HomeMy WebLinkAbout2011_04_05 CC PKT1
Brookings City Council
Tuesday, April 5, 2011
City Hall Council Chambers
311 Third Avenue
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. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Review of City’s Americans with Disabilities (ADA) Policies
2. Governance & Ends Policy Annual Review
3. City Council Member Ex-Officio Reports
4. Joint Powers Board members’ Report
5. City Council member introduction of topics for future discussion*
6. Council Invites & Obligations
*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 starting the issue, requested outcome, and time. A majority vote is required.
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 schedule a special council meeting on April 14th at 9:00 a.m. for the
Election Canvass.
C. Action on Resolution No. 44-11, a Resolution for Federal Aid Surface
Transportation Program for County and Urban Projects.
D. Action on Resolution No. 45-11, to declare surplus property (marquee).
E. Action on Mayoral appointment.
Action: Motion to Approve, Request Public Comment, Roll Call
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at
one time, without discussion, 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
5. Open Forum
6. SDSU Student Senate Report
2
First Readings**
7. Ordinance No. 05-11: An Ordinance Amending Section 6-6 of the Code of Ordinances
of the City of Brookings, South Dakota and pertaining to Video Lottery Machine
Placement in the City of Brookings, South Dakota. Public Hearing: April 26th
**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
8. Ordinance No. 08-11: An Ordinance rezoning Lot 3, Block 10, Folsom Addition and the
vacated street lying between Blocks 10 and 11, Folsom Addition from a class Industrial I-
1 District to a class Residence R-3A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 06-11: An Ordinance pertaining to an application for a Conditional Use
for a Brewpub in the Business B-1 District, East 65 feet of Lots 15 and 16, Block 14,
Second Addition, also known as 309/311 5th Street.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Ordinance No. 07-11: An Ordinance pertaining to an application for a Conditional Use
for an Office in the Residence R-2 District, Lot 3, Block 3, Hill Park Addition, also
known as 1112 6th Street.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on Temporary Liquor License requests for The Shamrock for
events on 4/14 (2), 4/23, 4/28 and 4/29/2011 (2).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Temporary Liquor License requests for the Swiftel Center
for events on 4/30, 5/11-12, 5/13, and 5/21, 2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on Resolution No. 46-11, a Resolution authorizing Vacation of
an alley located on the west 10 feet of the east 165 feet of the north 57.5 feet of
Temple Block Addition is hereby vacated. (Located behind the Johnson-Henry Funeral
Home.)
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public hearing and action on Resolution No. 39-11, a Resolution Approving a Storm
Water Funding Application for financial assistance, authorizing the execution and
submittal of the application and designating an authorized representative to certify and
sign payment requests.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
15. Request to modify parking for bike lanes.
Action: Informational
3
16. Preliminary action on Gateway Entry Project concept.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Action on Resolution No. 47-11, a public request for position on SDSU Northwest
Quadrant.
Action: Motion to Approve, Request Public Comment, Roll Call
18. Action on Resolution No. 43-11, Consent Agenda Policy.
Action: Motion to Approve, Request Public Comment, Roll Call
19. Summary of the 2010 Phase II Storm Water Management Program.
Action: Informational
20. Action on City of Brookings 2011 Strategic Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
21. Adjourn.
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett
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 @ 1pm
Thursday @ 7 pm
Friday @ 9 pm
Saturday @ 1 pm
The complete City Council agenda packet is available on the city website:
www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the
meeting.
City Council Packet
April 5, 2011
4
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Review of City’s Americans with Disabilities (ADA) Policies.
Pursuant to city council discussion on September 15, 2010, direction was
given that policies will be reviewed annually.
Enclosed for council review are the following:
City Facilities Policy: ADA Compliance Review Required of New
Construction, Remodels, and Retrofits of City Facilities and Parks
(Adopted: November 25, 2003)
Family Restroom Policy: Family Restrooms Required in New
Construction, Remodels, and Retrofits of City Facilities and Parks
(Adopted: November 25, 2003)
Automatic Door Openers: Automatic Door Openers Required in
New Construction, Remodels, and Retrofits of City Owned or
City Funded Facilities (Adopted: July 24, 2007)
Platform Lifts: Use of Platform Lifts Prohibited in New
Construction, Remodels, and Retrofits of City Owned or City
Funded Facilities (Adopted: July 24, 2007)
Compliance with Americans with Disabilities Act and City of
Brookings ADA Policies Required as Condition of Funding
ADA Compliance Procedures
Estimate Time: 20 Minutes
City Council Packet
April 5, 2011
5
Brookings Committee
for People who have Disabilities
Name Address Phone History Current Term
Sylvia Lozada 829 Park Ave S, Apt. 12 (952)240-4314 03/22/2011-05/01/2011
sylvia.lozada@jacks.sdstate.edu Brookings, SD 57006
SDSU Student
**student term – 1 year
*filled unexpired term
Lonnie Bayer 707 Hunters Ridge Road 692-7521 (h) 08/1/08-01/01/09* 01/01/2009-01/01/2012
lonniebayer@yahoo.com Brookings, SD 57006 690-7521 (w)
United Fire Group 692-2978 (f)
*filled unexpired term
Dave Miller 2038 Morningside Dr. 692-7905 (h) 05/01/07-01/01/09* 01/01/2009-01/01/2012
millerdk@brookings.net Brookings, SD 57006 690-0143 (c)
*filled unexpired term
Kim Lindell 1302 US Hwy 14 #207 651-1866 11/18/08-05/01/09* 01/01/2011-01/01/2012
kim.lindell@state.sd.us Volga, SD 57071 05/01/09-05/01/10
*filled unexpired term 05/01/10-05/01/11
Jessie Kuechenmeister 2110 Bluegill Avenue 692-2277 (w) 05/01/05-04/01/07 01/01/2009-01/01/2012
jkuechenmeister@yahoo.com Brookings, SD 57006 691-1953 (c) 04/15/08-01/01/09*
State Director CASA 04/15/08-01/01/09*
*filled unexpired term
Nancy Hartenhoff-Crooks PO Box 442 794-4571 (h) 02/01/97-01/01/00* 01/01/2009-01/01/2012
nancy.crooks@sdstate.edu Toronto, SD 57268 688-4504 (w) 01/01/00-01/01/03
Disability Support Services - SDSU 01/01/03-01/01/06
* filled unexpired term 01/01/06-01/01/09
Jeff Vostad 608 Meadow Creek Dr. 627-5186 (h) 12/01/06-01/01/09* 01/01/2009-01/01/2012
jjvostad@hotmail.com Volga, SD 57071 688-6653 (w)
jeffrey.vostad@sdstate.edu 690-8693 (c)
SDSU Program Director, TRIO Student Support Services
*filled unexpired term
Alan Davis 718 6th Street 688-4715 (w) 05/01/08-01/01/09* 01/01/2009-01/01/2012
alan.davis@sdstate.edu Brookings, SD 57006 695-4448 (h)
SDSU Professor Rehabilitation Counseling 688-5929 (f)
*filled unexpired term
Dona Kornbaum 617 8th St. 692-6402 (h) 01/01/01-01/01/04 01/01/2010-01/01/2013
Retired Brookings, SD 57006 01/01/04-01/01/07
01/01/07-01/01/10
Matt Simet 222 Twin Oaks Lane 695-8471 (w) 01/01/2011-01/01/2014
City Council Packet
April 5, 2011
6
matt.simet@advancebkg.com Brookings, SD 57006 693-2127 (h)
Human Services/Manager/Career Advantage
Kathy Heylens 501 E 1st Street 688-5308 (w) 07/14/09-01/01/11 01/01/2011-01/01/2014
kathy.heylens@sdstate.edu Volga, SD 57071 627-5449 (h)
SDSU Associate Athletic Director for Compliance/SWA 688-5999 (f)
*filled unexpired term
Purpose
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.
Membership
Membership: 11
Term: 3 years (1 year term for student position)
Residency: Required for 7 members
Appointment: January 1
Legal Reference: Brookings City Code of Ordinances Chapter 2, Article V, Division 3, Section 2-171 thru 2-177
Ordinance No. 24-06, Ordinance No. 28-91, Resolution No. 35-90, SDCL Chapter 60-7
Meeting Schedule
Day: Monthly, day varies
Time: varies
Location: City Hall, 311 3rd Ave., Meeting Room (main level)
Phone: 692-6281
City Contact: Shari Thornes, City Clerk sthornes@cityofbrookings.org
ADA Coordinator Liaisons:
Shari Thornes City ADA Coordinator 697-8641 PO Box 270
Stephanie Ellwein County ADA Coordinator 696-8205 314 6th Ave.
Nancy Hartenhoff-Crooks SDSU Disability Coordinator 688-4504 SWC Box 2214, 125, SDSU
City Council Packet
April 5, 2011
7
City of Brookings
Americans with Disabilities Act
City Facilities Policy
Adopted: November 25, 2003
The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections to individuals with
disabilities in the areas of employment, public accommodations, state and local government services and programs.
Title II of the ADA states, in part, that ―no otherwise qualified disabled individual shall, solely by reason of such disability,
be excluded from the participation in, be denied the benefits of, or be subject to discrimination in programs or activities
sponsored by a public entity.‖ (City of Brookings Policy and Procedures Manual)
ADA Compliance Review Required
of New Construction, Remodels, and Retrofits of City Facilities and
Parks
Title II of the ADA prohibits public entities from discriminating against or excluding people
from programs, services, or activities on the basis of disability. The standard against which
programs and services will be measured for the purpose of ADA compliance is one of overall
program accessibility: all City of Brookings programs, services, and activities, when viewed it
its entirety, must be readily accessible to and usable by individuals with disabilities.
Therefore, the City of Brookings requires all city owned and/or funded new, remodeled, and
retrofitted facilities comply with the requirements of the federal Americans with Disabilities Act
guidelines.
Under this policy, the City ADA Compliance Officer will review the project scope, final plans,
and bid package of all new construction, remodels, and retrofits of City owned and/or funded
facilities. The scope and budget development of capital improvement projects will include the
identification of ADA needs related to these projects to ensure compliance and accessibility
standards.
City Council Packet
April 5, 2011
8
City of Brookings
Americans with Disabilities Act
Family Restroom Policy
Adopted: November 25, 2003
The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections to individuals with
disabilities in the areas of employment, public accommodations, state and local government services and programs.
Title II of the ADA states, in part, that ―no otherwise qualified disabled individual shall, solely by reason of such disability,
be excluded from the participation in, be denied the benefits of, or be subject to discrimination in programs or activities
sponsored by a public entity.‖ (City of Brookings Policy and Procedures Manual)
Family Restrooms Required
in New Construction, Remodels, and Retrofits of City Facilities and
Parks
In addition to men’s and women’s restrooms, the installation of a family or ―unisex‖ restroom
is recommended, not required, by the Americans with Disabilities Act. The City of Brookings
recognizes that all citizens can benefit from a family restroom in city facilities. A family
restroom provides flexibility by meeting the needs of many people while providing a private
environment. For this reason, the City of Brookings will require all new construction,
remodels, and retrofits of all City owned and/or city funded new facilities include the
installation of a family restroom in addition to compliance with all other requirements of the
federal Americans with Disabilities Act guidelines.
All city facilities and city funded facilities will include the installation of a family restroom
unless specifically exempted by the City Manager. To exempt a project, the department head
must submit a written request identifying specific reasons for the exemption to the ADA
Compliance Officer. The Officer will provide a written recommendation to the appropriate
department head and City Manager. The City Manager will make a decision in the matter. The
City Council will be advised of any exemptions and provided the opportunity to override the
City Manager’s decision.
City Council Packet
April 5, 2011
9
City of Brookings
Americans with Disabilities Act
Automatic Door Openers
Adopted: July 24, 2007
The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections to individuals with
disabilities in the areas of employment, public accommodations, state and local government services and programs.
Title II of the ADA states, in part, that ―no otherwise qualified disabled individual shall, solely by reason of such disability,
be excluded from the participation in, be denied the benefits of, or be subject to discrimination in programs or activities
sponsored by a public entity.‖ (City of Brookings Policy and Procedures Manual)
Automatic Door Openers Required
in New Construction, Remodels, and Retrofits
of City Owned or City Funded Facilities
The City of Brookings recognizes automatic door openers can provide improved access to its
services for all citizens, including those with disabilities. Therefore, automatic and/or manual
(push-button) door openers will be required in all new construction, remodel, or retrofit of
city owned or city funded facilities. Automatic door opening devices, in compliance with
ADAAG requirements, must be installed in primary entrances closest to the accessible parking.
To exempt a project, the department head or funding applicant must submit a written request
identifying specific reasons for the exemption to the ADA Compliance Officer. The Officer will
provide a written recommendation to the appropriate department head and City Manager. The
City Manager will make a decision in the matter. The City Council will be advised of any
exemptions and provided the opportunity to override the City Manager’s decision.
City Council Packet
April 5, 2011
10
City of Brookings
Americans with Disabilities Act
Platform Lifts
Adopted: July 24, 2007
The Americans with Disabilities Act (ADA) provides comprehensive civil rights protections to individuals with
disabilities in the areas of employment, public accommodations, state and local government services and programs.
Title II of the ADA states, in part, that ―no otherwise qualified disabled individual shall, solely by reason of such disability,
be excluded from the participation in, be denied the benefits of, or be subject to discrimination in programs or activities
sponsored by a public entity.‖ (City of Brookings Policy and Procedures Manual)
Use of Platform Lifts Prohibited
in New Construction, Remodels, and Retrofits
of City Owned or City Funded Facilities
Although the ADAAG, Section 1109.7 Lifts, states that platform (wheelchair) lifts are permitted
to be a part of a required accessible route in new construction in some circumstances, the City
of Brookings recognizes that platform lifts typically result in a separate, stigmatizing experience
for people who use them, a situation that violates the spirit of the ADA as well as the principles
of universal design.
Therefore, platform lifts (also referred to as mechanical lifts or wheelchair lifts) will not be
allowed in the new construction, remodel, or retrofit of city owned or city funded facilities,
except under special exemptions cited below. Elevators or ramps must be provided as a means
of access.
Lifts will only be considered where it is infeasible to install a ramp or elevator. To exempt a
project, the department head or funding applicant must submit a written request identifying
specific reasons for the exemption to the ADA Compliance Officer. The Officer will provide a
written recommendation to the appropriate department head and City Manager. The City
Manager will make a decision in the matter. The City Council will be advised of any
exemptions and provided the opportunity to override the City Manager’s decision.
City Council Packet
April 5, 2011
11
Compliance with Americans with Disabilities Act
and City of Brookings ADA Policies
Required as Condition of Funding
Title II of the ADA prohibits public entities from discriminating against or excluding people
from programs, services, or activities on the basis of disability. The standard against which
programs and services will be measured for the purpose of ADA compliance is one of overall
program accessibility: all City of Brookings programs, services, and activities, when viewed it its
entirety, must be readily accessible to and usable by individuals with disabilities.
Therefore, the City of Brookings requires all city-owned and/or funded new, remodeled, and
retrofitted facilities comply with the requirements of the federal Americans with Disabilities Act
guidelines and all City ADA related policies.
The City ADA Compliance Officer will review and approve the project scope, final plans, and
bid package of all new construction, remodels, and retrofits of City owned and/or funded
facilities. The scope and budget development of capital improvement projects will include the
identification of ADA needs related to these projects to ensure compliance and accessibility
standards.
Compliance with these policies is a condition for acceptance of the funding. For more
information regarding these policies and procedures, please contact Shari Thornes, City ADA
Compliance Officer, at 605-697-8641.
City Council Packet
April 5, 2011
12
To: All City Departments and City Funding Applicants
From: Shari Thornes, City Clerk & City ADA Compliance Officer
Subject: ADA Compliance Procedures
Title II of the ADA prohibits public entities from discriminating against or excluding people
from programs, services, or activities on the basis of disability. The standard which programs
and services will be measured for the purpose of ADA compliance is one of overall program
accessibility. All City of Brookings programs, services, and activities, when viewed in its
entirety, must be readily accessible to and usable by individuals with disabilities.
Therefore, the City of Brookings requires all city-owned and/or city funded new, remodeled,
and retrofitted facilities comply with the requirements of the federal Americans with Disabilities
Act guidelines and all city ADA related policies.
The City ADA Compliance Officer will review and approve the project scope, final plans, and
bid package of all new construction, remodels, and retrofits of City owned and/or funded
facilities. The scope and budget development of capital improvement projects will include the
identification of ADA needs related to these projects to ensure compliance and accessibility
standards.
Compliance is a condition for acceptance of the funding for all city funding applicants.
CITY FACILITIES/PROGRAMS: All City Departments must follow the listed
procedures in assuring compliance and promoting accessibility:
A. DEPARTMENTAL DEVELOPMENT OF CAPITAL IMPROVEMENT PROJECTS
1) Department Head or assigned Project Manager will contact the ADA
Compliance Officer by scheduling a meeting to identify ADA needs related to
projects as the scope and budget are developed.
2) In existing facilities, the scope and budget development must include accessible
path of travel and parking to the program/activity.
B. SCOPING OF PROFESSIONAL SERVICES AGREEMENT
1) Department Head or assigned Project Manager will prepare Professional Services
Agreement.
2) ADA Compliance Officer will assist Department Head or assigned Project
Manager by identifying ADA needs for architect or engineer on CIP projects.
3) ADA Compliance Officer will be included in discussions with consultant to
assure proper ADA considerations are included with plans.
C. PLAN PREPARATION
1) Department Head or Project Manager will forward completed professional
services agreement to architect to draft plan and prepare bid package.
2) For projects that involve public access, Department Head or Project Manager
will include the ADA Compliance Officer in scoping review sessions with the
consultant. The ADA Compliance Officer will be provided twenty (20) days for
City Council Packet
April 5, 2011
13
review of completed plans. Project Manager will be responsible for providing the
ADA Compliance Officer a set of plans and deadline for its review.
3) For projects not involving public access or other ADA sensitive work and for
routine street projects, Project Manager will allow the ADA Compliance Officer
(10) days for review of completed plans. Project Manager will be responsible for
providing the ADA Compliance Officer a set of plans and deadline for its review.
4) The City ADA Accessibility Review Board members may be included in the
review process on projects where the ADA Compliance Officer determines a
need for their input. Four weeks prior notice is preferred for this group to meet.
D. CONSTRUCTION
1) Project Manager will inform the ADA Compliance Officer about concerns
regarding ADA issues encountered during construction.
2) Project Manager will inform the ADA Compliance Officer in review of any
Contract Change Order(s) involving ADA issues prior to commencement of
work and then provide a copy of signed change order to the ADA Compliance
Officer.
E. CLOSING PROJECT. The consultant, the ADA Compliance Officer, and Project
Manager will inspect the project to determine if the finished work complies with the
project plans and specifications. Project Manager will be responsible for scheduling this
walk-through meeting.
F. COMPLAINTS. The ADA Compliance Officer must be notified of any complaint
pertaining to an ADA matter immediately for review, mediation and documentation
purposes.
CITY FUNDED PROGRAMS/FACILITIES:
A. CONTACT PERSON. The funded organization will identify a project manager as the
primary point of contact responsible for meeting with the City ADA Compliance Officer
immediately upon funding approval.
B. PLAN PREPARATION. The City ADA Compliance Officer will participate in scoping
review sessions with the applicant organization and their consultants. The ADA
Compliance Officer will each be provided twenty (20) days for review of completed
plans. The organization will be responsible for providing the ADA Compliance Officer
―full-size‖ and electronic (PDF) plans for review.
C. CITY ADA ACCESS REVIEW TEAM. The City ADA Accessibility Review Board
members will be included in the review process on larger projects where the ADA
Compliance Officer determines a need for their input. Four weeks prior notice is
preferred for this group to meet.
D. APPROVAL. Final approval of the ADA Compliance Officer is required before a
project is bid and final building permits are issued by the City.
E. COMPLIANCE REQUIRED. Per the City of Brookings Funding Application,
compliance with these requirements is a condition for acceptance of the funding for all
city funding applicants.
F. CONSTRUCTION
City Council Packet
April 5, 2011
14
1) Project Manager will inform the ADA Compliance Officer about concerns
regarding ADA issues encountered during construction.
2) Project Manager will inform the ADA Compliance Officer in review of any
Contract Change Order(s) involving ADA issues, prior to commencement of
work, and then provide a copy of signed change order to the ADA Compliance
Officer.
G. CLOSING PROJECT. The ADA Compliance Officer, Team members and Project
Manager will inspect the project to determine if the finished work complies with the
project plans and specifications. Project Manager will be responsible for scheduling this
walk-through meeting.
F. COMPLAINTS. The City shall be notified of future ADA/accessibility complaints
related to this building and its program.
City Council Packet
April 5, 2011
15
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Governance & Ends Policy Annual Review.
Pursuant to the Governance & Ends Policy, the Council is to review this
document annually, in April, for any updates, revisions, or modifications.
Attached is the document for such review.
Estimate Time: 20 Minutes
City of Brookings
Governance
and
Ends Policies
Amended 4/29/08
City of Brookings
Governance and Ends Policies
This document, established by the Brookings City Council, defines, protects, and prioritizes
the workings of City Government. It is the ongoing hope of the Brookings City Council to
lead the Citizens of Brookings in an ethical and prudent manner, in the best interests of the
citizens, looking to the future rather than the past, as provided in the Mission Statement:
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.
Table of Contents:
Governance Policies
Defining the Purpose of the City Council, City Manager, and all City Employees
1. Governance Process
1.1 Ownership of the Council
1.2 Council Role
1.3 Council Style and Vision
1.4 Council Action
1.5 Council Code of Conduct
1.6 Citizen Advisory Boards
1.7 Review and Update of Policies
2. Council-Staff Linkage
2.1 City Manager Role
2.2 Delegation to the City Manager
2.3 Monitoring Executive Performance
Ends Policies
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
1. Financial Stability
2. Municipal Services
3. Business Models
4. Economic Development
5. Employee Training and Development
6. Intergovernmental Cooperation and Relations
Appendix A: City Council Code of Ethics
Appendix B: Volunteer Code of Ethics
Amended 04/29/08
City of Brookings
Policy 1, Governance Process
Defining the purpose of the City Council, City Manager, and all City Employees:
1.1 Governance Process, Ownership of the Council – Key Performance Area
Governance Process is considered a key performance area by the Brookings City Council, and
appears in the Mission Statement as “municipal management.”
The Brookings City Council shall answer to, and take into consideration the best interests of, all
residents of the City of Brookings, both vocal and silent citizens, with respect paid to all residents,
regardless of their economic status. Since the City is “owned” by the Citizens, the Council’s thinking
shall be influenced by this ownership. Secondarily, the City Council shall consider the needs of any
person who regularly shops in, uses facilities of, or accesses services from the City of Brookings.
1. The Council represents the Citizens. Therefore, it shall educate itself regarding the values held
by the persons it represents and shall act always under the influence of those values. The Council’s
education may be facilitated by (a) formal and informal Citizen opinions; (b) formal and informal
focus groups to explore specific issues; (c) considering input by citizen volunteers who participate
on advisory boards, committees and commissions; (d) monitoring the demand and utilization of
services; (e) discussions with representatives from other governmental and educational bodies; and
(f) reviewing reports and citizen responses in the media.
2. The Council shall report periodically to the Citizens on its stewardship. At least once per year,
the Mayor shall give an accounting of the City’s financial resources and the extent to which these
funds have been translated into services, in the State of the City message.
1.2 Governance Process, Council Role
The role of the Council, on behalf of the Citizens of Brookings, is to assure that the City of
Brookings (a) accomplishes what it should, and (b) avoids unacceptable activities and conditions.
1. The Council will engage in structured contact with citizens of Brookings to represent their
diversity.
2. The Council will define in Ends policies what is to be accomplished in terms of benefits,
recipients, and their relative priorities. It will define in Executive Limitations policies those
activities and conditions it considers unacceptable. The Council will delegate performance on
these matters to a City Manager.
3. The Council will carry out its job with discipline, emphasizing strategic rather than short-term
issues, policy rather than single events, and group rather than individual decisions.
4.Whenever possible, the Council will avoid the use of committees that separate the wholeness of
the Council. When further research on a topic is needed, the Council may appoint one member
to investigate. However, the Council should avoid subgroups of Council members, since
subgroups tend to develop a life separate from the Council as a whole.
Amended 04/29/08
5.The annual cycle of the Council will conclude with a review of Ends policies, in April, just prior
to City Manager construction of a new annual plan and budget.
6.The Council shall honor all demands and restrictions outlined in the Brookings City Charter.
1.3 Governing Process, Council Style & Vision
The Council will govern with an emphasis on (a) outward vision rather than an internal
preoccupation, (b) strategic leadership rather than administrative detail, (c) clear distinction of
Council and City Manager roles, (d) collective rather than individual decisions, (e) future rather than
past or present, and (f) proactively rather than reactivity. The Council will:
1. Deliberate in many voices, but govern in one.
2. Cultivate a sense of excellence. The Council will be responsible for excellence in governing. The
Council will be an initiator of policy, with the advice and counsel of the City Manager.
3. Cultivate a sense of group responsibility. The Council will use the expertise of individual
members to enhance the ability of the Council as a body. However, it is not the intention of the
Council to defer the group’s judgment to any one individual.
4. Direct, control and inspire the organization through the careful establishment of broad written
policies reflecting the Council's values and perspectives. The Council's major policy focus will be on
the intended long-term impacts outside the operating organization, not on the administrative or
programmatic means of attaining those effects.
5. Enforce upon itself whatever discipline is needed to govern with excellence. Discipline will
apply to matters such as attendance, preparation for meetings, policymaking principles, respect of
roles, and ensuring the continuity of governance capability. Continual Council development will
include orientation of new members in the Council's governance process and periodic Council
discussion of process improvement. The Council will allow no officer, individual or committee of
the Council to hinder or be an excuse for not fulfilling its commitments. In compliance with this
policy, in May 2002 the City Council adopted a City Council Code of Ethics. It is attached to this
document as Appendix A.
6. Monitor and discuss the Council's process and performance at each meeting. Self-monitoring
will include comparison of Council activity and discipline to policies in the Ends, Governance
Process and Council-Staff Linkage categories.
1.4 Governance Process, Council Action
The job of the City Council of Brookings is to achieve the mission in a prudent and ethical way. The
job of the Council is to make certain contributions to the total, which are unique to its public
trusteeship role and necessary for proper governance and management of the City. Consequently,
the "products" of the Council itself shall be:
A. Connection between the Council and its "ownership," the Citizens.
B. Written governing policies that concern:
Amended 04/29/08
Governance Process (how the Council carries out its task, and the passing of power and
measurement of its use) and
Ends Policies (what benefits, for whom, at what cost), and Executive Limitations
(prudent and ethical limitations binding upon the staff);
C. The assurance of staff performance (through guidance and evaluation of the City Manager).
1.5 Governance Process, Council Code of Conduct
Since Council members have no authority as individuals, members shall refrain from efforts that
may lead to situations in which a Councilperson might have occasion to overstep their bounds.
Although not every situation can be outlined, some common areas of concern include:
1. Staff being intimidated or manipulated by a Councilperson’s individual comments or
actions. Council members must bear in mind that at times, staff may ask for an
individual opinion from a Council member, and while the Council member may sincerely
respond only as an individual, staff will often place undue emphasis on the opinion, due
to the Council member’s status.
2. Staff being polarized by dissention. Although all Council members are obligated to
register differences of opinion on Council issues at the Council level as passionately as
desired, individual members must not direct their differences of opinion to staff in a
manner which creates dissension or polarization in the organization.
3. Since no one has the right to speak on behalf of the entire Council, individual Council
members are encouraged to conduct themselves in a professional manner in all
communications.
4. Members will not individually render binding judgments of the City Manager or staff
performance apart from compliance with Council policies as monitored by the Council
as a body.
1.6 Governance Process, Citizen Advisory Boards
The Council values the expression of citizen viewpoints on topics of concern to the Council.
Therefore, the Council will continue the tradition of seeking input from volunteer citizen advisory
boards and committees, although final responsibility for decisions, and the implementation that
follows, rests entirely with the Council. The Council reminds staff that the ideal purpose of citizen
involvement is not to advance staff agendas, but to seek objective opinions from a diverse range of
citizens.
Amended 04/29/08
Guideline A:
The Council will make every effort to offer overall direction and guidelines to citizen volunteers,
through the use of Council Ends Policy statements, and by reviewing the mission and need for each
citizen advisory board and committee on an annual basis. During the annual review:
1. The Council will determine if the need for a citizen advisory board or committee justifies
continuation of the board or committee. If continuation is justified, proceed to #2.
2. The Council will make an effort to determine the most effective use of citizen volunteers,
with a primary decision being the length of service for each board and committee. The
Council believes citizen input will be more likely objective and updated if the advisory board
or committee is kept in an ad hoc (short-term) format. However, the Council recognizes that
some complex issues require citizen involvement for a longer period in order to be effective.
3. Unless otherwise specified by the Council, the City Manager will coordinate the activities and
reporting functions of all citizen advisory boards and committees.
4. The City Manager will base his guidance of citizen advisory boards and committees on Ends
Policies established by the Council.
5. The Mayor, with advice and consent of the Council, will make all appointments to citizen
advisory boards and committees.
6. Upon recommendation of the City Manager, the Council may approve the creation of ad
hoc committees to assist the City Manager or his staff.
7. In compliance with this policy, in May 2002 the City Council adopted a Volunteer Code of
Ethics. It is attached to this document as Appendix B.
Guideline B:
The Council directs all staff to review relevant Ends Policies with citizens upon their appointment to
an advisory board or committee. The Council asks staff to be as objective as possible in educating
and presenting options to citizens, since the purpose of advisory boards and committees is not only
to hear from citizens, but to increase citizen involvement, loyalty, and creativity toward their City.
1. The Council asks the City Manager to create and regularly update an orientation packet for
each new volunteer that includes relevant Ends Policies.
2. The Council asks staff to review this orientation packet with each potential volunteer, prior
to their appointment, emphasizing this very policy (Policy 1.6), and asking for a citizen
signature on the line that indicates understanding of this policy.
3. Staff will provide regular summaries of citizen committee work to the Council.
1.7 Governance Process, Review and Update of Policies
The Council will review all policies (including Governance, Council-Staff Linkage, Ends, and
Executive Limitations) during the first quarter of each year, although the Council may also review
and update any policy at any time deemed prudent and necessary by the Council. The Council
expects immediate adjustment by the City Manager to any policy change instituted by the Council.
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City of Brookings
Policy 2, Council-Staff Linkage
Defining the purpose of the City Council, City Manager, and all City Employees:
2.1 Council-Staff Linkage, City Manager Role
As the Council's single official link to the operating City government, the City Manager's
performance will be considered to be synonymous with organizational performance as a total.
Consequently, the City Manager's job contributions can be stated as performance in these, but not
limited to:
1. City government accomplishment of the provisions of Council policies within the Policy
Governance Model, especially Ends Policies, but also including Governance Process, and
Council-Staff Linkage policies.
2. City government operation within the boundaries of prudence and ethics established in
Council policies on Executive Limitations.
2.2 Council-Staff Linkage, Delegation to the City Manager
All Council authority delegated to staff is delegated through the City Manager, so that all authority
and accountability of staff--as far as the Council is concerned--is considered to be the authority and
accountability of the City Manager.
1. The Council will direct the City Manager to achieve certain results, for the citizens, at a certain
cost, through the establishment of Ends policies. The Council will limit the latitude the City
Manager may exercise in practices, methods, conduct, and other "means" through the establishment
of Executive Limitations within those policies.
2. As long as the City Manager uses any reasonable interpretation of the Council's Ends and
Executive Limitations policies, the City Manager is authorized to establish all further policies, make
all decisions, take all actions, establish all practices, and develop all activities.
3. The Council may change its Ends and Executive Limitations policies, thereby shifting the
boundary between Council and City Manager domains. By doing so, the Council changes the latitude
given to the City Manager. Council members will respect and support the City Manager’s decisions
and choices, whenever made pursuant to existing Council Policies.
4. Only decisions of the Council acting as a body are binding upon the City Manager.
5. In the case of Council members, citizen advisory committees, or others, requesting information or
assistance without Council authorization, the City Manager may turn to the Council for guidance,
especially when such requests will require an inordinate amount of staff time or funds, or are
disruptive to the efficient operation of the City.
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2.3 Council-Staff Linkage, Monitoring Executive Performance.
Monitoring executive performance is synonymous with monitoring organizational performance
against Council policies on Ends and on Executive Limitations. Any evaluation of the City
Manager’s performance, formal or informal, may be derived only from these monitoring data. This
policy places the burden of measuring success on two pivotal points: well-defined Ends and
Executive Limitation policies, and accurate measurements. Without well-defined policies and
accurate measurements, the point of monitoring performance is lost. The Council recognizes the
need to insulate the City Manager’s role from performance reviews that rate personality rather than
performance.
1. The purpose of monitoring is simply to determine the degree to which Council policies are
being fulfilled. Information which does not do this will not be considered monitoring. Monitoring
will be as automatic as possible, using a minimum of Council time so that meetings can be used to
create the future rather than to review the past.
2. A given policy may be monitored in one or more of three ways:
A. Internal report: Disclosure of compliance information to the Council from the City
Manager.
B. External report: Discovery of compliance information by an objective party who is
selected by and reports directly to the Council. Such reports must assess executive
performance only against policies of the Council, not those of the external party unless the
Council has previously indicated that party's opinion to be the standard.
C. Direct Council inspection: Discovery of compliance information by a Council member, or
the Council as a whole. This is a Council inspection of documents, activities or
circumstances directed by the Council which allows a "prudent person" test of policy
compliance.
3. The Council recognizes that, at times, non-compliance with a policy may be necessary and
prudent in the short term. However, in order to monitor the performance of the City, and to modify
policies that need improvement, the Council must be constantly aware of compliance issues. The
Council expects monitoring and reporting compliance or non-compliance to be the City Manager’s
highest priority. To promote regular monitoring, the Council asks the City Manager to follow these
guidelines:
A. All Ends and Executive Limitations statements will be monitored and compliance
will be formally announced by the City Manager to the Council on a quarterly basis.
B. Any non-compliance will be reported immediately, at the next Council meeting, if
not before, and non-compliance will then be monitored on a monthly basis, until
compliance is reestablished, or the policy is changed.
4. During the first quarter of each year, the Council will institute a formal evaluation of the City
Manager. This evaluation will consider only monitoring data as defined here, as it has appeared over
the intervening year.
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City of Brookings
Ends Policy 1, Financial Stability
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Financial Stability – Key Performance Area
Financial stability is considered a key performance area by the Brookings City Council, and appears
in the Mission Statement as “fiscally responsible municipal management.”
One of the duties of the City Manager is the development of a process that keeps the Council aware
of upcoming budgetary needs and requests, so that the Council may aid in the creation of ongoing
budget priorities. Good stewardship requires the Council to discern what is in the best interests of
the citizens, and budget accordingly.
Therefore, budgeting for any fiscal period or the remaining part of any fiscal period shall not deviate
materially from Council Policies as established in key performance areas, or other City Council
policies. The City Manager is therefore prohibited from budgeting or spending that:
1. Lowers the City’s bond rating;
2. Violates Federal, State, or Municipal laws; ethical standards; and generally accepted
accounting and budgeting principles.
In addition, the City Manager may not bypass Council judgment to allow budgeting that:
1. Allows expenditures to exceed revenues, including the contingency as an expenditure;
2. Increases the property tax rate;
3. Includes capital expenditures that have not been previously approved by the Council; in a
Capital Improvement Plan or other council action;
4. Causes the City to incur new debt;
5. Increases operating expenses (meaning personnel and capital excluded) in any department
beyond inflation using at least a rolling six month average of the Midwest Consumer Price
Index;
6. Provides for employee compensation and benefits that exceed market standards;
Guideline A:
With respect to budget preparations, the City Manager shall stay within the confines of what
constitutes a conservative perspective, as it is the Council’s intention to:
1. Make conservative revenue projections using the previous five-year average as a benchmark,
with an emphasis on the previous year actual and current year actual. Projections using
current data should not be made with less than 6 months rolling actual data.
2. Provide valuable citizen services;
3. Lighten the debt load of the City;
4. If a property tax rate is justified only because of state limitations, a special reserve will be
created.
5. The City has established the policy that financial, service and program performance
measures be developed and used as an important component of decision making and
incorporated into governmental budgeting. The City encourages all departments to utilize
performance measures. At a minimum, performance measures should be used to report on
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the outputs of each program and should be related to the objectives of each department.
Performance measures should:
a. Be based on program objectives that tie to the City Council’s goals and
program mission or purpose;
b. Measure program results or accomplishments;
c. Provide for comparisons over time;
d. Measure efficiency and effectiveness;
e. Be reliable, verifiable and understandable;
f. Be reported internally and externally;
g. Be monitored and used in decision-making processes; and
h. Be limited to a number and degree of complexity that can provide an
efficient and meaningful way to assess the effectiveness and efficiency of key
programs.
Guideline B:
In addition, as the City Manager assumes his duties, the Council requests that the City Manager keep
information flowing to the Council, especially concerning plans relating to consolidation or
expansion of any City departments. Therefore, the City Manager may not consolidate or expand any
City Department without first informing the Council of the intended action.
Guideline C:
With respect to reserve funds the City Manager’s overall budgetary goal will be to present a budget
that allows for reasonable reserve creating options for the Council. The City Manager may not
bypass Council judgment to allow budgeting that:
1. Lowers the General Fund Reserve below a 3-month operational level:
a. The 3-month calculation shall be based upon General Fund expenditures, derived from the
previous year’s Audited Financial Statement. The reserve amount shall reflect the targeted
reserve amount, deficiencies below the targeted reserve amount and any discretionary funds
available above the targeted reserve amount.
b. General Fund reserves may be used at the Council’s discretion to address temporary cash-
flow shortages, emergencies unanticipated economic downturns, one-time opportunities and
capital needs related to buildings, structures and vehicles used specifically in the operation of
the General Fund. They provide flexibility to respond to unexpected opportunities that may
help the City achieve its goals.
The funds identified in “b” above may be used at the Council’s discretion to address temporary
cash flow shortages, emergencies, unanticipated economic downturns, and one-time
opportunities. They provide flexibility to respond to unexpected opportunities that may help the
City achieve its goals.
2. Lowers the following funds below the following:
a. The Industrial Development fund – a cash flow reserve of 10% and a capital reserve of 90%
funded with revenue from the sale of industrial lands with a minimum of $500,000 in capital
reserve.
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b. The Special Assessment fund – a reserve based on an annual analysis of current
development and future needs.
c. The Storm Drainage fund - a cash flow reserve of 20% of annual revenues and a capital
reserve based on the capital improvement plan with a minimum of 80% of annual revenues
from the previous year.
Council options for further reserves include:
a. Transfer to increase the reserve of another fund that is not at the established target;
b. To finance un-funded necessities of the previous year’s budget reductions;
c. To pay off debt with a portion of the reserve;
d. To finance the expansion of City services;
e. To offer property tax, or other tax relief.
Guideline D:
The use of one-time revenues will be guided by this policy. Examples of one-time revenues include:
infrequent sales of assets, bond refunding savings, infrequent revenues from development, and
grants. These revenues may be available for more than one year (a three-year grant), but are expected
to be non-recurring. Examples of expenditures for which the City may wish to use one-time
revenues include startup costs, stabilization (to cover expenditures that temporarily exceed
revenues), early debt retirement, and capital purchases.
The City Manager will not bypass Council judgment in making use of one-time revenue. In utilizing
one-time revenue, the City Manager will carefully analyze and minimize the need for ongoing
expenditures.
Guideline E:
Capital expenditures will be planned each year in a five-year capital improvement plan. The annual
budget will provide a separate accounting of capital expenditures in each department. The city
manager should plan major projects with an estimated expenditure and with sources of funding
identified. The general fund expenditures for furniture, equipment, and buildings is expected to
fluctuate, but an average of 10% of the total general fund expenditures is expected, this includes the
amount funded by the 25% 2nd Penny funds.
Guideline F:
Upon the City Council’s adoption of an annual budget and five year capital plan that is presented in
accordance with Guidelines A through E, the City Manager assumes responsibility for ensuring
compliance with the budget as an established City Council Policy. This includes expenditure
control, and program and service delivery within that budget.
Minor deviations are tolerable and encouraged to maintain cost control and deliver quality services.
Examples of minor deviations are variances of purchases and costs between line items in a budget,
changes in programs and services resulting in cost savings or without cost, the use of grants that do
not cause future costs, and the purchases of minor equipment. This list is not exhaustive.
Major deviations require notification and sometimes-prior approval by the City Council. Examples
of major deviations include the use of the contingency fund, program eliminations or additions, the
use of cash instead of debt when debt was planned, changes in the capital improvement plan, and
change orders in capital projects. This list is not exhaustive.
Amended 04/29/08
To facilitate a budget that can respond to changing needs, the City Council will approve a
contingency fund for the City Manager to utilize at his/her discretion. Examples of uses for the City
Manager’s contingency fund include: unbudgeted training opportunities for staff; purchases of
software, hardware, and small equipment that was unbudgeted; one-time expenditures to fill a major
position vacancy; one-time expenditures requested by outside entities; and emergencies in general.
The Manager would be expected to make an effort to avoid utilizing the contingency.
The City Manager will report compliance or deviations from this Guideline for Financial Stability on
a quarterly basis.
Guideline G:
Budgets for Enterprise Funds will be prepared by the City Manager with a goal of providing quality
services and sustaining a maximum return to the General Fund on a long-term basis. A return on
assets (ROA) will be calculated on an annual basis.
Guideline H: Appropriation and Subsidy Policy & Guidelines
Purpose. The purpose of this policy is to establish guidelines and criteria regarding the allocation
and use of municipal subsidies within the City of Brookings. These guidelines shall be used in
processing and reviewing applications requesting municipal subsidy assistance. Protecting the
financial interest is of the City of Brookings is of the utmost importance, so it is the intent of the city
to provide a minimum amount of municipal subsidies, as well as other incentives that the City may
deem appropriate, for the shortest term required for the project to proceed.
The City reserves the right to approve or reject projects on a case-by-case basis, taking into account
established policies, specific project criteria, and demand on city services in relation to the potential
benefits to be received from a proposed project.
Meeting policy guidelines or other criteria does not guarantee the award of municipal subsidies.
Furthermore, the approval or denial of one project is not intended to set precedent for approval or
denial of another project.
Whenever possible, it is the City’s intent to coordinate the use of municipal services with other local
governing bodies and taxing jurisdictions.
Objective of Municipal Subsidies. 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.
To fulfill this commitment, the Brookings City Council will closely examine its goals and the goals of
its city departments to identify outcomes that will meet the standards as outlined in the mission
statement above.
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The Council also recognizes that its support of programs and services outside the scope of its city
departments may be necessary to fulfill the commitment and achieve the desirable quality of life for
its citizens. As a matter of policy, the City of Brookings will consider using municipal funds to
assist in the following areas, but are not limited to, opportunities in the areas of:
Affordable Housing
Arts & Culture
Youth Development
Diversity
Economic Development
Education & Literacy
Environment
Government Stewardship
Health
Parks, Recreation & Open Spaces
Partnerships
Preservation/ History
Safety
Transportation/Transit
The Brookings City Council may choose to annually allocate a specified funding amount for a
specific category, regardless of the number of applicants for that particular programming area.
General Guidelines for the Allocation of Municipal Subsidies. The City of Brookings may allocate up to four
(4) percent of the annual General Fund expenditures to subsidize community needs and programs.
The City’s current and projected financial health and stability will be the key deciding factor in
determining its ability to provide funds to outside organizations.
In addition, the Council will consider a number of factors as defined in the City’s Funding
Application when making this decision. A key factor will be the applicant’s ability to provide a
service or outcome that improves the quality of life for the citizens of Brookings. The applicant
must also provide a “but for” analysis which demonstrates the need for public assistance. Other
factors include the applicant’s ability to become self-sustaining, the duration of the funding
commitment, and operating verses capital requests.
Municipal subsidy will not be used for projects that would place extraordinary demands on city
infrastructure and services.
Request for donations or subsidies from individuals, religious or political groups based out of the
City of Brookings will not be considered.
Request for donations or subsidies from qualified organizations outside of the funding timeline will
not be considered.
General Guidelines for Subsidies. The Brookings City Council evaluates program-funding proposals on
an annual basis for funding in the following calendar year. The City’s fiscal year is January 1 to
December 31. Proposals must be submitted to the City Clerk in accordance with the budget cycle
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schedule and proposal format outlined below. Requests may only be made during this period of
time. Completed applications must be received on or before June 1st of each given year.
Following, a review by the City Manager and Finance Manager, the application shall be referred to
the City Council for further consideration during the annual budget meetings.
Organizations applying for a donation or subsidy must submit a completed Application for Funding
along with a detailed description of the project; a preliminary site plan; the amount requested; the
duration of the funding request; the public purpose of the project; verifiable funding sources and
uses; and a “but for” analysis which demonstrates the need for public assistance. Additional
documents that may be required include the organization’s current expense statement and budget,
Board of Directors listing, current Annual Report, and all other items specified in the City of
Brookings Application for Funding.
Budget Hearing Process. Brookings City Council budget meetings are held in the months of August and
September. All budget meetings are open to the public. Applicants may or may not be invited to
make a presentation on their funding proposal. Applicants are encouraged to attend all budget
meetings to remain informed during the process. Applicants should be prepared to answer
questions based on the application. Final action on the budget occurs at the last Council meeting in
September.
Brookings School District Subsidies. Appropriation of public funds can be set aside for specific purposes
which promote the City of Brookings mission and the local quality of life within the City of
Brookings. Brookings Municipal Utilities transfers funds each year to the General Fund as a means
to keep city property taxes at a low level for the citizens of Brookings. The City of Brookings may
annually appropriate not less than 13.5% up to 15% of the transfer from the Brookings Municipal
Utilities to the Brookings School District.
Economic Development/Promotions Subsidies. A subsidy from the 3rd B Fund shall meet the requirements
of the SD State Statute 10-52-8*. Funds will be appropriated from the 3rd B Fund to entities with
the capacity to promote and advertise the city, its facilities, attractions, and activities. In any fiscal
year, the City may require the unencumbered funds be returned to the City 3rd B Fund.
Subsidy Agreement and Reporting Requirements. The City of Brookings requires all recipients of
municipal funds to enter into appropriate agreements that identify the reason for the subsidy, the
public purpose served by the subsidy, subsidy payment schedule, final the specific performance
measurements to be attained, and final reporting on outcomes. Failure to provide final reporting of
funds and all other required reports will make applicant ineligible for future subsidies.
The City has established the policy that financial, service and program performance measures be
developed and used as an important component of decision making and incorporated into
governmental budgeting. The City encourages all departments to utilize performance measures. At
a minimum, performance measures should be used to report on the outputs of each program and
should be related to the objectives of each department.
The performance measurements should:
1. Be based on program objectives that tie to the City Council’s goals and program mission or
purpose;
Amended 04/29/08
2. Measure program results or accomplishments;
3. Provide for comparisons over time;
4. Measure efficiency and effectiveness;
5. Be reliable, verifiable and understandable;
6. Be reported internally and externally;
7. Be monitored and used in decision-making processes; and
8. Be limited to a number and degree of complexity that can provide an efficient and meaningful
way to assess the effectiveness and efficiency of key programs.
All agreements and reports shall be timely prepared and filed with the City Clerk. Failure to
comply with any of these requirements may result in the revocation of the requested subsidy as well
as fines, repayment requirements, and a determination that the organization is ineligible for future
municipal subsidies for a period of years.
* Applicable State Statute:
10-52-8. Additional tax on lodgings, alcoholic beverages, prepared food, and admissions -- Purposes -- Conformance with state sales and use tax.
Notwithstanding the tax rate limitations of §10-52-2 or 10-52-2.1, any municipality may impose an additional municipal non-ad valorem tax at the rate
of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within the municipality for
periods of less than twenty-eight consecutive days, or sales of alcoholic beverages as defined in §35-1-1, or establishments where the public is invited
to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to places of amusement, athletic, and
cultural events, or any combination thereof. The tax shall be levied for the purpose of land acquisition, architectural fees, construction costs, payments
for civic center, auditorium, or athletic facility buildings, including the maintenance, staffing, and operations of such facilities and the promotion and
advertising of the city, its facilities, attractions, and activities. Such taxes shall conform in all respects to the state sales and use tax on such items with
the exception of the rate.
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City of Brookings
Ends Policy 2, Municipal Services
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Municipal Services – Key Performance Area
Municipal Services is considered a key performance area by the Brookings City Council, and appears
in the Mission Statement as “providing a high quality of life for citizens.”
The City Council deems City Services, along with fiscal management, as the highest priorities of the
City Manager and City Employees. There is no more important function of City Government than
to serve the Citizens of Brookings in a friendly, effective manner.
For this document, the City Council defines Municipal Services as Life Safety (police and fire), and
Functional Services (all other departments).
Guideline A:
In terms of Life Safety, involving the police and fire departments, the City Manager will:
1) In emergency situations, uphold the decisions made by the fire or police chief;
2) Maintain personnel at established baselines;
3) Provide appropriate equipment to maximize safety of personnel;
4) Enforce ordinances and laws;
5) Not allow situations to develop that may raise insurance rates for citizens or for the City;
6) Maintain the budget in such a way that will not lower the quality of services.
Guideline B:
In terms of Functional Services, which include all departments of the City other than Life Safety, the
City Manager will:
1. Repair infrastructure in a timely manner;
2. Increase services while forecasting benefits;
3. Expand department budgets only while documenting baselines;
4. Approve changes that fall within the long-term plan;
5. Be intolerant to waste or inefficiency of any kind;
6. Be intolerant to poor service by City Employees;
7. Enforce ordinances and laws;
8. Document ongoing citizen satisfaction and performance reviews for services
provided;
9. Provide support and guidance for staff when they are forced to work outside of their
expertise;
10. Seek opportunities to share facilities with other entities;
11. Anticipate foreseeable needs;
12. Use foresight in developing services;
13. Deliver services in a timely and quality manner;
14. Consider citizen complaints;
15. Emphasize a user-friendly approach;
16. Apply technology whenever beneficial.
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Guideline C:
The City of Brookings has unique enterprise operations including the Solid Waste Disposal (landfill),
the Solid Waste Collection, the Liquor Retail Store, and the Liquor Override. In terms of enterprise
operations the City Manager will:
1. Comply with Guideline B;
2. Review the Return on Assets (ROA) on an annual basis. The Return on Assets will be calculated
comparing the net profit to the total assets of each enterprise operation. Net profit will be
calculated using the total revenue of each enterprise including the sales of services or goods,
interest, rents, sale of fixed assets, and miscellaneous income minus all expenses including
depreciation, but excluding the General Fund transfer expense. Total assets will include long-
term assets and current assets, but not restricted cash controlled by other entities (such as grants,
closure funds, etc.).
Return On Assets, Item #2
Year Landfill Collections Liquor Retail
2000 10.3% 26.5% 14.8%
2001 10.7% 35.4% 14.0%
2002 8.7% 16.5% 15.6%
3. Compare, as a percentage, the General Fund Transfer to the gross revenue of each enterprise
operation on an annual basis;
General Fund Transfer Comparison, Item #3
Total
Year Landfill Collections Liquor Retail Override
2000 13.2% 6.6% 6.1% 4.6% 7.3%
2001 14.0% 6.7% 5.9% 4.4% 7.1%
2002 29.2% 12.4% 6.5% 5.1% 7.8%
4. Compare the enterprise operations against other similar government operated enterprises in the
state of South Dakota every two years. However, a description of the uniqueness of the
enterprise operations must accompany the comparisons, which may include:
• Services provided
• Service area
• Fees charged
• General Fund Transfers (if any)
• Total gross revenue generated
• Source of funding for capital expenditures (revenues, grants, second penny sales tax,
general fund, loans, etc.)
Amended 04/29/08
Redwood
Brookings Marshall, MN Falls, MN
Comparison of Operations ~~2002~~~~~2001~~~~~2002~~
Population 18,500 12,023 4,859
Retail Sales 2,157,279 2,777,370 1,119,481
Override Sales 2,952,863 0 0
Net Profit/Retail 119,606 436,371 80,753
Transferred/Retail 110,773 301,230 25,000
Net Profit/Override 232,580 0 0
Transferred/Override 221,547 0 0
5. Calculate earnings ratio on an annual basis; (sales of goods or services minus expenses including
depreciation, but excluding the General Fund transfer; divided by sales of goods and services
times 100)
Earnings Ratio, Item #5
Total
Year Landfill Collections Liquor Retail Override
2000 28.9% -31.8%6.1%4.6%7.7%
2001 28.3% -6.0%6.1%4.6%7.8%
2002 22.8% -11.9%6.9%5.5%7.9%
6. Review a five year Capital Improvement Plan (CIP) on an annual basis. The CIP must list the
capital outlays and source of funds, including demonstrating that needed capital reserves are
maintained so that the enterprises are being operated in a stable financial manner.
Each department prepares a Five-year CIP on an annual basis.
Amended 04/29/08
City of Brookings
Ends Policy 3, Business Models
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Business Models, (Long Range Planning, Customer Satisfaction, Productivity and Process
Improvement)--Key Performance Areas
Operation of the City under a business model, emphasizing long range planning, customer
satisfaction, and productivity and process improvement, is considered a key performance area by the
Brookings City Council, and appears in the Mission Statement as “innovative thinking and strategic
planning.”
The City Council chooses to import models and practices not only from government, but just as
importantly, from innovative business models. In other words, the Council wants the City, whenever
possible and prudent, to operate with similar systems and attitudes adopted by any successful
business. Some of the major themes the Council chooses to emphasize are:
1. Benchmarking. The Council wants to constantly compare City performance
with other cities and other departments, to be sure Brookings is operating in
not only an efficient, but creative and innovative manner. The Council is
aware that Brookings is unique—at times, the City’s emphasis and direction
will, and should, differ considerably from other cities. However, information
about best practices from other communities will always help the Council
make better choices.
2. Continuous improvement. The Council expects measurements of
performance to challenge the status quo, through the use of continuous
improvement processes. Since the needs of our citizen customers are
constantly changing, so should our practices.
3. Goal-setting. The Council expects specific goals to challenge each City
Department.
4. Accountability. The Council expects the City Manager to hold City
Employees to standards that demand excellence. “Good enough” is not an
acceptable standard.
5. Customer satisfaction. The Council expects the City to institute a form of
measurement to gather and monitor customer satisfaction.
Amended 04/29/08
City of Brookings
Ends Policy 4, Economic Development
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Mission Statement - 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.
Economic Development – Key Performance Area
Economic Development and expansion is considered a key performance area by the Brookings City
Council, and appears in the Mission Statement as “fostering a diverse economic base.”
The Council understands and intends to emphasize the importance of a healthy economy in
Brookings and the surrounding area. For the entire community a healthy economy is critical to a
high quality of life. Because of its great importance, there are many entities involved in economic
development in Brookings. As the City is a significant funding source for much of the economic
development efforts in Brookings it is the Council’s intention to spend economic development
dollars in the wisest most productive manner possible.
The City Council’s desired End is to have an economy that is healthy and growing with enough
economic activity to support and fund public services. Toward that end, some overall indicators,
expressed as ends, have been identified:
A. The property tax base is growing.
B. Sales taxes are increasing.
C. Retail, Commercial, and Industrial buildings are not vacant.
D. There are employment opportunities.
E. There are competitive wages.
Having developed some overall Ends, following are more specific Ends to provide guidance to both
the City Council and the City Manager.
1. City Government is prepared for economic development opportunities.
a) 20% of un-obligated 75%-2nd Penny dollars are set aside for future economic
development opportunities.
b) The City Manager is designated as the primary contact from city government for
economic development inquiries.
c) City government, through its City Manager, acts as a facilitator for cooperation amongst
the various economic development entities.
d) There is adequate land available for future Industrial and Commercial development.
e) BEDC has an Action Plan with Committees in place to foster economic development,
create opportunities, and react to opportunities.
2. Economic development entities are working cooperatively and collaboratively.
Amended 04/29/08
a) A comprehensive economic development strategy exists.
b) Economic development entities meet with the city manager on a regular basis and report
to the City Council on a regular basis.
c) There is an excellent relationship between economic development entities and the
Governor’s Office of Economic Development.
d) There is a planned, cooperative effort for all “hostings”.
3. Economic development efforts are conducted with an emphasis on the community’s assets.
a) The growth and expansion of existing Brookings industries and retail are the primary
target for increased employment and economic growth.
b) SDSU students and SDSU Colleges are viewed as potential partners to targeted
businesses and industries. A business or industry closely related to a field of study at
SDSU can profit from the use of a quasi-professional/professional work force willing to
work part-time and eventually full-time, the knowledge base held within an SDSU
college, and other partnerships with SDSU.
c) The City will partner with the innovation campus at SDSU.
4. The land around the Swiftel Center/Ice Arena is developed to enhance and complement the
existing land use in the area.
5. Tourism is bringing outside money to the community.
a) Quality events and promotions occur frequently.
b) There is an events coordinator and an emphasis on filling the summer months with
activities. Hotel rooms are full.
c) “3rd Penny” tax receipts are increasing.
d) Sales tax receipts are directly impacted by events.
e) Facilities (Ice Arena, Swiftel Center, Sports Fields, Performing Arts Center, Wellness
Center) are used at capacity.
f) Promotion dollars leverage significant visitor spending.
g) The community accepts a plan for the broadening of the tax base for promotional
uses.
6. Tourism entities are working cooperatively and collaboratively.
a) A comprehensive promotion strategy exists.
b) City Government acts as a facilitator for cooperation among the various tourism
entities.
7. The Research and Technology Center operates to facilitate the start-up and continued health
of agricultural and research based business and industry. Businesses and organizations
placed in the Center are agricultural research and technology based. A specific policy guides
the management of the Research and Technology Center.
8. Because the State of South Dakota provides local control of the number of liquor licenses
allowed in a City, there are ample liquor licenses available for future development of
amenities the traveling and visiting public desires. The City of Brookings has a policy to
guide the distribution of licenses (operating agreements).
Amended 04/29/08
9. The cost for tourism and promotion will not exceed the sum of the “3rd Penny” revenues
raised annually to $300,000.
10. The cost of economic development activities fluctuate based on the need and projects
proposed.
11. The City Council has considered predevelopment agreements with large retail developments.
Amended 04/29/08
City of Brookings
Ends Policy 5, Employee Training and Development
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Employee Training and Development—Key Performance Area
Employee Training and Development is considered a key performance area by the Brookings City
Council, and appears in the Mission Statement as “proactive, fiscally responsible municipal
management.”
The Council values City of Brookings employees as emissaries to the world. With this in mind, the
work environment for employees shall be one in which employees are appreciated, and encouraged
to grow and expand their skills. Compensation and benefit packages will promote excellence, within
the safest possible working conditions. The goal of training shall be to provide tools to assist staff to
exceed management and customer expectations.
Deviations from the below stated guidelines must be reviewed and approved by the Council.
Guideline A:
Training shall equip employees with the attitudes and behaviors necessary to achieve excellence.
Based on this guideline, training shall:
1. Commence immediately upon hiring, and continue throughout the career of the
employee, providing specific tools for optimal performance and productivity;
2. Emphasize continuous improvement of employees and processes;
3. Enhance an employee’s opportunity for promotion;
4. Emphasize customer service;
5. Focus on effective technological practices.
Guideline B:
Compensation Ranges will be objectively determined by the City Manager in accordance with this
policy. Research shall compare compensation and benefits with those of other public entities with
whom the City may compete for qualified employees, along with private sector organizations that
have similar positions in the surrounding area.
Infrequently, full market surveys may be required to evaluate and implement necessary modifications
to the City’s pay system. Full market surveys that might require the services of a consultant to
evaluate the City’s compensation levels will be completed only upon recommendation of City
Manager and approval by the Council.
The organizations to be included in the market research for non-exempt positions will consist of
other public sector entities primarily in South Dakota, as well as private sector organizations in the
local region, as appropriate, that have similar positions. For management and professional positions,
the market will include many of the organizations previously identified, plus similarly sized cities in
surrounding states that the city would compete with for applicants as identified by the City Manager.
It is not intended that the market will include significantly larger South Dakota cities, such as Sioux Falls
and Rapid City, unless the market conditions clearly suggest the need to do so.
Amended 04/29/08
In order to ensure that there is consistency in the methodology used when determining the
compensation ranges and benefits, the City Manager will follow the guidelines below:
In addition to infrequent full market surveys, periodic checks of benchmark positions will be
completed as directed by the City Manager to monitor and maintain the City’s compensation
program. To maintain compensation levels that are comparable to market, the City Manager will
identify and select benchmark positions and organizations to survey on a timetable appropriate to
upcoming budget year. Efforts will be made to survey the same or like organizations as in the
previous survey unless an exception to this policy can be justified.
In order to maintain the internal equity of the compensation system, the Job Factor Evaluation
System adopted by the City will be used for all job classification reviews. The job evaluation is not
intended to provide a specific value for a position; rather it is intended to provide an assessment of
the “relative” value of a position to the organization, compared to other positions. The following
criteria defined in the Job Factor Evaluation will be used in evaluating the internal equity placement
of City positions:
1. Scope of Supervision – Factor measures both the level of supervision required as well as the
number of individuals supervised.
2. Job knowledge - Factor measures the extent and nature of knowledge required to perform
the duties of the position.
3. External Contacts – Factor measure the nature and frequency of external contacts.
4. Decision Making – Factor measures the level of decision-making and independent thought
required.
5. Job Complexity – Factor measures level of analytical ability required in the position and the
complexity of typical situations faced.
6. Physical Working Conditions – Factor measures nature of physical working environment
and frequency in which employee typically works in that environment.
7. Exposure to Hazards – Factor measures employee’s typical exposure to health and physical
dangers and frequency of such exposure.
The pay grades and pay ranges will remain consistent and uniform as follows.
1. The bargaining unit will have established pay grades with ranges of 21.7% and a six percent
differential between each grade. The pay grades will be determined based on position title, specific
duties involved, and job factor evaluation system.
2. The management group will also have established pay ranges of 35% Pay ranges will be
established by position title, specific duties involved, and job factor evaluation system. The non-
union/non-management will be placed on a similar pay system with ranges of 21.7%.
There is also in place for management exempt employees a pay for performance system which is
administered by the City Manager based on budgeted funds to provide recognition to management
staff for their additional contributions, achievements and service to the City of Brookings over the
past year.
3. For the police bargaining the Council will have pay grades with ranges of 21.7% with exceptions
with less than 21.7% ranges to minimize overlap.
Amended 04/29/08
A combination of the data collected on the identified benchmark positions and the job factor
evaluation system will be used to place each City position at appropriate pay grades in the City of
Brookings Pay Plan Schedules. By using both the market survey data and the job factor evaluation,
the City will have a pay system that is within market and reflects the City of Brookings organization.
The Council will not assume an obligation to automatically increase pay ranges without justification.
Justification will rely on a review of the Midwest CPI and specific salary date received/obtained
from sources as determined appropriate by City Manager. The purpose of this process is to develop
a pay system that is fair and within market and to provide a process that is consistent and
reproducible.
In summary, this policy provides further definition to the following Council policy. It is the intent
of the Council for compensation to:
1. Be commensurate with individual productivity within the market range;
2. Be systematic, with defined ranges, with consistent span in the pay ranges where feasible
using the median of the maximum rate of pay of surveyed positions as a benchmark;
3. Be used as a reward and motivation to achieve excellence;
4. Be attractive to top candidates;
5. Be adequate to retain top performers;
6. Exceed standards only when justified by exceptional performance;
7. Emphasize the use of reward bonuses over pay increases.
8. Be structured, when appropriate, to allow staff attrition to maintain market rates.
Amended 04/29/08
City of Brookings
Ends Policy 6, Intergovernmental Cooperation and Relations
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Intergovernmental Cooperation and Relations—Key Performance Area
Intergovernmental Cooperation and Relations is considered a key performance area by the
Brookings City Council, and appears in the Mission Statement as “providing a high quality of life for
citizens…through innovative thinking and strategic planning.”
The Council wishes to coordinate efforts with other governmental bodies, to mutual benefit,
whenever possible. The Council hopes to continue to work closely with any governmental body
seeking to serve the best interests of the Citizens of Brookings in a more integrated manner.
Staff must remember their importance in establishing and maintaining rapport with scores of
governmental agencies and groups. At times, one staff person is the only representative of
Brookings to encounter a given government official and regardless of the size or length of the
interaction, the Council hopes staff conducts themselves in a manner that would be the pride of
Brookings.
Though too numerous to mention every governmental body, examples of governmental bodies that
the Council wishes to coordinate efforts with include (not in order of importance): Federal, State,
County, University, School District, Cities with home rule, other Cities, and Municipal League.
Amended 04/29/08
Amendments
May 13, 2002, the City Council approved the City Council Code of Ethics as Attachment A and the
Volunteer Code of Ethics as Attachment B
November 27, 2002 – Amended Ends Policy 2, Municipal Services, to add Guideline C for
enterprise funds
May 27, 2003 Amended Economic Development Policy
January 11, 2005 - Amended Financial Stability Ends Policy
May 8, 2007 – Amended Policy 1, Governance Process; Policy 2, Council-Staff Linkage; Ends Policy
1, Financial Stability; Ends Policy 2, Municipal Services; Ends Policy 4, Economic Development;
Ends Policy 5, Employee Development and Training.
April 29, 2008 – Amended Ends Policy 1, Financial Stability, adding Guideline H: Appropriation
and Subsidy Policy & Guidelines
Amended 04/29/08
City of Brookings Governance and Ends Policies - Appendix A
City Council Code of Ethics
Approved May 13, 2002
The mayor and council are responsible for making policy decisions for the community. The City Council
provides vision, direction and leadership to the community and the organization. The City Council further
represents the Brookings Community with other governmental entities and officials. In order to maintain
and enhance public trust and confidence in our local government, to achieve equity and social justice, to
affirm human dignity, and to better the quality of life for residents of Brookings the members of the City
Council dedicate themselves to the stewardship of the public trust and therefore embrace the following ideals,
seeking to:
Uphold constitutional government and the laws of the city of Brookings;
Conduct public and private life as to be an example for my fellow citizens;
Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the same
treatment I wish to receive myself;
Abstain from voting when a conflict of interest exists in accordance with the Brookings City Charter,
Section 7.01 (a) Conflicts of Interest provision;
Be tolerant, respectful and attentive. Avoid comments, body language or distracting activity that
conveys a message of disrespect for the presentations from citizens, staff or colleagues;
Maintain and respect the confidentiality of private and confidential information;
Attend all regular and special meetings, including briefings, and public functions where my presence
is expected;
Be prepared by reading all documents pertaining to an issue in advance of the above mentioned
meetings or event;
Be an active and attentive participant;
Be professional in both appearance and manner; and
Read, comprehend and comply with local, state, and national governmental guidance, directives,
regulations and ordinances pertaining to my position.
It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of
ethics from all its Council members. Brookings Council members shall maintain the utmost standards of
personal integrity, truthfulness, honesty, and fairness in carrying out their public duties, avoid any
improprieties in their roles as public servants including the appearance of impropriety, and never use their city
position or powers for improper personal gain.
The code of ethical behavior will govern members of the City Council. City Council members are
encouraged self-monitor their behavior and offer constructive recommendations to fellow Council members
if necessary. As a member of the City Council, I accept these ideals and policy, and pledge to do in the
interest and purposes for which our government has been established.
Date Signature
Amended 04/29/08
Amended 04/29/08
City of Brookings Governance and Ends Policies - Appendix B
City of Brookings Volunteer Code of Ethics
Approved May 13, 2002
Volunteer advisory boards, committees and commissions provide a very important service to the City of
Brookings. Members of volunteer boards, committees and commissions are often the first and only contact an
individual might have with city government. In order to maintain and enhance public trust and confidence in our local
government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for residents of
Brookings the members of volunteer boards and committees dedicate themselves to the stewardship of the public trust
and therefore embrace the following ideals, seeking to:
Uphold constitutional government and the laws of the city of Brookings;
Conduct public and private life as to be an example for my fellow citizens;
Abstain from voting when a conflict of interest exists in accordance with the Brookings City Charter, Section 7.01
(a) Conflicts of Interest provision;
Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the same treatment I
wish to receive myself;
Be tolerant, respectful and attentive. Avoid comments, body language or distracting activity that conveys a
message of disrespect for the presentations from citizens, staff or colleagues;
Maintain and respect the confidentiality of private and confidential information;
Attend all regular and special meetings, including briefings, subcommittee meetings and public functions where
my presence is expected;
Be prepared by reading all documents pertaining to an issue in advance of the above mentioned meetings or
event;
Be an active and attentive participant;
Be professional in both appearance and manner; and
Read, comprehend and comply with local, state, and national governmental guidance, directives, regulations
and ordinances pertaining to my position.
It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics from all its
appointed officials. Brookings City officials shall maintain the utmost standards of personal integrity, truthfulness,
honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants including
the appearance of impropriety, and never use their city position or powers for improper personal gain.
The code of ethical behavior will govern members of all City of Brookings boards, committees and commissions.
Volunteers are responsible to self-monitor their behavior. Concerns regarding a volunteer’s behavior should be reported
to the City Manager. Deviation from this Code of Ethics may result in removal from the Board.
As an appointed official, I accept these ideals and policy, and pledge to act in the interest and purposes for which our
government has been established.
Date Signature
City Council Packet
April 5, 2011
45
5:00 P.M. WORK SESSION** Work sessions are open to the public. During the work
session the city staff would brief the council on items for that particular meeting, introduce future topics,
and provide a time for Council members to introduce topics.
3. City Council Member Ex-Officio Reports.
Pursuant to council direction, ―City Council Member Ex-Officio Reports‖
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Bezdichek
2. Council Member Corbett
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member McClemans
City Council Packet
April 5, 2011
46
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. Joint Powers Board Council Member’s Report.
Pursuant to council direction, ―Joint Powers Board City Member Updates‖
will be a standing agenda item at all Council Work Sessions. The Council
Members serving on the Joint Powers Board will provide verbal updates
regarding recent meetings they have attended.
Mayor Tim Reed & Council Member Kubal
City Council Packet
April 5, 2011
47
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. 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
frame. A majority vote is required.
City Council Packet
April 5, 2011
48
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. Council Invites & Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
April 7 Thursday Council Mtg-SPECIAL 1:00-5:00 pm Council Chambers
April 7 Thursday
Brookings Area Master
Transportation Open
House
6:00 p.m. – 7:30 p.m. Council Chambers
April 12 Tuesday ELECTION
April 14 Thursday Council Mtg-SPECIAL
(Election Canvass) 9:00 am Meeting Room
April 14 Thursday 2011 Legislative Wrap-
up Luncheon 11:30 a.m. – 1:00 p.m. Swiftel Center
April 22 Friday
Groundbreaking for
Innovation Center
Wing II
1:00 p.m. 2301 Research Park Way
April 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
April 26-27 Tuesday-
Wednesday
Governor’s Economic
Development
Conference
Best Western Ramkota –
Sioux Falls
May 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
May 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 18-26 Friday-
Saturday
Open World
Leadership Center –
Russian Delegates in
Brookings
June 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 27 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 4-7 Tuesday-
Friday
SDML Annual
Conference Sioux Falls, SD
City Council Packet
April 5, 2011
49
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
October 11 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 25 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 8 Tuesday Council Meeting 5:00 p.m. Council Chambers
November
8-12
Tuesday-
Saturday
NLC Congress of
Cities Phoenix, AZ
November 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 20 Tuesday Council Meeting 5:00 p.m. Council Chambers
50
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 schedule a special council meeting on April 14th at 9:00 a.m. for the Election Canvass.
C. Action on Resolution No. 44-11, a Resolution for Federal Aid Surface Transportation Program for County and
Urban Projects.
D. Action on Resolution No. 45-11, to declare surplus property (marquee).
E. Action on Mayoral appointment.
Action: Motion to Approve, Request Public Comment, Roll Call
Open Forum/Presentations/Reports
5. Open Forum
6. SDSU Student Senate Report
First Readings
7. Ordinance No. 05-11: An Ordinance Amending Section 6-6 of the Code of Ordinances of the City of Brookings,
South Dakota and pertaining to Video Lottery Machine Placement in the City of Brookings, South Dakota.
Public Hearing: April 26th
Second Readings / Public Hearings
8. Ordinance No. 08-11: An Ordinance rezoning Lot 3, Block 10, Folsom Addition and the vacated street lying between
Blocks 10 and 11, Folsom Addition from a class Industrial I-1 District to a class Residence R-3A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 06-11: An Ordinance pertaining to an application for a Conditional Use for a Brewpub in the
Business B-1 District, East 65 feet of Lots 15 and 16, Block 14, Second Addition, also known as 309/311 5th Street.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Ordinance No. 07-11: An Ordinance pertaining to an application for a Conditional Use for an Office in the Residence
R-2 District, Lot 3, Block 3, Hill Park Addition, also known as 1112 6th Street.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on Temporary Liquor License requests for The Shamrock for events on 4/14 (2), 4/23, 4/28
and 4/29/2011 (2).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Temporary Liquor License requests for the Swiftel Center for events on 4/30, 5/11-12,
5/13, and 5/21, 2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on Resolution No. 46-11, a Resolution authorizing Vacation of an alley located on the west
10 feet of the east 165 feet of the north 57.5 feet of Temple Block Addition is hereby vacated. (Located behind the
Johnson-Henry Funeral Home.)
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public hearing and action on Resolution No. 39-11, a Resolution approving a Storm Water Funding Application for
financial assistance, authorizing the execution and submittal of the application and designating an authorized
representative to certify and sign payment requests.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
15. Request to modify parking for bike lanes.
Action: Informational
16. Preliminary action on Gateway Entry Project concept.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Action on Resolution No. 47-11, a public request for position on SDSU Northwest Quadrant.
Action: Motion to Approve, Request Public Comment, Roll Call
18. Action on Resolution No. 43-11, Consent Agenda Policy.
Action: Motion to Approve, Request Public Comment, Roll Call
19. Summary of the 2010 Phase II Storm Water Management Program.
Action: Informational
20. Action on City of Brookings 2011 Strategic Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
21. Adjourn.
City Council Packet
April 5, 2011
51
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to schedule a special council meeting on April 14th
at 9:00 a.m. for the Election Canvass.
C. Action on Resolution No. 44-11, a Resolution for Federal
Aid Surface Transportation Program for County and
Urban Projects.
D. Action on Resolution No. 45-11, to declare surplus
property (marquee).
E. Action on Mayoral appointment.
*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
City Council Packet
April 5, 2011
52
CONSENT AGENDA #4
B. Action to schedule a special council meeting on April 14th at 9:00
a.m. for the Election Canvass.
Pursuant to state law, City Council action is required to schedule any
special City Council meeting. This action would approve holding a special
City Council meeting on April 14, 2011, at 9:00 a.m. for canvassing the
April 12th Municipal Election results.
City Council Packet
April 5, 2011
53
CONSENT AGENDA #4
C. Action on Resolution No. 44-11, a Resolution for Federal Aid
Surface Transportation Program for County and Urban Projects.
The South Dakota Department of Transportation (SDDOT) is currently
programming their projects for the Statewide Transportation Improvement
Plan (STIP) for Federal Fiscal Years 2012-2016. The SDDOT allocates
funding for urban systems projects using 81.95% federal funds and 18.05%
state funds. SDDOT requires each city to submit a resolution outlining the
projects for the next 5-years based on our best estimate of future needs.
The current Statewide Transportation Improvement Plan (STIP) for
Brookings has several projects listed on the attached resolution. These
streets are eligible for DOT funding. This resolution will authorize the
projects to be placed on the Statewide Transportation Improvement Plan
for future improvements.
City Council Packet
April 5, 2011
54
Resolution No. 44-11
Federal Aid Surface Transportation Program Resolution for
County and Urban Projects
Whereas, the City of Brookings has desires the construction and improvement of the road
and/or bridge as hereinafter described:
Year Project Location Type of Work Length Cost
2012 Medary Ave. S. from Milling & Asphalt Overlay 1.6 $1,000,000
6th St. to 15th St. S. & Pavement Markings
2013 12th St. S. from Main Av. S. Milling & Asphalt Overlay .02 $400,000
to 22nd Ave. S. & Pavement Markings
2013 Intersection of 12th St. S. New Traffic Signal & .02 $180,000
and 17th Ave. S. Pavement Markings
2013 Intersection of Main Av. S New Traffic Signal & .02 $180,000
and 20th St. S. Pavement Markings
2013 Medary Ave. from Milling & Asphalt Overlay 0.8 $400,000
N. Campus Dr to NCL & Pavement Markings
2014 Sunrise Ridge Rd. from 6th Milling & Asphalt Overlay .63 $250,000
St. to Eastbrook Dr. & Pavement Markings
2014 17th Ave. S. from 6th St. Milling & Asphalt Overlay 1.0 $350,000
to 8th St. S. & Pavement Markings
2014 Eastbrook Dr. from Milling & Asphalt Overlay .33 $150,000
Sunrise RidgeRd. to & Pavement Markings
22nd Ave. S.
2015 Main Ave. S. from 1st St. S. Milling & Asphalt Overlay .34 $200,000
to 4th St. S & Pavement Markings
Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance
as required by the Federal Highway Act as amended and supplemented thereto for the project
after construction is completed and to regulate or cause to be regulated the installation of
utility facilities within the limits of the right of way of the proposed project in accordance with
State and Federal requirements.
City Council Packet
April 5, 2011
55
Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all
costs not reimbursable with Surface Transportation Program (STP) Funds and associated State
matching funds.
Whereas, the City of Brookings will utilize STP funds for 100% of the project.
Now Therefore Be it Resolved that the South Dakota Department of Transportation be and
hereby is authorized and requested to program for construction, in accordance with the
―Secondary Road Plan‖ and the State’s ―Standard Specifications for Roads and Bridges,‖ the
project described.
Vote of the City Council: Yes ______ No______
Dated at Brookings, SD, this 5th day of April, 2011.
CITY OF BROOKINGS
_______________________________
Tim Reed, Mayor
ATTEST:
_______________________________
Shari Thornes, City Clerk
(SEAL)
City Council Packet
April 5, 2011
56
CONSENT AGENDA #4
D. Action on Resolution No. 45-11, to declare surplus property
(marquee).
City Council action is required to declare the above referenced property
surplus for disposal.
Resolution No. 45-11
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment formerly
used at the Swiftel Center:
Galaxy LED Display Marquee (size: 17’ x 7’ 5‖)
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 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 5th day of April, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
58
CONSENT AGENDA #4
E. Action on an appointment to the Park & Rec Board.
Mayor Tim Reed is recommending the appointment of Sean Binker to the
Brookings Park & Rec Board. Mr. Binker would fill the vacancy created by
Ryan Krogman’s resignation. The term expires 5/1/2013.
City Council Packet
April 5, 2011
59
Open Forum
5. 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.
6. SDSU Student Senate Report.
President – Mark York
Vice-President – Anthony Sutton
Administrative Assistant – Brooke Reiner
Finance Chair – Brian Gottlob
State & Local Chair – Jameson Berreth
SDSU Senate Website: http://www.wix.com/sdsu_sa/sa
City Council Packet
April 5, 2011
60
First Readings**
7. Ordinance No. 05-11: An Ordinance Amending Section 6-6 of the
Code of Ordinances of the City of Brookings, South Dakota and
pertaining to Video Lottery Machine Placement in the City of
Brookings, South Dakota.
Public Hearing: April 26, 2011
**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.
To: Mayor and Council Members, Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: March 30, 2011
Re: Video Lottery regulation—Brookings Ordinance Sec. 6-6
Discussion: In the year 2000, the City of Brookings adopted Ordinance 00-4 which limited the
number of video lottery establishments under SDCL 42-7A-64. Due to clarification with
respect to the interpretation of SDCL 42-7A-64 and municipal powers resulting from 2 recent
court decisions, it would be appropriate to revise Brookings Ordinance 6-6 so the Ordinance is
limited to wine and malt beverage retailers and is not applicable to any other alcoholic beverage
licensee. I am providing a copy of a decision I referred to in the most recent Council meeting,
which holds, in part, that 42-7A-64 is only applicable to wine and malt beverage retailers, and
regulation of video lottery by municipalities is otherwise prohibited. Accordingly, a municipality
cannot regulate the issuance of video lottery licenses at any other types of alcoholic beverage
establishments, such as those holding operating agreements.
SDCL 42-7A-64. State Lottery - Additional criteria for on-sale
alcoholic beverage licensees in video lottery licensed establishments.
A municipality or county may consider, in addition to the criteria for the
issuance of an on-sale alcoholic beverage license, the following criteria for
authorizing video lottery machine placement in establishments issued an on-
sale alcoholic beverage license pursuant to subdivisions 35-4-2(12)1 and
(16)2:
(1) The number of establishments currently licensed for video lottery;
1 (12)Wine retailers, being both package dealers and on-sale dealers.
2 (16) Malt beverage retailers, being both package dealers and on-sale dealers.
City Council Packet
April 5, 2011
61
(2) The proximity of the business to other establishments licensed for video
lottery;
(3) The type of business and manner in which the applicant proposes to
operate it;
(4) The location of the business in relation to other businesses, residential
areas, or activities within the same general area;
(5) The extent to which minors frequent a business connected to the one
proposed; and
(6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the
department of revenue for a license granted under subdivisions 35-4-2(12) and
(16) whether the business premises is authorized for video lottery machine
placement. An existing video lottery license may not be denied renewal or
transfer based upon the criteria set forth in this section. The lottery may issue a
video lottery license to those establishments certified pursuant to this section.
Notwithstanding the above provisions, a county or municipality may not restrict
the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12)
and (16) and certified for video lottery to a number less than those licensed as
video lottery establishments on March 1, 1994.
Proposed Changes to Ordinance
Sec. 6-6. Authorizations for video lottery machine placement.
(a) Not more than one authorization for a video lottery machine placement:
in establishments issued an on-sale alcoholic beverage license pursuant
to subdivisions 35-4-2(12) and (16) who apply for video lottery
establishment authorization after the effective date of the ordinance from which
this section is derived will be granted for each 880 persons, or a fraction thereof,
of the population of the city as determined each August 1 by the city planning
department. No establishment authorized for a video lottery machine placement
may be denied authorization in subsequent years solely by reason of any
limitations of the number of authorizations under the provisions of this section.
The quota, as established in this section, does not limit other types of non-video
lottery licenses issued pursuant to SDCL 35-4-2; however, the quota and the
criteria and requirements set forth in this section do not apply to any type of
alcoholic beverage licensee other than wine and malt beverage retailers.
(b) New video lottery sites shall be selected according to the following
criteria and which satisfy the requirements set forth in subsection (b)(3) of this
section:
City Council Packet
April 5, 2011
62
(1) The proximity of the proposed new video lottery site to other
establishments which have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video
lottery site and the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar,
restaurant or lounge which is primarily maintained and operated for the selling
and consumption of alcoholic beverages and food on the premises. In order to
ensure that only bars, restaurants and lounges are authorized as video lottery
establishments, proposed new video lottery establishments must derive 75
percent or more of their gross business income, excluding video lottery income,
from the sale of beverages, room rentals and food which is prepared and
consumed on the premises. Any applicant for authorization as a video lottery
establishment shall certify that the applicant complies with this subsection. The
city may require the applicant to provide proof through business records of
compliance with this requirement. Bona fide chartered veterans' organizations,
religious, charitable or fraternal organizations are excluded from the require-
ments of this subsection (b)(3).
(4) The location of the proposed new video lottery site to other businesses,
residential areas, or activities within the same general area.
(5) The extent to which minors frequent a business connected to the
proposed new video lottery site.
(6) The effect the proposed new video lottery site has on economic
development.
City Council Packet
April 5, 2011
63
Ordinance No. 05-11
An Ordinance Amending Section 6-6 of the Code of Ordinances of the City
of Brookings, South Dakota and pertaining to Video Lottery Machine Placement 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. 6-6. Authorizations for video lottery machine placement.
(a) After the effective date of this Ordinance, not more than one authorization for a video
lottery machine placement for establishments issued an alcoholic beverage
license pursuant to subdivisions 35-4-2(12) and SDCL 35-4-2(16) who apply for
video lottery establishment authorization will be granted for each 880 persons, or a
fraction thereof, of the population of the city as determined each August 1 by the city
planning department. No establishment authorized for a video lottery machine
placement may be denied authorization in subsequent years solely by reason of any
limitations of the number of authorizations under the provisions of this section. The
quota and the criteria and requirements set forth in this section do not apply to any
type of alcoholic beverage licensee other than wine and malt beverage retailers.
(b) New video lottery sites shall be selected according to the following criteria and which
satisfy the requirements set forth in subsection (b)(3) of this section:
(1) The proximity of the proposed new video lottery site to other establishments which
have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video lottery site and
the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar, restaurant or
lounge which is primarily maintained and operated for the selling and consumption of
alcoholic beverages and food on the premises. In order to ensure that only bars,
restaurants and lounges are authorized as video lottery establishments, proposed new
video lottery establishments must derive 75 percent or more of their gross business
income, excluding video lottery income, from the sale of beverages, room rentals and
food which is prepared and consumed on the premises. Any applicant for authorization
as a video lottery establishment shall certify that the applicant complies with this
subsection. The city may require the applicant to provide proof through business
records of compliance with this requirement. Bona fide chartered veterans' organiza-
tions, religious, charitable or fraternal organizations are excluded from the requirements
of this subsection (b)(3).
City Council Packet
April 5, 2011
64
(4) The location of the proposed new video lottery site to other businesses, residential
areas, or activities within the same general area.
(5) The extent to which minors frequent a business connected to the proposed new video
lottery site.
(6) The effect the proposed new video lottery site has on economic development.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading April 5, 2011
Second Reading and Adoption April 26, 2011
Published
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
65
Ordinance No. 05-11 (MARKED)
An Ordinance Amending Section 6-6 of the Code of Ordinances of the City
of Brookings, South Dakota and pertaining to Video Lottery Machine Placement 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. 6-6. Authorizations for video lottery machine placement.
(a) After the effective date of this Ordinance, not more than one authorization for a video
lottery machine placement for establishments issued an on-sale alcoholic
beverage license pursuant to subdivisions 35-4-2(12) and SDCL 35-4-2(16)
who apply for video lottery establishment authorization as provided in SDCL 42-7A-64
will be granted for each 880 persons, or a fraction thereof, of the population of the city
as determined each August 1 by the city planning department. No establishment
authorized for a video lottery machine placement may be denied authorization in
subsequent years solely by reason of any limitations of the number of authorizations
under the provisions of this section. The quota, as established in this section, does not
limit other types of non-video lottery licenses issued pursuant to SDCL 35-4-2; however,
the quota and the criteria and requirements set forth in this section do not apply to any
type of alcoholic beverage on-sale licensee other than wine and malt beverage retailers
including those holding operating agreements, and on-sale malt and wine licensees who
apply for video lottery establishment authorization after the effective date of the
ordinance from which this section is derived.
(b) New video lottery sites shall be selected according to the following criteria and which
satisfy the requirements set forth in subsection (b)(3) of this section:
(1) The proximity of the proposed new video lottery site to other establishments which
have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video lottery site and
the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar, restaurant or
lounge which is primarily maintained and operated for the selling and consumption of
alcoholic beverages and food on the premises. In order to ensure that only bars,
restaurants and lounges are authorized as video lottery establishments, proposed new
video lottery establishments must derive 75 percent or more of their gross business
income, excluding video lottery income, from the sale of beverages, room rentals and
food which is prepared and consumed on the premises. Any applicant for authorization
as a video lottery establishment shall certify that the applicant complies with this
City Council Packet
April 5, 2011
66
subsection. The city may require the applicant to provide proof through business
records of compliance with this requirement. Bona fide chartered veterans' organiza-
tions, religious, charitable or fraternal organizations are excluded from the requirements
of this subsection (b)(3).
(4) The location of the proposed new video lottery site to other businesses, residential
areas, or activities within the same general area.
(5) The extent to which minors frequent a business connected to the proposed new video
lottery site.
(6) The effect the proposed new video lottery site has on economic development.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading April 5, 2011
Second Reading and Adoption April 26, 2011
Published
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
67
Second Reading / Public Hearing
8. Ordinance No. 08-11: An Ordinance rezoning Lot 3, Block 10,
Folsom Addition and the vacated street lying between Blocks 10
and 11, Folsom Addition from a class Industrial I-1 District to a
class Residence R-3A District.
Applicant: Deborah Delaney
Proposal: Rezone an industrial lot to a high-density residential use
Background: The zoning ordinance and map that were created in conjunction with the
1966 Comprehensive Plan zoned this neighborhood for industrial I-1 uses. A few years
later, three Folsom Addition blocks abutting 1st and 2nd Avenue South were rezoned to
R-3A. Another block was rezoned to R-3A in 1974, and eventually the neighborhood
was split primarily into two districts as shown on the map in your packet.
Specifics: The parcel contains a lot and a vacated street. The total area equals 16,240
square feet. A single-family home currently exists in the northeast corner.
If rezoned, several options are possible. A single-family or two-family dwelling could be
erected on the ―vacated street‖ lot. The existing house could also be removed, and the
entire parcel could be redeveloped with an apartment. The density could be as high as
nine (9) units, but that would depend on several design issues.
The parcel is adjacent to an industrial I-1 district to the east and north, an I-2 district to
the west and an R-3A district to the south.
Recommendation: The Planning Commission voted 4 yes and 3 no to recommend
approval of the rezoning.
City Manager Recommendation
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 5, 2011
68
Ordinance No. 08-11
An Ordinance to Change the Zoning within the City of Brookings
Be It Ordained By the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows, to-wit:
Lot 3, Block 10, Folsom Addition and the vacated street lying between Blocks 10 and 11,
Folsom Addition
be and the same is hereby rezoned and reclassified from a class Industrial I-1 District to a class
Residence R-3A District
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading March 22, 2011
Second Reading and Adoption April 5, 2011
Published
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
73
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #7 – Deborah Delaney has submitted a petition to rezone Lot 3, Block 10, Folsom
Addition and the vacated street lying between Blocks 10 and 11, Folsom Addition from an
Industrial I-1 District to a Residence R-3A District.
(Fargen/Bailey) Motion to approve the rezoning. Bailey, Gregg, DeKraai, and Sydow
voted aye. Fargen, Avery, and Heuton voted no. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Delaney stated that her family lived in a residence on the land for 56 years. The
house was now uninhabitable and the plan was to raze it and build a new home. A separate
Habitat for Humanity house would also be built on an adjacent parcel.
Daryl Wheeldon, an abutting property owner, stated the current building setback was
20 feet but if the R-3A zoning was approved, the setback would increase to 50 feet for the
south side of his lot. Hanson clarified that a 50 foot landscape buffer was required whenever an
industrial district bordered a residential district. No buildings, storage or other uses could be
located in the buffer.
DeKraai asked what part of the lot was being used now. Wheeldon replied that there
was some storage on the south end of the lot.
Heuton was concerned about an R-3A district encroaching into the I-1 district. He
noted that industrial district zoning surrounded the Delaney property on three sides. Fargen
asked if Delaney had other options for building a residence on the lot. Hanson replied no.
DeKraai inquired as to the distance from Wheeldon’s shop to Delaney’s lot line.
Delaney estimated that it was a little less than 50 feet.
Fargen remarked that the direct impact to the Wheeldon property was quite substantial
if the Delaney land was rezoned.
DeKraai asked if Delaney could rebuild the existing house. Delaney replied that the
house needed so much work that it would be cheaper to build new. She also noted that a
maximum 25% expansion was all that was allowed for legal nonconforming uses.
City Council Packet
April 5, 2011
74
Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/
MANUFACTURED HOUSING.
(a) Intent. This district is intended to provide for areas of residential use with a gross density of
seven to twenty-four dwelling units per acre. This district provides for single-family, two-family,
apartments, condominiums, townhouses, fraternities, sororities, mobile homes, manufactured
homes, mobile home parks plus support facilities such as schools, parks, churches and community
and public buildings.
(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 Residence R-3A
Apartment/Mobile Homes/Manufactured Housing District.
(c) Permitted Uses.
1. Single-family dwelling including accessory uses incidental thereto such as private
garages, parking areas, etc.
2. Two-family dwelling including accessory uses incidental thereto such as private
garages, parking areas, etc.
3. Single-family zero (0') side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
8. Single mobile home/manufactured home with not less than 720 square feet of gross
floor area including accessory uses incidental thereto such as private garages, parking
areas, etc.
(d) Permitted Special Uses.
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A) and
Section 94-127(d)(R-3).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B),
excluding family day care.
3. All permitted special uses and conditions as stated in Section 94-126(d)(R-2),
excluding single family zero (0') side yard dwellings and family day care.
(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. Mobile home/manufactured housing park
7. Bed and breakfast establishment
(f) Density, Area, Yard and Height Regulations.
The R-3A district regulations shall be as follows:
City Council Packet
April 5, 2011
75
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Units 8,400 65' 20' 7' 25' 35'
SF Attached
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on n on-party wall
4 Units 14,000 105' 20' 0' or 7' 25' 35'
on non-party wall
Apts., Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other Allowed Uses 6,000 50' 20' 7'*** 25' 45'
*Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit exclusive of required
building setback areas, access drives and parking lots. Two thirds (2/3) of the landscaped area shall be located in a
continuous, single tract which contains no portions thereof which are not contiguous, adjacent and abutting to
either the entire width or entire length of said tract. 50% of the required landscaped area may be used for parking
spaces in excess of the minimum requirement. Parking lots shall be screened from single and two-family residential
uses according to Section 94-401.
**A maximum of 24 dwelling units per acre shall be allowed.
***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in height.
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing
homes or other similar group quarters where no cooking facilities are provided in individual
rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-3A 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 R-3A 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 R-3A 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 R-3A District shall be in conformance with the
regulations set forth in article II of this chapter.
City Council Packet
April 5, 2011
76
Second Readings / Public Hearings
9. Ordinance No. 06-11: An Ordinance pertaining to an application
for a Conditional Use for a Brewpub in the Business B-1 District,
East 65 feet of Lots 15 and 16, Block 14, Second Addition, also
known as 309/311 5th Street.
Applicant: Wooden Legs Brewing Company
Proposal: Establish a brewpub in the Central Business District
Background: This parcel contains a one-story building with 5,120 square feet of area.
The building was constructed in 1956 for a Legion Hall. It has also served as a restaurant
and offices. It is bounded on the east by an alley, a parking lot to the north and offices to
the west.
Specifics: The petitioner has submitted data explaining how the business will operate.
An aerial view is also available in your packet. The standards that must be addressed are
as follows:
Sec. 94-260.3 Brewpub
A brewpub shall comply with the following conditions:
- 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.
- A malt beverage manufacturer‟s license must be obtained per state law
- An alcohol beverage license must be obtained per city ordinance
- The brewery shall not produce more than 1,500 barrels of beer or ale per year.
A barrel contains thirty-one (31) gallons.
- The method and frequency of grain shipments to the site shall be provided
- The method and frequency of spent grain disposal shall be provided
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the conditional use.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 5, 2011
77
Ordinance No. 06-11
An ordinance pertaining to an application for a Conditional Use for a Brewpub in
the Business B-1 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a Brewpub on the east 65 feet of Lots 15 and 16, Block
14, Second Addition with the following conditions:
None.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 22, 2011
Second Reading: April 5, 2011
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
86
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #4 – Wooden Legs Brewing Company has submitted an application for a Conditional Use
on the east 65 feet of Lots 15 & 16, Block 14, Second Addition. The request is to establish a
brewpub in the Business B-1 District.
(Gregg/Avery) Motion to approve the Conditional Use. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Seth Koch, CEO and Brewmaster of Wooden Legs Brewing Company, summarized
his operation for the commission. He anticipated a yearly production of 350 barrels from a ½
barrel system. He would use about 280 pounds of grain per week or about 300 bushels
annually. The grain would be delivered by truck to a storage area in the rear of the building.
He would make local contacts for disposal of the spent grain.
Heuton asked if the spent grain would be stored inside. Koch replied that it would be in
sealed containers in a storage room. Fargen asked if the footprint of the building would change.
Koch replied that a variance had been obtained that would allow for an addition to be built off
the rear of the building. This would provide additional storage area.
City Council Packet
April 5, 2011
87
Second Readings / Public Hearings
10. Ordinance No. 07-11: An Ordinance pertaining to an application
for a Conditional Use for an Office in the Residence R-2 District,
Lot 3, Block 3, Hill Park Addition, also known as 1112 6th Street.
Applicant: CALA, LLC
Proposal: Convert a dwelling unit into an office
Background: The building on this lot was a boardinghouse until 1988. A special
exception was granted in April 1988, to allow for the house to be converted into a 4-
plex. Each unit contains one bedroom and is typically occupied by one tenant. There
were 11 parking spaces established for the 4-plex in 1988.
Specifics: The building has two (2) dwelling units on each floor. The office would be
located in the west unit on the main floor. The standards that pertain to an office use in
the Residence R-2 District are as follows:
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.
Parking requirements for each dwelling unit in this building are 2/unit. Parking spaces for
an office are generally one (1) space per 200 square feet for the first 1,000 square feet.
Recommendation: The Planning Commission voted 5 yes and 0 no to recommend
approval of the conditional use.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 5, 2011
88
Ordinance No. 07-11
An ordinance pertaining to an application for a Conditional Use for an Office in the
Residence R-2 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for an Office on Lot 3, Block 3, Hill Park Addition with the
following conditions:
Office to occupy apartment # 2 at 1112 6th Street
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 22, 2011
Second Reading: April 5, 2011
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
94
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #5 – CALA, LLC has submitted an application for a Conditional Use to establish an office
on Lot 3, Block 3, Hill Park Addition (1112 6th Street, Apt #2)
(Sydow/Bailey) Motion to approve the Conditional Use as presented. All present voted
aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Shawn Storhaug of Brookings Property Management, stated he wanted to operate a
rental office out of one of the apartments. He felt he would be at the location for a few years
before moving to a commercial site. The office would be open a few hours each day for him to
do reports, office work and sign leases.
Heuton asked how many rental properties were managed by the company. Storhaug
replied 70 units. Heuton felt a parking shortage could result from operating the office from this
location. He referenced the information supplied by Storhaug stating that 9 parking spaces
were available but 5 were reserved for 1114 6th Street. This left only 4 spaces for 1112 6th
Street. If the office contained 1,000 square feet, it would need 5 spaces.
Gregg asked how the request should be handled if a variance is required.
Hanson responded that the commission determines only the impact of the use on adjoining
properties and its appropriateness to the site. If a variance was needed, it would have to be
submitted to the Board of Adjustments for action.
Heuton asked how much traffic would likely be generated by the office use. Storhaug
replied that some leases are signed at houses, some are mailed and some are signed at the
office. Most leases are signed in the late afternoon or evening.
City Council Packet
April 5, 2011
95
Second Reading / Public Hearing
11. Public hearing and action on Temporary Liquor License requests
for The Shamrock for events on 4/14 (2), 4/23, 4/28 and 4/29/2011
(2).
The Shamrock has applied for a temporary liquor licenses for the following
events:
4/14 SDSU Mechanical Engineering Banquet
4/14 Soulcrate Concert
4/23 Wedding Reception
4/28 Country Dance
4/29 SDSU Alpha Psi Omega Banquet
4/29 Dustin Evans Concert
Pursuant to changes in state law, all temporary alcohol licenses must be
approved by the City Council through use of a public hearing. All
documents have been filed with the City pertaining to insurance and other
licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on April 5, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider Temporary Liquor Licenses for The
Shamrock, 1104 22nd Avenue South for 4/14 (Banquet), 4/14 (Concert),4/23 (Reception), 4/28
(Dance), 4/29 (Banquet) and 4/29/2011(Concert). NOTICE IS FURTHER GIVEN that any
person, persons of the attorney, may appear and be heard at said scheduled public hearing who
are interested in the approval or rejection of any such application. Dated at Brookings, South
Dakota, this 23rd day of March, 2011.
Shari Thornes, City Clerk
Published 1 time at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 5, 2011
96
Second Readings / Public Hearings
12. Public hearing and action on Temporary Liquor License requests
for the Swiftel Center for events on 4/30, 5/11-12, 5/13, and
5/21/2011.
The Swiftel Center has applied for a temporary liquor licenses for the
following events:
4/30 Wedding Reception
5/11-12 NAIFA Conference
5/13 Fishback Financial Celebration
5/21 Wedding Reception
Pursuant to changes in state law, all temporary alcohol licenses must be
approved by the City Council through use of a public hearing. All
documents have been filed with the City pertaining to insurance and other
licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on April 5, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider Temporary Liquor Licenses for the
Swiftel Center, 824 32nd Ave., on the following dates: 4/30, 5/11-12, 5/13, and 5/21/2011.
NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be
heard at said scheduled public hearing who are interested in the approval or rejection of any
such application. Dated at Brookings, South Dakota, this 24th day of March, 2011.
Shari Thornes, City Clerk
Published 1 time at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 5, 2011
97
Second Readings / Public Hearings
13. Public hearing and action on Resolution No. 46-11, a Resolution
authorizing Vacation of an Alley located on the west 10 feet of
the east 165 feet of the north 57.5 feet of Temple Block Addition
is hereby vacated. (Located behind the Johnson-Henry Funeral
Home.)
Applicants: Brookings Masonic Lodge #24 and the City of Brookings
Proposal: Eliminate a public alley that is no longer used.
Background: In 1940, the City bought a small piece of land from the
Masons. The land was a 10’ x 57.5’ strip that provided access to the
basement of the current Park and Recreation building. Back then, the
building was the National Guard Armory, and the basement was used for
equipment storage. Eventually, the alley, which was really a ramp down
into the basement, was abandoned and filled in.
Specifics: Vacating the alley would remove an obstacle in the
redevelopment of the block in regards to the relocation of Front Street and
replatting of the block. Additional parking and pedestrian access will be
created near this area also.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the alley vacation.
City Council Packet
April 5, 2011
98
Prepared by:
City Clerk’s Office
PO Box 270
Brookings, SD 57006
605-692-6281
Resolution No. 46-11
Alley Vacation
Whereas, a petition to vacate has been filed with the City Clerk of the City of Brookings, and
Whereas, the petition was filed in proper form and signed by one hundred percent (100%) of
the adjacent property owners.
Now, Therefore, Be It Resolved, by the City Council of the City of Brookings:
That the alley located on the west 10 feet of the east 165 feet of the north 57.5 feet of
Temple Block Addition is hereby vacated.
Passed and approved this 5th day of April, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
99
NOTICE OF HEARING
UPON PETITION TO VACATE
NOTICE IS HEREBY GIVEN That the City of Brookings and Brookings Masonic Lodge #
24 have submitted a petition to vacate the alley located on the west 10 feet of the east 165 feet
of the north 57.5 feet of Temple Block Addition.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at
6:00 PM on Tuesday, April 5, 2011 in the Council Chamber in the lower level of City Hall,
Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 18th day of March 2011.
____________________________
Dan Hanson
Planning & Zoning Administrator
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
City Council Packet
April 5, 2011
100
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #6 – Brookings Masonic Lodge #24 and the City of Brookings have submitted a petition
to vacate the alley located on the west 10 feet of the east 165 feet of the north 57.5 feet of
Temple Block Addition.
(Gregg/Avery) Motion to approve the alley vacation subject to a signed petition to
vacate by Brookings Masonic Lodge #24. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson summarized the history of how the alley was created and used. It was
abandoned many years ago and was now covered with grass. He added that he had discussed
the alley with members of the Masonic Lodge and they did not oppose the action. However,
the Lodge was not scheduled to meet until the evening of March 1, to discuss the vacation with
the members.
Fargen asked how the alley would be split if vacated. Hanson replied that each side
could get 5 feet but it remained to be determined since the City bought the land from the
Masonic Lodge in 1940. Gregg asked if access across the alley would still be permitted if it was
vacated. Hanson responded that the city could agree to a cross easement to allow future use
of city land.
City Council Packet
April 5, 2011
103
Other Business
14. Public hearing and action on Resolution No. 39-11, a Resolution
approving a Storm Water Funding Application for financial
assistance, authorizing the execution and submittal of the
application and designating an authorized representative to
certify and sign payment requests.
The Brookings City Council approved Resolution No. 97-09 and Resolution No. 16-11,
approving the State Water Plan Application to fund the first three prioritized storm
water projects. After Resolution No. 16-11 was adopted, the South Dakota
Department of Natural Resources (SD DENR) approved placing Storm Water Project
No. 3, 15th Street South and 7th Avenue South Detention Pond (Pheasant Nest Addition)
on the State Water Plan, which is the first step in the funding process.
Pursuant to the adoption of the Storm Drainage Master Plan, the City Council approved
a financing plan which included, in part, loans from the State Department of
Environment and Natural Resources (DENR) through their Revolving Loan Program
(RLF) to fund drainage improvement projects. This is the same program whereby a loan
was secured for some of the utility work at the Innovation Campus. This application is
strictly for the implementation of the third prioritized drainage project in the City’s
Storm Drainage Master Plan (the first two were started in 2010). The City will make
separate, subsequent applications for subsequent projects. As part of the application, the
City is required to hold a public hearing on the loan application and the attached
resolution is a requirement as part of the process and contains pertinent information
that we need to discuss at the public hearing followed by approval of the attached
resolution. The notice of the public hearing was published in the local newspaper as
required by the SD DENR.
The following items will be discussed during the public hearing:
The need for the project:
Storm Water Project No. 3, 15th Street South and 7th Avenue South Detention Pond
(Pheasant Nest Addition) was identified in the Storm Water Master Plan to regulate
peak stormwater flowrates and reduce sediment loads entering the downstream
waterways in the City of Brookings.
The following alternatives were evaluated:
Two alternatives were evaluated with cost estimates:
1. The first alternative was to install the two-stage detention pond with the
required drainage structures.
2. The second alternative was to replace the existing storm drainage channel with a
higher capacity channel from the project area southward to the City Limits. In
addition to City drainage channel improvements, Brookings County would also
City Council Packet
April 5, 2011
104
be required to upgrade the channel south of the City all the way to the Big Sioux
River.
The cost of these alternatives was estimated to be:
OPTION 1 OPTION 2
Engineering, Testing, and Project Management $62,152.00 $207,000.00
Construction (see Appendix E) $351,155.00 $2,074,283.00
Contingency (see note 1) $70,251.00 $415,000.00
Total $483,538.00 $2,696,283.00
Other alternatives were analyzed, which were a no action alternative, drainage rerouting
alternative and residential displacement alternative. These alternatives were not as
desirable and were eliminated. Option 1 was chosen as the most feasible and
economical alternative.
The proposed financing for the project and amount of SRF loan expected to be
borrowed:
This project will involve borrowing approximately $484,000 from the Clean Water
State Revolving Fund Program for the design and construction of the project.
The interest rate and term of the loan:
The loan will be at an interest rate of 3.0% for a term of 20 years. The loan payment
will be made with the payments from the drainage fees.
The affect of the proposed financing on user rates:
The proposal is not anticipated to require drainage fee rates to be increased.
After public comment, the approval of this resolution will authorize the City Manager to
submit the application for SRF loan funding.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 5, 2011
105
Resolution No. 39-11
Resolution Approving a Storm Water Funding Application
for Financial Assistance, Authorizing the Execution and Submittal of the
Application and Designating an Authorized Representative to Certify and Sign
Payment Requests
Whereas, the City of Brookings (the ―City‖) has determined it is necessary to proceed with
improvements to its Storm Sewer System, including but not limited to the 15th Street South and
7th Avenue South (Detention Pond) (the ―Project‖); and
Whereas, the City has determined that financial assistance will be necessary to undertake the
Project and an application for financial assistance to the South Dakota Board of Water and
Natural Resources (the ―Board‖) has been prepared; and
Whereas, the City has reviewed the Application to be submitted to the Board, true copies of
which are attached hereto, and finds it proper in all respects; and
Whereas, it is necessary to designate an authorized representative to execute and submit the
Application on behalf of the City and to certify and sign payment requests in the event financial
assistance is awarded for the Project,
Now Therefore Be It Resolved by the City as follows:
1. The City hereby approves an Application for financial assistance to the South Dakota
Board of Water and Natural Resources for the Project as set forth with particularity in the
Application attached hereto, which Application is hereby approved.
2. The City Manager is hereby authorized to execute the Application and submit it to
the South Dakota Board of Water and Natural Resources, and to execute and deliver such
other documents and perform all acts necessary to effectuate the Application for financial
assistance submitted to the Board in accordance with all terms herein set forth.
3. The City Manager is hereby designated as the authorized representative of the City
to do all things on its behalf to certify and sign payment requests in the event financial
assistance is awarded for the Project.
Adopted and approved at Brookings, South Dakota, this 5th day of April, 2011.
CITY OF BROOKINGS
___________________________
ATTEST: Tim Reed, Mayor
______________________________
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
106
Other Business
15. Request to modify parking for bike lanes.
Action: Informational
TO: Jeff Weldon, City Manager and City Councilors
FROM: Jackie Lanning, PE, City Engineer
RE: Discussion on SDSU Bike Lane resolution No. 10-30-R
DATE: March 29, 2011
The SDSU Student Senate presented Resolution 10-30-R to the City Council for discussion.
The resolution was handed out by the SDSU Student Association representatives at the March
22, 2011 City Council meeting, which also included a map highlighting certain streets. The
following information is provided for the discussion regarding the SDSU Bike Routes.
Maps:
Two additional maps are included with this memo:
A map that was emailed to City staff which accompanied the emailed Resolution No. 10-
30-R. This map is the original Phase I map regarding the SDSU Bike Route proposal
A map of the implemented SDSU Bike Route plan
Meeting History:
The City began studying the SDSU Bike Route proposal in 2009. The Traffic Safety Committee
and City Council studied the proposal and the following is a timeline of the mailings and public
discussions:
April 8, 2009:
The Engineering Department mailed notices to all property owners along the proposed SDSU
Bike Lane Route and one-way street routes.
April 17, 2009:
Traffic Safety Committee: The Traffic Safety committee discussed the SDSU Bike Lane Route
and two sharrows (one each direction) were approved on the following streets: Medary
Avenue from 11th Street to 8th Street, 8th Street from 3rd Avenue to Medary Avenue, 3rd Avenue
from 11th Street to 8th Street, and 11th Street from 3rd Avenue to Medary Avenue. The
committee discussed removal of parking on both sides of 12th and 13th Avenues from 6th Street
to 8th Street and recommended to the City Council that parking be removed from both sides of
these streets.
April 28, 2009:
Brookings City Council: The Brookings City Council discussed the SDSU Bike Lane Route
proposal with an update and Public Hearing on the SDSU Bike Route and One-way Street Plan
with the following excerpt from the Council minutes:
City Council Packet
April 5, 2011
107
Jackie Lanning, City Engineer, reviewed the Traffic Safety Committee‟s recommendations on the
proposed bike route options, which in summary was to continue to allow parking on the effected streets
and utilize sharrow lanes. On the one-way issue, the Committee recommended removing parking but to
keep the traffic two-way. They did discuss removing parking during certain hours of the day. She has
received several calls from citizens expressing concern about losing parking.
Deputy Mayor Reed opened discussion for public testimony on a street-by-street basis.
The following clarifications were made by Lanning: In the 12th and 13th Avenue area, the street is not
too narrow for sharrows. It is too narrow for an exclusive lane. Parking is only on one side of the street
and the proposal is to continue with parking on one side and the sharrow lane on the other side. There
are no other one-way streets in town other than downtown alleys. Typically a one-way is used to carry
traffic down a collector street. Twelfth Avenue at the University is permanently closed.
8th Street. Shirley Nelson, 910 8th Street, was not against the bike trail but was concerned
about property values in the area and parking for guests and service vehicles to her house.
3rd Avenue: Paul Moriarty felt the parking should be retained as recommended by the City
Engineer. Chris Daugaard, Student Senate, noted that this was the one street that was wide enough
that would not be affected by a shared lane and parking would not be impacted. Paul Moriarty also
suggested the trail connect to Sexauer Park.
11th Street: Scott Pederson, 1035 Circle Drive, felt that the corner where 11th Street abuts
Medary Avenue is dangerous. M.K. Hugghins noted where parking is located in the area. Paul Moriarty
was in favor of keeping parking the same.
Medary Avenue: Paul Moriarty said the Art Museum needs adjacent parking for elderly patrons.
12th & 13th Avenue from 6th Street to 8th Street: Brad Bonde owns a house on the corner of
12th Avenue and 6th Street with no alley access. He is in favor of one way but is concerned about
taking away parking because their lot doesn‟t have alley access. Also, any parking removed near the
university is a concern, so he would like to see the parking retained.
Paul Rupp, 610 12th Avenue, has a single car driveway and no alley access and expressed
concern about losing parking and the one-way proposal.
Cliff Chandler, 617 12th Avenue, thinks bike lanes are wonderful and also thinks the one-way
with no parking is a good idea, because his driveway is often blocked by cars. He suggested no parking
from 7 am to 4 pm and open on weekends and evenings.
Johnny Nelson, 625 12th Avenue, was opposed to the one-way traffic. He has lived there many
years and the biggest problem is parking with blocked driveways and was in favor of eliminating
parking. He is concerned that one-way traffic would result in increased alley traffic and cars already go
through the alleys too fast. He‟d prefer two-way traffic and no parking or limited time parking. He
suggested the University students that live along that area have stickers that designates that it‟s okay
for them to park there.
Council Member Bezdichek noted that Lead and Deadwood issue parking permits to residents
and they can also obtain visitor permits when guests park in front of their house.
Public hearing closed.
A motion was made by Bartley, seconded by Brunner, to approve the area from Medary to 8th
Street and 3rd Avenue to 11th Street as recommended by the Traffic Safety Committee, which is to
retain all parking as currently provided and designate a „sharrow‟ bike lane. All present voted yes;
motion carried.
A motion was made by Bartley, seconded by McClemans, to table action on the 12th and 13th
Avenue proposal for one-way traffic and removing parking for further staff research. All present voted
yes; motion carried.
City Council Packet
April 5, 2011
108
May 7, 2009:
The Engineering Department mailed notices to all property owners along the Safe Routes to
School route invited them to the May 14, 2009 Traffic Safety Meeting and the May 26, 2009
City Council Meeting for public input. All property owners were mailed a map of the proposed
route.
May 14, 2009:
The Traffic Safety Committee discussed the Safe Routes to School (SRTS) proposal with
parking removal on a number of streets and there was public input and discussion. No action
was taken.
May 26, 2009:
The Brookings City Council discussed the Safe Routes to School proposal with the following
excerpt from the Council minutes:
Public Hearing. Gary Foos, 1032 15th Street South, objected to leaving parking in place and
crowding the path into the center of the street. He was willing to support parking on the south side of
15th Avenue between Medary and the school. He suggested another opportunity may be on the north
side of 15th Avenue. There‟s no development and he suggested contacting land owners about running a
bike path the entire way and also have a sidewalk.
Dan Tupa, 1302 17th Avenue South, asked if sidewalks could be widened for a wider bike
path on the east side of 17th rather than remove parking. Staff clarified that 4 foot wide sidewalks are
required in the development projects.
Dave Karolczak, 930 17th Avenue South, would prefer not to lose parking on the east side and
is in favor of an eight foot wide sidewalk for that side of the street where there‟s only two driveways.
Jason Owens, 1106 3rd Street, has spoken with five regular adult bikers and all have experience with
the danger of not being seen on a sidewalk. With the right education and signage, there is room for
bikers on the street as well. He is happy to see proposals are dealing with areas without many
driveways or crossings. As a biker, he feels safe on streets and trails, but not on sidewalks. Cars turning
tend not to see bikers.
Public hearing closed.
Council Discussion: The Council did not make a motion to approve. There was concern that the
Traffic Safety Committee had not voted to provide its recommendations. As for timing, the project
needs to occur in this calendar year. The city must initiate the project within nine months from notice to
proceed, which was February 2009, making the deadline November. Then the City has two years to
spend the funds. With this project the infrastructure items are striping. Additional legal notice steps are
also involved including notices to the utility company within the right-of-way and submissions to the state
60 days before bidding the project. In order to begin construction this year, September would be the
earliest. The definition of “starting the project” is unclear. The school has ordered some of the
equipment, which might qualify as starting the project. Staff requires a road by road recommendation
from the Council in order to proceed. The Council‟s biggest concern was congestion on 17th Avenue
South. The City Manager and staff were directed to obtain the Traffic Safety Committee‟s
recommendations and bring this item back for Council discussion and possible action at the June 23rd
meeting.
City Council Packet
April 5, 2011
109
June 11, 2009:
Traffic Safety Committee: The Traffic Safety Committee held a public hearing and discussed the
SRTS proposal and approved recommending to the City Council the following: removal of
parking from the south side of the street and stripe bike lanes on 12th Street South from Main
Avenue South to 7th Avenue South, a sharrow lane on 7th Ave. S. from 8th St. S. to 12th St. S.,
Christine Ave. from 8th St. S. to 15th St. S., 15th St. S. from Main Ave. S. to 17th Ave. S., 12th St. S.
from 17th Ave. S. to 22nd Ave. S., 17th Ave. S. from 8th St. S. to 15th St. S., and 20th St. S. from
Main Ave. S. to 7th Ave. S.
June 23, 2009:
The Brookings City Council held a Public Hearing on the Safe Routes to School proposal with
the following excerpt from the Council minutes:
Safe Routes to Schools – Phase One. A public hearing (continued from 5/26) was held on Phase
One (1) of the Safe Routes to School Project including review of Traffic Safety Committee‟s
recommendations. A motion was made by Bartley, seconded by McClemans, to approve the following:
1) 12th Street South from Main Avenue South to 7th Avenue South: remove parking from the south
side of the street (there is currently no parking on the north side) and install signage and stenciling for a
sharrow lane; 2) 7th Avenue South from 8th Street South to 12th Street South: keep parking as it is
and install signage and stenciling for a “sharrow” lane; 3) Christine Avenue from 8th Street South: keep
parking as it is and install signage and stenciling for a “sharrow lane”; 4) 15th Steet South from Main
Avenue South to 17th Avenue South: keep parking as it is and install signage and stenciling for a
“sharrow lane”; 5) 12th Street South from 17th Avenue South to 22nd Avenue South: keep parking as
it is and install signage and stenciling for a “sharrow lane”; 6) 17th Avenue South from 8th Street South
to 15th Street South: keep parking as it is and install signage and stenciling for a “sharrow lane”; and
7) 20th Street South from Main Avenue South to 7th Avenue South: keep the striping as it is and install
signage and stenciling for a “sharrow lane”.
Public Hearing. Delvin DeBoer, 914 17th Ave. So., expressed concern about middle school
children utilizing a sharrow lane on this very busy street. He noted that traffic patrols are present, but
there are times when speed limits are exceeded. The intersection at 17th Ave. and 8th St. South can be
dangerous. He had concerns about encouraging bike traffic along that street and he‟d rather encourage
the City acquiring more sidewalk by church to enable bikes to pass.
Jerry Visser, 1510 Pine Ridge Road, asked how the city would address crossing Main Avenue.
Staff responded that within the designated routes there are intersection enhancements (signage,
striping, raised crosswalks, adjust timers). The intersection at 12th St. South and Main Avenue South is
designated for enhancements. Staff is currently working through the design to determine the best way
to address needs of those particular intersections. He noted that he supports the Safe Routes to School
program.
Council Discussion. Whaley noted the following corrections and/or questions: 15th Street South
is not a full street and it should be Medary, was 20th was included in phase 1 or 2, and 20th was
voted to keep as it is now and not change to a 2-lane. She further noted that the bike route travels
down Medary Avenue South and 15th Street South and the trail goes past almost to Yorktown Drive.
She asked what it would take to extend the path to Yorktown Drive off of 15th Street South? There‟s
no other through streets. Staff responded that a bike trail extension would require separate funding.
This is a great opportunity to establish patterns before habits are established and staff is looking for a
direct route to bring students to Camelot and the Middle School. Parking will not be allowed along 15th.
Sharrows on the direct route could be done with education. The City also anticipates the traffic patterns
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will change when the new school opens and some intersections may warrant signs. On the question
raised about acquiring and widening sidewalk, staff is investigating but has not received a respond if
funds could be used if the change of scope was modified to transfer funds not used for striping to be
used instead for the expansion of sidewalk or bike path.
McClemans asked when the 15th Street South and 7th Avenue South area was scheduled for
completion. Staff responded that the asphalt hasn‟t been laid and because it‟s not an established road
yet they hope it will help to create good habits on speeds and parking. McClemans asked if property
owners had turned in petitions to have the street paved. Staff noted that the city didn‟t currently have
the right-of-way for the streets, but it is in the future plans for a street extension. He questioned if there
was a timeline for responding to the petitions. The City Attorney commented that the petitions didn‟t
carry any legal authority; it was just a way to communicate a desire to the city. McClemans asked how
this will move forward. Weldon said it would be a Council decision on whether to put in a public
improvement and how to finance it.
Kubal said one recommendation he didn‟t agree with was that it appears a 4-way stop is a
foregone conclusion for the 12th Street South to 7th Avenue South intersection. Staff said it may in the
future, but that intersection doesn‟t current meet warrants. He asked if the 4-way designation could be
made for certain times of the day. Staff said current rules require full-time signage.
On the motion; all present voted yes; motion carried.
Bike Route Implementation Schedule:
August –December 2009: Materials for the SDSU Bike Route were purchased:
Sign Poles: $219.40
Signs and Stencil: $2,568.44
Paint: $796.60
Total cost: $3,584.44
The Brookings Street Department staff installed the signs in 2009 and the City paid for the
labor costs.
April – August, 2010: SDSU Staff painted the stencils on the routes and SDSU paid for the
labor costs. The Safe Routes to School improvements were purchased and installed under a
separate budget.
SharrowSharrowRide on 7' SidewalkSharrowNo LaneDesignationSharrowS:\City Engrs\AUTOCAD\MAPS\Pavement WidthsSharrowSharrowLEGEND:Sharrow = Stencil & Signage (No Striping)Blue Line = SDSU Route on Res 10-30-RSharrow
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April 5, 2011
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Resolution 10-30-R
Sponsors:
1. Mark Hayes – At-Large 2. Logan DeBoer – Engineering
3. Anthony Sutton – Finance Chair
Title of Resolution: Bike Lanes
WHEREAS Since 2008 the Students’ Association has asked the City Council to study and
implement bike lanes throughout the city, and
WHEREAS the Students’ Association asked the City Council in October of 2010 for a bike
lane plan by January 1st 2011, and
WHEREAS many students live throughout town and ride bikes to and from campus, and
WHEREAS ―Share the Road‖ signs have been posted and proven ineffective because parking
has not been eliminated in those areas, and
WHEREAS the Ad Hoc Parking Committee has expressed concern with parking on city
streets close to campus, and
WHEREAS classes end on April 29th and students have a right to attend public hearings,
therefore
BE IT RESOLVED that SDSU Students’ Association requests that the City Council hold
public hearings on bike lanes by April 1st and start implementation of bike lanes by May 1st.
Pass ______ Fail ______ (Date: / / )
Roll Call: Aye ______ Nay ______ (Date: / / )
Chairperson Signature ________________________________
* If passed attach roll call vote record to this document.
City Council Packet
April 5, 2011
115
Other Business
16. Preliminary action on Gateway Entry Project concept.
To: Mayor and City Council Members
Jeff Weldon, City Manager
From: Mike Struck, Community Development Director
Re: Gateway Project
The City of Brookings and SDSU are often times a first real point of
contact for literally thousands of visitors, prospective students and
businesses each year. The image we send creates lasting impressions that
either benefit or detract from our efforts to build a high quality,
economically sound community and state. The Gateway Project is a
public/private partnership focused on creating and enhancing that
memorable introduction to Brookings and South Dakota State University.
The project envisions softening the hardscape from Interstate 29 to 20th
Avenue with the installation of landscaping, decorative light fixtures, and
signage and pedestrian improvements. Updated signage along the interstate
is proposed as part of the overall signage improvements. The branding
image has been incorporated into the signage improvements as appropriate.
The first phase of the concept implementation would be the improvements
from 22nd Avenue to 20th Avenue. The grand memorable statement is
planned at the intersection of 22nd Avenue and 6th Street with a tapering
effect to 20th Avenue. The concept includes monument style signs,
pedestrian walkways, street lights, pedestrian lights, light pole
advertisement banners/way finding, and landscape plantings. Monument
style signs are proposed at the intersection of 22nd Avenue and 6th Street.
The signs will complement one another in terms of size and material and
will provide a welcoming point to the City of Brookings and SDSU. The
street light improvements proposed help soften the visual hardscape while
enhancing way finding and promotional events through the use of banners.
DOT participation in replacing the light poles is not anticipated as the
existing light poles were replaced with the 2006 reconstruction and have a
30 year life span. However, the poles could be utilized on future street
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April 5, 2011
116
improvements such as Main Avenue South or West 20th Street.
Construction of the first phase is planned for 2011.
The second phase of the concept envisions improvements from Interstate
29 to 22nd Avenue. Discussion along this section of the project with DOT
have been favorable to the concept, however, this section of 6th Street is
slated for reconstruction in 2014. DOT has not begun engineering design
and many unknowns exist. As the majority of this project exists within
DOT right-of-way, we will need approval for any improvements. The
benefit of discussing the project with DOT is DOT’s ability to incorporate
the conceptual design elements into their final reconstruction design. It is
possible cost sharing of the lighting improvements may be available;
however, the landscaping features would be the responsibility of the city.
Construction of the second phase is planned for 2014 in conjunction with
the 6th Street reconstruction, pending any changes in design schedule and
financing.
Discussions continue on cost sharing/financing options between public and
private entities. Conceptual drawings have been prepared for your review.
Additional monument signs have been conceptualized to continue the way
finding theme throughout the community.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
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April 5, 2011
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Other Business
17. Action on Resolution No. 47-11, a public request for position on
SDSU Northwest Quadrant.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Resolution submitted to the City in opposition to the
Northwest Quadrant project
The City has received a draft resolution from developers in the community
requesting the Council’s adoption of said resolution in opposition to the
Northwest Quadrant project.
Resolution No. 47-11
Resolution pertaining to the SDSU Northwest Quadrant Project
Whereas, the City of Brookings encourage the South Dakota Board of Regents, as they review
and oversee the activities of South Dakota colleges and universities, to work with the university
system to avoid unwarranted expansion into activities that compete with the private enterprise,
business commerce, and economic development efforts of South Dakota’s communities; and
Whereas, the City of Brookings encourage the Board of Regents to be mindful of the potential
property tax revenue losses, so critical to support our K-12 schools, as well as local
governance revenue needs, that these intrusions represent and to override any expansions into
these areas that have not had significant local review/input and do not finally carry broad local
and non-institutional support.
Now, Therefore, Be It Resolved that the City of Brookings opposes the SDSU Northwest
Quadrant Project due to the potential effects it would have on the Brookings Community.
Passed and approved this 5th day of April, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
April 5, 2011
130
Other Business
18. Action on Resolution No. 43-11, Consent Agenda Policy.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Resolution determining agenda status of change orders
At the previous council meeting, you directed me to develop a resolution
which clarifies the usage of consent agendas for executing change orders to
contracts. We have previously had policies where change orders are
placed on either the consent or regular agendas.
This resolution determines change orders which add to the contract in the
amount of $5,000 or more would be placed on the Regular Agenda, while
change orders which adjust the number of contract days, or involve a
deduction or an addition, not to exceed $5,000, would be on the Consent
Agenda.
City Council Packet
April 5, 2011
131
Resolution No. 43-11
A Resolution Determining whether Contract Change Orders shall be considered
on the Consent or Regular Agenda for City Council Meetings
Whereas, City Council agendas are developed to expedite the efficient and effective
consideration of items of business for consideration by the governing body, and
Whereas, the Consent Agenda is a mechanism intended to expedite the transaction of such
items of business considered to be routine where multiple items can be considered in a single
motion, and
Whereas, change orders to contracts require City Council approval and, depending upon their
specifics, may be considered either routine or non-routine; constituting a placement on either
the Consent or Regular agenda; and
Whereas, it is desirable to have consistency in addressing the issue of executing contract
change orders.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings that contractual
change orders that adjust the number of days to the contract period, result in a decrease to
the dollar amount of the contract, result in an increase in the contract in an amount less than
$5,000 be placed on the Consent Agenda. Change orders in excess of $5,000 shall be placed
on the Regular Agenda.
Adopted and approved this 5th day of April, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
April 5, 2011
132
Other Business
19. Summary of the 2010 Phase II Storm Water Management
Program.
The Clean Water Act was created under the Environmental Protection Agency (EPA) in
1972, and in 1987, the National Pollution Discharge Elimination System was created
along with the Nonpoint Source Program. The goal of these regulations was to improve
water quality, and the following were identified as pollution sources:
Urban storm water runoff
Agricultural runoff
Construction site runoff
Industrial site runoff
All small Municipal Separate Storm Sewer Systems (MS4s) are required to develop and
implement a Storm Water Management Program. This program is intended to improve
surface water quality by reducing the quantity of pollutants that storm water picks up
and carries into storm sewer systems during storm events. The City of Brookings is
regulated under the EPA Phase II Storm Water Rules and Regulations, which became
effective March 10, 2003. EPA guidelines require the following six (6) areas be addressed
with the City’s Storm Water Management Program:
1. Public education and outreach;
2. Public participation/involvement;
3. Illicit discharge detection and elimination;
4. Construction site storm water runoff control;
5. Post-construction storm water management; and,
6. Pollution prevention/good housekeeping for municipal operations.
City Engineer Jackie Lanning will give the Brookings City Council a brief overview on the
2010 Annual Report for the Brookings Storm Water Management Program.
Action: Informational
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April 5, 2011
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Other Business
20. Action on City of Brookings 2011 Strategic Plan.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Adoption of 2011 Strategic Plan
During our strategic planning session, the City Council concluded the following items
should constitute the 2011 Strategic Plan. Formal adoption of the plan was deliberately
not undertaken at the session so it needs official approval.
Tier #1
A) Code enforcement, rental housing registration and compliance
B) Improvements of the Campus-Community relationship with SDSU
C) Coordination of economic development initiatives and economic development
workplan
D) Health care model; relationships of BHS and other health care provider
E) Continued operation of Brookings Municipal Liquor Store
F) Acquisition of Department of Transportation excess property (Hwy 14/I-29)
G) Re-examination of role of business in local government
Tier #2 (construction projects)
A) Airport Layout Plan
B) Construction of City/County Government Building
C) Remodel planning of City Hall for Police Department
D) Sixth Street (Highway 14) Gateway entrance features
E) Update of 2020 comprehensive plan
F) Public awareness campaign for public safety
Tier #3
A) Continued lobbying/planning for 34th Ave./20th St. Improvement Project
B) Continued brand implementation
C) Analysis of Swiftel Center space needs
D) Usage analysis of baseball/softball facilities
E) Staff succession planning
F) Funding of PAC II request
G) Infrastructure expansion, So. Main Ave. and 20th St.
H) Infrastructure expansion, 25th Ave.
I) South Fire Station planning
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
April 5, 2011
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21. Adjourn.