HomeMy WebLinkAbout2018_09_11 CC Minutes - publication versionBrookings City Council
September 11, 2018
The Brookings City Council held a meeting on Tuesday, September 11, 2018 at 6:00
p.m., at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Mary Kidwiler, Ope Niemeyer, Dan Hansen, Nick Wendell, Patty
Bacon, and Holly Tilton Byrne. City Manager Paul Briseno, City Attorney Steve
Britzman, and City Clerk Shari Thornes were also present.
6:00 PM Regular Meeting
Consent Agenda. A motion was made by Council Member Hansen, seconded by
Council Member Wendell, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne and
Corbett.
3.A. Action to approve the agenda.
3.B. Action to approve the August 28, 2018 City Council Minutes.
3.C. Action on Resolution 18-076, a Resolution authorizing the Wine Operating
Agreement – renewal Hy-Vee Food, Inc., dba Hy-Vee Food Store.
Resolution 18-076 Wine Operating Agreement – renewal
Hy-Vee Food, Inc., dba Hy-Vee Food Store
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement
between the City of Brookings and Hy-Vee Food, Inc., dba Hy-Vee Food Store, Tom
Daschel, Store Manager, 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 790 22nd Ave.
So.
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 ten (10) years, with a renewal in five
(5) years.
3.D. Action on Resolution 18-071, a Resolution Revising Fees of the City of
Brookings, South Dakota.
Resolution 18-071 A Resolution Revising Fees of the City of Brookings, South Dakota
Whereas the fines, fees, and procedures pertaining to services of the City of Brookings
shall be reviewed and revised; and
Whereas the license fees have been established by various chapters of the Code of
Ordinances, The City Clerk license fees shall be revised; and
Whereas weed removal, grass mowed, and line clearance removal is required under
Section 62-90, of the Code of Ordinances, the Parks and Forestry Department service
fees shall be revised; and
Whereas street and sidewalk snow removal is required under Section 74-212, Article 5
of Chapter 74, of the Code of Ordinances, the Parks Department service fees shall be
revised; and
Whereas the Engineer Department building permit fees required under service fees
shall be adopted, under Section 22-35, Article II of Chapter 22 of the Code of
Ordinances, shall be revised; and
Whereas planning and zoning application fees required under Section 66-3 of Chapter
66, of the Code of Ordinances, the Community Development Department fees shall be
revised; and
Whereas the application fees for sign permits required under Chapter 94, of the Code of
Ordinances, the Community Development Departments fees shall be revised; and
Whereas the investigation fee for violation of code under Chapter 94, of the Code of
Ordinances, the Community Development Department fees shall be revised; and
Whereas the Airport Board is recommending fees, the fees shall be revised; and
Whereas the Code of Ordinances under Section 34, requires inspections and plan
reviews by the Fire Department, and reports of fires are provided, the Fire Department
Fees shall be revised; and
Whereas the Police Department assign officers and cars to escort the moving of
structures within the City and provide accident reports the Police Departments fee shall
be revised; and
Whereas the Library Board is recommending fees, the fees shall be revised; and
Whereas the Solid Waste Collections and Landfill fees have been reviewed and
included herein; and
Whereas the standardized fee for black and white copies is $.50, color copies $1.00 for
all departments.
Therefore Be It Resolved that the fees be adopted and become effective January 1,
2019 as follows:
City Clerk - Circuses, carnivals - Each circus per day $75.00, Each carnival or similar
exhibition, per day $25.00, Commercial garbage haulers, License $50.00, Each annual
renewal $25.00, House movers Per year $50.00, Pawnbrokers Per year $50.00,
Plumbing Contractor License $50.00, Each annual renewal $25.00, Vehicles for Hire,
First taxicab, or other vehicle for hire $25.00, Per year Each additional vehicle operated
by the $10.00, same person per year Vehicle for Hire Drivers Per year $15.00,
Transient Merchants Per month or part thereof $100.00, DVD or CD Per disk $5.00,
Transportation Network Company, License $250.00, License - new drivers $25.00, Per
year $15.00, Food Truck Per year $75.00, Temporary Merchant – general Per Month
$50.00, Temporary Merchant - food cart, Per Year $75.00.
Parks & Forestry Department - Weed Control plus contractor cost $65.00, Mowing 1st
hour $150.00, each additional hour or fraction $85.00, each additional hour large area
$125.00, Sidewalk Snow Removal-1st Offense - Per hour-per piece of equipment/1 hr.
minimum $125.00, Sidewalk Snow Removal-2nd Offense - Per hour-per piece of
equipment/1 hr. minimum $175.00, DED Removal/BMU Line Clearance, Aerial Bucket
plus employee wage $160.00, Loader plus employee wage $130.00, Trucks plus
employee wage $90.00, Chipper plus employee wage $90.00, Chainsaw/Miscellaneous
Equipment plus Employee Wage $70.00.
Street Department - Sign Repairs Replacement Cost, Plus Labor, Sales Tax, and
Excise Tax - Traffic Accidents, Vandalism, Street Repairs and Replacement Cost for
Materials.
City Engineer's Department - Residential Building Permit Fees: The base valuation to
determine permit fees for residential buildings and additions are based on a dollar per
square foot schedule per the following. The bid price must be quoted for renovations or
remodels. Dwellings: Single-family dwellings, duplexes, townhouses: Finished Habitable
space per square foot $70.00, Finished basements per square foot $30.00, Unfinished
space (basement and upper levels) per square foot $18.00, Attached garages per
square foot $20.00, Detached garages per square foot $18.00. Building Permit Fee
Schedule Group R-3 and U Occupancies Only: Total Valuation Fees $1.00 - 1,200.00 =
$20.00, $1,200.01 - 2,000.00 = $10.00 for the first $500.00 plus $1.50 for each
additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of
$1,100.00; $2,000.01 - 25,000.00 = $32.50 for the first $2,000.00 plus $6.00 for each
additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,000.01 -
50,000.00 = $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or
fraction thereof, to and including $50,000.00. $50,000.01 - 100,000.00 = $283.00 for the
first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and
including $100,000.00. $100,000.01 - and up = $433.00 for the first $100,000.00 plus
$2.50 for each additional $1,000.00 or fraction thereof. Commercial Building Permit
Fees: The value to be used in computing the building permit fee for all commercial
construction, remodeling, renovation, and repairs shall be the total value of all
construction work for which the permit is issued as well as all finish work, painting,
roofing, electrical, plumbing, heating, air-conditioning, elevators, fire extinguishing
system, and other permanent equipment exclusive of site improvements and parking lot
costs. Commercial Building Permit Fee Schedule: Groups a, B, E, F, H, I, M, S, Group
R Division I's and Division 2's (including Group U's accessory to the R-1 and R-2
occupancies): Total Valuation Fees - $1.00 - 700.00, $1 - 700.00, $20.00, $700.01 to
2,000.00, For values in excess of $700.00, $15.00 for the first $500.00, plus $2.00 for
each additional $100.00 or fraction thereof, to and including $2,000.00; $2,000.01 to
25,000.00 $45.00 for the first $2,000 plus $9.00 for each additional $1,000 or fraction
thereof, to and including $25,000. $25,000.01 to 50,000.00 - $252.00 for the first
$25,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including
$50,000. $50,000.01 to 100,000.00 - $414.50 for the first $50,000 plus $4.50 for each
additional $1,000 or fraction thereof, to and including $100,000. $100,000.01 to
500,000.00 - $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or
fraction thereof, to and including $500,000.00. $500,000.01 to 1,000,000.00 - $2,039.50
for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and
including $1,000,000.00. $1,000,000.00 and up - $3,539.50 for the first $1,000,000 plus
$2.00 for each additional $1,000 or fraction thereof. Other Inspections and Fees:
Inspections outside normal business hours per hour (minimum charge of one hour)
$50.00; Inspection for which no fee is specifically indicated per hour (minimum charge
of 1/2 hour) $50.00; Re-inspection fees assessed under provisions of Section R108 IRC
and 108 IBC per hour $50.00; One-story detached accessory structure with floor area
less than or equal to 200 square feet $25.00; Driveway, demolition, window
replacement and other minor construction per permit $25.00; Roofing and Siding:
Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and R-3 Uses $25.00;
Moving Fee: Dwelling originally constructed on-site and previously occupied $200.00;
Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits
$50.00; Moving Fee: Accessory building, mobile home, modular home, manufactured
home $50.00; Residential Contractor's License Annual Fee $75.00; Work commencing
before permit issuance: The minimum investigation fee shall be equal to the amount of
the permit fee required by code. Planning and Zoning: Change of Zone $250.00;
Planned Development District $250.00; Final Development Plan $100.00; Major
Amendment $250.00; Minor Amendment $100.00; Board of Adjustment $125.00;
Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre $200.00; Final
Plats $160.00; Vacation $150.00; I-1R Site Plan $150.00; Conditional Use $250.00;
Annexation $150.00; Zoning & Use Registration Permit $60.00; Rental License - per
structure plus $2.00 for each dwelling unit $20.00; Tax Increment Financing Application
$1,000.00; Permanent Signs - Square Feet: From 0 to less than 30 $25.00, From 30 to
less than 60 $30.00, From 60 to less than 90 $35.00, From 90 to less than 120 $40.00,
From 120 to less than 150 $45.00, From 150 to less than 180 $50.00, From 180 to less
than 210 $55.00, From 210 to less than 240 $60.00, From 240 to less than 270 $65.00,
From 270 to less than 300 $70.00; From 300 to less than 330 $75.00, From 330 to less
than 360 $80.00, From 360 to less than 390 $85.00, From 390 to less than 420 $90.00,
From 420 to less than 450 $95.00, From 450 to less than 480 $100.00, From 480 to
less than 510 $105.00, From 510 to less than 540 $110.00, From 540 or more $115.00,
Non permanent Signs $15.00, Portable Signs per week $15.00, Portable Signs per
month. Maximum permit period shall not carry over from one permit period to the next
$45.00; Banner Signs Exempt.
Code Enforcement - Code Enforcement Investigation per hour (1 hour minimum)
$45.00. Industrial Lands: Crop Land Lease Based on Bid.
Airport Fees - Land Lease per square foot: For Private Hangars $0.12, For Commercial
Hangars $0.15, Fuel Flowage: per gallon FBO $0.06, per gallon Others $0.06; Crop
Land Lease Based on Bid; Tie Down Fee Per week for tie down 11 days or longer from
April 14 to October 14 $25.00, Hanger Application Fee $25.00.
Fire Protection Systems Fees - Fire Sprinkler Systems $75.00 plus $.45 per sprinkler
head; Retrofitted Fire Sprinkler Systems $75.00 plus $.45 per sprinkler head; Kitchen
Hood Extinguishing Systems $90.00; Kitchen Hood Extinguishing System Modification
$45.00; Clean Agent or other Total Flooding System per square foot of covered area
$0.20; Fire Alarm Systems $75.00 + $.45 each initiation & signaling device; Fire Alarm
System Modifications $37.50 + $.45 each initiation & signaling device; False Fire Alarm
Calls when trucks roll $0.00 First Call, $50.00 Second Call, $100.00 Third Call;
Flammable & Combustible Liquids Fees - Flammable & Combustible Liquids $90.00;
Flammable & Combustible Liquids Modifications $45.00; Site Plan Review - Site Plan
Review per hour (one hour minimum) $45.00, Inspections outside of normal business
hours per hour (two hour minimum) $45.00, Re-inspection per hour (one hour minimum)
$45.00; Fire Incident Reports $10.00.
Library Fees - Out of County Library Card Per individual $35.00, Per family $45.00, Fax
Sent or Received per page $2.25; Fines Per day books $0.10; Fines Per day
DVD’s/VHS $1.00, Process Fee Lost material per item $5.00.
Police Department Fees - Moving of Structure Per unit (Officer and patrol car) $50.00 2
hour minimum per unit; accident Reports Per report $5.00, Pictures, each $4.00.
Collection / Landfill Fees - Residential Rate monthly plus sales tax $18.00; Additional
Carts monthly plus sales tax $3.50; Yard Waste - Special Bag per bag $0.95;
Commercial Charges - 5 carts monthly plus sales tax $35.00; Additional Carts monthly
plus sales tax $3.50; Dumpster Charges - Twice Week Pick Up: 1.5 cubic yard
container monthly plus sales tax $90.00, 2.0 cubic yard container monthly plus sales tax
$115.00, 3.0 cubic yard container monthly plus sales tax $140.00, 4.0 cubic yard
container monthly plus sales tax $165.00, 5.0 cubic yard container monthly plus sales
tax $190.00, 6.0 cubic yard container monthly plus sales tax $217.00, 7.0 cubic yard
container monthly plus sales tax $243.00, 8.0 cubic yard container monthly plus sales
tax $268.00; Dumpster Charges - Additional Pick Up 1.5 cubic yard container plus sales
tax $29.00, 2.0 cubic yard container plus sales tax $35.00, 3.0 cubic yard container plus
sales tax $47.00, 4.0 cubic yard container plus sales tax $58.00; 240 Pound Material
Minimum plus sales tax and $1.00 per ton state fee $5.00, Commercial plus sales tax
and $1.00 per ton state fee $43.00, Compost/Leaves/Grass plus sales tax and $1.00
per ton state fee $43.00, Demolition plus sales tax and $1.00 per ton state fee $43.00,
Domestic plus sales tax and $1.00 per ton state fee $43.00, Industrial plus sales tax and
$1.00 per ton state fees $43.00, Metal plus sales tax and $1.00 per ton state fee
$43.00, Asbestos (region only) plus sales tax and $1.00 per ton state fees $43.00; 500
Pound Material Minimum plus sales tax $5.00, Fill per ton plus sales tax $21.00,
Lumber per ton plus sales tax $21.00, Roofing and Siding per ton plus sales tax $21.00,
Concrete per ton plus sales tax $21.00, Trees per ton plus sales tax $21.00,
Contaminated Soil per ton plus sales tax $11.00, Asbestos (accepted in region only) per
bag plus sales tax $7.50, Refrigerators / Air Conditioners plus sales tax $12.00, Mobile
Homes plus sales tax $135.00, Tires: ATV plus sales tax $2.00, Car plus sales tax
$3.00, Pickup plus sales tax $5.00, Tire on Rim plus sales tax $6.00, Truck plus sales
tax $11.00, Tractor plus sales tax $30.00.
3.E. Action on Resolution 18-076, a Resolution authorizing Change Order No. 1
(Final) for 2018-06TI Chip Seal Project, Topkote, Inc.
Resolution Authorizing Change Order No. 1 (Final) for 2018-06TI
Chip Seal Project, Topkote, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2018-
06STI, Chip Seal Project:
Construction Change Order Number 1: Adjust plan quantities to as-constructed
quantities for a total decrease of $48,989.12 t1o the contract to close out the project.
Presentation on Brookings County Drug Court. Brookings County States Attorney
Teree Nesvold, the Honorable Abigail Howard Third Circuit Magistrate Judge, and
Assistant Police Chief Derrick Powers presented on the Brookings County Drug Court
Program.
Ordinance 18-013. An introduction and first reading was held on Ordinance 18-013, an
Ordinance authorizing Supplemental Appropriation #2 to the 2018 Budget. Second
Reading: September 25, 2018.
Ordinance 18-012. An introduction and first reading was held on Ordinance 18-012, an
Ordinance Amending Chapter 82 of the Code of Ordinances of the City of Brookings
and Pertaining to Permitted Parking in Municipal Parking Lots. Public Hearing:
September 25, 2018.
Temporary Liquor License. A public hearing was held on a Temporary Liquor
Applications from Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota on September 20 for the Festival of Books to be held at the
SDSU Alumni Center, 815 Medary Avenue. A motion was made by Council Member
Kidwiler, seconded by Council Member Tilton Byrne, that the Temporary Liquor
Application be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Resolution 18-074. A public hearing was held on Resolution 18-074, a Resolution of
Intent to Lease to Precision Health Technologies, LLC the following described property
in the Research and Technology Center, 811 32nd Ave., Brookings, SD. A motion was
made by Council Member Hansen, seconded by Council Member Wendell, that
Resolution 18-074 be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Ordinance 18-011. A public hearing was held on Ordinance 18-011, an Ordinance
appropriating monies to fund the necessary expenditures and liabilities of the City of
Brookings for the 2019 Fiscal Year and providing for the Annual Tax Levy and Annual
Tax for All Funds. A motion was made by Council Member Bacon, seconded by Council
Member Hansen, that Ordinance 18-011 be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and
Corbett.
Capital Improvement Plan and Community Reinvestment Plan. A public hearing
was held on the adoption of the Capital Improvement Plan and Community
Reinvestment Plan. A motion was made by Council Member Hansen, seconded by
Council Member Tilton Byrne, that the Capital Improvement Plan and Community
Reinvestment Plan be adopted. The motion carried by the following vote: Yes: 7 -
Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
City of Brookings 2018-2023 Strategic Plan. A public hearing was held on the City of
Brookings 2018-2023 Strategic Plan. A motion was made by Council Member Bacon,
seconded by Council Member Hansen, that the City of Brookings 2018-2023 Strategic
Plan be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Wendell, to adjourn the meeting at 6:39 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk