HomeMy WebLinkAbout2021_01_19 CC PKTCity Council
City of Brookings
Meeting Agenda - Final
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
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Council Chambers5:30 PMTuesday, January 19, 2021
Study Session
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.
5:30 PM STUDY SESSION
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. 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.ID 21-0027 Presentation on the 2021 Outside Agency Funding Recommendations.
Memo
Recommendation
Attachments:
6.ID 21-0025 Presentation on future growth of the City of Brookings.
MemoAttachments:
7.ID 21-0024 Discussion on allowance of Fireworks within the City of Brookings City
Limits.
Page 1 City of Brookings
January 19, 2021City Council Meeting Agenda - Final
Memo - City Manager
Memo - City Attorney
City Code - Fireworks
SDCL - Fireworks
Attachments:
8. 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.
9. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Joey Collins, 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.
If a member of the public wishes to attend this meeting virtually in order to provide public comment,
please reach out to the City Clerk's Office at (605) 692-6281 or bfoster@cityofbrookings.org for the
login information. Thank you.
Page 2 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 21-0027,Version:1
Presentation on the 2021 Outside Agency Funding Recommendations.
Summary:
The United Way will present the 2021 outside agency funding recommendations. The City Council's
direction assisted in the creation of an impact rubric for strategic funding. Approximately $266,500
was budgeted for social service agencies.
Attachments:
Memo
Recommendation
City of Brookings Printed on 1/14/2021Page 1 of 1
powered by Legistar™
City Council Study Session Memo
From: Paul M. Briseno, City Manager
Council Work Session: January 19, 2021
Subject: 2021 Outside Agency Funding Recommendations
Person(s) Responsible: Paul M. Briseno, City Manager
Heidi Gullickson, United Way Director
Summary:
The United Way will present the 2021 outside agency funding recommendations. The
City Council's direction assisted in the creation of an impact rubric for strategic funding.
Approximately $266,500 was budgeted for social service agencies.
Background:
Annually, the City Council commits a portion of the budget for outside agency funding.
The 2021 Budget contains $1.4 million for outside agencies. Approximately $225,500 of
the 2021 funds were committed to non-profits through the new United Way funding
process.
In December, the City Council committed an additional $41,000 in one-time funding due
to COVID-19. The United Way received all city social service requests. Total available
funds for distribution is $266,500.
Discussion:
The 2021 City funding request for social service agencies is $293,500 from eleven (11)
local agencies. Attached to this document are each agency’s request and
recommended funding levels. The United Way committee reviewed applications in
December. An impact rubric created through the City Council’s priorities assisted in
providing a recommendation.
Heidi Gullickson will present the recommendation, rubric, and prioritization to the City
Council at the Study Session. On January 26th, the City Council will approve the 2021
Outside Agency Requests.
Legal Consideration:
There are no legal considerations at this time.
Options and Recommendation:
The City Council will review the United Way Outside Agency 2021 recommendations.
On January 26th, the City Council will make a final determination for appropriate
distribution of funds.
Attachments:
Recommendation
Amount funded 2020
Amount funding 2021
% Increase 36%
Agency Allocations 2020
Agency Requests 2021
% Increase 51%
Agency Name/Program Impact Area 2020
Funding
2021
Agency
Funding
Request
2021
Adjusted
Request
2021 Funding
Recommendation
BATA Transportation $95,000 $115,000 $115,000 $115,000
Boys and Girls Club Youth Development $75,000 $75,000 $75,000 $75,000
Brookings Crime Stoppers Safety $2,000 $2,000 $2,000 $2,000
Brookings Empowerment Project Health $2,500 $4,000 $2,500 $2,500
East Central CASA Health $0 $5,000 $5,000 $3,000
Brookings Activity Center Partnership $0 $5,000 $5,000 $0
Brookings County Youth Mentoring Youth Development $6,000 $8,000 $8,000 $7,000
Helpline Center Health $0 $1,000 $1,000 $1,000
Brookings Behavioral Health & Wellness Health $15,000 $25,000 $25,000 $20,000
Brookings Backpack Program Health $0 $25,000 $25,000 $20,000
Brookings Area Habitat for Humanity Housing $0 $30,000 $30,000 $21,000
$195,500 $295,000 $293,500 $266,500
99.49%
195,500$
266,486$
195,000$
295,000$
City of Brookings
2021 Social Service Agency Recommendations
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 21-0025,Version:1
Presentation on future growth of the City of Brookings.
Summary:
The City invested in a new GIS division that has worked seamlessly with the Development Review
Team (DRT). Staff developed a presentation of existing and future residential, commercial, and
industrial development based on strategic plans.
Staff will provide a brief of the presentation for informational purposes only.
Attachments:
Memo
City of Brookings Printed on 1/14/2021Page 1 of 1
powered by Legistar™
City Council Study Session Memo
From: Paul M. Briseno, City Manager
Council Work Session: January 19, 2021
Subject: Future Growth of Brookings
Person(s) Responsible: Paul M. Briseno, City Manager
Mike Struck, Community Development Director
Jackie Lanning, City Engineer
Steve Meyer, Utilities General Manager
Summary:
The City invested in a new GIS division that has worked seamlessly with the
Development Review Team (DRT). Staff developed a presentation of existing and
future residential, commercial, and industrial development based on strategic plans.
Staff will provide a brief of the presentation for informational purposes only.
Background:
The City of Brookings has a progressive group of staff available to review projects.
The DRT works with project representatives to identify opportunities and resolve
potential issues before plans are finalized. This process is designed to save time and
money.
Attendees present an overview, location, and any concerns about their project.
Complete development plans are not necessary for the initial meeting; however, any
support information provided is appreciated and helps facilitate a better discussion. All
discussion at DRT is confidential.
Discussion:
The presentation is given to the Council and public for informational purposes only. The
information will assist in proper development that protects neighborhoods and fosters
efficient and effective processes for all.
Legal Consideration:
There are no legal considerations at this time.
Options and Recommendation:
The presentation is given for informational purposes only.
Links:
Brookings Interactive Future Growth Presentation: https://arcg.is/1SObPO0
Development Review Team (DRT) Website Page:
https://www.cityofbrookings.org/572/Development-Review-Team-DRT
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 21-0024,Version:1
Discussion on allowance of Fireworks within the City of Brookings City Limits.
Summary:
A request for the review of fireworks within Brookings city limits for the 2021 Fourth of July holiday
was made. State Law allows the discharge of fireworks at the discretion of municipalities. City Code
does not allow discharge, but for special events through a process. City Council will need to
determine if Brookings will allow the discharge of fireworks within the city limits.
Background:
City Code Article IV. - Prohibited use of fireworks within Brookings city limits.
<https://library.municode.com/sd/brookings/codes/code_of_ordinances?nodeId=CH34FIPRPR_ARTIVFI>
It is unlawful for any person to use or explode any fireworks in the city or to offer for sale, expose for
sale or sell at retail any fireworks in the city, except as provided in subsections (c) through (g) of this
section.
State law 34-37-16.1 <https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?
Type=Statute&Statute=34-37-16.1>. -Periods during which use of consumer fireworks permitted--
Violation as misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the
person uses consumer fireworks except during the period from June twenty-seventh to the first
Sunday after July fourth, and during the period beginning December 28 to January 1.
Recommendation:
Staff recommends the City Council determine if the discharge of fireworks is desired in Brookings. If
desired, staff will work towards a recommended code revision.
Attachments:
Memo - City Manager
Memo - City Attorney
City Code
SDCL
City of Brookings Printed on 1/14/2021Page 1 of 1
powered by Legistar™
City Council Study Session Memo
From: Paul M. Briseno, City Manager
Council Work Session: January 19, 2021
Subject: Allowance of Fireworks within City Limits
Person(s) Responsible: Paul M. Briseno, City Manager
Summary:
Council Member Brink requested the review of fireworks within Brookings city limits for
the 2021 Fourth of July holiday. State Law allows the discharge of fireworks at the
discretion of municipalities. City Code does not allow discharge, but for special events
through a process. City Council will need to determine if Brookings will allow the
discharge of fireworks within the city limits.
Background:
City Code Article IV. - Prohibited use of fireworks within Brookings city limits.
https://library.municode.com/sd/brookings/codes/code_of_ordinances?nodeId=CH34FIPRPR_ARTIVFI
It is unlawful for any person to use or explode any fireworks in the city or to offer for
sale, expose for sale or sell at retail any fireworks in the city, except as provided in
subsections (c) through (g) of this section.
State Law 34-37-16.1. - Periods during which use of consumer fireworks permitted --
Violation as misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2
misdemeanor if the person uses consumer fireworks except during the period from June
twenty-seventh to the first Sunday after July fourth, and during the period beginning
December 28 to January 1.
Discussion:
Council Member Brink requested the review of the prohibited use of fireworks in
Brookings over the July holiday. State law allows the discharge, and Brookings has a
specific code prohibiting the discharge of fireworks.
Should the Council allow the discharge, numerous considerations should be discussed
and determined by early spring. Specifics include:
Dates for discharge
Times for discharge
Special regulations such as the number of tents, locations, signage, fees, etc.
Residential concerns include noise complaints, animal disturbance, small fires, etc.
The Fire Chief, Police Chief, City Attorney, and City Clerk will be in attendance.
Legal Consideration:
There are no legal considerations at this time.
Options and Recommendation:
Staff recommends the City Council to determine if the discharge of fireworks is desired
in Brookings. If desired, staff will work towards a recommended code revision.
Attachments:
City Code
SDCL
Memorandum
To: Mayor Keith Corbett and City Council Members, Paul Briseno, City Manager
and Bonnie Foster, City Clerk
From: Steven J. Britzman, City Attorney
Date: January 13, 2021
Re: City of Brookings regulation of consumer fireworks within the city limits
Discussion
Section 34-123 of the Code of Ordinances of the City of Brookings prohibits the
use of fireworks in the city pursuant to the following:
(b) Use or sale prohibited; exception. It is unlawful for any person
to use or explode any fireworks in the city or to offer for sale,
expose for sale or sell at retail any fireworks in the city, except as
provided in subsections (c) through (g) of this section (which
pertains to permits for public displays of fireworks).
A similar ordinance restricting the use of fireworks in the city limits dates back to
at least 1991, as I reviewed prior versions of this ordinance adopted in 1996 and
1991. Provided the user complies with the State law requirements for the time
frame for use of fireworks provided under 34-37-16.1 below, the City can by
ordinance determine whether fireworks can be used within the city limits pursuant
to the following statute—9-33-1.
9-33-1. Storage of combustible material--Open fires--Fireworks.
Every municipality shall have power to regulate or prohibit the storage of
combustible or explosive material, the use of open flame lights, the building of
bonfires, and the use or sale of fireworks.
Source:
34-37-16.1. Periods during which use of consumer fireworks permitted--
Violation as misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2
misdemeanor if the person uses consumer fireworks except during the period
Steven J. Britzman
Brookings City Attorney
521 Sixth Street, Suite 104 Telephone (605) 697-9058
Brookings, South Dakota 57006 Facsimile (605) 697-9060
Email: britzmanlaw@brookings.net
_____________________________________________________________
from June twenty-seventh to the first Sunday after July fourth, and during the
period beginning December twenty-eighth to January first.
City of Brookings - Code
ARTICLE IV. - FIREWORKS[2]
Footnotes:
--- (2) ---
State Law reference— Fireworks, SDCL 34-37-1 et seq.
Sec. 34-121. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings prov ided
in this section, except where the context clearly indicates a different meaning:
Fireworks means any combustible or explosive composition, or any substance or combination of
substances, or articles prepared for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy
canes or toy guns in which explosives are used, the type of balloons which require fire underneath to
propel the same, firecrackers, torpedoes, skyrockets, model rockets, Roman candles, dago bombs,
sparklers or other devices of like construction and any devices containing any explosive or flammable
compound, or any tablets or other devices containing any explosive substanc es, except that the term
"fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a
grain of explosive content per cap manufactured in accordance with the state department of
transportation regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy
guns or other devices for use of such caps, the sale and use of which shall comply with the applicable
provisions of the International Fire Code.
(Code 1996, § 14-71)
Cross reference— Definitions generally, § 1-2.
Sec. 34-122. - Scope of article.
(a) This article shall apply to fireworks, except as provided in subsection (b) of this section.
(b) Nothing in this article shall be construed to prohibit any resident wholesaler or dealer to sell at
wholesale such fireworks as are not prohibited in this article, or to prohibit the use of fireworks by
railroads or other transportation agencies for signal purposes or illumination, or for signal or
ceremonial purposes in athletics or sports, or for use by military organizations. Such wholesalers and
dealers shall store their supplies of fireworks in accordance with the applicable provisions of the
International Fire Code.
(Code 1996, § 14-70)
Sec. 34-123. - Manufacture, sale and discharge.
(a) Manufacture. The manufacture of fireworks is prohibited within the city.
(b) Use or sale prohibited; exception. It is unlawful for any person to use or explode any fireworks in the
city or to offer for sale, expose for sale or sell at retail any f ireworks in the city, except as provided in
subsections (c) through (g) of this section.
(c) Permits for displays. The fire chief may adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks by fair a ssociations, amusement parks and other
organizations or groups of individuals. Such rules and regulations must be designed to further public
safety. Such permits may be granted upon application to the fire c hief. Every such display shall be
handled by a competent operator approved by the fire chief and shall be of such composition,
character and so located, discharged or fired as in the opinion of the fire chief, after proper
inspection, will be reasonably safe and not hazardous to property. Any public display shall comply
with the National Fire Protection Association Standard 1123, 1995 edition.
(d) Application; transfer. Application for permits shall be made in writing at least 30 days in advance of
the date of the display. After such privilege has been granted, sale, possession, use and distribution
of fireworks for such display shall be lawful for that purpose only. No permit granted under article
shall be transferable.
(e) Insurance coverage. Before a permit may be issued, the applicant shall file with the fire chief a
certificate or policy of insurance issued by a responsible insurer, which policy shall be an all -perils
policy providing coverage in amounts of at least the minimum amount established by resolution of
the city and which shall name the city as an additional insured.
(f) Conduct of display. The sale, possession, use and distribution of fireworks for public purposes shall
be conducted so as to be reasonably safe to persons and property and in accordance with the
International Fire Code.
(g) Exception. Airport personnel and/or agents under the direction of the airport manager who need to
eliminate and/or remove birds or animals from the airport are authorized to discharge noisemaking
fireworks for that purpose.
(Code 1996, § 14-72)
State Law reference— Public displays of fireworks, SDCL 34-37-13.
Sec. 34-124. - Disposal of unfired fireworks.
Any fireworks that remain unfired after the public display is concluded shall be immediately disposed
of in a manner which is safe for the particular type of fireworks remaining.
(Code 1996, § 14-73)
Sec. 34-125. - Seizure.
The fire chief may seize, take, remove or cause to be removed at the expense of the owner all
stocks of fireworks offered or exposed for sale or possessed in violation of this article.
(Code 1996, § 14-74)
SDCL 34-37-16.1 - Fireworks
34-37-16.1. Periods during which use of consumer fireworks permitted--Violation as
misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the
person uses consumer fireworks except during the period from June twenty-seventh to the first
Sunday after July fourth, and during the period beginning December twenty-eighth to January
first.
Source: SL 1983, ch 259, § 7; SL 2011, ch 162, § 3; SL 2013, ch 162, § 1; SL 2019, ch 154,
§ 21, eff. Mar. 20, 2019.