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HomeMy WebLinkAbout2022_08_23 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, August 23, 2022 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. 5:00 PM Meet and Greet for new Police Chief Michael Drake Location: City & County Government Center, 3rd Floor Lobby A quorum of City Council members will be present. No official city business will be acted upon from 5:00 - 6:00 PM. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed or to make a brief announcement or invitation. Items will be scheduled at the end of the meeting. Individuals are asked to state their name and address for the record. 5. 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. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Page 1 City of Brookings August 23, 2022City Council Meeting Agenda - Final 5.A.ID 22-0321 Action to approve City Council meeting minutes. 8/9/2022 MinutesAttachments: 5.B.RES 22-065 Action on Resolution 22-065, a Resolution in support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Branch Creek, LLC, and / or its Affiliates, Agents, or Assigns, for the Benefit of Multi and Single-Family Development. ResolutionAttachments: 6. Presentations/Reports: 6.A.ID 22-0326 Introduction and Oath of Office for new Brookings Police Chief. Oath of OfficeAttachments: 6.B.ID 22-0327 Report: SDSU Student Association. 7. Contracts/Change Orders: 7.A.RES 22-068 Action on Resolution 22-068, a Resolution Awarding Bids on 2022-2023 Contractor Snow Removal Equipment Contracts. Memo Resolution Snow Operations Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.B.RES 22-069 Action on Resolution 22-069, a Resolution Awarding Bids on 2022-2023 Snow and Ice Removal Road Salt. Memo Resolution Snow Operations Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.C.RES 22-067 Action on Resolution 22-067, a Resolution Awarding Bids on 2022-01SWR Sidewalk Maintenance Project. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.D.RES 22-066 Action on Resolution 22-066, a Resolution Rejecting Bids for the Brookings Regional Airport High Speed Rotary Snow Blower. Memo Resolution Attachments: Page 2 City of Brookings August 23, 2022City Council Meeting Agenda - Final Action: Motion to Approve, Request Public Comment, Roll Call 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. 8.A.ORD 22-030 Introduction and First Reading on Ordinance 22-030, an Ordinance pertaining to the Unlawful Use of Dynamic Braking Devices. Public Hearing and Action: September 13, 2022. Memo Ordinance Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 22-029 Second Reading and Action on Ordinance 22-029, an Ordinance Authorizing Budget Amendment No. 7 to the 2022 Budget. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 8/9/22 City Council read into the record 9.B.ID 22-0325 Public Hearing and Action on a request for Video Lottery for Tee’d Off Golf, LLC, 2508 Wilbert Court. Legal description: Lot 10, Block 1, Wilbert Square Addition. Pending permit issuance and final inspection per the Community Development Department. Memo City Attorney Memo on Video Lottery - 2018.05.02 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, Request Roll Call 10. Other Business: 10.A RES 22-064 Resolution 22-064, a Resolution Authorizing an Inter-fund Advance from the Capital Improvement Plan (CIP) Fund to the Special Assessment Fund. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 3 City of Brookings August 23, 2022City Council Meeting Agenda - Final 11.ID 22-0328 City of Brookings Progress Report. August Progress ReportAttachments: 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Executive Session 13.A.ID 22-0330 Executive Session, pursuant to SDCL 1-25-2.4, for purposes of preparing for contract negotiations or negotiating with employees or employee representatives. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 14. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment (https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should understand their comments will become part of the official record and subject to review by all parties and the public. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0321,Version:1 Action to approve City Council meeting minutes. Attachments: 08/09/2022 City Council Minutes City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ Brookings City Council August 9, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, August 9, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell, Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Consent Agenda: A motion was made by Council Member Wendell, seconded by Council Member Specker, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. A. Action to approve the July 26, 2022 City Council Minutes. B. Action on Resolution 22-059, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Cubby’s Sports Bar & Grill, GDT Inc., Gus Theodosopoulos, owner, 307 Main Avenue South, Brookings, South Dakota. Legal description: Lots 3-4, Block 3, Original Plat Addition. Resolution 22-059 - On-Sale Liquor Operating Agreement – 10-year renewal GDT, Inc., dba Cubby’s Sports Bar & Grill Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and GDT, Inc., dba Cubby’s Sports Bar & Grill, Gus Theodosopoulos, owner, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 307 Main Avenue. Legal description: Lots 3-4, Block 3, Original Plat Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of 10 years, with a mid-term renewal in five years. C. Action on Resolution 22-060, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for New Sake, Inc., En Qin Lin, owner, 724 22nd Avenue South. Legal description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition. Resolution 22-060 - Wine Operating Agreement – 10-year renewal New Sake, Inc. Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and New Sake, Inc., En Qin Lin, owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 724 22nd Avenue South. Legal Description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of 10 years, with a mid-term renewal in five years. D. Action on Resolution 22-061, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Pheasant Café & Lounge, Ron and Georgiana Olson, owners, 726 Main Avenue South. Legal description: Lot 2, Block 2, Grossman Heights Addition. Resolution 22-061 - Wine Operating Agreement – 10-year renewal RGO, Inc., dba Pheasant Café & Lounge Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and RGO, Inc., dba Pheasant Café & Lounge, Ron and Georgiana Olson, owners, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 726 Main Avenue South. Legal Description: Lot 2, Block 2, Grossman Heights Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of 10 years, with a mid-term renewal in five years. Proclamation. Mayor Niemeyer presented a Proclamation to representatives from the Brookings Economic Development Corporation, South Dakota State University, and Brookings Multicultural Center to celebrate the Cultures of our Community. Mayoral Proclamation Whereas, Brookings’ thriving international community contributes to our community’s high quality of life and provides a vital economic impact to the Brookings area; and Whereas, Brookings has greatly benefited from having hundreds of international students from over 80 countries enrolled at South Dakota State University; and Whereas, the Brookings Multicultural Center, the Brookings Economic Development Corporation, and the South Dakota State University Office of International Affairs will hold its 1st Annual International Ice Cream Social and Community Fair to welcome International Faculty and Graduate Students and their families to our community. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Wednesday, August 17, 2022 as: A Day to Celebrate the Cultures of Our Community. Presentation: Special Achievement in Geographical Information System (GIS) Award. Special Achievement in Geographical Information System (GIS) Award was presented at the Environmental Systems Research Institute (ESRI) Conference in July to Aaron Karl, City of Brookings, and Evan Henningsen and Marshall Beynon, Brookings Municipal Utilities. In 2020, the City of Brookings implemented a Geographical Information System (GIS) and partnered with Brookings Municipal Utilities and Brookings County on a small governmental agency agreement with ESRI for the geospatial software. The City’s goal was to give internal and external users a better and more complete experience with geospatial data. By fully utilizing the ArcGIS Hub and Web App Builder, a more user friendly geospatial product is available to the public via the City of Brookings GIS Portal webpage. Internally, communication across departments and sharing of geospatial data has increased efficiencies, led to more detailed analysis and better decisions based upon the data. The City of Brookings and Brookings Municipal Utilities has migrated data from CAD to GIS as well as incorporated data from water, sanitary sewer, streets, rental properties, zoning, recreation, storm sewer and much more. In particular, the use of GIS for density analysis and site suitability studies have helped create a more sustainable and resilient community. 2nd Quarter CFO Report. Chief Financial Officer, Erick Rangel, presented the 2nd Quarter Financial Report to the City Council and members of the public. FIRST READING – Ordinance 22-029. Introduction and First Reading was held on Ordinance 22-029, an Ordinance Authorizing Budget Amendment No. 7 to the 2022 Budget. Second Reading: August 23, 2022. Ordinance 22-027. A public hearing was held on Ordinance 22-027, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R - 3 Apartment District for the purpose of administration of the Zoning Ordinance. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Ordinance 22-027 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Ordinance 22-028. A public hearing was held on Ordinance 22-028, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R - 3A Apartment / Mobile Homes / Manufactured Housing District for the purpose of administration of the Zoning Ordinance. A motion was made by Council Member Specker, seconded by Council Member Doran, that Ordinance 22-028 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-062. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 22-062, a Resolution adopting the Special Assessment Policy, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-062 - A Resolution Adopting the City of Brookings Street Assessment Policy Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings recognizes the need to have a consistent policy for establishing the financing terms in the resolution of necessity and in the collection of special assessments. Now, Therefore, Be It Resolved that the City Council of the City of Brookings adopts the following Special Assessment Policy A. The City shall follow SDCL 9-43-75 through 9-43-101, and SDCL 9-46-1 through 9- 46-11 when determining a project for special assessment. B. The proposed Resolution of Necessity shall also include whether the special assessments are payable under Plan One (Collection by the County Finance Office) or under Plan Two (Collection by the City’s Finance Office). In addition, the proposed Resolution of Necessity shall also include the number of annual installments and interest rate payable on the unpaid balance of special assessments. C. Once a project has been completed after a Resolution of Necessity has been approved by the City Council, the project shall be assessed in accordance to SDCL 9-43-102 through 9-43-139. D. If the City chooses to assess under Plan One-Collection by County Treasurer specified in SDCL 9-43-102, the following financing terms shall apply if the assessment is not paid in full within 30 days of the assessment roll adopted by City Council: a. Term of the financing shall depend on the type of project being assessed: i. Sidewalks and Alleys: 5 Years ii. Roadways and Utility Work: 10 years b. Annual interest rate charged shall be calculated by the following formula: = FHLBank Chicago 10-year Fixed Rate (%) + 3.5% c. Any assessment under $300 would be assessed in one payment. Resolution 22-063. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that Resolution 22-063, a Resolution authorizing the distribution of American Rescue Plan Act funds for the City of Brookings, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-063 - A Resolution Authorizing the Distribution of American Rescue Plan Act Funds Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, in response to the impacts of COVID the federal government passed the American Rescue Plan Act that allocated funds to local governments to address community needs; and Whereas, the City of Brookings conducted two surveys of the public, businesses, and community partners to identify the impact and needs of COVID within the Brookings Community; and Whereas, the City of Brookings held multiple public discussions of survey outcomes and funding requests; and Whereas, Agencies who receive City of Brookings ARPA dollars will adhere to requirements including the utilization of funds for capital or one-time purchases, projects will not create an ongoing unfunded obligation/liability of the city, projects or programs will be financially sustainable after city funds expire, an annual report identifying the impact of stated outcomes to will reported for two years commencing August 2023 and all funded projects must adhere to the City’s vision and policies; and Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings will distribute $2.2 million in APRA funds to the following for purposes set forth within project outlines; and Ivy Center for an Expansion Project $1,200,000 Brookings Economic Development Corporation for a Child Care Facility $500,000 Brookings Economic Development Corporation for a Child Care Coordinator $80,000 Habitat for Humanity for Affordable Housing Development in Brookings $110,000 ICAP for Affordable Housing Projects in Brookings $110,000 City of Brookings Workforce Housing Project $200,000 B. That the City Manager is authorized to execute the required agreements and details to satisfy the direction of this Resolution. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, to enter into Executive Session at 6:43 p.m., 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, and SDCL 1-25-2.5, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivision, when public discussion may be harmful to the competitive position of the business. Present: City Council, City Attorney, City Manager. The motion carried by a unanimous vote. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, to exit Executive Session at 7:07 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 this meeting be adjourned at 7:08 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk ADDENDUM: Volunteer Listing for Work Comp Coverage (as per Resolution 16-025). Brookings City Library Volunteers: Cheryl Riley. Brookings City Fire Department Volunteers: Major Anderson, John Austin, Kevin Banken, Alex Berkness, Pete Bolzer, Cory Braun, Derek Brown, Dan Bruna, Nick Casstevens, Bret Christianson, Tom Coughlin, Mandi Cramer, Roger DeBates, Scott Hallan, Jacob Hanson, Bill Hardin, Troy Herrig, Kevin Hilmoe, Dalton Holm, Ryan Keenan, Dave Koch, Dan Kriese, Jim Kriese, Brett Lawrence, Brandon Long, Jaque Mann, Joshua Mann, Lori Mergen, Nick Oines, Steven Rensink, Connor Ringling, Jared Runge, Tim Rynearson, Rob Schuneman, Jeremy Scott, Jesse Seas, Joseph Sheeley, Lucas Speakman, Charles Stephenson, Shannon Stuefen, Curt Teal, Anthony Teesdale, Nathan Vandersnick, Joshua Van Diepen (new – effective 08/10/2022), Adam Vaux. Brookings City Police Department Reserve Unit: Mark Anawski, Justin Borns, Andrew Erickson, Zach Erickson, Josh Henslin, Matthew Luebbert, Jaque Mann, Joshua Mann, Cora Olson, Gerrit Williams- Ponto, Ben Quam, Lisa Walterman. Brookings City Park & Recreation Volunteers: Jason Bain, Andrew Carlson, Staci Carlson, Julio Castillon, Kaily DeFino, Earl Early, Daniel Forester, Nathan Hilbrands, Tayler Kneip, Tyler Koch, Mark Kreie, Shane Kuehl, Brian Kvamme, Robb McClemans, Taylor Nickerson (new – effective 07/28/2022), Justin Palmer, Natasha Raguse, Eric Rasmussen, Joseph Schumacher, Carly Shutt, Lowell Shutt, Kristen Uilk. 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 22-065,Version:1 Action on Resolution 22-065, a Resolution in support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Branch Creek, LLC, and / or its Affiliates, Agents, or Assigns, for the Benefit of Multi and Single-Family Development. Summary: The City of Brookings supports the submission of an Application for financial assistance by Branch Creek, LLC, to the South Dakota Housing and Development Authority. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ Resolution 22-065 Resolution in Support of an Application for Financial Assistance to the South Dakota Housing and Development Authority by Branch Creek, LLC, and / or its Affiliates, Agents, or Assigns, for the Benefit of Multi or Single-Family Development Whereas, the City of Brookings and Branch Creek, LLC have determined it necessary to proceed with improvements to the City’s infrastructure, thus enabling additional single and multifamily units to be constructed in the city limits of Brookings; and Whereas, the City and Developer have determined financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Housing and Development Authority shall be prepared by Branch Creek, LLC (Developer) for the proposed development; and Whereas, the City will work with the Developer’s engineer to ensure the preliminary project infrastructure plans meet the City’s requirements for adequate drinking water, water treatment capacity and distribution, storm sewer, and all other necessary improvements as needed; and Whereas, the City has adequate treatment facilities and water supply to accommodate the proposed development; and Whereas, the City is committed to the ownership and long-term maintenance of said infrastructure upon acceptance and condition set forth in a future memorandum of agreement and understanding that the said infrastructure and system shall meet the specifications, materials and equipment set forth in said agre ement; and Whereas, the City acknowledges that there is a tremendous housing shortage in City of Brookings and this proposed development will help, but not solve, the housing shortage. Now, Therefore, Be It Resolved by the City of Brookings as follows: 1. The City hereby supports the submission of an Application for financial assistance by Branch Creek, LLC, to the South Dakota Housing and Development Authority. 2. City officials are hereby authorized to deliver such other documents as necessary, to assist with the Application for financial assistance. Adopted this 23rd day of August, 2022. 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 22-0326,Version:1 Introduction and Oath of Office for new Brookings Police Chief. “I am extremely humbled to have been selected as the next Police Chief for the City of Brookings. It will be my honor to join such brave women and men of the police department and be part of an extraordinary group of dedicated city employees. My family and I are thrilled to be moving into a friendly community and we look forward to meeting and working with our new neighbors,” Michael Drake. Biography Michael Drake was born in Poughkeepsie and grew up in Highland, New York. He enjoys spending time with his spouse and two adult sons and all things soccer. Both children are currently attending college and his spouse works in the healthcare industry. Mr. Drake attained a degree from Marist College where his core concentrations included criminal justice and chemistry. He attained a master’s in public administration. Prior to law enforcement, Mr. Drake was a volunteer firefighter, emergency medical technician, and part-time police dispatcher. During this time, he attended the Municipal Police Academy and was hired by the Monticello Police Department as a police officer. In the New York State Police Academy, Mr. Drake graduated valedictorian and was assigned to SP Ellenville. There he worked as a Trooper as a Field Training Officer. He was promoted to sergeant to SP Westport near the Canadian border. During this time, he was appointed as an investigator and returned to work in Newburgh. After a few years, Michael was promoted to lieutenant and assigned to the governor’s protection unit in New York City. Other subsequent assignments and training include New York City Drug Enforcement Task Force in Manhattan, attended the 245th session of the FBI National Academy, detective lieutenant in the Hudson Valley, appointed to the rank of captain, served in two different regions as a Zone Commander, BCI Captain, and then appointed to the rank of Major and assigned as a Troop Commander. Mr. Drake was reassigned to Division Headquarters Professional Standards Bureau and conducted many confidential internal investigations. He was reassigned to Field Command to oversee the operational takeover/consolidation of the New York State Park Police Department. Michael is extremely humbled to have been selected as the next Police Chief for the City of Brookings. He is honored to join such brave women and men of the police department and be part of an extraordinary group of dedicated city employees. Their family is thrilled to be moving into a friendly community and we look forward to meeting and working with all. City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ Oath of Office 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 22-0327,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Erika Van Nieuwenhuyse, will provide an update on SDSU happenings to the City Council and members of the public. Erika is a Senior Political Science Major with minors in Legal Studies and Philosophy. She plans to attend law school following graduation from SDSU in May 2023. She has always enjoyed learning about government and has been involved in state government since her freshman year at SDSU by interning for both the SD House of Representatives, and most recently, Governor Noem. The Students' Association is comprised of all General Activity Fee-paying students at South Dakota State University. The Students' Association Senate is the official student government organization at SDSU, consisting of 26 senators representing each of the academic colleges and the student body president and vice president. The Students' Association Senate serves as a representative body to bring the voice of SDSU students to university administration, faculty, staff, state legislators and the South Dakota Board of Regents of Higher Education. The Students' Association also allocates student fee funds to support various campus entities, facilities and many student organizations. SDSU SA Website:<https://www.sdstate.edu/students-association> City of Brookings Printed on 8/18/2022Page 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 22-068,Version:1 Action on Resolution 22-068, a Resolution Awarding Bids on 2022-2023 Contractor Snow Removal Equipment Contracts. Summary: This resolution will award the 2022-2023 Contractor Snow Removal Equipment Contracts to the bidding contractors based on the best value for the City. Recommendation: Staff recommends approval. Attachments: Memo Resolution Snow Operations Plan City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jeremy Linstad, Street Dept./Interim Solid Waste Manager Council Meeting: August 23, 2022 Subject: Resolution 22-068: Bid Award - Contracted Snow Removal Equipment Person(s) Responsible: Jeremy Linstad, Street Dept./Interim Solid Waste Manager Summary: The City uses contractors to assist in snow removal efforts. This resolution will award the 2022-2023 Contractor Snow Removal Equipment Contracts, which provide best value for the City as determined by cost per cubic yard. The City received roughly half the bids from 2021-2022, and will rebid for motor graders and loaders with reversible blades. Background: The City uses contractors to assist in snow removal efforts. This assistance augments City equipment and staff, traditionally in residential neighborhoods. Based on the snow event, contractors are called out on an as-needed basis and are ranked on the best value per equipment from annual bidding of equipment. Item Details: The City opened bids on Tuesday, August 9, 2022 at 1:30 pm at the City & County Government Center. The following bids were received: Four (4) Motor Graders with Wings: No bids received. One (1) 3- to 6-Yard Loader: Two (2) bids received. 1. Winter Contracting LLC, 644K, 4.50 cubic yards, $199.00/hour 2. Winter Contracting LLC, 624K, 3.50 cubic yards, $159.00/hour Four (4) Loaders with Reversible Blades: No bids received. Ten (10) End-Dump Trucks: Six (6) bids received. 1. Winter Contracting LLC, #14, 23.00 cubic yards, $135.00/hour 2. Prussman Contracting Inc., #19, 22.80 cubic yards, $145.00/hour 3. Prussman Contracting Inc., #20, 22.80 cubic yards, $145.00/hour 4. Prussman Contracting Inc., #22, 22.20 cubic yards, $145.00/hour 5. Prussman Contracting Inc., #21, 20.60 cubic yards, $145.00/hour 6. Prussman Contracting Inc. #23, 19.50 cubic yards, $145.00/hour Four (4) Side-Dump Trucks: Three (3) bids received. 1. Winter Contracting LLC, #10, 34 cubic yards, $158.00/hour 2. Winter Contracting LLC, #12, 34 cubic yards, $158.00/hour 3. Winter Contracting LLC, #14, 34 cubic yards, $158.00/hour Contractors will assist in snow removal operations as needed and will be called out in order of best value as determined by cost per cubic yard. Bids increased anywhere from 3-7% by piece of equipment as compared to 2021-2022 pricing. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility, Service and Innovation Excellence, and Sustainability: Snow removal contracting furthers City of Brookings’ mission of providing a high quality of life for its citizens through proactive, fiscally responsible municipal government. Effective snow removal also supports the tenant of economic development through safe and efficient business travel. Financial Consideration: City budget is $124,000.00. 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 Snow Operations Plan Resolution 22-068 Resolution Awarding Bids for 2022-2023 Contractor Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, August 9, 2022 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Four (4) Motor Graders with Wings: No bids received and will be rebid. One (1) 3- to 6-Yard Loader: Two bids received. 1) Winter Contracting LLC, 644K, 4.50 cubic yards, $199.00/hour; 2) Winter Contracting, LLC, 624K, 3.50 cubic yards, $159.00/hour. Four (4) Loaders with Reversible Blades: No bids received and will be rebid. Ten (10) End-Dump Trucks: Six bids received. 1) Winter Contracting, LLC., #14, 23.00 cubic yards, $135.00/hour; 2) Prussman Contracting, Inc., #19, 22.80 cubic yards, $145.00/hour; 3) Prussman Contracting, Inc., #20, 22.80 cubic yards, $145.00/hour; 4) Prussman Contracting, Inc., #22, 22.20 cubic yards, $145.00/hour; 5) Prussman Contracting, Inc., #21, 20.60 cubic yards, $145.00/hour; and 6) Prussman Contracting, Inc., #23, 19.50 cubic yards, $145.00/hour. Four (4) Side-Dump Trucks: Three bids received. 1) Winter Contracting, LLC, #10, 34.00 cubic yards, $158.00/hour; 2) Winter Contracting, LLC, #12, 34.00 cubic yards, $158.00/hour; and 3) Winter Contracting, LLC, #14, 34.00 cubic yards, $158.00/hour. Now Therefore, Be It Resolved the following bids be accepted: One (1) 3- to 6-Yard Loader: Two bids received. 1) Winter Contracting LLC, 644K, 4.50 cubic yards, $199.00/hour; 2) Winter Contracting, LLC, 624K, 3.50 cubic yards, $159.00/hour. Ten (10) End-Dump Trucks: Six bids received. 1) Winter Contracting, LLC., #14, 23.00 cubic yards, $135.00/hour; 2) Prussman Contracting, Inc., #19, 22.80 cubic yards, $145.00/hour; 3) Prussman Contracting, Inc., #20, 22.80 cubic yards, $145.00/hour; 4) Prussman Contracting, Inc., #22, 22.20 cubic yards, $145.00/hour; 5) Prussman Contracting, Inc., #21, 20.60 cubic yards, $145.00/hour; and 6) Prussman Contracting, Inc., #23, 19.50 cubic yards, $145.00/hour. Four (4) Side-Dump Trucks: Three bids received. 1) Winter Contracting, LLC, #10, 34.00 cubic yards, $158.00/hour; 2) Winter Contracting, LLC, #12, 34.00 cubic yards, $158.00/hour; and 3) Winter Contracting, LLC, #14, 34.00 cubic yards, $158.00/hour. Passed and approved this 23rd day of August, 2022. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN Version: November 2019 A. INTRODUCTION B. GENERAL POLICY STATEMENTS C. STORM CLASSIFICATIONS D. IMPLEMENTATION PROCEDURES 1. WEATHER/STORM DECISIONS 2. PERSONNEL NOTIFICATION/RECALL 3. DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES 1. CITY OF BROOKINGS 2. CONTRACTORS F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES 1. EMERGENCY SNOW ROUTE TICKET/TOWING PROCEDURES 2. DE-ICER AND ABRASIVE APPLICATION 3. MEDIA INTERFACE 4. ACCIDENTS G. STAFF AND EQUIPMENT ASSIGNMENTS H. PRE-WINTER SEASON PREPARATION 1. SAFETY TRAINING 2. OPERATOR TRAINING/CERTIFICATION 3. EQUIPMENT PRE-INSPECTION AND CALIBRATION I. POST OPERATIONS PROCEDURES A. INTRODUCTION: 1. The purpose of the Snow and Ice Removal Operation Plan is to provide all personnel who are involved in snow and ice removal, and the public a single source of information which clearly defines the City of Brookings’s policies and procedures in all snow and ice operations. 2. Snow and Ice operations will be accomplished as expeditiously as possible in conjunction with the priorities outlined in this plan due to public safety and economic impact 3. The Snow and Ice season in Eastern South Dakota can begin as early as October and terminate as late as late-April. The rate of accumulation of snowfall or icing is affected by atmosphere temperature, pavement temperature, moisture content, wind direction and velocity, and intervals between storms. Each storm is unique, and conditions may vary across the city. Therefore, while this plan tries to cover the major operations during a Snow and Ice storm, it must be recognized that there must be sufficient flexibility within the plan to provide differences and or contingencies in order to respond effectively to actual conditions. B. GENERAL POLICY STATEMENTS: 1. The policy of the City of Brookings is to clear Emergency Snow Routes and Public Safety Facilities of snow and ice as expeditiously as practicable within the City’s area of responsibility during and following every storm through the use of equipment and applicable materials 2. Snow and Ice control operations on all roads will be prioritized based on immediate need for the public safety. Emergency snow routes will be given the first priority for plowing and de-icing during and after a storm. The intent is for all Emergency Snow Routes to be kept open when possible. Emergency routes are shown in RED on the Snow Removal Map. a. No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing. 3. Snow removal and de-icing operations at the end of the storm, or during times deemed necessary will be shifted to non-emergency main artilleries and collector roads within city limits. These are shown in GREEN and BLUE on the Snow Removal Map 4. At the end of the precipitation event, snow removal and de-icing operations will be shifted to all remaining residential streets, cul-de- sacs and alley ways within city limits. 5. The downtown core area will be cleared during or after emergency route removal operations are complete or as manpower and equipment resources become available. This is typically done between the early morning hours of 1:00am – 7:00am. It is important for sidewalk snow and ice removal operations be completed prior to street snow and ice removal operations. (see Sec. 74-2) This ensures that the work has to be done only one time per storm. 6. All other sidewalks are to be maintained by the adjacent property owners per City Code. a. Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. b. Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow removal in central business district. It is unlawful for any person to shovel or deposit snow, leaves, material or other substances of any king and description from private property onto any public street, alley or public right of way. Such conduct or action is declared to be a nuisance. This section however, does not prohibit the placement of snow from a sidewalk in the central business district in the curb area of the street where no boulevard or other property exists to place snow from the sidewalk. 7. Snow removal and de-icing operations will not be undertaken in alleys unless there are snow accumulations in excess of 4” or ice accumulations in excess of ½” as verified by Street Department staff. 8. A Winter Storm Alert can only be declared by the Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager. Notice of a Winter Storm Alert will be given by posting on the City Cable Television Channel, and by issuance of a notification to the public via print, website, social media and other digital materials. In the event of a declaration of a Storm Alert, the Police will ticket or tow vehicles located on all Emergency Snow Routes as necessary to expedite the Snow and Ice removal operations. 9. City personnel will not clear plowed-in driveways. Clearing driveways is the citizens’ responsibility. The plowing operation produces a continuous windrow of snow, and by its nature is expected to block some citizens’ cleared driveways when there is significant snow accumulated in the street. 10. The Street Superintendent may provide the media with Snow/Ice removal updates during and after storm operations to keep the public informed of the conditions of the roads. The City Snow Hotline, telephone number 696-7669, and may be called for updates on City Snow removal operations. C. STORM CLASSIFICATIONS: 1. Each Snow or Ice storm will be unique and vary in intensity, duration and total precipitation. This section will apply a basic classification system to assist in establishment of priorities of equipment, material manpower, and a management system for implementation in all Snow and Ice removal operations. The storm classification system will utilize an estimated total expected snowfall for snow and total ice glazing for ice storms. This information will come from multiple weather sources including; NOAA, Keloland and the National Weather Service. 2. Classes of Storms: Class 1: 0” – 2” a. Class 1 storm is defined as a storm with accumulations of two inches or less, which in most cases will only require light plowing and treating of pavement with applicable materials. All controls and reporting of when the decision is made to proceed with snow and ice removal operations will be managed by the Street Superintendent. During a Class 1 storm City crews will handle snow removal or deicing operations. Contractors will not be activated. Class 2 Storm: 2”- 6” Emergency Route Snow Advisory b. Class 2 is defined as a storm of moderate to heavy snowfall with estimated range of two - six inches. A Class 2 storm will cause an issuance of an emergency route snow advisory. During a Class 2 storm event there is no parking on Emergency snow routes. Those routes will be given the first priority for plowing and de- icing. The intent is for all Emergency Snow Routes to be kept open when possible. A Snow Alert is possible if the actual conditions warrant. All controls and reporting of when and what equipment will be implemented for snow and ice removal operations will be managed by the Street Superintendent. During a Class 2 Storm, the Street Superintendent may use City crews within all departments or decide to activate contractors to plow their designated areas. Class 3 Storm: 6”+ , Snow Alert c. Class 3 storm is defined as a storm of extremely heavy snow of six inches or more occurring in a period of 24 hours or less. This type of storm will cause life threatening conditions to occur. When weather forecasts indicate that a Class 3 storm is imminent all appropriate city equipment will be mobilized immediately. The Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager, will declare a Snow Alert. At that time a Parking ban on all City streets will be implemented and enforced. The declaring official shall make the appropriate media notifications of the Snow Alert. Parking ban on all City streets will be enforced. A class 3 storm will activate all contactors to plow their designated areas. d. Ice Storms. All Ice Storms will be rated as a Class 1 type storm. Ice Storms will cause an immediate threat to the public safety. If an Ice Storm is forecast as imminent or otherwise develops, the City will follow Class 1 procedures. D. IMPLEMENTATION PROCEDURES: 1. Weather/Storm Decisions: a. During normal duty and non-duty hours the key personnel (Street Superintendent or their designees) involved in Snow and Ice control will monitor forecast storms utilizing the National Weather Service, and local news outlets for updated weather information. If a Class 1 storm is predicted, the Street Superintendent will monitor conditions to verify equipment needs. During a Class 2 storm event, an Emergency Route Snow Advisory will be issued, but a Snow Alert may or may not be activated. City crews will monitor conditions to determine the need for a Snow Alert. For Class 3 storms a Snow Alert will be issued by the Street Superintendent. b. In the event of a surprise storm outside normal work hours, the police dispatcher will, based on police observations, call the Street Superintendent, alerting them of the storm conditions. The Street Superintendent will make the decision to dispatch the appropriate personnel and equipment for the conditions. 2. Personnel Notification/Recall: a. It is imperative that the Street Department and other city departments maintain a current and validated recall roster during the snow and ice season. Quick response is the key to successful implementation of this plan. The Street Superintendent will prepare an active recall roster. 3. Declaration of a Winter Emergency Route Snow Advisory / Snow Alert: a. Only the Street Superintendent or Acting Street Superintendent can declare a Snow Advisory or Alert. In their absence, this decision is delegated to the Chief of Police and/or the City Manager. b. Emergency Route Snow Advisory will be issued for a snow event that requires Emergency Routes be cleared. This is done to ensure that emergency services can access all quadrants of town. During a Emergency Route Snow Advisory, Emergency Snow Routes will cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing 1) When an Emergency Route Snow Advisory has been declared, the declaring official will contact the media by posting or announcing that a Snow Advisory has been declared and all vehicles not removed from Emergency Routes will be subject to ticketing and towing. c. Snow Alerts will be issued for snow events that will require all available equipment and manpower to clear all City streets, alleys and cul-de-sacs. Emergency Routes will maintain a priority during Snow Alerts and may be cleared multiple times during the same event. The issuance of a Snow Alert will automatically implement a Parking Ban. This is done to ensure crews and their equipment can operate in a safe and efficient manner. 1) When a Snow Alert has been declared, the declaring official will contact the media by announcing that a Snow Alert has been declared and all vehicles not removed from all city streets will be subject to ticketing and towing. d. The declaring official will notify the City of Brookings key personnel. This includes the City Manager, Police Chief, Police Dispatch and the Fire Department. e. Ticketing and towing operations will be conducted by the City of Brookings Police Department. Section F.1 of this plan covers specifics for these procedures. E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES: 1. City of Brookings a. The priorities for Snow and Ice removal will be as follows: (note Priorities may be adjusted due to specif ic storm conditions): 1) Emergency snow routes designated in RED on the Emergency Snow Route Map 2) Major arterial and collector routes designated GREEN and BLUE on the Snow Removal Map 3) Other through streets. 4) Cul-de-sacs and other streets with no outlet. 5) Alleys when snow accumulation greater than 4”, or ice accumulation greater than ½” as confirmed by Street Superintendent. A) Annex 1 is the emergency snow route map. B) Annex 2 is the City/Contractor snow maps 2. Contractors a. The City uses contractors to help assist in the snow removal process. Contractors are given a designated are of town, and they focus in that area only. This is done for consistency and effectiveness towards time. The Street Superintendent will provide them with maps of their area, and will also follow on contractor work quality and progress during snow removal operations. F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES: 1. Emergency Snow Routes - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth of 2” or more, snow removal operations will be required on Emergency Snow Routes, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Advisory, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street designated as an Emergency Snow Route. 2) To operate a motor vehicle on any Emergency Snow Route in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. 4) The following Streets are Established Emergency Snow Routes: (as shown in Appendix 1)  1st Avenue … from 6th Street to Front Street  Front Street … from 1st Avenue to 3rd Avenue  3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue to 5th Avenue  Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side parking from 8th Street to 9th Street 2. Snow Alert Parking Ban - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to 4+” and that snow removal operations will be required for the entire town, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Alert Parking Ban, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street, cul-de-sac or alley. 2) To operate a motor vehicle on any street within the city limits in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. b. A minimum of a 4-hour notice must be provided to the public by the initiating official. This allows for citizens to move vehicles, trailers and equipment out of the roadways. c. Parking Ban Information  City of Brookings webpage  Notify Me text and email notification alert system  Social Media  “Snow Line”: (605) 696-7669  Television: KDLT, KELO, KSFY, or Cable Channel 9  FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1  AM Radio: 910 or 1430  Other means deemed necessary due to changes of the above outlets.  NOTE: When parked vehicles or other obstructions left in the street make the plowing or abrasive application unsafe, risky, or unproductive to the detriment of operations on other streets, the area in question will be skipped until such time as removal activities may be done safely and efficiently. 3. Media Interface: a. It is imperative that the general public be informed on a regular basis during Class 2 and 3 storms of the city’s efforts both successful and not so successful in all aspects of Snow and Ice removal operations. b. All media releases will be by the Street Superintendent, Acting Street Superintendent, Public Information Officer or other designated official. 4. Accidents: a. All accidents involving city vehicles occurring during Snow and Ice removal operations will be reported immediately by cell phone from snow equipment to the Street Superintendent. 1) Accidents are to be reported as follows. a) Vehicular Damage - An accident report will be filled out at the scene of the accident in addition to the radio report. Standard accident procedures and forms will be utilized. Additionally, a law enforcement officer will investigate the accident at the scene prior to resumption of Snow and Ice removal operations by the city vehicle involved. b) Private Property Damage - (Mail Boxes, sprinkler systems, and other private improvements) - Your mailbox and the access to it for the U.S. Postal Service is the responsibility of the resident. Again, because the crews have no place to put the snow, curbside mailboxes may become blocked and in those cases it is the responsibility of the resident to move that snow beyond the street so that the postal service may access the mailbox. Heavy snow pushed or thrown by the plow may damage mailboxes. This is not intentional, but does occasionally happen. The City is not responsible for damage to mailboxes or other private improvements placed within the road rights-of-way of its roads that occurs as a result of snow and ice removal operations. c) Claim filing procedure- Any claims for insurance purposes will be completed at the Street Department office at 125 7th Ave. or, the City Human Resource Department at 520 3rd St Suite 230. After completion the claimant paperwork will then be processed for approval. G. STAFF AND EQUIPMENT ASSIGNMENTS: 1. At the beginning of a Class 2 or 3 Storm the Street Department will immediately commence operation. 2. The Street Department will be the primary staff and equipment resource for all snow and ice removal operations. However, during sustained snow and ice removal operations other departments may be asked by the Street Superintendent to provide both staff and equipment resources to support the in snow and ice removal operations. 3. Due to personnel and extent of winter weather events, it may not be feasible to work shifts during extended storm events. For safe operations, every effort will be made to have as many streets in serviceable condition as possible in accordance with the storm route priorities in as short a time as feasible. If operations are not complete prior to personnel working for 15 continuous hours beginning when they reported to work, whether for their regular shift or specifically for emergency call out, operations will cease and personnel will be sent home to rest and sleep. Employees will report back to work no sooner than six (6) hours from the time operations ceased. H. PRE-W INTER SEASON PREPARATION: 1. Safety Training: Commencing in October and continuing through the fall and winter seasons, the Street Superintendent will schedule recurring training that will focus on snow and ice control issues. a. City operations personnel will hold meetings to discuss known strengths and weaknesses in preparation for the snow and ice season. These meetings will be conducted by the Street Superintendent. b. Practice runs of the routes will be driven by all operators prior to mid-November to ensure all are familiar with the Emergency Snow Routes and their designated areas. 2. Operator Training/Certification: New operators will be assigned to an experienced operator to receive training on all phases of snow and ice control. New operators will receive this training in pre-season and during the actual snow and ice control season. The trainer of the new operator will at the time of the new operator proficiency, certify t o the Street Superintendent of city operations that the new operator is cleared for individual (solo) operation. Operators will not be assigned to equipment that they are not qualified to operate under any circumstance. 3. Equipment Pre-Inspection and Calibration: Commencing in October, the Street Division will prepare and ensure all snow and ice removal equipment is prepared and operational for mounting to its assigned piece of equipment. a. All salt/sand spreaders will be calibrated and certified by the Street Superintendent, or his designee, to ensure maximum efficiency. b. Salt and sand spreaders will be mounted on the assigned truck after the end of the annual construction season or at such time as directed by the Street Superintendent. I. POST OPERATIONS PROCEDURES: 1. During storms, and after each shift, the operator will perform the required maintenance and services on his assigned equipment. These services include the following: FILL FUEL TANKS CHECK LIGHTS CHECK ALL FLUIDS INSPECT FOR FLUID LEAKS FILL WINDSHIELD WASHER FLUID CHECK TIRE PRESSURE CHECK TENSION ON CHAINS (TIRE AND SPREADER) FILL SALT/SAND HOPPER WITH MATERIAL CHECK CUTTING EDGES ON EQUIPMENT 2. After storms, all equipment will receive a thorough inspection by the operators. Vehicles will be washed. All known deficiencies will be reported to the Street Superintendent for immediate correction. Repairs of snow and ice removal equipment will be first priority during winter storm season. APPENDIX 1 – Emergency snow removal route map APPENDIX 2 – City/Contractor snow removal maps NORTH EAST NORTH WEST SOUTH EAST SOUTH WEST 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 22-069,Version:1 Action on Resolution 22-069, a Resolution Awarding Bids on 2022-2023 Snow and Ice Removal Road Salt. Summary: The City uses road salt as part of the snow and ice removal process. This resolution will award the 2022-2023 Road Salt Bid based on best pricing available. The low bid of $85.41/ton is a 17.16% increase from the 2021-2022 road salt price. Recommendation: Staff recommends approval. Attachments: Memo Resolution Snow Operations Plan City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jeremy Linstad, Street Dept./Interim Solid Waste Manager Council Meeting: August 23, 2022 Subject: Resolution 22-069: Bid Award – Road Salt Person(s) Responsible: Jeremy Linstad, Street Dept./Interim Solid Waste Manager Summary: The City uses road salt as part of the snow and ice removal process. This resolution will award the 2022-2023 road salt bid based on best pricing available. The low bid of $85.41/ton is a 17.16% increase from the 2021-2022 road salt price. Background: The City uses road salt as part of the snow and ice removal process. The City collaborates with Brookings County on the annual road salt order to take advantage of economies of scale and cost savings. Between 2016 to 2022, the price per ton of road salt has ranged from $61.45 to $89.25. Mining and transportation costs are the largest factors in determining the annual price per ton of road salt. Bidding on an annual basis promotes receiving the most competitive pricing. Item Details: The City opened bids for road salt on Tuesday, August 9, 2022 at 1:30 pm at the City & County Government Center. Three responses were received: 1. Central Salt, LLC – $85.41/ton 2. NSG Logistics, LLC – $86.68/ton 3. Compass Minerals – No Bid $85.41 is a 17.16% increase from the 2021-2022 road salt price of $72.90 per ton. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility, Service and Innovation Excellence, and Sustainability: Snow and ice removal furthers Brookings’ mission of providing a high quality of life for its citizens through proactive, fiscally responsible municipal government. Effective snow and ice removal also supports the tenant of economic development through safe and efficie nt business travel. Financial Consideration: City budget is $62,821. 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 Snow Operations Plan Resolution 22-069 Resolution Awarding Bid for Snow and Ice Removal Road Salt Whereas, the City of Brookings opened bids for Snow and Ice Removal Road Salt on Tuesday, August 9, 2022 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids: Central Salt, LLC, Lyons, KS, $85.41/ton NSG Logistics, Gothenburg, NE, $86.68/ton Compass Minerals, Overland Park, KS, No Bid Now, Therefore, Be It Resolved the bid for Snow and Ice Removal Road Salt be awarded to Central Salt, LLC, Lyons, KS in the amount of $85.41/ton. Passed and approved this 23rd day of August, 2022. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN Version: November 2019 A. INTRODUCTION B. GENERAL POLICY STATEMENTS C. STORM CLASSIFICATIONS D. IMPLEMENTATION PROCEDURES 1. WEATHER/STORM DECISIONS 2. PERSONNEL NOTIFICATION/RECALL 3. DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES 1. CITY OF BROOKINGS 2. CONTRACTORS F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES 1. EMERGENCY SNOW ROUTE TICKET/TOWING PROCEDURES 2. DE-ICER AND ABRASIVE APPLICATION 3. MEDIA INTERFACE 4. ACCIDENTS G. STAFF AND EQUIPMENT ASSIGNMENTS H. PRE-WINTER SEASON PREPARATION 1. SAFETY TRAINING 2. OPERATOR TRAINING/CERTIFICATION 3. EQUIPMENT PRE-INSPECTION AND CALIBRATION I. POST OPERATIONS PROCEDURES A. INTRODUCTION: 1. The purpose of the Snow and Ice Removal Operation Plan is to provide all personnel who are involved in snow and ice removal, and the public a single source of information which clearly defines the City of Brookings’s policies and procedures in all snow and ice operations. 2. Snow and Ice operations will be accomplished as expeditiously as possible in conjunction with the priorities outlined in this plan due to public safety and economic impact 3. The Snow and Ice season in Eastern South Dakota can begin as early as October and terminate as late as late-April. The rate of accumulation of snowfall or icing is affected by atmosphere temperature, pavement temperature, moisture content, wind direction and velocity, and intervals between storms. Each storm is unique, and conditions may vary across the city. Therefore, while this plan tries to cover the major operations during a Snow and Ice storm, it must be recognized that there must be sufficient flexibility within the plan to provide differences and or contingencies in order to respond effectively to actual conditions. B. GENERAL POLICY STATEMENTS: 1. The policy of the City of Brookings is to clear Emergency Snow Routes and Public Safety Facilities of snow and ice as expeditiously as practicable within the City’s area of responsibility during and following every storm through the use of equipment and applicable materials 2. Snow and Ice control operations on all roads will be prioritized based on immediate need for the public safety. Emergency snow routes will be given the first priority for plowing and de-icing during and after a storm. The intent is for all Emergency Snow Routes to be kept open when possible. Emergency routes are shown in RED on the Snow Removal Map. a. No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing. 3. Snow removal and de-icing operations at the end of the storm, or during times deemed necessary will be shifted to non-emergency main artilleries and collector roads within city limits. These are shown in GREEN and BLUE on the Snow Removal Map 4. At the end of the precipitation event, snow removal and de-icing operations will be shifted to all remaining residential streets, cul-de- sacs and alley ways within city limits. 5. The downtown core area will be cleared during or after emergency route removal operations are complete or as manpower and equipment resources become available. This is typically done between the early morning hours of 1:00am – 7:00am. It is important for sidewalk snow and ice removal operations be completed prior to street snow and ice removal operations. (see Sec. 74-2) This ensures that the work has to be done only one time per storm. 6. All other sidewalks are to be maintained by the adjacent property owners per City Code. a. Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. b. Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow removal in central business district. It is unlawful for any person to shovel or deposit snow, leaves, material or other substances of any king and description from private property onto any public street, alley or public right of way. Such conduct or action is declared to be a nuisance. This section however, does not prohibit the placement of snow from a sidewalk in the central business district in the curb area of the street where no boulevard or other property exists to place snow from the sidewalk. 7. Snow removal and de-icing operations will not be undertaken in alleys unless there are snow accumulations in excess of 4” or ice accumulations in excess of ½” as verified by Street Department staff. 8. A Winter Storm Alert can only be declared by the Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager. Notice of a Winter Storm Alert will be given by posting on the City Cable Television Channel, and by issuance of a notification to the public via print, website, social media and other digital materials. In the event of a declaration of a Storm Alert, the Police will ticket or tow vehicles located on all Emergency Snow Routes as necessary to expedite the Snow and Ice removal operations. 9. City personnel will not clear plowed-in driveways. Clearing driveways is the citizens’ responsibility. The plowing operation produces a continuous windrow of snow, and by its nature is expected to block some citizens’ cleared driveways when there is significant snow accumulated in the street. 10. The Street Superintendent may provide the media with Snow/Ice removal updates during and after storm operations to keep the public informed of the conditions of the roads. The City Snow Hotline, telephone number 696-7669, and may be called for updates on City Snow removal operations. C. STORM CLASSIFICATIONS: 1. Each Snow or Ice storm will be unique and vary in intensity, duration and total precipitation. This section will apply a basic classification system to assist in establishment of priorities of equipment, material manpower, and a management system for implementation in all Snow and Ice removal operations. The storm classification system will utilize an estimated total expected snowfall for snow and total ice glazing for ice storms. This information will come from multiple weather sources including; NOAA, Keloland and the National Weather Service. 2. Classes of Storms: Class 1: 0” – 2” a. Class 1 storm is defined as a storm with accumulations of two inches or less, which in most cases will only require light plowing and treating of pavement with applicable materials. All controls and reporting of when the decision is made to proceed with snow and ice removal operations will be managed by the Street Superintendent. During a Class 1 storm City crews will handle snow removal or deicing operations. Contractors will not be activated. Class 2 Storm: 2”- 6” Emergency Route Snow Advisory b. Class 2 is defined as a storm of moderate to heavy snowfall with estimated range of two - six inches. A Class 2 storm will cause an issuance of an emergency route snow advisory. During a Class 2 storm event there is no parking on Emergency snow routes. Those routes will be given the first priority for plowing and de- icing. The intent is for all Emergency Snow Routes to be kept open when possible. A Snow Alert is possible if the actual conditions warrant. All controls and reporting of when and what equipment will be implemented for snow and ice removal operations will be managed by the Street Superintendent. During a Class 2 Storm, the Street Superintendent may use City crews within all departments or decide to activate contractors to plow their designated areas. Class 3 Storm: 6”+ , Snow Alert c. Class 3 storm is defined as a storm of extremely heavy snow of six inches or more occurring in a period of 24 hours or less. This type of storm will cause life threatening conditions to occur. When weather forecasts indicate that a Class 3 storm is imminent all appropriate city equipment will be mobilized immediately. The Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager, will declare a Snow Alert. At that time a Parking ban on all City streets will be implemented and enforced. The declaring official shall make the appropriate media notifications of the Snow Alert. Parking ban on all City streets will be enforced. A class 3 storm will activate all contactors to plow their designated areas. d. Ice Storms. All Ice Storms will be rated as a Class 1 type storm. Ice Storms will cause an immediate threat to the public safety. If an Ice Storm is forecast as imminent or otherwise develops, the City will follow Class 1 procedures. D. IMPLEMENTATION PROCEDURES: 1. Weather/Storm Decisions: a. During normal duty and non-duty hours the key personnel (Street Superintendent or their designees) involved in Snow and Ice control will monitor forecast storms utilizing the National Weather Service, and local news outlets for updated weather information. If a Class 1 storm is predicted, the Street Superintendent will monitor conditions to verify equipment needs. During a Class 2 storm event, an Emergency Route Snow Advisory will be issued, but a Snow Alert may or may not be activated. City crews will monitor conditions to determine the need for a Snow Alert. For Class 3 storms a Snow Alert will be issued by the Street Superintendent. b. In the event of a surprise storm outside normal work hours, the police dispatcher will, based on police observations, call the Street Superintendent, alerting them of the storm conditions. The Street Superintendent will make the decision to dispatch the appropriate personnel and equipment for the conditions. 2. Personnel Notification/Recall: a. It is imperative that the Street Department and other city departments maintain a current and validated recall roster during the snow and ice season. Quick response is the key to successful implementation of this plan. The Street Superintendent will prepare an active recall roster. 3. Declaration of a Winter Emergency Route Snow Advisory / Snow Alert: a. Only the Street Superintendent or Acting Street Superintendent can declare a Snow Advisory or Alert. In their absence, this decision is delegated to the Chief of Police and/or the City Manager. b. Emergency Route Snow Advisory will be issued for a snow event that requires Emergency Routes be cleared. This is done to ensure that emergency services can access all quadrants of town. During a Emergency Route Snow Advisory, Emergency Snow Routes will cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing 1) When an Emergency Route Snow Advisory has been declared, the declaring official will contact the media by posting or announcing that a Snow Advisory has been declared and all vehicles not removed from Emergency Routes will be subject to ticketing and towing. c. Snow Alerts will be issued for snow events that will require all available equipment and manpower to clear all City streets, alleys and cul-de-sacs. Emergency Routes will maintain a priority during Snow Alerts and may be cleared multiple times during the same event. The issuance of a Snow Alert will automatically implement a Parking Ban. This is done to ensure crews and their equipment can operate in a safe and efficient manner. 1) When a Snow Alert has been declared, the declaring official will contact the media by announcing that a Snow Alert has been declared and all vehicles not removed from all city streets will be subject to ticketing and towing. d. The declaring official will notify the City of Brookings key personnel. This includes the City Manager, Police Chief, Police Dispatch and the Fire Department. e. Ticketing and towing operations will be conducted by the City of Brookings Police Department. Section F.1 of this plan covers specifics for these procedures. E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES: 1. City of Brookings a. The priorities for Snow and Ice removal will be as follows: (note Priorities may be adjusted due to specif ic storm conditions): 1) Emergency snow routes designated in RED on the Emergency Snow Route Map 2) Major arterial and collector routes designated GREEN and BLUE on the Snow Removal Map 3) Other through streets. 4) Cul-de-sacs and other streets with no outlet. 5) Alleys when snow accumulation greater than 4”, or ice accumulation greater than ½” as confirmed by Street Superintendent. A) Annex 1 is the emergency snow route map. B) Annex 2 is the City/Contractor snow maps 2. Contractors a. The City uses contractors to help assist in the snow removal process. Contractors are given a designated are of town, and they focus in that area only. This is done for consistency and effectiveness towards time. The Street Superintendent will provide them with maps of their area, and will also follow on contractor work quality and progress during snow removal operations. F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES: 1. Emergency Snow Routes - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth of 2” or more, snow removal operations will be required on Emergency Snow Routes, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Advisory, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street designated as an Emergency Snow Route. 2) To operate a motor vehicle on any Emergency Snow Route in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. 4) The following Streets are Established Emergency Snow Routes: (as shown in Appendix 1)  1st Avenue … from 6th Street to Front Street  Front Street … from 1st Avenue to 3rd Avenue  3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue to 5th Avenue  Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side parking from 8th Street to 9th Street 2. Snow Alert Parking Ban - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to 4+” and that snow removal operations will be required for the entire town, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Alert Parking Ban, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street, cul-de-sac or alley. 2) To operate a motor vehicle on any street within the city limits in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. b. A minimum of a 4-hour notice must be provided to the public by the initiating official. This allows for citizens to move vehicles, trailers and equipment out of the roadways. c. Parking Ban Information  City of Brookings webpage  Notify Me text and email notification alert system  Social Media  “Snow Line”: (605) 696-7669  Television: KDLT, KELO, KSFY, or Cable Channel 9  FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1  AM Radio: 910 or 1430  Other means deemed necessary due to changes of the above outlets.  NOTE: When parked vehicles or other obstructions left in the street make the plowing or abrasive application unsafe, risky, or unproductive to the detriment of operations on other streets, the area in question will be skipped until such time as removal activities may be done safely and efficiently. 3. Media Interface: a. It is imperative that the general public be informed on a regular basis during Class 2 and 3 storms of the city’s efforts both successful and not so successful in all aspects of Snow and Ice removal operations. b. All media releases will be by the Street Superintendent, Acting Street Superintendent, Public Information Officer or other designated official. 4. Accidents: a. All accidents involving city vehicles occurring during Snow and Ice removal operations will be reported immediately by cell phone from snow equipment to the Street Superintendent. 1) Accidents are to be reported as follows. a) Vehicular Damage - An accident report will be filled out at the scene of the accident in addition to the radio report. Standard accident procedures and forms will be utilized. Additionally, a law enforcement officer will investigate the accident at the scene prior to resumption of Snow and Ice removal operations by the city vehicle involved. b) Private Property Damage - (Mail Boxes, sprinkler systems, and other private improvements) - Your mailbox and the access to it for the U.S. Postal Service is the responsibility of the resident. Again, because the crews have no place to put the snow, curbside mailboxes may become blocked and in those cases it is the responsibility of the resident to move that snow beyond the street so that the postal service may access the mailbox. Heavy snow pushed or thrown by the plow may damage mailboxes. This is not intentional, but does occasionally happen. The City is not responsible for damage to mailboxes or other private improvements placed within the road rights-of-way of its roads that occurs as a result of snow and ice removal operations. c) Claim filing procedure- Any claims for insurance purposes will be completed at the Street Department office at 125 7th Ave. or, the City Human Resource Department at 520 3rd St Suite 230. After completion the claimant paperwork will then be processed for approval. G. STAFF AND EQUIPMENT ASSIGNMENTS: 1. At the beginning of a Class 2 or 3 Storm the Street Department will immediately commence operation. 2. The Street Department will be the primary staff and equipment resource for all snow and ice removal operations. However, during sustained snow and ice removal operations other departments may be asked by the Street Superintendent to provide both staff and equipment resources to support the in snow and ice removal operations. 3. Due to personnel and extent of winter weather events, it may not be feasible to work shifts during extended storm events. For safe operations, every effort will be made to have as many streets in serviceable condition as possible in accordance with the storm route priorities in as short a time as feasible. If operations are not complete prior to personnel working for 15 continuous hours beginning when they reported to work, whether for their regular shift or specifically for emergency call out, operations will cease and personnel will be sent home to rest and sleep. Employees will report back to work no sooner than six (6) hours from the time operations ceased. H. PRE-W INTER SEASON PREPARATION: 1. Safety Training: Commencing in October and continuing through the fall and winter seasons, the Street Superintendent will schedule recurring training that will focus on snow and ice control issues. a. City operations personnel will hold meetings to discuss known strengths and weaknesses in preparation for the snow and ice season. These meetings will be conducted by the Street Superintendent. b. Practice runs of the routes will be driven by all operators prior to mid-November to ensure all are familiar with the Emergency Snow Routes and their designated areas. 2. Operator Training/Certification: New operators will be assigned to an experienced operator to receive training on all phases of snow and ice control. New operators will receive this training in pre-season and during the actual snow and ice control season. The trainer of the new operator will at the time of the new operator proficiency, certify t o the Street Superintendent of city operations that the new operator is cleared for individual (solo) operation. Operators will not be assigned to equipment that they are not qualified to operate under any circumstance. 3. Equipment Pre-Inspection and Calibration: Commencing in October, the Street Division will prepare and ensure all snow and ice removal equipment is prepared and operational for mounting to its assigned piece of equipment. a. All salt/sand spreaders will be calibrated and certified by the Street Superintendent, or his designee, to ensure maximum efficiency. b. Salt and sand spreaders will be mounted on the assigned truck after the end of the annual construction season or at such time as directed by the Street Superintendent. I. POST OPERATIONS PROCEDURES: 1. During storms, and after each shift, the operator will perform the required maintenance and services on his assigned equipment. These services include the following: FILL FUEL TANKS CHECK LIGHTS CHECK ALL FLUIDS INSPECT FOR FLUID LEAKS FILL WINDSHIELD WASHER FLUID CHECK TIRE PRESSURE CHECK TENSION ON CHAINS (TIRE AND SPREADER) FILL SALT/SAND HOPPER WITH MATERIAL CHECK CUTTING EDGES ON EQUIPMENT 2. After storms, all equipment will receive a thorough inspection by the operators. Vehicles will be washed. All known deficiencies will be reported to the Street Superintendent for immediate correction. Repairs of snow and ice removal equipment will be first priority during winter storm season. APPENDIX 1 – Emergency snow removal route map APPENDIX 2 – City/Contractor snow removal maps NORTH EAST NORTH WEST SOUTH EAST SOUTH WEST 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 22-067,Version:1 Action on Resolution 22-067, a Resolution Awarding Bids on 2022-01SWR Sidewalk Maintenance Project. Summary: This resolution will accept the low bid for the 2022-01SWR Sidewalk Maintenance Project. The low bid of $292,732.50 from Clark Drew Construction was 23% higher than the engineer’s estimate of $237,300.00. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: August 23, 2022 Subject: Resolution 22-067: Bid Award - 2022-01SWR Sidewalk Maintenance Project Person(s) Responsible: Charlie Richter, City Engineer Summary: This resolution will accept the low bid for the 2022-01SWR Sidewalk Maintenance Project. The City received one bid for the project, which was in the amount of $292,732.50 from Clark Drew Construction. The bid is 23% higher than the Engineering Estimate of $237,300.00. Background: This project is part of the annual sidewalk inspection project and entails replacement of trip hazard sidewalks. This project includes homeowner trip hazards, which were not repaired in the 2020 and 2021 sidewalk inspection areas, as well as properties that volunteered to be part of the City’s project in the 2022 inspection area. Item Details: A bid letting was held at 1:30 PM on August 16, 2022 at the City & County Government Center and the City received the following bid: 2022-01SWR Sidewalk Maintenance Project Clark Drew Engineer's Construction, Inc. Estimate Sidewalk Replacement Project $292,732.50 $237,300.00 Staff reviewed the bid prices in comparison to bids received in previous years. The 2022 bid prices were higher than the 2021 bid prices for concrete sidewalk work. The total bid of Clark Drew Construction Inc. for $292,732.50 was approximately 23% higher than the engineer’s estimate of $237,300.00. Legal Consideration: The sidewalk costs for this project are assessed to the property owners. The cost for sidewalk replacement from this bid would be $36.57 per square foot of sidewalk, whereas the previous sidewalk bids from 2021 were $21.62 per square foot. The higher cost is being attributed to inflation, cement powder shortages, and labor challenges. Property owners also have the option of hiring their own contractor to do the work. Strategic Plan Consideration: Safe Inclusive, Connected Community - This project’s primary focus is fixing sidewalk trip hazards throughout the community. By fixing these hazards, the City is providing a route for citizens of all ages to recreate, travel, and enjoy the community. The public sidewalks provide an essential system of connectivity throughout the City that must be maintained to ensure the safety of our citizens, and this project is one of many steps towards the goals of the strategic plan. Financial Consideration: The City will enter into contract with Clark Drew Construction for a total price of $292,732.50. 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 22-067 Resolution Accepting Bids on Project 2022-01SWR Sidewalk Maintenance Project Whereas, the City of Brookings opened bids for 2022-01SWR Sidewalk Maintenance Project on Tuesday, August 16, 2022 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following bid for the 2022-01SWR Sidewalk Maintenance Project: Clark Drew Construction, Inc. in the amount of $292,732.50; and Whereas, the low bid was approximately 23% higher than the Engineer’s Estimate. Now, Therefore, Be It Resolved that the total low bid of $292,732.50 from Clark Drew Construction, Inc. be accepted. Passed and approved this 23rd day of August, 2022. 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 #:RES 22-066,Version:1 Action on Resolution 22-066, a Resolution Rejecting Bids for the Brookings Regional Airport High Speed Rotary Snow Blower. Summary: This resolution will reject the bids for the Brookings Regional Airport High Speed Rotary Snow Blower. The rejection of the bids is deemed necessary due to a bid protest. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charles L. Richter, City Engineer Council Meeting: August 23, 2022 Subject: Resolution 22-066: Rejection of Bids for Brookings Regional Airport High Speed Rotary Snow Blower Person(s) Responsible: Charles L. Richter, City Engineer Summary: This resolution will reject the bids for the Brookings Regional Airport High Speed Rotary Snow Blower. Due to a bid protest, the FAA is requiring all bids to be rejected. Background: To reduce runway closure time and to improve efficiency after snow events, the City identified this piece of equipment as vital for the airport moving forward. This specially designed piece of equipment would replace the multiple pieces of snow removal equipment currently used by the airport with one. This piece of equipment would have multiple attachments to allow the airport staff to use it for sweeping and snow blowing at greater speeds reducing runway closure time and manpower. This equipment is identified in the airport’s Capital Improvement Program for purchase in 2022 with the FAA and the State planning to provide 95% of the funds and the City providing 5% pending final approval by the FAA. Item Details: A bid letting was held at 1:30 PM on July 12, 2022 at the City & County Government Center and the City received the following bids: High Speed Rotary Snow Blower, Brookings Regional Airport SRM Kodiak Oshkosh Defense, LLC M B Companies J.A. Larue Inc. Snow Removal Equipment with Blower $615,000 $664,700 $704,150 $700,000 16’ Broom Attachment $105,000 $137,475 $92,649 $150,000 18’ Plow Attachment $60,000 $45,300 $43,093 $60,000 Total Base Bid $780,000 $847,475 $839,892 $910,000 Legal Consideration: According to statute, the City is required to award this bid within 45 days of the opening. Resolution to reject these bids will be heard at City Council within this timeframe. Strategic Plan Consideration: Fiscal Responsibility – By rejecting these bids, the City plans to optimize the use of its funding by rebidding the snow removal equipment in 2023. Financial Consideration: The City will rebid this project in 2023. It is anticipated that the specifications for this equipment will be revised prior to rebidding the equipment. 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 22-066 Resolution Rejecting Bids on the Brookings Regional Airport High Speed Rotary Snow Blower Whereas, the City of Brookings opened bids for the Brookings Regional Airport High Speed Rotary Snow Blower on Tuesday, July 12, 2022 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following bids; and High Speed Rotary Snow Blower, Brookings Regional Airport SRM Kodiak Oshkosh Defense, LLC M B Companies J.A. Larue Inc. Snow Removal Equipment with Blower $615,00 0 $664,700 $704,150 $700,000 16’ Broom Attachment $105,00 0 $137,475 $92,649 $150,000 18’ Plow Attachment $60,000 $45,300 $43,093 $60,000 Total Base Bid $780,00 0 $847,475 $839,892 $910,000 Whereas, due to a protest of bids, the FAA is requiring all bids to be rejected. Now, Therefore, Be It Resolved that all bids received for the Brookings Regional Airport High Speed Rotary Snow Blower be rejected. Passed and approved this 23rd day of August, 2022. 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 #:ORD 22-030,Version:1 Introduction and First Reading on Ordinance 22-030, an Ordinance pertaining to the Unlawful Use of Dynamic Braking Devices. Public Hearing and Action: September 13, 2022. Summary: The City of Brookings has submitted an ordinance establishing prohibiting the use of dynamic brakes within city limits. Recommendation: The Traffic Safety Committee unanimously voted approval and staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charles L. Richter, City Engineer Meeting: August 23, 2022 / September 13, 2022 Subject: Ordinance 22-030: Dynamic Braking Prohibition Person(s) Responsible: Charles L. Richter, City Engineer Summary: The ordinance would prohibit the use of dynamic braking within City limits. Background: The City has received complaints regarding the loud noise caused by the use of dynamic brakes around the city. Dynamic brakes, often referred to as Jake Brakes, are devices on larger trucks used for braking without the use of wheel brakes. These “Jake Brakes” use engine compression rather conventional wheel brakes. When activated, especially at higher speeds, these “Jake Brakes” can create a load noise which travels large distances. In areas such as along the Highway 14 Bypass, where there are traffic signals, these devices, when activated, can be heard day and night. Many communities in South Dakota have ordinances prohibiting the use of dynamic braking within city limits to reduce noise pollution. Item Details: The proposed ordinance defines what is considered a dynamic braking device, the prohibition, and allowable exceptions to this ordinance. The ordinance prohibits the use of dynamic braking devices, unless it is needed in an emergency. This prohibition would be city-wide. The one exception to this prohibition would allow the use of these devices in emergency response vehicles. The local business community was engaged for feedback. Legal Consideration: The City Attorney’s Office drafted the ordinance. Strategic Plan Consideration: Service and Innovation Excellence – This ordinance will reduce noise pollution for residents along busy streets. 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 Traffic Safety Committee unanimously voted approval and staff recommends approval. Supporting Documentation: Memo Ordinance Ordinance 22-030 An Ordinance Pertaining to Unlawful use of Dynamic Braking Devices in the City of Brookings, South Dakota. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 82-566. Unlawful use of Dynamic Braking Devices. 1. Defined. Dynamic braking device (commonly referred to as Jake Brakes) means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. 2. Prohibited. Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger shall be prohibited within the territorial jurisdiction of the City. 3. Public emergency response vehicles exception. Any public emergency response vehicle equipped with a dynamic braking device will be allowed to use such device during a response to an emergency situation. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: August 23, 2022 Second Reading: September 14, 2022 Published: 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 #:ORD 22-029,Version:2 Second Reading and Action on Ordinance 22-029, an Ordinance Authorizing Budget Amendment No. 7 to the 2022 Budget. Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This five-part budget amendment includes a transfer from the City Manager’s Contingency Fund and increases revenue and expenditure authority for priority items that have been identified since the previous amendment. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: August 9, 2022 / August 23, 2022 Subject: Ordinance 22-029: Budget Amendment No. 7 Presenter: Ashley Rentsch, Senior Finance Manager Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This five-part budget amendment includes a transfer from the City Manager’s Contingency Fund and increases revenue and expenditure authority for priority items that have been identified since the previous amendment. Background: Necessary changes to the 2022 budget have been identified recently, to include accounting for insurance reimbursements and expenditures related to the M ay 12 storm event, authorizing funds for a salary survey and cyber insurance, increases related to personnel changes, and cleaning up our Economic Development, Special Assessment, TIF, and Capital Project budgets. Item Details: Part 1  The City wanted to show appreciation for staff who responded to the May 12 storm event by providing a luncheon.  The City’s salary survey consultant is booking projects 6-8 months out. As the City desires to have an updated salary survey completed around the end of Q1 2023 for the 2024 budget process, it is pertinent to mo ve forward and get on the salary survey consultant’s schedule. Dept./Fund Increase/(Decrease) Amount Description Human Resources 3,000 Employee Appreciation Lunch - May 12 Storm Recovery Human Resources 12,000 Salary Survey Community Development 2,300 Community Development Office Manager City Clerk 7,300 Deputy City Clerk Non-Departmental Expenditure (24,600) Contingency Transfer for salary survey, employee appreciation lunch, and personnel changes  Personnel changes in the Community Development Office Manager and Deputy City Clerk positions require adjustments to the 2022 budget, which will be covered by a transfer of City Manager’s Contingency Funds. Part 2  Per Ordinance 22-001, the City Council authorized $100,000 of economic development reserves for the Economic Development Master Plan. This Ordinance transfers the budget authority for the reserves to be taken from the CIP Fund’s economic development reserves rather than the General Fund.  Per Ordinance 22-008, the City Council authorized $20,000 of economic development reserves for exploration of opportunities to develop the Marketplace property. This ordinance increases the transfer budget in the CIP Fund to utilize these reserves. Part 3  The City is underinsured with its current cyber insurance coverage level limit of $500,000 coverage. The City received a quote from Coalition for cyber insurance for one year with a $2,000,000 coverage limit.  The requested funds will be used to pay for the cyber insurance coverage with Coalition. The City can use the savings from the worker’s compensation audit premium refund to offset the cost of this additional cyber insurance coverage. Part 4  The City has received insurance reimbursements less the deductible for structural damage caused by the May 12 storm event.  Uninsured costs include contracted tree removal and hauling, as well as other miscellaneous expenditures related to the storm. FEMA funding is anticipated to cover a portion of this, however an estimate is not available at this time. Dept./Fund Increase/(Decrease) Amount Description General Fund (100,000) Move budget authority to CIP Fund for use of Economic Development Reserves CIP Fund 100,000 Transfer of budget authority from General Fund to CIP Fund for use of Economic Development Reserves CIP Fund 20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration. General Fund 20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration. Dept./Fund Increase/(Decrease) Amount Description Information Technology 26,454 Cyber insurance coverage increase Non-Departmental Revenue 34,928 Worker's Compensation Audit Premium Refund Dept./Fund Increase/(Decrease) Amount Description Non-Departmental Revenue 982,432 Insurance Reimbursement Net of Deductible Non-Departmental Expenditure 1,300,000 Estimate of total expenditures for May 12 Storm Recovery Part 5  Part A: In 2021, the annual street and sidewalk special assessment project bids were rejected, as they came in higher than expected. This amendment authorizes an additional $121,000 to the street and sidewalk improvements budget to account for the additional improvements planned for this year . A resolution will be presented at the next Council meeting for an interfund advance from the CIP fund, which will cover the up-front costs of these additional improvements. This will be paid back as special assessment revenue is received.  Part B: This amendment adds TIF1 revenues and the State Revolving Fund loan payment amounts to the budget that were not included in the original 2022 appropriation ordinance.  Part C: Resolution 22-034 authorized a loan from the General Fund to the TIF 1 Capital Project Fund. This amendment simply a dds those totals to the budget for presentation purposes.  Part D: The final pay request for the S. Main and 34th Avenue Project Fund was received at the beginning of this year. The transfer of $7,500 to this fund will close the project.  Part E: The expenditure budget for the 20th Street interchange was included in the original 2022 appropriation ordinance. This amendment adds the expected contributions from Brookings County and a private donor, as well as expected reimbursements from the South Dakota Department of Transportation.  Part F: This amendment recognizes the Community Development Block Grant funds and related construction expenditures for the Brookings Food Pantry project. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and increasing transparency regarding City operational needs. Dept./Fund Increase/(Decrease) Amount Description A Special Assessments Fund 121,000 Additional street and sidewalk improvements B TIF 1 - Innovation Campus 544,891 Anticipated TIF Revenues B TIF 1 - Innovation Campus 33,509 SRF Loan Payment B TIF 1 - Innovation Campus 11,168 SRF Loan Payment C General Fund 1,752,140 Transfer to Innovation Campus Project C TIF 1 - Innovation Campus - Project 1,752,140 Innovation Campus Project Budget C TIF 1 - Innovation Campus - Project 170,000 Innovation Campus Project Budget C TIF 1 - Innovation Campus - Project 1,582,140 Innovation Campus Project Budget D S. Main & 34th Ave. Project 7,500 Final pay request D S. Main & 34th Ave. Project 7,500 Final pay request D CIP Fund 7,500 Final pay request E 20th Street Interchange 2,498,280 Anticipated County & Private Contributions & DOT Reimbursements F Brookings Food Pantry Project 1,613,500 Grant funds awarded for project F Brookings Food Pantry Project 1,613,500 Estimated construction costs Financial Consideration:  Part 1 transfers budget authority from the City Manager’s Contingency account to accounts in the Human Resources, Community Development, and City Clerk departments, resulting in zero impact to the overall budget.  Part 2 balances the fund transfer budgets for economic development reserves. The related expenditures were budgeted in previous ordinances, meaning these transactions have zero impact to the overall budget.  Part 3 increases expenditure budget authority in the Information Technology Department, which is offset by the Worker’s Compensation Audit Premium Refund. This impacts the budget favorably by $8,474.  Part 4 increases the expenditure budget in the Emergency Event Expenditure account, which is partially offset by insurance reimbursements, resulting in a net increase to the expenditure budget of $317,568. The majority of these additional expenditures are expected to be recovered with FEMA funding, as an emergency declaration was signed on June 29, 2022.  Part 5A: $121,000 additional budget authority to be funded by an interfund advance from the CIP Fund and paid back as special assessment revenue is received.  Part 5B: Expected 2022 TIF 1 Revenues exceed State Revolving Fund loan payment by $500,215.  Part 5C: TIF1 Capital Project expenditures of $1,752,140 are being covered by a loan from the General Fund per Resolution 22-034.  Part 5D: The Final Pay Request for the S. Main & 34th Avenue Project is being covered by a transfer from the CIP Fund of $7,500.  Part 5E: Accounts for expected revenues from the Brookings County and private donor portions of the 20th Street Interchange project, which are expected to be $2,498,280, and will offset expenditures initially paid by the City.  Part 5F: Accounts for the grant revenues of $1,613,500 and construction expenditures in the same amount, resulting in no budget impa ct. 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 Ordinance Ordinance 22-029 An Ordinance Authorizing Budget Amendment No. 7 to the 2022 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 2022 budget: PART 1: Contingency Transfer for Employee Appreciation Lunch and Salary Survey, and personnel changes in the Community Development and City Clerk departments. Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Human Resources 101-414-5-856.45 Employee Recognition $3,000 Employee Appreciation Lunch: May 12th Storm Recovery Human Resources 101-414-5-422-03 Consulting & Engineering $12,000 Salary Survey Community Development 101-418-5-101-00 Regular Pay $2,300 Community Development Office Manager City Clerk 101-403-5-101-00 Regular Pay $7,300 Deputy City Clerk Non-Depart. Expenditure 101-405-5-856-97 City Manager’s Contingency ($24,600) Contingency Transfer for salary survey, employee appreciation lunch, and personnel changes Part 2: Balance transfer budgets for use of economic development reserves Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description General Fund 101-000-7-899-05 Transfer Out ($100,000) Move budget authority to CIP Fund for use of Economic Development Reserves CIP Fund 213-000-7-899-05 Transfer Out $100,000 Transfer of budget authority from General Fund to CIP Fund for use of Economic Development Reserves CIP Fund 213-000-7-899-05 Transfer Out $20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration General Fund 101-000-6-700-03 Transfer in from CIP Fund $20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration PART 3: Increase budget for Cyber Insurance Coverage and Worker’s Comp Refund Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Information Technology 101-416-5-421-00 Insurance $26,454 Cyber insurance coverage increase Non- Departmental Revenue 101-000-4-669-08 Workers Compensation Refund $34,928 Worker’s Compensation Audit Premium Refund PART 4: Increase budget for May 12 storm recovery expenditures and insurance reimbursements. Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Non- Departmental Revenue 101-405-4-441-08 Reimbursed Expense $982,432 Insurance Reimbursement Net of Deductible Non- Departmental Expenditure 101-405-5-429-03 Emergency Event Expense $1,300,000 Estimate of total expenditures for May 12 Storm Recovery PART 5: Add budget authority for Special Assessments, TIF 1 and Capital Project Funds Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description A Special Assessments Fund 280-000-5-960-00 Street & Sidewalk Improvements $121,000 Additional Street and sidewalk improvements B TIF 1 – Innovation Campus 314-000-4-111-04 Current TIF Taxes $544,891 Anticipated TIF Revenues B TIF 1 – Innovation Campus 314-000-5-601-00 Principal Payment $33,509 SRF Loan Payment B TIF 1 – Innovation Campus 314-000-5-602-00 Interest Payment $11,168 SRF Loan Payment C General Fund 101-000-7-899-05 Transfer Out $1,752,140 Transfer to Innovation Campus Project C TIF 1 – Innovation Campus - Project 514-000-6-700-00 Transfer in from General Fund $1,752,140 Innovation Campus Project Budget C TIF 1 – Innovation Campus - Project 514-000-5-450-08 Designing Fees $170,000 Innovation Campus Project Budget C TIF 1 – Innovation Campus - Project 514-000-5-429-09 Other Project Expenses $1,582,140 Innovation Campus Project Budget D S. Main & 34th Ave. Project 523-000-5-940-00 Other Capital $7,500 Final pay request D S. Main & 34th Ave. Project 523-000-6-700-04 Transfer in from CIP Fund $7,500 Final pay request D CIP Fund 213-000-7-899-25 Transfer Out – Main Ave S $7,500 Final pay request E 20th Street Interchange 528-000-4-441-08 Reimbursed Expense $2,498,280 Anticipated County & Private Contributions & DOT Reimbursements F Brookings Food Pantry Project 533-000-4-334-07 Grants $1,613,500 Grant funds awarded for project F Brookings Food Pantry Project 533-000-5-911-00 Buildings & Structures $1,613,500 Estimated construction costs All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: August 9, 2022 Second Reading: August 16, 2022 Published: 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 22-0325,Version:1 Public Hearing and Action on a request for Video Lottery for Tee’d Off Golf, LLC, 2508 Wilbert Court. Legal description: Lot 10, Block 1, Wilbert Square 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 Tee’d Off Golf, LLC, 2508 Wilbert Court. Owners: Brian & Sharon Brecher, Joe & Mary Schulte, Chris Thompson. Legal description: Lot 10, Block 1, Wilbert Square Addition. All required documents have been submitted. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plans Current Video Lottery List City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: August 23, 2022 Subject: Video Lottery Request for Tee’d Off Golf, LLC Presenter: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for Tee’d Off Golf, LLC, 2508 Wilbert Court. Legal description: Lot 10, Block 1, Wilbert Square Addition. All required documents have been submitted. Pending permit issuance and final inspection per the Community Development Dept. Background: Tee’d Off Golf, LLC, Brian & Sharon Brecher, Joe & Mary Schulte, Chris Thompson , owners, are wanting to expand their business by adding Video Lottery. This video lottery issuance will be associated with the On-Off Sale Malt License for this location. 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 then subject to annual renewal processes. Item Details: Tee’d Off Golf, LLC, has submitted a Video Lottery request for 2508 Wilbert Court. This Video Lottery License will be associated with the On-Off Sale Malt License for 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. See attached proposed floor plan. 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 – Tee’d Off Golf, LLC, will have the opportunity for additional revenue 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 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plan 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 – AUGUST 18, 2022 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. 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 Tee’d Off Golf, LLC NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on August 23, 2022, 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 Tee’d Off Golf, LLC, 2508 Wilbert Court, Suite B, Brookings, SD. Owners: Brian & Sharon Brecher, Joe & Mary Schulte, and Chris Thompson. Legal description: Lot 10, Block 1, Wilbert Square 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 16th day of August, 2022. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 406760010001000 Sec/T wp/Rng -- Pr oper ty Address 2508 WIL BERT C T BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a O w ner Addr ess DEN-WIL INVESTMENTS INC 910 4TH ST BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption WILBERT SQUARE ADDN LOT 10 BLK 1 40,479 SF (Note: Not to be used on leg a l documents) Date created: 8/15/2022 Last Data Uploa ded: 8/15/2022 8:12:58 AM 502 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 2022 Alcohol Licensees with Video Lottery Current # Video Business Lottery Machines Location Tied to 1 9 Bar Nightclub (Nine Inc.)5 303 Main Ave.liquor 2 BP of Brookings, Inc. - Suite A 10 2420 6th St.malt 3 BP of Brookings, Inc. - Suite B 10 2420 6th St.malt 4 Buffalo Wild Wings Bar & Grill 2 1801 6th St.liquor 5 Carpy's Pub 10 714 22nd Ave. So.malt 6 Casino 2000 - Suite A 10 622 25th Ave.malt 7 Casino 2000 - Suite B 10 622 25th Ave.malt 8 Cubby's Sports Bar & Grill (GDT Inc.)7 307 Main Ave.liquor 9 Danny's 10 703 Main Ave. So.liquor 10 Corner Pantry #24 - Suite A 10 600 6th St.malt 11 Corner Pantry #24 - Suite B 10 600 6th St.malt 12 Corner Pantry #19 10 921 20th St. So.wine 13 Deuces Casino, Suite 105A (Commonwealth Gaming & Holdings, Co.)10 223 6th St.malt 14 Deuces Casino, Suite 105B (Commonwealth Gaming & Holdings, Co.)10 223 6th St.malt 15 Deuces Casino, Suite 105C (Commonwealth Gaming & Holdings, Co.)10 223 6th St.malt 16 Deuces Casino, Suite 105D (Commonwealth Gaming & Holdings, Co.)10 223 6th St.malt 17 4 Aces Casino, Suite A 10 141 Main Ave.malt 18 4 Aces Casino, Suite B 10 141 Main Ave.malt 19 4 Aces Casino, Suite C 10 141 Main Ave.malt 20 Jim's Tap 3 309 Main Ave.liquor 21 Main Street Pub 6 408 Main Ave.malt 22 Park Hospitality Inc.0 2500 6th St.liquor 23 Pints & Quarts 0 313 Main Ave.liquor 24 PNP Pub (Schoon's Pub Inc.)10 318 2nd St. So.malt 25 Ray's Corner (Fergen Enterprises Inc.)10 401 Main Ave.liquor 26 Ray's Corner (Fergen Enterprises Inc.) - Suite B 10 401 Main Ave.malt 27 Schoon's Pump N' Pak South (Schoon's Properties Inc.)10 1205 Main Ave. So.malt 28 Skinner's Pub, Inc.9 300 Main Ave.liquor 29 South Main Casino & Pub (SVK Properties, LLC)10 615 Main Ave. So.malt 30 Sully's Irish Pub (3 Guys LLC)7 421 Main Ave.liquor 31 The Clothes Line Lounge - INACTIVE 0 727 Wilson Ave.malt 32 The Depot (MG Oil Company)10 921 20th St. So.malt 33 The Lanes (MG Oil Company)10 722 Western Ave.liquor 34 The Lanes (MG Oil Company) - Suite B 10 722 Western Ave.malt 35 The Lanes (MG Oil Company) - Suite C 10 722 Western Ave.malt 36 The Lodge (Den Wil Hospitality Group, Inc.)5 2515 6th St.liquor 37 The Ram (Jack's Entertainment, LLC)0 327 Main Ave. 38 The Wild Hare (Wonder, Inc.)10 303 3rd St.liquor 39 VFW Geo Dokken Post 2118 0 520 Main Ave.liquor TOTAL MACHINES 304 S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\Video Lottery List - 2022 Last updated: 8/15/2022 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 22-064,Version:1 Resolution 22-064, a Resolution Authorizing an Inter-fund Advance from the Capital Improvement Plan (CIP) Fund to the Special Assessment Fund. Summary: When new projects are proposed, City of Brookings Staff analyzes unrestricted fund balances to determine financial feasibility. The Special Assessment Fund is unique, as it requires up-front funding for projects, which are then paid back by property owners based on the assessment terms as identified in the Special Assessment Policy. Payment in full could take several years following project completion. This resolution authorizes a $121,000 advance from the CIP Fund to the Special Assessment Fund to cover these up-front costs until they are paid back. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: August 23, 2022 Subject: Resolution 22-064: authorizing an Inter-fund Advance from the CIP Fund to the Special Assessment Fund Presenter: Ashley Rentsch, Senior Finance Manager Summary: When new projects are proposed, City of Brookings Staff analyzes unrestricted fund balances to determine financial feasibility. The Special Assessment Fund is unique, as it requires up-front funding for projects, which are then paid back by property owners based on the assessment terms as identified in the Special Assessment Policy. Payment in full could take several years following project completion. This resolution authorizes a $121,000 advance from the Capital Improvement Plan (CIP) Fund to the Special Assessment Fund to cover these up -front costs until they are paid back. Background: The City of Brookings rejected all bids for 2021 Special Assessment Projects due to higher than expected bids. This subsequently pushed the additional work to 2022, for which bids are currently in process. A significant portion of Special Assessment Fund reserves were utilized to finance the large 15th Street and 7th Avenue Improvement Project, decreasing the amount of cash available to front the costs of annual special assessment projects and necessitating an inter-fund advance from the CIP Fund to cover these costs. Item Details: The most recent budget amendment, Ordinance 22-029, authorized an increase in special assessment expenditures of $121,000 to account for the additional work not completed in 2021. With the addition of these estimated expenditures to the budget, the Special Assessment fund will require additional funds to maintain a positive cash balance to pay for related expenditures. The CIP Fund has sufficient cash to provide an advance, which will be paid back in subsequent years as property owners make payments to the City for work performed. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility ensuring that the Special Assessment Fund has sufficient resources to meet obligations for planned projects. Financial Consideration: This action authorizes an advance from the CIP Fund to the Special Assessments Fund for $121,000. Annual special assessment revenues generated from these projects will be paid back to the CIP Fund until the advance is paid back in full, n o later than December 31, 2028. 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 22-064 Resolution Authorizing an Inter-fund Advance from the Capital Improvement Plan (CIP) Fund to the Special Assessment Fund Whereas, the Special Assessment Fund is the funding source for annual sidewalk and alley improvements; and Whereas, the City acknowledges that obligations for special assessment projects are due prior to receipt of special assessment revenue received from property owners; and Whereas, the City desires to finance the up-front costs of special assessments through an inter-fund advance from the CIP Fund to be paid back as special assessment revenue is received; and Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of the City Council, to loan unrestricted cash from one fund to another fu nd of the City, and Whereas, it is in the best interests of the City of Brookings to finance expenditures for upcoming special assessment projects from the CIP Fund with annual special assessment revnues directed to the CIP Fund until the advance is paid in full, no later than December 31, 2028. Now, Therefore, Be It Resolved, that the City Manager is directed to execute an inter- fund advance from the CIP Fund to the Special Assessment Fund, payable as follows: Principal $ 121,000.00 Interest 0.0% Term August 23, 2022 – December 31, 2028 Estimated Payment Schedule: Year Amount Year Amount 2023 $60,500 2026 $12,100 2024 $12,100 2027 $12,100 2025 $12,100 2028 $12,100 TOTAL $121,000 Passed and approved on the 23rd day of August, 2022. 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 22-0328,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 8/18/2022Page 1 of 1 powered by Legistar™ Progress ReportAugust 2022 Food Insecurity Facility •Administrative Processes Complete •Work in Progress/Look Ahead •Surfacing prep/site work •Northwestern gas line install •BMU power/transformer install •Site concrete/asphalt/black dirt •Upcoming Work/Long Range •Framing (2nd Week of August) •Roofing/Windows/Doors (early September) •Masonry (mid-September) •Siding (Late September/Early October) •Estimated Completion: January 2023 Interchange •Recent Updates •Work over the past month included: •Girders installed and decking to bridge poured •The eastern and western approaches along with ramps have had significant progress •Work started at the intersection of 20th St S and 22nd Ave. Intersection closed on August 15th. •Water main installation •Intersection of 20th St S and 34th Ave completed. 34th Ave reopened •Next Steps •Intersection of 20th St and 22nd Ave to be reopened •Substantial completion: July 2023 15th St and 7th Ave Project •Work performed over last month: •Installed remaining ramps •Finished sidewalk •Installed finish asphalt at intersection of Remington and 7th Ave •Opened to traffic on August 11 •Remaining Work •Street lights •Seeding •Punchlist •Work performed over last month: •Finished concrete surface, curb and gutter •Asphalt patching on Main Ave and 8th St S •Line painting •Opened August 11, 2022 •Remaining •Punchlist Main Avenue and 8th Street South Annual Overlay Project •Work Performed over Last Month •8th St S, and 8th St –Milled, overlaid •Jack Rabbit –Installed ramps, regraded, paved •14th Ave –Water main installed •Next Steps •14th Avenue –Install services, curb and gutter, ramps •3rd Street(17th Ave to 22nd Ave) –Mill, ramps, valley gutters •2nd Street (Medary Ave to 16th Ave) –Mill, Curb and gutter repairs •9th St Alley –Mill, pave •Expected Completion: Fall 2022 Household Hazardous Waste Event •2nd Annual Event •Dispose of unwanted waste in a safe and environmentally -responsible manner •August 27, Swiftel Center Lot •8am to 12pm •Free event –request non-perishable food item for Brookings Food Pantry •Visit City website for more information Solid Waste •New Compactor in Service •Used daily •Maximizes cell life •Solid Waste Master Plan •Selected HDR/Banner Associates •Year-long process •Operational and Capital Insight •Future opportunities for public engagement Parks and Recreation •Pack the Park •August 10 •100s of attendees •Pool •Closed for season •Leisure pool repairs –Fall •Sexauer Dog Park •August 30 Ribbon Cutting •Portable Mini Golf •Hillcrest and Moriarty Parks Swiftel Center •August –28 event days •Travis Tritt and Aaron Lewis Concert •1,900 attendees •4H Achievement Days •600 attendees Welcome New Department Heads! •Police Chief •Michael Drake •Starts August 22 •Public Works Director •John Thompson •Starts September 6 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 22-0330,Version:1 Executive Session, pursuant to SDCL 1-25-2.4, for purposes of preparing for contract negotiations or negotiating with employees or employee representatives. 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 8/18/2022Page 1 of 1 powered by Legistar™