HomeMy WebLinkAbout2018_10_23 CC MinutesBrookings City Council
October 23, 2018
The Brookings City Council held a meeting on Tuesday, October 9, 2018 at 6:00p.m.,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Mary Kidwiler, Ope Niemeyer (via phone), Dan Hansen, Nick
Wendell, Patty Bacon, and Holly Tilton Byrne. City Manager Paul Briseno, City Attorney
Steve Britzman, and City Clerk Shari Thornes were also present.
6:00 PM Regular Meeting
Consent Agenda. A motion was made by Council Member Kidwiler, seconded by
Council Member Bacon, to table 8.B. Public Hearing and Action on Resolution 18-088,
Resolution of Necessity for Street Assessment Project 2019-02STA, 151h Street South
and 71h Avenue South. The motion carried by the following vote: Yes: 7-Niemeyer,
Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne and Corbett. A motion was made by
Council Member Wendell, seconded by Council Member Hansen, to approve the
Consent Agenda, as amended. The motion carried by the following vote: Yes: 7-
Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne and Corbett.
3.A. Action to approve the agenda, as amended.
3.B. Action to approve the October 9, 2018 City Council Minutes.
3.C. Action on Resolution 18-087, a Resolution Removing Uncollectible Accounts
Receivable from the Records.
Resolution 18-087 -A Resolution Removing
Uncollectible Accounts Receivable from the Records
Whereas, the Brookings Municipal Landfill had a total of $170.47 in uncollectible landfill
charges in 2018: $170.47-Concrete Contractors (filed bankruptcy);
Whereas, efforts to collect and recover from customers was unsuccessful; and
Now, Therefore, Be It Resolved the amount of $170.47 in landfill charges be determined
as uncollectible and removed from the records.
3.0. Action on Resolution 18-086, a Resolution Cancelling Certain Outstanding
Checks.
Resolution 18-086-A Resolution Cancelling Certain Outstanding Checks
Whereas, the City of Brookings, has issued checks that have been outstanding for more
than six (6) months;
Now, Therefore, Be It Resolved that the following amounts be canceled and the proper
funds be credited:
General Fund 9/21/16 Cassandra Steinle $29.13
3.E. Action on Brookings Health System Board of Trustees Appointments: Dick
Peterson, Justin Sell, and Dr. Andrew Ellsworth (terms expire 1/1/2022).
3.F. Action on Resolution 18-089, a Resolution Setting forth a Schedule of
Proposed Fines for Violations of the Ordinances of the City of Brookings.
Resolution 18-089, A Resolution setting forth a Schedule of Proposed Fines for
Violations of the Ordinances of the City of Brookings, South Dakota
Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the
following Schedule of Proposed Fines shall be effective as prescribed by law for all
violations of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs
Miscellaneous Offenses
6-3 Open Container (alcoholic beverage)
6-142
6-143
6-73
70-35
58-33
(Beer, wine, liquor in vehicle or on street)
Attempt to Purchase
Misrepresentation of Age
Possession of Keg Restricted
Littering
Resisting an Officer
60.00
60.00
60.00
60.00
60.00
60.00
62.50
62.50
62.50
62.50
62.50
62.50
Total
122.50
122.50
122.50
122.50
122.50
122.50
195
196
58-36 Fleeing from a Police Officer 60.00 62.50 122.50
58-161 Public Urination 60.00 62.50 122.50
(formerly Disorderly Conduct)
58-162 Disturbing the Peace -House Parties
First Offense 60.00 62.50 122.50
Second Offense (within 1 year period) 100.00 62.50 162.50
Third Offense (within 1 year period) 200.00 62.50 262.50
62-180 Hours parks open to the public 60.00 62.50 122.50
70-37 Littering 60.00 62.50 122.50
70-107 Location of Collection Containers 30.00 62.50 92.50
74-141-Excavation Offenses 100.00 62.50 162.50
74-149 Excavation Offenses
74-211 Failure to Remove Snow from Sidewalk 60.00 62.50 122.50
82-312 Texting While Driving 60.00 62.50 122.50
Parking Offenses with Court AQQearances
82-421 Position of Parking on Two-Way Road 25.00 60.00 85.00
82-427 Places Where Standing and Parking is
Prohibited 25.00 60.00 85.00
82-428 Places Where Stopping is Prohibited 25.00 60.00 85.00
82-432 Parking In Excess of 72 Hours. 25.00 60.00 85.00
82-433 Parking in Alleys 25.00 60.00 85.00
82-461 Designation of Prohibited Parking 25.00 60.00 85.00
82-462 Designation of Limited Parking 25.00 60.00 85.00
82-463 Illegal Parking (2 hr. downtown or Medary) 25.00 60.00 85.00
Section Offense Fine Costs Total
82-464 Parking at Night in Business Section 25.00 60.00 85.00
82-465 Parking Prohibited Du~ing Snow Removal 50.00 60.00 110.00
82-468 Parking in Disabled Space w/o Permit 100.00 60.00 160.00
82-521 Maximum Duration of Parking 25.00 60.00 85.00
94-431 (2) Front Yard Parking Prohibited~ 25.00 60.00 85.00
Parking Offenses {if Qaid w/in 72 hours)/ Without Court AQQearance
82-421 Position of Parking on Two-Way Road 20.00
82-427 Places Where Standing and Parking is
Prohibited 20.00
82-428 Places Where Stopping is Prohibited 20.00
82-432 Parking In Excess of 72 Hours. 20.00
82-433 Parking in Alleys 20.00
82-462 Designation of Limited Parking 20.00
82-463 Illegal Parking (2 hr. downtown or Medary) 20.00
82-464 Parking at Night in Business Section 20.00
82~465 Parking Prohibited During Snow Removal 35.00
82-468 Parking in Disabled Space w/o Permit 100.00
82-521 Maximum Duration of Parking 20.00
94-431 (2) Front Yard Parking Prohibited 20.00
Traffic/Driving Offenses
82-127 Failure to Comply w/Warning Ticket 60.00 62.50 122.50
82-167 Traffic Signals 60.00 62.50 122.50
82-203 Duty to Provide Information 60.00 62.50 122.50
82-206 Unattended Vehicle 60.00 62.50 122.50
82-207 Property Damage 60.00 62.50 122.50
82-208 Immediate Notice 60.00 62.50 122.50
82-241 Driver's License Violation 60.00 62.50 122.50
82-242 Age of Driver 60.00 62.50 122.50
82-243 License Plate Violation 60.00 62.50 122.50
82-244 Maximum Passengers 60.00 62.50 122.50
82-246 Driving on Sidewalk 60.00 62.50 122.50
82-247 Exhibition Driving 60.00 62.50 122.50
82-248 Following Too Closely 60.00 62.50 122.50
82-249 Following Fire Apparatus 60.00 62.50 122.50
82-251 Unsafe Backing 60.00 62.50 122.50
82-252 Driving Over Fire Hose 60.00 62.50 122.50
82-271 Driving on Left Side of Street 60.00 62.50 122.50
82-276 Driving on Divided Highway 60.00 62.50 122.50
82-277 Overtaking Vehicles/Passing to Left
Required; Cutting in Front 60.00 62.50 122.50
82-279 Passing in No Passing Zone 60.00 62.50 122.50
197
Section Offense Fine Costs Total
82-280 Duty of Driver of Overtaken Vehicle;
Increasing Speed 60.00 62.50 122.50
82-303 Exceeding Limits (below)
82-304 Maximum Speed Generally (below)
82-305 Speed Zones (below)
1-5 mph Over Speed Limit 30.00 62.50 92.50
6-10 mph Over Speed Limit 40.00 62.50 102.50
11-15 mph Over Speed Limit 60.00 62.50 122.50
16-20 mph Over Speed Limit 80.00 62.50 142.50
21-25 mph Over Speed Limit 105.00 62.50 167.50
Over 25 (Court Appearance) 160.00 62.50 222.50
82-306 Speeding in School Zones
1-5 mph Over Speed Limit 50.00 62.50 112.50
6-10 mph Over Speed Limit 60.00 62.50 122.50
11-15 mph Over Speed Limit 95.00 62.50 157.50
16-20 mph Over Speed Limit 130.00 62.50 192.50
Over 20 (Court Appearance) 150.00 62.50 212.50
82-309 Reckless Driving 70.00 62.50 132.50
82-310 Careless Driving 60.00 62.50 122.50
82-332 Right Turn 60.00 62.50 122.50
82-333 Left Turn 60.00 62.50 122.50
82-334 U-Turn Restricted 60.00 62.50 122.50
82-337 Cutting Corner 60.00 62.50 122.50
82-362 Yielding Right-of-Way to Emergency
Vehicles; Duty of Driver of
Emergency Vehicle not to Exercise
Right-of-Way Arbitrarily 60.00 62.50 122.50
82-365 Vehicle Entering Stop Intersection 60.00 62.50 122.50
82-366 Stop Required Before Entering from
Alley, Building or Private Road;
Place of Stopping 60.00 62.50 122.50
82-367 Obedience to Stop and Yield 60.00 62.50 122.50
82-369 Stop at Railroad Crossing Signal 60.00 62.50 122.50
82-392 Obedience (One Way Streets & Alleys) 60.00 62.50 122.50
82-424 Manner of Use of Diagonal Parking
Spaces 40.00 62.50 102.50
82-561 Lights on Vehicle 60.00 62.50 122.50
82-563 Obstruction of Vision 60.00 62.50 122.50
82-565 Exhaust System 60.00 62.50 122.50
82-603 Pedestrian Right-of-Way 60.00 62.50 122.50
82-605 Jaywalking 40.00 62.50 102.50
Section Offense Fine Costs Total
82-682 Operation of Snowmobiles on Public
Parks, Streets, Roads, Alleys
Sidewalks, Boulevards & Rights-of-Way 60.00 62.50 122.50
82-684 Operation of Snowmobiles on Public
Property 60.00 62.50 122.50
82-721 Clinging to Moving Vehicles 60.00 62.50 122.50
82-751 Bicycle Offense 25.00 62.50 87.50
82-842 Driving Through Processions 60.00 62.50 122.50
Housing and Zoning Offenses
Housing
22-374 Agent Required 60.00 62.50 122.50
22-401 Licensing of Leased Dwelling Units 60.00 62.50 122.50
22-402 Filing of Application Farms 60.00 62.50 122.50
22-405 Payment of License Fees 60.00 62.50 122.50
22-432 Failure to Comply With
Smoke Detector Requirement
First Offense 155.00 62.50 w/ 100.00
(suspended on
condition of no
similar violations
for 1 year.)
Second Offense 155.00 62.50 217.50
Third Offense 200.00 62.50 262.50
198
22-433
22-434
Section
Zoning
94-123(c)
94-124(c)
94-125(c)
94-126(c)
94-127(c)
94-128(c)
94-129(c)
94-130(c)
Failure to Comply with Exit Requirement
First Offense 155.00
Second Offense 155.00
Third Offense 200.00
Failure to Comply with Parking Requirement
First Offense 155.00
Second Offense 155.00
Third Offense 200.00
Offense Fine
First Offense:
200.00
Permitted Uses (Unlawful Use)
62.50 w/100.00
(suspended on
condition of no
similar violations
for 1 year.)
62.50 217.50
62.50 262.50
62.50 w/100.00
62.50
62.50
Costs
62.50
(suspended on
condition of no
similar violations
for 1 year.)
217.50
262.50
Total
w/150.00
(suspended on
condition of no
similar violations
for 1 year.)
Second Offense:
200.00 62.50 262.50
All Other Zoning Ordinances Violations . . . .
3.G. Action to approve a Preliminary Plat for Lots 1-4, Block 2 and Blocks 1, 3, 4,
5, & 6, Southland Addition.
Ordinance 18-015. An introduction and first reading was held on Ordinance 18-015, an
Ordinance rezoning Lots 8 & 9, Block 11, Bane & Poole Addition from Residence R-1B
Single-Family to Business B-2A District. Public Hearing: November 13, 2018.
Resolution 18-081. A public hearing was held on Resolution 18-081, a Resolution
approving Special Assessments for Snow Removal and Mowing. A motion was made by
Hansen, seconded by Bacon, that Resolution 18-081 be approved. The motion carried
by the following vote: Yes: 7-Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton
Byrne, and Corbett.
Resolution 18-081 -Resolution Approving Special Assessments
for Snow Removal and Mowing
Whereas, the City Manager has submitted to the City Council Special Assessments
against the owner and legal description listed below as hereinafter set out for weed
removal and snow removal fees; Be It Resolved by the City Council of the City of
Brookings, South Dakota, these fees be assessed, in accordance with South Dakota
Codified Law 9-32-12 as follows:
Scott Staniszewski 300 5th AveS, Brookings Snow Removal $315.00
Mary Helen Hoppenen 105 Council Ridge Rd, Brookings Mowing $840.00
Jessica L.Currier 206 Half Moon Rd, Brookings Snow Removal $190.00
Resolution 18-085. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Bacon, that Action on Resolution 18-085, a Resolution Authorizing the
Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, US Highway
14 Project from Main Avenue to Medary Avenue be approved. The motion carried by
the following vote: Yes: 7 -Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Corbett, and
Tilton Byrne.
Resolution 18-085 -A Resolution Authorizing the Mayor to Sign an Agreement for
Project P-PH 00 14( 179)419 PCN 027B, US Highway 14 Project from Main Avenue to
Medary Avenue
Whereas, the Brookings City Council desires the construction improvement of 6th Street
from Main Avenue to Medary Avenue in Brookings, SO; and
Whereas, the City of Brookings desires the State of South Dakota Department of
Transportation to upgrade the storm sewer and install decorative lighting; and
Whereas, the City of Brookings is obligated and hereby agrees to the provisions
outlined in the "State of South Dakota Joint Powers Maintenance, Encroachment and
Financial Agreement between Department of Transportation and City of Brookings.
Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to
sign the "State of South Dakota Joint Powers Maintenance, Encroachment and
Financial Agreement between Department of Transportation and City of Brookings."
Adiourn. A motion was made by Council Member Hansen, seconded by Council
Member Wendell, to adjourn the meeting at 6:14p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
199