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Home My WebLink About2021_01_26 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 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, January 26, 2021 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. Action to approve the January 12 and January 19, 2021 City Council minutes. ID 21-00283.B. 1/12/2021 Minutes 1/19/2021 Minutes Attachments: Page 1 City of Brookings January 26, 2021City Council Meeting Agenda - Final Action to abate property taxes in the amount of $1,779.39 for Parcel #40120-00100-017-00, also known as 659 Faculty Drive, City of Brookings, owner. Legal description: Lot 17 College Addition. ID 21-00363.C. Abatement Application Location Map Attachments: Action to abate property taxes in the amount of $1,455.94 for Parcel #40372-00600-007-00, also known as 1719 Augusta Circle, Patrick J and Patricia Corey, owners. Legal description: Lot 7 Block 6, Moriarty Edgebrook Addition. ID 21-00373.D. Abatement Application Location Map Attachments: Action to abate a portion of the 2021 Drainage Fee in the amount of $2,129.28 for Parcel Number 40316-00100-000-00, otherwise known as 241 34th Avenue, Maize Properties, Inc., owner. ID 21-00453.E. Abatement Form Map Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: Introduction of new and/or promoted City of Brookings employees.ID 21-00385.A. Presentation of a Proclamation celebrating Brookings Arts Council Day.ID 21-00515.B. ProclamationAttachments: 5.C. SDSU Student Association Report. 5.D. 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. 6. Contracts/Change Orders: None 7. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. Page 2 City of Brookings January 26, 2021City Council Meeting Agenda - Final Introduction and First Reading on Ordinance 21-001, an Emergency Ordinance Amending Emergency Ordinance 20-029 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: February 9, 2021. ORD 21-0017.A. Memo Ordinance - clean Ordinance - marked COVID Thresholds Attachments: Introduction and First Reading on Ordinance 21-002, an Ordinance Authorizing Supplemental Appropriation #1 to the 2021 Budget - Parts 1 and 2. Second Reading: February 9, 2021. ORD 21-0027.B. Memo Ordinance Ordinance 20-022 Resolution 20-111 2020 Sales Tax Receipts Attachments: 8. Public Hearings and Second Readings: Public Hearing and Action on Resolution 21-008, a Resolution Levying Assessment for Project 2019-01SWR, 2019 Sidewalk Repair Sites. RES 21-0088.A. Memo Resolution Assessment Roll Resolution 19-043 Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Public Hearing and Action on Resolution 21-009, a Resolution Levying Assessment for Project 2020-01SWR, 2020 Sidewalk Repair Sites. RES 21-0098.B. Memo Resolution Assessment Roll Resolution 20-052 Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 3 City of Brookings January 26, 2021City Council Meeting Agenda - Final Public Hearing and Action on a request for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite A, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. ID 21-00308.C. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Public Hearing and Action on a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suite A, Todd Voss, owner, 141 Main Ave. So., legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. ID 21-00338.D. Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Current Video Lottery List Current Video Lottery Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 4 City of Brookings January 26, 2021City Council Meeting Agenda - Final Public Hearing and Action on a request for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite B, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. ID 21-00318.E. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Public Hearing and Action on a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suite B, Todd Voss, owner, 141 Main Ave. So., legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. ID 21-00348.F. Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Current Video Lottery List Current Video Lottery Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 5 City of Brookings January 26, 2021City Council Meeting Agenda - Final Public Hearing and Action on a request for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite C, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. ID 21-00328.G. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Public Hearing and Action on a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suite C, Todd Voss, owner, 141 Main Ave. So., legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. ID 21-00358.H. Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Current Video Lottery List Current Video Lottery Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: Action on 2021 Outside Agency Funding Recommendations.ID 21-00549.A. Memo Recommendation Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 6 City of Brookings January 26, 2021City Council Meeting Agenda - Final Action on a Preliminary Plat for Lots 1-9, Block 3A and Lots 1-3, Block 7, in Prairie Hills Addition. ID 21-00429.B. Memo Legal Notice Planning Commission Minutes Preliminary Plat Area Map Zoning Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on Resolution 21-007, a Resolution authorizing the Retirement of Brookings Municipal Utility Bonds. RES 21-0079.C. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on Resolution 21-010, a Resolution Amending the Consolidated Fee Schedule. RES 21-0109.D. Memo Resolution Fee Schedule - Marked Fee Schedule - Clean Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on Resolution 21-011, a Resolution Authorizing the Mayor to Execute a Property Transfer Agreement with the State of South Dakota. RES 21-0119.E. Memo Resolution Agreement Exhibit Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings Progress Report.ID 21-004810. January Progress ReportAttachments: COVID-19 Update.ID 21-004911. COVID UpdateAttachments: Page 7 City of Brookings January 26, 2021City Council Meeting Agenda - Final 12. 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. Executive Session, pursuant to SDCL 1-25-2.5, for 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. ID 21-005013. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 14. 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 8 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 21-0028,Version:1 Action to approve the January 12 and January 19, 2021 City Council minutes. Attachments: 01/12/2021 Minutes 01/19/2021 Minutes City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ Brookings City Council January 12, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, January 12, 2021 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Keith Corbett and Council Members Patty Bacon, Leah Brink, Joey Collins, Oepke Niemeyer, Holly Tilton Byrne, and Nick Wendell. 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 Wendell, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. 3.A. Action to approve the agenda. 3.B. Action to approve the December 15, 2020 City Council Minutes. 3.C. Action on Resolution 21-001, a Resolution Designating the Depositories for Municipal Funds. Resolution 21-001 - Resolution Designating Official Depositories Pursuant to SDCL 9-22-6, the City Council of the City of Brookings, SD, hereby designates the following as depositories for Municipal Funds of the City of Brookings for the ensuing year: First Bank & Trust, Wells Fargo Bank, Bank Star Financi al, Dakotah Bank, Meta Bank, Dakotaland Federal Credit Union, Great Western, and SD Public Fund Investment Trust. 3.D. Action on Resolution 21-002, a Resolution Designating the Official Newspaper. Resolution 21-002 - Resolution Designating the Official Newspaper Pursuant to SDCL 9-12-6, the City Council of the City of Brookings, SD, hereby designates the Brookings Register as the official newspaper for the City of Brookings for the ensuing year. 3.E. Action on Resolution 21-004, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2019 -01SWR, 2019 Sidewalk Repair Sites. Resolution 21-004 - Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2019-01SWR, 2019 Sidewalk Repair Sites Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution 19-043, Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2019-01SWR. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Sidewalk Assessment Project No. 2019-01SWR has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The assessment roll for Sidewalk Assessment Project No. 2019 -01SWR was filed in the office of the City Clerk on the 5th day of January, 2021 and the City Council shall Brookings, SD on Tuesday, the 26th day of January, 2021, at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll. 4. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement. The assessment shall be divided into five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). 5. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 6. The City Clerk is authorized and directed to publish notice in the official newspaper at least one week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed for the improvement at the address shown by the records of the Director of Equalization not less than ten nor more than twenty days prior to the hearing. 3.F. Action on Resolution 21-005, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2020 -01SWR, 2020 Sidewalk Repair Sites. Resolution 21-005 - Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2020-01SWR, 2020 Sidewalk Repair Sites Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution 20-052, Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2020-01SWR. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Sidewalk Assessment Project No. 2020-01SWR has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The assessment roll for Sidewalk Assessment Project No. 2020-01SWR was filed in the office of the City Clerk on the 5th day of January, 2021 and the City Council shall meet in the Chambers at the City & County Government Center, 520 3rd Street, Brookings, SD on Tuesday, the 26th day of January, 2021, at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll. 4. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement. The assessment shall be divided into five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). 5. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 6. The City Clerk is authorized and directed to publish notice in the official newspaper at least one week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed for the improvement at the address shown by the records of the Director of Equalization not less than ten nor more than twenty days prior to the hearing. SDSU Students Association Report. Zebadiah Johnson, SDSU Students Association Government Affairs Chair, provided an update on SDSU happenings to the City Council and public. Recognition of City of Brookings Employee Service Awards. Susan Rotert, Human Resources Director, presented to the City Council and public the following employees whom have reached a service milestone with the City of Brookings: Community Development Department: Jared Thomas (5 years); Engineering Department: Lana Schwartz (10 years) and Jacqueline Lanning (30 years); Information Technology Department: Korku Kpohyoh (5 years); Library: Nita Gill (10 years) and Betsy Lenning (25 years); Landfill / Solid Waste Department: Jeremy Janssen (5 years) and Brian Klingbile (10 years); Liquor Store: Brian Hanson (5 years); Park, Recreation & Forestry Department: Edgebrook Golf Course: Greg Redenius (5 years); Forestry: Larry Maag (10 years); Shop: Mark Bren (10 years); Technicians: Stephen Hartung (5 years) and Paul Laleman (10 years); Police Department: Luke DeJong (5 years), Jorrie Hart (5 years), Joshua Schneider (10 years), and Drew Garry (10 years); Police Reserves: Josh Mann (10 years) and Justin Borns (10 years); Volunteer Firefighters: Dalton Holm (5 years), Lori Mergen (5 years), Rob Schuneman (5 years), Kevin Hilmoe (10 years), Dana Bruna (20 years), Jeremy Scott (20 years), and Curt Teal (30 years); Street Department: Eric Hanson (5 years) and James Becker (30 years). Resolution 21-003. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Resolution 21-003, a Resolution Authorizing Change Order No. 2 (Final) for the 2019-03STI, 20th Street South Improvement Project; Bowes Construction Co., Inc., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-003 - Resolution Authorizing Change Order No. 2, Final, for 2020-03STI, 20th Street South Improvement Project; Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2020-03STI, 20th Street South Improvement Project, Bowes Construction Co., Inc.: Construction Change Order Number 2 (Final): Adjust plan quantities to as-constructed quantities for a total increase of $61,177.49 to close out the project. On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale Malt License for Livermont Enterprises, LLC, dba Newman Convenience Store, Ryan Livermont, owner, for 503 6th Street, legal description: West 100’ Lot 1, West 100’ of the South ½ Lot 2, Block 4, Peterson Second Addition. Video Lottery is not requested at this time. A motion was made by Council Member Collins, seconded by Council Member Wendell, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 20-025. A public hearing was held on Ordinance 20-025, an Ordinance rezoning 22 acres from a Residence R1-B single family district to R-3 apartment district (generally located south of 20th St. So. and West of Valley View Addition). A motion was made by Council Member Collins, seconded by Council Member Brink, that Ordinance 20-025 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Preliminary Plat. A motion was made by Council Member Wendell, seconded by Council Member Collins, that a Preliminary Plat for Lots 1-27, Block 1; Lots 1-2, Block 2; Lots 1-21, Block 3; Lots 1-13, Block 4; Lots 1-12, Block 5; Lots 1-11, Block 6; all in River Run Addition, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 20-026. A public hearing was held on Ordinance 20-026, an Ordinance to permit by Conditional Use a CNC Machine Shop in the Residence R1-C Single-Family District on Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Drive. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Ordinance 20-026 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-006. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Resolution 21-006, a Resolution Authorizing a Loan Agreement with Friends of Baseball, Inc., for Reimbursement of Bob Shelden Field Turf, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-006 - Resolution Authorizing a Loan Agreement with Friends of Baseball, Inc., for Reimbursement of Bob Shelden Field Turf Whereas, the City of Brookings is installing field turf at Bob Shelden Field, and Friends of Brookings Baseball, Inc., has agreed to reimburse the City of Brookings the sum of $223,000 Dollars for the partial costs of installation of this field turf, and Whereas, this Agreement for cost sharing of the field turf furthers the recreational and economic development of the City of Brookings, and is therefore authorized pursuant to South Dakota Codified Laws, Chapter 9-54 and acts amendatory thereto, and Whereas, the City hereby accepts a loan agreement from Friends of Brookings Baseball, Inc., whereby Friends of Brookings Baseball, Inc., has agreed to reimburse the City of Brookings the principal sum of $223,000 Dollars for the partial cost of installation of field turf at Bob Shelden Field on or by June 1, 2021. Now, Therefore, Be It Resolved by the City of Brookings that the City hereby approves a Loan Agreement with Friends of Brookings Baseball, Inc., consistent with the terms of this Resolution for the reimbursement of the partial costs of installation of field turf at Bob Shelden Field. COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the City Council and public. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Wendell, that this meeting be adjourned at 6:24 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk City of Brookings 2021 Payroll – SDCL 6-1-10 (Addendum to the January 12, 2021 City Council Minutes.) E911: Morgan Brandenburg, Communications Operator, 20.23; Jennifer Brown, Communications Operator, 21.06; James DeBough, Communications Operator, 21.06; Sara Howe, Communications Operator, 23.63; Caleb Johnson, Communications Operator, 21.87; Tracy Johnson, Communications Operator, 23.63; Jolynn Longville, Communications Commander, 36.88; Teresa Lopez, Communications Operator, 21.06; Monic Roland, Communications Operator, 23.63; Cole Webb, Communications Operator, 19.23 Storm Drainage: Bret Henning, Stormwater Technician, 26.27; John Miraglia, Storm Drainage Technician, 24.36. City Council: Patricia Bacon, Council Person, 600.00; Leah Brink, Council Person, 600.00; Joey Collins, Council Person, 600.00; Keith Corbett, Mayor, 800.00; Oepke Niemeyer, Council Person, 600.00; Holly Tilton Byrne, Council Person, 600.00; Nicholas Wendell, Council Person, 600.00. City Clerk: Bonnie Foster, City Clerk, 36.39. City Manager: Chelsie Bakken, Public Information Officer, 30.11; Paul Briseno, City Manager, 77.13; Jacob Meshke, Assistant City Manager, 59.91; Angela Ritter, Executive Administrative Assistant, 25.48. Human Resources: Casey Bell, Human Resources Generalist, 33.90; Nancy Olson, Human Resources Assistant, 23.19; Susan Rotert, Hum an Resources Director, 44.83. Finance: Gwendlyn Madsen, Accounting Specialist, 29.88; Brenda McCracken, Accounting Specialist-Liquor, 29.88; Erick Rangel, Chief Financial Officer, 60.08; Ashley Rentsch, Deputy Finance Manager, 35.13. IT: Don Goff, IT Manager, 39.58; Korku Kponyoh, IT Specialist, 32.18. Community Development: Patrick Ammann, Building Inspector, 27.38; Katie Bortnem, Code Enforcement Officer, 26.83; Thomas Chandler, Building Inspector 25.60; Aaron Karl, GIS Specialist, 26.95; Sarah Keizer, Code Enforcement Officer, 26.83; Ryan Miller, City Planner, 37.41; Michael Struck, Community Development Director, 59.31; Jared Thomas, Chief Building Official, 38.73. Engineering: Thad Drietz, Assistant City Engineer, 40.37; Jacqueline Lanning, City Engineer, 64.05; Lana Schwartz, Office Manager, 25.33. Police: Timothy Andersen, Patrol Officer, 29.48; Travis Asmus, Patrol Officer, 27.52; Logan Baldini, Patrol Officer, 26.87; Seth Bonnema, Patrol Officer, 29.48; Nathan Bowden, Patrol Officer, 26.87; Keshaun Britt, Patrol Officer, 25.86; Terry Coon, Patrol Lieutenant, 40.34; Luke DeJong, Patrol Officer, 29.48; Sean Doremus, Patrol Officer, 27.52; Dustyn Engstrom, Patrol Officer, 26.87; David Erickson, Chief of Police, 55.70; Joseph Fishbaugher, Assistant Chief, 40.48; Brian Franklin, Sergeant, 32.79; Drew Garry, Patrol Lieutenant, 40.15; Marci Gebers, Investigative Lieutenant, 39.46; Jorrie Hart, Patrol Officer, 29.48; Austin Kreutner, Patrol Officer, 26.87; Rhett Larsen, Patrol Officer, 27.52; Christine Larson, Office Manager, 25.33; Eric Lee, Patrol Officer, 27.52; Liebl, Benjamin, Patrol Officer, 24.84; Nick Oines, Patrol Officer, 24.84; Joel Perry, Patrol Sergeant, 33.89; Shawn Peterson, Sergeant, 33.89; Geoffrey Pollman, Patrol Officer, 29.48; Trevor Radtke, Evidence Technician/Clerk, 21.90; Darryl Ray, Patrol Officer, 24.00; Dana Rogers, Patrol Officer, 29.48; Joshua Schneider, School Resource Officer, 29.48; Adam Smith, Patrol Officer, 29.48; Anthony Sonnenburg, Sergeant, 33.89; Keith Theroux, Patrol Officer, 28.37; Gabriel Trout, 24.84, Patrol Officer; Jacob Vukovich, Patrol Officer, 27.52; Eric Warkenthien, Patrol Officer, 28.37; Damian Weets, Patrol Officer, 29.48; Jonathan Weinrich, Sergeant, 31.50; Caleb Wilson, Patrol Officer, 26.87. Fire: Peter Bolzer, Deputy Fire Chief, 43.60; Darrell Hartmann, Fire Chief, 54.50; Jared Runge, Office/Shop Manager, 22.53; Jeremy Scott, Fire & Life Safety Technician, 28.65. Street: Dale Algood, Shop Supervisor/Mechanic, 27.52; Kurt Athey, Street Maintenance Technician, 23.90; Jeremy Linstad, Street Superintendent/Project Manager, 41.83; James Becker, Street Supervisor, 27.52; Michael Billet, Street Maintenance Technician, 23.90; Eric Hanson, Street Maintenance Technician, 23.90; Derk Hartenhoff, Advanced Equipment Operator, 25.33; Todd Johnson, Street Supervisor, 27.52; Justin Kahler, Street Maintenance Technician, 22.50; Josh McClain, Street Supervisor, 27.52; Zachoriah Thelen, Street Maintenance Technician, 21.25; Martin Wagner, Advanced Equipment Operator, 24.36. Animal Control: Bailey Jo Galbraith, Community Service Officer, 24.82. Recreation: Stacy Claussen, Recreation Manager, 34.61; Darren Hoff, Recreation Manager, 34.61; Ronda May, Office Manager, 23.19. Park: Joshua Bauman, Parks Supervisor, 27.52; Mark Bren, Shop Supervisor/Mechanic, 27.52; Ryan Burggraff, Parks Technician, 23.90; William deBlonk, Park Supervisor, 27.52; Paul Erickson, Parks Supervisor, 27.52; Stephen Hartung, Parks Technician, 23.90; Matthew Hillenbrand, Parks Technician, 22.96; Breann Julius, Parks Technician, 22.06; Allen Kruse, Parks & Forestry Superintendent, 37.38; Paul Laleman, Parks Technician, 23.90; Dustin Rodiek, Parks, Recreation & Forestry Director, 50.20; Payton Schultz, Park Technician, 21.25; Brett Torgrude, Building Trades Technician, 23.90. Forestry: Christopher Engbrecht, Forestry Technician, 23.90; Larry Maag, Forestry Supervisor, 27.52; Daniel Timm, Forestry Technician, 19.62. Library: Jennifer Anderson, Administrative Assistant-Library, 21.68; Katie Burggraff, Young Adult Services Coordinator, 24.32; Katherine Eberline, Children’s Services Librarian, 28.44; Nita Gill, Adult Services Librarian, 31.94; Ashia Gustafson, Director of Library Services, 42.70; Alice Hayes, Circulation Manager, 23.90; Betsy Lenning, Interlibrary Loan Services Coordinator, 21.27; Mikaela Neubauer, Community Services Coordinator, 20.04; Nancy Swenson, Technology Services Librarian, 30.74; Grace Timmerman, Circulation/Technician Services Assistant, 19.64. Liquor: Kristina Bergstrom, Liquor Store Clerk, 18.63; Bill Heldt, Liquor Store Manager, 33.99; Andrew Ekeland, Inventory Control/Digital Marketing Clerk , 21.68; Brian Hanson, Inventory Control Clerk, 22.53. Airport: Lucas Dahl, Airport Operations / Maintenance Technician, 25.33; Matthew Sommerfeld, Airport Manager, 35.13. Edgebrook Golf Course: Nick Picek, Golf Technician, 34.32; Greg Redenius, Golf Course Superintendent, 34.32. Solid Waste Collection: Paul Hartley, Sanitation Collector, 23.90; Tim Huber Sanitation Collector, 23.90; Jeremy Janssen, Sanitation Collector, 23.90; Brian Klingbile, Sanitation Collector, 23.90; Aaron Mumby, Sanitation Collector, 23.90. Solid Waste Disposal: Calvin Cook, Heavy Equipment Operator, 26.83; Todd Langland, Director of Solid Waste Management; 51.90; Rodney Olson, Heavy Equipment Operator, 26.83; Garry Prussman, Heavy Equipment Operator, 26.83; Todd Smidt, Advanced Equipment Operator, 25.33. City of Brookings Volunteer List – Resolution 16-025 (Addendum to the January 12, 2021 City Council Minutes.) Brookings City Library Volunteers: Cheryl Riley; Brookings City Fire Department Volunteers: Major Anderson, Kurt Athey, John Austin, Kevin Banken, Alex Berkness, Pete Bolzer, Derek Brown, Dan Bruna, Nick Casstevens, Bret Christianson, Dillon Collins, Tom Coughlin, Mandi Cramer, Roger DeBates, Monte Gummer, Scott Hallan, Bill Hardin, Darrell Hartmann, Troy Herrig, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim Kriese, Mike Lambertus, Brett Lawrence, Brandon Long, Jaque Mann, Joshua Mann, Lori Mergen, Nick Oines, Keegan Reeves, Steven Rensink, Connor Ringling, Jared Runge, Tim Rynearson, Rob Schuneman, Jeremy Scott, Jesse Seas, Austin Sechser, Lucas Speakman, Charles Stephenson, Shannon Stuefen, Curt Teal, Anthony Teesdale, Natanr Vandersnick, Adam Vaux, and Fabian Ysker. Brookings City Police Department Reserve Unit: Mark Anawsk, Justin Borns, Andrew Erickson, Zach Erickson, Josh Henslin, Matthew Luebbert, Jaque Mann, Joshua Mann, Cora Olson, and Ben Quam. Brookings City Council January 19, 2021 (unapproved) The Brookings City Council held a Study Session on Tuesday, January 19, 2021 at 5:30 PM, at the Brookings City & County Government Center Chambers with the following City Council members present: Mayor Keith Corbett; City Council Members Patty Bacon, Nick Wendell, Joey Collins, Leah Brink, 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. Action to approve the agenda. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Collins; Absent: 1 - Tilton Byrne. Presentation on the 2021 Outside Agency Funding Recommendations. Heidi Gullickson, United Way Director, presented the 2021 Outside Agency funding recommendations to the City Council and the public. Action will be taken at a future City Council meeting. Presentation on the future growth of the City of Brookings. Mike Struck, Community Development Director, Aaron Karl, GIS Specialist, Jackie Lanning, City Engineer, and Steve Meyer, CEO and General Manager of Brookings Municipal Utilities presented information on the future growth of the City of Brookings to the City Council and the public. Discussion on allowance of Fireworks within the City of Brookings City Limits. Discussion was held on allowing fireworks to be sold and discharged within the City Limits. No future action was requested at this time. Adjourn.A motion was made by Council Member Collins, seconded by Council Member Wendell, that this meeting be adjourned at 6:47 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 21-0036,Version:1 Action to abate property taxes in the amount of $1,779.39 for Parcel #40120-00100-017-00, also known as 659 Faculty Drive, City of Brookings, owner. Legal description: Lot 17 College Addition. Summary: The City of Brookings has applied to abate a portion of their property taxes in the amount of $1779.39 for Lot 17 College Addition, City of Brookings (659 Faculty Drive). Parcel #40120-00100- 017-00. This property was purchased on April 9, 2020. County Assessor Calculations: 2020 pay 2021 tax = $2,372.48 $2,372.48/12 = $197.71 per month Abate 9 months = $1,779.39 Fiscal Impact: The property tax revenue will be reduced by $1,779.39. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 401200010001700 Sec/T wp/Rng -- Pr oper ty Address 659 FAC UL TY DR BROOKINGS Alter nate ID n/a Class G Acr eage n/a O w ner Addr ess BRO OKINGS C ITY 520 3RD ST STE 230 BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption C O LLEGE ADDITION, L O T 17 49.75 X 165 & 50.25 X 185 (Note: Not to be used on leg a l documents) Date created: 1/21/2021 Last Data Uploa ded: 1/21/2021 8:17:28 AM 128 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels 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 21-0037,Version:1 Action to abate property taxes in the amount of $1,455.94 for Parcel #40372-00600-007-00, also known as 1719 Augusta Circle, Patrick J and Patricia Corey, owners. Legal description: Lot 7 Block 6, Moriarty Edgebrook Addition. Summary: Patrick J and Patricia Corey, 1719 Augusta Circle, has applied to abate a portion of the property taxes in the amount of $1,455.94 for Lot 7 Block 6, Moriarty Edgebrook Addition. Parcel #40372- 00600-007-00. An error on Assessment was discovered where mistakenly removed OCC status from property. The above amount reflects the difference between NA taxes billed, and where the tax bill should have gone out at OCC levy. Fiscal Impact: The property tax revenue will be reduced by $1,455.94. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0045,Version:1 Action to abate a portion of the 2021 Drainage Fee in the amount of $2,129.28 for Parcel Number 40316-00100-000-00, otherwise known as 241 34th Avenue, Maize Properties, Inc., owner. Summary: The City received a request for a site study to calculate the Drainage Fee for Parcel Number 40316- 00100-000-00, otherwise known as 241 34th Avenue. City staff calculated a Drainage Fee based on the current impervious area to determine the Drainage Fee. The site study calculated the 2021 Drainage Fee to be $2,452.70. This motion will abate $2,129.28 from the 2021 Drainage Fee for this parcel. Background: The City received a request from Maize Properties Inc., who is the owner of Parcel Number 40316- 00100-000-00, otherwise known as 241 34th Avenue. The parcel is a 9.9-acre parcel which has an impervious area of approximately 28%. The owner requested a site study to calculate the Drainage Fee as allowed by City Ordinance. The site study allows the Drainage Fee to be calculated using the actual impervious area to determine the runoff weighting factor. This motion will abate the following portion of the Drainage Fee: 2021 Drainage Fee charged:$4,581.98 2021 calculated Drainage Fee:$2,452.70 Amount to be abated:$2,129.28 Fiscal Impact: The Drainage Fee revenue will be reduced by $2,129.28. Recommendation: Staff recommends approval. Attachments: Abatement Form Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0038,Version:1 Introduction of new and/or promoted City of Brookings employees. The following City of Brookings employee will be introduced to the City Council and public: ·Jeremy Linstad - Street Department Manager. Jeremy has 23 years of experience in operations and management. His most recent positon was the Associate Executive Director at the Swiftel Center. Originally from North Dakota, Jeremy and family moved to Brookings just over six (6) years ago. When Jeremy is not working, he enjoys attending his children's many activities. Jeremy's first day was January 4, 2021. City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0051,Version:1 Presentation of a Proclamation celebrating Brookings Arts Council Day. Attachments: Proclamation City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ Mayoral Proclamation City of Brookings, South Dakota WHEREAS, the Arts unite our community through a shared sense of understanding, culture, and experience; and WHEREAS, Brookings made #7 on the SMU DataArts Small Cities Arts Vibrancy Index in 2019; and WHEREAS, the Brookings Arts Council has encouraged community connections through the Arts by providing a supportive environment for awareness, appreciation, and participation since 1975; and WHEREAS, the Brookings Arts Council enriches our community through exhibitions, conversations with artists, and numerous programs, including Warrior’s Rock for Veterans, and Art Factory, a twice-weekly class for the adults of Advance; and WHEREAS, the Brookings Arts Council is the 2021 recipient of the Governor’s Awards in the Arts for Outstanding Support of the Arts by an Organization or Business; and WHEREAS, Ashley Ragsdale, Executive Director of the Brookings Arts Council since July 2019, has gone above and beyond to strengthen, encourage, celebrate and promote the Arts in Brookings. NOW THEREFORE, I, KEITH W. CORBETT, Mayor of the City of Brookings, South Dakota, do hereby proclaim Tuesday, January 26, 2021, as BROOKINGS ARTS COUNCIL DAY IN WITNESS WHEREOF, I have hereunto set forth my hand and caused to be affixed the Great Seal of the City of Brookings, this 26th day of January, 2021. Keith W. Corbett, Mayor 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 21-001,Version:1 Introduction and First Reading on Ordinance 21-001, an Emergency Ordinance Amending Emergency Ordinance 20-029 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: February 9, 2021. Summary: Ordinance 20-029 is set to expire on February 13, 2021. Based on threshold metrics, new variances, vaccination distribution rates, an extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. Brookings is in substantial spread with a majority of triggers met to some degree. Staff recommends renewal of the existing ordinance. Attachments: Memo Ordinance - clean Ordinance - marked Summary of COVID Triggers (uploaded on Monday) City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: January 26 / February 9, 2021 Subject: Ordinance Renewal Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul M. Briseno, City Manager Summary: Ordinance 20-029 is set to expire on February 13, 2021. Based on threshold metrics, new variances, vaccination distribution rates, an extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. Brookings is in substantial spread with a majority of triggers met to some degree. Staff recommends renewal of the existing ordinance, brought forth as Ordinance 21-001. Background: On September 8, 2020 City Council approved an ordinance mandating face coverings where social distancing could not be achieved for indoor businesses and public places. The Council renewed the existing ordinance that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. All employees are required to wear face coverings at all times. The ordinance has other requirements outlined. Discussion: A renewal of the occupancy and face coving ordinance is recommended. In summary, the renewal defines the requirements of businesses and residents: Restaurants/Bars • Maximum of ten (10) customers or 50% occupancy, whichever is greater o Occupancy capacity posted at front entry • Groups of ten (10) or less and six (6) feet apart • Cleaning of high touch areas/materials between users • Screening employees recommended • Employees required to wear masks • Cleaning of used spaces before and after each customer • No self-serve buffets or salad bars • No sharing of condiments unless wiped between use Grocery, Casino, Gyms, and Recreational Facilities • Cleaning of equipment after use by customer and/or employee • Maximum of ten (10) customers or 50% occupancy o Occupancy capacity posted at front entry • Employees of Grocery stores will wear masks • Protective measures/operations will be provided Salons/Barber Shops • Customers six (6) feet spacing & recommend service by appointment -only • Employees will wear masks • Clean equipment before and after each customer • Adequate social distancing for waiting customers Face Covering required if adequate social distancing cannot be achieved • Required for all indoor businesses and indoor public spaces • Required for all City permitted events • Exceptions include children under 5, medical conditions, religious place, educational units, certain non-profits, organized sports activity that have an approved plan Administrative exemptions allow for requested flexibility. Businesses and residents who violate sections of this ordinance will b e subject to fines. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Refer to a Study Session 4. Deny 5. Do nothing Staff recommends approval of the ordinance extension and any additional amendments. Supporting Documentation: Memo Ordinance - clean Ordinance - marked Summary of COVID Triggers (uploaded on Monday) Ordinance 21-001 An Emergency Ordinance Amending Emergency Ordinance 20-029 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9- 32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and Whereas, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians suggest in dividuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country have already implemented White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to threaten or overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken to reduce or slow down the spread of COVID -19 in order to protect the health and safety of the City's residents until immunity is achieved, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and Whereas, the City of Brookings has been utilizing Ordinance 20-029 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend, in comprehensive form, the emergency measures and restrictions set forth in Emergency Ordinance 20- 029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self- service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing, with certain seats marked as "not available due to social distancing guidelines" to ensure compliance. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. u) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. v) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise un able to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. 5. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to, engaging in social distancing, and wearing masks when outside their homes wherever possible. 6. Businesses can request administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following this ordinance or the CDC guidelines. 7. Any person, business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 9. The restrictions set forth herein do not apply to the following entities which have their own specific COVID-19 restrictions: a. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b. Crisis shelters, homeless shelters, and other similar institutions. c. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d. Official meetings of the city, schools, county or state. e. The operations and meetings of any state or federal courts. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution or ordinance of the City Council. 11. Enforcement - Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 20-029 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effect ive immediately upon passage and publication. First Reading: January 26, 2021 Second Reading: February 9, 2021 Published: CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001 An Emergency Ordinance Amending Emergency Ordinance 20 -029 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9- 32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and Whereas, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians suggest in dividuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are is intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country have already implemented White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to threaten or overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken to reduce or slow down the spread of COVID -19 in order to protect the health and safety of the City's residents until immunity is achieved, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and Whereas, the City of Brookings has been utilizing Ordinance 20-029 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend, in comprehensive form, the emergency measures and restrictions set forth in Emergency Ordinance 20- 029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or and remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity must will be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self- service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity must will be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing, with certain seats marked as "not available due to social distancing guidelines" to ensure compliance. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. u) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. v) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when c ommunicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, o r federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. 5. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to, engaging in social distancing, and wearing masks when outside their homes wherever possible. 6. Businesses can request administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following this ordinance or the CDC guidelines. 7. Any person, business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 9. The restrictions set forth herein do not apply to the following entities which have their own specific COVID-19 restrictions: a. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b. Crisis shelters, homeless shelters, and other similar institutions. c. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d. Official meetings of the city, schools, county or state. e. The operations and meetings of any state or federal courts. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution or ordinance of the City Council. 11. Enforcement - Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 20-029 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effective immediately upon passage and publication. First Reading: January 26, 2021 Second Reading: February 9, 2021 Published: CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk For week ending January 21, 2021 Summary of Brookings COVID-19 Public Health Thresholds Week Ending 1/21/2021 1. Is the epidemic controlled? No. Rt was above 1.0 for 6 of the last 14 days and spread remains substantial. 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Based on current census, Brookings Health System feels they can handle the lowest of the anticipated numbers (n = 5). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest anticipated number (n = 15). 3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases in Brookings? a. Mitigation Level: No, about 2-3 times more testing is needed for Brookings County. b. Suppression Level: No, test positivity is 11%-30%, which is above the 3% test positivity needed for suppression. c. Approximate time to receive test results: 1-2 days DATA: 1. Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise it would be a ‘no’. Rt exceeded 1.0 for 6 of the last 14 days. Below are the Rt based on number of cases in Brookings for 106 days ending on 1/21/21. Rt for the most recent 14 days (based on data from the prior week): Based on Data for Week Ending: Brookings South Dakota 1/8 1.65 1.20 1/9 1.55 1.08 1/10 1.30 0.97 1/11 1.26 0.98 1/12 1.12 0.91 1/13 1.06 0.85 1/14 0.87 0.80 1/15 0.77 0.80 1/16 0.75 0.81 1/17 0.76 0.78 1/18 0.72 0.77 1/19 0.67 0.75 1/20 0.67 0.70 1/21 0.66 0.73 Notes: • The closer Rt is to 0, the sooner transmission control will be attained. • Super spreader events are not predicted by Rt and can rapidly affect transmission trajectories. -----Oct -------|----------Nov ---------- |---------Dec--------|--------Jan------- For week ending January 21, 2021 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’. Yes. Two different case numbers were used including new cases in the past seven days and current number of active cases. These numbers were multiplied by either the overall statewide hospitalization rate or by using current age-specific hospitalization rates applied to age distribution of Brookings cases based on the most recent data provided by the Department of Health. For both numbers, an additional 20% was added as recommended by the WHO and is given below in parentheses. Based on: Hospitalization Rate Age-adjusted Hospitalization Rates Anticipated admissions based on new cases in past seven days 5 (6) 5 (6) Anticipated admissions based on active cases 13 (15) 12 (14) As of 1/21/21, new cases in past seven days = 87 and active cases = 224. SD overall hospitalization rate = 5.7% (1/21/21). Age-specific hospitalization rates as of 1/20/21 and age distribution of Brookings cases 1/13/21-1/20/21 (n=92; see daily data report for numbers by age). Brookings Health System has a surge capacity of 80 beds and the personnel to handle 45 beds. Based on current census, Brookings Health System felt they could handle the lowest of the anticipated numbers (n = 5). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest anticipated number (n = 15). 3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? Evaluate whether the mitigation and suppression levels of testing are being met. Mitigation level of testing uses the total number of tests completed in Brookings in the previous seven days and determines whether it is equal to or greater than the total number of new cases identified plus ten times the number of new cases. The number of tests completed does not include targeted testing (i.e., public health surveillance or sentinel testing in nursing homes or on campus). Suppression level of testing is being met when the percentage of positive test results in the previous seven days is equal to or less than 3.0%. If mitigation and suppression levels of testing are being met than this would be ‘yes’, otherwise it would be ‘no’. Mitigation & Suppression Levels of Testing. Testing data for the previous seven days: Total # of cases Ten times number of new cases: Tests needed to meet mitigation level: Tests completed (mitigation): % Test Positivity (suppression) Brookings Health System Dashboard as of 1/18/21: * Brookings 87 957 1,044 601 15% South Dakota Department of Health Dashboard as of 1/21/21: ** Brookings 87 957 1,044 292/809 30%/11% South Dakota 1,888 18,880 20,768 6,343/26,961 30%/7% * Brookings Health System data are based on number of tests completed, not the number of people tested, may include sentinel tests and tests on Brookings County non-residents, and includes PCR and antigen tests. Data for a particular date are not reported until all test results are back. Tests at BHS, Avera, Sanford and SDSU are included. ** Includes sentinel surveillance tests (e.g., nursing homes, first responders, etc.). Tests completed and % test positivity by number of unique people tested/all tests and tests include both PCR & antigen tests. Brookings data are Brookings County residents only and South Dakota data are South Dakota residents only Approximate time to receive test results as of 1/21/21 (Brookings): 1-2 days For week ending January 21, 2021 Brookings COVID-19 Thresholds Overview of Public Health Criteria Used to Control Transmission of COVID-19 The World Health Organization (WHO) uses three criteria for consideration in adjusting public health and social measures related to COVID-19 and suggests measures that can be used for evaluating these criteria1: 1. Epidemiology - Is the epidemic controlled? 2. Health System Capacity - Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? 3. Public Health Surveillance - Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? The various measures suggested by the WHO for evaluating the above criteria are given at the end of this summary as an Appendix. The ones given below are those that are locally available. Epidemiology The key measure for assessing whether the epidemic is controlled is the effective reproduction number (Rt). Rt represents the number of secondary cases for each infectious case and a value below 1 is the best indication that the epidemic is controlled and declining. The closer Rt is to 0, the sooner transmission control will be attained. The Rt depends on factors related to the number of susceptible individuals and their potential contact with infectious persons. It should be noted that super-spreader events are not predicted by Rt and can rapidly affect transmission trajectories. A Rt of less than 1 for at least two weeks is used to indicate the epidemic is controlled. An algorithm is available that will calculate an estimate for Rt if case surveillance data are available.2 Brookings Measure: Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise it would be a ‘no’. Health System Capacity A key measure for assessing whether the health system is able to cope with a resurgence of cases is that the number of new cases requiring hospitalization is smaller than the estimated maximum hospital and ICU bed capacity of the health system (i.e. the health system can cope with new hospitalizations without becoming overwhelmed while maintaining delivery of essential health services). One of the criteria used is that the health system can absorb or expand to cope with at least a 20% increase in COVID-19 case load. Brookings Measure: Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’. 1 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19 (downloaded 7/15/20) 2 https://academic.oup.com/aje/article/178/9/1505/89262 For week ending January 21, 2021 Public Health Surveillance There are several criteria listed under public health surveillance, including surveillance systems, case investigation and contact tracing. Many of these measures are not known at a county level; however, the number of tests and test positivity are known. The Harvard Global Health Institute has established targets for assessing the adequacy of testing at both the mitigation level and the suppression level:3 Mitigation level testing: Mitigation focuses on reducing the spread of the virus through broad testing of symptomatic people, tracing and testing a recommended 10 contacts per new case, isolating positive contacts, social distancing, mask-wearing or stay-at-home orders as necessary. Testing targets for mitigation is set as the sum of symptomatic cases and 10 times the number of cases (to cover the contacts) and does not include targeted testing (sentinel testing of nursing homes, schools, etc.). Suppression level testing: Suppression allows a community to quickly find and isolate new cases before they lead to a wider outbreak, with an aim of keeping new case levels at or near zero. A test positivity rate of 3% or less can be used as an indicator of progress towards suppression level testing. Suppression level testing requires testing of asymptomatic people in high-risk environments including nursing homes, colleges, etc. Brookings Measure: Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? Evaluate whether mitigation and suppression levels of testing are being met using the total number of tests completed and test positivity in Brookings during the previous week and approximate length of time for test results to received back in the clinics. For mitigation level of testing the number of tests completed should be equal to or greater than the total number of new cases identified plus ten times the number of new cases. For suppression level testing, the test positivity should be 3% or less. It will be noted whether the mitigation and suppression levels of testing are being met, as well as the approximate length of time between samples being submitted by local labs and test results being received. Additional notes Caveats regarding the data: • The number of cases by day that are used in calculating Rt are based on the numbers posted to the SDDOH dashboard. These dates are not the date symptoms appeared and not necessarily the date the test sample was obtained or the test was conducted; they are the date that the test results were reported to SDDOH. This is the best information that is available. • The number of tests conducted in Brookings are not the number of individuals tested, but the number of tests performed, which may include repeated testing of the same individual. Committee Members: Bonny Specker, MS, PhD (epidemiologist), Chris Chase, DVM, PhD (virologist), Gary Gackstetter, DVM, MPH, PhD (epidemiologist), Amy Hockett, RN (Sanford Brookings Clinic Manager), Adam Hoppe, PhD (cell biologist, immunologist), Victor Huber, PhD (virologist, immunologist), Jason Merkley (President, Brookings Health System), Natalie Thiex, MPH, PhD (epidemiologist, toxicologist), Xiuging Wang, PhD (virologist, cell biologist) 3 https://globalepidemics.org/testing-targets/ For week ending January 21, 2021 APPENDIX: Criteria recommended by the WHO4 Table 1. WHO Criteria for Epidemiological Control Epidemiological Criteria Explanation Decline of at least 50% over a 3-week period since the latest peak and continuous decline in the observed incidence of confirmed and probable cases ° This indicates a decline in transmission equivalent to a halving time of three weeks or less since the latest peak, when the testing strategy is maintained or strengthened to test a greater % of suspected cases. Less than 5% of samples positive for COVID-19, at least for the last 2 weeks, ° assuming that surveillance for suspected cases is comprehensive The % positive samples can be interpreted only with comprehensive surveillance and testing of suspect cases, in the order of 1/1000 population/week Less than 5% of samples positive for COVID-19, at least for the last 2 weeks°, among influenza-like-illness (ILI) samples tested at sentinel surveillance sites Through ILI sentinel surveillance, a low % of positive samples indicates low community transmission* At least 80% of cases are from contact lists and can be linked to known clusters This indicates that most transmission chains have been identified, offering the opportunity for follow-up. This may be limited by the fact that the information will certainly not have been collected at the height of the epidemic. Decline in the number of deaths among confirmed and probable cases at least for the last 3 weeks ° This will indicate, with an approximately 3-week lag-time, that the total number of cases is decreasing. If testing has decreased, then the number of deaths in probable cases will be more accurate. Continuous decline in the number of hospitalization and ICU admissions of confirmed and probable cases at least for the last 2 weeks° This indicates, with an approximately 1-week lag-time and providing that the criteria for hospitalization have not changed, a decline in the number of cases. Decline in the age-stratified excess mortality due to pneumonia When pneumonia cases cannot be systematically tested, a decline in the mortality of pneumonia would indirectly indicate a reduction in the excess mortality due to COVID-19. * Trend evaluation requires that no changes occurred in testing or measurement strategy ° 2-week period corresponds to the maximum incubation period and is the minimum period on which to assess changes in trends. Table 2. WHO Criteria for Health System Capacity Health System Criteria Explanation All COVID-19 patients can be managed according to national standard This indicates that the health system has returned to a state where all conditions (staff, beds, drugs, equipment, etc.) are there to provide the same standard of care that existed before the crisis. All other patients with a severe non-COVID-19 condition can be managed according to national standard There is no increase in intra-hospital mortality due to non-COVID-19 conditions The health system can absorb or can expand to cope with at least a 20% increase in COVID-19 case load This indicates that the system would be sustainable even if it had to absorb a surge in cases resulting from loosening public health and social measures. This includes sufficient staff, equipment, beds, etc. An Infection, Prevention and Control (IPC) focal point is available in all health facilities (1 full-time trained IPC focal point per 250 beds) and at district level This indicates strong capacity for coordination, supervision and training on IPC activities, including in primary health facilities. All health facilities have screening for COVID-19 This is for ensuring that all patients who come to a facility are assessed for COVID-19 in order to prevent health associated infections. All acute health facilities have a mechanism for isolating people with suspected COVID-19 The health system has sufficient capacity to isolate all patients with COVID-19 4 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19 (downloaded 7/15/20) For week ending January 21, 2021 Table 3. WHO Criteria for Public Health Surveillance Public Health Surveillance Criteria Explanation Public Health Surveillance Systems New cases can be identified, reported, and data included in epidemiological analysis within 24 hours A surveillance system for COVID-19 is in place that is geographically comprehensive and covers all persons and communities at risk. Comprehensive surveillance includes surveillance at the community level, primary care level, in hospitals, and through sentinel surveillance sites for influenza and other respiratory diseases, where they exist. Immediate reporting of probable and confirmed cases of COVID-19 is mandated within national notifiable disease with requirements This indicates that appropriate public health policies are in place for immediate notification of cases of COVID-19 from all health facilities. Enhanced surveillance is implemented in closed residential settings and for vulnerable groups This indicates that public health authorities have identified populations who live in residential settings or are vulnerable and that enhanced surveillance is put in place for these populations. Mortality surveillance is conducted for COVID-19 related deaths in hospitals and in the community This indicates the ability to rapidly and reliably track the number of deaths related to COVID-19. Where possible, medical certificate of death for COVID-19 deaths should be issued. Other approaches for mortality surveillance may be considered, such as reports from religious centres or burial sites. The total number of laboratory tests conducted for COVID-19 virus is reported each day Knowing the testing denominator can indicate the level of surveillance activity and the proportion of tests positive can indicate the intensity of transmission among symptomatic individuals. Case Investigation Public health rapid response teams are functional at all appropriate administrative levels A measure of the capability to rapidly investigate cases and clusters of COVID-19. 90% of suspect cases are isolated and confirmed/released within 48 hours of symptom onset This indicates that investigation and isolation of new cases is sufficiently rapid to minimize the generation of secondary cases. Contact Tracing At least 80% of new cases have their close contacts traced and in quarantine within 72 hours of case confirmation These indicate that the capacity to conduct contact tracing is sufficient for the number of cases and contacts. At least 80% of contacts of new cases are monitored for 14 days Contacts should be contacted each day during the 14-day period and ideally no more than two days should elapse without feedback from a contact. Information and data management systems are in place to manage contact tracing and other related data While contact tracing data can be managed on paper at a small scale, large- scale contact tracing can be supported by electronic tools such as the Go.Data contact tracing software. 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 21-002,Version:1 Introduction and First Reading on Ordinance 21-002, an Ordinance Authorizing Supplemental Appropriation #1 to the 2021 Budget - Parts 1 and 2. Second Reading: February 9, 2021. Summary: Part 1 will increase non-profit funding by $41,014 from 2020 unspent funds per Resolution 20-111. Part 2 will increase funding by $264,013 to implement the 2021 Labor Union Contract allocating the negotiated wage adjustment to the respective city departments’ budgets and reallocate 2021 budget appropriations to fund the new Public Works Department per Ordinance 20-022. Background: Part 1 Annually, the City Council commits a portion of the budget for outside agency funding. The 2021 budget contains $1.4 million for outside agencies; $225,486 of 2021 funds are committed to non- profits through the new United Way funding process. All social service requests for city funds were received through the United Way process. Part 2 At the time the 2021 Budget was prepared and presented to the City Council, there was uncertainty of what the COIVID-19 impact would be on the city’s sales tax revenue. Following the conservative budgeting principles, city leadership was proactively managing operational budgets to a (-8%) year over year tax revenue decrease. Under this scenario, but acknowledging that things could divert from it, negotiations with the collective bargaining units were based on four potential scenarios driven by full 2020 year over year sales tax revenue performance: 1)(-8%) decrease or lower 2)2% better than expected; or (-6%) decrease 3)3% better than expected; or (-5%) decrease 4)4% better than expected or higher; or (-4%) decrease or lower The city reorganization, with the establishment of the Public Works Department, to develop a more cohesive department with coordinated efforts of services for the community was approved through Ordinance 20-022 late last year. The new department contains the divisions of Engineering, Solid Waste, and Streets. The proposed budget reallocation does not add any new full-time equivalents nor has incremental budget impacted the General Fund. The proposed action will create the Public Works Department and allocate its respective funding within the City’s 2021 Budget. Fiscal Impact: Part1 Increases the non-profit outside agency funding by $41,014. The Governance and Ends Policy states City Council may allocate up to 4% of the annual General Fund expenditures to subsidize community needs and programs. The City’s current and projected financial health and stability is a key deciding City of Brookings Printed on 1/21/2021Page 1 of 2 powered by Legistar™ File #:ORD 21-002,Version:1 factor in determining its ability to provide funds to outside organizations. The original 2021 funding meets the 4%, additional funds would over extend this policy. Due to COVID-19, there is an unprecedented need for additional funds. The proposed increase is due to a one-time revenue source and should not create an ongoing dependency or expectation of continued level of support. This change brings the total 2021 city funding for social service agencies to $266,500. Part2 The implementation of scenario four contractual stipulations results in an incremental expense of $264,013 to the respective City’s General, Special, and Enterprise Funds. This compares to $330,000 or a 2.25% increase implemented in 2020. Most of this increase will not be compounded as realized with a traditional COLA. The reallocation of funds to the new Public Works has no incremental budget impact to the General Fund. The city incremental payroll expense will be funded with 2020 surplus funds of 6.2% better than expected 1st Penny revenues (-1.7%) vs (-8%) which, at this point, is estimated to be around $430,000. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Ordinance 20-022 Resolution 20-111 2020 Sales Tax Receipts City of Brookings Printed on 1/21/2021Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: January 26, 2021 / February 9, 2021 Subject: Ordinance 21-002, an Ordinance Authorizing Supplemental Appropriation #1 to the 2021 Budget – Parts 1 and 2 Person(s) Responsible: Paul Briseno, City Manager Erick Rangel, Chief Financial Officer Jacob Meshke, Assistant City Manager Susan Rotert, Director of Human Resources Summary: Part 1 will increase non-profit funding by $41,014 from 2020 unspent funds per Resolution 20-111. Part 2 will increase funding by $264,013 to implement the 2021 Labor Union Contract allocating the negotiated wage adjustment to the respective city departments’ budgets and reallocate 2021 budget appropriations to fund the new Public Works Department per Ordinance 20-022. Background: Part 1 Annually, the City Council commits a portion of the budget for outside agency funding. The 2021 budget contains $1.4 million for outside agencies; $225,486 of 2021 funds are committed to non-profits through the new United Way funding process. All social service requests for city funds were received through the United Way process. Part 2 At the time the 2021 Budget was prepared and presented to City Council, there was uncertainty of what the COIVID-19 impact would be on the city’s sales tax revenue. Following the conservative budgeting principles, city leadership was proactively managing operational budgets to a (-8%) year over year tax revenue decrease. Under this scenario, but acknowledging that things could divert from it, negotiations with the collective bargaining units were based on four potential scenarios driven by full 2020 year over year sales tax revenue performance: 1) (-8%) decrease or lower 2) 2% better than expected; or (-6%) decrease 3) 3% better than expected; or (-5%) decrease 4) 4% better than expected or higher; or (-4%) decrease or lower The city reorganization, with the establishment of the Public Works Department, to develop a more cohesive department with coordinated efforts of services for the community was approved through Ordinance 20-022 late last year. The new department contains the divisions of Engineering, Solid Waste, and Streets. The proposed budget reallocation does not add any new full time equivalents nor has incremental budget impact on the General Fund. The proposed action will create the Public Works Department and allocate its respective funding within the city’s 2021 budget. Discussion: Part 1 COVID funding from state and federal dollars allowed BATA to decrease the City’s 2020 contribution by $34,500. The Community Band did not hold any events in 2020 resulting in a return of funding to the City. This results in additional unspent 2020 funds that were committed to non-profit funding. Locally, COVID-19 has impacted non-profits. Council committed to redistributing these funds to the 2021 non- profit allocation and this action will complete Council’s intention. Part 2 The city’s total tax collections for 2020 for 1st and 2nd Penny (main funding source for the city’s operations and infrastructure projects) were (-1.7%) lower than last year on an adjusted basis; thus, staff recommends implementation of the 2021 labor contractual stipulations for scenario four. These stipulations include the implementation of the new salary ranges based on the results of an independent salary survey which benchmarked the city’s current salary rages with 19 nearby agencies and peer communities including the cities of Watertown, Aberdeen, Hays-Kansas as well as SDSU. The stipulations also include a 1% salary increase or payout for those who do not receive an increase during implementation of the salary survey results. The Public Works Department will contain the functions of Engineering, Storm Water, Airport, snow removal, mosquito control, street maintenance, fleet, Landfill and Collections. Given the size and the nature of the Solid Waste, Streets, and Airport Departments, they will continue existing within the city’s budget. Initially, the Engineering Department’s Budget will be reallocated into the Public Works Department. Additionally, funding from the Solid Waste and Streets Departments will be reallocated to the Public Works Department to partially fund the Public Works Director position. Legal Consideration: None. Strategic Plan Consideration: Promoting high quality of life for residents through innovative thinking and proactive, fiscally-responsible municipal management. Financial Consideration: Part 1 Increases the non-profit outside agency funding by $41,014. The Governance and Ends Policy states City Council may allocate up to 4% of the annual General Fund expenditures to subsidize community needs and programs. The City’s current and projected financial health and stability is a key deciding factor in determining its ability to provide funds to outside organizations. The original 2021 funding meets the 4%, additional funds would over extend this policy. Due to COVID-19, there is an unprecedented need for additional funds. The proposed increase is due to a one-time revenue source and should not create an ongoing dependency or expectation of continued level of support. This change brings the total 2021 city funding for social service agencies to $266,500. Part 2 The implementation of scenario four contractual stipulations results in an incremental expense of $264,013 to the respective City’s General, Special, and Enterprise Funds. This compares to $330,000 or a 2.25% increase implemented in 2020. The reallocation of funds to the new Public Works has no incremental budget impact to the General Fund. The city incremental payroll expense will be funded with 2020 surplus funds of 6.2% better than expected 1st Penny revenues (-1.7%) vs (-8%) which, at this point, is estimated to be around $430,000. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a study session 5. Do nothing Staff recommends approval of the ordinance as presented. Supporting Documentation: Ordinance Ordinance 20-022 Resolution 20-111 2020 Sales Tax Report Ordinance 21-002 An ordinance Authorizing Supplemental Appropriation No. 1 to the 2021 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 2021 budget: Part 1 – Increase non-profit outside agency funding by $41,014 per Resolution 20-111 495 Appropriation/Subsidies 101-495-5-856-72 – Social Service Agency Funding $41,014 Total Appropriations $41,014 Part 2 – Increase funding to implement 2021 labor union contract allocating the negotiated wage adjustment to the respective departments’ budgets and reallocate 2021 budget appropriations to fund the new Public Works Department per Ordinance 20-022 101 General Fund Account Description Increase /(Decrease) 101-401-5-101-00 Regular Pay $ 1,050 101-401-5-120-00 FICA $ 80 101-403-5-101-00 Regular Pay $ 35,512 101-403-5-101-01 Temporary Pay $ 30 101-403-5-120-00 FICA $ 2,540 101-403-5-121-09 Retirement $ 1,992 101-403-5-123-00 Group Insurance $ 5,336 101-406-5-101-00 Regular Pay $ 20,638 101-406-5-120-00 FICA $ 4,927 101-406-5-121-09 Retirement $ 4,003 101-414-5-101-00 Regular Pay $ 12,242 101-414-5-120-00 FICA $ 783 101-414-5-121-09 Retirement $ 338 101-415-5-101-00 Regular Pay $ 27,321 101-415-5-120-00 FICA $ 2,173 101-415-5-121-09 Retirement $ 1,705 101 General Fund (continued) Account Description Increase /(Decrease) 101-416-5-101-00 Regular Pay $ 4,973 101-416-5-120-00 FICA $ 403 101-416-5-121-09 Retirement $ 316 101-418-5-101-00 Regular Pay $ 9,982 101-418-5-120-00 FICA $ 215 101-418-5-121-09 Retirement $ 600 101-418-5-123-00 Group Insurance $ (708) 101-419-5-101-00 Regular Pay $ (233,634) 101-419-5-101-01 Temporary Pay $ (17,000) 101-419-5-120-00 FICA $ (19,763) 101-419-5-121-09 Retirement $ (14,121) 101-419-5-123-00 Group Insurance $ (32,430) 101-421-5-101-00 Regular Pay $ 11,960 101-421-5-101-01 Temporary Pay $ 350 101-421-5-120-00 FICA $ 2,582 101-421-5-121-09 Retirement $ 3,740 101-422-5-101-00 Regular Pay $ (7,235) 101-422-5-101-01 Temporary Pay $ 100 101-422-5-120-00 FICA $ (1,411) 101-422-5-121-09 Retirement $ (595) 101-430-5-101-00 Regular Pay $ 335,428 101-430-5-101-01 Temporary Pay $ 17,170 101-430-5-120-00 FICA $ 23,140 101-430-5-121-09 Retirement $ 17,129 101-430-5-123-00 Group Insurance $ 50,411 101-431-5-101-00 Regular Pay $ (48,214) 101-431-5-101-01 Temporary Pay $ 350 101-431-5-120-00 FICA $ (5,647) 101-431-5-121-09 Retirement $ (2,929) 101-431-5-123-00 Group Insurance $ (7,664) 101-442-5-101-00 Regular Pay $ (880) 101-442-5-101-01 Temporary Pay $ 188 101-442-5-120-00 FICA $ (109) 101-442-5-121-09 Retirement $ (86) 101-449-5-101-01 Temporary Pay $ 1,530 101-449-5-120-00 FICA $ (660) 101-451-5-101-00 Regular Pay $ 3,656 101-451-5-101-01 Temporary Pay-Recreation $ 1,130 101-451-5-120-00 FICA $ 986 101-451-5-121-09 Retirement $ 1,016 101 General Fund (continued) Account Description Increase /(Decrease) 101-452-5-101-00 Regular Pay $ 19,751 101-452-5-101-01 Temporary Pay $ 1,470 101-452-5-120-00 FICA $ 539 101-452-5-121-09 Retirement $ 1,382 101-453-5-101-00 Regular Pay $ 4,692 101-453-5-101-01 Temporary Pay $ 300 101-453-5-120-00 FICA $ (285) 101-453-5-121-09 Retirement $ 412 101-454-5-101-00 Regular Pay $ (17,437) 101-454-5-101-01 Temporary Pay $ 170 101-454-5-120-00 FICA $ (1,055) 101-454-5-121-09 Retirement $ (828) 101-455-5-101-00 Regular Pay $ 6,941 101-455-5-101-01 Temporary Pay $ 799 101-455-5-120-00 FICA $ 531 101-455-5-121-09 Retirement $ 416 Total General Fund $ 232,736 214 & 282 Special Revenue Funds Account Description Increase /(Decrease) 214-000-5-101-00 Regular Pay $ 5,410 214-000-5-101-01 Temporary Pay $ 85 214-000-5-120-00 FICA $ 3,390 214-000-5-121-09 Retirement $ 27,907 282-000-5-101-00 Regular Pay $ (458) 282-000-5-101-01 Temporary Pay $ 180 282-000-5-120-00 FICA $ (47) 282-000-5-121-09 Retirement $ (34) Total Special Revenue Funds $ 36,433 601-606 Enterprise Funds Account Description Increase /(Decrease) 601-000-5-101-00 Regular Pay $ (9,885) 601-000-5-101-01 Temporary Pay $ 811 601-000-5-120-00 FICA $ (757) 601-000-5-121-09 Retirement $ (594) 606-000-5-101-00 Regular Pay $ 11,080 606-000-5-120-00 FICA $ 924 606-000-5-121-09 Retirement $ 724 607-625 Enterprise Funds Account Description Increase /(Decrease) 607-000-5-101-00 Regular Pay $ 6,256 607-000-5-101-01 Temporary Pay $ 550 607-000-5-120-00 FICA $ (562) 607-000-5-121-09 Retirement $ 339 612-000-5-101-00 Regular Pay $ (26,232) 612-000-5-101-01 Temporary Pay $ 100 612-000-5-120-00 FICA $ (1,627) 612-000-5-121-09 Retirement $ (1,275) 625-000-5-101-00 Regular Pay $ 12,273 625-000-5-101-01 Temporary Pay $ 100 625-000-5-120-00 FICA $ 1,436 625-000-5-121-09 Retirement $ 1,183 Total Enterprise Funds $ (5,157) Total Appropriations $264,013 All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: January 26, 2021 Second Reading: February 9, 2021 Published: CITY OF BROOKINGS Keith Corbett, Mayor ATTEST: Bonnie Foster, City Clerk ADJUSTED Sales Tax Receipts 2020 Prorated.xlsx ADJUSTED YoY Vs Budget YoY Vs Budget 2019 2020 20-Pro Budget $%$%2019 2020 20-Pro Budget $%$% Jan*647,718 675,145 645,703 27,428 4.2% 29,442 4.6%Jan 69,510 79,271 68,414 9,761 14.0% 10,857 15.9% Feb 605,553 556,215 628,045 (49,338) (8.1%) (71,830) (11.4%)Feb*73,505 68,097 79,022 (5,408) (7.4%) (10,926) (13.8%) Mar 525,411 538,789 530,544 13,378 2.5% 8,244 1.6%Mar*92,072 89,770 91,360 (2,302) (2.5%) (1,590) (1.7%) Apr*539,006 550,242 522,152 11,236 2.1% 28,090 5.4%Apr 90,857 62,712 80,808 (28,144) (31.0%) (18,096) (22.4%) May 610,492 529,299 589,444 (81,193) (13.3%) (60,145) (10.2%)May*86,051 48,026 84,923 (38,025) (44.2%) (36,897) (43.4%) June*529,129 515,960 468,225 (13,169) (2.5%)47,736 10.2%June 77,556 55,171 62,589 (22,386) (28.9%) (7,418) (11.9%) July 581,391 660,600 658,215 79,209 13.6% 2,385 0.4%July 76,618 61,700 80,688 (14,918) (19.5%) (18,988) (23.5%) Aug 611,050 619,930 651,136 8,880 1.5%(31,206) (4.8%)Aug 77,161 71,318 76,396 (5,843) (7.6%) (5,078) (6.6%) Sep 609,494 625,048 607,503 15,554 2.6% 17,545 2.9%Sep 73,605 77,081 79,501 3,476 4.7%(2,421) (3.0%) Oct 643,242 603,829 530,431 (39,413) (6.1%)73,399 13.8%Oct 93,171 89,711 68,536 (3,460) (3.7%)21,175 30.9% Nov 644,887 608,221 622,571 (36,666) (5.7%) (14,350) (2.3%)Nov 93,877 83,933 80,825 (9,944) (10.6%)3,108 3.8% Dec 564,683 542,819 584,816 (21,864) (3.9%) (41,997) (7.2%)Dec 88,500 74,058 81,936 (14,442) (16.3%) (7,878) (9.6%) Total 7,112,056 7,026,097 7,038,785 (85,959) (1.2%)(12,688) (0.2%)Total 992,483 860,848 935,000 (131,635) (13.3%) (74,152) (7.9%) *Adjusted 557,737 597,671 39,934 7.2%*Adjusted 78,923 74,255 (4,668) YoY Vs Budget YoY Vs Budget 2019 2020 20-Pro Budget $%$%2019 2020 20-Pro Budget $%$% Jan 649,421 672,978 642,303 23,557 3.6% 30,675 4.8%Jan 16,668 15,622 16,002 (1,046) (6.3%) (380) (2.4%) Feb 609,894 554,396 626,118 (55,498) (9.1%) (71,722) (11.5%)Feb 18,324 17,744 16,528 (580) (3.2%)1,216 7.4% Mar 529,177 537,027 529,163 7,850 1.5% 7,864 1.5%Mar 20,180 13,316 17,793 (6,864) (34.0%) (4,477) (25.2%) Apr 542,870 548,401 520,576 5,531 1.0% 27,825 5.3%Apr 20,890 14,172 19,142 (6,718) (32.2%) (4,970) (26.0%) May 614,868 527,568 587,727 (87,300) (14.2%) (60,159) (10.2%)May 19,878 8,130 18,864 (11,748) (59.1%) (10,734) (56.9%) June*532,922 514,036 466,829 (18,886) (3.5%)47,207 10.1%June 25,866 12,290 21,958 (13,576) (52.5%) (9,668) (44.0%) July 585,559 658,440 656,219 72,880 12.4% 2,221 0.3%July 30,636 17,884 22,837 (12,752) (41.6%) (4,953) (21.7%) Aug 615,430 617,902 649,206 2,472 0.4%(31,304) (4.8%)Aug 28,108 26,798 26,726 (1,310) (4.7%)72 0.3% Sep 613,864 623,004 605,685 9,141 1.5% 17,319 2.9%Sep 25,318 25,762 20,951 444 1.8% 4,811 23.0% Oct 647,854 601,855 528,887 (45,999) (7.1%)72,968 13.8%Oct 20,934 21,960 22,234 1,026 4.9%(274) (1.2%) Nov 649,510 606,232 620,721 (43,277) (6.7%) (14,489) (2.3%)Nov 23,566 23,050 24,905 (516) (2.2%) (1,855) (7.4%) Dec 567,355 541,044 582,332 (26,312) (4.6%) (41,288) (7.1%)Dec 17,170 16,424 17,061 (746) (4.3%) (637) (3.7%) Total 7,158,724 7,002,883 7,015,766 (155,841) (2.2%)(12,883) (0.2%)Total 267,538 213,152 245,000 (54,386) (20.3%) (31,848) (13.0%) MA*558,741 598,276 39,535 7.1%MA*21,786 17,854 (3,932) YoY Vs Budget 2019 2020 20-Pro Budget $%$% Jan 1,383,316 1,443,016 1,372,422 59,699 4.3% 70,594 5.1% Feb 1,307,276 1,196,451 1,349,713 (110,825) (8.5%) (153,262) (11.4%) Mar 1,166,840 1,178,902 1,168,860 12,062 1.0% 10,042 0.9% Apr 1,193,623 1,175,527 1,142,678 (18,095) (1.5%)32,849 2.9% May 1,331,289 1,113,023 1,280,958 (218,266) (16.4%) (167,935) (13.1%) June 1,165,474 1,097,457 1,019,601 (68,016) (5.8%)77,856 7.6% July 1,274,205 1,398,624 1,417,960 124,419 9.8%(19,336) (1.4%) Aug 1,331,749 1,335,948 1,403,465 4,200 0.3%(67,517) (4.8%) Sep 1,322,281 1,350,895 1,313,641 28,614 2.2% 37,255 2.8% Oct 1,405,201 1,317,355 1,150,087 (87,846) (6.3%)167,268 14.5% Nov 1,411,839 1,321,436 1,349,022 (90,402) (6.4%) (27,586) (2.0%) Dec 1,237,709 1,174,345 1,266,145 (63,364) (5.1%) (91,800) (7.3%) Total 15,530,801 15,102,980 15,234,551 (427,821) (2.8%)(131,571) (0.9%) 1st Penny 3rd Penny (Bed,Booze & Lodging) 2nd Penny (25% and 75%)Business Improvements District (Pillow) TOTAL M 2 M 4 M 6 M 8 M 10 M 12 M 14 M 16 M 18 M 2016 2017 2018 2019 2020 City of Brookings Sales Tax Received (As of Dec '20) 1st Penny 2nd Penny 3rd Penny BID 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 #:RES 21-008,Version:1 Public Hearing and Action on Resolution 21-008, a Resolution Levying Assessment for Project 2019- 01SWR, 2019 Sidewalk Repair Sites. Summary: This project was the 2019 concrete project and entailed construction of sidewalk trip hazards. The assessment cost for each property owner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration. This resolution will levy the sidewalk construction costs to the corresponding property owners which are shown on the attached Assessment Roll. Each property owner was mailed a notice of this public hearing along with a copy of the assessment roll for their property. Upon approval of the resolution, the Finance Department will send each property owner an invoice for the repairs and the payments will be deposited into the Assessment Fund. Recommendation: Staff recommends approval. Attachments: Memo Resolution Assessment Roll Resolution 19-043 Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: January 26, 2021 Subject: Resolution 21-008, a Resolution Levying Assessment for 2019-01SWR, 2019 Sidewalk Repair Sites Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will authorize the City of Brookings to levy the cost of the sidewalk repairs for the 2019 concrete project, which will be assessed to the respective property owners. Background: This project was the annual concrete project and entailed construction of miscellaneous concrete work including homeowner missing sidewalk or trip hazards that were not repaired in the 2018 sidewalk area and property owners in the 2019 sidewalk area who volunteered to be on the project. Resolution 19-043 was adopted on July 9, 2019 and authorized the sidewalk assessment project. The assessment cost for each property owner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration. Any sidewalk assessments not paid to the City will be subject to 10% interest on the unpaid balance and will be collected through their property taxes. Item Details: This is the final step to levy the sidewalk construction costs to the corresponding property owners. The properties included on this project are shown on the attached Assessment Roll. The contract prices for the project, including the 6% engineering a nd administration fee are:  Remove 4” thick sidewalk: $3.06 per square foot  Install 4” thick Replacement Sidewalk: $7.31 per square foot  Adjust Water Valve (if needed): $152.64 per each Each property owner was mailed a notice of this public hearing along with a copy of the assessment roll for their property. Legal Consideration: Assessment payments that are not paid directly to the City of Brookings will be collected by Brookings County through the property taxes for the specific unpaid parcels. Strategic Plan Consideration: The sidewalk maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The concrete repair extends the life of the public sidewalks and brings them in compliance with the City’s ADA Transition Plan. Financial Consideration: The City Finance Department will send invoices to all of the properties on the assessment roll and the payments will be recovered into the assessment fund. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Assessment Roll Resolution 19-043 Map Resolution 21-008 A Resolution Levying Assessment for Project 2019-01SWR 2019 Sidewalk Repair Sites Whereas, the City Council has provided for sidewalk repair work to be completed under Project 2019-01SWR, 2019 Sidewalk Repair Sites. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation and authorized by Resolution 19-043, which deem the work necessary and have found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project 2019-01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project 2019-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9 -43, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Passed and approved this 26th day of January, 2021. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________________ Bonnie Foster, City Clerk H O N O R DR CHRISTINE CIR SYLVAN CIRW IN D ERM ERE 1 7 T H S T S CASTLEWOOD DR 14TH AVE S10T H ST S R E MI N G T O NPINE R IDGE RDDEER LN16TH AVE15TH AVE12TH AVESTADIUM RDVINE S T3RD S T S 4TH ST S 1 3TH ST Y ELLOWS TONE DR 1ST S T 1ST ST S ARROWHEAD PASS 3 RD S T 3 RD S T 6TH AVE ST E TON LN 4TH ST W CRYSTAL RI D G E RD YORKTOWN CIRU GILLEY AVE S11TH AVEW 2ND S T S RAILROAD ST THU N DER PAS S W TRAIL R ID G E RDBROOKLAWN DRPRAIRIE VIEW DR1 1 TH S T S 11TH ST S 11TH ST DIVISION AVEFRONT ST FRONT ST WAHPE T ON PASSTRAIL RIDGE CIR CAM E L OT DRWE S TM INSTER D RSQUIRE CTCAND LEWOOD LNWESTERN AVEWESTERN AVE9TH12TH ST S 1 2 TH ST S K ING ARTHU R CT POWDE R H O R N P ASSPAM ELA DR HERITAGE DRST W HUGHES AVEHENRY AVEHENRY AVE14TH AVEORCHARD DRCEDAR AVEBIRCH AVEASH AVE7TH ST 7 TH ST RAINBOW PKWY 1ST AVE SFOLSO M S T CAMPANILE AVECAMPANILE AVE9 TH ST 9TH ST 9TH ST STUDENT UNION LN N CAMPUS DR 5 T H S T S 5TH ST S TET O NH U N T E RS RIDGE R D2ND AVEMAIN AVEMAIN AVE8TH S T S YOSEMITE LN YO S EMITE LNMAIN AVE SMAIN AVE SMAIN AVE S10 TH S T W10TH ST WWILSON AVEWILSON AVEW F OLSO M S T INDIAN HILLS RD MMIT PASS 1 5 T H S T S 1 5TH S T S MEDARY AVE SRE G E N C Y C TR E G E N C Y CTW 8T H ST S 13TH AVE13TH AVE13TH AVEJACKRABBIT AVE1ST AVE5TH AVE2 N D ST 4 T H S T 4 T H ST FACULTY DRFMEDARY AVEMEDARY AVE7TH AVE7TH AVE3RD AVE6TH AVE6TH AVE8TH AVE9TH AVE9TH AVECIR CLE DRCIRCLE DRELM AVEHALF M O O N R D DEER P AS S SI OUX PASSTRAIL RIDGE RDMUSTANG PASS 16TH AVE S3RD AVE S2 N D ST SW U S H WY 1 4 TELLU R I D E L N 8TH AVE SBR OKEN BOW TRLWESTERN AVE St ex ttexttext t ex tt exttexttexttexttexttexttexttext t ext text texttextte xttext te x t te xttexttexttexttexttexttexttext 8TH S T 8 T H ST 8 TH S T 6TH ST OVERLOOCOPPER MOUNTAIN RDCOLLEGE AVE7TH AVE S 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 21-009,Version:1 Public Hearing and Action on Resolution 21-009, a Resolution Levying Assessment for Project 2020- 01SWR, 2020 Sidewalk Repair Sites. Summary: This project was the 2020 concrete project and entailed construction of sidewalk trip hazards and new sidewalk. The assessment cost for each property owner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration. This resolution will levy the sidewalk construction costs to the corresponding property owners which are shown on the attached Assessment Roll. Each property owner was mailed a notice of this public hearing along with a copy of the assessment roll for their property. Upon approval of the resolution, the Finance Department will send each property owner an invoice for the repairs and the payments will be recovered into the Assessment Fund. Recommendation: Staff recommends approval. Attachments: Memo Resolution Assessment Roll Resolution 20-052 Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: January 26, 2021 Subject: Resolution 21-009, a Resolution Levying Assessment for 2020-01SWR, 2020 Sidewalk Repair Sites Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will authorize the City of Brookings to levy the cost of the sidewalk repairs for the 2020 concrete project, which will be assessed to the respective property owners. Background: This project was the annual concrete project and entailed construction of miscellaneous concrete work including homeowner missing sidewalk or trip hazards that were not repaired in the 2019 sidewalk area and property owners in the 2020 sidewalk area who volunteered to be on the project. Resolution 20-052 was adopted on June 9, 2020 and authorized the sidewalk assessment project. The assessment cost for each property owner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration. Any sidewalk assessments not paid to the City will be subject to 10% interest on the unpaid balance and will be collected through their property taxes. Item Details: This is the final step to levy the sidewalk construction costs to the corresponding property owners. The properties included on this project are shown on the attached Assessment Roll. The contract prices for the project, including the 6% engineering a nd administration fee are:  Remove 4” thick sidewalk: $3.06 per square foot  Install 4” thick New Sidewalk: $6.17 per square foot  Install 4” thick Replacement Sidewalk: $7.31 per square foot  Adjust Water Valve (if needed): $152.64 per each Each property owner was mailed a notice of this public hearing along with a copy of the assessment roll for their property. Legal Consideration: Assessment payments that are not paid directly to the City of Brookings will be collected by Brookings County through the property taxes for the specific unpaid parcels. Strategic Plan Consideration: The sidewalk maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The concrete repair extends the life of the public sidewalks and brings them in compliance with the City’s ADA Transition Plan. Financial Consideration: The City Finance Department will send invoices to all of the properties on the assessment roll and the payments will be recovered into the assessment fund. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Assessment Roll Resolution 20-052 Map Resolution 21-009 A Resolution Levying Assessment for Project 2020-01SWR 2020 Sidewalk Repair Sites Whereas, the City Council has provided for sidewalk repair work to be completed under Project 2020-01SWR, 2020 Sidewalk Repair Sites. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation and authorized by Resolution 20-052, which deem the work necessary and have found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project 2020-01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project 2020-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9 -43, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Passed and approved this 26th day of January, 2021. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0030,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite A, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received an application for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted for this application. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: January 26, 2021 Subject: On-Off Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino. Location: 141 Main Ave. So., Suite A Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license, and would be subject to annual renewal processes. This business located at 141 Main Ave. South, and is proposed to hold 3 Suites, each with an On-Off Malt License, allowing up to 10 video lottery machines in each suite. Item Details: SVK Properties, has applied for 3 On-Off Sale Malt Licenses, allowing up to 30 video lottery machines at this location: 141 Main Ave. So. The owner is remodeling this former sales/auto detailing building into three suites for video lottery, each holding up to 10 video lottery machines. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective following state review and approval, and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. NOTICE OF PUBLIC HEARING On-Off Sale Malt Licenses with Video Lottery – SVK Properties, dba 4 Aces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 26, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of three On -Off Sale Malt Licenses, with Video Lottery, for SVK Properties, dba 4 Aces Casi no, Suites A, B, C, Todd Voss, owner, 141 Main Ave. South, Brookings, South Dakota, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of January, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 401750030001300 Sec/T wp/Rng -- Pr oper ty Address 141 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD M 326 6TH ST W BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FOLSOM ADDITION, N 1/2 OF L OT 12, S 1/2 OF LOT 13, BL K 3, 50 X 179 (Note: Not to be used on leg a l documents) Date created: 1/6/2021 Last Data Uploa ded: 1/6/2021 8:34:09 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0033,Version:1 Public Hearing and Action on a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suite A, Todd Voss, owner, 141 Main Ave. So., legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted. Fiscal Impact: Video Lottery fees: $50 per machine per year. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Proposed Building Plans Location Map Current Video Lottery List Current Video Lottery Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: January 26, 2021 Subject: Video Lottery for SVK Properties, dba 4 Aces Casino Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted. Background: A public hearing and action by the local governing body is required. If approved, the application would be forwarded to the State Lottery Office for final action and issuance of the license, and would be subject to annual renewal processes. This business is located at 141 Main Ave. South, and is proposed to hold 3 Suites, each with an On-Off Malt License, with 10 video lottery machines in each suite. Item Details: SVK Properties has applied for three On-Off Malt Licenses, each with video lottery, allowing up to 30 video lottery machines at this location: 141 Main Ave. So. They are remodeling this former sales/auto detailing building into three suites for video lottery, each holding up to 10 video lottery machines. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. Their plan indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 3 locations within the building. This would comply with the video lottery requirements if the City Council approves the additional On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these locations within the building. SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on -sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1. The number of establishments currently licensed for video lottery; 2. The proximity of the business to other establishments licensed for video lottery; 3. The type of business and manner in which the applicant p roposes to operate it; 4. The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5. The extent to which minors frequent a business connected to the one proposed; and 6. The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011. Legal Consideration: City Council action would allow up to 10 Video Lottery machines for each on-sale malt beverage license approved, resulting in up to 30 Video Lottery machines for this location, if approved. Financial Consideration: Video Lottery fees: $50 per machine per year. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery – 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Current Video Lottery List Current Video Lottery Location Map 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 _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 2, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a business connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipality to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes place all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – JANUARY 6, 2021 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. Video Lottery State Statues and Administrative Rule SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the com mission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on -sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Administrative Rules: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in acc ordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING On-Off Sale Malt Licenses with Video Lottery – SVK Properties, dba 4 Aces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 26, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of three On -Off Sale Malt Licenses, with Video Lottery, for SVK Properties, dba 4 Aces Casi no, Suites A, B, C, Todd Voss, owner, 141 Main Ave. South, Brookings, South Dakota, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of January, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 401750030001300 Sec/T wp/Rng -- Pr oper ty Address 141 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD M 326 6TH ST W BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FOLSOM ADDITION, N 1/2 OF L OT 12, S 1/2 OF LOT 13, BL K 3, 50 X 179 (Note: Not to be used on leg a l documents) Date created: 1/6/2021 Last Data Uploa ded: 1/6/2021 8:34:09 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 A B C # Video Business Lottery Machines 1 Applebee's Neighborhood Grill & Bar / Apple BRK, LLC 2 Agua Fresh 3 Aramark/McCrory Gardens Educational Visitors Center 4 BP of Brookings, Inc., Suite 1 10 5 BP of Brookings, Inc. Suite 2 10 6 Brookings Municipal Liquor Store 7 Brookings Softball Assoc. (Southbrook Softball Diamonds) 8 Buffalo Wild Wings Bar & Grill 2 9 BVG Backyard Grill 10 Carpy's Pub 10 11 Casey's General Store #1694 12 Casey's General Store #2198 13 Casey's General Store #2419 14 Casino 2000 10 15 Cenex Zip Trip #63 (CHS, Inc.) 16 Cenex Zip Trip #64 (CHS, Inc.) 17 The Children's Museum of South Dakota 18 The Clothes Line Lounge - INACTIVE 19 Corner Pantry (MG Oil)10 20 Craft Fusion Italian American / Jesse Davis LLC 21 Cubby's Sports Bar & Grill (GDT Inc.)7 22 Danny's 10 23 The Depot 10 24 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)10 25 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)10 26 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)10 27 Edgebrook Golf Course 28 El Tapitio Inc. 29 Elks Lodge #1490 30 Eponymous Brewing Co. 31 Flavor International Restaurant & Grocery 32 George's Pizza Inc. 33 Guadalajara 34 Hy-Vee Food Store 35 Hy-Vee Gas 36 Jack's Entertainment, LLC - fka The Ram 37 Jim's Tap 3 38 The Lanes (MG Oil Co. ) 10 39 The Lanes (MG Oil Co.), Suite B 10 40 The Lanes(MG Oil Co.) , Suite C 10 41 The Lodge (Den Wil Hospitality Group, Inc.)3 42 Main Street Pub 4 43 New Sake, Inc. 44 Newman Convenience Store 45 9 Bar Nightclub (Nine Inc.)5 46 Old Sanctuary 47 Park Hospitality Inc. 48 Pheasant Café & Lounge 49 Pints & Quarts 3 50 Pizza Hut #2769 (NPC International, Inc.) 51 PNP Pub (Schoon's Pub Inc.)10 52 Ray's Corner (Fergen Enterprises Inc.)10 53 Schoon's Pump N' Pak North (Schoon's Pub Inc.) 54 Schoon's Pump N' Pak South (Schoon's Properties Inc.)10 55 Skinner's Pub 9 56 South Main Casino & Pub (SVK Properties, LLC)10 57 Sully's Irish Pub (B&L Sullivan Inc.)7 58 Swiftel Center 59 Tee'd Off Golf, LLC 60 VFW Geo Dokken Post 2118 3 61 Wal-Mart Supercenter #1538 62 Whiskey Creek Wood Fire Grill (Brookings Steak Co.) 63 Wilbert's / Comfort Suites University (Den Wil Hospitality Group, Inc.) 64 The Wild Hare (Wonder, Inc.)10 65 Wooden Legs Brewing Co. 66 Woody's Axe Throwing, LLC 67 Yessica's Restaurant TOTAL 226 S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\MASTER LIST - License list for CC Pkt Page 1 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 21-0031,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite B, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received an application for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted for this application. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: January 26, 2021 Subject: On-Off Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino. Location: 141 Main Ave. So., Suite B Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license, and would be subject to annual renewal processes. This business located at 141 Main Ave. South, and is proposed to hold 3 Suites, each with an On-Off Malt License, allowing up to 10 video lottery machines in each suite. Item Details: SVK Properties, has applied for 3 On-Off Sale Malt Licenses, allowing up to 30 video lottery machines at this location: 141 Main Ave. So. The owner is remodeling this former sales/auto detailing building into three suites for video lottery, each holding up to 10 video lottery machines. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county i n which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 19 65, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective following state review and approval, and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. NOTICE OF PUBLIC HEARING On-Off Sale Malt Licenses with Video Lottery – SVK Properties, dba 4 Aces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 26, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of three On -Off Sale Malt Licenses, with Video Lottery, for SVK Properties, dba 4 Aces Casi no, Suites A, B, C, Todd Voss, owner, 141 Main Ave. South, Brookings, South Dakota, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of January, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 401750030001300 Sec/T wp/Rng -- Pr oper ty Address 141 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD M 326 6TH ST W BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FOLSOM ADDITION, N 1/2 OF L OT 12, S 1/2 OF LOT 13, BL K 3, 50 X 179 (Note: Not to be used on leg a l documents) Date created: 1/6/2021 Last Data Uploa ded: 1/6/2021 8:34:09 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0034,Version:1 Public Hearing and Action on a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suite B, Todd Voss, owner, 141 Main Ave. So., legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted. Fiscal Impact: Video Lottery fees: $50 per machine per year. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plans Current Video Lottery List Current Video Lottery Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: January 26, 2021 Subject: Video Lottery for SVK Properties, dba 4 Aces Casino. Location: 141 Main Ave. So., Suite B Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted. Background: A public hearing and action by the local governing body is required. If approved, the application would be forwarded to the State Lottery Office for final action and issuance of the license, and would be subject to annual renewal processes. This business is located at 141 Main Ave. South, and is proposed to hold 3 Suites, each with an On-Off Malt License, with 10 video lottery machines in each suite. Item Details: SVK Properties has applied for three On-Off Malt Licenses, each with video lottery, allowing up to 30 video lottery machines at this location: 141 Main Ave. So. They are remodeling this former sales/auto detailing building into three suites for video lottery, each holding up to 10 video lottery machines. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. Their plan indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 3 locations within the building. This would comply with the video lottery requirements if the City Council approves the additional On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these locations within the building. SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on -sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1. The number of establishments currently licensed for video lottery; 2. The proximity of the business to other establishments licensed for video lottery; 3. The type of business and manner in which the applicant proposes to operate it; 4. The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5. The extent to which minors frequent a business connected to the one proposed; and 6. The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the business premises is authorized f or video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011. Legal Consideration: City Council action would allow up to 10 Video Lottery machines for each on-sale malt beverage license approved, resulting in up to 30 Video Lottery machines for this location, if approved. Financial Consideration: Video Lottery fees: $50 per machine per year. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery – 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Current Video Lottery List Current Video Lottery Location Map 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 _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 2, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a business connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipality to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes place all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – JANUARY 15, 2021 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. Video Lottery State Statues and Administrative Rule SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the com mission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on -sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Administrative Rules: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in acc ordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING On-Off Sale Malt Licenses with Video Lottery – SVK Properties, dba 4 Aces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 26, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of three On -Off Sale Malt Licenses, with Video Lottery, for SVK Properties, dba 4 Aces Casi no, Suites A, B, C, Todd Voss, owner, 141 Main Ave. South, Brookings, South Dakota, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of January, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 401750030001300 Sec/T wp/Rng -- Pr oper ty Address 141 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD M 326 6TH ST W BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FOLSOM ADDITION, N 1/2 OF L OT 12, S 1/2 OF LOT 13, BL K 3, 50 X 179 (Note: Not to be used on leg a l documents) Date created: 1/6/2021 Last Data Uploa ded: 1/6/2021 8:34:09 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 A B C # Video Business Lottery Machines 1 Applebee's Neighborhood Grill & Bar / Apple BRK, LLC 2 Agua Fresh 3 Aramark/McCrory Gardens Educational Visitors Center 4 BP of Brookings, Inc., Suite 1 10 5 BP of Brookings, Inc. Suite 2 10 6 Brookings Municipal Liquor Store 7 Brookings Softball Assoc. (Southbrook Softball Diamonds) 8 Buffalo Wild Wings Bar & Grill 2 9 BVG Backyard Grill 10 Carpy's Pub 10 11 Casey's General Store #1694 12 Casey's General Store #2198 13 Casey's General Store #2419 14 Casino 2000 10 15 Cenex Zip Trip #63 (CHS, Inc.) 16 Cenex Zip Trip #64 (CHS, Inc.) 17 The Children's Museum of South Dakota 18 The Clothes Line Lounge - INACTIVE 19 Corner Pantry (MG Oil)10 20 Craft Fusion Italian American / Jesse Davis LLC 21 Cubby's Sports Bar & Grill (GDT Inc.)7 22 Danny's 10 23 The Depot 10 24 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)10 25 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)10 26 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)10 27 Edgebrook Golf Course 28 El Tapitio Inc. 29 Elks Lodge #1490 30 Eponymous Brewing Co. 31 Flavor International Restaurant & Grocery 32 George's Pizza Inc. 33 Guadalajara 34 Hy-Vee Food Store 35 Hy-Vee Gas 36 Jack's Entertainment, LLC - fka The Ram 37 Jim's Tap 3 38 The Lanes (MG Oil Co. ) 10 39 The Lanes (MG Oil Co.), Suite B 10 40 The Lanes(MG Oil Co.) , Suite C 10 41 The Lodge (Den Wil Hospitality Group, Inc.)3 42 Main Street Pub 4 43 New Sake, Inc. 44 Newman Convenience Store 45 9 Bar Nightclub (Nine Inc.)5 46 Old Sanctuary 47 Park Hospitality Inc. 48 Pheasant Café & Lounge 49 Pints & Quarts 3 50 Pizza Hut #2769 (NPC International, Inc.) 51 PNP Pub (Schoon's Pub Inc.)10 52 Ray's Corner (Fergen Enterprises Inc.)10 53 Schoon's Pump N' Pak North (Schoon's Pub Inc.) 54 Schoon's Pump N' Pak South (Schoon's Properties Inc.)10 55 Skinner's Pub 9 56 South Main Casino & Pub (SVK Properties, LLC)10 57 Sully's Irish Pub (B&L Sullivan Inc.)7 58 Swiftel Center 59 Tee'd Off Golf, LLC 60 VFW Geo Dokken Post 2118 3 61 Wal-Mart Supercenter #1538 62 Whiskey Creek Wood Fire Grill (Brookings Steak Co.) 63 Wilbert's / Comfort Suites University (Den Wil Hospitality Group, Inc.) 64 The Wild Hare (Wonder, Inc.)10 65 Wooden Legs Brewing Co. 66 Woody's Axe Throwing, LLC 67 Yessica's Restaurant TOTAL 226 S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\MASTER LIST - License list for CC Pkt Page 1 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 21-0032,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite C, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received an application for an On-Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted for this application. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: January 26, 2021 Subject: On-Off Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino. Location: 141 Main Ave. So., Suite C Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Malt License, with Video Lottery, for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license, and would be subject to annual renewal processes. This business located at 141 Main Ave. South, and is proposed to hold 3 Suites, each with an On-Off Malt License, allowing up to 10 video lottery machines in each suite. Item Details: SVK Properties, has applied for 3 On-Off Sale Malt Licenses, allowing up to 30 video lottery machines at this location: 141 Main Ave. So. The owner is remodeling this former sales/auto detailing building into three suites for video lottery, each holding up to 10 video lottery machines. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county i n which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 19 65, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective following state review and approval, and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. NOTICE OF PUBLIC HEARING On-Off Sale Malt Licenses with Video Lottery – SVK Properties, dba 4 Aces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 26, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of three On -Off Sale Malt Licenses, with Video Lottery, for SVK Properties, dba 4 Aces Casi no, Suites A, B, C, Todd Voss, owner, 141 Main Ave. South, Brookings, South Dakota, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of January, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 401750030001300 Sec/T wp/Rng -- Pr oper ty Address 141 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD M 326 6TH ST W BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FOLSOM ADDITION, N 1/2 OF L OT 12, S 1/2 OF LOT 13, BL K 3, 50 X 179 (Note: Not to be used on leg a l documents) Date created: 1/6/2021 Last Data Uploa ded: 1/6/2021 8:34:09 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0035,Version:1 Public Hearing and Action on a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suite C, Todd Voss, owner, 141 Main Ave. So., legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted. Fiscal Impact: Video Lottery fees: $50 per machine per year. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plans Current Video Lottery List Current Video Lottery Map City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: January 26, 2021 Subject: Video Lottery for SVK Properties, dba 4 Aces Casino. Location: Main Ave. So., Suite C Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for SVK Properties, dba 4 Aces Casino, Suites A, B, and C, Todd Voss, owner. All required documents have been submitted. Background: A public hearing and action by the local governing body is required. If approved, the application would be forwarded to the State Lottery Office for final action and issuance of the license, and would be subject to annual renewal processes. This business is located at 141 Main Ave. South, and is proposed to hold 3 Suites, each with an On-Off Malt License, with 10 video lottery machines in each suite. Item Details: SVK Properties has applied for three On-Off Malt Licenses, each with video lottery, allowing up to 30 video lottery machines at this location: 141 Main Ave. So. They are remodeling this former sales/auto detailing building into three suites for video lottery, each holding up to 10 video lottery machines. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. Their plan indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 3 locations within the building. This would comply with the video lottery requirements if the City Council approves the additional On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these locations within the building. SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on -sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1. The number of establishments currently licensed for video lottery; 2. The proximity of the business to other establishments licensed for video lottery; 3. The type of business and manner in which the applicant p roposes to operate it; 4. The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5. The extent to which minors frequent a business connected to the one proposed; and 6. The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011. Legal Consideration: City Council action would allow up to 10 Video Lottery machines for each on-sale malt beverage license approved, resulting in up to 30 Video Lottery machines for this location, if approved. Financial Consideration: Video Lottery fees: $50 per machine per year. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery – 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plan Proposed Parking Plan Current Video Lottery List Current Video Lottery Location Map 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 _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 2, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a business connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipality to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes place all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – JANUARY 15, 2021 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. Video Lottery State Statues and Administrative Rule SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the com mission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on -sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Administrative Rules: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in acc ordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING On-Off Sale Malt Licenses with Video Lottery – SVK Properties, dba 4 Aces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on January 26, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of three On -Off Sale Malt Licenses, with Video Lottery, for SVK Properties, dba 4 Aces Casi no, Suites A, B, C, Todd Voss, owner, 141 Main Ave. South, Brookings, South Dakota, legal description: N ½ of Lot 12, S ½ of Lot 13, Block 3, Folsom Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of January, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 401750030001300 Sec/T wp/Rng -- Pr oper ty Address 141 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD M 326 6TH ST W BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FOLSOM ADDITION, N 1/2 OF L OT 12, S 1/2 OF LOT 13, BL K 3, 50 X 179 (Note: Not to be used on leg a l documents) Date created: 1/6/2021 Last Data Uploa ded: 1/6/2021 8:34:09 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 A B C # Video Business Lottery Machines 1 Applebee's Neighborhood Grill & Bar / Apple BRK, LLC 2 Agua Fresh 3 Aramark/McCrory Gardens Educational Visitors Center 4 BP of Brookings, Inc., Suite 1 10 5 BP of Brookings, Inc. Suite 2 10 6 Brookings Municipal Liquor Store 7 Brookings Softball Assoc. (Southbrook Softball Diamonds) 8 Buffalo Wild Wings Bar & Grill 2 9 BVG Backyard Grill 10 Carpy's Pub 10 11 Casey's General Store #1694 12 Casey's General Store #2198 13 Casey's General Store #2419 14 Casino 2000 10 15 Cenex Zip Trip #63 (CHS, Inc.) 16 Cenex Zip Trip #64 (CHS, Inc.) 17 The Children's Museum of South Dakota 18 The Clothes Line Lounge - INACTIVE 19 Corner Pantry (MG Oil)10 20 Craft Fusion Italian American / Jesse Davis LLC 21 Cubby's Sports Bar & Grill (GDT Inc.)7 22 Danny's 10 23 The Depot 10 24 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)10 25 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)10 26 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)10 27 Edgebrook Golf Course 28 El Tapitio Inc. 29 Elks Lodge #1490 30 Eponymous Brewing Co. 31 Flavor International Restaurant & Grocery 32 George's Pizza Inc. 33 Guadalajara 34 Hy-Vee Food Store 35 Hy-Vee Gas 36 Jack's Entertainment, LLC - fka The Ram 37 Jim's Tap 3 38 The Lanes (MG Oil Co. ) 10 39 The Lanes (MG Oil Co.), Suite B 10 40 The Lanes(MG Oil Co.) , Suite C 10 41 The Lodge (Den Wil Hospitality Group, Inc.)3 42 Main Street Pub 4 43 New Sake, Inc. 44 Newman Convenience Store 45 9 Bar Nightclub (Nine Inc.)5 46 Old Sanctuary 47 Park Hospitality Inc. 48 Pheasant Café & Lounge 49 Pints & Quarts 3 50 Pizza Hut #2769 (NPC International, Inc.) 51 PNP Pub (Schoon's Pub Inc.)10 52 Ray's Corner (Fergen Enterprises Inc.)10 53 Schoon's Pump N' Pak North (Schoon's Pub Inc.) 54 Schoon's Pump N' Pak South (Schoon's Properties Inc.)10 55 Skinner's Pub 9 56 South Main Casino & Pub (SVK Properties, LLC)10 57 Sully's Irish Pub (B&L Sullivan Inc.)7 58 Swiftel Center 59 Tee'd Off Golf, LLC 60 VFW Geo Dokken Post 2118 3 61 Wal-Mart Supercenter #1538 62 Whiskey Creek Wood Fire Grill (Brookings Steak Co.) 63 Wilbert's / Comfort Suites University (Den Wil Hospitality Group, Inc.) 64 The Wild Hare (Wonder, Inc.)10 65 Wooden Legs Brewing Co. 66 Woody's Axe Throwing, LLC 67 Yessica's Restaurant TOTAL 226 S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\MASTER LIST - License list for CC Pkt Page 1 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 21-0054,Version:1 Action on 2021 Outside Agency Funding Recommendations. Summary: The United Way submitted the 2021 outside agency funding recommendations. The City Council's direction assisted in the creation of an impact rubric for strategic funding. $266,500 is budgeted for 2021 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 in funding for outside agencies. $225,486 of 2021 funds were committed to non-profits through the new United Way funding process. In December, the Council committed additional one-time funding due to COVID-19. The United Way received all city social service requests. Total available funds for distribution are $266,500. Recommendation: Staff recommends approval of the 2021 social service agencies as recommended. Attachments: Memo Recommendation City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Work Session Memo From: Paul M. Briseno, City Manager Council Work Session: January 19, 2021 Subject: Outside Agency Funding Recommendation 2021 Person(s) Responsible: Paul M. Briseno, City Manager Heidi Gullickson, United Way Director Summary: The United Way submitted the 2021 outside agency recommendation. The Council's direction assisted in the creation of an impact rubric for strategic funding. $266,500 is budgeted for 2021 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. $225,486 of 2021 funds were committed to non-profits through the new United Way funding process. In December, the Council committed additional one-time funding due to COVID-19. The United Way received all city social service requests. Total available fu nds for distribution are $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 Council’s priorities assisted in providing a recommendation. Heidi Gullickson presented the recommendation to City Council at the January 19th Work Session. Councils approval of the process will set the following expectations for the 2022 budget:  July-Sept Council Sets Social Service Agency Funding Level  October/November – Council gives United Way Guidance/Priorities for Rubric  Nov/Dec – United Way Accept and Reviews Applications  January – Social Service Agency Recommendations and Final Council Action  TBD - Funding Impact Report Submissions Legal Consideration: There are no legal considerations at this time. Strategic Plan Considerations: The recommendation as presented through the budget process meets the comprehensive financial management policy in assuring the City of Brookings is accountable to its citizens for the use of public dollars. Financial Consideration: The recommendation meets the Governance and ends policy with the exception of limiting the contribution to 4% of the General Fund Expenditures. However, 2021’s overage is justified with increased community need due to COVID-19. Funds are properly budgeted for the funding of these social service agencies. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the 2021 social service agencies as recommended. 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 21-0042,Version:1 Action on a Preliminary Plat for Lots 1-9, Block 3A and Lots 1-3, Block 7, in Prairie Hills Addition. Summary: A preliminary plat has been submitted for Lots 1-9, Block 3A and Lots 1-3, Block 7, in Prairie Hills Addition. The preliminary plat includes 10 new commercial lots in Block 3A and 3 new commercial lots in Block 7 within roughly 10.32 acres located generally south of 20th Street South and east and west of Tallgrass Parkway. Background: Prairie Hills, LLC, has submitted a preliminary plat for Prairie Hills Addition. The preliminary plat includes 13 new commercial lots proposed for offices and storage units. The area is zoned as a Planned Development District with a B-2 and B-2A underlying zoning classification. The proposed use is consistent with the future land use map. The lots will sit south of 20th Street South on either side of Tallgrass Parkway. No new streets will be required and all internal drives and access will be private. The plat currently proposes four 30-foot shared access drives along 20th Street South in addition to an existing shared access drive currently serving Lot 11 of Block 3. Lot 11 of Block 3 will be combined into the new Lot 3A of Block 3A. Lots 3A, 7, and 9 will be served via access easements. A 1-foot no access easement will be established along 20th Street South at final platting once the shared access locations are finalized. A drainage plan submitted for the original development plan for Prairie Hills Addition is sufficient for the approval of this preliminary plat. The original drainage plan is being amended and final platting will be contingent on the completion of an amended drainage plan. Findings of Fact: 1.Lot dimensions and setbacks conform to B-2/B-2A standards. 2.The proposed development is consistent with the future land use map. 3.A preliminary drainage plan has been accepted. Recommendation: The Planning Commission recommended approval of the preliminary plat on January 5, 2021. The Development Review Team (DRT) and staff recommend approval of the preliminary plat. Attachments: Memo Legal Notice Planning Commission Minutes Preliminary Plat Area Map City of Brookings Printed on 1/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-0042,Version:1 Zoning Map City of Brookings Printed on 1/21/2021Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Meeting: January 26, 2021 Subject: Preliminary Plat for Lots 1-9, Block 3A and Lots 1-3, Block 7, in Prairie Hills Addition Person(s) Responsible: Mike Stuck, Community Development Director Summary: A preliminary plat has been submitted for Lots 1-9, Block 3A and Lots 1-3, Block 7, in Prairie Hills Addition. The preliminary plat includes 10 new commercial lots in Block 3A and 3 new commercial lots in Block 7 within roughly 10.32 acres located generally south of 20th Street South and east and west of Tallgrass Parkway. Background: Prairie Hills, LLC, has submitted a preliminary plat for Prairie Hills Addition. The preliminary plat includes 13 new commercial lots proposed for off ices and storage units. The area is zoned as a Planned Development District with a B-2 and B-2A underlying zoning classification. The proposed use is consistent with the future land use map. The lots will sit south of 20th Street South on either side of Tallgrass Parkway. No new streets will be required and all internal drives and access will be private. The plat currently proposes four 30-foot shared access drives along 20th Street South in addition to an existing shared access drive currently serving Lot 11 of Block 3. Lot 11 of Block 3 will be combined into the new Lot 3A of Block 3A. Lots 3A, 7, and 9 will be served via access easements. A 1-foot no access easement will be established along 20th St S at final platting once the shared access locations are finalized. A drainage plan submitted for the original development plan for Prairie Hills Addition is sufficient for the approval of this preliminary plat. The original drainage plan is being amended and final platting will be contingent on the completion of an amended drainage plan. Findings of Fact: 1. Lot dimensions and setbacks conform to B-2/B-2A standards. 2. The proposed development is consistent with the future land use map. 3. A preliminary drainage plan has been accepted. Item Details: The Prairie Hills Addition preliminary plat is consistent with the future land use plan. The land use plan calls for Urban Low Intensity, which is consistent with the B-2 and B- 2A zoning districts and use. Legal Consideration: None Financial Consideration: None Strategic Plan Consideration: This preliminary plat is consistent with the Comprehensive Plan’s Future Land Use Map as well as goals within the City Council Strategic Plan. The project will help promote economic expansion by specifically assisting with the development of Prairie Hills as identified in strategic plan. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a work session 5. Do nothing The Planning Commission recommended approval of the preliminary plat on January 5, 2021. The Development Review Team (DRT) and staff recommend approval of the preliminary plat. Supporting Documentation: Memo Legal Notice Planning Commission Minutes Preliminary Plat Area Map Zoning Map 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. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that Prairie Hills LLC. has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Block 3A, Prairie Hills Addition, and NE ¼ EX N40’ & SE ¼ EXC Platted Areas in Sec 2 -T109N-R50W NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, January 5, 2021, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of December, 2020. Ryan Miller City Planner Planning Commission Brookings, South Dakota January 5, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday January 5, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken , Ashley Biggar, James Drew, Greg Fargen, Jason Meusburger, Jacob Mills, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Also present were City Planner Ryan Miller, City Engineer Jackie Lanning, David Kneip, and others. Item #4b - Prairie Hills LLC has submitted a preliminary plat of Lots 1-9, Block 3A and Lots 1-3, Block 7 in Prairie Hills Addition Mills recused himself. (Meusburger/Fargen) Motion to approve the preliminary plat contingent upon an amended and approved drainage plan. All present voted aye. MOTION CARRIED. Item #4b – This plat is for 13 lots in the Prairie Hills Addition for commercial use. This area is zoned PDD with a B-2 and B-2A underlying zoning classifications. There will be shared access drives off of 20th Street South. The access drives will need to be approved at the final platting stage with a 1’ no access easement along 20th Street S. A drainage plan was submitted for the original Prairie Hills plan and it is currently being amended and will need approval before the plat will be sent to the City Council. Jacob Mills, representing Prairie Hills LLC, explained that they have had interest in professional office buildings in this area. He stated that after meeting with DRT they made some changes as suggested to the plan that include the access drives being 30’ rather than the 32’ and they modified Lot 3A as shown on the newly submitted Preliminary Plat that was provided to City Staff. Mills also explained that when Prairie Hills was originally designed, they completed a Drainage Plan for the entire development. Because of some changes, they will need to amend the drainage plan. The Prairie Hills development is only 15% complete but they have installed about 10 acres of detainment area. They currently are “over-detaining” in this area but the drainage plan needs to be revised to show this. 332,870 SF232,870 SF144,062 SF125,976 SF240,414 SF337,216 SF3A39,105 SF428,602 SF527,443 SF627,750 SF741,934 SF865,478 SF931,347 SF170.00'166.91'166.71'172.78'197.35'190.00'119.22' 77.27'182.15'200.67'207.36'142.30'142.30'334.84'195.02'54.99'197.30'62 . 6 2 ' 65.98'91.95'271.49'165.74'336.70'195.01'142.30'128.47'144.09'188.58'234.13'13.81'22.07'142.54'107.33'76.73'132.95'209.44'173.00'173.00'190.00'190.00'190.00'250.00'200.00'173.00'173.00'14.00'11.09'27.29'F:\20977-00\Design Phase\Acad\Block 3A Preliminary Plat.dwg;1/4/2021 10:05 AM REV I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBBJWJDBDECEMBER 202020977-00PRELIMINARY PLAT PRAIRIE HILLS ADDITION BROOKINGS, SOUTH DAKOTA 10 75 150 FT PROPERTY LINELEGEND:HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 03BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETVICINITY MAPSCALE: NONEMAIN AVE. S.20TH ST. S.PLATLOCATIONEXISTING UTILITY EASEMENTSETBACK LINEZONINGB-2/PDD ZONINGCOMMERCIAL:MINIMUM LOT AREA = 15,000 SFMINIMUM LOT WIDTH = 100 FTMAXIMUM HEIGHT = 45 FTFRONT YARD = 25 FTREAR YARD = 20 FTSIDE YARD = 5 FTDEVELOPERPRAIRIE HILLS LLCJOHN MILLS - MEMBER1323 MAIN AVE. SBROOKINGS, SOUTH DAKOTA 57006(605) 697-3118ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, LSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALPRAIRIE HILLS ADDITION BLOCK 3A - 8.36 AC.NE 1/4 EX N40' & SE 14 EXC PLATTED AREAS INSEC 2-T109N-R50WAPPROXIMATELY 111± AC.MEDARY AVE. S.20TH ST. STALLGRASS PKWY GOLDENROD TR.(PRIVATE)CHOKECHERRY L N . (PRIVATE) MEDARY AVE. SBLOCK 6BLOCK 3AWETLAND DTRACT 2UNPLATTEDNE 14 EXC. N 40' & SE 14EXC. PLATTED AREASIN SEC 2-T109N-R50WLOT 2 BLOCK 1 40' ROW 40'ROW45'ROW70'ROWEXISTING25' AE30' AE30' AE30' AE30' AEBLOCK 7 S SST332,870 SF232,870 SF144,062 SF125,976 SF240,414 SF337,216 SF3A39,105 SF428,602 SF527,443 SF627,750 SF741,934 SF865,478 SF1610161516081609 1611 16121613161416161617161816 0 5 1610 1615 16 0 2 16 0 31604 16061607 1608 1609161116121 6 1 3 16 1 41616 16171614 160716111615161116121613161416161597160616031 6 0 2 16 0 6 1605 16151610 931,347 SF170.00'166.91'166.71'172.78'197.35'190.00'119.22' 77.27'182.15'200.67'207.36'142.30'142.30'334.84'195.02'54.99'197.30'62 . 6 2 ' 65.98'91.95'271.49'165.74'336.70'195.01'142.30'128.47'144.09'188.58'234.13'13.81'22.07'142.54'107.33'76.73'132.95'209.44'173.00'173.00'190.00'190.00'190.00'250.00'200.00'173.00'173.00'14.00'11.09'27.29'F:\20977-00\Design Phase\Acad\Block 3A Preliminary Plat.dwg;1/4/2021 10:05 AM REV I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBBJWJDBDECEMBER 202020977-00GRADING PLAN PRAIRIE HILLS ADDITION BROOKINGS, SOUTH DAKOTA 2EXISTING STORM SEWERLEGEND:STEXISTING UTILITY EASEMENTPROPOSED STORM SEWERSTPROPERTY LINESETBACK LINE0 75 150 FTHORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 03BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETVICINITY MAPSCALE: NONEMAIN AVE. S.20TH ST. S.PLATLOCATIONMEDARY AVE. S.20TH ST. STALLGRASS PKWY GOLDENROD TR.CHOKECHERRY L N . MEDARY AVE. SBLOCK 6WETLAND DTRACT 2UNPLATTEDNE 14 EXC. N 40' & SE 14EXC. PLATTED AREASIN SEC 2-T109N-R50WLOT 2 BLOCK 1 40' ROW 40'ROW45'ROW70'ROWEXISTING PONDEXISTING PONDBLOCK 3ABLOCK 7 Area Map P reliminary Plat for Lots 1-9, Block 3A and Lots 1-3, Unnamed Block 149 ft Area Map P reliminary Plat for Lots 1-9, Block 3A and Lots 1-3, Unnamed Block 149 ft City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-007,Version:1 Action on Resolution 21-007, a Resolution authorizing the Retirement of Brookings Municipal Utility Bonds. Summary: This resolution will facilitate the retirement of BMU Bonds issued in 2006 and authorize the Executive Vice President and General Manager of BMU to execute documents necessary to retire the outstanding debt by BMU Resolution No. 1-21 passed by the BMU Board on January 11, 2021. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Meyer, BMU Executive VP/General Manager Council Meeting: January 26, 2021 Subject: Brookings Municipal Utilities (BMU) Bond Retirement Issued 2006 Person(s) Responsible: Steve Meyer Summary: This resolution will facilitate the retirement of BMU Bonds issued in 2006 and authorize the Executive Vice President and General Manager of BMU to execute documents necessary to retire the outstanding debt by BMU Resolution No. 1 -21 passed by the BMU Board on January 11, 2021. Background: The 2006 bond issue originally totaled $8,000,000. The bond funded underground facilities in the Electric Fund; 6th Street (Medary to 22nd Ave.) water and sewer mains in the Water and Wastewater Fund; and fiber to the home facilities in the Telephone Fund. The average interest rate on the outstanding debt is approximately 4.75% and the bonds were originally scheduled to be totally paid off b y December 2026. As of December 31, 2020, the outstanding balances totaled the amounts listed below: Outstanding Principal Balance Electric Fund $1,207,500 Water Fund $222,180 Wastewater Fund $180,320 Telephone Regulated $1,610,000 Total $3,220,000 Item Detail: The BMU Board and City Council have a history of working closely on BMU debt. Supporting resolutions make it clear that both bodies are in agreement, which makes the bonds more attractive to investors and likely to receive better terms when issuing debt. The supporting resolutions when retiring debt is a good practice that supports clear communication and transparency. Legal Consideration: None. Financial Consideration: The BMU 2021 Budget considered the retirement of the bonds issued in 2006. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 21-007 A Resolution Authorizing the Retirement of Brookings Municipal Utility Bonds Whereas, Brookings Municipal Utilities (BMU) has outstanding debt of $3,220,000 from municipal tax exempt bonds issued in 2006; and Whereas, the Brookings Municipal Utilities Board has determined that it is beneficial to BMU to retire the above mentioned bonds issued in 2006; and Whereas, the Brookings Municipal Utilities Board has further determined that there are sufficient resources within the BMU fund balances to retire the debt outstanding from the above mentioned bonds; and Whereas, on January 11, 2021 the Brookings Municipal Utilities Board authorized the Executive Vice President and General Manager of BMU to execute the documents necessary to retire the outstanding debt from the municipal tax free bonds issued in 2006 by BMU Resolution No. 1-21; and Whereas, the City Council recognizes the benefit of the retirement of the 2006 bonds; and Whereas, this authorization by the City Council will facilitate the retirement of the 2006 bonds. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the retirement of Brookings Municipal Utility Bonds issued in 2006 is hereby authorized; and B. That the Mayor, City Clerk, and the Executive Vice President and General Manager of BMU are authorized to execute the documents and notices required to retire the 2006 Brookings Municipal Utility Bonds in accordance with this Resolution Passed and approved on the 26th day of January, 2021. CITY OF BROOKINGS: ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-010,Version:1 Action on Resolution 21-010, a Resolution Amending the Consolidated Fee Schedule. Summary: This resolution will update Edgebrook Golf Course fees and Building Permit fees. Background: The City of Brookings charges fees to offset operational expenses and ensure the financial sustainability of programs and services. Staff aggregated all City fees into the Consolidated Fee Schedule which was adopted by City Council as part of the 2021 Budget process. From time to time, the Consolidated Fee Schedule will be revisited and updated to ensure that City fees are up-to-date and align with current markets. Fiscal Impact: Certain Edgebrook Golf Course fees will increase. The additional line items for building permits serve to clarify existing fees, resulting in no financial impact. Recommendation: Staff recommends approval. Attachments: Memo Resolution Consolidated Fee Schedule - Marked Consolidated Fee Schedule - Clean City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, CFO Council Meeting: January 26, 2021 Subject: Amending the Consolidated Fee Schedule Person(s) Responsible: Erick Rangel, CFO Dusty Rodiek, Parks Director Mike Struck, Community Development Director Summary: This resolution will update Edgebrook Golf Course fees and Building Permit fees. Background: The City of Brookings charges fees to offset operational expenses and ensure the financial sustainability of programs and services. Staff aggregated all City fees into the Consolidated Fee Schedule which was adopted by City Council as part of the 2021 Budget process. From time to time, the Consolidated Fee Schedule will be revisited and updated to ensure that City fees are up-to-date and align with current markets. Discussion: The City of Brookings charges fees for a variety of activities within the Parks and Recreation Department to offset operational expenses. Departmental fees are evaluated annually with proposed changes being reviewed by the Parks, Recreation & Forestry Advisory Board. During the annual fee review, Department staff identified Edgebrook Golf Course rates for a proposed user fee adjustment in order to more effectively support operations and reduce the level of subsidy required to provide golf services. The Edgebrook Golf Course was established as an Enterprise Fund and as such the minimum goal should be that the revenue it generates covers its operational expenses. Operational expenses have been addressed in the past two budget cycles, but user fees at the course have lagged in the market area. Comparable rates for similar communities in the region were researched and reviewed. The proposed fee adjustments maintain consistency with “like” services in the market area while continuing to offer a good value to the citizens of Brookings The proposed changes to the golf course rates are detailed as follows:  Most Unlimited Golf regular memberships remain similar to 2020  Creation of a flat rate golf cart package option instead of the current ½ cart membership structure.  Youth membership fee reduced but priced to encourage inclusion of young players into family memberships  Reduced the Early Bird discount from 15% to 10%  Combined Student/Young Adult membership with specific age range The streamlined pricing model simplifies membership options creating less confusion for customers and staff while providing all the current services. The proposed fee changes were reviewed and approved by the Parks, Recreation & Forestry Advisory Board at the January 4, 2021 meeting. The building permit fee adjustments serve to clarify existing valuation fees. These adjustments are as follows:  Added a line item for decks per square foot  Added a line item for finished basements per square foot – existing construction – to distinguish from new construction.  Added swimming pools to accessory structure fee description for clarification purposes. Legal Consideration: None. Financial Consideration: Certain Edgebrook Golf Course fees will increase. The additional line items for building permits serve to clarify existing fees, resulting in no financial impact. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Refer to a study session 4. Deny 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Consolidated Fee Schedule – Marked Consolidated Fee Schedule – Clean Resolution 21-010 Resolution Amending the Consolidated Fee Schedule W hereas, the City has adopted a Consolidated Fee Schedule, which sets various rates, fees, and charges for services provided; and W hereas, the adopted Municipal Code and City Policies make references to fees charged; and W hereas, it is prudent that the fees be reviewed for cost effectiveness . Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the amended Consolidated Fee Schedule as defined in the attached schedule. Dated at Brookings, SD, this 26th day of January, 2021. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: ______________________________________ Bonnie Foster, City Clerk General Government Fee Description Resolution City Code Fee Airport Land Lease Per Square Foot For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13 For Commercial Hangars 19-075 Sec. 18-42 $0.17 Late Fee Payment (After 30 Days)19-075 Sec. 18-42 3% of lease Fuel Flowage Per Gallon FBO 19-075 Sec. 18-42 $0.06 Per Gallon Others 19-075 Sec. 18-42 $0.06 Late Payment (after the 12th day of the month)3% of net gallons Crop Land Lease 19-075 Sec. 18-42 Based on Bid Tie Down Fee Per Day for Tie Down 3 Days or Longer (Collected by FBO with a 10% Collection Fee)Sec. 18-42 $25.00 Hangar Application Fee 19-075 Sec. 18-42 $25.00 Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00 ARFF Fee 19-075 Sec. 18-42 $100.00 Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 0% Collection Fee) Light/Mid Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $20.00 Supermid/Heavy Jet 19-075 Sec. 18-42 $40.00 Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00 Labor Rates (Per Hour/1 Hour Minimum) With Equipment 19-075 Sec. 18-42 $75.00 Without Equipment 19-075 Sec. 18-42 $50.00 Escort Fee 19-075 Sec. 18-42 $20.00 Self Fueling Permit Sec. 18-42 $100.00 Gate Card 19-075 Sec. 18-42 $10.00 Late Fee Payment (After 30 Days)Sec. 18-42 3% of amount due Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00 City Clerk Circuses/Carnivals Each Circus Per Day 19-075 Sec. 26-35 $75.00 Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00 Commercial Garbage Haulers License 19-075 Sec. 26-35 $50.00 Each annual renewal 19-075 Sec. 26-35 $25.00 House Movers (Per Year)19-075 Sec. 26-35 $50.00 Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00 Fee Description Resolution City Code Fee Plumbing Contractor License 19-075 Sec. 26-35 $50.00 Each annual renewal 19-075 Sec. 26-35 $25.00 Vehicles for Hire First vehicle for hire per year 19-075 Sec. 26-35 $25.00 Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00 Technology Equipment Use / per hour TBD TBD $65.00 Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00 DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00 Transportation Network Company License 19-075 Sec. 26-282 $250.00 License - New Drivers 19-075 Sec. 26-282 $25.00 Per Year 19-075 Sec. 26-282 $15.00 Food Truck (Per Year)19-075 Sec. 26-424 $75.00 Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00 Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00 Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00 Cost for Copies Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25 11" x 17" (Per Page)19-075 Sec. 3-03 $0.50 Code Enforcement Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00 Rental Dwelling License Inspection Fees (Per Structure) First and Second Inspection 19-075 Sec. 22-405 $0.00 Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00 Collection/Landfill Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00 Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00 Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax) 1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00 Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00 Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00 Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00 Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00 Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00 Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00 Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00 Fee Description Resolution City Code Fee Dumpster Charges - Additional Pick Up 1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00 Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00 Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00 Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00 240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00 Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Service Area Fee 19-075 Sec. 70-203 $9.50 Uncovered Load Fee 19-075 Sec. 70-203 $10.00 500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00 Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00 Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50 Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00 Mobile Homes 19-075 Sec. 70-203 $250.00 Tires ATV 19-075 Sec. 70-203 $2.00 Car 19-075 Sec. 70-203 $4.00 Pickup 19-075 Sec. 70-203 $6.00 Tire on Rim 19-075 Sec. 70-203 $8.00 Truck 19-075 Sec. 70-203 $13.00 Tractor 19-075 Sec. 70-203 $35.00 Electric Vehicle Charging Station Rates Hourly Rate for First Three (3) Hours 20-045 $1.00 Hourly Rate for Over Three (3) Hours 20-045 $2.00 City of Brookings and Brookings County Use 20-045 Exempt Fee Description Resolution City Code Fee Engineering - Residential Building Permit Fees The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Dwellings - Single-family dwellings, duplexes, townhouses Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $85.00 Finished Basements Per Square Foot 19-075 Sec. 22-35 $40.00 Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $25.00 Attached Garages Per Square Foot 19-075 Sec. 22-35 $25.00 Detached Garages Per Square Foot 19-075 Sec. 22-35 $20.00 Decks Per Square Foot **Line item added**21-010 Sec. 22-35 $25.00 Finished Basement Per Square Foot - Existing Construction **Line item added**21-010 Sec. 22-35 $15.00 Building Permit Fee Schedule Group R-3 and U Occupancies Only Total Valuation $1.00 to 1,200.00 19-075 Sec. 22-35 $20.00 $1,200.01 to 2,000.00 19-075 Sec. 22-35 $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 $2,000.01 to $25,000.00 19-075 Sec. 22-35 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,000.01 to 50,000.00 19-075 Sec. 22-35 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,000.01 to 100,000.00 19-075 Sec. 22-35 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. Fee Description Resolution City Code Fee $100,000.01 and Up 19-075 Sec. 22-35 $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Fee Description Resolution City Code Fee Commercial Building Permit Fees The value to be used in computing the building permit fee for all commercial construction, remodeling, renovation, and repairs shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site improvements and parking lot costs. 19-075 Sec. 22-35 Total Valuation 19-075 Sec. 22-35 $100,000.01 to 500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 $500,000.01 to 1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. Other Inspection Fees Inspection: sidewalks & curb ramps Sec. 22-35 $25.00 Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00 Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00 Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00 One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft. to include Swimming Pools. **Added swimming pools to description**21-010 Sec. 22-35 $30.00 Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $30.00 Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and R- 3 Uses 19-075 Sec. 22-35 $30.00 Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00 Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00 Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00 Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00 Work commencing before permit issuance: The minimum investigation fee shall be equal to the amount of the permit fee required by code.19-075 Sec. 22-35 Fee Description Resolution City Code Fee Fire Fire Protection System Fees Fire Sprinkler Systems TBD Sec. 34-81 $52.00 plus $2.00 per sprinkler head Retrofitted Fire Sprinkler Systems TBD Sec. 34-81 $52.00 plus $2.00 per sprinkler head Kitchen Hood Extinguishing Systems TBD Sec. 34-81 $100.00 Kitchen Hood Extinguishing Systems Modification TBD Sec. 34-81 $50.00 Clean Agent or Other Total Flooding System (Per Square Foot)TBD Sec. 34-81 $100.00 Fire Alarm Systems TBD Sec. 34-81 $128.00 plus $2.00 per each initiation and signaling device Fire Alarm System Modifications TBD Sec. 34-81 $64.00 plus $2.00 per each initiation and signaling device False Alarm Fire Calls When Trucks Roll First Call 19-075 $0.00 Second Call 19-075 $50.00 Third Call 19-075 $100.00 Flammable and Combustible Liquid Fees Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00 Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00 Site Plan Review Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00 Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 Fire Incident Reports 19-075 Sec. 3-03 $10.00 Industrial Land Crop Land Lease 19-075 Library Out of County Library Card Per Individual 19-075 Sec. 54-32 $35.00 Per Family 19-075 Sec. 54-32 $45.00 Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25 Fines (Per Day Books)19-075 Sec. 54-32 $0.10 Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00 Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00 Parks, Recreation, and Forestry Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00 Mowing (First Hour)19-075 Sec. 62-89 $150.00 Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00 Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00 Fee Description Resolution City Code Fee Sidewalk Snow Removal (First Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00 Sidewalk Snow Removal (Second Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00 DED Removal/BMU Line Clearance 19-075 Sec. 62-170 Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00 Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00 Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00 Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00 Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00 Equipment Rental Rates Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00 Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00 Ball Field Rental Rates Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00 Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00 Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00 Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00 Fishback Soccer Park Rental Rates Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00 Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00 Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00 Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00 Hillcrest Aquatics Center Season Pass Individual 19-075 Sec. 62-45 $60.00 Family of Three (3)19-075 Sec. 62-45 $150.00 Additional Family 19-075 Sec. 62-45 $25.00 Daily Admission 19-075 Sec. 62-45 $6.00 Discount Cards 19-075 Sec. 62-45 $54.00 Larson Ice Center Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00 Non groomed ice 19-075 Sec. 62-45 $100.00 Dryland training 19-075 Sec. 62-45 $60.00 Daily Admission 19-075 Sec. 62-45 $5.00 Punch Card 19-075 Sec. 62-45 $25.00 Skate/Helmet Rental 19-075 Sec. 62-45 $5.00 Adult Hockey 19-075 Sec. 62-45 $10.00 Adult Leagues Sand Volleyball League 19-075 Sec. 62-45 $60.00 Adult Kickball League 19-075 Sec. 62-45 $60.00 Fall Women's Volleyball 19-075 Sec. 62-45 $165.00 Winter Women's Volleyball 19-075 Sec. 62-45 $165.00 Fee Description Resolution City Code Fee Both Volleyball Sessions 19-075 Sec. 62-45 $305.00 Coed Volleyball 19-075 Sec. 62-45 $205.00 Basketball 19-075 Sec. 62-45 $205.00 Reservations Community Gardens (Per Season)19-075 Sec. 62-45 $30.00 5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00 Fee Description Resolution City Code Fee Picnic Shelter Reservations Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00 Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00 Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00 Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00 Larson Nature Center Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00 Classroom (Per Hour)19-075 Sec. 62-45 $50.00 Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00 Building (Per Hour)19-075 Sec. 62-45 $100.00 Equipment Rental (Per Hour) - Kayaks, Bikes, Paddleboards)19-075 Sec. 62-45 $7.00 Camping Camp Site with Electricity 19-075 Sec. 62-45 $25.00 Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00 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 Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00 Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00 Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00 Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00 Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00 Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00 Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00 Learn to Skate 30 minutes - Early Bird 19-075 Sec. 62-45 $30.00 45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00 60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00 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 Aqua Aerobics 19-075 Sec. 62-45 $31.00 First Tee Golf Program 19-075 Sec. 62-45 $95.00 Little Duffers 19-075 Sec. 62-45 $40.00 Adult Golf Lessons 19-075 Sec. 62-45 $40.00 Junior Tennis Academy 19-075 Sec. 62-45 $40.00 Adult Tennis Lessons 19-075 Sec. 62-45 $60.00 Tee Ball 19-075 Sec. 62-45 $50.00 Kickstart Soccer 19-075 Sec. 62-45 $35.00 Fishin' Fridays 19-075 Sec. 62-45 $24.00 Kayaking Class 19-075 Sec. 62-45 $30.00 Fee Description Resolution City Code Fee Learn to Skate 30 minutes 19-075 Sec. 62-45 $40.00 45 Minutes 19-075 Sec. 62-45 $50.00 60 Minutes 19-075 Sec. 62-45 $60.00 Planning and Zoning Change of Zone 19-075 Sec. 66-29 $250.00 Planned Development District 19-075 Sec. 66-29 $250.00 Final Development Plan 19-075 Sec. 66-29 $100.00 Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00 Final Development Plan Amendment 19-075 Sec. 66-29 $100.00 Board of Adjustment 19-075 Sec. 94-42 $150.00 Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00 Final Plats 19-075 Sec. 66-29 $160.00 Vacation 19-075 Sec. 66-29 $150.00 I-1R Site Plan 19-075 Sec. 66-29 $150.00 Conditional Use 19-075 Sec. 66-29 $250.00 Annexation 19-075 $150.00 Zoning & Use Registration Permit 19-075 Sec. 66-29 $75.00 Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00 Tax Increment Financing Application 19-075 $1,000.00 Permanent Signs Square Feet From 0 to less than 30 19-075 Sec. 94-467 $30.00 From 30 to less than 60 19-075 Sec. 94-467 $35.00 From 60 to less than 90 19-075 Sec. 94-467 $40.00 From 90 to less than 120 19-075 Sec. 94-467 $45.00 From 120 to less than 150 19-075 Sec. 94-467 $50.00 From 150 to less than 180 19-075 Sec. 94-467 $55.00 From 180 to less than 210 19-075 Sec. 94-467 $60.00 From 210 to less than 240 19-075 Sec. 94-467 $65.00 From 240 to less than 270 19-075 Sec. 94-467 $70.00 From 270 to less than 300 19-075 Sec. 94-467 $75.00 From 300 to less than 330 19-075 Sec. 94-467 $80.00 From 330 to less than 360 19-075 Sec. 94-467 $85.00 From 360 to less than 390 19-075 Sec. 94-467 $90.00 From 390 to less than 420 19-075 Sec. 94-467 $95.00 From 420 to less than 450 19-075 Sec. 94-467 $100.00 From 450 to less than 480 19-075 Sec. 94-467 $105.00 From 480 to less than 510 19-075 Sec. 94-467 $110.00 From 510 to less than 540 19-075 Sec. 94-467 $115.00 From 540 or more 19-075 Sec. 94-467 $120.00 Non- Permanent Signs 19-075 Sec. 94-467 $20.00 Fee Description Resolution City Code Fee Portable Signs Per Week 19-075 Sec. 94-467 $20.00 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 Banner Signs 19-075 Sec. 94-467 Fee Description Resolution City Code Fee Parking in Municipal Lots Permitted Parking in Municipal Parking Lots Six-Month Permit 19-075 Sec. 82-525 $100.00 Annual Permit 19-075 Sec. 82-525 $180.00 Police Department Moving of Structure Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00 Contract Police Officer Security Per Officer, Per Hour $50.00 Accident Reports Per Report 19-075 Sec. 3-03 $5.00 Pictures (Each)19-075 Sec. 3-03 $4.00 Storm Drainage Unit Financial Charge 19-075 Sec. 72-20 0.000625 Street Department Sign Repairs (Traffic Accidents and Vandalism)19-075 Replacement Cost, Labor, Sales Tax, and Excise Tax Street Repairs 19-075 Material Replacement Cost The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. 19-075 Fines and Violations Resolution City Code Section Offense Fine Costs Total Article 1 In General 19-075 14-2 Unwanted animals (per head acceptance fee)$20.00 $0.00 $20.00 19-075 14-3 Disturbance of Peace $30.00 $72.50 $102.50 19-075 14-4 Animals on school grounds, property or recreation areas $30.00 $72.50 $102.50 19-075 14-6 Number of pets limited $25.00 $72.50 $97.50 19-075 14-7 Unattended animals in standing vehicles $60.00 $72.50 $132.50 19-075 14-8 Stray, abandoned or unkempt animals $30.00 $72.50 $102.50 19-075 14-9 Public nuisance $30.00 $72.50 $102.50 Article 2 Cruelty to Animals and Related Charges 19-075 14-41 Cruelty to animals - generally $125.00 $72.50 $197.50 19-075 14-42 Teasing, baiting, or harassing animals $30.00 $72.50 $102.50 19-075 14-43 Humane care of animals $30.00 $72.50 $102.50 19-075 14-44 Poisoning of animals $125.00 $72.50 $197.50 19-075 14-45 Instigating or allowing fights between animals $250.00 $72.50 $322.50 19-075 14-47 Restraint of animal in vehicle $30.00 $72.50 $102.50 Article 3 Domestic Animals (Dogs and Cats Excepted) 19-075 14-81 Proximity of livestock to dwellings $30.00 $72.50 $102.50 19-075 14-82 Proximity of fowl to dwellings $30.00 $72.50 $102.50 19-075 14-83 Swine (per head)$30.00 $72.50 $102.50 19-075 14-84 Sanitary condition required $30.00 $72.50 $102.50 19-075 14-85 Keeping of Bees - prohibited $60.00 $72.50 $132.50 19-075 14-86 Pigeons $30.00 $72.50 $102.50 19-075 14-87 Livestock running at large (per head)$30.00 $72.50 $102.50 19-075 14-88 Fowl at large (per head)$30.00 $72.50 $102.50 19-075 14-89 Picketing $30.00 $72.50 $102.50 19-075 14-90 Keeping of game birds prohibited $30.00 $72.50 $102.50 Article 4 Division 1 Dogs and Cats - Generally 19-075 14-121 Dogs running at large 19-075 1st unlicensed $30.00 $72.50 $102.50 19-075 1st licensed $15.00 $72.50 $87.50 19-075 2nd offense $40.00 $72.50 $112.50 19-075 3rd and subsequent offenses $60.00 $72.50 $132.50 19-075 14-122 Impoundment of dogs (per impoundment)$25.00 $72.50 $97.50 Animal Control Resolution City Code Section Offense Fine Costs Total 19-075 14-123 Disturbing of the peace $30.00 $72.50 $102.50 19-075 14-125 Defecation disposal $30.00 $72.50 $102.50 19-075 14-126 Vicious or biting dog 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-127 Guard dogs (failure to post warning)$60.00 $72.50 $132.50 14-128 Sanitary conditions required $30.00 $72.50 $102.50 Article 4 - Division 2 Dogs and Cats - Licensing Requirements 19-075 14-151 License required $30.00 $72.50 $102.50 19-075 14-153 Rabies vaccination required $60.00 $72.50 $132.50 19-075 14-154 City License Fee (Altered)$10.00 $72.50 $82.50 19-075 14-154 City License Fee (Unaltered)$15.00 $72.50 $87.50 19-075 14-157 Dog or cat to wear tag $15.00 $72.50 $87.50 Article 4 - Division 3 Dogs and Cats - Impoundment and Redemption 19-075 14-182 Impoundment fees (per head)$25.00 $72.50 $97.50 Per day feed/care $20.00 $72.50 $92.50 19-075 14-186 Alternate Procedure $30.00 $72.50 $102.50 19-075 14-187 Pickup and transportation fee $30.00 $72.50 $102.50 19-075 Article 5 Wild or Dangerous Animals 19-075 14-221 Registration required $60.00 $72.50 $132.50 19-075 14-223 Running at large 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-224 Wild, hybrid or dangerous animals prohibited (fine & Seizure)$125.00 $72.50 $197.50 19-075 14-227 Owner to report escape of dangerous animals or animals not indigenous to State $125.00 $72.50 $197.50 19-075 14-229 Public nuisance (possession of wild, hybrid or dangerous animals prohibited)$125.00 $72.50 $197.50 19-075 14-230 Animals declared as a biting, dangerous or vicious animal prohibited $125.00 $72.50 $197.50 19-075 Article 6 - Division 1 Pet Shelters - Generally 19-075 14-263 Commercial pet shelter prohibited $30.00 $72.50 $102.50 19-075 14-264 Number of pets $60.00 $72.50 $132.50 19-075 14-265 Adequate facilities required $30.00 $72.50 $102.50 19-075 Article 6 - Division 2 Pet Shelters - License 19-075 14-291 License required $30.00 $72.50 $102.50 Miscellaneous Offenses 19-075 6-3 Open Container (Alcoholic Beverage) (Beer, Wine, Liquor in Vehicle or on Street $60.00 $72.50 $132.50 19-075 6-142 Attempt to Purchase $60.00 $72.50 $132.50 Resolution City Code Section Offense Fine Costs Total 19-075 6-143 Misrepresentation of Age $60.00 $72.50 $132.50 19-075 6-73 Possession of Keg Restricted $60.00 $72.50 $132.50 19-075 70-35 Littering $60.00 $72.50 $132.50 19-075 58-33 Resisting an Officer $60.00 $72.50 $132.50 19-075 58-36 Fleeing from a Police Officer $60.00 $72.50 $132.50 19-075 58-161 Public Urination $60.00 $72.50 $132.50 19-075 58-162 Disturbing the Peace - House Parties 19-075 58-162 First Offense $60.00 $72.50 $132.50 19-075 58-162 Second Offense (Within One (1) Year Period)$100.00 $72.50 $172.50 19-075 58-162 Third Offense (Within One (1) Year Period)$200.00 $72.50 $272.50 19-075 62-180 Hours Parks Open to the Public $60.00 $72.50 $132.50 19-075 70-37 Littering $60.00 $72.50 $132.50 19-075 70-107 Location of Collection Containers $30.00 $72.50 $102.50 19-075 74-141 - 74-149 Excavation Offenses $100.00 $72.50 $172.50 19-075 74-211 Failure to Remove Snow from Sidewalk $60.00 $72.50 $132.50 19-075 82-312 Texting While Driving $60.00 $72.50 $132.50 TBD 20-010 Coronavirus COVID 19 Violations First Offense $50.00 $72.50 $122.50 Second Offense $75.00 $72.50 $147.50 Third Offense $100.00 $72.50 $172.50 Parking Offenses with Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $35.00 $72.50 $107.50 19-075 82-427 Places Where Standing and Parking is Prohibited $35.00 $72.50 $107.50 19-075 82-428 Places Where Stopping is Prohibited $35.00 $72.50 $107.50 19-075 82-432 Parking in Excess of 72 Hours $35.00 $72.50 $107.50 19-075 82-433 Parking in Alleys $35.00 $72.50 $107.50 19-075 82-461 Designation of Prohibited Parking $35.00 $72.50 $107.50 19-075 82-462 Designation of Limited Parking $35.00 $72.50 $107.50 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$35.00 $72.50 $107.50 19-075 82-464 Parking at Night in Business Section $35.00 $72.50 $107.50 19-075 82-465 Parking Prohibited During Snow Removal $50.00 $72.50 $122.50 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $72.50 $172.50 19-075 82-521 Maximum Duration of Parking $35.00 $72.50 $107.50 TBD 82-522 Size of Vehicles $60.00 $72.50 $132.50 TBD 82-523 Prohibited Activities $60.00 $72.50 $132.50 TBD 82-524 Removal of Vehicles $60.00 $72.50 $132.50 TBD 82-525 Permit Parking $60.00 $72.50 $132.50 19-075 94-431(2)Front Yard Parking Prohibited $35.00 $72.50 $107.50 Resolution City Code Section Offense Fine Costs Total Parking Offenses If Paid Within 72 Hours/Without Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $30.00 $0.00 $30.00 19-075 82-427 Places Where Standing and Parking is Prohibited $30.00 $0.00 $30.00 19-075 82-428 Places Where Stopping is Prohibited $30.00 $0.00 $30.00 19-075 82-432 Parking in Excess of 72 Hours $30.00 $0.00 $30.00 19-075 82-433 Parking in Alleys $30.00 $0.00 $30.00 19-075 82-462 Designation of Limited Parking $30.00 $0.00 $30.00 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$30.00 $0.00 $30.00 19-075 82-464 Parking at Night in Business Section $30.00 $0.00 $30.00 19-075 82-465 Parking Prohibited During Snow Removal $40.00 $0.00 $40.00 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $0.00 $100.00 19-075 82-521 Maximum Duration of Parking $30.00 $0.00 $30.00 TBD 82-522 Size of Vehicles $60.00 $0.00 $60.00 TBD 82-523 Prohibited Activities $60.00 $0.00 $60.00 TBD 82-524 Removal of Vehicles $60.00 $0.00 $60.00 TBD 82-525 Permit Parking $60.00 $0.00 $60.00 19-075 94-431(2)Front Yard Parking Prohibited $20.00 $0.00 $20.00 Traffic Driving Offenses 19-075 82-127 Failure to Comply with Warning Ticket $60.00 $72.50 $132.50 19-075 82-167 Traffic Signals $60.00 $72.50 $132.50 19-075 82-203 Duty to Provide Information $60.00 $72.50 $132.50 19-075 82-206 Unattended Vehicle $60.00 $72.50 $132.50 19-075 82-207 Property Damage $60.00 $72.50 $132.50 19-075 82-208 Immediate Notice $60.00 $72.50 $132.50 19-075 82-241 Driver's License Violation $60.00 $72.50 $132.50 19-075 82-242 Age of Driver $60.00 $72.50 $132.50 19-075 82-243 License Plate Violation $60.00 $72.50 $132.50 19-075 82-244 Maximum Passengers $60.00 $72.50 $132.50 19-075 82-246 Driving on Sidewalk $60.00 $72.50 $132.50 19-075 82-247 Exhibition Driving $60.00 $72.50 $132.50 19-075 82-248 Following Too Closely $60.00 $72.50 $132.50 19-075 82-249 Following Fire Apparatus $60.00 $72.50 $132.50 19-075 82-251 Unsafe Backing $60.00 $72.50 $132.50 19-075 82-252 Driving Over Fire Hose $60.00 $72.50 $132.50 19-075 82-271 Driving on Left Side of Street $60.00 $72.50 $132.50 19-075 82-276 Driving on Divided Highway $60.00 $72.50 $132.50 19-075 82-277 Overtaking Vehicles/Pass to Left Required; Cutting in Front $60.00 $72.50 $132.50 19-075 82-279 Passing in No Passing Zone $60.00 $72.50 $132.50 19-075 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed $60.00 $72.50 $132.50 Resolution City Code Section Offense Fine Costs Total 19-075 82-303 82-304 82-305 Exceeding Limits Maximum Speed Speed Zones 1-5 MPH Over Speed Limit $19.00 $72.50 $91.50 6-10 MPH Over Speed Limit $39.00 $72.50 $111.50 11-15 MPH Over Speed Limit $59.00 $72.50 $131.50 16-20 MPH Over Speed Limit $79.00 $72.50 $151.50 21-25 MPH Over Speed Limit $99.00 $72.50 $171.50 Over 25 MPH Over Speed Limit (Court Appearance)$154.00 $72.50 $226.50 19-075 82-306 Speeding in School Zones 1-5 MPH Over Speed Limit $34.00 $72.50 $106.50 6-10 MPH Over Speed Limit $74.00 $72.50 $146.50 11-15 MPH Over Speed Limit $114.00 $72.50 $186.50 16-20 MPH Over Speed Limit $154.00 $72.50 $226.50 21-25 MPH Over Speed Limit $194.00 $72.50 $266.50 Over 25 MPH Over Speed Limit (Court Appearance)$200.00 $72.50 $272.50 19-075 82-309 Reckless Driving $70.00 $72.50 $142.50 19-075 82-310 Careless Driving $60.00 $72.50 $132.50 82-312 Texting While Driving $100.00 $72.50 $172.50 19-075 82-332 Right Turn $60.00 $72.50 $132.50 19-075 82-333 Left Turn $60.00 $72.50 $132.50 19-075 82-334 U-Turn Restricted $60.00 $72.50 $132.50 19-075 82-337 Cutting Corner $60.00 $72.50 $132.50 19-075 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily $60.00 $72.50 $132.50 19-075 82-365 Vehicle Entering Stop Intersection $60.00 $72.50 $132.50 19-075 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping $60.00 $72.50 $132.50 19-075 82-367 Obedience to Stop and Yield $60.00 $72.50 $132.50 19-075 82-369 Stop at Railroad Crossing Signal $60.00 $72.50 $132.50 19-075 82-392 Obedience (One Way Streets and Alleys)$60.00 $72.50 $132.50 19-075 82-424 Manner of Use of Diagonal Parking Spaces $60.00 $72.50 $132.50 19-075 82-561 Lights on Vehicle $60.00 $72.50 $132.50 19-075 82-563 Obstruction of Vision $60.00 $72.50 $132.50 19-075 82-565 Exhaust System $60.00 $72.50 $132.50 19-075 82-603 Pedestrian Right-of-Way $60.00 $72.50 $132.50 19-075 82-605 Jaywalking $60.00 $72.50 $132.50 Resolution City Code Section Offense Fine Costs Total 19-075 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys, Sidewalks, Boulevards, and Rights-of-Way $60.00 $72.50 $132.50 19-075 82-684 Operation of Snowmobiles on Public Property $60.00 $72.50 $132.50 19-075 82-721 Clinging to Moving Vehicles $60.00 $72.50 $132.50 19-075 82-751 Bicycle Offense $25.00 $72.50 $97.50 19-075 82-842 Driving Through Processions $60.00 $72.50 $132.50 Housing and Zoning Offenses 19-075 22-374 Agent Required $60.00 $72.50 $132.50 19-075 22-401 Licensing of Leased Dwelling Units $60.00 $72.50 $132.50 19-075 22-402 Filing of Application Forms $60.00 $72.50 $132.50 19-075 22-405 Payment of License Fees $60.00 $72.50 $132.50 19-075 22-432 Failure to Comply with Smoke Detector Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-433 Failure to Comply with Exit Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-434 Failure to Comply with Parking Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 94-123(c) 94-124(c) 94-125(c) 94-126(c) 94-127(c) 94-128(c) 94-129(c) 94-130(c) All Other Zoning Ordinances Violations First Offense $200.00 $72.50 $272.50 Second Offense $200.00 $72.50 $272.50 City of Brookings Edgebrook Golf Course Rates Fee Description Resolution Early Bird Regular Early Bird Regular % Change Early Bird % Change Regular Unlimited Golf Youth 21-010 190.00 225.00 90.00 100.00 -53%-56% Young Adult 21-010 465.00 550.00 -100%-100% Senior/Veteran 21-010 465.00 550.00 495.00 550.00 6%0% Young Adult Couple 21-010 520.00 610.00 -100%-100% Senior Couple 21-010 520.00 610.00 570.00 635.00 10%4% Individual 21-010 550.00 650.00 585.00 650.00 6%0% Couples 21-010 630.00 750.00 660.00 750.00 5%0% Family 21-010 720.00 850.00 750.00 815.00 4%-4% College Student/Young Adult (14-23 years)21-010 255.00 300.00 270.00 300.00 6%0% Half Cart Memberships **Line items added** Cart Membership (half cart - singles)21-010 290.00 325.00 0%0% Cart Membership (full cart - couples/family)21-010 370.00 425.00 0%0% Unlimited Golf + Half Cart Package **Line items removed** Young Adult 725.00 850.00 -100%-100% Senior/Veteran 725.00 850.00 -100%-100% Young Adult Couple 780.00 920.00 -100%-100% Senior Couple 780.00 920.00 -100%-100% Individual 745.00 875.00 -100%-100% Couples 805.00 950.00 -100%-100% Family 850.00 1,000.00 -100%-100% College Student 455.00 535.00 -100%-100% Punch Cards - 10 punches Green Fee - 9 Hole Rounds 21-010 185.00 165.00 N/A -11% Green Fee - 18 Hole Rounds 21-010 240.00 245.00 N/A 2% Par 3 Course Rounds 21-010 55.00 50.00 -9% Cart Fee - 9 Hole Rounds **Line item added**21-010 100.00 0% Cart Fee - 18 Hole Rounds **Line item added**21-010 245.00 N/A 0% Green Fees 9 holes 21-010 16.00 18.00 N/A 13% 18 holes 21-010 24.00 27.00 N/A 13% 9 holes (Weekday - Senior/Veterans) 21-010 13.00 15.00 N/A 15% 18 holes (Weekday - Senior/Veterans) 21-010 20.00 23.00 N/A 15% Carts Fees 9 holes 21-010 10.00 11.00 N/A 10% 18 holes 21-010 15.00 17.00 N/A 13% Driving Range Bucket of range balls 21-010 5.00 5.00 N/A 0% Add on to membership - Individual 21-010 150.00 160.00 N/A 7% Add on to membership - Family/Couple 21-010 200.00 215.00 N/A 8% Current Proposed General Government Fee Description Resolution City Code Fee Airport Land Lease Per Square Foot For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13 For Commercial Hangars 19-075 Sec. 18-42 $0.17 Late Fee Payment (After 30 Days)19-075 Sec. 18-42 3% of lease Fuel Flowage Per Gallon FBO 19-075 Sec. 18-42 $0.06 Per Gallon Others 19-075 Sec. 18-42 $0.06 Late Payment (after the 12th day of the month)3% of net gallons Crop Land Lease 19-075 Sec. 18-42 Based on Bid Tie Down Fee Per Day for Tie Down 3 Days or Longer (Collected by FBO with a 10% Collection Fee)Sec. 18-42 $25.00 Hangar Application Fee 19-075 Sec. 18-42 $25.00 Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00 ARFF Fee 19-075 Sec. 18-42 $100.00 Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 0% Collection Fee) Light/Mid Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $20.00 Supermid/Heavy Jet 19-075 Sec. 18-42 $40.00 Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00 Labor Rates (Per Hour/1 Hour Minimum) With Equipment 19-075 Sec. 18-42 $75.00 Without Equipment 19-075 Sec. 18-42 $50.00 Escort Fee 19-075 Sec. 18-42 $20.00 Self Fueling Permit Sec. 18-42 $100.00 Gate Card 19-075 Sec. 18-42 $10.00 Late Fee Payment (After 30 Days)Sec. 18-42 3% of amount due Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00 City Clerk Circuses/Carnivals Each Circus Per Day 19-075 Sec. 26-35 $75.00 Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00 Commercial Garbage Haulers License 19-075 Sec. 26-35 $50.00 Each annual renewal 19-075 Sec. 26-35 $25.00 House Movers (Per Year)19-075 Sec. 26-35 $50.00 Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00 Fee Description Resolution City Code Fee Plumbing Contractor License 19-075 Sec. 26-35 $50.00 Each annual renewal 19-075 Sec. 26-35 $25.00 Vehicles for Hire First vehicle for hire per year 19-075 Sec. 26-35 $25.00 Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00 Technology Equipment Use / per hour TBD TBD $65.00 Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00 DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00 Transportation Network Company License 19-075 Sec. 26-282 $250.00 License - New Drivers 19-075 Sec. 26-282 $25.00 Per Year 19-075 Sec. 26-282 $15.00 Food Truck (Per Year)19-075 Sec. 26-424 $75.00 Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00 Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00 Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00 Cost for Copies Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25 11" x 17" (Per Page)19-075 Sec. 3-03 $0.50 Code Enforcement Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00 Rental Dwelling License Inspection Fees (Per Structure) First and Second Inspection 19-075 Sec. 22-405 $0.00 Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00 Collection/Landfill Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00 Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00 Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax) 1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00 Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00 Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00 Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00 Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00 Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00 Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00 Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00 Fee Description Resolution City Code Fee Dumpster Charges - Additional Pick Up 1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00 Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00 Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00 Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00 240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00 Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 Service Area Fee 19-075 Sec. 70-203 $9.50 Uncovered Load Fee 19-075 Sec. 70-203 $10.00 500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00 Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00 Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50 Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00 Mobile Homes 19-075 Sec. 70-203 $250.00 Tires ATV 19-075 Sec. 70-203 $2.00 Car 19-075 Sec. 70-203 $4.00 Pickup 19-075 Sec. 70-203 $6.00 Tire on Rim 19-075 Sec. 70-203 $8.00 Truck 19-075 Sec. 70-203 $13.00 Tractor 19-075 Sec. 70-203 $35.00 Electric Vehicle Charging Station Rates Hourly Rate for First Three (3) Hours 20-045 $1.00 Hourly Rate for Over Three (3) Hours 20-045 $2.00 City of Brookings and Brookings County Use 20-045 Exempt Fee Description Resolution City Code Fee Engineering - Residential Building Permit Fees The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Dwellings - Single-family dwellings, duplexes, townhouses Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $85.00 Finished Basements Per Square Foot 19-075 Sec. 22-35 $40.00 Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $25.00 Attached Garages Per Square Foot 19-075 Sec. 22-35 $25.00 Detached Garages Per Square Foot 19-075 Sec. 22-35 $20.00 Decks Per Square Foot 21-010 Sec. 22-35 $25.00 Finished Basement Per Square Foot - Existing Construction 21-010 Sec. 22-35 $15.00 Building Permit Fee Schedule Group R-3 and U Occupancies Only Total Valuation $1.00 to 1,200.00 19-075 Sec. 22-35 $20.00 $1,200.01 to 2,000.00 19-075 Sec. 22-35 $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 $2,000.01 to $25,000.00 19-075 Sec. 22-35 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,000.01 to 50,000.00 19-075 Sec. 22-35 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,000.01 to 100,000.00 19-075 Sec. 22-35 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. Fee Description Resolution City Code Fee $100,000.01 and Up 19-075 Sec. 22-35 $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Fee Description Resolution City Code Fee Commercial Building Permit Fees The value to be used in computing the building permit fee for all commercial construction, remodeling, renovation, and repairs shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site improvements and parking lot costs. 19-075 Sec. 22-35 Total Valuation 19-075 Sec. 22-35 $100,000.01 to 500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 $500,000.01 to 1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. Other Inspection Fees Inspection: sidewalks & curb ramps Sec. 22-35 $25.00 Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00 Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00 Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00 One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft. to include Swimming Pools.21-010 Sec. 22-35 $30.00 Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $30.00 Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and R- 3 Uses 19-075 Sec. 22-35 $30.00 Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00 Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00 Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00 Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00 Work commencing before permit issuance: The minimum investigation fee shall be equal to the amount of the permit fee required by code.19-075 Sec. 22-35 Fee Description Resolution City Code Fee Fire Fire Protection System Fees Fire Sprinkler Systems TBD Sec. 34-81 $52.00 plus $2.00 per sprinkler head Retrofitted Fire Sprinkler Systems TBD Sec. 34-81 $52.00 plus $2.00 per sprinkler head Kitchen Hood Extinguishing Systems TBD Sec. 34-81 $100.00 Kitchen Hood Extinguishing Systems Modification TBD Sec. 34-81 $50.00 Clean Agent or Other Total Flooding System (Per Square Foot)TBD Sec. 34-81 $100.00 Fire Alarm Systems TBD Sec. 34-81 $128.00 plus $2.00 per each initiation and signaling device Fire Alarm System Modifications TBD Sec. 34-81 $64.00 plus $2.00 per each initiation and signaling device False Alarm Fire Calls When Trucks Roll First Call 19-075 $0.00 Second Call 19-075 $50.00 Third Call 19-075 $100.00 Flammable and Combustible Liquid Fees Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00 Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00 Site Plan Review Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00 Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 Fire Incident Reports 19-075 Sec. 3-03 $10.00 Industrial Land Crop Land Lease 19-075 Library Out of County Library Card Per Individual 19-075 Sec. 54-32 $35.00 Per Family 19-075 Sec. 54-32 $45.00 Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25 Fines (Per Day Books)19-075 Sec. 54-32 $0.10 Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00 Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00 Parks, Recreation, and Forestry Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00 Mowing (First Hour)19-075 Sec. 62-89 $150.00 Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00 Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00 Fee Description Resolution City Code Fee Sidewalk Snow Removal (First Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00 Sidewalk Snow Removal (Second Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00 DED Removal/BMU Line Clearance 19-075 Sec. 62-170 Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00 Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00 Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00 Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00 Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00 Equipment Rental Rates Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00 Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00 Ball Field Rental Rates Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00 Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00 Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00 Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00 Fishback Soccer Park Rental Rates Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00 Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00 Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00 Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00 Hillcrest Aquatics Center Season Pass Individual 19-075 Sec. 62-45 $60.00 Family of Three (3)19-075 Sec. 62-45 $150.00 Additional Family 19-075 Sec. 62-45 $25.00 Daily Admission 19-075 Sec. 62-45 $6.00 Discount Cards 19-075 Sec. 62-45 $54.00 Larson Ice Center Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00 Non groomed ice 19-075 Sec. 62-45 $100.00 Dryland training 19-075 Sec. 62-45 $60.00 Daily Admission 19-075 Sec. 62-45 $5.00 Punch Card 19-075 Sec. 62-45 $25.00 Skate/Helmet Rental 19-075 Sec. 62-45 $5.00 Adult Hockey 19-075 Sec. 62-45 $10.00 Adult Leagues Sand Volleyball League 19-075 Sec. 62-45 $60.00 Adult Kickball League 19-075 Sec. 62-45 $60.00 Fall Women's Volleyball 19-075 Sec. 62-45 $165.00 Winter Women's Volleyball 19-075 Sec. 62-45 $165.00 Fee Description Resolution City Code Fee Both Volleyball Sessions 19-075 Sec. 62-45 $305.00 Coed Volleyball 19-075 Sec. 62-45 $205.00 Basketball 19-075 Sec. 62-45 $205.00 Reservations Community Gardens (Per Season)19-075 Sec. 62-45 $30.00 5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00 Fee Description Resolution City Code Fee Picnic Shelter Reservations Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00 Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00 Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00 Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00 Larson Nature Center Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00 Classroom (Per Hour)19-075 Sec. 62-45 $50.00 Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00 Building (Per Hour)19-075 Sec. 62-45 $100.00 Equipment Rental (Per Hour) - Kayaks, Bikes, Paddleboards)19-075 Sec. 62-45 $7.00 Camping Camp Site with Electricity 19-075 Sec. 62-45 $25.00 Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00 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 Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00 Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00 Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00 Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00 Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00 Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00 Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00 Learn to Skate 30 minutes - Early Bird 19-075 Sec. 62-45 $30.00 45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00 60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00 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 Aqua Aerobics 19-075 Sec. 62-45 $31.00 First Tee Golf Program 19-075 Sec. 62-45 $95.00 Little Duffers 19-075 Sec. 62-45 $40.00 Adult Golf Lessons 19-075 Sec. 62-45 $40.00 Junior Tennis Academy 19-075 Sec. 62-45 $40.00 Adult Tennis Lessons 19-075 Sec. 62-45 $60.00 Tee Ball 19-075 Sec. 62-45 $50.00 Kickstart Soccer 19-075 Sec. 62-45 $35.00 Fishin' Fridays 19-075 Sec. 62-45 $24.00 Kayaking Class 19-075 Sec. 62-45 $30.00 Fee Description Resolution City Code Fee Learn to Skate 30 minutes 19-075 Sec. 62-45 $40.00 45 Minutes 19-075 Sec. 62-45 $50.00 60 Minutes 19-075 Sec. 62-45 $60.00 Planning and Zoning Change of Zone 19-075 Sec. 66-29 $250.00 Planned Development District 19-075 Sec. 66-29 $250.00 Final Development Plan 19-075 Sec. 66-29 $100.00 Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00 Final Development Plan Amendment 19-075 Sec. 66-29 $100.00 Board of Adjustment 19-075 Sec. 94-42 $150.00 Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00 Final Plats 19-075 Sec. 66-29 $160.00 Vacation 19-075 Sec. 66-29 $150.00 I-1R Site Plan 19-075 Sec. 66-29 $150.00 Conditional Use 19-075 Sec. 66-29 $250.00 Annexation 19-075 $150.00 Zoning & Use Registration Permit 19-075 Sec. 66-29 $75.00 Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00 Tax Increment Financing Application 19-075 $1,000.00 Permanent Signs Square Feet From 0 to less than 30 19-075 Sec. 94-467 $30.00 From 30 to less than 60 19-075 Sec. 94-467 $35.00 From 60 to less than 90 19-075 Sec. 94-467 $40.00 From 90 to less than 120 19-075 Sec. 94-467 $45.00 From 120 to less than 150 19-075 Sec. 94-467 $50.00 From 150 to less than 180 19-075 Sec. 94-467 $55.00 From 180 to less than 210 19-075 Sec. 94-467 $60.00 From 210 to less than 240 19-075 Sec. 94-467 $65.00 From 240 to less than 270 19-075 Sec. 94-467 $70.00 From 270 to less than 300 19-075 Sec. 94-467 $75.00 From 300 to less than 330 19-075 Sec. 94-467 $80.00 From 330 to less than 360 19-075 Sec. 94-467 $85.00 From 360 to less than 390 19-075 Sec. 94-467 $90.00 From 390 to less than 420 19-075 Sec. 94-467 $95.00 From 420 to less than 450 19-075 Sec. 94-467 $100.00 From 450 to less than 480 19-075 Sec. 94-467 $105.00 From 480 to less than 510 19-075 Sec. 94-467 $110.00 From 510 to less than 540 19-075 Sec. 94-467 $115.00 From 540 or more 19-075 Sec. 94-467 $120.00 Non- Permanent Signs 19-075 Sec. 94-467 $20.00 Fee Description Resolution City Code Fee Portable Signs Per Week 19-075 Sec. 94-467 $20.00 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 Banner Signs 19-075 Sec. 94-467 Fee Description Resolution City Code Fee Parking in Municipal Lots Permitted Parking in Municipal Parking Lots Six-Month Permit 19-075 Sec. 82-525 $100.00 Annual Permit 19-075 Sec. 82-525 $180.00 Police Department Moving of Structure Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00 Contract Police Officer Security Per Officer, Per Hour $50.00 Accident Reports Per Report 19-075 Sec. 3-03 $5.00 Pictures (Each)19-075 Sec. 3-03 $4.00 Storm Drainage Unit Financial Charge 19-075 Sec. 72-20 0.000625 Street Department Sign Repairs (Traffic Accidents and Vandalism)19-075 Replacement Cost, Labor, Sales Tax, and Excise Tax Street Repairs 19-075 Material Replacement Cost The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. 19-075 Fines and Violations Resolution City Code Section Offense Fine Costs Total Article 1 In General 19-075 14-2 Unwanted animals (per head acceptance fee)$20.00 $0.00 $20.00 19-075 14-3 Disturbance of Peace $30.00 $72.50 $102.50 19-075 14-4 Animals on school grounds, property or recreation areas $30.00 $72.50 $102.50 19-075 14-6 Number of pets limited $25.00 $72.50 $97.50 19-075 14-7 Unattended animals in standing vehicles $60.00 $72.50 $132.50 19-075 14-8 Stray, abandoned or unkempt animals $30.00 $72.50 $102.50 19-075 14-9 Public nuisance $30.00 $72.50 $102.50 Article 2 Cruelty to Animals and Related Charges 19-075 14-41 Cruelty to animals - generally $125.00 $72.50 $197.50 19-075 14-42 Teasing, baiting, or harassing animals $30.00 $72.50 $102.50 19-075 14-43 Humane care of animals $30.00 $72.50 $102.50 19-075 14-44 Poisoning of animals $125.00 $72.50 $197.50 19-075 14-45 Instigating or allowing fights between animals $250.00 $72.50 $322.50 19-075 14-47 Restraint of animal in vehicle $30.00 $72.50 $102.50 Article 3 Domestic Animals (Dogs and Cats Excepted) 19-075 14-81 Proximity of livestock to dwellings $30.00 $72.50 $102.50 19-075 14-82 Proximity of fowl to dwellings $30.00 $72.50 $102.50 19-075 14-83 Swine (per head)$30.00 $72.50 $102.50 19-075 14-84 Sanitary condition required $30.00 $72.50 $102.50 19-075 14-85 Keeping of Bees - prohibited $60.00 $72.50 $132.50 19-075 14-86 Pigeons $30.00 $72.50 $102.50 19-075 14-87 Livestock running at large (per head)$30.00 $72.50 $102.50 19-075 14-88 Fowl at large (per head)$30.00 $72.50 $102.50 19-075 14-89 Picketing $30.00 $72.50 $102.50 19-075 14-90 Keeping of game birds prohibited $30.00 $72.50 $102.50 Article 4 Division 1 Dogs and Cats - Generally 19-075 14-121 Dogs running at large 19-075 1st unlicensed $30.00 $72.50 $102.50 19-075 1st licensed $15.00 $72.50 $87.50 19-075 2nd offense $40.00 $72.50 $112.50 19-075 3rd and subsequent offenses $60.00 $72.50 $132.50 19-075 14-122 Impoundment of dogs (per impoundment)$25.00 $72.50 $97.50 Animal Control Resolution City Code Section Offense Fine Costs Total 19-075 14-123 Disturbing of the peace $30.00 $72.50 $102.50 19-075 14-125 Defecation disposal $30.00 $72.50 $102.50 19-075 14-126 Vicious or biting dog 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-127 Guard dogs (failure to post warning)$60.00 $72.50 $132.50 14-128 Sanitary conditions required $30.00 $72.50 $102.50 Article 4 - Division 2 Dogs and Cats - Licensing Requirements 19-075 14-151 License required $30.00 $72.50 $102.50 19-075 14-153 Rabies vaccination required $60.00 $72.50 $132.50 19-075 14-154 City License Fee (Altered)$10.00 $72.50 $82.50 19-075 14-154 City License Fee (Unaltered)$15.00 $72.50 $87.50 19-075 14-157 Dog or cat to wear tag $15.00 $72.50 $87.50 Article 4 - Division 3 Dogs and Cats - Impoundment and Redemption 19-075 14-182 Impoundment fees (per head)$25.00 $72.50 $97.50 Per day feed/care $20.00 $72.50 $92.50 19-075 14-186 Alternate Procedure $30.00 $72.50 $102.50 19-075 14-187 Pickup and transportation fee $30.00 $72.50 $102.50 19-075 Article 5 Wild or Dangerous Animals 19-075 14-221 Registration required $60.00 $72.50 $132.50 19-075 14-223 Running at large 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-224 Wild, hybrid or dangerous animals prohibited (fine & Seizure)$125.00 $72.50 $197.50 19-075 14-227 Owner to report escape of dangerous animals or animals not indigenous to State $125.00 $72.50 $197.50 19-075 14-229 Public nuisance (possession of wild, hybrid or dangerous animals prohibited)$125.00 $72.50 $197.50 19-075 14-230 Animals declared as a biting, dangerous or vicious animal prohibited $125.00 $72.50 $197.50 19-075 Article 6 - Division 1 Pet Shelters - Generally 19-075 14-263 Commercial pet shelter prohibited $30.00 $72.50 $102.50 19-075 14-264 Number of pets $60.00 $72.50 $132.50 19-075 14-265 Adequate facilities required $30.00 $72.50 $102.50 19-075 Article 6 - Division 2 Pet Shelters - License 19-075 14-291 License required $30.00 $72.50 $102.50 Miscellaneous Offenses 19-075 6-3 Open Container (Alcoholic Beverage) (Beer, Wine, Liquor in Vehicle or on Street $60.00 $72.50 $132.50 19-075 6-142 Attempt to Purchase $60.00 $72.50 $132.50 Resolution City Code Section Offense Fine Costs Total 19-075 6-143 Misrepresentation of Age $60.00 $72.50 $132.50 19-075 6-73 Possession of Keg Restricted $60.00 $72.50 $132.50 19-075 70-35 Littering $60.00 $72.50 $132.50 19-075 58-33 Resisting an Officer $60.00 $72.50 $132.50 19-075 58-36 Fleeing from a Police Officer $60.00 $72.50 $132.50 19-075 58-161 Public Urination $60.00 $72.50 $132.50 19-075 58-162 Disturbing the Peace - House Parties 19-075 58-162 First Offense $60.00 $72.50 $132.50 19-075 58-162 Second Offense (Within One (1) Year Period)$100.00 $72.50 $172.50 19-075 58-162 Third Offense (Within One (1) Year Period)$200.00 $72.50 $272.50 19-075 62-180 Hours Parks Open to the Public $60.00 $72.50 $132.50 19-075 70-37 Littering $60.00 $72.50 $132.50 19-075 70-107 Location of Collection Containers $30.00 $72.50 $102.50 19-075 74-141 - 74-149 Excavation Offenses $100.00 $72.50 $172.50 19-075 74-211 Failure to Remove Snow from Sidewalk $60.00 $72.50 $132.50 19-075 82-312 Texting While Driving $60.00 $72.50 $132.50 TBD 20-010 Coronavirus COVID 19 Violations First Offense $50.00 $72.50 $122.50 Second Offense $75.00 $72.50 $147.50 Third Offense $100.00 $72.50 $172.50 Parking Offenses with Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $35.00 $72.50 $107.50 19-075 82-427 Places Where Standing and Parking is Prohibited $35.00 $72.50 $107.50 19-075 82-428 Places Where Stopping is Prohibited $35.00 $72.50 $107.50 19-075 82-432 Parking in Excess of 72 Hours $35.00 $72.50 $107.50 19-075 82-433 Parking in Alleys $35.00 $72.50 $107.50 19-075 82-461 Designation of Prohibited Parking $35.00 $72.50 $107.50 19-075 82-462 Designation of Limited Parking $35.00 $72.50 $107.50 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$35.00 $72.50 $107.50 19-075 82-464 Parking at Night in Business Section $35.00 $72.50 $107.50 19-075 82-465 Parking Prohibited During Snow Removal $50.00 $72.50 $122.50 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $72.50 $172.50 19-075 82-521 Maximum Duration of Parking $35.00 $72.50 $107.50 TBD 82-522 Size of Vehicles $60.00 $72.50 $132.50 TBD 82-523 Prohibited Activities $60.00 $72.50 $132.50 TBD 82-524 Removal of Vehicles $60.00 $72.50 $132.50 TBD 82-525 Permit Parking $60.00 $72.50 $132.50 19-075 94-431(2)Front Yard Parking Prohibited $35.00 $72.50 $107.50 Resolution City Code Section Offense Fine Costs Total Parking Offenses If Paid Within 72 Hours/Without Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $30.00 $0.00 $30.00 19-075 82-427 Places Where Standing and Parking is Prohibited $30.00 $0.00 $30.00 19-075 82-428 Places Where Stopping is Prohibited $30.00 $0.00 $30.00 19-075 82-432 Parking in Excess of 72 Hours $30.00 $0.00 $30.00 19-075 82-433 Parking in Alleys $30.00 $0.00 $30.00 19-075 82-462 Designation of Limited Parking $30.00 $0.00 $30.00 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$30.00 $0.00 $30.00 19-075 82-464 Parking at Night in Business Section $30.00 $0.00 $30.00 19-075 82-465 Parking Prohibited During Snow Removal $40.00 $0.00 $40.00 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $0.00 $100.00 19-075 82-521 Maximum Duration of Parking $30.00 $0.00 $30.00 TBD 82-522 Size of Vehicles $60.00 $0.00 $60.00 TBD 82-523 Prohibited Activities $60.00 $0.00 $60.00 TBD 82-524 Removal of Vehicles $60.00 $0.00 $60.00 TBD 82-525 Permit Parking $60.00 $0.00 $60.00 19-075 94-431(2)Front Yard Parking Prohibited $20.00 $0.00 $20.00 Traffic Driving Offenses 19-075 82-127 Failure to Comply with Warning Ticket $60.00 $72.50 $132.50 19-075 82-167 Traffic Signals $60.00 $72.50 $132.50 19-075 82-203 Duty to Provide Information $60.00 $72.50 $132.50 19-075 82-206 Unattended Vehicle $60.00 $72.50 $132.50 19-075 82-207 Property Damage $60.00 $72.50 $132.50 19-075 82-208 Immediate Notice $60.00 $72.50 $132.50 19-075 82-241 Driver's License Violation $60.00 $72.50 $132.50 19-075 82-242 Age of Driver $60.00 $72.50 $132.50 19-075 82-243 License Plate Violation $60.00 $72.50 $132.50 19-075 82-244 Maximum Passengers $60.00 $72.50 $132.50 19-075 82-246 Driving on Sidewalk $60.00 $72.50 $132.50 19-075 82-247 Exhibition Driving $60.00 $72.50 $132.50 19-075 82-248 Following Too Closely $60.00 $72.50 $132.50 19-075 82-249 Following Fire Apparatus $60.00 $72.50 $132.50 19-075 82-251 Unsafe Backing $60.00 $72.50 $132.50 19-075 82-252 Driving Over Fire Hose $60.00 $72.50 $132.50 19-075 82-271 Driving on Left Side of Street $60.00 $72.50 $132.50 19-075 82-276 Driving on Divided Highway $60.00 $72.50 $132.50 19-075 82-277 Overtaking Vehicles/Pass to Left Required; Cutting in Front $60.00 $72.50 $132.50 19-075 82-279 Passing in No Passing Zone $60.00 $72.50 $132.50 19-075 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed $60.00 $72.50 $132.50 Resolution City Code Section Offense Fine Costs Total 19-075 82-303 82-304 82-305 Exceeding Limits Maximum Speed Speed Zones 1-5 MPH Over Speed Limit $19.00 $72.50 $91.50 6-10 MPH Over Speed Limit $39.00 $72.50 $111.50 11-15 MPH Over Speed Limit $59.00 $72.50 $131.50 16-20 MPH Over Speed Limit $79.00 $72.50 $151.50 21-25 MPH Over Speed Limit $99.00 $72.50 $171.50 Over 25 MPH Over Speed Limit (Court Appearance)$154.00 $72.50 $226.50 19-075 82-306 Speeding in School Zones 1-5 MPH Over Speed Limit $34.00 $72.50 $106.50 6-10 MPH Over Speed Limit $74.00 $72.50 $146.50 11-15 MPH Over Speed Limit $114.00 $72.50 $186.50 16-20 MPH Over Speed Limit $154.00 $72.50 $226.50 21-25 MPH Over Speed Limit $194.00 $72.50 $266.50 Over 25 MPH Over Speed Limit (Court Appearance)$200.00 $72.50 $272.50 19-075 82-309 Reckless Driving $70.00 $72.50 $142.50 19-075 82-310 Careless Driving $60.00 $72.50 $132.50 82-312 Texting While Driving $100.00 $72.50 $172.50 19-075 82-332 Right Turn $60.00 $72.50 $132.50 19-075 82-333 Left Turn $60.00 $72.50 $132.50 19-075 82-334 U-Turn Restricted $60.00 $72.50 $132.50 19-075 82-337 Cutting Corner $60.00 $72.50 $132.50 19-075 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily $60.00 $72.50 $132.50 19-075 82-365 Vehicle Entering Stop Intersection $60.00 $72.50 $132.50 19-075 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping $60.00 $72.50 $132.50 19-075 82-367 Obedience to Stop and Yield $60.00 $72.50 $132.50 19-075 82-369 Stop at Railroad Crossing Signal $60.00 $72.50 $132.50 19-075 82-392 Obedience (One Way Streets and Alleys)$60.00 $72.50 $132.50 19-075 82-424 Manner of Use of Diagonal Parking Spaces $60.00 $72.50 $132.50 19-075 82-561 Lights on Vehicle $60.00 $72.50 $132.50 19-075 82-563 Obstruction of Vision $60.00 $72.50 $132.50 19-075 82-565 Exhaust System $60.00 $72.50 $132.50 19-075 82-603 Pedestrian Right-of-Way $60.00 $72.50 $132.50 19-075 82-605 Jaywalking $60.00 $72.50 $132.50 Resolution City Code Section Offense Fine Costs Total 19-075 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys, Sidewalks, Boulevards, and Rights-of-Way $60.00 $72.50 $132.50 19-075 82-684 Operation of Snowmobiles on Public Property $60.00 $72.50 $132.50 19-075 82-721 Clinging to Moving Vehicles $60.00 $72.50 $132.50 19-075 82-751 Bicycle Offense $25.00 $72.50 $97.50 19-075 82-842 Driving Through Processions $60.00 $72.50 $132.50 Housing and Zoning Offenses 19-075 22-374 Agent Required $60.00 $72.50 $132.50 19-075 22-401 Licensing of Leased Dwelling Units $60.00 $72.50 $132.50 19-075 22-402 Filing of Application Forms $60.00 $72.50 $132.50 19-075 22-405 Payment of License Fees $60.00 $72.50 $132.50 19-075 22-432 Failure to Comply with Smoke Detector Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-433 Failure to Comply with Exit Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-434 Failure to Comply with Parking Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 94-123(c) 94-124(c) 94-125(c) 94-126(c) 94-127(c) 94-128(c) 94-129(c) 94-130(c) All Other Zoning Ordinances Violations First Offense $200.00 $72.50 $272.50 Second Offense $200.00 $72.50 $272.50 City of Brookings Edgebrook Golf Course Rates Fee Description Resolution Early Bird Regular Unlimited Golf Youth 21-010 90.00 100.00 Senior/Veteran 21-010 495.00 550.00 Senior Couple 21-010 570.00 635.00 Individual 21-010 585.00 650.00 Couples 21-010 660.00 750.00 Family 21-010 750.00 815.00 Student/Yound adult (14-23 Yrs)21-010 270.00 300.00 Cart Membership (half cart - singles)21-010 290.00 325.00 Cart Membership (full cart - couples/family)21-010 370.00 425.00 Punch Cards - 10 punches Green Fee - 9 Hole Rounds 21-010 165.00 Green Fee - 18 Hole Rounds 21-010 245.00 Par 3 Course Rounds 21-010 50.00 Cart Fee - 9 Hole Rounds 21-010 100.00 Cart Fee - 18 Hole Rounds 21-010 245.00 Green Fees 9 holes 21-010 18.00 18 holes 21-010 27.00 9 holes (Weekday - Senior/Veterans) 21-010 15.00 18 holes (Weekday - Senior/Veterans) 21-010 23.00 Carts Fees 9 holes (per rider)21-010 11.00 18 holes (per rider)21-010 17.00 Driving Range Bucket of range balls 21-010 5.00 Add on to membership - Individual 21-010 160.00 Add on to membership - Family/Couple 21-010 215.00 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 21-011,Version:1 Action on Resolution 21-011, a Resolution Authorizing the Mayor to Execute a Property Transfer Agreement with the State of South Dakota. Summary: This resolution will authorize the Mayor to execute a property transfer agreement with the South Dakota Department of Transportation. The acquired property will be a portion of the future right-of- way of 24th Street, a future collector street in the northeast portion of the community. Background: The City of Brookings owns industrial land in the Svennes Industrial Park in the northeast portion of the community. The industrial park is currently served by 32nd Avenue, which extends half a mile north of the US Highway 14 Bypass, where it dead-ends. There are no additional east/west connecting streets north of the Highway 14 Bypass. In 2006, the South Dakota Department of Transportation (DOT) purchased property from the City of Brookings to relocate their highway maintenance facility from the northeast quadrant on 6th Street and Interstate 29. The DOT maintenance facility consists of 18.29 acres adjacent to 34th Avenue. Brookings Municipal Utilities has a forty (40”) foot utility easement along the north lot of the DOT facility. The City of Brookings Subdivision Regulations allow the maximum length of a cul-de-sac to be six hundred (600’) feet. In this case, the street extends 2,700 feet north of the Highway 14 Bypass. A temporary turn around may be required in situations where the street will eventually be continued. In this case, the remaining land on the north end is not conducive to a temporary turn around for large vehicles. The proposed 24th Street is identified in the Major Street Plan as a future collector and would provide better connectivity for businesses in this area. In addition, the proposed street would create better access to the remaining undeveloped 3.5 acres of industrial land on the east side of 32 nd Avenue as well as provide access to a future development to the north. Fiscal Impact: None Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 1/21/2021Page 1 of 2 powered by Legistar™ File #:RES 21-011,Version:1 Agreement Exhibit Map City of Brookings Printed on 1/21/2021Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: January 26, 2021 Subject: 24th Street Property Transfer Agreement Person(s) Responsible: Mike Struck, Community Development Director Summary: This resolution will authorize the Mayor to execute a property transfer agreement with the South Dakota Department of Transportation. The acquired property will be a portion of the future right-of-way of 24th Street, a future collector street in the northeast portion of the community. Background: The City of Brookings owns industrial land in the Svennes Industrial Park in the northeast portion of the community. The industrial park is currently served by 32nd Avenue, which extends half a mile north of the US Highway 14 Bypass, where it dead- ends. There are no additional east/west connecting streets north of the Highway 14 Bypass. In 2006, the South Dakota Department of Transportation (DOT) purchased property from the City of Brookings to relocate their highway maintenance facility from the northeast quadrant on 6th Street and Interstate 29. The DOT maintenance facility consists of 18.29 acres adjacent to 34th Avenue. Brookings Municipal Utilities has a forty (40”) foot utility easement along the north lot of the DOT facility. The City of Brookings Subdivision Regulations allow the maximum length of a cul-de- sac to be six hundred (600’) feet. In this case, the street extends 2,700 feet north of the Highway 14 Bypass. A temporary turn around may be required in situations where the street will eventually be continued. In this case, the remaining land on the north end is not conducive to a temporary turn around for large vehicles. The proposed 24th Street is identified in the Major Street Plan as a future collector and would provide better connectivity for businesses in this area. In addition, the proposed street would create better access to the remaining undeveloped 3.5 acres of industrial land on the east side of 32nd Avenue as well as provide access to a future development to the north. Item Details: Staff approached the DOT Regional Engineer in the Summer 2020 to discuss the potential of converting an existing utility easement into right-of-way. The DOT was favorable to the proposal and drafted a property transfer agreement between the State of South Dakota and the City of Brookings. A key item in the property transfer agreement is the State of South Dakota will not be liable for any current or future costs associated with the street improvements, repairs, or maintenance. Legal Consideration: None. Financial Consideration: No financial compensation is proposed for this property transfer. Strategic Plan Consideration: The property transfer is a key component of obtaining the necessary right-of-way to proceed with constructing 24th Street. The proposed street is identified in the Comprehensive Plan as a future collector street. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Agreement Exhibit Map Resolution 21-011 A Resolution Authorizing the Mayor to Sign an Agreement with State of South Dakota for Property Transfer for the Future Right-of-Way of 24th Street Whereas, the Brookings City Council desires the construction improvement of 24th Street from 32nd Avenue to 34th Avenue in Brookings, SD; and Whereas, the City of Brookings desires the State of South Dakota , Department of Transportation dedicate forty feet (40’) of right-of-way; and Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in the “Property Transfer Agreement Between State of South Dakota, Department of Transportation and City of Brookings. Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the “Property Transfer Agreement Between State of South Dakota, Department of Transportation and City of Brookings.” Dated this 26th day of January, 2021. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk DOT-962 (09/2013) Page 1 of 3 DOT Legal: _______ PROPERTY TRANSFER BETWEEN STATE OF SOUTH DAKOTA AND CITY OF BROOKINGS, SOUTH DAKOTA This Agreement is between the State of South Dakota, acting by and through its Department of Transportation, referred to in this Agreement as the “STATE,” and the city of Brookings, South Dakota, referred to in this Agreement as the “CITY.” 1. PURPOSE AND BACKGROUND The purpose of this Agreement is to transfer certain property from the STATE to the CITY. 2. HIGHWAY PROPERTY FOR WHICH OWNERSHIP IS TO BE TRANSFERRED A. If approved by the South Dakota Transportation Commission, the STATE will transfer to the CITY by quit claim deed all of the STATE’S ownership interests in the property identified below to the CITY. Transfer Parcel: The portion of South Dakota Brookings Shop site to be transferred to the CITY will be referred to in this Agreement as the “Parcel.” The Parcel is shown in Exhibit A, attached to and made a part of this Agreement B. The STATE will transfer the Parcel to the CITY as shown in Exhibit A and identified as follows: Lot A in Lot 1 in the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section 18, Township 110 North, range 49 West of the 5th P.M., Brookings County, South Dakota. C. The CITY will provide the STATE with a true and correct cop y of the resolution of the CITY’S governing body authorizing the CITY to accept ownership of the Parcel. A copy of the resolution from the CITY accepting ownership of the Parcel is attached to this Agreement as Exhibit B. 3. THE STATE AGREES TO THE FOLLOWING: A. The STATE will transfer the Parcel to the CITY upon full execution of this Agreement. The STATE will begin preparation of the documents necessary to convey ownership of the Parcel to the CITY upon full execution of this Agreement. B. The STATE will not be responsible for any current or future improvements, maintenance, repairs, or other costs or fees pertaining to the above-described Parcel and its street frontage. 4. THE CITY AGREES TO THE FOLLOWING: A. The CITY will accept the Parcel upon full execution of this Agreement. The CITY will accept ownership of the Parcel upon delivery by the STATE to the CITY of the necessary documents of conveyance. B. The CITY will not assess any fees or costs to the STATE for any current or future improvements, maintenance, repairs, or street frontage needed for the above-described Parcel. Accordingly, the CITY will be responsible for any and all current or future improvements, maintenance, repairs, and other costs pertaining to the above-described Parcel and its street frontage. 5. CONVEYANCE The deed from the STATE to the CITY will include the following provisions: Page 2 of 3 DOT Legal: ______ Grantee further understands and accepts the Real Property in an “AS IS, WHERE IS” condition and subject to all faults of every kind and nature whatsoever, whether latent or patent and whether now or hereafter existing. Grantor will not be obligated to do any restoration, repairs, removal, remediation, monitoring, or other work in connection with the Real Property, and Grantor will not be liable for any restoration, repairs , removal, remediation, monitoring, or other work necessary to cause the Real Property to meet any applicable laws, ordinances, requirements, limitations, restrictions, rules, regulations, or codes, or be suitable for any particular use. Grantee will indem nify Grantor against any liability, claims, suits, actions, damages, penalties, fines, costs, and expenses, including attorneys’ and consultants’ fees, incurred or arising directly or indirectly from or in connection with any such restoration, repairs, removal, remediation, monitoring, or other work, including injury to, death of, loss of, or damage to property of Grantee or any third party. Grantee specifically assumes the risk that hazardous substances and contaminants may be present on the property, and indemnifies, holds harmless, and hereby waives, releases, and discharges forever the Grantor from any and all present or future claims or demands, and any and all damages, loss, injury, claims or costs, including fines, penalties, and judgments arising from or in any way related to the condition of the property or presence of any hazardous substances or contaminants in, on, or under the Real Property. This indemnity specifically includes the obligation of Grantee to remove, close, remediate, reimburse, or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminates on the Real Property. This Deed does not carry with it any implied covenants whatsoever, including any covenant that Grantor has good right to convey any interest in the Real Property to Grantee. Grantee understands and accepts the Real Property subject to all encumbrances, covenants, conditions, and restrictions, whether of record or not. The provisions of this deed will be covenants running with the land binding upon and inuring to the benefit of Grantor and Grantee and their respective successors and assigns. 6. VISUAL INSPECTION. The CITY has made a complete visual inspection of the subject real property and has knowledge as to the past uses of the subject real property. Based upon this inspection and knowledge, the CITY is aware of the condition of the subject real property and the CITY specifically acknowledges that the CITY is receiving the subject real property in an “as-is with all faults” basis. The CITY is not relying on any representation or warranties of any kind whatsoever from the STATE as to any matters concerning the subject real property, including the physical condition of the subject real property or any defects, the presence of any hazardous substances, wastes, contaminants in, on , or under the subject real property, the condition or existence of any of the above ground or underground structures or improvements in, on, or under the subject real property, the condition, of title to the subject real property, or any leases, easements, or other agreements affecting the property. The CITY assumes the risk that hazardous substances and contaminants may be present on the subject real property, and indemnifies, and waives, releases, and discharges forever the STATE from any and all present or future claims or demands, and any and all damages, loss, injury, claims , or costs, including fines, penalties, and judgments arising from or in any way related to the condition of the subject real property or presence of any hazardous substances or contaminants in, on, or under the property. The CITY’S indemnification specifically includes the obligation of the CITY to remove, close, remediate, reimburse, or take other actions requested or requ ired of the STATE by any governmental agency concerning any hazardous substances or contaminates on the property. 7. NATURAL RESOURCES Page 3 of 3 DOT Legal: ______ The STATE reserves all rights to all deposits of coal, ores, metals, and other minerals, asphaltum, oil, gas, and other like substance, together with the right to prospect for, mine, and remove the same upon rendering compensation to the owner or lessee for all damages that may be caused by such prospecting or removal, together with the right of access at all times to exercis e said right. The deed from the STATE to the CITY will contain the following provision: It is expressly understood that the Grantor reserves all rights to all deposits of coal, ores, metals, and other minerals, asphaltum, oil, gas, and other like substance, together with the right to prospect for, mine, and remove the same upon rendering compensation to the owner or lessee for all damages that may be caused by such prospecting or removal. 8. INDEMNIFICATION The CITY will indemnify the STATE, its officers, agents, and employees against any and all actions, suits, damages, liability, or other proceedings that arise as a result of the CITY’S performance under this Agreement. This section does not require the CITY to be responsible for or defend against claims or damages arising solely from errors or omissions of the STATE, its officers, agents, or employees. 4. MISCELLANEOUS A. The STATE makes no representations or warranties of title for any of the property to be conveyed pursuant to this Agreement. B. This Agreement will be effective as of date of last signature. C. The CITY has designated its Mayor as the CITY’S authorized representative and has empowered the Mayor with the authority to sign this Agreement on behalf of the CITY. A copy of the CITY’S Commission or Council minutes or resolution authorizing the execution of this Agreement by the Mayor as the CITY’S authorized representative is attached hereto as Exhibit C. This Agreement 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 same. State of South Dakota City of Brookings, South Dakota Department of Transportation By: By: Its: Mayor Its: Interim Secretary Date: Date: Attest: Approved as to Form: City Auditor/Clerk Special Assistant Attorney General [CITY SEAL] City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0048,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ Progress Report January 2021 20th Street Interchange •Project information available at www.20thstinterchange.com •Recent Updates •Environmental Assessment: Finding of No Significant Impact (FONSI) –Anticipated the end of January •Preparing Right-of-Way and Easement Exhibits •Land appraisals •Next Steps •Land owner meetings/offers: Approx. March •Continue Project Design •95% Cost Est –late February/early March •Certifications/Final Plans/ROW: June 15 •Bid Project –September 2021 •Construction –2022 –2023 •100 on Municipal Equality Index •Third year in a row •Initiative led by Brookings Human Rights Commission •Evaluation Points •Non-Discrimination Laws •Municipality as an Employer •Municipal Services •Law Enforcement •Average SD City Score = 33 Perfect MEI Score Public Works •Public Works Structure •Engineering –Jackie Lanning •Solid Waste –Todd Langland •Street Division –Jeremy Linstad •Public Works Director •30 applicants •11 virtual interviews •Three (3) finalists •Final interviews in coming weeks •Brookings Day at the Capitol •Legislation Tracking •Topics of interest •COVID-19 •Local Control •Marijuana Legislative Items •Current Initiatives Budget and Finance •Annual Budget •Budget-in-Brief •Annual Financial Reports •2021 Budget Available •$54 million Total Budget •$17 million General Fund •$9 million Capital Improvement Program Budget and Finance Sustainability •2020 Collection Report •Garbage: 5,047 (2019: 4,903) •Recycling: 876 (2019: 880) •Compost/Yard Waste: 1,289 (2019: 813) •Water Bottle Refill Stations •Located on each floor of City/County Building •Over 155k water bottles diverted from the landfill •Electric Vehicle Charging Station •First Charge: June 22, 2020 •46 uses in 2020 •Average Charge Time: 1 hour, 38 minutes Parks and Recreation •Parks Master Plan •Stakeholder and focus group interviews completed (30) •Public Survey –February •Dakota Nature Park •Renting snow shoes •Ice fishing •Two (2) trail loops open •Not enough snow for grooming ski trails •New Kennels at Animal Shelter •Parks, Police, and Street Collaboration •Enhanced safety features •Came in under budget ($14k) •E-911 Updates •Staff fully trained on medical dispatching software •Zuercher mapping launched Police •East River 8 Ball Pool Tournament •January 7 –10 •1,900 attendees •600 face masks distributed •Three (3) wedding receptions Swiftel Center 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 21-0049,Version:1 COVID-19 Update. Summary: City Manager Paul Briseno will provide a regular update on COVID-19 to the City Council and members of the public. Background: 7/14/2020 City Council Minutes excerpt: “Council Items for Future Discussion. A motion was made by Council Member Brink, seconded by Council Member Bacon, that a standing item to discuss the current status of COVID-19 be added to future City Council Agendas. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.” City of Brookings Printed on 1/21/2021Page 1 of 1 powered by Legistar™ Cityofbrookings.org 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 21-0050,Version:1 Executive Session, pursuant to SDCL 1-25-2.5, for discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; 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 1/21/2021Page 1 of 1 powered by Legistar™