HomeMy WebLinkAbout2019_06_11 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers5:00 PMTuesday, June 11, 2019
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 STUDY SESSION
1.ID 2019-0240 Presentation of the Windermere/Moriarty Edgebrook Additions Drainage
Study.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
3.A. Action to approve the agenda.
3.B.ID 2019-0235 Action to approve the May 28 and May 30-31, 2019 City Council Minutes.
4. Items removed from Consent Agenda.
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
5.B. SDSU Student Association Report.
Page 1 City of Brookings
June 11, 2019City Council Meeting Agenda
6. Contracts/Change Orders:
6.A.RES 19-047 Action on Resolution 19-047, a Resolution Awarding Bids on Brookings
City & County Lawn Care & Snow Removal Services.
6.B.RES 19-048 Action on Resolution 19-048, a Resolution Awarding Bids on Project
2019-03STI 20th Street South Improvement Project.
7. Ordinance First Readings:
7.A.ORD 19-009 Introduction and First Reading on Ordinance 19-009, an Ordinance
Authorizing Supplemental Appropriation #2 to the 2019 Budget. Second
Reading: June 25, 2019.
7.B.ORD 19-010 Introduction and First Reading on Ordinance 19-010, an Ordinance
Amending Section 2-34 of Chapter 2 of the Code of Ordinances of the City
of Brookings and Pertaining to the First Reading Policy of Ordinances in
the City of Brookings. Second Reading: June 25, 2019.
8. Public Hearings and Second Readings:
8.A.ID 2019-0220 Public Hearing and Action on two Temporary Alcohol Applications from
Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota on September 6 for the 50-year Club Reunion,
and on October 4 for the Distinguished Alumni Banquet to be held at the
SDSU Alumni Center, 815 Medary Avenue.
8.B.ID 2019-0236 Public Hearing and Action on a Temporary Alcohol Application from RGO,
Inc., dba Pheasant Restaurant & Lounge, to operate within the City of
Brookings, South Dakota on July 11, 2019 for a Mama Mia Fundraiser for
the Brookings Community Theatre to be held at Brookings Cinema 8, 219
6th Street.
8.C.ID 2019-0238 Public Hearing and Action on the transfer of an On-Sale Malt License from
Pints & Quarts, Inc., dba Pints & Quarts, Brennan and Lori Sullivan,
owners, to KR Hospitality, Inc., dba Pints & Quarts, Kevin and Kristi Raab,
owners, 313 Main Ave., Brookings, South Dakota, legal description: Lot 7,
Block 3, Original Plat Addition.
8.D.RES 19-046 Public Hearing and Action on Resolution 19-046, a Resolution authorizing
the City Manager to enter into an Operating Agreement for a Liquor
License for KR Hospitality, Inc., dba Pints & Quarts, Kevin and Kristi Raab,
owners, 313 Main Ave., Brookings, SD, legal description: Lot 7, Block 3,
Original Plat Addition.
8.E.ORD 19-005 Public Hearing and Action on Ordinance 19-005, an Ordinance Amending
Article VI of Chapter 22 of the Code of Ordinances of the City of Brookings
and Pertaining to Rental Dwelling Units in the City of Brookings.
Page 2 City of Brookings
June 11, 2019City Council Meeting Agenda
8.F.ORD 19-008 Public Hearing and Action on Ordinance 19-008, an Ordinance amending
the Zoning Ordinance of the City of Brookings to include Indoor Recreation
Facility as a permitted special use in the Business B-1 Central District,
Business B-2 District, Industrial I-1 Light District, Industrial I-2 Heavy
District, and Industrial I-1R Restricted District.
9. Other Business:
9.A.ID 2019-0243 Discussion and Action to Adopt the Master Drainage Plan Priority List.
9.B.ID 2019-0244 Action on a Motion to Proceed with Design Services for the Bob Shelden
Athletic Complex Renovation Project.
9.C.RES 19-045 Action on Resolution 19-045, a Resolution authorizing the City Manager to
Sign Wetland Functional Capacity Unit Credits Purchase Contract with
North Central Mitigation.
10. City Council member introduction of topics for future discussion.
11. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, Acting City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request by contacting (605) 692 6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact (605) 692 6281 at least three working days prior to the meeting.
Page 3 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 2019-0240,Version:1
Presentation of the Windermere/Moriarty Edgebrook Additions Drainage Study.
Summary:
City staff, along with Kent Johnson from Banner Associates, will present the results of the Drainage
Study for the Windermere Addition and Moriarty Edgebrook Addition.
Background:
The City of Brookings contracted with Banner Associates in 2018 to perform a Drainage Study of a
portion of the Moriarty-Edgebrook and Windermere Additions. The study included a topographic
survey of the area including street, drainage, and structure opening elevations, a storm drainage
analysis to verify on-site and run-on drainage and an EPA Stormwater Management Model (SWMM)
to analyze flows, flow routing, and water elevations. The report analyzed several alternatives for
drainage improvements and made recommendations. City staff and Banner Associates held three
neighborhood meetings with the Windermere/Moriarty Edgebrook Addition residents to present
information, receive feedback, and answer questions.
The final report is attached for informational purposes. A notice was sent to the neighborhood
residents to invite them to this City Council meeting presentation.
Attachments:
Drainage Report
City of Brookings Printed on 6/6/2019Page 1 of 1
powered by Legistar™
Page 1 of 10
TECHNICAL MEMORANDUM
TO Jackie Lanning, City of Brookings Engineering
FROM Kent R. Johnson, Banner Associates, Inc.
DATE 01-02-2019
SUBJECT Windermere/Moriarty Edgebrook Addition Drainage Study BAI No. 22878.00
Introduction, Purpose and Objectives:
This report was prepared in accordance with an engineering and surveying services agreement dated August
30, 2018, between the City of Brookings and Banner Associates, Inc. This agreement provides for drainage
analysis on the existing drainage system that drains storm water from Moriarty Edgebrook Addition through
Windermere Pointe Addition and from within Windermere to its discharge point of an existing detention pond
at its west edge. The entire watershed is approximately 50 acres as shown in Figure 1.
Figure 1 - Subcatchment Delineation
Page 2 of 10
The purpose of this technical memorandum is to present analysis completed at the request of the City in
response to surface water drainage concerns for locations within the drainage basin and specifically the valley
gutter between 1833 Windermere Way and 1903 Windermere Way, where storm water has inundated the
residential structures during significant rainfall events. A precipitation event on July 19, 2018, occurring mainly
between midnight and 6AM, resulted in rainfall depth measurements exceeding 6” in and around the City of
Brookings. This study is primarily focused on evaluating the design, development and performance of the
overall storm sewer system in the Windermere area and exploring potential actions that could reduce the
impacts of major storm events. This was accomplished by creating a storm system model capable of simulating
various rainfall/runoff events and evaluating potential improvements for the area. This study is intended to
verify design and functionality of the storm sewer system for the 5-year and 100-year storm event and not
intended to address or mitigate the damages caused by extraordinary storm events such as the July 19, 2018
event. Any improvements suggested herein pertain to the 100-year storm event, as per the City’s Storm
Drainage Design and Technical Criteria Manual (2006).
The upstream drainage area to the northeast is within the Moriarty Edgebrook area which channels surface
drainage along Pebble Beach Drive and 17th Avenue and enters an underground stormwater pipe system at a
single sag location near the intersection of 17th Ave and Pebble Beach Dr. The underground system discharges
to an open valley gutter which passes between 1833 Windermere Way and 1903 Windermere Way. Almost
half of this upper drainage system consists of Moriarty Park and the remainder is single family residential
housing. The Moriarty drainage area is approximately 24 acres and is broken down into eight (8)
subcatchments within the computer model. Figure 1 shows the subcatchment delineation.
The western drainage area is within the Windermere Pointe area and channels surface drainage along two
different routes to a detention pond located in the southwest portion of the Windermere Pointe Addition. The
southern drainage path is along Windermere Way, then to St Justice Street and then to Tanbury Lane with
several storm inlets and underground storm drainage pipe which outlets to the detention pond. The northern
route generally collects in the street along Windermere Way’s northern loop and turns south at Tanbury Lane
before collecting and discharging to the Windermere detention pond through a storm sewer pipe. The
Windermere drainage area measures approximately 27 acres and is broken down into 14 subcatchments.
The Windermere detention pond discharges into 20th Street South through an outlet control structure by
means of a storm sewer pipe connection for minor events and an overflow weir for major events.
Rainfall Event Information:
The rainfall event that occurred on July 19, 2018 in Brookings County delivered rainfall amounts ranging from
6.0” to 8.0” as seen on the National Weather Service (NWS) Map in Figure 2. The SDSU weather station,
located at the 22nd Ave and US Hwy 14 bypass intersection, recorded 6.05” of rain between 12:45AM and
5:15AM; as well as an additional 0.22” throughout the remainder of the same day.
Community Collaborative Rain, Hail & Snow (CoCoRaHS) is a network of volunteers that record precipitation
measurements generally at 7AM each day. Although CoCoRaHS is not a government regulated entity,
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volunteers follow a simple set of procedures, use a standardized rain gage, and report their daily precipitation
amount on the project website. In order to estimate the amount of rainfall that the study area received, an
inverse weighting procedure was used with the data obtained from the CoCoRaHS map shown in Figure 3.
Figure 2- National Weather Service 1-Day Observed Precipitation Map, July 19, 2018
Figure 3 - CoCoRaHS Precipitation Map (*indicates weighted value)
Page 4 of 10
Using the inverse weighting procedure, it was calculated that 6.95” of precipitation fell on the study area for
this rain event for the 24-hr period. (See Figure 3) Using the National Oceanic and Atmospheric Administration
(NOAA) Atlas 14 point precipitation frequency estimates to rank this event given the duration of the storm and
precipitation depth is shown in Figure 4. The period of time when the majority of precipitation occurred was
between 12:45AM and 5:15AM (4.5 hr duration). Projecting the same rainfall distribution and duration of the
Figure 4 - Precipitation Ranking
Page 5 of 10
SDSU weather station to the inverse weighted rainfall depth discussed earlier, the precipitation exceeds a 1000
Year recurrence interval as shown in Figure 4.
Storm Drainage Criteria:
The Storm Drainage Design and Technical Criteria Manual, dated May, 2006, specifies the minimum design
standards for storm drainage. In general, storm water conveyance systems within the right-of-way are
designed to handle the 5-year minor storm event within an underground pipe; while the major storm event, up
to a 100-year event, is designed to be carried within the street or channel. Drainage ways outside the right-of-
way are to be designed for the 100-year storm event. All the streets within this study area are a local street
classification. Tables 11, 12, and 13 of the drainage manual detail specific criteria for the minor and major
storm runoff on streets as described below.
Table 11 (5-year Minor Storm) indicates the street should be designed so that no curb overtopping
occurs and flow may spread to the crown of the street which means 6” of gutter flow depth is allowed
for standard curbs. Roll-type curbs, like the curbs installed in the Windermere development, have less
available gutter depth, so the flow may spread to the back of the sidewalk when used.
Table 12 (100-year Major Storm) states that streets are allowed to have 18” of flow at the crown of the
street and that building structures shall not be inundated at the ground line which means no
structures shall be touching the 100-year storm water flowing in the streets.
Table 13 lists the allowable cross street flow for minor and major storm event. For a local street
classification, 6 inches of depth in the cross pan or valley gutter is allowed for the minor storm event
while 18 inches of depth is allowed for the major storm event.
Storm Pipe Design (5-year Minor Storm):
The hydraulic and energy gradeline (HGL and EGL) shall be at or below the ground line. The maximum
velocity shall be less than 15 feet per second (fps). The minimum allowable pipe slope shall be 0.5
percent or the slope shall produce a velocity of 3 fps.
Existing underground stormwater infrastructure:
The storm inlets and drainage pipe size and locations are shown on Sheet 1 attached. There are three (3) curb
opening inlets which are connected to 18” underground storm drainage pipe in the Moriarty Edgebrook area.
The 18” pipe traverses around a residential lot and discharges to an open channel with a concrete valley gutter
bottom and eventually drains to a 24” flared end section storm drainage pipe at Windermere Way. Along
Windermere Way down to St Justice Street there are five (5) curb opening inlets (all on-grade) which intercept
street drainage which supply 24” underground storm pipe. When the system turns west down St Justice Street,
the pipe size increases to 30” storm pipe and discharges to the detention pond after jogging north along
Tanbury Lane for a short segment. There are four (4) curb opening storm inlets (all in sag) along St Justice
Street and Tanbury Lane that also contribute to the 30” storm pipe flow.
The north drainage system in the Windermere area includes one (1) storm inlet (in sag) at the west end of
Windermere Circle which discharges through an 18” storm pipe to the backyard horseshoe-shaped area where
it eventually drains overland to a flared end-section 30” storm pipe which drains it to Tanbury Lane. The north
Page 6 of 10
Windermere Way street conveys drainage westerly along the street until it meets up with Tanbury Lane and is
intercepted by two (2) storm inlets (on-grade) and an underground 18” storm pipe that travels south under
Tanbury Lane until two (2) storm inlets (in sag) intercept and combine with the horseshoe area pipe and drain
underground west between homes in a 30” storm pipe to the detention pond.
Stormwater model analysis:
For this analysis, an EPA-Storm Water Management Model (EPA-SWMM) was constructed, which is a 1D node-
link computer model. The runoff model portion uses the SCS Curve Number (CN) infiltration method with
drainage area (subcatchments) inputs such as subcatchment areas, percent imperviousness, and
subcatchment widths from studying topographic maps, NRCS soil surveys, and aerial photos. Note that the CN
assigned in the model only represents the pervious areas (lawns, grass, and etc.) which has been entered for
all the subcatchments listed in this study. The CN of 74 is from TR-551, Table 2-2a for urban areas, open space
in good condition (grass cover > 75%) with Hydrologic Soil Group (HSG) C. Infiltration does not occur over the
impervious percentage of the subcatchment areas and contributes almost directly to runoff.
The rainfall inputs were a 24-hr SCS Type 2 rainfall distribution for the 5-year minor storm and 100-year major
storm events, which is the accepted standard for drainage design. The July 19, 2018 rainfall event data was
also entered as a rainfall input for purposes of calibrating the model. A dynamic wave routing model was
utilized for the hydraulic analysis.
At the downstream (west) end of the valley gutter between 1833 and 1903 Windermere Way, when the 24”
storm pipe capacity has been exceeded, flows begin to discharge over the sidewalk and curb along
Windermere Way. This overflow is modeled as a weir in order to calibrate the model and match the observed
highwater mark. The weir elevation was held constant at the elevation of the sidewalk between the valley
gutter and the street, while the weir length was adjusted until the SWMM node (FE-01) elevation at that
location matched the observed highwater mark elevation. Options for flooding relief will compare water
elevation results at node FE-01 to measure the effectiveness of each alternative.
Evaluation of Original Windermere Addition Storm System Design:
The Windermere Pointe Addition Final Drainage Study was completed in May, 2008 by Banner Associates, Inc.
The drainage study used the “Rational Method” to size the drainage system as well as to quantify the pre-
existing run-on drainage from Moriarty Edgebrook Addition. The Rational Method is explained in the City’s
Storm Drainage Criteria Manual and is a universally-accepted, simple means of determining peak runoff rates
based on the Rational Formula, Q = C*I*A, where C is the runoff coefficient, I is the average intensity of rainfall
(in/hr) for a duration equal to the time of concentration, A is the tributary Area (acres), and Q is the peak rate
of runoff (cfs). The software used to analyze the system using the rational method was StormCAD by Bentley.
The StormCAD output was included in the original Windermere Pointe Addition Drainage Study.
Pre-existing Moriarty Edgebrook Addition run-on flow discussion – Appendix C of the 2008 Windermere
Drainage Study addresses the amount of flow of offsite flow (run-on) draining to the Windermere storm sewer
system. The second paragraph states that the 5-year run-on flow of 13.1 cfs is expected to overtop the
1 Natural Resources Conservation Service, Technical Release 55 (TR-55) “Urban Hydrology for Small Watersheds,” June
1986.
Page 7 of 10
Windermere Way curb by approximately 4.14 cfs. The 100-year flows will do the same (50.47 cfs to the inlet,
39.06 cfs overtop the curb).
The original rational method runoff coefficients selected from the storm drainage criteria manual for the
Moriarty Edgebrook Addition run-on were based on predominately hydrological soil group (HSG) “B” soils, as
determined from the NRCS web soil survey maps from 2008 (therefore, C5 = 0.19 and C100 = 0.43). It is worth
noting that the updated (November, 2018) NRCS soil maps now show predominately HSG “C” soils in this same
area; meaning the soils would have a higher runoff potential. The state soil scientist was contacted and they
explained that soil map units are re-examined periodically by the NRCS and the update resulted in a higher
HSG. Pre-existing run-on flows from Moriarty Edgebrook are combined with the Windermere Addition lots that
drain through the backyards to the valley gutter. The drainage area is approximately 24 acres.
Windermere Pointe Addition – The StormCAD Conduit (pipe) and Catch Basin (inlet) Reports for the minor 5-
year and major 100-year event are contained in Appendix C of the original Windermere Point Drainage Study
and a summary is listed on the first page of the appendix. The minimum pipe slope is either 0.5% or the pipe
velocity is greater than 3 fps. All inlets have a gutter flow depth of less than 6” for the minor event and less
than 18” above the street crown for the major event.
The EPA SWMM stormwater analysis results completed with the present study analysis compare reasonably
well with the StormCAD results from the original Windermere Addition Drainage Study analysis, which
indicates the requirements of the City drainage criterial manual have been met.
A camera inspection of this storm sewer system was recently ordered by the City. If storm pipes are
obstructed or need to be cleaned, it would be indicated in the inspection reports. An obstructed pipe,
depending on the degree of blockage, could potentially impact system capacity because of the flow area
reduction.
Comparison between the Design and As-Built:
Storm pipe system – It is reasonable for the contractor to build within 0.1’ of the plans elevations. Review of
the Windermere Pointe Addition plans and comparing them to recent survey elevations shows the elevations
of the pipe and structure/inlet invert elevations differ by about 0.05’ to 0.25’. Having a difference of 0.25’ is
not unreasonable as long as the storm pipes are draining adequately and not resulting in a flat slope.
Top-of-curb elevations were spot checked between 1833 and 1903 Windermere Way and were determined to
be approximately 0.2’ (about 2.5 inches) higher than the elevation in the original plans. A similar check at the
northwest corner of St Justice Street and Windermere Way indicated that the curb is 0.26’ (about 3 inches)
lower than the design plan elevations.
Based on the recent survey, it appears that the channel between 1833 and 1903 Windermere Way was not
built according to plan. The channel capacity is less with a constricted channel. Sheet 3 (attached) shows the
existing cross-section versus the designed cross-section, as well as the relative locations of the adjacent
homes. This cross-section illustrates the existing window sill elevation is only 1618.07 on the north side of the
channel and is unprotected by any sort of window well or encasement. Sheet 3 similarly shows existing
eastern window on the south side of the channel as a rock landscaped window well with a top elevation of
Page 8 of 10
approximately 1618.89. Although not shown on Sheet 3, the existing west window on the south side of the
channel has a top of galvanized window well elevation of 1618.68.
The entire design grading plan contours comparing the as-constructed (i.e. as-built) plan surveyed in 2018 is
included as Sheet 2 attached. The original grading plan shown on Sheet 3 (attached) is near the valley gutter
between Windermere and Moriarty Edgebrook. It also has many differences between how it was designed
versus how it was constructed. It is reasonable to vary from these as homes are built and lots are graded, but
changing too much can cause unintended drainage problems.
Evaluation of Moriarty Edgebrook Addition Storm System Design:
It is important to evaluate the upstream runoff from Moriarty Edgebrook because it naturally flows through
Windermere. Construction of the Moriarty Edgebrook Addition predates the requirements of the City’s
drainage criteria manual; therefore, no drainage plan or calculations were available for this development.
Near the 17th Street South and Pebble Beach Drive intersection, three (3) inlets in sag condition capture street
flows. The SWMM model shows that the 5-year depth at the west inlet is about 2.1’ (25”), which means that a
portion of the 5-year flow bypasses the inlets and overflows between the homes to Windermere Addition. The
diameter of the underground storm pipe draining this intersection is an 18”. If it were upsized to a 24” pipe,
the 5-year flow would no longer overtop, as the depth at the west inlet is only about 1.45’; however, doing so
would increase the water depth where it discharges to the Windermere valley gutter by approximately 0.3’. In
other words, the existing pipe is at capacity and upsizing it would cause additional drainage problems
downstream in Windermere Pointe Addition.
Evaluation of Options:
Five (5) options were analyzed to help reduce flooding impacts between 1833 and 1903 Windermere Way.
1. Detention Pond in Moriarty Park.
2. Retaining Wall at 1833 & 1903 Windermere Way – construct to 1’ above 100-year water elevation.
3. Combination of Option 1 Moriarty Park Detention Pond and Option 2
a. Detention Pond in Moriarty Park,
b. Lower the retaining wall height at 1833 Windermere Way,
c. Grading work only at 1903 Windermere Way.
4. Installing additional underground storm pipe, sized for a 100-year storm event, from the Windermere
valley gutter to the southwest Windermere detention pond. The pipe would follow the same route as
the existing pipe in St Justice St.
5. Lower the sidewalk downstream of the Windermere valley gutter.
a. The existing sidewalk elevation is 1618.5’. The sidewalk elevation could be lowered to the curb
elevation of Windermere Way which is 1618.2’. Therefore, the sidewalk can be dropped by no
more than 0.3’.
Comparison of the models resulting water elevations at node FE-01 located just upstream of 1833/1903
Windermere Way for the existing and each option are shown in Table 1. Following presentation of this
drainage analysis to landowners, a sixth option was also evaluated which included a buyout of 1833/1903
Windermere Way and the open lot south of 1903 Windermere Way and construction of a detention pond in
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these lots; however, this option is estimated to cost over one million dollars and still inundates 100-year event
pond water on the property to the north of 1833 Windermere Way. Ultimately, the sixth option was not
considered a viable option and has been left out of the results and discussion.
1 Retaining Wall at 1833 and 1903 Windermere Way
2 Retaining Wall at 1833 Windermere Way only; minor grading work at 1903 Windermere Way
A detention pond in Moriarty Park (option 1) is the most effective option. Option 2 protects only the two
structures from the 100-year event and doesn’t reduce the water level or flows in the valley gutter between
the homes. The addition of a 100-year pipe to the existing storm pipes (option 4) does not lower the flows in
the channel enough to warrant pursuing this option unless some other upstream flow reducing options are
implemented. Sheet 4 (attached) shows the location of the options discussed above.
Costs for the Options:
See Table 2 for the preliminary construction cost estimates. A 15% contingency was added to each preliminary
cost estimate. Cost estimates were derived from previous bid openings in the region. Table 2 does not include
any engineering or construction administration fees.
Table 1 - Water Surface Elevations for Elevment FE-01
Table 2 – Costs for Each Alternative
Option 1 2 3 4 5
Event / Description
Existing Moriarty
Pond
Retaining
Wall 1
Retaining Wall and
Moriarty Pond 2
100yr Pipe Lower SW
5yr 1618.15 1617.73 1618.15 1617.73 1618.01 1618.15
100yr 1619.35 1618.05 1619.35 1618.05 1618.40 1619.18
Page 10 of 10
A short discussion of each option is included below:
1. The detention pond grading work is the least expensive part of this option alone, but the costs triple
when adding in all the other items such as street work, piping, structures, and sidewalk. Furthermore,
if only constructing a detention pond to reduce water depths in the valley gutter, it does not provide
any freeboard or safety factor should the downstream storm pipe become plugged or an event larger
than a 100-year occur.
2. The costs for adding a retaining wall to the 1833 Windermere Way property is a fraction of the
detention pond costs; however, this option does not do anything to reduce the amount of water
draining in the storm system. The retaining wall would be constructed to an elevation of 1620.4 which
includes 1’ of freeboard above the existing 100-year water elevation.
3. When installed in conjunction with a detention pond, the retaining wall would be constructed to
elevation 1619.1, which includes 1’ of freeboard above the resultant 100-year event. This would
eliminate the need for a retaining wall on the 1903 Windermere Way structure as only minor grading
to bring it up to a reasonably safe from flooding elevation including the freeboard.
4. Installing a pipe with capacity to carry 100-year storm flows to the Windermere detention pond would
be a major disruption to the Windermere Point Addition area, as it would involve street
reconstruction, utility relocation, and excavation through private properties. It would not reduce the
amount of flows through the drainage channel which is the primary issue. It would reduce the water
surface elevations significantly, but not enough to prevent flooding at the 1833 Windermere Way
structure.
5. Lowering the sidewalk lowers the 100-year water elevation by about 0.17’. It does not impact the 5-
year result. This option could be completed as a stand-alone project or with any combination of the
other options.
PREPARED BY
Kent R. Johnson, PE, CFM
Attachments:
Sheet 1 – Storm sewer layout
Sheet 2 – Design vs. As-built Elevations
Sheet 3 – Cross section between 1833 & 1903 Windermere Way
Sheet 4 – Options
Sheet 5 – Surveyed Finished Floor Elevations and Lowest Opening Elevations
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DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342KRJKRJJLUNOVEMBER 201822878-00STORM SEWER LAYOUT
WINDERMERE POINTE ADDITION
BROOKINGS, SOUTH DAKOTA
1 OF 5HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 12ABASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARING30'15'030'60'
16251
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DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JLUALSKRJNOV, 201822878.00DESIGN VS. AS-BUILT ELEVATIONS
BROOKINGS DRAINAGE EVALUATION
BROOKINGS
-HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 12ABASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARING50'25'050'100'Design ContoursAs-ConstructedContours (surveyed 2018)AA'2 OF 5
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DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342KRJJLUDECEMBER, 201822871.00WINDERMERE POINT ADDITION
CROSS SECTION BETWEEN 1833 & 1903 WINDERMERE WAY
BROOKINGS, SD
3 of 5SECTION 1+12.321833 WINDERMEREWAY1903 WINDERMEREWAYFeet04080CROSS SECTION A-A'PLAN VIEWAA'
STSSSSTSSTSTSTSTSTSSTSTSSTSTSSSTSTSTTTTTTTTTSSTSTSTSTTTTTTTTTTTTTTSTSTSTSTSTSTSTSTSTSTST17TH AVE. S.ST. JUSTICE ST.TANBURY LN.WINDERMERE CIR.WINDERMERE WAYST30" RCPSTORM SEWERJBJBJB36'' ST36'' ST36'' ST36'' STST36'' STPEBBLE BEACH DR.17TH AVE. S.ST. JUSTICE ST.TANBURY LN.WINDERMERE CIR.WINDERMERE WAY
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DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JLUALSKRJNOV, 201822878.00OPTIONS
BROOKINGS DRAINAGE EVALUATION
BROOKINGS
4 OF 5HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 12ABASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARING50'25'050'100'Option 1- MoriartyDetention Pond andPipingOption 2 - Retaining Walls(exact locations TBD)Option 3 - Detention Pond andRetaining Wall (only on 1833Windermere Way, exact location TBD)Option 4 - 100 YearStorm PipeOption 5 - Lower thesidewalk 0.3'18331903
CPCPCPCPCPCPCPCPCPCPSTSTSTSTSTSTSTST1619.44TOE2 E1620.52EOC71618.10G1615.83G1623.59G1623.33G1624.32G1620.94G1619.99G1620.52EOC7 B1623.21G1619.61G1616.22EOC E1618.66G1614.99G1614.75G1614.21G1616.19G1615.23G1614.97G1616.11G1615.40WW 1615 ST JUSTICE1615.16WW 1615 ST JUSTICE1613.22WW 1607 ST JUSTICE1613.31WW 1607 ST JUSTICE1613.46WW 1607 ST JUSTICE1617.05G1613.22WW 1529 ST JUSTICE1613.36WW 1529 ST JUSTICE1613.64WW 1529 ST JUSTICE1616.58G1612.39WW 1523 ST JUSTICE1612.53WW 1523 ST JUSTICE1615.84G1612.02WW 1519 ST JUSTICE1615.46G1612.07WW 1519 ST JUSTICE1612.02WW 1519 ST JUSTICE1612.85WW 1509 ST JUSTICE1612.63WW 1509 ST JUSTICE1615.05FFE1615.03G1619.22FFE1621.22FFE1619.04FFE1618.97FFE1618.52FFE1618.77FFE1619.22FFE1622.53FFE1623.47FFE1623.72FFE1619.55WW 1817 WINDERMERE WAY1621.97FFE1621.09FFE1619.80FFE1615.52WW 1615 ST JUSTICE1617.48WW 1825 WINDERMERE WAY1617.34WW 1825 WINDERMERE WAY1619.44G1615.89WW 1903 WINDERMERE WAY1618.68G1621.88FFE1623.64G1620.23WW 1818 17TH AVE1615.71WW 1903 WINDERMERE WAY1620.32WW 1704 PEBBLE BEACH1620.41WW 1704 PEBBLE BEACH1625.46FFE1624.38FFE1623.73FFE1623.70FFE1624.24FFE1626.02FFE1624.73FFE1624.27FFE1624.86FFE1627.25FFE1626.54FFE1625.72FFE1623.85FFE1626.82FFE1625.18FFE1623.08FFE1623.06FFE1624.58FFE1626.90FFE1623.24FFE1623.07FFE1626.28FFE1623.62FFE1616.19FFE1616.61FFE1611.48G1611.60G1615.79FFE1616.77FFE1623.99FFE1624.45FFE1625.88FFE1626.08FFE1624.82FFE1621.90WW 1907 17TH AVE1621.60WW 1913 17TH AVE1620.90WW 1904 17TH AVE1626.97FFE1624.71FFE1627.17FFE1627.12FFE1621.68G1620.50FFE1620.55FFE1621.86FFE1623.32FFE1623.44FFE1617.48WW 1825 WINDERMERE WAY1619.59FFE1616.92FFE1621.18FFE1620.79FFE1623.20FFE1617.23WW 1919 WINDERMERE WAY1617.27WW 1919 WINDERMERE WAY1617.56FFE1617.26FFE1615.91FFE1612.20WW 1905 TANBURY1611.65WW 1829 TANBURY1611.71WW 1829 TANBURY1615.74G1618.21FFE1616.40FFE1616.76FFE1617.67FFE1616.34FFE1615.93FFE1619.46FFE1616.79FFE1618.09FFE1611.25WW 1825 TANBURY1612.71WW 1821 TANBURY1612.96WW 1821 TANBURY1613.23WW 1821 TANBURY1616.34G1614.22WW 1410 WINDERMERE WAY1620.34FFE1618.53FFE1619.08FFE1620.99FFE1615.09WW 1416 WINDERMERE WAY1611.11WW 1825 TANBURY1611.23WW 1825 TANBURY1611.80WW 1829 TANBURY1615.14G1616.08FFE1615.63FFE1617.60WW 1527 WINDERMERE CIR1617.60WW 1527 WINDERMERE CIR1616.55FFE1618.07BOT WINDOW1618.07BOT WINDOW1617.60G1613.50WW 1529 ST JUSTICE1613.43WW 1607 ST JUSTICE1615.98WW 1903 WINDERMERE WAY17TH AVE. S.ST. JUSTICE ST.TANBURY LN.WINDERMERE CIR.WINDERMERE WAYST
PEBBLE BEACH DR.F:\22878-00\Design Phase\Civil 3D\DWG\Base File\Windermere.dwg;12/14/2018 5:02 PM
DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342KRJKRJJLUNOVEMBER 201822878-00FFE'S, LAG'S AND LOWEST OPENINGS
WINDERMERE POINTE ADDITION
BROOKINGS, SOUTH DAKOTA
5 OF 5HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 12ABASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARING30'15'030'60'
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 2019-0235,Version:1
Action to approve the May 28 and May 30-31, 2019 City Council Minutes.
Attachments:
05/28/2019 Minutes
05/30-31/2019 Minutes
City of Brookings Printed on 6/6/2019Page 1 of 1
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Brookings City Council
May 28, 2019 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 28, 2019 at 5:00 PM, at
City Hall with the following City Council members present: Mayor Keith Corbett, Council
Members Patty Bacon, Leah Brink, Holly Tilton Byrne, Dan Hansen, and Ope Niemeyer.
Council Member Nick Wendell was absent. City Manager Paul Briseno, City Attorney
Steve Britzman, and Acting City Clerk Bonnie Foster were also present.
5:00 PM STUDY SESSION
Discussion Ordinance 19-005, an Ordinance Amending Article VI of Chapter 22 of the
Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in
the City of Brookings.
A motion was made by Council Member Bacon, seconded by Council Member
Hansen, that Discussion on Ordinance 19-005, an Ordinance Amending Article VI of
Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental
Dwelling Units in the City of Brookings, be removed from the table. The motion carried
by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton
Byrne; Absent: 1 – Wendell.
A motion was made by Council Member Bacon, seconded by Council Member
Niemeyer, that action on Ordinance 19-005, an Ordinance Amending Article VI of
Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to
Rental Dwelling Units in the City of Brookings be held at the June 11th Council
Meeting. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen,
Brink, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
6:00 PM REGULAR MEETING
Consent Agenda:A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne;
Absent: 1 – Wendell.
3.A. Action to approve the agenda.
3.B. Action to approve the May 14, 2019 City Council Minutes.
3.C. Action on Annual Malt Beverage Alcohol License Renewals:Aramark/McCrory
Gardens Visitors Center, 16th St. & 22nd Ave.; BP of Brookings, 2420 6th St.; Brookings
Softball Assoc. (Southbrook Softball Diamonds), 2800 22
nd Ave. So.; Carpy’s Pub, 700
22nd Ave. So.; Casey’s General Store #1694, 620 8
th St. So.; Casey’s General Store
#2198, 122 6th St. W.; Casey’s General Store #2419, 534 22
nd Ave. So.; Casino 2000,
622 25th Ave.; The Children’s Museum of South Dakota, 521 4
th St.; CHS, Inc., dba
Cenex Zip Trip #63, 1005 6th St.; CHS, Inc., dba Cenex Zip Trip #64, 3045 LeFevre Dr.;
The Clothes Line Lounge, 727 Wilson Ave. (inactive); Cubby’s Sports Bar & Grill, 307
Main Ave.; Danny’s, 703 Main Ave. So.; The Depot, 919 20
th St. So.; Deuces Casino,
223 6th St., Suite 105A; Deuces Casino, 223 6
th St., Suite 105B; EdgeBrook Golf
Course, 1415 22nd Ave. So.; El Tapatio, Inc., 1717 6
th St., Suite F; Eponymous Brewing
Co., 126 Main Ave. So.; Flavor International Restaurant & Grocery, 501 Main Ave.; Gas
‘N Mor, 600 6th St.; George’s Pizza, Inc., 311 Main Ave.; Guadalajara, Village Square
Mall #1; Hy-Vee Food Store, 790 22nd Ave. So.; Hy-Vee Gas, 716 22
nd Ave. So.; Jim’s
Tap, 309 Main Ave.; The Lodge, 2515 6th St.; Mama Mia, 1300 Main Ave. So.; New
Sake, Inc., 724 22nd Ave. So.; Newman’s Kerr McGee, 503 6
th St.; Old Sanctuary, 928
4th St.; Pints & Quarts, 313 Main Ave.; Pizza Hut #2769, 418 6
th St.; PNP Pub, 318 2nd
St. So.; Ray’s Corner, 401 Main Ave.; Schoon’s Pump N Pak, 202 S. Main Ave.;
Schoon’s PNP Pub South, 1203 Main Ave. So.; Skinner’s Pub, 300 Main Ave.; South
Main Diner, 615 Main Ave. So. Sully’s Irish Pub, 421 Main Ave.; Swiftel Center, 824
32nd Ave.;Tee’d Off Golf, 2508 Wilbert Court, Suite B; Wal-Mart Supercenter #1538,
2233 6th St.; Wilbert’s, 931 25th Ave.; The Wild Hare, 303 3rd St.; Wooden Legs Brewing
Co., 309 5th St., Suite 100.
3.D. Action on appointments to City Boards, Committees and Commissions.
Park & Rec Board College Student Representative: appoint Carson Cody (term expires
5/1/2020); Planning Commission: appoint Jason Meusburger (term expires 12/31/2022);
Public Arts Commission: appoint Ashley Biggar as the Chamber Representative (term
expires 1/1/2022); Swiftel Center Advisory Committee: appoint Jennifer Johnson (term
expires 1/1/2022); Traffic Safety Committee: appoint Jake McGlade (term expires
12/31/202).
3.E. Action on a Preliminary Plat for Lots 26-31, Block 6; Lots 1-31, Block 17; Lots
1-5 and 14-29, Block 18; Lots 1-7, Block 19; all in Timberline Addition.
Resolution 19-042.A motion was made by Council Member Bacon, seconded by
Council Member Tilton Byrne, that Resolution 19-042, a Resolution Awarding Bids on
Project 2019-08STI Street Maintenance and Overlay Project, be approved. The motion
carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and
Tilton Byrne; Absent: 1 – Wendell.
Resolution 19-042 - Resolution Awarding Bids on Project 2019-08STI Street
Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2019-08STI, Street
Maintenance and Overlay Project on Tuesday, May 21, 2019 at 1:30 pm at the
Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for the 2019-08STI
Street Maintenance and Overlay Project: Bowes Construction: Schedule A -
$982,031.75, Schedule B - $76,837.50, Total Bid: $1,058,869.25.
Now, Therefore, Be It Resolved, that the bid of $1,058,869.25 for Bowes Construction
Co., Inc. be accepted.
Resolution 19-044. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Bacon, that Resolution 19-044, a Resolution approving the expenditure
of the Public Art Fund for a Temporary Art Installation and Exhibition, be approved. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon,
and Tilton Byrne; Absent: 1 – Wendell.
Resolution 19-044 - A Resolution Approving the Expenditure of the Public Art Fund for a
Temporary Art Installation and Exhibition
Whereas, Brookings Ordinance 2-115 provides that the Brookings Public Arts
Commission is charged with the duty of recommending to the City Council proposed
expenditures of the dedicated public art fund; and
Whereas, the Brookings Public Arts Commission has approved a recommendation to
the City Council that the City enter into an Agreement with Garth Britzman for the
Common Thread Project as presented to the Brookings Public Arts Commission, and
recommends payment of the sum of $9,900.00 from the Public Art Commission Funds
for this project;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota that the Common Thread Project, a temporary art installation, is hereby
approved and the City Manager is authorized to enter into an Agreement with Garth
Britzman for the expenditure of $9,900.00 from the Public Art Fund.
Ordinance 19-008.An introduction and first reading was held on Ordinance 19-008, an
Ordinance amending the Zoning Ordinance of the City of Brookings to include Indoor
Recreation Facility as a permitted special use in the Business B-1 Central District,
Business B-2 District, Industrial I-1 Light District, Industrial I-2 Heavy District, and
Industrial I-1R Restricted District. Public Hearing: June 11, 2019.
Deputy Mayor.A motion was made by Council Member Tilton Byrne, seconded by
Council Member Hansen, to appoint Council Member Patty Bacon as Deputy Mayor,
term to expire 5/1/2020. The motion carried by the following vote: Yes: 6 - Corbett,
Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Tilton Byrne, that this meeting be adjourned at 6:30 p.m. The motion carried by
a unanimous vote.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, Acting City Clerk
Brookings City Council
May 30-31, 2019 (unapproved)
The Brookings City Council held a City Council Retreat on Thursday and Friday, May
30-31, 2019 at 8:30 AM, at the Dakota Nature Park with the following City Council
members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink,
Holly Tilton Byrne, Dan Hansen, and Ope Niemeyer. Council Member Nick Wendell was
absent. City Manager Paul Briseno, City Attorney Steve Britzman, Chief Financial
Officer Erick Rangel, Assistant to the City Manager Jacob Meshke, and Erick Rangel,
Chief Financial Officer, were also present.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Niemeyer, to create a Governance and Ends Policy Review Task Force to be comprised
of Council Members Tilton Byrne, Bacon, and Brink, City Manager Paul Briseno, and
City Attorney Steve Britzman. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Bacon, to bring forward a resolution allowing public comment at Ordinance First
Readings. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer,
Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 – Wendell.
There being no objection, the Mayor adjourned the meeting.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, Acting 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 19-047,Version:1
Action on Resolution 19-047, a Resolution Awarding Bids on Brookings City & County Lawn Care &
Snow Removal Services.
Summary:
This service package includes the lawn care and snow removal for the Brookings City and County
Government Center, the Brookings County Courthouse, and the 1921 Building. The contract will run
from July 1, 2019 to December 31, 2020 and will be renewable for one additional year.
The City held a bid letting on Tuesday, June 4, 2019 and received the following bids:
Razor’s TNT Snow Engineer’s
Edge Removal Estimate
Schedule A: City & County Gov’t Center $37,590 $45,258 $38,000
Schedule B: County Courthouse &
1921 Building $45,365 $54,210 $44,500
Total Schedule A & B $82,955 $99,468 $82,500
The total low bid of Razor’s Edge for $82,955.00 is within 1% of the engineer’s estimate of
$82,500.00.
Recommendation:
Staff recommends awarding the project to Razor’s Edge for the low bid of $82,955.00.
Attachments:
Memo
Resolution
Maps
City of Brookings Printed on 6/6/2019Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From:Jackie Lanning, City Engineer
Council Meeting:June 11, 2019
Subject:Action on Resolution 19-047, a Resolution Awarding Bids on
Brookings City & County Lawn Care & Snow Removal
Services.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will award bids for the Brookings City & County Lawn Care and Snow
Removal Services to Razor’s Edge, Brookings, SD for the total low bid price of
$82,955.00 from 7/1/2019 to 12/31/2020 with the option to renew for one additional year
in 2021.
Background:
This service package includes the lawn care and snow removal for the Brookings City
and County Government Center, the Brookings County Courthouse, and the 1921
Building. The contract will run from July 1, 2019 to December 31, 2020. This service
contract includes the following:
Mowing of all grassy areas by the three buildings
Spraying weeds and fertilizing the grass
Annual aerating, sidewalk edging and general landscape maintenance
Removal of snow from parking lots and sidewalks at the three buildings
Application of sand / snow melt to paved areas during ice events
The bid letting for this project was held on Tuesday, June 4, 2019 and the City received
the following bids:
Razor’s TNT Snow Engineer’s
Edge Removal Estimate
Schedule A: City & County Gov’t Center $37,590 $45,258 $38,000
Schedule B: County Courthouse &
1921 Building $45,365 $54,210 $44,500
Total Schedule A & B $82,955 $99,468 $82,500
Discussion:
Staff reviewed the bid prices in comparison to total cost of services in the previous year.
The low bid prices were similar to the current hourly rates, however, the aerating,
fertilizing, and ice melt costs were slightly higher. The total low bid of Razor’s Edge for
$82,955.00 is within 1% of the engineer’s estimate of $82,500.00. The services are
paid based on actual work performed and the total amount spent will vary depending on
the amount of snow and lawn care needed.
Legal Consideration:
None.
Financial Consideration:
The City will enter into a contract with Razor’s Edge for the hourly rates submitted on
the bid proposal with an estimated total of $82,955.00.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approval of the resolution to award the contract to Razor’s Edge for the low bid of
$82,955.00.
Supporting Documentation:
1. Resolution
Resolution 19-047
Resolution Awarding Bids on Brookings City & County
Lawn Care and Snow Removal Services
Whereas, the City of Brookings opened bids for Brookings City & County Lawn Care
and Snow Removal Services on Tuesday, June 4, 2019 at 1:30 pm at the Brookings
City & County Government Center; and
Whereas, the service contract will run from July 1, 2019 through December 31, 2020
and will be renewable for one additional year for 2021; and
Whereas, the City of Brookings has received the following bids for the Brookings City &
County Lawn Care and Snow Removal Services: Schedule A: Razors Edge -
$37,590.00 and TNT Snow Removal - $45,258.00 and Schedule B: Razors Edge -
$45,365.00 and TNT Snow Removal - $54,210.00.
Now Therefore, Be It Resolved that the low total bid of $82,955.00 for Razor’s Edge be
accepted.
Passed and approved this 11th day of June, 2019.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, Acting City Clerk
Figure 1.1: Grass areas to be mowed and maintained at the Brookings City & County Government Center.
3rd Street 7th Ave6th Ave4th Street
Mowing Areas
County
Courthouse
Figure 1.2: Grass areas to be mowed and maintained at the Brookings County Courthouse.
Figure 1.3: Grass areas to be mowed and maintained at the 1921 Building.
Snow Pile Area
Snow Pile Area
3rd Street
6th AveFront S
t
r
e
e
t5th Ave520 3rd St.
City & County
Government Center
New Parking
Lot to be
Constructed
Parking Lot Snow Removal Areas
Sidewalk Snow Removal Areas
Figure 2.1: Areas requiring snow removal at the Brookings City and County Government Center.
Snow Pile Area
3rd Street 7th Ave6th Ave4th Street
County
Courthouse
Parking Lot Snow Removal Areas
Sidewalk Snow Removal Areas
Figure 2.2: Areas requiring snow removal at the Brookings County Courthouse.
Figure 2.3: Areas requiring snow removal at the 1921 Building.
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 19-048,Version:1
Action on Resolution 19-048, a Resolution Awarding Bids on Project 2019-03STI 20 th Street South
Improvement Project.
Summary:
This project is the reconstruction of 20th Street South from Main Avenue to Rio Grande Avenue. The
project involves adding storm sewer, replacing water main, sanitary sewer, grading, curb & gutter,
asphalt paving, and a new 8’-wide concrete shared use path along the south side of the street. The
project also includes new storm sewer along Rhonda Road. The project will be phased over a two-
year period and the road work east of Western Avenue will be constructed in 2019 and the road work
from Western Avenue to the west will be constructed in 2020.
The bid letting for this project was held on Tuesday, June 4, 2019 and the City received the following
bid:
Bowes Construction, Inc.Engineer’s Estimate
Estimated Construction Subtotal: $3,241,110.70 $3,852,853.00
The total low bid of Bowes Construction Co., Inc. for $3,241,110.70 is approximately 16% lower than
the engineer’s estimate of $3,852,853.00. The City’s share of the project bid prices is $2,769,877
and BMU’s share of the project bid prices is $471,233. The City’s share will meet the current amount
budgeted of $2,815,582, however, the construction administration costs will utilize the savings from
the overlay fund. A budget amendment will be presented at a later date.
Recommendation:
Staff recommends awarding the project to Bowes Construction Co., Inc. for the low bid of
$3,241,110.70.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 6/6/2019Page 1 of 1
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City Council Agenda Memo
From:Jackie Lanning, City Engineer
Council Meeting:June 11, 2019
Subject:Action on Resolution 19-048, a Resolution Awarding Bids on
Project 2019-03STI 20
th Street South Improvements.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will award bids for the 2019-03STI, 20th Street South Improvements to
Bowes Construction Co. Inc., Brookings, SD, for the total low bid price of
$3,241,110.70.
Background:
This project is the reconstruction of 20th Street South from Main Avenue to Rio Grande
Avenue. The project involves adding storm sewer, replacing water main, sanitary sewer,
grading, curb & gutter, asphalt paving, and a new 8’-wide concrete shared use path
along the south side of the street. The project also includes new storm sewer along
Rhonda Road. The project will be phased over a two-year period and the road work
east of Western Avenue will be constructed in 2019 and the road work from Western
Avenue to the west will be constructed in 2020.
The bid letting for this project was held on Tuesday, June 4, 2019 and the City received
the following bid:
Bowes Construction, Inc. Engineer’s Estimate
Estimated Construction Subtotal: $3,241,110.70 $3,852,853.00
Discussion:
The total low bid of Bowes Construction Co., Inc. for $3,241,110.70 is approximately
16% lower than the engineer’s estimate of $3,852,853.00. The City’s share of the
project bid prices is $2,769,877 and BMU’s share of the project bid prices is $471,233.
The City’s share will meet the current amount budgeted of $2,815,582, however the
construction administration costs will utilize the savings from the overlay fund. A budget
amendment will be presented at a later date.
Legal Consideration:
None.
Financial Consideration:
The City will enter into a contract with Bowes Construction Co, Inc. for the total low bid
amount of $3,241,110.70. Brookings Municipal Utilities will reimburse the City for their
share of the project, which will be approximately $471,233 and will be adjusted
according to final as-constructed quantities.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approval of the resolution to award the bid to Bowes Construction for the bid amount of
$3,241,110.70.
Supporting Documentation:
1. Resolution
2. Map
Resolution 19-048
Resolution Awarding Bids on Project 2019-03STI
20th Street South Improvement Project
Whereas, the City of Brookings opened bids for Project 2019-03STI, 20th Street South
Improvement Project on Tuesday, June 4, 2019 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bid for the 2019-03STI 20th
Street South Improvements: Bowes Construction: $3,241,110.70.
Now, Therefore, Be It Resolved that the low bid of $3,241,110.70 for Bowes
Construction Co., Inc. be accepted.
Passed and approved this 11th day of June, 2019.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, Acting City Clerk
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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 19-009,Version:1
Introduction and First Reading on Ordinance 19-009, an Ordinance Authorizing Supplemental
Appropriation #2 to the 2019 Budget. Second Reading: June 25, 2019.
Summary:
This ordinance will amend the 2019 Budget for the following changes:
1.To move funds from deferred revenue to the construction account for the 20 th Street South
Improvement Project.
2.To allocate $96,500 from reserve funds to the Marketplace Fund for the purchase of wetland
credits.
3.To move Library surplus funds from Building and Structures to Regular Pay to cover for
retirement pay not previously budgeted.
4.To draw $300,000 funds from the 2019 Bond to cover for the Bob Shelden Project design
services.
Recommendation:
Staff recommends approval of the ordinance as presented.
Attachments:
Memo
Ordinance
City of Brookings Printed on 6/6/2019Page 1 of 1
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City Council Agenda Memo
From:Erick Rangel, Chief Financial Officer City Engineer
Council Meeting:June 11, 2019
Subject:Introduction and First Reading on Ordinance 19-009, an
Ordinance Authorizing Supplemental Appropriation #2 to the
2019 Budget
Person(s) Responsible: Erick Rangel, Chief Financial Officer
Summary:
This ordinance will amend the 2019 Budget for the following changes:
1. To move funds from deferred revenue to the construction account for the 20
th
Street South Improvement Project.
2. To allocate $96,500 from reserve funds to the Marketplace Fund for the purchase
of wetland credits.
3. To move Library surplus funds from Building and Structures to Regular Pay to
cover for retirement pay not previously budgeted.
4. To draw $300,000 funds from the 2019 Bond to cover for the Bob Shelden
Project design services.
Background:
Part 1
Allocates deferred revenue that was reserved for the 20th Street South Project to
the expenditure line in the construction
Allocates funds from the City’s reserves to the Marketplace Budget for the
purchase of wetland credits.
Moves Library surplus funds from the Carpet Replacement Project to cover for
retirement pay not previously budgeted.
Part 2 adjusts the 2019 Budget for design services for the Bob Shelden Project as
follows:
Create Fund 527 to manage the Bob Shelden Upgrade Project’s budget
Draw revenue from the 2019 bond and transfer it into the Bob Shelden Fund
Use drawn funds to pay for design services for the Bob Shelden Project
Discussion:
Staff recommends approval of the proposed budget amendment.
Legal Consideration:
None.
Financial Considerations:
Part 1:
No net impact on the reallocation of funds.
There will be a decrease in the City’s Cash Reserves of $96,500 to cover for the
Marketplace expenditure.
Part 2:
Bond proceeds will be utilized for the project. Drawn funds will incur a 2.97% annual
interest cost
Recommendation:
Staff recommends approval of the ordinance as presented.
Action Requested:
Approval of the Ordinance to amend the2019 Budget.
Supporting Documentation:
Ordinance
Ordinance 19-009
An Ordinance Authorizing Supplemental Appropriation No. 2 to the 2019 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 2019 budget:
Part 1 – Change Increase/(Decrease)
S Main Ave & 26th St Capital Project Fund
523-000-1-180-01 Deferred Revenue
(675,862.00) Reserved for 20th Street South Project
523-000-5-940-00 Other Capital
675,862.00 Move to Expenditure line for 20th Street South Project
Marketplace
525-000-5-422-03 Consulting/Engineering
96,500.00 Marketplace wetland credit purchase
Library Fund
101-455-5-911-00 Building and Structure
(15,656.09) Surplus from Carpet Replacement Project
101-455-5-101-00 Regular Pay
15,656.09 To cover retirement payment not budgeted
Part 2 Change Increase/(Decrease)
Bob Shelden Capital Project Fund
527-000-6-700-00 Bond Proceeds
300,000.00 Bond Proceeds for Bob Shelden design
Total Change in Revenue
300,000.00
527-000-5-940-00 Buildings & Structures
300,000.00 Project budget for Bob Shelden design
Total Change in Expenditures
300,000.00
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: June 11, 2019
Second Reading: June 25, 2019
Published: April 28, 2019
CITY OF BROOKINGS
_________________________
ATTEST: Keith W. Corbett, Mayor
____________________________
Bonnie Foster, Acting 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 19-010,Version:1
Introduction and First Reading on Ordinance 19-010, an Ordinance Amending Section 2-34 of
Chapter 2 of the Code of Ordinances of the City of Brookings and Pertaining to the First Reading
Policy of Ordinances in the City of Brookings. Second Reading: June 25, 2019.
Summary:
This proposed Ordinance was prepared following discussion at the recent City Council Retreat, and
modifies the current ordinance to allow public comment and discussion at the First Reading of an
Ordinance.
Background:
In 2006, the City adopted an ordinance which limited discussion and public comment to the second
reading of an ordinance. State law requires that ordinances be read twice prior to adoption, but does
not prescribe the procedure for the “reading” of an ordinance. Accordingly, the Council has limited the
first reading, by Ordinance 2-34, to announcing the ordinance title and holding public comment and
discussion during the second reading.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Ordinance
City of Brookings Printed on 6/6/2019Page 1 of 1
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City Council Agenda Memo
From:Steve Britzman, City Attorney
Council Meeting:June 5, 2019
Subject:Policy for First and Second Readings
Person(s) Responsible: Steve Britzman
Summary:
This proposed Ordinance was prepared following discussion at the recent City Council
Retreat, and modifies the current ordinance to allow public comment and discussion at
the First Reading of an Ordinance.
Background:
In 2006, the City adopted an ordinance which limited discussion and public comment to
the second reading of an ordinance. State law requires that ordinances be read twice
prior to adoption, but does not prescribe the procedure for the “reading” of an ordinance.
Accordingly, the Council has limited the first reading, by Ordinance 2-34, to announcing
the ordinance title and holding public comment and discussion during the second
reading.
Discussion:
The proposed Ordinance modifies the policy for the two readings of an ordinance to
permit public comment and discussion at both readings, with the vote following the
second reading. If changes of any significance occur during the second reading, then
another reading of the ordinance is required under State law.
Legal Consideration:
None.
Financial Consideration:
None.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
The revision of policy will increase public participation and improve the ordinance
adoption procedure. Those who cannot attend either of the First or Second Readings
will still have an opportunity to participate if they can attend one reading.
Action Requested:
Approve the ordinance provided it is consistent with the objectives of the City Council.
Supporting Documentation: None
Ordinance 19-010
An Ordinance Amending Section 2-34 of Chapter 2 of the Code of Ordinances of
the City of Brookings and Pertaining to the First Reading Policy of Ordinances in
the City of Brookings.
Be It Ordained by the governing body of the City of Brookings, South Dakota that
Section 2-34 be amended as follows:
I.
Sec. 2-34. – Policy for First and Second Readings of Ordinances.
The first and second readings of ordinances shall follow the following procedure:
(1) The full title of the ordinance shall be read by the mayor or the city clerk.
(2) Public comment and discussion by the city council shall be permitted during the
first and second readings and any subsequent readings of the ordinance.
(3) No vote of the city council shall be required to proceed to a second reading of an
ordinance, however the second reading can be tabled or set for action on a
specific date by motion of the city council.
(4) The date for the second reading of the ordinance shall be announced
immediately following the first reading of the ordinance.
II.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading:June 11, 2019
Second Reading:June 25, 2019
Published:
CITY OF BROOKINGS, SD
____________________________________
Keith W. Corbett, Mayor
ATTEST:
________________________
Bonnie Foster, Acting 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 2019-0220,Version:1
Public Hearing and Action on two Temporary Alcohol Applications from Aramark Educational
Services, LLC, to operate within the City of Brookings, South Dakota on September 6 for the 50-year
Club Reunion, and on October 4 for the Distinguished Alumni Banquet to be held at the SDSU Alumni
Center, 815 Medary Avenue.
Summary:
Aramark Educational Services, LLC, has applied for two Temporary Alcohol Licenses to be held on
September 6 for the 50-year Club Reunion, and on October 4 for the Distinguished Alumni Banquet,
to be held at the SDSU Alumni Center, 815 Medary Avenue. All temporary alcohol licenses must be
approved by the City Council through use of a public hearing. All documents have been filed with the
City pertaining to insurance and other licensing requirements.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Legal Notice
City of Brookings Printed on 6/6/2019Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From:Bonnie Foster, Acting City Clerk
Council Meeting:June 11, 2019
Subject:Temporary Alcohol Application
Aramark Educational Services, LLC
Person(s) Presenting: Bonnie Foster, Acting City Clerk
Summary:
Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for
the 50-year Club Reunion to be held on September 6, 2019, and for the Distinguished
Alumni Banquet to be held on October 4, 2019, at the SDSU Alumni Center, 815
Medary Avenue.
Background:
All temporary alcohol licenses must be approved by the City Council through use of a
public hearing. All documents have been filed with the City pertaining to insurance and
other licensing requirements.
SDCL 35-4-124.1 35-4-124.1. Donation of beverages to civic, charitable,
educational, fraternal, or veterans organization holding special events license. A civic,
charitable, educational, fraternal, or veterans organization holding a special events
license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated
by members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(6) may only sell malt beverages that have been donated by
members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by
members of the public to be sold at the special event. The donor shall purchase any
donated alcoholic beverage from a licensed South Dakota retailer.
Source:SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107.
Legal Consideration:
None.
Financial Consideration:
Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special
Alcoholic Beverage Licenses in the City of Brookings. “Licenses issued to charitable,
educational, fraternal, or veterans organizations are exempt from the fee.”
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Approval of the Temporary Alcohol License for the September 6 and October 4, 2019
events.
Supporting Documentation:
1. Legal Notice
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, June 11, 2019, in the Brookings City &
County Government Center, 520 Third Street, to consider a Temporary Alcohol License
Application from Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota, for the 50-year Club Reunion to be held September 6, 2019
at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. At which time
and place all persons interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 31st day of May, 2019.
Bonnie Foster, Acting City Clerk
Published time(s) at an approximate cost: $ .
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, June 11, 2019, in the Brookings City &
County Government Center, 520 Third Street, to consider a Temporary Alcohol License
Application from Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota, for the Distinguished Alumni Banquet to be held on October
4, 2019 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. At
which time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated at Brookings, South Dakota, this 31st day of May, 2019.
Bonnie Foster, Acting City Clerk
Published time(s) at an approximate cost: $ .
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 2019-0236,Version:1
Public Hearing and Action on a Temporary Alcohol Application from RGO, Inc., dba Pheasant
Restaurant & Lounge, to operate within the City of Brookings, South Dakota on July 11, 2019 for a
Mama Mia Fundraiser for the Brookings Community Theatre to be held at Brookings Cinema 8, 219 6
th Street.
Summary:
RGO, Inc., dba Pheasant Restaurant & Lounge, has applied for Temporary Alcohol License for a
Mama Mia Fundraiser for the Brookings Community Theatre to be held on July 11, 2019 to be held at
Brookings Cinema, 219 6th Street. All temporary alcohol licenses must be approved by the City
Council through use of a public hearing. All documents have been filed with the City pertaining to
insurance and other licensing requirements.
Recommendation:
Staff recommends approval.
Attachments:
Legal Notice
City of Brookings Printed on 6/6/2019Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From:Bonnie Foster, Acting City Clerk
Council Meeting:June 11, 2019
Subject:Temporary Alcohol Application
Pheasant Restaurant & Lounge
Mama Mia Fundraiser for the Brookings Community Theatre
Person(s) Presenting: Bonnie Foster, Acting City Clerk
Summary:
RGO, Inc., dba Pheasant Restaurant & Lounge, has applied for Temporary Alcohol
License for a Mama Mia Fundraiser for the Brookings Community Theatre to be held on
July 11, 2019 to be held at Brookings Cinema, 219 6th Street.
Background:
All temporary alcohol licenses must be approved by the City Council through use of a
public hearing. All documents have been filed with the City pertaining to insurance and
other licensing requirements.
SDCL 35-4-124.1 35-4-124.1. Donation of beverages to civic, charitable,
educational, fraternal, or veterans organization holding special events license. A civic,
charitable, educational, fraternal, or veterans organization holding a special events
license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated
by members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(6) may only sell malt beverages that have been donated by
members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by
members of the public to be sold at the special event. The donor shall purchase any
donated alcoholic beverage from a licensed South Dakota retailer.
Source:SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107.
Legal Consideration:
None.
Financial Consideration:
Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special
Alcoholic Beverage Licenses in the City of Brookings. “Licenses issued to charitable,
educational, fraternal, or veterans organizations are exempt from the fee.”
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Approval of the Temporary Alcohol License for the July 11, 2019 event.
Supporting Documentation:
1. Legal Notice
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, June 11, 2019, in the Brookings City &
County Government Center, 520 Third Street, to consider a Temporary Alcohol License
Application from the Pheasant Restaurant & Lounge, to operate within the City of
Brookings, South Dakota, for the Mama Mia Fundraiser for the Brookings Community
Theater to be held July 11, 2019 at the Brookings Cinema 8, 219 6th Street. At which
time and place all persons interested will be given a full, fair and complete hearing
thereon.
Dated at Brookings, South Dakota, this 31st day of May, 2019.
Bonnie Foster, Acting City Clerk
Published time(s) at an approximate cost: $ .
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 2019-0238,Version:1
Public Hearing and Action on the transfer of an On-Sale Malt License from Pints & Quarts, Inc., dba
Pints & Quarts, Brennan and Lori Sullivan, owners, to KR Hospitality, Inc., dba Pints & Quarts, Kevin
and Kristi Raab, owners, 313 Main Ave., Brookings, South Dakota, legal description: Lot 7, Block 3,
Original Plat Addition.
Summary:
The City of Brookings has received an application to transfer the On-Sale Malt License from Pints &
Quarts, Inc., dba Pints & Quarts, Brennan and Lori Sullivan, owners, to KR Hospitality, Inc., dba Pints
& Quarts, Kevin and Kristi Raab, owners, 313 Main Ave., Brookings, South Dakota. All required
documents have been submitted for this application.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective July 1, 2019, and then subject to an annual renewal. If approved, the
application would be forwarded to the State Department of Revenue for final action and issuance of
the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to
the governing board of the municipality within which the applicant intends to operate…The governing
board: “shall have discretion to approve or disapprove the application depending on whether it
deems the applicant a suitable person to hold such license and whether it considers the proposed
location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license
under this title…must be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers thereof must have like qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or
off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except
after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of
hearing and for publication of notice. If an application for a license is refused, “no further application
may be received from a person until after the expiration of one year from the date of a refused
application.”
Recommendation:
Staff recommends approval.
Attachments:
Memo
Legal Notice
City of Brookings Printed on 6/6/2019Page 1 of 1
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City Council Agenda Memo
From:Bonnie Foster, Acting City Clerk
Council Meeting:June 11, 2019
Subject:Public Hearing and Action on the transfer of an On-Sale Malt
License from Pints & Quarts, Inc., dba Pints & Quarts,
Brennan and Lori Sullivan, owners, to KR Hospitality, Inc.,
dba Pints & Quarts, Kevin and Kristi Raab, owners, 313
Main Ave., Brookings, South Dakota, legal description: Lot
7, Block 3, Original Plat Addition.
Person(s) Presenting: Bonnie Foster, Acting City Clerk
Summary:
The City of Brookings has received an application to transfer the On-Sale Malt License
from Pints & Quarts, Inc., dba Pints & Quarts, Brennan and Lori Sullivan, owners, to KR
Hospitality, Inc., dba Pints & Quarts, Kevin and Kristi Raab, owners, 313 Main Ave.,
Brookings, South Dakota. All required documents have been submitted for this
application.
Background:
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective July 1, 2019, and then subject to an annual
renewal. If approved, the application would be forwarded to the State Department of
Revenue for final action and issuance of the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall
be submitted to the governing board of the municipality within which the applicant
intends to operate…The governing board: “shall have discretion to approve or
disapprove the application depending on whether it deems the applicant a suitable
person to hold such license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no
license for the on or off-sale at retail of alcoholic beverages…shall be granted to an
applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5
provides the procedure for the time and place of hearing and for publication of notice. If
an application for a license is refused, “no further application may be received from a
person until after the expiration of one year from the date of a refused application.”
Legal Consideration:
None.
Financial Consideration:
This license would be effective July 1, 2019, and then subject to an annual renewal.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Recommend approval of the transfer of the Malt License.
Supporting Documentation:
1. Legal Notice
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Sale Liquor License Transfer –
KR Hospitality, Inc., dba Pints & Quarts
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on June 11, 2019, at 6:00 p.m. in the Brookings City &
County Government Center Chambers, 520 Third Street, will meet in regular
session to consider an application for the transfer of an On-Off Sale Malt License
and an On-Sale Liquor License for Pints & Quarts, Inc., dba Pints & Quarts,
Brennan and Lori Sullivan, owners, to KR Hospitality, Inc., dba Pints & Quarts,
Kevin & Kristi Raab, owners, 313 Main Ave., Brookings, South Dakota, legal
description: Lot 7, Block 3, Original Plat 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 31st day of May, 2019.
Bonnie Foster, Acting City Clerk
Published time(s) at an approximate cost $ .
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 19-046,Version:1
Public Hearing and Action on Resolution 19-046, a Resolution authorizing the City Manager to enter
into an Operating Agreement for a Liquor License for KR Hospitality, Inc., dba Pints & Quarts, Kevin
and Kristi Raab, owners, 313 Main Ave., Brookings, SD, legal description: Lot 7, Block 3, Original
Plat Addition.
Summary:
The City of Brookings has received an application to transfer the Liquor License from Pints & Quarts,
Inc., dba Pints & Quarts, Brennan and Lori Sullivan, owners, to KR Hospitality, Inc., dba Pints &
Quarts, Kevin and Kristi Raab, owners, 313 Main Ave., Brookings, SD, legal description: Lot 7, Block
3, Original Plat Addition. An operating agreement is required for Liquor Licenses. This Resolution
allows the City Manager to enter into the first five years of the 10-year agreement effective through
2024.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective until December 31, 2019 and then subject to an annual renewal. If
approved, the application would be forwarded to the State Department of Revenue for final action
and issuance of the license.
Listed below is specific information related to on-sale alcohol license request and other procedures
that are following with an application.
City Ordinances:
Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to
Application Review Procedure. The city council shall review all applications submitted to the city for
available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
1)Type of business which applicant proposes to operate: on-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to
convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold
unless it can be established that minors do not regularly frequent the establishment.
2)The manner in which the business is operated:on-sale alcoholic beverage operating
agreements and alcoholic beverage licenses may not be issued to establishments which are
operated in a manner which results in minors regularly frequenting the establishment.
3)The extent to which minors are employed in such a place of business: on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be
issued to convenience grocery stores, gas stations, or other stores where groceries or
gasoline are sold and which regularly employ minors.
4)Adequacy of the police facilities to properly police the proposed location:
The city council shall inquire of the city manager whether the police department can
adequately police the proposed location.
City of Brookings Printed on 6/6/2019Page 1 of 2
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File #:RES 19-046,Version:1
5)Other factors: The hours that business is conducted shall be considered by the city council in
its review of applications for on-sale alcoholic beverage operating agreements and on-sale
alcoholic beverage licenses.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Operating Agreement
Hearing Notice
City of Brookings Printed on 6/6/2019Page 2 of 2
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City Council Agenda Memo
From:Bonnie Foster, Acting City Clerk
Council Meeting:June 11, 2019
Subject:Public Hearing and Action on Resolution 19-046, a
Resolution authorizing the City Manager to enter into an
Operating Agreement for a Liquor License for KR Hospitality,
Inc., dba Pints & Quarts, Kevin and Kristi Raab, owners, 313
Main Ave., Brookings, SD, legal description: Lot 7, Block 3,
Original Plat Addition.
Person(s) Presenting: Bonnie Foster, Acting City Clerk
Summary:
The City of Brookings has received an application to transfer the Liquor License from
Pints & Quarts, Inc., dba Pints & Quarts, Brennan and Lori Sullivan, owners, to KR
Hospitality, Inc., dba Pints & Quarts, Kevin and Kristi Raab, owners, 313 Main Ave.,
Brookings, SD, legal description: Lot 7, Block 3, Original Plat Addition. An operating
agreement is required for Liquor Licenses. This Resolution allows the City Manager to
enter into the first five years of the 10-year agreement effective through 2024.
Background:
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective until December 31, 2019 and then subject to
an annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license.
Listed below is specific information related to on-sale alcohol license request and other
procedures that are following with an application.
City Ordinances:
Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances
pertaining to Application Review Procedure. The city council shall review all applications
submitted to the city for available on-sale alcoholic beverage agreements and for all
alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the
following factors:
1) Type of business which applicant proposes to operate: on-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location:
The city council shall inquire of the city manager whether the police department
can adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
Legal Consideration:
None.
Financial Consideration:
This license would be effective until December 31, 2019 and then subject to an annual
renewal.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Recommend approval of the transfer of the Liquor License.
Supporting Documentation:
1. Legal Notice
Resolution 19-046
KR Hospitality, Inc., dba Pints & Quarts
On-Sale Liquor Operating Agreement
Now, Therefore, 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 for Liquor between the City of Brookings and KR Hospitality, Inc., Kevin and
Kristi Raab, owners, 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 313 Main Ave.:
legal description: Lot 7, 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 five (5) years and
renewal for another five (5) years.
Passed and approved this 11th day of June, 2019.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, Acting City Clerk
LIQUOR OPERATING AGREEMENT
KR Hospitality, Inc., dba Pints & Quarts
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and Kevin and Kristi Raab, owners, KR Hospitality, Inc., dba Pints &
Quarts, hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
to allow the Manager to operate a retail on-sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
Lot 7, Block 3, Original Plat Addition, City of Brookings,
Brookings County, South Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years, with the
Manager having the option and privilege of a five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 11th day of June, 2019.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST:Paul Briseno, City Manager
Bonnie Foster, Acting City Clerk
MANAGER
By:
By:
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Sale Liquor License Transfer –
KR Hospitality, Inc., dba Pints & Quarts
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on June 11, 2019, at 6:00 p.m. in the Brookings City &
County Government Center Chambers, 520 Third Street, will meet in regular
session to consider an application for the transfer of an On-Off Sale Malt License
and an On-Sale Liquor License for Pints & Quarts, Inc., dba Pints & Quarts,
Brennan and Lori Sullivan, owners, to KR Hospitality, Inc., dba Pints & Quarts,
Kevin & Kristi Raab, owners, 313 Main Ave., Brookings, South Dakota, legal
description: Lot 7, Block 3, Original Plat 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 31st day of May, 2019.
Bonnie Foster, Acting City Clerk
Published time(s) at an approximate cost $ .
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 19-005,Version:4
Public Hearing and Action on Ordinance 19-005, an Ordinance Amending Article VI of Chapter 22 of
the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in the City of
Brookings.
Summary:
The Rental Dwelling Units Ordinance Amendment centralizes existing codes throughout the
municipal ordinance and includes the language within the rental dwelling units section, thus
strengthening the inspection program by requiring compliance prior to issuance of a rental dwelling
license.
Attachments:
Memo
Ordinance
Peer Community Research Comparison
Rental Dwelling Units - Marked
City of Brookings Printed on 6/6/2019Page 1 of 1
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City Council Agenda Memo
From:Mike Struck, Community Development Director
Council Meeting:April 23, 2019
Subject:Rental Dwelling Unit Ordinance Amendments
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Staff is proposing amendments to the Rental Dwelling Unit ordinance. The proposed
changes consist of a compilation of existing ordinances and including them within the
rental dwelling unit section of the municipal ordinances, thus strengthening the rental
inspection program. At the May 28
th Work Session many definitions and implementation
process were clarified. Items included responsible parties for proper functioning smoke
alarm and extension cord violations as well as discretion of inspectors to work with
landlords for reoccurring inspections. This item is brought to Council for approval or
further direction.
Background:
At the February 27, 2018 City Council Meeting, Council Member Bacon requested the
rental housing inspection program be discussed at a future City Council meeting. On
June 12, 2018, the City Council discussed the rental housing inspection program and
the desire to expand the inspection program to include more items related to the safety
of the structure and the occupants.
Staff compiled research from other peer university communities with rental program
inspections. The four peer communities selected were chosen based upon the
feedback provided to the City Manager and staff from council members on areas of
interest in expanding the rental inspection program. Attached in your packet is the Peer
Community Research Comparison chart which shows the current regulations in
Brookings, suggestions as of December 4, 2018, staff recommendations as of March 1,
2019, and staff’s final recommendations as of March 13, 2019. Staff held various
meetings with interested parties, including a small group meeting in December with
property managers, a meeting with international tenants in February, three meetings
with tenants in February, and a large group meeting with property managers/owners in
early March. Staff discussed feedback provided at each of the meetings and revised
the recommendations based upon the merits of the discussion.
Discussion:
A majority of the recommended changes to the Rental Dwelling Unit ordinance are
contained in other sections of the City of Brookings Municipal Code of Ordinances.
However, due to the language not being specifically listed in the Rental Dwelling Unit
section of the code, staff is unable to withhold a rental license. Staff does have the
ability to still enforce the other sections of the municipal code, however, it is done
through a different process. Compiling the codes and adding them to the Rental
Dwelling Unit ordinances re-emphasizes the importance of the code requirements and
places a greater emphasis on correcting the violation in a timely manner as the rental
license is withheld until such time as the issue is resolved.
Section 22-373 would add language requiring the agent to be present during the
inspection. Staff feels it is important for the agent to be present during an inspection in
the event that there is any violation, that the agent clearly understand what the issue is
and where it is located and the necessary remedies to correct the issue.
Section 22-405 provides for a re-inspection fee. Currently, there is not a re-inspection
fee associated with the rental licensing program. If a re-inspection is necessary due to
a failed first inspection, the property manager will schedule a re-inspection with staff. If
staff re-inspects the property and violations still exist, then further inspections are
scheduled until such time as compliance with the ordinance is achieved. Staff has had
to perform multiple inspections on properties due to the violations not being corrected.
Adding the suggested language is anticipated to minimize the number of re-inspections
and thus allowing staff to be more efficient.
Section 22-432 adds responsibility on the occupant of a dwelling unit to not disable any
required smoke detectors. The most common violation encountered during a rental
inspection is smoke detectors not working or disabled. The property managers are
aware of the ordinance requirements for smoke detectors and are not going into
individual units and disabling the smoke detectors. This proposed language allows the
City to hold tenants responsible for disabling the smoke detectors.
Section 22-432(2)(c) adds language requiring escape or rescue windows to be free of
any cracks or defects. This language is already in Property Maintenance and Nuisance
ordinances of the City of Brookings, however, currently staff is not allowed to withhold a
rental license for this issue due to it not being within the rental dwelling unit section of
the municipal code. The language would allow the timely resolution of the issue as the
rental license would remain in a pending status until the deficiency is corrected.
Section 22-436 is new language requiring carbon monoxide alarms in rental dwellings
which contain fuel-fired appliances and/or attached garages. This language is already
in the Building Code, however, a rental license cannot be withheld at this time if not in
compliance.
Section 22-437 pertains to lighting and electrical systems. The suggested language is
currently in the Building Code, however, due to it not being included in the Rental
Dwelling Unit ordinances, staff would not be able to withhold a rental license. In
addition, based upon feedback during property manager meetings, staff is proposing as
a compromise, a graduation period whereby rental units can continue to be licensed,
however, by January 1, 2022, the GFCI outlets would need to be installed.
Section 22-438 pertains to the storage of combustible materials. This language is
included in the current City of Brookings Fire Code, however, we feel it is important to
include the language in the Rental Dwelling Unit ordinances as staff observe many
instances in which combustible materials are in close proximity to sources of ignition.
Section 22-439 requires rental dwelling units to be provided with properly installed and
working locks on entry doors. This requirement for multi-family properties would be the
entry doors to the individual units and not the exterior entry door to common hallways,
etc. This language is currently in the building code and would make a rental license
contingent upon satisfying this requirement.
Section 22-440 will require handrails and spindles installed in accordance the City of
Brookings Building Code. Provides the ability to withhold a rental license until handrails
and spindles are installed or fixed.
Section 22-441 pertains to numbering of units. This is also a current requirement of the
City of Brookings Building Code, however, provides the ability to withhold a rental
license until compliance is obtained. The numbering of units allows for proper
addressing and locating of units.
Section 22-422 will require all bathrooms containing a shower or tub to provide
ventilation through either an openable window or a mechanical ventilation system. A
grace period of January 1, 2022 to obtain compliance is proposed. Proper ventilation
helps address moisture issues in bathrooms.
Legal Consideration:
None.
Financial Considerations:
None.
Options:
The City Council has the following options:
1. Approve as presented
2. Approved with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval of the rental dwelling unit ordinance amendment.
Action Requested:
Approval of the Rental Dwelling Unit ordinance amendments.
Supporting Documentation:
Ordinance
Peer Community Research Comparison
Rental Dwelling Units Marked
Ordinance 19-005
An Ordinance Amending Article VI of Chapter 22 of the Code of Ordinances of the
City of Brookings and Pertaining to Rental Dwelling Units in the City of Brookings
Be It Ordained by the governing body of the City of Brookings, South Dakota that Article
VI pertaining to Rental Dwelling Units be amended as follows:
I.
DIVISION 1. GENERALLY
That Section 22-373 shall be amended to include the following provision:
The agent shall be present during the inspection of the leased dwelling unit.
DIVISION 2. LICENSE
That Section 22-405 shall be amended to include the following provision:
A re-inspection fee shall be charged for each leased or rented dwelling and
dwelling unit for each inspection completed after the initial inspection for a
new dwelling unit rental license or the renewal of a previous dwelling unit
rental license. The fee for re-inspections shall be determined by resolution
of the city council.
DIVISION 3. STANDARDS
That Section 22-432 shall be amended to include the following provision:
The occupant of a dwelling unit shall not disable any required smoke detectors.
That Section 22-433(2)(c) shall be amended to include the following provision:
Escape or rescue windows shall be free of any cracks or defects.
That Division 3 shall be amended to include the following additional sections:
Sec. 22-436. – Carbon monoxide alarms.
All registered rental units shall be provided with carbon monoxide alarms
which, at a minimum, shall be installed outside of each separate sleeping
area in the immediate vicinity of the bedrooms in dwelling units with fuel-
fired appliances and/or attached garages. The occupant of a dwelling unit
shall not disable any required carbon monoxide alarms.
Sec. 22-437. Lighting and electrical system. Every dwelling unit shall have
electric service, outlets and fixtures that are grounded and installed
properly, maintained in good and safe working condition, and connected to
a source of electric power. Rental dwelling units shall meet the following
minimum requirements:
(1) As of January 1, 2022, each kitchen and each room containing a
toilet, sink, bathtub, or shower stall shall have at least one grounded
duplex electric receptacle protected by a ground-fault circuit
interrupter (GFCI).
(2) Light fixtures shall be equipped with UL listing approved covers.
(3) Receptacle outlets and light switches shall contain proper coverings.
(4) Temporary wiring or extension cords shall not be used as permanent
wiring.
(5) Each electrical panel shall have a clear path for access and shall not
contain any broken or missing breakers.
(6) Emergency lighting shall be provided in apartment buildings with
stairs or common hallways in accordance with the City of Brookings
Building Code, as adopted, and amendments thereto.
(7) Exit signs shall be installed and maintained in apartment buildings
with stairs or common hallways in accordance with the City of
Brookings Building Code, as adopted, and amendments thereto.
Sec. 22-438. Storage of Combustible Materials. Storage of combustible
materials shall be separated from heaters or heating devices by distance or
shielding in such a manner as to maintain the required clearances to
combustible construction specified in the listing of heat-producing
equipment. Unlisted heat-producing equipment shall be installed in such
manner as to maintain clearances to combustible construction of twenty-four
(24”) inches of separation on the front and six (6”) inches of separation on
the sides or back of the equipment.
Sec. 22-439. Locks/Security. Each dwelling unit shall be equipped with
properly installed and maintained locking devices on entry doors.
Sec. 22-440. Handrails/Spindles. Handrails and spindles shall be installed
in accordance with the City of Brookings Building Code, as adopted, and
amendments thereto.
Sec. 22-441. Numbering of Units. Each dwelling unit shall be numbered in
accordance with the City of Brookings Building Code, as adopted, and
amendments thereto.
Sec. 22-442. Ventilation. As of January 1, 2022, all bathrooms containing a
shower or tub shall have natural ventilation provided by an easily openable
exterior window or be installed with a mechanical ventilation system capable
of exchanging air.
II.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading:April 23, 2019
Public Hearing:May 14, 2019 Tabled
Public Hearing:June 11, 2019
Published:
CITY OF BROOKINGS, SOUTH DAKOTA
____________________________________
Keith W. Corbett, Mayor
ATTEST:
________________________
Bonnie Foster, Acting City Clerk
Ames, IA Cedar Falls, IA Vermillion, SD Lawrence, KS
Brookings, SD
(Current)
Suggested
12/04/2018
Recommended Rental
Changes 03/01/2019
Recommendations as
of 3/13/2019
Yearly Fees
$21.68 - $29.38 per
year (pending
number of units)
$75 to register, $50
for 1st unit, $20 for
each additional unit
per 3 years
$25 building & $15
unit per yr.
$14-$17 per unit
plus $50 for
dwelling inspection
per year
$20 building + $2
unit per yr. No Fee Change No Fee Change No Fee Change
License Term 1 - 4 year 3 years 1 year 3 or 6 yr. 2 - 4 years
2 yrs. single/2
family/tri-plexes ; 3
yrs. 4 units & Above
2 yrs. single/2 family/tri-
plexes ; 3 yrs. 4 units
& Above No Change 2-4 years
Late Fee/Re-
inspection Fee No Yes
$5 per unit per
month late
Re-insp fee if
needed No
$45 Re-inspection
fee if needed
January 1, 2020: $25
Re-inspection/Late
Fee; $50 for each
addition re-inspection
January 1, 2020: $25
Re-inspection/Late
Fee; $50 for each
addition re-inspection
Penalty for not
licensing property
Yes…$500 for 1st
violation; $750 for
2nd; & $1000 for
3rd $200 per offense
Fee set by City
Council: $100 1st
violation, $250 2nd
violation, $500 3rd
violation
Fined thru
crt…unlawful to
rent, 500.00 fine.
Send out nice letter
and if no response,
send out mean
letter No
$100 first violation ;
$150 for every
violation after
January 1, 2020: $100
first violation ; $150 for
every violation after
January 1, 2020: $100
first violation ; $150 for
every violation after
Property Mgr. to city
proximity
Nothing, but
required to be
present for
inspection Within county 100 miles 40 miles Brookings County
Brookings County &
present for
inspections
Brookings County &
present for inspections
Brookings County &
present for inspections
Occupancy
1 adult per bedroom
up to 5 people
Max 4 people 18
yrs. and older
No more than 4
unrelated Up to 3 unrelated 3 unrelated 3 unrelated 3 unrelated No Change
Cleanliness
Not disposing of
food properly, feces,
severe hoarding No No
Grey area, do not
look for it, but in
extreme cases of
hoarding, they
would take action No
Feces & severe
hoarding
Feces & severe
hoarding
Feces & severe
hoarding
GFCI's - required to
bring up to code Yes Yes Yes Yes Not required Yes Yes, January 1, 2022 January 1, 2022
Check for proper
GFCI's Yes in bathrooms Bathroom & Kitchen Bathroom & Kitchen
Bathroom &
Kitchen Not required Bathroom & Kitchen Bathroom & Kitchen
January 1, 2022
Bathroom & Kitchen
Bathroom
Ventilation Yes window or vent Yes Yes window or vent Yes No
Yes if shower/tub
present - need a fan
or window
January 1, 2022 Yes if
shower/tub present -
need a fan or window
January 1, 2022 Yes if
shower/tub present -
need a fan or window
Ames, IA Cedar Falls, IA Vermillion, SD Lawrence, KS
Brookings, SD
(Current)
Suggested
12/04/2018
Recommended Rental
Changes 03/01/2019
Recommendations as
of 3/13/2019
Electrical panel
accessible Check panel
Yes and no broken
breakers Yes Yes Yes
Yes - no broken or
missing breakers
Yes - no broken or
missing breakers
Yes - no broken or
missing breakersExtension cords
running under
carpet or through
doorways
Check for over
usage Proper usage Yes Yes No Yes Yes Yes
Combustibles
around
furnace/water Yes 24" clearance Yes Yes Yes 24" clearance 24" clearance
24" clearance or
according to UL listing
Fire Extinguisher
required
Yes (1 per unit) -
checked annually on
rechargeable, non-
rechargeable up to
12 years Yes, annually Mobile homes only
Yes, in buildings
with 3 or more units No
Yes, according to
fire regulations
Yes, according to fire
regulations
Yes, according to fire
regulations
Smoke Detectors
Yes each bedroom,
outside sleeping
area, & every floor
level
Yes, if tenants
remove batteries or
the alarm, they are
fined $500 by the
city.
Yes each bedroom,
outside sleeping
area, & every floor
level
Yes each bedroom,
outside sleeping
area, & every floor
level
Yes - each
bedroom & main
living levels
Yes each bedroom,
outside sleeping
area, & every floor
level
Yes each bedroom, &
every floor level No Change
CO2 Detectors Yes Yes
Yes if attached
garage or fuel fired
appliances Yes No
Yes if attached
garage or fuel fired
appliances
Yes if attached garage
or fuel fired appliances
Yes if attached garage
or fuel fired appliances
Operable Windows
Yes - no broken
glass
Broken windows,
open older windows,
just visual on new
windows Yes
Check they open &
Lock properly
Yes - only 1
bedroom window
Yes - 1 per bedroom
& no broken glass
Yes - 1 per bedroom &
no broken glass
Yes - 1 per bedroom &
no broken glass
Light Fixture Covers Yes Yes Yes Yes No Yes Yes
Yes, according to UL
listing
Outlet Covers Yes Yes Yes Yes No Yes Yes Yes
Handrails Yes Yes Yes 30" or more Over 4 risers No
Yes - 4 or more
risers Yes - 4 or more risers Yes - 4 or more risers
Spindles Yes Yes
Yes no more than
4" apart Yes No
Yes no more than 4"
apart
Yes no more than 4"
apart
Yes no more than 4"
apart
Exterior Door Locks Close & Latch Yes Yes Yes No Yes Yes Yes
House Numbers Yes Yes Yes Yes Yes Yes Yes Yes
Emergency Lighting Yes Yes Yes Yes
Yes in
apartments Yes in Apartments Yes in Apartments Yes in Apartments
Exit signs Yes Yes Yes Yes
Yes in
apartments Yes in Apartments Yes in Apartments Yes in Apartments
.
ARTICLE VI. - RENTAL DWELLING UNITS
DIVISION 1. - GENERALLY
Sec. 22-371. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings provided
in this section, except where the context clearly indicates a different meaning:
Agent means a person who physically resides within the County of Brookings or a business which has
a staffed office located in the County of Brookings, and who represents an owner of a leased dwelling unit.
Community development director means any person designated by the city manager who shall be
charged with the administration and enforcement of this article.
Dwelling means a building or a portion thereof used exclusively for permanent residential occupancy,
including one-family dwellings, two-family dwellings, apartments, condominiums, townhouses, fraternities,
sororities, boardinghouses and mobile homes.
Dwelling unit means one or more rooms in a dwelling which are arranged, designed, used or intended
for use as living quarters for one family or in the case of an apartment, fraternity, sorority or boardinghouse,
by one or more people. A dwelling unit functions independently from all other dwelling units within a building.
A dwelling unit includes all of the following:
(1) A living room;
(2) A sleeping area;
(3) A separate eating area containing a kitchen sink with hot and cold running water and operational
cooking and refrigeration appliances connected to a power source; and
(4) A separate bathroom containing a water closet, lavatory and bathtub or shower.
Owner means an owner, manager, landlord, agent or other person having control of any leased
dwelling unit.
Sec. 22-372. - Exception.
This article does not apply to facilities licensed by the state, nor to any dormitory operated by an
educational institution, nor hotels, motels or other structures designed or used primarily for transient
residents.
Sec. 22-373. - Agent required/appointment procedure.
Each owner of a leased dwelling unit who does not reside within the county shall appoint an agent
residing within the County of Brookings. In addition, if the owner of a leased dwelling unit is a corporation,
limited liability company, partnership or similar entity which is required to file organizational documents to
become a recognized entity and which is either formed under the laws of South Dakota or possesses a
certificate of authority to transact business in the State of South Dakota, it shall also appoint an agent
residing within the County of Brookings if the entity's registered agent does not physically reside within the
County of Brookings. The appointment of an agent shall be made upon the application for the dwelling unit
rental license, and shall include the name, address and telephone number of the agent. The city may serve
notices pertaining to the administration of this article or of any provisions of the city's laws, rules, regulations,
resolutions, ordinances and codes pertaining to such dwelling unit upon the agent and service upon the
agent will constitute service upon the owner. The agent shall be present during the inspection of the leased
dwelling unit.
Sec. 22-374. - Maximum occupancy limits.
(a) Maximum occupancy.The maximum occupancy of a dwelling unit shall be one family per dwelling
unit. The term "family" is defined in subsection (c) below, and in the Brookings Zoning Ordinance.
(b) Violations.No person shall occupy, nor shall the owner or operator of any rental dwelling allow any
persons to occupy any dwelling unit in excess of the maximum occupancy permitted in this article.
(c) Definition of family.An individual or two or more persons related by blood or law occupying a dwelling
unit and living as a single household entity or two or more persons related by blood or law occupying
a dwelling unit and living as a single household entity together with the number of unrelated adults so
that the family contains no more than three adults who are unrelated by blood or law or not more than
three unrelated adults occupying a dwelling unit and living as a single household entity. In addition to
persons actually related by blood or law, the following persons shall be considered related by blood or
law for the purposes of this article:
(1) Persons residing with the family for the purpose of adoption.
(2) Not more than six persons under 18 years of age residing in a foster home licensed or approved
by a governmental agency.
(3) Not more than four persons 19 years of age or older residing with the family for the purpose of
receiving foster care, which is licensed or approved by a governmental agency.
(4) Persons living with a family at the direction of a court.
Sec. 22-375. - Violations and enforcement.
(a) Violations.
(1) A violation of any provision of this article is punishable as provided in chapter 1 of this Code and
in accordance with any resolution establishing proposed fines for violations of ordinances of the
city.
(2) In addition, a rental license for the leased dwelling unit which is the subject of the violation may
be suspended or revoked upon the determination of the community development director or its
authorized representative that such violation directly affects the health, safety and welfare of the
occupants. In the event of the suspension or revocation of the rental license, the dwelling unit
shall comply with the provisions of this article before the license is reinstated or a new license
may be issued.
(3) In addition, in the event of a violation, a rental license for the leased dwelling unit which is the
subject of an over-occupancy violation may be suspended or revoked upon a determination of
the community development director or its authorized representative that a previous verified
incident of over-occupancy concerning the dwelling unit has occurred while the leased dwelling
unit was owned by the present owner.
(b) Enforcement.
(1) Notices and orders.
a. Notice to person responsible.Whenever the community development director determines
there is a verified incident of over-occupancy, notice may be given as provided below to the
person responsible for the violation.
b. Form.Notices shall be in accord with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing 30 days to correct the over-occupancy of the dwelling
unit.
5. Inform the property owner or agent of the right to appeal.
c. Method of service.Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally to the owner or agent; or
2. Sent by certified or first-class mail addressed to the last known address of the owner or
agent; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall
be posted in a conspicuous place in or about the structure affected by such notice; or
4. Serviced by the sheriff, police department or a duly authorized process server.
d. Notice of suspension or revocation of rental housing license.Upon suspension or revocation
of the rental housing license, the community development department shall notify the owner
and the occupants in writing. The notice shall state the reason for the suspension or
revocation of the rental housing license, a statement of required corrective actions or,
alternatively, that the dwelling must be vacated within 30 days of the date of notice, and
notice that the owner may appeal the suspension or revocation of the rental dwelling license
in the manner provided in this article.
e. A rental housing license may be suspended or revoked upon a determination of the
community development department that a previous verified incident of over-occupancy
concerning the leased dwelling unit occurred while the leased dwelling unit was owned by
the present owner.
(2) Appeals.
a. Application for appeal.The owner of a rental dwelling unit which is the subject of a decision
or order of the community development department concerning the suspension or revocation
of a rental housing license shall have the right to appeal. The party who wishes to appeal is
referred to as the "appellant." An independent hearing examiner, who must be a member in
good standing of the State Bar of South Dakota, shall be assigned by the city to hear the
appeal.
b. Appeals shall be commenced by filing a written notice of appeal with the Community
Development Department of the City of Brookings either in person or postmarked within 15
days of the decision of the community development director to suspend or revoke a rental
dwelling license. The written notice of appeal shall be printed legibly or typed and shall
contain the following information:
1. A description of the decision being appealed;
2. The reasons the appellant believes the decision is objectionable, incorrect or illegal;
3. The name, address and telephone number of the appellant;
4. If the appellant is to be represented by a legal representative, the name, address and
telephone number of the representative; and
5. The signature of the appellant, legal representative or agent.
c. If the appellant complies with the jurisdictional requirements for an appeal, then the city will
take no further action to enforce the penalty or result until the hearing examiner renders a
final decision. However, the provisions for prior notice and hearing may be dispensed with
when, in the opinion of the community development director, immediate action is necessary
to summarily abate a dangerous condition on public or private property or there is an
imminent threat to life or safety on public or private property. The director shall take only
such action as is reasonably necessary to summarily abate the danger, and then the city will
take no further action to enforce the penalty or result until the hearing examiner renders a
final decision.
d. The community development director, or their designee, shall immediately deliver a copy of
the appeal to the city attorney who will act as legal counsel for the city.
e. Time of hearing and notice.Upon the suspension or revocation of the rental housing license,
the community development director shall notify the owner and the occupants of the leased
rental unit in writing. The notice shall state the reason for the suspension or revocation, a
statement of required corrective actions, that the dwelling must be vacated within 30 days of
the date of notice, and that the owner may appeal to the board in the manner provided in
this article. A hearing shall be held on all appeals within 30 days after the filing of the appeal,
unless a later date is scheduled by the hearing examiner upon a showing of good cause why
the matter should be scheduled beyond that date. The city attorney's office shall cause
written notice of the date, time and place of the hearing to be served upon the appellant by
personal service, certified or first class mail to the address set forth in the notice of appeal
at least 15 days before the hearing date. If the notice of hearing is sent by certified mail and
is returned unsigned, then service shall be deemed effective pursuant to first class mail,
provided the notice of hearing sent by first class mail is not returned.
f. Hearing procedures.The following rules shall govern the procedures for the hearing of the
appeal.
1. Hearings and administrative appeals shall be governed by the rules of civil procedure
and the rules of evidence as set forth in the South Dakota Codified Laws (SDCL).
However, the foundational requirements of SDCL 19-16-10 and SDCL 19-16-12 will not
be required as long as the hearing examiner is reasonably satisfied regarding the
source of the document(s).
2. Oral evidence shall be taken only on oath or affirmation.
3. The hearing examiner shall administer oaths or affirmations to witnesses.
4. The city bears the burden of proof at the hearing. The standard of proof to be used by
the hearing examiner is by a preponderance of the evidence.
5. The proponent of any testimony to be offered by a party or witness who does not
proficiently speak the English language shall provide an interpreter. The interpreter shall
be approved by the independent hearing examiner conducting the proceeding as
proficient in the English language and the language in which the witness will testify. The
cost of the interpreter is to be paid by the party providing the interpreter.
g. Rights of parties at hearing.The appellant, the community development director, and any
other party to an appeal shall have these rights among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross examine opposing witnesses on any matter relevant to the issues of the
hearing;
4. To rebut evidence;
5. To subpoena witnesses to appear and give testimony on that party's behalf or to
produce records, books, papers and documents relating to any matters related to the
hearing. Any application for a subpoena shall be submitted to the hearing examiner for
consideration at least ten days in advance of the hearing. The hearing examiner shall
not unreasonably refuse to issue the requested subpoena. Any subpoena must be
issued and served no later than five days before the scheduled time of the hearing. All
costs related to the subpoena, including the witness fee and mileage fee at the rate
provided by statute, SDCL Ch. 19-5, shall be paid by the party requesting the subpoena;
6. Any party who fails to appear at the hearing is deemed to waive the right to a hearing
and the adjudication of the issues related to the hearing, provided that proper notice of
the hearing has been provided; and
7. The hearing examiner shall cause to be made a record of the hearing, either
stenographically or by sound or video recording, and shall make available a recording
of the hearing to any person upon request and payment in advance of the estimated
cost of the recording.
h. Decision.After each appeal hearing, the hearing examiner shall perform the following:
1. Make written findings of fact; and
2. Based upon the written findings and conclusions, either sustain, remand for further
hearing or action or rescind the decision of the community development department.
i. Reports, costs.A written report of the decision, including the findings of fact, shall be served
either in person or by first class mail upon the appellant and upon the city within 15 working
days from the date the appeal hearing is concluded. The city and the appellant shall bear
their own respective costs of the appeal proceeding, except as specifically provided herein.
j. Subject to judicial review.The final decision of the hearing examiner may be subject to judicial
review as provided by law. If judicial review has been commenced by the aggrieved party
within 30 days after the final decision has been entered by the hearing examiner, or as
otherwise provided by law, the city will take no further action to enforce the suspension or
revocation of the rental dwelling license until the civil action is completed with the exception
of those matters which require immediate abatement as set forth in section 22-375(a)(2).
k. Filing fees.The filing fee for an appeal shall be $100.00 for each appeal filed by an owner,
payable to the City of Brookings.
Secs. 22-376—22-400. - Reserved.
DIVISION 2. - LICENSE
Sec. 22-401. - Licensing of leased dwelling units.
It is unlawful for any owner of any dwelling unit to lease, rent or permit to be leased or rented any
dwelling unit within the city without first obtaining a dwelling unit rental license for such dwelling unit from
the city and paying the fee as provided in section 22-405.
Sec. 22-402. - Application forms.
The application for a dwelling unit rental license shall be made by completing the required forms
furnished by the community development department. The community development department shall
administer and enforce this article. No license will be issued or renewed unless the owner of any leased or
rented dwelling unit agrees in the application to such inspections provided in section 22-406.
Sec. 22-403. - Implementation.
A tenant or other person may continue to occupy any existing, currently conforming leased or rented
dwelling unit after the effective date of this article if the owner or their agent have complied with the
requirements of this article. During the implementation of this article, the city will accept and file applications
for a dwelling unit rental license. The city will systematically inspect leased or rented dwelling units and will
issue licenses subject to available inspection personnel. In order to establish a uniform work load for future
reapplications, the community development director will determine the expiration date of the initial license
issued (not less than two years nor more than four years) and the license fee will be computed based on
the initial length of the license.
Sec. 22-404. - Term.
Each license issued pursuant to this article, except as provided in section 22-403, will be effective from
the date of issuance. At the conclusion of the license term, a new license application must be completed
and submitted in accordance with section 22-402 of this article.
Sec. 22-405. - Fees.
A fee shall be charged for each leased or rented dwelling and dwelling unit. The fee for licenses issued
under the provisions of this article shall be determined by resolution of the city council. License fees are
due at the time the license is issued.
A re-inspection fee shall be charged for each leased or rented dwelling and dwelling unit for each
inspection completed after the initial inspection for a new dwelling unit rental license or the renewal of a
previous dwelling unit rental license. The fee for re-inspections shall be determined by resolution of the
city council.
Sec. 22-406. - Inspection required.
Upon receipt of an application for a dwelling unit rental license, except for the initial licensing, the
community development director or their authorized representative shall, within 60 days after receiving the
application, inspect the dwelling unit to be licensed to determine whether the unit complies with the initial
inspection requirements of this article. No dwelling unit rental license will be issued by the city unless the
dwelling unit complies with the initial inspection requirements. Units not previously licensed will be allowed
90 days from the date of inspection to conform to the requirements established in this article. Compliance
dates for currently licensed units will be determined by the community development director or their
authorized representative.
Sec. 22-407. - Additional inspection requirements.
Subsequent to compliance with the initial inspection requirements and issuance of the license,
additional inspections of the premises may be made if the community development director or their
representative determines hazardous conditions exist on the premises which may endanger the health,
safety or welfare of the occupants. Such inspections will be made in accordance with the provisions of the
applicable sections of city ordinance.
Sec. 22-408. - License verification.
The license for a dwelling unit or apartment building shall be displayed in a conspicuous place within
each dwelling unit. Apartment buildings may display one license in a conspicuous place within the building
near the primary entrance or an entrance authorized by the community development director or their
representative. It is unlawful for any person or persons to display any license under this article which has
been terminated, revoked or suspended or which has not been lawfully procured or issued.
Sec. 22-409. - Transfer.
Each license issued pursuant to this article may be transferred to another party, provided that any new
licensee must complete and submit a new application to the city no later than 48 hours after the transfer of
ownership of the licensed premises.
Secs. 22-410—22-430. - Reserved.
DIVISION 3. - STANDARDS
Sec. 22-431. - Compliance with division requirements.
Each leased or rental dwelling unit must comply with the requirements of this division.
Sec. 22-432. - Smoke detector.
Each dwelling unit must contain a properly installed and maintained smoke detectors. One smoke
detector is required in each room used for sleeping purposes in addition to one smoke detector on each
floor. The occupant of a dwelling unit shall not disable any required smoke detectors.
Sec. 22-433. - Exits.
Dwellings constructed on and after September 24, 1968, must meet the exit requirements of the city's
building code at the time of construction. Dwellings existing prior to September 24, 1968, shall meet the
following means of escape requirements:
(1) Every bedroom and living area must have a primary means of escape which shall be a door or
stairway providing a means of unobstructed travel to the outside of the dwelling at street or ground
level.
(2) Every sleeping room must have a second means of escape or alternative protection as follows:
a. A door, stairway, passage or hall providing a way, independent of and remote from the
primary means of escape, of unobstructed travel to the outside of the dwelling at street or
ground level.
b. A passage through adjacent, nonlockable spaces independent of and remote from the
primary means of escape to any approved means of escape.
c. One operable window approved for emergency escape or rescue. Escape or rescue windows
shall have a minimum net clear openable area of 24 inches by 20 inches. Escape or rescue
windows shall be free of any cracks or defects. When windows are provided as a means of
escape or rescue, they shall have a finished sill height no more than 48 inches above the
floor. Such means of escape shall be acceptable if the window is within 20 feet of grade or
if the window opens onto an exterior balcony or porch roof.
Escape and rescue windows with a finished sill height below the adjacent ground elevation
shall have a window well that has a dimension, measured at right angles to the wall, equal
to the depth of the window well that is below grade and shall comply with the following:
1. The minimum clear horizontal dimension of the window well shall allow the window to be fully
opened.
2. Window wells with a vertical depth below grade of more than 48 inches shall be equipped
with an approved permanently affixed ladder or stairs that are accessible with the window in
the fully open position. The ladder or stairs shall not encroach into the required dimensions
of the window well.
Exception: Sleeping rooms in basement dwelling units which existed prior to September 24,
1968, may have a permanently affixed ladder, platform or equivalent rigid object below one
window, meeting the minimum net clear opening requirements, capable of supporting the
occupants and having a vertical distance from the windowsill of not more than 48 inches.
The distance from the ladder, platform or equivalent rigid object to the windowsill shall not
be less than 36 inches if the window opens into the room. The ladder, platform or equivalent
rigid object shall have a horizontal surface projection from the wall of not less than seven
inches. The length, running parallel with the wall, shall not be less than 20 inches.
Sec. 22-434. - Parking.
Each dwelling unit shall meet the on-premises parking requirements applicable at the time it was
established. Parking lots, parking spaces and access thereto must meet architectural graphic standards
established by the American Institute of Architects and all applicable regulations of chapter 94 of this Code
of Ordinances.
Sec. 22-435. - Zoning.
Any lawful use of a building or land existing as of May 16, 1991, may be continued.
Sec. 22-436. – Carbon monoxide alarms.
All registered rental units shall be provided with carbon monoxide alarms and shall be installed outside of
each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units with fuel-fired
appliances and/or attached garages. The occupant of a dwelling unit shall not disable any required
carbon monoxide alarms.
Sec. 22-437. Lighting and electrical system. Every dwelling unit shall have electric service, outlets, and
fixtures that are grounded and installed properly, maintained in good and safe working condition, and
connected to a source of electric power. Rental dwelling units shall meet the following minimum
requirements:
(1) As of January 1, 2022, each kitchen and each room containing a toilet, sink, bathtub, or shower
stall shall have at least one grounded duplex electric receptacle protected by a ground-fault circuit
interrupter (GFCI).
(2) Light fixtures shall be equipped with UL listing approved covers.
(3) Receptacle outlets and light switches shall contain proper coverings.
(4) Temporary wiring or extension cords shall not be used as permanent wiring.
(5) Electrical panel shall have a clear path for access and shall not contain any broken or missing
breakers.
(6) Emergency lighting shall be provided in apartment buildings with stairs or common hallways in
accordance with the City of Brookings Building Code as adopted and amendments thereto.
(7) Exit signs shall be installed and maintained in apartment buildings with stairs or common
hallways in accordance with the City of Brookings Building Code as adopted and amendments
thereto.
Sec. 22-438. Storage of Combustible Materials. Storage of combustible materials shall be separated
from heaters or heating devices by distance or shielding in such a manner as to maintain the required
clearances to combustible construction specified in the listing of heat-producing equipment. Unlisted
heat-producing equipment shall be installed in such manner as to maintain clearances to combustible
construction of twenty-four (24”) inches of separation on the front and six (6”) inches of separation on the
sides or back of the equipment.
Sec. 22-439. Locks/Security. Each dwelling unit shall be equipped with properly installed and maintained
locking devices on entry doors.
Sec. 22-440. Handrails/Spindles. Handrails and spindles shall be installed in accordance with the City of
Brookings Building Code as adopted and amendments thereto.
Sec. 22-441. Numbering of Units. Each dwelling unit shall be numbered in accordance with the City of
Brookings Building Code as adopted and amendments thereto.
Sec. 22-442. Ventilation. As of January 1, 2022, all bathrooms containing a shower or tub shall have
natural ventilation provided by an easily openable exterior window or be installed with a mechanical
ventilation system capable of exchanging air.
Rental Housing Inspection
City of Brookings
History of Inspection Program
•Program began in the 80’s
•Life/Safety
•1 inspector
•2008 –2 inspectors
•1990 ~ 3,000 rental units
•Today ~ 5,000 rental units
Timeline
•February 27, 2018 City Council
•June 12, 2018 City Council discussion
•December 2018 property manager meeting (small group)
•February 2019 international tenants meeting
•February 2019 tenants meeting (3)
•March 2019 property manager meeting (large group)
•May 14, 2019 Public hearing, tabled to Study Session
•May 28, 2019 City Council Study Session
Proposed Changes
•GFCI outlets –bathroom & kitchen by Jan. 2022
•Bathroom ventilation –fan or window by Jan. 2022
•Electrical panel -broken or missing breakers
•Improper use of extension cords
•Carbon Monoxide detectors –attached garage, fuel fired
appliances
Cont’d
•Operable windows –no broken glass
•Light fixture covers
•Outlet & light switch covers
•Handrails –4 or more risers
•Spindles –max. 4” apart
•Exterior door locks
Cont’d
•Fire extinguishers –where required by code
•Combustibles around heat sources
•Property Managers required to be present for inspections
•Smoke Detectors –Occupants shall not disable
What we are not inspecting
•Cosmetics & flooring material/condition
•Mold
•Screens on windows
•Appliances
•Plumbing –leaks, water temps
Questions
Community Development Department
520 3rd Street
Suite 140
605-692-6629
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 19-008,Version:2
..Title
Public Hearing and Action on Ordinance 19-008, an Ordinance amending the Zoning Ordinance of the City of Brookings
to include Indoor Recreation Facility as a permitted special use in the Business B-1 Central District, Business B-2 District,
Industrial I-1 Light District, Industrial I-2 Heavy District, and Industrial I-1R Restricted District.
..Body
Summary:
Staff is proposing a zoning ordinance amendment to allow indoor recreation facilities as permitted special uses in the B-1,
B-2, I-1, I-2, and I-1R Districts. The use would be permitted so long as it is contained within a building and all equipment
and materials are stored inside the building.
Background:
Currently, the zoning ordinance allows indoor recreation facilities as a permitted use in the Ag, B-3, and B-4 districts, as
well as in the B-5 by a conditional use permit. All residential districts allow for public recreational facilities with a
conditional use process. Due to a high community demand for recreational space and citizen requests, staff has
prepared an amendment to allow indoor recreation facilities in five (5) additional business and industrial districts.
Development Review Team Recommendation:
The Development Review Team recommends approval of the zoning ordinance amendment.
Planning Commission Recommendation:
The Planning Commission voted 7-0 to recommend approval of the zoning ordinance amendment.
..Body2
Attachments:
Notice
05-07-2019 Planning Commission Minutes
Memo to Planning Commission
Ordinance
City of Brookings Printed on 6/8/2019Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From:Staci Bungard, City Planner
Meeting:May 7, 2019
Subject:Zoning Amendment to include Indoor Recreation Facility
uses as a permitted special use in the Business B-1 Central
District, Business B-2 District, Industrial I-1 Light District,
Industrial I-2 Heavy District, and Industrial I-1R Restricted
District
Person(s) Responsible: Mike Struck, Community Development Director
Staci Bungard, City Planner
Summary:
Staff is proposing a zoning ordinance amendment to allow indoor recreation facilities as
permitted special uses in the B-1, B-2, I-1, I-2, and I-1R Districts. The use would be
permitted so long as it is contained within a building and all equipment and materials are
stored inside the building.
Background:
Currently, the zoning ordinance allows indoor recreation facilities as a permitted use in
the Ag, B-3, and B-4 districts, as well as in the B-5 by a conditional use permit. All
residential districts allow for public recreational facilities with a conditional use process.
Due to a high community demand for recreational space and citizen requests, staff has
prepared an amendment to allow indoor recreation facilities in five (5) additional
business and industrial districts.
Discussion:
There are numerous community athletic clubs that are seeking indoor recreation spaces
for practice facilities. These clubs/teams are looking to use empty or unused
warehouse spaces as practice facilities. Businesses would also be allowed to have
indoor recreation and gym facilities for their employees. Increased access to indoor
recreation areas will have positive community benefits for physical fitness, families,
employees, and teams.
Legal Consideration:
None.
Financial Consideration:
None.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Staff Recommendation:
The Development Review Team, Planning Commission, and staff recommend approval
of the ordinance amendment.
Action Requested:
Approval of amending the zoning ordinance to include indoor recreation facility uses in
various business and industrial districts.
Supporting Documentation:
1. Notice
2. Planning Commission Minutes
3. Zoning Ordinance Amendment
Ordinance 19-008
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to an Indoor Recreation Facility for the purposes of administration of
the Zoning Ordinance
Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that
Chapter 94, Zoning shall be amended as follows:
Section 1.
ARTICLE IV. – DISTRICT REGULATIONS
DIVISION 1. – GENERALLY
Sec. 940131. – Business B-1 central district.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with the conditions prescribed herein:
(4)Indoor recreation facility.
a. The use must be contained within a building.
b. All equipment and materials shall be stored inside the building.
Sec. 94-132. – Business B-2 district.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with the conditions prescribed herein:
(8)Indoor recreation facility.
a. The use must be contained within a building.
b. All equipment and materials shall be stored inside the building.
Sec. 94-136. – Industrial I-1 light district.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
(11) Indoor recreation facility.
a. The use must be contained within a building.
b. All equipment and materials shall be stored inside the building.
Sec. 94-137. – Industrial I-2 heavy district.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with the conditions prescribed herein:
(9)Indoor recreation facility.
a. The use must be contained within a building.
b. All equipment and materials shall be stored inside the building.
Sec. 94-161. – Industrial I-1R restricted district.
(d) Permitted special uses. A building or premises may be used for the following
purposes in conformance with the conditions prescribed herein:
(4)Indoor recreation facility.
a. The use must be contained within a building.
b. All equipment and materials shall be stored inside the building.
Section 2.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading:May 28, 2019
Second Reading:June 11, 2019
Published:June 14, 2019
City of Brookings, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, Acting City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to
Chapter 94, Zoning, to pertaining to the inclusion of Indoor Recreation Facility uses as a
permitted special use in the Business B-1 Central District, Business B-2 District, Industrial I-1
Light District, Industrial I-2 Heavy District, and Industrial I-1R Restricted District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, May 7, 2019, in the Chambers Room on the third floor
of the Brookings City and County Government Center at 520 Third Street, Brookings, South
Dakota. Any action taken by the City Planning Commission is a recommendation to the City
Council.
Any person interested may appear and be heard in this matter.
Dated this 26
th day of April, 2019.
____________________________
Staci Bungard
City Planner
Planning Commission
Brookings, South Dakota
May 7, 2019
OFFICIAL MINUTES
Chairperson Eric Rasmussen called the regular meeting of the City Planning Commission to
order on Thursday, May 7, 2019, at 5:38 PM in the Chambers Room #310 on the third floor of
the City & County Government Center. Members present were Tanner Aiken, Greg Fargen,
Leah Brink, Alan Johnson, Gregg Jorgenson, Lee Ann Pierce and Rasmussen. Absent was
James Drew. Also present were City Planner, Staci Bungard, Community Development Director
Mike Struck, Justin Bucher, and Jacob Mills.
Item #6a – The City of Brookings has submitted a Zoning Ordinance Amendment to include
Indoor Recreation Facilities as a permitted special use in the B-1, B-2, I-1, I-2, and I-1R districts.
(Johnson/Pierce) Motion to approve the Zoning Ordinance Amendment. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a –The proposed Zoning Ordinance amendment would allow for indoor recreation
facilities to be a permitted special use in the B-1, B-2, I-1, I-2, and I-1R Districts.
Bungard explained there is demand in the community for additional indoor recreation facilities
and this amendment would help satisfy the community need.
Pierce asked if there is a definition for indoor recreation facility in the ordinance? Struck
responded yes there are several definitions that would already cover this. Pierce asked if an
indoor go cart track or indoor equine facility would be allowed? Bungard stated yes so long as
all activities and equipment are inside a building.
Fargen asked the difference between a permitted use and a permitted special use? Struck
responded a permitted use is a use by right and a permitted special use needs to meet additional
criteria. Rasmussen stated that the use is already allowed as a permitted use in the B-3 and B-4
districts.
Pierce wondered why a permitted special use was favored over a conditional use? Struck stated
because conditional uses are tough to enforce and there are more intensive uses as permitted and
permitted special uses in these districts. Pierce stated she is in favor of the amendment but likes
the conditional use process because it has notification requirements for adjacent property owners.
Struck stated that all equipment and activities would need to be inside a building at all times.
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 2019-0243,Version:1
Discussion and Action to Adopt the Master Drainage Plan Priority List.
Summary:
Jackie Lanning, City Engineer, and Thad Drietz, Assistant City Engineer, will present the updated
Master Drainage Plan Priority List and project ranking, which is attached. The Priority List was last
adopted in June 2016 and the updated list is presented to the City Council every 2-3 years as
projects are completed. The prioritized project list will be used for budgeting the Capital
Improvement Program.
Recommendation:
Recommend approving the Master Drainage Plan Priority List as presented.
Attachments:
Memo
Master Drainage Plan Priority List
Map
City of Brookings Printed on 6/6/2019Page 1 of 1
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City Council Agenda Memo
From:Jackie Lanning, City Engineer
Council Meeting:June 11, 2019
Subject:Presentation & action on the Master Drainage Plan Priority
List
Person(s) Responsible: Jackie Lanning, City Engineer & Thad Drietz, Assistant City
Engineer
Summary:
The Master Drainage Priority List was last adopted in June, 2016. An updated list is
presented to the City Council every 2-3 years as projects are completed and
opportunities arise. Staffs recommendations are determined through specific criteria
and calculations to ensure the greatest benefit to the system/community. The prioritized
project list will be used for budgeting the Capital Improvement Program and Stormwater
funds.
Background:
The City of Brookings adopted the City of Brookings Master Drainage Plan (MDP) in
2008. The Master Drainage Plan included 12 specific study areas, 34 sub watershed
areas, hydrological SWMM model data, and cost estimates for the projects. The MDP
Plan serves two purposes:
1. Identify improvements for existing drainage conditions throughout the City of
Brookings and future growth areas; and
2. Provide supplemental SWMM model data which may be used by consultants for
drainage analysis of existing and future developments.
The City Council held initial discussions and gathered public input regarding the 12
specific study areas. Each area was analyzed for its adequacy to accommodate both a
5-year and 100-year storm event. Improvements for each of the 12 areas were
recommended as well as an approximate cost of each improvement. After the City
Council adopted the MDP, discussions were held to prioritize the order of the projects.
Input was gathered from local residents, developers, and consultants and a “Project
Ranking System” was adopted by the City Council to use as a tool to prioritize and rank
the drainage projects. The first prioritized list of projects was adopted in 2009. Since
many of the drainage improvement projects are naturally interrelated, it was the intent to
continue to reprioritize the list as projects are completed.
Due to the high costs of certain projects, it was decided that if a project could feasibly
be broken up and “phased” into smaller projects, this would provide the greatest amount
of benefit to the whole City in a shorter timeframe. The ‘phased’ projects were
reintroduced into the prioritization formula as separate projects. By doing so, it allowed
a wider coverage, versus focusing drainage funds on one specific area at a time. The
projects completed to date are:
Garden Square Drainage Improvement (valley gutter)
Southland Lane/17th Avenue Phase 1 (detention pond)
Pheasant Nest Phase 1 (detention pond)
Camelot Drainage Improvement Phase 1 (piping in Christine Ave)
20th Street South and Medary Avenue Phase 1 (North Nelson Detention Pond)
20th Street South and Medary Avenue Phase 2 (additional pipe under 20th St S.)
Division Avenue Phase 1, 2 and 3 (2nd Street South detention pond, concrete
valley gutter and Western Avenue detention pond)
6th Street Drainage Improvement Corridor Phase 1 (Main Ave to Western Ave)
LeFevre Drive Storm Sewer (pipe and inlets)
State Avenue Watershed Phase 2 (8
th Street and 20th Avenue piping and inlets)
6th Avenue Viaduct Flood Warning System
The 12 projects originally identified in the 2008 MDP were selected based on citizen
input prior to 2008. This was never intended to be a limitation. New projects can be
added to the list as new problem areas are discovered. The last prioritization list was
approved by City Council in 2016. The current prioritized list is attached, with the
completed projects removed from the list.
Neighborhood Projects
In addition to the Master Drainage Plan projects, the City has also worked on smaller
drainage improvement projects known as “Neighborhood Projects”. These projects
focused on areas of concern that were smaller in scope than the intent of the MDP, and
they are generally selected based on citizen input and observations. Here are a few of
the neighborhood-level projects that have been completed:
15th Street South, from 17th Avenue South to the east: Storm sewer inlets and
pipe
Copper Mountain Circle: Storm sewer inlet and pipe
Rotary Park Drainage Improvement Project: detention pond, grading &
landscaping
Minnesota Drive and State Street area: Storm sewer inlets and pipe
Derdall Drive, east of 17th Avenue South: Storm sewer inlets, pipe and valley
gutter to the tracks
2nd Street South: Concrete valley gutter
Storm Drainage Fund Cash Flow
The Storm Drainage Fund has paid for all of the drainage projects. The neighborhood
and smaller projects have been paid out of the fund balance. The larger projects have
received SRF loans through DENR which have been at 3% interest over 20 years. The
current annual loan payments are approximately $144,600 in principal and $80,300 in
interest. The DENR requires a detailed cash flow analysis with reserve funds to qualify
for the SRF loans so it is important that the drainage fund has the appropriate reserve
amounts. In addition, the City Council adopted a 5% increase in the drainage fund for
2017, 2018 and 2019 to provide additional funding for projects.
Project Ranking System:
The ranking of the projects is based on a series of different criteria which are applied to
a formula. The criteria are as follows:
Citizen Safety
Potential Environmental Impact
Number of Buildings Affected
Occupant Evacuation
Property Damage
Traffic Impact
Location in Basin
Cost Versus Budget
Reduced Maintenance Issues
Infrastructure Age
Each criterion has a certain “weighting factor” assigned to it related to the importance of
the specific criterion. For instance, “Citizen Safety” has a very high weighting factor.
Additionally, a rating of 0 to 5 is assigned in each weighting category above for each
project. The rating is multiplied by the weighting factor. Then the weighted ratings are
summed up to produce a total score for each project. The City Council adopted the
ranking rubric and weighting factors in 2009 prior to any projects being ranked in the
rubric. In order to maintain consistency each time the projects are reprioritized, these
weighting factors never change. Only the rating scores change as projects are added
or completed.
The estimated costs for each project are based on the cost of the whole project, not just
the drainage portion of the project. For instance, installing a storm sewer may involve
reconstructing an entire street which costs more than the storm sewer. The total cost is
taken into consideration when prioritizing because the storm sewer and the street are
codependent and cannot be separated; although the City may pay for the project from
two separate budgets.
It was the City’s intent to reprioritize the project list approximately every three years
because, in addition to new projects, the completion of other projects can affect the
score of the remaining projects. For example, construction of a detention pond in one
part of the city could reduce peak storm flows into another; thereby reducing the
urgency of storm sewer improvements downstream. City Engineering staff has
examined each of the completed projects and their effects in their respective
watersheds.
Legal Consideration:
N/A.
Financial Considerations:
The prioritized projects will be budgeted in the Capital Improvement Program.
Recommendation:
Staff recommends adopting the prioritized list as presented.
Action Requested:
Approve a motion to adopt the Master Drainage Plan Priority List.
Supporting Documentation:
Master Drainage Plan Priority List
Master Drainage Plan Priority List
Ranking Results 03/06/19 Approximate
5yr Storm 100yr Storm Construction
Rank Project Score Cost Cost Year **
1 SDSU 11th Street Culvert Crossing (C4)22.40 $250,000 2020
2 5th Ave Drainage Improvement Ph-1 (4th St to
6th St)22.10 $900,000 n/a 2021
3 17th Ave S and Pebble Beach Dr (Moriarty Park
Detention)21.70 $600,000 2019-2020
4 Medary Ave Ph-3 (32nd St detention &
channeling)20.10 $2,400,000
5 State Ave Watershed Improvement Ph-1
(Jefferson piping)19.30 $750,000 n/a 2020
6 State Ave Watershed Improvement Ph-4 (Village
Square-Brickwood Plaza)19.30 $3,880,000 $5,510,000
7 Medary Ave Ph-4 (20th St Culverts)18.80 $950,000 $1,300,000
8 Camelot Ph-2 (Parkway Blvd)18.40 $1,100,000 $2,600,000
9 Medary Ave & Intersections of 1st St and 2nd St -
Watershed Improvement 17.90 $8,000,000 n/a
10 State Ave Watershed Improvement Ph-3 (Faculty
Dr piping)17.80 $813,000 n/a
11 15th St S & 7th Ave (Costello pond w/street
project)17.50 $2,243,431 $4,962,629
Pending
assessment
hearing
12 Camelot Ph-3 (Hammond, Horner, Roberts Ave)16.50 completed w/
Ph-1 $1,300,000
13 SDSU Regional Detention Pond & Channeling
(B1-C1)16.20 n/a $150,000 2019
14 West 20th Street South (with street project)16.10 $2,500,000 $2,900,000 2019
15 Medary Ave Ph-6 (county channeling)16.00 $2,200,000
16 17th Ave S and Sawgrass Dr (Southland Ph-2
piping south)15.00 completed w/
Ph-1 $1,400,000
17 State Ave Watershed Improvement Ph-5 (Olwein
piping)14.90 $160,000 n/a
18 Southland Lane & 12th Street South (Ph-3 piping
north)12.50 completed w/
Ph-1 $1,500,000
19 5th Ave Drainage Improvement Ph-2 (Viaduct to
4th St)12.50 $1,400,000 n/a
20 Medary Ave Ph-5 (Medary cross-over culvert)10.00 $1,200,000 ph-5
**Construction Schedule subject to change
depending on budget, scheduling drainage work
with street projects, and other factors.
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 2019-0244,Version:1
Action on a Motion to Proceed with Design Services for the Bob Shelden Athletic Complex
Renovation Project.
Summary:
The City Council held a discussion on the Bob Shelden Athletic Complex Renovation Project at their
May 22, 2018 City Council Meeting. In addition, Resolution 19-025 was adopted on February 26,
2019, which authorized the execution of Sales Tax Bonds in the anticipation of proceeding with the
Bob Shelden renovation project.
Staff is recommending the approval of a Motion to proceed with design services for the Bob Shelden
Athletic Complex Renovation Project. The anticipated cost of the design services is $300,000.
Recommendation:
Staff recommends approving a Motion to proceed with design services for the Bob Shelden Athletic
Complex Renovation Project.
Attachments:
Memo
Drawing
City of Brookings Printed on 6/6/2019Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From:Jackie Lanning, City Engineer
Council Meeting:June 11, 2019
Subject:Action on Motion to Proceed with Design Services for the
Bob Shelden Athletic Complex Renovation Project.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
The City Council has determined the Bob Shelden Athletic Complex Renovation to be a
priority project. In February a resolution was adopted authorizing a $7.1M Bond to fund
the Larson Ice Arena and the Bob Shelden renovation projects and additional
infrastructure needs. Staff recommends Council’s approval to proceed with design
services for the Bob Shelden Athletic Complex Renovation Project and bidding. The
anticipated cost of the design services is $300,000. Based on design service cost
estimates, staff will bring forward a menu of improvements at a future meeting for
Council to approve individual items.
Background:
Design services for the Bob Shelden Athletic Field Complex Renovation are necessary
prior to bidding the project. The project is located at 621 Medary Avenue and is
adjacent to the High School campus. The complex is one of the primary amenities in
the Dwiggins-Medary Community Park. The City-owned facility is a dual-purpose
athletic field and hosts youth baseball activities under the auspices of the Brookings
Department of Parks, Recreation, and Forestry. It also hosts sub-varsity football games
for the Brookings School District. Due to its age, the facility and many of its
components are in need of replacement.
Facility Description:
The current Bob Shelden Field Complex was originally constructed in 1968 and includes
a joint use, full-sized natural grass baseball field and a full-sized football field. The
football portion is utilized by the Brookings School District. The entire boundary footprint
of the complex is fenced. The field includes a lighting system installed in 1980,
permanent bleachers installed in 1989, irrigation system installed in 1990, bullpen area,
electronic scoreboard, concrete dugouts, roofed grandstand seating with a press box.
Other buildings within the complex include a ticket booth/utility building and a
maintenance/garage building originally built with the facility in 1968. The concession
stand/restroom building was replaced in 2011. A shared-use parking lot serves the
baseball field complex as well as adjacent youth baseball/softball fields of the Dwiggins-
Medary Complex and the Brookings High School Track Facility.
Discussion:
The highest priority needs of the project are the replacement of:
Lighting
Grandstand
Parking lot
Drainage
The storm water improvements will increase playability of the fields, improve site
drainage throughout and allow maximization of the facility. The design will include bid
alternates for pervious pavement, an inclusive field area and the option for rotating the
west ball field. The project may include optional lighting for the football field, which
would be funded by the Brookings School District if they choose to proceed. The
project design will include providing cost options of different components for the City
Council to consider during the design phase and prior to the bid letting.
A drawing is attached showing a schematic of the athletic complex options. The
proposed timeline begins with design in June, 2019 and construction would be
completed by November, 2020. Staff will need to work with user groups to identify
optimal reconstruction timelines. Staff has previously consulted with user groups in
determining renovation needs.
Legal Consideration:
Staff is recommending utilizing bond proceeds for the project.
Financial Consideration:
The anticipated design cost is $300,000 and would be funded from the bond proceeds.
If this item is approved, staff will issue a Request for Proposals to select a design team
for the project. Final costs would be funded from the remaining $3.1M of bond
proceeds.
The following projects were determined as priority by City Council for remaining bonding
capacity and reserve fund use.
Bob Shelden
Indoor Turf Facility
Sinking Maintenance Fund
Food Bank Redevelopment
Additionally, user groups will be engaged regarding revenue opportunities as funds will
need to be set aside for future maintenance of the facility.
Options:
The City Council has the following options:
1. Approve a motion to proceed with design services for the project.
2. Deny a motion to proceed with design services for the project.
Recommendation:
Staff recommends approving a Motion to proceed with design services for the Bob
Shelden Athletic Complex Renovation Project.
Action Requested:
Approve a Motion to proceed with design services for the Bob Shelden Athletic Complex
Renovation Project.
Supporting Documentation:
1. Drawing
Bob Shelden
$2.7 Stadium
$400k Lights
$300k East Field Flip
$300k Design/Bid
$3.7m Total
No Turf $1.4m
Bid June 2019
Construct Fall 2019-2020
Lights/Parking Lot/Stadium NEED
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 19-045,Version:1
Action on Resolution 19-045, a Resolution authorizing the City Manager to Sign Wetland Functional
Capacity Unit Credits Purchase Contract with North Central Mitigation.
Summary:
This resolution will authorize the City Manager to sign a Wetland Functional Capacity Unit Credits
Purchase Contract with North Central Mitigation as part of the Section 404 Permit with the Corps of
Engineers for the Brookings Marketplace project.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Jurisdictional Wetlands Map
City of Brookings Printed on 6/6/2019Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From:Mike Struck, Community Development Director
Council Meeting:June 11, 2019
Subject:Wetland Functional Capacity Unit Credits Purchase
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Resolution 19-045 authorizes the City Manager to enter into a contract with North
Central Mitigation to purchase Wetland Functional Credit Units for wetlands located on
the Brookings Marketplace property.
Background:
City staff and the consulting engineer have been working with the Corps of Engineers
on a Section 404 Permit for the Brookings Marketplace project located north of 6
th
Street and west of 34th Avenue. The City applied for the permit as there are 2.75 acres
of wetlands impacting development potential in the middle of the site. The 2.75 acres of
wetlands equates to 7.72 acres of Functional Credit Units. A Functional Credit Unit is a
measurement of the quality of the wetland.
A wetland bank was created by North Central Mitigation in the Brookings watershed and
the bank has been approved by the Corps of Engineers to allow mitigation. This project
would purchase 7.72 acres at the purchase price of $96,500 from North Central
Mitigation. The City is proposing to purchase credits from the wetland bank for several
reasons. The Corps of Engineers prefers mitigation is performed by purchasing credits
through a wetland bank that has been established and approved by the Corps. In
addition, the cost of acquiring land and constructing the wetland can be more expensive
than purchasing the credits. Finally, if the City constructs the wetland, a five year
monitoring period is required to ensure the wetland is created properly.
Legal Consideration:
None.
Financial Considerations:
The City would pay $96,500 to North Central Mitigation upon receipt of a 404 Permit.
Options:
The City Council has the following options:
1. Approve as presented
2. Approved with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Approval of Resolution authorizing City Manager to sign agreement.
Supporting Documentation:
Resolution
Resolution 19-045
Resolution Authorizing the City Manager to sign Wetlands Functional
Capacity Unit Credits Purchase Contract with North Central Mitigation
Whereas, the City of Brookings is desirous in obtaining a Section 404 Permit for the
Brookings Marketplace project, application number NOW-2017-0348-PIE; and
Whereas, the U.S. Army Corps of Engineers, Omaha District, will require compensatory
off-site wetland mitigation as part of the project; and
Whereas, the Corps has authorized North Central Mitigation to complete the Mitigation
Requirement; and
Whereas, the North Central Mitigation agrees to sell 7.72 Functional Credit Unit Credits
for the purchase price of $96,500 for the City of Brookings project.
Whereas, the City Council desires to purchase the credits for the development of the
Market Place and will do so out of reserves.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings authorizes
the City Manager to sign the Wetland Functional Capacity Unit Credits Purchase
Contract with North Central Mitigation.
Passed and approved this 11th day of June, 2019.
CITY OF BROOKINGS
____________________________
Keith W. Corbett, Mayor
ATTEST:
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Bonnie Foster, Acting City Clerk