HomeMy WebLinkAbout2010_05_11 CC PKTCity Council Packet
May 11, 2010
1
Brookings City Council
Tuesday, May 11, 2010
City Hall Council Chambers
311 Third Avenue
5:00 p.m. – Work Session
6:00 p.m. – Regular Meeting
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.
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. Oath of Office and Presentation of Certificate of Election to Council Members Jael
Thorpe and Keith Corbett.
2. Hospital Governance.
3. City Council Member Ex-Officio Reports
4. City Council member introduction of topics for future discussion *
5. 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. Approval of minutes.
C. Action on Brookings Health Systems Board of Trustees Appointment.
D. Action on Planning Commission Appointment.
E. Action on Historic Preservation Commission Appointment.
F. Action on Transportation Board Appointments.
G. Action to approve a request from Robert & Lisa Buchholz to abate a portion of
2008 Real Estate Taxes in the amount of $511.36 from for a mobile home destroyed
by fire, Western Estates #703.
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.
Presentations, Special Requests/Invites & Reports:
5. Open Forum.
6. SDSU Student Senate Report.
City Council Packet
May 11, 2010
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7. Presentation of Mayor’s Awards for Historic Preservation
Contract Awards/Change Orders:
8. Action to authorize the Mayor to sign the contract with Bossardt Corporation, the
Construction Manager for the Brookings City/County Administration Building Project.
City Manager Introduction
Motion to approve – Request Public Comment - Roll Call
9. Action to approve the purchase for replacement of Fire Engine #5 off of the December
2009 City of Brookings Bid from Toyne, Inc. for $430,182.00.
City Manager Introduction
Motion to approve – Request Public Comment - Roll Call
Ordinance First Readings**:
10. Ordinance No. 19-10: An Ordinance Amending Chapter 82 of the Code of Ordinances
of the City of Brookings and Pertaining to Stopping, Standing, and Parking of Vehicles on
the Street.
Public Hearing: May 25th
11. Ordinance No. 20-10: An Ordinance Amending Chapter 22 of the Code of Ordinances
of the City of Brookings Pertaining to Moving a Building.
Public Hearing: May 25th
** 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
12. Public hearing and action on a house moving request from James and Diane Olson to
move a ranch-style house from Carlson Homes in Watertown, SD to the property
described as Lot 3, Block 4, Bluegill Addition, also known as 2237 17th Avenue South.
City Manager Introduction, Open & Close Public Hearing, Motion to Approve, Roll Call
13. Ordinance No. 17-10: an Ordinance Amending Section 58-165 of the Code of
Ordinances of the City of Brookings, South Dakota and pertaining to Loud and Raucous
Noise in the City of Brookings, South Dakota.
City Manager Introduction, Open & Close Public Hearing, Motion to Approve, Roll Call
14. Ordinance No. 18-10: an Ordinance pertaining to an Application for a Conditional Use
for a Contractors Shop and Storage Yard in the Business B-3 District, Lot 10, Block 4,
Folsom Addition, also known as 147 3rd Avenue South.
City Manager Introduction, Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Action to an agreement renewal between the City of Brookings and Brookings
Chamber for Chamber Activities and Visitor Promotion.
City Manager Introduction, Motion to Approve, Request Public Comment, Roll Call
16. Draft Storm Water Ordinance.
Informational
17. Adjourn.
City Council Packet
May 11, 2010
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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, and 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
May 11, 2010
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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. Oath of Office and Presentation of Certificate of Election to
Council Members Jael Thorpe and Keith Corbett.
Mayor Reed will present Jael Thorpe with the Certificate of Election and Jael
Thorpe will read the following Oath of Office and be sworn in as City Council
Member.
Brookings City Council
Oath of Office
I, Jael Thorpe, having been elected to the office of City Council Member within and for the City of
Brookings, Brookings County, South Dakota, do solemnly swear that I will support the Constitution of
the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of
my office, and that I am not under direct or indirect obligation to appoint or elect any person to any
office, position, or employment under the government of the City of Brookings.
Jael Thorpe
Subscribed and sworn to before me this eleventh day of May 2010.
Tim Reed, Mayor
Mayor Reed will present Keith Corbett with the Certificate of Election and
Keith Corbett will read the following Oath of Office and be sworn in as City
Council Member.
Brookings City Council
Oath of Office
I, Keith Corbett, having been elected to the office of City Council Member within and for the City of
Brookings, Brookings County, South Dakota, do solemnly swear that I will support the Constitution of
the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of
my office, and that I am not under direct or indirect obligation to appoint or elect any person to any
office, position, or employment under the government of the City of Brookings.
Keith Corbett
Subscribed and sworn to before me this eleventh day of May 2010.
Tim Reed, Mayor
Estimate Time: 10 Minutes
City Council Packet
May 11, 2010
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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. Hospital Governance.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Policy discussion on Strategic Plan, Tier 3, Issue #1
Hospital governance and community health care issues
Upon adopting the 2010 Strategic Plan, we developed a list of eight policy items needing
additional discussion. We segmented them into a category of the Strategic Plan labeled
Tier 3. The Council then prioritized these eight items and decided to use the work
session format as a means of having public policy discussions about each item.
The attachment suggests three discussion questions as considerations to initiate your
dialogue about Issue #1.
Estimate Time: 45 Minutes
City Council Packet
May 11, 2010
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2010 Strategic Plan: Tier 3 Policy Development Issue #1
Hospital governance and community health care alignment issues
Discussion Question:
Does the current governance model with the City of Brookings and its health care provider,
Brookings Health System, optimally serve the community and is it well-postured to meet the
changing needs of health care in the future?
Discussion Question:
What specific medical services are needed, and can be expected to be reasonably provided, in
Brookings to service a local market area with a projected population of 20,000 to 30,000
residents so these services are not referred to Sioux Falls? Who is in the best position to
provide those services at the highest possible quality level? How will those services be
provided?
Discussion Question:
Who is in the best position to provide long-term care services through a continuum of care for
seniors if Brookings is to be known as an attractive place to live/retire for active senior adults?
What service delivery model(s) can best provide that?
City Council Packet
May 11, 2010
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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 and Utility Board will
provide verbal reports regarding recent meetings they have attended.
Utility Board: Council Members Bezdichek and Kubal
Health Systems Board: Council Member Thorpe
City Council Packet
May 11, 2010
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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. 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 starting the issue,
requested outcome, and time. A majority vote is required.
City Council Packet
May 11, 2010
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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. Council Invites & Obligations.
Date
Day
Event &
Brief Description
Time
Location
Town
Address
Directions
May 11 Tuesday Council Meeting 5:00 p.m. Council Chambers
May 25 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 8 Tuesday Photos of Council 4:00 p.m. Council Chambers
June 8 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 30 Wednesday Governor’s Ag Development
Summit Sioux Falls Convention
Center
Sept. 23-25 Thursday –
Saturday
NLC 18th Annual Leadership
Summit “Leading the Charge
in Local Government”
Philadelphia, Pennsylvania
Nov. 29 –
Dec. 4
Monday –
Saturday NLC-Congress of Cities
Denver, CO
City Council Packet
May 11, 2010
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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. Approval of minutes.
C. Action on Brookings Health Systems Board of Trustees Appointment.
D. Action on Planning Commission Appointment.
E. Action on Historic Preservation Commission Appointment.
F. Action on Transportation Board Appointments.
G. Action to approve a request from Robert & Lisa Buchholz to abate a portion of 2008 Real Estate
Taxes in the amount of $511.36 from for a mobile home destroyed by fire, Western Estates #703.
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports
5. Open Forum.
6. SDSU Student Senate Report.
7. Mayor’s Awards for Historic Preservation.
Contract Awards/Change Orders
8. Action to authorize the Mayor to sign the contract with Bossardt Corporation, the Construction Manager
for the Brookings City/County Administration Building Project.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
9. Action to approve the purchase for replacement of Fire Engine #5 off of the December 2009 City of
Brookings Bid from Toyne, Inc. for $430,182.00.
City Manager Introduction, Motion to Approve, Request Public Comment, Roll Call
Ordinance First Readings**
10. Ordinance No. 19-10: An Ordinance Amending Chapter 82 of the Code of Ordinances of the City of
Brookings and Pertaining to Stopping, Standing, and Parking of Vehicles on the Street.
Public Hearing: May 25th
11. Ordinance No. 20-10: An Ordinance Amending Chapter 22 of the Code of Ordinances of the City of
Brookings Pertaining to Moving a Building.
Public Hearing: May 25th
Second Readings/Public Hearings
12. Public hearing and action on a house moving request from James and Diane Olson to move a ranch-style
house from Carlson Homes in Watertown, SD to the property described as Lot 3, Block 4, Bluegill
Addition, also known as 2237 17th Avenue South.
City Manager Introduction, Open & Close Public Hearing, Motion to Approve, Roll Call
13. Ordinance No. 17-10: an Ordinance Amending Section 58-165 of the Code of Ordinances of the City of
Brookings, South Dakota and pertaining to Loud and Raucous Noise in the City of Brookings, South
Dakota.
City Manager Introduction, Open & Close Public Hearing, Motion to Approve, Roll Call
14. Ordinance No. 18-10: an Ordinance pertaining to an Application for a Conditional Use for a Contractors
Shop and Storage Yard in the Business B-3 District, Lot 10, Block 4, Folsom Addition, also known as 147
3rd Avenue South.
City Manager Introduction, Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
15. Action to an agreement renewal between the City of Brookings and Brookings Chamber for Chamber
Activities and Visitor Promotion.
City Manager Introduction, Motion to Approve, Request Public Comment, Roll Call
16. Draft Storm Water Ordinance.
Informational
17. Adjourn.
City Council Packet
May 11, 2010
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action on Brookings Health Systems Board of Trustees
Appointment.
D. Action on Planning Commission Appointment.
E. Action on Historic Preservation Commission Appointment.
F. Action on Transportation Board Appointments.
G. Action to approve a request from Robert & Lisa Buchholz to
abate a portion of 2008 Real Estate Taxes in the amount of
$511.36 from for a mobile home destroyed by fire, Western
Estates #703.
*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 Manager Recommendation: Approve
City Council Packet
May 11, 2010
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CONSENT AGENDA #4
B. Approval of City Council Meeting minutes.
The draft April 27th Brookings City Council minutes are enclosed for Council review
and approval.
City Council Packet
May 11, 2010
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Brookings City Council
April 27, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, April 27, 2010 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Julie Whaley, John
Kubal, Mike Bartley, Jael Thorpe, Mike McClemans, and Tom Bezdichek. City Manager Jeff
Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Storm Water Phase II Regulations. Jackie Lanning, City Engineer, and Al Spangler, Natural
Resources Project Engineer from the Surface Water Quality Department of the South Dakota
Department of Natural Resources (SDDENR) in Pierre, gave a presentation regarding Storm
Water Phase II regulations.
South Dakota Retirement System Board of Trustees Nomination. The SDRS Board
will have a vacant trustee position representing elected municipal officials. Discussion was had
if the council wanted to submit a nomination. A motion was made by Reed, seconded by
Kubal, to recommend Council Member Tom Bezdichek for the position and to sign a letter of
recommendation. All present voted yes; motion carried.
City Council Member Ex-Officio Reports. Whaley reported the Hospital purchased the
Arlington Clinic, the current hospital construction is on budget but is 30 days behind schedule,
Phase 2 will be ready for final inspection on July 15th, more publicity is needed on the hospital’s
educational sessions, and the new ambulance arrived.
Bezdichek reported a new Sprint store opened on the east side of Sioux Falls, BMU purchased
a new directional boring machine for $169,000 and bond reimbursement resolution of $8
million is being considered.
City Council member introduction of topics for future discussion
A motion was made by McClemans, seconded by Thorpe, to request a review of City Council
policies in the near future. Discussion: Policies to include those made by motion, resolution and within
the Governance and Ends Policies (G&E) document. It was clarified that resolutions and policies are a
mandate when approved by the governing body. Review of different sections of the G&E on a quarterly
basis suggested or special, longer duration meetings. Bartley suggested providing all policies on a disk
ahead of time. Annual review of all policies was suggested. All present voted yes; motion carried.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A motion was made by Thorpe, seconded by Bartley, to approve the
consent agenda as follows:
A. Action to approve the agenda.
B. Approval of the April 6 and April 15 City Council Meeting Minutes.
C. Action on Resolution No. 44-10, awarding bids on 2010-06STI Chip Seal Project.
Resolution No. 44–10
Resolution Awarding Bids on Project 2010-06STI
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May 11, 2010
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Whereas, the City of Brookings opened bids for Project 2010-06STI Chip Seal Project
on Tuesday, April 20, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2010-06STI Chip Seal Project: TopKote, Inc., Yankton, SD $192,759.00, The Road Guy
Construction Co., Inc., Mission Hill, SD $239,700.00, and Jensen Rock & Sand, Inc., Mobridge,
SD $258,900.00.
Now Therefore, Be It Resolved that the low bid of $192,759.00 for TopKote, Inc., of
Yankton, SD be accepted.
D. Action on Resolution No. 45-10, declaring surplus property.
Resolution No. 45-10 -Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described property
formerly used at the City of Brookings Police Department: One (1) 2002 Mercury Sable
Police Vehicle, VIN 1MEFM50U72G628208.
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 sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-
13.
E. Action on Resolution No. 46-10, authorizing the Brookings Summer Arts
Festival Committee to have exclusive use of Pioneer Park.
Resolution No. 46-10
A Resolution Authorizing the Brookings Summer Festival
Committee to Have Exclusive Use of Pioneer Park
Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 8-13,
2010, and
Whereas, the Summer Arts Festival Committee has requested the exclusive use and
control of Pioneer Park and its facilities for said festival, plus additional days for
preparation and takedown, and
Whereas, the Summer Arts Festival Committee will provide evidence of liability
insurance coverage including the City of Brookings as named insured, and
Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for
the conduct of the Summer Festival on said premises, now therefore,
Be It Hereby Resolved that the use of Pioneer Park and its facilities as a public park shall
terminate for the period of July 8 through July 13, 2010.
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May 11, 2010
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Be It Further Resolved that the City Council does hereby grant the exclusive use of
Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer
Arts Festival Committee.
Further, It Is Resolved that the Summer Arts Festival Committee shall be responsible
for maintaining said facilities and cleaning them and returning them to the City of
Brookings in good condition following the festival.
F. Action on volunteer appointments to various city boards, committees and
commissions. Brookings Regional Airport Board: reappoint Jim Bailey ( May 1, 2015),
Brookings Committee for People who have Disabilities, Student Position: reappoint Kim
Lindell (May 1, 2011); Human Rights Committee, Student Member: Christine Fabian (May
1, 2011); Park & Recreation Board: reappoint Ryan Krogman, reappoint September
Kirby, and Dr. Jon Schneider (May 1, 2013); Park & Recreation Board, Student Positions:
Jacqueline Zevenbergen (College), Sam Dunkle (High School) (May 1, 2011): Utility Board:
reappoint George Prest (May 1, 2015): Visitor Promotions Committee – SDSU Student
Positions: Erin Kennedy and Eric Haiar (May 1, 2011).
On the motion, all present voted yes; motion carried.
Contract Award: Architectural Contract. A motion was made by Kubal, seconded by
McClemans, to authorize the Mayor and City Clerk to sign the Architectural Contract with
Cannon, Moss, Brygger & Associates, P.C., as of and effective May 6, 2010.
Public Hearing: Tom Bozied read a prepared statement objecting to hiring a firm outside of Brookings.
City Council: McClemans, Reed and Thorpe voiced similar concerns. On the motion, Bartley,
Bezdichek, Kubal and Whaley voted yes, Reed, Thorpe and McClemans voted no; motion
carried.
First Reading – Ordinance No. 17-10. A first reading was held on Ordinance No. 17-10,
an Ordinance Amending Section 58-165 of the Code of Ordinances of the City of Brookings,
South Dakota and pertaining to Loud and Raucous Noise in the City of Brookings, South
Dakota. Public Hearing: May 11, 2010.
First Reading – Ordinance No. 18-10. A first reading was held on Ordinance No. 18-10,
an Ordinance pertaining to an Application for a Conditional Use for a Contractors Shop and
Storage Yard in the Business B-3 District, Lot 10, Block 4, Folsom Addition, also known as 147
3rd Avenue South. Public Hearing: May 11, 2010.
Resolution No. 48-10. A motion was made by Whaley, seconded by McClemans, to approve
Resolution No. 48-10, a Resolution of Intent to Lease Real Property to Private Person for a
farm lease with Joel C. Foster, for a period of Three (3) years and pertaining to the following
described property, for the Northeast One-fourth (NE¼), except Lots One (1) and Two (2)
and except Lots H-4, H-5 and the platted lots thereof, of Section Nineteen (19), Township One
Hundred Ten (110) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings,
State of South Dakota. No public comment was made. All present voted yes; motion carried.
City Council Packet
May 11, 2010
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Resolution No. 48-10
Resolution of Intent to Lease Real Property to Private Person
Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of
Brookings intends to enter into a Farm Lease with Joel C. Foster, for a period of Three (3)
years and pertaining to the following described property: The Northeast One-fourth (NE¼),
except Lots One (1) and Two (2) and except Lots H-4, H-5 and the platted lots thereof, of
Section Nineteen (19), Township One Hundred Ten (110) North, Range Forty-nine (49) West
of the 5th P.M., County of Brookings, State of South Dakota.
The purpose of this Lease is to provide for the farming of the above-described property prior
to its development. The term of the Lease is three years, beginning with the 2010 crop season
through December 31, 2012. The Lease provides for cash rent payable by the Tenant, and sets
forth the respective obligations of the Lessor and Tenant concerning the above-described
property.
Be It Further Noted, that a Public Hearing on this Resolution was held on this 27th day of April,
2010 at 6:00 o'clock P.M. at the City Council Chambers and that all persons were given an
opportunity to be heard on the intent to lease the above-described real property.
FARM LEASE AGREEMENT
THIS FARM LEASE AGREEMENT is entered into by and between the City of Brookings, South
Dakota, (hereinafter referred to as “Lessor”), and Joel C. Foster, (hereinafter referred to as
“Tenant”).
1. DESCRIPTION OF PREMISES: Lessor hereby leases to Tenant and Tenant hereby leases
from Lessor the following described property: The Northeast One-fourth (NE¼), except Lots
One (1) and Two (2) and except Lots H-4, H-5 and the platted lots thereof, of Section
Nineteen (19), Township One Hundred Ten (110) North, Range Forty-nine (49) West of the
5th P.M., County of Brookings, State of South Dakota.
2. GENERAL TERMS OF LEASE
A. Term Period Covered – The provisions of this agreement shall be in effect for
three years, commencing on the 28th day of April, 2010 and ending December
31, 2012.
B. Amendments and Alterations – Amendments and alterations to this Lease shall
be in writing and shall be signed by both Lessor and Tenant.
C. Right of Entry – The Lessor reserves the right for itself, its agents, and
employees or its assigns to enter the property any reasonable time to: a) consult
with Tenant, b) make repairs, improvements and inspections and, c) (and after
notification of termination of the Lease given) to complete tillage, seeding,
fertilizing and any customary seasonal work. Lessor will make reasonable efforts
to avoid interference with the Tenant in carrying out regular farming operations.
D. Avoid Interference – Lessor will make reasonable efforts to avoid interference
with the Tenant in carrying out regular farming operations.
3. TRANSFER OF PROPERTY BY LESSOR/CONSTRUCTION OF ROADS
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May 11, 2010
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AND INFRASTRUCTURE: If the Lessor should sell or otherwise transfer title to the above-
described property or any portion thereof, this Lease shall terminate as to the portion sold,
and Lessor and Tenant shall negotiate any crop input cost adjustments and crop damage or loss
due to the sale of any portion of the leased premises prior to harvest. However, in any event,
Lessor shall not be required to reimburse Tenant for more than the amount of the Annual
Cash Rent.
If the Lessor, or Lessor’s successor, should construct a road, utility or other improvement
upon the above-described property or any portion thereof, this Lease shall terminate as to such
portion, and Lessor, or Lessor’s successor, and Tenant shall negotiate any crop input cost
adjustments and crop damage or loss due to the construction upon any portion of the leased
premises prior to harvest. However, in any event, Lessor shall not be required to reimburse
Tenant for more than the amount of the Annual Cash Rent.
4. AMOUNT AND PAYMENT OF RENT
A. Farmland Size – Total of 83.5 acres of which 7 acres are trees, not tillable, and
therefore not a part of this Farm Lease Agreement; and 76.5 acres of tillable
land, to be leased pursuant to Farm Lease Agreement, of which 10 acres is and
will be farmed by Tenant in a cooperative arrangement with TJ Enterprises.
B. Cash Rent – the Tenant agrees to pay to the Lessor, or Lessor’s successor, for
use of the leased premises $50.00 per acre for the 76.5 acres of tillable land for
the 2010 crop year; $70.00 per acre for the 76.5 acres of tillable land for the
2011 crop year; and $90.00 per acre for the 76.5 acres of tillable land for the
2012 crop year, all of which is subject to adjustment pursuant to paragraph 3
above.
C. Rental Payment – the annual cash rent, unless adjusted pursuant to paragraph 3,
shall be paid as follows: $1,912.50 on or before the 15th day of May 2010;
$1,912.50 on or before the 15th day of November 2010; $2,677.50 on or before
the 15th day of May 2011; $2,677.50 on or before the 15th day of November
2011; $3,442.50 on or before the 15th day of May 2012; $3,442.50 on or before
the 15th day of November 2012.
5. OPERATION AND MAINTENANCE OF LEASED PREMISES – In order to operate this
farmland efficiently and to maintain it in a high state of productivity, the parties agree as follows:
A. The Tenant agrees:
1. General Maintenance – to provide the unskilled labor necessary to maintain
the farmland during the tenancy in as good of condition as it was at the
beginning of the Lease. Normal wear and depreciation and damage from
causes beyond the Tenants control are expected.
2. Noxious Weeds – to use diligence to prevent noxious weeds from going to
seed on the farm.
3. Conservation – control soil erosion as completely as practicable.
4. Fall Tillage after Last Crop Year – The Lessee agrees to do the fall tillage
following the 2012 crop year.
B. The Lessor agrees:
1. Land Maintenance – provide the maintenance on all ground not tillable,
including fences, if any.
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May 11, 2010
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6. SUBLETTING & ASSIGNMENT: Tenant shall not assign or sublet this Lease without
written consent of the Lessor excepting for the cooperative farming arrangement Tenant has
with TJ Enterprises. Tenant shall be entitled to retain all payments and income resulting from
his farming arrangement with TJ Enterprises.
7. LIABILITY: Each party to this agreement shall be solely responsible for any and all
actions, suits, damages, liability or other proceedings brought against it as a result of the alleged
negligence, misconduct, error or omission of any of its officers, agents or employees Neither
party is obligated to indemnify the other party or to hold the other party harmless from costs
or expenses incurred as a result of such claims; and each shall continue to enjoy all rights,
claims and defenses available to it under law.
8. COMPLETE AGREEMENT: This Lease is the complete and final agreement of Lessor
and Tenant in regard to the premises described in this Lease. Tenant acknowledges that it has
received a copy of this Lease Agreement. This Lease supersedes any oral or written agreements
regarding the leased premises. This Lease may be modified only by in writing signed by both
parties.
Ordinance No. 16-10. A public hearing was held on Ordinance No. 16-10, an Ordinance
Amending Section 62-34 of the Code of Ordinances of the City of Brookings, South Dakota
and Pertaining to the Terms of Office for the Park and Recreation Board in the City of
Brookings, South Dakota. No public comment was made. A motion was made by Kubal,
seconded by Whaley, to approve Ordinance No. 16-10. All present voted yes; motion carried.
(Mayor Reed turned the meeting over to Deputy Mayor Bartley).
Resolution No. 49-10. A public hearing was held on Resolution No. 49-10, a Resolution
authorizing Vacation of an alley abutting Lots 3 through 14 of Block 1, Thornbers Addition (7th
to 8th Street and 12th to 13th Avenue). No public comment was made. Council Discussion: There
was some concern about snow removal and it was noted that SDSU is okay with pushing snow to the
end and leaving it. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 49-10. All present voted yes; motion carried.
Resolution No. 49-10
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 portion
of the alley abutting lots 3 through 14 of Block 1, Thornbers Addition is hereby vacated.
(Mayor Reed resumed as presiding over the meeting)
Resolution No. 50-10. A public hearing was held on Resolution No. 50-10, authorizing
Meyer’s Second Addition Road District, Brookings County, South Dakota. No public comment
was made. A motion was made by Bartley, seconded by Thorpe, to approve Resolution No.
50-10. All present voted yes; motion carried.
City Council Packet
May 11, 2010
19
Resolution No. 50-10
Resolution Authorizing Meyer’s Second Addition Road District
Brookings County, South Dakota
Whereas, the City of Brookings has received a petition requesting the organization and
incorporation of the Meyer’s Second Addition Road District; and
Whereas, said petition indicates the desire of qualified landowners within the proposed
boundaries to create the Meyer’s Second Addition Road District; and
Now, Therefore, Be It Resolved by the City Council of the City of Brookings that said request
is approved for the Meyer’s Second Addition Road District.
Executive Session. A motion was made by McClemans, seconded by Whaley, to enter
executive session for discussion with legal counsel on pending litigation matters with Council,
Manager and Attorney present. All present voted yes; motion carried. A motion was made by
McClemans, seconded by Thorpe, to leave executive session. All present voted yes; motion
carried.
Resolution No. 51-10. A motion was made by McClemans, seconded by Whaley, to approve
Resolution No. 51-10, establishing the Fee for the issuance of Full-Service Restaurant On-Sale
Licenses in the City of Brookings. A motion to table was made by McClemans, seconded by
Whaley. All present voted yes; motion carried to TABLE.
Resolution No. 52-10. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 52-10, adopting a Master Park Plan. No public comment was made. All present
voted yes; motion carried.
Resolution No. 52-10
Resolution Adopting a Master Park Plan
Whereas, a Master Park Plan addressing both immediate and long range needs is essential for
the development of a comprehensive and effective parks, recreation and forestry system in the
City of Brookings, and
Whereas, staff conducted a detailed inventory that describes the physical features, existing
recreation facilities and the desired actions to be taken to improve and maintain recreation
facilities between 2010 and 2030; and
Whereas, the Master Park Plan will assist staff, Parks and Recreation Board and City Council in
developing a capital improvements plan; and
Whereas, the Master Park Plan is a guide to the future and sets the general direction of parks,
recreation and forestry programming; and
Whereas, the Master Park Plan shall be reviewed and refined on a regular basis to ensure the
plan is consistent with the needs of the community; and
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May 11, 2010
20
Whereas, the City of Brookings Parks and Recreation Board recommend adoption of the
Master Park Plan as a document to assist in meeting the parks, recreation and forestry needs of
the community.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings adopts the
Master Park Plan.
Main Avenue Railroad Crossing Project Update. An update was given on the Main
Avenue Railroad Crossing Project.
Brookings Municipal Airport Purchase of Hangar Site “A”. A motion was made by
Bartley, seconded by Whaley, to purchase Hangar Site “A” at the Brookings Municipal Airport
from J.J. Jones, LLC for $21,600. No public comment was made. All present voted yes; motion
carried.
Adjourn. A motion was made by Whaley, seconded by Thorpe, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:16 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
May 11, 2010
21
CONSENT AGENDA #4
C. Action on Brookings Health Systems Board of Trustees
Appointment.
Mayor Reed recommends the appointment of Julie Whaley to the Brookings Health
Systems Board of Trustees for a term expiring January 1, 2011, and moving Rob Jones
into Keith Corbett’s vacancy for a term expiring January 1, 2012.
Purpose
The Brookings Health System Board of Trustees is an administrative board responsible
for the planning, operation and evaluation of all hospital and nursing home programs,
services and related organizational activities consistent with the City Charter,
Ordinance and facility by laws. (Formerly called the “Brookings Hospital Board”.)
Membership
Membership: 8+ (3 County Commission appointed, 5 City Council appointed,
Practicing Physician Representatives)
•Practicing Physician Representatives - a practicing physician
representative from each clinic whose physicians are members of
the active medical staff of the Brookings Hospital and who have
been members of the active medical staff of the Brookings
Hospital for at least one (1) year are eligible for appointment by
the mayor, with the advice and consent of the City Council. Such
physician representatives shall have all of the voting privileges as
other members of the board of trustees.
Term: 3 years
Residency: Must be a resident of Brookings County
Appointment: January 1
Legal Reference: Brookings City Code of Ordinances Chapter 42, Article III,
Division 2, Section 42-91 thru 42-105, Ordinance No. 29-06,
Ordinance No. 27-05, Ordinance No. 15-04, Ordinance No. 06-
02, Ordinance No. 32-99, Ordinance No. 19-91, Ordinance No.
03-90 (Nov. 29, 1999 changed the board configuration from a 7-
member board to a 9-member board.), Ordinance No. 12-08
City Council Packet
May 11, 2010
22
CONSENT AGENDA #4
D. Action on Planning Commission Appointment.
Mayor Reed recommends John Sydow to fill the vacated position of Larry Fjeldos. Term
to end December 31, 2012.
Purpose
The City Planning Commission is responsible for the city comprehensive plan for the
physical development of the city, including areas outside the boundaries of the city and
within the planning jurisdiction.
Membership
Membership: 9
Term: 5 years
Residency: Required
Appointment: December 31
Legal Reference: Brookings City Code of Ordinances Chapter 66, Article II,
Section 66-31 thru 66-42, Ordinance No. 15-00, Ordinance No.
21-91, SDCL 11-4-11, 11-6-2
City Council Packet
May 11, 2010
23
CONSENT AGENDA #4
E. Action on Historic Preservation Commission Appointment.
Mayor Reed recommends Les Rowland to fill the vacated position of Joanita Kant.
Term to expire January 1, 2012.
Purpose
The purpose of the Historic Preservation Commission is to allow the city to engage in a
comprehensive program of historic preservation to promote the inspiration, pleasure
and enrichment of the citizens of Brookings through identification, documentation,
preservation, promotion, and development of the city’s historic resources.
Membership
Membership: 7-10
Term: 3 years
Residency: Required
Appointment: January 1
Legal Reference: Brookings City Code of Ordinances Chapter 46, Article II,
Section 46-21 thru 46-26, Ordinance No. 09-03, Ordinance No.
16-91, SDCL 1-19B
City Council Packet
May 11, 2010
24
CONSENT AGENDA #4
F. Action on Brookings Transportation Board Appointments.
Mayor Reed recommends Jared Ellefson to fill the SDSU Student Position, with Tim
Goldammer serving as Alternate. Term: May 1, 2010 through May 1, 2011.
Purpose
The purpose of the Brookings Transportation Board is to identify opportunities for
improved efficiency as measured by increased levels of service or decreased cost,
especially through coordination among transportation providers in Brookings. The
Brookings Transportation Board shall provide oversight and evaluation of the success of
coordinated transportation efforts as well as provide advice and information to other
organizations on a regular or as-needed basis.
Membership
Membership: 13 (representing the following entities):
City of Brookings
Brookings County
Brookings Health Systems
Brookings Committee for People who have Disabilities
Brookings Public School System
East Central Mental Health
Downtown Brookings, Inc.
SDSU Administration
SDSU Student Assoc. (1-year term)
SD Dept. of Vocational Rehabilitation
ADVANCE
Senior Activity Center
Citizen-at-large
Ex-Officio members (non-voting)
City Engineer
City ADA Coordinator
City Transportation Providers
Term: 3 years
Residency: Not Required
Appointment: January 1
Legal Reference: Resolution No. 90-07
City Council Packet
May 11, 2010
25
CONSENT AGENDA #4
G. Action to approve a request from Robert & Lisa Buchholz to
abate a portion of 2008 Real Estate Taxes in the amount of
$511.36 for a mobile home destroyed by fire, Western Estates
#703.
Robert and Lisa Buchholz have submitted a request to abate a portion of their 2008 Real
Estate Taxes on the above referenced property in the amount of $511.36. A copy of the
application is enclosed. The County Director of Equalization recommends approval.
City Council Packet
May 11, 2010
27
Presentations/Reports/Special Requests
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 – Brett Monson
Vice-President – Erin Kennedy
Administrative Assistant – Kate Wegehaupt
Finance Chair – Anthony Sutton
State & Local Chair – Eric Haiar
http://studentorgs.sdstate.org/studentsassociation/Default.htm
City Council Packet
May 11, 2010
28
Presentations/Reports/Special Requests
7. Mayor’s Awards for Historic Preservation.
The Mayor’s Awards for Historic Preservation began in 1986 to acknowledge property
owners who save and maintain historical properties within the City of Brookings. Every
May, also known as “Preservation Month,” the Brookings Historic Preservation
Commission in cooperation with the Mayor’s Office, recognizes work which enhances
properties at least 50 years of age. This year the following four awards will be
presented:
427 Main Avenue
Nick’s Hamburger Shop, Dick Fergen
“Overall Commercial Rehabilitation”
202 Fifth Street
Charles & Mary Lou Berry
“Overall Residential Restoration”
617 Eighth Avenue
David & Tasha Jones
“Overall Residential Restoration”
727 Main Avenue
James & Doris Roden
“Overall Residential Restoration”
City Council Packet
May 11, 2010
29
“Overall Commercial
Rehabilitation”
427 Main Avenue
Nick's Hamburger
Shop
Nick Fergen, owner
The "Nicksburger" and Nick's
Hamburger Shop have held a
long-standing tradition in
Brookings, and we are proud
that Dick Fergen and his
remodeled Main Street
restaurant have been chosen to receive a Mayor's Award for Historic Preservation.
Dick was raised on Nickburgers as a Brookings kid, and has owned the shop since 2004. The
original owners were Harold and Gladys Nikalson and Dick has run the shop with a friendly
smile that offers a fun dining experience akin to Nick's grand opening in 1929.
This dedication led Fergen to remodel
the entire historical building, expanding
the restaurant from the corner half into
the entire structure in 2008-9. The
remodel was done with a retro flair that
has rehabilitated not only the building
but an eating tradition.
The extensive work consists of opening
the entire building from north to south,
allowing for a central cooking system, in
the Nick's mouth-watering tradition of
cooking in front of the customer. A
handy walk-up window has been added
in the open lot adjacent to the south side for customer convenience. The overall redesign is
replete with the red and white Nick's logo, a clean new paint job, and the front of the building
sports a fresh new awning. In addition to the work on the building, a new seating and
performance area was created on the south side of the building, allowing for people to enjoy
the out-of-doors while enjoying their delectable "Nicksburger."
The next time you stop by Nick's Hamburger Shop–which is sure to be soon–make note of the
loving care that Dick Fergen has for the building, offering customer service second to none, and
the wonderful experience of our very own Brookings "Nicksburger”
City Council Packet
May 11, 2010
30
“Overall Residential
Restoration”
202 Fifth Street
Charles & Mary Lou
Berry
Mayor’s Award to Charles and
Mary Lou Berry is in
recognition of the recent listing
of their Brookings’ home on
the National Register of
Historical Places. This is the
culmination of extensive
preservation efforts on their
property that has taken place
over a number of years.
The E.E. Haugen residence and barn is located at 202 Fifth Street, Brookings on a corner lot
immediately west of the Brookings Historic Commercial District. This prominent Colonial
Revival style home was built in 1904 by Engbret E. and Andrina Haugen, who moved to
Brookings from Webster, SD in 1895. Mr. Haugen was a one-time partner of E.J. Skinner in a
general store, now Skinner’s Pub; he opened his own general store in 1898 two blocks north
on Main Ave. called Haugen’s Large General Store. The store sold everything from dry goods,
furniture to groceries, with guaranteed delivery of everything down to a single spool of thread.
The National Register listing describes the residence as an excellent local example of the
Colonial Revival style of architecture used for homes built in the United States during the late-
nineteenth and early-twentieth centuries. The residence is a local interpretation of a nationally
advertised architect’s design that appeared in The Woman’s Home Companion between 1898 and
1904. Mrs Haugen found the design by architect Ernest Schellentrager in an 1899 issue of the
magazine, and hired local contractor Mr. Berg to construct the house.
The two-story house has a symmetrical, square plan, dormers and a hipped roof with a flat roof
deck. It exhibits key characteristics of the Colonial Revival style, described as any building
echoing architecture of English and Dutch houses of the Atlantic Coast.
The full- length one-story hipped-roofed front porch was added in the mid 1980’s in effort to
return the porch to an open porch, after being enclosed in the mid 1900’s. The nomination
cites the residence’s excellent integrity, in setting, location, design, workmanship, materials,
feeling, and association.
The Interior of the residence has retained much of its original form, features, and trim. Large,
quite beautiful, stained glass windows still grace the area above the stair landing. Mrs. Haugen it
is said insisted on the placement of stained glass and frosted windows in the back of the house
as she did not think it proper for visitors to the see the barn and activities in the back yard. The
gable roofed barn remains on the property, where the Haugens kept horses, a delivery van, and
City Council Packet
May 11, 2010
31
the family carriage. The barn has undergone minor changes to insure its continued use; it is
considered a rare resource for an urban area.
The grand home was one of the early landmarks in Brookings and was even featured in an early
twentieth-century promotional booklet for the town. Considered to be fully modern house for
its time, what was said to be the first electric washing machine in town was installed in its
basement while house was still under construction.
In the late 1940’s the
house was sold to the
Jack Frost family. In
the late 1950’s after
the Frosts moved, the
house became a
dormitory for SDSU
students. Auctions
were held in the barn
on a regular basis.
Later owners Earl and
Marha Shadswell used
the house as a
residence and later as
a boarding house. By
the mid 1980’s, when
David Sogn purchased
the property, the house and barn were in total disrepair. Halfway through the renovation, it
was bought from Sogn by Charles and Mary Lou Berry, the present owners. The Berry’s
continued work on restoring the property to its present, restored well-maintained condition.
Haugen House nomination was the weekly highlight nomination on the National Register of
Historic Preservation website for March 12th, 2010.
http://www.nps.gov/nr/feature/weekly_features/10_03_12_haugenhouse.htm
City Council Packet
May 11, 2010
32
“Overall Residential
Restoration”
617 Eighth Avenue
David & Tasha Jones
David and Tasha Jones have
received the 2010 Mayor's
Award for Outstanding
Home Restoration of their
residence at 617 Eighth
Avenue, Brookings.
Described in a March 1952
BETTER HOMES AND
GARDENS feature article as
a "Private World on a City
Lot," the home was
designed and built in 1948 for Russell and Pauline Cole by Sioux Falls architect Harold
Spitznagel. Sixty-two years later, its minimalist lines, emphasis on natural woods, and abundant
built-ins continue to create a "modern" feel.
When the Jones' purchased and moved into the house three years ago, they were pleased that
there had been few changes made to the original structure. But weathering and the years had
taken their toll on the roof, windows and exterior siding.
David and Tasha decided to restore the look and color of the original redwood siding that had
been darkened with an opaque stain and later painted a forest green. But while removing the
paint and stain, they discovered that much of the wood was in very poor condition and would
need to be replaced. Through an ad in ARCHITECTURAL DIGEST, David contacted a supplier
of the rare redwood he needed: tongue and groove panels in varied widths using a center cut
without knots, available only in northern California or British Columbia. As for the redwood
garage doors, those could be stripped and restored to their original color without having to be
replaced.
Local craftsman Gary LaJoie was hired to do the work which included window replacement
using Douglas Fir trim as in the original. Douglas Fir was also used in restoring the fascia and an
overhead trellis. Cedar shingles were used to replace the original roof. As the restoration
progressed, additional insulation was blown in. The new windows and insulation cut heating
costs in half from the previous year. The heating system is radiant heat using pipes under the
floor in the main part of the house and in the ceilings of the two bedrooms.
Another challenge to the Jones' has been a chimney leak which David says is of long standing.
He and Tasha hope the new roof and some capping have fixed the problem. The water-
City Council Packet
May 11, 2010
33
tolerant cypress ceiling shows little evidence of damage.
Using the BETTER HOMES AND GARDENS picture spread as a guide, David and Tasha found
interior paints to match original colors in the home's living areas that complement the white
oak paneling and cabinets. And they are also finding similar furniture, their glass-topped coffee
table being an exact reproduction of the one shown in the magazine. Also of help to the couple
have been the original blueprints.
Previous owners Kevin and Sherry Ishol had built an addition compatible with the original
design to provide welcome new space to the existing 2100 square feet. The new room
covered what had been a patio area and the Ishols' saved its slate flagstones. David and Tasha
used those to create a new patio in the spacious back yard which is still surrounded by the
original louvered redwood fence. "The fence should be replaced," said David. "But that will be
another year. For now we're taking a break."
City Council Packet
May 11, 2010
34
“Overall Residential
Restoration”
727 Main Avenue
James & Doris
Roden
Known today as the
Roden house, this quaint
bungalow at 727 Main
Avenue Brookings, SD
was originally purchased
and developed by Ivan
Cobel in April 1919.
This Prairie Craftsman home combines many textures both on the outside and inside. From the
lawn of First Lutheran Church you will see all of the work Jim and Doris have done to maintain
and restore the exterior features. Most striking are the Brick and Stucco columns supporting
exposed purlins and rafters. You will also notice the towering fireplace accented at the base
with beautiful landscaping of various scrubs. The home bodes original siding and windows
along with the original eastwardly facing porch and porte cochere. From the front porch you
will enter the almost 3,400 sq ft home by way of a spacious living room complete with fireplace
adorned by a lacquer finished elm mantel and oak built-in cabinets.
There are numerous features of this old house that would take anyone’s breath away. My
personal favorite is the lead-glass French doors. Other noteworthy restored features include
the oak floors, two inch ceiling molding, classic lighting features , massive elm crossbeams
(matches the fireplace mantel), and hot water radiators. Notable details are the original brass
fixtures and push button light switches.
This home is truly a gem of our fair
community. It would not be the
treasure it is without the
tremendous amount of research
completed and the application of
detail to maintain the structure’s
integrity. Jim and Doris have been
quoted they are honored to be the
caretakers of this historic house, but
it myself and this community that are
honored by all you have done and
the things you continue to do to
make your home a treasure we can
all enjoy. Congratulations!
City Council Packet
May 11, 2010
35
Contract Awards/Change Orders
8. Action to authorize the Mayor to sign the contract with Bossardt
Corporation, the Construction Manager for the Brookings
City/County Administration Building Project.
Attached is a proposed contract for construction management-agent services for the
Brookings City/County Administration Building. The Building Committee decided at the
outset of the project to use a construction manager-agent delivery method for the
construction of the project. This method does not utilize one general contractor.
Rather, the project is segregated into multiple bid packages that are individually bid in
order to get the best price for each bid package. In addition, this method enhances the
opportunities for all local contractors and trades to bid on specific portions of the
project. The bid packages will be structured to encourage local contractors to bid.
What’s more, this method provides a higher degree of inspection services than
traditional general contracting. Attached is information from state law which further
describes construction management. All aspects of construction including managing the
various multiple prime contractors are coordinated by the construction manager. The
CM, along with the architect, constitutes the professional consulting team on behalf of
the owners for the project.
We issued Request for Proposals and received 12 responses. The Building Committee
is recommending hiring the Bossardt Corporation for this service. Bossardt provided
the most comprehensive proposal and has extensive experience with government
buildings and projects with two owners. The fee is 2.5 percent of construction cost
plus general conditions which was tied with one other proposer for the second-lowest
fee of all 12 proposers.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
SDCL 5-18-46. "Construction management services" defined. For the purpose of this chapter,
the term, construction management services, means the following:
1. Services provided in the planning and design phases of a public improvement project
including the following:
a) Consulting with, advising, assisting, and making recommendations to the public
corporation and architect or engineer on all aspects of planning for project construction;
b) Reviewing all plans and specifications as they are being developed and making
recommendations with respect to construction feasibility, availability of material and
labor, time requirements for procurement and construction, and projected costs;
c) Making, reviewing, and refining budget estimates based on the public corporation's
program and other available information;
d) Making recommendations to the public corporation and the architect or engineer
regarding the division of work in the plans and specifications to facilitate bidding and
awarding of contracts;
e) Soliciting the interest of capable contractors and assisting the public corporation in taking
bids on the project;
f) Analyzing the bids received and awarding contracts; and
g) Preparing and monitoring a progress schedule during the design phase of the project and
preparation of a proposed construction schedule; and
2. Services provided in the construction phase of the public improvement project including the
following:
a) Maintaining competent supervisory staff to coordinate and provide general direction of
the work and progress of the contractors on the project;
b) Observing the work as it is being performed for general conformance with working
drawings and specifications;
c) Establishing procedures for coordinating among the public corporation, architect or
engineer, contractors, and construction manager with respect to all aspects of the project
and implementing labor policy in conformance with the requirements of the public
corporation's policy and making recommendations;
d) Reviewing and processing all applications for payment by involved contractors and
material suppliers in accordance with the terms of the contract;
e) Making recommendations for and processing requests for changes in the work and
maintaining records of change orders;
f) Scheduling and conducting job meetings to ensure orderly progress of the work;
g) Developing and monitoring a project progress schedule, coordinating and expediting the
work of all contractors, and providing periodic status reports to the owner and the
architect and engineer; and
h) Establishing and maintaining a cost control system and conducting meetings to review
costs.
Source: SL 2003, ch 38, § 2.
City Council Packet
May 11, 2010
67
Contract Awards/Change Orders
9. Action to approve the purchase for replacement of Fire Engine #5
off of the December 2009 City of Brookings Bid from Toyne, Inc.
for $430,182.00.
Engine #5 was purchased in 1989 and is currently fully depreciated and has been scheduled for
replacement in 2011.
In December 2009 the City of Brookings awarded a bid to Toyne Inc. for the Engine #4 replacement in
the amount of $430,182.00 and the contract was signed by all parties on January 11, 2010. In an effort to
look for additional cost cutting measures for the City of Brookings, Fire Chief Darrell Hartmann
approached Toyne Inc. about the possibility of using the Engine #4 bid for the scheduled replacement of
Engine #5 in 2011, following South Dakota Codified Law 5-18-18.
Toyne Inc. has agreed and is willing to build the scheduled Engine #5 replacement at the 2010 bid price of
$430,182.00. They have requested to receive the City’s approval by June 4, 2010. This action would
potentially save the City $30,000.00 to $60,000.00 due to the new 2010 emission standards and other
cost increases.
Staff recommends proceeding with the proposal by accepting the 2010 bid price from Toyne Inc. for
$430,182.00 for the scheduled replacement of Engine #5 for 2011.
SDCL 5-18-18. Contracts exempt from competitive bidding requirements. The provisions of §§ 5-18-1
to 5-18-17, inclusive, do not regulate or apply to contracts entered into and purchases made by the
Department of Transportation or by the Bureau of Administration or to the purchase of electric power,
light, water, or gas; or any municipal corporation for the purchase of materials, supplies, or equipment for
any utility owned or operated by such municipal corporation, if the purchase does not exceed the limits
established pursuant to § 5-18-3; or to contracts of any municipal corporation in time of war to acquire,
establish, construct, own, control, lease, equip, improve, maintain, operate, or regulate an airport or
landing field for the use of airplanes or other aircraft, of the United States armed forces or its members,
students, and mechanics; or to contracts of any public corporation for the purchase of materials, supplies,
or equipment from the United States or its agencies; or to equipment repair contracts; or to the
contracts of any school district, municipality, or county for the purchase or lease of communications
technologies, computers, peripheral equipment, and related connectivity; or to the purchase of surplus
property from another public corporation; or to the purchase by one local government entity from the
lowest responsible bidder of an item competitively bid in the previous twelve months by itself or another
local government entity or the state at the bid price or less; or to animals purchased by a municipality for
a zoo.
Source: SL 1939, ch 300, § 2; SL 1941, ch 375; SL 1943, ch 319, § 1; SL 1945, ch 358, § 1; SL 1949, ch 446,
§ 1; SL 1955, ch 439, § 1; SDC Supp 1960, § 65.0701-2; SL 1964, ch 227; SL 1976, ch 61, § 2; SL 1983, ch
33; SL 1986, chs 56, 57; SL 1990, ch 47, § 3; SL 1990, ch 48, § 1; SL 1993, ch 57; SL 1997, ch 40, § 1; SL
1997, ch 41, § 1; SL 1998, ch 34, § 1.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
May 11, 2010
68
Ordinance First Readings**
10. Ordinance No. 19-10: An Ordinance Amending Chapter 82 of the
Code of Ordinances of the City of Brookings and Pertaining to
Stopping, Standing, and Parking of Vehicles on the Street.
Public Hearing: May 25th
**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.
The amendments include a definition of a “driveway” for this chapter and a “no parking”
area on each side of a driveway. The current ordinance restricts on-street parking
under several circumstances including in front of a driveway. However, in many
instances vehicles are parked up to the edge of the driveway which makes it difficult for
a resident to back safely into the street. This amendment creates more space on each
side of a driveway at the curb line. Therefore, residents should have an easier time
backing down a driveway and into the street. It should also increase visibility. The Ad-
Hoc Parking Committee recommended this ordinance change.
City Council Packet
May 11, 2010
69
Ordinance No. 19-10
An Ordinance Amending Chapter 82 of the Code of Ordinances of the City of
Brookings and Pertaining to Stopping, Standing, and Parking of Vehicles on the
Street.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as
follows:
I.
ARTICLE I. IN GENERAL
Sec. 82-1. Definitions
Driveway means the surfaced portion of the boulevard between the roadway curb, or
edge of the roadway, and the sidewalk or property line, that is intended to provide
access to the abutting public or private property.
II.
ARTICLE VI. STOPPING, STANDING AND PARKING
Sec. 82-427. Places where standing and parking prohibited; exception to discharge passengers.
(1) In front of a public or private driveway nor closer than five (5) feet on
either side of a driveway measured from the edge of the driveway at the
curb line or edge of the roadway.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 11, 2010
Second Reading and Adoption: May 25, 2010
Published:
CITY OF BROOKINGS
__________________________
ATTEST: Tim Reed, Mayor
_____________________________
Shari Thornes, City Clerk
City Council Packet
May 11, 2010
70
Ordinance First Readings**
11. Ordinance No. 20-10: An Ordinance Amending Chapter 22 of the
Code of Ordinances of the City of Brookings Pertaining to Moving
a Building.
Public Hearing: May 25th
**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.
Article IV of Chapter 22 regulates house moving within the city and non-ag areas in the
Joint Jurisdiction Area. The ordinance requires the involvement of the Engineering,
Parks, and Utility Departments. There is an application process required to obtain a
permit and a licensing section for house moving companies. Prior to obtaining a permit,
an applicant has to attend a public hearing before the City Council for permission to
move a building. Several sections are somewhat ambiguous and the ordinance fails to
address certain aspects of moving a building that staff has encountered over the years.
The revised ordinance is more comprehensive and is patterned after the majority of
house moving ordinances found in other communities. This ordinance places a greater
responsibility on the applicant for providing information to the city and involves more
city departments such as the Police Department and Fire Department and private utility
companies such as Northwestern Energy and Mediacom. Applicants will still be
required to obtain approval from the City Council, but only when it involves homes
which were constructed on-site and previously occupied. New homes would not be
subject to City Council approval but would be subject to all other regulations.
City Council Packet
May 11, 2010
71
Ordinance No. 20-10
An Ordinance Amending Chapter 22 of the Code of Ordinances of the City of
Brookings Pertaining to Moving a Building.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as
follows:
I.
ARTICLE IV. MOVING A BUILDING
DIVISION 1. GENERALLY
Sec. 22-201 Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory Building: A detached subordinate building, the use of which is customarily incidental to
that of the main building or to the main use of the land and which is located on the same lot
with the main building or use. An "accessory building" does not include dwelling units or living
quarters.
Building: Any enclosed space for human use or activities, whether stationary or movable.
Dwelling: A building, or portion thereof, used exclusively for permanent human habitation.
Manufactured Home: A building, used exclusively for human habitation, which is constructed in
compliance with the National Manufactured Home Construction and Safety Standards Act in a
manufacturing facility, and is transportable in one or more sections to a building site.
Mobile Home: A building, used exclusively for human habitation, constructed in a manufacturing
facility prior to June 15, 1976, the effective date of the National Manufactured Home
Construction and Safety Standards Act, which is transported on a permanent chassis to a
building site.
Modular Home: A building, used exclusively for human habitation, constructed off site and in
compliance with the applicable local or state building code and which is transported on a
temporary chassis to a permanent building site.
Structure: Anything constructed or erected that requires location on the ground or attached to
something having a location on the ground.
City Council Packet
May 11, 2010
72
Sec. 22-202 Protection of trees
(a) Generally. No person shall move any building or structure along any street, avenue, public
place or alley in such manner as to interfere with or injure any tree in any public area
except as provided in this section.
(b) Charges; deposit. Upon receipt of an application for a permit to move any building or
structure within the city, the director of parks and recreation shall determine the
number of trees along the proposed route for such moving which will require trimming
for clearance. The city may require a deposit as estimated by the director of parks and
recreation which is sufficient to cover the possible cost to the city in repairing damage
to trees caused by the mover during such move. Charge for repair shall be made at the
current city hourly labor rate, plus equipment costs, and ten percent for both the labor
of the city employee and equipment.
(c) Supervision of work. If it is necessary to trim or move any tree along any street, avenue,
public place or alley within the city in connection with the moving of any building or
structure, all such work shall be done under the supervision and control of the director
of parks and recreation at the expense of the person moving such building or structure.
Trimming shall be done in accordance with the pruning standards.
(d) Replacement. If a tree is removed or severely damaged or dies as a result of trimming or
as a result of the moving of a building or other structure, the permittee shall pay to the
department of parks and recreation the cost for each replacement tree which is
necessary.
(e) Refund. All sums deposited with the city for the protection of trees along the route to
be used to move the building or structure and that are not earned by the city shall be
refunded to the permittee.
Sec. 22-203 Protection of utilities
(a) Generally. No person shall move any building or structure along any street, avenue,
public place or alley in such manner as to interfere with or damage any utility line or
fixture in any public area except as provided in this section.
(b) Charges. The owner of a building or structure shall pay to the city such charges as shall
be determined for each utility line or fixture to be raised, cut, changed, severed or
removed. Such charges shall be based upon the actual costs incurred by the Brookings
Municipal Utilities (BMU).
(c) Costs of labor. Brookings Municipal Utilities shall provide labor necessary to raise or
change all fixtures and lines and a charge shall be applied for such labor.
(d) Deposit. A deposit based upon an estimate by the BMU of the cost for labor and
materials in raising, changing, severing and repairing any line or fixture prior to moving a
building or structure may be required and all deposits that are not earned shall be
refunded.
City Council Packet
May 11, 2010
73
Sec. 22-204 Limitations on structure to be moved
A permit to move a building or structure shall not be granted if:
(a) The building is too large to move without endangering persons or property in the city
or the weight of the building or structure would cause damage to the roadway, or
(b) In the opinion of the Building Services Administrator, the building or structure is in such
a state of deterioration or disrepair or is otherwise so structurally unsafe that it cannot
be moved without endangering persons or property in the city, or
(c) The applicant’s or house/building mover’s equipment is unsafe and persons and property
would be endangered by its use, or
(d) The location where the building or structure would be moved would be in violation of
any of the provisions of the Zoning Code relating to location, use and occupancy.
(e) The building or structure to be moved would be in violation of any of the provisions of
the Building Code relating to, but not limited to, construction methods and periodic
inspections.
Sec. 22-205 Obstructing rights-of-way
No building or structure shall be permitted to be or remain in, on or across any street or alley,
or part thereof, from thirty (30) minutes before sunset to thirty (30) minutes after sunrise
unless the licensee moving such building or structure adequately warns all persons using such
street or alley of the obstruction by placing an adequate number of red lights in such position as
will reasonably serve such purpose.
Sec. 22-206 Travel route
The applicant or house/building mover shall furnish a travel route along with the date and time
when the move will commence. The City Engineer may require that the route be changed or
altered in the interest of protecting the public’s health, safety and welfare and/or minimize
potential damage to property, or to minimize potential traffic problems that may occur.
Any travel route that involves any city streets within the City of Brookings but does not include
locating the moved building in the city limits shall be subject to the same requirements and
applicable fees as stated in the sections of this article.
Sec. 22-207. --- 22-220. Reserved.
DIVISION 2. PERMIT
Sec. 22-221 Application
The following information is required for approval of any moving permit:
(a) Completion of a Moving Permit application
(b) Completion of a House Moving Agreement for any dwelling moved within the city or
non-ag zoning district in the Joint Jurisdiction Area
(c) Completion of the Addendum to the House Moving Agreement, when applicable
City Council Packet
May 11, 2010
74
Sec. 22-222 Exceptions
The following buildings or structures shall be exempt from the requirements of Sec. 22-221
but not from any other requirements of the code of ordinances:
(a) A manufactured home or mobile home moved into or within a manufactured or mobile
home park
(b) A manufactured home or mobile home moved onto a lot in the Residence R-3A District
(c) A one-story accessory building that is less than 14 feet in width and has less than 340
square feet of floor area
Sec. 22-223 Hearing required; notice of application; fee
Whenever a moving permit application involves a dwelling that was originally constructed on-
site and was previously occupied, no moving permit shall be issued until a hearing on the
moving permit is held by the city council. A notice of application shall be published in an official
newspaper at least five (5) days prior to the date when such application shall be considered by
the city council and by mailing a copy of the notice to owners of real estate abutting the real
estate upon which the dwelling is to be moved. The notice shall state the time and place of the
hearing and, in general terms, describe the building to be moved and the location where the
building will be moved. All requests for moving permits shall be accompanied by a deposit in an
amount established by resolution, which shall be used to defray administrative expenses. A
majority vote of the city council members who are present at the meeting is required for
issuance of a moving permit.
Exception: Whenever a moving permit application involves a dwelling that was originally
constructed on-site and was previously occupied and will be relocated outside the city limits no
hearing before the city council shall be required. However, all other applicable sections of the
Code of Ordinances shall be adhered to.
Sec 22-224 --- 22-250 Reserved.
DIVISION 3. LICENSE
Sec. 22-251. License required
No person, except a licensed house/building mover or mobile home and manufactured home
dealer or manufacturer, shall remove or move from one lot to another any building or part of a
building within the limits of the city or within any area designated as non-ag in the Joint
Jurisdiction Area surrounding the city.
Exceptions:
a. No license is required to move an accessory building on a residential lot to another lot
if it is one-story in height and less than or equal to 24 feet wide.
b. No license is required to move a building within the confines of a lot, or contiguous lots
under single ownership, when it is not necessary to move the building over public
property or property belonging to another person.
City Council Packet
May 11, 2010
75
Sec. 22-252. Chapter 26 of this Code applicable.
The provisions of Chapter 26 of this Code, insofar as such provisions may be applicable and not
in conflict, shall apply to and govern the issuance of any license under the provisions of this
article.
Sec. 22-253. Insurance coverage.
The applicant for a housemoving license shall file with the city clerk a certificate of insurance
that indemnifies the public against loss by negligence of the applicant or its agents in amounts
set from time to time by resolution of the city council. The form and content of such policy
shall be approved by the city manager and the policy shall be issued by an insurance company
approved by the city manager. The applicant, if a license is granted, shall conform to all
requirements which are established by the city and shall promptly repair and make good to the
satisfaction of the city manager all damage to any pavement, sidewalk, crosswalk, hydrant,
street, alley or other public property which results from moving any building or in connection
with the moving thereof; and that the licensed housemover will indemnify and save harmless
any person by reason of negligence of the licensed housemover or applicant, or applicants'
employees or agents, in connection with the moving of any building or the use of any public
street or ground for that purpose.
Sec. 22-254. Issuance.
A license required under this division shall be issued only upon approval of the application
therefore by the city council.
Secs. 22-255 – 22-290. Reserved.
II.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading: May 11, 2010
Second Reading and Adoption:
Published:
CITY OF BROOKINGS
___________________________
Tim Reed, Mayor
ATTEST:
_____________________________________
Shari Thornes, City Clerk
City Council Packet
May 11, 2010
76
MOVING PERMIT APPLICATION
FEE $200.00________
DATE__________________
APPLICANT PHONE
MOBILE
ADDRESS
ADDRESS OF STRUCTURE TO BE MOVED
ADDRESS WHERE STRUCTURE IS TO BE MOVED TO
LEGAL DESCRIPTION
NAME OF MOVING COMPANY PHONE
MOBILE
TYPE OF BUILDING
DIMENSIONS:________ WIDTH_________ LENGTH________ HEIGHT(when loaded) ________SQ. FT
TRAVEL ROUTE ATTACHED? __________YES ___________NO
DATE AND TIME OF MOVE
REQUIRED APPROVALS (when applicable) INITIALS DATE
POLICE DEPT.
FIRE DEPT.
STREET DEPT.
BROOKINGS MUNICIPAL UTILITIES (water, sewer, electric, telephone)
MEDIACOM
NORTHWESTERN ENERGY
ENGINEERING DEPT.
PARKS DEPT.
IS EITHER PROPERTY IN AN HISTORIC DISTRICT? ___________YES___________NO
HAS FOUNDATION PERMIT BEEN ISSUED? _________. FOUNDATION IN PLACE? ___________
Applicant hereby certifies that the above information is correct and that all ordinances, rules and regulations of the
City of Brookings will be complied with.
____________________________________ _______________________
Signature Date
Permission is granted to move the above described building over the route submitted in said application.
___________________________________ ________________________
Signature & Title Date
City Council Packet
May 11, 2010
77
Current House Moving regulations
ARTICLE IV. HOUSE MOVING*
DIVISION 1. GENERALLY
Secs. 22-201--22-220. Reserved.
DIVISION 2. PERMIT
Sec. 22-221. Moving, raising, changing, severing utilities lines and fixtures.
(a) Application. Whenever any licensed house mover makes application for a permit from the
city engineer describing the route over which any building is to be moved, and shall make an
application to have any electrical light or power lines, electrical fixtures or telephone wires
belonging to the city, raised, changed, severed or removed in such manner as to permit the
moving of such building or any portion thereof, the city engineer shall determine the number of
electrical fixtures and telephone wires to be raised, cut, changed, severed or removed.
(b) Charges. The licensed house mover shall pay to the city such charges as shall be
determined by Brookings Municipal Utilities for each electrical light or power line, electrical
fixture or telephone wire to be raised, cut, changed, severed or removed. Such charges shall be
based upon the actual costs incurred by the municipal utilities.
(c) Cost of labor. The electric department shall provide labor necessary to raise all wires which
need not be cut or severed, and a charge, as determined by the utilities board, shall be made
for such labor.
(d) Deposit. A deposit based upon an estimate of the city engineer of the time required for
labor in raising wires, or the charges for severing and repairing wires, cables, drops and/or
guying, shall be made to the city clerk by the house mover prior to moving a building or
structure, and all deposits which are not earned shall be refunded.
(Code 1996, §§ 10-32--10-35)
State law references: Notice to utility when moving building, SDCL 49-32-3.
Sec. 22-222. Protection of trees.
(a) Generally. No person shall move any building or structure along any street, avenue, public
place or alley in such manner as to interfere with or injure any tree in any public area except as
provided in this section.
(b) Charges; deposit. Upon receipt of an application for a permit to move any building or
structure within the city, the city engineer and the director of parks and recreation shall
determine the number of trees along the proposed route for such moving which will require
trimming for clearance. The applicant shall deposit with the city a deposit as estimated by the
city engineer and the director of parks and recreation which is sufficient to cover the possible
cost to the city in repairing damage to trees caused by the mover during such move. Charge for
repair shall be made at the current city hourly labor rate, plus equipment costs, and ten percent
for both the labor of the city employee and equipment.
(c) Supervision of work. If it is necessary to trim or move any tree along any street, avenue,
public place or alley within the city in connection with the moving of any building or structure,
all such work shall be done under the supervision and control of the director of parks and
City Council Packet
May 11, 2010
78
recreation at the expense of the person moving such building or structure. Trimming shall be
done in accordance with the pruning standards.
(d) Replacement. If a tree is removed or severely damaged or dies as a result of trimming or as
a result of the moving of a building or other structure, the permittee shall pay to the
department of parks and recreation the cost for each replacement tree which is necessary.
(e) Refund. All sums deposited with the city for the protection of trees along the route to be
used to move the building or structure and which are not earned by the city shall be refunded
to the permittee.
(Code 1996, §§ 10-36--10-40)
Sec. 22-223. Limitation on size of structure to be moved.
No moving permit shall be issued or approved by the city engineer unless it is determined that
the structure, when loaded, will clear all obstructions along the proposed route of travel.
(Code 1996, § 10-41)
Sec. 22-224. Notice of application.
Except as provided in this division, no moving permit shall be issued until a hearing on the
moving permit is held by the city council, the notice of application for a moving permit shall be
published in an official newspaper at least five days prior to the date when such application shall
be considered by the city council and by mailing a copy of the notice to owners of real estate
adjoining the real estate upon which the building or structure is to be moved. The notice shall
state the time and place of the hearing and, in general terms, a description of the building to be
moved and the location where the building will be moved. All requests for moving permits shall
be accompanied by a deposit in the amount established by resolution which shall be used to
defray administrative expenses. A majority affirmative vote of the city councilmembers who are
present at the meeting is required for issuance of a moving permit.
(Code 1996, § 10-42)
Sec. 22-225. Injury to property.
Nothing contained in any license or permit which is granted pursuant to this article shall be
construed to authorize the holder thereof to break, injure or move any telephone or electric
line, wire or poles or in any way to injure any trees or other property without the permission
of the owner thereof.
(Code 1996, § 10-43)
Sec. 22-226. Obstructing streets.
No building or part of any building shall be allowed to stand still in any public street or on any
public property in the city for more than 24 consecutive hours without prior approval.
(Code 1996, § 10-44)
Secs. 22-227--22-250. Reserved.
DIVISION 3. LICENSE
Sec. 22-251. Required.
No person except a licensed house mover or mobile home and manufactured home dealer or
manufacturer shall remove or move from one lot to another any building or part of a building
City Council Packet
May 11, 2010
79
having a width of 14 feet, a length of 60 feet or a height of 16 when loaded, or larger, within the
limits of the city.
(Code 1996, § 10-52)
Sec. 22-252. Chapter 26 of this Code applicable.
The provisions of chapter 26 of this Code, insofar as such provisions may be applicable and not
in conflict, shall apply to and govern the issuance of any license under the provisions of this
article.
(Code 1996, § 10-53)
Sec. 22-253. When not required.
The provisions of this division shall not apply to moving a building within the confines of a lot or
contiguous lots when not necessary to move the building over public property or property
belonging to another person.
(Code 1996, § 10-54)
Sec. 22-254. Insurance coverage.
The applicant for a housemoving license shall file with the city clerk a certificate of insurance
which indemnifies the public against loss by negligence of the applicant or its agents in amounts
set from time to time by resolution of the city council. The form and content of such policy
shall be approved by the city manager and the policy shall be issued by an insurance company
approved by the city manager. The applicant, if a license be granted, shall conform to all
requirements which are established by the city and shall promptly repair and make good to the
satisfaction of the commissioner-in-charge of streets and alleys all damage to any pavement,
sidewalk, crosswalk, hydrant, street, alley or other public property which results from moving
any building or in connection with the moving thereof; and that the licensed housemover will
indemnify and save harmless any person by reason of negligence of the licensed housemover or
applicant, or applicants' employees or agents, in connection with the moving of any building or
the use of any public street or ground for that purpose.
(Code 1996, § 10-55)
Sec. 22-255. Issuance.
A license required under this division shall be issued only upon approval of the application
therefor by the city council.
(Code 1996, § 10-56)
Secs. 22-256--22-290. Reserved.
City Council Packet
May 11, 2010
80
Second Readings / Public Hearings
12. Public hearing and action on a house moving request from James
and Diane Olson to move a ranch-style house from Carlson
Homes in Watertown, SD to the property described as Lot 3,
Block 4, Bluegill Addition, also known as 2237 17th Avenue South.
Proposal: This request is to move a new ranch home which was built by Carlson
Homes of Watertown, SD to a residential lot, namely Lot 3, Block 4, Bluegill Addition,
otherwise known as 2237 17th Avenue South.
Background: James Olson has applied to move a newly built ranch home to the
Bluegill Addition. The home is new construction by Carlson Homes in Watertown, SD
Specifics: Lot 3, Block 4, Bluegill Addition has a lot size of 100’ wide x 121’ deep.
The ranch-style home is 40’ x 32’ with a 24’ x 6’ front porch, 16’ x 14’ sun porch and a
36’ x 24’ attached garage. The home will comply with the zoning requirements and
setbacks.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
May 11, 2010
88
Second Readings / Public Hearings
13. Ordinance No. 17-10: an Ordinance Amending Section 58-165 of
the Code of Ordinances of the City of Brookings, South Dakota
and pertaining to Loud and Raucous Noise in the City of
Brookings, South Dakota.
Staff received a request from Downtown Brookings, Inc. to amend the current Loud and
Raucous Noise Ordinance. The intent of the ordinance amendments is to create a
consistent process for seeking exceptions to the loud and raucous noise ordinance as
well as creating and enhancing the atmosphere and experience of Downtown Brookings.
There are two parts to the request. The first part pertains to section 58-165 (c)(2)
Yelling, shouting, and prolonged sounds made by people. The current ordinance
requires all loud and raucous noise to cease at 9:00 pm on any day of the week. The
proposed amendment would change the time from 9:00 pm to 10:00 pm. The
ordinance would apply city-wide.
The second part of the amendment pertains to creating an exception to the Loud and
Raucous Noise Ordinance specifically for the Business B-1 Central District and three
adjacent properties. The original request sought to allow activities to be exempt from
the loud and raucous noise ordinance until midnight on Friday and Saturday. Staff
discussed the request and propose a language amendment that mirrors language in 58-
165 (d)(3), with the exception to include private property within the designated
boundary provided a noise ordinance permit has been issued by the City of Brookings.
The accompanying maps provide a visual description of the proposed boundary
exception along with buffer distances in 50 foot increments up to 150 feet from the
boundary. The proposed noise boundary has also been overlaid on the zoning map to
provide a visual aid of the land uses that are potentially impacted.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
May 11, 2010
89
Ordinance No. 17-10
An Ordinance Amending Section 58-165 of the Code of Ordinances of the
City of Brookings, South Dakota and pertaining to Loud and Raucous Noise in the
City of Brookings, South Dakota.
Be it ordained by the Governing Body of the City of Brookings, South Dakota that Chapter 58,
Offenses and Miscellaneous Provisions, of the Code of Ordinances, shall be amended as follows:
Section 1.
Sec. 58-165. Loud and Raucous Noise.
(c) (2) Yelling, shouting, and prolonged sounds by people. Yelling, shouting, whistling or singing,
or any prolonged sounds made by people at any time or place so as to create a loud and
raucous noise between the hours of 9:00 10:00 p.m. and 7:00 a.m. on any day of the week.
(d) Exceptions. The term “loud and raucous noise” does not include noise or sound generated
by the following:
(5) Activities within the Business B-1 Central District and properties described below,
provided such activities have been authorized by the owner of such property or facilities or
its agent and a noise ordinance permit application has been issued by the City of Brookings.
Lots 8-14, Block 5 Original Plat Addition
Block 3, Henry’s Addition
Lot 101, Block 1, First Addition
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2010
Second Reading: May 11, 2010
Published:
CITY OF BROOKINGS
_____________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
4TH ST
5TH ST
7TH ST
5TH AVEMAIN AVE2ND AVE3RD ST
1ST ST S3RD AVE6TH AVE6TH ST / US Hwy 14
FRONT ST
2ND AVE S2ND ST
MAIN AVE S6TH AVE3RD AVEFRONT ST
/
Legend
50 ft
100 ft
150 ft
Noise Boundary
5TH ST
4TH ST
7TH ST
5TH AVEMAIN AVE2ND AVE1ST ST S
3RD ST3RD AVE6TH AVE6TH ST / US Hwy 14
FRONT ST
2ND AVE S2ND ST
MAIN AVE S6TH AVE3RD AVEFRONT ST
B-1
B-2
PDD
I-2
R-2
I-1R-3A
B-2A
B-3
50 ft 100 ft150 ft
150 ft100 ft50 ft
City Council Packet
May 11, 2010
92
Second Readings / Public Hearings
14. Ordinance No. 18-10: an Ordinance pertaining to an Application
for a Conditional Use for a Contractors Shop and Storage Yard in
the Business B-3 District, Lot 10, Block 4, Folsom Addition, also
known as 147 3rd Avenue South.
Applicant: Rob Boniface
Proposal: Establish a contractors shop and equipment lot
Background: This block is in the Business B-3 District. Uses consist of a large equipment
rental store and display lot, smaller businesses, a house, and other contractors’ services.
The block across the street to the west is zoned for high-density residential uses.
The standards for this conditional use are listed below. These standards are the
minimum requirements necessary for this application to be heard. The impact of this use
on neighboring properties should be a major consideration by the Commission.
Sec. 94-266. Contractor Shop and Storage Yard:
Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be
localized in an area on the lot which will minimize the impact upon adjacent uses. Any
lighting of the storage yard should be done in a way that will not cause a glare onto
residential properties.
Specifics: The proposal involves the construction of a 30’ x 72’ compart-mentalized
storage building. The area between the building and the alley would be used for storing
equipment that is used on a daily basis. The lot is quite small so an extensive operation
would not be practical.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the conditional use subject to the condition stated in the ordinance.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
May 11, 2010
93
Ordinance No. 18-10
An ordinance pertaining to an application for a Conditional Use for a Contractors
Shop and Storage Yard in the Business B-3 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a Contractors Shop and Storage Yard on Lot 10, Block 4,
Folsom Addition with the following conditions:
1. The Conditional Use shall only be granted to the applicant
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2010
Second Reading: May 11, 2010
Published:
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
City Council Packet
May 11, 2010
94
Planning Commission
Brookings, South Dakota
April 6, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to
order on April 6, 2010, at 7:00 PM in the Community Room at City Hall. Members present
were Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, Dave Kurtz, and Gregg. Al
Heuton, Larry Fjeldos, and John Gustafson were absent. Others present were Jim Weiss, Rob
Boniface, Community Development Director Mike Struck, and Planning and Zoning
Administrator Dan Hanson.
Item #4 – Robert C. Boniface has submitted an application for a Conditional Use to establish a
contractors shop and storage yard on Lot 10, Block 4, Folsom Addition
(Cameron/Fargen) Motion to approve the Conditional Use.
(Cameron/Kurtz) Amendment to the motion to add the following condition:
1. The Conditional Use shall only be granted to the applicant.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Boniface stated his contracting business involved primarily roofing jobs. He needed
inside storage space for his materials and an outside storage area for trailers.
Kurtz asked if there would be an office. Boniface replied no. Fargen asked if the lot
would be surfaced. Boniface answered that it would be gravel at first with asphalt or concrete
in the future. DeKraai inquired about increased traffic. Boniface felt it would be minimal
because workers would travel to on-site locations. Cameron asked if all storage would be kept
inside. Boniface responded that that was the plan. Hanson noted that outside storage must be
screened according to the zoning ordinance, but equipment used in the daily operation would
not be required to be screened. If storage occurs on the site, a perimeter, privacy type fence
would be required. Boniface indicated he understood the requirement.
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99
Other Business
15. Action on an Agreement renewal between the City of Brookings
and the Brookings Chamber for Chamber Activities and Visitor
Promotion.
Attached is a proposed contract between the City of Brookings and the Brookings Area
Chamber of Commerce and Convention & Visitors Bureau. The current contract is set
to expire next month. The attachment is an edited version so you can see the changes
from the expiring document. It was reviewed by Chamber Executive Director Al
Heuton and myself. As you can see, much of the language may have been pertinent a
few years ago but is no longer necessary.
The contract for services needs to identify revenue for the services which is described
in Attachment A. This prescribes a funding level which remains constant from our
“BBB” revenue source. However, we should expect the Chamber/CVB to ask for an
increase from the 2011 operating budget, but any increase in funding should go through
the subsidy application as part of the budget process as opposed to being done
concurrently with a contract renewal. Approval of this document does not necessarily
prevent you from considering an adjustment to the support level when we are preparing
the budget.
The $50,000 event coordination is paid to the Chamber through the Visitor Promotion
Committee for support services; which is included in our appropriation to that
committee. It is not an additional amount.
Staff recommends approval of the contract renewal.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
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May 11, 2010
100
City of Brookings - Brookings Chamber Agreement
for Chamber and Convention Visitors Bureau Activities
_____________________________________
This Agreement is entered into by and between the City of Brookings, a municipal corporation,
hereinafter referred to as "City", and the Brookings Area Chamber of Commerce &
Convention Bureau, a South Dakota non-profit corporation, hereinafter referred to as the
“Chamber”. The “Convention and Visitors Bureau” of the Chamber is sometimes referred to
as the “CVB”.
RECITALS
WHEREAS the City is authorized by the laws of South Dakota to expend public funds to
promote the general resources of the City of Brookings for the purpose of improving its
economic well-being, and has historically funded such programs, and
WHEREAS the City desires to continue its program to continually promote Brookings to
prospective visitors, students and their parents, and the workforce personnel that area
employers are interested in recruiting; and
WHEREAS the City also desires to support programs organized to maximize the visitor
attraction potential of the Swiftel Center, Performing Arts Center, Larson Ice Center, Fishback
Soccer complex and the Southbrook Diamonds; various public and private visitor
facilities, and
WHEREAS the City also desires to promote and support SDSU athletic, cultural, educational
and recreational programs, including programs developed by SDSU students; and
WHEREAS, the City also desires to support programs organized to strengthen relationships
between the community, its employers and the area's agricultural producers, to help citizens
prepare themselves for public service and leadership, to help citizens prepare themselves for
future change, to assist prospective entrepreneurs prepare themselves for entering business,
and to strengthen the community's ability to retain its young people; and
WHEREAS the Chamber is a non-profit corporation capable of providing the support
programs desired by the City. the City with professional services to propose, implement,
and carry out such programs, including the visitor promotion programs traditionally provided
by the CVB, and desires to enter into this agreement with the City for such purposes; and
WHEREAS this Agreement includes the agreements of the parties concerning Chamber
activities which were previously addressed in separate agreements;
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101
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOREGOING
RECITALS AND AS FOLLOWS:
1. Previous Agreements Superseded. This Agreement is intended to include, in addition to
additional terms, all of the terms and provisions set forth in that certain City of Brookings-
Brookings Chamber Agreement for Visitor Promotion dated July 1, 2005, and the City of
Brookings-Brookings Chamber Agreement for Chamber Activities and Visitor Promotion dated
February 14, 2006. Accordingly, this Agreement is intended to update and supersede the
abovementioned Agreements referred to in this Section.
2. Term of Agreement. This agreement shall be for an initial term commencing on the date this
Agreement is executed by both parties and ending on June 30, 2015, and shall be automatically
renewed from year to year thereafter, unless terminated as hereinafter provided. The parties
agree this Agreement shall be reviewed annually within the first quarter of the calendar year,
beginning in 2011, by the following parties: the City Manager, the Chamber Board of Directors,
and the CVB Chamber Executive Director. Amendments may be made following such reviews
and at other times by mutual agreement of the parties.
3. Coordination with the City concerning Chamber and Convention and Visitors Bureau
Activities. The Chamber shall maintain close communication with the Brookings City Manager
(referred to herein as the “City Manager”) and/or designated department heads, and with the
City Council with respect to the Chamber's implementation of its annual program. The
Chamber shall report to the City Manager and City Council in such form and frequency as shall
be mutually agreeable, said report to cover the activities during the preceding period,
anticipated activities during the succeeding period, and any proposed variations of the
previously approved annual program involving the expenditure of funds. Any such changes in
the annual program will be reviewed by the City Manager, and if warranted, approved by the
City Council. Conversely, any changes requested by the City shall be submitted to and
approved by the Chamber's Board of Directors. The City shall retain exclusive control of the
expenditure of public funds to carry out the purposes of this agreement, and the City shall not
be liable for any expenditure of funds not approved by the City Council.
4. Professional Services of the Chamber. Upon acceptance of this agreement, the City employs
the Chamber to promote, encourage, unite and advance area agricultural, commercial,
educational, hospitality, industrial, recreational, civic interests and businesses. For these
purposes, the Chamber will maintain adequate staffing levels to provide the following specific
services for the City: the services described in Attachment A to this agreement,
Initial Budget and Scope of Work.
a. Maintain and disseminate community information, tailored when necessary to meet specific
requests, that will assist prospective convention and tournament groups, leisure travelers and
residents in their research on the area's quality of life;
b. Maintain and disseminate community information, tailored when necessary to meet specific
requests that will assist prospective residents in their research on the area's quality of life;
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102
c. Maintain and disseminate demographic information, tailored to meet specific requests, that
will assist hospitality and entertainment enterprises in their research on the area's market
characteristics and business climate;
d. Maintain and disseminate demographic information, tailored to meet specific requests, that
will assist small commercial enterprises in their research on the area's market characteristics
and business climate;
e. Prepare and submit formal bids for conventions, conferences and athletic tournaments whose
venue and housing requirements are within the community's capabilities and work to
strengthen the hospitality experience of groups who come to Brookings for conventions,
conferences and tournaments, and strengthen the probability that such groups will return;
f. Encourage employers to increase their employment of interns in ways that will strengthen
student interest in remaining in the area following graduation;
g. Organize informative programs on the area's economic strengths, weaknesses, opportunities
and threats to foster public - private partnerships that will identify actions needed to encourage
employment expansion;
h. Organize recognition programs to acknowledge the citizenship, leadership and contributions
of educators, major employers, agricultural producers, public officials and others to foster
greater citizen awareness of such contributions to the general welfare of the community;
i. Organize annually a formal leadership development program, and provide the City with the
interest areas of the participants to encourage greater volunteer participation in city
government.
j. Provide assistance to the Visitor Promotions Committee as more fully discussed in this
Agreement.
5. Convention/Visitors Bureau to assist Visitor Promotions Committee. The Brookings Area
Convention/Visitors Bureau will provide assistance to the Visitor Promotions Committee. In
particular, the Director of the Brookings Area Convention/Visitors Bureau (“CVB”) will serve
as an ex-officio member of the City’s Visitor Promotions Committee and will work closely with
and provide assistance to the Visitor Promotions Committee.
In addition, a Community Events Coordinator is now employed to perform substantial services
for the Visitor Promotions Committee. Provided funding for the position by the City continues,
the Chamber shall employ the Community Events Coordinator and will train, supervise and
perform all employment-related duties concerning the Community Events Coordinator
position.
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103
6. Convention and Visitors Bureau. The Chamber shall prepare and recommend to the City a
Convention and Visitors Bureau program designed to accomplish the applicable purposes set
forth above. The program shall include the details of the methods to be used to achieve
conventions, the financial resources needed, and such other information as the Chamber or the
City may deem appropriate. The Chamber may, from time to time, recommend changes in the
program, which changes shall be subject to the approval of the City Manager before they
become effective.
7. Development Program for Chamber Activities. The Chamber shall also prepare and
recommend to the City information, recognition and leadership development programs
designed to accomplish the applicable purposes set forth above. The program shall include a
detailed statement of the manner and method whereby such purposes will be accomplished, the
number of full and part-time personnel to be involved, and such other information as the
Chamber or the City may deem appropriate. The program shall include an annual budget to
finance the program. The Chamber may, from time to time, recommend changes in the
program, which changes shall be subject to the approval of the City Council before they
become effective.
8. Reporting Procedures. The Chamber shall maintain adequate records of the services
performed and expenses incurred in carrying out its programs. The City shall have the right to
examine such records at all reasonable times. Progress reports and reviews by the City may be
requested by the City as agreed upon under the terms of the programs. The Chamber shall
provide the City with a complete annual financial report prepared by a certified public
accountant following acceptance of the report by the Chamber Board.
9. Budget and manner of funding. The Chamber shall submit to the City Manager, at least
annually, a proposed budget that has been officially adopted by the Chamber's Board of
Directors, for the implementation of its programs. The Budget shall be in such detail and in the
format as specified by the City.
10. Payments by the City for Chamber Activities. The City agrees to pay one-twelfth of the
annual amount each month for the services the Chamber provides under this agreement. It is
expressly understood that the City is obligated to pay the Chamber only, and that the City shall
not be obligated to pay anyone else for any expenses incurred by the Chamber in carrying out
the terms of this contract. The City retains the right to unilaterally adjust its
commitment as described in Attachment “A” as necessary to due unforeseen
budget constraints. (Proposed by Jeff Weldon)
11. City's Responsibility. The City agrees that it will make available to the Chamber through
the various city offices such public information and public services as may be available and
pertinent to the Chamber's demographic research programs, event, promotion, marketing and
research efforts.
12. Independent Contractor. The Chamber is deemed by the parties hereto to be an
independent contractor, and any and all officers and employees of the Chamber, while engaged
in the performance of any work or services required by this agreement, shall be considered
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104
officers and employees of the Chamber only and not of the City. Any and all claims that may
arise under South Dakota's workers compensation laws on behalf of said officers and
employees while so engaged shall be the sole responsibility of the Chamber. All claims made by
any third party because of any act or omission on the part of the Chamber, its officers,
employees and agents, while so engaged in any work or services under this agreement, shall be
the sole responsibility of the Chamber. The Chamber shall acquire, maintain, and provide the
City evidence of workers compensation and public liability insurance during the full term of this
agreement, including its renewals, if any.
13. Scope of Authority. It is expressly understood that the Chamber and its officers,
employees, or agents are not, except as described herein, authorized and shall not represent
themselves as being authorized to enter into any contract on behalf of or otherwise obligate
the City to any person, corporation, partnership or association for the expenditure of public
funds. The Chamber may contractually obligate future CVB funds as incentives to organizations
as part of its work to promote Brookings as the site for their respective events. Subject to this
limitation, the Chamber and its officers, employees and agents shall encourage on behalf of the
City, citizens and groups from throughout the region to visit Brookings for athletic, educational,
recreational, professional development, and organization development purposes. In addition,
the Chamber and its officers, employees and agents shall encourage on behalf of the City
workforce and student in-migration through both written and on-line publications, graduate
retention through internships and close cooperation with economic development officials,
citizen-preparation for community service roles through the design and implementation of a
comprehensive leadership development program, and strengthened employer, education and
agricultural producer relationships through various recognition and appreciation functions.
14. Termination. Any party to this agreement may terminate this agreement at the end of any
City of Brookings fiscal year (the calendar year), with or without cause, by giving written notice
of such termination to the other party at least ninety (90) days prior to the end of the City's
fiscal year. If this agreement is terminated under this provision, the City shall reimburse the
Chamber according to the terms hereof to the date of such termination. In the event that the
City's requests for increased services had resulted in the Chamber's hiring of additional sales,
marketing or clerical employees, and such cancellation results in the termination of that/those
employee(s), the City shall further reimburse the Chamber for all reasonable and direct
costs agreed upon by both parties (requested by Jeff Weldon) to which the Chamber
may have obligated itself in the faithful performance of this agreement, including any additional
Unemployment Compensation premiums resulting from employee terminations.
15. Amendments. This agreement may be amended or supplemented from time to time by
action of the parties hereto.
Dated this ___ day of ________. 2010 February, 2007 CITY OF BROOKINGS, SOUTH
DAKOTA
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May 11, 2010
105
_________________________________
Tim Reed, Mayor
City of Brookings
ATTEST:
_____________________________________
Shari L. Thornes, City Clerk
Dated this ___ day of ________, 2010 BROOKINGS AREA CHAMBER OF
COMMERCE & CONVENTION BUREAU
__________________________________________________________
Daniel E. Little, President
Brookings Area Chamber of Commerce & Convention Bureau
ATTEST:
____________________________________________
Al Heuton, Executive Director
Brookings Area Chamber of Commerce & Convention Bureau
**************************
Attachment A, Initial Budget and Scope of Work
The Chamber/City contract covers three areas of funding. These include Chamber activities
($25,000), Convention and Visitor Bureau activities ($150,000), and the provision of technical
assistance/services to the Visitor Promotions Committee (VPC) ($50,000).
The Chamber of Commerce is proposing that the requested City funds would be used to
support salaries, overhead and direct costs associated with the following scope of work:
Chamber (General Programs) ($25,000)
1. Conducting the Leadership Brookings program and institute a Leadership Mentoring
Program
2. Government Affairs – Legislative forums and Brookings/SDSU Day at the Capitol
3. Fulfillment Program – preparing and disseminating information to future residents,
visitors and the general public responding to requests for information generated from
promotional programs operated by the Chamber through its various programs
(Chamber general, CVB, Events), and other promotional efforts initiated by BEDC, or
local event organizers.
Chamber (CVB Program) ($175,000)
1. Marketing and Promotion Program – of events, facilities and tourist sites to tourists
and visitors.
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106
2. Recruitment Program – recruit conventions, conferences, events and tournaments
3. Fulfillment Program – referrals regarding meeting, lodging and dining services.
4. Facilitation Program – facilitate and provide assistance to recruited conventions,
conferences, events and tournaments. (Coordinated with Chamber fulfillment
activities. Joint Visitor, Relocation and Chamber directory guide, for example.)
5. Grant Implementation/Management – receive additional support from the Visitor
Promotion Committee to recruit conferences and tournaments.
Chamber (Events Program) ($50,000)
1. Planning & Programming – prepare and conduct an annual planning and programming
strategy session with the Visitor Promotions Committee.
2. Budgeting – prepare a budget recommendation for the VPC, receive the budget
funding, and manage the VPC budget.
3. Administer VPC Grant Program – (a) solicit, receive, review, evaluate and prepare
grant award recommendations to the VPC. (b) monitor and evaluate grant recipient
projects. (c) disburse grant awards.
NOTES:
1. Branding – services to be determined when City decisions are made regarding desired
outcomes and services.
2. The contract with the City regarding Visitor Promotions Committee (VPC) services is
viewed as a contract for services, not a contract for one dedicated staff person. To
fulfill the requirements of this contract the Chamber will provide the following:
a. The Community Events Coordinator (CEC) will serve as the lead administrative
contact/service provider for the VPC.
b. The CVB Director will serve as the lead tournament/convention recruiter.
c. The CVB Director and CEC will function as a team to secure and host
tournaments and conventions.
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May 11, 2010
107
Other Business
16. Draft Storm Water Ordinance.
The Draft Ordinance for Storm Water Phase II Regulations has been prepared for
discussion purposes. Jackie Lanning, City Engineer, will be available to present the Draft
Ordinance and answer any questions. The Draft Ordinance will require further review
by the City Attorney and may be modified before it is presented in the final form.
Background:
On April 27, 2010, Al Spangler, Natural Resources Project Engineer from the Surface
Water Quality Department of the South Dakota Department of Natural Resources
(SDDENR) in Pierre, gave a presentation regarding the Storm Water Phase II
regulations. All small Municipal Separate Storm Sewer Systems (MS4s) are required to
develop and implement a Storm Water Management Program. The program must
address at a minimum, the following areas:
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.
The Phase II regulations require each MS4 community to adopt ordinances that will
regulate pollutants such as illicit discharge, construction site storm water runoff control
and post-construction storm water management. The City of Brookings has adopted
subdivision regulations along with the Storm Drainage Design and Technical Criteria
Manual, which meet part of the ordinance requirement. However, additional ordinances
need to be adopted to meet SDDENR minimum guidelines. This discussion will provide
a review of the draft ordinance.
The following timeline is proposed to adopt the new ordinance:
May 11, 2010: City Council to review draft ordinance for Storm Water Phase II
May 25, 2010: 1st Reading on the Storm Water Phase II Ordinance
June 8, 2010: 2nd Reading on the Storm Water Phase II Ordinance
A press release has been issued for this work session. Since this will affect individual
building projects, Brookings homebuilders and developers were sent a notice of this
work session by first class mail.
City Council Packet
May 11, 2010
108
DRAFT
Ordinance No. 21-10
An Ordinance Amending Chapter 72 of the Code of Ordinances of the City of
Brookings and Pertaining to Storm Drainage and Providing Requirements for
Storm Water Discharges, Construction Site Runoff Erosion and Sediment Control
and Post-Construction Site Storm Water Runoff Control
Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota,
that the Code of Ordinances be amended as follows:
ARTICLE I. IN GENERAL
Sec. 72-1. Title.
These regulations may be referred to as the “Storm Drainage Ordinance” for the City of
Brookings and the area of extraterritorial jurisdiction.
Sec. 72-2. Purpose.
The City of Brookings is a Phase II Storm Water Community which is regulated by the State of
South Dakota for compliance with the Federal Clean Water Act. The purpose of this
regulation is to safeguard persons, protect property, and prevent damage to the environment in
Brookings; and;
This ordinance will also promote the public welfare by guiding, regulating, and controlling the
design, construction, use, and maintenance of any development, or other activity that disturbs
or breaks the topsoil or results in the movement of earth on land in Brookings. During the
construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil
endangers water resources by reducing water quality and causing the siltation of aquatic habitat
for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches
and the dredging of lakes. In addition, clearing and grading during construction causes the loss
of native vegetation necessary for terrestrial and aquatic habitat.
Sec. 73-3. Authority.
In accordance with the South Dakota Water Pollution Control Act and the Administrative
Rules of South Dakota (ARSD) Chapters 74:52:01 through 74:52:11 and any other authority
provided by law or as such statutes may be amended, the city does hereby exercise the power
and authority in the city and for land in the area of extraterritorial jurisdiction.
Sec. 74-4. Definitions.
The following words and phrases shall be as defined below:
Best Management Practices (BMPs) – schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the discharge
of pollutants to waters of the state. BMPs also include treatment requirements, operating
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109
procedures, and practices to control construction site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Clearing - Any activity that removes the vegetative surface cover.
Concrete Washout - any wash waters derived from the cleaning of concrete trucks and/or
equipment.
Control Measures - any Best Management Practice or other method used to minimize
erosion and sedimentation, and thereby minimize the discharge of pollutants to waters of the
state.
Detention Basin - A structure or facility, natural or artificial, which stores stormwater on a
temporary basis and releases it at a controlled rate.
Discharge – the addition of any pollutant or combination of pollutants to surface waters of the
state from any point source. Construction sites disturbing one or more acres are point
sources. Therefore, any water flowing off the construction site constitutes a discharge and must
be covered by a Surface Water Discharge permit.
Disturbed Area - An area of land subjected to erosion due to the removal of vegetative
cover and/or earthmoving activities, including filling.
Drainage Way - Any channel that conveys surface runoff throughout the site.
Fill Material - Soil, sand, gravel, clay, or any other non-polluting material which displaces soil
or water or reduces water retention potential in a lake, pond, creek, or wetland.
Final Stabilization means one of the following:
1. All soil disturbing activities at the site have been completed and a uniform perennial
vegetative cover with a density of 70% of the native cover for unpaved areas and areas
not covered by permanent structures has been established, or equivalent permanent
stabilization measures (such as the use of gravel, riprap, gabions, or geotextiles) have
been employed; or
2. When background native vegetation will cover less than 100 percent of the ground (e.g.,
arid areas, beaches), the 70 percent coverage criteria is adjusted as follows: if the native
vegetation covers 50 percent of the ground, 70 percent of 50 percent (0.70 X 0.50 =
0.35) would require 35 percent total cover for final stabilization. On sites with no
natural vegetation, no vegetative stabilization is required.
3. For construction projects on land used for agricultural purposes, final stabilization may
be accomplished by returning the disturbed land to its pre-construction agricultural use.
Areas disturbed that were not previously used for agricultural activities, such as buffer
strips immediately adjacent to “waters of the state,” and areas that are not being
returned to their pre-construction agricultural use shall meet the final stabilization
criteria in (1) or (2) above.
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110
Flood - An overflow of surface water onto lands not normally covered by water.
Floodplain - The area of land adjoining a lake or stream which is inundated when the flow
exceeds the capacity of the normal channel. For mapping purposes, floodplains are designated
according to the frequency of the flood event, such as the 100-year floodplain or the 500-year
floodplain.
General Storm Water permit - is the South Dakota Department of environment and
Natural
Resources (SD DENR) general National Pollutant Discharge Elimination System (NPDES)
construction storm water permit covering anyone conducting a land disturbing activity which
disturbs 1 or more acres of land.
Grading - Any stripping, clearing, stumping, excavating, filling, stockpiling, or any combination
thereof, including the land in its excavated or filled condition.
Infiltration - The downward movement or seepage of water from the surface to the subsoil
and/or groundwater. The infiltration rate is expressed in terms of inches per hour.
Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain
system, except as exempted in Section X of this ordinance.
Illicit Connections - means either of the following: Any drain, conveyance, or component of
MS4 (as defined below) whether on the surface or subsurface, which allows an illicit discharge
to enter the storm drain system including but not limited to any conveyances which allow any
non-storm water discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor drains and
sinks, regardless of whether said drain or connection had been previously allowed, permitted,
or approved by an authorized enforcement agency.
Infiltration - the process of percolating storm water into the subsoil.
Jurisdictional Wetland, “or wetland” - an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support a prevalence of
vegetation typically adapted for life in saturated soil conditions, commonly known as
hydrophytic vegetation.
Land Disturbance Activity – is any land change that may result in soil erosion from wind,
water and/or ice and the movement of sediments into or upon waters, lands, or rights-of-way
within the City of Brookings, including but not limited to building demolition, clearing and
grubbing, grading, excavating, transporting and filling of land.
Larger Common Plan of Development or Sale - a contiguous area of one or more acres
where multiple, separate, and distinct construction activities are planned to occur at different
times on different schedules under one plan. Commonly referred to as a “development”.
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111
Manual of Standards – is a compilation of technical standards and design specifications
adopted by the City of Brookings Engineering Department as being proven methods of
controlling construction related surface runoff, erosion and sedimentation. The reference
material at this time is the SDDOT Manual on Erosion and Sediment Control and Storm Water
Management – 2007
MS4 or Municipal Separate Storm Sewer System - is defined at 40 CFR §122.26(b)(8) to
mean a conveyance or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned and operated by a state, city, town, borough, county, parish, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, storm water, or other wastes, including special
districts under state law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization,
or a designated and approved management agency under section 208 of the CWA that
discharges to waters of the United States;
2. Designed or used for collecting or conveying storm water;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
§122.2.
Municipality - a city, town, county, district, sanitary district, or other public body created by
or under state law with jurisdiction over the disposal of sewage, industrial wastes, or other
wastes.
Nonpoint Source – a source of pollution that is not defined as a point source by the
Environmental Protection Agency.
Non-Stormwater Discharge - any discharge to the storm drain system that is not
composed entirely of storm water.
NOI – “Notice of Intent” to be covered by the SDDENR General Permit
NOT – “Notice of Termination” to be covered by the SDDENR General Permit
Phasing - Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next.
Point Source – (as defined by the EPA) any discernible, confined, and discrete conveyance,
including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft
from which pollutants are or may be discharged. This term does not include agricultural storm
water discharges and return flows from irrigated agriculture.
Pollutant - any dredged spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage,
trash, munitions, chemical wastes, biological material, radioactive material, heat, wrecked or
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112
discarded equipment, rock, sand, cellar dirt, or any industrial, municipal, or agricultural waste
discharged into waters of the state. This term does not mean sewage from watercraft; or
water, gas, or other material which is injected into a well to facilitate production of oil or gas,
or water derived in association with oil and gas production and disposed of in a well, if the well
used either to facilitate production or for disposal purposes is approved by authority of the
state after it is determined that such injection or disposal will not result in the degradation of
ground or surface water resources.
Receiving Body of Water - Any lake, pond, creek, wetland, or groundwater into which
storm water runoff is directed.
Sediment – Mineral or organic solid particulate matter that has been removed from its site of
origin by soil erosion, suspension in water and/or wind or water transport
Sediment Control - Measures that prevent eroded sediment from leaving the site.
Site Development - A parcel of land or a contiguous combination thereof, where grading
work is performed as a single unified operation on an area equal to or greater than one acre.
Soil Erosion - The wearing away of land by the action of wind, water, gravity or a combination
thereof.
Stabilization - The use of practices that prevent exposed soil from eroding.
Storm Water - storm water runoff, snow melt runoff, or surface runoff and drainage.
Stop Work Order - A notice issued by the City Engineer or the City’s designated
representative, or a state or federal agent to a permittee, contractor or property owner to
cease construction, grading or development activities.
SWPPP – (Storm Water Pollution Prevention Plan). A SWPPP identifies potential
sources of storm water pollution at a construction site and specifies structural and non-
structural controls that will be in place to minimize negative impacts caused by storm water
discharges associated with construction activity. The purpose of these controls is to minimize
erosion and run-off of pollutants and sediment.
Stripping - Any activity which removes or significantly disturbs the vegetative surface cover,
including clearing and grubbing operations.
TMDL or Total Maximum Daily Load - the sum of the individual wasteload allocations
(WLAs) for point sources and load allocations (LAs) for nonpoint sources and natural
background. If receiving water has only one point source discharger, the TMDL is the sum of
that point source WLA plus the LAs for any nonpoint sources of pollution and natural
background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure.
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Vegetative Cover - Grasses, shrubs, trees, and other vegetation which hold and stabilize
soils.
Watercourse or waterway - Any body of water, including, but not limited to lakes, ponds,
rivers, streams, and bodies of water delineated by the City, State or Federal Governments.
Waters of the State - all waters within the jurisdiction of this state, including all streams,
lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and all other bodies or accumulations of water, surface
and underground, natural or artificial, public or private, situated wholly or partly within or
bordering upon the state.
ARTICLE II. STORM DRAINAGE FEE
Sec. 72.1 72.10 Fee.
(a) For operation, maintenance, and capital expenses of storm sewer and drainage system. The
purpose of this chapter is to establish a charge against real property within the city for the
operation, maintenance, and capital expenses of the storm sewer and drainage system.
(b) Annual fee; basis. All real property within the city shall be charged an annual fee for the
operation, maintenance, and capital improvements of the storm sewer and drainage system.
The fee for each such property shall be based on the lot area, a runoff weighting factor, and a
unit financial charge, and which fee is determined as follows: Storm drainage fee equals the
runoff weighting factor multiplied by parcel area (in square feet) multiplied by unit financial
charge (in dollars per square foot).
(c) Runoff weighting factor; assignment by use of Table I. The runoff weighting factor is
determined by the type of land use and indicates the relative volume of stormwater runoff from
a land parcel as a function of the percentage of impervious surfaces covering each land parcel.
The runoff weighting factor is to be assigned by land use type as show in Table I:
TABLE I
TABLE INSET:
Land
Use
Code
Land Use
Runoff
Weighting
Factor
11 Single-family 7.5
12 Duplex 7.5
13 Townhouses 7.5
14 Apartment building (1--3 stories) 11.25
15 Apartment building (4 stories or more) 11.25
16 Dormitories 11.25
17 Mobile homes and trailers 11.25
18 Other residential 11.25
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19 Estate (single-family, on 30,000 square feet or more) 2.50
21 Apparel and textiles 17.0
22 Wood, furniture, fixtures 17.0
23 Lumberyards 17.0
24 Printing and publishing 17.0
25 Warehouse, indoor storage 17.0
26 Electronic, scientific, optical 17.0
27 Construction yards, including plumbing, electrical, heating
contractors 17.0
28 Chemical, petroleum storage 17.0
29 Other light, pollution free manufacturing, not included elsewhere 17.0
31 Food, agricultural processing, stockyards, rendering 17.0
32 Paper and pulp 17.0
33 Chemical, petroleum, rubber and plastic 17.0
34 Stone, glass, clay, cement, brick 17.0
35 Primary metal, smelting 17.0
36 Metal fabricating 17.0
37 Salvage, junkyard, resource recycling 7.5
38 Other heavy manufacturing not elsewhere coded 17.0
41 Bus, railroad yards, terminals, right-of-way 5.0
42 Airport 5.0
43 Auto parking ramps and lots (commercial or public only not auxiliary
parking) 18.75
44 Highway and street right-of-way 5.0
45 Communication (TV, radio, etc.) 17.0
46 Utilities (gas, sewer, water, telephone, etc.) 17.0
47 Truck terminal 17.0
48 Military base 17.0
49 Other transportation communications and utilities not elsewhere
coded 17.0
51 Wholesale, food produce 18.75
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52 Wholesale, other 18.75
53 Extensive retail, building supplies, including lumber, home repair
supplies 18.75
54 Extensive retail, farm equipment and implements 18.75
55 Extensive retail, new and used car dealers 18.75
56 Extensive retail, recreational vehicles, marine 18.75
57 Extensive retail, tires, batteries, auto accessories 18.75
58 Extensive retail, auto repairs, body shop 18.75
59 Extensive retail, other retail with outside storage 18.75
61 Foodstore 18.75
62 Neighborhood commercial, hardware, pharmacy, laundromat, beauty
shop, barbershop, neighborhood shopping center 18.75
63 Gasoline, auto service station 18.75
64 Department store, discount store, regional shopping center 18.75
65 Clothes and apparel 18.75
66 Specialty retail, jewelry, gifts, etc. 18.75
67 Furniture, household appliances 18.75
68 Other retail not elsewhere coded 18.75
71 Banks and financial institutions 18.75
72 Churches 11.25
73 Nursing homes and hospitals 11.25
74 Colleges and universities, adult education 11.25
75 Primary and secondary education 11.25
76 Day care centers 11.25
77 Medical offices, clinics 18.75
78 Government offices 18.75
79 Offices not elsewhere coded (real estate, law, etc.) 18.75
81 Cultural activities, libraries, museums, etc. 18.75
82 Assembly areas, arenas, stadiums 18.75
83 Theaters 18.75
84 Restaurants, bars, lounges 18.75
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85 Hotels, motels, resort lodging 18.75
86 Public parks, golf courses, fairgrounds 1.0
87 Private country club and other recreational uses 1.0
88 Other cultural and entertainment uses, not elsewhere coded 1.0
90 Floodway (per Flood Boundary Map 10-17-1978, by the National
Flood Insurance Program) 0.00
91 Cropland and farms 1.0
92 Feed lots 1.0
93 Grasslands 1.0
94 Mining and quarrying* 1.0
95 Cemetery 1.0
96 Sanitary landfills 1.0
97 Vacant 1.0
98 Under construction 1.0
99 Other not elsewhere coded 1.0
* Quarries are individually calculated with a runoff weighting factor of 0.00 for the actual quarry
area.
(d) Request for site study; calculation of runoff weighting factor by Table II. Upon written request
from a property owner, a detailed site study will be conducted by the city engineering
department to determine the runoff weighting factor. This written request shall be submitted to
the city engineer on or before April 30 of the year the fees are charged to the subject land
parcel. The engineering department shall calculate the percentage of impervious area for the
subject parcel which contributes storm water runoff to the drainage system of the city. This
system includes the storm sewer system, drainageways, and all ditches and waterways within
and flowing away from the city. The runoff weighting factor is then determined through
utilization of Table II.
TABLE II
TABLE INSET:
Percentage Impervious
Area Average Runoff to Rainfall Ration (R**) Runoff Weighting
Factor (R × 25)
0 0.04 1.0
10 0.19 4.75
15 0.26 6.5
20 0.30 7.50
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30 0.38 9.50
40 0.45 11.25
50 0.53 13.25
60 0.60 15.00
70 0.68 17.00
80 0.75 18.75
90 0.83 20.75
100 0.90 22.50
**These values are derived from the "STORM" equation (Figure 5-20, page 5-49), "A Statistical
Method for the Assessment of Urban Storm Drainage," EPA, Washington, D.C., January 1979.
For low percentage impervious surfaces (0 percent to 20 percent), a linear relationship was
assumed between "STORM" equation and empirical data derived from drainage runoff in high
depression storage, loose soils, and flat areas. Interpolation of the runoff weighting factor for a
given percentage to impervious area not listed in Table II may be obtained by assuming a linear
relationship between the values listed. The city engineer may direct that the runoff weighting
factor for a given parcel is calculated by a detailed site investigation and the use of Table II,
where an obvious departure from the percentage of impervious surfaces of similar land uses
exists. A determination of the runoff weighting factor, resulting from a detailed site investigation
and use of Table II, brought about either by the written request of a property owner or by
direction from the city, shall be used in the calculation of the storm drainage fee of the subject
parcel and shall replace the factor previously derived from Table I, even if the resulting value is
higher.
(e) Parcel area. The parcel area shall be obtained from the records of the city engineer's
office.
(f) Unit financial charge. The unit financial charge shall be established by resolution of the city
council.
(Code 1996, § 35-101)720
Sec. 72-2. 72.11 Collection.
The storm drainage fee established in section 72-1 shall be an annual charge. The first one-half
of such fee shall be due on May 1 and the second one-half shall be due on November 1 of the
same year, payable at the office of the county treasurer. These fees shall be remitted and paid
to the city clerk of the city at least monthly by the county treasurer.
Refund: Upon written request from a property owner, the city may issue a refund if the
incorrect drainage fee has been charged to the property owner. The engineering department
shall calculate the drainage fee and determine the amount of any refund owed to the property
owner. The maximum refund the city may issue shall be the fee for the current year and the
preceding two years.
(Code 1996, § 35-102; Ord. No. 12-09, § I, 5-12-2009)
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Sec. 72-3. 72-12. Fund established.
The drainage fees paid to the city shall be maintained in a separate fund to be known as the
drainage and storm sewer fund. This fund shall be used to pay the cost of financing the
operation, maintenance or construction of the drainage and storm sewer system.
(Code 1996, § 35-103)
Sec. 72-4. 72-13. Annual review.
The unit financial charge shall be reviewed annually and shall be revised as necessary so that
revenues are reasonably in balance with anticipated expenditures. Excess funds may be carried
forward from year to year in order to build sufficient funds for large drainage construction
projects which are scheduled or programmed for the near future. In addition, funds may be
carried over to provide sufficient monies for unanticipated repairs, replacements, or
maintenance of the drainage system.
(Code 1996, § 35-104)
ARTICLE III. ILLICIT DISCHARGE
Sec. 72.31. PURPOSE.
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of Brookings through the regulation of non-storm water discharges to the storm
drainage system to the maximum extent practicable as required by federal and state law. This
ordinance establishes methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this
ordinance are:
1. To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) by storm water discharges by any user
2. To prohibit Illicit Connections and Discharges to the municipal separate storm sewer
system
3. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance
Sec. 72.32. DISCHARGE PROHIBITIONS.
Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal storm drain system or
watercourses any materials, including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards, other
than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain system
is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this
ordinance: water line flushing or other potable water sources, landscape irrigation or
lawn watering, diverted stream flows, rising ground water, ground water infiltration to
storm drains, uncontaminated pumped ground water, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps, air conditioning
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condensation, springs, non-commercial washing of vehicles, natural riparian habitat or
wet-land flows, swimming pools (if de-chlorinated - typically less than one PPM
chlorine), fire fighting activities, and any other water source not containing Pollutants.
2. Discharges specified in writing by the authorized enforcement agency as being necessary
to protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to the authorized
enforcement agency prior to the time of the test.
4. The prohibition shall not apply to any non-storm water discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the Federal Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm drain system.
Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to the
storm drain system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
3. A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage to the MS4, or allows such connection to continue.
Section 72.33. SUSPENSION OF MS4 ACCESS.
Suspension due to Illicit Discharges in Emergency Situations.
The City of Brookings may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the authorized enforcement agency may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United
States, or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge.
Any person discharging to the MS4 in violation of this ordinance may have their MS4 access
terminated if such termination would abate or reduce an illicit discharge. The authorized
enforcement agency will notify a violator of the proposed termination of its MS4 access. The
violator may petition the authorized enforcement agency for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this Section, without the prior approval of the authorized enforcement agency.
Section 72.34. ENFORCEMENT.
Whenever the City of Brookings or state or federal authorized enforcement agency finds that a
person has violated a prohibition or failed to meet a requirement of this Ordinance, the
authorized enforcement agency may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
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1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and
the restoration of any affected property; and
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall
set forth a deadline within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental agency or a
contractor and the expense thereof shall be charged to the violator.
Section 72.35. INDUSTRIAL OR CO NSTRUCTION ACTIVITY DISCHARGES.
Any person subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the City of Brookings prior to the allowing of
discharges to the MS4.
Section 72.36. MONITORING OF DISCHARGES.
A. Applicability.
This section applies to all facilities that have storm water discharges associated with industrial
activity, including construction activity.
B. Access to Facilities.
1. The City of Brookings shall be permitted to enter and inspect facilities subject to
regulation under this ordinance as often as may be necessary to determine compliance
with this ordinance. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall make the
necessary arrangements to allow access to representatives of the authorized
enforcement agency.
2. Facility operators shall allow the City of Brookings ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of records
that must be kept under the conditions of an NPDES permit to discharge storm water,
and the performance of any additional duties as defined by state and federal law.
3. The City of Brookings shall have the right to set up on any permitted facility such
devices as are necessary in the opinion of the authorized enforcement agency to
conduct monitoring and/or sampling of the facility's storm water discharge.
4. The City of Brookings has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the operator at the written or
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oral request of the City of Brookings and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
6. Unreasonable delays in allowing the City of Brookings access to a permitted facility is a
violation of a storm water discharge permit and of this ordinance. A person who is the
operator of a facility with a NPDES permit to discharge storm water associated with
industrial activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose of conducting any
activity authorized or required by this ordinance.
7. If the City of Brookings has been refused access to any part of the premises from which
storm water is discharged, and he/she is able to demonstrate probable cause to believe
that there may be a violation of this ordinance, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed to verify
compliance with this ordinance or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized enforcement
agency may seek issuance of a search warrant from any court of competent jurisdiction.
Section 72.37. REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE
STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT
PRACTICES.
City of Brookings will require Best Management Practices (BMP’s) for any activity, operation, or
facility which may cause or contribute to pollution or contamination of storm water, the storm
drain system, or waters of the U.S. The owner or operator of a commercial or industrial
establishment shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal storm drain system or
watercourses through the use of these structural and non-structural BMPs. Further, any
person responsible for a property or premise, which is, or may be, the source of an illicit
discharge, may be required to implement, at said person's expense, additional structural and
non-structural BMP’s to prevent the further discharge of pollutants to the municipal separate
storm sewer system. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of storm water associated with industrial activity, to the extent
practicable, shall be deemed compliance with the provisions of this section. These BMPs shall
be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
Section 72-38. WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, or such person's lessee,
shall keep and maintain that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the owner or lessee shall
maintain existing privately owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
Section 72-39. NOTIFICATION OF SPILLS.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of
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any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into storm water, the storm drain system, or water of the
U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup
of such release. In the event of such a release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non-hazardous materials, said person shall notify the
authorized enforcement agency in person or by phone or facsimile no later than the next
business day. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the City of Brookings within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be retained for at
least three (3) years.
Section 72.40. ENFORCEMENT.
Notice of Violation.
Whenever the City of Brookings finds that a person has violated a prohibition or failed to meet
a requirement of this Ordinance, the authorized enforcement agency may order compliance by
written notice of violation to the responsible person. Such notice may require without
limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and
the restoration of any affected property; and
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall
set forth a deadline within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental agency or a
contractor and the expense thereof shall be charged to the violator.
Section 72.41. APPEAL OF NOTICE OF VIOLATION
Any person receiving a Notice of Violation may appeal the determination of the authorized
enforcement agency. The notice of appeal must be received within five (5) days from the date
of the Notice of Violation. Hearing on the appeal before the appropriate authority or his/her
designee shall take place within fifteen (15) days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee shall be final.
Section 72.42. COST OF ABATEMENT OF THE VIOLATION.
Within ten (10) days after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within five (5) days. If the amount due is not
paid within a timely manner as determined by the decision of the municipal authority or by the
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expiration of the time in which to file an appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property for the amount of the
assessment. Any person violating any of the provisions of this article shall become liable to the
City by reason of such violation.
Section 72.43. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Ordinance. If a person has violated or continues to violate the provisions
of this Ordinance, the authorized enforcement agency may petition for a preliminary or
permanent injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the violation
Section 72.44. APPEAL OF NOTICE OF VIOLATION
In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the
authorized enforcement agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
Section 72.45. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
Section 72.47. REMEDIES NOT EXCLUSIVE.
The remedies listed in this ordinance are not exclusive of any other remedies available under
any applicable federal, state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
ARTICLE IV. CONSTRUCTION SITE RUNOFF EROSION AND SEDIMENT
CONTROL
Sec. 72.61. PERMITS REQUIRED
A. No person may commence any Land Disturbance Activities which disturb an acre or
more of land without first obtaining (1) a city site development permit; and (2) a storm
water permit from the South Dakota Department of Environment and Natural
Resources (SDDENR) Storm Water Division. Applications for the state permit can be
obtained from the State of South Dakota Website Homepage under the construction
activities section.
B. No person may commence any Land Disturbance Activity which disturbs 1000 s.f. or
more of land without first obtaining a Site Development Permit.
C. No Site Development Permit is required for the following activities:
i. Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources.
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ii. Existing nursery and agricultural operations conducted as a permitted main
or accessory use.
iii. Cemetery graves.
iv. Land Disturbance Activity that does not exceed 1000 s.f.
D. Each application for a Site Development Permit shall bear the name(s) and address (es)
of the owner or developer of the site, contractor, and any consulting firm retained by
the applicant together with the name of the applicant's principal contact at such firm and
shall be accompanied by a filing fee. Each application shall include a statement that any
land clearing, construction, or development involving the movement of earth shall be in
accordance with the Storm Water Pollution Prevention Plan and the City Engineering
Department shall be notified 48 hours prior to construction or grading activities.
E. Fees – An application fee in an amount to be determined by the City Council will be
required in order to process the permit.
Sec. 72.62. STORM WATER POLLUTION PREVENTION PLAN TO BE
SUBMITTED.
A. Prior to obtaining a city site development permit, an applicant must submit a Storm
Water Pollution Prevention Plan. The Storm Water Pollution Prevention Plan shall
include the following:
a. For sites with one thousand (1,000) square feet or more, but less than one (1)
acre of disturbance:
i. A scale drawing of the site;
ii. Sediment control measures (BMP’s) to be implemented; and
iii. A general sequence of site operations.
b. For sites with one (1) acre or more of disturbance:
i. Information as specified by the most current South Dakota Department
of Natural Resources (SDDENR) General Permit for Storm Water
Discharges Associated With Construction Activities
ii. Owner, developer, or contractor shall also be required to submit a
Notice of Intent (NOI) to the SDDENR.
B. Modifications to the plan shall be processed and approved or disapproved in the same
manner as listed in the Review and Approval section of this regulation, may be
authorized by the City Engineer by written authorization to the permittee, and shall
include:
a. Major amendments of the Storm Water Pollution Prevention Plan (SWPPP)
submitted to the City Engineer.
b. Field modifications of a minor nature
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Section 72-41. STORM WATER POLLUTION PREVENTION PLAN
REQUIREMENTS
A. Grading, erosion control practices, sediment control practices, and waterway crossings
shall
B. Design criteria set by the South Dakota DOT Erosion & Sediment Control and Storm
Water Management Manual - 2007, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the City Engineer.
C. Clearing and grading of natural resources, such as forests and wetlands, shall be first
permitted by the U.S. Army Corps of Engineers, SDDENR, and the City of Brookings
Forestry Department.
D. Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been properly installed.
E. Erosion control requirements shall include the following:
a. The drainage way shall be shaped and seeded prior to construction of
impermeable surfaces and structures. If the area does not germinate within two
(2) weeks, it shall be reseeded.
b. Where a vegetative cover sufficient to control erosion is not established at the
close of the construction season, the entire site must be stabilized, using a heavy
mulch layer or another method that does not require germination to control
erosion.
c. Sediment control requirements may include, but shall not be limited to:
i. Settling basins, sediment traps, and perimeter controls.
ii. Settling/detention basins that are designed in a manner that allows
adaptation to provide long term storm water management, if required by
the City Engineer.
iii. Protection for adjacent properties by the use of a vegetated buffer strip
and/or other perimeter controls.
iv. Waterway and watercourse protection requirements may include:
v. A temporary stream crossing installed and approved by South Dakota
Dept. of Environment and Natural Resources if a wet watercourse will be
crossed regularly during construction.
vi. Stabilization of the watercourse channel before, during, and after any in-
channel work.
vii. Stabilization adequate to prevent erosion located at the outlets of all
pipes and paved channels.
viii. An Army Corps of Engineers 404 permit.
ix. Such other protection requirements as the City Engineer shall deem
appropriate to accomplish erosion control.
x. Construction site access requirements shall include:
xi. A temporary access road provided at all sites.
xii. Other measures required by the City Engineer in order to ensure that
sediment is not tracked onto public streets by construction vehicles or
washed into storm drains.
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Sec. 72-62. PERMIT REVIEW AND APPROVAL
A. The City Engineer or his/her designee will review each application for a site
development permit to determine its conformance with the provisions of this
regulation. Within thirty (30) days after receiving an application, the City Engineer shall,
in writing:
a. Approve the permit application;
b. Approve the permit application subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation, and issue the
permit subject to these conditions; or
c. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
B. Failure of the City Engineer to act on an original or revised application within thirty (30)
days of receipt shall authorize the applicant to proceed in accordance with the plans as
filed and in accordance with all SDDENR regulations, unless such time is extended by
agreement between the applicant and the City Engineer. Pending preparation and
approval of a revised plan, development activities shall be allowed to proceed in
accordance with conditions established by the City Engineer.
Sec. 72-63. SEQUENTIAL APPLICATIONS
A. On large or complex projects where a plan encompassing all phases of the
project cannot reasonably be prepared prior to initial ground breaking, a request
for sequential applications may be approved by the city prior to submittal of a
permit application.
B. Approval of sequential applications shall take place in two phases. First, the
overall conceptual plan for the entire development shall be submitted for review
and approval. Second, detailed plans for sections of the total project shall be
submitted prior to construction.
C. All permits processed and issued for phases of a project shall be clearly defined
as to the nature and extent of work covered. Each phase of the project must be
reviewed and permitted prior to construction.
Sec. 72-64. PERMIT EXPIRATION OR REVOCATION.
A. Permits shall terminate automatically in the event construction activities have not
commenced within one (1) year of the date of issuance or in the event construction
activities have halted and not commenced within six (6) months. The permit holder
may request an extension from the City.
B. Any permit may be revoked or suspended by the city for any of the following
causes after notice and an opportunity for a hearing is given to the applicant:
1. A violation of a condition of the permit;
2. Obtaining a permit by misrepresentation or failure to fully disclose relevant
facts in the application or the erosion and sediment control plan; and/or
3. A change in a condition that requires a temporary or permanent change in
the activity.
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Sec. 72.65. INSPECTION
A. The City Engineer or designated agent shall make inspections as hereinafter required
and either shall approve that portion of the work completed or shall notify the
permittee wherein the work fails to comply with the Storm Water Pollution Prevention
Plan (SWPPP) as approved. Plans for grading, stripping, excavating, and embankment
shall be maintained at the site during the progress of the work. To obtain inspections,
the permittee shall notify the City Engineering Department at least two (2) working days
before the following:
a. Start of construction to insure installation of BMP’s.
b. Completion of final landscaping or site stabilization.
B. The City Engineer or designated agent shall make regular inspections of all control
measures in accordance with the inspection schedule outlined on the approved SWPPP.
The purpose of such inspections will be to determine the overall effectiveness of the
control plan and the need for additional control measures. All inspections shall be
documented in written form and submitted to the City Engineer at the time interval
specified in the approved permit.
C. The City Engineer or designated agent shall enter the property of the applicant as
deemed necessary to make regular inspections to ensure the validity of the reports filed
under Section B.
Sec. 72-66. PENALTY.
A. Stop-Work Order; Revocation of Permit - In the event that any person holding a site
development permit pursuant to this ordinance violates the terms of the permit or
implements site development in such a manner as to materially adversely affect the
health, welfare, or safety of persons residing or working in the neighborhood or
development site so as to be materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, the City Engineer may suspend or
revoke the site development permit.
B. Violation and Penalties - No person shall construct, enlarge, alter, repair, or maintain
any grading, excavation, or fill, or cause the same to be done, contrary to or in violation
of any terms of this ordinance. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a Class 2 misdemeanor, punishable by up to thirty
(30) days in jail and/or a $500.00 fine. Each day during which any violation of any of the
provisions of this ordinance is committed, continued, or permitted, shall constitute a
separate offense. Upon conviction of any such violation, such person, partnership, or
corporation shall be assessed an administrative penalty by the City of Brookings of not
more than $1,000.00 for each offense. Such penalty represents the amount of actual
damages suffered by the City, and shall be in addition to any other penalty authorized by
this section. Any person, partnership, or corporation convicted of violating any of the
provisions of this ordinance shall be required to bear the expense of such restoration.
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Sec. 72-66. SEVERABILITY.
In the event any portion of this chapter is determined by a court of competent jurisdiction to
be invalid, all valid portions which are severable from the invalid portion shall remain in effect.
If application of any portion of any section or subsection of this chapter is determined by a
court of competent jurisdiction to be invalid, such portions shall remain in effect in all valid
applications that are severable from the invalid applications.
Section 72-71. PURPOSE.
A. The purpose of this ordinance is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety, and
welfare of the public residing in watersheds within this jurisdiction. This ordinance
seeks to meet that purpose through the following objectives:
B. minimize increases in stormwater runoff from any development in order to reduce
flooding, siltation, increases in stream temperature, and streambank erosion and
maintain the integrity of stream channels;
C. minimize increases in nonpoint source pollution caused by stormwater runoff from
development which would otherwise degrade local water quality;
D. limit the total volume of surface water runoff and the increase in peak flow due to new
development and
E. limit stormwater runoffpeak flow rates and volumes, soil erosion and nonpoint source
pollution, wherever possible, through stormwater management controls and ensure that
these management controls are properly maintained and pose no threat to public safety.
Section 72-72. PERMITS.
No person may commence any Land Disturbance Activities which disturb one (1) acre or more
of land without first obtaining (1) a city site development permit; and (2) a storm water permit
from the South Dakota Environment and Natural Resources, Storm Water Division.
Applications for the state permit can be obtained from the State of South Dakota Website
Homepage under the construction activities section.
A. No person may commence any Land Disturbance Activity which disturbs 1000 s.f. or
more of land without first obtaining a city site development permit.
B. No city site development permit is required for the following activities:
i. Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources.
ii. Existing nursery and agricultural operations conducted as a permitted main
or accessory use.
iii. iii. Cemetery graves.
iv. iv. Land disturbance activity that does not exceed 1000 s.f.
C. Each application for a city site development permit shall bear the name(s) and address
(es) of the owner or developer of the site, general contractor and any consulting firm
retained by the applicant together with the name of the applicant's principal contact at
such firm and shall be accompanied by a filing fee. Each application shall include a
statement that any land clearing, construction, or development involving the movement
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of earth shall be in accordance with the Storm Water Pollution Prevention Plan and the
City Engineering Department shall be notified 48 hours prior to construction or grading
activities.
D. Fees – An application fee in an amount to be determined by the City Council will be
required in order to process the permit.
Information as specified by the most current South Dakota Department of Natural Resources
General Permit for Storm Water Discharges Associated With Construction Activities No
person shall be granted a grading permit or building permit nor shall any person be eligible for
subdivision plat approval, involving any land-disturbing activity until first having met the
requirements for Postconstruction Stormwater Manngement as outlined in the Postconstruction
on Stormwater Management Best Management Practices (BMP) Manual (Ole "Manual'), as adopted
by resolution of the City Council. Postconstruction water quality requirements outlined in Ole
Manual are applicable for all sites of land-disturbing activities that affect I acre or more. In the
absence of water quantity requirements set forth in a drainage master plan, additional water
quantity detention requirements outlined in the Manual to manage post-development
stormwater associated with runoff events with n magnitude and return frequency of up 10 and
including the lO-year event are applicable to those sites with land-disturbing activities greater
than 1 acre of new impervious surface area.
Section 72-73. REVIEW AND APPROVAL.
A designated member of the City of Brookings will review each application for a grading or
building permit or approval and recording of a subdivision plat 10 determine its conformance
with tile provisions of this regulation. Only after receiving a complete application, the City may,
in writing:
A. Approve the permit application; or
B. Approve the permit application subject to such conditions as may be necessary to
secure the
C. objectives of this regulation, and issue the permit subject to these conditions; or
D. Disapprove the permit application, indicating the reason(s) and procedure for submitting
a revised application and/or submission.
Section 72-74. DESIGN REQUIREMENTS.
Storm Drainage Plans shall be prepared by a Professional Engineer (PE) and shall meet the
design criteria set forth in the Manual, however, the City may grant variances to the adopted
criteria that may be less restrictive than the Manual to facilitate development while meeting
community or environmental objectives. Any decision by the City will be final.
Storm Sewers and Open Channel Flow shall be designed by a Professional Engineer (PE) and
shall meet the design criteria set forth in the Manual, however, the City Manager may grant
variances to the adopted criteria that may be less restrictive titan the Manual to facilitate
development while meeting community or environmental objectives. Any decision by the City
Manager will be final.
Postconstruction Water Quality BMPs shall be designed by a Professional Engineer (PE), or a
Certified Professional in Stormwater Quality (CPSWQ) and shall meet the design criteria set
forth in tile Manual, however, the City Manager may grant variances 10 the adopted criteria
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that may be less restrictive than the Manual to facilitate development while meeting community
or environmental objectives. Any decision by the City Manager will be final.
A Stormwater Pollution Prevention Plan (SWPPP), when required, shall be prepared by a
Professional Engineer (PE), or a Certified Professional in Erosion and Sediment Control
(CPESC), or a Certified Professional in Stormwater Quality (CPSWQ), or a professional
landscape architect.
Section 72-75. FINAL STABILIZATION REQUIREMENTS
The construction site SWPPP must be submitted with the final design describing the
stabilization and management techniques to be used at a site during construction and after
construction is completed. Final site stabilization will be accomplished by installing hard surface
or porous pavement on those areas minimally necessary for vehicular and pedestrian ingress
and egress, driving, parking, loading/unloading, and maneuvering; by vegetating the remainder of
the disturbed areas of the site; and by employing other stabilization and management techniques
as may be required to address unique site conditions. The City Manager may grant variances to
the final site stabilization requirements that may be less restrictive than the Manual to facilitate
development while meeting community or environmental objectives. Any decision by the City
Manager. The SWPPP will explain the erosion and sediment control best management practices
that will be employed on a temporary and permanent basis during construction and upon the
completion of construction. The SWPPP will include and identify specific permanent post-
construction best management practices including, but not limited to:
The minimal areas that will be stabilized with hard-surface pavement or porous
pavement;
The areas to be stabilized with vegetation and other erosion control and management
techniques;
The party responsible for inspection and maintenance of the permanent stabilization
best management practices;
Frequency of inspections and required maintenance activities.
In the case of land-disturbing activities as that disturb an acre or more, temporary
and/or final stabilization measures shall be initiated as soon as possible, but in no case
later than 14 days, after the land-disturbing activity in that portion of the site has
temporarily or permanently ceased.
Section 72-76. INSPECTION.
The applicant must submit their notice of intent to the City of Brookings within 15 calendar
days prior to the commencement of construction. All storm sewers, open channel drainage
ways, postconstruction water quality BMPs, and any other element of the stormwater
management system shall be subject to inspection by the staff appointed of the City of
Brookings and shall be certified by a professional engineer or CPSWQ who has been approved
by the jurisdictional stormwater authority that construction has taken place in accordance with
all applicable permit conditions and approved technical specifications. All inspections shall be
documented and written reports prepared that contain the following information:
A. The date and location of the inspection;
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B. Whether construction is in compliance with the approved stormwater management
plan;
C. Acceptable variations from the approved construction specifications;
D. Any instances of permit non-compliance, or construction that does not conform to the
objectives of approved technical specifications.
If any violations are found, the property owner shall be subject to enforcement provisions.
Section 72-77. AS BUILT PLANS, CERTIFICATION OF CONFORMANCE,
FINAL INSPECTION
All applicants are required to submit actual "as built" plans for any stormwater management
practices located on-site within 60 calendar days after final construction is completed. The plan
must show the final design specifications for all stormwater management facilities and must be
certified by a professional engineer. A final inspection by the City of Brookings is required
before acceptance of a Notice of Termination, Notice of Final Stabilization, or the release of
any required performance securities can occur. Final inspection by the City shall take place only
after construction is complete and final stabilization of the site has been achieved. For purposes
of this section, final stabilization means all land-disturbing activities at the site have been
completed, paved surfaces have been installed, non-vegetative permanent stabilization and
management techniques (such as, but not limiled to, riprap, gabions, geotextiles) have been
employed, and a uniform perennial vegetative cover with a density of70% of the native cover
has been established for non-paved areas not otherwise stabilized with other permanent
stabilization and management techniques.
Section 72-78. CITY'S RIGHT OFENTRY.
Any permit issued by the City of Brookings subsequent to this section and accepted by the
permit applicant, grants the City and the city's contractors and agents the future and perpetual
right of entry onto the property at reasonable times and in a reasonable manner for the
following purposes:
A. inspection during construction of stormwater management facilities and
postconstruction best management practices;
B. periodic inspection of stormwater management facilities and postconstruction best
management practices to ensure continued compliance of this section and maintenance
of the facilities and practices;
C. to investigate, and address as necessary including abatement, allegations of a violation of
this ordinance is occurring or has occurred;
D. the abatement of a public nuisance in the event that on-site stormwater management
facilities and
E. postconstruction best management practices become a danger to public safety or public
health;
F. to correct a violation of the design standards in the event the applicant, subsequent
property owner, or other responsible party fails or refuses to properly construct the
stormwater management facilities and postconstruction best management practices or
to conduct maintenance activities.
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Section 72-79. DESIGN, CONSTRUCTION, ENGINEERING, AND
MAINTENANCE RESPONSIBILITIES.
Development Agreement
Individual Stormwater Management Facilities
As used herein, an individual stormwater management facility is defined as a stormwater
management facility that serves one or more properties under one ownership and is designed
to accommodate stormwater runoff quantity and/or quality. A development agreement by and
between the City of Brookings and the applicant shall be executed contemporaneously with the
issuance of any building permit, grading permit or approval of a subdivision plat issued after the
effective date of this title. The development agreement shall establish the applicant's
responsibility for design, construction, and engineering costs of individual stormwater
management facilities and best management practices. The development agreement shall include
a list or exhibit of stormwater management facilities and postconstruction best management
practices employed on the site, an inspection schedule and checklist, and a schedule of
anticipated regular maintenance items and activities. The development agreement shall grant the
City the right of access and entry to ensure any stormwater management facility or
postconstruction best management practice was constructed in compliance with the approved
construction specifications and continues to function properly. The applicant shall be
responsible for the design, construction, engineering and maintenance of an individual
stormwater management facility. The development agreement shall run with the land and shall
be recorded with the Brookings Register of Deeds. In the event an individual stormwater
management facility provides a public benefit or is of sufficient size or character that it cannot
be reasonably maintained by the applicant; the applicant may request the City of Brookings to
take title to the individual stormwater management facility at no cost to the City; the City shall
be responsible to perform ongoing maintenance.
Regional Stormwater Management Facilities
As used herein, a regional stormwater management facility is defined as any stormwater
management facility that is not an individual stormwater management facility, including
stormwater management facilities to serve properties under more than one ownership, and is
designed to accommodate stormwater runoff quantity and/or quality. The City shall acquire the
land on which a regional stormwater management facility will be located. After the land for a
regional stormwater management facility is acquired, the City of Brookings shall design,
construct, and maintain the regional stormwater management facility. Any costs associated with
the acquisition of land, construction, engineering, or maintenance of a regional stormwater
management facility may be assessed against all landowners served by the regional stormwater
management facility in proportion to each landowner's percentage ownership of the total
watershed acreage served by the regional stormwater management facility.
Inspection of Stormwater Facilities
The City of Brookings may conduct inspections of on-site stormwater management facilities
and postconstruction best management practices including, but not limited to:
A. periodic inspections (random and/or routine);
B. inspections based upon complaints or other notice of possible violations;
C. joint inspections with other agencies inspecting under environmental or safety laws.
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Inspections may include, but are not limited to:
A. reviewing inspection, maintenance and repair records;
B. sampling discharges, surface water, groundwater, and material or water in drainage
control facilities; and
C. evaluating the condition of drainage control facilities and other stormwater treatment
practices.
D. Records of Inspection and Maintenance Activities
E. Parties responsible for the inspection and maintenance of any stormwater management
facility and on-site postconstruction best management practices shall make records of
the inspection and maintenance and shall retain, at a minimum, an electronic version of
the records for at least 3 years. These records shall be made available to the City of
Brookings during inspection of the facility and at other reasonable times upon request.
Section 72-80. ENFORCEMENT.
Stop-Work Order; Revocation of Permit
In the event that any person holding a grading permit, building permit or approval and recording
of a subdivision plat pursuant to this ordinance violates the terms of the permit or implements
site development in such a manner as to adversely affect the health, welfare, or safety of
persons residing or working in the neighborhood or development site so as to be detrimental
to the public welfare or injurious to property or improvements in the neighborhood, the City
of Brookings may suspend or revoke the applicable grading, building, or subdivision permits.
The City may also withhold building inspections, issue warning or letters of noncompliance, and
coordinate with the SD DENR if a state permit is being violated.
Any person who violates a permit condition or makes any false statement, representation, or
certification, may be subject to enforcement action under South Dakota Codified Law (SDCL),
Chapter 34A-2.
Section 72-81. SEPARABILITY.
The provisions and sections of this ordinance shall be deemed to be separable, and the
invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:
Second Reading and Adoption:
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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17. Adjourn