HomeMy WebLinkAbout2010_05_25 CC PKTCity Council Packet
May 25, 2010
1
Brookings City Council
Tuesday, May 25, 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. Presentation of the 2009 Financial Report by Roger Watton, CPA and Chris Lindner,
CPA of BKD CPAs & Advisors.
2. City Council Member Ex-Officio Reports.
3. City Council member introduction of topics for future discussion. *
4. 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 Resolution No. 53-10, designating the Park & Recreation Center as a
Convention Facility on August 28, 2010.
D. Action to approve a temporary liquor license for the Firemen’s Dance on August 28,
2010.
E. Action on Resolution No. 54-10, setting forth a schedule of proposed fines for
violations of the Ordinances of the City of Brookings, SD.
F. Action on Resolution No. 55-10, declaring property to be surplus and providing for
sale by public auction.
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 25, 2010
2
Ordinance First Readings**
7. Ordinance No. 22-10: An ordinance pertaining to an application for a Conditional Use
for a Church in the Business B-2 District, West 35 feet of Lots 15 and 16, Block 1,
Peterson’s First Addition.
Public Hearing: June 8th
8. 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.
Public Hearing: June 8th
9. Ordinance No. 23-10: An Ordinance Amending Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings and Pertaining to the 2006 International Residential
Code with certain Amendments thereto.
Public Hearing: June 8th
10. Ordinance No. 24-10: An Ordinance Amending Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings and Pertaining to the 2006 International Building
Code with certain Amendments thereto.
Public Hearing: June 8th
** 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
11. Hearing and action on an application to move a one-story, single-family home from 510
Third Street to Lot 4, Block 1, Parkdale Home Addition (918 Third Avenue).
Open & Close Public Hearing, Motion to Approve, Roll Call
12. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
13. Ordinance No. 20-10: An Ordinance Amending Chapter 22 of the Code of Ordinances
of the City of Brookings Pertaining to Moving a Building.
Open & Close Public Hearing, Motion to Approve, Roll Call
The complete City Council agenda packet is available on the city website:
Other Business:
14. Adjourn.
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm.
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 25, 2010
3
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. Presentation of the 2009 Financial Report by Roger Watton, CPA
and Chris Lindner, CPA of BKD CPAs & Advisors.
Mr. Roger Watton and Mr. Chris Lindner, from the firm of BKD CPAs & Advisors, will
present the 2009 City of Brookings Audit to the Council. Enclosed please find a
communication letter from their firm summarizing the audit review.
In addition to the agenda packet, a copy will be available for public inspection at the
Clerk’s Office or on the city website at www.cityofbrookings.org.
Estimated Time: 30 Minutes
Draft
5/12/2010
The Honorable Mayor, Members of
the City Council and Management
City of Brookings, South Dakota
As part of our audit of the financial statements of the City of Brookings, South Dakota (City) as
of and for the year ended December 31, 2009, we wish to communicate the following to you.
AUDIT SCOPE AND RESULTS
Auditor’s Responsibility Under Auditing Standards Generally Accepted in the United
States of America
An audit performed in accordance with auditing standards generally accepted in the United
States of America is designed to obtain reasonable, rather than absolute, assurance about the
financial statements. In performing auditing procedures, we establish scopes of audit tests in
relation to the financial statements taken as a whole. Our engagement does not include a detailed
audit of every transaction. Our engagement letter more specifically describes our
responsibilities.
These standards require communication of significant matters related to the financial statement
audit that are relevant to the responsibilities of those charged with governance in overseeing the
financial reporting process. Such matters are communicated in the remainder of this letter or
have previously been communicated during other phases of the audit. The standards do not
require the auditor to design procedures for the purpose of identifying other matters to be
communicated with those charged with governance.
An audit of the financial statements does not relieve management or those charged with
governance of their responsibilities. Our engagement letter more specifically describes your
responsibilities.
Qualitative Aspects of Significant Accounting Policies and Practices
Significant Accounting Policies
The City’s significant accounting policies are described in Note 1 of the audited financial
statements.
Alternative Accounting Treatments
No matters are reportable
2
Draft
5/12/2010
Management Judgments and Accounting Estimates
Accounting estimates are an integral part of financial statement preparation by management,
based on its judgments. The following areas involve significant areas of such estimates for
which we are prepared to discuss management’s estimation process and our procedures for
testing the reasonableness of those estimates:
• Allowance for uncollectible accounts
Financial Statement Disclosures
The following areas involve particularly sensitive financial statement disclosures for which we
are prepared to discuss the issues involved and related judgments made in formulating those
disclosures:
• Revenues and receivables disclosures in connection with the Brookings Health
System Fund
• Related party transactions
• Joint venture and minority interest
• Subsequent events
Audit Adjustments
During the course of any audit, an auditor may propose adjustments to financial statement
amounts. Management evaluates our proposals and records those adjustments which, in its
judgment, are required to prevent the financial statements from being materially misstated.
Some adjustments proposed were not recorded because their aggregate effect is not currently
material; however, they involve areas in which adjustments in the future could be material,
individually or in the aggregate.
Areas in which adjustments were proposed include:
Proposed Audit Adjustments Recorded
• Land held for resale
• Bonds payable
• Accounts receivable, including unbilled receivables
• Insurance claims payable
Proposed Audit Adjustments Not Recorded
• Attached is a summary of uncorrected misstatements we aggregated during the
current engagement and pertaining to the latest period presented that were determined
by management to be immaterial, both individually and in the aggregate, to the
financial statements as a whole.
3
Draft
5/12/2010
Auditor’s Judgments About the Quality of the City’s Accounting Principles
During the course of the audit, we made the following observations regarding the City’s
application of accounting principles. The City implemented the following Governmental
Accounting Standards Board (GASB) Statements:
• 52 – Land and Other Real Estate Held as Investments by Endowments
• 55 – The Hierarchy of Generally Accepted Accounting Principles for State and Local
Governments
• 56 – Codification of Accounting and Financial Reporting Guidance Contained in the
AICPA Statements on Auditing Standards
Disagreements with Management
No matters are reportable
Difficulties Encountered in Performing the Audit
No matters are reportable
Other Material Written Communications
Listed below are other material written communications between management and us related to
the audit:
• Management representation letter (attached)
INTERNAL CONTROL OVER FINANCIAL REPORTING
In planning and performing our audit of the financial statements of the City of Brookings, South
Dakota (City) as of and for the year ended December 31, 2009, in accordance with auditing
standards generally accepted in the United States of America, we considered the City’s internal
control over financial reporting (internal control) as a basis for designing our auditing procedures
for the purpose of expressing our opinions on the financial statements, but not for the purpose of
expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not
express an opinion on the effectiveness of the City’s internal control.
Our consideration of internal control was for the limited purpose described in the preceding
paragraph and was not designed to identify all deficiencies in internal control that might be
significant deficiencies or material weaknesses and, therefore, there can be no assurance that all
deficiencies, significant deficiencies or material weaknesses have been identified. However, as
discussed below, we identified certain deficiencies in internal control that we consider to be
significant deficiencies.
4
Draft
5/12/2010
A deficiency exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent or detect and
correct misstatements of the City’s financial statements on a timely basis. A deficiency in design
exists when a control necessary to meet a control objective is missing or an existing control is
not properly designed so that, even if the control operates as designed, a control objective would
not be met. A deficiency in operation exists when a properly designed control does not operate
as designed or when the person performing the control does not possess the necessary authority
or competence to perform the control effectively.
A material weakness is a deficiency, or a combination of deficiencies, in internal control, such
that there is a reasonable possibility that a material misstatement of the City’s financial
statements will not be prevented or detected and corrected on a timely basis.
A significant deficiency is a deficiency, or combination of deficiencies, in internal control that is
less severe than a material weakness, yet important enough to merit attention by those charged
with governance.
We observed the following matters that we consider to be deficiencies, significant deficiencies or
material weaknesses.
Material Weaknesses
No matters are reportable
Significant Deficiencies
Refer to the Independent Accountants’ Report on Internal Control Over Financial Reporting and
on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in
Accordance with Government Auditing Standards.
Deficiencies
Audit Adjustments
As mentioned above, several audit adjustments were required to correct certain financial
statement balances as of year-end. We recommend City financial records and supporting
schedules be reviewed closely by several members of management to ensure all information is
accurate and financial statement amounts are being properly calculated.
OTHER MATTERS
Although not considered material weaknesses, significant deficiencies or deficiencies in internal
control over financial reporting, we observed the following matters and offer these comments
and suggestions with respect to matters which came to our attention during the course of the
audit of the financial statements. Our audit procedures are designed primarily to enable us to
5
Draft
5/12/2010
form opinions on the financial statements and, therefore, may not bring to light all weaknesses in
policies and procedures that may exist. However, these matters are offered as constructive
suggestions for the consideration of management as part of the ongoing process of modifying
and improving financial and administrative practices and procedures. We can discuss these
matters further at your convenience and may provide implementation assistance for changes or
improvements if you require.
Capital Asset Considerations
Capital assets are in integral piece of the operations of any municipality. In connection with our
testing of capital asset records, including the related depreciation, we suggest management:
• Periodically perform manual recalculations of automated depreciation postings to
ensure propriety
• Begin depreciating capital assets as of the actual in-service date, rather than as of
year-end
• Consider maintaining an inventory of capital assets acquired at minimal cost and not
normally included within the capital asset records
Centralized Billings and Collections
Several outlying City departments presently have certain accounting responsibilities, including
billing for charges and services and collecting payments. We recommend management consider
centralizing billings and collections within the Finance Department to strengthen internal
controls relating to cash receipts. This consideration should include a cost-benefit analysis as it
may be impractical to consolidate the billings and collections of all City departments.
User Access Privileges Relating to Information Technology
Several members of the Finance Department have the ability to assign access privileges for
accounting programs. For optimal segregation of duties within the Finance Department, we
would suggest this ability be limited to the Information Technology (IT) Administrator. Due to
the limited number of personnel, a Finance Department employee may also be assigned
secondary responsibilities in the absence of the IT Administrator. In this instance, we would
recommend system capabilities be designed to create an exception report or log of activity which
would be reviewed by the IT Administrator or another member of management to ensure activity
is proper.
Consolidation of Bank Accounts
The City maintains separate bank accounts for a number of funds and special programs.
Although this situation exists partly in an effort to separate special funds from the City’s general
operations, we feel that operations can be effectively segregated by the City’s general ledger
accounts. All financial transactions should be recorded and reported in the fund balance/net
asset class according to their nature and purpose. This consolidation of cash should provide
efficiency in administration and reduce the potential for errors associated with transferring funds
6
Draft
5/12/2010
between the various accounts. We also feel that consolidation of cash would greatly strengthen
the City’s internal controls.
Arbitrage Calculation
The City has several outstanding bond issuances that are tax-exempt under IRS regulations.
Management does not believe there is a current arbitrage rebate liability related to these tax-
exempt issuances and has not obtained an arbitrage study. We would suggest management
periodically consult with its bond counsel to determine the necessity of such a study.
Documentation of the Approval of Check Registers
As part of the cash disbursements approval process for certain enterprise funds, an expenditure
approval list is reviewed and approved by managers and supervisors during check run. We
noted, however, that no formal documentation of this review and approval is obtained by
accounting personnel. To strengthen internal controls related to the cash disbursements process,
we suggest managers and supervisors submit some form of acknowledgment to verify the
expenditure approval list has been received, reviewed and is authorized for payment.
Tracking of Federal Expenditures
Various City departments are currently receiving and expending federal monies. As the Finance
Department is ultimately responsible for recording and reporting these federal awards, we
recommend management require departments to submit federal expenditure and receipt detail to
the Finance Department on a quarterly or semi-annual basis throughout the year. The Finance
Department should then reconcile this detail to amounts recorded in the financial statements to
allow for a more timely and accurate determination of the amount of federal expenditures, which
are used to determine if the City is required to have an audit of compliance with the types of
compliance requirements described in the OMB Circular A-133 Compliance Supplement.
New Accounting and Auditing Standards
Governmental Accounting Standards Board Statement No. 51
The Governmental Accounting Standards Board has issued Statement No. 51, Accounting and
Financial Reporting for Intangible Assets, to establish accounting and financial reporting
requirements for intangible assets and to reduce inconsistencies in the areas of recognition, initial
measurement, and amortizations, thereby enhancing the comparability among state and local
governments.
Statement 51 is effective for the fiscal year ending December 31, 2010.
7
Draft
5/12/2010
Governmental Accounting Standards Board Statement No. 53
The Governmental Accounting Standards Board has issued Statement No. 53, Accounting and
Financial Reporting for Derivative Instruments, to address the recognition, measurement, and
disclosure of information regarding derivative instruments entered into by state and local
governments.
Statement 53 is effective for the fiscal year ending December 31, 2010.
Governmental Accounting Standards Board Statement No. 54
The Governmental Accounting Standards Board has issued Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, to enhance the usefulness of fund balance
information by providing clearer fund balance classifications that can be more consistently
applied and by clarifying the existing governmental fund type definitions.
Statement 54 is effective for the fiscal year ending December 31, 2011.
* * * *
This communication is intended solely for the information and use of management, the Mayor,
Members of the City Council and others within the organization and is not intended to be and
should not be used by anyone other than these specified parties.
May __, 2010
DRAFT
DRAFT
DRAFT
Draft
5/12/2010
Draft
5/12/2010
Independent Accountants’ Report on Financial Statements
and Supplementary Information
The Honorable Mayor
and Members of the City Council
City of Brookings, South Dakota
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, each major fund, and the aggregate remaining fund information of the City of Brookings, South
Dakota, as of and for the year ended December 31, 2009, which collectively comprise the City of
Brookings’s basic financial statements as listed in the table of contents. These financial statements are
the responsibility of the City’s management. Our responsibility is to express opinions on these financial
statements based on our audit. We did not audit the financial statements of the Brookings Health System
Fund and the Brookings Municipal Utilities Telephone Fund, which represent 25%, 30%, and 31%,
respectively, of the total assets, net assets and revenues of the business-type activities. Those financial
statements were audited by other accountants whose reports thereon have been furnished to us, and our
opinion, insofar as it relates to the amounts included for the above mentioned enterprise funds, is based
solely on the report of the other accountants.
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States. Those standards require that we plan and perform
the audit to obtain reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements. An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audit and the reports of the other accountants provide a reasonable basis
for our opinions.
In our opinion, based on our audit and the reports of other accountants, the financial statements referred to
above present fairly, in all material respects, the respective financial position of the governmental
activities, the business-type activities, each major fund, and the aggregate remaining fund information of
the City of Brookings, South Dakota as of December 31, 2009, and the respective changes in financial
position and cash flows, where applicable, thereof for the year then ended in conformity with accounting
principles generally accepted in the United States of America.
Draft
5/12/2010
Draft
5/12/2010
In accordance with Government Auditing Standards, we have also issued our report dated __________
__, 2010, on our consideration of the City of Brooking’s internal control over financial reporting and our
tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and
other matters. The purpose of that report is to describe the scope of our testing of internal control over
financial reporting and compliance and the results of that testing, and not to provide an opinion on the
internal control over financial reporting or on compliance. That report is an integral part of an audit
performed in accordance with Government Auditing Standards and should be considered in assessing the
results of our audit.
The accompanying management’s discussion and analysis and the schedules of funding progress and
budgetary comparison information as listed in the table of contents are not a required part of the basic
financial statements but are supplementary information required by the Governmental Accounting
Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of
management regarding the methods of measurement and presentation of the required supplementary
information. However, we did not audit the information and express no opinion on it.
May __, 2010
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
Draft
5/12/2010
Independent Accountants’ Report on Internal Control Over Financial
Reporting and on Compliance and Other Matters Based on an Audit
of the Financial Statements Performed in Accordance with
Government Auditing Standards
The Honorable Mayor
and Members of the City Council
City of Brookings, South Dakota
We have audited the financial statements of the governmental activities, the business-type activities, each
major fund and the aggregate remaining fund information of the City of Brookings, South Dakota (the
“City”) as of and for the year ended December 31, 2009, which collectively comprise its basic financial
statements and have issued our report thereon dated __________ __, 2010, which contained a reference to
the report of other accountants. We conducted our audit in accordance with auditing standards generally
accepted in the United States of America and the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States. Other
accountants audited the financial statements of the Brookings Health System Fund and the Brookings
Municipal Utilities Telephone Fund, as described in our report on the City’s financial statements. This
report does not include the results of the other accountants’ testing of internal control over financial
reporting or compliance and other matters that are reported on separately by those accountants.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the City’s internal control over financial reporting as
a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial
statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal
control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the
City’s internal control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent or
detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination
of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement
of the City’s financial statements will not be prevented or detected and corrected on a timely basis.
Our consideration of internal control over financial reporting was for the limited purpose described in the
first paragraph of this section and would not necessarily identify all deficiencies in internal control over
financial reporting that might be deficiencies, significant deficiencies or material weaknesses. We did not
identify any deficiencies in internal control over financial reporting that we consider to be material
weaknesses as defined above. However, we identified a deficiency in internal control over financial
reporting, described in the accompanying schedule of findings and responses as item 09-01, that we
consider to be a significant deficiency in internal control over financial reporting. A significant
deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a
material weakness, yet important enough to merit attention by those charged with governance.
Draft
5/12/2010
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free of
material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts and grant agreements, noncompliance with which could have a direct and material effect on the
determination of financial statement amounts. However, providing an opinion on compliance with those
provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The
results of our tests disclosed no instances of noncompliance or other matters that are required to be
reported under Government Auditing Standards.
We also noted certain matters that we reported to the City’s management in a separate letter dated
_________ __, 2010.
The City’s response to the finding identified in our audit is described in the accompanying schedule of
findings and responses. We did not audit the City’s response and, accordingly, we express no opinion on
it.
This report is intended solely for the information and use of the South Dakota Legislature, the governing
body, management and others within the City of Brookings, South Dakota and is not intended to be and
should not be used by anyone other than these specified parties.
May __, 2010
City of Brookings, South Dakota
Schedule of Findings and Responses
Year Ended December 31, 2009
Draft
5/12/2010
Findings Required to be Reported by Government Auditing Standards
Reference
Number Finding
09-01
Criteria or Specific Requirement – The objectives of internal
control are to provide reasonable rather than absolute
assurance that assets are safeguarded and financial
statements are reliable.
Condition – The detailed records for land held for resale did
not agree to the control account used for the financial
statements.
Context – The accuracy of financial statement balances and
presentation is dependent upon the accuracy of the
underlying and supporting schedules and proper
communication between different levels of management.
Effect – An adjustment was recorded in the current year
financial statements to properly reflect the balance shown
in the detailed property records.
Cause – Formal procedures are not currently in place to make
all members of management aware of certain significant
transactions.
Recommendation – City management should evaluate and
modify procedures and controls that are currently in
place, to provide for the communication of certain
significant transactions to all levels of management.
Views of Responsible Officials and Planned Corrective
Actions (Management’s Response) – City management
concurs with the finding and recommendation.
Procedures have been instituted to improve
communication between departments regarding such
matters and specific staff have been assigned to oversee
transactions.
City Council Packet
May 25, 2010
89
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. 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 25, 2010
90
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 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 25, 2010
91
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. Council Invites & Obligations.
Date
Day
Event &
Brief Description
Time
Location
Town
Address
Directions
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
July 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 27 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
Sept. 23-25 Thursday –
Saturday
NLC 18th Annual Leadership
Summit “Leading the Charge
in Local Government”
Philadelphia, Pennsylvania
September 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
Nov. 29 –
Dec. 4
Monday –
Saturday NLC-Congress of Cities
Denver, CO
December 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
City Council Packet
May 25, 2010
92
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 Resolution No. 53-10, designating the Park & Recreation Center as a Convention Facility;
August 28, 2010.
D. Action to approve a temporary liquor license for the Firemen’s Dance on August 28, 2010.
E. Action on Resolution No. 54-10 setting forth a schedule of proposed fines for violations of the
Ordinances of the City of Brookings, SD.
F. Action on Resolution No. 55-10 declaring property to be surplus and providing for sale by public
auction.
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports
5. Open Forum.
6. SDSU Student Senate Report.
Ordinance First Readings
7. Ordinance No. 22-10: An ordinance pertaining to an application for a Conditional Use for a Church in
the Business B-2 District, West 35 feet of Lots 15 and 16, Block 1, Peterson’s First Addition.
Public Hearing: June 8th
8. 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.
Public Hearing: June 8th
9. Ordinance No. 23-10: An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of
the City of Brookings and Pertaining to the 2006 International Residential Code with certain Amendments
thereto. Public Hearing: June 8th
10. Ordinance No. 24-10: An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of
the City of Brookings and Pertaining to the 2006 International Building Code with certain Amendments
thereto. Public Hearing: June 8th
Second Readings/Public Hearings
11. Hearing and action on an application to move a one-story, single-family home from 510 Third Street to
Lot 4, Block 1, Parkdale Home Addition (918 Third Avenue).
Open & Close Public Hearing, Motion to Approve, Roll Call
12. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
13. Ordinance No. 20-10: An Ordinance Amending Chapter 22 of the Code of Ordinances of the City of
Brookings Pertaining to Moving a Building.
Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
14. Adjourn.
City Council Packet
May 25, 2010
93
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 Resolution No. 53-10, designating the Park &
Recreation Center as a Convention Facility; August 28, 2010.
D. Action on temporary liquor license for the Firemen’s Dance;
August 28, 2010.
E. Action on Resolution No. 54-10 setting forth a schedule of
proposed fines for violations of the Ordinances of the City of
Brookings, SD.
F. Action on Resolution No. 55-10 declaring property to be
surplus and providing for sale by public auction.
*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 25, 2010
94
CONSENT AGENDA #4
B. Approval of City Council Meeting minutes.
The draft May 11th Brookings City Council minutes and a correction to the April 6th
minutes are enclosed for Council review and approval.
City Council Packet
May 25, 2010
95
CORRECTION: April 6, 2010 City Council Minutes
The minutes of the April 6, 2010 City Council meeting were approved on April 27, 2010.
The following is a correction.
Brookings City Council
April 6, 2010
The Brookings City Council held a meeting on Tuesday, April 6, 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, and Tom Bezdichek. Council Member Mike McClemans was
absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie
Foster were also present.
Joint Cooperative Agreement – County/City Administrative Office Building. A
motion was made by Kubal, seconded by Bartley, to approve a Joint Cooperative Agreement
for a County/City Administrative Office Building. No public comment was made. All present
voted yes; motion carried.
JOINT COOPERATIVE AGREEMENT FOR COUNTY/CITY ADMINISTRATIVE
OFFICE BUILDING
Agreement made April 6, 2010, between Brookings County, SD, a South Dakota County (the
“County”) and the City of Brookings, South Dakota a municipality under South Dakota law (the
“City”).
WHEREAS, County and City are in need of additional space for administrative offices; and
WHEREAS, the parties believe that combining their offices in a single building will enhance the
ability of both to serve the public; and
WHEREAS, pursuant to the formal approval by the County on April 13, 2010 and the formal
approval by the City on April 6, 2010, the officers of the respective entities are authorized to
enter into this agreement:
NOW THEREFORE, the parties agree as follows:
Section One
Statutory Authority
This agreement is made pursuant to the authority granted by SDCL § 1-24-1 to 1-24-23,
inclusive and 6-3-2.
Section Two
Purpose of the Agreement and Use of the Building
This agreement is intended to specify terms and conditions under which County and City will
purchase land together and construct, equip and maintain an administrative building for the joint
and common use of the County and City to house the County’s Offices and the City’s
Administrative Offices. Further, it is the intent of both Parties that this Agreement may be
amended and supplemented prior to the beginning of, or during the construction period.
City Council Packet
May 25, 2010
96
Section Three
Acquisition of Property
County and City are negotiating the purchase of the properties as set forth in Exhibit “A”
attached hereto and by this reference incorporated herein. County and City shall each be
obligated to pay one-half of the costs of such property acquisition, including purchase prices,
closing costs and demolition costs. Upon closing all of such properties shall be titled in the
names of County and City jointly.
Section Four
Building Name and Use
The name of the building shall be the BROOKINGS GOVERNMENT CENTER.
The building shall be used to house the administrative functions of the County and City and for
such other purposes as the County and City deem appropriate.
Section Five
Estimated Cost and Financing
The estimated cost of the joint building is not to exceed 12 Million Dollars which shall be born
by each party as stated herein. It is anticipated that County has sufficient funds set aside to
purchase said properties and pay for its share of the construction of the building by
appropriation. It is anticipated that City will issue sales tax bonds and appropriate the bond
proceeds to pay its share of the purchase of said properties and the construction of the building.
Section Six
Allocation of Construction Costs
A) Each party shall pay for the general cost of constructing the joint administrative building an
allocated share based upon their respective square footage of separate office area as it relates to
the combined square footage of both separate office areas. The general cost of constructing the
joint administrative building for the purposes of such payment allocation shall include the
following:
1. All costs of architects, engineers and construction manager;
2. Site preparation and footings;
3. All exterior walls, windows and doors;
4. The roof and floor structure;
5. All heating and air conditioning systems;
6. All load-bearing walls;
7. Utility service (electrical, plumbing, telephone, security systems, and related wiring
and lighting), excluding utility work in the separate areas of each party; and
8. All costs relating to common areas, including hallways, bathrooms,
commission/council chambers and other combined meeting rooms.
9. Parking lots, exterior lighting, signage and landscaping.
B) Each party shall pay in full the costs of construction regarding each party’s separate office
area, including:
1. All utility service serving only each separate area;
2. All non-load bearing walls and similar dividers;
3. All finish work, trim, painting, carpeting, lighting and ceilings; and
4. All equipment.
City Council Packet
May 25, 2010
97
C) Each party shall timely pay its respective share of the construction costs as they become due
under the construction contracts.
Section Seven
Design Approval
The Joint Committee shall work with the architect to develop plans for the building layout,
exterior, common areas, landscaping and parking lots. Such plans shall be submitted for
approval to the County Commission and the City Council upon completion of the schematic
design phase and upon completion of the design development phase. The County Commission
shall have the sole and final approval of the design and interior finishing of the County’s separate
area and the City Council shall have the sole and final approval of the design and interior
finishing of the City’s separate area.
Section Eight
Furniture, Fixtures and Equipment
The City and County will each pay for their own furniture, fixtures and equipment necessary for
their operations in the Building. Each Party shall pay for furniture, fixtures and equipment
necessary for the joint areas and the general operation of the building based upon the same
allocation as for construction costs under Section Six (A) above.
Section Nine
Insurance
Liability insurance shall be procured jointly, if necessary, by the County and the City to protect
said governmental units from any and all claims for bodily injury, including death and property
damage arising out of the use or operation of the facility. In addition, fire and extended coverage
insurance in an amount not less than the cost of construction, shall be obtained by the County
and the City, which will insure the owners of the building in case of fire, catastrophe, or other
damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay
for the cost of such insurance based upon the same allocation as for construction costs under
Section Six (A) above. Each Party shall pay for any insurance on its separately owned furniture,
fixtures and equipment.
Section Ten
Portion and Method of Allocating Expenses of Operation and Maintenance
Each party shall pay for all costs of maintenance, repairs, utility and capital replacement for its
separate areas. The costs of maintenance, repairs, utilities and capital replacement of the
building exterior, roof, heating and air conditioning systems, grounds, parking lot and common
areas shall be allocated between the Parties based upon the same allocation as for the
construction costs under Section Six (A) above.
Section Eleven
Management of Common Areas
The City Manager shall be responsible for the management and scheduling of jointly used areas
of the building. The County Commission and the City Council shall always have priority as to
the use of the Commission/Council Chambers. Any fees generated by the use of the common
City Council Packet
May 25, 2010
98
areas of the building shall be applied to the costs of maintenance and upkeep of such common
areas.
Section Twelve
Personnel
The City shall control the personnel and operations of its offices and the County shall control the
personnel and operations of its offices; except as specifically agreed to within the terms of this
Agreement or any other agreement between the Parties.
Section Thirteen
Building/Advisory Committee
A building advisory committee, consisting of four (4) members, two (2) from the County and
two (2) from the City, shall meet periodically as necessary for the purpose of discussing
problems or difficulties during the planning, design and construction of the building; and the
continued operation of the building and grounds. The City Manager and the County
Commission Assistant shall be non-voting members of such committee. Such committee shall
have general authority concerning the planning, design and construction of the building and the
continued operation of the building, provided, however, that the following matters are subject to
approval by both the County Commission and the City Council:
Hiring architects and engineers;
Approval of final design and plans;
Bidding all contracts;
All bonds and financing; and
Annual operation budget.
In the event members of the Building/Advisory Committee are at an impasse by virtue of a tie
vote on an issue they deem irreconcilable, the Committee agrees to submit the issue to a dispute
resolution and mediation process.
Section Fourteen
Disposition of Revenue Derived from Building
In the event that there exists any revenues derived from the operations of the building, the
County and City shall retain such revenues as are attributable to the space under its control.
Section Fifteen
Termination
This agreement shall continue until otherwise terminated by the parties by mutual agreement.
Section Sixteen
Partial Invalidity
In any one or more of the provisions of this Agreement, or of any exhibit or attachment thereto,
shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of
lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof, or of any exhibit or attachment thereto, but the Bond Resolution, and the
exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or
unenforceable provision had never been contained herein, or therein, as the case may be.
City Council Packet
May 25, 2010
99
Section Seventeen
Agreement Open to Public Inspection/Publication of Proceedings
This agreement shall be filed and copies hereof kept as an open record with the County Finance
Officer and City Clerk and shall be open to public inspection. The publication and other
procedures for Notice of Meetings, Meetings, including Agendas and Minutes of Meetings
wherein Joint Cooperative Powers business is conducted shall conform to the respective
procedures of the County of Brookings and City of Brookings.
Section Eighteen
Amendments
This agreement may be amended and supplemented from time to time by the action of the
governing bodies of the County and City. All amendments or supplements shall be filed in
accordance with Section Seventeen.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
written.
Tim Reed, Mayor Dennis Falken, Chair, Brookings County
Board of Commissioners
ATTEST: ATTEST:
_____________________________
Shari Thornes, City Clerk Vicki Buseth, County Finance Officer
City Council Packet
May 25, 2010
100
Brookings City Council
May 11, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, May 11, 2010 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Keith Corbett, 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.
Oath of Office Ceremony. Council Members Jael Thorpe and Keith Corbett were presented
with Certificates of Election as each took their Oath of Office for three year terms as City
Council members.
Hospital Governance. Upon adopting the 2010 Strategic Plan, the City Council also prioritized
eight large policy issues needing additional discussion. One of those issues pertained to
Hospital Governance.
At this meeting the Council discussed the following questions: 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? 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? 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?
Council consensus was to review all hospital related ordinances, City Charter references and
the Hospital’s most recent survey within the next two months.
City Council member introduction of topics for future discussion. A motion was made by
Kubal, seconded by Bezdichek, to schedule discussion and possible action on the Swiftel Center
issue on the City Council agenda as soon as possible (June 8th). All present voted yes; motion
carried.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A motion was made by McClemans, seconded by Kubal, to approve the
consent agenda as follows:
A. Action to approve the agenda.
B. Approval of the April 27th Council Meeting minutes as amended (The voting record for
Res. 49-10 was corrected to state that Mayor Reed abstained).
C. Action to appoint Julie Whaley (term expires Jan. 1, 2011), and Rob Jones (filling K.
Corbett’s vacancy; term expires Jan. 1, 2012) to the Brookings Health Systems Board of
Trustees.
D. Action to appoint John Sydow (filling L. Fjeldos vacancy) to the Planning Commission. Term
expires Dec. 31, 2012.
City Council Packet
May 25, 2010
101
E. Action to appoint Les Rowland (filling J. Kant vacancy) to the Historic Preservation
Commission. Term expires Jan. 1, 2012.
F. Action to appoint Jared Ellefson as the SDSU Student Representative on the Brookings
Transportation Board with Tim Goldammer serving as alternate. Terms expire May 1,
2011.
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.
On the motion, all present voted yes; motion carried.
Presentation of Mayor’s Awards for Historic Preservation. Mayor Reed presented the
annual Mayor’s Awards for Historic Preservation to Dick Fergen for Overall
Commercial Rehabilitation of 427 Main Avenue, Nick’s Hamburger Shop; to Chuck and
Mary Lou Berry for Overall Residential Restoration of 202 Fifth Street; to David and
Tasha Jones for Overall Residential Restoration of 617 Eighth Avenue, and to Jim and
Doris Roden for Overall Residential Restoration of 727 Main Avenue.
City/County Intergovernmental Administration Building Construction Manager Contract. A
motion was made by Bartley, seconded by Kubal, to authorize the Mayor to sign the contract
with Bossardt Corporation, the Construction Manager for the Brookings City/County
Administration Building Project. A motion was made by Reed, seconded by Bezdichek, to
TABLE. Bezdichek, Corbett, McClemans, Reed and Thorpe voted yes; Bartley and Kubal voted
no; motion carried to TABLE.
Replacement Fire Engine #5. A motion was made by Bezdichek, seconded by Thorpe, 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. All present voted yes; motion carried.
First Reading – Ordinance No. 19-10. A first reading was held on 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 25,
2010.
First Reading – Ordinance No. 20-10. A first reading was held on 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 25, 2010.
Public Hearing. A public hearing was held 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. No
public comment was made. A motion was made by Kubal, seconded by Bezdichek, to approve.
All present voted yes; motion carried.
Ordinance No. 17-10. A public hearing 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
City Council Packet
May 25, 2010
102
and pertaining to Loud and Raucous Noise in the City of Brookings, South Dakota. No public
comment was made. A motion was made by Thorpe, seconded by Kubal, to approve
Ordinance No. 17-10. All present voted yes; motion carried.
Ordinance No. 18-10. A public hearing 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. A motion was made by Bartley, seconded by McClemans, to approve Ordinance No.
18-10. All present voted yes; motion carried.
Agreement Renewal. A motion was made by Kubal, seconded by Thorpe, to approve an
agreement renewal between the City of Brookings and Brookings Chamber for Chamber
Activities and Visitor Promotion. All present voted yes; motion carried.
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 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; and
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOREGOING
RECITALS AND AS FOLLOWS:
City Council Packet
May 25, 2010
103
1. 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 Chamber Executive Director. Amendments may be made following such reviews and at
other times by mutual agreement of the parties.
2. 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.
3. 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 services described
in Attachment A to this agreement, Initial Budget and Scope of Work.
4. 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 due to unforeseen budget constraints.
5. 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.
6. 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
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,
City Council Packet
May 25, 2010
104
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.
7. 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.
8. Termination. Any party to this agreement may terminate this agreement at the end of any
City of Brookings fiscal year (the calendar year), with 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 reasonable and direct costs
agreed upon by both parties 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.
9. Amendments. This agreement may be amended or supplemented from time to time by action
of the parties hereto.
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) ($150,000)
1. Marketing and Promotion Program – of events, facilities and tourist sites to tourists and
visitors.
2. Recruitment Program – recruit conventions, conferences, events and tournaments
City Council Packet
May 25, 2010
105
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.
Draft Storm Water Ordinance. The Council reviewed the Draft Ordinance for Storm Water
Phase II Regulations. First reading is scheduled for May 25th.
Adjourn. A motion was made by McClemans, seconded by Thorpe, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 9:11 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
106
CONSENT AGENDA #4
C. Action on Resolution No. 53-10, designating the Park &
Recreation Center as a Convention Facility; August 28, 2010.
The Annual Firemen’s Dance is scheduled for Saturday, August 28, 2010, in the Park &
Recreation Center. In order for the City to issue a temporary liquor license, the City
Council must first designate the Center as a Convention Facility. Resolution format is
required by state law. Resolution No. 53‐10 provides that approval.
Resolution No. 53‐10
Resolution Designating the Park and Recreation Center
as a Convention Hall
Whereas, the Brookings City Ordinance Section 5‐21 “Temporary on‐sale license for
use as convention Hall”, states “Any public convention center or hall designated by
resolution of the City is hereby designated as a convention hall of the City for purposes
of temporary on‐sale alcoholic beverage licensing. The use of each convention hall by
any person holding a temporary on‐sale alcoholic beverage license shall be governed by
the rules or regulations pertaining to each respective facility.”
Whereas, SDCL 35‐4‐14.2 further states there may be issued in any municipality one
on‐sale license to be operated at a designated convention hall; and
Whereas, the Park and Recreation Center located at 221 Main Avenue is utilized for
many different functions and events; and
Now, Therefore Be It Resolved that the Park and Recreation Center be designated as a
Convention Hall on August 27 and 28, 2010.
Passed and approved this 25th day of May 2010.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
107
CONSENT AGENDA #4
D. Action to approve a temporary liquor license for the Firemen’s
Dance on August 28, 2010.
City Council action is required to approve a temporary liquor license to
the Brookings Firemen’s Association for the Annual Firemen’s Dance on
August 28, 2010. All required documents have been filed with the City
pertaining to insurance and other licensing requirements.
City Council Packet
May 25, 2010
108
CONSENT AGENDA #4
E. Action on Resolution No. 54-10, setting forth a schedule of
proposed fines for violations of the Ordinances of the City of
Brookings, SD.
The 2010 South Dakota Legislature enacted House Bill 1081 increased
Court costs by $9.00 for municipal ordinance (and State law) violations,
with an emergency effective date of March 1, 2010. The City of Brookings
has adopted a Resolution which sets forth proposed Fines and Costs for
various municipal ordinance violations. This “Fine Resolution” is filed with
the Clerk of Courts and used by our Police Officers, as well as the
Magistrate and Circuit Court Judges, to impose fines. Judges are certainly
not required to use the Fine Schedule, but the Fine Schedule is helpful to
the Judges in determining the City’s position as to proposed Fines. Police
Officers issue tickets consistent with the attached Fine Schedule.
The proposed Resolution incorporates the $9.00 court cost increase, and in
most cases slightly increases the fine so the total of fine and costs is an even
number for administrative convenience.
City Council Packet
May 25, 2010
109
Resolution No. 54-10
A Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of
the City of Brookings, South Dakota.
Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the
following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of
Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs Total
Miscellaneous Offenses
6-3 Open Container (alcoholic beverage)
(Beer, wine, liquor in vehicle or on street) 50.00 60.00 110.00
6-142 Attempt to Purchase 50.00 60.00 110.00
6-143 Misrepresentation of Age 50.00 60.00 110.00
6-73 Possession of Keg Restricted 50.00 60.00 110.00
70-35 Littering 50.00 60.00 110.00
58-33 Resisting an Officer 50.00 60.00 110.00
58-36 Fleeing from a Police Officer 50.00 60.00 110.00
58-161 Public Urination 50.00 60.00 110.00
(formerly Disorderly Conduct)
58-162 Disturbing the Peace - House Parties
First Offense 50.00 60.00 110.00
Second Offense (within 1 year period) 100.00 60.00 160.00
Third Offense (within 1 year period) 200.00 60.00 260.00
Parking Offenses
82-428 Places Where Prohibited 25.00 60.00 85.00
82-463 Illegal Parking (2 hr. downtown or Medary) 25.00 60.00 85.00
82-465 Parking Prohibited During Snow Removal 25.00 60.00 85.00
94-431(2) Front Yard Parking Prohibited 25.00 60.00 85.00
Traffic/Driving Offenses
82-127 Failure to Comply w/Warning Ticket 50.00 60.00 110.00
82-167 Traffic Signals 50.00 60.00 110.00
82-203 Duty to Provide Information 50.00 60.00 110.00
82-206 Unattended Vehicle 50.00 60.00 110.00
82-207 Property Damage 50.00 60.00 110.00
82-208 Immediate Notice 50.00 60.00 110.00
82-241 Driver's License Violation 50.00 60.00 110.00
82-242 Age of Driver 50.00 60.00 110.00
82-243 License Plate Violation 50.00 60.00 110.00
82-244 Maximum Passengers 40.00 60.00 100.00
82-246 Driving on Sidewalk 40.00 60.00 100.00
82-247 Exhibition Driving 50.00 60.00 110.00
82-248 Following Too Closely 40.00 60.00 100.00
City Council Packet
May 25, 2010
110
Section Offense Fine Costs Total
82-249 Following Fire Apparatus 40.00 60.00 100.00
82-251 Unsafe Backing 40.00 60.00 100.00
82-252 Driving Over Fire Hose 40.00 60.00 100.00
82-271 Driving on Left Side of Street 40.00 60.00 100.00
82-276 Driving on Divided Highway 40.00 60.00 100.00
82-277 Overtaking Vehicles/Passing to Left
Required; Cutting in Front 40.00 60.00 100.00
82-279 Passing in No Passing Zone 40.00 60.00 100.00
82-280 Duty of Driver of Overtaken Vehicle;
Increasing Speed 40.00 60.00 100.00
82-305 Speed Limit Designated
Exceeding Limits 30.00 60.00 90.00
1-5 mph Over Speed Limit 30.00 60.00 90.00
6-10 mph Over Speed Limit 40.00 60.00 100.00
11-15 mph Over Speed Limit 50.00 60.00 110.00
16-20 mph Over Speed Limit 70.00 60.00 130.00
21-25 mph Over Speed Limit 105.00 60.00 165.00
Over 25 (Court Appearance) 140.00 60.00 200.00
82-306 Speeding in School Zones 50.00 60.00 110.00
82-309 Reckless Driving 70.00 60.00 130.00
82-310 Careless Driving 50.00 60.00 110.00
82-332 Right Turn 40.00 60.00 100.00
82-333 Left Turn 40.00 60.00 100.00
82-334 U-Turn Restricted 40.00 60.00 100.00
82-337 Cutting Corner 40.00 60.00 100.00
82-362 Yielding Right-of-Way to Emergency
Vehicles; Duty of Driver of
Emergency Vehicle not to Exercise
Right-of-Way Arbitrarily 40.00 60.00 100.00
82-365 Vehicle Entering Stop Intersection 40.00 60.00 100.00
82-366 Stop Required Before Entering from
Alley, Building or Private Road;
Place of Stopping 40.00 60.00 100.00
82-367 Obedience to Stop and Yield 40.00 60.00 100.00
82-369 Stop at Railroad Crossing Signal 40.00 60.00 100.00
82-392 Obedience (One Way Streets & Alleys) 40.00 60.00 100.00
82-424 Manner of Use of Diagonal Parking
Spaces 25.00 60.00 85.00
82-561 Lights on Vehicle 30.00 60.00 90.00
82-563 Obstruction of Vision 30.00 60.00 90.00
82-565 Exhaust System 30.00 60.00 90.00
82-603 Pedestrian Right-of-Way 40.00 60.00 100.00
82-605 Jaywalking 40.00 60.00 100.00
City Council Packet
May 25, 2010
111
Section Offense Fine Costs Total
82-682 Operation of Snowmobiles on Public
Parks, Streets, Roads, Alleys
Sidewalks, Boulevards & Rights-
of-Way 40.00 60.00 100.00
82-684 Operation of Snowmobiles on Public
Property 40.00 60.00 100.00
82-721 Clinging to Moving Vehicles 40.00 60.00 100.00
82-751 Bicycle Offense 25.00 60.00 85.00
82-842 Driving Through Processions 40.00 60.00 100.00
Housing and Zoning Offenses
Housing
22-374 Agent Required 40.00 60.00 100.00
22-401 Licensing of Leased Dwelling Units 30.00 60.00 90.00
22-402 Filing of Application Forms 30.00 60.00 90.00
22-405 Payment of License Fees 30.00 60.00 90.00
22-432 Failure to Comply With
Smoke Detector Requirement
First Offense 155.00 60.00 100.00
(suspended on
condition of no
similar violations
for 1 year.)
Second Offense 155.00 60.00 215.00
Third Offense 200.00 60.00 260.00
22-433 Failure to Comply with
Exit Requirement
First Offense 155.00 60.00 100.00
(suspended on
condition of no
similar violations
for 1 year.)
Second Offense 155.00 60.00 215.00
Third Offense 200.00 60.00 260.00
22-434 Failure to Comply with
Parking Requirement
First Offense 155.00 60.00 100.00
(suspended on
condition of no
similar violations
for 1 year.)
Second Offense 155.00 60.00 215.00
Third Offense 200.00 60.00 260.00
Zoning
94-123(c) First Offense:
94-124(c) 200.00 60.00 150.00
City Council Packet
May 25, 2010
112
(suspended on
condition of no
similar violations
for 1 year.)
94-125(c) Permitted Uses (Unlawful Use)
94-126(c)
94-127(c)
94-128(c) Second Offense:
94-129(c) 200.00 60.00 260.00
94-130(c)
All Other Zoning Ordinances Violations
Passed and approved this 25th day of May, 2010.
CITY OF BROOKINGS
_______________________________________
ATTEST: Tim Reed, Mayor
__________________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
113
CONSENT AGENDA #4
F. Action on Resolution No. 55-10, declaring property to be surplus
and providing for sale by public auction.
To: Mayor Tim Reed and City Council, Jeff Weldon, City Manager and
Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: May 20, 2010
Re: Proposed Resolution Declaring Property to be Surplus and Providing
for Sale by Public Auction
This Resolution establishes a plan for those structures which remain upon
the real property acquired from the various property owners for the
city/county administration building. The Purchase Agreements allow the
Sellers to move the structures at their expense within 30 days after Closing.
If any structures are not moved by the Sellers, then under State law, if the
County and City desire to sell the structures, the County and City are each
required to declare the property surplus. The Resolution triggers the State
Surplus Property Laws and can then proceed to offer the structures for sale
at public auction in conformity with the Surplus Property Laws.
City Council Packet
May 25, 2010
114
Resolution No. 55-10
A Resolution Declaring Property to be Surplus and Providing for Sale by Public
Auction
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings and the County of Brookings have jointly acquired real
property as a site for an intergovernmental administrative building, such property being
described in Exhibit “A”, which is attached hereto and made a part hereof, and
Whereas, such real property has various buildings and structures located thereon, including but
not limited to, an apartment house, houses, business buildings and garages; and
Whereas, none of such buildings are necessary or desirable for the proposed
intergovernmental administrative building and all of such buildings must be removed prior to
commencing construction of such intergovernmental administrative building, and
Whereas, none of such existing buildings are useful or suitable for the purpose for which such
real property was acquired,
Whereas, certain of the structures may be removed pursuant to contracts with the Sellers of
the real property, and therefore this Resolution is intended to pertain to those structures
which are not moved by the Sellers of the real property,
Now Therefore,
1. Each and all of the existing buildings and structures currently located on the real property
identified in Exhibit “A” which are not moved by the Sellers of said real property are hereby
determined to be surplus property as provided by SDCL 6-13-1; and
2. Each and all of such existing buildings and structures shall be sold at public auction to the
highest bidder as provided by SDCL 6-13-6, such sales to be with the provision that such
buildings and structures shall be removed from such real property by the purchasers within
thirty days of the date of such public auction.
Passed and approved on the 25th day of May, 2010.
CITY OF BROOKINGS, SD
ATTEST:
Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
115
Exhibit “A”
________________________________________
Owner
Street Address
of Property
Legal Description
of Property
Vine Street Properties LLC 512 – 3rd Street, Brookings,
South Dakota 57006
Lot Four (4) in Block Three (3) of the First
Addition to the City of Brookings, County
of Brookings, State of South Dakota.
Blair R. Collins 524 – 3rd Street, Brookings,
South Dakota 57006
Lots One (1) and Two (2) in Block Three
(3) of First Addition to the City of
Brookings, County of Brookings, State of
South Dakota.
Gatzke Family Enterprises, L.L.C. 506 – 3rd Street and 222 – 5th
Avenue, Brookings, South
Dakota 57006
Lot “G” in Block Three (3) of the First
Addition to the City of Brookings, County
of Brookings, State of South Dakota.
Darin R. Dobrenski and Tammy
J. Dobrenski
513 Front Street, Brookings,
South Dakota 57006
The East Thirty Feet (E 30') of Lot Eight (8)
in Block Three (3) and that portion of Lot
Eight “A” (8A) abutting and accruing
thereto, of First Addition to the City of
Brookings, County of Brookings, State of
South Dakota.
Shane S. Carlson 510 – 3rd Street, Brookings,
South Dakota 57006
Lot Five (5) in Block Three (3) of First
Addition to the City of Brookings, County
of Brookings, State of South Dakota.
John Patrick Leary and Eunice J.
Leary
216 – 5th Avenue, Brookings,
South Dakota 57006
The South Fifty Feet (S 50') of Lots Six (6)
and Seven (7) in Block Three (3) of the
First Addition to the City of Brookings,
County of Brookings, State of South
Dakota.
Robert J. Bern 511 Front Street, Brookings,
South Dakota 57006
The West Fifty-six Feet
(W 56') of the East Eighty-six Feet (E 86')
of Lot Eight (8) in Block Three (3) of the
First Addition to the City of Brookings,
County of Brookings, State of South
Dakota AND That portion of the vacated
portion of Front Street (sometimes
known as Lot Eight “A” (8A) of Block
Three (3)) abutting and accruing thereto.
Bruce L. Lentsch and Maureen J.
Lentsch
518 – 3rd Street, Brookings,
South Dakota 57006
Lot Three (3) in Block Three (3) of First
Addition to the City of Brookings, County
of Brookings, State of South Dakota.
City Council Packet
May 25, 2010
116
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 25, 2010
117
Ordinance First Readings**
7. Ordinance No. 22-10: An ordinance pertaining to an application
for a Conditional Use for a Church in the Business B-2 District,
West 35 feet of Lots 15 and 16, Block 1, Peterson’s First Addition.
Public Hearing: June 8, 2010
** 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.
Applicant: Dakota Conference of Seventh Day Adventists
Proposal: Establish a church in an existing building on 6th Street
Background: The building on this lot was originally used as a residence. In 1958, the
house was remodeled into a dental office. The dental office continued in this location
until 1979 when it is believed to have been purchased by a local bank. The bank used
the building for office/storage space and subsequently sold it to an abstract company.
Specifics: The proposed use involves a small congregation that would worship in the
building on Saturday afternoons. The minimum standards for this use in the Business B-
2 District are as follows:
Sec. 94-264. Church:
This use shall be located on a collector or arterial street. The parking area
shall be designed to have a minimal impact on surrounding residential
properties.
The applicant has submitted a letter from an adjacent property owner giving permission
for the church to use their parking lot during off-hours on Saturday afternoon. This lot
has ample parking and is located west of the alley. The property itself has about five (5)
parking spaces in the rear.
Adjacent uses include a bank, publications business, and a mixed business/residential use.
The entire block is in the Business B-2 District.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the conditional use subject to the condition in the ordinance.
City Council Packet
May 25, 2010
118
Ordinance No. 22-10
An Ordinance Pertaining to an Application for a Conditional Use for a Church in
the Business B-2 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a Church on the west 35 feet of Lots 15 and 16, Block 1,
Peterson’s First Addition with the following conditions:
The Conditional Use shall only be granted to the Dakota Conference of Seventh Day
Adventists.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2010
Second Reading:
Published:
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
123
Planning Commission
Brookings, South Dakota
May 4, 2010
OFFICIAL MINUTES (EXCERPT)
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on May 4, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, Dave Kurtz, and Gregg. Al
Heuton and John Gustafson were absent. Others present were Pastor Nicholas Eaton,
Community Development Director Mike Struck, and Planning and Zoning Administrator Dan
Hanson.
Item #3 - The Dakota Conference of Seventh Day Adventists has submitted an application for
a Conditional Use on the west 35 feet of Lots 15 and 16, Block 1, Peterson’s First Addition,
also known as 415 6th Street.
(Kurtz/Avery) Motion to approve the Conditional Use.
(Kurtz/Cameron) Amendment to the motion to approve subject to the following conditions:
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 #3 – Pastor Nicholas Eaton stated that the plan was to use the site for about one year.
The current congregation consisted of about 16 members.
Cameron felt that the proposed parking area was appropriate for the use, and he did not feel it
would have a negative impact on adjacent properties.
Fargen asked about signage. Eaton replied that a sign would be erected in the future, and a
handicap ramp would also be installed.
City Council Packet
May 25, 2010
124
Ordinance First Readings**
8. 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.
Public Hearing: June 8, 2010
** 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.
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.
On May 11, 2010, Jackie Lanning, City Engineer, presented a proposed draft
of the Storm Water Ordinance to the City Council. At the meeting,
contractors provided feedback on the draft ordinance. After researching
their suggestions, the following was determined for the Ordinance:
City Council Packet
May 25, 2010
125
• DENR guidance indicates that the MS4 must have an Ordinance or
regulatory mechanism to require erosion and sediment controls
along with sanctions to ensure compliance. The proposed Ordinance
will require a grading permit for a disturbed area of 5,000 square
feet, which was an arbitrary number selected based one-half the size
of an average residential lot in Brookings.
• The ordinance includes language indicating the property owner is
responsible for illicit discharges, and the permittee will be designated
as the responsible party for the grading permit. Both property
owners and contractors would be allowed to apply for the grading
permit.
• The Ordinance does not mandate the type of best management
practices (BMP), however, the SDDOT 2006 Sediment and Erosion
Control Manual and the SDDOT 2010 Erosion and Sediment
Control and Storm Water Management Manual are designated as
reference documents to assist the applicant in determining the
erosion and sediment and control measures to use.
Since this was an important process, the City Engineer will issue a press
release and mail a notice to the following list for the second reading of the
ordinance which is scheduled for June 8, 2010.
MAILING LIST FOR STORM WATER PHASE II COUNCIL MEETINGS
CONTRACTOR'S NAME
BROOKINGS
Ahlers Construction (Mark Whaley)
Bartels Construction (Dean Bartels)
Behrend Construction (Rolfe Behrend)
Boniface Construction (Rob Boniface)
Built-Rite (Gary LaJoie)
Borah Construction (Ryan Borah)
Brower & Buys
Clark Drew Construction (James & Chris Drew)
Concrete Contractors (Burns)
Covrig Construction (Chad Covrig)
Dakota Homes Inc. (Kneip-Hammond)
Dakota Roofing (Dustin Hendrickson)
EJW Properties (Dan Denure)
Feucht Construction (Randy Feucht)
GLS Construction (Gale Svennes)
City Council Packet
May 25, 2010
126
Gulbranson Development (Dean Gulbranson)
Habitat for Humanity
Hamlin Pro Center
Hodges, Scott (Best Choice Realty/Developer)
Homestead
Hometown Construction
Houtman Construction (George Houtman)
ICAP
Ishol, Kevin (Realtor/Developer)
Ken Nordstrom Construction (Duane Ahlers/Nordstrom
Kerrys Sprinkler & Landscaping (Kerry Antenson)
Kneip, Dave (Best Choice Realty/Developer)
Kreyger, Craig (Builder/Developer)
Krogman, Ryan (Century 21 Realty)
Kuechenmeister Construction (Mike)
Kurtz, Cliff
Links Construction (Alan Links)
Lounsbery Construction
McClemans, Mike (Developer/Builder)
Meyer, Kevin (Builder)
Mills Construction (Randy Hanson)
Moriarty, Paul (Developer)
Owens Enterprises (Dave Owens)
Price, Wade (Developer)
Randy Bjorklund Construction (Randy Bjorklund)
Rauenhorst Construction (Rick Rauenhorst)
Rettedal Construction (Dan Rettedal)
Right Angle Construction (Rick Stevens)
Shawn’s Custom Homes (Shawn Knapp)
Steineke Construction (Marty Steineke)
Timmons Construction
UBC
Vaughn Construction (Doug Vaughn)
Voss, Todd (Builder/Developer)
Waltz Construction
Weeks Construction (Kenwood)
Yunginger, Jim (Builder)
OUT OF TOWN
Aaron Stoltenburg Construction
Cub Construction (Clint Kooima)
Elkton Lumber-(Myers Const.-Kevin-Elkton)
Genuine Builders (Jim Bunker)
Glacial Lakes Custom Homes (Jason Saathoff)
Homola Construction (Dennis Homola)
Kopman Builders (Dwight Kopman)
City Council Packet
May 25, 2010
127
M&D Homes (Mark & Dan Seppanen)
Nelson Custom Carpentry (Dan, Austin, Ron)
Nelson, Paul-Bruce
Pederson, Doug
Prairie Fire Homes
Hicks, Randy
Robbins Construction (Mike Robbins)
Rudebusch, Marlyn
Severson Construction (Rick Severson)
Tellinghuisen Construction
Thompson, Sheldon
TnT Construction, Inc. (Troy Trygstad)
Trysgstad Custom Carpentry (Arlyn)-Volga
MASONRY CONTRACTORS
Caulison, Scott
Consolidated Concrete
Crisp Concrete (Kenny)
Discmacon Masonry (Dick Anderson)
Ludwig Concrete (Kevin Ludwig)
Olson Masonry (Dave Olson)
Narragon Masonry (Scott Narragon)
Nikalson Masonry (Steve Nikalson)
RexCon Materials - Hart
Rupp Masonry (Hans Rupp)
Winter Concrete
DEVELOPERS NOT LISTED ABOVE
Mills Developers (Jim Flippin & John Mills)
United Building Center/Pro Build
Rounds Construction Co.
Dennis Bielfeldt
Jim Otteson
Burlage & Peterson Realty
Elite Real Estate
Indian Hills Association
EMAIL
Banner Assoc (Wermers-Johnson-Hanson)
Civil Design, Inc.
Dakota Abstract
Clark Engineering Corp. (Steve Meyer)
City Council Packet
May 25, 2010
128
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 purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of the City of Brookings, with respect to storm drainage, to the maximum extent
practicable and as required by federal and state law by:
1. Establishing 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.
2. Prohibiting Illicit Connections and Discharges to the municipal separate storm sewer
system (MS4).
3. Establishing legal authority for the City of Brookings to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with this
ordinance.
4. Establishing a drainage fee structure for funding public storm drainage infrastructure
improvements within the City of Brookings.
5. Establishing storm water design standards for the City of Brookings.
Sec. 72-3. 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. 72-4. Inspections by Authorized City Staff.
As part of the City’s storm water pollution detection and elimination program, the City
Engineer or designee reserves the right to inspect and monitor all facilities which discharge into
the MS4. All inspections shall be documented and may include photographs of violations and
potential problem areas.
City Council Packet
May 25, 2010
129
Sec. 72-5. Definitions.
The following words and phrases shall be as defined below:
Best Management Practices (BMP’s) – Various activities, prohibitions of practices, maintenance
procedures and other management practices to prevent or reduce the discharge of pollutants
to Waters of the State. BMP’s also include treatment requirements, operating procedures, and
practices to control construction site runoff, sediment, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Clean Water Act (CWA) – The 1972 amendment to the Federal Pollution Control Act which
provided the statutory basis for the NPDES permit program and the basic structure for
regulating the discharge of pollutants from point sources to waters of the United States.
Concrete Washout - any wash waters derived from the cleaning of concrete trucks and/or
equipment.
Disturbed Area - An area of land subjected to erosion due to the removal of vegetative cover
and/or earthmoving activities, including unstabilized fill and soil stockpiles.
Drainage Way - Any channel or conduit that conveys storm water runoff.
Control Measures - any BMP 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 storm water on a
temporary basis and releases it at a controlled rate.
Development – A parcel of land or two or more contiguous parcels of land, where grading
work is performed as a single unified operation on an area equal to or greater than one (1)
acre.
1.
Final Stabilization means one of the following:
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, geotextiles, etc.) 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.
City Council Packet
May 25, 2010
130
3.
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 feature. For mapping purposes, floodplains are designated
according to the frequency of the flood event, such as the 100-year floodplain (1% chance of
occurrence in any given year) or the 500-year floodplain (0.2% chance of occurrence in any
given year).
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 one (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.
Grading Permit – A permit obtained from the City of Brookings to perform a Land Disturbance
Activity.
Infiltration - The downward movement or seepage of water from the surface into the subsoil
and/or groundwater. The infiltration rate is typically expressed in terms of inches per hour.
Illicit Discharge - Any direct or indirect, continuous or intermittent, discharge to the MS4,
except as exempted in Article III of this ordinance, that is not composed entirely of storm
water, and has not been authorized under a discharge permit issued by the State of South
Dakota.
Illicit Connections - means either of the following:
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.
1. Any drain, conveyance, or component of an MS4 (as defined below), whether on the
surface or subsurface, which allows an illicit discharge to enter the storm drainage
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
drainage system.
2. Any connections to the storm drainage system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized agency.
City Council Packet
May 25, 2010
131
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 Disturbing Activity – is any land change that may result in soil erosion from wind,
water, or melting, resulting in 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 (1) or more acres
where multiple, separate, and distinct construction activities are anticipated to occur at
different times on different schedules under one plan, commonly referred to as a
“development”. Individual lots within the development which are sold to another party for the
purpose of construction are still considered part of the “Larger Common Plan of
Development” even after the sale.
1.
MS4 or Municipal Separate Storm Sewer System - is defined in 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, swales, manmade channels, or storm drains) which are:
2.
Owned and operated by a state, city, town, borough, county, parish, district, association,
or other public body 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 Clean Water Act (CWA) that discharges to waters of
the United States;
3.
Designed or used for collecting or conveying storm water;
4.
Which is not a combined sewer; and
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 (EPA).
Non-Storm water Discharge - any discharge to the storm drain system that is not composed
entirely of storm water.
NOI – “Notice of Intent” – An SDDENR form that must be filed by anyone disturbing one (1)
or more acres of land prior to the commencement of any land disturbing activity in order to be
covered by the SDDENR General Permit
City Council Packet
May 25, 2010
132
NOT – “Notice of Termination” – An SDDENR form that must be filed after final stabilization
of any land disturbing activity that was covered by the SDDENR General Permit. The NOT
notifies the SDDENR that permitted coverage is no longer required and that the site has been
permanently stabilized.
NPDES – “National Pollutant Discharge Elimination System” – An EPA permit program that
controls water pollution by regulated point sources that discharge pollutants into Waters of
the United States.
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
discarded equipment, rock, sand, cellar dirt, or any industrial, municipal, or agricultural waste
discharged into waters of the state.
Receiving Body of Water - Any lake, pond, creek, wetland, or groundwater into which storm
water runoff is directed.
Responsible Party – the person(s), developer, or contractor who is responsible for carrying out
all provisions and requirements of a Grading Permit or SDDENR Storm water Discharge
Permit for Construction Activities; or the person or entity who is responsible for an industrial
or commercial discharges into an MS4.
Sediment – Mineral or organic solid particulate matter that has been removed from its point of
origin by soil erosion, suspension in water or wind, or water transport.
Sediment Control - BMP’s that prevent eroded sediment from leaving the site.
Soil Erosion - The wearing away of land by the action of wind, water, gravity, or a combination
thereof.
Stabilization - The use of practices (BMP’s) that prevent exposed soil from eroding.
Storm Water – water runoff, including snow and ice melt, which is the direct result of a
precipitation event.
City Council Packet
May 25, 2010
133
Stop Work Order - A notice issued by the City Engineer or the City’s designated
representative, or a state or federal agency to a permittee, contractor, or property owner to
immediately cease construction, grading, or development activities.
SWPPP – (Storm Water Pollution Prevention Plan) - A site-specific plan which identifies
potential sources of storm water pollution at a construction site and specifies structural and
non-structural controls (BMP’s) that will be in place to minimize negative impacts caused by
storm water discharges associated with construction activity.
Stripping - Any activity which removes or significantly disturbs the vegetative surface cover,
including clearing and grubbing operations.
TMDL or Total Maximum Daily Load - The maximum daily sum total of the individual Waste
Load Allocations (WLAs) for point sources, the Load Allocations (LAs) for nonpoint sources,
and the natural background levels of pollutants that a watercourse can receive while still
meeting federal or state water quality standards. TMDLs can be expressed in terms of either
mass per time, toxicity, or other appropriate measure.
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 the State of South Dakota, 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 of South Dakota.
Secs. 72-6--72-16. Reserved
ARTICLE II. STORM DRAINAGE FEE
Sec. 72.1 72-17. 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 storm water 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:
City Council Packet
May 25, 2010
134
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
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
City Council Packet
May 25, 2010
135
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
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
City Council Packet
May 25, 2010
136
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
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.
City Council Packet
May 25, 2010
137
(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
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
City Council Packet
May 25, 2010
138
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.
Sec. 72-2. 72-18. 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.
Sec. 72-3. 72-19. 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.
Sec. 72-4. 72-20. 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.
Secs. 72-21—72-31. Reserved.
ARTICLE III. ILLICIT DISCHARGE
Sec. 72-32. Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal separate storm drain
system (MS4) or a watercourse any materials that cause or contribute to a violation of
applicable water quality standards, including but not limited to pollutants or waters containing
any pollutants.
The commencement, conduct, or continuance of any illegal discharge to the MS4 is prohibited
except as described as follows:
City Council Packet
May 25, 2010
139
1. Discharges specifically exempt from the discharge prohibitions established by this
ordinance:
1. Water line flushing or other potable water source flows
2. Landscape irrigation or lawn watering
3. Diverted stream flows
4. Rising ground water
5. Ground water infiltration to storm drains
6. Uncontaminated pumped ground water
7. Foundation or footing drains (not including active groundwater dewatering
systems) and crawl space pumps
8. Air conditioning condensation
9. Non-commercial washing of vehicles
10. Natural riparian habitat or wetland flows
11. Uncontaminated swimming pool water (if dechlorinated - typically less than one
(1) PPM chlorine)
12. Fire fighting activities
13. Any other water source deemed by an accredited testing laboratory not to
contain pollutants.
2. Discharges specified in writing by the City of Brookings as being necessary to protect
public health and safety.
3. Dye testing which has been authorized by the City of Brookings prior to the time of the
test.
4. 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
Environmental Protection Agency (EPA), provided that the discharger is in full
compliance with all requirements of the NPDES 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.
Sec. 72-33. 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.
Sec. 72-34. Suspension of MS4 Access 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 City may take such steps as deemed necessary to
City Council Packet
May 25, 2010
140
prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger
to persons.
Sec. 72-35. Suspension of MS4 Access 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 City of Brookings
will notify a violator of the proposed termination of its MS4 access. The violator may petition
the City 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 City.
Sec. 72-36. Industrial or Construction 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 allowing of discharges
to the MS4.
Sec. 72-37. Monitoring and Inspection of Discharges.
This section applies to all facilities that have storm water discharges associated with industrial
and construction activity.
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.
2. 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.
3. 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.
4. 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.
5. If the City of Brookings has been refused access to any part of the premises from which
storm water is discharged where there is 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
City Council Packet
May 25, 2010
141
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.
Sec. 72.38. Requirements to Prevent, Control and Reduce Storm Water Pollutants by the Use
of Best Management Practices.
The 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 premises, 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 as compliance with the provisions of this section. These BMP’s
shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance
with requirements of the NPDES permit.
Sec. 72-39. Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee or
tenant, 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.
Sec. 72-40. 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
any known or suspected release of materials which are resulting or may result in illicit
discharges or pollutants discharging into storm water, the storm drain system, or waters 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 verbal notice.
If the discharge of prohibited materials emanates from a commercial or industrial establishment,
City Council Packet
May 25, 2010
142
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.
Sec. 72-41. 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 Article, 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 by 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.
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.
Sec. 72-42. Appeal of Notice of Violation.
Any person receiving a Notice of Violation from the City of Brookings may appeal the
determination. 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 city manager or designee shall take place
within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the
City or its designee shall be final.
Sec. 72-43. 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
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
City Council Packet
May 25, 2010
143
assessment. Any person violating any of the provisions of this article shall become liable to the
City by reason of such violation.
Sec. 72-44. 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 City 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.
Sec. 72-45. 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.
Secs. 72-46—72.60. Reserved
ARTICLE IV. SITE RUNOFF EROSION AND SEDIMENT CONTROL
DIVISION 1. GRADING AND CONSTRUCTION ACTIVITIES
Sec. 72-61. Permits Required.
A. No person may commence any Land Disturbance Activities which disturb one (1) acre
or more of land without first obtaining:
i. A Grading Permit from the City of Brookings; and
ii. 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 5,000 square
feet or more of land without first obtaining a Grading Permit from the City.
C. No Grading Permit is required by the City of Brookings 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. Cemetery graves.
iv. Land Disturbance Activity that does not exceed 5,000 square feet.
Sec. 72-62. Grading Permit
The Landowner upon whose property will undergo a Land Disturbance Activity is ultimately
responsible for illicit discharges into the MS4 and upon neighboring properties. When a
City Council Packet
May 25, 2010
144
Grading Permit is required per Section 72-61, a Grading Permit shall be obtained at the
Brookings City Engineer’s Office by either the Landowner or the Landowner’s contractor or
representative. The permittee listed on the Grading Permit application shall be responsible for
all requirements of the permit, up to and including final stabilization of the disturbed area. The
permittee shall be designated as the Responsible Party.
Each application for a Grading Permit shall:
1. Bear the name(s), address(es), and phone number(s) of the Responsible Party.
2. Bear the name(s) and address(es) of the Landowner or developer of the site,
contractor, and any consulting firm retained by the applicant together with the name of
the applicant's principal contact.
3. Be accompanied by a filing fee in an amount to be determined by the City Council.
4. Include a sketch or drawing of the entire property, including dimensions, showing the
size and location of all Land Disturbing Activities proposed. At minimum the drawing
shall also include the following:
a. Location of all storm sewer features on or adjacent to the property, including
but not limited to: streets, storm water inlets and outlets, swales, channels,
detention ponds, and ditches.
b. Location of all other watercourses on or adjacent to the property.
c. Arrows indicating the general direction of runoff flow, as well as the path of flow
of any storm water conveyance feature on or adjacent to the property.
d. Location and description of all storm water pollution control BMP’s to be
incorporated on the site, as required by this ordinance. Recommendations and
descriptions of various BMP’s can be found in the SDDOT 2006 Erosion and
Sediment Control manual, which can be downloaded free of charge from the
South Dakota DOT website at www.sddot.com . Additional BMP guidance can
be found at www.epa.gov.
5. Be accompanied by a drainage plan if required by the City Engineer. The drainage plan
shall conform to the city approved Storm Drainage Design and Technical Criteria
Manual. All drainage facilities including storm sewers, on-site detention, drainageways,
detention basins and detention channels shall be designed compliance with the Storm
Drainage Design and Technical Criteria Manual and are subject to approval of the City
Engineer.
6. When a Land Disturbance Activity exceeds one (1) acre in size, the Grading Permit
applicant shall also provide a copy of the NOI and the SWPPP, as is required by the
SDDENR. No Grading Permit shall be issued by the City for this type of activity until
the SDDENR has been properly notified. Information, NOI forms, and a sample SWPPP
can be found on the SDDENR website at http://denr.sd.gov.
Sec. 72-63. Permit Review and Approval.
The City Engineer or designee will review each Grading Permit application and accompanying
storm water plan to determine its conformance with the provisions of this regulation.
Within ten (10) business days after receiving an application, the City Engineer shall, in writing:
1. Approve the permit application; or
City Council Packet
May 25, 2010
145
2. 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
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
Failure of the City Engineer to act on an original or revised application within ten (10) business
days of receipt shall authorize the applicant to proceed in accordance with the plans as filed,
unless such time is extended by agreement between the applicant and the City Engineer.
City approval of a Grading Permit application and storm water plan does not relieve the
applicant of any responsibility for the effectiveness of the applicant’s storm water plan.
Sec. 72-64. Failure to Obtain a Grading Permit.
It will be the goal of the City to encourage and assist Landowners to obtain the proper
permitting of Land Disturbance Activities without the need to levee penalties. If the owner of a
property upon which Land Disturbance Activities have commenced fails to obtain a Grading
Permit pursuant to Sec. 72-61, the City shall issue a written notice to the Landowner and/or
contractor performing the Land Disturbance Activity. Additionally, the City will make every
reasonable attempt to contact the Landowner, including telephone, fax, e-mail, and/or site
visits. The Landowner or a Responsible Party shall, within ten (10) business days of the date of
the written notice of violation, obtain a Grading Permit from the City Engineer’s Office. Failure
to obtain a Grading Permit shall constitute a violation of this ordinance and be subject to
penalty as follows:
1. Within ten (10) business days of the notice of violation: No Penalty
2. After ten (10) business days of the notice of violation: $100.00 Penalty per day,
beginning with the eleventh (11th) day after the notice of violation.
3. After twenty (20) business days of the notice of violation: The City shall notify the
South Dakota DENR of the violation. The Landowner may be subject to additional
penalties and enforcement actions of the SDDENR.
Sec. 72-65. Failure to Comply With the Provisions of a Grading Permit.
A Grading Permit applicant failing to comply with the provisions of a Grading Permit after
commencing the Land Disturbance Activity shall be notified of the noncompliance by the City.
The City shall make a reasonable attempt to assist the applicant with technical advice in
correcting the noncompliance without penalty. All costs of corrections and/or abatement of
pollutants discharged into the MS4 by the applicant shall be borne by the applicant. If the
applicant fails or refuses to make corrections that are satisfactory to the City Engineer, the City
will issue a written notice of the noncompliance. Failure of the applicant to correct the
noncompliance after the written notice shall constitute a violation of this ordinance and be
subject to penalty as follows:
1. Within ten (10) business days of the notice of violation: No Penalty
City Council Packet
May 25, 2010
146
2. After ten (10) business days of the notice of violation: $50.00 Penalty per day, beginning
with the eleventh (11th) day after the notice of violation.
3. After twenty (20) business days of the notice of violation: The City shall notify the
South Dakota DENR of the violation. The Landowner may be subject to additional
penalties and enforcement actions of the SDDENR.
Sec. 72-66. Permit Termination, Expiration or Revocation.
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 a written extension
from the City.
Grading Permits may be terminated by the applicant in writing prior to the expiration date if
the City Engineer or designee has verified that:
1. No Land Disturbance Activity has taken place on the site; or
2. Final stabilization of the site is satisfactory to these requirements; or
3. Ownership of the site or responsibility of the Grading Permit has been properly
transferred to another party.
Any permit may be revoked or suspended by the City for any of the following causes after a
notice and an opportunity for rebuttal is given to the applicant:
1. A violation of a condition or requirement of the permit; or
2. Obtaining a permit by misrepresentation or failure to fully disclose relevant facts in the
application or the erosion and sediment control plan
Sec. 72-67. Inspection.
The City Engineer or designated agent may conduct random site inspections as necessary and
either approve that portion of the work completed or notify the permittee, wherein the work
fails to comply with the approved Grading Permit or Storm Water Pollution Prevention Plan
(SWPPP). All inspections shall be documented by the City Engineer.
Sec. 72-68. Discharge of Pollutants from a Land Disturbance Activity With or Without a
Permit.
Any detectible discharge of pollutants from a construction or Land Disturbance Activity into
the MS4 and/or onto neighboring properties shall be considered an Illicit Discharge subject to
Article III of this Chapter, with or without a Grading Permit and regardless of the size and
scope of the activity.
DIVISION 2. POST CONSTRUCTION SITE RUNOFF EROSION AND SEDIMENT
CONTROL
City Council Packet
May 25, 2010
147
Sec. 72-69. Permits and Termination of Permits
Following completion of Land Disturbance Activities, all Grading Permits obtained pursuant to
this ordinance shall remain effective until final stabilization of the site has been verified and
approved in writing by the City Engineer. It shall be the responsibility of the permit applicant to
fulfill and maintain the requirements of the Grading Permit until final stabilization has been
achieved.
Sec. 72-70. Final Stabilization Requirements.
Final site stabilization will be accomplished by the following:
1. Installing compacted granular surface, hard surface or porous pavement on those
areas necessary for vehicular and pedestrian ingress and egress, driving, parking,
loading/unloading, and maneuvering;
2. Establishing vegetation on the remainder of the disturbed areas of the site;
3. Employing other stabilization and management techniques as may be required to
address unique site conditions.
4. All requirements of the SWPPP have been fulfilled.
5. The City Engineer or designee has verified in writing that each of the preceding
requirements have been fulfilled to the satisfaction of the City Engineer.
For purposes of this section, final stabilization means all land-disturbing activities at the site have
been completed, compacted granular and paved surfaces have been installed, non-vegetative
permanent stabilization and management techniques (riprap, gabions, geotextiles, etc.) have
been employed, and a uniform perennial vegetative cover with a density of 70% of the native
cover has been established for non-paved areas not otherwise stabilized with other permanent
stabilization and management techniques.
Sec. 72-71. Inspection of Permanent BMP’s.
All storm sewers, open channel drainage ways, detention/retention ponds, postconstruction
water quality BMPs, and any other element of the storm water management system shall be
subject to inspection by the City Engineer or designees.
Secs. 72-72—72-82. Reserved.
ARTICLE V. STORM WATER DESIGN STANDARDS
Sec. 72-83. Storm Drainage Design Requirements.
The design of all storm drainage systems and facilities shall conform to the Storm Drainage
Design and Technical Criteria Manual. The Storm Drainage Design and Technical Criteria
Manual may be viewed at the City Engineer’s Office or on the City of Brookings website.
Sec. 72-84. BMP Design Requirements
City Council Packet
May 25, 2010
148
The design and application or utilization of all temporary and permanent BMPs shall conform to
the South Dakota Department of Transportation 2006 Sediment and Erosion Control Manual
and the South Dakota Department of Transportation 2010 Erosion and Sediment Control and
Storm Water Management Manual.
If any violations are found, the applicant shall be subject to the enforcement provisions
contained herein.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2010
Second Reading and Adoption: June 8, 2010
Published:
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
_______________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
149
Ordinance First Readings**
9. Ordinance No. 23-10: An Ordinance Amending Article II of
Chapter 22 of the Code of Ordinances of the City of Brookings
and Pertaining to the 2006 International Residential Code with
certain Amendments thereto.
Public Hearing: June 8, 2010
** 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.
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
which will regulate pollutants such as illicit discharge, construction site
storm water runoff control, and post-construction storm water
management. In 2006, the City of Brookings adopted subdivision
regulations along with the Storm Drainage Design and Technical Criteria
Manual, which met part of the SDDENR requirements. However,
additional ordinances need to be adopted to meet SDDENR minimum
guidelines.
This Ordinance will amend Article II of Chapter 22 of the Code of
Ordinances, pertaining to the 2006 International Residential Code. This
amendment will require the site plan submitted for a building permit to
include erosion and sediment controls in accordance with Chapter 72 of
City Council Packet
May 25, 2010
150
the Code of Ordinances, if the area of land disturbance is greater than
5,000 sq.ft. The Ordinance Amending Chapter 72 of the Code of
Ordinances of the City of Brookings and Pertaining to Storm Drainage
outlines the Storm Water Requirements.
A press release will be issued for the second reading of this ordinance. In
addition, a notice of the second reading of this Ordinance will be sent to
the Brookings homebuilders, contractors, developers, and consultants.
City Council Packet
May 25, 2010
151
Ordinance No. 23-10
An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the
City of Brookings and Pertaining to the 2006 International Residential Code with
certain Amendments thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Section R106.2 Site Plan, under Section R106, Construction Documents, is amended to read as
follows:
Sec. R106.2 Site plan. The construction documents submitted with the application for permit
shall be accompanied by a site plan showing the size and location of new construction, erosion
and sediment controls in accordance with Chapter 72 of the Code of Ordinances, and existing
structures on the site and distances from lot lines. In the case of demolition, the site plan shall
show construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2010
Second Reading:
Published:
CITY OF BROOKINGS, SD
__________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
152
Ordinance First Readings**
10. Ordinance No. 24-10: An Ordinance Amending Article II of
Chapter 22 of the Code of Ordinances of the City of Brookings
and Pertaining to the 2006 International Building Code with
certain Amendments thereto.
Public Hearing: June 8, 2010
** 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.
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. In
2006, the City of Brookings adopted subdivision regulations along with the
Storm Drainage Design and Technical Criteria Manual, which met part of
the SDDENR requirements. However, additional ordinances need to be
adopted to meet SDDENR minimum guidelines.
This Ordinance will amend Article II of Chapter 22 of the Code of
Ordinances, pertaining to the 2006 International Building Code. This
amendment will require the site plan submitted for a building permit to
include erosion and sediment controls in accordance with Chapter 72 of
the Code of Ordinances. The Ordinance also includes language previously
City Council Packet
May 25, 2010
153
adopted under Ordinance No. 18-06. The Ordinance Amending Chapter
72 of the Code of Ordinances of the City of Brookings and Pertaining to
Storm Drainage outlines the Storm Water Requirements.
A press release will be issued for the second reading of this ordinance. In
addition, a notice of the second reading of this ordinance will be sent to the
Brookings homebuilders, contractors, developers and consultants.
City Council Packet
May 25, 2010
154
Ordinance No. 24-10
An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the
City of Brookings and Pertaining to the 2006 International Building Code with
certain Amendments thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Section 106.2 Site Plan, under Section 106, Construction Documents, is amended to read as
follows:
Section 106.2 Site Plan
The construction documents submitted with the application for permit shall be accompanied by
a site plan showing to scale the size and location of new construction and existing structures on
the site, distances from lot lines, the established street grades and the proposed finished grades
and erosion and sediment controls in accordance with Chapter 72 of the Code of Ordinances
and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition, the site
plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan when the application for permit is for alteration
or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the application
for permit shall be accompanied by a final drainage plan for all projects involving one acre or
more of land area. The final drainage plan shall conform to the city approved master drainage
plan Storm Drainage Design and Technical Criteria Manual. All drainage facilities including
storm sewers, on-site detention, drainageways, detention basins and detention channels shall be
designed in compliance with approved engineering design standards and the Storm Drainage
Design and Technical Criteria Manual and are subject to approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an application to
construct a single-family or two-family dwelling on a lot containing one acre or more of area.
City Council Packet
May 25, 2010
155
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2010
Second Reading:
Published:
CITY OF BROOKINGS, SD
___________________________
Tim Reed, Mayor
ATTEST:
______________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
156
Second Readings / Public Hearings
11. Hearing and action on an Application to move a one-story, single-
family home from 510 Third Street to Lot 4, Block 1, Parkdale
Home Addition (918 Third Avenue).
Applicant: Shane Carlson
Proposal: Move a house from 510 Third Street to a lot in the 900 block of
Third Avenue
Background: The applicant’s house is on the block which will become the
new city/county offices. The proposed lot is in an older, established
residential neighborhood with a mix of one and two-story homes. The lot
currently has an oversized two-stall garage on it that goes with the house
to the north. If approved, the garage would be relocated to the rear yard
of the house to the north.
Specifics: The house is 28.5 feet wide and about 50 feet long. It would be
set on this 50-foot wide lot so there would be room for a driveway along
the south side that would access a parking area. The new approach would
be close to where the existing approach is now.
Historic Review. These structures are located where the city/county
offices are planned and are in or adjacent to the Brookings Central Residential
Historic District. Pursuant to SDCL 1-19A-11.1, a historical review process
is required and is currently underway. The review will not be complete at
the time of the hearing on this house moving; therefore, any approvals
should be subject to or contingent upon the completion of the 1-19A-11.1
procedures.
SDCL 1-19-A-11.1: “The state or any political subdivision of the state, or any
instrumentality thereof, may not undertake any project which will encroach upon,
damage or destroy any historic property included in the National Register of Historic
Places or the State Register of Historic Places until the Office of History has been given
notice and an opportunity to investigate and comment on the proposed project. The
office may solicit the advice and recommendations of the board with respect to such
project and may direct a public hearing be held thereon. If the office determines that
the proposed project will encroach upon, damage or destroy any historic property
which is included in the National Register of Historic Places or the State Register of
City Council Packet
May 25, 2010
157
Historic Places or the environs of such property, the project may not proceed until: The
Governor, in the case of a project of the state or an instrumentality thereof or the
governing body of the political subdivision has made a written determination, based
upon the consideration of all relevant factors, that there is no feasible and prudent
alternative to the proposal and that the program includes all possible planning to
minimize harm to the historic property, resulting from such use; and ten day’s notice of
the determination has been given, by certified mail, to the office of history. A complete
record of factors considered shall be included with such notice. Any person aggrieved
by the determination of the Governor or governing body may appeal the decision
pursuant to the provisions of chapter 1-26. The failure of the office to initiate an
investigation of any proposed project within 30 days from the date of receipt of notice
thereof is approval of the project. Any project subject to a federal historic preservation
review need not be reviewed pursuant to this section.”
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve - Subject to or contingent upon the
completion of the 1-19A-11.1 procedures.
City Council Packet
May 25, 2010
167
Second Readings / Public Hearings
12. 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.
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 Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
May 25, 2010
168
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 25, 2010
169
Second Reading / Public Hearing
13. Ordinance No. 20-10: An Ordinance Amending Chapter 22 of the
Code of Ordinances of the City of Brookings Pertaining to Moving
a Building.
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 Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
May 25, 2010
170
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 25, 2010
171
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 25, 2010
172
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 25, 2010
173
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 25, 2010
174
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: May 25, 2010
Published:
CITY OF BROOKINGS
___________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
May 25, 2010
175
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
ENGINERING DEPT.
PARKS DEPT.
IS EITHER PROPERTY LOCATED IN, ADJACENT TO, OR WITHIN 50 FEET OF 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 Date
City Council Packet
May 25, 2010
176
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
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.
City Council Packet
May 25, 2010
177
(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
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.
City Council Packet
May 25, 2010
178
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 25, 2010
179
14. Adjourn