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Home My WebLink About2012_12_18 CC PKT1 Brookings City Council Tuesday, December 18, 2012 5:00 p.m. Executive Session 6:00 p.m. Regular Meeting Brookings City & County Government Center Chambers - Room 310 - 520 Third Street 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 p.m. EXECUTIVE SESSION pursuant to SDCL 1-25-2 (1) for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. Motion to enter executive session – voice vote Motion to leave executive session – voice vote 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items:* A. Action to approve the agenda. B. Action to approve the minutes. C. Action to approve various volunteer appointments. D. Action on Resolution No. 167-12, a Resolution to surplus a payloader. E. Action to purchase payloader off state contract list. F. Action on Resolution No. 168-12, a Resolution updating the City of Brookings Personnel Policy Manual Sections 7.9 Shift Differential, and Section 8.7 Sick Leave. G. Action on Resolution No. 169-12, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2012-14SSI Storm Sewer Improvement Project, VJ Ahlers Excavating, Inc. December 18, 2012 City of Brookings 2 H. Action on Resolution No. 171-12, a Resolution authorizing Closeout on 2011-01 Gateway Project (Phase I) Improvements; Clark Drew Construction, Inc. I. Action to approve an amendment to the Brookings Event Center Agreement City- County Agreement for the County Resource Center use by the Swiftel Center. J. Action on Resolution No. 173-12, a Resolution authorizing a CDBG Payment Request for the Boys & Girls Club of Brookings. K. Action on Resolution No. 183-12, a Resolution Authorizing Change Order No. 2 for 2012-04SSI, Pheasant Nest Detention Pond Project. Action: Motion to Approve, Request Public Comment, Roll Call 5. Items removed from Consent Agenda. Motion to Approve, Request Public Comment, Roll Call *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. Contracts & Change Orders 8. Action on Resolution No. 175-12, a Resolution Awarding Bids on Bel Brands Wastewater Pretreatment Facility Project. Action: Motion to Approve, Request Public Comment, Roll Call 9. Action on Resolution No. 176-12, a Resolution Awarding a Contract on Recycling Carts. Action: Motion to Approve, Request Public Comment, Roll Call 10. Action to approve City Manager Compensation Package for 2013. Action: Motion to Approve, Request Public Comment, Roll Call 11. Action approving contracts Union Contracts: a. Action approving the City General Employee Contract. Action: Motion to Approve, Request Public Comment, Roll Call b. Action approving the City Police Department Employee Contract. Action: Motion to Approve, Request Public Comment, Roll Call 12. Action to approve a Purchase Agreement with Dean Christie for south fire station property. Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 3 13. Action on Resolution No. 180-12, a Resolution for Federal Aid Construction Project Number P-PH 0014(172)418 PCN 01TJ, 6th Street from west of Western Avenue to Main Avenue, Brookings, SD. Action: Motion to Approve, Request Public Comment, Roll Call 14. Action on Resolution No. 181-12, a Resolution Annexing the following property for the airport: Outlots 1A and 2 in the NE ¼ of Section 28-T110N-R50W, and the SW ¼ of the NW ¼, except Sublots A and B of Outlot 1, in Section 27-T110N-R50W. Action: Motion to Approve, Request Public Comment, Roll Call 15. Action on Resolution No. 182-12, a Resolution pertaining to the Procurement of Professional Services for the City of Brookings. Action: Motion to Approve, Request Public Comment, Roll Call 16. Action on Resolution No. 174-12, a Resolution to exchange Federal Surface Transportation Program Funds for State Funds. Action: Motion to Approve, Request Public Comment, Roll Call First Readings** **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Second Readings & Public Hearings 17. Public hearing and action on Ordinance No. 30-12, an Ordinance pertaining to an application for a Conditional Use for a Community Center in the Business B-2A District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 18. TABLED ITEM: Ordinance No. 25-12, an Ordinance amending the Zoning Ordinance pertaining to the Conditional Use Permit process. Action: Motion to remove from table, resume public hearing, roll call 19. Public hearing and action on Ordinance No. 28-12, an Ordinance Revising Article IV and Pertaining to Excavations in the City of Brookings, South Dakota. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 20. Public hearing and action on Ordinance No. 29-12, an Ordinance Prohibiting Littering in the City of Brookings, South Dakota. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 21. Public hearing and action on Ordinance No. 31-12, an Ordinance prohibiting texting (while driving) in the City of Brookings, SD. Action: Open & Close Public Hearing, Motion to Approve, Roll Call December 18, 2012 City of Brookings 4 Other Business 22. City Council member introduction of topics for future discussion. * * Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 23. Adjourn. Brookings City Council Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, Ope Niemeyer Council Staff Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, 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. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org . If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. December 18, 2012 City of Brookings 5 5:00 p.m. EXECUTIVE SESSION Location: Executive Session Room EXECUTIVE SESSION pursuant to SDCL 1-25-2 (1) for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. Action: Motion to enter executive session – voice vote Motion to leave executive session – voice vote December 18, 2012 City of Brookings 6 6:00 pm REGULAR MEETING CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items:* A. Action to approve the agenda. B. Action to approve the minutes. C. Action to approve various volunteer appointments. D. Action on Resolution No. 167-12, a Resolution to surplus a pay loader. E. Action to purchase payloader off state contract list. F. Action on Resolution No. 168-12, a Resolution updating the City of Brookings Personnel Policy Manual Sections 7.9 Shift Differential, and Section 8.7 Sick Leave. G. Action on Resolution No. 169- 12, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2012-14SSI Storm Sewer Improvement Project; VJ Ahlers Excavating, Inc. H. Action on Resolution No. 171-12, a Resolution authorizing Closeout on 2011-01 Gateway Project (Phase I) Improvements; Clark Drew Construction, Inc. I. Action to approve an amendment to the Brookings Event Center Agreement City-County Agreement for the County Resource Center use by the Swiftel Center. J. Action on Resolution No. 173-12, a Resolution authorizing a CDBG Payment Request for the Boys & Girls Club of Brookings. K. Action on Resolution No. 183-12, a Resolution Authorizing Change Order No. 2 for 2012-04SSI, Pheasant Nest Detention Pond Project. *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 7 CONSENT AGENDA #4 B. Action to approve minutes. The draft December 4th Brookings City Council minutes are enclosed for Council review and approval. December 18, 2012 City of Brookings 8 Brookings City Council December 4, 2012 (unapproved) The Brookings City Council held a meeting on Tuesday, December 4, 2012 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Mike McClemans, Ope Niemeyer, Keith Corbett, Jael Thorpe and Tom Bezdichek. Council Member John Kubal was absent. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present. Consent Agenda. Ordinance No. 25-12 was moved up on the agenda. A request from Mike McClemans and National League of Cities Conference reports were added to the agenda. A motion was made by Corbett, seconded by Niemeyer, to approve the consent agenda. A. Action to approve the agenda as amended. B. Action to approve November 13 and November 20 Council meeting minutes. C. Action on Resolution No. 150-12, a Resolution declaring meeting dais surplus. Resolution No. 150-12 - Resolution to declare old City County Dais as Surplus Property Whereas, the City of Brookings has renovated old City Hall for the operation of the Police Department to expand its operations; and Whereas, the City of Brookings and the Police Department no longer have use for the old council dais located in the newly renovated Public Safety Center; and Whereas in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13 D. Action on Resolution No. 151-12, a Resolution authorizing check write-off for the Brookings Municipal Liquor Store. Resolution No. 151-12 - Uncollectible Checks Removed From Liquor Store Records Whereas, The Brookings Municipal Liquor Store has received a total amount of $883.91 in insufficient funds and no account checks; and Whereas, these checks and bills have been processed for collection with the States Attorney and Sheriff’s Office and have been considered uncollectible; Now, Therefore Be It Resolved that the checks totaling $883.91 for the Liquor Store be determined as uncollectible and removed from the records. Such checks will be retained by the State’s Attorney Office to support possible subsequent collection of that debt. E. Action on Resolution No. 152-12, a Resolution amending various fees for the City of Brookings. Resolution No. 152-12 December 18, 2012 City of Brookings 9 A Resolution Revising Fees of the City of Brookings, South Dakota Whereas the fines, fees, and procedures pertaining to services of the City of Brookings shall be reviewed and revised; and Whereas the license fees has been established by various chapters of the Code of Ordinances, The City Clerk license fees shall be revised; and Whereas weed removal, grass mowed, and line clearance removal is required under Section 62-90, of the Code of Ordinances, the Parks and Forestry Department service fees shall be revised; and Whereas street and sidewalk snow removal is required under Section 74-212, Article 5 of Chapter 74, of the Code of Ordinances, the Parks Department service fees shall be revised; and Whereas the Engineer Department building permit fees required under service fees shall be adopted, under Section 22-35, Article II of Chapter 22 of the Code of Ordinances, shall be revised; and Whereas planning and zoning application fees required under Section 66-3 of Chapter 66, of the Code of Ordinances, the Community Development Department fees shall be revised; and Whereas the application fees for sign permits required under Chapter 94, of the Code of Ordinances, the Community Development Departments fees shall be revised; and Whereas the investigation fee for violation of code under Chapter 94, of the Code of Ordinances, the Community Development Department fees shall be revised; and Whereas the Airport Board is recommending fees, the fees shall be revised; and Whereas the Code of Ordinances under Section 34, requires inspections and plan reviews by the Fire Department, and reports of fires are provided, the Fire Department Fees shall be revised; and Whereas the Police Department assign officers and cars to escort the moving of structures within the City and provide accident reports the Police Departments fee shall be revised; and Whereas the Library Board is recommending fees, the fees shall be revised; and Whereas the standardized fee for black and white copies is $.50, color copies $1.00 for all departments. December 18, 2012 City of Brookings 10 Therefore Be It Resolved that the fees be adopted and become effective January 1, 2013 as follows: City Clerk: Circuses, carnivals – each circus per day $75.00; each carnival or similar exhibition, per day $25.00. Commercial Garbage Haulers – original license $50.00; $each annual renewal $25.00. House Movers – per year $50.00. Pawnbrokers – per year $50.00. Plumbing Contractor – original license $50.00; each annual renewal $25.00. Vehicles for Hire – first taxicab, or other vehicle for hire per year $25.00; each additional vehicle operated by the same person per year $10.00. Vehicle for hire drivers per year $15.00. Going Out Of Business Sales – initial license $25.00; 30-day renewal license $25.00. Transient Merchants – per month or part thereof $100.00. DVD or CD - $5.00 per disk. Parks & Forestry Department: Weed Control, plus contractor cost, $65.00. Mowing – 1st hour $150.00; each additional hour or fraction $85.00; each additional hour large area $125.00. Sidewalk Snow Removal 1st Offense – per hour per piece of equipment, 1 hour minimum $125.00. Sidewalk Snow Removal 2nd Offense – per hour per piece of equipment, 1 hour minimum $175.00. DED Removal / BMU Line Clearance: Aerial Bucket plus employee wage $150.00; Loader plus employee wage $125.00; Trucks plus employee wage $85.00; Chipper plus employee wage $85.00; Chainsaw / Misc. Equipment plus employee wage $65.00. Brookings Street Department: Sign Repairs (traffic accidents, vandalistm) – replacement cost, plus labor, sales tax and excise tax. Street Repairs – replacement cost for materials. Brookings City Engineer’s Department: Residential Building Permit Fees: The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Dwellings: Single-family dwellings, duplexes townhouses. Finished habitable space per square foot $65.00; Finished basements per square foot $24.00; Unfinished space (basement and upper levels) per square foot $18.00; Attached garages per square foot $20.00; Detached garages per square foot $18.00. Building Permit Fee Schedule – Group R-3 and U Occupancies Only. $1.00-$1,200.00 total valuation, fee of $20.00; $1,200.01-$2,000.00 total valuation, fee of $10.00 for the first $500 plus $1.50 for each additional $100 or fraction thereof, to and including $2,000, for valuations in excess of $1,100; $2,000.01-$25,000.00 total valuation, fee of $32.50 for the first $2,000 plus $6.00 for each additional $1,000 or fraction thereof, to and including $25,000; $25,000.01- $50,000.00 total valuation, fee of $170.50 for the first $25,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $50,000; $50,000.01-$100,000.00 total valuation, fee of $283.00 for the first $50,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $100,000; $100,000.01 and up total valuation, fee of $433.00 for the first $100,000 plus $2.50 for each additional $1,000 or fraction thereof. Commercial Building Permit Fee Schedule: Groups A, B, E, F, H, I, M, S, Group R Division 1’s and Division 2’s (including Group U’s accessory to the R-1 and R-2 occupancies). $1-$700.00 December 18, 2012 City of Brookings 11 total valuation, fee of $20.00; $700.01-$2,000.00 total valuation, fee for values in excess of $700.00, $15.00 for the first $500.00, plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00; $2,000.01-$25,000 total valuation, fee of $45.00 for the first $2,000 plus $9.00 for each additional $1,000 or fraction thereof, to and including $25,000; $25,000.01-$50,000.00 total valuation, fee of $252.00 for the first $25,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $50,000; $50,000.01- $100,000.00 total valuation, fee of $414.50 for the first $50,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000; $100,000.01-$500,000.00 total valuation, fee of $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00; $500,000.01-$1,000,000.00 total valuation, fee of $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00; $1,000,000.00 and up total valuation, fee of $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. Other Inspections and Fees: Inspections outside normal business hours, per hour (minimum charge of one hour) $45.00; Inspection for which no fee is specifically indicated per hour (minimum charge of ½ hour) $45.00; Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour $45.00; Driveway, demolition, window replacement and other minor construction per permit $25.00; Inspection fees assessed for moving of house $200.00. Brookings Community Development Department. Planning and Zoning: Change of Zone $250.00; Planned Development District $250.00; Final Development Plan $100.00; Major Amendment $250.00; Minor Amendment $100.00; Board of Adjustment $125.00; Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre $175.00; Final Plats $160.00; Vacation $150.00; 1-1R Site Plan $150.00; Conditional Use $200.00; Zoning & use Registration Permit $60.00; Rental License – per structure plus $2.00 for each dwelling unit $20.00; Tax Increment Financing Application $1,000.00. Permanent Signs: (measurements are done in square foot) from 0’ to less than 30’, $25.00; from 30’ to less than 60’, $30.00; from 60’ to less than 90’, $35.00; from 90’ to less than 120’, $40.00; from 120’ to less than 150’, $45.00; from 150’ to less than 180’, $50.00; from 180’ to less than 210’, $55.00; from 210’ to less than 240’, $60.00; from 240’ to less than 270’, $65.00; from 270’ to less than 300’, $70.00; from 300’ to less than 330’, $75.00; from 330’ to less than 360’, $80.00; from 360’ to less than 390’, $85.00; from 390’ to less than 420’, $90.00; from 420’ to less than 450’, $95.00; from 450’ to less than 480’, $100.00; from 480’ to less than 510’, $105.00; from 510’ to less than 540’, $110.00; from 540’ or more, $115.00; non permanent signs, $15.00; portable signs, per week, $15.00; portable signs, per month (Maximum permit period shall not carry over from one permit period to the next.), $45.00; Banner signs, exempt. Code Enforcement: Code Enforcement Investigation per hour (1 hour minimum), $45.00 Industrial Lands: Crop Land Lease, based on bid. December 18, 2012 City of Brookings 12 Airport Fees: Land Lease per square foot, $.11; FBO Fuel Flowage per gallon, $0.06; Other Fuel Flowage per gallon, $0.06; Crop Land Lease, based on bid; Tie Down Fee, per week for tie downs 11 days or longer from April 14 to October 14, $25.00; Hangar Application Fee, $25.00. Brookings City Fire Department: Fire Protection Systems Fees: Fire Sprinkler Systems, $75.00 plus $.45 per sprinkler head; Retrofitted Fire Sprinkler Systems, $75.00 plus $.45 per sprinkler head; Kitchen Hood Extinguishing Systems, $90.00; Kitchen Hood Extinguishing System Modification, $45.00; Clean Agent or other total Flooding System per square foot of covered area, $.20; Fire Alarm Systems, $75.00 plus $.45 each initiation and signaling device; Fire Alarm System Modifications, $37.50 plus $.45 each initiation and signaling device; False Fire Alarm Calls when trucks roll, $0.00 first call, $50.00 second call, $100.00 third call. Flammable and Combustible Liquids Fees: Flammable and Combustible Liquids, $90.00; Flammable and Combustible Liquids Modifications, $45.00. Site Plan Review: Site Plan Review per hour (one hour minimum), $45.00; Inspections outside of normal business hours, per hour (two hour minimum), $45.00; Re-inspection, per hour (one hour minimum), $45.00; Fire Incident Reports, $10.00. Library Fees: Out of County Library Card – per individual, $32.00; per family, $42.00; Fax, sent or received, per page, $2.25; Fines, per day books, $.10; Fines, per day DVD/VHS, $1.00; Process Fee, lost material, per item, $5.00. Police Department Fees: Moving of Structure - per unit (officer and patrol car), 2 hour minimum per unit, $50.00; Accident Reports – per report, $5.00; per picture, $4.00. F. Action on Resolution 153-12, a Resolution amending the City of Brookings Governance and Ends Policies on Financial Stability. Resolution No. 153-12 - A Resolution Amending the City of Brookings Governance and Ends Policy, Financial Stability Whereas, the Brookings City of Brookings has adopted Governance and Ends Policies; and Whereas, the Policy 1, Financial Stability, Guideline C, establishes and maintains reservations of Fund Balance in accordance with Governmental Accounting and Financial Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions; and Now, Therefore Be It Resolved that “Section a. Fiscal Stabilization Arrangement” shall read as follows: a. Fiscal Stabilization Arrangement: A minimum of 10 percent of the General Fund beginning adopted appropriations (expenditure budget) should be incrementally established and maintained for use in meeting unanticipated needs and/or emergencies. I. Use of Stabilization Fund Balance: The amount shall be used only after all efforts have been exhausted to fund unanticipated needs and/or emergencies such as an urgent event that affects the safety of the Citizens of the City of Brookings, City of Brookings Employees, December 18, 2012 City of Brookings 13 and Brookings Students. The urgent event could be a blizzard, tornado, fire, flood, terrorist attack, bombing, explosions, train derailments, straight-line winds/severe thunderstorm, hazardous materials incident, water contamination, failure of electrical grid, mass casualty/fatality or health epidemic. Once the City Manager or his/her designee has determined that it is necessary to draw down fund balance, written communication should be provided by the City Manager to the City Council, explaining the nature of the unanticipated need and/or emergency and requires approval by a two-thirds vote of the Council. The Stabilization Fund Balance may not be used for more than two consecutive years. G. Action on Resolution 154-12, a Resolution extending the agreement between the City of Brookings and Northwestern Corporation for sixty days. Resolution No. 154-12 - Resolution to Extend Northwestern Public Service Company Agreement Whereas, The City of Brookings adopted Ordinance No. 29-92 on December 15, 1992, granting to Northwestern Public Service Company, its successors and assigns, the right to occupy any of the streets, alleys, or public places of the City of Brookings, South Dakota, for the purpose of transmitting or distributing natural gas; and Whereas, the term of Ordinance No. 29-92 was granted for a period of twenty years from the 15th day of December, 1992; and Whereas, the terms of the renewal ordinance are under negotiation and will not be finalized before the expiration date of Ordinance No. 29-92 on December 15, 2012. Therefore be it resolved, that the expiration date of Ordinance No. 29-92 be extended for 60 days. H. Action on Resolution No. 155-12, a Resolution canceling certain outstanding checks. Resolution No. 155-12 - Cancelling Certain Outstanding Checks Whereas, the City of Brookings, has issued checks that have been outstanding for more than six (6) months; Now, Therefore, Be It Resolved that the following amounts be canceled and the proper funds be credited: 1/11/12 Ivy Gunn $10.00; 5/2/12 Paul Carrol $15.00. I. Action on Resolution No. 156-12, a Resolution Authorizing Closeout on Dakota Nature Park, Phase I (Fisheries Improvements) Construction; Rounds Construction, Inc. Resolution No. 156-12 - A Resolution Authorizing Closeout on Dakota Nature Park, Phase I (Fisheries Improvements) Construction; Rounds Construction, Inc. Be It Resolved by the City Council that the following be allowed for Phase I Construction (Fisheries Improvements) at Dakota Nature Park with Rounds Construction, Inc: Construction Closeout on Phase I Construction at Dakota Nature Park. There are no further adjusted bid quantities for this phase of the project. J. Acton on Resolution No. 157-12, a Resolution authorizing Change Order No. 2 for 2011- 02BLD Swiftel Center Storage Addition Project for Daniels Residential, Inc. December 18, 2012 City of Brookings 14 Resolution No. 157-12 - Resolution Authorizing Change Order No. 2 for 2011-02BLD Swiftel Center Storage Addition Project; Daniels Residential, Inc. Be it Resolved by the City Council that the following change order be allowed for 2011- 02BLD Swiftel Center Storage Addition Project: Construction Change Order Number 2, Adjust the contract price for an increase of $2454.54 to the contract. K. Action on Resolution No. 158-12, a Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2012-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc. Resolution No. 158-12 - A Resolution Authorizing Change Order No. 1 (CCO#1 Final) For 2012-08STI Street Maintenance and Overlay Project; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2012-08STI Street Maintenance and Overlay Project: Construction Change Order Number 1 Final. Adjust estimated bid quantities to “as-built” quantities for a total decrease of $40,694.18 to close out the project and extend completion date by one working day. L. Action on Resolution No. 159-12, a Resolution Authorizing Change Order No. 4 (CCO#4 Final) for 2012-09STI 25th Avenue and 10th Street Project; Bowes Construction, Inc. Resolution No. 159-12 - Resolution Authorizing Change Order No. 4 (CCO#4 Final) for 2012-09STI 25th Avenue and 10th Street Construction Project Be It Resolved by the City Council that the following change order be allowed for 2012-09STI 25th Avenue and 10th Street Construction Project: Construction Change Order Number 4 (Final): Adjust plan quantities to as-built quantities to final out the project for a total increase of $903.00 to the contract. On the motion, all present voted yes; motion carried. Ordinance No. 25-12. A motion was made by Bezdichek, seconded by Thorpe, to remove Ordinance No. 25-12, an Ordinance amending the Zoning Ordinance pertaining to the Conditional Use Permit process, from the table. All present voted yes; motion carried. A motion was made by McClemans, seconded by Corbett, to table to December 18th. All present voted yes; except Thorpe voted no, motion carried. Resolution No. 160-12. A motion was made by Corbett, seconded by Bezdichek, to approve Resolution No. 160-12, a Resolution authorizing Change Order No. 1 for the City of Brookings Public Safety Center Renovation Project; Mark Luke Construction. All present voted yes; motion carried. Resolution No. 160-12 - Resolution Authorizing Change Order No. 1 for the City of Brookings Public Safety Center Renovation Project; Mark Luke Construction Be It Resolved by the City Council that the following change order be allowed for the City of Brookings Public Safety Center Project: Construction Change Order Number 1 Adjust contract for additional work of replacement of leaking gate valves, acoustical work in the CID, demolition to bathroom ceiling for HVAC access, and repair of water damaged walls in old City Hall for a total increase of $10.184.15 to the contract. December 18, 2012 City of Brookings 15 Resolution No. 161-12. A motion was made by Thorpe, seconded by Niemeyer, to approve Resolution No. 161-12, a Resolution authorizing Change Order No. 2 for the City of Brookings Public Safety Center Renovation Project; Mark Luke Construction. All present voted yes; motion carried. Resolution No. 161-12 - Resolution Authorizing Change Order No. 2 for the City of Brookings Public Safety Center Renovation Project; Mark Luke Construction Be It Resolved by the City Council that the following change order be allowed for the City of Brookings Public Safety Center Project: Construction Change Order Number 2. Adjust contract for additional work of replacement of leaking gate valves in basement, replacing pneumatic valves in basement for electrical, removal of VCT tile for carpet installation in basement, remove existing sound panels in old interview rooms, remove old existing carpet in Dispatch walls, and additional cost of the Public Safety Center exterior signage for an additional increase of $13,702.91 to the contract. Resolution No. 162-12. A motion was made by Niemeyer, seconded by McClemans, to approve Resolution No. 162-12, a Resolution authorizing Change Order No. 1 for 2011-02BLD Swiftel Center Storage Addition Project; Daniels Residential, Inc. All present voted yes; motion carried. Resolution No. 162-12 - Resolution Authorizing Change Order No. 1 for 2011-02BLD Swiftel Center Storage Addition Project; Daniels Residential, Inc. Be it Resolved by the City Council that the following change order be allowed for 2011-02BLD Swiftel Center Storage Addition Project: Construction Change Order Number 1, Adjust the contract price for an increase of $7696.01 to the contract. Resolution No. 163-12. A motion was made by Corbett, seconded by McClemans, to approve Resolution No. 163-12, a Resolution Awarding Bids on City of Brookings Custodial Services. All present voted yes; motion carried. Resolution No. 163-12 - Resolution Awarding Bids on City of Brookings Custodial Services Whereas, the City of Brookings opened bids for Custodial Services on Tuesday, November 27, 2012 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids: Johnson ProClean, Volga, SD: Library - $1,600.00/month, Public Safety Center - $1,200.00/month and R & T Center - $600.00/month; Carol Jung, Brookings, SD: Library - $1,636.25/month, no bids on Public Safety Center or R & T Center; J & T Cleaning, Brookings, SD: Library - $2,500.00/month, Public Safety Center - $2,800.00/month and R & T Center - $1,100.00/month; Kaijay C-1, Maricopa, AZ: Library - $3,699.78/month, Public Safety Center - $2,298.87/month and R & T Center - $611.32/month. December 18, 2012 City of Brookings 16 Now Therefore, Be It Resolved that the low bids of Johnson ProClean, Volga, SD for $1,600.00/month for the Library, $1,200.00/month for the Public Safety Center and $600.00/month for the Research & Technology Center be accepted. First Reading: Ordinance No. 28-12. A first reading was held on Ordinance No. 28-12, an Ordinance revising Article IV and pertaining to Excavations in the City of Brookings, SD. Public Hearing: December 18, 2012. First Reading: Ordinance No. 29-12. A first reading was held on Ordinance No. 29-12, an Ordinance prohibiting littering in the City of Brookings, SD. Public Hearing: December 18, 2012. First Reading: Ordinance No. 30-12. A first reading was held on Ordinance No. 30-12, an Ordinance pertaining to an Application for a Conditional Use for a Community Center in the Business B-2A District. Public Hearing: December 18, 2012. First Reading: Ordinance No. 31-12. A first reading was held on Ordinance No. 31-12, an Ordinance prohibiting texting (while driving) in the City of Brookings, SD. Public Hearing: December 18, 2012. Ordinance No. 27-12. A public hearing and action was held on Ordinance No. 27-12: Budget Amendment #4, an Ordinance authorizing a Supplemental Appropriation to the 2012 Budget for the purpose of providing for additional funds for the operation of the City. A motion was made by Corbett, seconded by Thorpe, to approve Ordinance No. 27-12. All present voted yes; motion carried. Liquor & Wine License Renewals. A public hearing and action was held on the following annual Liquor and Wine Alcohol License Renewals: Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale): Fireside Inc., 2515 E. 6th St.; Applebee’s/Porter Apple Co. B Inc., 3001 LeFevre Dr.; BraVo’s Inc., 610 Medary Ave.; Brownstone Restaurant & Lounge, 313 Main Ave.; Buffalo Wild Wings Bar & Grill, 1721 6th St.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; BPO Elks/ Brookings Lodge #1490, 516 4th St.; Jim’s Tap, 309 Main Ave.; Half Pint Enterprise Inc / Lantern Lounge, 303 3rd St.; 9 Bar Nightclub (Nine Inc.), 303 Main Ave.; Old Market Eatery, LLC, 424 5th St.; Park Hospitality, Inc., 2500 6th St.; Pheasant Café & Lounge, 726 Main Ave. So.; Prairie Lanes Inc., 722 Western Ave.; Ram & O’Hare’s Ent LLC/The Ram, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub Inc., 300 Main Ave.; B&L Sullivan Inc./Sully’s Irish Pub, 421 Main Ave.; GEO Dokken Post 2118/VFW, 520 Main Ave. Restaurant (On-Sale): Whiskey Creek Wood Fire Grill/Brookings Steak Co. LLC, 621 32nd Ave. Wine (On-Off Sale): Aramark / McCrory Gardens Visitors Center, 6th St. & 22nd Ave.; BraVo’s Inc., 610 Medary Ave.; Brookings Municipal Liquor Store, 780 22nd Ave. So.; CHS, Inc. / Zip Trip #63, 1005 6th St.; CHS, Inc./Zip Trip #64, 3045 LeFevre Dr. ; Cottonwood Coffee Inc., 1710 6th St.; Guadalajara, 1715 6th St., Suite F; Hy-Vee Food Store, 700 22nd Ave.; Old Sanctuary, 928 4th St.; Pheasant Café & Lounge, 726 Main Ave. So.; Rian Corp./Italian Garden, 1300 Main Ave. So.; Sake, Inc., 724 22nd December 18, 2012 City of Brookings 17 Ave. So.; Schoon’s Pump N’ Pak South, 1205 Main Ave. So.; Skinner’s Pub Inc., 300 Main Ave.; Swiftel Center, 824 32nd Ave.; Wal-Mart Supercenter #1538, 2233 6th St. All present voted yes; except Thorpe abstained; motion carried. Resolution No. 164-12. A motion was made by McClemans, seconded by Niemeyer, to approve Resolution No. 164-12, a Resolution authorizing the City Manager to enter into a Wine Operating Agreement for the Blizzard, LLC, 924 32nd Ave., Brookings, SD (legal description: Blocks 6-7, Wiese Addition). All present voted yes; motion carried. Resolution No. 164-12 - Blizzard, LLC Wine Operating Agreement 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 wine between the City of Brookings and Blizzard, LLC, 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 924 32nd Ave. 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 4th day of December, 2012. Resolution No. 165-12. A motion was made by Corbett, seconded by McClemans, to approve Resolution No. 165-12, a Resolution approving a Special Assessment for Weed Cutting, Tree Removal, Debris Removal, and Snow Removal. All present voted yes; motion carried. Resolution No. 165-12 - Levy Assessment for Weed Cutting, Tree Removal, Debris Removal and Snow Removal Whereas, the City Manager has submitted to the City Council Special Assessments against the owner and legal description listed below as hereinafter set out for the cutting of weeds, tree removal, debris removal, and snow removal; Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-30-5 as follows: Scott Hult, 203 8th St. W., snow removal in the amount of $145.00; Joshua Dubro, 1615 Main Ave. So., tree removal/Dutch Elm Disease in the amount of $1,407.26; and Daniel Stormo, 419 5th Ave. So., tree removal/Dutch Elm Disease in the amount of $1,617.87. Resolution No. 166-12. A motion was made by Corbett, seconded by Thorpe, to approve Resolution No. 166-12, a Resolution relating to the improvement of the Wastewater Collection System and Treatment Facilities; Authorizing and directing the issuance and sale of a Revenue Bond to pay the cost of said improvements; Defining the terms and manner of payment of the Bond and the security thereof and approving the form of Loan Agreement. All present voted yes; motion carried. Resolution No. 166-12 - Resolution relating to the improvement of the Wastewater Collection System and Treatment Facilities; Authorizing and directing the issuance and sale of a Revenue December 18, 2012 City of Brookings 18 Bond to pay the cost of said improvements; Defining the terms and manner of payment of the bond and the security thereof and approving the form of Loan Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS: SECTION 1. AUTHORIZATION AND FINDINGS. 1.01. The City of Brookings, South Dakota (the Issuer), operating through Brookings Municipal Utility (BMU), currently operates a wastewater collection system and wastewater treatment facilities (collectively, the Utility), for municipal, industrial and domestic purposes. 1.02. The Issuer is authorized to borrow money and issue its revenue bonds under South Dakota Codified Laws, Chapters 9-40 (the Act) and 6-8B, in order to finance a portion of the cost of improvements to the Utility, consisting of upgrades to the Utility’s wastewater treatment plant and collection system and related improvements (the Improvements). The Issuer is authorized to issue its obligations in order to defray the cost thereof, and to make all pledges, covenants and agreements authorized by law for the protection of the holders of the obligations, including, without limitation, those covenants set forth in SDCL, Sections 9-40-16 and 9-40-17. The obligations are payable from the Net Revenues of the Improvements, as defined in 2.03 hereof. 1.03. BMU has, by resolution, covenanted and agreed to adopt and maintain special rates or surcharges for the Improvements, in order to produce revenues to be pledged, segregated and used for the operation and maintenance of the Improvements and payment of the revenue bonds 1.04. The execution and delivery of the Revenue Obligation Loan Agreement between South Dakota Conservancy District (the District) and the Issuer (the Loan Agreement), the form of which has been submitted to this Council, and the pledging of the loan payments thereunder for the security of the State Revolving Fund revenue bonds of the Issuer, the interest thereon, and the Administrative Expense Surcharge shall be, and they are, in all respects, hereby authorized, approved and confirmed, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content submitted to this Council, with such changes that are not substantive as the Attorney for the Issuer deems appropriate and approves, for and on behalf of the Issuer. The Mayor and City Clerk are hereby further authorized and directed to implement and perform the covenants and obligations of the Issuer as set forth in or required by the Loan Agreement. 1.05. The issuance of a revenue bond of the Issuer of not more than $30,600,000 principal amount (the Bond) is hereby authorized, approved and confirmed, and the Mayor, City Clerk and other appropriate officials of the Issuer shall be authorized to execute and deliver the Bond to the District, for and on behalf of the Issuer, upon receipt of the purchase price and to apply the proceeds thereof in the manner provided for in the Loan Agreement. The Finance Manager is hereby authorized to approve the final terms of the Bond, and execution and delivery of the Bond by the Mayor and City Clerk shall evidence such approval. The terms of the Bond, as so executed and delivered, shall be deemed to be incorporated herein by reference. December 18, 2012 City of Brookings 19 SECTION 2. FUNDS AND ACCOUNTS. For the purpose of application and proper allocation of the income of the Improvements and to secure the payment of principal, interest, and Administrative Expense Surcharge on the Bond, the following funds and accounts shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Bond: 2.01. Pledge of Revenues of the Improvements. The Net Revenues of the Improvements shall be pledged and appropriated to the payment of the Bond as set forth in the resolution adopted by BMU. 2.02. Wastewater Fund; Bond Proceeds and Revenues Pledged and Appropriated. A fund designated as the Wastewater Fund (the Fund) has been established and shall be maintained as a separate and special bookkeeping account on the official books of the Issuer until the Bond and any additional bonds (together referred to as the Bonds) payable from the Net Revenues of the Improvements, as provided in Sections 3.02 through 3.04 hereof and interest, Administrative Expense Surcharge and redemption premiums due thereon have been fully paid, or the Issuer’s obligation with reference to the Bond has been discharged as provided in this Resolution. All proceeds of the Bond and all other funds hereafter received or appropriated for purposes of the Improvements are appropriated to the Fund. All gross revenues derived from the operation of the Improvements are irrevocably pledged and appropriated and shall be credited to the Fund as received. As described in Section 3.04 hereof, BMU shall impose a separate surcharge for the availability, benefit and use of the Improvements as part of the Utility and shall aggregate the gross revenues derived from such surcharge and the Improvements, together with the expenses of operation and maintenance of the Improvements and the City shall account for them as provided in this Resolution; except as expressly stated in this Resolution, the pledges, appropriations, covenants and agreements of the City and the Accounts established within the Fund by the Resolution apply only to the Improvements, its operations, revenues and expenses. The City finds that acquisition and construction of the Improvements will benefit all present and future users of the Utility, therefore the surcharge described in Section 3.04 shall be imposed on all current and future users of the Utility. Such gross revenues shall include all gross income and receipts from rates and charges imposed for the availability, benefit and use of the Improvements as now constituted and of all replacements and improvements thereof and additions thereto, and from penalties and interest thereon, and from any sales of property acquired for the Improvements and all income received from the investment of such gross revenues; but not any taxes levied or amounts borrowed or received as grants for construction of any part of the Improvements. The Fund shall be subdivided into separate accounts as designated and described in Sections 2.03 to 2.07, to segregate income and expenses received, paid and accrued for the respective purposes described in those sections. The gross revenues received in the Fund shall be apportioned monthly or as soon as possible after the first day of each month, commencing the first calendar month following the delivery of the Bond, which apportionment is hereinafter referred to as the “monthly apportionment.” The surcharge is divided into two components: a debt retirement component (the “Debt Service Surcharge”), and an operation and maintenance component (the “O&M Surcharge”). December 18, 2012 City of Brookings 20 2.03. Construction Account. The Construction Account shall be used only to pay as incurred and allowed costs which under generally accepted accounting principles are capital costs of the Improvements, and of such future reconstructions, improvements, betterments or extensions of the Improvements as may be authorized in accordance with law; including but not limited to payments due for work and materials performed and delivered under construction contracts, architectural, engineering, inspection, supervision, fiscal and legal expenses, the cost of lands and easements, interest accruing on the Bond during the first year following the date of its delivery, if and to the extent that the Revenue Bond Account is not sufficient for payment of such interest, reimbursement of any advances made from other Issuer funds, and all other expenses incurred in connection with the construction and financing of any such undertaking. To the Construction Account shall be credited as received all proceeds of the Bond, all other funds appropriated by the Issuer for the Improvements, and all income received from the investment of the Construction Account. 2.04. Operating Account. On each monthly apportionment there shall first be set aside and credited to the Operating Account, as a first charge on the gross revenues derived from the O&M Surcharge, such amount as may be required over and above the balance then held in the Operating Account to pay the reasonable and necessary operating expenses of the Improvements which are then due and payable, or are to be paid prior to the next monthly apportionment. The term “operating expenses” shall mean the current expenses, paid or accrued, of operation, maintenance and current repair of the Improvements, calculated in accordance with generally accepted accounting principles, and shall include, without limitation, administrative expenses of the Issuer relating solely to the Improvements, premiums for insurance on the properties thereof, labor and the cost of materials and supplies used for current operation and for maintenance, and charges for the accumulation of appropriate reserves for current expenses which are not recurrent monthly but may reasonably be expected to be incurred in accordance with generally accepted accounting principles. Such operating expenses shall not include any allowance for depreciation or renewals or replacements of capital assets of the Improvements and shall not include any portion of the salaries or wages paid to any officer or employee of the Issuer, except such portion as shall represent reasonable compensation for the performance of duties necessary to the operation of the Improvements, nor any amount properly payable from any other account of the Fund. The Net Revenues of the Improvements, as referred to in this Resolution, are hereby defined to include the entire amount of such gross revenues remaining after each such monthly apportionment, after crediting to the Operating Account the amount required hereby, including sums required to maintain an operating reserve equal to one month’s estimated operating expenses, plus the gross revenues derived from the Debt Service Surcharge. 2.05. Revenue Bond Account. Upon each monthly apportionment there shall be set aside and credited to the Revenue Bond Account, out of the Net Revenues of the Improvements, an amount equal to one-third of the total sum of the principal, interest, and Administrative Expense Surcharge to become due on the Bond on the next succeeding Loan Payment Date (as defined in the Bond). Moneys from time to time held in the Revenue Bond Account shall be December 18, 2012 City of Brookings 21 disbursed only to meet payments of principal and interest on the Bond as such payments become due; provided, that on any date when the outstanding Bond is due or prepayable by its terms, if the amount then on hand in the Revenue Bond Account is sufficient, with other moneys available for the purpose, to pay the Bond and the interest accrued thereon in full, it may be used for that purpose. If any payment of principal, interest, or Administrative Expense Surcharge becomes due when moneys in the Revenue Bond Account are temporarily insufficient, such payment shall be advanced out of any Net Revenues theretofore segregated and then on hand in the Replacement and Depreciation Account or the Surplus Account. In the event that sufficient moneys are not available from the aforementioned sources the Issuer, to the extent it may, at the time legally do so, may, but shall not be required to, temporarily advance moneys to the Revenue Bond Account from other revenues of the Improvements or from other funds of the Issuer on hand and legally available for the purpose, but any such advance shall be repaid from Net Revenues of the Improvements within 24 months. 2.06. Replacement and Depreciation Account. There shall next be set aside and credited, upon each monthly apportionment, to the Replacement and Depreciation Account such portion of the Net Revenues, in excess of the current requirements of the Revenue Bond Account (which portion of the Net Revenues is referred to herein as Surplus Net Revenues), as BMU shall determine to be required for the accumulation of a reasonable reserve for renewal of worn out, obsolete or damaged properties and equipment of the Improvements. Moneys in this account shall be used only for the purposes above stated or, if so directed by BMU, to redeem Bonds which are prepayable according to their terms, to pay principal, interest, and Administrative Expense Surcharge when due thereon as required in Section 2.05 hereof, or to pay the cost of improvements to the Improvements; provided, that in the event that the Issuer shall hereafter issue bonds for the purpose of financing the construction and installation of additional improvements or additions to the Improvements, but which additional bonds cannot, upon the terms and conditions provided in Section 3, be made payable from the Revenue Bond Account, Surplus Net Revenues from time to time received may be segregated and paid into one or more separate and additional accounts for the payment of such bonds and interest thereon, in advance of payments required to be made into the Replacement and Depreciation Account. 2.07. Surplus Account. Any amount of the Surplus Net Revenues from time to time remaining after the above required applications thereof shall be credited to the Surplus Account, and the moneys from time to time in that account, when not required to restore a current deficiency in the Revenue Bond Account as provided in Section 2.05 hereof, may be used for any of the following purposes and not otherwise: (a) to redeem and prepay principal of the Bond when and as such principal becomes prepayable according to its terms; (b) if the balances in the Revenue Bond Account and the Replacement and Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made therefrom prior to the end of the current fiscal year, then; (i) to pay for repairs or for the construction and installation of improvements or additions to the Improvements; December 18, 2012 City of Brookings 22 (ii) to be held as a reserve for redemption and prepayment of principal of the Bond which is not then but will later be prepayable according to its terms; (iii) with the written consent of the District, transferred to one or more specified funds of the Issuer. No moneys shall at any time be transferred from the Surplus Account or any other account of the Fund to any other fund of the Issuer, nor shall such moneys at any time be invested in warrants, special improvement bonds or other obligations payable from other funds, except as provided in this section. 2.08. Deposit and Investment of Funds. The Finance Manager shall cause all moneys pertaining to the Fund to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of Chapter 4-6A, South Dakota Codified Laws, in a deposit account or accounts, which shall be maintained so long as any of the Bonds and the interest thereon shall remain unpaid. The deposit and investment of all moneys pertaining to the Fund must, on the books and records of the Issuer, be maintained separate and apart from all other funds of the Issuer. Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits. No moneys shall at any time be withdrawn from such deposit accounts except for the purposes of the Fund as authorized in this Resolution; except that moneys from time to time on hand in the Fund may at any time, in the discretion of the City Council, be invested in securities permitted by the provisions of South Dakota Codified Laws, Section 4-5-6; provided, that the Replacement and Depreciation Account may be invested in such securities maturing not later than ten years from the date of the investment. Income received from the deposit or investment of moneys shall be credited to the account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys in that account. The investment of the moneys on deposit in the Revenue Bond Account is further restricted by the provisions of Section 6.01 hereof. Deposits and securities described in this Section shall constitute “Qualified Investments.” 2.09. Additional Revenues or Collateral. The Issuer reserves the right at any time to pledge additional moneys, revenues or collateral as security for the Bond and any additional bonds. Such pledge shall not be effective unless and until the Issuer receives, and provides to the bond registrar an opinion of, nationally recognized bond counsel stating that such pledge will not adversely affect the validity or tax exemption of the Bond and any additional bonds then outstanding. 2.10. Appropriation of Other Moneys. The Issuer reserves the right in any year while the Bond is outstanding to appropriate from moneys on hand and legally available for such purpose in its cash reserve accounts such amounts as this Council may specify and direct that such amounts be used to pay principal, interest, and Administrative Expense Surcharge on the Bond. Any such appropriation shall reduce the obligation of the Issuer to impose rates and charges under Section 3.04 hereof. December 18, 2012 City of Brookings 23 2.11. Statutory Mortgage. The Issuer covenants and agrees that pursuant to SDCL 9-40-28 and SDCL 9-40-29, the lawful holders of the Bond shall have a statutory mortgage lien upon the Improvements and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal, interest, and Administrative Expense Surcharge on the Bond, and the Issuer agrees not sell or otherwise dispose of the Utility, the Improvements, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the collection and treatment of wastewater for municipal, industrial, and domestic purposes within the Issuer. SECTION 3. PRIORITIES, ADDITIONAL BONDS AND RATES AND CHARGES. 3.01. Priority of Bond Payments. If at any time the Net Revenues of the Improvements are insufficient to pay principal, interest, and Administrative Expense Surcharge then due on the Bond, any and all moneys then on hand shall be first used to pay the interest, and Administrative Expense Surcharge accrued on the Bond, and the balance shall be applied toward payment of the maturing principal of the Bond in order of their maturities, the earliest maturing principal to be paid first, and pro rata in payment of principal maturing on the same date. 3.02. Additional Bonds. The Issuer reserves the right to issue additional bonds, payable from the Revenue Bond Account of the Fund, on a parity as to principal, interest, and Administrative Expense Surcharge with the Bond in the manner and upon satisfaction of the conditions and subject to the limitations set forth in the Loan Agreement. 3.03. Compliance with Loan Agreement. The Issuer will comply, so long as the Bond is outstanding, and unpaid, with all of the provisions of the Loan Agreement, to the same extent as though such provisions were set forth in this Resolution. 3.04. Rates and Charges. BMU has covenanted that it will maintain, revise, charge and collect rates and other charges for all service furnished and made available by the Improvements, according to schedules such that the gross revenues derived therefrom will be sufficient, when combined with other available funds, to pay when due all expenses of the operation and maintenance of the Improvements, and all principal, interest, and Administrative Expense Surcharge on the Bond, to provide for the establishment and maintenance of adequate reserves, to provide an allowance adequate for recurring renewals and replacements of the Improvements, to satisfy the rate covenant provided in Section 6.4 of the Loan Agreement and to fulfill the terms of all other agreements with holders of the Issuer’s bonds. The rates and charges with respect to the Improvements shall be in the form of a separately stated surcharge on the municipal utilities rate schedule; in calculating the surcharge BMU shall allocate to the Improvements its share of the expenses of operation and maintenance and allowances for renewal and replacement (which amounts shall be derived solely from the gross revenues produced by the O&M Surcharge) as well as the requirements to pay principal, interest, and Administrative Expense Surcharge on the Bond (the Debt Service Surcharge shall at all times be December 18, 2012 City of Brookings 24 set at a level that will produce gross revenues at least equal to 110% of the maximum annual principal, interest, and Administrative Expense Surcharge on the Bond in any future year) and to repay the Utility or any other funds of the City for moneys advanced in accordance with Section 2.05 hereof. SECTION 4. AMENDMENTS. 4.01. Amendments Without Bondholder Consent. The Issuer reserves the right to amend this Resolution from time to time and at any time, for the purpose of curing any ambiguity or of curing, correcting or supplementing any defective provision contained herein, or of making such provisions with regard to matters or questions arising hereunder as this Council may deem necessary or desirable and not inconsistent with this Resolution, and which shall not adversely affect the interest of the holder of the Bond, or for the purpose of adding to the covenants and agreements herein contained, or to the gross revenues herein pledged, other covenants and agreements thereafter to be observed and additional gross revenues thereafter appropriated to the Fund, for the purpose of surrendering any right or power herein reserved to or conferred upon the Issuer, or for the purpose of authorizing the issuance of additional bonds in the manner and subject to the terms and conditions prescribed in Section 3. Any such amendment may be adopted by resolution, without the consent of the holder of the Bond. 4.02. Amendments With Bondholder Consent. With the consent of the holder of the Bond as provided in Section 4.03, the Issuer may from time to time and at any time amend this Resolution by adding any provisions hereto or changing in any manner or eliminating any of the provisions hereof, or of any amending resolution, except that no amendment shall be adopted at any time without the consent of the holder of the Bond which are then outstanding, if it would extend the maturities of any Bond, would reduce the rate or extend the time of payment of interest thereon, would reduce the amount or extend the time of payment of the principal or redemption premium thereof, would give to any Bond any privileges over any other Bond, would reduce the sources of gross revenues appropriated to the Fund, would authorize the creation of a pledge of gross revenues prior to or on a parity with the Bond (except as is authorized by Section 3), or would reduce the percentage in principal amount of the Bond required to authorize or consent to any such amendment. 4.03. Notice and Consent. Any amendment adopted pursuant to Section 4.02 shall be made by resolution, mailed to each holder of a Bond affected thereby, and shall become effective only upon the filing of written consents with the Finance Manager, signed by the holders of not less than two-thirds in principal amount of the Bonds which are then outstanding or, in the case of an amendment not equally affecting all outstanding Bonds, by the holders of not less than two- thirds in principal amount of the Bond adversely affected by such amendment. Any written consent to an amendment may be embodied in and evidenced by one or any number of concurrent written instruments of substantially similar tenor signed by bondholders in person or by agent duly appointed in writing, and shall become effective when delivered to the Finance Manager. Any consent by the holder of any Bond shall bind the holder and every future holder of the same Bond with respect to any amendment adopted by the Issuer pursuant to such consent, provided that any bondholder may revoke his consent with reference to any Bond by December 18, 2012 City of Brookings 25 written notice received by the Finance Manager before the amendment has become effective. In the event that unrevoked consents of the holders of the required amount of Bonds have not been received by the Finance Manager within one year after the mailing of any amendment, the amendment and all consents theretofore received shall be of no further force and effect. 4.04. Proof. Proof of the execution of any consent, or of a writing appointing any agent to execute the same, or of the ownership by any person of a Bond, shall be sufficient for any purpose of this Resolution and shall be conclusive in favor of the Issuer if made in the manner provided in this section. The fact and date of the execution by any person of any such consent or appointment may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgements that the person signing such writing acknowledged to him the execution thereof. The amount of Bonds held by any person by or for whom a consent is given, and the distinguishing numbers of such Bond, and the date of holding the same, shall be proved by the bond register. The fact and date of execution of any such consent may also be proved in any other manner which this Council may deem sufficient; but this Council may nevertheless, in its discretion, require further proof in cases where it deems further proof desirable. SECTION 5. PAYMENT OF BOND. 5.01. General. When the liability of the Issuer on the Bond has been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holder of the Bond shall cease. 5.02. Payment. The Issuer may discharge its liability with reference to any Bond which is due on any date by depositing with the holder or holders thereof, or the paying agent or agents, if any, for such Bond on or before that date a sum sufficient for the payment thereof in full; or if any Bond shall not be paid when due, the Issuer may nevertheless discharge its liability with reference thereto by depositing with the holder or holders thereof, or the paying agent or agents, if any, a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 5.03. Prepayable Bonds. The Issuer may also discharge its liability with reference to any prepayable Bond which is called for redemption on any date in accordance with its terms, by depositing with the holder or holders thereof, or the paying agent or agents, if any, on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due thereon, provided that notice of such redemption has been duly given as provided in the resolution authorizing the Bond. SECTION 6. TAX MATTERS. 6.01. Tax Matters. (a) Covenant. The Issuer covenants and agrees with the holders from time to time of the Bond that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bond to become subject to taxation under the Internal December 18, 2012 City of Brookings 26 Revenue Code of 1986, as amended (the Code), and applicable Treasury Regulations (the Regulations). (b) Use of Improvements. The Issuer covenants and agrees that it will not, nor will it permit any of its officers, employees or agents, to enter into any lease, use or other agreement with any person other than a state or political subdivision or agency or instrumentality of a state, relating to the use of the Improvements or the security for the Bond which might cause the Bond to be considered a “private activity bond” within the meaning of Section 141 of the Code. (c) Investment of Moneys on Deposit in Revenue Bond Account. The Finance Manager shall ascertain monthly the amount on deposit in the Revenue Bond Account. If the amount on deposit therein ever exceeds by more than $100,000 the aggregate amount of principal and interest due and payable from the Revenue Bond Account within 13 months thereafter, such excess shall either (1) not be invested except at a yield equal to or less than the yield borne by the Bond, or (2) be used to prepay and redeem principal installments of the Bond. (d) Certification. The Mayor and City Clerk, being the officers of the Issuer charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to satisfy the provisions of Section 1.148-2(b) of the Regulations. Such certification shall state that on the basis of the facts, estimates and circumstances in existence on the date of issue and delivery of the Bond as therein set forth, it is not expected that the proceeds of the Bond will be used in such a manner that would cause the Bond to be an arbitrage bond, and the certification shall further state that to the best of the knowledge and belief of the officers there are no other facts, estimates or circumstances that would materially change such expectation. 6.02. Tax-Exempt Status of the Bond and Rebate. The Issuer shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bond, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bond, and (3) the rebate of excess investment earnings to the United States. 6.03. Repeal. All provisions of all other ordinances, resolutions and other actions and proceedings of the Issuer and of this Council which are in any way inconsistent with the terms and provisions of this Resolution are repealed, amended and rescinded to the full extent necessary to give full force and effect to the provisions of this Resolution. 2012 Strategic Plan Report. City Manager Jeff Weldon gave a report the City Council on the progress of the 2012 Strategic Plan. CITY OF BROOKINGS 2012 STRATEGIC PLAN 2012 STRATEGIC PLAN AND OTHER MAJOR DEPARTMENTAL PROJECTS 34th Avenue/20th Street Transportation Corridor: Continue to work with SDDOT to place project on the STIP, have not yet been successful. Consider the viability of contractual lobbying December 18, 2012 City of Brookings 27 services for federal agency funding. Continue to lobby state and federal representatives on the project. Work with SDDOT on funding alternatives. Reanalyzed DOT corridor study and updated traffic counts. Airport Funding Plan: In light of federal funding cut-backs for general aviation airports, the CIP has been revised to accommodate for this five percent cut which will affect the current project in 2013. The State made up for 2012 FAA shortfall. Omnibus Economic Development Initiative: On-going recruitment continues for commercial, industrial job-producing companies primarily to industrial where City has available land. Conclude arrangements for GHP and Bel Brands in the Foster Park and the Commercialization Center in the Telkamp Park. Continue working with Growth Partnership for research park in-fill development. Retail and hospitality industry continue at a stable pace. The Convention & Visitor Bureau has been re-organized and BID revenue stream has been implemented. The community video through CGI Communications has been updated and launched. The RFP for hotels was completed and work is proceeding with a developer on a new hotel that could be attached to the Swiftel Center. The R & T Center was remodeled for new tenants. In addition, the City successfully recruited an NAHL hockey franchise team as a new small business. City and BEDC recruited several restaurants. I-29 Corridor project has been stalled. Continue working with three large-scale residential and commercial development projects; Christie Springs, Prairie Hills, and 25th Avenue Corridor. Implementation of the branding program intensified. Review of on-sale liquor operating agreements: Completed Technology Master Plan: Completed “Lean” Government Practices: This project did not get started as soon as staff had hoped. Mid- year, some staff had a training session with Lean Management staff from a major local business to initiate the project. An extensive literature search was completed and staff has begun informal training. This effort will need to be intensified in 2013 and staff recommends it continue to be an on-going strategic planning item for 2013. 1. Government Center / City Manager: Completed 2. County Resource Center options / City Manager: Completed, awaiting County response. 3. Bel Brands digester construction / City Manager/Comm. Development: About to start construction. 4. Gateway Project / Community Development: Completed Phase I, Phase II ready for construction but delayed due to property transfer complications that are now resolved, Phase III scheduled after DOT improvements. 5. South Campus Neighborhood re-zoning / Community Development: Completed 6. Certification of TIF District 7 / Community Development: Pending; costs and financing options are being analyzed. 7. Industrial Land sales / Community Development: Completed three land sales, on-going December 18, 2012 City of Brookings 28 8. Nature Park, phases I & II / Parks and Recreation: Phase I completed, Phase II being implemented. 9. Pheasant Nest Dog Park / Parks and Recreation: In planning stages, construction delayed to 2013 for budget reasons. 10. Valley View Park Development / Parks and Recreation: Property secured, development to occur in 2013. 11. Playground Equipment at three parks / Parks and Recreation: Completed 12. Swiftel Center storage addition / Swiftel Center: Completed 13. City Hall remodel for Police Dept. / Police/City Manager: Completed 14. East Fire Station Training Center / Fire/City Manager: Completed 15. South Fire Station land procurement / Fire/City Manager: Nearly completed, waiting for seller to return purchase agreement. 16. Ordinance re-codification / City Clerk/City Attorney: Started this year, most work will be done in 2013. 17. Curbside recycling automation / Solid Waste: Grant secured, carts ordered, ready to launch program. 18. Library inter-loan system upgrade / Library: Delayed by SD Library Network 19. Collective bargaining agreement renewals / Human Resources: Completed 20. Software module upgrades / Finance & IT: Completed 21. Airport re-alignment / Engineering: Phase I construction in progress, Phase II planned 22. 32nd Avenue / Engineering: Nearing completion. Late start due to EDA grants application. Final surfacing to be done in 2014. 23. 25th Avenue / Engineering: Completed 24. 20th Street / Engineering: Stalled due to inability to secure easements, options being studied 25. Nelson pond storm drainage / Engineering: Completed 26. Pheasant Nest storm drainage / Engineering: Completed 27. Camelot Square storm drainage / Engineering: Phase I nearing completion, Phase II slated for 2013 28. Weise Addition storm drainage / Engineering: Completed Mike McClemans Request. McClemans recused himself from the dais. He requested approval to install approximately 160 feet of 18” storm sewer drainage pipe at 20th Street South and Medary Avenue South to the west side of the future west driveway for his depot project. Lanning indicated the storm sewer location on a map. This project is scheduled for 2013; however, current weather conditions would allow installation now for a portion of the 2013 project. A motion was made by Reed, seconded by Corbett, to instruct the city manager to go ahead and advance this project per McClemans’ request as long as weather and time permitted. All present voted yes; except McClemans abstained, motion carried. NLC Report. Council Members McClemans, Niemeyer and Corbett and Jeff Weldon reported on the National League of Cities Conference they attended in Boston, MA, November 28- December 1. December 18, 2012 City of Brookings 29 City Council member introduction of topics for future discussion. Council Member Thorpe requested a discussion regarding a civic application (“app”) at a future study session. Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:01 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk December 18, 2012 City of Brookings 30 CONSENT AGENDA #4 C. Action to approve various volunteer appointments. Mayor Tim Reed has submitted the following appointment recommendations for City Council advice and consent: Board of Adjustment Number of positions: 1 Term Length: 3 years Residency Requirement: Required or reside within Joint Jurisdictional Area The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation: 1. Reappoint Dick Peterson Brookings Committee for People who have Disabilities: Number of positions: 1 Term Length: 3 years Residency Requirement: Required for 7 members The Brookings Committee for People who have Disabilities strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1. Appoint Sylvia Lozada. Sylvia currently serves as a student member. Brookings Health System Board of Trustees Number of positions: 4 Term Length: 3 years Residency Requirement: Must be a resident of Brookings County The Brookings Health System Board of Trustees is an administrative board responsible for the planning, operation and evaluation of all hospital and nursing home programs, services and related organizational activities consistent with the City Charter, Ordinance and facility by laws. Mayor’s Recommendation: 1. Reappoint Justin Sell December 18, 2012 City of Brookings 31 2. Appoint Dr. Jeremy Beireis (medical staff appointment) Business Improvement District #1 Board Number of positions: 2 Term Length: 3 years Residency Requirement: Not Required Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Mayor’s Recommendation: 1. Reappoint Tom Richter Historic Preservation Commission Number of positions: 1 Term Length: 3 years Residency Requirement: Required The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1. Reappoint Mary McClure Bibby Human Rights Committee Number of positions: 2 Term Length: 3 years Residency Requirement: Not required Purpose: The Human Rights Committee has the power to investigate alleging discrimination. Other programs include: The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services; Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County; Advise City officials concerning issues of discrimination; and Conduct educational programs and disseminates information to further the committee’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1. Reappoint Rebecca Deinert 2. Reappoint Penny Hauffe Library Board Number of positions: 1 Term Length: 3 years December 18, 2012 City of Brookings 32 Residency Requirement: Required The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1. Reappoint Mac R. Harris Planning Commission Number of positions: 3 Term Length: 5 years Residency Requirement: Required The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1. Reappoint Alan Gregg 2. Reappoint John Sydow 3. Reappoint Al Heuton Sustainability Council Number of positions: 4 Term Length: 3 years Residency Requirement: Required for Majority The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1. Reappoint Ryan Carda 2. Reappoint Paul Peterson 3. Reappoint Norma Nusz Chandler Swiftel Center Advisory Committee Number of positions: 2 Term Length: 3 years Residency Requirement: Not required The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1. Reappoint Rod Schaefer December 18, 2012 City of Brookings 33 Traffic Safety Committee Number of positions: 4 Term Length: 3 years Residency Requirement: The majority of the members shall be residents of the city. The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: 1. Reappoint Daryl Englund 2. Reappoint Pete Kirchhevel 3. Reappoint Skip Webster 4. Appoint Gregg Jorgenson December 18, 2012 City of Brookings 34 CONSENT AGENDA #4 D. Action on Resolution No. 167-12, a Resolution to surplus a payloader. Attached Resolution No. 167-12 will declare the City’s 1988 John Deere 644E Pay Loader surplus. This loader has over 16,000 hours, and was originally purchased from the Street Department in August, 1998. This loader has an appraised value of $30,000, which will be used in the purchase of the replacement pay loader. The replacement of this pay loader is scheduled in the 2013 Capital Improvement Plan. Resolution No. 167-12 Declaring Surplus Property – 1988 John Deere 644E Pay Loader Whereas, the City of Brookings is the owner of the following described equipment formerly used by the City of Brookings Landfill Department: One (1) 1988 John Deere 644E Pay loader, Serial Number DW644EB516177. Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; Whereas, the City Manager is hereby authorized to sell the said surplus property; Whereas, the City Manager hereby authorized to appoint three qualified appraisers to appraise the value of the property; Now, Therefore, Be it resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS, SD ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk December 18, 2012 City of Brookings 35 CONSENT AGENDA #4 E. Action to purchase payloader off state contract list. To: City Manager, Mayor and City Council Members From: Todd Langland, Director of Solid Waste RE: John Deere 644 Loader The State of Minnesota received bids on October 10, 2012 for a new John Deere 644 Loader. RDO Equipment was low bidder in the amount of $210,978.00. The City of Brookings Solid Waste Disposal Department is scheduled to replace their 644 John Deere loader in 2013 based on our Capital Improvement Plan. Staff recommends the City of Brookings buy off of this bid and purchase the Loader from RDO Equipment in the amount of $210,978.00. The Landfill had budgeted $300,000 for the replacement of this loader in 2013 Capital Improvement Plan. This would provide a significant cost savings for the City of Brookings. The current loader has over 16,000 hours and was originally purchased from the Street Department in August, 1998. The old 644 loader will be declared surplus with an appraised value of $30,000.00. The New John Deere Loader would be delivered the end of February 2013. City Attorney Steve Britzman has reviewed and approved of this purchase procedure, citing the following state statutes that permit the purchase of equipment from another state’s list price: SDCL 5-18A-22 (3) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months; SDCL 5-18C-8. Purchases from state contract list or below state contract price. Notwithstanding the provisions of this chapter or chapter 5-18A, 5-18B, or 5-18D, any purchasing agency of a local governmental unit may purchase, without advertising for bids, from a willing vendor, any supplies contained in the state contract list established pursuant to § 5-18D-6, or from any willing vendor at a price at or below that shown in the state contract. The governing body of the purchasing agency shall note in its minutes what supplies were purchased from the state contract and shall further note the identity and address of the vendor and the price paid. If an item is purchased at a price lower than that found on the state contract, the purchasing agency shall note that fact in its minutes and show the identity and address of the vendor and the price paid. December 18, 2012 City of Brookings 36 CONSENT AGENDA #4 F. Action on Resolution No. 168-12, a Resolution updating the City of Brookings Personnel Policy Manual Sections 7.9 Shift Differential, and Section 8.7 Sick Leave. Attached are two sections from the Personnel Policy Manual, Section 7.9 Shift Differential and Section 8.7 Sick Leave, which are being presented for approval with revisions to remain consistent with changes negotiated into the City General and Police Department Union Contracts effective 1/1/2013. The recommendation to the City Council is to increase the shift differential rate by 10 cents per hour and adjust the number of sick leave hours available for new hires, fathers of newborn and adopted children; and employees upon termination after ten years of service. December 18, 2012 City of Brookings 37 Resolution No. 168-12 Establishing Personnel Policy Changes to Sections 7.9 Shift Differential and 8.7 Sick Leave from the City of Brookings Personnel Policy Manual Whereas, Be It Resolved, that the City of Brookings Personnel Policy Manual changes be established as follows: 7 .9 Shift Differential (Revised - Effective 1/1/2013) All hours worked between 6:00 PM and 6:00 AM Monday through Friday and all hours worked on Saturday and Sunday shall be paid at the applicable rate plus sixty cents ($.60) an hour. 8.7 Sick Leave (Revised - Effective 1/1/2013) Regular full-time employees shall accrue sick leave at a rate of twelve (12) hours per month. Sick leave shall be earned and credited to employees on the last working day of the month. Sick leave requests may not exceed the amount of leave accumulated. 8.7.1 Administrative Guidelines (1) Sick Leave Pay: Sick leave benefits shall be paid at the employee’s regular rate of pay at any time the leave is taken. The minimum charge to sick leave is one-fourth (1/4) hour per leave period. Sick pay shall not be used in the computation of overtime. (2) Using Sick Leave: Sick leave shall be granted to employees: -when they are incapacitated for the performance of their duties due to illness, injury, and injury not incurred in the course of their employment. -for medical, dental, and optical examinations or treatments during work hours, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; sick leave requests may include travel time, waiting time and time for the appointment. -when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step-relatives in the same categories. After three consecutive sick days, the employee’s department head and/or December 18, 2012 City of Brookings 38 Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014, and 120 hours for calendar year 2015 and thereafter. -when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. -for up to five (5) working days of paid sick leave for the adoption of a child and for the father employee of newborn child(ren) to assist with care and/or delivery. If employee is eligible for the provisions of the Family Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover additional FMLA leave period. An employee absent from work due to illness or disability shall notify his/her Department Head before scheduled to work, or as soon as possible. If an emergency situation exists, indicate the nature of the situation and the expected length of absence. If an employee is absent three (3) consecutive days without proper notification he/she will be considered to have voluntarily resigned his/her position. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days, or where a pattern of frequent absences exist. Upon returning to work, the employee shall notify his/her supervisor of her/her recovery. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to return and/or continue to work. Any employee found to have abused his/her sick leave privileges may be subject to disciplinary action. (3) Carry-Over of Sick Leave: Employees with a start date prior to January 1, 2013 may accumulate up to a maximum of 260 days (2,080 hours) of sick leave. Employees with a hire date of January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. Sick leave benefits not used during the calendar year in which they were earned may be carried over and used during the succeeding calendar years. December 18, 2012 City of Brookings 39 (4) Leave of Absence: Employees on an unpaid leave of absence in excess of one-half month shall not accrue sick leave benefits. (5) Termination of Employment: After ten years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the employees current base hourly rate, plus one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. Passed and approved this 18th day of December, 2012 CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk December 18, 2012 City of Brookings 40 PROPOSED EDITED PERSONNEL POLICY MANUAL CHANGES FOR CITY COUNCIL APPROVAL EFFECTIVE 01/01/2013 7 .9 Shift Differential (Revised - Effective 1/1/2013) All hours worked between 6:00 PM and 6:00 AM Monday through Friday and all hours worked on Saturday and Sunday shall be paid at the applicable rate plus sixtyfifty cents ($.6050) an hour. 8.7 Sick Leave (Revised - Effective 1/1/20132010) Regular full-time employees shall accrue sick leave at a rate of twelve (12) hours per month. Sick leave shall be earned and credited to employees on the last working day of the month. Sick leave requests may not exceed the amount of leave accumulated. 8.7.2 Administrative Guidelines (6) Sick Leave Pay: Sick leave benefits shall be paid at the employee’s regular rate of pay at any time the leave is taken. The minimum charge to sick leave is one-fourth (1/4) hour per leave period. Sick pay shall not be used in the computation of overtime. (7) Using Sick Leave: Sick leave shall be granted to employees: -when they are incapacitated for the performance of their duties due to illness, injury, and injury not incurred in the course of their employment. -for medical, dental, and optical examinations or treatments during work hours, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; sick leave requests may include travel time, waiting time and time for the appointment. -when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step-relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, manager may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014, and 120 hours for calendar year 2015 and thereafter. December 18, 2012 City of Brookings 41 -when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. -for up to five (5) twenty (20) working days of paid sick leave for placement of a child for the adoption of a child and and up to three (3) working days of paid sick leave for the father employee of newborn child(ren) to assist with care and/or delivery. If employee is eligible for the provisions of the Family Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover additional FMLA leave period. An employee absent from work due to illness or disability shall notify his/her Department Head before scheduled to work, or as soon as possible. If an emergency situation exists, indicate the nature of the situation and the expected length of absence. If an employee is absent three (3) consecutive days without proper notification he/she will be considered to have voluntarily resigned his/her position. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from After three (3) consecutive sick days, or where a pattern of frequent absences exist medical doctor approval may be necessary prior to an employee’s return to work. However, the Department Head may request a physician’s approval at any time. Upon returning to work, the employee shall notify his/her supervisor of her/her recovery. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to return and/or continue to work. Any employee found to have abused his/her sick leave privileges may be subject to disciplinary action. (8) Carry-Over of Sick Leave: Employees with a start date prior to January 1, 2013 may accumulate up to a maximum of 260 days (2,080 hours) of sick leave. Employees with a hire date of January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. Sick leave benefits not used during the calendar year in which they were earned may be carried over and used during the succeeding calendar years. (9) Leave of Absence: Employees on an unpaid leave of absence in excess of one-half month shall not accrue sick leave benefits. (10) Termination of Employment: After ten years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the employees current base hourly rate, plus one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 1,440 hours maximum accumulated sick leave. December 18, 2012 City of Brookings 42 CONSENT AGENDA #4 G. Action on Resolution No. 169-12, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2012-14SSI Storm Sewer Improvement Project; VJ Ahlers Excavating, Inc. This project was a small storm sewer project to install pipe and inlets in residential neighborhoods to improve localized storm water flows. The project included installing new 24” RCP storm sewer on Copper Mountain Circle with one new inlet to direct storm sewer flows into the City’s detention pond in Timberline Addition, and new 12” PVC storm sewer with two new inlets on 15th Street South between Moriarty Drive and Doral Drive. The project has been completed and is ready to be closed out. This change order adjusts plan quantities to as-built final quantities to close out the project for a total decrease of $793.26 to the contract. The project was completed by the contract deadline and no time adjustment is needed. The project summary is as follows: Original Contract Price: $51,128.67 Change from Previous Change Orders: $ 0.00 Contract Price Prior to this Change Order: $51,128.67 Decrease of this Change Order (No. 1 Final): $ 793.26 Contract Price incorporating this Change Order: $50,335.41 This resolution will approve Change Order No. 1 (CCO #1 Final) for a decrease of $793.26 to the contract to close out the project. Resolution No.169-12 Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2012-14SSI Storm Sewer Improvement Project, VJ Ahlers Excavating, Inc. Be It Resolved by the City Council that the following change order be allowed for 2012-14SSI Storm Sewer Improvement Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-built quantities to final out the project for a total decrease of $793.26 to the contract. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk December 18, 2012 City of Brookings 43 CONSENT AGENDA #4 H. Action on Resolution No. 171-12, a Resolution authorizing Closeout on 2011-01 Gateway Project (Phase I) Improvements; Clark Drew Construction, Inc. This project is the first phase of the gateway improvements throughout the community consisting primarily of the stone signs at key entrances to the community as well as various park facilities. This project was delayed, at no fault of the contractor while the City acquired the property at the southwest corner of 6th Street and 22nd Avenue, and is ready to be closed out. The final project cost was $589,014.00, which was an increase of $914.00 to the contract. This was due to two change orders, of which the first is a decrease of $18,830.00 for the installation of the gateway sign at Pioneer Park, and the second an increase of $19,744.00 for two planters (Dakota Nature Park and Pioneer Park). The Pioneer Park sign and planter will be installed upon completion of the west 6th Street reconstruction project. A summary is as follows: Original Contract Price: $588,100.00 Change from Previously Approved Change Orders: $ 914.00 Contract Price incorporating all Change Orders: $589,014.00 Resolution No. 171-12 will approve closeout for this phase of the project. Resolution No. 171-12 A Resolution Authorizing Closeout on 2011-01 Gateway Project (Phase I) Improvements; Clark Drew Construction, Inc. Be It Resolved by the City Council that the following be allowed for 2011-01 Gateway Project Improvements (Phase I) with Clark Drew Construction, Inc.: Construction Closeout on Phase I Improvements for the Gateway Project. There are no further adjusted bid quantities for this phase of the project. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk December 18, 2012 City of Brookings 44 CONSENT AGENDA #4 I. Action to approve an amendment to the Brookings Event Center Agreement City-County Agreement for the County Resource Center use by the Swiftel Center. TO: Mayor and City Council Members FROM: Jeff Weldon, City Manager RE: Amendment to City-County agreement for County Resource Center use by Swiftel Center Attached is an amendment to the original agreement between the City and County pertaining to the Brookings Area Multiplex (Swiftel Center), from 2000 and amended in 2006, which addresses the use of the County Resource Center (CRC). This agreement has been automatically renewed over the years. The attached amendment was developed by staff of the County, 4-H, Swiftel, and City as a response to reduced usage of the CRC space by County staff, and the continued need of the Swiftel Center to utilize CRC meeting room space for events. The purpose of the amendment is to add operational efficiencies and streamline the reservation process and use of these rooms. The amendment adds Section Eight (8) which transfers responsibility for management, scheduling and operations of Meeting Rooms C and D in the County Resource Center to the Swiftel Center for its use. The Swiftel Center will no longer pay rent to the County for this space and shall be able to retain all revenue generated from Meeting Rooms C and D. Likewise, the County will no longer pay the Swiftel Center a service charge for operations and maintenance. The only exception would be room usage by the 4-H and the annual township meeting for which there would be no rent charged. With regard to utilities, the County Resource Center has one meter to service Meeting Rooms C and D as well as the office areas, which the 4-H will retain for the present time. The utilities will be split on a pro-rata basis between these two areas. This change would be effective January 1 and be in place until such time as the City may purchase the CRC space for a pending development project. This agreement was drafted as the attached amendment by Deputy State’s Attorney Mark Kratochvil. It has been approved by the County Board and the City Council’s concurrence is requested. Staff recommends approval of this amendment. A B V"terne_nt 12.-~( AMENDMENT TO BROOKINGS EVENT CENTER AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, hereinafter sometimes referred to as "CITY", a Municipal Corporation, of Brookings, South Dakota; BROOKINGS COUNTY, hereinafter referred to as "COUNTY", a political subdivision of the State of South Dakota; and the BROOKINGS EVENT CENTER, INC., hereinafter sometimes referred to as the "CORPORATION", a South Dakota Non-Profit Corporation, of Brookings, South Dakota, WITNESSETH: WHEREAS, the parties previously entered into an Agreement entitled "BROOKINGS AREA MULTIPLEX, INC. AGREEMENT", dated April10, 2000; and WHEREAS, the parties previously amended the BROOKINGS AREA MULTIPLEX, INC. AGREEMENT on the 25th day of September, 2001 and on the 13th day of June, 2006. WHEREAS, BROOKINGS AREA MULTIPLEX, INC., has subsequently changed its Corporate name to BROOKINGS EVENT CENTER, INC.; and WHEREAS, the parties now desire to modify the Agreement dated April 10, 2000, and as previously amended, by making certain modifications as hereinafter specified, now therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 8. of the Brookings Event Center, Inc. Agreement is hereby amended to provide as follows: 8. County Meeting Rooms: County Resource Center Rooms C and D shall be scheduled and utilized as follows: a. Brookings County shall continue to use County Resource Center rooms C and D for 4-H -sanctioned events and for the annual township meeting; Brookings County will not schedule any other events in such rooms other than the 4-H events and the annual township meeting. It is further agreed that 4-H events for (1) Achievement Days; (2) Horse Show; and (3) Dog show shall have access to the Swiftel Arena at no cost pursuant to scheduling procedures of the Swiftel Center. b. The Swiftel Center shall maintain the schedule and be entitled to use and schedule all events in County Resource Center Rooms C and D at no cost at any time except when4-H-sanctioned events or the annual township meeting are scheduled. The Swiftel Center shall be entitled to receive all revenues generated from events scheduled in the County Resource Center Rooms C and D except for 4-H-sanctioned events and the annual township meeting. c. Any events (excluding 4-H events) that involved catering must follow the Swiftel Center's Catering Policy and all other Swiftel Center Policies for Rental of facilities. d. As compensation to Brookings County for its use of County Resource Center Rooms C and D the Swiftel Center shall deduct a sum equal to 80% of the amount otherwise due from Brookings County for maintenance and utility costs under the annual maintenance agreement and Brookings County shall only be obligated to pay the remaining 20%. This Amendment shall be effective from and after November 1, 2012, and shall continue unless canceled by any Party upon thirty (30) days written notice. The parties hereby ratify and confirm all other provisions of the original BROOKINGS AREA MULTIPLEX, INC. AGREEMENT, dated as of April 10, 2000, and previous Amendments, not modified by this Amendment, and hereby affirm their intent to have said Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the dates set forth below. Dated this ___ day ofOctober; 2012. (SEAL) ATTEST: City Clerk (SEAL) CITY OF BROOKINGS By: _____________ __ Mayor BROOKINGS COUNTY B~414~f~ Chainnan County Finance Officer Dated this ___ day of October, 2012. (SEEL) ATTEST: Secretary BROOKINGS EVENT CENTER, INC. By: ____________ _ Chainnan December 18, 2012 City of Brookings 48 CONSENT AGENDA #4 J. Action on Resolution No. 173-12, a Resolution authorizing a CDBG Payment Request for the Boys & Girls Club of Brookings. Resolution No. 173-12 CDBG Payment Request for the Boys & Girls Club of Brookings Whereas, the City of Brookings is the recipient of a Community Development Block Grant, on behalf of the Boys & Girls Club of Brookings for the construction of a Boys & Girls Club Facility in the City of Brookings; Therefore, Be It Resolved, that the funds for CDBG #1212-105 disbursed by the State of South Dakota be disbursed directly to the Boys & Girls Club of Brookings and any such payment requests shall originate from the Executive Director of the Boys & Girls Club of Brookings. This resolution shall be effective upon publication. Passed this 18th day of December, 2012. CITY OF BROOKINGS, SD ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk December 18, 2012 City of Brookings 49 CONSENT AGENDA #4 K. Action on Resolution No. 183-12, a Resolution Authorizing Change Order No. 2 for 2012-04SSI, Pheasant Nest Detention Pond Project. The Pheasant Nest Detention Pond Project entailed grading a detention pond project with sidewalk, storm sewer pipe, drainage structures, erosion control and landscaping. The project was designed by Banner Associates along with Confluence for the landscaping component and is located at the southeast corner of 12th Street South and 7th Avenue South, on Block 10 of Pheasant Nest Addition. The project was funded with a loan from the South Dakota Department of Environment and Natural Resources State Revolving Fund. The project has been completed and is ready to be closed out. This change order is an increase of $357.30 to adjust contract quantities to as-built quantities and for lawn irrigation repair due to culvert installation. The project summary is as follows: Original Contract Price: $276,283.40 Increase from Previous Change Orders (No. 1): $ 1,512.50 Contract Price Prior to this Change Order: $277,795.90 Increase of this Change Order (No. 2 Final): $ 357.30 Contract Price incorporating this Change Order: $278,153.20 This resolution will approve Change Order No. 2 (CCO #2 Final) for an increase of $357.30 to the contract. Resolution No. 183-12 Resolution Authorizing Change Order No. 2 (CCO#2 Final) for 2012-04SSI, Pheasant Nest Detention Pond Project Be it Resolved by the City Council that the following change order be allowed for 2012-04SSI, Pheasant Nest Detention Pond Project: Construction Change Order Number 2 Final: Adjust contract to as-built quantities and for lawn irrigation repair due to culvert installation for a total increase of $357.30 to the contract. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk December 18, 2012 City of Brookings 50 5. Items removed from Consent Agenda. Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. December 18, 2012 City of Brookings 51 Open Forum/Presentations/Reports 6. Invitation for a Citizen to schedule time on the Council Agenda for an issue not listed. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 7. SDSU Student Senate Report. President – Jameson Berreth Vice-President – Wyatt DeJong Administrative Assistant – Daniel Vellek Finance Chair – Ben Ruggeberg State & Local Chair – Jameson Goetz SDSU Sent Website: http://www.sdstatesa.com/#! December 18, 2012 City of Brookings 52 Contracts & Change Orders 8. Action on Resolution No. 175-12, a Resolution Awarding Bids on Bel Brands Wastewater Pretreatment Facility Project. As part of the Development Agreement between the City of Brookings and Bel Brands, the City agreed to construct a Wastewater Pretreatment Facility to handle the waste loads exiting the Bel Brands processing facility. The Wastewater Pretreatment Facility is designed to lessen the waste loads entering Brookings Municipal Utilities Wastewater Collection System. Enclosed is a summary from Dennis Rebelein, P.E. with Banner on the Bel Brands Wastewater Pretreatment Facility Project bids. Approval of the enclosed resolution will award the bid to John T. Jones Construction Co. of Fargo, ND. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 53 Resolution No. 175-12 Resolution Awarding Bids on Bel Brands Wastewater Pretreatment Facility Project Whereas, the City of Brookings opened bids for the Bel Brands Wastewater Pretreatment Facility Project on Tuesday, December 4, 2012 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the Bel Brands Wastewater Pretreatment Facility Project – John T. Jones Construction Co., Fargo, ND: Bid Schedule 1 Base Bid - $5,000,000.00, Alternate #1 - $164,645.50, Alternate #2 - $58,903.00, Alternate #3 - $166,241.70, Alternate #4 – No Bid, Alternate #5 - $153,990.00, and Bid Schedule 2 Base Bid - $151,393.00; Rice Lake Construction Group, Deerwood, MN: Bid Schedule 1 Base Bid - $5,168,600.00, Alternate #1 - $126,000.00, Alternate #2 - $72,000.00, Alternate #3 - $160,000.00. Alternate #4 - $165,000.00, Alternate #5 - $30,000.00, and Bid Schedule 2 Base Bid - $200,000.00; Wenck Construction and Remediation, Inc., Maple Plain, MN: Bid Schedule 1 Base Bid - $5,100,000.00, Alternate #1 - $152,000.00, Alternate #2 - $54,000.00, Alternate #3 - $158,000.00, Alternate #4 - $1,000,000.00, Alternate #5 - $1,000,000.00, and Bid Schedule 2 Base Bid - $326,000.00; Miron Construction Co., Inc., Neenah, WI: Bid Schedule 1 Base Bid - $5,271,000.00, Alternate #1 - $146,000.00, Alternate #2 - $61,400.00, Alternate #3 - $99,200.00, Alternate #4 - $536,700.00, Alternate #5 - $19,400.00, and Bid Schedule 2 Base Bid - $233,030.00; PKG Contracting, Inc. Fargo, ND: Bid Schedule 1 Base Bid - $5,521,900.00, Alternate #1 - $142,000.00, Alternate #2 - $67,000.00, Alternate #3 - $197,000.00, Alternate #4 - $350,000.00, Alternate #5 - $200,000.00, and Bid Schedule 2 Base Bid - $205,000.00; Swanberg Construction, Inc., Valley City, ND: Bid Schedule 1 Base Bid - $5,534,000.00, Alternate #1 - $155,000.00, Alternate #2 - $75,000.00, Alternate #3 - $165,000.00, Alternate #4 – No Bid, Alternate #5 - $200,000.00, and Bid Schedule 2 Base Bid - $275,000.00. Now Therefore, Be It Resolved that the low bid of John T. Jones Construction Co. of Fargo, ND for the Bid Schedule 1 Base Bid of $5,000,000.00, Alternate #1 of $164,645.50, Alternate #2 of $58,903.00 and Bid Schedule 2 Base Bid of $151,393.00 for the total of $5,374,941.50 for Bel Brands Wastewater Pretreatment Facility Project be accepted. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk December 10, 2012 Mr. Jeffrey Weldon, City Manager City of Brookings 520 3rd Street, Suite 230 Brookings, SD 57006 Re: Bel Brands Wastewater Pretreatment Facility BAI. No. 21455.00.01 F:\21455-00\Bid Phase\Correspondence\City of Brookings Award Recommendation.docx Dear Mr. Weldon, The City of Brookings recently agreed to design, bid and construct an industrial wastewater pretreatment facility for Bel Brands which is referred to as the “Wastewater Solution” (WWS) in the Development Agreement. The WWS is primarily comprised of a wastewater equalization tank, dissolved air flotation, Upflow Anaerobic Sludge Blanket (UASB) process, biofilter odor control system, miscellaneous process equipment and a process control building. The project was advertised in the Brookings Register on November 12th, November 19th and with multiple Builders Exchanges. The prebid meeting was held on November 20th at the City & County Government Center. On December 4, 2012 the City of Brookings received bids for the Bel Brands Wastewater Pretreatment Facility project. A total of six bids were received and opened. A Certified Bid Tabulation is attached for your review. The Bid consisted of two bid schedules and five bid alternates. Bid Schedule 1 Base Bid addressed the work required to construct the industrial wastewater pretreatment facility for Bel Brands, as discussed in the Development Agreement between the City of Brookings and Bel Brands. Bid Schedule 1 also included five bid alternates, requested by Bel Brands, as follows; Bid Alternate 1 – Standby power generation, Bid Alternate 2 – Building fire alarm and sprinkler system, Bid Alternate 3 – Sludge holding tank, Bid Alternate 4 – Contracted facility operations, Bid Alternate 5 – Extended project warranty, Mr. Jeffrey Weldon December 10, 2012 Page 2 of 2 The Bid also included Bid Schedule 2 which comprises the work and materials required for construction of the main lift station to pump wastewater into the pretreatment facility. This work, like the bid alternates, was requested by Bel Brands. As stated earlier, the City of Brookings is financially responsible for Bid Schedule 1 Base Bid while Bel Brands is responsible for all bid alternates and Bid Schedule 2. The bids for Bid Schedule 1 Base Bid range from $5,000,000 to $5,534,000 and the low bid was submitted by John T. Jones Construction Co. from Fargo, ND. All bids were within approximately 11 percent of the low bid and within ±7 percent of the engineer’s opinion of cost. Bid Schedule 1 Base Bid results were also compared against the preliminary opinion of cost contained in the Development Agreement. In May 2011 a preliminary opinion of project cost was prepared for a similar treatment process which had a budget of $5,537,000 of which $4,900,000 was reserved for construction of the treatment facility. Following preparation of the opinion of cost, and prior to signing the Development Agreement, the equalization tank was added to the project scope without modification to the project budget. Had the value of the equalization tank been added to the opinion of cost, the revised opinion of cost would have been approximately $5,310,000. After taking into consideration that the low bid was below the Engineer’s Opinion of Cost, the number of bids received and the tight range, it appears that the bids accurately reflect the value of the work. Therefore, Banner Associates recommends that the City of Brookings award Bid Schedule 1 Base Bid in the amount of $5,000,000.00, Bid Alternate 1 in the amount of $164,645.50, Bid Alternate 2 in the amount of $58,903.00 and Bid Schedule 2 Base Bid in the amount of $151,393.00 to John T. Jones Construction Co. of Fargo, ND. The total recommended Contract amount is $5,374,941.50. We further recommend that the award be contingent upon the review and approval of the bid by the funding agencies involved in this project. We look forward to our continued work on this project. Please do not hesitate to contact Daryl Englund or me should you have any questions regarding this recommendation. Sincerely, Dennis Rebelein, P.E. Banner Associates, Inc. Encl. Bid Tab Bid Opening Time & Date: 1:30PM, December 4th 2012 Project: Bel Brands Wastewater Pretreatment Facility Brookings, South Dakota BAl. No. 21455.00.01 Bid Opening Location: City of Brookings, City & County Government Center Acknowledge Bidder Addendum Number Bidder's Name and Address Bid Security (II issued) John T Jones Construction Co. 1 P.O. Box 2424 10% Bid Bond 1, 2 and 3 Fargo, ND 58108 Rice lake Construction Group 2 22360 County Road 12, 10% Bid Bond 1, 2 and 3 P.O. Box 517 Deerwood, Minnesota 56444 Wenck Construction and 3 Remediation, Inc. 10% Bid Bond 1 and 2-not 3 P.O. Box 249 Maple Plain, MN 55359 Miron Construction Co., Inc. 4 P.O. Box 509 10% Bid Bond 1, 2 and 3 Neenah, WI 54957 PKG Contracting, Inc. 5 4301 South University Drive 10% Bid Bond 1, 2 and 3 Fargo, ND 58104 Swanberg Construction, Inc. 6 P.O. Box 728 10% Bid Bond 1, 2 and 3 Valley City, ND 58072 Engineer's Opinion of Cost Bel Brands Date: December 4, 2012 Bid Alternate Ill Bid Alternate 112 Bid Alternate 113 Bid Alternate 114 Bid Schedule 1· Base Bid Standby Power Fire Sprinkler Sludge Storage Facility Ops $5,000,000.00 $164,645.50 $58,903.00 $166,241.70 No Bid $5,168,600.00 $126,000.00 $72,000.00 $160,000.00 $165,000.00 $5,100,000.00 $152,000.00 $54,000.00 $158,000.00 $1,000,000.00 $5,271,000.00 $146,000.00 $61,400.00 $99,200.00 $536,700.00 $5,521,900.00 $142,000.00 $67,000.00 $197,000.00 $350,000.00 $5,534,000.00 $155,000.00 $75,000.00 $165,000.00 No Bid $5,352,000.00 $128,000.00 $53,000.00 $134,000.00 $80,000.00 Page 1 of 1 Brookings, SD I Sioux Falls, SD I Vermillion, SO I Rapid City, SD I Pipestone, MN 1 St. Peter MN Bid Alternate 115 Warranty $153,990.00 $30,000.00 $1,000,000.00 $19,400.00 $200,000.00 $200,000.00 $50,000.00 BANNER Engineering I Architecture I Surveying S.mnN Assocl:llt:-~. hl\.1409 2lnd Ave So 1 PO Bol( 298 Braolo;ing,, South Dakota 57006! 605.692.6142 www.bilnn~ras~ocl<ttes.com Basis of Bid Bid Schedule 2 • Base Bid Comparison of Bids $151,393.00 $5,374,941.50 $200,000.00 $5,566,600.00 $326,000.00 $5,632,000.00 $233,030.00 $5,711,430.00 $205,000.00 $5,935,900.00 $275,000.00 $6,039,000.00 $200,000.00 $5,733,000.00 December 18, 2012 City of Brookings 57 Contracts & Change Orders 9. Action on Resolution No. 176-12, a Resolution Awarding a Contract on Recycling Carts. The bids were opened on December 4, 2012 for Automated Recycling Carts. The carts will be fully funded by the $155,000.00 Solid Waste Management Grant the City of Brookings was awarded. Staff recommends the City of Brookings award the low bid to Sanitation Products at the bid of $57.00 per cart. This bid will allow the City of Brookings to purchase 2,720 carts. The Collection Department received only one (1) bid for the purchase of carts. The original estimated cost of the carts was $70.00 each. With the bid coming in at $57.00 this allowed the City of Brookings to purchase 505 more carts based on the state grant. The carts will be used for the City of Brookings Curbside Recycling Program. This will provide residents with their own recycling container and also allow the Collection Department to use the automated truck to pick up the recycling material. Resolution No. 176-12 Resolution Awarding Bids for Automated Containers Whereas, the City of Brookings has received the following bid(s) for 65-gallon Universal Automated containers: Sanitation Products, Inc. in the amount of $57.00 per container. Now Therefore, Be It Resolved that the bid from Sanitation Products, Inc. in the amount of $57.00 per cart be accepted. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 58 Contracts & Change Orders 10. Action to approve City Manager Compensation Package for 2013. The City Council is expected to take action to establish City manager Jeffrey Weldon’s compensation package for 2013. Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 59 Contracts & Change Orders 11. Action approving contracts Union Contracts: a. Action to approve the City General Employee Contract. Action: Motion to Approve, Request Public Comment, Roll Call b. Action to approve the City Police Department Employee Contract. Action: Motion to Approve, Request Public Comment, Roll Call TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Proposed contract for Teamsters bargaining units Attached are the two (2) proposed employee collective bargaining agreements for those city employees covered under such agreements. Teamsters represent City general employees under one contract and Teamsters also represents police/dispatch employees under a second contract. Both current contracts expire at the end of the year and the proposed contracts are for three years. Human Resources Director Donna Langland and I worked with union stewards and the Teamsters Business Agent for both employee groups and Chief Jeff Miller joined us for the police meetings. Both groups have accepted the proposed contracts and City Council approval to ratify them will complete this process. The contracts in the packet are in amendment format so you can easily see the changes to the contract that is about to expire. Staff recommends approval. December 18, 2012 City of Brookings 60 11a. Action approving the City General Employee Contract. City of Brookings Labor Contract 2010-2012 2013-2015 CITY OF BROOKINGS LABOR CONTRACT 2013-2015 2010-2012 THIS AGREEMENT made and entered into this 1st day of January, 2013 2010, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120 General Drivers and Helpers Union, Local 749, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION The Employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: All regular full-time employees employed by the City of Brookings employed in the following departments, to-wit: Community Development, Engineering, Street, Parks, Recreation, Forestry, Library, Liquor and Solid Waste/Landfill, excluding all other city employees, department heads, supervisors and administrators as stipulated. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of the Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of the Agreement shall continue in force and effect. 3. MAINTENANCE OF STANDARDS 3A. The Employer agrees, subject to the following provisions, that all conditions of employment in his individual operation relating to wages, hours of work, overtime differentials and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement. December 18, 2012 City of Brookings 61 3B. It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement. Such bona fide errors may be corrected at any time. 3C. This provision does not give the Employer the right to impose or continue wages, hours or working conditions less than those contained in this Agreement. 4. NON-DISCRIMINATION The Employer and the Union agree not to limit, segregate, or classify employees in any way to deprive any individual employee of employment opportunities, or discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, creed, sex, age, disability, or national origin, sexual orientation, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. Any employee who feels they have been discriminated against should bring this concern to his/her supervisor, or higher authority, according to the grievance procedure specified in Section 15 of this contract. 5. MANAGEMENT RIGHTS The Union recognizes the prerogatives of the City Council and City Manager to operate and manage its affairs in all respects in accordance with its responsibility and powers of authority which the City has not officially abridged, delegated or modified by this Agreement, and such powers and authority are retained by the City. These management rights include, but are not limited to the following: 5A. To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train or retrain employees in positions with the City; to discipline/suspend, discharge or take other appropriate action against employees for just cause; 5B. To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 5C. To determine the objectives of the City and the methods and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); for purchase and utilization of equipment; and the utilization of seasonal and part time employees, as long as no full time employees are laid off; 5D. To provide reasonable standards and rules for employees; and 5E. To determine the method of fulfillment of the objectives of the City whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 6. EQUAL EMPLOYMENT OPPORTUNITY December 18, 2012 City of Brookings 62 The City of Brookings is an Equal Opportunity Employer and will not discriminate in the hiring process on the basis of his race, sex, religion, age, creed, color, sexual orientation, national origin, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City will always endeavor to hire the best qualified applicant. The selection will be based on qualifications, skills, training, and attainment of Affirmative Action Goals and Priorities, as adopted by the City Council in the Affirmative Action Plan. 7. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 7A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either party. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non-management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each others problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below. 7B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them, within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 7C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life and limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. December 18, 2012 City of Brookings 63 7D. The committee shall be composed of four (4) members designated by the Union and four (4) members designated by the City. Any recommendations must be adopted by a majority of the committee. 8. CHECK OFF Effective upon ratification, the Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 9. BONDS Should the employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 10. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 11. STEWARDS The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 11A. Investigation and presentation of grievances to Employer or the Employer representatives in accordance with the provisions of this Agreement. 11B. Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during work hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 12. BULLETIN BOARDS The employer agrees to provide space on its bulletin boards for Union business notices. Union space will be allocated. 13. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head, shall have reasonable access to the City’s establishment and be permitted to visit and converse December 18, 2012 City of Brookings 64 with employees during regular on-duty hours for the purpose of adjusting disputes, investigating work conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 14. UNION BUSINESS AND REPRESENTATIVES 14A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 14B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining unit, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City. Off duty employees attending such meetings shall do so on their own time. 15. GRIEVANCE PROCEDURE 15A. Grievances are herein defined to be disputes involving the interpretation of this Agreement or City policies or ordinances or changes in working conditions affecting the employees covered by this Agreement. 15B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 15C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and submitted to the Human Resources Director and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or union representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 15D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limits or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary action, the employee and/or the Union may elect December 18, 2012 City of Brookings 65 to commence the grievance procedure at the level of the Department Head or City Manager. 15E. Time limits may be extended by mutual agreement. 15F. The Union has the authority to abandon a grievance. 15G. Abandonment of a grievance shall not set a precedence. 16. REPRIMAND Any reprimand that can become part of an employee’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 17. DISCHARGE OR SUSPENSION 17A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he/she is discharged or otherwise disciplined if the cause of such discharge is: 1. Dishonesty; 2. Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during their work shift. An employee will submit to a portable breath test if the presence of alcohol is suspected. In the event of a positive reading, the employee may, at their discretion, submit to a blood alcohol test, the expense of which is covered by the City if the test is negative and by the employee if the test is positive. The employee will submit to a urine drug screen if the presence of drugs is suspected. 3. Personal possession or use of illegal drugs while on duty; 4. Failure to report a serious accident or incident while on duty; 5. Insubordination; flagrant disregard of a lawful or reasonable order. 17B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged without a warning letter. Depending upon the circumstances and upon just cause, a lesser discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the City Manager, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. Warning notices shall be in effect for nine (9) months. 17C. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 18. CITIZEN’S COMPLAINT December 18, 2012 City of Brookings 66 When a citizen makes a formal complaint against an employee, which such complaint might become part of that employee’s official record, such complaint shall be reduced to writing after a complete investigation has determined there may be possible merit or substance to the same. Such written complaint shall be delivered to the employee and the employee shall have the right to face his/her accuser with the steward and/or representative of the Local Union present at such meeting. The Department Head shall also be present at the meeting. 19. WORK RULES The City of Brookings encourages and promotes a mutual respect between management and bargaining unit employees in the performance of their respective duties. Department general orders, work rules and the department policy and procedure manual shall be reviewed by the City Manager and the department head to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. All Union comments on the proposed changes will be considered by the City Manager and the department head; however, the City Manager retains the right to adopt changes in the said orders, work rules and manual. This article is not intended to permit changes in specific provisions of the Agreement. Any disputes over reasonableness of work rules shall be subject to the grievance procedure. 20. AFFIRMATIVE ACTION PROGRAM 20A. The City of Brookings unequivocally supports the principles and spirit of equal employment opportunity based upon qualifications, related experience, job pertinence, and relevant individual differences and not on the basis of non- relevant factors such as his race, gender, sexual orientation, religion, age, handicap, country of origin, or political affiliation. 20B. It is the policy of this City to provide equal employment opportunity without discrimination in order that all qualified persons are accorded an equal opportunity for employment or promotion without discrimination due to his race, gender, sexual orientation, religion, age, handicap, country of origin, or political affiliation. 20C. To ensure that we continue to adhere to the principles of equal employment opportunity as stated above, the following will remain the City’s policy regarding recruitment, selection and promotion: 20C.1 Recruitment - The recruitment of persons to fill vacancies will be accomplished without regard to his race, sex, religion, age, creed, color, sexual orientation, national origin, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City will maintain contacts with various persons, groups and organizations, and employment agencies concerning personnel resources and requirements when necessary. 20C.2 Selection - The selection of persons to fill job vacancies will be accomplished through approved procedures. Persons will be hired December 18, 2012 City of Brookings 67 without regard to non-relevant factors following a completely objective appraisal of each eligible individual interested in the position. 20C.3 Promotion - Promotion will be proposed in accordance with applicable rules on a non-discriminatory basis. 21. AUTHORITY TO EMPLOY PERSONNEL 21A. Authority to employ individuals for all positions in the City service, except certain appointive positions as stipulated in the City Charter is vested in the City Manager. 21B. Supervision - Individuals will not be assigned to a department which will require them to be supervised or evaluated by immediate family members. 22. PERSONNEL RECORDS AND REPORTS 22A. A personnel file will be maintained on all employees. The file shall contain the employee’s application or resume for employment and personal history sheet, a current W-4 form, insurance and retirement information, pay status, leave status, promotions, transfers or demotions, performance review information, job description, a record of the employee’s current address and telephone number, and personal information necessary to assist the Human Resources Department. 22B. It is important that personnel records reflect correct information about the employee at all times. Employees are requested to report promptly to the Personnel Department any changes in status as listed below: 1. name; 2. address; 3. telephone number; 4. marital status; 5. beneficiary change - (retirement and insurance); 6. legal change of name; 7. name, birth date, relationship, and the total number of dependents; 8. completion of education/training courses; 9. person(s) to notify in case of emergency; 10. physical or other limitations; 11. special awards or honors; 12. record, including serial numbers, etc., of personally assigned City-owned equipment. 22C. All personnel files are to be maintained by the respective department heads in a secure, locked file cabinet in the Human Resources office. Employees are encouraged to periodically review and comment on their personnel records. Review of personnel files must be completed in the presence of the Human Resources Officer or their designated representative. ALL PERSONNEL FILES AND INFORMATION THEREIN ARE CONFIDENTIAL. 23. WORK WEEK December 18, 2012 City of Brookings 68 23A. The normal working day for municipal employees shall be consecutive hours and the work week shall consist of forty (40) hours. Flexible schedules shall be set or approved by the Department Head. 23B. Employees shall be paid for all time spent in the employ of the Employer. 23C. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift; on a scheduled day off; or in excess of forty (40) hours per week. Overtime will not be paid, however, for changes made to an employee’s normal weekly work schedule to include days off or shift when seven (7) calendar days advance written notice is given to the employee, unless changes to the schedule result in actual work hours in excess of 40 per week. However, seven (7) calendar days advance notice does not need to be given in the event of an emergency which is defined as an unforeseen combination of circumstances that calls for immediate action as determined by the department head or his designee. In that event, the employee shall be paid at a rate of time and one-half for all hours required to work outside of their regular shift for emergencies and/or unforeseen circumstances. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Overtime will not be allowed without approval of the Department Manager or other supervisor as designated. 23D. Overtime shall not be pyramided. 23E. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. 23F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time employees below the normal scheduled work week. 24. SENIORITY 24A. Seniority rights for employees shall prevail. 24B. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the bargaining unit. Current established seniority lists as of 12/30/97 shall not be modified or changed, but with respect to the contract language of January 1, 1999, definitions consistent with the seniority article shall prevail. 24C. On January 1 of each year, the Employer shall post a current seniority list and shall submit a copy to the Union. 24D. Seniority and employment relationship shall terminate when an employee: 1. Quits; 2. Is discharged for just cause; 3. Is retired. 24E. Department seniority shall govern layoff and recall. In the event of a layoff, the last employee hired in each affected Department, shall be laid off first as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective departments. December 18, 2012 City of Brookings 69 24F. An employee so laid off or whose job has been eliminated may exercise their city seniority and bump any junior employee within the bargaining unit if they have the skill and ability to perform the job. The employee who is bumped off their job shall also be allowed to exercise their seniority until the most junior employee within the bargaining unit is displaced or the employee lacks the skills to displace anyone further. Employees so laid off or bumped shall hold recall rights to the original positions they were displaced from. 24G. A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the two (2) weeks following the notice of layoff. Part-time and seasonal employees shall be laid off first provided they are doing comparable duties in the same department. 24H. Seniority will continue to accumulate for any employee who is drafted into the Armed Forces of the United States, or who volunteers during a period of national emergency, for the period of his/her service, and for ninety (90) days thereafter, if he/she received an honorable discharge. 24I. Employees who are injured and are covered by Workers’ Compensation shall continue to accumulate seniority during their absence. 24J. The City of Brookings shall grant re-employment rights to employees who have been laid off. Employees who are discharged, resign, or retire, shall forfeit re- employment rights. Employees who have been laid off shall be granted re- employment rights for a period of six (6) months in the classification they previously held. When re-employing personnel with seniority rights, such rights shall prevail. Re-employed individuals who have been laid off shall retain seniority and all accumulated benefits. Such benefits may not be accrued during the layoff period. 25. EMPLOYEE CLASSIFICATION 25A. Regular Full-time Employees - Employees who work a minimum of thirty-two (32) hours per normal work week and are not designated as probationary or temporary shall be defined as “regular full-time”. This classification will entitle employees to all rights and benefits on a pro-rated basis. Time served on a probationary status shall be considered as regular full-time, when the employee is so classified. 25B. Probationary Employee - Probationary employees are newly hired employees and shall be considered on a “probationary” status for a period of six (6) months following their initial date of employment. Upon completion of not more than six (6) months of satisfactory performance such employees shall be classified as regular full-time. A probationary employee shall be subject to layoff, discipline, or discharge at the sole discretion of the City. After an employee has satisfactorily completed the probationary period, seniority will be established as of his/her employment date. 25B.1 The probationary period is established for the purpose of evaluating the performance of and manner in which each new employee adjusts to his/her work. If an employee is granted leave during their probationary December 18, 2012 City of Brookings 70 period and said leave exceeds one week, then employee’s probationary period shall be extended by an amount at least equal to the term of their leave. If, for any reason, the employee is found to be unsatisfactory in his/her performance or attendance during the probationary period, the employee may be terminated. The “Probationary Employee Progress Report” form shall be completed two weeks before the probationary period ends in order to document the reason(s) for termination. Managers will utilize the Probationary Employee Progress Report to review each new employee’s performance and progress. The employee’s work performance, attitude, attendance, ability to follow instructions, and other factors which cause him/her to be successful on the job must be carefully reviewed before the employee is classified as a regular full- time employee. A probationary employee’s performance can be reviewed as often as necessary during the probationary period. The City Manager reserves the right to extend the probationary period of an employee up to a maximum of six (6) additional months. 25C. Acting - When a vacancy occurs in a position which cannot be left vacant for the length of time anticipated, when no suitable list of approved candidates exists for its filling, or for some other reason it is not feasible to make a permanent appointment thereto, the Department Head may appoint an employee to an “acting” capacity. The duration of such acting appointment shall be only until a permanent appointment can reasonably be made. The employee shall receive the wages of the vacant position. 26. SEPARATIONS 26A. General It is the policy of the City of Brookings to process all separations of personnel according to a standardized procedure for the following purposes: 1. to receive suggestions that terminating employees may have for improving employment conditions; 2. to reclaim City property such as keys and clothing; 3. to review the necessary forms that need to be completed such as insurance and retirement. 26B. Separations 26B.1 Resignations - An employee desiring to terminate his/her employment is required to submit a written notice at least two (2) weeks prior to his/her last day of work. Resignations are treated as a voluntary action by the employee. 26B.2 Layoffs - In the event a cutback becomes necessary, City Manager will first determine what positions should be eliminated, and will notify the affected employees/union in writing. 26B.3 A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the two (2) weeks following the notice of layoff. December 18, 2012 City of Brookings 71 27. PROMOTIONS OR TRANSFERS 27A. An employee may request a transfer from a position or Department to another position or Department within the bargaining unit. Such a request need not be in the nature of a promotion. Requests for transfer must first be made to an employee’s immediate supervisor and to the Department Head. 27B. Permanent inter-departmental transfers or promotions/transfers from a position or Department to a new regular full-time position in the same or involving substantially different duties different Department shall require the transferred or promoted employee to serve a new probationary period not to exceed 90 days thirty (30) calendar day trial period to determine: (a) His ability to perform the job. (b) His desire to remain on the job. A performance appraisal will be conducted prior to the end of 30 days in the new position. During the thirty (30) day trial period, the employee shall have the opportunity to revert to his previous position. If the employee is unsatisfactory in the new position (in the opinion of the Employer), notice and reasons will be submitted to him in writing by the Employer with a copy to the Union. The matter may then become a proper subject for the grievance procedure. If the employer is unable to fill a vacancy by promoting, it may hire from outside the unit or a new employee. Benefits/seniority accumulated by the person transferring shall be retained by that individual. 27B.1 A transferred or promoted employee who is placed on a salary grade at step “A”, whether an increase or decrease, will be eligible for a salary increase to step “B” upon completion of the probationary period as signified by a satisfactory, or better, rating on an employee evaluation. Employee will be eligible for an increase to the next highest step upon completion of an additional six months and will then be eligible on an annual basis for a step in grade increase through step “F”. A transferred employee who is placed on a salary grade at step “B”, whether an increase or decrease, will be eligible for a step in grade increase upon completion of a probationary period and will then be eligible for step in grade increases on an annual basis. A transferred employee placed above step “B” in grade will only be eligible for step in grade increases on an annual basis. 27C. Inter-departmental transfers of employees for a short duration for City convenience may be made at any time at the discretion of the City Manager, providing the employee is informed of the need and expected duration of the transfer and it does not affect pay. 27D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an ice storm, tornado or any other emergency. December 18, 2012 City of Brookings 72 27E. Whenever possible, new and vacant positions will be filled from within the City by promoting qualified employees in accordance with the following: 27E.1 Employees of a Department in which a vacancy occurs will be given priority over employees from another Department for promotion to a position in that Department; 27E.2 Promotions/transfers shall be made on the basis of seniority, skills, ability, qualifications, and job performance. If skills, ability, qualifications, and job performance, are relatively equal, then seniority shall be the determining factor. 27E.3 In accordance with this article, promotions must be approved by the City Manager. 27F. All regular full-time job vacancies shall be posted on City bulletin boards. The City shall promote or transfer present employees to such vacancy provided the employee meets the above criteria. Any employee denied a promotion under this Article shall be given the reasons for such denial in writing and may be appealed under the grievance procedure. 28. APPRENTICESHIP PROGRAM – Article deleted 1/1/02. 29. INTERIM PAY GRADE CHANGES During the term of the contract, any proposed changes within the bargaining unit that substantially affect an employees duties and responsibilities shall be submitted to the Union. The City and the Union shall determine if the additional duties and responsibilities warrant a pay grade change, and if so, establish the appropriate grade for the position. 30. OUT OF CLASS PAY An employee that works in a higher pay classification for a period of two (2) consecutive weeks or longer shall receive the higher rate of pay for all time served in said higher pay classification job excluding the first week. While assigned to such duties, the employee shall be paid the entry level rate for working in that classification or at a step that would allow for a rate increase above his/her current rate of pay. 31. ORGANIZATION/ASSOCIATION MEMBERSHIP The City of Brookings encourages employees to belong to organizations or associations that will assist them in performing their work. 32. OUTSIDE EMPLOYMENT/ACTIVITY 32A. Holding a second job elsewhere is subject to critical appraisal only if it conflicts with the full performance of the employee and the interests of the City. The City Manager and Department Head should be informed of the outside employment. 32B. Employees shall not engage in outside activities while on duty. City employees shall not participate in any activity or enterprise which is contrary to the Conflict of Interest ordinance adopted by the City Council or inconsistent, incompatible, December 18, 2012 City of Brookings 73 or in conflict with the duties and responsibilities of their position. The City Manager shall make the ultimate determination as to whether or not a specific activity is prohibited. 33. POLITICAL ACTIVITY 33A. Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted to points 33B.1, 33B.2, 33B.3 and 33B.4 as provided below. In all cases, activities must be in compliance with the Conflict of Interest ordinance as adopted by the City Council. Failure to comply with this provision may result in disciplinary action against the violator. 33B. Any officer or employee of the City of Brookings, whether elected or appointed, may seek any political office while employed by the City, provided: 33B.1 that said officer or employee may not seek any political office or actively campaign for any political office until after having submitted in writing to the City Manager, their intention to seek a political office; 33B.2 that said officer or employee never campaign in any manner whatsoever during hours of employment; 33B.3 that it is mandatory that said officer or employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 33B.4 an employee of the City of Brookings may not campaign on behalf of any candidate for City Council. This does not preclude an employee from running for City Council as long as that employee adheres to Item 33B.3 above. 33C. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 34. PUBLIC RELATIONS All City employees are expected to maintain high standards of conduct and cooperation in their duties for the City. The City feels an employee accepts an additional responsibility to his/her community by accepting a position in municipal government, and urges our employees to act accordingly when off the job. 35. GIFTS AND GRATUITIES As is outlined in the Conflict of Interest ordinance adopted by the City Council, it is the policy of the City of Brookings that employees are prohibited from soliciting or accepting any rebate money, or costly entertainment, gift or gratuity (except memento and novelties of nominal value) from any person, company, firm, or corporation, in the hope or expectation of receiving a favor or better treatment than that accorded other persons. December 18, 2012 City of Brookings 74 36. PAY PERIOD 36A. Pay periods are monthly and the system is a “computerized checkless payroll”. This means that employee payroll checks are not issued, but net earnings are deposited to the employee’s checking or savings account in any of the local banks in Brookings on the last working day of each month. A complete record of earnings, less deductions illustrating net earnings (the amount deposited in the employee’s account) is distributed to all employees each pay day. Questions relative to payroll are to be directed to the City Finance Office. In order to allow enough time to prepare the payroll, cut-off dates are established with provisions to adjust records and payments on the next month’s payroll. 36B. Full-time employees are paid hours from the first day of the month through the last day of the month utilizing the proposed schedule to determine regular working hours after the cut-off date. Monthly cut-off dates will occur before the end of the month and all full-time employee payroll records are subject to adjustments from cut-off date to the end of the month. Those adjustments would apply to the next month’s payroll and will be shown on that check. 36C. The City is required to deduct the following items from an employee’s pay: 36C.1 Federal Withholding Income Tax - The amount deducted will depend on amount earned and the number of dependents claimed. 36C.2 Social Security (FICA) - This deduction is an amount fixed by law with a like amount contributed to the employee’s account by the employer. 36C.3 Retirement contributions 36C.4 Additional deductions may be made for the following: a. Insurance - life, health, dental, and vision b. Credit Union c. Annuities d. Retirement (spouse option) contributions e. Union dues, application fees and assessments 37. F.I.C.A. (SOCIAL SECURITY) The City of Brookings is a participant in Federal Insurance Compensation System (Social Security). Participation in FICA is mandatory for all employees employed by the City. 38. TAX DEFERRED ANNUITIES The City of Brookings offers a payroll deduction Tax Deferred Annuity Program for all employees. This is an investor directed, professionally managed annuity. The entire cost is paid by the employee, but reduces the employee’s gross income for tax withholding purposes. This can be a retirement and tax saving program for employees. 39. INSURANCE 39A. The City of Brookings offers insurance coverage to all regular full-time employees. Group health, dental, vision, accident, and life insurance is available for all qualified employees. The City of Brookings pays 75% of the total cost of group health for individual or family coverage for all employees; 75% of the December 18, 2012 City of Brookings 75 single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 39B. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System (SDRS) retirement benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 39C. If any employee, including Fire and Police, is covered under the City health insurance plan either by spouse or dependent coverage, they would not be permitted to be covered by an individual policy also with the City. 39D. New employees desiring health, vision and life insurance coverage must enroll within thirty (30) days of the first day on which they are eligible for coverage to avoid incurring an additional waiting period prior to the application of coverage. The waiting period to enroll in dental insurance is 90 days from the date of hire. New employees not enrolling within thirty days after the employee is first eligible for coverage, or current employees not currently on the Health Insurance Plan (and in the absence of a qualifying event) will be considered late applicants. Late Applicants are required to make a written request for late enrollment and will be subject to an 18 month waiting period. At the end of the 18 month waiting period, the late applicants will be eligible to join the plan with no pre- existing condition limitations. Employees who terminate their employment will terminate the group plan upon date of termination, and may transfer to an individual contract or may continue group coverage through COBRA. However, the total premium will be paid by the terminated employee. Arrangements must be made prior to employee’s last day of employment. 39E. Employees on leave of absence without pay may make arrangements for continued coverage. 39F. City employees also have the opportunity to secure individual policies for cancer and intensive care insurance at a group rate. The entire cost of this optional policy must be paid for by the employee. December 18, 2012 City of Brookings 76 40. RETIREMENT The City of Brookings is a member of the South Dakota Retirement System. Participation is mandatory and will be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. Termination of employment will also be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. 41. SEXUAL HARASSMENT 41A. Sexual harassment is a grievable offense when it meets the following criteria: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 41A.1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 41A.2 submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 41A.3 such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment. 41.B If an employee feels that he/she is being sexually harassed, he/she should make his/her feelings known to the offender. If the problem is not resolved, he/she is to report the harassing behavior to his/her supervisor. If that is not practical, the employee is encouraged to report the situation to his/her Department Head, the City Manager, or the Human Resources Director. 41C. If employees have questions about sexual harassment, they are encouraged to contact the Human Resources Director or the EAP. 42. ALCOHOL AND DRUG ABUSE 42A. Purpose - This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of the municipality and employees. It is the policy of the municipality to maintain a safe, healthful and productive work environment for all employees. To that end, the municipality will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the municipality’s reputation. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination, or in not being hired. 42B. Policy - It is municipal policy that employees shall not report to work under the influence of alcohol or drugs, possess, while on duty or subject to being called, or utilize such substances while they are subject to municipal duty, sell or provide drugs or alcohol to any other employee or to any person while such employee is December 18, 2012 City of Brookings 77 on duty or subject to being called, or have their ability to work impaired as a result of the use of alcohol or drugs. 42B.1 While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor, before beginning work, when taking medications or drugs which may interfere with the safe and effective performance of duties or operation of municipal equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician will be required. 42B.2 The municipality reserves the right to search, without employee consent, all areas and property in which the municipality maintains full control or joint control with the employee. Otherwise, the municipality may notify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the municipality. 42B.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until an authorized municipal representative or law enforcement representatives can transport the employee from the work site. An employee will submit to a portable breath test if the presence of alcohol is suspected. The employee will submit to a urine drug screen if the presence of drugs is suspected. 42B.4 The municipality is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal law. An employee may be considered handicapped if that employee’s current use of alcohol or drugs does not prevent the individual from performing the duties of the job in question, or whose employment would not cause a direct threat to property or safety. 42C. Application This policy applies to all employees of and to all applicants for positions with the municipality. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of the job. 42D. Employee Responsibilities An employee must: 42D.1 Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to alcohol or drug use, on or off duty; 42D.2 Not possess or use, alcohol or drugs (illegal drugs and legal drugs without a prescription) during working hours or while subject to duty, on breaks, during meal periods or at anytime while on municipal property; December 18, 2012 City of Brookings 78 42D.3 Not directly or through a third party sell or provide drugs or alcohol to any person or to any other employee while either employee or both employees are on duty or subject to being called; 42D.4 Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of municipal equipment; 42E. Management Responsibilities and Guidelines Department heads and supervisors are responsible for consistent enforcement of this policy. 42E.1 Department heads and supervisors may prevent an employee from engaging in further work when a department head or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. “Reasonable suspicion” is a belief based on objective and articulate facts sufficient to lead a reasonable prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced. 42E.2 For example, any of the following, alone or in combination, may constitute reasonable suspicion: a. Slurred speech; b. Alcohol on breath: c. Inability to walk a straight line; d. An accident involving municipal property; e. Physical altercation; f. Verbal altercation; g. Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority; h. Possession of alcohol or drugs; i. Information obtained from a reliable person with personal knowledge; 42E.3 Department Heads and supervisors shall not physically search employees. 42E.4 Department Heads and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the municipality. 42E.5 Department Heads and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription. 43. EMPLOYEE ASSISTANCE PROGRAM 43A. It is the policy of the City to help employees experiencing behavioral/medical problems which not only affect their personal lives but often result in poor job December 18, 2012 City of Brookings 79 performance. The City recognizes alcohol/drug abuse and addiction and other medical behavioral problems as treatable illnesses. The City also recognizes that other mental conditions can be successfully treated. Alcohol and drug abuse, behavioral problems and other mental conditions are defined as a social/medical problem in which the employee’s job performance is directly impaired. The City’s Employee Assistance Program (EAP) is available to be used for the purpose of helping employees resolve personal problems that adversely affect their personal lives and job performance. 43B. Any employee who is experiencing personal or medical behavioral problems (i.e., alcoholism, drug abuse, marital, legal, financial, emotional, family, etc.) is encouraged to voluntarily seek confidential and professional counseling. The Employee Assistance Program services are available to all employees and their immediate family members. 43C. The Employee Assistance Program is designed to assist employees regardless of their job title or responsibilities in obtaining the correct professional help for their needs. Employees may take advantage of the program by contacting the EAP Counselor as described in the employee orientation sessions and in the EAP information pamphlet. An EAP counselor is available to assess the employee’s situation and advise the employee of available alternatives for help. Arrangements will be made for the employee to be seen by a professional who is specially trained in the problem area. 43D. When performance problems are not corrected with normal supervisory attention, an employee will be referred to the assessment and referral counselor to determine whether personal problems are causing unsatisfactory performance. The employee shall be required to cooperate with the prescribed remedial program. If performance problems are corrected, no further action will be taken. If performance problems persist, the employee will be subject to normal corrective procedures. 43E. Confidentiality is one of the most important aspects of the program. If the employee contacts the EAP directly, no one in the Company will know about it, unless the employee tells them. Participation in the Employee Assistance Program will not jeopardize the employee’s job security nor will it affect future promotional opportunities. If an employee’s supervisor refers him/her, the EAP counselor will let the supervisor know if the employee has kept the appointment, and whether he/she has agreed to accept the help that was offered. No information concerning the nature of the problem will be released without the employee’s written consent. With this policy, any employee who suspects that he/she has an alcohol, mental health or drug problem, even in its early stages, is encouraged to seek diagnosis and follow through with the prescribed treatment as necessary. 43F. There is no charge for the initial assessment. The City will incur such expenses for treatment and/or hospitalization as provided under the group health insurance program. However, if costs are incurred for rehabilitation services December 18, 2012 City of Brookings 80 that are not covered by insurance or other benefits, such costs will be the responsibility of the employee. 44. SAFETY POLICY 44A. Safety Statement The City of Brookings will attempt to provide the safest possible working conditions for its employees. 44B. Policy Statement 44B.1 Safety will be given primary importance in planning and operating City activities in order to protect City of Brookings employees against occupational injuries and illnesses, and to protect the City against unnecessary financial burden and reduced efficiency. 44B.2 Each employee is responsible for the safety, well being, and safe work conduct of themselves and those that report to or are assigned to him/her. 44B.3 To carry out this policy, the City will: 44B.3.a Maintain safe and healthful working conditions. 44B.3.b Furnish, within reason, the best available mechanical safeguards and personal protective equipment, where in its judgment, they are needed. 44B.3.c Maintain an active and aggressive program to promote safety awareness. 44B.3.d Insist that all employees observe established safety regulations and practices and use the safety equipment provided. 44C. Purpose Employees of the City of Brookings are considered valuable assets; their safety is of vital concern. Recognizing its need and responsibility for the safety of its employees, the City considers accident prevention and safe and healthful working conditions integral parts of an efficient and well run organization. 44D. Membership of the Safety Committee 44D.1 Membership of the Safety Committee will be composed of one representative from each of the following departments with equal representation of management and union employees: Community Development, Engineering/Airport, Finance, Fire, Human Resources, Library, Liquor Store, City Clerk, Park/Recreation/Forestry, Police, Solid Waste, and Street. 44D.2 The Human Resources representative shall be the only permanent representative and shall be chairperson of the Safety Committee. 44D.3 All other members will serve three year terms with a staggered rotation schedule to provide continuity. 44D.4 Each year the chairperson will submit a list of proposed candidates to fill vacated Committee seats to the City Manager for appointment. If a department does not December 18, 2012 City of Brookings 81 submit a proposed candidate from their department to serve on the Safety Committee, that department will not be represented on the committee. 44E. Duties of the Safety Committee 44E.1 The Safety Committee will review the South Dakota First Report of Injury Reports and Minor Injury reports submitted to the Human Resources Officer during the preceding month. 44E.2 The Safety Committee shall bring to a department management’s attention the need for corrective action of any safety and housekeeping problems the Safety Committee deems necessary. It shall be management’s responsibility to review and/or investigate the recommendation made and respond to the Safety Committee in writing of the disposition of the recommendation. If the Safety Committee is not satisfied with the response of management or has not received a timely response, the issue can be referred to the City Manager for a final decision on the matter. 44E.3 The Safety Committee will investigate complaints of violations of Brookings City safety procedures and take appropriate action to remedy them. 44F. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 45. STORM POLICY 45A. Prior to the occurrence of inclement weather, the City Manager and Department Heads will identify those positions and employees that are essential to carry on the City operations and who must be present at work during a storm. Those employees will be required to report for work via their own means of transportation or City provided transportation. 45B. Employees who are not identified as being essential to carry on operations shall have the option of “working or not working”. Those that work must utilize their own means of transportation. 45C. Employees who choose not to work or are unable to work their regular scheduled shift due to inclement weather will have to utilize vacation leave or leave of absence without pay. Employees whose absence is four hours or less will have the option of making up the time not worked. 45D. Due to work load or such other conditions as may warrant, the City Manager or Department Heads may identify additional employees who were not initially identified as an essential employee. Department Heads may use discretion in calling in additional employees and such employees will be provided transportation and will be compensated at their regular rate of pay. 45E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice storm, tornado or any other emergency. December 18, 2012 City of Brookings 82 46. HOLIDAYS 46A. It is the policy of the City of Brookings to afford all regular full-time employees ten (10) paid holidays each year. The City recognizes the following holidays: New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Independence Day Labor Day Native Americans’ Day Veterans’ Day Thanksgiving Day Christmas Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. All allowed holiday pay shall be defined as eight (8) hours of compensation to be used based on employees regular rate of pay and cannot be used in less than 8 hour increments. 46B. If the designated holiday falls on a Saturday, the preceding Friday is observed, and if the designated holiday falls on Sunday, the following Monday is observed (except for shift workers). 46C. Employees scheduled to work on any one of the 10 above listed holidays will be paid time and one-half for the number of hours actually worked as well as 8 hours of Holiday Pay to cover the payment of the above benefit. 46D. If an employee is on a scheduled day off when a holiday is observed, the employee will be given an alternate day off in honor of the specific holiday within 180 days from the date of the holiday. Payment for the 8 hours of holiday pay will be given at that time. 46E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. 46F. An employee who is on paid leave of absence will be eligible for holiday pay for a designated holiday observed during the leave of absence. 46G. An employee who is on unpaid leave of absence will not be eligible for holiday pay for a designated holiday observed during the leave of absence. 46H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, the employee must work their last full scheduled shift preceding the holiday and their full scheduled shift after the holiday to be paid for the holiday. If in the event the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent. December 18, 2012 City of Brookings 83 46I. Employees who are scheduled to work on their normal day off due to a holiday, without a seven (7) calendar day written notice of a schedule change, will be given an additional eight (8) hours off with pay to be used within 180 days of the day on which it was earned and to be scheduled with the approval from the employee’s department head. 46J. Holiday pay shall not be used in the computation of overtime. 47. VACATION LEAVE 47A. It is the policy of the City of Brookings to grant vacations with pay to provide regular full-time employees with periods of rest and recreation in recognition of services performed. Vacation leave for eligible employees for each vacation year is based upon length of service. 47B. Employees will accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 years of service - 10.00 hours per month After ten but less than 20 years of service - 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said vacation leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of vacation leave in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 47C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours (35 days) of vacation. Cash payments in place of vacation privileges are not permitted unless the employee is discontinuing employment. 47D. The accrual date for vacation is the employee’s hire date. 47E. Employees may use accrued vacation during their probationary period, however, the employee may not use more hours than in vacation accrual balance. If employee leaves employment prior to the end of the introductory period, any vacation used during this period must be repaid to the City of Brookings. 47F. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 47G. Employees will not receive additional vacation time off due to illness of disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 47H. Requests for vacation leave must be approved by the employee’s Department Head prior to the time of departure and vacation will be paid at the employee’s December 18, 2012 City of Brookings 84 regular hourly rate. Leave requests will normally be granted at the time requested by the employee, unless operational necessity requires full staff. 47I. Employees who are laid off or discharged, who resign or retire after giving two week’s notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro-rata basis according to the time worked during the current vacation year. 47J. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous or not recommended by local authorities. This leave will be granted with the approval of the Department Head. 47K. Vacation will be granted on a first come - first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 47L. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Department Head directly for such determination. 48. SICK LEAVE 48A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 48B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to 260 days (2,080 hours) of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. 48C. After ten (10) years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of at the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 1,440 hours maximum accumulated sick leave. 48D. Requests for sick leave must be approved by the Department Head prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/her supervisor of his/her recovery. 48E. Sick leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said sick leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of sick leave in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 48F. Accrued sick leave may be used during the employee’s probationary period. December 18, 2012 City of Brookings 85 48G. Sick leave shall be paid at the employee’s regular hourly rate, and employees may use sick leave in no less than one-fourth (1/4) hour increments. 48H. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from use of three (3) consecutive sick working days or where a pattern of sick leave may require verification by a medical doctor, frequent absences exist and should be turned in to the Department Head. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 48I. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 48J. The accrual date for sick leave is the last working day of the month. 48K. Sick leave shall be granted to employees: 48K.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 48K.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 48K.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; or immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step- relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, manager may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015. 48K.4 when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 48K.5 for up to twenty (20) five (5) working days of paid sick leave for the placement adoption of a child for adoption and up to three working days of paid sick leave for the father employee of newborn child(ren) to assist with care and/or delivery. If employee is eligible for the provisions of the Family and Medical Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover additional FMLA leave period. December 18, 2012 City of Brookings 86 49. SPECIAL LEAVE Leave with Pay The Department Head will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 49A. Funeral The City will permit any regular full-time employee to be absent from work without loss of pay, based on his/her regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral for a member of the immediate family or a relative. Pay shall be granted ten (10) hours for employees on ten (10) hour shifts and eight (8) hours for employees on eight (8) hour shifts, maximum forty (40) hour week plus authorized overtime. Additional time beyond the three days may be charged to vacation or sick leave at the discretion of the Department Head. Immediate family for bereavement leave includes: spouse, parents, children, siblings, grandparents, grandchildren, spouse’s parents, son-in-law, daughter-in-law, brother-in-law or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. In the event of a funeral of a family member not included within the relative or immediate family definition or a close friend, an employee may take a reasonable amount of time off with pay to be charged as vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 49B. Voting Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 49C. Jury or Court If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon returning to work, he/she shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 49D. Firefighters and Honor Guard If any employee is called to a fire as a volunteer firefighter or required to serve as Honor Guard in the immediate Brookings area, he/she shall continue to be paid at his/her regular rate. 50. MILITARY LEAVE 50A. Regular full-time employees serving in the Military Reserve, S.D. Army National Guard, Air National Guard, or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City. If such service exceeds two (2) weeks, the City will not supplement the pay; however, there will be no loss of seniority, and employees may utilize vacation leave. In the event of a mandatory call up for a December 18, 2012 City of Brookings 87 national or state emergency, differential pay will be paid for four (4) weeks. In the event an employee volunteers or it is deemed mandatory for temporary duty (TDY), differential pay will be compensated for up to five (5) working days. The above periods of times considered for differential pay will be per calendar year. Differential pay shall include quarters allowance, in addition to base pay. 50B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 50C. All applications for military leave must be approved by the Department Head and City Manager. The request must be accompanied by a signed copy of the military orders. 50D. Employees having attained seniority with the City, who are compelled by Federal and/or State Law to serve in military forces during a period of war or emergency shall: 50D.1 Continue to accumulate seniority with the City during his/her absence. 50D.2 Give the City written notice within ninety (90) days after he/she is eligible for discharge from the service of his/her desire to return to work. The date he/she desires to return to work shall be contained in such written notice and shall not be later than ninety (90) days after he/she is eligible for discharge. 50D.3 After provisions in the above section 2 have been carried out, the employee shall return to work provided he/she is physically qualified to do so and the regular rules of seniority shall prevail. 51. MEDICAL LEAVE OF ABSENCE 51A. City of Brookings employees must complete medical leave of absence paperwork for all medical related time away from work which exceeds or is expected to exceed 7 (seven) calendar days. Employees with sick leave accrual in his/her balance may use sick leave for absences with a doctor’s certification of the inability to work. Employees anticipating the need for a medical leave of absence will be allowed to work until a doctor’s statement is received indicating that the employee has restrictions for which the employer is unable to accommodate. If the City is unable to accommodate restrictions and/or the employee is unable to perform the essential functions of his/her position, the employee may be involuntarily placed on sick leave as a reasonable accommodation. 51B. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 51C. Employees who have not accumulated a sufficient amount of sick leave to use during the medical leave of absence will have to utilize vacation leave. Upon exhaustion of vacation leave, a leave of absence without pay may be requested. The employee shall be allowed to take a medical leave of absence with pay until his/her sick leave is exhausted as long as the employee has a physician’s certification stipulating the inability to perform job duties. December 18, 2012 City of Brookings 88 51D. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 52. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval of the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. An employee requesting to attend college classes which may interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 53. INJURY LEAVE An employee injured while on the job must promptly notify his/her Department Head or supervisor. All medical and hospital expense shall be paid for in accordance with Worker’s Compensation and the City policy. The City policy in injury leave shall be to compensate the employee up to a maximum of 960 hours per injury, for those injuries which qualify for Workers Compensation lost time benefits, at the rate of pay he/she was making at the time of accident, less the amount he/she receives from Worker’s Compensation. Injury leave availability shall include return of leave for any other leave taken during the initial seven consecutive day waiting period. After the 960 hours per accident, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for disability under provisions of the Worker’s Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, he/she will be eligible to receive compensation payable under the Worker’s Compensation Act in addition to eligible retirement benefits. All vacation, sick leave and holiday leave earned while on injury shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be required to utilize sick, vacation, or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven day loss time requirement has been met. 54. LEAVE WITHOUT PAY 54A. Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not December 18, 2012 City of Brookings 89 to include FMLA leave taken), subject to the approval of their Department Head, Human Resources Director and City Manager and providing all vacation leave and/or sick leave has been exhausted. 54B. Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the employee’s immediate supervisor prior to the leave. 54C. The request will be considered on the basis of the present work load or anticipated work load, and the circumstances of the request. 54D. A leave of absence without pay will not be granted to seek other employment. Leave of absence without pay is a benefit offered to employees who have exhausted their vacation and/or sick leave. Employees on a leave of absence for less than sixty (60) calendar days will continue to accrue seniority, and their job may be held for them. Employees on a leave of absence in excess of one-half month will not accrue any leave for that month and must pay for the entire cost of insurance if they wish to continue coverage. No other benefits will be provided by the City during a leave of absence without pay. An employee’s anniversary date will not be affected unless the leave of absence is in excess of sixty (60) calendar days; then the anniversary date will be changed according to the number of days the employee is absent from work without pay. 54E. Any other leave of absence that is not covered in this contract shall be determined on an individual basis by the City Manager. 55. ABSENTEEISM 55A. Employment is a matter of mutual agreement. In return for offering a reasonably reliable income, the City is entitled to reasonably reliable performance. The City has the right to expect that employees will be present, ready to work, when and where they are assigned. 55B. Employees who are absent from work shall be responsible for notifying their supervisor when they are absent and when they will report back to work. Disciplinary action shall be taken if employees fail to comply with City rules. 55C. Absence of any City employee that is not authorized shall be without pay. Any employee who absents himself/herself for three (3) consecutive days without leave shall be deemed to have resigned. 55D. Departure from assigned work schedules must be requested and approved in advance by the employee’s immediate supervisor. 56. TRAVEL The City of Brookings encourages management and non-management staff to attend and participate in professional meetings, training seminars, and educational courses. 56A. Authority - The Department Head must approve all same day travel in the State of South Dakota. The Department Head and City Manager must approve all overnight travel and travel outside the State of South Dakota. It is the responsibility of the Department Head to request travel as far in advance as possible. Employees who attend training outside of the department will be December 18, 2012 City of Brookings 90 compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Department Head, based upon FLSA guidelines. 56B. Travel Route - The most direct route shall be traveled, and costs thereof shall be reimbursed to the employee for pre-approved travel as provided by the City travel policy. Any additional travel for personal convenience while enroute which interrupts the direct travel route shall be at the expense of the individual. If extra time is involved in addition to normal travel time, vacation leave must be utilized. 56C. Travel Expenses - Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by the City travel policy. Mileage will be paid in accordance with current City schedules. In no instance will the City travel rates be less than the South Dakota State rates. 56D. Travel Advance - The City of Brookings employees may request and may be advanced money for reimbursement of personal expenses incurred in official City business travel prior to their departure. 56D.1 Employees must show that special circumstances such as the duration of the trip, the amount expected to be spent, etc., exists, and would pose a hardship to him/her. Approval from the City Manager must be received before an advance payment can be made. 56E. Administrative Procedure - All claims for reimbursement shall be submitted on the authorized travel form after completion of travel. Receipts for lodging, incidentals, modes of travel, registration fees, etc., must be attached to the travel form. 56E.1 Reimbursement for travel by use of a private vehicle must be accompanied by the miles claimed. 56E.2 Travel claims must be filed within thirty (30) days for reimbursement. 57. VOLUNTEER FIRE DEPARTMENT TRAINING Regular full-time employees who are members of the Brookings Volunteer Fire Department may attend Fire Training Programs or schools if approved by the Department Head. Employees’ vacation time shall be used for these training programs or schools. Expenses and per diem allowances shall be paid by the Brookings Fire Department as provided in the Volunteer Fire Department Training Policy. In a fire emergency, regular full-time employees who are members of the Brookings Volunteer Fire Department may request up to 15 work days off without pay per calendar year to assist other areas if appropriate documentation is presented to substantiate the need for the leave. Such time off would not affect the accrual of benefits for the month. 58. LICENSES AND CERTIFICATES 58A. The City of Brookings has established several positions which require a license or certificate as a minimum qualification. As a benefit to employees, the City will reimburse the employee for expenses and fees required to obtain a license or December 18, 2012 City of Brookings 91 certificate. The City, however, will only reimburse costs for the first three (3) attempts at securing a license or certificate. 58B. City employees who attend license or certificate training sessions in excess of four (4) weeks in duration shall be required to sign a statement prior to attending the training, guaranteeing the City an additional two (2) years of service. Employees who fail to return a total of two (2) years of service shall reimburse the City a prorated share of the total cost. Cost of the training shall include transportation, room and board, and the cost of the training session. 59. EDUCATIONAL MATERIAL The City of Brookings is interested in keeping employees up-to-date on the latest technical advances. Therefore, educational material that is available and will assist City employees in performing their job duties may be purchased by the City. 60. BREAK TIME 60A. The lunch period is one (1) hour in length during an eight (8) hour working day, unless mutually agreed otherwise. The lunch period should be taken sometime midway through the employee’s work shift. The department manager and/or supervisor retains the right to schedule employee’s lunch and rest periods to fulfill the operational needs of the various work units. 60B. Rest breaks will be granted twice daily during 8 and 10 hour work shifts and three times daily for 12 hour work shifts at the Ice Arena for twenty (20) minutes each. Rest periods may not be accumulated for time off or used to leave work early. 61. MISCELLANEOUS 61A. Employees may maintain residence outside the city limits. 61B. Employees may request time off without pay. 61C. Physical Fitness It shall be the responsibility of each employee to maintain the standards of physical fitness and condition required to perform his/her job. Whenever a Department Head suspects the physical condition of an employee is endangering his/her own health or the safety of his/her fellow workers, he/she may request the employee to submit to a medical examination by his/her physician without expense to the employee for the purpose of determining whether the physical condition of the employee may affect job performance of the employee or the safety of his/her fellow workers. 61C.1. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00 20.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is December 18, 2012 City of Brookings 92 to be reimbursed. The City will not participate in any way in initiation fees. 61D. Degree of Illness or Injury Employees shall be responsible for reporting to their Department Head or Supervisor any diagnosed illness or injury that may affect their job performance or the safety of his/her fellow workers. 61E. Prescription Safety Eyeglasses Effective January 1, 2013, for those employees who wear prescription eyewear who perform jobs, duties, or tasks requiring eye protection, a program has been established in which those employees may request through their supervisor prescription safety glasses. The prescription safety glasses system shall meet the ANSI Z87 standards which include permanently mounted side shields. Employees may make their choice of frames from frames which meet this ANSI standard. The maximum allowable charges that the City will be responsible for in the purchase of this prescription safety eyewear are as follows: Single vision lens & frames: Maximum $135.00 Bifocal lens & frames: Maximum $155.00 Trifocal lens & frames: Maximum $165.00 Progressive or other special need lens & frames: Maximum $245.00 The City will assume only the cost of the glasses. Any testing or eye examinations associated with the glasses will be at the expense of the employee. Employees are eligible for a replacement set of prescription safety glasses once every 12 months, but only in circumstances in which a change is needed due to a prescription change. 62. UNIFORMS AND EQUIPMENT 62A. In positions requiring additional gear, it shall be provided for employees by the City. Employees are responsible to turn in worn-out clothing or defective equipment to their supervisor prior to being issued new replacements. 62B. For positions which have been predetermined by the Safety/Wellness Committee to require safety boots/shoes, effective January 1, 2013, an allowance of 50% up to a maximum of $50.00 per calendar year will be provided to the employee for the purchase of safety boots/shoes if the need for replacement has been identified by Department Head and approved by Finance Manager. Employees must provide actual receipt with the request for reimbursement. 62CB. Uniforms and equipment is a proper topic for committee for union management cooperation. December 18, 2012 City of Brookings 93 63. STANDBY TIME 63A. Beginning January 1, 2007, Wwhen any employee is designated to be on call or standby for a period of one (1) week, he shall receive, in addition to his regular salary, fifteen dollars ($15.00) per day for contract year 2010 and twenty dollars ($20.00) per day effective January 1, 2011, plus time and one half for any hours worked, while working standby. Employees scheduled to be on standby Saturday, Sunday or any scheduled holiday, shall receive twenty dollars ($20.00) per day for contract year 2010 and twenty-five dollars ($25.00) for Saturday, Sunday, or any scheduled holiday effective January 1, 2011. He/she shall not be scheduled more often than once each month on a rotation basis, unless the employees work under another arrangement, acceptable to the department head and City Manager. If a standby service should fall on a regularly authorized holiday, the employee shall receive salary for that day in addition to the standby pay for that period. 63B. Employees on Standby are expected to be available for duty at any time in the same condition as would normally be expected of an employee for the performance of their duties. Individuals must be constantly available for contact by phone or by pager (with pager to be provided by the City) and are expected to report for duty within thirty (30) minutes barring unforeseen circumstances not within their control. 63C. When an employee is required to act as supervisor in charge of the Street Department due to the absence of the Street Superintendent, that individual will be compensated, in addition to his regular salary, a daily rate of twenty-five dollars ($25.00) per day on weekdays (Monday through Friday) for contract year 2010 and thirty-five dollars ($35.00) per day on weekdays (Monday through Friday) effective January 1, 2011 and $35.00 per day on weekends (Saturday and Sunday) and city recognized holidays for contract year 2010 and fifty dollars ($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1, 2011. 64. SHIFT DIFFERENTIAL 64A. All hours worked after 6:00 PM until the next normally scheduled work day start time, shall be paid at the applicable rate plus sixty cents ($0.60) fifty cents ($0.50) an hour until the completion of the shift. 64B. Employees working from 6:00 PM Friday until the next scheduled shift start time on Monday and day time hours on holidays, shall receive sixty cents ($0.60) fifty cents ($0.50) per hour additional. 65. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours of work or two (2) hours pay in lieu of work. This minimum shall not apply to work performed immediately before or immediately after an employee’s regular work shift. December 18, 2012 City of Brookings 94 66. HAZARDOUS PAY When an employee of the Forestry Department is trimming trees requiring the use of aerial bucket and/or ropes, the removal of trees, or around overhead electrical distribution lines, or while operating a wood chipper or stump cutter; or an employee is required to work on the ground near the front end loader grappling forks; or an employee is required to work with the asphalt recycling unit, steamer, or the oilers in the Street Department, that employee shall, in addition to his regular pay, receive hazardous pay for all times spent in said hazardous duty of Two Dollars and Seventy-Five Cents ($2.75) per hour. Employees will also receive this hazardous pay during handling and/or clean-up of chemicals effective January 1, 2013. 67. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours. Use of comp time must be approved by the Department Head and may not result in overtime needing to be paid to cover a shift. 68. LONGEVITY 68A. Regular full-time employees shall be eligible for longevity pay based upon length of full-time continuous service with the City of Brookings. Length of service shall be the full number of years of service as of the hire date of the employee’s employment. Years of service must be continuous years of service. 68B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that their anniversary of continuous employment falls. 68C. The amount of longevity pay shall be at the rate of $6.00 per month per year with a cap of 30 years after completing five (5) years of continuous full-time employment. EXAMPLES: 5 years of employment $30.00 per month 8 years of employment $48.00 per month 10 years of employment $60.00 per month 69. WAGES (See Appendix A - attached) 69A. Commencing January 1, 2013 2010, there shall be a 2.75% 2% increase to the City of Brookings Pay Plan. 69B. Commencing January 1, 2014 2011, there shall be a 2.75% 3% increase to the City of Brookings Pay Plan. December 18, 2012 City of Brookings 95 69C. Commencing January 1, 2015 2012, there shall be a 2.5% increase to the City of Brookings Pay Plan the Pay Plan will be adjusted by the average percentage of the six months (December 2010 to May 2011) of the Consumer Price Index – Midwest Region with that rate being no lower than 2.5% and no higher than 3.75%. 70. DEFINITIONS As used in this document, the following words and terms, unless the context clearly requires otherwise, shall have the meaning as indicated. 70A. Grade or Class of Positions - A group of positions sufficiently alike in duties, authority and responsibility to justify the same title, qualifications and schedule of pay to all positions in this group. 70B. Compensation - All forms of valuable consideration, including salaries or wages earned by or paid to any employee by reason of service in a position with the City. 70C. Demotion - An involuntary change in classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. (This definition shall not include down-grades.) 70D. Voluntary Reclassification - The voluntary classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. 70E. Relative - The employee’s grandparents, grandchildren, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, and members of the immediate family. Step relatives are also included in above classifications. 70F. Immediate Family - The employee’s spouse, parents, spouse’s parents, son or daughter, brother, sister, step-parents, step-brother, step-sister, step-children and/or legal guardian or ward. 70G. Discharge - The permanent involuntary separation of an employee from his/her position for cause. 70H. Employee - A person legally occupying a position with the City or on authorized leave of absence from such service. Elected officials and members of appointed Boards and Commissions shall not be considered as employees, nor shall the provisions of this document be applicable. 70I. Probationary Period - A working test period of six (6) months during which an employee is required to demonstrate his/her fitness for the duties to which he/she is appointed by actual performance of the duties of the position. 70J. Promotion - A change in the position of an employee from one grade to a position in another grade having a higher maximum salary range. (This definition shall not include upgrades.) 70K. Transfer - The change of an employee from one position to another position in the same grade or another grade having the same maximum salary range, involving the performance of similar duties and requiring substantially the same basic qualifications. December 18, 2012 City of Brookings 96 70L. Hire Date - The hire date will be the date upon which an individual became a regular full-time employee. That date does not change with any changes of duties. If an individual is re-employed, only the date of his/her current re- employment shall serve as the official date of employment for all personnel transactions, except for employees who have re-employment rights due to layoff. 70M. Anniversary Date - The anniversary date is the date in which an individual becomes employed within a current job description. The anniversary date would not change unless there was a promotion or transfer during their employment. If a promotion was received within the same department, their anniversary date would change to the date in which the promotion was effective. The anniversary date would also change if they transferred from a position within one department to a different position within another department. There would be no change in the anniversary date in a situation in which an employee’s job description is re-evaluated due to a change in duties, etc. Under that circumstance, the anniversary date would remain at the date in which the employee entered his/her position. 70N. Reclassification - The change in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments which causes a change in the class title of the position. 70O. Department Heads - Those persons appointed by the City Manager to manage and administer the work and personnel of their respective departments. They shall consist of the City Clerk, Community Development Director, Human Resources Director, Finance Manager, City Engineer, Liquor Store Manager, Street Superintendent, Director of Solid Waste Management, Fire Chief, Parks, Recreation and Forestry Recreation Director, and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed by the Library board. 71. DURATION 71A. This Agreement shall be in full force and effect from January 1, 2013 2010, up to and including December 31, 2015 2012, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 2015 2012. 71B. When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the current contract year, advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 GENERAL DRIVERS AND HELPERS UNION, LOCAL 749 December 18, 2012 City of Brookings 97 ____________________________ ______________________________ City Manager Secretary-Treasurer ____________________________ ______________________________ Date Date APPENDIX A OFFICIAL SALARY SCHEDULE FOR THE YEAR 2013-2015 2010-2012 Explanation of Schedule There are six (6) steps for each non-Department Head position in the Salary Schedule. These rates shall be the minimum and maximum rate for the position. New employees will normally be hired at Step “A” in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of six (6) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/her ability to perform his/her duties. If employee does not satisfactorily demonstrate his/her ability to perform his/her duties by the end of the probationary period, the employee may be terminated or probationary period extended up to an additional six (6) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time and advance to the next higher step in grade based upon successful job performance. After completing an additional six (6) months, the employee may advance to the next higher step in grade based on satisfactory job performance and successful completion of each additional year of employment through step “F”. Occupational List of Class Titles Management Supervisory Series This series consists of those positions having a combination of assigned management tasks and the responsibility of supervising full-time personnel. Title Grade Sanitation Collector Supervisor 87 Forestry Supervisor-Arborist 8 Park Supervisor 8 Landfill Supervisor 9 Street Operations Supervisor __9 December 18, 2012 City of Brookings 98 Professional Series The positions in this series are distinguished by special requirements of education or training. They may be assigned management tasks and typically have a high degree of public contact. Title Grade Code Enforcement Officer 8 Engineering Technician I 9 Engineering Technician II 11 Maintenance and Equipment Operator Series Positions allocated to this series have classifications and duties involving the maintenance of public streets, parks and require the operation and/or repair of specialized equipment. The series also includes Apprenticeship positions. Title Grade General Laborer 3 Sanitation Collector 6 Solid Waster Worker 6 Airport Operations/Maintenance Technician 6 Park Technician 6 Forestry Technician 6 Street Maintenance Technician 6 Equipment Operator 6 Building Trades Technician 6 Advanced Equipment Operator 7 Landfill Advanced Equipment Operator 7 Building Trades Specialist 8 Shop Supervisor & Mechanic 8 Traffic Control Supervisor 8 Heavy Equipment Operator-Street 8 Heavy Equipment Operator-Landfill 8 Clerical Series This series consists of positions which involve office and clerical work with experience in typing, basic bookkeeping and record maintenance. Employees occupying these classifications generally assist the public either directly or over the phone and operate standard office equipment. Title Grade Landfill Scale Operator 3 Municipal Liquor Store Clerk 3 Receptionist/Office Clerk 3 Senior Secretary-Engineer 5 Executive Assistant - Engineering 7 Office Manager – Eng/Community Dev. 7 December 18, 2012 City of Brookings 99 Office Manager – Landfill 7 Office Manager-Streets 7 Accounting Officer – Park, Rec & Forestry 8 Accounting Officer II - Liquor 8 Solid Waste Coordinator 9 Position Allocation and Classification Plan Job Descriptions have been prepared and are on file with the Human Resources Director for each of the above titles. Every full-time employee is classified by these Job Descriptions. Movement from one classification to another requires the approval of the City Manager and must be consistent with the provisions to this agreement. Library The Brookings Library Board has the authority to appoint and employ all Library personnel. The class codes, class titles and job descriptions are uniform with the City Occupational Classifications and pay grades. Title Grade Circulation Assistant II-Technical Services Assistant 4 Interlibrary Loan Services Coordinator 4 Administrative Assistant/Library 5 Community Services Coordinator 5 Circulation Manager 6 Children’s Service Coordinator 9 Young Adult Services Coordinator 9 Adult Services Librarian 11 Technology Services Librarian 11 December 18, 2012 City of Brookings 100 11b. Action approving the City Police Department Employee Contract. CITY OF BROOKINGS POLICE LABOR CONTRACT 2010-2012 2013-2015 CITY OF BROOKINGS - POLICE LABOR CONTRACT THIS AGREEMENT made and entered into this 1st day of January, 2010 2013, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120 General Drivers and Helpers Union, Local 749, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, hereinafter referred to as the “Union”. 1. RECOGNITION 1A. The employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: 1A.1 All regular full-time employees employed in the Police Department of Brookings, South Dakota, including Patrol Officers, Sergeants, Investigators, Communication Operators, Police Clerk, Animal Control Officer, excluding the Chief, Captains, Assistant Chief, Lieutenants, Communications Commander, part-time personnel and all other City employees. 1B. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of this Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of this Agreement shall continue in force and effect. 3. MANAGEMENT RIGHTS 3A. The Union recognizes the prerogatives of the City Manager and City Council of the City to operate and manage its affairs in all respects in accordance with its responsibility and the powers of authority which the City has not officially abridged, delegated, or modified by this Agreement, and such powers and authority are retained by the City. 3B. These management rights include, but are not limited to the following: December 18, 2012 City of Brookings 101 3B.1 To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train, or re-train employees in positions with the City, and to suspend, discharge or take positions with the City, and to suspend, discharge or take other appropriate action against employees for just cause; 3B.2 To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 3B.3 To determine the objectives of the City and the method and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); the purchase and utilization of equipment; and the utilization of seasonal and part-time employees, as long as no full-time employees are laid off; 3B.4 To provide reasonable standards and rules for employees; and 3B.5 To determine the method of fulfillment of the objectives of the City, whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4. NON-DISCRIMINATION The Employer and the Union agree not to limit, segregate, or classify employees in any way to deprive any individual employee of employment opportunities, or discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, creed, sex, age, disability, or national origin, sexual orientation, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. Any employee who feels they have been discriminated against should bring this concern to his/her supervisor, or high authority, according to the grievance procedure specified in Section 10 of this contract. 5. BONDS Should the Employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 6. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 7. STEWARDS December 18, 2012 City of Brookings 102 7A. The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 7A.1 Investigation and presentation of grievances to Employer or the Employer representative in accordance with the provisions of this Agreement; 7A.2 Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during working hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 8. BULLETIN BOARDS The Employer agrees to provide adequate space on its bulletin boards for Union business notices. Union space will be allocated. 9. MILITARY LEAVE 9A. Regular full-time employees serving in the Military Reserve, National Guard or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City up to a maximum of two weeks per calendar year. If such service exceeds two (2) weeks, the City will not supplement the pay beyond the initial two week period. There will be no loss of seniority, and employees may utilize vacation leave. Service pay shall include quarters allowance, in addition to base pay. 9B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 9C. All applications for military leave must be approved by the Chief or his designee. The request must be accompanied by a signed copy of the military orders. 9D. Employees having attained seniority with the City, who are compelled by Federal and/or State Law to serve in the military forces during a period of war or emergency shall: 9D.1 Continue to accumulate seniority with the City during his/her absence. 9D.2 Give the City written notice within ninety (90) days after he/she is eligible for discharge from the service of his/her desire to return to work. The date he/she desires to return to work shall be contained in such written notice and shall not be later than ninety (90) days after he/she is eligible for discharge. December 18, 2012 City of Brookings 103 9D.3 After provisions in the above section 9D.2 have been carried out, the employee shall return to work provided he/she is physically qualified to do so and the regular rules of seniority shall prevail. 10. GRIEVANCE PROCEDURE 10A. Grievances are herein defined to be disputes involving the interpretation of this Agreement or City policies or ordinances or changes in working conditions affecting the employees covered by this Agreement. 10B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 10C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and submitted to the City Manager and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or business representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 10D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limit or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary, the employee and/or the Union may elect to commence the grievance procedure at the level of the City Manager. 10E. Time limits may be extended by mutual agreement. 10F. The Union has the authority to abandon a grievance. Abandonment of a grievance shall not set a precedence. 11. DISCHARGE OR SUSPENSION 11A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he is discharged or otherwise disciplined if the cause of such discharge is: 11A.1 Dishonesty; 11A.2 Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during the work shift. An individual will submit to a portable breath test if the presence of alcohol is suspected. In the event PBT shows positive, employees shall be offered the December 18, 2012 City of Brookings 104 opportunity to submit to a blood test and the expense of the blood test will be upon the City if the results are negative and upon the employee if results are positive; 11A.3 Personal possession or use of illegal drugs; 11A.4 Recklessness resulting in a serious accident while on duty; 11A.5 Failure to report an accident or criminal incident while on duty; 11A.6 Conduct which is unbecoming of an officer. 11B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged for without a warning letter. Depending upon the circumstances and upon just cause, a lessor discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the Department Head, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. 11C. Time limitations of such warning letter shall be consistent and uniform among like incidents but in no instance, shall it be for more than eighteen (18) months from the date of the incident causing this issuance. 11D. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 12. CITIZEN’S COMPLAINT Citizen complaints against officers shall be divided into two categories: non-criminal conduct and criminal conduct. Any citizen wishing to lodge a formal complaint against an officer shall be directed to the Office of the Chief of Police for determination of category and merit. The officer will be notified at a time appropriate based upon the circumstances of the investigation. 12.1 – Non-Criminal Complaints: Upon receiving a complaint and determining the complaint to be non-criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted internally by a command level officer designated by the Chief of Police or his designee, and may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 12.2 – Criminal Complaints: Upon receiving a complaint and determining the complaint to be criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted either internally by a command level officer, or by investigators from outside agencies so as to avoid any conflict of interest issues as chosen by the Chief of Police or his designee. The investigation may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. December 18, 2012 City of Brookings 105 12.3 – Determinations and Findings: Upon completion, the investigation summary shall be forwarded to the Chief of Police for review. The findings of the investigation shall be classified as follows: Sustained: The complaint is determined to be factual. Exonerated: The officer(s) did not commit the offense as stated. Unfounded: The allegation is false or not factual. Not Sustained: Not enough evidence to prove or disprove the allegations were found. Dismissed: The complainant withdrew the complaint or failed to cooperate with the investigation. 12.4 – Final Action: If upon completion of the investigation the complaint is sustained, the Chief of Police shall initiate the proper disciplinary action consistent with the City of Brookings Police Labor Contract and the policies of the City of Brookings and the Brookings Police Department. 12.5 – Officer Recourse: Any officer or employee who disputes either the findings of the investigation, or any associated disciplinary action resulting from the investigation, may protest the matter through the established Grievance Procedures of the City of Brookings Police Labor Contract and the Brookings Police Department. 13. REPRIMAND Any reprimand that can become part of an officer’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 14. WORK RULES Department General Orders, Work Rules, and the Department Policy and Procedure Manual shall be reviewed by the Chief and City Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. 15. COURT PAY In the event an employee is required to make an off-duty court appearance, he/she shall be paid a minimum of two (2) hours at time and one-half (1 1/2) his/her regular rate of pay. Each session of court, morning and afternoon, shall constitute a separate appearance if the officer is required to appear at both. Court time paid at time and one- half shall not be counted toward the officer’s eighty (80) hour bi-weekly schedule. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. 16. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 16A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either part. They also recognize that during such period more December 18, 2012 City of Brookings 106 mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non-management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each other’s problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through the extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below: 16B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 16C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life, and a limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City Employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 16D. The committee shall be composed of two (2) members designated by the Union and two (2) members designated by the City. Any recommendations must be adopted by a majority of the committee. 17. PERSONNEL POLICIES 17A. SENIORITY 17A.1 Seniority rights for employees shall prevail. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the Police Department bargaining unit. 17A.2 New employees will be considered probationary employees for twelve (12) months from the date of employment. Should a probationary employee be absent from the job for an approved leave without pay, the December 18, 2012 City of Brookings 107 probationary period will be extended to enable employees to complete their full probationary period. 17A.3 During the probationary period, employees shall have no seniority status, and may be laid off or terminated at the sole discretion of the City without regard to length of service. When an employee completes his/her probationary period, his/her seniority date shall revert back to his/her original date of hire. 17A.4 On January 1 of each year, the employer shall post a current seniority list and shall submit a copy to the Union. Seniority will be classified as follows: a) All sworn personnel; b) All non-sworn personnel; 17A.5 Employees hired from non-sworn to the sworn classification or vice versa, shall maintain their seniority for the amounts of vacation but shall go to the bottom of the list in the new classification for all other purposes. Part-time employees obtaining full-time positions shall be considered as a new hire for all purposes. 17A.6 Seniority and employment relationship shall terminate when an employee: a) Quits; b) Is discharged for just cause; c) Is retired. 17A.7 All scheduled or otherwise anticipated overtime shall be offered by seniority to qualified available personnel unless such overtime requires a special skill or is in accordance with the employee completing an assigned regular shift. Management reserves the right to offer or immediately assign overtime resulting from unexpected, unforeseen, or emergent circumstances without consideration of seniority. It is understood that all overtime must be authorized by the Chief of Police, or designee. 17A.8 Vacation will be granted on a first come – first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 17A.9 In the event of a layoff, the last employee hired shall be laid off first in the sworn and non-sworn classifications as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective classifications. 17B. HIRING PROCEDURES The following shall set forth the general procedures for hiring police officers in the City of Brookings: 17B.1 In the event of an opening within the bargaining unit by virtue of the City Manager granting approval to fill a vacancy in the Brookings Police Department, or to add additional police officers, a Notice of Job Opening December 18, 2012 City of Brookings 108 shall be posted at City Hall and within the Police Department for five (5) working days prior to further publication of the opening. 17B.1.a All Bargaining Unit employees may apply for a vacant position through the internal posting process prior to the position being posted externally. 17B.1.b In the event the Department Head desires additional applicants, the City may advertise and test external applicants. 18. PENSIONS Retirement benefits shall remain as now provided, but they shall not be in any manner reduced or lessened during the period of this contract, unless the changes are beyond the control of the City. 19. INSURANCE 19A. The City offers group health, dental, vision, accident, and life insurance options for all full-time employees in the bargaining unit and their dependents electing to be covered by such insurance. The City shall pay 85% of the group health coverage; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life and AD&D insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 19B. If husband and wife are both employed by the City of Brookings, the City shall provide only one or the other with health insurance coverage. The one not covered may be named as dependent. 19C. Upon receipt of notification by the insurance carrier that changes are needed, the City will, in turn, notify the Union for purposes of soliciting comments and suggestions. 19D. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance December 18, 2012 City of Brookings 109 benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 19E. New employees desiring health, vision and life insurance coverage must enroll within thirty (30) days of the first day on which they are eligible for coverage to avoid incurring an additional waiting period prior to the application of coverage. The waiting period to enroll in dental insurance is 90 days from the date of hire. New employees not enrolling within thirty days after the employee is first eligible for coverage, or current employees not currently on the Health Insurance Plan (and in the absence of a qualifying event) will be considered late applicants. Late Applicants are required to make a written request for late enrollment and will be subject to an 18 month waiting period. At the end of the 18 month waiting period, the late applicants will be eligible to join the plan with no pre- existing condition limitations. Employees who terminate their employment will terminate the group plan upon date of termination, and may transfer to an individual contract or may continue group coverage through COBRA. However, the total premium will be paid by the terminated employee. Arrangements must be made prior to employee’s last day of employment. 20. PAY PERIODS All employees covered by this Agreement shall be paid in the same manner as all other City employees are paid, on a monthly pay period. 21. WORK WEEK 21A. Employees shall be paid for all time spent in the employ of the Employer. 21B. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift (excludes shifts of less than 8 hours per day); on a scheduled day off; or in excess of forty (40) work hours per week for office personnel and dispatch; or in excess of eighty (80) hours in a two week period for police officers. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. If trading of shifts results in required payment of overtime based on FLSA guidelines, the trade will not be allowable or approved. 21C. Full-time clerical employees shall be scheduled Monday through Friday and Saturdays and Sundays off except for temporary, unusual or emergency situations. 21D. Employees required to work when their shift commences on Easter Sunday shall be compensated with four (4) five (5) additional hours of straight time pay. 21E. Pyramiding of overtime will not be allowed. 21F. The City agrees during the term of this contract to continue its policy regarding the replacement of employees at shift change. 21G. Part-time employees shall be scheduled as needed. December 18, 2012 City of Brookings 110 22. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours for work performed. The employee shall report to the senior individual on duty to perform any additional duties necessary in an attempt to work for the entire minimum period. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. In the event the employee is on vacation, the employee may elect to take compensation time to be credited back to vacation in lieu of monetary compensation. 23. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours for both sworn and non-sworn personnel with the exception of designated active certified Communication Operator Trainers and Field Training Officers, who will be allowed to carry over eighty (80) hours from one calendar year to the next. Use of comp time must be approved by the Department Head and may not result in overtime needing to be paid to cover a shift, or cause a shift to fall below minimum staff levels. 24. SHIFT DIFFERENTIAL 24A. Full-time employees working between 6:00 P.M. and 6:00 A.M. shall be paid an additional sixty fifty cents ($0.50) ($.60) per hour for time worked between those hours. 24B. Employees working from 6:00 P.M. Friday until 6:00 A.M. Monday shall receive sixty fifty cents ($0.50) ($.60) per hour additional. 25. BREAK TIME 25A. Employees who are scheduled to work an eight (8) hour shift shall be granted a twenty minute paid break during the first four (4) hours, and a twenty minute paid break during the second four (4) hours of their shift. Employees who are scheduled to work a ten (10) hour shift shall be granted a twenty-five minute paid break during the first five (5) hours, and a twenty-five minute paid break during the second five (5) hours of their shift. Employees who are scheduled to work a twelve (12) hour shift shall be granted a thirty minute paid break during the first six (6) hours, and a thirty minute paid break during second six (6) hours of their shift. 25B. Dispatchers will not be allowed to leave the Police building, to include designated smoking areas, during their breaks unless there are at least two dispatchers on at that time. However, if the supervisor on duty deems it necessary, dispatchers will be required to remain in the building even when there are two on during a shift. December 18, 2012 City of Brookings 111 25C. Employees filling out reports shall be allowed coffee or soft drinks while performing this work without it being considered a break, as long as the amount of time is reasonable. 25D. Employees shall be allowed to combine break periods for a total of forty (40) minutes during an eight (8) hour shift, and fifty (50) minutes during a ten hour shift, and sixty (60) minutes during a twelve hour shift. 25E. Rest periods may not be accumulated for time off or used to leave work early, and are not guaranteed if missed because of operational requirements. 26. PROMOTIONS 26A. Promotion to positions within the sworn personnel in the bargaining unit shall be filled from lists of employees and personnel obtained through open and competitive written examinations, oral interview, seniority and education. Such examinations shall be on the basis of openings contemplated and shall be conducted by the City of Brookings after advertisement of the fact of giving such examinations and the terms in respect to grading and other relevant matters. The list shall be maintained for one (1) year from the date of the examination, at which time the list shall expire and new vacancies shall be filled by a new examination. 26B. In the event of retirements, resignations, and other terminations of employment wherein the position involved is not eliminated, and cash payment is made for accumulated benefits, the City reserves the right to delay filling the position until such time as the savings from such a delay equals the total amount of cash payment. 26C. Service requirements for the position of Sergeant require a minimum of three (3) years experience as a law enforcement officer including two (2) years with the Police Department of Brookings, South Dakota. 26D. In the event there are no qualified employees with the required service time, consideration shall be given to those employees who are qualified, but have not achieved the service requirement. 26E: A written test shall be administered and shall count up to twenty (20) points. Candidates receiving fourteen (14) points or more, a minimum equivalent of 70% of correct answers, on the written test shall be selected for an oral interview with an interview panel established by the Chief of Police. The oral interview shall count up to forty-five (45) points. Oral Interview points shall be determined by calculating the composite score from a Police Department interview questionnaire and the score of the Human Resource Critical Competencies battery. 26F. The most recent annual evaluation shall count up to ten (10) points. 26G: Training shall count (1) point for each 20 hours of certified training up to fifteen (15) points, excluding the twelve (12) week certification school and other training required by the State of South Dakota. Certified training is that training reported on the South Dakota Law Enforcement Training Personnel Profile December 18, 2012 City of Brookings 112 Report. Training hours received after the promotion application deadline shall not be considered in calculating training points. Education shall count (2) points for an Associate Degree, three (3) points for a Bachelor Degree, and four (4) points for an Advanced Degree. One (1) point shall be counted for sixty (60) or more college credit hours earned from an accredited institution, but no degree received. Transcripts shall be required to verify credit hours earned. 26H. Seniority shall count one (1) point per year to the maximum of ten (10) points. 26I: A composite score shall be calculated from the oral interview, evaluations, education and training, seniority and test scores. Candidates with a composite score equal to or greater than 75% of the maximum composite score shall be eligible for selection to an interview by the City Manager and the Chief of Police. The maximum composite score shall be 104 points. Candidates receiving 78 points or more shall be considered an eligible candidate.  Written Test: 20  Oral Interview: 45  Training: 15  Education: 4  Evaluation: 10  Seniority: 10 Upon completion of the final interview, the Chief of Police, in consultation with the City Manager, shall have full discretion in selecting an eligible candidate for promotion. Final approval of the selection must be made by the City Manager with the decision based on seniority, skills, ability, job performance, and qualifications. If skills, ability, job performance, and qualifications are relatively equal, then seniority shall be the determining factor. 26J. All job descriptions to include any changes will be posted. 26K. Upon written request, officers shall be given their written test score results. 26L. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the transferred or promoted employee to serve a new probationary period not to exceed 90 days. 27. MISCELLANEOUS 27A. Employees may maintain residence outside the city limits. 27B. Employees may request time off without pay. 27C. In the event of an absence of a supervisor, the Chief of Police may designate an officer as acting supervisor to assume all duties of the absent supervisor. An employee that is designated as acting supervisor will accrue one (1) hour of compensation time (x1) for a full eight (8) hour shift; one and one-fourth (1 ¼ hours (x1) for a full ten (10) hour shift; and one and one-half (1 ½) hours (x1) for a full 12 hour shift will accrue one hour of compensation time (x1) to be December 18, 2012 City of Brookings 113 utilized at a mutually agreed upon time as approved by his/her supervisor and/or Chief of Police. Any employee desiring not to act as supervisor shall be allowed not to do so by advising the Chief of Police in writing. 27D. An accessible locker will be provided for the personal effects of dispatchers. 27E. A secure cabinet will be provided in the ladies restroom. 27F. The Police Building and all department vehicles will be non-tobacco with a designated smoking area being provided outside the southwest door of the department. 27G. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $20.00 $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 27H. SWAT team members will be paid an additional $1.00 per hour of Hazard Pay when called out. SWAT training hours are not included. 28. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE ASSISTANCE PROGRAM 28A. The City recognizes alcohol/drug abuse and addiction and other medical behavior problems as treatable illnesses. 28B. Employees having these illnesses will be given the same consideration and offered assistance presently extended to employees having any other illness. Employees who suspect they have an alcohol or drug problem are encouraged to seek confidential counseling and/or referral information by contacting their Department Head or the City Human Resources Director. 28C. Employees’ job security or promotional opportunities will not be jeopardized by their request for assistance in problems relating to alcohol/drug abuse and/or addiction. Employees who refuse evaluation or diagnosis (treatment if indicated) and who do not respond to treatment will be handled in accordance with City policy for unacceptable job performance or appropriate discipline. 29. SEXUAL HARASSMENT 29A. Sexual harassment is a grievable offense when it meets the following criteria: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 29A.1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 29A.2 submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 29A.3 such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment. 29B. If an employee feels that he/she is being sexually harassed, he/she should make his/her feelings known to the offender. If the problem is not resolved, report December 18, 2012 City of Brookings 114 the harassing behavior to a supervisor. If that is not practical, employees are encouraged to report the situation to his/her Department Head, Human Resources Director or City Manager. 29C. If employees have questions about sexual harassment, they are encouraged to contact the Human Resources Director or the Employee Assistance Program (EAP). 30. SICK LEAVE 30A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 30B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to two thousand eighty (2,080) hours of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. In order to earn the accrual of sick leave for a given month, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 30C. Request for sick leave must be approved by the Department Head prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/her supervisor of his/her recovery. 30D. Leave request may not exceed the amount of leave accumulated. 30E. Sick leave shall be paid at the employee’s regular hourly rate and employees may use sick leave in no less than one-fourth (1/4) hour increments. 30F. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from The use of three (3) consecutive sick working days or where a pattern of sick leave may require verification by a medical doctor, frequent absences exist and should be turned in to the Department Head. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 30G. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 30H. Employees on unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 30I. Sick leave shall be granted to employees: 30I.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; December 18, 2012 City of Brookings 115 30I.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 30I.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, and dependent(s) residing in the employee’s home to include step-relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, manager may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015. 30I.4 when, through exposure to a contagious disease, the presence of the employee at his/her post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 30I.5 for up to twenty (20) working days of paid sick leave for the placement adoption of a child for adoption and up to three working days of paid sick leave for the father employee of newborn child(ren) to assist with care and delivery. If employee is eligible for the provisions of the Family Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual must be used to cover additional leave period, however. 30J. At the discretion of the Chief of Police, employees who cannot perform their regularly assigned duties, may be assigned limited duty, which will not, as certified by a medical practitioner, aggravate the illness or disability. 30K. “After ten (10) years service and upon termination of employment other than any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. After ten (10) years service and upon termination other than discharge, the City agrees to pay ten percent (10%) and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,440 hours maximum accumulated sick leave. Payment shall be at the hourly rate at the time of termination. The maximum accumulation of unused sick leave to be used for the payout calculation shall be 1,440 hours. 30L. All medical related incidents including reasonable travel time and recuperation time shall be chargeable toward sick leave. 31. MEDICAL LEAVE OF ABSENCE December 18, 2012 City of Brookings 116 31A. City of Brookings employees must complete medical leave of absence paperwork for all medical related time away from work which exceeds or is expected to exceed 7 (seven) calendar days. Employees with sick leave accrual in his/her balance may use sick leave for absences with a doctor’s certification of the inability to work. 31B. Employees anticipating the need for a medical leave of absence will be allowed to work until a doctor’s statement is received indicating that the employee has restrictions for which the employer is unable to accommodate. If the City is unable to accommodate restrictions and/or the employee is unable to perform the essential functions of his/her position, the employee may be involuntarily placed on sick leave as a reasonable accommodation. 31C. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 31D. The employee shall be allowed to take a medical leave of absence with pay until his/her sick leave is exhausted as long as the employee has a physician’s certification stipulating the inability to perform job duties. Employees who have not accumulated a sufficient amount of sick leave to use during the medical leave of absence will have to utilize vacation leave. Upon exhaustion of vacation leave, a leave of absence without pay may be requested. 31E. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 32. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval by the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received, will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. City shall make every effort to reschedule employees desiring to attend college classes either by allowing time off the shift or by employees trading shifts. Time off shall be made up the same day or at a mutually agreed time. An employee requesting to attend college classes which may interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 33. INJURY LEAVE Injury leave applies only to injuries sustained through an accident while on the job. An employee injured through an accident while on the job must promptly notify his/her December 18, 2012 City of Brookings 117 Department Head or supervisor. All medical and hospital expense shall be paid for in accordance with Workers’ Compensation and City policy. The City policy on injury leave shall be to compensate the employee up to a maximum of nine hundred sixty (960) work hours at the rate of pay he/she was making at the time of the accident, less the amount he/she receives from Workers’ Compensation. After the nine hundred sixty (960) hour period, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for disability under the provisions of the Workers’ Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, he/she will be eligible to receive compensation payable under the Workers’ Compensation Act in addition to eligible retirement benefits. All vacation, sick leave, and holiday leave earned while on injury leave shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be required, at the employee’s option, to utilize sick, vacation, compensation time or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven day loss time requirement has been met. 34. SPECIAL LEAVE 34A. Leave With Pay - The Department Head will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 34A.1 Funerals – The City will permit regular full-time employees to be absent from work, without loss of pay, based on his/her regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral of the immediate family or a relative. Immediate family for bereavement leave includes the following: Spouse, parents, son, daughter, brother, sister, legal guardian, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law. The bereavement benefit will also be granted for step- relatives in these same categories. Pay shall be granted twelve (12) hours for employees on twelve (12) hour shifts, ten (10) hours for employees on ten (10) hour shifts, and eight (8) hours for employees on eight (8) hour shifts. Additional time may be charged to vacation or sick leave at the discretion of the Chief. In the event of a funeral of a relative outside of the aforementioned, or a close friend, the employee may take a reasonable amount of time off with pay to be charged to vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. December 18, 2012 City of Brookings 118 34A.2 Voting - Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 34A.3 Jury or Court - If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon returning to work, he/she shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 34B. Leave Without Pay – Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of the Chief of Police, Human Resources Director and City Manager, and providing all vacation and/or sick leave has been exhausted. 34B.1 Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the Chief prior to the leave. 34B.2 The request will be considered on the basis of the present workload or anticipated workload, and the circumstances of the request. 34B.3 A leave of absence without pay will not be granted to seek other employment. Leave of absence without pay is a benefit offered to employees who have exhausted their vacation leave. Employee on a leave of absence for less than sixty (60) calendar days will continue to accrue seniority and their job will be held for them if agreed upon by the dept. head and City Manager at the time the leave of absence without pay is approved. Employees on a leave of absence in excess of fifteen (15) calendar days in any one-month will not accrue any leave for that month and must pay for the entire cost of insurance if they wish to continue coverage. No other benefits will be provided by the City during a leave of absence without pay. An employee’s anniversary date will not be affected unless the leave of absence is in excess of sixty (60) calendar days; then the anniversary date will be changed according to the number of days the employee is absent from work without pay. 34B.4 In a case of a declared disaster or emergency situation, regular full-time employees may request up to 15 work days off without pay per calendar year to assist in other areas if appropriate documentation is presented to substantiate the need for such leave. Such time off would not affect the accrual of benefits for the month. 34B.5 Any other leave of absence that is not covered in this contract shall be determined on an individual basis by the Chief. 35. HOLIDAYS 35A. It is the policy of the City of Brookings to afford all regular full-time employees ten (10) paid holidays each year. The City recognizes the following holidays: December 18, 2012 City of Brookings 119 New Year’s Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Christmas Day Independence Day Native American Day Labor Day Martin Luther King Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. 35B. “Holiday pay” shall be defined as eight (8) times the straight time hourly rate and cannot be used in increments of less than 8 hours. 35C. Employees who are scheduled to work, and who work, one of the above city recognized holidays will be compensated for eight (8) hours of holiday regular pay (as defined above in 35B) for that specific holiday and overtime pay (time and one-half) for all hours actually worked. 35D. Employees will only receive overtime pay (time and one-half) if the holiday falls on the day as their shift starts. 35E. Employees who are on a regularly scheduled day off or on a paid leave of absence when one of the above city recognized holidays occur, will be allowed to bank the holiday for use at an alternate agreed upon time within one (1) year of the specific holiday for which it was earned. In the event the employee would normally be scheduled for a ten (10) or twelve (12) hour shift, the employee will be allowed to supplement this day with comp time or vacation leave in order to total ten hours of leave at the time the leave is taken as applicable. This day shall be mutually scheduled with the Chief. 35F. Employees on vacation when one of the above city recognized holidays occur, will receive holiday pay for that specific holiday and will not be charged for that day as vacation time. 35G. Holidays shall be observed on the actual day they fall except clerical employees shall observe them on the day as all other City employees do unless otherwise approved in advance by the Chief of Police. 35H. To qualify for the above holiday provisions, the employee must work their last full scheduled shift preceding the holiday or their first full scheduled shift following the holiday. 35I. An employee who is on unpaid leave of absence or suspension without pay will not be eligible for holiday pay for a designated holiday observed during the leave of absence or suspension. 36. VACATIONS 36A. Vacation leave for all eligible employees for each vacation year is based upon length of service. In order to earn the accrual of vacation, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 36B. Employees shall accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month December 18, 2012 City of Brookings 120 After five but less than 10 yrs of service - 10.00 hours per month After ten but less than 20 yrs of service- 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned on the 15th of the month and credited to the employee on the pay day of that month, provided all other necessary provisions of the article have been met. Said vacation leave shall not be available to the employee until the day following payday. 36C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours of vacation leave. 36D. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 36E. Employees will not receive additional vacation time off due to illness or disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 36F. Request for vacation leave must be approved by the employee’s department head prior to that time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests shall not exceed the amount of leave accumulated. Requests for vacation leave that will result in the department being below the required minimum staffing must be requested ten (10) days prior to taking such leave. 36G. Employees who are laid off or discharged, who resign or retire after giving two weeks notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro rate basis according to the time worked during the current year. Cash payments in place of vacation privileges are not permitted. 36H. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous and not recommended by local authorities. This leave will be granted with the approval of the department head. 36I. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Police Chief directly for such determination. 37. SCHOOLS AND TRAINING 37A. The employer agrees to continue to encourage employees to obtain job related education and training. Schools and training shall be posted on the Police Department bulletin board and employees interested shall sign the posting. The Department shall allow as many employees as possible to attend schools and training. In determining which employees may attend, the Department shall take into consideration specialized classifications, seniority, budget, and the program’s relevance to the police department’s overall training plan. 37B. The Police Chief will schedule or reschedule interdepartmental training on an employee’s normally scheduled shift to avoid the necessity of officers working in December 18, 2012 City of Brookings 121 excess of their normally scheduled shift hours during the twenty-four (24) hour period whenever possible. 37C. It shall be the responsibility of each employee to provide verification of completion of the above training to the City to be placed in their records. Training completed prior to January 1, 1987, shall be limited to that which is presently recorded with the Law Enforcement Training and Standards Commission. Each employee, upon request, shall be entitled to review their personal file. 37D. Employees who attend authorized training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Chief of Police, based upon FLSA guidelines. Employees who would normally be scheduled to work ten (10) or twelve (12) hour shifts on days they are in training will be allowed to supplement the eight (8) hours with two (2) or four (4) hours of vacation or comp time. 37E. All mandatory training scheduled outside the individual employee’s regular shift will result in the officer being afforded comp time in accordance with this Agreement. 37F. Police Officer employees, upon hire, shall be required to sign an agreement, in the event of resignation, for reimbursement for cost of wages, transportation, testing expenses, and benefits to include insurance, FICA, and retirement while completing Field Training and Academy attendance at a reimbursement rate of 75% if resignation is within the first year of employment and 50% if resignation is within the second year of employment. Employees who attend license or certificate training sessions in excess of four (4) weeks in duration shall be required to sign a statement prior to attending the training guaranteeing the City an additional one (1) year of service following the completion of training. Employees who fail to return a total of one (1) year of service shall reimburse the City the cost of the training. Cost of the training shall include transportation, room and board, the cost of the training session and the equivalent of salary and benefits paid to the employee during training. 37G. The City agrees to provide for field training certification for up to four (4) officers. Officers may apply for the position of FTO once they have served for three (3) years with the Brookings Police Department. Officers with two (2) years experience with the Brookings Police Department and a minimum of one (1) year experience with another law enforcement agency are also eligible to apply. Selection of Field Training Officers will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as an FTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Chief of Police. Employees certified as a field training officer (FTO) who are engaged in training new recruits as part of the Field Training Program will accrue one hour of compensation time (x1) for each 8 hours of training provided. December 18, 2012 City of Brookings 122 37H. The City agrees to provide for training/certification for up to two (2) communication operator trainers. Selection of the Communication Operator Trainers (CTO) will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as a CTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Communication Commander and Chief of Police. Employees certified as a communication operator/trainer who are engaged in training new recruits as part of the Communication Operator Training Program will accrue one hour of compensation time (x1) for each 8 hours of training provided. All communication operator training hours will be documented on a form authorized by the Communication Commander and Department Head. 38. TRAVEL AND EXPENSE 38A. The Chief of Police must approve all same day travel in the State of South Dakota. The Chief of Police and City Manager must approve all overnite travel and travel outside the State of South Dakota. Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by City travel policy for authorized travel. The most direct route shall be traveled, and mileage will be paid in accordance with current City schedules. 38B. The City shall reimburse travel time according to FLSA guidelines for all authorized training. Pre-authorization by the Chief of Police is required at least seven (7) days prior to the training. 39. UNIFORMS AND EQUIPMENT 39A. The Employer will provide and issue all normally armed employees with a handgun, badges, handcuffs, protective head gear, and stocking hats. 39B. The Employer shall provide all ammunition annually which is needed and necessary for the performance of the duties. Ammunition for the on-duty use shall be of high quality. Practice ammunition shall be provided by the Employer during annual qualifications. 39C. Employees shall be issued at least three (3) sets of uniforms which shall be replaced as needed. Car coats and jackets will be issued for sworn employees only, not to exceed two (2). After two (2) years service, employees shall turn in their uniform items before being issued new items. Officers will be issued a bullet proof vest and will be required to wear it at all times they are on patrol duty and investigators when executing search warrants. 39D. Investigators shall be granted a three hundred fifty dollar ($350.00) uniform allowance each January 1. Police uniforms provided shall be deducted from said amount. 39E. The Employer agrees to reimburse employees the actual cost less ten percent (10%) of employee’s personal items damaged in the line of duty not as a result of the employee’s negligence or misconduct including only the following: Eyeglasses, watches, weapons, and tape recorders December 18, 2012 City of Brookings 123 Civilian clothing (if required) (Maximum $250.00 per item) This section does not apply to items of personal property covered by or reimbursed pursuant to South Dakota compensation laws. If an employee is reimbursed for the damage from any other source, he shall reimburse the City for any payments made hereunder. The City agrees to replace any item damaged due to work related incidents within two (2) weeks. Upon receipt of purchase, the City will reimburse up to $100.00 (One hundred dollars) for leather to all permanent, sworn officers who did not receive the entitlement when it was originally provided. 39F. A boot allowance for reimbursement of up to a maximum of $100.00 every year, with ability to be carried over for two years, will be provided to Police Officers for the purchase of work boots once the need for replacement has been determined by Assistant Chief of Police or Chief of Police and approved by Finance Manager. Police Officers must provide the actual receipt with the request for reimbursement. 40. FIREARMS The City shall provide weapons for all officers. 40A. The required on-duty weapon package as designated by the Chief will consist of a .40 caliber semi-automatic pistol with two (2) extra clips, double clip holder and holster. 40B. Those officers who choose not to purchase the .40 caliber weapon will be issued the complete .40 caliber weapon package by the City for on duty use. The City issued weapon package shall be returned to the Chief of Police or his designee upon separation of employment. 40C. During the probationary period, the City will issue new officers their duty weapon and required leather accessories. The serial number, make and model will be registered with the Chief. 40D. Standards for non-uniform officers weapons shall be set by the Chief of Police. 40E. The officer will maintain the on-duty firearm at a satisfactory level to insure proper functioning of the firearm. 40F. The firearm will be inspected for up-keep, maintenance and proper functioning four (4) times a year by a designated firearms instructor within the Department. If any malfunction or discrepancy is found in a firearm that the officer has purchased, the cost to replace or repair will be at the officer’s expense. 41. FIREARM QUALIFICATION 41A. There are three distinct types of firearm exercises, each of which shall be scheduled at the discretion of the Chief of Police. These are: 41A.1 Firearm Training: These exercises shall be supervised by a qualified instructor, and officers are therein instructed on proper firearm use. December 18, 2012 City of Brookings 124 Necessary ammunition and targets shall be provided by the City at the time of the scheduled training exercises. 41A.2 Firearm Practice: Each officer shall be given two hundred (200) rounds of ammunition and targets to be utilized during practice exercises. Officers will have one practice shooting exercise conducted at the Brookings Firearms Range no less than three (3) months prior to official firearms qualification with additional rounds of ammunition allotted to that officer, above the already two hundred (200) rounds allotted, if additional training is determined necessary by the firearms instructor and Chief of Police. This pertains to duty guns only. A minimum of one (1) additional practice shooting exercise shall be conducted at the Brookings Firearms range no less than two (2) weeks prior to official firearms qualification. The practice exercise(s) shall be scheduled in such a manner as to allow all officers the opportunity to attend. Shooting exercises shall be supervised by department firearms instructors to provide education and assistance to officers in preparation of official firearms qualification. 41A.3 Official Qualification: Needed ammunition and targets shall be provided by the City. If an officer fails to meet the “State of South Dakota Handgun Qualification” course once per year with a minimum passing score of 76% with his/her firearm during the scheduled time and place for qualification exercise, he/she will: 1) Surrender his/her firearm to the Chief of Police; 2) Be relieved of all normal duties as a police officer on his/her shift or division and be assigned to in-house or office duty until he/she has qualified with the Department issued firearm. It will be up to the officer who is not qualified to make arrangements with a range officer to become qualified. If, after one week from the original qualification exercise, the officer still has not qualified, the officer will be placed on leave without pay until the officer is qualified. An officer who fails to qualify within a reasonable time period, as determined by Chief of Police and City Manager, shall be subject to further disciplinary action up to and including discharge. 42. VEHICLES 42A. All new patrol cars shall be equipped with adequate defrosters, heaters, commercial radios, air conditioning, quality tires, first aid equipment, fire extinguishers, and be properly serviced at regular intervals. Except under emergency conditions, no employee shall be required to operate a vehicle that December 18, 2012 City of Brookings 125 does not comply with all State and City safety statutes, ordinances or regulations. 42B. Cages shall be added to cars and shotguns shall be secured in locks in the front of the patrol car. 42C. Upon obtaining new police vehicles, the City shall make every effort to make the style and location of switches, lights, weapon holders, etc., uniform to that of existing police vehicles. This topic is an appropriate subject for the Union Management Committee. 43. POLITICAL ACTIVITY Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted, as outlined in this article. In all cases, activities must be in compliance with the Conflict of Interest Policy as adopted by the City Council. Failure to comply with the provisions of this article may result in disciplinary action. Any employee of this Bargaining Unit may seek any political office while employed by the City provided: 43A. that said employee may not seek any political office or actively campaign for any political office until after having submitted, in writing to the City Manager, their intention to seek a political office; 43B. that said employee never campaign in any manner whatsoever, during hours of employment; 43C. that it is mandatory that said employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for a position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 43D. an employee of the City of Brookings may not campaign on behalf of any candidate for Mayor or City Council. However, this does not preclude an employee from running for these offices as long as that employee adheres to the parameters aforementioned in this article. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 44. WAGES 44A. Commencing January 1, 2013 2010, there shall be a 2.75% two (2)% increase to the City of Brookings Police Pay Plan. 44B. Commencing January 1, 2014 2011, the Pay plan will be adjusted increased by 2.75% three (3)%. 44C. Commencing January 1, 2015 2012, there shall be a 2.5% increase to the City of Brookings Police Pay Plan the Pay plan will be adjusted by the average December 18, 2012 City of Brookings 126 percentage of the six months (December 2010 to May 2011) of the Consumer Price Index - Midwest Region with that rate being no lower than 2.5% and no higher than 3.5%. 44D. Wages will be set forth in Appendix A attached. 45. CHECK OFF The Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 46. UNION BUSINESS AND REPRESENTATIVES 46A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 46B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining unit, except one scheduled full-time dispatcher, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City, including FOP meetings. Off duty employees attending such meetings shall do so on their own time. 47. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 48. LONGEVITY 48A. Regular employees shall be eligible for longevity pay based upon length of service with the City of Brookings. Length of service shall be the full number of years of service as of the anniversary date of the employee’s employment. Years of service must be continuous years of service. 48B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours December 18, 2012 City of Brookings 127 payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that the anniversary of their hire date falls. 48C. The amount of longevity pay shall be paid at the rate of $5.50 per month per year after completing five (5) years of continuous full-time employment. 49. SAFETY POLICY 49A. Safety Statement The City of Brookings will attempt to provide the safest possible working conditions for its employees. 49B. Policy Statement 49B.1 Safety will be given primary importance in planning and operating City activities in order to protect City of Brookings employees against occupational injuries and illnesses, and to protect the City against unnecessary financial burden and reduced efficiency. 49B.2 Each employee is responsible for the safety, well being, and safe work conduct of themselves and those that report to or are assigned to him/her. 49B.3 To carry out this policy, the City will: 49B.3.a Maintain safe and healthful working conditions. 49B.3.b Furnish, within reason, the best available mechanical safeguards and personal protective equipment, where in its judgment, they are needed. 49B.3.c Maintain an active and aggressive program to promote safety awareness. 49B.3.d Insist that all employees observe established safety regulations and practices and use the safety equipment provided. 49C. Purpose Employees of the City of Brookings are considered valuable assets; their safety is of vital concern. Recognizing its need and responsibility for the safety of its employees, the City considers accident prevention and safe and healthful working conditions integral parts of an efficient and well run organization. 49D. Membership of the Safety Committee 49D.1 Membership of the Safety Committee will be composed of one representative from each of the following departments with equal representation of management and union employees: Community Development, Engineering/Airport, Finance, Fire, Human Resources, Library, Liquor Store, City Clerk, Park/Recreation/Forestry, Police, Solid Waste, and Street. If a department does not submit a proposed candidate from their department to serve on the Safety Committee, that department will not be represented on the committee. 49D.2 The Human Resources representative shall be the only permanent representative and shall be chairperson of the Safety Committee. December 18, 2012 City of Brookings 128 49D.3 All other members will serve three year terms with a staggered rotation schedule to provide continuity. 49D.4 Each year the chairperson will submit a list of proposed candidates to fill vacated Committee seats to the City Manager for appointment. 49E. Duties of the Safety Committee 49E.1 The Safety Committee will review the South Dakota First Report of Injury Reports and Minor Injury reports submitted to the Human Resources Officer during the preceding month. 49E.2 The Safety Committee shall bring to a department management’s attention the need for corrective action of any safety and housekeeping problems the Safety Committee deems necessary. It shall be management’s responsibility to review and/or investigate the recommendation made and respond to the Safety Committee in writing of the disposition of the recommendation. If the Safety Committee is not satisfied with the response of management or has not received a timely response, the issue can be referred to the City Manager for a final decision on the matter. 49E.3 The Safety Committee will investigate complaints of violations of Brookings City safety procedures and take appropriate action to remedy them. 49F. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 50. DURATION This Agreement shall be in full force and effect from January 1, 2013 2010, to and including December 31, 2015 2012, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 2015 2012. 51. REOPENER When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the final contract year advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS _____________________________ City Manager TEAMSTERS LOCAL UNION NO. 120 GENERAL DRIVERS AND HELPERS UNION December 18, 2012 City of Brookings 129 LOCAL 749 __________________________________ Secretary-Treasurer APPENDIX A Explanation of Pay Ranges There are four (4) or six (6) steps for each non-management position within the Pay Scale. These rates shall be the minimum and maximum rate for the position. New employees will normally be hired at Step A in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of twelve (12) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/her ability to perform his/her duties. In accordance to this agreement and upon satisfactory completion of the twelve (12) month probationary period, the probationary employee will be reclassified to regular full-time and advance to the next higher step in grade. After completing an additional twelve (12) months, the employee may advance to the next higher step in grade based on satisfactory job performance and successful completion of each additional year of employment through step Six (6). December 18, 2012 City of Brookings 130 Contracts & Change Orders 12. Action to approve a Purchase Agreement with Dean Christie for south fire station property. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Purchase Agreement for property of proposed South Fire Station re-location Attached is a purchase agreement prepared by City Attorney Steve Britzman between the City of Brookings and Mr. Dean Christie, Trustee of the Christie Family Trust, for the purchase by the City of land for the proposed re-location of the South Fire Station. The property is 3.7 acres located on South Main Avenue just north of the proposed intersecting street of future 26th Street. The parcel is between Main Avenue and the property recently acquired by Brookings Public Schools for a future elementary school. Attached is an aerial photo/map of the parcel. Re-location of the South Fire Station was a goal established by the City in the 2010 strategic plan. The location is better suited for improve response time for the Fire Department in anticipation of growth patterns and trends for the City. It will replace the 32nd Avenue Fire Station as a response station. The building currently serving as the south fire station will be converted to fire equipment storage and an exercise training facility. Construction of the new fire station is not expected to occur until we address the utility and street improvements associated with South Main Avenue. Staff recommends approval of the purchase agreement. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call REAL ESTATE SALE AND PURCHASE AGREEMENT THIS REAL ESTATE SALE AND PURCHASE AGREEMENT is made and executed by and between the City of Brookings, South Dakota, (hereinafter referred to as the "City"), and Dean Christie, Trustee of the Christie Family Trust, (hereinafter referred to as "Seller"). WITNESSETH: WHEREAS, the City desires to acquire the real property described below and Seller agrees to convey to the City, pursuant to the terms and conditions of this Real Estate Purchase Agreement, the real estate described below. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE TO THE FOREGOING AND AS FOLLOWS: 1. Purchase of Real Prouertv. The Seller hereby agrees to sell to the City and the City hereby agrees to purchase from Seller the following described real property: The East Seven Hundred Seven Feet (E 707') of the South Two Hundred Twenty-nine Feet (S 229') of the Northwest Quarter (NW'it) of Section Two (2), Township One Hundred Nine (109) North, Range Fifty (50) West of the 5th P.M., County of Brookings, State of South Dakota, consisting of 3. 7 acres, more or less, with the exact acreage to be determined by survey of this property. The approximate dimensions are shown on the attached map, marked Exhibit "A". 2. Effective Date. This Real Estate Purchase Agreement 1s effective upon its execution by all parties. 3. Purchase Price. The Buyer shall pay Seller the sum ofTwenty-five Thousand and no/100 ($25,000.00) Dollars per acre for purchase ofthe above-described property, which consists of approximately Three and Seven Tenths (3.7) acres, the exact dimensions of which will be determined by a survey, with the purchase price adjusted for the final dimensions of the property as determined by a survey. A computation of the exact purchase price based on the survey shall be attached to this Purchase Agreement as an Addendum after the survey is completed and shall be approved by Seller and Buyer. The purchase price shall be paid as follows: a) An earnest money down payment ofthe sum of One Thousand Five Hundred and noll 00 ($1 ,500.00) Dollars at the time of execution of this Agreement. b) The balance of the purchase price shall be paid at Closing. 4. Merchantable Title/Real Estate Closing Documents and Miscellaneous. Seller will convey the property free of liens and mortgages, but the property may be subject to easements, rights of way and restrictions of record. Seller will provide clear and marketable title to the City concerning the above described real property, by Warranty Deed, which contains only easements, rights of way and reservations of record. If there are any title restrictions, defects or burdens to which the City objects, other than easements, rights of way and restrictions of record, such objections, shall be stated in writing to Seller, and Seller will be allowed a reasonable time of not less than sixty ( 60) days in which to correct the same, and the Closing date will be delayed for not less than sixty (60) days to provide Seller with time to correct said defect or defects. If the foregoing contingency is not satisfied or corrected by Seller prior to the Closing date, then this Agreement may be terminated at the option of the Buyer and the earnest money down payment of$1,500.00 will be returned to Buyer and this Agreement shall be null and void. In addition, the City and Seller, as the case may be, will also perform the following: A. Title Insurance Policy. Seller will provide a Title Insurance Commitment, the amount of which will be based on the purchase price, which shows Seller has marketable and merchantable title to the real property which is the subject of this Agreement. At the time of Closing, the City will pay the entire cost of the Title Insurance Policy. B. Deed Preparation/Closing Service Fees. The City Attorney for the City will prepare the Warranty Deed and a Certificate of Real Estate Value required for this transaction at no expense to Seller at the time of Closing. C. Transfer Fee/Recording Fee/Real Estate Taxes. 1. This transaction is exempt from transfer fees. 2. The City will pay the recording fee for the Warranty Deed. 3. The Seller will pay the 2013 Real Estate Taxes. Because the property will be owned by the City of Brookings, which is a political subdivision, the property will be exempt from real property taxes from and after the date of Closing. D. Closing/Possession/Insurance. The Closing date will be scheduled at the convenience of the parties at such time as all contingencies have been satisfied or waived, with possession to be given to the City at the time of Closing. The City estimates that the Closing date will be on or about January 3, 2013. Seller agrees to maintain all existing insurance coverage on the property until the time of 2 Closing. It is understood and agreed that the City will not be permitted to take possession of the property until title has transferred. Closing will be scheduled at a location mutually convenient for Seller and the City after the expiration of the referendum period ends without a referendum occurring, or if a referendum occurs and the public vote approves the purchase by the City of the real property which is the subject of this Agreement. E. No Personal Property Included in this Agreement. No personal property is included in the sale of the above-described real estate. F. Current Use of Premises/Leases. Seller acknowledges there is a current oral lease of the above-described property. This lease will terminate on or about December 31,2013. G. Surveys and Tests. The City, its employees, agents and contractors will have the right to enter upon the above-described real property to perform such soil tests and surveys upon execution of this Agreement which the City deems necessary, provided the City's representatives do not interfere with Seller's use of the property. The City intends to survey the above-described real property and will pay the costs of the survey. 5. Contingencies. The obligation of the City to purchase the above-described property pursuant to this Agreement is contingent upon the following contingencies: (a) That Seller provides clear and marketable title to the Buyer concerning the above described real property, by Warranty Deed, which contains only easements, rights of way and reservations of record. If there are any title restrictions, defects or burdens to which Buyer objects, other than easements, rights of way and restrictions of record, such objection will be stated in writing to Seller, and Seller will be allowed a reasonable time of not less than sixty (60) days in which to correct the same, and the Closing date will be delayed for not less than sixty (60) days to provide Seller with time to correct said defect. (b) The parties also acknowledge the following contingencies are also condition precedents to the performance of this Agreement by the City. Briefly stated, the contingencies concern: (i) the Resolution of the City, discussed at greater length in subsection (i) below; and (ii) that no actions or suits are commenced or threatened against the City prior to Closing and pertaining to the performance of this Agreement, as is more fully discussed in subsection (ii) below. (i) Referendum/Election. The City's obligation to purchase the property described herein will be tenninated if the City Council's decision to purchase the above-described property is referred by the voters and 3 the voters do not approve the purchase. "Referred" means the voters of the City, at an election, vote to nullify the decision of the City to purchase or pay for the property described herein. In the event of a successful referral, this Agreement will be null and void. This contingency will be waived at the later of the expiration date of any referendum period if there is no referendum, or the date following the election canvassing if there is a referendum election, and the purchase is approved at a referendum election. However, a referendum decision by voters of the City which does not approve the purchase will permit the City to terminate this Agreement. If this Agreement is terminated pursuant to this provision, City will be entitled to a refund of its earnest money down payment. (ii) Pending or Threatened Litigation. Through the date of Closing, there are no actions, suits or proceedings pending or threatened against the City at law or in equity pertaining to this transaction which might adversely affect the ability of the City to perform its obligations under this Purchase Agreement. In the event of pending or threatened litigation pertaining to this transaction, at the option of the City, this Agreement may be declared null and void. If this Agreement is terminated pursuant to this provision, City will be entitled to a refund of its earnest money down payment. 6. Good Faith/Mutual Cooperation. (a) The City will in good faith seek to satisfy all contingencies to this Real Estate Purchase Agreement and will act in a timely manner to permit its Closing as close to the January 3, 2013 Closing date as possible. At any time and from time to time before and after the Closing, the City will, at the request of Seller, and without further consideration, promptly execute, acknowledge and deliver such further instruments and take such further action as Seller may reasonably request in order to consummate and confirm the transaction contemplated by this Agreement and to accomplish the purposes of this Agreement; however, no such instruments or actions will impose upon the City any burden or obligation which is in excess of any burden or obligation specifically imposed upon the City pursuant to the terms of this Agreement. (b) At any time and from time to time before and after the Closing, Seller will, at the request of the City, and without further consideration, promptly execute, acknowledge and deliver such further instruments and take such further action as the City may reasonably request in order to consummate and confirm the transaction contemplated by this Agreement and to accomplish the purposes of this Agreement; however, no such instruments or actions will impose upon Seller 4 r: I any burden or obligation which is in excess of any burden or obligation specifically imposed upon Seller pursuant to the terms of this Agreement. 7. Review by Counsel. The City and Seller acknowledge that they each have had an opportunity to review this Agreement with legal counsel, and the parties agree that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 8. Applicable Law. The laws of South Dakota govern this transaction. 9. Entire Agreement. This written Agreement constitutes the complete Agreement between the parties and supersedes any prior oral or written Agreement between the parties regarding the subject matter of this Agreement. There are no verbal agreements that change this Agreement and no waiver of its terms will be effective unless such are made and executed in writing and duly acknowledged as received by the parties. 10. Binding Effect. This Agreement binds the parties hereto and their heirs, successors and assigns, if any. ~6 JV....t """b~r Dated thisi.J.-day of..Oeterb er, 2012. Dated this __ day of October, 2012. (SEAL) ATTEST: Shari L. Thomes, City Clerk 5 SELLER: CHRISTIE FAMILY TRUST By: J)_uyn dJ.~ ~~ Dean Christie, Trustee BUYER: CITY OF BROOKINGS By: ________________________ _ Tim Reed, Mayor December 18, 2012 City of Brookings 137 Contracts & Change Orders 13. Action on Resolution No. 180-12, a Resolution for Federal Aid Construction Project Number P-PH 0014(172)418 PCN 01TJ, 6th Street from west of Western Avenue to Main Avenue, Brookings, SD. The South Dakota Department of Transportation (SDDOT), in conjunction with the City of Brookings and Brookings Municipal Utilities, has been designing the 6th Street Project from west of Western Avenue to Main Avenue. The project will include grading, Portland cement concrete paving, ADA upgrades, storm sewer, deck overlay, approach slabs, guardrail, lighting, signals and water and sanitary sewer. The bid letting is anticipated for construction in 2013. The City Council approved Resolution No. 132-12, which authorized the Mayor to sign an agreement with the SDDOT outlining the City’s and State’s responsibilities; however, there have been a couple changes to the agreement. The revised agreement has not been submitted to City staff at the time of this memo, but the following changes are anticipated in the agreement. The previous agreement included the City’s estimated cost for the storm sewer upgrades at $521,060.00, where the State will pay for the original size of the storm sewer and the City will pay for the upsizing of the storm sewer and the cost would be calculated based on as-built quantities at the project bid prices. This portion of the agreement has been revised to be a fixed reimbursement amount of $668,417.21, which is the amount proposed at the time of this memo and may be modified slightly. The SDDOT proposed a fixed reimbursement amount since the SDDOT’s portion of the storm sewer was based on an estimated amount and the fixed reimbursement will allow both the SDDOT and the City to budget for that figure. City engineering staff has reviewed the breakdown of the reimbursement calculation and the prices are consistent with local bid prices and we concur with the proposed reimbursement amount. This project also includes water and sanitary sewer replacement work for Brookings Municipal Utilities, and the agreement stipulates the City (BMU) pays for the water and sanitary sewer utilities. The previous agreement did not include BMU as a signatory agent, and the new revised agreement will include all three parties - State, City and BMU, and the agreement will state the obligations for each agency. The revised agreement will be submitted for the packet information if it is received before the December 18th City Council meeting. This resolution will authorize the Mayor to sign the revised Funding Agreement between the Department of Transportation and City of Brookings for Letting and Construction of Project P-PH 0014(172)418 PCN 01TJ. December 18, 2012 City of Brookings 138 Resolution No. 180-12 A Resolution for South Dakota Federal Aid Construction Project Number P-PH 0014(172)418 PCN 01TJ Highway 14 from west of Western Avenue to Main Avenue, Brookings, SD Whereas, the Brookings City Council desires the construction improvement of Highway 14 from west of Western Avenue to Main Avenue, and Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the Financial Agreement between the Department of Transportation and the City of Brookings, and Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in the Financial Agreement between the Department of Transportation, City of Brookings and Brookings Municipal Utilities. Now, Therefore Be It Resolved, that the Mayor is hereby authorized to sign the revised State of South Dakota Joint Powers Financial Agreement between the Department of Transportation, City of Brookings and Brookings Municipal Utilities for South Dakota Federal Aid Construction Project Number P-PH 0014(172)418 PCN 01JT. Passed and approved this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call DOT-948 (03/2011) STATE OF SOUTH DAKOTA JOINT POWERS FINANCIAL, MAINTENANCE, AND ENCROACHMENT AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION, CITY OF BROOKINGS, AND BROOKINGS MUNICIPAL UTILITIES This Agreement is made by and between the State of South Dakota, acting by and through its Department of Transportation, referred to in this Agreement as the "STATE"; the City of Brookings, South Dakota, referred to in this Agreement as the "CITY"; and the City of Brookings, South Dakota, acting by and through its Brookings Municipal Utilities Board, referred to in this Agreement as "BMU." 1. STATE PROJECT A. The STATE and the CITY concur in the proposal for the new construction or improvement of streets identified as South Dakota Federal Aid Construction Project Number P-PH 0014(172)418 PCN 01TJ, referred to in this Agreement as the "STATE PROJECT." The STATE PROJECT is located on United States Highway 14, west of Western Avenue to Main Avenue, eastbound and westbound lanes 0.2 mile southeast and 1.0 mile southeast of United States Highway 14B (US14B) over west branch of Six Mile Creek and .over Six Mile Creek and consists of grading, portland cement concrete paving (PCCP) surfacing, ADA upgrades, storm sewer, deck overlay, approach slabs, approach guardrail and approach pavement, lighting, and signals. B. The STATE will upgrade the STATE'S standard storm sewer system located along 6th Street from Main Street to Western Avenue as requested by the CITY as part of the STATE PROJECT. C. The estimated cost for the STATE'S standard storm sewer system is One Million, Twenty Thousand, Eight Hundred Eighty-six Dollars and Thirty-four Cents ($1 ,020,886.34). The STATE'S estimated cost for the upgraded storm sewer system is One Million, Six Hundred Eighty-nine Thousand, Three Hundred Three Dollars and Fifty-five Cents ($1 ,689,303.55). The CITY will pay the difference between the amount of the standard storm sewer system and the upgraded storm sewer, in the amount of Six Hundred Sixty-eight Thousand, Four Hundred Seventeen Dollars and Twenty~one Cents ($668.417.21). The STATE will bill the CITY upon substantial completion of the STATE PROJECT, and the CITY will pay the STATE within thirty (30) days of billing. 2. CONTRACT PROCUREMENT The STATE will design, advertise, let to contract, award, and be the contracting party for the STATE PROJECT. 3. COMBINATION LETTING A. The STATE will let BMU'S sanitary sewer and water project in combination with the STATE PROJECT. BMU'S project, referred to in this Agreement as the "BMU PROJECT," is located on 6th Street from Main Avenue to Western Avenue and is designated as BMU Project NumberWW1301 PCN X02J B. BMU will provide the STATE with all plans, specifications, contract provisions, and cost estimates for the BMU PROJECT. Each bidder will be required to submit separate bids covering the BMU PROJECT and the STATE PROJECT. Award of the contract will be to the one bidder based on the total combination bid for the two projects. The lowest responsible bid on the STATE PROJECT will be the basis for determining State and Federal Funds participation. Page 1 of 10 DOT Legal: __ _ C. If the total low combination bid for the BMU PROJECT and the STATE PROJECT does not have, as part of that bid, the lowest bid on the STATE PROJECT, BMU will pay to the STATE the difference between that portion of the successful combination bid attributable to the STATE PROJECT and the lowest bid on the STATE PROJECT. D. The STATE will award the contracts for both the STATE PROJECT and the BMU PROJECT; however, the BMU will be the contracting party for the BMU PROJECT. BMU will make all payments under the contract for the BMU PROJECT directly to the contractor. BMU'S estimated cost for the BMU PROJECT is Two Million, One Hundred Thirty-three Thousand, Two Hundred and Seventy-seven Dollars ($2,133,277.00). Actual cost will be based upon bids and final quantities. E. BMU will provide all construction engineering for the BMU PROJECT, including all construction supervision and inspection, physical testing, measuring in-place quantities, and documenting locations for as-built records, except as set forth in section 3.F., if applicable, for purposes of final acceptance by the STATE. F. The STATE will provide inspection of the trench backfill, conduct trench compaction testing, and conduct moisture and density testing, for the BMU PROJECT. The STATE will.provide BMU with a copy of all test reports for the BMU PROJECT. The STATE will provide BMU with a copy of all test reports. BMU will pay the STATE for the cost attesting and inspections. The STATE will bill BMU for testing and inspections based on the actual number of locations. Each moisture test will be charged at the rate of Twenty-five Dollars ($25.00) and each density test will be charged at the rate of Seventy-five Dollars ($75.00). The STATE will determine the number and location of the testing and inspections when final plans have been received by the Area Engineer. BMU will pay the STATE within thirty (30) days of receipt of billings from the STATE. 4. ENCROACHMENTS The CITY will enforce the following prohibitions against encroachments in the public right-of-way on the STATE PROJECT and on the state trunk highway system within the CITY'S jurisdictional limits: A. All encroachments on or above the right-of-way will be prohibited unless specifically permitted by the STATE. B. The use of the right-of-way by owners or lessees of abutting property for the storage of vehicles, placement of portable signs, or other private use will be prohibited. C. Where the highway passes through established business districts and the buildings are at the property line and are continuous or very closely spaced, encroachments overhanging the right- of-way will be prohibited except under the following conditions: i. Awnings, canopies, marquees, and similar installations on buildings will be permitted to remain in place until such time that they become functionally or structurally obsolete, provided that the edge of such encroachment be not less than three (3) feet back from the face of the curb; ii. Advertising or other similar signs which are less than three (3) feet back from the face of the curb and are supported wholly from the front of the building will be permitted to remain in place until such time that they become functionally or structurally obsolete, provided that the bottom of such encroachment be not less than 14.5 feet above the curb elevation; iii. The replacement of obsolete or the installation of new awnings, canopies, marquees, advertising signs, or similar installations supported wholly from the building will be permitted provided that no part of the encroachment is less than three (3) feet back from the face of the curb and eight (8) feet above the curb elevation; and Page 2 of 10 DOT Legal: __ _ iv. In the event the encroachments referred to in i., ii., and iii., above, by reason of color or placement, obscure or in any way detract from the effectiveness of the highway signs, traffic signals, pedestrian safety, or interfere with the free or safe flow of the traffic, the CITY will cause the removal of such encroachments or take appropriate measures to improve highway signs or traffic signals and traffic safety. v. The provisions of subparagraphs C. i., ii., iii., and iv., above do not apply to isolated business or commercial buildings in outlying areas. vi. Where there are encroachments of long standing which will in no way impair the highway operation or interfere with the free and safe flow of traffic and, in the opinion of the STATE, the immediate removal would impose unreasonable hardship, the STATE may, at its discretion, permit the encroachment to remain for a specific period. This permission is subject to revocation or extension at the STATE'S discretion. {Each existing encroachment located within the STATE PROJECT, if any, will be described in an attached Exhibit A.) D. On Federal Aid Projects, no encroachments will be permitted except in conformance with 23 CFR 1.23. 5. UTILITIES The CITY will control the location and maintenance of utilities within the CITY'S right-of-way so as not to impair the free flow of traffic and to provide maximum safety to the traveling public. 6. SPEED LIMITS The CITY will not designate a speed limit within the STATE PROJECT or on the remaining state trunk highway system within the CITY'S jurisdictional limits. The CITY will request any change in the speed limit and the STATE will consider such change, after appropriate engineering and traffic investigations have been made. 7. PARKING The CITY will enforce the prohibition of all parking, standing, and stopping in the traffic lanes constructed under the STATE PROJECT and on the state trunk highway system within the CITY'S jurisdictional limits in accordance with South Dakota State Codified Laws Chapter 32-30. The CITY will establish parking prohibitions along the CITY'S streets within the STATE PROJECT if parking becomes a safety concern or hindrance. The CITY further agrees that where curbs are not installed and are not to be installed under the proposed improvement, the curbs, when proposed to be constructed in the future, will be at a lateral distance approved by the STATE. The CITY will be responsible for installation and financial obligations of any future constructed curbs. 8. ACCESS The CITY will not allow access to the state trunk highway system within the CITY'S jurisdictional limits without the STATE'S or the STATE'S authorized representative's prior written approval. With regards to the CITY'S streets within the STATE PROJECT, the CITY will not allow access at points other than constructed as part of the STATE PROJECT, unless prior written approval is received from the STATE or the STATE'S authorized representatives. Page 3 of 10 DOT Legal: __ _ 9. LIGHTING When a roadway lighting system or flashing beacon system is installed on any street within the STATE PROJECT or on any portion of the state trunk highway system within the CITY'S jurisdictional limits, the CITY will provide electrical power necessary to operate the system and will provide all necessary maintenance and replacements, in kind, of all parts, poles, and apparatus of said system, to ensure the continuing operation of said system until such time as the parties to this Agreement will agree to discontinue the operation of the said system. The CITY will be responsible for replacement of poles which may be damaged due to weather or by vehicle crashes. Prior to changing the operation parameters of any flashing beacon on a state highway route, including, but not limited to flash rate, light intensity, number and location of displays, and hours or days of operation, from those originally set or currently approved by the STATE, the CITY will submit, in writing, the necessary data and proposed changes to the Department of Transportation Area Office. The CITY will not make any changes without the approval of that office. The CITY will obtain approval from the Department of Transportation Area Office prior to attachment of banners, signs, or other appurtenances to the light poles. 10. SIGNALS If a signal system is installed on any portion of the STATE PROJECT that is also within the CITY'S municipal boundaries, such signal system will be subject to the terms of a separate agreement between the parties entitled "Maintenance Agreement Between a Local Government Authority and the State of South Dakota for Traffic Signals on State Highway System." Signal Agreement was signed by representatives of each party on January 27, 2010, and assigned agreement number 613522 by the STATE. 11. GENERAL CITY MAINTENANCE The CITY will be responsible for providing timely maintenance of the STATE PROJECT and the remaining state trunk highway system within the municipal boundaries of the CITY and any future expansions of the CITY'S municipal boundaries. Maintenance items will include but are not limited to: A Debris and litter removal; B. Maintenance, repair, and replacement of sidewalks and curb ramps, including detectable warnings, in accordance with the Americans with Disabilities Act; C. Snow and ice removal from roadways and sidewalks, if the CITY'S population is deemed to be 2500 or more; D. Snow and ice removal from sidewalks, if the CITY'S population is deemed to be less than 2500, with the STATE having responsibility for snow and ice removal from roadways; E. Any necessary hauling of snow that has been removed from either sidewalks or roadways; F. Roadway sweeping, except that the STATE will be responsible for roadway sweeping if the CITY'S population is deemed to be less than 2500; G. Maintenance of rural section drainage; H. Cleaning, repair, and replacement of storm sewers and drop inlets, including any frames and grates, except that the STATE will be responsible for replacement of storm sewers and drop inlets, including any frames and grates, if the CITY'S population is deemed to be less than 2500; I. Mowing of boulevards, split medians, raised medians, and other areas where undesirable vegetation exists; J. Maintenance of stamped or colored concrete, trees, flowers, decorative plants, and watering systems in boulevards, split medians, raised medians, and other areas within the right-of-way; and, Page 4 of 10 DOT Legal: __ _ K. All repairs or maintenance of the STATE'S right-of-way, including the driving surface, related to or necessitated by the CITY'S installation, repair, or maintenance of utilities. 12. PAVEMENT MARKING MAINTENANCE If the CITY is deemed to have a population of 2500 or more, the CITY will be responsible for maintaining the applicable pavement markings from the following list, at the original location on the STATE PROJECT and on the state trunk highway system, within the CITY'S municipal boundaries and any future expansions of the CITY'S municipal boundaries: A. Stop and Yield lines; B. Crosswalks; C. Word message pavement markings, including but not limited to "PED XING," "SCHOOL XING," "LANE," and "RXR"; D. Parking space markings; E. Speed measurement markings; F. Curb marking; and, G. Accessibility parking space marking. All pavement markings for which the CITY is responsible will be maintained in the same manner, dimensions, and locations as originally established by the STATE, so long as the same is in accordance with the most recent version of the federal Manual on Uniform Traffic Control Devices (MUTCD). The STATE will maintain all other pavement markings on the state trunk highway system which are not identified above as a CITY responsibility. The parties understand and agree that if the CITY is deemed to have a population of less than 2500, the STATE will be responsible for all pavement markings on the state trunk highway system. 13. SIGN MAINTENANCE If the CITY is .deemed to have a population of 2500 or more, the CITY will be responsible for maintaining the following signs at the locations and on supports as originally installed on the STATE PROJECT and on the remaining state trunk highway system within the CITY'S municipal boundaries and any future expansions of the CITY'S municipal boundaries: A. Stop signs (R1-1) on city routes approaching the state trunk highway system; B. Yield signs (R1-2} on city routes approaching the state trunk highway system; C. Parking, standing, and stopping signs (R7 and R8 series); D. Truck route signing (R14-1 series); E. Street name sign (D3-1); F. Advance street name signs (D3-2); G. Parking area sign (D4-1); H. Park and ride sign (04'-2); I. Evacuation route sign (EM-1 ); J. Area closed signs (EM-2); K. Traffic control point sign (EM-3); L. Maintain top safe speed sign (EM-4); M. Road (Area) use permit required for thru traffic sign (EM-5); N. Emergency aid center signs (EM-6 series); 0. Shelter directional signs (EM-7 series); and, P. Dynamic engine brake signs. All signs for which the CITY is responsible will be installed and thereafter maintained by the CITY in accordance with the most recent version of the federal Manual on Uniform Traffic Control Devices, unless otherwise directed by the STATE. Page 5 of 10 DOT Legal: __ _ If the CITY is deemed to have a population of 2500 or more, the CITY will also be responsible for installation and maintenance of all Emergency Snow Route (R7 -203) signs as deemed necessary on the STATE PROJECT and on the remaining state trunk highway system within the CITY'S municipal boundaries and any future expansions of the CITY'S municipal boundaries. The signs will be installed on steel supports that meet the requirements of National Cooperative Highway Research Program (NCHRP) 350. The locations of the signs must be approved by the STATE prior to installation. The CITY will keep an inventory of all signs installed and maintained by the CITY pursuant to this Agreement, and the CITY will provide a copy of said inventory to the STATE upon request. The STATE will install and maintain all other signs on the state trunk highway system which are not identified above as a CITY responsibility. The parties understand and agree, however, if the CITY is deemed to have a population of less than 2500, the STATE will be responsible for all sign installation and maintenance on the state trunk highway system. 14. STATE REPAIRS-DRIVING SURFACE The STATE will be responsible for repair of the driving surface for the STATE PROJECT and the remaining state trunk highway system within the CITY'S municipal boundaries. For sections of roadway with curb and gutter on opposites sides of the roadway, the STATE'S responsibility will extend from back of curb to back of curb. For sections of roadway with curb and gutter on only one side of the roadway, the STATE'S responsibility will extend from the back of any existing curb to the edge of the finished roadway. For sections of roadway with no curb and gutter, the STATE'S responsibility will extend from the edge of the finished roadway to the edge of the finished roadway. Surface repair work to be performed by the STATE will include joint sealing, joint repair, concrete pavement repair, repair of concrete curb and gutter, chip sealing, pothole repair, patching, crack sealing, and shoulder repairs. CITY will, however, be solely responsible for any work related to or necessitated by the CITY'S installation, repair, or maintenance of utilities. 15. TEMPORARY TRAFFIC CONTROL The CITY will adhere to Part 6 of the federal Manual on Uniform Traffic Control Devices concerning temporary traffic control when completing maintenance work activities on the state trunk highway system. 16. INDEMNIFICATION The CITY and BMUwill each indemnify the STATE, its officers, agents, and employees against any and all actions, suits, damages, liability, or other proceedings that arise as a result of the CITY'S or the BMU'S performance under this Agreement. This section does not require the CITY or BMU to be responsible for or defend against claims or damages arising from errors or omissions of the STATE, its officers, agl:!nts, or employees. 17. AMENDMENT PROVISION This Agreement may not be amended, except in writing, which writing will be expressly identified as a part of this Agreement, and must be signed by an authorized representative of each of the parties. Page 6 of 10 DOT Legal: __ _ 18. CERTIFICATION REGARDING LOBBYING The CITY and BMU each certify, to the best of the CITY'S and BMU'S knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY or BMU, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any of the above mentioned parties, the CITY and BMU will each complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The CITY and BMU will each require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification will be subject to a civil penalty or not less than $10,000 and not more than $100,000 for each such failure. 19. EMPLOYEE STATUS Any officer, employee, or agent engaged in joint action under this Agreement will remain an employee with his or her agency during participation in joint action under this Agreement. Each agency will retain exclusive responsibility for its officers, agents, and employees while these officers, agents, and employees are engaged in joint action under this. Agreement, including but not limited to responsibility for regular and overtime wages and salaries, unemployment benefits, workers' compensation coverage, health insurance, or other benefits, and liability coverage and indemnity, except as otherwise specifically provided in this Agreement. 20. The CITY has designated its Mayor as the CITY'S authorized representative and has empowered the Mayor with the authority to sign this Agreement on behalf of the CITY. A copy of the CITY'S Commission minutes or resolution authorizing the execution of this Agreement by the Mayor as the CITY'S authorized representative is attached to this Agreement as Exhibit M. 21. BMU has designated its BMU board President as BMU'S authorized representative and has empowered the President with the authority to sign this Agreement on behalf of BMU. A copy of BMU'S minutes or resolution authorizing the execution of this Agreement by the President as BMU'S authorized representative is attached to this Agreement as Exhibit N. Page 7 of 10 DOT Legal: __ _ The CITY and BMU, by signing this Agreement, evidence authority to enter into this Agreement through formal action of their governing bodies. City of Brookings, South Dakota By: ________________________ _ Its: Mayor Date:------------------------- Attest: City Auditor/Clerk (CITY SEAL) City of Brookings, South Dakota Brookings Municipal Utility Board By: _______________ ~--------- Its: Board President Date: -------------:-----:----- Attest: Secretary Page 8 of 10 State of South Dakota Department of Transportation By: ________________________ _ Its: Project Development Engineer Date:-------------------- Approved as to Form: Special Assistant Attorney General DOT Legal: ____ _ AGREEMENT BETWEEN THE POLITICAL SUBDIVISION AND THE STATE FOR HIGHWAY ENCROACHMENTS PROJECT P-PH 0014(172)418 PCN 01TJ EXHIBIT"A" The following encroachments will either be removed or permitted to remain by action of the South Dakota Department of Transportation Commission for the period specified in this Exhibit: 1. Landscaping and fencing items Permits will be issued by the Department of Transportation Area Office allowing the following encroachments to remain. The replacement, upgrading, or refurbishing for any reason, including storm damage of encroaching fence or other landscaping obstacles, must be relocated/installed out of the right- of-way. Pic# Station 2. Smaller signs, portable items Description N/A Encroaches The following encroachment(s) will be removed from the right-of-way prior to construction: Pic# Station Description N/A. 3. Smaller signs on posts, parking areas Encroaches The following encroachment(s) will be removed from the right-of-way prior to end of construction: Pic# Station Description N/A 4. Large signs or other items on footings Encroaches The following encroachments are permitted to remain by action of the South Dakota Transportation Commission for a period of time which should not exceed five (5) years after completion of the project or sooner if they become functionally or structurally obsolete for any reason, including storm damage. This permission will be in the form of a permit/agreement issued by the Department of Transportation Area Office with each property owner and will be recorded as an encumbrance on the property. Pic# Station Description N/A Page 9 of 10 Encroaches DOT Legal: __ _ 5. Buildings, canopies, and other items greater than 0.4 foot encroachment The following buildings, canopies, and other items are located inside the right-of-way and encroach by greater than 0.4 foot. A revocable occupancy permit will be issued by Department of Transportation Property Management and will be recorded against the properties. Pic# 1 Station 26+0,Rt. Description Building roof canopy Encroaches 1.0 foot 6. Buildings, signs, and other items with 0.4 foot or less encroachment The following buildings, signs, and other items are located inside the right-of-way and encroach by 0.4 foot or less. Variations in Survey Monumentation may put the encroachment outside the right-of-way. Land owner will be advised to check for accuracy of their property line prior to any adjustments or improvements to the items. Pic# Station Description N/A 7. Awnings and attached signs meeting criteria Encroaches Permits will be issued by the Department of Transportation Area office allowing the following encroachment(s) to remain as per paragraph 3.C.i. and 3.C.iii. The replacement, upgrading, or refurbishing for any reason including storm damage of these encroachments must be relocated/installed out of the right-of-way or be at least 3' behind the curb and at least 8' above the curb. Pic# Station Description N/A Page 10 of 10 Encroaches DOT Legal: __ _ December 18, 2012 City of Brookings 149 Contracts & Change Orders 14. Action on Resolution No. 181-12, a Resolution Annexing the following property for the airport: Outlots 1A and 2 in the NE ¼ of Section 28- T110N-R50W, and the SW ¼ of the NW ¼, except Sublots A and B of Outlot 1, in Section 27-T110N-R50W. Applicant: City of Brookings Proposal: Annex three (3) parcels on the west side of the city Background: The airport runway realignment and expansion project is underway. This project will result in a westerly shift of the runways and approach zones. Several landowners have property that has or will be purchased by the City in the near future as a result of this project. Specifics: The three (3) parcels proposed for annexation are owned by the City. They are shown in relation to the current city limits boundary. Other parcels will need to be annexed in the future to accommodate the airport expansion project. The three (3) parcels, combined, contain 116 acres. Recommendation: The Planning Commission voted _____ yes and _____ no to recommend approval/disapproval of the annexation.** **NOTE: The Planning Commission vote and minutes were not available at time of printing and will be provided under separate cover. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 150 Resolution No. 181-12 Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory, and Whereas, The City of Brookings desires to annex the following described property, to wit: Outlots 1A and 2 in the NE ¼ of Section 28-T110N-R50W, and the SW¼ of the NW¼, except Sublots A and B of Outlot 1, in Section 27-T110N-R50W Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings, and Whereas, the City of Brookings has received a Petition For Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less than three-fourths (3/4) of the legal voters residing in said territory, now therefore Be It Resolved by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Dated this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk G g 1. Hearing and action on a petition to anne x O utlots 1A and 2 in t he NE '/.of Section 28- T11 ON -R50W, and the SW'/. of the NW'/., except Sublots A and B of Outlot 1, in Section ea rth feetr-------------2ooo rreters~------------------soo PARCEL 3-SW 1/4, NW 1/4, EXCLUDING SUBLOTS A & B OF OUTLOT 1, SEC. 27-T110N-R50W ANNEXATION AERIAL AIRPORT EXPANSION DECEMBER 2012 \ ?1 ?TH _STREET CW _ 6TH STRFFT) " ~ / 742 .9' iJ) N (o cb w.E .,; ~· OUTLOT 1A s ..... Jr 00 Scale: 1" = 400' 263 .5' 'CITY I• I LIMITS\ I OUTLOT 2 I 722 .2' b '=! cO 00 0 0 ..... ..... ~ <( I 718.2' I- SECTION 28-1 1 0-50 c.D ~ :s: SW1/4, NW 114, ~ ~ EXCL. SUBLOTS .... .... ..... M A & B OF OL 1, 0> 0> SEC. 27-110-50 PLAT MAP WITH ANNEXATION PARCELS HIGHLIGHTED 292 .0' 417.0' .,., <-> cO <0 "' M 00 M 1. Hearing and action on a petition to an nex Outlots 1A and 2 in 417'.0' the NE 'lo of Sectio n 26 -T11 ON-RSOW , and the SW'Io of the NW'Io , ex cept Sublots A and B of Outlot 1, in Section 27 - T 110N-R50W ' ~ December 18, 2012 City of Brookings 153 Contracts & Change Orders 15. Action on Resolution No. 182-12, a Resolution pertaining to the Procurement of Professional Services for the City of Brookings. TO: Mayor and City Council Members FROM: Jeff Weldon, City Manager RE: Policy pertaining to the procurement of professional services Pursuant to your previous direction, I have been working with the Brookings Area Chamber of Commerce regarding a policy pertaining to the procurement of professional services not otherwise subject to state competitive bidding laws. Basically, this draft policy codifies the administrative policy I have been using which you reviewed when this issue was first brought to your attention by the Chamber, and further clarifies provisions for local service providers. This is part of a comprehensive public relations campaign by the Chamber for residents to be more cognizant of and support our existing local businesses and service providers. Staff recommends approval of this resolution. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 154 Resolution No. 182-12 Resolution Pertaining to the Procurement of Professional Services for the City of Brookings Whereas, the City of Brookings frequently utilizes a wide variety of professional services to implement the mission, services, programs, and strategic plan of the City, and Whereas, policies that encourage businesses to locate within the City of Brookings help strengthen the local economy, and Whereas, dollars expended on local vendors and employees leads to return on the investment through local vendors and employees spending earned dollars in Brookings; that such local purchases retains and circulates more money in the local economy, and Whereas, it shall be the commitment of the City to facilitate local economic development by encouraging the retention of City professional development expenditures within the local economy to the greatest extent possible, and Whereas, the City has a fiduciary responsibility to all taxpayers to seek the best possible value for the City in the procurement of professional services; Now, Therefore, Be It Resolved by the City Council of the City of Brookings that: 1) When considering contract awards for professional services, such contract shall be awarded to the proposer that represents the best value to the City in the sole determination of the City; and it is in the best interest of the City to secure multiple competitive proposals for such services. 2) When all such considerations constituting a best value determination are made and such considerations are deemed to be equal among two or more proposals, the award shall go to the local proposer. In the event two or more equal proposals are local, the City shall further revise with more detail the evaluation and make a selection from among the local proposals. 3) Consideration of “best value” determination shall include but not be limited to: (a) local presence, (b) price, (c) qualifications and capabilities, (d) quality of work, (e) applicable warranties, (f) service, (g) past experience with City, (h) reference checks (i) balance of awarded contracts among local firms; and that an objective system, to the greatest extent feasible, be applied to the evaluation of proposals based on these criteria. 4) All local firms may submit proposals for consideration for professional services with the possible exception of: (i) emergency situations; (ii) situations where state and federal contract procurement policies conflict with this policy; or (iii) for joint contracts with third parties who express preferences in providers. The City Manager may solicit proposals from non-local firms in the interest of obtaining multiple competitive proposals for the best possible value. 5) Professional Services subject to this policy are those defined in South Dakota Codified Law and are project-oriented for a limited duration. Professional services exempt from December 18, 2012 City of Brookings 155 this policy shall be those deemed to be on-going (i.e. City Attorney, Auditor, Bond Counsel, and Financial Advisor. 6) For professional services estimated to cost in excess of $75,000, formal Requests for Proposals (RFP) shall be made, local firms will be notified of the RFP via electronic or telephonic communication, and a formalized point evaluation system suitable for the service(s) requested will be used. The City may utilize RFPs for projects less than $75,000. 7) The following criteria helps to define the extent a service provider is local: (a) having a physical address in Brookings County; (b) owning or leasing commercial space in a commercially permitted address where that location is for the express purpose of providing the professional service; (c) a number of employees that work from the local office; and (d) corporate headquarters or local ownership. Passed this 18th day of December, 2012 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk December 18, 2012 City of Brookings 156 Contracts & Change Orders 16. Action on Resolution No. 174-12, a Resolution to exchange Federal Surface Transportation Program Funds for State Funds. The City of Brookings received a letter from Darin Bergquist, Secretary of the South Dakota Department of Transportation, offering counties and Class 1 cities the option to exchange their federal Surface Transportation Program (STP) allocation funds for State Funds for Fiscal Year 2013 (letter is attached). This option would allow the City to receive the allocation for Brookings as a payment of approximately $640,000 to use on local street and bridge projects. This option was offered to the counties and cities in 2012; however, Brookings did not elect to participate last year. The advantages to the City is the money can be spent on projects which are not on the federal highway system, the construction plans can be designed to local design standards instead of Federal Highway Standards, the project can be bid through the City, and the funds do not need to be spent in 2013. The disadvantage is the City would not receive the State’s 20% match for the $640,000, which would be approximately $128,000 if the funds would stay with the Urban STP program. City staff has examined the current fund balance in comparison with the projects currently on the STP list. The projects currently on the Urban STP list for 2013 are: • 12th Street South overlay between Main Ave. So. and Medary Ave. So. • Medary Avenue overlay between No. Campus Road and North City Limits • Traffic Signal at 12th Street South and 17th Avenue South • Traffic Signal at Main Avenue South and 20th Street South There is sufficient funding in the urban balance to fund the projects currently on the list. However, two future street overlays may be moved to a later year since the pavement conditions are still good. City staff recommends we participate in the proposed program to exchange the STP funds for State Funds for 2013. At this time, we anticipate the allocation will be used toward the Main Avenue South project since there is a funding shortfall with that project. This resolution will authorize the City of Brookings to participate and enter into an agreement for the swap program that SDDOT is offering for Federal Fiscal Year 2013 as referenced in the letter from Darin P. Bergquist, Secretary, South Dakota Department of Transportation. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call December 18, 2012 City of Brookings 157 Resolution No. 174-12 A Resolution to Exchange Federal Surface Transportation Program Funds for State Funds Whereas, the City of Brookings desires funding for the construction and improvement of local road and/or bridge projects; and Whereas, the City of Brookings Surface Transportation Program fund balance is sufficient for the projects currently programmed for the City of Brookings. Now Therefore Be It Resolved, that the City of Brookings elects to participate and enter into an agreement for the swap program that SDDOT is offering for federal fiscal year 2013 as referenced in the letter from Darin P. Bergquist, Secretary, South Dakota Department of Transportation. Vote of the City Council: Yes ______ No______ Dated at Brookings, SD, this 18th day of December, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Connecting South Dakota and the Nation November 8, 2012 Department of Transportation Office of the Secretary 700 E. Broadway Ave Pierre, SO 57501 Phone : 605-773-3265 FAX: 605-773-3921 Web site: www.sddot.com County Commissions and County Highway Superintendents City Councils and City Engineers--Class I Cities RE: STP FEDERAL HIGHWAY FUNDING Greetings: , .. The South Dakota Department of Transportation will again offer to counties and class I cities the ability to exchange their federal Surface Transportation Program (STP) allocation funds for state funds for this federal fiscal year (2013). Last year this program was utilized by 28 counties and 2 cities. This year's program will be identical to last year in that you may choose to exchange your federal highway funds for state funds. Like last year, rather than doing this on a project by project basis, these state funds will be immediately made available for use in meeting your highway needs as you determine appropriate. The program is again optional on the part of each local government entity receiving federal fund sub allocations. If you choose, you may elect to retain your existing federal funds if they better suit your current and future needs. If you have a negative balance in your federal STP account, you will not be able to participate in the program this year as you will not have available federal funds to exchange. Any State Infrastructure Bank (SIB) obligations you may have for funding of Emergency Relief projects will not be considered in determining your STP account balance. The funding allocations will be similar to last year, but with slight reductions due to the funding levels provided in the new federal highway funding program commonly referred to as MAP-21. As yet, Congress has not passed an appropriation bill for the entire federal fiscal year, so the exact reduction is not yet known. Please contact the Department's Director of Finance and Management, Kellie Beck, at 605.773.3284, or email her at Kellie.Beck@state.s d.us regarding whether you wish to participate or not. If we do not hear back from you by December 31, 2012, we will assume you do not wish to participate. If you elect to participate, you will need to enter into an agreement with the Department and each entity's governing body must take formal action in order to fully execute the agreement. In order for the Department to plan appropriately for federal fund programming, you must have a fully executed agreement with the Department by April1, 2013 if you wish to participate. If you have questions or need additional information regarding the program, please contact Kellie Beck . .1' December 18, 2012 City of Brookings 159 Second Readings & Public Hearings 17. Public hearing and action on Ordinance No. 30-12, an Ordinance pertaining to an Application for a Conditional Use for a Community Center in the Business B-2A District. Applicant: Prairie Hills, LLC Proposal: Construct a building to serve as a “clubhouse” for a new townhome association. Background: Prairie Hills Addition is a multi-use development planned for the 20th Street South/Main Avenue South area. A residential phase called “The Landing” will consist of about 45 twinhomes on private streets. The concept is similar to the Meadow Green Townhome Association on 22nd Avenue South. Specifics: The community center would serve as a gathering place for groups that were too large for an association member’s residence. In addition, certain utilities would be housed in the building. The building would have about 2,800 square feet of floor area per floor. Parking would run parallel with the private street along the south side of the lot. The petitioner’s property completely surrounds this lot. Recommendation: The Planning Commission voted 6 yes and 0 no, with one abstention, to recommend approval of a Conditional Use Permit for this use. Ordinance No. 30-12 An ordinance pertaining to an application for a Conditional Use for a Community Center in the Business B-2A District. Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for a Community Center on Lot 1, Block 4, Prairie Hills Addition with the following conditions: None. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 4, 2012 Second Reading: December 18, 2012 Published: City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call December 18, 2012 City of Brookings 160 Planning Commission Brookings, South Dakota November 6, 2012 OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Tuesday, November 6, 2012, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Mike Cameron, Alan Gregg, Al Heuton, John Sydow, Kristi Tornquist, and Avery. Donna DeKraai and Greg Fargen were absent. Also present were John Mills, Richard Shane, Chris Engen, Scott Peterson, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #4 – Prairie Hills, LLC has submitted an application for a Conditional Use Permit to establish a community center on Lot 1, Block 4, Prairie Hills Addition (Gregg/Bailey) Motion to approve the conditional use. All present voted aye, except Sydow abstained. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – John Mills, President of Prairie Hills, LLC, stated the community center would serve a new twinhome development. He submitted an elevation drawing showing the proposed architectural style of the building. He felt the center would be a useful amenity for residents of the area. Heuton asked about parking. Mills responded that there were 12 spaces planned for the center, and more could be added adjacent to the private street. As a comparison, the Meadowgreen Townhome community center had 14 spaces and that building was smaller. Cameron noted that residents of Meadowgreen often walk to their center. He felt the project fit in well with the proposed future uses. Bailey remarked that the center would add value to the development in regards to added services. Heuton felt the style of the building would blend in well with the neighborhood, and the center would compliment “The Landing” development. December 18, 2012 City of Brookings 161 Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT (a) Intent. This district is intended to provide for a mixture of office and other compatible and complimentary uses. This district is intended to be located in close proximity to commercial uses or used as a transitional zone between commercial and residential uses. An emphasis shall be placed on landscaping and site arrangement. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B-2A Office District. (c) Permitted Uses. 1. Office 2. Personal Health Service 3. Funeral home or mortuary (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: 1. Broadcast station or studio a. No broadcast towers allowed 2. Service Store or hair salon a. Floor area shall not exceed 2,000 square feet b. No tanning beds shall be allowed in conjunction with these uses (e) Conditional Uses. 1. Home occupation 2. Mixed business/residential use 3. Financial institution 4. Community center (f) Density, Area, Yard and Height Regulations. The B-2A district regulations shall be as follows: Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. All Uses - - 25' -* 20'* 35' *A twenty-five foot (25') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory Uses. Accessory uses and building permitted in the B-2A District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the B-2A District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign Regulations. Signs within the B-2A District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other Regulations. Development within the B-2A District shall be in conformance with the regulations set forth in article II of this chapter. 1. Hearing and actio n on an application for a co nditional use permit to establish a Community Center on Lot 1, Block 4, Prairie Hills Addit ion (71h Avenue South/2Q ih Street South area) FUTURE TWIN HOME GOLDENROD TRAIL •. -- CONDITIONAL USE PRAIRIE HILLS LLC .. ' 7th Ave~ So. 1. Hearing and action on an application for a conditional use permit to establish a Community Center on Lot 1, Block 4, Prairie Hi ll s Addition (7 1h Avenue South/2Qih Street South area) 20th St. So. ----~ --------·-·-- FUTURE BUSINESS ----;>~ COMMUNITY . CENTER LOT . TWINHOME DEVELOPMENT CONDITIONAL USE REQUEST PRAIRIE HILLS LLC December 18, 2012 City of Brookings 164 Second Readings & Public Hearings 18. TABLED ITEM: Ordinance No. 25-12, an Ordinance amending the Zoning Ordinance pertaining to the Conditional Use Permit process. To: Mayor and City Council Jeff Weldon, City Manager From: Mike Struck, Community Development Director Re: Proposed Amendments to the Conditional Use Permit Process The City of Brookings Zoning Ordinance defines a conditional use as a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted. A Conditional Use Permit is a permit issued by the City stating that a conditional use complies with all conditions and standards set forth in this ordinance and authorized by the respective authority. The Zoning Ordinance, in its entirety, can be found in Chapter 94 of the Code of Ordinances located on the City’s webpage www.cityofbrookings.org Each Zoning District contains a list of permitted uses, permitted special uses, and conditional uses and each must meet the density, area, yard, height requirements, parking, signage, and landscaping requirements for that particular zoning district unless expressly modified by the Board of Adjustment. A conditional use must also meet the minimum standards developed for a particular use and the Planning Commission and/or City Council may specify additional requirements in their discretion that are pertinent to the conditional use. The attached document, Conditional Use Data October 2012, lists the conditional uses identified in the Zoning Ordinance by their respective Zoning Districts as well as the minimum standards that must be met when being considered for a conditional use. In addition, the Planning Commission and/or City Council have the discretion to add additional requirements pertinent to the specific Conditional Use under consideration. South Dakota Codified Law provides the following guidance on authorizing a Conditional Use Permit: 11-4-4.1. Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request. A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, and the criteria for evaluating each conditional use. The approving authority shall consider the stated criteria, the objectives of the December 18, 2012 City of Brookings 165 comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use request. The statute provides flexibility by the municipality to determine the approving authority. This is in part due to the wide variety of methods utilized by municipalities in the conditional use process. The proposed amendments to the conditional use process will streamline the process for those conditional use applications that meet the requirements of the zoning ordinance and have little to no adverse impacts on the neighborhood in which the use is to be located. A review of the conditional use requests since 2010 revealed 80% of the requests had no opposition or adverse impacts. The proposed amendment language would have allowed these requests if approved by the planning commission to obtain a conditional use permit five business days after the planning commission’s determination. However, the current process extends out an additional eight weeks when factoring in the first and second reading and twenty day referral period of the ordinance. Staff reviewed the conditional use process to determine if there were areas where the process could be more efficient, in particular for those requests in which no opposition or adverse impacts are apparent. For conditional uses in which there is opposition or adverse impacts, aggrieved parties can appeal the decision of the Planning Commission to the City Council. An appeal hearing would be scheduled at a regularly scheduled City Council meeting following public notice and posting of signs on the property of the proposed conditional use. In addition to streamlining the approval process, other proposed changes include adding additional criteria for the site plan to aid in the decision making process, making the posting of signs on the property for an appeal mandatory, and major and minor plan amendments. Minor plan amendments are intended to allow applicants the opportunity to make minimal changes to their site plan, which have no external impacts on adjacent property. Major amendments would follow the normal public hearing process. The following amendment was approved during the November 13th City Council meeting. Sec. 94-226.5 Appeal. The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant, or any interested party may file a written appeal with the Community Development Department within five (5) working days of the decision. An interested party includes any person having an interest in the decision of the Planning Commission, including any agency of government or member of the City Council. December 18, 2012 City of Brookings 166 During the November 20th City Council Study Session, the above amendment was discussed relative to determining who would have standing to appeal a decision of the Planning Commission. The amendment was proposed as a compromise, however, after further discussion, it was advised by the City Attorney to revert to the original language proposed in Sec. 94-226.5 Appeal. The public notice and hearing requirements remain the same for the Planning Commission. If an appeal is filed, then the public hearing process continues similar to the current status whereas notice is published and a hearing is held at a regularly scheduled City Council meeting. There is a small change in the signage postings for the City Council public hearing in which the signs now become mandatory with a posting date of seven days immediately prior to the public hearing. The previously language was permissive. Staff and the Brookings Historic Preservation Commission have met and propose the following amendments to the ordinance: Sec. 94-224. Information on Site Plan 17. Historic District/Place – provide completed review by SD State Historic Preservation Office as required by Chapter 46 of the Municipal Code. This addition will require an applicant, who has submitted an application for a conditional use permit on property in a historic district or historic place, to submit their data to the BHPC/SD SHPO for all applicable reviews. The reviews would need to be completed prior to action by the PC. Sec. 94-226.5 Appeal has been revised back to its original form except for the change in the appeal time period from five (5) days to ten (10) days. City Manager Introduction Action: Action to Remove From Table, Resume Public Hearing, Roll Call December 18, 2012 City of Brookings 167 Ordinance No. 25-12 An Ordinance Amending the Zoning Ordinance of the City of Brookings and pertaining to the Conditional Use Permit Process for the Purposes of Administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning shall be amended as follows: Section 1. ARTICLE V. CONDITIONAL USES DIVISION 2. PERMIT Sec. 94-221. Generally The Planning Commission City Council may authorize by Conditional Use Permit the uses designated in this chapter when located in a zoning district allowing such use. The Planning Commission City Council shall impose such conditions as a part of the Conditional Use Permit as are appropriate and necessary to insure compliance with the Comprehensive Plan and to protect the public’s health, safety and general welfare. Unless expressly modified by the Board of Adjustment, all regulations of the zoning district in which the use is located shall apply. Sec. 94-222. Application To obtain a Conditional Use Permit, the applicant shall file a written application on a form furnished by the Community Development City Engineering Department. The application shall be submitted on or before the 15th of any month prior to the next regularly scheduled Planning Commission meeting. Every application shall contain the following information: 1. Legal description of the land upon which such conditional use is requested, together with local street address 2. Name and address of each owner of the property 3. Name, address, phone number and signature of the applicant 4. Zoning district classification under which the property is regulated at the time of such application 5. Be accompanied with a site plan unless waived by the Community Development City Engineering Department 6. Any other information concerning the property as may be requested by the Community Development City Engineering Department. Sec. 94-223 Fees. Upon the filing of any application for a Conditional Use Permit, the applicant shall pay to the City the appropriate fee as designated in Chapter 66 of this code. Sec. 94-224. Information on Site Plan. (a) In addition to the following information, plans shall be drawn to scale upon substantial paper or provided electronically cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this ordinance and all other relevant laws, ordinances, rules and regulations. The Community December 18, 2012 City of Brookings 168 Development City Engineering Department may waive the submission of plans if the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this ordinance. The site plan shall contain the following: 1. The address of the property and the legal description 2. The name of the project and/or business 3. The scale and north arrow 4. All existing and proposed buildings or additions and uses 5. Dimensions of all buildings 6. Distance from all building lines to the property lines at the closest points 7. Building height and number of stories 8. Dimensions of all property lines 9. Parking lots or spaces - designate each space, give dimensions of the parking lot, stalls and aisles 10. Perimeter screening - show height, location and type of material to be used any fencing, walls or hedges 11. Landscape plantings - The landscaped setback and trees; indicate species, location, and number of trees and material to be used for landscaping 12. Name and location of all adjacent streets, alleys, waterways and other public places 13. Interior screening – show height, location and type around parking lot and dumpster 14. Signage – indicate location of all freestanding signage 15. Lighting – show location and type of parking lot and exterior building wall lighting 16. Architecture – provide representative elevations of all buildings 17. Historic District/Place – provide completed review by SD State Historic Preservation Office as required by Chapter 46 of the Municipal Code. (b) Approved plans shall not be changed, modified, or altered without authorization from the Planning Commission or City Council giving final approval, and all work shall be done in accordance with the approved plans. Sec. 94-225. Planning Commission Hearing. (a) Setting of date. Upon the filing of an application for a Conditional Use Permit with the Zoning Administrator Officer accompanied by the fee in the manner prescribed in Chapter 66 of this code, the Zoning Administrator Officer shall set a date for public hearing. The date for a public hearing shall be a day when the Planning Commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted by the Planning Commission. Public notice for this meeting and changes to be considered shall be given by publishing ten days in advance by publication in a legal newspaper of the municipality, the date of the hearing and the time and place when and where all persons interested shall be given an opportunity to be heard. (b) Posting signs. Signs shall be posted on the property at least for a continuous period of seven (7) days immediately prior to any public hearing held by the Planning Commission to consider the application. Said signs shall be furnished by the City and posted by the applicant in the numbers and locations prescribed by the Zoning Administrator Officer. Said signs shall be December 18, 2012 City of Brookings 169 removed and disposed of properly within three days returned to the Zoning Officer one day after the public hearing on the request. Sec. 94-226. Planning Commission Decision Report. The Planning Commission shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use request. submit to the City Council a final report containing its recommendations on those applications for Conditional Use Permits which it has considered. If no report is received from the Planning Commission in sixty-five (65) days, the Conditional Use Permit shall be considered approved. The Planning Commission, in making its determination on an application, may approve, modify, or deny said application. Sec. 94-226.5 Appeal Originally proposed on October 9, 2012: The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant or any person aggrieved by said decision shall file a written appeal with the Community Development Department within five (5) working days of the decision. Amendment approved October 23, 2012: The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant or any person aggrieved by said decision shall file a written appeal with the Community Development Department within five (5) working days of the decision. An interested party includes any person having an interest in the decision of the Planning Commission, including any agency of government or member of the City Council. New Amendment proposed December 4, 2012: The following language is being recommended by staff and the Brookings Historic Preservation Commission. The language is the same as originally proposed in the ordinance with the exception of the time to file a written appeal has been changed from five (5) to ten (10) working days. The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant or any person aggrieved by said decision shall file a written appeal with the Community Development Department within ten (10) five (5) working days of the decision. Sec. 94-227. City Council Hearing. When an appeal from the decision of the Planning Commission has been filed in accordance with Sec. 94-226.5, the City Council shall conduct a public hearing to act on the application. (a) Publication of time and place. The City Council shall conduct a public hearing to act on all applications which have been processed and forwarded to it for public hearing as provided in this ordinance. The City Manager or designee shall cause to be published, ten December 18, 2012 City of Brookings 170 days prior to the date of the adoption of the ordinance, the time and place, when and where all persons interested shall be given an opportunity to be heard. (b) Posting signs. Notice of such hearing shall may also be required to be given by posting signs on the property. Signs shall be posted on the property at least seven (7) days immediately prior to any public hearing held by the City Council to consider the application. Said signs shall be furnished by the City and posted by the appellant, if the appellant is the applicant, in the numbers and locations prescribed by the Zoning Administrator. If the appellant is not the applicant, said signs shall be posted by the Zoning Administrator or his designee. Said signs shall be removed and disposed of properly within three days after the public hearing on the request. If signs are required by the Zoning Officer, the regulations as set forth in Section 94-225(b) shall apply. (c) Hearing. At the public hearing on any application for a conditional use permit, the city council shall review the decisions and recommendations of the planning commission of any application coming before the city council as provided in this chapter. The city council, in making its determination of such application, may amend the application in accordance with or in modification or rejection of the decision recommendation of the Planning Commission. Sec. 94-228. Amendments Amendments shall be processed in the same manner as a Conditional Use Permit is processed. The City Council or Planning Commission gives final approval, and all work shall be completed and enforced in accordance with the approved plan. Approved plans shall not be amended without approved authorization as noted below: Plan Amendments (a) Any approved conditional use plan or conditional use plan addendum may be amended as provided in this section, or entirely withdrawn by the applicant. The Community Development Department may approve administrative amendments to an approved plan without notice or hearings, after consideration of the record from the original public hearing on the plan. (b) Minor changes to an approved conditional use plan shall be done administratively. Minor changes may include minor relocation or reorientation of buildings, lot lines, or easements; relocation of points of access; relocation of internal access and circulation; minor relocation or rearrangement of parking areas; reduction in the designated parking spaces, but not less than required under Division 4. Parking, Stacking, and Loading; and reorientation of landscaping. Major changes to an approved conditional use plan shall follow the public hearing approval process. Major changes may include major relocation or reorientation of buildings or parking areas which have external impacts on adjacent property; and major reductions in landscaping or screening, but not less than required under Section 94-399. Sec. 94-229. Expiration. December 18, 2012 City of Brookings 171 (a) A conditional use permit shall expire one (1) year from the date upon which it becomes effective if no significant work has commenced. Upon written request to the Community Development Director and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted, subject to the following conditions: (1) There was no public objection presented during the public hearing process for the original conditional use permit; (2) The land uses for the surrounding properties have not changed or significantly altered since the original approval date for the conditional use permit; (3) The project could not be substantially completed within the required one-year time frame due to unforeseen circumstances related to engineering and environmental studies or construction delays relating to specific elements of the project. (b) A conditional use permit approved in accordance with Article V. Conditional Uses, shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district. Sec. 94-230. Preexisting Uses. An existing use eligible for a Conditional Use Permit which was lawfully established on the effective date of this title shall be deemed to have received a Conditional Use Permit as herein required and shall be provided with such permit by the city upon request, and it shall not be a nonconforming use, provided, however, for any enlargement, extension, or relocation of such existing use, an application in accordance with this section shall be required. Sec. 94-231. Reapplication. No applicant requesting a Conditional Use Permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the Planning Commission or City Council shall be again considered by the Planning Commission before the expiration date of six (6) months from the date of the final action on the original petition. Sec. 94-232. Permit Revocation If the Community Development Director finds, at any time, that the terms, conditions, and requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under said conditional use permit, or any amendment thereto, the Director shall report this fact to the permittee and the Planning Commission. The Planning Commission may, after conducting a public hearing, of which the permittee shall be notified, submit a recommendation to the City Council for their consideration and action. The City Council may, after a public hearing of which the permittee shall be notified, revoke such conditional use permit for failure to comply with such terms, conditions, and requirements, or take such other action as it may deem necessary to obtain compliance. Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: September 25, 2012 December 18, 2012 City of Brookings 172 Second Reading: October 9, 2012 TABLED October 23, 2012 TABLED December 4, 2012 TABLED December 18, 2012 Published: CITY OF BROOKINGS, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk December 18, 2012 City of Brookings 173 CONDITIONAL USE PERMIT HISTORY (January 2010 - June 2012) DATE REQUEST OPPOSITION/ PC RECOMMENDATION ADVERSE IMPACTS 2-2-2010 Home Occupation none denied - non compliance 2-2-2010 Contractors Shop none approved 3-2-2010 Private Stable none approved 4-6-2010 Contractors Shop none approved 5-4-2010 Church in B-2 none approved 7-6-2010 Office in R-2 none approved 10-5-2010 Home Occupation none approved 12-7-2010 Home Occupation none approved 3-1-2011 Brewpub in B-1 none approved 3-1-2011 Office in R-2 none approved 8-2-2011 Office in R-2 yes - Substantial denied* 10-4-2011 Home Occupation yes - minor denied 12-6-2011 Apartment in R-2 none approved 2-7-2012 Home Occupation yes - minor approved 3-12-2012 Kennel in B-3 none approved * Applicant withdrew request prior to CC meeting December 18, 2012 City of Brookings 174 Conditional Use excerpts from the Zoning Ordinance Definitions: Conditional Use: A use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted (See Conditional Use Permit) Conditional Use Permit: A permit issued by the City or by Joint City and County authority stating that a conditional use complies with all conditions and standards set forth in this ordinance and authorized by the respective authority. Sec. 94-122. AGRICULTURAL A DISTRICT (e) Conditional Uses. 1. Airport 2. Quarry 3. Cemetery 4. Hot mix plant 5. Private or riding stable 6. Campground/RV Park 7. Animal Hospital 8. Kennel Sec. 94-123. RESIDENCE R-1 RURAL ESTATE DISTRICT (e) Conditional Uses. 1. Family day care 2. Major home occupation 3. Private lake 4. Private or riding stable Sec. 94-124. RESIDENCE R-1A SINGLE-FAMILY (e) Conditional Uses. 1. Agriculture 2. Major home occupation 3. Public recreation facility 4. Non-municipal library, museum, art gallery, 5. Private lake 6. Private stable Sec. 94-125. RESIDENCE R-1B SINGLE-FAMILY (e) Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home 3. Two family dwelling December 18, 2012 City of Brookings 175 4. Group home 5. Major home occupation 6. Public recreation facility 7. Non-municipal library, museum, art gallery, 8. Private lake 9. Bed and breakfast establishment Sec. 94-125.5. RESIDENCE R-1C SINGLE-FAMILY (e) Conditional Uses. 1. Retirement or nursing home 2. Two family dwelling 3. Group home 4. Major home occupation 5. Public recreation facility 6. Bed and breakfast establishment Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT (e) Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home 3. Group home 4. Major home occupation 5. Public recreation facility 6. Non-municipal library, museum, art gallery, community center, private club or lodge 7. Domestic abuse shelter 8. Townhouse 9. Apartment or condominium 10. Office 11. Bed and breakfast establishment 12. Fraternity/Sorority 13. Day Care Facility Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT (e) Conditional Uses. 1. Public recreation facility 2. Non-municipal library, museum, art gallery, community center, private club or lodge 3. Major home occupation 4. Vocational or trade school 5. Office 6. Bed and breakfast Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/ MANUFACTURED HOUSING. (e) Conditional Uses. 1. Public recreation facility December 18, 2012 City of Brookings 176 2. Non-municipal library, museum, art gallery, community center, private club or lodge 3. Major home occupation 4. Vocational or trade school 5. Office 6. Mobile home/manufactured housing park 7. Bed and breakfast establishment Sec. 94-129. RESIDENCE RMH SINGLE-FAMILY AND MANUFACTURED HOUSING DISTRICT (e) Conditional Uses. 1. Major home occupation 2. Public recreation facility 3. Non-municipal library, museum, art gallery, community center, private club or lodge 4. Retirement or nursing home 5. Vocational or trade school Sec. 94-130. RB-4 NEIGHBORHOOD BUSINESS DISTRICT (e) Conditional Uses. 1. Church 2. Gas dispensing station Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT (e) Conditional Uses. 1. Repair garage 2. Assembling and packaging 3. Apartments for the elderly 4. Broadcast Tower 5. Community Center 6. Drive-in Food Service 7. Brewpub 8. Church Section 94-132. BUSINESS B-2 DISTRICT (e) Conditional Uses. Conditional uses in the B-2 district are as follows: 1. Wholesale trade 2. Automobile service station 3. Repair garage 4. Assembling and packaging 5. Freight handling 6. Manufacturing, light 7. Domestic abuse shelter 8. Apartment 9. Small animal clinic 10. Church 11. Outdoor sales December 18, 2012 City of Brookings 177 Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT (e) Conditional Uses. 5. Home occupation 6. Mixed business/residential use 7. Financial institution 8. Community center Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT. (e) Conditional Uses. 1. Assembling and packaging 2. Freight handling 3. Manufacturing, light 4. Mixed business/residential use 5. Contractors shop and storage yard 6. Buy back center for recyclables 7. Household hazardous waste site 8. Light processing facility 9. Transfer site for recyclables 10. Day care facility 11. Kennel 12. Truck and trailer rentals 13. Farm Implement Sales Sec. 94-135. BUSINESS B-4 HIGHWAY DISTRICT (e) Conditional Uses. 1. Assembling and packaging operation 2. Freight handling 3. Manufacturing, light 4. Buy back center for recyclables 5. Household hazardous waste 6. Day care facility 7. Transfer site for recyclables 8. Kennel 9. Farm Implement sales Sec. 94-135.5. BUSINESS B-5 PLANNED RESEARCH AND BUSINESS DISTRICT (e) Conditional uses. Conditional Uses in the B-5 District are as follows: 1. Assembling and Packaging a. An emphasis shall be placed on landscaping around parking lots, loading areas and storage areas. b. Special attention shall be given to minimizing noise and glare. c. The site area ratio to building area ratio shall not be less than 2:1. 2. Recreation Facility December 18, 2012 City of Brookings 178 a. Activities that attract spectators shall provide adequate accommodations for crowds that may attend such events. b. Consideration shall be given to the noise and traffic generated and the hours of operation of any outdoor activities. 3. Restaurant Sec. 94-136. INDUSTRIAL I-1 LIGHT DISTRICT (e) Conditional Uses. 1. Kennel 2. Broadcast Tower 3. Outdoor Sales 4. Concrete Plant 5. SWECS Sec. 94-137. INDUSTRIAL I-2 HEAVY DISTRICT. (e) Conditional Uses. 1. Manufacture of acid, cement, lime, gypsum, plaster of paris, asphalt, explosives, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia 2. Refining of fat, grease, lard, tallow or petroleum 3. Processing of grain, forage, toxic material, hides or furs 4. Distillation of products 5. Junkyard 6. Stockyards/slaughtering of animals 7. Rendering 8. Smelting 9. Boilerworks 10. Tank farm 11. Grain terminal 12. Farm store/feed store 13. Crematorium 14. Personal Health Services 15. Kennel 16. Broadcast Tower 17. Outdoor Sales 18. SWECS DIVISION 3. CONDITIONAL USE STANDARDS Sec. 94-251. Generally Any conditional use approved by the Planning Commission or City Council shall conform to the standards for such uses as set forth below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses and the Planning Commission or City Council may require additional requirements in their discretion. In all cases, the impact of the proposed use on the adjacent properties will be a significant consideration. December 18, 2012 City of Brookings 179 Sec. 94-252. Agriculture Agricultural uses in a residential zone shall be limited to the growing and cultivation of crops. No equipment shall be stored on the premises. Sec. 94-253. Airport Airports shall be sited with consideration to all potential obstructions existing in the surrounding area. Consideration shall also be given to future land use patterns within all approach zones. Sec. 94-254. Animal Hospital This use shall not be located in an area where it could have a negative impact on adjacent properties due to its size, noise or the traffic generated from such use. The parking area shall be designed to have a minimal impact on the surrounding residential properties. Sec. 94-255. Apartment. (a) Generally. Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be designed to have a minimal impact on surrounding residential properties. (b) For elderly. Special attention shall be given to the size and proximity of a parking area devoted to such uses in the Central Business District. Sec. 94-256 Assembling/Packaging Operation These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the parking lot upon adjacent properties. Provisions set forth in division 4 of article VI of this chapter shall be adhered to and submitted prior to approval. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible. Sec. 94-257 Automobile Service Station Such uses shall provide for an adequate number of parking spaces to store vehicles. No fuel delivery pump shall be located within twenty (20) feet of any side lot line nor twenty-one (21) feet of any front lot line. No fuel pump shall be located within fifty (50) feet of a lot line which lies next to a residential district. All applicable laws and ordinances shall be complied with. Sec. 94-258. Bed and Breakfast Establishment Bed and breakfast establishments shall comply with the following conditions: (1) They shall be limited to an accessory use within a single-family dwelling. Preference will be given to buildings with historic or other unique characteristics. (2) They shall be registered with the South Dakota Department of Health, maintain a guest list and provide a smoke detector in each sleeping room. (3) A site plan shall be submitted including the interior layout of the building and exterior design of the premises. (4) Not more than two (2) guest rooms shall be used for such purposes (5) Off-street parking areas for guests shall be located so as to have a minimal impact on adjacent residential property. December 18, 2012 City of Brookings 180 (6) Signs shall be non-illuminated with a maximum area of three (3) square feet, a maximum height of four (4) feet, and a setback from any lot line of six (6) feet. (7) Meals shall be limited to a breakfast or a brunch. Meals shall be prepared in the owner’s kitchen and served only to overnight registered guests. Cooking in any guest room is prohibited. (8) The length of stay of any registered guest shall not exceed fourteen (14) days during any one hundred twenty (120) day consecutive period. Sec. 94-260. Boilerworks Such uses shall be located in areas where the impact of odors and noise on residential districts will be minimized. Traffic to and from the site should not travel on residential streets. Sec. 94-260.3 Brewpub A brewpub shall comply with the following conditions: 1. The area used for brewing, including bottling and kegging, shall not exceed 25% of the total floor area of a combined restaurant and drinking establishment and 50% of the total floor area of a drinking establishment without restaurant services. 2. A malt beverage manufacturer’s license must be obtained per state law. 3. An alcohol beverage license must be obtained per city ordinance. 4. The brewery shall not produce more than 1,500 barrels of beer or ale per year. A barrel contains thirty-one (31) gallons. 5. The method and frequency of grain shipments to the site shall be provided 6. The method and frequency of spent grain disposal shall be provided Sec. 94-260.5. Broadcast Tower Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting, and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall such tower be located in any airport flight path. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb. Sec. 94-261. Buy Back Center for Recyclables Such facilities shall consist of a completely enclosed structure. A list of the types of recyclable material to be collected shall be approved by the Deputy Health Officer. Sec. 94-262. Campgrounds Campgrounds for tents, tent trailers, and recreational vehicles should be sited with consideration for access to the property. The following conditions shall be complied with: 1. Each campsite shall contain at least 2,000 square feet. 2. The campgrounds shall be supplied with a water supply and sewage disposal facilities, including washing, toilets, and similar facilities, and all of which shall meet all applicable city codes and regulations. 3. Front, side and rear yards of fifty (50) feet shall be maintained on the campground. December 18, 2012 City of Brookings 181 4. The access to public roads and highways shall be paved or surfaced in a manner similar to adjacent public roads and shall be approved by the city. 5. Access roads shall be provided to each campsite and all access roads shall have a minimum unobstructed width of fourteen (14) feet for all one-way roads, and twenty (20) feet for all two-way roads. 6. Campsites shall be used by the same persons as temporary/seasonal stays only and no stay shall exceed sixty (60) days in any one calendar year. 7. No mobile homes/manufactured homes shall be located in any campground, except that one shall be permitted as an office for the campground. 8. All campground operators shall keep accurate records as to the length of time a person stays in the campground, and shall make said records available to any city official upon request. Sec. 94-263. Cemetery This use shall have a minimum of 40 acres. An adequate road system with parking for mourners shall be provided. Scattering areas or gardens shall be established within the interior of the cemetery. Sec. 94-264. Church This use shall be located on a collector or arterial street. The parking area shall be designed to have a minimal impact on surrounding residential properties. Due to the unique character of the Business B-1 District, the establishment of the use in this district shall be subject to additional standards that require a minimum of 15 on-premise parking spaces or a site location boundary that is within 200 feet of a public parking lot. Sec. 94-264.5. Community Center Such uses shall be located in close proximity to a public parking lot in order to supplement the parking needs of the use. All accessory activities associated with the use and the location of such activities shall be shown on a building and site layout. Sec. 94-264.8. Concrete Plant This use shall not be located near or adjacent to uses that would be negatively impacted due to fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on residential streets to reach major transportation routes. Outdoor material storage areas shall be located in the interior of the lot and away from any right-of-way. All runoff from the material storage areas or generated by the operation shall be contained on-site. Sec. 94-265. Condominium Such uses shall not be located in an area where it could have a negative impact upon adjacent properties due to its size or the traffic generated from such use. Sec. 94-266. Contractor Shop and Storage Yard December 18, 2012 City of Brookings 182 Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be localized in an area on the lot which will minimize the impact upon adjacent uses. Any lighting of the storage yard should be done in a way that will not cause a glare onto residential properties. Sec. 94-267. Crematorium This use shall include an adjacent holding facility but not a scattering area or garden. All applicants shall comply with all applicable environmental standards. Sec. 94-268. Day Care Facility, Nursery School These uses shall be located where an adequate and safe playground can be provided. The pick- up and drop-off areas shall be designed to provide a safe access to the facility and the site should be convenient for clients. Sec. 94-269. Distillation of Products (a) Facilities for distillation of products and grain terminals shall be located in a manner which minimizes the impact of odors from the plant on residential and recreation areas in the city. These facilities should be located in areas where traffic to and from the site would not travel on residential streets. (b) This section also applies to: (1) The manufacture of acid, cement, lime, gypsum, plaster of Paris, asphalt, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia. (2) Processing of grains, forage, toxic material, hides or furs. (3) Refining of fats, grease, lard, tallow or petroleum. (4) Smelting. Sec. 94-270. Domestic Abuse Shelter A shelter shall be a single housekeeping entity. The parking area shall be designed to minimize its impact upon adjacent residential properties. Sec. 94-270.2. Drive-in Food Service This use shall be located where ample on-premise vehicle stacking is available. The site design shall provide for clear sight angles for safe pedestrian and vehicular movement on and off the site. All egress points shall be designed to permit right turns only in order to reduce traffic conflicts. Menu boards, external illumination and intercommunication systems shall be designed to have a minimal impact on adjacent property. The service window location shall be not less than 50 feet from an adjacent property. The City Engineer and / or Traffic Safety Committee shall review any proposal that causes a reduction in on-street parking and submit their findings to the commission. December 18, 2012 City of Brookings 183 Sec. 94-270.5. Farm Implement Sales These uses shall take special care to present an uncluttered appearance, allowing for the attractive display of machinery that is for sale, while discouraging the outside storage of any equipment, parts or materials. Inoperable machinery kept only for parts sales shall be located on the interior of the lot or screened from adjacent properties or a public right-of-way. Sec. 94-271. Farm Store/Feed Store The handling and storage of fertilizer and farm chemicals shall conform to all federal, state and city codes. Consideration should be given to the location of these products on the lot. Sec. 94-272. Financial Institution Such uses shall locate any drive-up service window device in such a manner as to minimize its impact on adjacent properties. Sec. 94-273. Floodway Structure Such structures shall be located so as not to have a negative impact upon adjacent property. Sec. 94-274. Fraternity/Sorority houses Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be regulated according to Section 94-400, hard-surfaced parking, and Section 94-401, screened parking. Sec. 94-275. Freight Handling Such uses shall be sited and designed in such a way as to minimize their impact on adjacent properties. Freight loading areas shall be screened from adjacent residential areas. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible. Sec. 94-276. Gas Dispensing Station The site shall be designated to allow for the stacking of vehicles on the premises. No fuel delivery pump shall be located within twenty (20) feet of any side lot line nor within twenty-one (21) feet of any front lot line. No fuel pump shall be located within fifty (50) feet of a lot line which lies next to a residential district. The applicant shall comply with all applicable laws and ordinances. Sec. 94-277. Group Home A group home shall generally be located in an area where the residents are close to services. Applicants shall provide statements as to the type of supervision the home will have and be prepared to present information on all anticipated physical changes to the structure. Sec. 94-278. Home Occupation, Major Major home occupations shall be in complete conformance with Section 94-362. December 18, 2012 City of Brookings 184 Sec. 94-279. Hot Mix Plant Such uses shall be located in areas where the odor and noise will not be detrimental to adjacent property owners. Traffic to and from the site shall not travel on minor residential streets. Sec. 94-280. Household Hazardous Waste Site Such uses shall be within a completely enclosed building. The applicant shall comply with the provisions of all applicable laws and ordinances. Sec. 94-281. Junkyard These uses shall generally be located in areas that are removed from the principal and minor arterials of the city. Special consideration shall be given to the inclusion of screening around the storage area. Sec. 94-282. Kennel This use shall be located in areas where the noise generated by such use would not be a nuisance or detriment to adjacent properties. A fence separating the kennel operation from adjacent properties shall be required. Kennels within 400 feet of a residential district are not allowed. Kennels in conjunction with an animal hospital with indoor confinement may be established less than 400 feet from a residential district. Sec. 94-283. Light Processing Facility Such uses shall be located in a manner which will minimize the impact of noise on residential areas. These facilities should be located in areas where traffic to and from the site would not travel on residential streets. The impact of this use shall be minimized through screening when adjacent to main thoroughfares. Sec. 94-284. Manufacture or Storage of Explosives These uses shall be located in such a manner so as not to present a hazard to adjacent properties. A site plan and other related information shall receive approval by the appropriate departments of the City prior to establishing the use. Traffic to and from the site shall not travel upon residential streets. Sec. 94-285. Manufacturing (light) These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties. Provisions set forth in division 4 of article VI shall be adhered to and submitted prior to approval. Sec. 94-286. Mixed Business/Residential Uses Such business uses shall be only those uses permitted in the respective zoning district. Provisions set forth in Section94-41 shall govern all residential uses. Sec. 94-287. Mobile Home/Manufactured Home Park December 18, 2012 City of Brookings 185 This use shall be located in areas where it would be compatible with adjacent uses. Consideration should be given to recreation area, storm shelters and landscaping. In addition, the park shall be in conformance with Section 94-364. Sec. 94-288. Non-municipal Library, Museum, Art Galley, Community Center and Private Club and Lodge These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties. Sec. 94-289. Off-street Parking, Off Site The off-site parking shall be located within a 400 foot radius of the use it is intended to serve. The parking shall be restricted by a written agreement and contain the number of spaces and length of time such spaces are reserved. Sec. 94-290. Office Such uses shall be located on a collector or arterial street. Special attention shall be given to the architectural compatibility with surrounding residential properties. Consideration shall be given to the traffic generated by such use, the type of sign, the hours of operation and the character of the use. Parking shall be screened from any adjacent residential area. Sec. 94-290.5. Outdoor Sales Such uses shall be located or arranged in a manner that will display larger vehicles away from a residential district boundary line or by location toward the interior of the display lot. Larger vehicles shall not prohibit or disrupt traffic flow within or through the display lot. Sec. 94-291. Personal Health Services These uses shall be located in areas where access to the facility is safe and convenient. Consideration shall be given to siting these uses away from facilities which generate large quantities of smoke, dust, noise or heavy truck traffic. (Ord. 30-00, 11/27/00) Sec. 94-292. Private Lake A private lake will be allowed in some cases to be created by the mining of sand, gravel or other material. However, the mining shall be treated as a means to an end and any such plan shall stipulate a deadline after which time the mining will be terminated. A reclamation plan for the lake area and safety precautions to prevent public access to the site until such time as the mining is completed shall be provided. The developer shall be required to provide satisfactory evidence that the lake water will be of a sufficient level and quality to be an asset rather than a detriment to the neighborhood. Adjacent development shall be graded in a manner that will not permit runoff from the development to infiltrate the lake. The Planning Commission should examine whether or not there is a need for public access to the lake. Furthermore, the developer shall offer assurance that the lake will be constructed and maintained in the manner approved by the Planning Commission. December 18, 2012 City of Brookings 186 Sec. 94-293. Quarry This use shall be located where blasting, noise, dust or heavy truck traffic will not have a negative impact on adjacent uses. Storage, stockpiling and processing shall be located on the interior portion of the site. Sec. 94-294. Recreation Facilities Such uses shall be designed in a manner which will minimize the impact of traffic, noise and glare on the surrounding residential neighborhood. Sec. 94-295. Rendering facilities Such uses shall be located in areas where the impact of heat and odors on residential and recreation areas will be minimized. Traffic to and from the site shall not travel on residential streets. Such uses shall conform to all applicable laws and ordinances. Sec. 94-296. Repair Garage This use shall provide an adequate number of parking spaces to store vehicles and shall provide an indoor storage area for parts and materials. This parking area shall be designed to minimize the impact of the lot upon adjacent properties. Sec. 94-297. Retirement or Nursing Home Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar problems. Parking should be screened from any adjacent residential areas. Sec. 94-298. Small Animal Clinic Such use shall provide an area, sufficient in size and screened from view from adjacent uses, for the walking of patients. The use shall be of a design and scale which would not be detrimental to adjacent residential properties. Sec. 94-299. Stable (private or riding) These uses shall be established on lots with a minimum area of two acres and one acre of land shall be provided for each horse located thereon. No pasture shall be located within the required front yard setback and no horse shall be allowed to be kept within 125 feet of any building used for human habitation other than by the owner of such animal. No fencing shall be made of barbwire or connected to an electrical current. Sec. 94-300. Stockyard/Slaughtering of Animals Such uses shall be located in areas where the impact of odors and noise on residential and recreation areas will be minimized. Traffic to and from the site should not travel on residential streets. Such uses shall conform to all applicable laws and ordinances. Sec. 94-301. Tank Farm December 18, 2012 City of Brookings 187 Such uses shall conform to all federal, state and city codes and shall be designed with perimeter landscaping and/or fencing. These uses shall not be located adjacent to residential districts. Sec. 94-301.4 Telecommunication Tower Such uses shall be sited to minimize the visual impact on surrounding uses. The ability to provide stealth design elements and adequately screen the tower base and equipment facilities from any residential buildings shall be given special consideration. Co-location is important in minimizing the visual presence of towers within the community. Therefore, construction of any new tower shall have the capacity to accommodate more than one provider. A tower designed to accommodate up to three providers shall be allowed a maximum height of 120 feet. A tower designed for up to two providers shall be allowed a maximum height of 100 feet. Sec. 94-302. Townhouse Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. Sec. 94-303. Transfer Site for Recyclables Such facilities shall consist of a screened storage area where recyclable material is temporarily stored. A list of the types of recyclable material to be collected shall be approved by the Deputy Health Officer. Sec. 94-303.5. Truck and Trailer Rentals Display or storage shall be generally on the interior or rear of the lot. The land area shall be sufficient enough to avoid backing maneuvers into the public right-of-way. Sec. 94-304. Two-Family Dwelling Such uses shall have one frontage abutting on an arterial or collector street. Sec. 94-305. Vocational or Trade School Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar problems. Parking should be screened from any adjacent residential areas. Sec. 94-306. Wholesale Trade Such uses shall have no outdoor display or outdoor storage of goods or materials. Sec. 94-307. Wind Energy Conversion Systems, Small (SWECS) Small wind energy conversion systems shall comply with Section 94-367 Notional Leogue of Cities I Center for Reseorch and Innovation 6 . Your Regulatory Environment Your regulatory environment directly impacts rhe ease of doing business in your city. For business leaders, time is money; they wane co know chat the reguJacory process provides for timely, reliable and transparent resolution of key issues. If you r city's regularory policies are riddled wich delays, confusing and redundant seeps and multiple approval processes, a prospective business may very well choose co locate or expand in another community. Local officials can improve the regulatory environment for businesses by ensuring tbac the development review process and other policies are streamlined and transparent. The key co success is ensuring con- sistency and clarity about expectations, timelines, regulations, and costs. This will alleviate much of the uncenainty involved in economic development projects by allowing businesses to accurately anticipate the timing of the process and to build their plans accordingly. In addition, a better regulatory environ- ment can promote information-sharing and better comn1unication with local businesses so you can work together co identify potential challenges or problems. As a local elected official, your first step is co ensure that you have an understanding of the current regu - latory system and where there may be problems. This will require you to gather input from the business community about their frustrations and experiences. Working with your local chamber of commerce or ocher locaJ business organizations may be helpful in chis process. To gain additional perspective, you may want co consider going through che process yourself, as if you were a deveJoper or a new business. This will allow you to have firsthand knowledge of the time, costs, hassles and clarity of the process. When examining your regulatory process, be mindfuJ not to throw the good out with the bad. Not all development is good development, and it is important that your regulatory processes reflect your long- term economic development vision so you can safeguard against detrimental projects. The key for your city is to find a balance and remove unnecessary delays and hurdles, while still preserving the integrity of the community's economic development vision and goals. Ta king Actio n, Asking Q ue stion s • Are your local agencies charged with reguJarory processes attuned ro the needs of busi- nesses, particularly efficiency and transparency concerns? • Are there one-stop approvals or other ways to expedite review processes? • How long does it rake ro get a new development proposal in &one of a local planning board? • Do businesses have access to clear information about local regulations from one source? • Is chere a designated city staff person who helps facilitate the process to ensure that things go smoothly? 15 October 18, 2012 Shari Thornes, Brookings City Clerk Brookings City & County Government Center 520 3rd Street, Suite 230 Brookings SD 57006 RE: SDCL 1-19A-11.1 Consultation for Conditional Use Permit Dear Ms. Thornes: The South Dakota State Historic Preservation Office (SD SHPO) of the South Dakota State Historical Society takes the position that the issuance of a change of use permit within an existing zoning district is an action subject to review under South Dakota Codified Law 1-19A-11.1. Under SDCL 1-19A-11.1, the SD SHPO reviews any project the City undertakes which will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places. Our Administrative Rules (ARSD 24:52:00 [14]) define “project” as “an activity, permit, plan, or action, including restoration or rehabilitation, which affects or may affect the physical structure or physical setting of a historic property.” A conditional use permit could lead to physical impacts on the setting of a historic property or to a building itself. In the Brookings Zoning Ordinance (Chapter 94 of the Code of Ordinances), each zoning district contains a list of permitted uses, permitted special uses, and conditional uses. The zoning ordinance defines conditional use as “a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.” Other laws and regulations show that changes in use are of concern when it comes to historic preservation. Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties. Examples of adverse effects in the Code of Federal Regulations include “change of the character of the property’s use or of physical features within the property’s setting that contribute to its historic significance.” (36 CFR Part 800.5 (2004). State law (SDCL 1-19B-45) enables local governments to adopt locally designated historic districts and require a county or municipality to obtain a Certificate of Appropriateness from the local Historic District Commission prior to the approval of any change of zoning classification within the local historic district. The Secretary of the Interior’s Standards for Rehabilitation also mention the potential impacts of changes in use. Standard #1 says, “A property will be used as it was historically or be given a new use that required minimal change to its distinctive materials, features, spaces, and spatial relationships.” Further, State enabling law for conditional use requires the authority approving a conditional use to consider the objectives of the City’s comprehensive plan (11-4-4.1). Preservation concerns, which would include change of use, are prevalent in the spirit of the City of Brookings Comprehensive Plan. In sum, this letter serves to notify the City of Brookings that the State Historic Preservation Office of the South Dakota State Historical Society considers the City’s issuance of any conditional use permit that would damage, encroach upon, or destroy, any property included in the national register of historic places or the state register of historic places, an action reviewable under SDCL 1-19A-11.1. Our office is available to provide further guidance or training concerning the steps of the 11.1 review process. Please feel free to contact our Restoration Specialist, Paul Porter, at (605) 773-6005 or paul.porter@state.sd.us with any further questions. Sincerely, Jay D. Vogt State Historic Preservation Officer December 18, 2012 City of Brookings 191 Second Readings & Public Hearings 19. Public hearing and action on Ordinance No. 28-12, an Ordinance Revising Article IV and Pertaining to Excavations in the City of Brookings, South Dakota. City staff and City Attorney Steve Britzman have been reviewing Article IV of the Code of Ordinances pertaining to Excavations. This section of the code has not been updated for some time and clarifications are needed to address some issues the City has had regarding excavations on City streets. These issues include: not obtaining the proper excavation permits, closing city streets without the City’s approval, using substandard traffic control, and lack of street repairs. The length of the warranty for excavation repairs is currently five years, but the revised ordinance expands on the excavator’s responsibility during those five years. The updated ordinance will also allow the City to have the repairs made and the excavator billed for the work. This Ordinance will approve the updated language regarding Excavations. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call December 18, 2012 City of Brookings 192 Ordinance No. 28-12 An Ordinance Revising Article IV and Pertaining to Excavations in the City of Brookings, South Dakota. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, As Follows: I. ARTICLE IV. EXCAVATIONS Sec. 74-141. Permit required. No person shall make or cause to be made any excavation in or upon any street, sidewalk, alley or public ground in the City; nor shall any person remove soil, paving, gravel or any material therefrom without first having obtained a permit therefor from the City engineer. Exceptions shall be made for work that is contracted directly with the City or for emergency work. For emergency work, contractor shall immediately notify the City engineer (or Police Department if after hours) and obtain a permit the next business day. Sec. 74-142. Specifications. All work performed under the provisions of this article shall conform to the specifications, rules and regulations of the City engineer and on file in the office of the City engineer. Sec. 74-143. Trenches generally. All excavations shall be open trench work unless otherwise authorized by the City engineer or by a representative of the City engineer. Trenches for all sewer and water service lines, sewer and water mains or other excavations for any purpose between the curblines of any street shall be backfilled and compacted with suitable engineered fill in accordance with standards and procedures established by the City engineer. In any case, frozen or organic material shall not be used as trench backfill may be refilled with finely graded gravel or the native soil, if approved by the City engineer. Sec. 74-144. Cutting pavements. Where pavement is cut in making any street excavation such pavement shall be replaced by the street department or the contractor and the contractor or person making such excavation shall pay for and be liable to the City for the cost of such replacement. If the contractor fails to repair the pavement within the dates, times or durations stated on the permit, the City shall arrange to repair the pavement and the contractor shall be responsible for reimbursing the City for the cost of the repair. Sec. 74-145. Protection of public. Any person receiving a permit to make performing excavations on or about any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect, keep and maintain about and around the excavation during both day and night, suitable guards, December 18, 2012 City of Brookings 193 fences, warning lights and signals as described in the latest version of the Manual of Uniform and Traffic Control Devices published by the Federal Highway Administration so as to prevent injury to persons, animals or vehicles as a result of such excavations. Any person making such excavation shall, when the excavation shall be completed, promptly and without delay, refill backfill the excavation in accordance with the standards and procedures established by the City engineer. Sec. 74-146. Excavator's responsibility. The excavator shall leave the site clear of all excess dirt and any debris as a result of the excavation. The excavator shall be responsible for maintaining the excavation for a period of five years after the patch has been made. The excavator shall coordinate with the City for street or alley construction, rebuilding, resurfacing and repair to minimize multiple disturbances of the same area. The excavator shall leave City property and right-of-way in as good and safe condition as it was before the commencement of work by the excavator, its agents and contractors, and shall repair and restore any City property which is disturbed, damaged or injured by construction, maintenance or operations of the excavator. The City shall have the final approval right over whether adequate repair and restoration has been completed by the excavator. In the event that the excavator fails to repair or restore affected City property in a manner acceptable to the City, the City shall have the right, after allowing the excavator a reasonable period to complete the repair and restoration, to make such repairs and restoration and the excavator shall pay the costs incurred by the City for such actions. Sec. 74-147. Duration of Street or Alley Closures. The dates, times and duration of any street or alley closures shall be stated on the permit and subject to approval by the City. Requests for changes to such dates, times, or durations of street or alley closures stated on the permit must be made in writing to the City engineer prior to expiration of the permit. Sec. 74-148. Warranty The excavator shall be held responsible for workmanship, materials, trench settlement or any other deficiencies caused by their work during the corrective period of five (5) years and the Contractor shall repair and/or replace all deficiencies during the corrective period at no cost to the City. Any surface restoration costs incurred because of the repairing and/or replacing of deficiencies shall be borne by the Contractor. The City shall have the final approval right over whether adequate repair and restoration has been completed by the excavator. In the event that the excavator fails to repair or restore affected City property in a manner acceptable to the City, the City shall have the right, after allowing the excavator a reasonable period to complete the repair and restoration, to make such repairs and restoration and the excavator shall pay the costs incurred by the City for such actions. Sec. 74-149. Violations and Enforcement. (a) Violations. A violation of any provision of this Article shall be punishable by penalties as stated in the Code of Ordinances. December 18, 2012 City of Brookings 194 (b) In case any excavation occurs in violation of this Article, the appropriate authorities of the city, may, in addition to other remedies, institute injunction or other appropriate action or proceeding to prevent such unlawful excavation or construction, and may correct or abate such violation. Secs. 74-150-74-180. Reserved. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 4, 2012 Second Reading: December 18, 2012 Published: CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk December 18, 2012 City of Brookings 195 Second Readings & Public Hearings 20. Public hearing and action on Ordinance No. 29-12, an Ordinance Prohibiting Littering in the City of Brookings, South Dakota. To: Mayor Tim Reed and Council Members, Jeff Weldon, City Manager and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: November 28, 2012 Re: Proposed Littering Ordinance This memo is intended to provide background concerning the proposed Littering Ordinance. While we have a State law prohibiting littering, we would normally utilize a city ordinance for such a violation. While we have had a littering ordinance in the Code of Ordinances for years, the littering ordinance we presently have is limited in scope and the proposed Ordinance will include conduct not currently covered by our current ordinance. The proposed littering ordinance is based upon a very similar State littering law, and I believe it will be helpful, as littering is a frequent problem. Please let me know if you have any questions. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call December 18, 2012 City of Brookings 196 Ordinance No. 29-12 An Ordinance Prohibiting Littering in the City of Brookings, South Dakota. Be It Ordained and enacted by the council of the City of Brookings, State of South Dakota, as follows: I. CHAPTER 70, ARTICLE II. Section 70-37. Littering prohibited – Exceptions. SECTION 70-37. Littering prohibited - Exceptions. No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in the city, or upon or into any river, lake, pond, or other stream or body of water in this city, unless: 1) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter; 2) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard; 3) The person is acting under the direction of proper public officials during special cleanup days; or 4) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 4, 2012 Second Reading: December 18, 2012 Published: CITY OF BROOKINGS, SD ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk December 18, 2012 City of Brookings 197 Second Readings & Public Hearings 21. Public hearing and action on Ordinance No. 31-12, an Ordinance prohibiting texting (while driving) in the City of Brookings, SD. To: Jeff Weldon, City Manager From: Jeff Miller, Chief of Police Re: Texting while Driving Ordinance Date: November 28, 2012 As a result of the recent study session by the City Council regarding a public concern over texting or electronic messaging while operating a motor vehicle, I am presenting an ordinance prohibiting such activity by drivers within the City of Brookings. The ordinance outlines that such electronic messaging or the reviewing of such electronic messaging while operating a motor vehicle on city streets would be prohibited within the city limits of Brookings. The intent of the ordinance is to promote safe and responsible driving within the City of Brookings. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call December 18, 2012 City of Brookings 198 Ordinance No. 31-12 An Ordinance Prohibiting Texting in the City of Brookings, South Dakota. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 82-311. Definitions Electronic communication device means wireless or cellular phones, PDAs, BlackBerries, smartphones, MP3 players, laptop or notebook computers utilizing VoIP (Voice-over Internet Protocol) technology, wireless and cellular phones utilizing push-to-talk technology, and any other mobile communication device that uses shortwave analog or digital radio transmission between the device and a transmitter to permit wireless communications to and from the user of the device. Electronic message means a self-contained piece of digital communication that is designed or intended to be transmitted between two electronic communication devices. An electronic message includes, but is not limited to, email, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include the use of global positioning or navigation systems or voice or other data transmitted as a result of making a phone call or data transmitted automatically by a wireless communication device without direct initiation by a person. Sec. 82-312. Prohibition of use of electronic message. No person may operate or be in actual physical control of a motor vehicle while using a handheld electronic communication device to compose, read, or send an electronic message when the vehicle is in motion or a part of traffic. Sec. 82-313. Exceptions to prohibition of use of electronic communication devices and electronic message. Section 82-312 shall not apply if the electronic communication device is being used: (a) In the reasonable belief that a person’s life or safety is in immediate danger; or (b) In an emergency vehicle while in the performance of official duties. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 4, 2012 Second Reading: December 18, 2012 Published: CITY OF BROOKINGS, SD ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk December 18, 2012 City of Brookings 199 Other Business 22. City Council member introduction of topics for future discussion. * *Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. December 18, 2012 City of Brookings 200 23. Adjourn.