cooperative created by a joint
powers agreement that purchases items from more than one source on the basis
of competitive bids or competitive quotation.”
SDCL 5-18A-22.3 states “any purchase of supplies or services, other than
professional services, by purchasing agencies form any active contract that has
been awarded by any government entity by competitive sealed bids or
competitive sealed proposals or from any contract that was competitively
solicited and awarded within the previous twelve months.”
Sourcewell: https://www.sourcewell-mn.gov/
Sourcewell Compliance & Legal Authority: https://www.sourcewell-mn.gov/compliance-
legal?domain=njpacoop.lightning.force.com
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 20-001,Version:2
Public Hearing and Action on Ordinance 20-001, a Joint Jurisdiction Rezoning Request for the South
150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N-
R50W, from Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District
(1806 US Highway 14).
Summary:
The applicant is seeking a rezoning request for a portion of property located at 1806 US Highway 14
from JJR-1B to JJB-3 District as the applicant would like to relocate the existing residence and use
the property for a use consistent with the Joint Jurisdiction B-3 District.
Background:
The 2.32-acre property is located just north of US Highway 14 and a portion of the land was rezoned
from JJB-3 to JJR-1B in 1995 to allow for a residence to be constructed. The ownership of the
property has changed and the current owner would like to relocate the existing home to another
location and use the entire parcel for business uses. The land to be rezoned is entirely surrounded
by property zoned JJB-3 with the RJ’s Gas Stop immediately to the south.
Both the County and City Planning Commissions recommended approval of the rezoning request at
the Joint Planning Commission Meeting on December 2, 2019. The County Commissioners and City
Council hear the rezoning request and make the final determination. The rezoning request is
completed through an ordinance which requires two (2) readings.
Findings of Fact:
1.The 2040 City of Brookings Comprehensive Plan shows this general area as either
commercial or low density residential. The City comprehensive plan supports rezoning the
property to JJB-3 District.
2.The general area is predominately zoned JJB-3 District.
Staff Recommendation:
Staff recommends approval of the rezoning request based on the support of the City Comprehensive
Plan and the surrounding land uses.
Planning Commission Recommendation:
The City and County Planning Commissions unanimously recommend approval of the rezoning
request.
Attachments:
Memo
Ordinance - Clean
Ordinance - Marked
Notice
City of Brookings Printed on 2/6/2020Page 1 of 2
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File #:ORD 20-001,Version:2
12-02-2019 Planning Commission Minutes
Rezoning Applications
Zoning Exhibit Map
Aerial Map
JJB-3 District
County Staff Report
City of Brookings Printed on 2/6/2020Page 2 of 2
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Meeting: January 28, 2020
Subject: Joint Jurisdiction Rezoning Request for the South 150’ of the
East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of
the SE ¼ of Section 16T110N-R50W, from Joint Jurisdiction
Residence R-1B to a Joint Jurisdiction Business B-3 Heavy
District. (1806 US Highway 14)
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The applicant is seeking a rezoning request for a portion of property located at 1806 US
Highway 14 from JJR-1B to JJB-3 District as the applicant would like to relocate the
existing residence and use the property for a use consistent with the Joint Jurisdiction
B-3 District.
Background:
The 2.32-acre property is located just north of US Highway 14 and a portion of the land
was rezoned from JJB-3 to JJR-1B in 1995 to allow for a residence to be constructed.
The ownership of the property has changed and the current owner would like to relocate
the existing home to another location and use the entire parcel for business uses. The
land to be rezoned is entirely surrounded by property zoned JJB -3 with the RJ’s Gas
Stop immediately to the south.
Both the County and City Planning Commissions recommended approval of the
rezoning request at the Joint Planning Commissio n Meeting on December 2, 2019. The
County Commissioners and City Council hear the rezoning request and make the final
determination. The rezoning request is completed through an ordinance which requires
two (2) readings.
Discussion:
Staff has no concerns with the rezoning request as it is supported by the City
Comprehensive Plan and the existing surrounding land uses.
Legal Consideration:
None.
Financial Consideration:
None.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Staff Recommendation:
Staff recommends approval of the rezoning request.
Planning Commission:
The City and County Planning Commissions both unanimously recommend approval of
the rezoning request.
Action Requested:
Approval of the rezoning request.
Supporting Documentation:
1. Ordinance – Clean
2. Ordinance – Marked
3. Notice
4. 12-02-2019 Planning Commission Minutes
5. Rezoning Applications
6. Zoning Exhibit Map
7. Aerial Map
8. JJB-3 District
9. County Staff Report
Ordinance 20-001
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding
the City of Brookings
Be It Ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City
of Brookings, County of Brookings, State of South Dakota, described as follows:
South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of
Section 16 T110N-R50W, be and the same is hereby rezoned and reclassified from a
class Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District
(1806 US Highway 14).
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area
Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said
districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No.
14-80 Appendix C of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-80
Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: January 14, 2020
Second Reading and Adoption: February 11, 2020
Published: February 20, 2020
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
Ordinance 20-001
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding
the City of Brookings
Be It Ordained by the governing body of the City of Brookings and Brookings County,
South Dakota, that Official Joint Jurisdiction Zoning Map shall be amended as follows:
Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City
of Brookings, County of Brookings, State of South Dakota, described as follows:
South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of
Section 16 T110N-R50W, be and the same is hereby rezoned and reclassified from a
class Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District
(1806 US Highway 14).
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area
Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said
districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No.
14-80 Appendix C of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-80
Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: January 14, 2020
Second Reading and Adoption: February 11, 2020
Published: February 20, 2020
COUNTY OF BROOKINGS CITY OF BROOKINGS
________________________________
Chair Keith W. Corbett, Mayor
ATTEST: ATTEST:
________________________
Vickie Buseth , Finance Officer Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That Caleb Svartoien of EC Properties, LLC
submitted a petition to rezone the following described real estate in the Joint Jurisdiction
Area of the City of Brookings and Brookings County, South Dakota:
The South 150’ East 165’ of Lot 1, Krogman First Addition, SE ¼ SE ¼
Section 16T-110N-R50W, also known as 1806 US Hwy 14, from a Joint
Jurisdiction Residence R-1B Single-Family District to a Joint Jurisdiction
Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the Brookings
City Council 6:00 PM on Tuesday, February 11, 2020 for Second Reading of Ordinance in
the Chambers Room on the third floor of the Brookings City & County Government Center
at 520 Third Street, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 24th day of January, 2020.
Staci Bungard
City Planner
City & County Joint Planning Commission
Brookings, South Dakota
December 2, 2019
OFFICIAL MINUTES
City Chairperson Eric Rasmussen called the meeting of the City & County Planning
Commission to order on Monday, December 2, 2019, at 7:00 PM in the Chambers Room
#310 on the third floor of the City & County Government Center. City members present were
Tanner Aiken, James Drew, Alan Johnson, Gregg Jorgenson, Jason Meusburger, Lee Ann
Pierce, Greg Fargen and Rasmussen. City member absent was Ashley Biggar. County
members present were Kimberly Elenkiwich-Chairperson, Mike Bartley, Michael McHugh,
Tom Davis, Darrell Nelson, Darrel Kleinjan, Chad Ford, Terrell Spence, Randy Jensen and
non-voting alternate Roger Erickson. Also present were City Planner Staci Bungard,
Community Development Director Mike Struck, County Development Deputy Director Richard
Haugen, Caleb Svartoien, Luke Muller, and others.
Item #3a – Caleb Svartoien of EC Properties LLC has submitted a petition to rezone the
South 150’ East 165’ of Lot 1, Krogman First Addition, SE1/4 SE1/4 Section 16 -T110N-
R50W, also known as 1806 US Hwy 14 from Joint Jurisdiction Residence R -1B Single-Family
District to a Joint Jurisdiction Business B-3 Heavy District.
(Johnson/Aiken) Motion for the City Planning Commission to approve the rezone request. All
present voted aye. MOTION CARRIED.
(Bartley/McHugh) Motion for the County Planning Commission to approve the rezone
request. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #3a – The applicant is seeking a rezone request from a JJR1 -B District to JJB-3 Heavy
Commercial District. This property is located just north of Hwy 14. In 1995 a portion of this
land was rezoned from a JJB-3 to a JJR-1B to allow for a residence to be constructed. The
current owner is planning to relocate the residence and use the whole parcel for commercial
purposes.
The 2040 City of Brookings Comprehensive Plan shows this area as commercial or low
density residential and supports the JJB-3 rezone.
Caleb Svartoien explained that they would like to move the house off of this property and
then use it for commercial purposes. They own a landscaping business and will use this
property for the business.
Pierce requested a list of the permitted uses if this rezoning request is allowed. Bungard
provided a list of the permitted uses and special exception uses allowed by the Board of
Adjustment.
B rook ings County, SD
Aeria l Map
120 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC42 42
.10 Financial institution (Ord. 5-95, 2-28-95)
.11 Grocery supermarket (Ord. 5-95, 2-28-95)
.12 Automobile sales (Ord. 5-95, 2-28-95)
.13 Gas dispensing station (Ord. 5-95, 2-28-95)
.14 Parking facility or lot (Ord. 5-95, 2-28-95)
.15 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95)
.16 Car wash (Ord. 5-95, 2-28-95)
.17 Animal hospital (Ord. 5-95, 2-28-95)
.18 Temporary storage facility (Ord. 5-95, 2-28-95)
.19 Reverse vending machine (Ord. 5-95, 2-28-95)
.20 Motel (Ord. 5-95, 2-28-95)
.21 Day care facility (Ord. 5-95, 2-28-95)
542. Uses allowed as special exceptions by the Board of Adjustment.
.1 Outdoor sales (Ord. 5-95, 2-28-95)
.2 Storage and warehousing (Ord. 5-95, 2-28-95)
.3 Lumberyard (Ord. 5-95, 2-28-95)
.4 Nursery or greenhouse (Ord. 5-95, 2-28-95)
.5 Automobile service station (Ord. 5-95, 2-28-95)
.6 Motor vehicle repair shop (Ord. 5-95, 2-28-95)
.7 Citizens dropoff for recyclables (Ord. 5-95, 2-28-95)
.8 Buy back center for recyclables (Ord. 5-95, 2-28-95)
.9 Household hazardous waste site (Ord. 5-95, 2-28-95)
.10 Transfer site for recyclables (Ord. 5-95, 2-28-95)
.11 Light processing facility (Ord. 5-95, 2-28-95)
.12 Contractors shop and storage yard (Ord. 5-95, 2-28-95)
.13 Seasonal roadside stand/operation (Ord. 5-95, 2-28-95)
.14 Assembling and packaging (Ord. 5-95, 2-28-95)
.15 Freight handling (Ord. 5-95, 2-28-95)
.16 Manufacturing, light (Ord. 5-95, 2-28-95)
.17 Utility truck and trailer rental (Ord. 5-95, 2-28-95)
.18 Kennel (Ord. 5-95, 2-28-95)
.19 Wholesale trade (0rd. 5-95, 2-28-95)
543. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a fifty (50) foot side yard on the side abutting the residential
district. When adjacent to other than residential districts, no side yard is required;
however, where side yards are provided for such a building, each such side yard
shall not be less than six (6) feet in width.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which yard
shall be not less than twenty (20) feet in depth.
2019rz001
Staff Report
December 2, 2019
Page 1 of 2
BROOKINGS COUNTY DEVELOPMENT
Brookings City & County Government Center
520 3rd Street, Suite 200
BROOKINGS, SOUTH DAKOTA 57006
(605)-696-8350
E-Mail: zoning@brookingscountysd.gov
Brookings County Planning and Zoning Commission- Joint Meeting
With City of Brookings Planning Commission.
December 2, 2019 – 7:00 PM meeting
2019rz001 – December 2, 2019
Prepared by Richard Haugen
Applicant/Owner: Caleb Svartoien, owner of EC Properties LLC, 1806 US Hwy 14, Brookings, SD
57006
Legal Description: “S150’ of the E165’ of Lot 1 Krogman 1st Addition in the SE1/4 SE1/4 of
Section 16, T110N, R50W (Brookings Township)” ~~ located at 1806 US Hwy 14, Brookings, SD
57006.
2019rz001: Caleb Svartoien owner of EC Properties LLC has applied for rezoning of
approximately .56 acres of land from a Joint Jurisdiction R-1B to Joint Jurisdiction B-3. The
property is located in the Brookings County/Brookings City Joint Jurisdictional area at 1806 US
Hwy 14, which is just west the landmark known as Cameron’s Corner. The 2.32 acre parcel was
originally JJ-B-3. The portion that is being rezone was rezoned in 1995 to R-1B to allow a
residence at that location. As noted on the attached plat, there is a 30 feet access easement on
Lot 2 for access to Lot 1, where the property to be rezoned is located. The current owner is
going to move the house off and would like to use the entire parcel for his landscaping
business. The balance of the property is zoned B-3 and this would make the whole parcel B-3
with the City of Brookings having the Zoning Control. The City of Brookings Community
Development has no objections to the rezoning request.
The rezoning request will be heard by a joint meeting of the Brookings County Planning
and Zoning Commission and the City of Brookings Planning and Zoning Commission as it is
located in the Joint Jurisdiction Area. The decision made by the Joint Planning Commission’s is a
recommendation to Brookings County Commission and the Brookings City Council for the final
decision of the rezoning request.
2019rz001
Staff Report
December 2, 2019
Page 2 of 2
Public notices were published in the Brookings Register on November 18 and 26, 2019.
The applicant notified abutting landowner’s by certified mail of the proposed rezoning request
at least 10 days prior to the public hearing.
Letters were sent to the Brookings Township Chairman and Clerk.
Entrance off US Hwy 14 2019rz001: Caleb Svartoien
for EC Properties LLC.
30 feet access
easement driveway on
Lot 2 for Lot 1 access
off US Hwy 14.
House to be moved off.Current B-3 Zoned area north
of house used for landscape
business
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 20-003,Version:2
Second Reading and Action on Ordinance 20-003, an Ordinance Authorizing Supplemental
Appropriation No. 2 to the 2020 Budget.
Summary:
The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant to construct 20th Street South between 22nd Avenue South and 34th
Avenue South along with a new interchange at Interstate 29 and 20 th Street South.
This ordinance will amend the 2020 Budget for the following changes:
1) Create the project account for the 20th Street South BUILD Project.
2) To amend revenue line items for the 20th Street South BUILD Project.
3) To amend expenditure line items for the 20th Street South BUILD Project.
The budget for the project as outlined in the grant application is the following:
BUILD Grant:$18,677,630
City Share:$ 2,000,000
County Share:$ 2,000,000
Private Donor Share:$ 669,407
Total project cost:$23,347,037
(design and construction)
The City will be responsible for the 20% match for the project, which will be split between the
City/County and Private Donors. This budget is being created for the City, County and Private Donor
share of the project.
The proposed budget amendment includes the figures from the project budget outlined in the Grant
Application. The engineering design for the project includes Engineer’s Cost Estimates at 30%, 60%
and 95% intervals to aid in budgeting. There will be future budget amendments to update the project
amounts as the costs are refined.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Ordinance
Map
City of Brookings Printed on 2/6/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer and Jackie Lanning,
City Engineer
Council Meeting: February 11, 2020
Subject: Introduction and First Reading on Ordinance 20-003, an
Ordinance Authorizing Supplemental Appropriation No. 2 to
the 2020 Budget. Second Reading: February 11, 2020.
Person(s) Responsible: Erick Rangel, Chief Financial Officer and Jackie Lanning,
City Engineer
Summary:
This ordinance will amend the 2020 Budget for the following changes:
1) Create the project account for the 20th Street South BUILD Project
2) To amend revenue line items for the 20th Street South BUILD Project
3) To amend expenditure line items for the 20th Street South BUILD Project.
Background:
The City of Brookings has been awarded a federal “Better Utilizing Investments to
Leverage Development (BUILD)” Grant to construct 20th Street South between 22nd
Avenue South and 34th Avenue South along with a new interchange at Interstate 29 and
20th Street South.
The budget for the project as outlined in the grant application is the following:
BUILD Grant: $18,677,630
City Share: $ 2,000,000
County Share: $ 2,000,000
Private Donor Share: $ 669,407
Total project cost: $23,347,037
(design and construction)
The City will be responsible for the 20% match for the project, which will be split
between the City/County and Private Donors. This budget is being created for the City,
County and Private Donor share of the project.
Discussion:
The proposed budget amendment includes the figures from the project budget outlined
in the Grant Application. The engineering design for the project includes Engineer’s
Cost Estimates at 30%, 60%, and 95% intervals to aid in budgeting. There will be future
budget amendments to update the project amounts as the costs are refined.
Legal Consideration:
None.
Financial Consideration:
The revenue from the City, County, and Private Donors will fund the proposed
expenditures for the 20% match for the project.
Following the current Governance & Ends Financial Stability Policy, the City’s
$2,000,000 share will be first funded with restricted cash reserves for economic
development. The current confirmed balance for restricted reserves for economic
development is $1,204,998; the remaining $795,002 will be funded with unrestricted
cash reserves.
If the City Council determines to use unrestricted reserves to fund the full $2,000,000,
Ordinance 20-003 can be amended to reflect this change for the second reading.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Approval of the Ordinance to amend the 2020 Budget.
Supporting Documentation:
1. Ordinance
2. Map
Ordinance 20-003
An Ordinance Authorizing Supplemental Appropriation No.2 to the 2020 Budget
Be It Ordained by the City of Brookings, South Dakota:
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due,
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized
to make the following budget adjustments to the 2020 budget:
Part 1 – Change Increase/(Decrease)
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: January 28, 2020
Second Reading: February 11, 2020
Published: February 14, 2020
CITY OF BROOKINGS
_________________________
ATTEST: Keith W. Corbett, Mayor
____________________________
Bonnie Foster, City Clerk
20th St Interchange Project -
General Fund
101-000-0-210-00 Restricted Economic Development Reserves ($1,204,998)Economic Dev Reserves per G&E policy
101-000-0-102-00 Cash OH/Reserves ($795,002)Unrestricted reserves per CC action
Total Fund Change ($2,000,000)
20th St Interchange Project Fund
528-000-6-700-00 Transfer In General Fund $2,000,000 Income from General Fund
528-000-4-441-08 Reimbursed Expense $2,669,407 Income from County and Private Donors
528-000-5-422-03 Consulting/Engineering $740,558 Estimated cost
528-000-5-940-00 Other Capital $3,928,849 Estimated Cost
Total Fund Change $0
20th Street South BUILD 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 #:RES 20-015,Version:1
Action to approve Resolution 20-015, a Resolution authorizing the City Manager to sign documents
for the 20th Street South BUILD Project EM 0295(45) 130 and PCN 020V.
Summary:
The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage” (BUILD)
Grant to construct 20th Street South between 22nd Avenue South and 34th Avenue South along with a
new interchange at Interstate 29 & 20th Street South.
The City requested the State to function as the administrator for the Project along with the Federal
Highway Administration (FHWA). The City Council authorized the City Manager to sign a
Memorandum of Understanding between the SDDOT and the City at the January 28th City Council
meeting. The MOU outlines the responsibilities of the State and the City and designated the City
Manager as the City’s representative for the project. There will be documents relating to this project
that will need to be authorized with a very short approval time to keep the project on schedule. The
documents include the work order for engineering services, easements, and other project related
documents. The SDDOT will have administration authority for the project and this resolution will
authorize the City Manager to sign project related documents on behalf of the City.
The attached Resolution will authorize the City Manager to sign documents for the 20th Street South
BUILD Project EM 0295(45) 130 and PCN 202V.
Recommendation:
Recommend approval of the resolution as presented to authorize the City Manager to sign
documents for the 20th Street South BUILD Project.
Attachments:
Memo
Resolution
Memorandum of Understanding
Map
City of Brookings Printed on 2/6/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: February 11, 2020
Subject: 20th Street South BUILD Project
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will authorize the City Manager to sign documents for the 20th Street
South BUILD Project on behalf of the City (comprised of City/County/Donors).
Background:
The City of Brookings has been awarded a federal “Better Utilizing Investments to
Leverage” (BUILD) Grant to construct 20th Street South between 22nd Avenue South
and 34th Avenue South along with a new interchange at Interstate 29 & 20th Street
South.
The Brookings City Council approved a Memorandum of Understanding between the
SDDOT and the City via Resolution 20-013 on January 28, 2020 for the State to
administer the 20th Street South BUILD Grant Project along with the Federal Highway
Administration (FHWA).
The project has specific deadlines required by the grant. There will be future
administrative documents which will need to be authorized with a short approval time to
keep the project on schedule. The BUILD Grant funds must be obligated by September
15, 2021, and the grant funds must be expended by September 30, 2026. The following
is a schedule of activities to meet the grant deadlines:
6-39-2020 The CITY will submit PROJECT preliminary Gradeline plans
8-12-2020 The CITY will conduct the Preliminary Design Inspection
10-23-2020 The CITY will conduct the Final Design Inspection
2-16-2020 The CITY will provide a Release to Right-of-Way
2-9-2021 The CITY will release final plans for review to the STATE
6-15-2021 The CITY will provide all certifications, final plans, right-of-way
certifications, environmental clearances, utility certifications, and
necessary state and federal PROJECT documentation
9-15-2021: Anticipated Bid Date
2022: Anticipated Construction
Item Details:
With the City Manager stated as the City’s representative for the 20th Street South
BUILD Project, authorizing the City Manager to sign project documents in a short time
frame will aid in keeping the project on schedule.
Documents to be signed include: work order for engineering services, easements, and
other project-related documents. The SDDOT will have administration authority for the
project and this resolution will authorize the City Manager to sign project related
documents on behalf of the City.
Legal Consideration:
City Attorney Steve Britzman will review the documents prior to the City Manager
signing.
Strategic Plan Consideration:
The agenda item furthers the accomplishment of a City Council Strategic Initiative -
Provide for the planning, financing, and construction of East 20th Street South
Interchange with I-29.
Financial Consideration:
The current budget for the project is as follows:
BUILD Grant: $18,677,630
City: $2,000,000
County: $2,000,000
Private Donors: $669,407
Total project cost: $23,347,037
The City will be responsible for the 20% match for the project, which will be split
between the City/County and private donors. The City is currently drafting Agreements
with the County and private donors. The project budget will be updated as cost figures
are determined. The 2020 budget is currently going through the amendment process to
account for the revenue and expenditures for the project.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move the item to a work session
4. Do nothing
Supporting Documentation:
1. Resolution
2. Memorandum of Understanding
3. Map
Resolution 20-015
Resolution Authorizing the City Manager to Sign Documents for the
20th Street South BUILD Project EM 0295(45) 130 and PCN 020V
Whereas, the Brookings City Council desires the construction of a new interchange at
Interstate 29 and 20th Street South in Brookings, SD; and
Whereas, the City of Brookings (the “City”) has been awarded a federal “Better Utilizing
Investments to Leverage Development (BUILD)” Grant in the amount of $18,677,630.00
towards the project; and
Whereas, the City has requested the State of South Dakota to function as the
administrator for the Project along with the Federal Highway Administration (FHWA);
and
Whereas, the Memorandum of Understanding between the South Dakota Department of
Transportation and the City of Brookings, South Dakota provides that the City designate
its City Manager as the City’s authorized representative.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings, as the
City’s authorized representative, is authorized to sign the work order for professional
services and other documents for 20th Street South BUILD Project EM 0295(45) 130
and PCN 020V.
Dated this 11th day of February, 2020.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
20th Street South BUILD 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 20-0073,Version:1
Executive Session, pursuant to SDCL 1-25-2, for purposes of 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, and
for discussing the qualifications, competence, performance, character or fitness of any public officer
or employee or prospective public officer or employee. The term, employee, does not include any
independent contractor.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1.Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3.Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4.Preparing for contract negotiations or negotiating with employees or employee
representatives;
5.Discussing marketing or pricing strategies by a board or commission of a business owned by
the state or any of its political subdivisions, when public discussion may be harmful to the
competitive position of the business; 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.
City of Brookings Printed on 2/6/2020Page 1 of 1
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