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City 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 Chambers5:30 PMTuesday, December 14, 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. 5:30 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Executive Session 3.A.ID 21-0582 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor. Action: Motion to enter Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING 4. 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. Page 1 City of Brookings December 14, 2021City Council Meeting Agenda - Final 4.A. Action to approve the agenda. 4.B.ID 21-0586 Action on the November 23, 2021 City Council minutes. MinutesAttachments: 4.C.RES 21-109 Action on Resolution 21-109, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 4.D.ID 21-0600 Action to cancel the December 14, 2021 City Council Study Session. 4.E.ID 21-0571 Action on the 2022 City Council Meeting Calendar. CalendarAttachments: 4.F.RES 21-107 Action on Resolution 21-107, a Resolution Approving Agreements with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals. Memo Resolution 2022 BRHS Agreement - clean 2022 BRHS Agreement - marked 2021 Agreement Attachments: 5. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 6. Open Forum/Presentations/Reports: 6.A. SDSU Student Association Report. 6.B.ID 21-0594 Update: 2021-2026 City Council Strategic Plan Memo 2021-2026 Strategic Plan Attachments: 6.C.ID 21-0601 Update: Housing Study 6.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. 7. Contracts/Change Orders: Page 2 City of Brookings December 14, 2021City Council Meeting Agenda - Final 7.A.RES 21-106 Action on Resolution 21-106, a Resolution Authorizing Change Order No. 1 (Final) for 2021-08STI, Overlay Project; Bowes Construction, Inc. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.B.RES 21-116 Action on Resolution 21-116, a Resolution Authorizing Change Order No. 1 (Final) for Project 2021-04STI Swiftel Pavement Reconstruction Project; Timmons Construction, Inc. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.C.RES 21-112 Action on Resolution 21-112, a Resolution Approving Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center. Memo Resolution Agreement - clean Agreement - marked Agreement - 2010 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.D.ID 21-0576 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a one-year contract (01/01/2022 - 12/31/2022). Memo Contract - clean Contract - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 8. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. 8.A.ORD 21-042 Introduction and First Reading on Ordinance 21-042, an Ordinance Authorizing Budget Amendment No. 6 to the 2021 Budget. Second Reading: January 11, 2022. Memo Ordinance Attachments: Page 3 City of Brookings December 14, 2021City Council Meeting Agenda - Final 9. Public Hearings and Second Readings: 9.A.ORD 21-040 Public Hearing and Action on Ordinance 21-040, an Ordinance to Change the Zoning within the City of Brookings, rezoning Block 20 in Prairie Hills Addition from B-2/R-3 to Residence R-3 Apartment District. Memo Ordinance Planning Commission Minutes Legal Notice - Planning Commission Legal Notice - City Council Application Area Map Zoning Map Future Land Use Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/23/21 City Council read into the record 9.B.ORD 21-041 Public Hearing and Action on Ordinance 21-041, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Memo Ordinance Planning Commission Minutes Legal Notice - Planning Commission Legal Notice - City Council Application Area Map Zoning Map Future Land Use Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/23/21 City Council read into the record 9.C.RES 21-108 Public Hearing and Action on Resolution 21-108, a Resolution of Intent to Lease Real Property to LNJ Farms in the Wiese and Freeland Additions. Page 4 City of Brookings December 14, 2021City Council Meeting Agenda - Final Memo Resolution Legal Notice Maps Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.D.RES 21-110 Public Hearing and Action on Resolution 21-110, a Resolution of Intent to Lease Real Property to MC Hay, Mike Erickson and Corey Granum, owners, for Hay Lease at Brookings Regional Airport. Memo Resolution Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.E.ID 21-0577 Public Hearing and Action on a Temporary Alcohol Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 5, 2022, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. Memo Legal Notice SDCL Reference Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.F.ID 21-0587 Public Hearing and Action on a request for Video Lottery for MG Oil, dba Corner Pantry #19, 921 20th Street South. Legal description: Lot 7B, Block 13, McCleman’s Addition. Pending permit issuance and final inspection per the Community Development Department. 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 Building Plan - approved 8.2021 Current Video Lottery List Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.G.ID 21-0596 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final Page 5 City of Brookings December 14, 2021City Council Meeting Agenda - Final inspection per the Community Development Department. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Proposed Building Plan Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.H.ID 21-0597 Public Hearing and Action on a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Suite B, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Department. Memo City Attorney Memo on Video Lottery - 2018 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Location Map Proposed Building Plan Current Video Lottery List Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Other Business: 10.A.RES 21-117 Action on Resolution 21-117, a Resolution Authorizing the Licensing of Deja Vu SD as a Medical Cannabis Dispensary in the City of Brookings. Memo Resolution Application Location Map Ordinance 21-028 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.B.RES 21-111 Action on Resolution 21-111, a Resolution amending the Consolidated Fee Schedule. Memo Resolution Fee Schedule - clean Fee Schedule - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 6 City of Brookings December 14, 2021City Council Meeting Agenda - Final 10.C.RES 21-115 Action on Resolution 21-115, a Resolution Transferring City Manager Contingency Funds to 2021’s Budget. Memo Proposal Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.D.RES 21-113 Action on Resolution 21-113, a Resolution Establishing Procedures for City of Brookings Construction Manager-At-Risk Projects. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 11. 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. 12. Executive Session 12.A.ID 21-0585 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of 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. 13.RES 21-114 Action on Resolution 21-114, a Resolution Amending the City Manager’s Contract for 2022. Memo Resolution Contract Attachments: 14. Adjourn. Brookings City Council: Oepke Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, 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. Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 7 City of Brookings December 14, 2021City Council Meeting Agenda - Final 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 21-0582,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 12/8/2021Page 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 21-0586,Version:1 Action on the November 23, 2021 City Council minutes. Attachments: 11/23/2021 Minutes City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ Brookings City Council November 23, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, November 23, 2021 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Holly Tilton Byrne, Patty Bacon, Joey Collins, and Wayne Avery. Absent: Council Member Nick Wendell. 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 Mayor Tilton Byrne, seconded by Council Member Brink, to approve the agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery. Absent: 1 - Wendell. 3.A. Action to approve the agenda. 3.B. Action to approve the November 9, 2021 City Council Minutes. 3.C. Action on Resolution 21-096, a Resolution accepting South Dakota Solid Waste Management Program Grant (SWMP 2022G-SW-200) and authorizing the City Manager to sign the Grant Agreement and other Grant Documents. Resolution 21-096 - Resolution Accepting South Dakota Solid Waste Management Program Grant (SWMP 2022G-SW -200) and Authorizing the City Manager to Sign the Grant Agreement and Other Grant Documents Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings, South Dakota has been awarded a South Dakota Solid Waste Management Program Grant, SWMP No. 2022G-SW -200 in the amount of $62,000.00 to evaluate the Solid Waste Division’s operations and financial health and identify and address critical needs; and Whereas, that the City of Brookings is required to comply with all Solid Waste Management Program Grant requirements, assurances, terms and conditions; and Whereas, the Grant Agreement between the South Dakota Board of Natural Resources and the City of Brookings, South Dakota requires that the City designate an official to sign the Grant Agreement and other grant-related documents, and the City authorizes the City Manager to sign these documents for the above -described grant. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, that the City will comply with all Solid Waste Management Program Grant requirements, assurances, terms and conditions, and designates the City Manager of the City of Brookings to sign the Grant Agreement and other grant documents. 3.D. Action on Volunteer Board, Committee, and Commission Appointments. Board of Appeals: reappoint Jonathan Meendering (term expires 12/31/2026); appoint Brad Peterson (term expires 12/31/2026); Brookings Disability Awareness Committee: reappoint Aysia Platte, Carol Jung, Jon Stauff and Mark Sternhagen (terms expires12/31/2024); Business Improvement District #1 Board: reappoint Laura Schoen Carbonneau (term expires 12/31/2024) and appoint Mike Logan (term expires 12/31/2024); Historic Preservation Commission: reappoint Kyle Nelson and Tom Thaden (terms expire 12/31/2024) and appoint Paula Carson (term expires 12/31/2024); Human Rights Commission: reappoint Dan Berg (term expires 12/31/2024 and appoint Tracy Chapman (term expires 12/31/2024); Library Board: appoint Staci Mergenthal (term expires 12/31/2024); Public Arts Commission: reappoint Julia Eberhart and Kate Treiber (terms expire 12/31/2024) and appoint Emily Howell (term expires 12/31/2024); Planning Commission: appoint Nick Schmeichel (term expires 12/31/2026); Sustainability Council: reappoint Al Patin and Robin Buterbaugh (terms expire 12/31/2024 and appoint Cynthia Kunkel (term expires 12/31/2024); Swiftel Center Advisory Committee: reappoint Laura Schoen Carbonneau and Jennifer Johnson (terms expire 12/31/2024) and appoint Bill Retterath and Alex Parker (terms expire (12/31/2024); Traffic Safety Committee: reappoint LeWayne Erickson, Jake McGlade and Charles Schnabel (terms expire 12/31/2024). 3.E. Action on annual Liquor and Wine License Renewals for 2022. Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale) Convention Center: Wilbert’s/Comfort Suites University (Den Wil Hospitality Group, Inc.), 921 25th Ave.; Park Place, Inc., 2500 6th Street. Liquor (On-Sale): Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6th St.; Craft Fusion / Jesse Davis, LLC, 610 Medary Ave.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; Elks Club Lodge #1490, 516 4 th St.; Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.; Main Street Pub, 408 Main Ave; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / KR Hospitality, Inc., 313 Main Ave.; The Lanes (MG Oil Company), 722 Western Ave.; The Ram (Jack’s Entertainment LLC, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub, Inc., 300 Main Ave.; Sully’s Irish Pub / B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder , Inc., 303 3rd St. Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co., LLC, 621 32nd Ave.; The Lodge/Den Wil Hospitality Group Inc., 2515 6th St. Wine (On-Off Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; BVG Backyard Grill, 1805 6th Street; Cenex Zip Trip #63 / CHS, Inc., 1005 6th St.; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.; Children’s Museum of South Dakota, 521 4th St.; Corner Pantry #19 / MG Oil Inc, 919 20th St. So.; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C; Guadalajara Mexican Restaurant, 1715 6 th St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.; McCrory Gardens Educational & Visitors Center, 6th St. & 22nd Ave.; Mosaic Wine Bar / Mosaic Wine Bar LLC, 225 Main Ave.; New Sake / Sake, Inc., 724 22 nd Ave. So.; Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.; Swiftel Center, 824 32nd Ave.; Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6th St.; Wilbert’s/Comfort Suites University / Den Wil Hospitality Group, 931 25th Ave.; Wooden Legs Brewing Co., Inc. 309-311 5th Street; Yessica’s Restaurant, 1300 Main Ave. So. 3.F. Action on Resolution 21-105, a Resolution Authorizing Change Order No. 1 for Apron and Taxilane Improvements Project AIP #3-46-0005-031-2019; Bowes Construction, Inc. Resolution 21-105 - Resolution Authorizing Change Order No. 1 for Apron & Taxilane Improvements Project, #3-46-0005-031-2019; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for Apron & Taxilane Project, #3-46-0005-031-2019: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for a decrease of $21,594.17 and add 1 Underdrain Headwall for an increase of $3,800.00 for a total decrease in Contract Price of $17,794.47 SDSU Student Association Report. Andrew Rasmussen, Students Association President, on behalf of Anna Shane, the Government Affairs Chair for the SDSU Students Association, provided an update on SDSU happenings to the City Council and public. Informational Report: 2021 Bridge Re-Inspection Program. Chris Brozik, PE, Vice- President, Civil Design, Inc., presented the 2021 Bridge Re -Inspection Report for the City of Brookings to the City Council and members of the public. Presentation: Outside Agency Funding Process. Heidi Gullickson, United Way Director, provided an overview of the 2022 Outside Agency Funding Process to the City Council and members of the public. Resolution 21-098. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Resolution 21-098, a Resolution Awarding Bids on Brookings City & County Lawn Care & Snow Removal Services, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-098 - Resolution Awarding Bids on Brookings City & County Lawn Care and Snow Removal Services Whereas, the City of Brookings opened bids for Brookings City & County Lawn Care and Snow Removal Services on Tuesday, November 9, 2021 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the service contract will run from January 1, 2022 through December 31, 2022 and will be renewable for one additional year for 2023; and Whereas, the City of Brookings has received the following bid for the Brookings City & County Lawn Care and Snow Removal Services: Schedule A: Razors Edge - $37,920.00 and Schedule B: Razors Edge - $46,905.00. Now Therefore, Be It Resolved that the low total bid of $84,825.00 for Razor’s Edge be accepted. Resolution 21-099. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 21-099, a Resolution Awarding Bids on City Crop Land Lease in Wiese and Freeland Additions, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-099 - Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions Whereas, the City of Brookings opened bids for approximately 40 acres of City Crop Lease for City-owned parcels located in Wiese Addition and Freeland Additions on Tuesday, November 9, 2021 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Lease: LNJ Farms - $180.00 per acre; Cody & Seth Moret - $177.50; and Bauer Farms - $172.50 per acre. Whereas, the crop lease will be a one-year lease for 2022, and may be renewable for one additional year in 2023. Now, Therefore, Be It Resolved that the high bid of (Bidder) for $180.00 per acre be accepted. Resolution 21-100. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, that Resolution 21-100, a Resolution Awarding Bids for Airport Hay Land Lease, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-100 - Resolution Awarding Bids on Airport Hay Lease Whereas, the City of Brookings opened bids to lease approximately 314 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, November 9, 2021 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Airport Hay Lease: MC Hay, Volga SD $91.33 per acre Cody & Seth Moret, Brookings, SD $90.50 per acre LNJ Farms, Aurora, SD $88.00 per acre Steve Johnson, Brookings, SD $75.00 per acre Bauer Farms, Elkton, SD $67.50 per acre Now Therefore, Be It Resolved that the high bid of MC Hay, Volga, SD for $91.33 per acre be accepted. Resolution 21-101. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Resolution 21-101, a Resolution Approving the Purchase of a New Automated Collection Truck. be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-101 - Resolution Approving the Purchase of a New Automated Collection Truck Whereas, the Solid Waste Division requests action to purchase a new automated collection truck for refuse, recycling, and yard waste collections through Sourcewell, a purchasing cooperative, pursuant to Sourcewell Contracts #091219 -CRB and #060920- PMC through vendor Sanitation Products; and Whereas, the new automated collection truck will replace a 2012 truck that is beyond its useful life; and Whereas, the 2021 Adopted Budget identifies $290,000 for the purchase of a new automated collection truck, with a 2022 budget supplement of $652 anticipated to complete this purchase. Now, Therefore, Be It Resolved that a contract with Sanitation Products and Allstate Peterbilt of Fargo through Sourcewell Contracts #091219-CRB and #060920-PMC in the amount of $290,652 is hereby approved, and the City Manager and City Clerk are authorized to sign the documents required to complete this purchase. FIRST READING – Ordinance 21-040. An introduction and first reading was held on Ordinance 21-040, an Ordinance to Change the Zoning within the City of Brookings, rezoning Block 20 in Prairie Hills Addition from B-2/R-3 to Residence R-3 Apartment District. Public Hearing: December 14, 2021. FIRST READING – Ordinance 21-041. An introduction and first reading was held on Ordinance 21-041, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Public Hearing: December 14, 2021. Resolution 21-102. A public hearing was held on Resolution 21-102, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (Water Treatment Facility and Piping Project) be approved. A motion was made by Council Member Brink, seconded by Council Member Bacon, that Resolution 21-102 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-102 - Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. Whereas, the City of Brookings/BMU (the “City”) has determined it is necessary to proceed with improvements to its Water System, including but not limited to constructing a Water Treatment Facility, renovating the East Water Plant, installing water mains, and constructing 6 new wells (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $74,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Brookings Municipal Utilities General Manager/Executive Vice President is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Resolution 21-103. A public hearing was held on Resolution 21-103, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (34th Avenue Sewer Replacement Project). A motion was made by Council Member Collins, seconded by Council Member Tilton Byrne, that Resolution 21-103 be approved. The motion carried by the following vot e: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-103 - Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests Whereas, the City of Brookings/BMU (the “City”) has determined it is necessary to proceed with improvements to its Wastewater Collection System, including but not limited to replacing mains and manholes, and extending the sewer north for future development (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $4,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Brookings Municipal Utilities General Manager/Executive Vice President is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Resolution 21-104. A public hearing was held on Resolution 21-104, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (Lead Water Service Line Replacement Project). A motion was made by Council Member Brink, seconded by Council Member Avery, that Resolution 21-104 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-104 - Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. Whereas, the City of Brooking/BMU (the “City”) has determined it is necessary to proceed with improvements to its Water System, including but not limit ed to replacing lead service lines (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $1,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Brookings Municipal Utilities General Manager/Executive Vice President is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assi stance is awarded for the Project. Ordinance 21-036. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that Ordinance 21-036, an Ordinance repealing Sections 2-261 through 2-272 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the University Community Coalition, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-097. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 21-097, a Resolution Authorizing Supplemental Appropriations of Grant Funds to the 2021 Budget, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Resolution 21-097 - A Resolution Authorizing Supplemental Appropriations of Grant Funds to the 2021 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-9.1) permits supplemental appropriations by motion of the governing board for funds made available after the final appropriation ordinance from state, county or federal grants for expenditure by the municipality. 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: Police Department Grants Increase / (Decrease) Justification 101-421-4-334.09 Grants $57,150.00 Recognize receipt of Homeland Security Grant Total Grant Revenue $57,150.00 101-421-5-920.00 Furniture & Equipment $57,150.00 Increase budget authority for tactical vest for CID and SRT Total Grant Expenditures $57,150.00 101-421-4-334.09 Grants $13,791.00 Recognize receipt of Homeland Security Grant Total Grant Revenue $13,791.00 101-421-5-427.02 Registration & Training $13,791.00 Increase budget authority for SWAT Team Leader Training Total Grant Expenditures $13,791.00 Revised Preliminary Plat. A motion was made by Council Member Brink, seconded by Council Member Collins, that Action on a Revised Preliminary Plat for Lots 1 and 2, Block 19; Block 20 and Block 21 in Prairie Hills Addition. be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. City General Employee Contract. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that the City General Employee Contract be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Police Department Union Contract. A motion was made by Council Member Brink, seconded by Council Member Collins, that the Police Department Union Contract be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 - Wendell. Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, to enter into Executive Session at 7;04 p.m., pursuant to SDCL 1-25-2.1, for purposes of 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 and pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Those present were: City Council, City Manager, City Attorney, City Clerk, and Lisa Marso, Attorney with SDPAA. The motion carried by a unanimous vote. A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, to exit Executive Session Item at 7:20 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that the meeting be adjourned at 7:21 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Oepke G. Niemeyer, 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 21-109,Version:1 Action on Resolution 21-109, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Solid Waste / Landfill ·(4) 8 cubic yard dumpsters ·(3) 6 cubic yard dumpsters ·(14) 4 cubic yard dumpsters ·(5) 3 cubic yard dumpsters ·(5) 2 cubic yard dumpsters ·(11) 1.5 cubic yard dumpsters Fire Dept. ·One (1) pair of truck tire chains. Unknown tire size but measure 18 inches wide by 9 feet long ·One (1) Briggs & Stratton 9 hp gas motor with Davey water pump ·One (1) Skil Roto-Hammer with complete bit set (Does not run.) Larson Ice Arena ·2002 Olympia Millennium Ice Resurfacer, Serial #RM021128103 Brookings Public Library ·One (1) 2017 Brother MFC-L8850CDW Printer (bad fuser) ·Two (2) 19” HP monitors ·Three (3) Dell 19” monitors ·One (1) Metal magazine rack Brookings Police Department ·24 - 17” HP L1710 screens Fiscal Impact: Council action is required to declare these items surplus. This equipment is being declared surplus property according to SDCL Chapter 6-13. Recommendation: Staff recommends approval. Attachments: City of Brookings Printed on 12/9/2021Page 1 of 2 powered by Legistar™ File #:RES 21-109,Version:1 Resolution City of Brookings Printed on 12/9/2021Page 2 of 2 powered by Legistar™ Resolution 21-109 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Solid Waste / Landfill (4) 8 cubic yard dumpsters (3) 6 cubic yard dumpsters (14) 4 cubic yard dumpsters (5) 3 cubic yard dumpsters (5) 2 cubic yard dumpsters (11) 1.5 cubic yard dumpsters Fire Dept. One (1) pair of truck tire chains. Unknown tire size but measure 18 inches wide by 9 feet long One (1) Briggs & Stratton 9 hp gas motor with Davey water pump One (1) Skil Roto-Hammer with complete bit set (does not run) Larson Ice Arena 2002 Olympia Millennium Ice Resurfacer, Serial #RM021128103 Brookings Public Library One (1) 2017 Brother MFC-L8850CDW Printer (bad fuser) Two (2) 19” HP monitors Three (3) Dell 19” monitors One (1) Metal magazine rack Brookings Police Department 24 – 17” HP L1710 screens Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 14th day of December, 2021. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, 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 21-0600,Version:1 Action to cancel the December 14, 2021 City Council Study Session. Summary: This action will cancel the December 14, 2021 City Council Study Session. This provides public notice of the change to the City Council meeting calendar. Recommendation: Staff recommends approval. City of Brookings Printed on 12/9/2021Page 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 21-0571,Version:1 Action on the 2022 City Council Meeting Calendar. Summary: This will approve 2022 Calendar Year regularly scheduled City Council meetings.This provides public notice of the 2022 City Council meeting calendar. Recommendation: Staff recommends approval. Attachments: 2022 Calendar City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ J ANUARY S M T W T F S 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 Jan. 1 – New Year’s Holiday (observed 12/31) Jan. 19 – Brookings Day in Pierre Jan. 17 – Martin Luther King, Jr. Birthday F EBRUARY S M T W T F S 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 Feb. 1-2 – Municipal Government Day & Rib Dinner with Your Legislator Feb. 21 – President’s Day M ARCH S M T W T F S 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 March 6-9 – NLC Congressional City Conference (Washington, DC) March 14-18 – Board of Equalization A PRIL S M T W T F S 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 April 12 – Election Day April 19 – deadline to hold Election Canvass M AY S M T W T F S 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 TBD - ICSC RECon (Las Vegas) May 30 – Memorial Day J UNE S M T W T F S 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 June 19 – Juneteenth (observed 6/20) 2022 City Council Calendar Regular Meetings 6:00 p.m. start time / 2nd & 4th Tuesdays Study Sessions 5:30 p.m. start time / 3rd Tuesday No Study Sessions in June-July-August Holidays Election / Board of Equalization Conferences J ULY S M T W T F S 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 July 4 – Independence Day A UGUST S M T W T F S 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 S EPTEMBER S M T W T F S 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 Sept. 5 – Labor Day O CTOBER S M T W T F S 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 Oct. 4-7 – SDML Conference (Watertown) Oct. 10 – Columbus/Native American Day N OVEMBER S M T W T F S 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 Nov. 11 - Veteran’s Day Nov. 16-19 - NLC City Summit (Kansas City, MO) Nov. 24 – Thanksgiving Holiday D ECEMBER S M T W T F S 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 Dec. 25 – Christmas Holiday (observed 12/26) 2022 City Council Calendar Regular Meetings 6:00 p.m. start time / 2nd & 4th Tuesdays Study Sessions 5:30 p.m. start time / 3rd Tuesday No Study Sessions in June-July-August Holidays Election / Board of Equalization Conferences 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 21-107,Version:1 Action on Resolution 21-107, a Resolution Approving Agreements with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals. Summary: This resolution will approve the renewal of agreements between the City of Brookings and the Brookings Regional Humane Society for the care and disposition of impounded animals. Recommendation: Staff recommends approval. Supporting Documentation: Memo Resolution 2021-2022 Agreement - clean 2022-2022 Agreement - marked 2021 Agreement City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: David Erickson, Chief of Police Council Meeting: December 14, 2021 Subject: Brookings Regional Humane Society Contract Approval Presenter: David Erickson, Chief of Police Summary: This resolution will approve the renewal of agreements between the City of Brookings and the Brookings Regional Humane Society for the care and disposition of impounded animals. Background: The City of Brookings and the Brookings Regional Humane Society have previously entered into an agreement for the care and disposition of impounded animals and have agreed to minor changes to the current agreement. Such amendment would be effective for the remainder of 2021. The City of Brookings and the Brookings Regional Humane Society have agreed to the terms stated in the attached 2022 Agreement. This resolution is intended to authorize the City to enter into both the amended 2021 agreement as described herein and the above-described 2022 Agreement with the Brookings Regional Humane Society. Item Details: The City and the Brookings Regional Humane Society have experienced occasions when domesticated animals other than cats and dogs have required impound and care. Examples include rabbits, birds, hamsters etc.. The first amendment to the agreement changes the language to allow for the receiving and handling of these other domestic animals by the Brookings Regional Humane Society. The second amendment establishes the minimum impound period for the above mentioned other domestic animals. The third amendment clarifies in Section 3 the recipient as the contractor, previously defined as the Brookings Regional Humane Society. Legal Consideration: City Attorney Steve Britzman has reviewed and approved the agreement as amended. Updated: March 2021 Strategic Plan Consideration: Fiscal Responsibility: The agreement provides funding to the Brookings Regional Humane Society but also provides a service to the City of Brookings. Financial Consideration: The funding to the Brookings Regional Humane Society through this agreement has been budgeted up to a maximum of $40,000 per year. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / Take no action / Table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution 2021-2022 Agreement - Marked 2022-2022 Agreement - Clean 2021 Agreement Resolution 21-107 A Resolution Approving Agreements with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals Whereas, the City of Brookings has previously entered into an Agreement with the Brookings Regional Humane Society for the care and disposition of Impounded Animals; and Whereas, the City of Brookings and Brookings Regional Humane Society have agreed to minor changes to the current Agreement for the Care and Disposition of Impounded Animals, which amendment would be effective for the remainder of 2021; and Whereas, the City of Brookings and Brookings Regional Humane Society have also agreed to the terms of an Agreement for the Care and Disposition of Impounded Animals, which Agreement would be effective for the calendar year 2022; and Whereas, this Resolution is intended to authorize the City to enter into both the Amended Agreement as described herein for the remainder of 2021 and the above- described Agreement with the Brookings Regional Humane Society for the year 2022. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota that the Amended Agreement for 2021 and the Agreement for Care and Disposition of Impounded Animals for the year 2022 with the Brookings Regional Humane Society are hereby approved and the City Manager and City Clerk are authorized to execute these Agreements. Passed and approved on the 14th day of December, 2021. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 1 Agreement for Care and Disposition of Impounded Animals (2022) _____________________ This Agreement is entered into by and between the City of Brookings, a South Dakota municipal corporation, Brookings, South Dakota 57006 (the "City"), and the Brookings Regional Humane Society (the "Contractor''). In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats, dogs, and other domestic animals received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer (also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor’s shelter facilities. 4. Provide proper food, water, housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals and court holds. Other animals, such as aggressive or non-domesticated animals, shall be placed in the City’s shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide quarterly financial reports to the City regarding shelter activities. 11. Provide quarterly reports of the specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 2 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag, the Contractor shall notify the owner, if possible, and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contractor’s manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 2. Stray and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor’s shelter manager. Should an animal not be received by the Contractor it shall be the City’s responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other Domesticated Animals. These animals do not have a specific holding period, but may be impounded for minimum of five (5) full business days or disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redemption. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes, but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived that a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal Quarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City’s shelter may be used for a temporary or short term hold until such time as arrangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association 3 Guidelines which will not subject the animal to any unnecessary pain and/or suffering. C. Shelter Hours of Operation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours (except major holidays) and publish/advertise such times as follows: 12:00 p.m. – 6:00 p.m. Monday through Friday 11:00 a.m. – 4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events (e.g., Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours, they will have access to the shelter to provide this service. Should Animal Control request Contractor’s staff to come to the shelter and release an impounded animal during hours the shelter is not open, a $50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City’s Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday - Friday (telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday (telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right (through properly authorized representatives) to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing the date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals (including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. 4 F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Agreement shall be for a period of twelve (12) months, commencing on January 1, 2022 and shall be in effect through December 31, 2022. It shall automatically renew each year unless amended or terminated earlier by either party pursuant to Section 5, Paragraph B. The Contractor will make an annual financial request by June 1, not as an outside agency, but as a public service provider, with budgeting to be within the Animal Control budget. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor, the City agrees to pay the Contractor on a per-animal, per-service basis. The following fee schedule shall be followed: $15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration, paperwork, and precautionary medical. $50 lump sum payment for up to five (5) days of boarding for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on up to five (5) nights of sheltering prior to surrender or euthanization. Owners reclaiming animals must pay Shelter Fees upon redemption and upon the Owner doing so, the City will not be obligated to pay the Shelter Fee to Contractor. $50 payment for each animal surrendered by the City or surrendered by an owner to Contractor. These animals become property of Contractor at time of surrender. 75% of all City fees collected, including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid, to the Contractor. An itemized financial report of the services provided and the fee calculations shall be calculated and agreed upon at least quarterly by the Contractor and Chief of Police or his/her designee. The City will pay the Contractor a maximum of $40,000 for the year 2022. The Contractor and the City’s Community Service Officer shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered at least twice 5 each year and the City will pay Contractor twice per year on or by July 31st and by December 31st. B. Veterinary and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related medical costs. If no owner can be identified, the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s) responsible under this Agreement whose duty it is to assure compliance with this Agreement. B. Confidentiality. The Contractor agrees, to the extent permitted by law, to keep all information it receives concerning the names, addresses and telephone numbers of complainants, witnesses and license holders confidential. The Contractor shall, to the greatest extent possible, protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s) unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooperation. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal control/shelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures may, from time to time, be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement. 6 Section 5 Default, Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement, the aggrieved party shall provide (in order to declare default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15) days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party, however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Termination. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty (60) days written notice to the other party. Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties, the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions A. Entire Agreement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating 7 to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severability. In the event any portion of this Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have read, understand and do freely and voluntarily execute this Agreement on the day and year written below. Dated this ____ day of December, 2021. _____________________ Paul Briseno City Manager ATTEST: ____________________ Bonnie Foster City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 Dated this ____ day of December, 2021. ____________________ Ashley Biggar Board President 120 W. Second Street South Brookings, SD 57006 1 Agreement for Care and Disposition of Impounded Animals (20221) _____________________ This Agreement is entered into by and between the City of Brookings, a South Dakota municipal corporation, Brookings, South Dakota 57006 (the "City"), and the Brookings Regional Humane Society (the "Contractor''). In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats, and dogs, and other domestic animals received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer (also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor’s shelter facilities. 4. Provide proper food, water, housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals and court holds. Other animals, such as aggressive or non-domesticated animals, shall be placed in the City’s shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide quarterly financial reports to the City regarding shelter activities. 11. Provide quarterly reports of the specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 2 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag, the Contractor shall notify the owner, if possible, and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contractor’s manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 2. Stray and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor’s shelter manager. Should an animal not be received by the Contractor it shall be the City’s responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other Domesticated Animals. These animals do not have a specific holding period, but may be impounded for minimum of five (5) full business days or disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redemption. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes, but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived that a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal Quarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City’s shelter may be used for a temporary or short term hold until such time as arrangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association 3 Guidelines which will not subject the animal to any unnecessary pain and/or suffering. C. Shelter Hours of Operation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours (except major holidays) and publish/advertise such times as follows: 12:00 p.m. – 6:00 p.m. Monday through Friday 11:00 a.m. – 4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events (e.g., Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours, they will have access to the shelter to provide this service. Should Animal Control request Contractor’s staff to come to the shelter and release an impounded animal during hours the shelter is not open, a $50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City’s Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday - Friday (telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday (telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right (through properly authorized representatives) to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing the date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals (including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. 4 F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Agreement shall be for a period of twelve (12) months, commencing on January 1, 20221 and shall be in effect through December 31, 20221. It shall automatically renew each year unless amended or terminated earlier by either party pursuant to Section 5, Paragraph B. The Contractor will make an annual financial request by June 1, not as an outside agency, but as a public service provider, with budgeting to be within the Animal Control budget. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor, the City agrees to pay the Contractor on a per-animal, per-service basis. The following fee schedule shall be followed: $15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration, paperwork, and precautionary medical. $50 lump sum payment for up to five (5) days of boarding for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on up to five (5) nights of sheltering prior to surrender or euthanization. Owners reclaiming animals must pay Shelter Fees upon redemption and upon the Owner doing so, the City will not be obligated to pay the Shelter Fee to Contractor. $50 payment for each animal surrendered by the City or surrendered by an owner to Contractor. These animals become property of Contractor at time of surrender. 75% of all City fees collected, including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid, to the Contractor. An itemized financial report of the services provided and the fee calculations shall be calculated and agreed upon at least quarterly by the Contractor and Chief of Police or his/her designee. The City will pay the Contractor a maximum of $40,000 for the year 20221. The Contractor and the City’s Community Service Officer shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered at least twice 5 each year and the City will pay Contractor twice per year on or by July 31st and by December 31st. B. Veterinary and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related medical costs. If no owner can be identified, the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s) responsible under this Agreement whose duty it is to assure compliance with this Agreement. B. Confidentiality. The Contractor agrees, to the extent permitted by law, to keep all information it receives concerning the names, addresses and telephone numbers of complainants, witnesses and license holders confidential. The Contractor shall, to the greatest extent possible, protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s) unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooperation. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal control/shelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures may, from time to time, be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement. 6 Section 5 Default, Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement, the aggrieved party shall provide (in order to declare default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15) days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party, however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Termination. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty (60) days written notice to the other party. Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties, the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions 7 A. Entire Agreement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severability. In the event any portion of this Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have read, understand and do freely and voluntarily execute this Agreement on the day and year written below. Dated this ____ day of December, 20210. _____________________ Paul Briseno City Manager ATTEST: ____________________ Bonnie Foster City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 Dated this ____ day of December, 20210. ____________________ Ashley Biggar Board President 120 W. Second Street South Brookings, SD 57006 1 Agreement for Care and Disposition of Impounded Animals _____________________ This Agreement is entered into by and between the City of Brookings, a South Dakota municipal corporation, Brookings, South Dakota 57006 (the "City"), and the Brookings Regional Humane Society (the "Contractor''). In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats and dogs received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer (also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor’s shelter facilities. 4. Provide proper food, water, housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals and court holds. Other animals, such as aggressive or non-domesticated animals, shall be placed in the City’s shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide quarterly financial reports to the City regarding shelter activities. 11. Provide quarterly reports of the specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 2 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag, the Contractor shall notify the owner, if possible, and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contractor’s manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 2. Stray and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor’s shelter manager. Should an animal not be received by the Contractor it shall be the City’s responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other Domesticated Animals. These animals do not have a specific holding period, but may be disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redemption. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes, but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived that a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal Quarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City’s shelter may be used for a temporary or short term hold until such time as arrangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association Guidelines which will not subject the animal to any unnecessary pain and/or suffering. 3 C. Shelter Hours of Operation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours (except major holidays) and publish/advertise such times as follows: 12:00 p.m. – 6:00 p.m. Monday through Friday 11:00 a.m. – 4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events (e.g., Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours, they will have access to the shelter to provide this service. Should Animal Control request Contractor’s staff to come to the shelter and release an impounded animal during hours the shelter is not open, a $50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City’s Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday - Friday (telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday (telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right (through properly authorized representatives) to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing the date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals (including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. 4 Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Agreement shall be for a period of twelve (12) months, commencing on January 1, 2021 and shall be in effect through December 31, 2021. It shall automatically renew each year unless amended or terminated earlier by either party pursuant to Section 5, Paragraph B. The Contractor will make an annual financial request by June 1, not as an outside agency, but as a public service provider, with budgeting to be within the Animal Control budget. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor, the City agrees to pay the Contractor on a per-animal, per-service basis. The following fee schedule shall be followed: $15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration, paperwork, and precautionary medical. $50 lump sum payment for up to five (5) days of boarding for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on up to five (5) nights of sheltering prior to surrender or euthanization. Owners reclaiming animals must pay Shelter Fees upon redemption and upon the Owner doing so, the City will not be obligated to pay the Shelter Fee to Contractor. $50 payment for each animal surrendered by the City or surrendered by an owner to Contractor. These animals become property of Contractor at time of surrender. 75% of all City fees collected, including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid. An itemized financial report of the services provided and the fee calculations shall be calculated and agreed upon at least quarterly by the Contractor and Chief of Police or his/her designee. The City will pay the Contractor a maximum of $40,000 for the year 2020. The Contractor and the City’s Community Service Officer shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered at least twice each year and the City will pay Contractor twice per year on or by July 31st and by December 31st. B. Veterinary and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the 5 shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related medical costs. If no owner can be identified, the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s) responsible under this Agreement whose duty it is to assure compliance with this Agreement. B. Confidentiality. The Contractor agrees, to the extent permitted by law, to keep all information it receives concerning the names, addresses and telephone numbers of complainants, witnesses and license holders confidential. The Contractor shall, to the greatest extent possible, protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s) unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooperation. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal control/shelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures may, from time to time, be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement. 6 Section 5 Default, Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement, the aggrieved party shall provide (in order to declare default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15) days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party, however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Termination. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty (60) days written notice to the other party. Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties, the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions A. Entire Agreement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating 7 to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severability. In the event any portion of this Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have read, understand and do freely and voluntarily execute this Agreement on the day and year written below. Dated this ____ day of December, 2020. _____________________ Paul Briseno City Manager ATTEST: ____________________ Bonnie Foster City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 Dated this ____ day of December, 2020. ____________________ Ashley Biggar Board President 120 W. Second Street South Brookings, SD 57006 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 21-0594,Version:1 Update: 2021-2026 City Council Strategic Plan Summary: The City of Brookings Strategic Plan is a guiding document utilized to attain desired outcomes for the community. Key focus areas prioritize goals and policies to assist in attainment. Annually, the City Council updates the strategic plan. Staff will present a report of the plan's achievements for 2021. Attachments: Memo 2021-2026 City Council Strategic Plan City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: December 14, 2021 Subject: 2021-2026 City Council Strategic Plan Update Person(s) Responsible: Paul M. Briseno, City Manager Summary: The City of Brookings Strategic Plan is a guiding document utilized to attain City Council desired outcomes for the community. Key focus areas prioritize goals and policies that will assist in attainment. Annually, the City Council updates the strategic plan. Staff presents a report of the plan's achievements for 2021. Background: In 2018, the City Council set the process for a five-year strategic plan. Annually, the City Council reviews the document for revisions. The living document should be reflective of the change in Council and community. The strategic plan is one of many documents that guide operations, policy, and strategy to attain this community's dreams. Annually, Council will reflect and update the plan. Council passed the current plan March 2021. Item Details: The updated 2021-2026 City Council Strategic Plan contains five focus areas which include: Fiscal Responsibility Safe, Inclusive, and Connected Community Service and Innovation Excellence Sustainability Economic Growth Within the plan, focus statements guide the prioritized policies or projects. Every Council meeting, staff reflects within all memos one of the five focus strategy areas to ensure constant commitment to the plan. Internally, the document is reviewed quarterly to monitor success. The report focuses on major achievements in 2021. Many of the projects identified will continue for the foreseeable future. Reported tasks must fit within the Council prioritized categories and generally require extensive staff investment to achieve. The organization's success is attributed to the City's employees and leadership's commitment to the community of Brookings and the City Council's Strategic Plan. Legal Consideration: None Strategic Plan Consideration: This report details the efforts to achieve City Councils Strategic Plan for 2021. Fiscal Responsibility – financial transparency, service delivery, service level, outside agency funding Safe, Inclusive, Connected Community– facility improvements, emergency mgmt. planning, Master Plans, Studies, Volunteer Boards Service and Innovation Excellence– performance mgmt., governance, operations, intergovernmental relations, policy review Sustainability – sustainable measures (training, implementation, policy), environmental, future quality of life, Master Plans, Comprehensive Plan Economic Growth– community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re-development, future growth Financial Consideration: Each reported item had a financial cost in time or material. Recommendation: This item is presented as a report to City Council and the public. Supporting Documentation: 2021-2026 City Council Strategic Plan – 2021 Update City of Brookings 0 | Page 2020 Budget Book City of Brookings 1 | Page 2021-2026 Strategic Plan Vision 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! Mission The City of Brookings is committed to providing a high quality of life for its citizens by fostering a diverse economic base, innovative thinking, strategic planning, and proactive, fiscally-responsible municipal government. City of Brookings 2 | Page 2021-2026 Strategic Plan 2021-2026 STRATEGIC PLAN CITY OF BROOKINGS, SOUTH DAKOTA A. Fiscal Responsibility Brookings will implement innovative and responsible policies and business practices to effectively manage its fiscal and human resources for the short and long term. Brookings will maintain a stable financial environment that is transparent and that maintains an outstanding quality of life for our citizens. Business practices will be efficient, business friendly and ensure exceptional customer service to all stakeholders and citizens. GOAL 1: Outside Agency Funding Analysis (Capital/Economic/Social Services) - Social service agency analysis/recommendation/impact report provided by United Way - Economic Development agencies review started GOAL 2: Evaluation of Existing Staffing, Service Delivery, and Service Level - Three additional dispatchers funded in the 2022 budget - Lead Dispatchers added to assist with overtime and span of leadership - All open positions evaluated for need and position refinement - Identified initial department needs and exploration of software, duties, and process ongoing GOAL 3: Maintenance of City Facilities and Infrastructure (Unfunded Liability) - $1.2 million was budgeted in 2022 from City Council Financial Policy - All future facility maintenance is now within the 10-year Capital Improvement Plan - Upgraded the Library’s HVAC system and exterior doors - Replaced the Art Council’s elevator GOAL 4: Review of Financial Reserve Policy GOAL 5: Long-Term Strategic Financial Plan - 10-year operational plan started with consultant City of Brookings 3 | Page 2021-2026 Strategic Plan - Financial reserve policy/analysis in collaboration with 10-year operating plan with development in 2022 GOAL 6: Internal Financial Process Review and Auditing - Consultant contracted and primary areas for improvement identified - Ongoing continuous improvement lead and completed by internal staff OTHER: -$4.3 million in American Rescue Plan (1/2) funding received/administered with survey - COVID incentive shot program complete and included partnership with SDSU/SWIFTEL - 2020 Audit contained 0 material weakness - Received the award for outstanding CAFR/ACFR - 2021 Budget in Brief presented to all employees and community leadership groups - New 2022 Budget in Brief developed - Obtained a $2,500 Literacy Grant to add Wonderbooks and launchpads - Dark fiber infrastructure increase efficiencies/communication and opportunities while saving $85,000 over 5 years - Dell’s VxRail Hypercnverged Infrastructure combined multiple datacenters into one creating costs savings - Fortinet Fortigate 100F Nextgen firewall installation eliminated 14 outdated firewalls with increased protection B. Safe, Inclusive, and Connected Community Brookings and our partners will provide programs, gathering places, and events where the community can come together to participate in opportunities of learning, recreation, and enjoyment. Connectivity within the community will be cultivated through citizen and cultural engagement, outstanding customer service, public safety and clear, accessible communication. Our community's history, its diversity, inclusivity, and environment will be protected for future generations. GOAL 1: Police Facility Improvements - Owners representative hired - Engineer and construction manager at risk with reconstruction/new construction estimate developed in the summer 2022 - 2021 approximately $7million identified in CCFPP with $500,000 committed in November City of Brookings 4 | Page 2021-2026 Strategic Plan GOAL 2: Emergency Management Planning - First Ever City/County emergency preparedness exercise in November GOAL3: Fire Training Facility Improvements GOAL 4: Food Pantry Improvements - $1.7 million Community Development Block Grant Secured for United Way, Food Pantry, Back Pack Program, and senior programing with construction in 2022 GOAL 5: Park Master Plan Implementation - Master plan completed - Park Board will prioritize and strategize outcomes GOAL 6: Bicycle Master Plan Awareness and Implementation - Future implementation and funding of 1-1.5 mile of trails along 20th street identified for 2022 - $87,000 State Grant awarded for Prairie Hills hike and bike path extension - GIS bike master plan layer completed - Bike Committee transferred as a Parks Board Subcommittee - Bike Master Plan now included in Development Review Discussions GOAL 7: Transportation Connectivity Index Development and Implementation GOAL 8: Housing Study Update and Implementation - BEDC, County and City contracted with RDG for a housing study with completion in early 2022 - Traditional zoning changes to R1D to include setback and lot size reductions ready for PC action - Affordable housing infrastructure commencement at 15th and 7th Ave, developer agreement 2022 - Final Plat policy changed to allow administrative approval which expedites development - Traditional Development proposed internally that increases workforce housing and peacemaking - Development cost calculator completed GOAL 9: Downtown Master Plan Development and Implementation GOAL 10: Volunteer Board Advancement – Presentations (Annual Report and Goal Setting) - Staff liaisons notified of 2022 Council Planning session discussion - Elimination of inactive boards - Combination of boards for greater efficiencies, resources, and outcomes - Created new structured orientation process for all new members OTHER: - BMU water shutoff policy change to eliminate trip/ADA hazards in sidewalks - New dog park grant awarded for Sexauer, 2022 development - $3.7m Bob Sheldon renovation completed - Bob Shelden art project designed, 2022 completion - Inaugural Community Games City of Brookings 5 | Page 2021-2026 Strategic Plan - BISA Hockey Performance Center project development - Park & Rec Summer Guide printed in Spanish - Library Board’s 2022-2024 Strategic Plan finalized - Native American History Month Speaker Series grant funded - Safety assessment on the Library completed by the police department with 2022 improvements - $3,000 ALA “Libraries Transforming Communities” grant - Sponsored and planned successful Juneteenth event - Bystander training to the public - Continuation of listening sessions C. Service and Innovation Excellence Brookings will provide a working environment that is committed to ongoing innovation and outstanding service through listening and engagement. Employees will be provided the tools, resources, and support while promoting continuous improvement and growth. GOAL 1: Performance Management Implementation and Enhancement – Brookings Insights Performance Management implemented spring 2021 and updated every six Months -Quarterly CFO report directly linked to the public facing website with interactive metrics GOAL 2: Development Review Team Process Improvement GOAL 3: City Governance and Operations Policy Review – Governance policy complete - Ends and other Council policy review underway - Commission on Accreditation for Law Enforcement Agencies (CALEA) – Started a three year process for accreditation which includes the review of all police department policies GOAL 4: Community Survey Development, Distribution, and Review GOAL 5: Community-Oriented Policing Engagement, Awareness and Implementation - National Night Out record breaking attendance (700+) - Launch of Desk Officer Reporting system- Citizen reporting 24/7 of non-violent crimes - Coffee with a Cop restarted GOAL 6: Intergovernmental Relations and Policy Shaping GOAL 7: Marijuana Implementation Planning and Policy - Zoning, application, fee and process implemented OTHER: - Creation of a Public Works Department that improve efficiencies City of Brookings 6 | Page 2021-2026 Strategic Plan - New City Planner – First AICP Certified Planner - New City Engineer – Background in best management practices with environmental experience - New Fire Chief and Deputy Fire Chief - GIS division 95% base layer complete – Collaboration with the County, BMU, & School - GIS – development of apps for code enforcement, sidewalk inventory, fire hydrants, water flow, bike master plan - GIS story map of Brookings future development hindrances - New employee evaluations and software system contracted - New employee monthly news letter implemented - Total compensation/benefit statements sent to all employees annually - Part Time pay analysis brought employees into market - Finalized department head 360 evaluations - Organizational wide diversity and bias training - Launched Engage Brookings App - SDSU Project Engagement – Smart Projects, Sustainable initiatives, redevelopment opportunities, research park project - Fleet Maintenance Software – Replacement and maintenance program - American Public Works Association – Streets personnel attended AWA snow best practices to improve winter weather response and environmental friendly use of salt - Evaluation and update of City/School District joint use agreement - Restructure of Park Maintenance Staff to increase efficiencies with limited staffing - Building permit software (iWorQ) integration with BMU for enhanced communication, efficiencies, etc. on building permit reviews - Assisted 21 applicants to date with the 11.1 Historic Review process - Joint Jurisdiction Zoning Ordinance Update – City & County Planning Commissions started the ordinance review process after a break during pandemic - Successful negotiation of multi-year union agreements with police and city general - Non-lethal force tools added with pepper ball launchers - Text to 911 now available - Implementation of Docusign software for better customer service and internal efficiencies D. Sustainability Brookings will meet our environmental, community, economic desires and needs without compromising future generations’ quality of life. We will strategically plan, implement and maintain current and future infrastructure and facilities, using technology when possible, to support the community’s quality of life, economic viability, and protect the environment. GOAL 1: Stormwater and Groundwater Master Plan, Best Practices, Maintenance, Development Code, Education, and Partnerships - Stormwater master plan contracted and completion expected 2022 - Six Mile Stormwater Study FEMA grant awarded for $100,000 City of Brookings 7 | Page 2021-2026 Strategic Plan - Stormwater pilot project on Jefferson addresses sump pump discharge complete with policy review for implementation in sections of new development - SDSU Collaborations – Stormwater BMP (rain gardens, rain barrels, education) - Impervious pavement project at Bob Shelden complete - 20th & Medary stormwater improvement funding identified through TIF - CITCO educational retention garden GOAL 2: Sustainable Development Practices Training, Implementation, and Policy - All Department Heads attended sustainability training - $10k new tree rebate program implemented - CITCO electric vehicle charging station functional through a collaboration with BMU - Fast charging station collaboration effort with BMU - New Electric fleet vehicle and direction to start moving to renewable fuel fleet - First Ever Household Hazardous Waste Event - Emerald Ash Borer Management Plan GOAL 3: Park Land Dedication Policy GOAL 4: Comprehensive Plan Implementation - Infrastructure Acceptance Policy approved to protect City/Residents infrastructure - Commercial Overlay Districts adopted that protects the culture and aesthetics of Brookings on primary corridors - Buffer Yard Regulations enacted to increased green space and landscaping (BMP stormwater) incorporated to protect environment and neighborhoods OTHER: - Landfill Master Plan state grant awarded to Identify recycling, household hazardous waste, risk/liability reductions, efficiencies, and sustainability of landfill facility - Historic Preservation Plan Update completed - Library HVAC – value engineered to reduce costs while gaining efficiencies - City of Brookings new domain implementation increased interoffice communication - Print services contract renegotiated to consolidate departments into one contract - Migration of TimeClock and Springbrook financial/Personnel services to the cloud E. Economic Growth Effective community investment and equitable opportunities for prosperity fostered through streamlined processes, technology, safety, proper planning and an aesthetically attractive community appearance. This is supported by sustainable development through fostering partnerships. The quality of life for our citizens is key to our economic success. City of Brookings 8 | Page 2021-2026 Strategic Plan GOAL 1: Swiftel Center Return on Investment and Financial Planning - New contract with Spectra containing cost savings/mitigation measures GOAL 2: Swiftel Center Facility Expansion and Hotel - Site listed with Brookings Economic Development Corporation to receive proposals GOAL 3: Swiftel Center Agriculture Market Growth - Contracted with local consultant to assist in the growth of agriculture related events GOAL 4: Marketplace Development GOAL 5: City-Owned Land and Purchasing Policy GOAL 6: Future Development and Growth Cost-Benefit Analysis – Cost – Benefit calculator created for residential development analysis through the University of Iowa GOAL 7: Armory Redevelopment and Hotel – A new agreement was approved with transfer of the property expected July 2022 GOAL 8: I-29 and 20th Street Interchange Construction - Approval for entry received - Design completed - Bids received November 17 and awarded for $15.3 million - Construction completion anticipated 2023 OTHER: - Future land use GIS presentation to the key stakeholder of 10-15 years of developable land - Inventory of community photos for marketing contracted and shared with city partners - 15th and 7th Street Infrastructure prepared for a workforce housing project - Attainment of McClemans Property for stormwater and street infrastructure - DRT met 33 times, reviewed 12 rezones, 5 preliminary plats, 29 development projects, 7 conditional use permits, 32 agenda items on policy/presentations, and 85 total agenda items - Creation of TIF #11 to spur economic growth in southwest portion of community 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 21-0601,Version:1 Update: Housing Study Summary: City Manager Paul Briseno will provide an update on the Housing Study. City of Brookings Printed on 12/9/2021Page 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 #:RES 21-106,Version:1 Action on Resolution 21-106, a Resolution Authorizing Change Order No. 1 (Final) for 2021-08STI, Overlay Project; Bowes Construction, Inc. Summary: This resolution will approve Change Order Number 1 (Final) for an increase of $65,181.29 to the contract amount to close out the project. The increased cost was due to additional work being added to the project including storm sewer improvements in the Faculty Drive area as well as a sidewalk connection to the Nature Park at the end of Avalon Circle. To accommodate the additional work, the substantial and final completion dates shall be extended by 10 working days. The additional work on the project is within the budgeted amount. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: December 14, 2021 Subject: Resolution 21-106: Authorizing Change Order No. 1 (Final) for 2021-08STI, Overlay Project; Bowes Construction, Inc. Presenter: Charlie Richter, City Engineer Summary: This resolution will approve Change Order No. 1 (Final) for an increase of $65,181.29 to the contract for the 2021-06STI Chip Seal Project to close out the project. This increase will account for additional work that has been completed and will adjust the contract to as-built quantities. Background: This project is the annual street maintenance project, which included asphalt milling, digouts and overlays on various streets in Brookings that were in need of repair. This year, the project also included sidewalk ramp upgrades and new fillets as a larger combined project. The areas repaired this year included: 3rd Street from Medary Avenue to 17th Avenue: mill & overlay and sidewalk ramp upgrades 15th Avenue from 3rd Street to 5th Street: mill & overlay and sidewalk upgrades 4th Street from Medary Avenue to 12th Avenue: curb and gutter replacement and mill & overlay 4th Street from 14th Avenue to 15th Avenue: mill & overlay Faculty Drive: mill and overlay, sidewalk ramp upgrades and storm sewer upgrades 32nd Avenue North of Highway 14 Bypass: from Nutrien Ag Solutions to the north end: full digout and new asphalt pavement 8th Street from 14th Avenue to 20th Avenue: mill & overlay 20th Avenue from 8th Street to 6th Street: mill & overlay Division Avenue and 2nd Street South: sidewalk ramp and storm sewer upgrades Hillcrest Park: recreation trail replacement Indian Hills Park: recreation trail replacement Larson Park: parking lot reconstruction and trail upgrade Swiftel Center: sidewalk upgrades and south parking lot overlay Additional Work Added to the Contract o Sidewalk connection to the Nature Park at the end of Avalon Circle o Installed 560-feet of pipe and four (4) inlets from Faculty Drive to the Village Square Channel Item Details: All work related to the project has been completed throughout this summer and fall. The additional sidewalk added to the project will help by adding another connection from city sidewalks to the trail system in the Dakota Nature Park. The pipe installed from the new Faculty Drive pond will help keep the pond dry outside of rain even ts to keep it safe and looking cleaner. To accommodate the additional work, the substantial and final completion dates shall be extended by 10 working days. Legal Consideration: None. Strategic Plan Consideration: Sustainability: The street maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt material that is milled from the street surfacing is used in the hot asphalt mix that is placed in the overlay, thereby recycling the amount of virgin aggregate material and using less percentage of oil in the mix. The asphalt overlays extend the life of the streets and reduce the need for a full reconstruction of the streets. Financial Consideration: The City will increase the contract with Bowes Construction, Inc. by $65,181.29 resulting in a final contract amount of $1,755,692.26. The additional work on the project is within the budgeted amount. 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. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 21-106 Resolution Authorizing Change Order No. 1, Final, for Project 2021-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2021- 08STI, Street Maintenance and Overlay Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as- constructed quantities for a decrease of $25,209.43 and include additional work for an increase of $90,390.72. Combining these will result in the project cost increasing by $65,181.29. To accommodate the additional work, the substantial completion date shall be extended by 10 working days to close out the project. Passed and approved this 14th day of December, 2021. CITY OF BROOKINGS ________________________________ Oepke Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-116,Version:1 Action on Resolution 21-116, a Resolution Authorizing Change Order No. 1 (Final) for Project 2021- 04STI Swiftel Pavement Reconstruction Project; Timmons Construction, Inc. Summary: The 2021 Swiftel Paving Project is completed and ready to be closed out. The final cost of the project is $130,894.50, which is an increase of $21,362.00 for the original contract price of $109,532.50. The increased cost was due to replacing more sidewalk along the Larson Ice Arena to address several trip hazards and additional gravel base course to address the inadequate base section under the pavement section. This Resolution will approve Change Order No. 1 (Final) for an increase of $21,362.00 to the contract amount to close out the project. The additional amount is within the project budget. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: December 14, 2021 Subject: Resolution 21-116: Change Order No. 1 (Final) for Project 2021-04STI Swiftel Pavement Reconstruction Presenter: Charlie Richter, City Engineer Summary: This resolution will approve Change Order Number 1 (Final) for the 2021-04STI Swiftel Pavement Reconstruction for Timmons Construction Inc. for an increase of $21,362.00 to close out the project. The existing budget is sufficient to pay for the increased amount. Background: There was an area of existing asphalt pavement between the Swiftel Cen ter and Larson Ice Center which was in poor condition. The area was identified by the staff at the Swiftel Center as a priority since the location has heavy traffic and is used for loading/unloading by large trucks for events. The project is completed and is ready to close out. The project summary is as follows: Original Contract Price: $109,532.50 Change from Previously Approved Change Orders: $0.00 Contract Price Prior to this Change Order: $109,532.50 Increase of this Change Order (No. 1 Final) $21,362.00 Contract Price incorporating the Change Order: $130,894.50 Item Details: The reconstruction of the pavement was completed this fall. Some additional sidewalk replacement was added to the project to eliminate several trip hazards and deteriorated sidewalk. Some of the additional cost also came from using more gravel than planned due to unforeseen subgrade issues. This resolution will approve Change Order No. 1 (Final) for an increase of $21,362.00 to the contract to close out the project. Legal Consideration: None. Strategic Plan Consideration: Sustainability: The street maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The existing asphalt material at the Swiftel Center will be ground up and recycled. In addition, the concrete is a cooler pavement, thereby reducing the “heat island” effect between the Swiftel Center and the Larson Ice Arena. With the Swiftel Center’s HVAC condenser units adjacent to the pavement, this may even have the potential to improve the efficiency of the HVAC system on hot days. Financial Consideration: By approving the presented change order, the City of Brookings will increase the contract amount with Timmons Construction by $21,362.00. The additional amount is within the project budget. 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. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 21-116 Resolution Authorizing Change Order No. 1, Final, for Project 2021-04STI Swiftel Pavement Reconstruction Project; Timmons Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2021- 04STI, Swiftel Pavement Reconstruction Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as- constructed quantities for an increase of $21,362.00 to close out the project. This will result in a final contract amount of $130,894.50. Passed and approved this 14th day of December 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-112,Version:1 Action on Resolution 21-112, a Resolution Approving Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center. Summary: The City of Brookings and Brookings County originally created a Joint Cooperative Agreement in 2010 for the purchase of land, construction, equipping, and maintaining of the Brookings City & County Government Center. The updated agreement removes outdated provisions related to the purchase of land and construction of the facility, establishes that City membership on the Government Center Advisory Committee will be City staff appointed by the City Manager, and provides for the declaration of surplus property. The Joint Powers Board approved the updated agreement at the November 2021 meeting. Recommendation: Staff recommends approval. Attachments: Memo Resolution Agreement - clean Agreement - marked Agreement - 2010 City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: December 14, 2021 Subject: Joint Powers Agreement Amendment Presenter(s): Jacob Meshke, Assistant City Manager Paul Briseno, City Manager Summary: The City of Brookings and Brookings County originally created a Joint Cooperative Agreement in 2010 for the purchase of land, construction, equipping, and maintaining of the Brookings City & County Government Center. The updated agreement removes outdated provisions related to the purchase of land and construction of the facility, establishes that City membership on the Government Center Advisory Committee will be City staff appointed by the City Manager, and provides for the declaration of surplus property. The Joint Powers Board approved the updated agreement at the November 2021 meeting. Background: The City of Brookings and Brookings County originally created a Joint Cooperative Agreement in 2010 for the purchase of land, construction, equipping, and maintaining of the Brookings City & County Government Center. Based on a desire of the City to update the membership of the Building Advisory Committee from the 2021 City Council Strategic Retreat and certain portions of the Agreement becoming outdated over the past ten (10) years, the City and County took on a collaborative effort to update the Agreement. Item Details: The updated agreement removes outdated provisions related to the purchase of land and construction of the facility, establishes that City membership on the Government Center Advisory Committee will be City staff appointed by the City Manager, and provides for the declaration of surplus property. The Joint Powers Board approved of the updated agreement at the November 2021 meeting. Legal Consideration: City Attorney Steve Britzman drafted the Resolution and updated Agreement. Strategic Plan Consideration: Service and Innovation Excellence – The updated agreement provides for the continued, exceptional operation and maintenance of the facility as well as on -going cooperation and collaboration between the City of Brookings and Brookings County. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss/Take No Action or Table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Agreement – clean Agreement – marked Agreement – 2010 Resolution 21-112 A Resolution Approving Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings and the County of Brookings are parties to a Joint Cooperative Agreement, dated April 6, 2010, and Whereas, the City of Brookings and the County of Brookings now desire to amend the above-mentioned Joint Cooperative Agreement pursuant to an Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center, a true copy of which is attached hereto, marked Exhibit “A”, Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center is approved; and B. That the Mayor and City Clerk are authorized to execute the Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center on behalf of the City of Brookings. Passed and approved on the 14th day of December, 2021. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Exhibit “A” AMENDED AND RESTATED JOINT COOPERATIVE AGREEMENT FOR THE MANAGEMENT OF THE BROOKINGS CITY & COUNTY GOVERNMENT CENTER ______________ This Amended and Restated Joint Cooperative Agreement for the management of the Brookings City & County Government Center is executed effective as of _________________, 2021, by and between the County of Brookings, South Dakota (the “County”) and the City of Brookings, South Dakota (the “City”). WHEREAS, the parties did enter into a Joint Agreement for the Brookings City & County Government Center effective as of the 13th day of April, 2010, and the parties now desire to amend and restate their Joint Agreement for the management of the Brookings City & County Government Center. NOW, THEREFORE, the parties to the above-referenced Agreement hereby amend and restate their Agreement in the manner set forth below. Section One Statutory Authority/Joint Powers Agreement This agreement is an agreement for joint or cooperative action pursuant to SDCL Chapter 24, and does not constitute a separate administrative or legal entity pursuant to SDCL § 1-24-19. Section Two Purpose of this Agreement and Use of the Government Center Building This agreement is intended to set forth the terms and conditions under which the County and City will manage and maintain their government building for the joint and common use of the County and City to provide space for the County’s administrative offices and the City’s administrative offices. Further, it is the intent of both Parties that this Agreement may be further amended and supplemented as needed. Section Three Building Name The name of the building is the BROOKINGS CITY & COUNTY GOVERNMENT CENTER. Section Four Government Center Advisory Committee The parties have established a Government Center Advisory Committee, consisting of four (4) members, with two (2) members designated by the County and two (2) members designated by the City. The Government Center Advisory Committee meets periodically as necessary for the purpose of discussing the operation of the building and grounds. The representatives of the County shall consist of two County Commissioners, who shall be appointed by the County Commission. The representatives of the City shall be employees of the City, appointed by the City Manager. The Government Center Advisory Committee shall have general authority concerning the continued operation of the building, including the following: 1. Elect Chairperson and Vice Chairperson; 2. Approve the annual budget and budget amendments; 3. Review building security, safety issues and insurance coverage; 4. Review necessary building and utility repairs, maintenance and building improvements; 5. Review and update information technology (“IT”) within the building; 6. Discuss landscaping, exterior maintenance and snow removal; 7. Consider capital improvements and equipment purchases as necessary; 8. Coordinate use of election facilities; 9. Update this Agreement as necessary; and 10. Special meetings may be called, as needed, by the Chairperson. The following matters are subject to approval by both the County Commission and the City Council: All contracts where competitive bidding is required; All bonds and financing; and The annual budget of the building maintenance, repairs and improvements. In the event members of the Government Center Advisory Committee are at an impasse by virtue of a tie vote on an issue they deem irreconcilable, the Committee agrees to submit the issue to a mutually acceptable dispute resolution and mediation process. Section Five Allocation of Building Maintenance Costs A) Each party is paying an allocated share of the ongoing building-related costs based upon their respective square footage of separate office area as it relates to the combined square footage of both separate office areas, with the County’s share at Fifty - two percent (52%) and the City’s share at Forty-eight percent (48%). B) Each party shall timely pay its respective share of any building and cap ital improvement costs as they become due. Section Six Furniture, Fixtures and Equipment The City and County will each continue to pay for their own furniture, fixtures and equipment necessary for their operations in the building. Each Party shall pay f or furniture, fixtures and equipment necessary for the joint areas and the general operation of the building based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). The Government Center Advisory Committee may recommend to the City and County that furniture, fixtures and equipment deemed no longer necessary for the joint areas and general operation of the building be declared surplus. The City and County may then declare such property surplus, and can determine the method of disposal by the City and County. Section Seven Insurance Liability insurance shall continue to be procured jointly by the County and the City to protect these governmental entities from any and all claims for bodily injury, including death and property damage arising out of the use or operation of the facility. In addition, fire and extended coverage insurance in an amount not less than the estimated replacement cost of the building shall be obtained by the County a nd the City, which will insure the owners of the building in case of fire, catastrophe, or other damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay for the cost of such insurance based upon the allocation of County share of Fifty-two percent (52%) and the City share of Forty-eight percent (48%). Each Party shall pay for any insurance on its separately owned furniture, fixtures and equipment. Section Eight Portion and Method of Allocating Expenses of Operation and Maintenance Each party shall pay for all costs of maintenance, repairs, utilities and capital replacement for its separate areas. The costs of maintenance, repairs, utilities and capital replacement of the building exterior, roof, heating and air conditioning systems, grounds, parking lot, audio and video equipment in joint-use spaces and common areas shall be allocated between the Parties based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). Based upon action taken in February, 2019, the City Manager and Commission Department Director have administrative authority to make individual purchases of up to $5,000. Section Nine Management of Common Areas Management and scheduling of the joint-use areas of the building shall follow the “Meeting Room & Common Space Usage Policy” (Exhibit “A”, attached) as established by the Government Center Advisory Committee. The County Commission and the City Council shall always have priority as to the use of the Commission/Council Chambers. Any fees generated by the use of the common areas of the building shall be applied to the costs of maintenance and upkeep of such common areas. Section Ten Personnel The City shall control the personnel and operations of its offices and the County shall control the personnel and operations of its offices, except as specifically agreed to within the terms of this Agreement or any other agreement between the Parties. The County shall provide custodial/maintenance services for the building as needed throughout the normal workday hours and on an emergency basis. Wages for the county employee(s) shall be reimbursed to the County by the City quarterly and shall be based on the county employees’ hourly wage, benefits and number of hours they are at the facility based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share of Forty-eight percent (48%). Section Eleven Disposition of Revenue Derived from Building In the event that there exists any revenues derived from the operations of the building, the County and City shall retain such revenues as are attributable to the space under its control. Section Twelve Termination This agreement shall continue until otherwise terminated by the parties by mutual agreement. Section Thirteen Partial Invalidity If any one or more of the provisions of this Agreement shall be held to be unenforceable in any respect, by final decree of any court of lawful jurisdiction, such unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto. Section Fourteen Agreement Open to Public Inspection/Publication of Proceedings This agreement shall be filed and copies hereof kept as an open record with the County Finance Officer and City Clerk and shall be open to public inspection. The publication and other procedures for Notice of Meetings, Meetings, including Agendas and Minutes of Meetings wherein the business of the Government Center Advisory Committee is conducted shall conform to the respective procedures of the County of Brookings and City of Brookings. Section Fifteen Amendments This agreement may be amended and supplemented from time to time by the action of the governing bodies of the County and City. This agreement is intended to amend previous agreements, and to the extent such agreements are inconsistent with this agreement, they are hereby repealed. Therefore, all other agreements in conflict herewith are hereby repealed. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. _____________________________ _____________________________ Oepke G. Niemeyer, Mayor Larry Jensen, Chairperson, Brookings County Board of Commissioners ATTEST: ATTEST: _____________________________ ______________________________ Bonnie Foster, City Clerk Lori Schultz, County Finance Officer Exhibit “A” Joint Powers Board, City and County of Brookings Meeting Room & Common Space Usage Policy 1) Brookings County shall develop its own individual policy governing the use of Rooms 103, 221, 215, and 332. The City of Brookings shall develop its own individual policy governing the use of Rooms 147, 241, and 242. 2) Room 300 (Community Room), Room 310 (Chambers), Room 312 (Executive Session Room), Rooms 340/341 (Conference/Break Room), and the first and second floor common spaces (hallways) shall be available to any committee, advisory board, commission, task force, or council whose establishment has been duly affi liated with, created, or authorized by the governing board of either the City or County of Brookings. Scheduling must occur through the appropriate City or County procedure. It is understood most of these scheduling demands will be standing meetings of each entity. 3) Meeting rooms referenced in #2 shall be available to any entity that is non -profit and whose purpose and mission is governmental, civic, charitable, fraternal, or educational in nature. Meetings held by the governing board of the City and County as well as those groups listed in #2 shall have priority. 4) It is preferred that usage occur within regular business hours. Events held in these spaces shall not disrupt regular business. An effort will be made to hold events in the first and second floor common spaces after hours when possible. Any group, other than those listed in #2, using a space during non-work hours shall be communicated between the City and County in advance of the event. 5) Users not listed in #2 must schedule the spaces by contacting either the Commission Department Director’s office or the City Manager’s office. 6) Users must return the condition of the space to the way they found it. Users will be responsible for their own set-up arrangements of the room. Users are responsible for clean-up and will be billed for any special cleaning necessary or any damage that occurred. As long as garbage is bagged, bags may be left for building staff to dispose. 7) Tables, chairs, flags, a lectern, and a podium are available. 8) Electronic equipment such as recording, teleconferencing, audio/visual is available and will be billed at an hourly rate for technical assistance for the use of such equipment. 9) Alcohol and tobacco are not permitted in the building. Food and other beverages are permitted. (See #6) 10) Users are responsible for the supervision of children when using the rooms. ADOPTED: Joint Powers Board, August 15, 2019 1 AMENDED AND RESTATED JOINT COOPERATIVE AGREEMENT FOR THE MANAGEMENT OF THE BROOKINGS CITY & COUNTY GOVERNMENT CENTER ______________ This Amended and Restated Joint Cooperative Agreement for the management of the Brookings City & County Government Center is made and entered into by and between the County of Brookings, South Dakota (the “County”) and the City of Brookings, South Dakota (the “City”). WHEREAS, the parties did enter into a Joint Agreement for the Brookings City & County Government Center effective as of the 13th day of April, 2010, and the parties now desire to amend and restate their Joint Agreement for the management of the Brookings City & County Government Center. NOW, THEREFORE, the parties to the above-referenced Agreement hereby amend and restate their Agreement in the manner set forth below. Section One Statutory Authority/Joint Powers Agreement This agreement is an agreement for joint or cooperative action pursuant to SDCL Chapter 24, and does not constitute a separate administrative or legal entity pursuant to SDCL § 1-24-19. Section Two Purpose of this Agreement and Use of the Government Center Building This agreement is intended to set forth the terms and conditions under which the County and City will manage and maintain their government building for the joint and common use of the County and City to provide space for the County’s administrative offices and the City’s administrative offices. Further, it is the intent of both Parties that this Agreement may be further amended and supplemented as needed. Section Three Building Name The name of the building is the BROOKINGS CITY & COUNTY GOVERNMENT CENTER. Section Four Government Center Advisory Committee The parties have established a Government Center Advisory Committee, consisting of four (4) members, with two (2) members designated by the County and two (2) members designated by the City. The Government Center Advisory Committee meets periodically as necessary for the purpose of discussing the operation of the building and grounds. The representatives of the County shall consist of two County Commissioners, who shall be appointed by the County Commission. 2 The representatives of the City shall be employees of the City, appointed by the City Manager. The Government Center Advisory Committee shall have general authority concerning the continued operation of the building, including the following: 1. Elect Chairperson and Vice Chairperson; 2. Approve the annual budget and budget amendments; 3. Review building security, safety issues and insurance coverage; 4. Review necessary building and utility repairs, maintenance and building improvements; 5. Review and update information technology (“IT”) within the building; 6. Discuss landscaping, exterior maintenance and snow removal; 7. Consider capital improvements and equipment purchases as necessary; 8. Coordinate use of election facilities; 9. Update this Agreement as necessary; and 10. Special meetings may be called, as needed, by the Chairperson. The following matters are subject to approval by both the County Commission and the City Council: All contracts where competitive bidding is required; All bonds and financing; and The annual budget of the building maintenance, repairs and improvements. In the event members of the Government Center Advisory Committee are at an impasse by virtue of a tie vote on an issue they deem irreconcilable, the Committee agrees to submit the issue to a mutually acceptable dispute resolution and mediation process. Section Five Allocation of Building Maintenance Costs A) Each party is paying an allocated share of the ongoing building-related costs based upon their respective square footage of separate office area as it relates to the combined square footage of both separate office areas, with the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). B) Each party shall timely pay its respective share of any building and capital improvement costs as they become due. Section Six Furniture, Fixtures and Equipment The City and County will each continue to pay for their own furniture, fixtures and equipment necessary for their operations in the building. Each Party shall pay for furniture, fixtures and equipment necessary for the joint areas and the general operation of the building based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). The Government Center Advisory Committee may recommend to the City and County that furniture, fixtures and equipment deemed no longer necessary for the joint areas and 3 general operation of the building be declared surplus. The City and County may then declare such property surplus, and can determine the method of disposal by the City and County. Section Seven Insurance Liability insurance shall continue to be procured jointly by the County and the City to protect these governmental entities from any and all claims for bodily injury, including death and property damage arising out of the use or operation of the facility. In addition, fire and extended coverage insurance in an amount not less than the estimated replacement cost of the building shall be obtained by the County and the City, which will insure the owners of the building in case of fire, catastrophe, or other damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay for the cost of such insurance based upon the allocation of County share of Fifty-two percent (52%) and the City share of Forty-eight percent (48%). Each Party shall pay for any insurance on its separately owned furniture, fixtures and equipment. Section Eight Portion and Method of Allocating Expenses of Operation and Maintenance Each party shall pay for all costs of maintenance, repairs, utilities and capital replacement for its separate areas. The costs of maintenance, repairs, utilities and capital replacement of the building exterior, roof, heating and air conditioning systems, grounds, parking lot, audio and video equipment in joint-use spaces and common areas shall be allocated between the Parties based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). Based upon action taken in February, 2019, the City Manager and Commission Department Director have administrative authority to make individual purchases of up to $5,000. Section Nine Management of Common Areas Management and scheduling of the joint-use areas of the building shall follow the “Meeting Room & Common Space Usage Policy” (Exhibit “A”, attached) as established by the Government Center Advisory Committee. The County Commission and the City Council shall always have priority as to the use of the Commission/Council Chambers. Any fees generated by the use of the common areas of the building shall be applied to the costs of maintenance and upkeep of such common areas. Section Ten Personnel The City shall control the personnel and operations of its offices and the County shall control the personnel and operations of its offices, except as specifically agreed to within the terms of this Agreement or any other agreement between the Parties. The County shall provide custodial/maintenance services for the building as needed throughout the normal workday hours and on an emergency basis. Wages for the county employee(s) shall be reimbursed to the County by the City quarterly and shall be based on the county employees’ hourly wage, benefits 4 and number of hours they are at the facility based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share of Forty-eight percent (48%). Section Eleven Disposition of Revenue Derived from Building In the event that there exists any revenues derived from the operations of the building, the County and City shall retain such revenues as are attributable to the space under its control. Section Twelve Termination This agreement shall continue until otherwise terminated by the parties by mutual agreement. Section Thirteen Partial Invalidity If any one or more of the provisions of this Agreement shall be held to be unenforceable in any respect, by final decree of any court of lawful jurisdiction, such unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto. Section Fourteen Agreement Open to Public Inspection/Publication of Proceedings This agreement shall be filed and copies hereof kept as an open record with the County Finance Officer and City Clerk and shall be open to public inspection. The publication and other procedures for Notice of Meetings, Meetings, including Agendas and Minutes of Meetings wherein the business of the Government Center Advisory Committee is conducted shall conform to the respective procedures of the County of Brookings and City of Brookings. Section Fifteen Amendments This agreement may be amended and supplemented from time to time by the action of the governing bodies of the County and City. This agreement is intended to amend previous agreements, and to the extent such agreements are inconsistent with this agreement, they are hereby repealed. Therefore, all other agreements in conflict herewith are hereby repealed. 5 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. _____________________________ _____________________________ Oepke G. Niemeyer, Mayor Larry Jensen, Chairperson, Brookings County Board of Commissioners ATTEST: ATTEST: _____________________________ ______________________________ Bonnie Foster, City Clerk Lori Schultz, County Finance Officer 6 Exhibit “A” Joint Powers Board, City and County of Brookings Meeting Room & Common Space Usage Policy 1) Brookings County shall develop its own individual policy governing the use of Rooms 103, 221, 215, and 332. The City of Brookings shall develop its own individual policy governing the use of Rooms 147, 241, and 242. 2) Room 300 (Community Room), Room 310 (Chambers), Room 312 (Executive Session Room), Rooms 340/341 (Conference/Break Room), and the first and second floor common spaces (hallways) shall be available to any committee, advisory board, commission, task force, or council whose establishment has been duly affiliated with, created, or authorized by the governing board of either the City or County of Brookings. Scheduling must occur through the appropriate City or County procedure. It is understood most of these scheduling demands will be standing meetings of each entity. 3) Meeting rooms referenced in #2 shall be available to any entity that is non-profit and whose purpose and mission is governmental, civic, charitable, fraternal, or educational in nature. Meetings held by the governing board of the City and County as well as those groups listed in #2 shall have priority. 4) It is preferred that usage occur within regular business hours. Events held in these spaces shall not disrupt regular business. An effort will be made to hold events in the first and second floor common spaces after hours when possible. Any group, other than those listed in #2, using a space during non-work hours shall be communicated between the City and County in advance of the event. 5) Users not listed in #2 must schedule the spaces by contacting either the Commission Department Director’s office or the City Manager’s office. 6) Users must return the condition of the space to the way they found it. Users will be responsible for their own set-up arrangements of the room. Users are responsible for clean-up and will be billed for any special cleaning necessary or any damage that occurred. As long as garbage is bagged, bags may be left for building staff to dispose. 7) Tables, chairs, flags, a lectern, and a podium are available. 8) Electronic equipment such as recording, teleconferencing, audio/visual is available and will be billed at an hourly rate for technical assistance for the use of such equipment. 9) Alcohol and tobacco are not permitted in the building. Food and other beverages are permitted. (See #6) 10) Users are responsible for the supervision of children when using the rooms. ADOPTED: Joint Powers Board, August 15, 2019 1 AMENDED AND RESTATED JOINT COOPERATIVE AGREEMENT FOR THE MANAGEMENT OF THE BROOKINGS CITY & COUNTY GOVERNMENT CENTER ______________ This Amended and Restated Joint Cooperative Agreement for the management of the Brookings City & County Government Center is made and entered into by and between the County of Brookings, South Dakota (the “County”) and the City of Brookings, South Dakota (the “City”). WHEREAS, the parties did enter into a Joint Agreement for the Brookings City & County Government Center effective as of the 13th day of April, 2010, and the parties now desire to amend and restate their Joint Agreement for the management of the Brookings City & County Government Center. NOW, THEREFORE, the parties to the above-referenced Agreement hereby amend and restate their Agreement in the manner set forth below. Section One Statutory Authority/Joint Powers Agreement This agreement is an agreement for joint or cooperative action pursuant to SDCL Chapter 24, and does not constitute a separate administrative or legal entity pursuant to SDCL § 1-24-19 made pursuant to the authority granted by SDCL § 1-24-1 to 1-24-23, inclusive and SDCL 6-3-2. Section Two Purpose of this Agreement and Use of the Government Center Building This agreement is intended to set forth the terms and conditions under which the County and City will manage and maintain their government building for the joint and common use of the County and City to provide space for the County’s administrative offices and the City’s administrative offices. Further, it is the intent of both Parties that this Agreement may be further amended and supplemented as needed. Section Three Building Name The name of the building is the BROOKINGS CITY & COUNTY GOVERNMENT CENTER. Section Four Government Center Advisory Committee The parties have established a Government Center Advisory Committee, consisting of four (4) members, with two (2) members designated by the County and two (2) members designated by the City. The Government Center Advisory Committee meets periodically as necessary for the purpose of discussing the operation of the building and grounds. 2 The representatives of the County shall consist of be two County Commissioners, who shall be appointed by the County Commission. The representatives of the City shall be employees of the City, appointed by the City Manager. The Government Center Advisory Committee’s meetings are official meetings held in accordance with SDCL 1-25-1. Special meetings may be called at any time by the Chairperson by giving at least twenty-four (24) hours advance notice in accordance with SDCL 1-25-1.1. The Government Center Advisory Committee shall have general authority concerning the continued operation of the building, including the following: 1. Elect Chairperson and Vice Chairperson; 2. Approve the annual budget and budget amendments; 3. Review building security, safety issues and insurance coverage; 4. Review necessary building and utility repairs, maintenance and building improvements; 5. Review and update information technology (“IT”) within the building; 6. Discuss landscaping, exterior maintenance and snow removal; 7. Consider capital improvements and equipment purchases as necessary; 8. Coordinate use of election facilities; and 9. Update this Agreement as necessary; and 10. Special meetings may be called, as needed, by the Chairperson. The following matters are subject to approval by both the County Commission and the City Council: All contracts where competitive bidding is required; All bonds and financing; and The annual budget of the building maintenance, repairs and improvements. In the event members of the Government Center Advisory Committee are at an impasse by virtue of a tie vote on an issue they deem irreconcilable, the Committee agrees to submit the issue to a mutually acceptable dispute resolution and mediation process. Section Five Allocation of Building Maintenance Costs A) Each party is paying an allocated share of the ongoing building-related costs based upon their respective square footage of separate office area as it relates to the combined square footage of both separate office areas, with the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). B) Each party shall timely pay its respective share of any building and capital improvement costs as they become due. 3 Section Six Furniture, Fixtures and Equipment The City and County will each continue to pay for their own furniture, fixtures and equipment necessary for their operations in the building. Each Party shall pay for furniture, fixtures and equipment necessary for the joint areas and the general operation of the building based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). The Government Center Advisory Committee may recommend to the City and County that furniture, fixtures and equipment deemed no longer necessary for the joint areas and general operation of the building be declared surplus. The City and County may then declare such property surplus, and can determine the method of disposal by the City and County. As needed, the City will declare items as surplus property after review by the County. Section Seven Insurance Liability insurance shall continue to be procured jointly by the County and the City to protect these governmental entities from any and all claims for bodily injury, including death and property damage arising out of the use or operation of the facility. In addition, fire and extended coverage insurance in an amount not less than the estimated replacement cost of the building shall be obtained by the County and the City, which will insure the owners of the building in case of fire, catastrophe, or other damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay for the cost of such insurance based upon the allocation of County share of Fifty-two percent (52%) and the City share of Forty-eight percent (48%). Each Party shall pay for any insurance on its separately owned furniture, fixtures and equipment. Section Eight Portion and Method of Allocating Expenses of Operation and Maintenance Each party shall pay for all costs of maintenance, repairs, utilities and capital replacement for its separate areas. The costs of maintenance, repairs, utilities and capital replacement of the building exterior, roof, heating and air conditioning systems, grounds, parking lot, audio and video equipment in joint-use spaces and common areas shall be allocated between the Parties based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). Based upon action taken in February, 2019, the City Manager and Commission Department Director have administrative authority to make individual purchases of up to $5,000. Section Nine Management of Common Areas Management and scheduling of the joint-use areas of the building shall follow the “Meeting Room & Common Space Usage Policy” (Exhibit “A”, attached) as established by the Government Center Advisory Committee. The County Commission and the City Council shall always have priority as to the use of the Commission/Council Chambers. Any fees generated by the use of the common areas of the building shall be applied to the costs of maintenance and upkeep of such common areas. 4 Section Ten Personnel The City shall control the personnel and operations of its offices and the County shall control the personnel and operations of its offices, except as specifically agreed to within the terms of this Agreement or any other agreement between the Parties. The County shall provide custodial/maintenance services for the building as needed throughout the normal workday hours and on an emergency basis. Wages for the county employee(s) shall be reimbursed to the County by the City quarterly and shall be based on the county employees’ hourly wage, benefits and number of hours they are at the facility based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share of Forty-eight percent (48%). Section Eleven Disposition of Revenue Derived from Building In the event that there exists any revenues derived from the operations of the building, the County and City shall retain such revenues as are attributable to the space under its control. Section Twelve Termination This agreement shall continue until otherwise terminated by the parties by mutual agreement. Section Thirteen Partial Invalidity If any one or more of the provisions of this Agreement shall be held to be unenforceable in any respect, by final decree of any court of lawful jurisdiction, such unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto. Section Fourteen Agreement Open to Public Inspection/Publication of Proceedings This agreement shall be filed and copies hereof kept as an open record with the County Finance Officer and City Clerk and shall be open to public inspection. The publication and other procedures for Notice of Meetings, Meetings, including Agendas and Minutes of Meetings wherein the business of the Government Center Advisory Committee is conducted shall conform to the respective procedures of the County of Brookings and City of Brookings. Section Fifteen Amendments This agreement may be amended and supplemented from time to time by the action of the governing bodies of the County and City. This agreement is intended to amend previous agreements, and to the extent such agreements are inconsistent with this agreement, they are hereby repealed. Therefore, all other agreements in conflict herewith are hereby repealed. 5 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. _____________________________ _____________________________ Oepke G. Niemeyer, Mayor Larry Jensen, Chairperson, Brookings County Board of Commissioners ATTEST: ATTEST: _____________________________ ______________________________ Bonnie Foster, City Clerk Lori Schultz, County Finance Officer 6 Exhibit “A” Joint Powers Board, City and County of Brookings Meeting Room & Common Space Usage Policy 1) Brookings County shall develop its own individual policy governing the use of Rooms 103, 221, 215, and 332. The City of Brookings shall develop its own individual policy governing the use of Rooms 147, 241, and 242. 2) Room 300 (Community Room), Room 310 (Chambers), Room 312 (Executive Session Room), Rooms 340/341 (Conference/Break Room), and the first and second floor common spaces (hallways) shall be available to any committee, advisory board, commission, task force, or council whose establishment has been duly affiliated with, created, or authorized by the governing board of either the City or County of Brookings. Scheduling must occur through the appropriate City or County procedure. It is understood most of these scheduling demands will be standing meetings of each entity. 3) Meeting rooms referenced in #2 shall be available to any entity that is non-profit and whose purpose and mission is governmental, civic, charitable, fraternal, or educational in nature. Meetings held by the governing board of the City and County as well as those groups listed in #2 shall have priority. 4) It is preferred that usage occur within regular business hours. Events held in these spaces shall not disrupt regular business. An effort will be made to hold events in the first and second floor common spaces after hours when possible. Any group, other than those listed in #2, using a space during non-work hours shall be communicated between the City and County in advance of the event. 5) Users not listed in #2 must schedule the spaces by contacting either the Commission Department Director’s office or the City Manager’s office. 6) Users must return the condition of the space to the way they found it. Users will be responsible for their own set-up arrangements of the room. Users are responsible for clean-up and will be billed for any special cleaning necessary or any damage that occurred. As long as garbage is bagged, bags may be left for building staff to dispose. 7) Tables, chairs, flags, a lectern, and a podium are available. 8) Electronic equipment such as recording, teleconferencing, audio/visual is available and will be billed at an hourly rate for technical assistance for the use of such equipment. 9) Alcohol and tobacco are not permitted in the building. Food and other beverages are permitted. (See #6) 10) Users are responsible for the supervision of children when using the rooms. ADOPTED: Joint Powers Board, August 15, 2019 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 21-0576,Version:1 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a one-year contract (01/01/2022 - 12/31/2022). Summary: Annually, the City Council approves the legal services agreement with the City Attorney. The attached agreement is consistent with the 2021 agreement. There are changes from prior years, including the appointment and compensation of an Assistant City Attorney, and the City Attorney’s fee, which is proposed to increase up to 4%. Background: The City Attorney is one of three positions appointed by Council as outlined in the City Charter. The City Attorney services are contracted and outlined within an annual agreement. The agreement outlines the performance of legal service, conflicts of interests, reimbursement for services and scope of services noted on page 2 items 1-15. Fiscal Impact: There are no financial considerations other than the 4% increase, and a provision addressing reimbursement of the Assistant City Attorney’s fees for months where the City Attorney’s monthly hours exceed 50 hours. Recommendation: The City Attorney and City Manager discussed and recommend the proposed agreement. Attachments: Memo Contract - clean Contract - marked City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: December 14, 2021 Subject: City Attorney Legal Services Agreement Renewal Presenter: Paul Briseno, City Manager Summary: Annually, the City Council approves the legal services agreement with the City Attorney. The attached agreement is consistent with the 2021 agreement. There are changes from prior years, including the appointment and compensation of an Assistant City Attorney, and the City Attorney’s fee, which is proposed to increase up to 4%. Background: The City Attorney is one of three positions appointed by Council as outlined in the City Charter. The City Attorney services are contracted and outlined within an annual agreement. The agreement outlines the performance of legal service, conflicts of interests, reimbursement for services and scope of services noted on page 2 items 1- 15. Discussion: The proposed 2022 Agreement reflects similar parameters as the 2021 Agreement; however, the fee is increased by up to 4% based on an evaluation of services. The 2022 annual contract is $103,069.92 and an hourly rate of $175.00 for litigation or substantial recodification. Additionally, $3,000 has been budgeted for membership and professional training. A section was added setting forth compensation reimbursement for the Assistant City Attorney’s fees where the City Attorney’s fees exceed Fifty (50) hours per month. Legal Consideration: None. Financial Consideration: There are no financial considerations other than the 4% increase, and a provision addressing reimbursement of the Assistant City Attorney’s fees for months where the City Attorney’s monthly hours exceed 50 hours. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The City Attorney and City Manager discussed and recommend the proposed agreement. Supporting Documentation: Memo Contract – clean Contract – marked Legal Services Agreement THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2022 and ending December 31, 2022, unless extended by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2022 through December 31, 2022 up to eight thousand five hundred eighty-nine and 16/100 ($8,589.16) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. 2 The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Three Thousand Dollars ($3,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Any work requested by other entities or parties which requires over one hour of service will only be provided after consulting with the City Manager for approval. 7. Appointment and Compensation of Assistant City Attorney It is further understood and agreed that Eric Rasmussen be appointed as Assistant City Attorney, based upon the recommendation of the City Manager and City Attorney. The term of office of the Assistant City Attorney shall coincide with the City Attorney’s term of office and the scope of services shall be as set forth in this Legal Services Agreement. The compensation for the Assistant City Attorney shall be paid in the following manner: a) If the City Attorney performs Fifty (50) or fewer hours of service per month, the City Attorney will pay all of the compensation for the Assistant City Attorney. b) If the City Attorney performs more than Fifty (50) hours of service per month, then the City will reimburse the City Attorney for all of the fees paid by the City Attorney to the Assistant City Attorney for the month. The Assistant City Attorney’s rate of compensation for this Contract is $175.00 per hour. 3 Dated this 14th day of December, 2021. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this 14th day of December, 2021. CITY OF BROOKINGS, SOUTH DAKOTA Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk 4 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. If the City Attorney is unable to attend, then the Assistant City Attorney shall attend. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. 5 All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. 16. The Assistant City Attorney shall perform all services set forth in this Scope of Services as directed by the City Attorney. Legal Services Agreement THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2022 and ending December 31, 2022, unless extended by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2022 through December 31, 2022 up to of eight thousand five hundred eighty-nine and 16/100 ($8,589.16) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 2 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Three Thousand Dollars ($3,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Any work requested by other entities or parties which requires over one hour of service will only be provided after consulting with the City Manager for approval. 7. Appointment and Compensation of Assistant City Attorney It is further understood and agreed that Eric Rasmussen be appointed as Assistant City Attorney, based upon the recommendation of the City Manager and City Attorney. The term of office of the Assistant City Attorney shall coincide with the City Attorney’s term of office and the scope of services shall be as set forth in this Legal Services Agreement. The compensation for the Assistant City Attorney shall be paid in the following manner: a) If the City Attorney performs Fifty (50) or fewer hours of service per month, the City Attorney will pay all of the compensation for the Assistant City Attorney. b) If the City Attorney performs more than Fifty (50) hours of service per month, then the City will reimburse the City Attorney for all of the fees paid by the City Attorney to the Assistant City Attorney for the month. The Assistant City Attorney’s rate of compensation for this Contract is $175.00 per hour. 3 Dated this 14th day of December, 2021. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this 14th day of December, 2021. CITY OF BROOKINGS, SOUTH DAKOTA Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk 4 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. If the City Attorney is unable to attend, then the Assistant City Attorney shall attend. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. 5 All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. 16. The Assistant City Attorney shall perform all services set forth in this Scope of Services as directed by the City Attorney. 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 21-042,Version:1 Introduction and First Reading on Ordinance 21-042, an Ordinance Authorizing Budget Amendment No. 6 to the 2021 Budget. Second Reading: January 11, 2022. Summary: The Brookings Public Library has recently received several grants and donations, for which expenditures have been identified. This Ordinance supplements the budgets for grant and donation proceeds and the related expenditure accounts to allow budget authority for these transactions. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Erick Rangel, Chief Financial Officer; Ashia Gustafson, Director of Library Services Council Meeting: December 14, 2021 / January 11, 2022 Subject: Ordinance 21-042, An Ordinance Authorizing Budget Amendment No. 6 to the 2021 Budget Presenter: Ashley Rentsch, Deputy Finance Manager Summary: The Brookings Public Library has recently received several grants and donations, for which expenditures have been identified. This Ordinance supplements the budgets for grant and donation proceeds and the related expenditure accounts to allow budget authority for these transactions. Background: The Brookings Public Library continually seeks grant and donation funding from various organizations to support its mission of engaging with the constantly changing world and technologies and acting as a dynamic civic resource to enhance the quality of life for everyone in the community. At the end of 2021, the Library received incremental grants and donations totaling $56,300. Item Details: The details of these incremental grants and donations are as follows: Organization Amount Larson Family Foundation $49,000 South Dakota Humanities Council $1,800 American Library Association $3,000 Dollar General $2,500 Approximately $4,300 is expected to be spent by the end of 2021, and the rest will be carried over in 2022. The $49,000 Larson Family Foundation grant will be used to construct a Maker Space and add audio equipment to the Children’s Activity Room. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and adding transparency regarding the receipt of grants and donations. Updated: March 2021 Financial Consideration: This action will increase the revenue and expenditure budgets for the Library department in the General Fund and the Library Donations Special Assessment Fund to recognize receipt of grant funds and the associated expenditures. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the ordinance as presented. Supporting Documentation: Ordinance Ordinance 21-042 An Ordinance Authorizing Budget Amendment No. 6 to the 2021 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2021 budget: All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: December 14, 2021 Second Reading: January 11, 2022 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Increase/ (Decrease) Justification 101-455-4-334-09 Grant 5,500.00$ Recognize receipt of Dollar General & ALA Grants $ 5,500.00 101-455-5-367-01 Grant Expenditures 5,500.00$ Increase expenditure bugdet authority for grant proceeds received $ 5,500.00 227-000-4-446-00 Donations 50,800.00$ Recognize receipt of SDHC and Larson Family Donations $ 50,800.00 227-000-5-899-99 Other Expenses 50,800.00$ Increase expenditure budget authority for grant proceeds received $ 50,800.00 Total Grant Expenditures Total Grant Revenue Library Grants Total Grant Revenue Total Grant Expenditures 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 21-040,Version:2 Public Hearing and Action on Ordinance 21-040, an Ordinance to Change the Zoning within the City of Brookings, rezoning Block 20 in Prairie Hills Addition from B-2/R-3 to Residence R-3 Apartment District. Summary: Prairie Hills LLC has submitted a request to rezone Block 20 in Prairie Hills Addition from Business B- 2 District/Residence R-3 Apartment District to Residence R-3 Apartment District. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5- 0 recommending approval. Attachments: Memo Ordinance Planning Commission Minutes Legal Notice - Planning Commission Legal Notice - City Council Application Area Map Zoning Map Future Land Use Map City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 23, 2021 / December 14, 2021 Subject: Ordinance 21-040: request to rezone Block 20 in Prairie Hills Addition from B-2 / R-3 to Residence R-3 Apartment District Presenter: Mike Struck, Community Development Director Summary: Prairie Hills LLC has submitted a request to rezone Block 20 in Prairie Hills Addition from Business B-2 District / Residence R-3 Apartment District to Residence R-3 Apartment District. Background: The property is part of larger B-2 and R-3 Zoning Districts in the Prairie Hills Addition development. The broader B-2 District has been planned for future commercial development to serve the Prairie Hills Addition development as well as other residential growth in southern Brookings. The existing R-3 District is currently being developed as The Landing at Prairie Hills. Item Details: Block 20 is a proposed 4-acre lot situated among Tallgrass Parkway, Goldenrod Trail and Chokeberry Lane. The lot will be adjacent to B-2 zoning to the west, B-2A to the north and R-3 to the east and south. The Future Land Use Map classifies this area as Medium Density Residential (MDR) which supports residential uses up to 12-units per acre. Higher density on Block 20 would be supported due to the average development density of Prairie Hills Addition, which includes lower density development to the south and east. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the rezoning would provide an opportunity for multi-family housing. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 5-0 recommending approval of the rezone. Supporting Documentation: Ordinance Planning Commission Minutes Legal Notice - Planning Commission Legal Notice – City Council Application Area Map Zoning Map Future Land Use Map Ordinance 21-040 An Ordinance to Change the Zoning Within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Block 20 of Prairie Hills Addition to the City of Brookings, Brookings County, South Dakota from Business B-2 District to Residence R-3 Apartment District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: November 23, 2021 Second Reading and Adoption: December 14, 2021 Published: December 17, 2021 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota November 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, November 2, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Lee Ann Pierce, Roger Solum, and Jorgenson. Absent were Tanner Aiken, Justin Borns, and Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Jacob Mills, and Kyle Rausch. Item #5c - Prairie Hills LLC has submitted a petition to rezone Block 20 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District (Drew/Pierce) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5c – This rezone will clean up split zoning on this parcel. This Block will now be Residence R- 3 apartment district. The meeting adjourned at 6:23 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Prairie Hills LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Block 20 in Prairie Hills Addition, An Addition to the City of Brookings, Brookings County, South Dakota The request is to rezone the above from Business B-2 district to Residence R-3 apartment district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 2, 2021, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 22nd day of October, 2021. Ryan Miller City Planner NOTICE OF PUBLIC HEARING Ordinance 21-040 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, December 14, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21 -040, to rezone Block 20 in Prairie Hills Addition from B-2/R-3 to Residence R-3 Apartment District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 30th day of November, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . Area Map 297 ft Zo ning Ma p 297 ft Urban Medium Open Wetland Parks Parks Parks Open Wetland Open Wetland Urban Medium Urban Medium Urban Low Urban Low Urban Low Res LD Res MD Res MD Res HD Res HD Res HD Future Land Use Map Brookings County, Esri Canada, Esri, HERE, Garmin, INCREMENT P, October 24, 2021 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 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 21-041,Version:2 Public Hearing and Action on Ordinance 21-041, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Summary: Prairie Hills LLC has submitted a request to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5- 0 recommending approval. Attachments: Memo Ordinance Planning Commission Minutes Legal Notice - Planning Commission Legal Notice - City Council Application Area Map Zoning Map Future Land Use Map City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 23, 2021 / December 14, 2021 Subject: Ordinance 21-041: request to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District Presenter: Mike Struck, Community Development Director Summary: Prairie Hills LLC has submitted a request to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Background: The property is part of a larger B-2 Zoning District near the intersection of Main Avenue South and 20th Street South. The broader B-2 District has been planned for future commercial development to serve the Prairie Hills Addition development as well as other residential growth in southern Brookings. A majority of the larger B-2 District will retain its current zoning. Item Details: Lot 2, Block 19 is a proposed 4.3-acre lot situated along a future portion of Sweetgrass Drive. The lot will be adjacent to B-2 zoning to the west, north and east. Existing R-3 zoning will be located to the south across a wetland tract. The Future Land Use Map classifies this area as Medium Density Residential (MDR) which supports residential uses up to 12-units per acre. Higher density on Lot 2, Block 19 would be supported due to the average development density of Prairie Hills Addition which includes lower density development to the south and east. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the rezoning would provide an opportunity for multi-family housing. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 5-0 recommending approval of the rezone. Supporting Documentation: Memo Ordinance Planning Commission Minutes Legal Notice - Planning Commission Legal Notice – City Council Application Area Map Zoning Map Future Land Use Map Ordinance 21-041 An Ordinance to Change the Zoning Within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lot 2 in Block 19 of Prairie Hills Addition to the City of Brookings, Brookings County, South Dakota from Business B-2 District to Residence R-3 Apartment District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: November 23, 2021 Second Reading and Adoption: December 14, 2021 Published: December 17, 2021 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota November 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, November 2, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Lee Ann Pierce, Roger Solum, and Jorgenson. Absent were Tanner Aiken, Justin Borns, and Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Jacob Mills, and Kyle Rausch. Item #5b - Prairie Hills LLC has submitted a petition to rezone Lot 2, Block 19 in Prairie Hills Addition from B-2 District to Residence R-3 Apartment District. (Fargen/Solum) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b – This request is to rezone to a Residence R-3 Apartment District from a B-2 Zoning district near Main Ave S and 20th Street South. The lot will be adjacent to B-2 zoning to the west, north and east. The meeting adjourned at 6:23 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Prairie Hills LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 2 in Block 19 in Prairie Hills Addition, An Addition to the City of Brookings, Brookings County, South Dakota The request is to rezone the above from Business B-2 district to Residence R-3 apartment district. NOTICE IS FURTHER GIVEN t hat said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 2, 2021 , in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 22nd day of October, 2021. Ryan Miller City Planner NOTICE OF PUBLIC HEARING Ordinance 21-041 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, December 14, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21 -041, to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B -2 District to Residence R-3 Apartment District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 30th day of November, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . Area Map 297 ft Zo ning Ma p 297 ft Urban Medium Open Wetland Parks Parks Parks Open Wetland Open Wetland Urban Medium Urban Medium Urban Low Urban Low Urban Low Res LD Res MD Res MD Res HD Res HD Res HD Future Land Use Map Brookings County, Esri Canada, Esri, HERE, Garmin, INCREMENT P, October 24, 2021 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 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 21-108,Version:1 Public Hearing and Action on Resolution 21-108, a Resolution of Intent to Lease Real Property to LNJ Farms in the Wiese and Freeland Additions. Summary: The City awarded a contract to LNJ Farms, Lyle Bothe owner, on November 23, 2021 to lease 10 acres of crop land in the Freeland Addition and 30 acres of crop land in the Wiese Addition for the bid price of $180.00 per acre. This resolution will allow the City to enter into a lease with LNJ Farms, Lyle Bothe owner, for the City Crop Lease for 2022 with the option to renew for one additional year in 2023. Recommendation: Staff recommends approval. Attachments: Memo Resolution Legal Notice Map City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: December 14, 2021 Subject: Resolution 21-108: Intent to Lease Real Property to LNJ Farms, Lyle Bothe, owner, in the Wiese and Freeland Additions Person(s) Responsible: Mike Struck, Community Development Director Summary: This resolution will allow the City to enter into a contract with LNJ Farms, Lyle Bothe, owner, for the City Crop Lease in the Wiese Addition and Freeland Addition for 2022 with the option to renew for one additional year for 2023. Background: The City awarded a contract to LNJ Farms on November 23, 2021 to lease 10 acres of crop land in the Freeland Addition and 30 acres of crop land in the Wiese Addition for the bid price of $180.00 per acre. The City leases the property for crop operations which provides for extra income for the City as well as provides for weed control. Item Details: A public hearing is required as per SDCL 9-12-5.2 to lease to a private person: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was published as required. Approval of the resolution authorizes the City Manager to execute a lease agreement with LNJ Farms. Legal Consideration: None. Strategic Plan Consideration: The crop lease furthers the strategic initiative of financial responsibility, whereby the City receives revenue from the lease. The person providing the crop lease also provides weed control, thereby saving City staff and expenses for the weed control operations. Financial Consideration: The City will enter into a one-year contract for 2022 with LNJ Farms for the high bid of $180.00 per acre for 40 acres resulting in the annual payment of $7,200.00. The contract may be renewed for one additional term for 2023. 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. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Legal Notice Map Resolution 21-108 Resolution of Intent to Lease Real Property To LNJ Farms, Lyle Bothe, owner, in the Wiese and Freeland Additions Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with LNJ Farms, Lyle Bothe, owner, for a period of one year, commencing on January 1, 2022 and ending December 31, 2022, and the Bidder may have the option to renew this Lease for one additional year for 2023. This lease pertains to the following described property: The designated crop land of thirty (30) acres more or less in Block 9 of the Wiese Addition and the designated crop land of ten (10) acres more or less in Block 10 of Freeland Addition in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Hundred Eighty Dollars ($180.00) per acre for crop land annually, payable first half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on December 14, 2021 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 14th December, 2021. CITY OF BROOKINGS _____________________________ Oepke G. Neimeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Notice of Public Hearing on Adoption of Resolution of Intent To Lease Real Property in the Wiese and Freeland Additions to LNJ Farms Notice is Hereby given that on Tuesday, December 14, 2021, at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers, Brookings County & Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to LNJ Farms the following property: The designated farmland of thirty acres more or less in Block 9 of Wiese Addition, and ten acres more or less in Block 10 Freeland Addition, in the City of Brookings, Brookings County, South Dakota. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above described property to LNJ Farms. Dated this 3rd day of December, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting." Published ___ time(s) at an approximate cost $___________. I 29I 29US HWY 14 BYPRAMP 32ND AVERAMPBlock 10 Freeland Addn. 10 Acres +/- Freeland Addition Land Lease Map I 29RAMP6TH ST LEFEVRE DRI 2932ND AVE6TH STRAMP CAPITAL ST Block 9, Wiese Addition 30 Acres +/- Wiese Addition Land Lease Map 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 21-110,Version:1 Public Hearing and Action on Resolution 21-110, a Resolution of Intent to Lease Real Property to MC Hay, Mike Erickson and Corey Granum, owners, for Hay Lease at Brookings Regional Airport. Summary: This resolution will allow the City to enter into a contract with MC Hay for the 2022 Hay Lease at the Brookings Regional Airport. Recommendation: Staff recommends approval. Attachments: Memo Resolution Legal Notice Map City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Matthew Sommerfeld, Airport Manager Council Meeting: December 14, 2021 Subject: Resolution 21-110: Resolution of Intent to Lease Real Property to MC Hay, Mike Erickson and Corey Granum, owners, for Hay Lease at Brookings Airport Presenter: Charlie Richter, City Engineer Summary: This Resolution will allow the City to enter into a contract with MC Hay for the 2022 Hay Lease at the Brookings Regional Airport. Background: The City awarded a contract to MC Hay on November 23,2021 to lease 314 acres of hay land in Sections, 26, 27 and 28 T110N, R50W, which is shown on the enclosed map. The City leases the property of haying operations which provides extra income for the City as well as provides for weed control. A public hearing is required as per SDCL 9-12-5.2 to lease to a private person. 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. Item Details: The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter into a lease agreement with MC Hay for one-year lease for 314 acres at the awarded contract price of $91.33 per acre, with the option to renew for one additional year at the same rate. Legal Consideration: The City Attorney has reviewed the contract. Strategic Plan Consideration: The hay lease furthers the strategic initiative of financial responsibility, whereby the City receives revenue from the lease. The person providing the hay lease also provides weed control, thereby saving City staff and expenses for the weed control operations. Financial Consideration: The City will receive $28,677.62 in revenue in 2022 and potentially 2023. 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. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Legal Notice Map Resolution 21-110 Resolution of Intent to Lease Real Property to MC Hay, Mike Erickson and Corey Granum, owners, for Hay Lease at Brookings Regional Airport Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with MC Hay for a period of one (1) year, commencing on January 1, 2022 and ending December 31, 2022, with the option to renew for one (1) additional year (2023) and pertaining to the following described property: The designated hayland on the Brookings Regional Airport, three hundred and fourteen (314) acres more or less in Sections 26, 27, and 35, T110N, R50W, in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of $91.33 per acre, $28,677.62 annually, for the hayland, with the first half payable on July 1 and the remaining half on November 1 of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on December 14, 2021 at 6:00 o’clock P.M. in the Chambers at the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 14th day of December, 2021. CITY OF BROOKINGS ______________________________ Oepke G. Neimeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Notice of Public Hearing on Adoption of Resolution of Intent To Lease Real Property To MC Hay, Mike Erickson and Corey Granum owners Notice is Hereby given that on Tuesday, December 14, 2021, at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers, Brookings County & Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to MC Hay the following property: The designated hay land on the Brookings Regional Airport, Three hundred fourteen (314) acres more or less in Sections 26, 27 and 28, T110N, R50W in the City of Brookings, Brookings County, South Dakota. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above described property to MC Hay. Dated this 3rd day of December, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ___ time(s) at an approximate cost $___________. tetetexttexttexttextte xttext3RD STDE E R L N3RD ST S4TH ST S1ST ST SC RYS T AL R I D G E R D8TH ST SW 1 6 T H AVE10TH ST WW 2ND ST SRAILROAD STW E S T ERN A V E DIV I S I O N A V EFRONT STFRONT ST4TH STW E S T E R N A V E S WES TER N A V E SO N AKA TR L W 6TH STHENRY AVEHENRY AVE 7TH ST1 S T AVE S 5THST S2 N D AVEMAIN A V ERD AVE MA I N A V E S WILSON AVE R E GENCY CTREGENCY CTW 8TH ST SW 8TH ST S1 S T A V E5TH AV E 5TH ST8TH ST W2ND ST SW US HW Y 14W 1 6 T H A V E S6TH ST 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 21-0577,Version:1 Public Hearing and Action on a Temporary Alcohol Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 5, 2022, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. Summary: St. Thomas More has applied for a temporary alcohol license to hold a fundraising event on February 5, 2022 at their facility located at 1700 8th Street South. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice SDCL References City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: December 14, 2021 Subject: Temporary Alcohol License Presenter: Bonnie Foster, City Clerk Summary: A Temporary Alcohol Application has been received from St. Thomas More Catholic School, for the Annual Winter Gala and Grand Auction. This fundraising event will be held on February 5, 2022 at 1700 8th Street South. Background: A public hearing and City Council action is required on all Temporary Alcohol Applications in which the person applying does not hold an on -sale alcoholic beverage license. Item Details: St. Thomas More Catholic School Annual Winter Gala and Grand Auction to be held on February 5, 2022 at 1700 8th Street South. This fundraising event will be held virtually, with all items housed at the Church. Legal Consideration: All required documentation has been reviewed by City Attorney Steve Britzman. Strategic Plan Consideration: Service and Innovation Excellence – This temporary alcohol application allows for excellence in operations. Financial Consideration: As this is a Special Event Alcoholic Beverage License for an educational and charitable event, the $50 fee is waived as per Resolution 15-066. 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. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Legal Notice SDCL References Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, December 14, 2021, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 5, 2022, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 3rd day of December, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . SD State Codified Law Reference SDCL 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1. SDCL 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source: SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107 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 21-0587,Version:1 Public Hearing and Action on a request for Video Lottery for MG Oil, dba Corner Pantry #19, 921 20 th Street South. Legal description: Lot 7B, Block 13, McCleman’s Addition. Pending permit issuance and final inspection per the Community Development Department. Summary: The City of Brookings has received a request for Video Lottery for MG Oil, dba Corner Pantry #19, 921 20th Street South. Legal description: Lot 7B, Block 13, McCleman’s Addition. All required documents have been submitted. 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 City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: December 14, 2021 Subject: Video Lottery Request for Corner Pantry #19 Presenter: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for MG Oil, dba Corner Pantry #19, 921 20th Street South. Legal description: Lot 7B, Block 13, McCleman’s Addition. All required documents have been submitted. Pending permit issuance and final inspection per the Community Development Dept. Background: Previous action was taken and approved by the City Council on 8/24/2021 to allow for video lottery at the Corner Pantry #19 location, with the Video Lottery request being tied to the On-Off Sale Wine License. 8/24/2021 City Council Meeting Minutes: “Video Lottery Request – Corner Pantry #19. A public hearing was held on a request for Video Lottery for MG Oil, dba Corner Pantry #19, 921 20th Street South. Legal description: Lot 7B, Block 13, McCleman’s Addition. Pending permit issuance and final inspection per the Community Development Department. A motion was made by Council Member Brink, seconded by Council Member Wendell, that the Video Lottery Request be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.” The owner, MG Oil, would like to change the location of Suite B for Video Lottery within Corner Pantry #19 from what was approved on 8/24/2021. The change in the Suite B location is from the SE side of the business to the NW side of the business, allowing for space for 10 video lottery machines, instead of the original 7. The Depot Casino at this location currently has an On-Off Sale Malt License with 10 video lottery machines. Corner Pantry #19 currently has an On-Off Sale Wine License which will fulfill the alcohol license requirement in which to allow for Video Lottery Machine placement. A public hearing and action by the local governing body is required. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the application would be forwarded to the State Lottery Office for final action and issuance of the license, and would then be subject to annual renewal processes. Item Details: MG Oil Company, dba Corner Pantry #19, has applied for a Video Lottery request for 10 machines at the 921 20th Street South location. This video lottery will be associated with the On-Off Sale Wine License at this location. Any licenses approved would be effective pending occupancy permit issuance and final inspection of the property per the Community Development Department. This location will undergo some remodeling in order to add a space for Video Lottery. 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 this separately described premises. Their plan indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at this location within the building. This would comply with the video lottery requirements. 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 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 Attorney Steve Britzman has reviewed the application. Strategic Plan Consideration: Economic Growth – MG Oil will experience growth in their business with the addition of video lottery 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. Discuss / take no action / table Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery - 2018 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plan Building Plan – approved 2021.08.24 Current Video Lottery List 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 t he 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 – DECEMBER 9, 2021 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 crit eria 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 description, 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 commission 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 accordance 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 Video Lottery Request for Corner Pantry #19 NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 14, 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 Video Lottery for MG Oil Company, dba Corner Pantry #19, 921 20th Street South, Suite B, Brookings, SD. Legal description: Lot 7B, Block 13, McCleman’s 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 3rd day of December, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 403380130000700 Sec/T wp/Rng -- Pr oper ty Address 921 20TH ST S BROOKINGS Alternate ID n/a Class NADC Acreag e n/a Owner Addr ess M G OIL C O MPANY 1180 C REEK DR RAPID C ITY SD 57703 Distr ict 4001 Br ief T ax Descr iption MC C LEMANS ADDN LOT 7B BL K 13 52,520 SF (161.6 X 325)(10,000 SF UNBUIL DABLE) (Note: Not to be used on leg a l documents) Date created: 8/10/2021 Last Data Uploa ded: 8/10/2021 8:08:21 AM 233 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels 102C-STOREEXISTING101VESTIBULEEXISTING105CASINOThe Depot921 20th Street S.Brookings, SDRCMReynolds Construction ManagementI N C O R P O R A T E DTHIS DRAWING AND THE INFORMATION THEREIN IS THE PROPERTYOF REYNOLDS CONSTRUCTION MANAGEMENT INC.ITS USE BY THE HOLDER OR DISCLOSURE TO OTHERS WITHOUTTHE WRITTEN PERMISSION OF REYNOLDS CONSTRUCTIONMANAGEMENT INC. IS PROHIBITED. IT CONTAINS PROPRIETARYAND CONFIDENTIAL INFORMATION OF REYNOLDS CONSTRUCTIONMANAGEMENT INC. REPRODUCTION OF THE MATERIAL HEREINWITHOUT WRITTEN PERMISSION OF REYNOLDS CONSTRUCTIONMANAGEMENT INC. VIOLATES THE COPYRIGHT LAWS OF THEUNITED STATES AND WILL SUBJECT THE VIOLATORS TO LEGALPROSECUTION. COPYRIGHT 2016 BY REYNOLDSCONSTRUCTION MANAGEMENT INC.C-Store Remodel Plan10-13-2021A-318" = 1'-0"1C-Store Remodel PlanNORTH The Depot921 20th Street S.Brookings, SDRCMReynolds Construction ManagementI N C O R P O R A T E DTHIS DRAWING AND THE INFORMATION THEREIN IS THE PROPERTYOF REYNOLDS CONSTRUCTION MANAGEMENT INC.ITS USE BY THE HOLDER OR DISCLOSURE TO OTHERS WITHOUTTHE WRITTEN PERMISSION OF REYNOLDS CONSTRUCTIONMANAGEMENT INC. IS PROHIBITED. IT CONTAINS PROPRIETARYAND CONFIDENTIAL INFORMATION OF REYNOLDS CONSTRUCTIONMANAGEMENT INC. REPRODUCTION OF THE MATERIAL HEREINWITHOUT WRITTEN PERMISSION OF REYNOLDS CONSTRUCTIONMANAGEMENT INC. VIOLATES THE COPYRIGHT LAWS OF THEUNITED STATES AND WILL SUBJECT THE VIOLATORS TO LEGALPROSECUTION. COPYRIGHT 2016 BY REYNOLDSCONSTRUCTION MANAGEMENT INC.Proposed C-Store Floor Plan08-02-2021Sheet 318" = 1'-0"1Proposed Floor PlanNORTH 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 A B C D # Video Business Owner Lottery Machines 1 BP of Brookings, Inc., Suite 1 Lance Park/Dan Park 10 2 BP of Brookings, Inc. Suite 2 Lance Park/Dan Park 10 3 Buffalo Wild Wings Bar & Grill Todd & Susan LaHaise 2 4 Carpy's Pub George Faehnrich 10 5 Casino 2000 Brooks Behrend 10 6 Corner Pantry (MG Oil)MG Oil Co/Marlyn Erickson 10 7 Cubby's Sports Bar & Grill (GDT Inc.)Gus Theodosopoulos 7 8 Danny's David Olson 10 9 The Depot Mike McClemans 10 10 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 11 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 12 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 13 4 Aces Casino (SVK Properties), Suite A Todd Voss 10 14 4 Aces Casino (SVK Properties), Suite B Todd Voss 10 15 4 Aces Casino (SVK Properties), Suite C Todd Voss 10 16 Jim's Tap Don Urquhart 3 17 The Lanes (MG Oil Co. ) MG Oil Co/Marlyn Erickson 10 18 The Lanes (MG Oil Co.), Suite B MG Oil Co/Marlyn Erickson 10 19 The Lanes(MG Oil Co.) , Suite C MG Oil Co/Marlyn Erickson 10 20 The Lodge (Den Wil Hospitality Group, Inc.)Dennis Bielfeldt 3 21 Main Street Pub Garner Hansen 4 22 9 Bar Nightclub (Nine Inc.)Gus Theodosopoulos 5 23 Pints & Quarts Kevin Raab 3 24 PNP Pub (Schoon's Pub Inc.)Schoon's Pub Inc/Jon Schoon 10 25 Ray's Corner (Fergen Enterprises Inc.), Suite A Mike Fergen 10 26 Ray's Corner (Fergen Enterprises Inc.), Suite B Mike Fergen 10 27 Schoon's Pump N' Pak South (Schoon's Properties Inc.)Schoon's Pub Inc/Jon Schoon 10 28 Skinner's Pub Greg & Shari Thornes 9 29 South Main Casino & Pub (SVK Properties, LLC)Todd Voss 10 30 Sully's Irish Pub (B&L Sullivan Inc.)Brennan & Lori Sullivan 7 31 VFW Geo Dokken Post 2118 Darwin Tolzen 3 32 The Wild Hare (Wonder, Inc.)T.Voss, D. Kneip, G. Kneip 10 TOTAL 266 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 21-0596,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Department. Summary: The City of Brookings has received a request for an On-Off Sale Malt License, with video lottery, for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6 th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Proposed Building Plans Location Map City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: December 14, 2021 Subject: On-Off Sale Malt License for Corner Pantry #24, Suite B Presenter: Bonnie Foster, City Clerk Steve Britzman, City Attorney Summary: The City of Brookings has received a request for an On-Off Sale Malt License, with video lottery, for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Background: MG Oil Company, Marlyn Erickson and Troy Erickson, owners, have submitted a request for an application for an On-Off Sale Malt License, with video lottery, for Corner Pantry #24 located at 600 6th Street. This item originally came to the City Council on March 23, 2021. The motion on the On- Off Sale Malt Licensed failed, and the video lottery request was removed from the agenda as the alcohol requirement was denied. City Council Meeting Minutes excerpt March 23, 2021: On-Off Malt License, with Video Lottery. A public hearing was held on a request for an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5 -7, Block 11, Second Addition, Suite B. A motion was made by Council Member Wendell, seconded by Council Member Collins, that the On -Off Malt License be approved. The motion failed by the following vote: Yes: 2 - Wendell, and Tilton Byrne; No: 4 - Corbett, Niemeyer, Bacon, and Collins; Absent: 1 – Brink. Legal Procedure: Following the March 23, 2021 Public Hearing and action on the request for an On -Off Sale Malt Beverage License, legal counsel for MG Oil Company objected to the Hearing procedure. Particularly, objection was made that there was no record made as to the reason or reasons for the denial of the request for the On-Off Sale Malt Beverage License. The City Attorney has determined that there should be a record made in the event a Malt Beverage License is denied. In order to rectify the issue, this Public Hearing and action has been scheduled so that the matter can be fully considered again, and so an appropriate record can be made. Accordingly, it will be appropriate to provide the reasons supporting the individual votes to approve or deny the On-Off Sale Malt Beverage License application. In summary, this Public Hearing and action will be treated as a new application for the On-Off Sale Malt Beverage License, and the action taken will replace the action taken on March 23, 2021 on the original request. MG Oil Company, Marlyn Erickson and Troy Erickson, owners, purchased the business at 600 6th Street in November 2020. A transfer of the existing On-Off Sale Malt License, with video lottery, was approved by the City Council on Novembe r 24, 2020. The owners want to establish an additional On-Off Malt License for Suite B, for the allowance of up to 10 video lottery machines. Approval would allow for 2 On-Off Malt Licenses at this location, with up to 20 video lottery machines. A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective 2022, and is subject to an annual renewal. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the application would be forwarded to the State Department of Revenue for final action and issuance of the licenses, and would then be subject to annual renewal processes. Item Details: MG Oil Company has filed a request for an additional On-Off Sale Malt License, with video lottery, for Suite B, at the 600 6th Street location, allowing up to 10 additional video lottery machines. Any licenses approved would be effective pending occupancy permit issuance and final inspection of the property per the Community Development Department. This location will undergo some remodeling in order to add Suite B, which will utilize the second On-Off Malt License, with 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….shall submit an application to the governing body of the municipality 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…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…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. 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: City Attorney Steve Britzman has been working with MG Oil on this item. Strategic Plan Consideration: Economic Growth – MG Oil would see economic growth in their business with this addition. Financial Consideration: There is a $150 Annual On-Off Malt License renewal fee, as well as a $50/machine annual Video Lottery fee. 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. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Proposed Building Plans Location Map 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 description, 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 License – MG Oil Company dba Corner Pantry #24-B. NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 14, 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 an On-Off Sale Malt License, with Video Lottery, for MG Oil Company dba Corner Pantry #24-B of Brookings, 606 6th Street, Suite B, Brookings, South Dakota, legal description: Lots 5-6-7, Block 11, Second Addition, Suite B. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 3rd day of December, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 405300110000500 Sec/T wp/Rng -- Pr oper ty Address 606 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Addr ess MG OIL C O MPANY 1180 C REEK DR RAPID C ITY SD 57703 Distr ict 4001 Br ief T ax Descr iption SEC OND ADDITION, LOTS 5-6-7, BLK 11 150 X 195 (Note: Not to be used on leg a l documents) Date created: 3/5/2021 Last Data Uploa ded: 3/5/2021 8:04:34 AM 118 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 21-0597,Version:1 Public Hearing and Action on a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Suite B, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Department. Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted. 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 City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: December 14, 2021 Subject: Video Lottery for Corner Pantry #24, Suite B Presenter: Bonnie Foster, City Clerk, and Steve Britzman, City Attorney Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted. Background: MG Oil Company, Marlyn Erickson and Troy Erickson, owners, have submitted a request for video lottery, Suite B, at Corner Pantry #24 located at 600 6th Street. This item originally came to the City Council on March 23, 2021. The motion on the On- Off Sale Malt Licensed failed, and the video lottery request was removed from the agenda as the alcohol requirement was denied. City Council Meeting Minutes excerpt March 23, 2021: On-Off Malt License, with Video Lottery. A public hearing was held on a request for an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5 -7, Block 11, Second Addition, Suite B. A motion was made by Council Member Wendell, seconded by Council Member Collins, that the On -Off Malt License be approved. The motion failed by the following vote: Yes: 2 - Wendell, and Tilton Byrne; No: 4 - Corbett, Niemeyer, Bacon, and Collins; Absent: 1 – Brink. Legal Procedure: Following the March 23, 2021 Public Hearing and action on the request for an On -Off Sale Malt Beverage License, legal counsel for MG Oil Company objected to the Hearing procedure. Particularly, objection was made that there was no record made as to the reason or reasons for the denial of the request for the On-Off Sale Malt Beverage License. The City Attorney has determined that there should be a record made in the event a Malt Beverage License is denied. In order to rectify the issue, this Public Hearing and action has been scheduled so that the matter can be fully considered again, and so an appropriate record can be made. Accordingly, it will be appropriate to provide the reasons supporting the individual votes to approve or deny the On-Off Sale Malt Beverage License application. In summary, this Public Hearing and action will be treated as a new application for the On-Off Sale Malt Beverage License, and the action taken will replace the action taken on March 23, 2021 on the original request. MG Oil Company, Marlyn Erickson and Troy Erickson, owners, purchased the business at 600 6th Street in November 2020. A transfer of the existing On -Off Sale Malt License, with video lottery, was approved by the City Council on November 24, 2020. The owners want to establish an additional Suite B, for the allowance of up to 10 video lottery machines, linked to the additional On-Off Sale Malt License. Approval would allow for 2 On-Off Malt Licenses at this location, with up to 20 video lottery machines. A public hearing and action by the local governing body is required. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the application would be forwarded to the State Lottery Office for final action and issuance of the license, and would then be subject to annual renewal processes. Item Details: MG Oil Company has applied for an additional On-Off Malt License, with video lottery, for Suite B, allowing up to 10 additional video lottery machines at this location. Any licenses approved would be effective pending occupancy permit issuance and final inspection of the property per the Community Development Department. This location will undergo some remodeling in order to add Suite B, which will utilize the second On-Off Malt License, with 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 this separately described premises. Their plan indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at this location 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 this location 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 deve lopment. 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 v ideo 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 20 Video Lottery machines for this location, if approved. Strategic Plan Consideration: Economic Growth – MG Oil would see economic growth in their business with this addition. 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. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo City Attorney Memo on Video Lottery – 2018 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 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 t he 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 – DECEMBER 9, 2021 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 crit eria 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 description, 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 commission 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 accordance 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 License – MG Oil Company dba Corner Pantry #24-B. NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 14, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to reconsider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company dba Corner Pantry #24-B of Brookings, 606 6th Street, Suite B, Brookings, South Dakota, legal description: Lots 5-6-7, Block 11, Second Addition, Suite B. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 3rd day of December, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 405300110000500 Sec/T wp/Rng -- Pr oper ty Address 606 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Addr ess MG OIL C O MPANY 1180 C REEK DR RAPID C ITY SD 57703 Distr ict 4001 Br ief T ax Descr iption SEC OND ADDITION, LOTS 5-6-7, BLK 11 150 X 195 (Note: Not to be used on leg a l documents) Date created: 3/5/2021 Last Data Uploa ded: 3/5/2021 8:04:34 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels # Video Business Owner Lottery Machines 1 BP of Brookings, Inc., Suite 1 Lance Park/Dan Park 10 2 BP of Brookings, Inc. Suite 2 Lance Park/Dan Park 10 3 Buffalo Wild Wings Bar & Grill Todd & Susan LaHaise 2 4 Carpy's Pub George Faehnrich 10 5 Casino 2000 Brooks Behrend 10 6 Corner Pantry (MG Oil)MG Oil Co/Marlyn Erickson 10 7 Cubby's Sports Bar & Grill (GDT Inc.)Gus Theodosopoulos 7 8 Danny's David Olson 10 9 The Depot Mike McClemans 10 10 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 11 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 12 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 13 4 Aces Casino (SVK Properties), Suite A Todd Voss 10 14 4 Aces Casino (SVK Properties), Suite B Todd Voss 10 15 4 Aces Casino (SVK Properties), Suite C Todd Voss 10 16 Jim's Tap Don Urquhart 3 17 The Lanes (MG Oil Co. ) MG Oil Co/Marlyn Erickson 10 18 The Lanes (MG Oil Co.), Suite B MG Oil Co/Marlyn Erickson 10 19 The Lanes(MG Oil Co.) , Suite C MG Oil Co/Marlyn Erickson 10 20 The Lodge (Den Wil Hospitality Group, Inc.)Dennis Bielfeldt 3 21 Main Street Pub Garner Hansen 4 22 9 Bar Nightclub (Nine Inc.)Gus Theodosopoulos 5 23 Pints & Quarts Kevin Raab 3 24 PNP Pub (Schoon's Pub Inc.)Schoon's Pub Inc/Jon Schoon 10 25 Ray's Corner (Fergen Enterprises Inc.)Mike Fergen 10 26 Schoon's Pump N' Pak South (Schoon's Properties Inc.)Schoon's Pub Inc/Jon Schoon 10 27 Skinner's Pub Greg & Shari Thornes 9 28 South Main Casino & Pub (SVK Properties, LLC)Todd Voss 10 29 Sully's Irish Pub (B&L Sullivan Inc.)Brennan & Lori Sullivan 7 30 VFW Geo Dokken Post 2118 Darwin Tolzen 3 31 The Wild Hare (Wonder, Inc.)T.Voss, D. Kneip, G. Kneip 10 TOTAL 256 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 21-117,Version:1 Action on Resolution 21-117, a Resolution Authorizing the Licensing of Deja Vu SD as a Medical Cannabis Dispensary in the City of Brookings. Summary: City Staff requests City Council Action on a Medical Cannabis Application received from Déjà vu SD for a Dispensary to be located as 604 1st Avenue. Recommendation: Staff recommends approval. Attachments: Memo Resolution Application Location Map Ordinance 21-028 City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: December 14, 2021 Subject: Medical Cannabis Application from Déjà vu SD Presenter: Bonnie Foster, City Clerk Summary: City Staff requests City Council Action on a Medical Cannabis Application received from Déjà vu SD for a Dispensary to be located as 604 1 st Avenue. Background: As stated in Ordinance 21-028, an Ordinance Establishing Procedures for the Licensing of Medical Cannabis Dispensaries in the City of Brookings, Section 12, Application review process states: a. Upon receipt of a complete application, the City Manager or their representative shall review the application to determine whether the application is in compliance with the City’s ordinances. No license will be approved until the City Manager or their representative has conducted an inspection of the proposed premises to determine compliance of the proposed medical cannabis dispensary with all applicable requirements of this ordinance, and with the plans and application submittals. The City Manager or their representative shall reject any application that does not meet the requirements of this ordinance or that contains any false, misleading or incomplete information. b. Within thirty (30) days after the completion of the review of the application, the City Council shall approve or deny the license application provided the City Manager or their representative has determined that all requirements for a medical cannabis dispensary license have been satisfied. The City Clerk or their representative shall provide the reason(s) for denial of the license by first class mail to the applicant at the address provided in the application. c. If approved, the City Clerk or their representative shall issue to the applicant a cannabis license, which shall include the date of issuance, the term of the license, the name of the licensee and the physical address of the licensed premises. Item Details: City Staff, City Attorney, and Bill Efting, Cannabis Consultant, has reviewed the Medical Cannabis Application received from Deja vu SD. Updated: March 2021 The application is complete, with proof of possession of the property, by deed or purchase agreement confirmed. The site location, 604 1st Ave., meets zoning requirements, with some concerns to avoid disturbing the neighboring residence. An inspection of the facility prior to opening and after remodeling will be necessary. Once the Establishment Certificate is issued by the State, the City will complete a full inspection of the facility due to the many items to be installed, remodeled, etc. Staff will need to verify their facility and plan is consistent with the plan per their application. Legal Consideration: City Attorney Steve Britzman has reviewed the application, Purchase Agreement and attachments, and has determined that the Application and attachments satisfy the requirements for a Medical Cannabis License, with the License subject to City inspection prior to operation. Strategic Plan Consideration: Economic Growth – establishment of a Medical Cannabis Dispensary will result in economic growth for the community. Financial Consideration: As set in Resolution 21-075: Medical Cannabis Application Fee of $5,000 Medical Cannabis Establishment License Fee of $5,000 Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Application Location Map Ordinance 21-028 Resolution 21-117 A Resolution Authorizing the Licensing of Deja Vu SD as a Medical Cannabis Dispensary in the City of Brookings Whereas, Deja VU SD submitted an Application and Application Fee for a Medical Cannabis Dispensary License to the City of Brookings; and Whereas, the City of Brookings has reviewed the Deja VU SD Medical Cannabis Dispensary License Application and has determined that the Application satisfies the requirements of Ordinance 21-028, an Ordinance Establishing Procedures for the Licensing of Medical Cannabis Establishments in the City; Now, Therefore, Be It Resolved as follows: (1) That a City of Brookings Medical Cannabis Dispensary License be issued to Deja VU SD, subject to an inspection by the City of Brookings prior to Deja VU SD commencing operations; and (2) That an inspection of Deja VU SD’s facilities and review of their operational plans be completed by the City Manager or his authorized representative(s) following completion of their facility and prior to operation, with operation contingent upon satisfactory inspection results; and (3) That a City of Brookings Medical Cannabis Program Licensing Certification and South Dakota Medical Cannabis Program Local Government Compliance Certification be issued by the City Clerk; and (4) That the South Dakota Department of Health be furnished all documents pertaining to the Deja VU SD Application and City of Brookings Medical Cannabis Dispensary License. Passed and approved on the 14th day of December, 2021. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk B rook ings County, SD Developed by Date created: 12/8/2021 Last Data Uploa ded: 12/8/2021 8:10:37 AM 109 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 1 Ordinance 12-028 An Ordinance Establishing Procedures for the Licensing of Medical Cannabis Establishments in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: MEDICAL CANNABIS ESTABLISHMENT LICENSING ORDINANCE TABLE OF CONTENTS Page Section 1. Purpose and intent. 3 Section 2. Definitions. 3 a. Advertise, advertising or advertisement 3 b. Applicant 3 c. Cannabis products 3 d. Cardholder 3 e. Disqualifying felony offense 4 f. Initial application 4 g. License 4 h. Licensed premises 4 i. Licensee 4 j. Local licensing authority 4 k. Medical cannabis or cannabis 4 l. Medical cannabis code 4 m. Medical cannabis cultivation facility 4 n. Medical cannabis testing facility 4 o. Medical cannabis manufacturing facility 5 p. Medical cannabis dispensary or dispensary 5 q. Medical cannabis establishment 5 r. Registry identification card 5 Section 3. Other laws/administrative rules. 5 Section 4. Authority. 5 Section 5. Medical cannabis license required. 6 Section 6. Term of license; renewal. 6 Section 7. License transfers 6 2 MEDICAL CANNABIS ESTABLISHMENT LICENSING ORDINANCE TABLE OF CONTENTS (Cont.) Page Section 8. License application. 6 Section 9. Application fee. 6 Section 10. Annual license fee. 6 Section 11. Additional permits and licenses. 7 Section 12. Application review process. 7 Section 13. Inspections. 7 Section 14. Effect of City’s issuance of a medical cannabis establishment 8 license. Section 15. Annual license fee non-refundable. 8 Section 16. Requirements of medical cannabis establishment licensees. 8 Section 17. Facility standards for medical cannabis dispensaries. 8 Section 18. Medical cannabis dispensary rules of operation. 9 Section 19. License revocation and penalties. 9 Section 20. No City liability; indemnification; no defense. 10 Section 21. Signage and advertising. 10 Section 22. Compliance with other applicable laws and rules. 10 Section 23. Suspension or revocation of license; imposition of fines. 10 Section 24. License renewals; expiration of license. 11 Section 25. Change of location. 11 Section 26. Penalties. 12 3 I. Section 1. Purpose and intent. The purpose of this ordinance is to implement medical cannabis licensing requirements in a manner consistent with SDCL Chapter 34 -20G and Article 44:90 of the South Dakota Administrative Rules, to protect the health, safety and welfare of the public and qualifying patients by prescribing the manner in which medical cannabis establishments can be conducted within the City. Further, the purpose and intent of this ordinance is to: a. Protect public health and safety through reasonable regulation of medical cannabis establishments as they relate to neighborhoods, patient safety, security for medical cannabis dispensaries and their personnel, and other health and safety concerns. b. Impose fees to cover the direct and indirect costs to the City of licensing and regulating medical cannabis establishments. Nothing in this ordinance is intended to promote or condone the sale, distribution, possession or use of marijuana in violation of any applicable law. Section 2. Definitions. The following words and phrases, when used in this ordinance, shall have the meanings provided in this ordinance. In addition to the definitions contained in this ordinance, other terms used in th is ordinance shall have the meanings provided in South Dakota Codified Law Title 34, Chapter 20G, Section 1, SDCL § 22- 42-1 (Controlled Substances and Marijuana, Definitions), and Article 44:90 of the South Dakota Administrative Rules, and such definitions are hereby incorporated into this ordinance by reference. Advertise, advertising or advertisement means the act of drawing the public's attention, whether through print, signs, telephonic, electronic, wireless or digital means, to a medical cannabis establishment in order to promote the sale of medical cannabis by a dispensary. Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this ordinance. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Cannabis products shall mean any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures. Cardholder shall mean any person who has been issued and possesses a valid registry identification card pursuant SDCL Chapter 34 -20G. 4 Disqualifying felony offense shall mean a crime that was classified as a felony in the jurisdiction where the person was convicted. Initial application shall mean the first application filed for a medical cannabis establishment. License shall mean to grant a license pursuant to this ordinance. Licensed premises shall mean the premises specified in an application for a license pursuant to this ordinance that is owned by or in possessio n of the licensee and within which the licensee is authorized to operate a cannabis cultivation facility, a cannabis testing facility, a cannabis manufacturing facility or a cannabis dispensary which distributes or sells medical cannabis in accordance with the provisions of South Dakota Codified Law Chapter 34-20G. Licensee shall mean any person or business entity that has been issued and holds a valid, current license pursuant to this ordinance. If the licensee is an entity and not a natural person, licensee shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Local licensing authority shall mean the City of Brookings. Medical cannabis or cannabis shall mean cannabis as defined in Article 44:90 of the Administrative Rules of South Dakota and as used in SDCL Chapter 34-20G. Medical cannabis code shall mean SDCL Chapter 34-20G, as the same may be hereafter amended, and any other rules or regulations promulgated thereunder, including Article 44:90 of the Administrative Rules of South Dakota and as used in SDCL Chapter 34-20G. Medical cannabis cultivation facility shall mean an entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment. Medical cannabis testing facility shall mean an independent entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G to analyze the safety and potency of cannabis. Medical cannabis product manufacturing facility shall mean an entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, manufactures, delivers, 5 transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary. Medical cannabis dispensary or dispensary shall mean the entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G and licensed by the City pursuant to this ordinance that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. Medical cannabis dispensary does not include a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a recreational cannabis dispensary. Medical cannabis establishment shall mean a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary as those terms are defined in SDCL§ 34- 20G-1. Registry identification card shall mean a document issued by South Dakota Department of Health that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34 -20G-29 to 34- 20G-42, inclusive. Section 3. Other laws/administrative rules. If the State of South Dakota adopts any stricter regulation governing a medical cannabis establishments than as set forth in this ordinance, the stricter regulation shall control the establishment or operation of any medical cannabis establishment in the City. The Administrative Rules of South Dakota set forth in Article 44:90 and pertaining to medical cannabis are incorporated by reference and are made a part hereof. A licensee shall be required to demonstrate, upon demand by the City, or by law enforcement officers, that the source and quantity of any cannabis located upon the licensed premises are in full compliance with the applicable laws of the State and City. If the State prohibits the cultivation, manufacturing, testing or sale or other distribution of medical cannabis in any respect, any license issued for any prohibited activity under this Section shall be deemed immediately revoked by operation of law. The issuance of any license pursuant to this ordinance shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana. Section 4. Authority. The City Council shall have the authority pursuant to the SDCL Chapter 34-20G and this ordinance to grant or deny licenses. Authorized representatives of the City of Brookings shall have the authority to inspect the premises of a medical cannabis establishment to confirm compliance with all licensing requirements. 6 Section 5. Medical cannabis license required. It shall be unlawful for any person to operate a medical cannabis establishment within the jurisdictional limits of the City without first having obtained a medical cannabis establishment license to operate pursuant to the provisions of this ordinance, having a validly issued medical cannabis establishment registration certificate in good standing from the State, and having paid all applicable fees. Such license and registration certificate shall be kept current at all times, and failure by a licensee to maintain a current medical cannabis establishment license shall constitute a violation of this ordinance. Section 6. Term of license; renewal. Each medical cannabis establishment license issued by the City shall be effective upon issuance, however a Certificate of Registration issued by the State of South Dakota shall be required before a licensee may conduct business as a medical cannabis establishment in the City. Each medical cannabis license shall terminate on the last day of each calendar year. Renewal applications shall be filed at least 30 days prior to the expiration date of the existing license. Section 7. License transfers. An application for the transfer of a medical cannabis license to a different physical location or to another person or business entity shall include all information required by the South Dakota Administrative Rules under Administrative Rule 44:90:03:01. Section 8. License application. An application for a medical cannabis establishment license or to renew a license previously issued under this ordinance shall be submitted to the City on forms provided by the City Clerk for such purposes and shall include the following information: a. The name, address, and date of birth of each owner, shareholder, LLC member, partner and manager, principal officer, and board members of the proposed medical cannabis establishment; b. Documentation reflecting the applicant’s right to possess the proposed licensed premises for the proposed use; c. A site plan reflecting the boundaries of the proposed licensed premises; d. A description of safety and security measures reflecting compliance with the City and State’s operating requirements as required by the Administrative Rule 44:90:03:02; and e. Any other additional information requested by the City Council deemed necessary for the City to evaluate the application. Section 9. Application fee. At the time an applicant files an application for a medical cannabis establishment license, the applicant shall pay a non -refundable application fee to the City in an amount established by resolution of the City to defray the costs incurred by the City for processing the application. Section 10. Annual license fee. Within thirty (30) days of receiving a medical cannabis establishment registration certificate from the State of South Dakota pursuant to SDCL Chap. 34-20G, the licensee shall pay to the City an annual license fee in an amount 7 established by resolution of the City. The annual license fee is in addition to the initial application fee required pursuant to Section 9. The annual license fee shall be paid on the basis of a calendar year regardless of the date of license issuance, and no proration or discount shall be given. Section 11. Additional permits and licenses. A license issued pursuant to this ordinance is in addition to and does not eliminate the need for the licensee to obtain any zoning-related permits or building permits required by the Brookings Code of Ordinances. Section 12. Application review process. a. Upon receipt of a complete application, the City Manager or their representative shall review the application to determine whether the application is in compliance with the City’s ordinances. No license will be approved until the City Manager or their representative has conducted an inspection of the proposed premises to determine compliance of the proposed medical cannabis establishment with all applicable requirements of this ordinance, and with the plans and application submittals. The City Manager or their representative shall reject any application that does not meet the requirements of this ordinance or that contains any false, misleading or incomplete information. b. Within thirty (30) days after the completion of the review of the application, the City Council shall approve or deny the license application provided the City Manager or their representative has determined that all requirements for a medical cannabis establishment license have been satisfied. The City Clerk or their representative shall provide the reason(s) for denial of the license by first class mail to the applicant at the address provided in the application. c. If approved, the City Clerk or their representative shall issue to the applicant a medical cannabis establishment license, which shall include the date of issuance, the term of the license, the name of the licensee and the physical address of the licensed premises. d. The City will not issue a medical cannabis establishment license until all information required of the applicant has been su bmitted, and the applicant: i. Has submitted a complete application; ii. Is prepared to operate the establishment with the owners and managers as set forth in the application, all in compliance with this ordinance and any other applicable law, rule or regulation; and iii. Has paid all fees. Section 13. Inspections. During the review of the medical cannabis establishment license application, and at all reasonable times after a medical cannabis establishment license is issued, the City Manager or their representative may make any reasonable inquiries and inspections at reasonable times of the medical cannabis establishment to determine if the premises meets or continues to meet the requirements of City ordinances and State statutes. It shall be a violation of this ordinance and grounds for revocation of any license issued hereunder for a licensee to fail to provide supplemental information or refuse inspections by the City Manager or their representative. 8 Section 14. Effect of City’s issuance of a medical cannabis establishment license. If approved, the City’s issuance of a license shall be subject to automatic termination if: a. The licensee does not receive or fails to qualify for the State registration certificate required under SDCL Chapter 34-20G; or b. The licensee fails to pay the annual license fee to the City within thirty (30) days of the issuance of the State registration certificate in accordance with this ordinance. No licensee may engage in the sale of cannabis products unless the licensee holds a current State registration certificate and a City of Brookings medical cannabis establishment license. Section 15. Annual license fee non-refundable. If a license is revoked pursuant to the provisions of this ordinance, the annual license fee shall not be refunded. Section 16. Requirements of medical cannabis establishment licensees. A medical cannabis establishment licensee is subject to the following requirements: a. A licensee shall be prohibited from employing any employee under twenty-one (21) years of age; b. In accordance with SDCL § 34-20G-67, a medical cannabis establishment shall not share office space with or refer a patient to a practitioner; c. In accordance with SDCL § 34-20G-68, a medical cannabis establishment shall not permit any person to consume cannabis upon the property of the licensed premises; d. A licensed premises may only be located within a zoning district which permits a medical cannabis establishment as a permitted use; e. The licensed premises shall be located no less than one thousand feet (1,000') of a public or private school existing before the date of the medical cannabis establishment application, and shall comply with any other buffer zone requirements set forth in the zoning ordinances of the City. Distances shall be measured from the closest point of the property lines including public rights of way; f. The licensed premises shall not be located within any building containing a dwelling unit, a pediatrician’s office, hotel, motel or lodging facility. Section 17. Facility standards for medical cannabis dispensaries. A medical cannabis dispensary shall be maintained in accordance with the following facility standards: a. It shall be unlawful to operate a medical cannabis dispensary outside of an enclosed building which is capable of being locked. All medical cannabis dispensary licenses shall be issued for a specific fixed location within an enclosed building. b. The facility shall have locked display cases only accessible to staff during business hours. The facility shall have a locked vault or storage cage in which all 9 cannabis and cannabis products shall be stored during hours the dispensary is closed. c. The facility shall conform to the prevailing building and fire codes adopted by the City of Brookings. d. All exterior entrances and exits and all parking a reas shall be lighted at all times after dark. e. Security cameras which comply with the South Dakota Administrative Rules for Medical Cannabis Dispensaries are required. The camera system shall securely store camera footage for no less than thirty (30) days. f. The facility shall have a functional commercial alarm system triggered by the press of a button, by the breaking of glass, and by forcing open a locked door. Section 18. Medical cannabis dispensary rules of operation. Each dispensary shall be operated only in accordance with the following rules: a. A medical cannabis dispensary shall be operated and maintained in accordance with Administrative Rule 44:90:03:02, which provides the operating procedures for all medical cannabis establishment application submittals filed with the South Dakota Department of Health. b. Each dispensary shall be operated and maintained in accordance with the dispensary requirements and facility standards set forth in this ordinance and all other applicable City ordinances, State laws and State administrative rules. c. No person shall be allowed entry into the dispensary without showing a valid picture identification. d. A medical cannabis dispensary shall be ventilated so that the odor of cannabis or cannabis products cannot be detected by a person with a normal sense of smell outside the medical cannabis dispensary or on any adjoining property. e. All sales of medical cannabis shall be made in person, directly to the purchaser, within the medical cannabis dispensary. Sales shall occur only in person to the purchaser at the time of purchase within the medical cannabis dispensary. No drive up windows or other similar delivery process shall be allowed. f. No medical cannabis dispensary shall distribute or allow the distribution of any medical cannabis without charge within a medical cannabis dispensary or at any other place for purposes of promotion, advertising or any other purpose. Section 19. License revocation and penalties. a. Any medical cannabis establishment license may be revoked or suspended in accordance with this ordinance. b. Any person operating a medical cannabis establishment without a license is subject to a civil fine of up to two hundred dollars ($200.00). Each day a medical cannabis establishment is operated without a license shall constitute a separate offense. c. Operating a medical cannabis establishment without a license shall be deemed a public nuisance and subject to abatement as a public nuisance. Such nuisance may be abated in any manner permitted by ordinance or o ther applicable law, including, but not limited to an action for injunctive relief. 10 d. A medical cannabis establishment license is subject to suspension if a licensee or any of its employees or agents has been convicted of selling a cannabis product to any person under the age of twenty-one (21) or sells a cannabis product in a manner which violates any medical cannabis law or ordinance. Section 20. No City liability; indemnification; no defense. a. By accepting a license issued pursuant to this ordinance, the licensee waives any claim concerning, and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers of the licensee for a violation of State or federal laws, rules or regulations. b. By accepting a license issued pursuant to this ordinance, all licensees, jointly and severally if more than one, agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical cannabis establishment that is the subject of the license. All owners of a medical cannabis establishment shall sign the license application forms and indemnification and waiver and release forms. c. The issuance of a license pursuant to this section shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under State or federal law for the cultivation, possession, sale, distribution or use of marijuana. Section 21. Signage and advertising. All exterior signage associated with a medical cannabis dispensary must comply with the zoning ordinances of the City and the Administrative Rules of the State of South Dakota. Section 22. Compliance with other applicable laws and rules. Except as may be otherwise provided in this ordinance, any law or regulation adopted by the State governing the cultivation, production, possession, or distribution of medical cannabis use shall also apply to medical cannabis establishments licensed within the City. Accordingly, the South Dakota Administrative Rules set forth in Article 44:90 are incorporated in this ordinance by reference. Section 23. Suspension or revocation of license; imposition of fines. The grounds for suspension or revocation of a medical cannabis establishment license and the procedures for such suspension or revocation shall be as provided in State law. In addition thereto, a violation of any of the provisions of this ordinance or any State law or regulation related to licensing or operation of a medical cannabis establishment shall be grounds for suspension or revocation of a City medical cannabis establishment license, subject to notice and hearing. 11 Section 24. License renewals; expiration of license. a. Renewal of License. The licensee shall apply for renewal of the medical cannabis establishment license at least 30 days prior to the expiration of the license (December 31st of each year). If the Applicant files for renewal less than 30 days prior to the expiration date, then the City may process the renewal application if the Applicant submits a late filing fee in an amount established by resolution of the City at the time of submission of the renewal application. (1) The renewal license fee, and late fee, if applicable, shall accompany the renewal application. Such fees are nonrefundable. (2) In the event there have been any changes in the location of the premises submitted, the renewal application shall identify the proposed changes in the location. (3) In the event any person who has an interest as described in the initial medical cannabis establishment application made to the City pursuant to this ordinance, or any establishment owner or agent, as defined herein, has been charged with or accused of violations of any law since such disclosure, the renewal application shall include the name of the violator, the date of the violation, the court and case number where the violation was filed and the disposition of such violation. (4) In the event the medical cannabis establishment license has been suspended or revoked, or a licensee has received any notice of violation of any law, the renewal application shall include a copy of the notice, suspension or revocation. (5) The renewal application shall include verification that the medical cannabis establishment has a valid State certificate of registration. (6) In the event there have been allegations of violations of this ordinance by any of the licensees or the establishment submitting a renewal application, the City Manager or their representative may conduct an investigation prior to approving the renewal application. The investigation shall be for purposes of determining whether the application, proposed licensee and past operation of the establishment has been in compliance with this ordinance. If the application or the licensee do not meet the requirements of this ordinance, or the establishment has been operated in the past in violation of this ordinance or State law, the renewal application may be denied by the City Council or their representative, or issued with conditions. Section 25. Change of location. A medical cannabis establishment licensee may apply to the City for a change in location of the licensed premises. The inquiry by the City into the request for a change of location of the licensed premises may include any item that may be reviewed for a new medical cannabis establishment license, provided that the qualifications of the licensee to hold a license for a medical cannabis establishment shall not be subject to review so long as the licensee meets all requirements of this ordinance and any provisions of State law at the time the license was originally issued and remains in compliance with this ordinance subsequent to the issuance of said license. 12 Section 26. Penalties. In addition to the possible denial, suspension, revocation or non-renewal of a license or any other penalty provided for under the provisions of this ordinance or by State law, any person, including but not limited to, any licensee, owner, manager or employee of a medical cannabis establishment or any customer of a medical cannabis establishment who violates any provisions of this ordinance may be cited for such violation and shall be subject to the penalties for violation of City ordinance. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: July 27, 2021 Second Reading: August 10, 2021 TABLED Second Reading: August 24, 2021 Published: August 27, 2021 CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, 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 21-111,Version:1 Action on Resolution 21-111, a Resolution amending the Consolidated Fee Schedule. Summary: City staff periodically reviews and updates the Consolidated Fee Schedule to ensure that fees are comparable to peer municipalities and appropriate in terms of cost recovery and other strategic objectives. This Resolution increases the hourly rate for contracted police security to capture the full cost of providing this service. Recommendation: Staff recommends approval. Attachments: Memo Resolution Fee Schedule - clean Fee Schedule - marked City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer; Dave Erickson, Police Chief Council Meeting: December 14, 2021 Subject: Resolution 21-111, A Resolution Adopting the Consolidated Fee Schedule Presenter: Ashley Rentsch, Deputy Finance Manager Summary: City staff periodically reviews and updates the Consolidated Fee Schedule to ensure that fees are comparable to peer municipalities and appropriate in terms of cost recovery and other strategic objectives. This Resolution increases the hourly rate for contracted police security to capture the full cost of providing this service. Background: The Police Department analyzes the cost to provide contracted security based on wage increases and other operational factors to determine the optimal fee to charge for cost recovery. Item Details: Upon the most recent analysis, the Police Department determined the cost to provide contract security services exceeds the current fee of $50.00 per hour. By increasing the fee to $60.00, the full cost of providing this service will be paid by the contracting entity, rather than partially subsidized by the General Fund. This will also provide for future wage increases until the next analysis is completed. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by ensuring that fees for services properly reflect the cost of providing the service. Financial Consideration: This action will increase revenues for the Police Department to off set wage expenditures for providing contract security services. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Fee Schedule - clean Fee Schedule - marked Resolution 21-111 Resolution Amending the Consolidated Fee Schedule 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 following Amendment to the Consolidated Fee Schedule: Resolution No. City Code Fee Previous Fee Percent Change Contract Police Officer Security Per Reserve Officer, Per Hour 21-062 $60.00 $50.00 20% Dated at Brookings, SD, this 14th day of December, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________________ Bonnie Foster, City Clerk FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.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)19-075 Sec. 18-42 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 10% COLLECTION FEE) 19-075 Sec. 18-42 $25.00 HANGAR/AERIAL APPLICATION FEE 19-075 Sec. 18-42 $50.00 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 19-075 Sec. 18-42 $100.00 GATE CARD 19-075 Sec. 18-42 $20.00 LATE FEE PAYMENT (AFTER 30 DAYS) 19-075 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 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 TRANSIENT MERCHANTS (PER MONTH) 19-075 Sec. 26-345 $100.00 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE 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 MEDICAL CANNABIS APPLICATION FEE FOR MEDICAL CANNABIS ESTABLISHMENT LICENSE $5,000.00 INITIAL MEDICAL CANNABIS ESTABLISHMENT LICENSE FEE $5,000.00 RENEWAL FEE FOR MEDICAL CANNABIS ESTABLISHMENT LICENSE $5,000.00 LATE RENEWAL FEE FOR MEDICAL CANNABIS ESTABLISHMENT LICENSE $1,000.00 CODE ENFORCEMENT CODE ENFORCEMENT INVESTIGATION (PER HOUR - 1 HOUR MINIMUM) 19-075 Sec. 22-405 $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 NON-COMMERCIAL CLEAN WOOD/LUMBER, TREES/BRANCHES, COMPOST, RECYCLED COMPOST GENRATED WITHIN SERVICE AREA 21-091 WAIVED 240 POUND MATERIAL MINIMUM (PLUS SALES TAX AND $1 PER TON STATE FEE)19-075 Sec. 70-203 $5.00 COMMERCIAL (PLUS SALTES TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 COMPOST/LEAVES/GRASS (PLUS SALES TAX AND $1 PER TON STATE FEE 21-091 Sec. 70-203 $44.00 DEMOLITION (PLUS TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 DOMESTIC (PLUS TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 INDUSTRIAL (PLUS SALES TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 METAL (PLUS SALES TAX & $1 PER TON STATE FEE)21-091 Sec. 70-203 $44.00 ASBESTOS (REGION ONLY) (PLUS SALES TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE ASBESTOS (ACCEPTED IN REGION ONLY) (PER BAG PLUS SALES TAX) 19-075 Sec. 70-203 $7.50 REFRIGERATORS/AIR CONDITIONERS (PLUS SALES TAX) 21-091 Sec. 70-203 $12.00 MOBILE HOMES (PLUS SALES TAX) 21-091 Sec. 70-203 $250.00 TIRES (PLUS SALES TAX) ATV 21-091 Sec. 70-203 $2.00 CAR 21-091 Sec. 70-203 $4.00 PICKUP 21-091 Sec. 70-203 $6.00 TIRE ON RIM 21-091 Sec. 70-203 $8.00 TRUCK 21-091 Sec. 70-203 $13.00 TRACTOR 21-091 Sec. 70-203 $35.00 COMMUNITY DEVELOPMENT BUILDING PERMITS - RESIDENTIAL DWELLINGS - SINGLE-FAMILY DWELLINGS, DUPLEXES, TOWNHOUSES FINISHED HABITABLE SPACE PER SQUARE FOOT 21-091 Sec. 22-35 $90.00 FINISHED BASEMENTS PER SQUARE FOOT 21-091 Sec. 22-35 $45.00 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 BUILDING PERMIT FEE SCHEDULE GROUP R-3 AND U OCCUPANCIES ONLY THE BASE VALUATION TO DETERMINE PERMIT FEES FOR RESIDENTIAL BUILDINGS AND ADDITIONS ARE BASED ON A DOLLER PERSQUARE FOOT SCHEDULE PER THE FOLLOWING. THE BID PRICE MUST BE QUOTED FOR RENOVATIONS OR REMODELS. TOTAL VALUATION $1.00 to $1,200.00 19-075 Sec. 22-35 $20.00 $1,200.01 to $1,000.00 19-075 Sec. 22-35 $10.00 for the first $500.00 plus $1.50 for each addititional $100.00 or fraction thereof, to and including $2,000.00 for valuation in excess of $1,1000.00 $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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE $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 $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. BUILDING PERMITS - COMMERCIAL THE VALUE TO BE USED IN COMPUTING THE BUILDING PERMIT FEE FOR ALL COMMERCIAL CONTSTUCTION, 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. TOTAL VALUATION $100,000.01 to $500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,0000.01 to $1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE $1,000,000.01 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. OTHER INSPECTION FEES INSPECTION: SIDEWALKS & CURB RAMPS 19-075 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 DETATCHED ACCESSORY STRUCTURE WITH FLOOR AREA LESS THAN OR EQUAL TO 200 SQ. FT. 19-075 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 CONTRACTORS 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. ELECTRIC VEHICLE CHARGING STATION RATES HOURLY RATE FOR FIRST THREE (3) HOURS 20-045 $1.00 HOURLY RATE OVER THREE (3) HOURS 20-045 $2.00 CITY OF BROOKINGS AND BROOKINGS COUNTY USE 20-045 EXEMPT FIRE FIRE PROTECTION SYSTEM FEES FIRE SPRINKLER SYSTEMS 19-075 Sec. 34-81 $75.00 plus $0.45 per sprinkler head RETROFITTED FIRE SPRINKLER SYSTEMS 19-075 Sec. 34-81 $75.00 plus $0.45 per sprinkler head KITCHEN HOOD EXTINGUISHING SYSTEMS 19-075 Sec. 34-81 $90.00 KITCHEN HOOD EXTINGUISING SYSTEMS MODIFICATION 19-075 Sec. 34-81 $45.00 CLEAN AGENT OR OTHER TOTAL FLOODING SYSTEM (PER SQUARE FOOT) 19-075 Sec. 34-81 $0.20 FIRE ALARM SYSTEMS 19-075 Sec. 34-81 $75.00 plus $0.45 per each ignition and signaling device FIRE ALARM SYSTEM MODIFICATIONS 19-075 Sec. 34-81 $37.50 plus $0.45 per each ignition and signaling device FALSE ALARM FIRE CALLS WHEN TRUCKS ROLL FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE FIRST CALL 19-075 Sec. 34-81 $0.00 SESCOND CALL 19-075 Sec. 34-81 $50.00 THIRD CALL 19-075 Sec. 34-81 $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 (ONE HOUR MINIMUM) 19-075 Sec. 34-81 $45.00 INSPECTIONS OUTSIDE OF NORMAL BUSINESS HOURS PER HOUR (TWO HOUR MINIMUM) 19-075 Sec. 34-81 $45.00 RE-INSPECTION PER HOUR (ONE HOUR 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 BASED ON BID 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 SIDEWALK SNOW REMOVAL (FIRST OFFENSE) PER HOUR PER PIECE OF EQUIPMENT - ONE HOUR MINIMUM 19-075 Sec. 74-213 $125.00 SIDEWALK SNOW REMOVAL (SECOND OFFENSE) PER HOUR PER PIECE OF EQUIPMENT - ONE HOUR MINIMUM 19-075 Sec. 74-213 $175.00 DED REMOVAL/BMU LINE CLEARANCE 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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE TYPE II - PER ADDITIONAL NIGHT TIME SETUP (E.G. CHALKING, LINING, ETC.) 19-075 Sec. 62-45 $65.00 BOB SHELDEN FIELD RENTAL - PER GAME - COLLEGE BASEBALL - OUTSIDE TEAMS 21-062 Sec. 62-45 $325.00 BOB SHELDEN FIELD RENTAL - PER GAME - SDSU COLLEGE BASEBALL 21-062 Sec. 62-45 $250.00 BOB SHELDEN FIELD RENTAL - PER GAME - ADULT BASEBALL 21-062 Sec. 62-45 $100.00 BOB SHELDEN FIELD RENTAL - PER GAME - PRACTICE/SPECIAL EVENTS 21-062 Sec. 62-45 $25.00 BOB SHELDEN FIELD RENTAL - PER GAME - PENALTY/DEPOSIT - SEEDS, TOBACCO, GUM 21-062 Sec. 62-45 $250.00 FISHBACK SOCCER PARK RENTAL RATES TYPE I - NO LINING (PER HOUR)19-075 Sec. 62-45 $25.00 TYPE II - ONE LINING PER FIELD 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 $45.00 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 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 PICNIC SHELTER RESERVATIONS SMALL DAY (HILLCREST, B, C, PIONEER)19-075 Sec. 62-45 $25.00 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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE 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 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 & 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. 66-29 $150.00 PRELIMINARY PLATS PLUS $1.00 PER LOT OVER 20 LOTS OR $1.00 PER ACRE OVER 1 ACRE. 19-075 Sec. 66-29 $200.00 FINAL PLATS 19-075 Sec. 66-29 $160.00 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE VACATION 19-075 Sec. 66-29 $150.00 1-1R SITE PLAN 19-075 Sec. 66-29 $150.00 CONDITIONAL USE 19-075 Sec. 66-29 $250.00 ANNEXATION 19-075 Sec. 66-29 $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 $90.00 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 PORTABLE SIGNS PER WEEK 19-075 Sec. 94-467 $20.00 PRTABLE SIGNS PER MONTH (MAXIMUM PERMIT SHOULD NOT CARRY OVER FROM ONE PERMIT PERIOD TO THE NEXT)19-075 Sec. 94-467 $50.00 BANNER SIGNS 19-075 Sec. 94-467 EXEMPT STREET LIGHT FLAG AND BANNER PROGRAM APPLICATION FEE $20.00 FEE IF CITY STAFF ARE REQUIRED TO REMOVE BANNERS (e.g. beyond term expiration, damaged banners, etc.), PER HOUR $100.00 FEE IF CITY STAFF ARE REQUIRED TO REMOVE FLAGS (e.g. beyond term expiration, damaged flags, etc.), PER HOUR $40.00 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 MOVING OF STRUCTURE - PER HOUR PER UNIT (OFFICER AND PATROL CAR) - TWO HOUR MINIMUM PER UNIT Sec. 22-223 $60.00 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE CONTRACT POLICE OFFICER SECURITY PER RESERVE OFFICER, PER HOUR 21-062 $35.00 PER OFFICER, PER HOUR 21-111 $60.00 FALSE SECURITY ALARM FIRST CALL 21-062 $0.00 SECOND CALL 21-062 $50.00 THIRD CALL 21-062 $100.00 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, excise tax STREET REPAIRS 19-075 Material replacement cost FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL ANIMAL CONTROL 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 ANIMALSAND 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 19-075 14-123 DISTURBING THE PEACE $30.00 $72.50 $102.50 19-075 14-125 DEFECATION DISPOSAL $30.00 $72.50 $102.50 19-075 14-126 VISCIOUS 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 $250.00 $72.50 $322.50 19-075 14-127 GUARD DOGS (FAILURE TO POST WARNING) $60.00 $72.50 $132.50 14-128 SAINITARY 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 & 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 & ANIMAL FORFEITED)$250.00 $72.50 $322.50 FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL 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 INDIGINOUS 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 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 ADQUATE 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 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 PARK OPEN TO 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 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 19-075 94-431(2)FRONT YARD PARKING PROHIBITED $35.00 $72.50 $107.50 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 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 FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL 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 19-075 82-30382-30482-305 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 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 FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL 19-075 82-842 DRIVING THROUGH PROCESSIONS $60.00 $72.50 $132.50 HOUSING & 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 EDGEBROOK GOLF COURSE RATES CITY OF BROOKINGS FEE DESCRIPTION EARLY BIRD REGULAR UNLIMITED GOLF YOUTH $190.00 $225.00 YOUNG ADULT $465.00 $550.00 SENIOR/VETERAN $465.00 $550.00 YOUNG ADULT COUPLE $520.00 $610.00 SENIOR COUPLE $520.00 $610.00 INDIVIDUAL $550.00 $650.00 COUPLES $630.00 $750.00 FAMILY $720.00 $850.00 COLLEGE STUDENT $255.00 $300.00 PUNCH CARDS 10/18 HOLE ROUNDS $240.00 10/9 HOLE ROUNDS $185.00 10/PAR 3 COURSE ROUNDS $55.00 GREEN FEES 9 HOLES $16.00 18 HOLES $24.00 9 HOLES (WEEKDAY - SENIOR/VETERANS)$13.00 18 HOLES (WEEKDAY - SENIOR/VETERANS)$20.00 CART FEES 9 HOLES $10.00 18 HOLES $15.00 DRIVING RANGE BUCKET OF RANGE BALLS $5.00 ADD ON TO MEMBERSHIP (INDIVIDUAL) $150.00 ADD ON TO MEMBERSHIP (FAMILY/COUPLE)$200.00 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE 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)19-075 Sec. 18-42 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 10% COLLECTION FEE) 19-075 Sec. 18-42 $25.00 HANGAR/AERIAL APPLICATION FEE 19-075 Sec. 18-42 $50.00 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 19-075 Sec. 18-42 $100.00 GATE CARD 19-075 Sec. 18-42 $20.00 LATE FEE PAYMENT (AFTER 30 DAYS) 19-075 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 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 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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE 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 MEDICAL CANNABIS APPLICATION FEE FOR MEDICAL CANNABIS ESTABLISHMENT LICENSE $5,000.00 INITIAL MEDICAL CANNABIS ESTABLISHMENT LICENSE FEE $5,000.00 RENEWAL FEE FOR MEDICAL CANNABIS ESTABLISHMENT LICENSE $5,000.00 LATE RENEWAL FEE FOR MEDICAL CANNABIS ESTABLISHMENT LICENSE $1,000.00 CODE ENFORCEMENT CODE ENFORCEMENT INVESTIGATION (PER HOUR - 1 HOUR MINIMUM) 19-075 Sec. 22-405 $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 NON-COMMERCIAL CLEAN WOOD/LUMBER, TREES/BRANCHES, COMPOST, RECYCLED COMPOST GENRATED WITHIN SERVICE AREA 21-091 WAIVED 240 POUND MATERIAL MINIMUM (PLUS SALES TAX AND $1 PER TON STATE FEE)19-075 Sec. 70-203 $5.00 COMMERCIAL (PLUS SALTES TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 COMPOST/LEAVES/GRASS (PLUS SALES TAX AND $1 PER TON STATE FEE 21-091 Sec. 70-203 $44.00 DEMOLITION (PLUS TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 DOMESTIC (PLUS TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 INDUSTRIAL (PLUS SALES TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 METAL (PLUS SALES TAX & $1 PER TON STATE FEE)21-091 Sec. 70-203 $44.00 ASBESTOS (REGION ONLY) (PLUS SALES TAX AND $1 PER TON STATE FEE) 21-091 Sec. 70-203 $44.00 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 (PLUS SALES TAX) 21-091 Sec. 70-203 $12.00 MOBILE HOMES (PLUS SALES TAX) 21-091 Sec. 70-203 $250.00 TIRES (PLUS SALES TAX) ATV 21-091 Sec. 70-203 $2.00 CAR 21-091 Sec. 70-203 $4.00 PICKUP 21-091 Sec. 70-203 $6.00 TIRE ON RIM 21-091 Sec. 70-203 $8.00 TRUCK 21-091 Sec. 70-203 $13.00 TRACTOR 21-091 Sec. 70-203 $35.00 COMMUNITY DEVELOPMENT BUILDING PERMITS - RESIDENTIAL FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE DWELLINGS - SINGLE-FAMILY DWELLINGS, DUPLEXES, TOWNHOUSES FINISHED HABITABLE SPACE PER SQUARE FOOT 21-091 Sec. 22-35 $90.00 FINISHED BASEMENTS PER SQUARE FOOT 21-091 Sec. 22-35 $45.00 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 BUILDING PERMIT FEE SCHEDULE GROUP R-3 AND U OCCUPANCIES ONLY THE BASE VALUATION TO DETERMINE PERMIT FEES FOR RESIDENTIAL BUILDINGS AND ADDITIONS ARE BASED ON A DOLLER PERSQUARE FOOT SCHEDULE PER THE FOLLOWING. THE BID PRICE MUST BE QUOTED FOR RENOVATIONS OR REMODELS. TOTAL VALUATION $1.00 to $1,200.00 19-075 Sec. 22-35 $20.00 $1,200.01 to $1,000.00 19-075 Sec. 22-35 $10.00 for the first $500.00 plus $1.50 for each addititional $100.00 or fraction thereof, to and including $2,000.00 for valuation in excess of $1,1000.00 $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 SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE $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. BUILDING PERMITS - COMMERCIAL THE VALUE TO BE USED IN COMPUTING THE BUILDING PERMIT FEE FOR ALL COMMERCIAL CONTSTUCTION, 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. TOTAL VALUATION $100,000.01 to $500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,0000.01 to $1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.01 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. OTHER INSPECTION FEES INSPECTION: SIDEWALKS & CURB RAMPS 19-075 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 DETATCHED ACCESSORY STRUCTURE WITH FLOOR AREA LESS THAN OR EQUAL TO 200 SQ. FT. 19-075 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 CONTRACTORS 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. ELECTRIC VEHICLE CHARGING STATION RATES FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE HOURLY RATE FOR FIRST THREE (3) HOURS 20-045 $1.00 HOURLY RATE OVER THREE (3) HOURS 20-045 $2.00 CITY OF BROOKINGS AND BROOKINGS COUNTY USE 20-045 EXEMPT FIRE FIRE PROTECTION SYSTEM FEES FIRE SPRINKLER SYSTEMS 19-075 Sec. 34-81 $75.00 plus $0.45 per sprinkler head RETROFITTED FIRE SPRINKLER SYSTEMS 19-075 Sec. 34-81 $75.00 plus $0.45 per sprinkler head KITCHEN HOOD EXTINGUISHING SYSTEMS 19-075 Sec. 34-81 $90.00 KITCHEN HOOD EXTINGUISING SYSTEMS MODIFICATION 19-075 Sec. 34-81 $45.00 CLEAN AGENT OR OTHER TOTAL FLOODING SYSTEM (PER SQUARE FOOT) 19-075 Sec. 34-81 $0.20 FIRE ALARM SYSTEMS 19-075 Sec. 34-81 $75.00 plus $0.45 per each ignition and signaling device FIRE ALARM SYSTEM MODIFICATIONS 19-075 Sec. 34-81 $37.50 plus $0.45 per each ignition and signaling device FALSE ALARM FIRE CALLS WHEN TRUCKS ROLL FIRST CALL 19-075 Sec. 34-81 $0.00 SESCOND CALL 19-075 Sec. 34-81 $50.00 THIRD CALL 19-075 Sec. 34-81 $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 (ONE HOUR MINIMUM) 19-075 Sec. 34-81 $45.00 INSPECTIONS OUTSIDE OF NORMAL BUSINESS HOURS PER HOUR (TWO HOUR MINIMUM) 19-075 Sec. 34-81 $45.00 RE-INSPECTION PER HOUR (ONE HOUR 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 BASED ON BID 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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE EACH ADDITIONAL HOUR LARGE AREA 19-075 Sec. 62-89 $125.00 SIDEWALK SNOW REMOVAL (FIRST OFFENSE) PER HOUR PER PIECE OF EQUIPMENT - ONE HOUR MINIMUM 19-075 Sec. 74-213 $125.00 SIDEWALK SNOW REMOVAL (SECOND OFFENSE) PER HOUR PER PIECE OF EQUIPMENT - ONE HOUR MINIMUM 19-075 Sec. 74-213 $175.00 DED REMOVAL/BMU LINE CLEARANCE 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 BOB SHELDEN FIELD RENTAL - PER GAME - COLLEGE BASEBALL - OUTSIDE TEAMS 21-062 Sec. 62-45 $325.00 BOB SHELDEN FIELD RENTAL - PER GAME - SDSU COLLEGE BASEBALL 21-062 Sec. 62-45 $250.00 BOB SHELDEN FIELD RENTAL - PER GAME - ADULT BASEBALL 21-062 Sec. 62-45 $100.00 BOB SHELDEN FIELD RENTAL - PER GAME - PRACTICE/SPECIAL EVENTS 21-062 Sec. 62-45 $25.00 BOB SHELDEN FIELD RENTAL - PER GAME - PENALTY/DEPOSIT - SEEDS, TOBACCO, GUM 21-062 Sec. 62-45 $250.00 FISHBACK SOCCER PARK RENTAL RATES TYPE I - NO LINING (PER HOUR)19-075 Sec. 62-45 $25.00 TYPE II - ONE LINING PER FIELD 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 $45.00 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 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 SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE PICNIC SHELTER RESERVATIONS SMALL DAY (HILLCREST, B, C, PIONEER)19-075 Sec. 62-45 $25.00 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 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 & 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 FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE BOARD OF ADJUSTMENT 19-075 Sec. 66-29 $150.00 PRELIMINARY PLATS PLUS $1.00 PER LOT OVER 20 LOTS OR $1.00 PER 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 1-1R SITE PLAN 19-075 Sec. 66-29 $150.00 CONDITIONAL USE 19-075 Sec. 66-29 $250.00 ANNEXATION 19-075 Sec. 66-29 $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 $90.00 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 PORTABLE SIGNS PER WEEK 19-075 Sec. 94-467 $20.00 PRTABLE SIGNS PER MONTH (MAXIMUM PERMIT SHOULD NOT CARRY OVER FROM ONE PERMIT PERIOD TO THE NEXT)19-075 Sec. 94-467 $50.00 BANNER SIGNS 19-075 Sec. 94-467 EXEMPT STREET LIGHT FLAG AND BANNER PROGRAM APPLICATION FEE $20.00 FEE IF CITY STAFF ARE REQUIRED TO REMOVE BANNERS (e.g. beyond term expiration, damaged banners, etc.), PER HOUR $100.00 FEE IF CITY STAFF ARE REQUIRED TO REMOVE FLAGS (e.g. beyond term expiration, damaged flags, etc.), PER HOUR $40.00 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 MOVING OF STRUCTURE - PER HOUR PER UNIT (OFFICER AND PATROL CAR) - TWO HOUR MINIMUM PER UNIT Sec. 22-223 $60.00 CONTRACT POLICE OFFICER SECURITY PER RESERVE OFFICER, PER HOUR 21-062 $35.00 PER OFFICER, PER HOUR $60.00 50.00$ 20% FEE SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE FEE PREVIOUS FEE PERCENT CHANGE FALSE SECURITY ALARM FIRST CALL 21-062 $0.00 SECOND CALL 21-062 $50.00 THIRD CALL 21-062 $100.00 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, excise tax STREET REPAIRS 19-075 Material replacement cost FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL ANIMAL CONTROL 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 ANIMALSAND 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 19-075 14-123 DISTURBING THE PEACE $30.00 $72.50 $102.50 19-075 14-125 DEFECATION DISPOSAL $30.00 $72.50 $102.50 19-075 14-126 VISCIOUS 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 $250.00 $72.50 $322.50 19-075 14-127 GUARD DOGS (FAILURE TO POST WARNING) $60.00 $72.50 $132.50 14-128 SAINITARY 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 & 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 & ANIMAL FORFEITED)$250.00 $72.50 $322.50 FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL 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 INDIGINOUS 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 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 ADQUATE 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 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 PARK OPEN TO 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 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 19-075 94-431(2)FRONT YARD PARKING PROHIBITED $35.00 $72.50 $107.50 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 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 FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL 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 19-075 82-30382-30482-305 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 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 FINES AND VIOLATIONS SCHEDULE CITY OF BROOKINGS RESOLUTION NO.CITY CODE OFFENSE FINE COSTS TOTAL 19-075 82-842 DRIVING THROUGH PROCESSIONS $60.00 $72.50 $132.50 HOUSING & 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 EDGEBROOK GOLF COURSE RATES CITY OF BROOKINGS FEE DESCRIPTION EARLY BIRD REGULAR UNLIMITED GOLF YOUTH $190.00 $225.00 YOUNG ADULT $465.00 $550.00 SENIOR/VETERAN $465.00 $550.00 YOUNG ADULT COUPLE $520.00 $610.00 SENIOR COUPLE $520.00 $610.00 INDIVIDUAL $550.00 $650.00 COUPLES $630.00 $750.00 FAMILY $720.00 $850.00 COLLEGE STUDENT $255.00 $300.00 PUNCH CARDS 10/18 HOLE ROUNDS $240.00 10/9 HOLE ROUNDS $185.00 10/PAR 3 COURSE ROUNDS $55.00 GREEN FEES 9 HOLES $16.00 18 HOLES $24.00 9 HOLES (WEEKDAY - SENIOR/VETERANS)$13.00 18 HOLES (WEEKDAY - SENIOR/VETERANS)$20.00 CART FEES 9 HOLES $10.00 18 HOLES $15.00 DRIVING RANGE BUCKET OF RANGE BALLS $5.00 ADD ON TO MEMBERSHIP (INDIVIDUAL) $150.00 ADD ON TO MEMBERSHIP (FAMILY/COUPLE)$200.00 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 21-115,Version:1 Action on Resolution 21-115, a Resolution Transferring City Manager Contingency Funds to 2021’s Budget. Summary: The Brookings Police Department is committed to providing effective and efficient services to the community. To progress the department, the City Manager is requesting $50,000 in excess contingency for further investment in the analysis of the operations and community desires. Recommendation: Staff recommends approval. Attachments: Memo Resolution Proposal City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul Briseno, City Manager; Erick Rangel, Chief Financial Officer Council Meeting: December 14, 2021 Subject: Resolution 21-115: Transferring City Manager Contingency Funds to 2021’s Budget Presenters: Paul Briseno, City Manager; Dave Erickson, Police Chief Summary: The Brookings Police Department is committed to providing effective and efficient services to the community. To progress the department, the City Manager is requesting $50,000 in excess contingency for further investment in the analysis of the operations and community desires. Background: The City Manager’s Contingency account was allocated $125,000 within the 2021 Budget. The main objective of this allocation is to fund items which result as a change in strategic direction, weather-related, or additional initiatives not considered at the time the 2021 Budget was prepared and presented to City Council. With more accurate budgeting practices, the use of contingency was minimized. Item Details: This past year the Brookings Police Department began a certification process through the Commission on Accreditation for Law Enforcement Agencies (CALEA). This accreditation is an intensive investment from staff over the next three years. The process includes the review of all policies and training. CALEA is considered the gold standard for police. Once achieved Brookings would be the second city in the state to hold such high standards. The Police Department is further requesting a comprehensive analysis of existing operations and services through the utilization of a consultant. A study will provide : Operational analysis Benchmark the community and provide performance indicators Recommend organizational structure and administration Examine the department culture Provide gap analysis Recommend community policing opportunities Ensure accountability This process includes a review of the process, data, engagement of community stakeholders, interview of leadership and officers/dispatchers. Th e staff has provided an example of a proposal for services from the Center for Public Safety Management, a product of the International City/County Managers Association. The proposal details the intent and process of the project. Staff recommends allocating 2021 City Manager’s contingency funds to the following budget line items.: Police Department Leadership/Training investment - $50,000 This effort is consistent with the organizational mission and City Council’s Strategic Plan. Our mission is to provide high quality of life through exceptional services and proactive solutions. The strategic plan initiatives met include the (B) development of a safe, inclusive, and connected community as well as (C) providing service and innovation excellence. Specifically, through performance management, policy review, community/department engagement and community oriented policing. The project is multifaceted. Legal Consideration: South Dakota Codified Law 9-21-6.1, Line Item for Contingencies – Maximum Amount – Transfer to Other Appropriations, provides for the transfer of contingency funds by resolution to account for items for which no appropriation was provided. Strategic Plan Consideration: This action supports fiscal responsibility by allocating budget authority to fund initiatives that promote employee development. Financial Consideration: This transfer will not result in incremental 2021 budgeted expenses. It will transfer appropriations from the City Manager contingency account into the Police Department’s budget. After this transfer, the City Manager’s contingency account will remain with a $65,000 available spending balance. This balance use is not anticipated for the remainder of 2021. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Proposal P R O P O S A L F O R COMPREHENSIVE ANALYSIS OF POLICE SERVICES BROOKINGS, SD CENTER FOR PUBLIC SAFETY MANAGEMENT, LLC 475 K STREET NW STE 702 • WASHINGTON, DC 20001 WWW.CPSM.US • 800-998-3392 Exclusive Provider of Public Safety Technical Services for International City/County Management Association C E N T E R F O R P U B L I C S A F E T Y M A N A G E M E N T , L L C November 16, 2010 Chief David Erickson Brookings Police Department Brookings, SD Dear Chief: The Center for Public Safety Management, LLC, (CPSM) as the exclusive provider of public safety technical assistance for the International City/County Management Association, is pleased to submit this proposal to the City of Brookings for an analysis of law enforcement services. The CPSM approach is unique and more comprehensive than ordinary accreditation or competitor studies. In general, our analysis involves the following major outcomes: ▪ Conduct a data-driven forensic analysis to identify actual workload. This forms the basis for determining what is driving overtime; workloads; and service demands. ▪ Identify and recommend appropriate staffing and deployment levels for every discrete operational and support function in the department. ▪ Examine the department’s organizational structure and culture. ▪ Perform gap analysis, comparing the “as is” state of the department to the industry’s best practices. ▪ Recommend a management framework to ensure accountability, increased efficiency and improved performance. ▪ Determine staffing analysis using workload and performance for police department . This proposal is specifically designed to provide the local government with a thorough and unbiased analysis of emergency services in your community. We have developed a uniq ue approach by combining the experience of dozens of emergency services subject matter experts. The team assigned to the project will have hundreds of years of practical experience managing emergency service agencies, a record of research, academic, teachi ng and training, and professional publications, and extensive consulting experience from hundreds of projects completed for municipalities nationwide. The team we assemble for you will be true “subject matter experts” with hands-on emergency services experience, not research assistants or interns. ICMA has provided direct services to local governments worldwide for almost 100 years, which has helped to improve the quality of life for millions of residents in the United States and abroad. My colleagues at CPSM and I greatly appreciate this opportunity and would be pleased to address any comments you may have. I can be reached at 716-969-1360 or via email at lmatarese@cpsm.us. Sincerely, LEONARD MATARESE Managing Partner Center for Public Safety Management 1 THE ASSOCIATION & THE COMPANY The International City/County Management Association (ICMA) is a 103-year-old, non-profit professional association of local government administrators and managers, wi th approximately 13,000 members located in 32 countries. Since its inception in 1914, ICMA has been dedicated to assisting local governments and their managers in providing services to their citizens in an efficient and effective manner. ICMA advances the knowledge of local government best practices with its website, www.icma.org, publications, research, professional development, and membership. The ICMA Center for Public Safety Management (ICMA/CPSM) was launched by ICMA to provide support to local governments in the areas of police, fire, and Emergency Medical Services. The Center also represents local governments at the federal level and has been involved in numerous projects with the Department of Justice and the Department of Homeland Security. In 2014 as part of a restructuring at ICMA, the Center for Public Safety Management (CPSM) spun out as a separate company and is now the exclusive provider of public safety technical assistance for ICMA. CPSM provides training and research for the Association’s members and represents ICMA in its dealings with the federal government and other public safety professional associations such as CALEA, PERF, IACP, IFCA, IPMA-HR, DOJ, BJA, COPS, NFPA, etc. The Center for Public Safety Management, LLC maintains the same team of individuals performing the same level of service that it had for ICMA. CPSM’s local government technical assistance experience includes workload and deployment analysis, using our unique methodology and subject matter experts to examine department organizational structure and culture, identify workload and staffing needs as well as industry best practices. We have conducted over 350 such studies in 42 states and provinces and 270 communities ranging in population size 8,000 (Boone, IA) to 800,000 (Indianapolis, IN). 2 PROJECT STAFFING - POLICE For this project CPSM will assemble a premier team of experts from a variety of disciplines and from across the United States. The goal is to develop recommendations that will enable it to produce the outcomes necessary to provide critical emergency services consistent with the community’s financial capabilities. The team will consist of a project manager, two Operations Leaders and several senior public safety experts selected from our staff to meet the specific needs of the municipality. MANAGING PARTNER LEONARD A. MATARESE, MPA, ICMA-CM, IPMA-CP Managing Partner, Center for Public Safety Management BACKGROUND Mr. Matarese is a specialist in public sector administration with expertise in public safety issues. He has 50 years’ experience as a law enforceme nt officer, police chief, public safety director, city manager and major city Human Resources Commissioner. He was one of the original advisory board members and trainer for the first NIJ/ICMA Community Oriented Policing Project which has subsequently trained thousands of municipal practitioners on the techniques of the community policing philosophy. He has managed over three hundred studies of emergency services agencies with attention to matching staffing issues with calls for service workload. Recognized as an innovator by his law enforcement colleagues, he served as the Chairman of the SE Quadrant, Florida, Blue Lighting Strike Force, a 71agency, U.S. Customs Service anti - terrorist and narcotics task force and as president of the Miami -Dade County Police Chief’s Association – one of America’s largest regional police associations. He represents ICMA on national projects involving the United States Department of Homeland Security, The Department of Justice, Office of Community Policing and the Department of Justice, Office Bureau of Justice Assistance. He has also served as a project reviewer for the National Institute of Justice and is the subject matter expert on several ICMA / USAID police projects in Central America. As a public safety director, he has managed fire / EMS systems including ALS transport. He was an early proponent of public access and police response with AEDs. Mr. Matarese has presented before most major public administration organizations annual conferences on numerous occasions and was a keynote speaker at the 2011 annual PERF conference. He was a plenary speaker at the 2011 TAMSEC Homeland security conference in Linköping, Sweden and at the 2010 UN Habitat PPUD Conference in Barcelona, Spain. He has a master’s degree in Public Administration and a bachelor’s degree in Political Science. He is a member of two national honor societies and has served as an adjunct faculty member for several universities. He holds the ICMA Credentialed Manager designation, as well as Certified Professional designation from the International Public Management Association - Human Resources. He also has extensive experience in labor management issues, particularly in police and fire departments. Mr. Matarese is a life member of the International Association of Chiefs of Police and of ICMA. 3 DATA ASSESSMENT TEAM – PROJECT LEADER DOV CHELST, PH.D. Director of Quantitative Analysis BACKGROUND Dr. Chelst is an expert in analyzing public safety department’s workload and deployment. He manages the analysis of all public safety data for the Center. He is involved in all phases of The Center’s studies from initial data collection, on-site review, large-scale dataset processing, statistical analysis, and designing data reports. To date, he has managed over 140 data an alysis projects for city and county agencies ranging in population size from 8,000 to 800,000. Dr. Chelst has a Ph.D. Mathematics from Rutgers University and a B.A. Magna Cum Laude in Mathematics and Physics from Yeshiva University. He has taught mathemati cs, physics, and statistics, at the university level for 9 years. He has conducted research in complex analysis, mathematical physics, and wireless communication networks and has presented his academic research at local, national, and international conferences, and participated in workshops across the country. SENIOR PUBLIC SAFETY SUBJECT MATTER EXPERT -- GIS DAVID MARTIN, PH.D. Senior Researcher in the Center for Urban Studies, Wayne State University BACKGROUND Dr. Martin specializes in public policy analysis and program evaluation. He has worked with several police departments to develop crime mapping and statistical analysis tools. In these projects, he has developed automated crime analysis tools and real-time, dashboard-style performance indicator systems for police executive and command staff. Dr. Martin teaches statistics at Wayne State University. He is also the program evaluator for four Department of Justice Weed and Seed sites. He is an expert in the use of mapping technology to analy ze calls for service workload and deployments. SENIOR PUBLIC SAFETY DATA ANALYST PRISCILA MONACHESI, M.S., B.A. BACKGROUND Priscila Monachesi is a Senior Data Analyst with CPSM and has worked on over 40 data analysis projects for city and county public safety agencies. She has over ten years’ experience as a Project Leader/Senior System Analyst in auto manufacturing and financial systems. She has a M.S in Statistics from Montclair State University, a B.A. in Economics from Montclair State University, and a Technical Degree in Data Processing from Pontifícia Universidade Católica in Brazil. 4 PUBLIC SAFETY DATA ANALYST SHAN ZHOU, PH.D. BACKGROUND Dr. Shan Zhou specializes in the analysis of police data. Shan brings extensive experience in scientific and clinical data analysis. Prior to CPSM, she worked as an associate scientist at Yale School of Medicine. Shan has a MS in Business Analytics and Project Management from University of Connecticut and a PhD in Cell biology, Genetics and Development from Univers ity of Minnesota. PUBLIC SAFETY DATA ANALYST XIANFENG LI, PH.D. BACKGROUND Dr. Xianfeng Li is a professional computational scientist and certified SAS programmer with a wealth of knowledge and research experience in Complex System Modeling, Data Analysis, and Statistical Physics. He is highly qualified in various coding programs and has earned numerous data science certifications. He previously worked as a Research Associate and Postdoctoral Fellow. Dr. Li earned his Ph.D. and master’s degree in Polymer Science within the Institute of Chemistry from the Chinese Academy of Sciences in Beijing. He earned his bachelor’s degree in Chemistry at Jilin University in Changchun. PUBLIC SAFETY DATA ANALYST LEAH BALTER, BA BACKGROUND Leah Balter has a background in applied mathematics and previously worked as a Supplemental Instruction Leader for Calculus I and II before becoming an Assistant Property Supervisor. Her skill set includes proficiency in various programming languages such as C++, R, and MATLAB. Ms. Balter has strong written and oral communication skills and is an adept multitasker with high attention to detail. She earned her B.S. in Applied Mathematics from the University of California, Los Angeles. OPERATIONS ASSESSMENT TEAM SENIOR ASSOCIATE CHIEF JACKIE GOMEZ-WHITELEY (RET.), B.A., M.A.O.L. Retired Orange County, California Police Department, Program Director for California Police Chiefs Executive Leadership Institute 5 BACKGROUND Chief Jackie Gomez-Whiteley is a 33-year law enforcement professional serving with distinction in three counties: Orange, Los Angeles, and Monterey. In 1986, she began her sworn career at the Orange Police Department where she served in all three divisions: Patrol, Investigations, and Administration. She was the department’s first woman motor officer, as well as sergeant and lieutenant. In 1989, Jackie was involved in an officer-involved shooting of a kidnap and attempted murder suspect. As a result of her actions, she was awarded the Medal of Valor. After 23 years at Orange PD, she accepted a position as Captain at the Cypress Police Department where she oversaw both divisions: Operations and Support Services. In 2011, she was appointed Chief of Police and the first woman to serve as Police Chief of a municipal agency in Orange County. Under her leadership, the Cypress Police Department received awards and recognition for the efforts in community-oriented policing. She retired in 2015 and shortly thereafter, served as Interim Police Chief for the Alhambra Police Department. From 2018 through 2019, she served as Interim Police Chief for the Pacific Grove Police Department. In 2020, Chief Gomez-Whiteley was awarded the California Police Chiefs Association, Joe Malloy Memorial Award for her outstanding service and dedication to the law enforcement profession. Chief Gomez-Whiteley obtained her Master of Arts degree from Chapman University in Organizational Leadership with a certificate in Public and Non-Profit Leadership. She has a Bachelor of Arts degree from Loyola Marymount University in Psychology with a minor in Alcohol and Drug Studies. In 2007, Jackie graduated from the P.O.S.T. Command College, where she published an article in Police and Security News Magazine titled: Dirty Bombs: Calculati ng the Threat. Chief Gomez-Whiteley has been an adjunct instructor at various law enforcement training centers throughout the state for 29 years and is Program Director for the prestigious California Police Chiefs Executive Leadership Institute (CPCELI) at Drucker. Chief Gomez-Whiteley is a volunteer and President of Officers Give Hope, a non-profit organization dedicated to hosting marrow donor drives in the public safety community throughout the State of California. She is a member of the California Police Chiefs’ Association, California Peace Officers’ Association, and International Association of Chiefs of Police. Chief Gomez-Whiteley continues to serve on many boards, including Orange County Exploring Learning for Life. POLICE SENIOR MANAGER CAPTAIN CAROL E. RASOR-CORDERO, PH.D. (RET). Retired Captain, Pinellas County, Florida Sheriff’s Office, Associate Professor Public Safety Administration, St. Petersburg College BACKGROUND Dr. Rasor-Cordero is a retired Captain from the Pinellas County Sheriff’s Office in Florida. During her 25-year career in law enforcement, she served in various divisions including: Patrol Operations, Crimes Against Children, Economic Crimes, Training, Community Services, and Court Security. While serving as the Commander of the Community Services Division, she established the Domestic Violence Unit, the Sexual Predator and Offender Unit, and the Citizen’s Community Policing Institute. She served as the agency’s training advisor and played a significant role in transforming the Pinellas County Police Academy from a vocational program to a progressive program that offers college credit from St. Petersburg College. She served as team leader for the agency’s Hostage Negotiation Team and implemented the agency’s Critical Incident Stress Management Team. 6 Dr. Rasor-Cordero has conducted research examining the relationship between personality preferences of executive-and mid-level law enforcement/corrections leaders and exemplary leadership practices. She has an extensive background as an educator and trainer. As a program director for St. Petersburg College, Dr. Rasor-Cordero established the first and only academic on-line gang-related investigations track in the nation. She developed the Evolving Leaders in a Changing World course for the Southeastern Public Safety Leadership Institute at St. Petersburg College, which is a six-part series and approved for college credit. She designed a three-part series for implementing, managing, and evaluating community policing for the Florida Regional Community Policing Institute and delivered the training throughout Florida to mid - and executive-level leaders. Dr. Rasor-Cordero has developed and delivered training in the high liability areas of firearms, defensive tactics and driving. She has served as an evaluator for “An Evaluation of the National Justice Based After School Pilot Program” for the Office of Community Oriented Policing Services and a consultant for the Bureau of Justice Assistance evaluating the training needs of the Atlanta Police Department’s Narcotics Unit. She has authored articles and presented at numerous conferences. Dr. Rasor- Cordero is currently an associate professor for the College of Public Safety Administration, St. Petersburg College. She holds a Ph.D. in Education and master’s and Bachelor’s Degrees in Criminal Justice from the University of South Florida. She is a graduate of the Police Executive Research Forum Senior Management Institute for Police. SENIOR ASSOCIATE DEPUTY CHIEF WAYNE HILTZ (RET), B.S. Former Interim Chief of Police at Pasadena and Irwindale Police Departments BACKGROUND Wayne has 33 years of experience in municipal law enforcement. This includes a broad range of experience in nearly every facet of policing from patrol, gang enforce ment, and undercover narcotics to internal affairs investigations and community relations. The last 13 years were spent at command and executive levels. In his capacity as Deputy Police Chief, he served as the chief operating officer of the Pasadena Police Department, responsible for all day-to-day operations including internal audits and inspections. As well, he was responsible for operations related to the Tournament of Roses Parade and Rose Bowl events to include World Cup Soccer and BCS Championship games. For a period of nearly two years, he served in the capacity of Interim Chief of Police at both the Pasadena and Irwindale Police Departments. He has extensive experience in managing budgets and has served as a budget instructor for the California Commission on Peace Officer Standards and Training. He was selected by the Los Angeles County Police Chiefs Association to represent the 45 member agencies in negotiations for Homeland Security Grants for a three-year period. He also served as President of the San Gabriel Peace Officers Association. He has served on the boards of community-based organizations with focus on addressing homeless issues, substance abuse, and juvenile violence. Wayne holds a Bachelor of Science degree in Police Science and Administration from California State University at Los Angeles. Executive training includes the FBI Southwest Command College and the Senior Management Institute for Police. 7 SENIOR ASSOCIATE CHIEF MARILYN DIAZ (RET.), B.S., M.S. Retired Chief of Police, Sierra Madre, and Retired Commander, Pasadena, California Police Department. BACKGROUND In 1974 Marilyn Diaz began her career when she was hired as the first woman to be directly assigned as a patrol officer in the Pasadena Police Department. She promoted through the ranks, and in 2006 Marilyn retired as a Commander, where she led the Administrative Services and Field Operations Divisions. In March of 2006 Marilyn was appointed as Sierra Madre’s Chief of Police. Ch ief Diaz was the first woman in Los Angeles County to become chief of a municipal police department. Marilyn retired from the Sierra Madre Police Department in December 2011. Ms. Diaz has a master’s degree in Education from the University of Southern California, and earned her bachelor’s degree in Police Science at California State University, Los Angeles. Marilyn Diaz has served on the boards of Women at Work, Boy Scouts of America, Pacific Clinics, and the Caltech Women’s Club. Marilyn also serves as a docent for the Caltech Architectural Tour Service and is on the Caltech Women’s Club Board. Marilyn is President of the Rotary Club of Sierra Madre for 2013-2014. She also teaches Youth Protection at the Rotary District level. SENIOR ASSOCIATE CHIEF CRAIG JUNGINGER (RET), BS, MPA Retired Chief of Police, Gresham, Oregon, former Huntington Beach Police Captain BACKGROUND Chief Junginger had over 38 years’ experience as a law enforcement professional. He served as the Chief of the Gresham, Oregon Police since December 2008 until his retirement in June 2016. Gresham is a community with a population of 110,000 just to the east of Portland. He led a department of 130 sworn officers and 47 civilian employees, with a budget of $31 million. He also served on the board of the Oregon Police Chief’s Association. Chief Junginger began his career at the Bell-Cudahy Police department in 1979. He worked as a K-9 Officer, Detective, and Patrol Officer. In 1985 he transferred to the Huntington Beach Police Department where he remained until his retirement in November 2008. While at Huntington Beach, he was a Patrol Officer, Beach Detail Officer, Field Training Officer, SWAT Officer, Traffic Motor Officers, Community Policing Officer, and Narcotics Detective. In 1999 he promoted to Sergeant where he worked Patrol, Downtown Foot Beat, Support Services, Vice and Intelligence and Internal Affairs. He promoted to Lieutenant in 2003 and worked as the Community Policing Commander responsible for all major event planning, W atch Commander and as the Chief’s Executive Officer. In 2007 he promoted to the rank of Captain and was assigned to Administrative Operations consisting of Communications, Budget, Personnel, and Property and Evidence. He holds a master’s degree from California State University, Long Beach, a Bachelor’s Degree from University of La Verne and an Associate’s Degree from Rio Hondo Community College. 8 He attended the FBI National Academy Class 224 in Quantico Virginia, California Post Command College, West Point Leadership Program, POST Executive Development Program and the POST Supervisory Leadership Institute. While in Command College he was published for his article “How will we train police recruits of the millennial generation in the year 2012,” and as the Chief of Gresham he was published for an article he authored on leadership. He was awarded the Medal of Valor in 1989 for his encounter with an armed bank robber. SENIOR ASSOCIATE INSPECTOR JAMES E. MCCABE, (RET.), PH.D., M. PHIL., M.A., B.A. Professor of Criminal Justice, Sacred Heart University, Retired NYPD Inspector BACKGROUND Dr. McCabe retired as an Inspector with the New York City Police Department after 20 years of service. As Inspector his assignments included Commanding Officer of the NYPD Office of Labor Relations and Commanding Officer of the Training Bureau. As a Deputy Inspector he was the Commanding Officer of the Police Academy with direct supervision of over 750 staff officers and 2,000 recruits. As Executive Officer, Police Commissioner’s Office. His field experience includes, Commanding Officer, 110th Precinct, Executive Officer, 113th Precinct, assignment to the Operations Division/Office of Emergency Management and uniform patrol as on officer and Sergeant in Manhattan. He has published extensively and presented to numerous conferences including Academy of Criminal Justice Sciences: He holds a Ph.D. and M. Phil, in Criminal Justice, from CUNY Graduate Center, an M.A. in Criminal Justice, from John Jay College, an M.A. in Labor and Policy Studies, SUNY Empire State College, and B.A. in Psychology, CUNY Queens College, June 1989. He is a graduate of the Executive Management Program, Harvard University’s John F. Kennedy School of Government, and the FBI National Academy. SENIOR ASSOCIATE PROFESSOR PAUL E. O’CONNELL, PH.D., J.D. Chair of Criminal Justice Department, Iona College, New Rochelle, New York, former NYPD Training Officer. BACKGROUND Dr. O’Connell is a leading expert on the application of Compstat model Police Management principles to public administration organizations. He has been a full-time member of the Criminal Justice faculty at Iona College in New Rochelle since 1994. He recei ved his Ph.D. from CUNY where his doctoral thesis was the history and development of the Compstat model of Police Management. Dr. O’Connell began his professional career in criminal justice in 1981, serving the New York City Police Department first as a police officer, and then as a Police Academy instructor, in-service trainer, and curriculum developer. After receiving an MPA in 1984 and J.D. in 1989, he worked as a trial attorney with the firm of Cummings & Lockwood in Stamford, CT. Presently, he is the chair of Iona College’s Criminal Justice department, where he also conducts funded research, publishes scholarly papers and lectures widely on the topics of police performance measurement, integrity management and law enforcement training systems. 9 Dr. O’Connell has provided consulting services to a variety of government agencies, including assessment of existing policing policies and practices and development of proactive management strategies. Over the years, he has collaborated with the Center for Technol ogy in Government (Albany, NY), Giuliani Partners (New York, NY) and the Center for Society, Law and Justice (University of New Orleans). Dr. O’Connell recently was awarded a Fulbright Grant working with the Turkish National Police. SENIOR ASSOCIATE CHIEF DEMOSTHENES M. LONG (RET.), ED.D. JD, MA Former Assistant Chief of NYPD, Commanding Officer NYPD Police Academy, Former Deputy Commissioner / Undersheriff Westchester County Public Safety Department BACKGROUND Chief Long has 30 years law enforcement experience, including 21 years with The New York City Police Department where he retired as Assistant Chief. His assignments included Commanding Officer, School Safety Division, where he managed 4,600 police officers and school safety agents and administered an operating budget of $133 million. He served as Commanding Officer, Office of Deputy Commissioner Community Affairs where he was responsible for developing, implementing and assessing programs to strengthen police/community relations; Commanding Officer, Police Academy, responsible for providing entry-level, in-service, promotional and executive level training for 53,000 uniform and civilian members of the Department; Executive Officer, Office of the First Deputy Commissioner and Executive Of ficer, 47th Precinct and also assignment as Supervisor of Patrol for 17 Bronx Precincts, Transit Districts and Housing Police Service Areas. After retiring from the NYPD, he was appointed as First Deputy Commissioner / Undersheriff for the Westchester County Department of Public Safety. Responsibilities include the administrative planning, organization, coordination, execution, and control of the fiscal, administrative, support and training functions of the 325 member police department. He holds a Doctor of Education Degree in Executive Leadership from St. John Fisher College, a Juris Doctor Degree from New York Law School, and Master of Arts and Bachelor of Science degrees from John Jay College of Criminal Justice. SENIOR ASSOCIATE CAPTAIN JOHN CLARK (RET.), B.A. Los Angeles County Sheriff’s Department BACKGROUND John Clark served with the Los Angeles County Sheriff’s Department for over thirty-three years. His broad experience includes command, administrative, operational, and tactical assignments in Patrol, Detective, Custody, Court, and Administrative divisions. The last eight years were spent at command level posts. As Captain, he was in command of various units including internal investigations, financial and cybercrimes, custody operations and inmate transportation, responsible for the administrative and operational management of each. John also managed the Southern California High Tech Taskforce comprised of Federal, State, and local agencies as part of his command duties. 10 Throughout his career, John was a command and operations level member of a county-wide team responsible for managing all department resources during natural disasters, civil disturbances, and other high-profile events such as political conventions and sporting events. John was a member of the International Association of Financial Crimes Investigators, the Southern California Jail Managers Association, the Los Angeles Superior Court Management Group, and the San Gabriel Valley Peace Officers Association. He also served as an adjunct faculty member for a local community college. John holds a Bachelor of Arts in Criminal Justice from the California State University, Fullerton. 11 THE CPSM APPROACH The CPSM team developed a standardized approach to conducting analyses of police departments by combining the experience sets of dozens of subject matter experts. We begin projects with a request for data, documents, and worksheets. Next, we extract raw data on calls for service from an agency’s computer-aided dispatch system. The data are sorted and analyzed to identify performance indicators (i.e., response times, workload by time, multiple unit dispatching, etc.) for comparison to industry benchmarks. Performance indicators are valuable measures of agency efficiency and effectiveness . The findings are shown in tabular as well as graphic form and follow a standard format for presentation of the analyzed data. While the format will be similar from community to community, the data reported are unique to the specific agency. CPSM also conducts an on-site operational review. Here the performance indicators serve as the basis for the operational reviews. Prior to any on-site review, agencies are asked to compile several key operational documents (i.e., policies and procedures, assets lists, etc.). Most on-site reviews consist of interviews with management and supervisors, as well as rank and file officers; attendance at roll calls and ride-alongs with officers. We review case files with investigators and observe dispatch operations to assess compliance with the provided written documentation. As a result of on-site visits and data assessments, our subject matter experts produce a SWOT analysis (strengths, weaknesses, opportunities,and threats) of the department. We have found that this standardized approach ensures that we measure and observe all the critical components of agencies. Additionally, this methodology can be integrated with ongoing support customized to the unique needs of your community. Strategic planning, risk assessment, and training services are also available to assist with the implementation of CPSM recommendations and developing new processes and programs that may arise as implementation evolves. The following information describes the CPSM approach to studying, understanding, evaluating, and reporting on police departments around the country. Although no two police departments are the same, a standardized approach to department evaluation ensures a rigorous and methodological process that permits benchmarking, comparing, and assessing within the context of the best practices of American law enforcement. However, each locality has unique characteristics that present policing challenges. Integrating a standardized approach within the context of local variability permits an accurate assessment of the organization in its political environment, and further permits CPSM to offer recommendations that comport with the best practices in policing yet customized for the client community. I. Benchmark the Community It is essential to understand the service levels, protection needs, community dynamics, and overall environment within which the police department operates. The CPSM study may involve interviews directed at stakeholders in the community, which could include elected officials and employee labor representatives who would be contacted to solicit their opinions about the department, the public safety needs of their constituency, and the perceived gaps in service levels currently provided. CPSM may work with the agency to identify community members that can provide this important information. Additionally, the department will be compared to organizations of similar size with respect to crime, demographics, and cost-efficiency. 12 II. Patrol Operations Police agencies routinely speak about “recommended officers per 1,000 population” or a “National Standard” for staffing or comparisons to other municipalities. There are no such standards, nor are there “recommended numbers of “officer per thousand”. The International Association of Chiefs of Police (IACP) states; “Ready-made, universally applicable patrol staffing standards do not exist. Ratios, such as officers-per-thousand population, are totally inappropriate as a basis for staffing decisions.” Staffing decisions, particularly in patrol, must be made based upon actual workload and very few police agencies have the capability of conducting that analysis. Once an analysis of the actual workload is made, then a determination can be made as to the amount of discretionary patrol time that should exist, consistent with the local government’s ability to fund. CPSM’s team of doctoral level experts in Operations Research in Public Safety have created in The CPSM Patrol Workload & Deployment Analysis System© the ability to produce detailed information on workload even in those agencies without sophisticated management information systems. Using the raw data extracted from the police department’s CAD system our team converts calls for service into police services workload and then effectively graphs workload reflecting seasonally, weekday / weekend and time of day variables. Using this information, the police department can contrast actual workload with deployment and identify the amount of discretionary patrol time available (as well as time commitments to other police activities. Police service workload differentiates from calls for service in that calls for service are a number reflecting the incidents recorded. Workload is a time measurement recording the actual amount of police time required to handle calls for service from inception to completion. Various types of police service calls require differing amounts of time (and thus affect staffing requirements). As such, call volume (number of calls) as a percentage of total number of calls could be significantly different than workload in a specific area as a percentage of total workload. The graph below demonstrates this difference in units. CPSM has found that the most effective way to manage operations, including policing, is to make decisions based upon the interpretation and analysis of data and information. To achieve this, a data analysis of police department workload, staffing and deployment will be conducted. By objectively looking at the availability of deployed hours and com paring those to the hours necessary to conduct operations, staffing expansion and/or reductions can be determined and projected. Additionally, the time necessary to conduct proactive police activities (such as team-led enforcement, directed patrol, community policing and selected traffic enforcement) will be reviewed to provide the city with a meaningful methodology to determine appropriate costing allocation models. Workload vs. Calls for Service (CFS) CFS is a number – Workload is the cumulative time it takes to handle the call for service, including all responding officers. A burglary if one call for service. However, if three officers respond and two are there for an hour and the third is there for 30 minutes the Workload is 2 ½ hours. Once an analysis of the actual workload is made, then a determination can be made as to the amount of discretionary patrol time that should exist. Workload vs. deployment analysis sample This is one of the ways we show the amount of available, non-committed patrol time compared to workload. As you can see, we break out the various activities, convert them to time and then compare to available manpower. The deployment is based upon actual hours worked. So, in this example, at noon there are approximately 9 hours of work (including citizen-initiated and officer-initiated calls for services, including traffic) and administrative activities (meals, 13 vehicle, reports, etc.). There are approximately 15 man-hours of available resources meaning that at that hour, on average, of the 15 officers on duty 9 are busy on activities. The area shown in green, and brown is uncommitted time. This is the area where staffing decisions impact – it becomes a policy issue as to how much uncommitted time a city wants and is willing to pay for. 14 Figure 7: Deployment and Main Workload, Weekdays, Summer Hour 2321191715131197531 20 15 10 5 0Personnel P a tro l Dire cte d p a tro l wo rk O ut-o f-s e rvice wo rk P o lice -initia te d wo rk O th e r-in itia te d wo rk Figure 8: Workload Percentage by Hour, Weekdays, Summer 2220181614121086420 100 80 60 40 20 0 HourPercentage Workload vs. Deployment – Weekdays, Summer Avg. Workload: 6.5 officers per hour Avg. % Deployed (SI): 57 percent Peak SI: 89 percent Peak SI Time: 6:15 a.m. 15 The CPSM study will result in the calculation of service demands placed on the department, workload levels, service times for calls for service, and response times. This information is developed by first extracting data from the departments CAD system. The extracted information is then processed, and workload is calculated. This workload is then compared to deployment levels. The product of this analysis is the variance between service demands and available personnel, and appropriate recommendations made for staffing levels and an optimal deployment schedule to meet these service demands. This permits exploration of the following questions: ▪ What are the service demands made by the public as measured through the CAD system ? ▪ What is the workload? ▪ Based on this workload is the alignment of Districts and Divisions appropriate? ▪ Based on the workload is the shift schedule aligned appropriately and what alternatives to the current shift plan are most efficient? ▪ How many police officers and supervisors are needed to staff the patrol function to meet the workload demands placed on the agency? ▪ How long does it take to respond to calls for service (both response time and total time) and what ways are there to reduce these times? ▪ How many officers are assigned to each call and what are the ways to minimize these assignments? ▪ What categories of call, and in what frequency, does the agency handle and what measures can be adopted to minimize unnecessary responses? ▪ How much time is spent on administrative duties? ▪ How much time is spent on directed patrol activities and specialized enforcement? The study will determine the gaps in patrol coverage and recommendations for modifying temporal and spatial deployment. With the appropriate “best fit” of patrol coverage identified, a determination can be made about the exact number of officers required to meet service demands, and in what shift/district/division combinations to maximize resources. In addition to the analysis of patrol operations from the C AD system and workload, the CPSM study will focus on the qualitative aspects of patrol. The study will observe officers on patrol through ride-alongs, interviews, and general observations. We will amass all available documents, plans, and data available to understand the patrol approach in the department. We will observe the special operations teams, the problem/nuisance unit, etc. to evaluate their role within the overall mission of the department and patrol operations. We will evaluate the performance of the units, identify improvement opportunities, and justify and recommend appropriate staffing levels The CPSM study will also evaluate the implementation of technology on patrol, weapons available, and equipment used with opportunities for improvement. CPSM advocates community policing as its operational philosophy. The CPSM study would evaluate the implementation of community policing, in quantifiable and anecdotal terms, and identify improvement opportunities where appropriate. Similarly, the CPSM study would evaluate the relationship of patrol operations with the rest of the department. To what extent does this bureau work, coordinate, and communicate with the other operational and support functions of the department? How should it? What are the strategic, management, and planning functions of the department with regards to the patrol function and how does patrol operations respond to the mission of the organization? How are crime, traffic, disorder, and quality of life problems handled? 16 III. Investigations The CPSM study will assess investigations – both reactive and proactive. The CPSM team will explore the following questions: ▪ Staffing – Are there enough investigators available to handle the workload? ▪ Workload – What is the workload; how many cases do investigators handle; is the specialization appropriate? ▪ Case management – Is there an effective case management system in place? ▪ Effectiveness & Efficiency – How much time does it take to investigate cases? Are victims kept informed? Are cases cleared and offenders held accountable? How much overtime is spent? ▪ Intelligence – How is intelligence gathered and disseminated (inside and outside the department)? Does the investigations function make use of intelligence? ▪ Civilianization opportunities – What are the potential areas for civilianization? ▪ Technological opportunities – Is technology being leveraged to improve investigations? ▪ Crime scene – Are crime scenes being processed efficiently, and are appropriate follow- up investigations being conducted? ▪ Proactive Investigations – the same approach and inquires found in sections above are applied to each specialized investigative unit in the department. - Narcotics - Violent Offenders - Warrants and Fugitives - Bombings and Arson - Fraud/Cyber crimes - All other specialized investigations units CPSM will essentially evaluate each investigative unit operating in the agency. This evaluation will assess the performance of the unit, how the unit operates within the overall mission of the department, compare operations to best practices in law enforcement, identify improvement opportunities, and identify appropriate staffing levels. IV. Administration and Support Once again, CPSM will evaluate every administrative and support unit in the police department. This evaluation will involve: ▪ Staffing. ▪ Workload. ▪ Civilianization possibilities. ▪ Cost saving opportunities. ▪ Out-sourcing opportunities. Best practice comparisons and opportunities for improvement. The CPSM team has subject matter experts in police management and administration and will explore administration and support activities in the area of professional standards (Internal investigations, hiring and recruitment, disciplinary system, promotional system), training (both academy and in-service), records management, evaluating the critical, frequent, and high liability policies, facility, fleet, equipment, information technology, property management system, laboratory, planning and research, sick-time management, overtime, communications and dispatch, etc. 17 In general, we look at every unit identified as a discrete operational/support entity for the following: ▪ Describe the functions of the unit. ▪ Evaluate the performance of the unit. In most cases this is quantitative; evaluation, but in units not appropriate for quantification, a qualitative evaluation is provided. ▪ Identification of improvement opportunities ▪ An evaluation and justification, and recommendation for appropriate staffing levels. V. Organizational Culture During the operational evaluation described above, organizational “themes” emerge. What does the department “think” about providing police service to the community and how does this thinking align with the stated mission and department policies? How does the department interact with the community and internally with its own members? In general, what is the culture of the organization? The culture of a police organization reflects its members and the community it serves. Through focus groups, interviews, and observations, the CPSM team will evaluate operational readiness and need. This part of the CPSM study is critical to the overall success of the project as it provides a better understanding of the police department and how the workl oad, staffing, and community dynamics shape the mission, goals, operations, and needs of the organization. In addition, as an option, every member of the department can be given the opportunity to participate in an anonymous survey. This survey is designed to understand the culture of the department, assess internal and external communications, and determine what it “thinks” about various elements of organizational life. VI. Organizational Structure and Administration Based on the above, we can analyze current management structure and practice and make recommendations to improve organizational administration. The product of this analysis is a proposed staffing mode. The product of this analysis also generally ends up with a leaner, flatter, and more efficient organizational design. VII. Performance Management The overarching philosophy of the CPSM approach is to evaluate the police department in terms of performance management. Identifying workload, staffing, and best practices is just the beginning. It is also important to assess the organization’s ability to carry out its mission. Essentially, does the police department know its goals, and how does it know they are being met. It is very difficult for an organization to succeed at any given level of staffing unless it has a clear picture of success. How does the department “think” about its mission, how does it identify and measure what’s important to the community, how does it communicate internally and externally, how does it hold managers accountable, and how does it know the job is getting done? The CPSM team will evaluate the department and make recommendations to assist with improving capacity in this area, if necessary. In addition, CPSM can offer performance management training and mentoring services to support organizational success. VIII, Review of 21St Century Policing Report implementation Focused review and report on Department’s implementation, compared to other agencies, based on BMP’s, of the six pillars of the Task Force Report on 21st Century Policing (public trust and legitimacy, policy and oversight, technology and social media, community policing and crime reduction, training and education, and officer safety and wellness) as well as the 29 recommendations related to those pillars in the report. 18 PROJECT SCHEDULE Milestone 1 – Full execution of the agreement Agreement will identify Project Launch date. Milestone 2 – Project Launch We will conduct an interactive telephone conference with local government contacts. Our project leads will launch the project by clarifying and confirming expectations, detailing study parameters, identifying agency point of contacts and commencing information gathering. Milestone 3a – Information Gathering and Data Extraction – 30 Days Immediately following project launch, the operations leads will deliver an information request to the department. This is an extensive request which provides us with a detailed understanding of the department's operations. Our experience is that it typically takes an agency several weeks to accumulate and digitize the information. We will provide instructions concerning uploading materials to our website. When necessary, the lead will hold a telephone conference to discuss items contained in the request. The team lead will review this material prior to an on-site visit. Milestone 3b – Data Extraction and Analysis – 14 Days Also, immediately following the project launch the Data Lead will submit a preliminary data request, which will evaluate the quality of the Computer Aided Dispatch (CAD) system data. This will be followed by a comprehensive request for data from the CAD system to conduct the response and workload analysis. This request requires a concerted effort and focused response from your department to ensure the timely production of required for analysis. Delays in this process will likely extend the entire project and impact the delivery of final report. The data team will extract one year’s worth of Calls for Service (CFS) from the CAD system. Once the Data Team is confident the data are accurate, they will certify that they have all the data necessary to complete the analysis. Milestone 3c – Data Certification – 14 days Milestone 4a – Data Analysis and Delivery of Draft Data Report – 30 days Within thirty days of data certification, the analysis will be completed and a draft, unedited data report will be delivered to the department for review and comment. After the data draft report is delivered, an on-site visit by the operations team will be scheduled. Milestone 4b – Departmental Review of Draft Data Report – 14 days The department will have 10 days to review and comment on the draft unedited data analysis. During this time, our Data team will be available to discuss the draft report. The Department must specify all concerns with the draft report at one time. Milestone 4c – Final Data Report – 10 days After receipt of the department's comments, the data report will be finalized within 10 days. Milestone 5 – Conduct On-Site Visit – 30 days Subject matter experts will perform a site visit within 30 days of the delivery of the draft data report. Milestone 6 – Draft Operations Report – 30 days Within 30 days of the last on-site visit, the operations team will provide a draft operations report to the department point of contact. Again, the department will have 10 days to review and comment. Milestone 7 – Final Report 15 days Once the Department’s comments and concerns are received by CPSM the combined final report will be delivered to the City within 15 days. TOTAL ELAPSED TIME: 105 – 135 days 19 PROPOSED FEES The quotation of fees and compensation shall remain firm for a period of 90 days from this proposal submission. CPSM will conduct the analysis of the police department for $52,500 exclusive of travel. The project would be billed in three installments: 40% upon contract signing; 40% with delivery of the draft police data analysis; and the remaining 20% with delivery of the draft final report. Following delivery of the draft reports, the City will have 30 days to provide comments as to accuracy, and a final report will be delivered within 30 days of the comment period. Travel expenses will be billed as incurred at actual cost with no overhead or administrative fees applied. NOTE: If the chief administrative officer is a member of ICMA, the fee – exclusive of travel costs – will be reduced by 10% to $47,250. Deliverables Draft reports will be provided for department review in electronic format. To be ecologically friendly, CPSM will deliver the final report in computer readable material either by email, CD or both. The final reports will incorporate the operational as well as data analysis. Should the municipality desire additional copies of the report, CPSM will produce and deliver whatever number of copies is requested, which will be invoiced at cost. Should the local government desire additional support, virtual or in-person presentation of findings, CPSM will assign staff for such meetings at a cost of $2,500 per day/per person plus travel expenses. CONCLUSION Part of ICMA’s mission is to assist local governments in achieving excellence through information and assistance. Following this mission, Center for Public Safety Management, LLC acts as a trusted advisor, assisting local governments in an objective manner. CPSM’s experience in dealing with public safety issues combined with its background in performance measurement, achievement of efficiencies, and genuine community engagement, makes CPSM a unique and beneficial partner in dealing with issues such as those being presented in this proposal. We look forward to working with you soon. 20 PAST & CURRENT ENGAGEMENTS LOCALITY ST PROJECT DESCRIPTION Edmonton AB Comprehensive Analysis of Fire Services. Leduc County AB Fire Consolidation Plan Leduc AB Comprehensive Analysis of Fire Services. Kenai AK Comprehensive Analysis of Fire Services Anniston AL Comprehensive Analysis of Police Services Auburn AL Comprehensive Analysis of Fire Services Auburn AL Comprehensive Analysis of Police Services Dothan AL Comprehensive Analysis of Police Services Pelham AL Police Chief Selection Casa Grande AZ Comprehensive Analysis of Police Services Florence AZ Comprehensive Analysis of Police Services Glendale AZ Fire Data Analysis Lake Havasu City AZ Comprehensive Analysis of Police Services Lake Havasu City AZ Comprehensive Analysis of Fire Services Pinal County AZ Comprehensive Analysis of Sheriff’s Office Pinal County AZ Sheriff’s Office Firearms Audit Prescott AZ Comprehensive Analysis of Fire Services Prescott AZ Comprehensive Analysis of Police Services Queen Creek AZ Fire Standards of Coverage Study Queen Creek AZ Police Strategic Plan Queen Creek AZ Comprehensive Analysis of Fire services Scottsdale AZ Comprehensive Analysis of Police Services Tucson AZ Comprehensive Analysis of Police Services Youngtown AZ Comprehensive Analysis of Police Services Alameda CA Comprehensive Analysis of Fire Services Alameda CA Comprehensive Analysis of Police Services Burbank CA Analysis of Investigations Workload / Staffing Carlsbad CA Comprehensive Analysis of Police Services Culver City CA Comprehensive Analysis of Police Services El Centro CA Comprehensive Analysis of Police Services El Centro CA Comprehensive Analysis of Fire services Fairfield CA Comprehensive Analysis of Police Services Greenfield CA Comprehensive Analysis of Police Services Hermosa Beach CA Comprehensive Analysis of Fire services Hermosa Beach CA Comprehensive Analysis of Police Services Huntington Park CA Comprehensive Analysis of Police Services 21 Indio CA Police Patrol Workload Analysis Kern County CA Comprehensive Analysis of Fire Services Laguna Woods CA Review of Sheriff’s Office Service Laguna Woods CA Review of Sheriff’s Office Service 2017 Laguna Woods CA Review of Sheriff’s Office Service 2019 Milpitas CA Comprehensive Analysis of Police Services Morgan Hill CA Comprehensive Analysis of Police Services Morgan Hill CA Comprehensive Analysis of Fire Services Palm Desert CA Comprehensive Analysis of Fire Services Palo Alto CA Comprehensive Analysis of Fire Services Pasadena CA Police Patrol Workload Analysis Placentia CA Comprehensive Analysis of Police Services Placentia CA Fire Services Contract Analysis Rohnert Park CA Comprehensive Analysis of Police Services Salinas CA Comprehensive Analysis of Police Services Salinas CA Comprehensive Analysis of Fire Services San Diego County CA EMS Study San Jose CA Fire Study Review San Jose CA Police Study Review San Mateo CA Dispatch Operations Review Santa Ana CA Comprehensive Analysis of Police Services Santa Clara CA Comprehensive Analysis of Police Services Santa Cruz CA Comprehensive Analysis of Police Services Santa Monica CA Police Chief Selection Santa Rosa CA Performance Measurement Analysis Stockton CA Comprehensive Analysis of Police Services Stockton CA Comprehensive Analysis of Fire Services Torrance CA Police Strategic Plan Torrance CA Comprehensive Analysis of Police Services Union City CA Comprehensive Analysis of Fire Services Whittier CA Comprehensive Analysis of Police Services Woodlands CA Police Chief Selection Yuba City CA Comprehensive Analysis of Fire Services Yuba City CA Comprehensive Analysis of Police Services Federal Heights CO Comprehensive analysis of Police Services Federal Heights CO Comprehensive analysis of Fire Services Littleton CO Comprehensive Analysis of Fire Services Littleton CO Review of Fire Consolidation Proposal Steamboat Springs CO Comprehensive Analysis of Fire Services Cheshire CT Police Management Review Southington CT Comprehensive Analysis of Fire Services Bethany Beach DE EMS Apparatus Review 22 Bethany Beach DE EMS Review S. Bethany Beach DE Police Department Review Dover DE Comprehensive Analysis of Police Department Dover DE Comprehensive Analysis of Fire Services Alachua FL Expert Witness Law Enforcement Issues BCCMA FL Review of Broward Sheriff’s Office Services Tamarac FL Analysis of Sheriff’s Contract Services Inverness FL Comprehensive Analysis of Fire Services Citrus County FL Comprehensive Analysis of Fire Services Cocoa FL Comprehensive Analysis of Police Services Coconut Creek FL Comprehensive Analysis of Police Services Delray Beach FL Comprehensive Analysis of Police Services Delray Beach FL Comprehensive Analysis of Fire Services Dunedin FL Police Consolidation Review Hollywood FL Police Internal Affairs Review Indian River Shores FL Public Safety Staffing Analysis Indian River Shores FL Public Safety Study Jacksonville Bch FL Police Chief Selection Jupiter Island FL Public Safety Department Review Jupiter FL Police and Fire Hobe Sound FL Public Safety Consolidation Kenneth City FL Comprehensive Analysis of Police Services Miami Beach FL Comprehensive analysis of Fire Services Naples FL Presentation North Port FL Comprehensive Analysis of Police Services Orange County FL Dispatch Center Staffing Study Parkland FL City Safety & Security Review Pasco County FL Sheriff’s Budget Review Land O’ Lakes FL Comprehensive analysis of Fire Services New Port Richey FL Sheriff Budget Analysis Pompano Beach FL Comprehensive Analysis of Police Services Venice FL Comprehensive Analysis of Fire Services Alpharetta GA Comprehensive Analysis of Fire Services Alpharetta GA Comprehensive Analysis of Police Services Bulloch County Camden County GA GA Comprehensive Analysis of Fire Services Police Consolidation Study Camden County GA Comprehensive Analysis of Fire Services Camden County GA Fire Consolidation Study Kingsland GA Comprehensive Analysis of Fire Services Kingsland GA Fire Consolidation St Marys Woodbine GA Police Consolidation Study Garden City GA Preliminary Analysis Public Safety Merger 23 Johns Creek GA Analysis of Fire Services Kingsland GA Fire Consolidation Study Roswell GA Comprehensive Analysis of Police Department Roswell GA Police Chief Selection Sandy Springs GA Comprehensive Analysis of Police Department St. Marys GA Fire Consolidation Study Ankeny IA Police Chief Selection Boone IA Public Safety Consolidation Boone IA Performance Measurement of Municipal Hayden ID Comprehensive Analysis of Police Services Jerome ID Analysis of Police Services Algonquin IL Performance Measurement Analysis Glenview IL Comprehensive Analysis of Police & Fire Services Glenview IL Comprehensive Analysis of Police Services Glenview IL Dispatch Operations Review Highland IL Comprehensive Analysis of Fire Services Highland Park IL Comprehensive Analysis of Fire Consolidation Highwood IL Comprehensive Analysis of Fire Consolidation Lake Bluff IL Analysis of Fire Consolidation Lake Bluff IL Fire Data Review Lake Forest IL Analysis of Fire Consolidation Lake Zurich IL Comprehensive Analysis of fire services Naperville IL Workload, Staffing & Schedule Design Roseville IL Comprehensive Analysis of Police Services Skokie IL Comprehensive Analysis of Police Services St. Charles IL Police Staffing Review Western Springs IL Comprehensive Analysis of Police Services Indianapolis IN Police Workload & Deployment Services Plainfield IN Comprehensive Analysis of Police Services Topeka KS Preliminary review of Fire Department Pikeville Northborough KY MA Comprehensive Analysis of Fire Services Comprehensive Analysis of Police Services Northborough MA Comprehensive Analysis of Fire Services Cambridge MD Performance Measurement Study Annapolis MD Comprehensive Analysis of Police Services Ocean City MD Dispatch Operations Review Rockville MD Comprehensive Analysis of Police Services Lewiston Ann Arbor ME MI Comprehensive Analysis of Fire Services Comprehensive Analysis of Fire Services Auburn Hills MI Comprehensive Analysis of Fire Services Auburn Hills MI Comprehensive Analysis of Police Services Benton Harbor MI Public Safety Consolidation 24 Chesterfield MI Comprehensive Analysis of Police Services Charlevoix MI EMS Study Lansing MI Comprehensive Analysis of Police Services Lansing MI Comprehensive Analysis of Fire Services Delta Township MI Comprehensive Analysis of Fire Services Delta Township MI Comprehensive Analysis of Police Services Detroit Public Schools MI Police Department Review Douglas MI Comprehensive Analysis of Police Services Flint MI Comprehensive Analysis of Fire Services Flint MI Comprehensive Analysis of Police Services Green Lake Twp. MI Comprehensive Analysis of Fire Services Grand Rapids MI Comprehensive Analysis of Police Services Grand Rapids MI Comprehensive Analysis of Fire Services Kingsley MI Comprehensive Analysis of Fire Services Hamtramck MI Comprehensive Analysis of Police Services Interlochen MI Comprehensive Analysis of Fire Services Grand Traverse MI Comprehensive Analysis of Fire Services Grosse Pointe Park MI Public Safety Consolidation Grosse Pointe MI Public Safety Consolidation Hamtramck MI Police Study Grand Blanc MI Comprehensive Analysis of Fire Services Grand Rapids MI Comprehensive Analysis of Police & Fire Services Grand Rapids MI Analysis of Police Services Consolidation Kentwood MI Analysis of Fire Services Consolidation Flint MI Comprehensive Analysis of Police Services Flint MI Comprehensive Analysis of Fire Services Mott College MI Comprehensive Analysis of Police Services Novi MI Comprehensive Analysis of Police Services Novi MI Comprehensive analysis of Fire Services Kalamazoo MI Police Workload / Contract for Services Analysis Oshtemo Twp. 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Kalamazoo MI Fire Services Review Vicksburg MI Financial Analysis of Fire Authority Saint Joseph MI Public Safety Consolidation Sturgis MI Public Safety Analysis Troy MI Comprehensive Analysis of Police Services Troy MI Review of Fire Administration and Inspections Wyoming MI Comprehensive Analysis of Police Services 2012 Wyoming MI Comprehensive Analysis of Fire Services 2012 Wyoming MI Comprehensive Analysis of Police Services 2009 Wyoming MI Comprehensive Analysis of Fire Services 2009 Forest Lake Mankato MN MN Comprehensive Analysis of Police Services Public Safety Study Moorhead MN Comprehensive Analysis of Fire Services North St. Paul MN Public Safety Strategic Plan Saint Cloud MN Police Strategic Planning Review Saint Cloud MN Comprehensive Analysis of Police Services Stearns County MN Comprehensive Analysis of Sheriff’s Office Brentwood MO Comprehensive Analysis of Police Services Hazelwood MO Fire / EMS Analysis Osage Beach MO Comprehensive Analysis of Police Services Saint Louis MO Comprehensive Analysis of Fire Services Saint Louis MO Comprehensive Analysis of Police Services Saint Louis MO Standard of Response / risk assessment Bozeman MT Fire Protection Master Plan Kalispell MT EMS Study Bald Head Island NC Public Safety Staffing Review Bald Head Island NC Public Safety Consolidation Chapel Hill NC Comprehensive Analysis of Police Services Cornelius NC Fire Consolidation Study Davidson NC Fire Consolidation Study Greenville NC Comprehensive Analysis of Fire Services Hickory NC Comprehensive Analysis of Fire Services Huntersville NC Comprehensive Analysis of Fire Services Matthews NC Comprehensive Analysis of Police Services Oxford NC Comprehensive Analysis of Fire Services Oxford NC Comprehensive Analysis of Police Services Rocky Mount NC AED Grant assistance Rocky Mount NC Comprehensive Analysis of Police Services Grand Island NE Comprehensive Analysis of Police Services Grand Island NE Comprehensive Analysis of Fire Services South Sioux City NE Fire Services Strategic Plan Exeter NH Comprehensive Analysis of Fire Services 26 Exeter NH Comprehensive Analysis of Police Services East Brunswick NJ EMS Study Oradell NJ Comprehensive Analysis of Police Services Paterson NJ Review of Police Services South Orange NJ Comprehensive Analysis of Police Services Trenton Westwood NJ NJ Comprehensive Analysis of Fire Services Comprehensive Analysis of Police Services Bernalillo NM Comprehensive Analysis of Fire Services Las Cruces NM Comprehensive Analysis of Fire Services Las Cruces NM Comprehensive Analysis of Police Services Ruidoso NM Comprehensive Analysis of Police Services Boulder City NV Police Organizational Study Henderson NV Comprehensive Analysis of Police Services Las Vegas NV Comprehensive Analysis of Fire Services North Las Vegas NV Fire Workload Analysis Reno NV Comprehensive Analysis of Fire Services Briar Cliff Manor NY Analysis of police consolidation Canandaigua NY Regional Fire Services Study Garden City NY Comprehensive Analysis of Fire Services Garden City NY Comprehensive Analysis of Police Services Garden City NY Patrol Workload Analysis Update Long Beach NY Comprehensive Analysis of Fire and EMS services Oneonta NY Comprehensive Analysis of Fire and EMS services Oneonta NY Fire Apparatus Review Orchard Park NY Comprehensive Analysis of Police Services Ossining NY Analysis of police consolidation Ossining Town NY Analysis of police consolidation Rye NY Police Chief Selection Steuben County Watertown NY NY Comprehensive Analysis of EMS Comprehensive Analysis of Fire Services Cincinnati OH Police Dispatch Review Dayton OH Police Internal Affairs Review Huron OH Comprehensive Analysis of Police Services Huron OH Comprehensive Analysis of Fire Services Independence OH Comprehensive Analysis of Police Services Independence OH Comprehensive Analysis of Fire Services Sandusky OH Fire Study Sandusky OH Police Study Broken Arrow OK Comprehensive Analysis of Police Services Broken Arrow OK Comprehensive Analysis of Fire Services Edmond OK Comprehensive Analysis of Police Services Jenks OK Comprehensive Analysis of Police Services 27 Jenks OK Comprehensive Analysis of Fire Services Muskogee OK Comprehensive Analysis of Police Services Tulsa OK Comprehensive Analysis of Fire Services Bend OR Comprehensive Analysis of Police Services Forest Grove OR Police Planning Study Grants Pass OR Comprehensive Analysis of Fire Services Grants Pass OR Comprehensive Analysis of Police Services Grants Pass OR Public Safety Strategic Plan Development Ontario OR Comprehensive Analysis of Police Services Ontario OR Comprehensive Analysis of Fire Services Medford OR Comprehensive Analysis of Fire Services Cumru Twp. 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Summary: The City is exploring opportunities to renovate the existing Public Safety Facility or build new through the CMAR process. The CMAR process will better allow the City to control costs, define a finished product, and work collaboratively with a professional team of architects, engineers, and construction manager from start to finish. To utilize the CMAR process, State law requires the City to adopt a Resolution establishing the procedures for CMAR projects. The Resolution establishes procedures related to the CMAR process such as minimum qualifications, request for proposals process and evaluation criteria, and proposal requirements. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: December 14, 2021 Subject: Construction Manager-At-Risk (CMAR) Presenter(s): Jacob Meshke, Assistant City Manager Dick Strassburg, Owner’s Representative Summary: The City is exploring opportunities to renovate the existing Public Safety Facility or build new through the CMAR process. The CMAR process will better allow the City to control costs, define a finished product, and work collaboratively with a professional team of architects, engineers, and construction manager from start to finish. To utilize the CMAR process, State law requires the City to adopt a Resolution establishing the procedures for CMAR projects. The Resolution establishes procedures related to the CMAR process such as minimum qualifications, request for proposals process and evaluation criteria, and proposal requirements. Background: The City’s Public Safety Facility was constructed in the 1960’s with an addition put on in the 1980’s. After observing a number of issues with the building’s infrastructure (plumbing system, HVAC, electrical, and roof), the City hired a facility consultant to analyze needs. As a result of that analysis, it was estimated that the Public Safety Facility would need between $1.5 million and $2 million of investment over the next ten (10) years to maintain operations. After considering the amount of investment required and the lack of functionality of the space in its current form, the City is exploring options to renovate the current facility or build new. Due to the sophistication and specialization of the facility, the City opted to go with a CMAR process as opposed to the more traditional design-bid-build. The CMAR process will better allow the City to control costs, define a finished product, and work collaboratively with a professional team of architects, engineers, and construction manager from start to finish. To assist with the CMAR process, the City selected Tegra Group as an owner’s representative through a competitive Request for Proposals process. As the owner’s representative, Tegra Group will assist the City in navigating the CMAR process as an expert and advocate. Item Details: To utilize the CMAR process, State law requires the City to adopt a Resolution establishing the procedures for CMAR projects. The Resolution before City Council was drafted as a collaborative effort between City staff, City Attorney Steve Britzman, and Dick Strassburg of Tegra Group. Dick Strassburg was instrumental in assisting the City of Sioux Falls in 2010 in obtaining approval from the State of South Dakota Attorney General to utilize the CMAR construction delivery method. The Denny Sanford Premier Center was one of the initial projects in the state to utilize this method. As of late, Minnehaha County, Clay County, City of Rapid City and the City of Watertown are among the public entities that are utilizing the CMAR process. The Resolution establishes procedures related to the CMAR process such as minimum qualifications, request for proposals process and evaluation criteria, and proposal requirements. The Resolution is a prerequisite to further action should the Council desire to utilize the CMAR process. Adopting the Resolution does not constitute a commitment to proceed with the Police Facility Improvements. Below is a tentative timeline of key dates for the project: December 14, 2021 – CMAR Resolution Approved January 2022 – Request for Proposals for Design/Engineering Services January 2022 – Request for Proposals for Construction Management Services March/April 2022 – Award Design/Engineering and Construction Management Services Summer 2022 – Recommendation on build new/remodel, initial cost estimates, and conceptual design Legal Consideration: City Attorney Steve Britzman has assisted with drafting and reviewed the resolution. Strategic Plan Consideration: Fiscal Responsibility – limits the City’s future liability for costly repairs. Safe, Inclusive, and Connected Community – addresses Goal 1: Police Facility Improvements Service and Innovation Excellence – A renovated or new facility would provide increased functionality for Police operations. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss/ Take no action / Table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Resolution 21-113 A Resolution Establishing Procedures for City of Brookings Construction Manager-At -Risk Projects Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Section 1. Purpose In order to comply with State law requirements for construction manager-at-risk (“CMAR”) projects, the City of Brookings adopts these procedures and will select CMAR firms to provide construction management services for authorized projects in accordance with the following procedures: Section 2. Findings and Determinations The City of Brookings makes the following determinations: a. It is in the City’s interest to utilize the services of a construction manager for the renovation or replacement of the Brookings Police Department Building; and b. That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts concerning the renovation or replacement of the Brookings Police Department Building; and c. The construction manager shall be a CMAR and be solicited through a qualification-based request for proposals method of procurement as provided in SDCL § 5-18B-44. The CMAR, for any actual construction contracted by the CMAR to be performed on the project shall provide payment and performance bonds and competitive bids for the work as required by any statute governing bidding and bonding for public improvement projects. Section 3. Definitions For purposes of these procedures, the following definitions apply: a. “City” means the City of Brookings. b. “CMAR” means construction manager-at-risk c. “Department” is defined as any department of the City of Brookings, including the Swiftel Center. d. “Firm” is defined as any individual, firm, partnership, corporation, asso ciation, joint venture, or other legal entity permitted by law to practice construction contracting in the State of South Dakota. e. “Project” is defined as that project described in the public announcement. Section 4. Minimum Qualification Requirements for Firms Providing CMAR Services Firms providing CMAR services shall be registered with the Department of Revenue prior to contract award. Where required by State law, the CMAR shall be able to provide construction management services by licensed or registered individuals. Section 5. Public Announcement Procedures Except in emergency situations, the Department will publish an announcement in accordance with SDCL §5-18B-1. The announcement will set forth a general description of the project requiring construction management services and will define the time frame and procedures for interested qualified firms to apply for consideration. The public announcement will further state whether construction management firms will be pre- qualified for the project. Section 6. Request for Proposals (1) The City will prepare a Request for Proposal (“RFP”). The RFP developer may be either a private firm retained by the City or may be a staff member of the City. The RFP developer is prohibited from being part of the bidding entity. The RFP may include the following: Background and Description of the project Preliminary Project Schedule Outline of CMAR Best Value selection process and timeline Detailed description of the scope of services for each phase of the project RFP evaluation criteria and requirements of RFP response (2) The purpose of the RFP is to furnish sufficient information for firms to prepare qualitative proposals and price proposals. The firm submitting the successful proposal shall develop a detailed proposal based on the criteria in the RFP. All Requests for Proposals shall also comply with the City’s Purchasing Policy Guide. Section 7. Evaluation Criteria for Shortlisting Construction Management Firms The City’s selection committee will review proposals from all candidate firms and shortlist no more than three firms who will be invited to be interviewed. Shortlisting will be based the following qualifications: a. Company background b. Applicable and relevant experience and education of proposed key team members c. Team / personnel experience working together and on similar projects d. Project approach including working in South Dakota on CMAR projects for public sector clients e. Demonstrated knowledge of the local and regional subcontractor market To be considered for the shortlist selection, the firm must demonstrate the ability to provide a performance and payment bond as described in the RFP. Section 8: Criteria for Selecting Construction Manager Firm The City’s selection committee will rely on the information contained and presented in the proposals, interviews, and reference checks in making the decision to select the best value and the most qualified firm to provide services for this project. Selection criteria will be based on: a. Experience, qualifications, and availability of proposed team leaders b. Broader team structure c. History of project team working together d. Technical work process e. Proposal, interview and response f. Price Proposal Section 9. Construction Manager-at-Risk Proposal Requirements (1) The RFP shall outline proposal submittal requirements including but limited to the following: a. Letter signed by an individual authorized to commit the proposed team to the scope of work proposed consortiums, joint ventures, or teams submitting proposals must establish contractual responsibility solely with one company or one legal entity. Each submittal should indicate the entity responsible for execution on behalf of the proposal team. b. Identification of proposed team members with proposed roles and responsibilities. c. Project approach and management capabilities. d. Relevant project experience e. Statement from a surety company authorized to do business in South Dakota indicating the firm(s) bonding capacity and ability to obtain a performance and payment bond in the amount specified in the RFP. f. Certification statement that proposal response will remain in effect for 30 days, and all representations stated in the Response to RFP are true and accurate, and acknowledge that all costs associated with preparation of the Response to RFP will be the responsibility of the proposing CMAR. (2) Each firm submitting a proposal shall submit a Qualitative Proposal and a Price Proposal. Proposals shall be segmented into two packages; Qualitative Proposal. A qualitative proposal shall include management plan, schedule, and other data requested in response to the RFP. Qualitative proposals shall be submitted in a sealed package, which identifies the project and the construction management firm on the outside of the package. Each firm shall place the words “QUALITATIVE PROPOSAL” on the outside of the package. Price Proposal. Price proposals shall include CMAR fee per phase of the project, a detailed description of management staff general conditions, a detailed description of certain reimbursable general conditions and other cost related questions that pertain the performance of the requested scope of services. Each firm shall submit its price proposal in a separate sealed package. Each firm shall place the words “PRICE PROPOSAL” on the outside of the package. Section 10. Negotiating Owner / Construction Manager at Risk Agreement and Preservation of Confidential Information The procedures for negotiations between the City of Brookings and those submitting proposals prior to the acceptance of a proposal are as follows: Upon completion of the interviews, the firms will be ranked. The City will start negotiations of the contract with the highest-ranking firm. If an agreement for services cannot be reached with the highest ranked firm, the City will move to the second ranked firm. The same process will be repeated with the other ranked firms if no such agreement can be reached. The City reserves the right to not select a firm as part of this process if an agreement cannot be reached with the interviewed firms. The procedures shall also contain safeguards to preserve confidential information and proprietary information supplied by those submitting proposals consistent with §5-18B- 34, which are as follows: Until a proposal is accepted, information in the proposal remain the property of the person making the proposal. The City will make reasonable efforts to maintain the secrecy and confidentiality of any proposal and all information contained in any proposal and the City will not disclose any proposal or the information contained in a proposal to the CMAR’s competitors. The City will not disclose, except as may be permitted pursuant to Chapter 1-27, confidential and proprietary information contained in any proposal to the public until su ch time as the City takes final action to accept a proposal. Section 11. Emergency Procedures The procedures for awarding construction management firm contracts in the event of public emergencies as defined in § 5-18A-9 are as follows: The City may make an emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons. An emergency procurement will be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor will be included in the contract file. Passed and approved on the 14th day of December, 2021. CITY OF BROOKINGS, SD Oepke G. Niemeyer, 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 21-0585,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 12/8/2021Page 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 #:RES 21-114,Version:1 Action on Resolution 21-114, a Resolution Amending the City Manager’s Contract for 2022. Summary: The City Manager serves at the pleasure of and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018.The Resolution allows for City Council to make adjustments to the City Manager’s compensation package based on performance and merit, as well as adds language regarding termination around the seating of a new City Council member(s). Recommendation: There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Attachments: Memo Resolution Contract City of Brookings Printed on 12/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Susan Rotert, Human Resources Director Council Meeting: December 14, 2021 Subject: City Manager Contract Presenter: Susan Rotert, Human Resources Director Summary: The City Manager serves at the pleasure of and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018. The Resolution allows for City Council to make adjustments to the City Manager’s compensation package based on performance and merit, as well as adds language regarding termination around the seating of a new City Council member(s). Background: The City Manager serves at the pleasure of, and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018. It is prudent to review contractual language for relevance and identify any needed or desired adjustments at regular intervals. Additionally, the City Manager receives an annual performance review from City Council and is eligible for increases to his compensation package based on performance and merit. Item Details: The Resolution allows for City Council to make adjustments to the City Manager’s compensation package based on performance and merit. The Resolution also adds language to the employment agreement to limit the City Council’s ability to terminate the City Manager without cause within the sixty (60) days following the seating of a new City Council member so as to allow any newly elected or appointed member(s) of the City Council sufficient time to observe the actions and ability of the City Manager to perform the duties of their office. This does not limit the termination with cause. Legal Consideration: City Attorney Steve Britzman has reviewed the Resolution. Strategic Plan Consideration: The City Manager is responsible for furthering the advancement and achievement of the City Council’s Strategic Plan and five (5) focus areas of Fiscal Responsibility; Safe, Inclusive, and Connected Community; Service and Innovation Excellence; Sustainability; and, Economic Growth. Financial Consideration: The City Manager’s compensation package is subject to adjustment based on the discretion of City Council. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Supporting Documentation: Resolution Contract Resolution 21-114 Resolution Amending the City Manager’s Contract for 2022 Whereas, the purpose of this Resolution is to adjust the City Manager’s Contract for 2022; and Whereas, the position of City Manager is a position appointed by the City Council; and Whereas, the City Council has determined it is appropriate to increase the City Manager’s salary ____%, resulting in a total annual salary of $_____________; and Whereas, the City Council has determined it is appropriate to also amend Section 12 (Pension) of the City Manager’s Contract as follows: In addition, the City shall also contribute _____% of the City Manager’s compensation to a deferred compensation plan selected by the City Manager; and Whereas, the City Council has determined it is also appropriate to amend Section 19 of the City Manager’s Contract by adding the following: E. Limitation on Without Just Cause Termination Following Seating of New Council Member(s). Notwithstanding any other provision of this Agreement, the Employer may not take any action to terminate this Agreement without cause during the period of sixty (60) days following the seating of a new city council member elected in a city election or appointed by the City Council to fill a vacancy. The purpose of this provision is to allow any newly elected or appointed member(s) of the City Council or a reorganized City Council to have sufficient time to observe the actions and ability of the Employee in the performance of the powers and duties of their office. After the expiration of the aforementioned sixty (60) day period, there shall be no limitation on the Employer’s ability to terminate without cause. Nothing herein shall limit the Employer’s ability to terminate this Agreement for cause. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: (1) That the City Manager’s salary shall increase by _____% for 2022, resulting in a total annual salary of $_____________; and (2) That Section 12 of the City Manager’s Contract shall be amended to include the following provisions: In addition, the City shall also contribute _____% of the City Manager’s compensation to a deferred compensation plan selected by the City Manager; and (3) That the City Manager’s Contract shall also be amended to include Section 19 (E), as set forth above. Passed and approved this 14th day of December, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made and entered into this 24th day of April, 2018, by and between the CITY OF BROOKINGS, State of South Dakota, a municipal corporation, hereinafter referred to as “City”, and Paul Briseno, hereinafter referred to as “City Manager”. WITNESSETH: WHEREAS, the City desires to employ the services of Paul Briseno as City Manager; and WHEREAS, it is the desire of the governing board, hereafter referred to as the “Council”, to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said City Manager; and WHEREAS, City Manager desires to accept employment as City Manager of the City of Brookings; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Paul Briseno as City Manager of the City of Brookings, to perform the work and duties provided in the City Charter of the City of Brookings, and to perform such other legally permissible and proper functions and duties as the Council may from time to time assign. Section 2. Employment Status as “Exempt”. Exempt Status: It is agreed and understood that City Manager is an exempt employee and is not eligible for overtime under the Fair Labor Standards Act. Section 3. Salary. City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of $135,000.00, payable in installments through the payroll system on a monthly basis at the same time as the other management employees of the City are paid. The City Manager will be eligible for a one (1) year anniversary pay increase, subject to satisfactory performance. Eligible salary adjustments will be considered annually, thereafter, in a percentage range equal to or greater than those given to other management employees and are subject to Council approval and a satisfactory performance evaluation. Section 4. Residency. The City Charter requires that the City Manager reside within the City and the City Manager may reside outside the City while under Contract only with the approval of the Council. 2 Section 5. Performance Evaluation. A. The Council shall conduct a review of the performance of the City Manager at least annually. Said performance review and evaluation shall be in accordance with specific criteria developed by the City Council following consultation with the City Manager. Said criteria may be revised as the Council may from time to time determine, following consultation with City Manager. Further, the Mayor shall provide the City Manager with a summary written statement of the Council’s findings following the City Manager’s performance review and evaluation by the Council, and shall provide an adequate opportunity for the City Manager to discuss his performance evaluation and findings with the Council. B. Annually, the Council and City Manager shall define goals and performance objectives that they determine necessary for the proper operation of the City of Brookings and in the attainment of the Council’s policy objectives and shall further establish a relative priority among those various goals and objectives. They shall generally be attainable within the time limitations as specified and with the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and City Manager also mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work. It is recognized that City Manager must devote significant time outside normal office hours to the business of the City, and, to that end, City Manager will be allowed to take compensatory time off as deemed appropriate during normal office hours. Section 7. Outside Activities. City Manager shall not engage in teaching, consulting or other non-City-connected business without the prior approval of the Council. Section 8. Moving and Relocation Expenses. A. City Manager shall obtain two (2) quotes for costs associated with packing and moving household goods. City Manager shall be reimbursed, or City may pay directly for the expenses of packing and moving City Manager, City Manager’s family, and City Manager’s personal property from Kearney, NE to the City of Brookings, with said payment or reimbursement not to exceed the sum of $11,250 which shall include unpacking, any storage costs necessary, insurance charges and any other actual documented moving expenses allowed by IRS regulations. B. The City will provide City Manager with $1,500 per month for a period not to exceed six (6) months to cover expenses and related costs for temporary housing until the time City Manager is able to relocate permanently. 3 C. Should City Manager leave the City Manager position in Brookings voluntarily, City Manager will be required to reimburse the relocation costs paid to City Manager by the City according to the following schedule: 1. Leave position within first year – 100% reimbursement 2. Leave position within second year – 50% reimbursement 3. Leave position within third year – 25% reimbursement 4. Leave position within fourth year and thereafter – 0% reimbursement. Section 9. Holidays, Vacation, and Sick Leave. A. The City Manager will be granted the same number of holidays as other management (exempt) employees of the City. B. Upon employment, the City Manager will receive a two (2) week bank of vacation leave and will be given credit for ten (10) years of service, and, in accordance with City policy, the City Manager will accrue vacation time at the rate of 13.33 hours per month to accrue until the maximum 280 hours allowed per current City policy is reached. This particular policy will not apply to longevity pay. C. Upon employment, the City Manager will receive a one hundred sixty (160) hour (4 week) bank of sick leave. The City Manager will accrue sick leave in accordance with the City rate of 12 hours per month to be used against the sick leave bank and continue to accumulate to the maximum of 1500 hours allowed based on employment date after January 1, 2013, per current City policy. D. The City of Brookings shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City ordinances or any other law. All provisions of the Brookings City Code, City ordinances, resolutions, regulations and rules of the City of Brookings relating to holidays and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to City Manager as they would to other exempt employees of the City of Brookings, in addition to said benefits enumerated specifically for the benefit of the City Manager except herein as provided. Section 10. No Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of City Manager, except to the degree of such a reduction which is applicable across the board for all other management employees of the City. Section 11. Insurance. A. The City will provide City Manager with health, life, dental, and vision insurance coverages at the same rate as other management exempt employees. As per City policy, the City will pay 75% of premiums for health insurance for the City Manager and his dependents, 75% of the single premium toward all plans for dental and vision coverage, 4 and 100% of basic term and AD&D life insurance premiums providing Fifty Thousand Dollars ($50,000) coverage. In addition, the City will offer City Manager participation in the Section 125 Flex plan. Additional insurance coverage may be available at the City Manager’s sole expense. B. City shall furnish and provide City Manager with insurance protection including comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of City Manager arising out of his employment. Section 12. Pension. The City Manager will participate in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction and the City of Brookings participates with a 6% match. In addition, the City shall also contribute five (5%) percent of City Manager’s compensation to a deferred compensation plan selected by the City Manager. Section 13. Automobile. The City will provide the City Manager a car allowance of Five Hundred Dollars ($500) per month for his use to conduct City business within the City and the County of Brookings. The City will reimburse the City Manager for mileage for City related trips made outside the County of Brookings. All travel outside the County limits using City Manager’s personal vehicle will be reimbursed at the current City rate per mile. Calculation of mileage will be based on the distance from Brookings. Section 14. Dues, Conferences, and Subscriptions. A. City agrees to budget and pay for dues and subscriptions of City Manager necessary for his membership and full participation in national, regional, state, and local associations/organizations desirable for his continued professional growth and advancement, and for the good of the City. B. Within budget considerations and Council approval, the City hereby agrees to budget and pay for travel and subsistence expenses for City Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of City Manager and adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state and local governmental groups and committees for the good of the City. C. City also agrees to budget for and to pay for travel and subsistence expenses of City Manager for short courses, institutes and training seminars that are necessary for his professional development and for the good of the City. Section 15. Civic Club Membership and Business Expenses. A. City recognizes the desirability of representation in and before local civic and service organizations, for which City shall pay all membership expenses. City Manager shall report to the City on each such membership and the City will reimburse City Manager or pay directly such membership fees. 5 B. The City shall reimburse City Manager for all employment-related expenses, including, but not limited to meals, cost of registration, travel and mileage and any other subsistence costs relating to the conduct of City Business. C. A City cell phone will be provided to the City Manager and primarily used for business purposes. A reasonable amount of personal use is acceptable as the cell phone is expected to be carried on a routine basis. Section 16. Indemnification. City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties as City Manager. City will compromise and settle any such claim and pay the amount of any settlement or judgment rendered thereon. Section 17. Bond. City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 18. Suspension and Termination. The City Manager may be suspended by a resolution approved by the affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed termination (“removal”). A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) days in which to reply thereto in writing. The City Manager may request and shall be afforded a public hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager’s termination. After the public hearing, if one is requested, the City Council, by the affirmative vote of four (4) of its total membership, may adopt a final resolution of termination. The City Manager shall continue to receive full salary until the effective date of a final resolution of termination of employment. Section 19. Termination and Severance Pay. A. The City Manager will serve at the will of the Council and may be terminated immediately in the sole discretion of the City, with or without cause, at any time. B. Should the Council terminate the City Manager’s employment without cause during any year of employment, the City Manager will receive six (6) months of notice or severance compensation. City Manager shall also be compensated for all remaining accrued vacation benefit time to the date of termination. Severance compensation shall be payable on a monthly basis on the same schedule as other management level payroll. Severance compensation shall include all benefits provided in this Agreement. The obligation to pay severance compensation, however, will terminate when the City Manager has obtained a position of comparable responsibility and compensation. 6 C. In the event the City Manager is terminated for cause or for a conviction of a criminal offense, then, in that event, the City shall have no obligation to pay the severance compensation indicated in the above paragraph. Examples of cause may include, but are not limited to: (1) City Manager willfully and continuously fails or refuses to comply with the terms of this Agreement or the policies, standards and regulations of the City as are from time to time established; (2) City Manager shall be found guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the City. D. Nothing in this agreement shall be construed to prevent, limit, or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time or with the right of the City Manager to resign from his position as City Manager of the City at any time. Section 20. Voluntary Resignation. In the event City Manager elects to voluntarily resign or retire, he shall give the City thirty (30) days advance written notice of the intent to terminate employment. Section 21. Other Terms and Conditions of Employment. The City, following consultation with the City Manager, may establish any such other terms and conditions of employment relating to the performance of the City Manager as it deems appropriate from time to time; provided, that such terms and conditions are not inconsistent with or in conflict with the express provisions of this agreement, the City Charter or any law or regulation. No such additional terms or conditions shall be effective unless first reduced to writing and furnished to the City Manager as mutually agreed by the City Manager and the City, as an addendum to this Agreement. Section 22. Vehicle Insurance. The City Manager shall maintain continuously in force with respect to all such vehicles a policy of liability insurance having minimum limits identified in the City Vehicle Driving Policy. The City Manager shall maintain an acceptable driving record as outlined within the City Vehicle Driving Policy, and upon request, shall provide the City’s risk management office with appropriate proof of compliance with the insurance requirements of this Section. Section 23. Powers and Duties of City Manager. The duties and responsibilities of the City Manager shall be in accordance with South Dakota State law, the Brookings City Charter, the City Governance and Ends Policies, all ordinances and resolutions of the City of Brookings, and such policies as shall be adopted from time to time by 7 the City Council. The duties and responsibilities of the City Manager shall include but not necessarily be limited to the following list: The City Manager shall be the chief administrative officer of the City, responsible to the Council for the administration of all city matters placed in the city manager’s charge by or under this Agreement and the City Charter. The City Manager shall: A. Appoint and, when necessary in his discretion, suspend or remove all city employees and appointive administrative officers provided for by or under the City Charter. The City Manager may authorize any administrative employee or officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that employee or officer’s department, office or agency; B. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by other applicable law; C. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion at City Council meetings; D. See that all laws, provisions of the City Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the City Manager’s direction and supervision, are faithfully executed; E. Prepare and submit the annual budget and capital program to the City Council; F. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Manager deems desirable or the City Council may require; G. Submit updates annually on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the City Council may require; H. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; I. Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to the City Manager’s direction and supervision; J. Keep the City Council advised as to the financial condition and future needs of the City; Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, but no warrant shall be issued until the claim therefor has been approved by the City Council, except as may be otherwise provided by ordinance or resolution; K. Be the personnel director of the City; L. Make recommendations to the City Council concerning the affairs of the City; M. Provide support staff to assist the Mayor and other Council members; and N. Perform such duties as are specified in the City Charter or as may be required by the City Council. Section 24. General Provisions. a) This Agreement shall constitute the entire agreement between the parties. 8 b) This Agreement shall be binding upon and inure to the benefit of the heirs and executors of the City Manager. c) Except as expressly provided herein, neither party shall assign rights or delegate duties arising from this Agreement without first obtaining the express written consent of the other. d) Should any provision of this agreement or any portion thereof, be held unconstitutional, invalid, or unenforceable, the remainder of this agreement shall be deemed as severable, shall not be affected and shall remain in full force and effect. e) This agreement is governed by South Dakota law. IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto. CITY OF BROOKINGS By _________________________________ Keith Corbett, Mayor ATTEST: ______________________________________ Shari Thornes, City Clerk By _________________________________ Paul Briseno, City Manager