HomeMy WebLinkAbout2010_06_08 CC PKTCity Council Packet
June 8, 2010
1
Brookings City Council
Tuesday, June 8, 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. Draft Capital Improvement Plans.
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 an abatement request from Topline Properties LLC to abate a portion of
2009 taxes for 1104 22nd Avenue South.
D. Action on Resolution No. 56-10, awarding bids for Street Maintenance Project,
2010-08STI.
E. Action on Resolution No. 57-10, awarding bids for Sidewalk and Curb & Gutter
Replacement Project, 2010-01SWR.
F. Action to approve the E911 Operating Budget.
G. Action on Resolution No. 58-10, a Resolution in Support of Land and Water
Conservation Fund Grant Application.
H. Action on Resolution No. 59-10, a Resolution pertaining to changing the names of
streets.
I. Action on Resolution No. 60-10, a Resolution declaring surplus property at the
Airport.
J. Action on Resolution No. 61-10, a Resolution Authorizing the City Manager to sign
a Grant Application for Federal Aviation Administration Airport Wildlife Fence,
A.I.P. #3-46-0005-023-2010
City Council Packet
June 8, 2010
2
K. Action on Resolution No. 62-10, a Resolution Authorizing City Manager to Sign a
Grant Agreement for Federal Aviation Administration Airport Wildlife Fence, A.I.P.
#3-46-0005-023-2010
L. Action on Resolution No. 63-10, a Resolution Awarding Bids for Federal Aviation
Administration Airport Wildlife Fence, A.I.P. #3-46-0005-023-2010
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.
7. Mayor Reed‘s Annual State of the City Message.
Second Readings/Public Hearings
8. Public hearing and action on annual Alcohol Malt Beverage License renewals.
Open & Close Public Hearing, Motion to Approve, Roll Call
9. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
10. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
11. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
12. 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
(Commercial) Code with certain Amendments thereto.
Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
13. Discussion and possible action regarding the Swiftel Center Expansion Plan.
Motion to approve, request public comment, roll call
City Council Packet
June 8, 2010
3
14. Discussion and possible action on the construction delivery method for the Joint
City/County Intergovernmental Project.
Motion to approve, request public comment, roll call
15. Action to appoint the Deputy Mayor.
Motion to approve, request public comment, roll call
16. Financial overview by Brookings Municipal Utilities representatives.
Informational
17. Executive Session for purposes of discussing marketing or pricing strategies by a board
or commission of a business owned by the state or any of its political subdivisions,
where public discussions would be harmful to the competitive position of the business.
Motion to enter executive session – Voice Vote
Motion to leave executive session – Voice Vote
18. Adjournment.
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm,
and Saturday @ 1 pm.
The complete City Council agenda packet is available on the city website:
www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the
Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-
6281 at least 3 working days prior to the meeting.
City Council Packet
June 8, 2010
4
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Draft Capital Improvement Plans.
DATE: May 25, 2010
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: The Proposed Capital Improvement Program
I am pleased to submit the 2011 proposed Capital Improvement Program (CIP)
representing proposed capital investment for fiscal years 2011 through 2015. The CIP is
a five year financing plan for constructing major public assets based on City-adopted
master plans, goals, and policies. The purpose of a CIP is to financially plan new capital
assets to meet the needs of a growing community, and preserve or enhance existing
capital assets to provide efficient city services. A capital project is defined as an activity
that creates, improves, replaces or repairs a fixed asset and results in a permanent
addition to the City‘s fixed asset inventory. Fixed assets include land, site
improvements, parks, buildings, sidewalks, streets, bike paths, storm drainage projects,
or similar infrastructure; and major equipment and/or hardware purchases.
The annual preparation of the CIP document is a four step process that involves
planning, identifying, funding and scheduling. Planning for projects included in the CIP
begins with long-term planning processes such as development of master plans and City
Council goals. The CIP process is used by the City to systematically plan and finance
capital projects while ensuring cost-effective conformance with the City Council goals.
Because of the high ticket price of capital items by definition, it is helpful to schedule
their purchase in a long term plan to help manage cash flow. For this reason we use
multi-year programming. As capital projects are identified, consideration needs to be
given to various capital funding strategies. This will include available funding, grant or
donation opportunities, and the need for external financing. Availability of funding may
cause a project to be expedited or delayed. Scheduling is the final step in CIP project
development where the actual placement of a project is placed within the five-year time
horizon. Projects in Year one of the CIP become the basis for the corresponding capital
budget. The remaining four years of the CIP are a planning strategy and are generally
more susceptible to changes in timing, scope, and funding, than projects scheduled in the
first year of the CIP. As the timing of a project approaches, the cost estimates
improves.
The five-year CIP is updated annually. The Finance Manager reviews the preliminary CIP
and any changes with the departments. The CIP is presented to the City Council. First
year projects are incorporated into the proposed overall budget. The following table
outlines the FY 2011 CIP calendar.
City Council Packet
June 8, 2010
5
DATE DESCRIPTION OF ACTIVITY
Apr 29-May 7, 2010 CIP meetings with City Manager & Departments
June 08 , 2010 Preliminary 5 Year CIP distributed to Council at work session
August 1 , 2010 Year-1 of the CIP incorporated into the annual budget
August 10, 2010 City Council Adopts the 5 year CIP
August 18, 2010 Adopted CIP document distributed and posted on City‘s web site
The CIP document is organized into Categories and Projects.
There are three different Categories in the CIP:
Community Facilities Group represents facilities operated by the City of
Brookings that provide educational, cultural, and recreational opportunities for
the citizens of Brookings. The infrastructure categories encompassed in this
group covers the park system and its facilities, trail system, Library, Senior
Center, Golf Course, Swiftel Center, Senior Center, Ice Arena, Hillcrest Pool,
and the Research & Technology Center.
Municipal Facilities Group represents facilities, equipment, and systems
owned and operated by the City of Brookings that are necessary to support the
operations of the City. The categories encompassed in this group cover airport
facilities, fire stations and equipment, municipal law enforcement center facility,
Intergovernmental center facility, forestry, park, street, and solid waste
maintenance facilities, animal control facility, recreation center facility, forestry
facility, liquor store, landfill complex and storm water management
infrastructure.
Transportation Group represents infrastructure and services that support the
transportation needs of the City. The category is streets which encompasses
classifications from sidewalks to arterial streets to railroad crossings to traffic
signals, and designated bike routes/lanes.
All proposed expenditures are cross-referenced so they can be examined by year,
department, category, and fund. Most equipment expenditures are designed to replace
or upgrade existing equipment in accordance with our amortization and depreciation
policy. The CIP also identifies debt service amounts as a means of financing equipment
in addition to cash.
This year‘s Capital Improvement Plan appears substantially different from past years.
We have incorporated photographs of capital equipment being replaced, capital
improvement projects, assessments of their condition, and gauged their useful life by
using the adopted Capital Asset Policy as a guideline. We believe this will improve the
effectiveness and the decision-making of the capital improvement planning process.
Estimated Time: 50 Minutes
City Council Packet
June 8, 2010
81
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
June 8, 2010
82
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
June 8, 2010
83
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 14 Monday Annual Park Tour & Dinner 5:30 p.m. –
8:00 p.m.
Park & Rec Center
221 Main Ave.
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 18 Wednesday SDML Public Works SDML Building, Fort Pierre
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
June 8, 2010
84
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 an abatement request from Topline Properties LLC to abate a portion of 2009
taxes for 1104 22nd Avenue South.
D. Action on Resolution No. 56-10, awarding bids for Street Maintenance Project, 2010-08STI.
E. Action on Resolution No. 57-10, awarding bids for Sidewalk and Curb & Gutter
Replacement Project, 2010-01SWR.
F. Action to approve the E911 Operating Budget.
G. Action on Resolution No. 58-10, a Resolution in Support of Land and Water Conservation
Fund Grant Application.
H. Action on Resolution No. 59-10, a Resolution pertaining to changing the names of streets.
I. Action on Resolution No. 60-10, a Resolution declaring surplus property at the Airport.
J. Action on Resolution No. 61-10, a Resolution Authorizing the City Manager to sign a Grant
Application for Federal Aviation Administration Airport Wildlife Fence, A.I.P. #3-46-0005-
023-2010
K. Action on Resolution No. 62-10, a Resolution Authorizing City Manager to Sign a Grant
Agreement for Federal Aviation Administration Airport Wildlife Fence, A.I.P. #3-46-0005-
023-2010
L. Action on Resolution No. 63-10, a Resolution Awarding Bids for Federal Aviation
Administration Airport Wildlife Fence, A.I.P. #3-46-0005-023-2010
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports
5. Open Forum.
6. SDSU Student Senate Report.
7. Mayor Reed‘s Annual State of the City Message.
Second Readings/Public Hearings
8. Public hearing and action on annual Alcohol Malt Beverage License renewals.
Open & Close Public Hearing, Motion to Approve, Roll Call
9. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
10. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
11. 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.
Open & Close Public Hearing, Motion to Approve, Roll Call
12. 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
(Commercial) Code with certain Amendments thereto.
Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
June 8, 2010
85
Other Business:
13. Discussion and possible action regarding the Swiftel Center Expansion Plan.
Motion to approve, request public comment, roll call
14. Discussion and possible action on the construction delivery method for the Joint City/County
Intergovernmental Project.
Motion to approve, request public comment, roll call
15. Action to appoint the Deputy Mayor.
Motion to approve, request public comment, roll call
16. Financial overview by Brookings Municipal Utilities representatives.
Informational
17. Executive Session for purposes of discussing marketing or pricing strategies by a board or
commission of a business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
Motion to enter executive session – Voice Vote
Motion to leave executive session – Voice Vote
18. Adjournment.
City Council Packet
June 8, 2010
86
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 an abatement request from Topline Properties LLC to abate a
portion of 2009 taxes for 1104 22nd Avenue South.
D. Action on Resolution No. 56-10, awarding bids for Street Maintenance
Project, 2010-08STI.
E. Action on Resolution No. 57-10, awarding bids for Sidewalk and Curb &
Gutter Replacement Project, 2010-01SWR.
F. Action to approve the E911 Operating Budget.
G. Action on Resolution No. 58-10, a Resolution in Support of Land and
Water Conservation Fund Grant Application.
H. Action on Resolution No. 59-10, a Resolution pertaining to changing the
names of streets.
I. Action on Resolution No. 60-10, a Resolution declaring surplus property
at the Airport.
J. Action on Resolution No. 61-10, a Resolution Authorizing the City
Manager to sign a Grant Application for Federal Aviation Administration
Airport Wildlife Fence, A.I.P. #3-46-0005-023-2010
K. Action on Resolution No. 62-10, a Resolution Authorizing City Manager
to Sign a Grant Agreement for Federal Aviation Administration Airport
Wildlife Fence, A.I.P. #3-46-0005-023-2010
L. Action on Resolution No. 63-10, a Resolution Awarding Bids for Federal
Aviation Administration Airport Wildlife Fence, A.I.P. #3-46-0005-023-
2010
*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
June 8, 2010
87
CONSENT AGENDA #4
B. Approval of City Council Meeting minutes.
The draft May 18, 2010 and May 25, 2010 Brookings City Council minutes
are enclosed for Council review and approval.
City Council Packet
June 8, 2010
88
Brookings City Council
May 18, 2010
(unapproved)
The Brookings City Council held a special meeting on Tuesday, May 18, 2010 at 6:00 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.
Discussion Joint County/City Administrative Office Building Project.
REMOVE FROM TABLE: A motion was made by Kubal, seconded by Bezdichek, to remove
from the table the following May 11, 2010 motion to table: ―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.‖
AMENDMENT TO ORIGINAL MOTION. A motion was made by Bartley, seconded by
Bezdichek, limiting reimbursement charges to $21,000 per month to the Bossardt Contract.
All present voted yes on the amendment, MOTION CARRIED.
On the MAIN MOTION AS AMENDED, Bartley, Corbett, and Kubal voted yes; Bezdichek,
Reed, Thorpe, and McClemans voted no; MOTION FAILED.
SUBSTITUTION MOTION: A motion was made by Reed, seconded by Thorpe, to ask the
building committee, under Joint Powers Authority, to redo the Request for Proposals asking for
proposals for both construction management processes (construction management agent and at
risk) and to clarify the experience required in the last five years in construction management.
Friendly amendment: The Committee will bring the RFP to the City Council for approval. All
present voted yes; motion carried.
A motion was made by Reed, seconded by Bezdichek, to schedule a joint meeting, if agreeable
with the County Commission, at the earliest date possible to select a delivery system. All
present voted yes; motion carried.
Adjourn. A motion was made by Reed, seconded by Thorpe, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 9:05 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
89
Brookings City Council
May 25, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, May 25, 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.
Presentation of the 2009 Financial Report by Roger Watton, CPA and Chris
Lindner, CPA of BKD CPAs & Advisors. Roger Watton and Chris Lindner, BKD CPAs &
Advisors, presented the draft 2009 City of Brookings Audit to the Council.
City Council member introduction of topics for future discussion. A motion was
made by Kubal, seconded by Corbett, to discuss a policy regarding handouts or presentations
by Council Members and to direct staff to provide copies of all handouts to the council. All
present voted yes; motion carried.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A motion was made by Thorpe, seconded by Corbett, to approve the
consent agenda as follows:
A. Action to approve the agenda.
B. Approval of the May 11th Council Meeting minutes and a correction to the April
6th Council meeting minutes.
C. Action on Resolution No. 53-10, designating the Park & Recreation Center as a
Convention Center on August 28, 2010.
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.
D. Action to approve a temporary Liquor License for the Firemen’s Dance on
August 28, 2010.
City Council Packet
June 8, 2010
90
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.
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
City Council Packet
June 8, 2010
91
82-248 Following Too Closely 40.00 60.00 100.00
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
82-682 Operation of Snowmobiles on Public
Parks, Streets, Roads, Alleys
City Council Packet
June 8, 2010
92
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
(suspended on
condition of no
similar violations
for 1 year.)
94-125(c) Permitted Uses (Unlawful Use)
94-126(c)
City Council Packet
June 8, 2010
93
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
F. Action on Resolution No. 55-10, declaring property to be surplus and providing
for sale by public auction.
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.
On the motion, all present voted yes; motion carried.
First Reading – Ordinance No. 22-10. A first reading was held on 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.
City Council Packet
June 8, 2010
94
First Reading – Ordinance No. 21-10. A first reading was held on 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
First Reading – Ordinance No. 23-10. A first reading was held on 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
First Reading – Ordinance No. 24-10. A first reading was held on 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
House Moving. A public hearing and action was held 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). A letter from Lynn Severson, 910 Third Avenue North, opposing the action
was submitted. A motion was made by McClemans, seconded by Kubal, to approve. All
present voted yes; motion carried.
Ordinance No. 19-10. A public hearing 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. No public comment was made. A
motion was made by Thorpe, seconded by McClemans, to approve Ordinance No. 19-10. All
present voted yes; motion carried.
Ordinance No. 20-10. A public hearing 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. No public comment was made. A motion was made by Kubal, seconded by
Corbett, to approve Ordinance No. 20-10. All present voted yes; motion carried.
Adjourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:18 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
95
CONSENT AGENDA #4
C. Action on abatement request from Topline Properties LLC to
abate a portion of their 2009 taxes for 1104 22nd Avenue South.
Topline Properties LLC have submitted a request to abate a portion of their
2009 Real Estate Taxes on the above referenced property in the amount of
$27,465.00. A copy of the application is enclosed. The County Director of
Equalization recommends approval.
City Council Packet
June 8, 2010
100
CONSENT AGENDA #4
D. Action on Resolution No. 56-10, awarding bids for Street
Maintenance Project, 2010-08STI.
This project is the annual street maintenance project which entails street repairs and
asphalt overlays on various streets in Brookings. The project budget was greatly
increased for 2010 to repair of a number of streets where a large amount of work was
anticipated. This project was broken down into two work schedules which were:
Schedule A: Asphalt F.O.B. Plant (freight on board) – asphalt patching material
the Street Department picks up at the plant to repair street patches throughout
the City
Schedule B: Overlays – digouts, asphalt milling and overlays on designated
streets which are:
3rd Street from 3rd Avenue to Main Avenue and the intersection of 3rd
Street and 5th Avenue (mill and overlay)
17th Avenue South from 8th Street South to 12th Street South (mill,
overlay and striping)
Derdall Drive from 22nd Avenue to the east end of culdesac (mill and
overlay)
Cardinal Drive near Deer Pass (digout and overlay)
Brooklawn Drive from Medary Avenue to the west end of culdesac (mill
and overlay)
34th Avenue from 6th Street to Highway 14 Bypass (digout repair)
34th Avenue from Highway 14 Bypass to the Landfill (digout repair)
32nd from Lefevre Drive to the south 400 feet (digout repair and overlay)
Alley from 7th Street to the south between 8th Avenue and 9th Avenue
(mill and overlay)
The plans for this project were mailed to area contractors and 2 builders exchanges.
The bid letting was held on June 1, 2010 and the City received the following bids:
Schedule A Asphalt F.O.B. Bowes Construction, Inc. $62,318.10
Schedule B Overlays Bowes Construction, Inc. $432,852.13
Overall, the asphalt bid prices this year were only slightly higher than the 2009 prices.
The low bid of $62,318.10 for Schedule A was approximately 0.2% lower than the
engineer‘s estimate of $62,480.00 and the low bid of $432,852.13 for Schedule B was
approximately 7% lower than the engineer‘s estimate of $466,785.00. For comparison
purposes, the asphalt bid for Class E (bottom lift) was $63.09 in 2009 and $66.87 in
2010, which was approximately a 6% increase. In addition, the asphalt bid for Class G
(top lift) was $73.31 in 2009 and $78.69 in 2010 which was approximately a 7.3%
increase. Recommend awarding the contract to Bowes Construction Co., Inc. of
Brookings, SD for the low bid of $62,318.10 for Schedule A and $432,852.13 for
Schedule B.
City Council Packet
June 8, 2010
101
Resolution No. 56–10
Resolution Awarding Bids on Project 2010-08STI
Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2010-08STI Street Maintenance and
Overlay Project on Tuesday, June 1, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2010-08STI Street Maintenance and Overlay Project:
Schedule A Asphalt F.O.B. Bowes Construction, Inc., Brookings, SD $62,318.10
Schedule B Overlays Bowes Construction, Inc., Brookings, SD $432,852.13
Now Therefore, Be It Resolved that the low bid of $62,318.10 for Schedule A and $432,852.13
for Schedule B for Bowes Construction, Inc., Brookings, SD be accepted.
Passed and approved this 8th day of June 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
102
CONSENT AGENDA #4
E. Action on Resolution No. 57-10, awarding bids for Sidewalk and
Curb & Gutter Replacement Project, 2010-01SWR.
This project entails construction of miscellaneous concrete work in the
2010 sidewalk area; East of Medary Avenue between 6th Street and 8th Street
South. This project includes repair of curb and gutter, fillets, valley gutters,
curb ramps, and homeowner trip hazard sidewalks. Also included with this
project is concrete pavement repair on Railroad Street, which is scheduled
in the 2010 Budget as the first year of the 5-year Repair Plan. In addition,
new sidewalk along the City-owned lots on 15th Street South near Willow
Springs, and on 12th Street South between Pheasant Run Road and 7 th
Avenue South is included with the project.
The plans for this project were mailed to area contractors and 2 builders
exchanges. The bid letting was held on June 1, 2010 and the City received
the following bids:
Owens Enterprises, Inc., Brookings, SD $106,210.00
Clark Drew Construction, Inc., Brookings, SD $111,230.40
Concrete Contractors, Inc., Brookings, SD $112,325.00
The low bid of $106,210.00 is approximately 27% lower than the engineer‘s
estimate of $145,745.00, which is primarily due to a lower bid cost for the
Railroad Street pavement work than was estimated. Recommend awarding
the contract to Owens Enterprises, Inc., of Brookings, SD for the low bid
of $106,210.00.
City Council Packet
June 8, 2010
103
Resolution No. 57–10
Resolution Awarding Bids on Project 2010-01SWR
Curb & Gutter and Sidewalk Project
Whereas, the City of Brookings opened bids for Project 2010-01SWR Curb & Gutter and
Sidewalk Project on Tuesday, June 1, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2010-01SWR Curb & Gutter and Sidewalk Project:
Owens Enterprises, Inc., Brookings, SD $106,210.00
Clark Drew Construction, Inc., Brookings, SD $111,230.40
Concrete Contractors, Inc., Brookings, SD $112,325.00
Now Therefore, Be It Resolved that the low bid of $106,210.00 for Owens Enterprises, Inc.,
Brookings, SD be accepted.
Passed and approved this 8th day of June 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
104
CONSENT AGENDA #4
F. Action to approve the E911 Operating Budget.
Pursuant to our joint agreement with Brookings County for 911 and
communication dispatch services, we are required to mutually adopt an
Operating Budget. Traditionally, this has been done in June of the
preceding Budget Year. The JPB for 911 meets quarterly and have
recommended adoption of the attached budget. Enclosed you will find the
proposed Operating Budget as well as a Capital Improvement Plan for this
Department.
You will recall we made substantial changes to the E911 Budget for Fiscal
Year 2010 when two separate Operating Budgets were merged into one
Budget managed by the City with each entity making appropriations to
support the Budget. As always, dispatch employees are City employees and
the dispatch facility is in the City Police Department. Funding from a
Telephone Tax is collected from telecommunication providers and
remitted directly to counties which operate Dispatch Centers. Brookings
County is designated as one such center. The County remits the proceeds
of the Telephone Tax to the City when it is received. As you can see from
the revenue in the Budget, the Telephone Tax is a revenue stream which
finances expenses associated with operating the Dispatch Center. The City
and County then make appropriations based on call-load pro-rata share to
finance the balance of the costs since the Telephone Tax does not cover all
costs. State Law requires the Telephone Tax can only be used to pay for
costs directly associated with operating the Dispatch Center.
The merged accounting system we initiated this year has provided
efficiencies in the Budget, while increasing accountability and transparency
in expenses.
Staff recommends adoption of this proposed 2011 Operating Budget and
Capital Improvement Plan. If approved, it will be incorporated into the
total overall 2011 City Budget.
2008 2009 2010 2010 2011 2012
Actual Actual Adopted Estimated Account Description Requested Proposed
170,816 170,218 247,500 247,500 214-000-4-338-05 911 Telephone Surcharge 250,000 250,000
0 0 125,000 125,000 214-000-4-338-05 Transfer in Surcharge Balances
0 0 95,000 95,000 214-000-4-338-06 Brookings County 1/3 call demand 90,161 95,542
222,720 201,486 190,000 190,000 214-000-6-700-03 Brookings City 2/3 call demand 180,322 191,085
0 0 3,000 3,000 214-000-4-661-01 Interest Income 3,000 3,100
393,536 371,704 660,500 660,500 Total Revenue 523,483 539,727
273,150 294,251 326,324 300,000 214-000-5-101-00 Regular Pay 296,371 305,262
5,991 8,610 10,000 10,000 214-000-5-101-04 Overtime Pay 10,000 10,000
39 0 240 186 214-000-5-101-10 Wellness Benefit 240 247
19,983 21,838 23,367 23,715 214-000-5-120-00 FICA 23,532 24,238
16,703 17,948 18,327 18,600 214-000-5-121-09 Retirement 18,457 19,011
60,336 60,398 55,989 54,000 214-000-5-123-00 Group Insurance 81,982 84,441
649 723 796 836 214-000-5-130-00 Workmans Compensation 876 902
376,850 403,768 435,043 407,337 Total Personnel Service 431,458 444,102
0 0 5,000 5,000 214-000-5-422-02 Professional Fees 5,000 5,000
0 0 55,000 55,000 214-000-5-422-06 Database Services 56,500 56,500
0 0 5,000 0 214-000-5-422-16 Mapping & Signage 0 0
3,850 3,850 3,850 6,900 214-000-5-424-01 Equipment Rental 6,900 6,900
0 0 4,000 4,000 214-000-5-425-04 Repair & Maintenance Equipment 4,000 4,000
682 0 1,500 1,500 214-000-5-425-06 Maintenance Radio 1,500 1,500
71 47 1,250 1,250 214-000-5-426-01 Office Supplies 1,250 1,250
745 976 5,100 2,000 214-000-5-426-03 General Supplies 3,500 3,500
0 0 125 125 214-000-5-426-09 Subscriptions/Books 125 125
948 1,268 1,500 1,500 214-000-5-426-17 Uniforms 1,500 1,500
717 0 3,000 1,500 214-000-5-427-01 Travel & Lodging 3,000 3,000
218 0 0 0 214-000-5-427-02 Registration & Training 500 500
2,459 2,400 11,000 7,300 214-000-5-428-01 Telephone 7,500 7,500
552 -669 650 650 214-000-5-429-01 Membership & Dues 750 750
0 0 0 0 214-000-5-442-09 Miscellaneous 0 0
40,475 Capital Reserve
10,242 7,873 137,450 86,725 Total Operating Expenses 92,025 92,025
0 0 0 0 214-000-5-911-00 Buildings & Structures 0 0
0 0 22,500 17,750 214-000-5-920-00 Furniture and Small Equipment 0 0
40,250 14,000 214-000-5-940-00 Software & Support (Justice Lite,Bullberry,Pictometry)0 0
0 0 0 0 214-000-5-950-01 Capital less than $5,000 0 2,500
0 0 62,750 31,750 Total Capital Expenses 0 2,500
39,938 1 25,258 94,214 Enhanced E911 Cash Balance 94,214 94,214
40,475 Capital Reserve 40,475 40,475
2011 Budget for E-911
F 214
Project Description 2011 2012 2013 2014 2015 Funding Source
Office Equipment & Software
Software-E-911
Zetron Computers 51,465$ E-911
Furniture for 911 2,500$ E-911
Total Office Equipment & Software -$ 2,500$ -$ 51,465$
Total Capital -$ 2,500$ -$ 51,465$
FIVE YEAR CAPITAL PLAN
E-911
City Council Packet
June 8, 2010
107
CONSENT AGENDA #4
G. Action on Resolution No. 58-10, a Resolution in Support of Land
and Water Conservation Fund Grant Application.
The Land and Water Conservation Fund (LWCF) is made available through
the National Park Service and administered in South Dakota by the
Department of Game, Fish and Parks. The grant requires a 50% local
match with a minimum grant amount of $10,000 and a maximum grant
amount of $50,000.
Staff is preparing the grant application for playground equipment upgrades
and accessible pathways at Lions Park. The application is due June 20,
2010.
Approval of Resolution No. 58-10 will authorize the City of Brookings to
apply for grant funding from the Land and Water Conservation Fund
Program.
City Council Packet
June 8, 2010
108
Resolution No. 58-10
Resolution in Support of
Land and Water Conservation Fund Grant Application
Whereas, the United States of America and the State of South Dakota have authorized the
making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid
in financing the acquisition and/or construction of specific public outdoor recreation projects;
Now, Therefore, Be It Resolved:
1. That the Parks, Recreation, and Forestry Director is hereby authorized to execute
and file an application on behalf of the City of Brookings with the National Park
Service, U.S. Department of the Interior, through the State of South Dakota,
Department of Game, Fish, and Parks, Division of Parks and Recreation, for an
LWCF grant to aid in financing Lions Park Playground Improvements for the City of
Brookings, South Dakota and its Environs.
2. That the Parks, Recreation, and Forestry Director, is hereby authorized and directed
to furnish such information as the above mentioned federal and/or state agencies
may reasonably request in connection with the application which is hereby
authorized to be filed.
3. That the City of Brookings shall provide a minimum of 50% of the total cost of the
project, and will assume all responsibility in the operation and maintenance of the
project upon completion of construction, for the reasonable life expectancy of the
facility.
4. That the City of Brookings dedicates Lions Park for park and outdoor recreation
purposes in perpetuity.
Passed and approved this 8th day of June 2010.
CITY OF BROOKINGS
____________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
109
CONSENT AGENDA #4
H. Action on Resolution No. 59-10, a Resolution pertaining to
changing the names of streets.
Street name change: Miller Drive to Miller Park Way
Proposal: Change the suffix on a street in the SDSU Research Park
Background: The SDSU Innovation Campus Addition was platted in
December 2008. The design included two short streets which access 22nd
Avenue; a loop street for access to perimeter lots and two intersecting
streets for internal lots. The loop street has a ―Park Way‖ suffix and the
internal streets have a ―Drive‖ suffix. The two streets which access 22nd
Avenue have different suffixes, one ―Park Way‖ and one ―Drive‖.
Specifics: The proposal would create the same suffix for the two primary
entrance drives off of 22nd Avenue. The change does not affect any
previously assigned addresses in the research park complex.
City Council Packet
June 8, 2010
110
Resolution No. 59-10
Resolution Pertaining to Changing the Names of Streets
Whereas, the City Council is authorized under Article I, Section 74-1 to change the names of
streets within the city; and
Whereas, certain streets need to be renamed to attach an appropriate suffix to maintain
consistency with adjacent street names
Now, Therefore, Be It Resolved by the governing body that the following changes be made:
Old street name: Miller Drive
New street name: Miller Park Way
Abutting legal descriptions:
Lots A and 17, Block 1, SDSU Innovation Campus Addition of the Plat of Lots 1-32, Lots
A to E and road rights-of-way, all in Block 1, SDSU Innovation Campus Addition in the
NW ¼ of Section 19-T110N-R49W recorded in Plat Book 26, Page 48, at 11:30 AM on
December 18th, 2008
The City Clerk is directed to file a copy of this resolution with the Register of Deeds and to
request the above referenced plats be notated with the new street names and a reference to
this resolution be added describing the proper miscellaneous record.
Passed and approved this 8th day of June, 2010.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
______________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
112
CONSENT AGENDA #4
I. Action on Resolution No. 60-10, a Resolution declaring surplus
property at the Airport.
The City recently purchased the hangar located at site ―A‖ at the Brookings
Regional Airport from Jim Jones Jr. and Chris Jones. The hangar is in poor
condition and needs to be removed from the Airport to allow for
construction in the vicinity of the hangar. This construction consists of
raising the elevation in the area for drainage and reconstruction of the
nearby taxiway. The details of the hangar are as follows:
One (1) Aircraft Hangar
Year: approximately 1952
Location: Airport hangar site ―A‖
According to SDCL 6-13-2, the City Council may authorize City Staff to
appoint three real property owners of the City to appraise the value of the
property. These real property owners shall file a report of the appraisal
with the City Clerk. This resolution will authorize the City Manager to
appoint three real property owners to appraise the value of the hangar and
to sell the building.
City Council Packet
June 8, 2010
113
Resolution No. 60-10
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described asset located at the
Brookings Regional Airport:
One (1) Aircraft Hangar
Year: approximately 1952
Location: Airport hangar site ―A‖
Whereas in the best financial interest, it is the desire of the City of Brookings to sell said
surplus property; and
Whereas, the City Manager is hereby authorized to appoint three real property owners to
appraise the value of said surplus property; and
Whereas, the City Manager is here authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota,
that this property be declared surplus property according to SDCL Chapter 6-13.
P assed and approved this 8th day of June, 2010.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
118
CONSENT AGENDA #4
J. Action on Resolution No. 61-10, a Resolution Authorizing the
City Manager to sign a Grant Application for Federal Aviation
Administration Airport Wildlife Fence, A.I.P. #3-46-0005-023-
2010
This resolution will authorize the City Manager to sign the Grant
Application for Brookings Regional Airport Project #3-46-0005-023-2010
for a new Perimeter Wildlife Fence.
Bidding and Funding: The Brookings City Council approved Resolution No.
19-10 on February 9, 2010 for professional services with Helms &
Associates to design the Perimeter Wildlife Fence project in anticipation of
receiving Airport Improvement Grant No. 3-46-0005-23-2010 for the
construction of the fence. The fence plans for the project were designed,
however, the City could not advertise until FAA reauthorized their funding
and issued notice to Brookings. We recently received verbal authorization
to advertise the project, however, the timeline was extremely short and
the bids must be opened and approved by June 15, 2010. Typically, the bids
are opened one week prior to a City Council meeting to prepare the
memo and Resolution, however, the bid letting for this project will be on
June 8, 2010, at 2:30. The bid results and corresponding Resolution will be
distributed to the City Council at their June 8, 2010 meeting.
The South Dakota Department of Transportation Office of Aeronautics has
indicated they will reimburse 3% of the project cost, and the FAA will
reimburse the typical 95% of the project cost, resulting in the City share of
2%. The SDDOT share was 2% in the past, and they have raised their
portion for several of their aviation projects.
Background on the wildlife fence project: The Brookings Regional Airport
is inspected annually by a Federal Aviation Administration (FAA)
certification officer. During past inspections, the certification officers have
indicated a new wildlife fence is necessary around the airport for the areas
with a four or six foot tall chain link fence, which is primarily on the east
half of the airport property. The purpose of the fence is to protect the
users of the airport from large wildlife, such as deer, coyotes, etc. In
previous years, the airport managers indicated to the certification officer
City Council Packet
June 8, 2010
119
the City was performing a master plan and environmental assessment and
the fence could be installed after a determination was made regarding the
future airport location. However, the FAA is increasing their efforts to
mitigate wildlife hazards on airports and are requiring the Brookings
Airport to install this fence by October, 2010. The new wildlife fence will
be a benefit to the airport as deer have jumped over the existing shorter
fence which creates a safety hazard for the users of the airport, in addition
to the time and resources necessary to remove the deer from the airport.
In addition, if the airport remains at the current location, only a portion of
approximately 300 yards long will need to be moved and the fencing
material may be re-used for the new alignment.
Resolution No. 61-10
A Resolution Authorizing the City Manager to Sign a Grant Application for
Federal Aviation Administration, Airport Wildlife Fence
A.I.P. #3-46-0005-023-2010
Whereas, the Brookings City Council desires funding for a Perimeter Wildlife Fence at the
Brookings Regional Airport for the Federal Aviation Administration Grant AIP Project No. 3-
46-0005-023-2010; and
Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by the
Federal Aviation Administration for 95% and the SD State Aeronautics Department for 3% of
the allowable costs incurred in accomplishing the Perimeter Wildlife Fence; and
Whereas, the Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-23-2010 in accordance with the approved Grant
Agreement.
Now, Therefore, Be Resolved, that the City Manager is hereby authorized to sign a Grant
Application for the Federal Aviation Administration Grant AIP Project No. 3-46-0005-23-2010.
Passed and approved this 8th day of June 2010.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
120
CONSENT AGENDA #4
K. Action on Resolution No. 62-10, a Resolution Authorizing the
City Manager to Sign a Grant Agreement for Federal Aviation
Administration Airport Wildlife Fence, A.I.P. #3-46-0005-023-
2010
This resolution will authorize the City Manager to sign the Grant
Agreement, upon receipt, for Brookings Regional Airport Project #3-46-
0005-023-2010 for a new Perimeter Wildlife Fence.
Bidding and Funding: The Brookings City Council approved Resolution No.
19-10 on February 9, 2010 for professional services with Helms &
Associates to design the Perimeter Wildlife Fence project in anticipation of
receiving Airport Improvement Grant No. 3-46-0005-23-2010 for the
construction of the fence. The fence plans for the project were designed,
however, the City could not advertise until FAA reauthorized their funding
and issued notice to Brookings. We recently received verbal authorization
to advertise the project, however, the timeline was extremely short and
the bids must be opened and approved by June 15, 2010. Typically, the bids
are opened one week prior to a City Council meeting to prepare the
memo and resolution, however, the bid letting for this project will be on
June 8, 2010, at 2:30. The bid results and corresponding resolution will be
distributed to the City Council at their June 8, 2010 meeting.
The South Dakota Department of Transportation Office of Aeronautics has
indicated that they will reimburse 3% of the project cost, and the FAA will
reimburse the typical 95% of the project cost, resulting in the City share of
2%. The SDDOT share was 2% in the past, and they have raised their
portion for several of their aviation projects.
Background on the wildlife fence project: The Brookings Regional Airport
is inspected annually by a Federal Aviation Administration (FAA)
certification officer. During past inspections, the certification officers have
indicated a new wildlife fence is necessary around the airport for the areas
with a four or six foot tall chain link fence, which is primarily on the east
half of the airport property. The purpose of the fence is to protect the
users of the airport from large wildlife, such as deer, coyotes, etc. In
previous years, the airport managers indicated to the certification officer
City Council Packet
June 8, 2010
121
the City was performing a master plan and environmental assessment and
the fence could be installed after a determination was made regarding the
future airport location. However, the FAA is increasing their efforts to
mitigate wildlife hazards on airports and are requiring the Brookings
Airport to install this fence by October, 2010. The new wildlife fence will
be a benefit to the airport as deer have jumped over the existing shorter
fence which creates a safety hazard for the users of the airport, in addition
to the time and resources necessary to remove the deer from the airport.
In addition, if the airport remains at the current location, only a portion of
approximately 300 yards long will need to be moved and the fencing
material may be re-used for the new alignment.
Resolution No. 62-10
A Resolution Authorizing the City Manager to Sign a Grant Agreement for
Federal Aviation Administration Airport Wildlife Fence
A.I.P. #3-46-0005-023-2010
Whereas, the Brookings City Council desires funding for a Perimeter Wildlife Fence at the
Brookings Regional Airport for the Federal Aviation Administration Grant AIP Project No. 3-
46-0005-023-2010; and
Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by the
Federal Aviation Administration for 95% and the SD State Aeronautics Department for 3% of
the allowable costs incurred in accomplishing the Perimeter Wildlife Fence; and
Whereas, the Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-23-2010 in accordance with the approved Grant
Agreement.
Now, Therefore, Be It Resolved, that the City Manager is hereby authorized to sign all
documents related to a Grant Agreement for the Federal Aviation Administration Grant AIP
Project No. 3-46-0005-23-2010, upon receipt of the grant offer.
Passed and approved this 8th day of June 2010.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
122
CONSENT AGENDA #4
L. Action on Resolution No. 63-10, a Resolution Awarding Bids for
Federal Aviation Administration Airport Wildlife Fence, A.I.P.
#3-46-0005-023-2010
There will be a bid opening on June 8, 2010, at 2:30 for the Airport Wildlife
Fence Project, A.I.P. #3-46-0005-023-2010. SPECIAL NOTE: The
bidding information and Resolution No. 63-10 to award bids will
be presented to the City Council on June 8th for the Council
meeting.
Bidding and Funding: The Brookings City Council approved an agreement
for professional services on February 9, 2010, with Resolution No. 19-10,
with Helms & Associates. The City anticipated receiving Airport
Improvement Grant No. 3-46-0005-23-2010 for the construction of a
Perimeter Wildlife Fence at the Brookings Regional Airport. The plans for
the project were designed, however, the City could not advertise until FAA
reauthorized their funding and issued notice to Brookings. We recently
received verbal authorization to advertise the project, however, the
timeline was extremely short, and the bids must be opened and approved
by June 15, 2010. Typically, the bids are opened one week prior to a City
Council meeting to prepare the memo and Resolution, however, the bid
letting for this project will be on June 8, 2010, at 2:30. The bid results and
corresponding Resolution will be distributed to the City Council at their
June 8, 2010 meeting.
The South Dakota Department of Transportation Office of Aeronautics has
indicated they will reimburse 3% of the project cost, and the FAA will
reimburse the typical 95% of the project cost, resulting in the City share of
2%. The SDDOT share was 2% in the past, and they have raised their
portion for several of their aviation projects.
Background on the wildlife fence project: The Brookings Regional Airport
is inspected annually by a Federal Aviation Administration (FAA)
certification officer. During past inspections, the certification officers have
indicated a new wildlife fence is necessary around the airport for the areas
with a four or six foot tall chain link fence, which is primarily on the east
half of the airport property. The purpose of the fence is to protect the
City Council Packet
June 8, 2010
123
users of the airport from large wildlife, such as deer, coyotes, etc. In
previous years, the airport managers indicated to the certification officer
that the City was performing a master plan and environmental assessment
and the fence could be installed after a determination was made regarding
the future airport location. However, the FAA is increasing their efforts to
mitigate wildlife hazards on airports and are requiring the Brookings
Airport to install this fence by October, 2010. The new wildlife fence will
be a benefit to the airport as deer have jumped over the existing shorter
fences, which creates a safety hazard for the users of the airport, in
addition to the time and resources necessary to remove the deer from the
airport. In addition, if the airport remains at the current location, only a
portion of approximately 300 yards long will need to be moved and the
fencing material may be re-used for the new alignment.
City Council Packet
June 8, 2010
124
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.html
City Council Packet
June 8, 2010
125
Presentations/Reports/Special Requests
7. Mayor Reed’s Annual State of the City Message.
Mayor Reed will present his annual State of the City Message at the meeting.
A copy of the report will be available after the meeting on the City of
Brookings website (www.cityofbrookings.org).
City Council Packet
June 8, 2010
126
Second Readings / Public Hearings
8. Public hearing and action on annual Alcohol Malt Beverage
License renewals.
A public hearing and action by the governing body is required to renew
Malt Beverage Licenses on an annual basis. The enclosed legal notice was
published listing all the applications. Licenses are effective from July 1st to
June 30th. The license fees are $200 for Off-Sale and $300 for On-Off Sale.
Once approved, the applications will be forwarded to the State
Department of Revenue for final action and issuance of the license.
City Ordinances:
The following is the City Code of Ordinances pertaining to Application Review
Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
(a) Type of business which applicant proposes to operate:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to convenience grocery
stores, gas stations, or other stores where groceries or gasoline are sold
unless it can be established that minors do not regularly frequent the
establishment.
(b) The manner in which the business is operated:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to establishments which
are operated in a manner which results in minors regularly frequenting
the establishment.
(c) The extent to which minors are employed in such a place of business:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to convenience grocery
stores, gas stations, or other stores where groceries or gasoline are sold
and which regularly employ minors.
(d) The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police
Department can adequately police the proposed location.
(e) Other factors:
The hours that business is conducted shall be considered by the City
Council in its review of applications for on-sale alcoholic beverage
operating agreements and on-sale malt beverage and wine licenses
City Council Packet
June 8, 2010
127
State Law Information:
SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the
governing board of the municipality within which the applicant intends to operate…The
governing board: ―shall have discretion to approve or disapprove the application
depending on whether it deems the applicant a suitable person to hold such license and
whether it considers the proposed location suitable.‖
SDCL 35-2-6.2 provides the ―character‖ requirements for alcoholic beverage licensees:
―Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.‖
Procedure for issuance of licenses:
Procedurally, SDCL 35-2-3 provides that ―no license for the on or off-sale at retail of
alcoholic beverages…shall be granted to an applicant for any such license, except after
public hearing, upon notice.‖ SDCL 35-2-5 provides the procedure for the time and
place of hearing and for publication of notice. If an application for a license is refused,
―no further application may be received from a person until after the expiration of one
year from the date of a refused application.‖
Summary:
SDCL and case law support the premise that the decision to issue an alcoholic beverage
license is discretionary. The City can assess the character of the applicant and whether
the location is suitable. A person convicted of a felony is prohibited from applying for a
license; therefore, a convicted felon would fail the character test. In determining suitable
location, the Council may involve the determination of whether the location is suitable
consistent with the procedure developed through South Dakota Case Law. This
includes the manner in which the business is operated; the extent to which minors
frequent or are employed in such place of business; the adequacy of the police facilities
to properly police the proposed location, and other factors associated with the sale of
alcoholic beverages.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
128
NOTICE OF PUBLIC HEARING ON APPLICATIONS
FOR SALE OF ALCOHOLIC BEVERAGES FOR 2010-2011
NOTICE IS HEREBY GIVEN that the City Council in and for the City of Brookings, South Dakota, on
June 8, 2010, at the hour of 6:00 P.M. in the Council Chambers, City Hall, in said City of Brookings, will
meet in regular session to consider the following applications for alcoholic beverage licenses to operate
within the City of Brookings, South Dakota, for the 2010-2011 licensing period, which have been
presented to the governing body and filed in the City Clerk’s Office.
On-Off Sale Malt:
Gonz Production, Inc. (Main Street Pub) 408 Main Ave.
Old Sanctuary 928 4th St.
Guadalajara Village Square Mall #1
Boss’ Pizza & Chicken 420 Main Ave.
Skinner’s Pub 300 Main Ave.
Cottonwood Bistro 1710 6th St.
King’s Wok 1819 6th St.
George’s Pizza & Steakhouse 311 Main Ave.
Danny’s 703 Main Ave. So.
BraVo’s 610 Medary Ave.
Pizza Hut 418 6th St.
Oly’s Neighborhood Pub & Grill 725 Main Av. So.
Ray’s Corner 401 Main Ave.
Carpy’s Pub 700 22nd Ave. So.
Edgebrook Golf Course 1415 22nd Ave. So.
Taste of Europe 1300 Main Ave. So.
Sixth Street Diner 223 6th St.
South Main Diner 615 Main Ave. So.
Casino 2000 622 25th Ave.
The Shamrock 1104 22nd Ave. So.
Swiftel Center 824 32nd Ave.
PNP Pub 318 2nd St. So.
Schoon’s PNP Pub South 1203 Main Ave. So.
Cubby’s Sports Bar & Grill 307 Main Ave.
Brookings Softball Assoc. (Southbrook Softball Diamonds) 2800 22nd Ave. So.
Package Beer (off-sale):
Jim’s Tap 309 Main Ave.
Sully’s Irish Pub 421 Main Ave.
Schoon’s Pump-n-Pak 202 S. Main Ave.
Gas N More 600 6th St.
CPI (dba Zip Trip) 1005 6th St.
CPI (dba Zip Trip) 3045 LeFevre Dr.
BP of Brookings Inc. 2420 6th St.
Casey’s General Store 534 22nd Ave. So.
Casey’s General Store 620 8th St. So.
Casey’s General Store 122 West 6th St.
Newman’s Kerr McGee 503 6th St.
Hy-Vee Food Store 700 22nd Ave.
Hy-Vee Gas 716 22nd Ave. So.
Wal-Mart Stores, Inc. 2233 6th St.
Dated May 28, 2010
Shari Thornes, Brookings City Clerk
City Council Packet
June 8, 2010
129
Second Readings / Public Hearings
9. 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.
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 Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
130
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: June 8, 2010
Published: June 11, 2010
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
135
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
June 8, 2010
136
Second Readings / Public Hearings
10. 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.
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:
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
City Council Packet
June 8, 2010
137
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.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
138
The City Engineer issued a press release and mailed a notice to the following list
for this second reading of the ordinance.
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)
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)
City Council Packet
June 8, 2010
139
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)
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)
City Council Packet
June 8, 2010
140
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
June 8, 2010
141
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
June 8, 2010
142
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.
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.
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.
Final Stabilization means one of the following:
1. All soil disturbing activities at the site have been completed and a uniform perennial
vegetative cover with a density of 70% of the native cover for unpaved areas and areas
not covered by permanent structures has been established, or equivalent permanent
stabilization measures (such as the use of gravel, riprap, gabions, 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
June 8, 2010
143
3. For construction projects on land used for agricultural purposes, final stabilization may
be accomplished by returning the disturbed land to its pre-construction agricultural use.
Areas disturbed that were not previously used for agricultural activities, such as buffer
strips immediately adjacent to waters of the state, and areas that are not being returned
to their pre-construction agricultural use, shall meet the final stabilization criteria in (1)
or (2) above.
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:
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
June 8, 2010
144
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.
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:
1. 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;
2. Designed or used for collecting or conveying storm water;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
§122.2.
Municipality – a city, town, county, district, sanitary district, or other public body created by or
under state law with jurisdiction over the disposal of sewage, industrial wastes, or other wastes.
Nonpoint Source – a source of pollution that is not defined as a point source by the
Environmental Protection Agency (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
June 8, 2010
145
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
June 8, 2010
146
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
June 8, 2010
147
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
June 8, 2010
148
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
June 8, 2010
149
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
June 8, 2010
150
(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
June 8, 2010
151
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
June 8, 2010
152
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
June 8, 2010
153
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
June 8, 2010
154
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
June 8, 2010
155
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
June 8, 2010
156
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
June 8, 2010
157
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
June 8, 2010
158
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
June 8, 2010
159
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
June 8, 2010
160
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
June 8, 2010
161
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: June 11, 2010
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
_______________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
162
Second Readings / Public Hearings
11. 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.
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
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.
City Council Packet
June 8, 2010
163
A press release was issued for the second reading of this ordinance. In
addition, a notice of the second reading of this Ordinance was sent to the
Brookings homebuilders, contractors, developers, and consultants.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
164
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: June 8, 2010
Published: June 11, 2010
CITY OF BROOKINGS, SD
__________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
165
Second Readings / Public Hearings
12. 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.
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
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.
City Council Packet
June 8, 2010
166
A press release was issued for the second reading of this ordinance. In
addition, a notice of the second reading of this ordinance was sent to the
Brookings homebuilders, contractors, developers and consultants.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
167
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.
I.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2010
Second Reading: June 8, 2010
Published: June 11, 2010
CITY OF BROOKINGS, SD
___________________________
ATTEST: Tim Reed, Mayor
______________________
Shari Thornes, City Clerk
City Council Packet
June 8, 2010
168
OTHER BUSINESS
13. Discussion and possible action regarding the Swiftel Center
Expansion Plan.
Pursuant to previous City Council direction, this item is on the agenda for
additional consideration and discussion. The last Council action on this
issue occurred at the January 26, 2010 Council meeting where the Council
approved a motion to support the proposed expansion contingent upon
securing a partnership with an attached hotel that would be developed,
built, and operated privately. There was no deadline included in the
motion.
Staff continues to make contacts with developers, hotel franchisees, capital
investors, and others about the project locally, regionally, and even
nationally. While there seems to be interest from several of the parties
with whom we have communicated, we have not yet been able to secure a
specific proposal for your consideration.
Staff has no new information to share on the proposed project. Attached
in the packet are letters of support we have received for the project and
one letter in opposition from a hotel competitor. In addition, one of the
letters of support is from the Brookings Economic Development
Corporation which recently approved the letter unanimously at the May
Board meeting.
This item is further described as Number 3 of Tier 1 priorities of your
adopted 2010 Strategic Plan.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
169
Council Packet Memo from the June 23, 2009 City Council Packet:
Swiftel Center Expansion Plans.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
Swiftel Executive Director Tom Richter
RE: Goal #6 of Strategic Plan: Swiftel Center expansion project
―The purpose of this memo is to attempt to make some progress on Goal #6 of the 2009
Strategic Plan. This involves a decision on a potential expansion of the Swiftel Center. As
background information, there were two studies performed. A feasibility study completed by
VenuWorks Consulting of Ames, Iowa and a validation study completed by HVS Convention,
Sports, and Entertainment of Chicago, Illinois. Presentations have been given by both
consultants on these two reports at previous council meetings. Both studies identified market
demand, facility requirements, lost market share, and economic impact estimates. The data
clearly justifies and expansion if properly done.
The proposed expansion comprises three distinct components. First, it involves an expansion
and modification to storage areas, upgrade and relocation of the kitchen, and relocation of
offices. The latter is chiefly accomplished by acquiring the County Resource Center. These
modifications are needed as basic facility upgrades that reflect the substantial changes that have
occurred since the opening of the facility in 2001. These types of changes are common in
public facilities. These proposed changes reflect the growth and intensified use of the facility
from how it was originally envisioned, designed, and built.
The second component involves modification of the existing Daktronics Banquet Room into
three individual rooms which can be further sub-divided into a total of six, smaller break-out
rooms. The addition of a ballroom/convention hall can also be divided into a maximum of six
additional break-out rooms.
The total estimated cost of this project is $7 million.
The third component is the addition of a hotel with 80-100 rooms attached to the southeast
corner of the Swiftel Center. This hotel would be accomplished either through selling a
portion of the property for the hotel or a land lease. The hotel would be constructed,
financed, and owned privately.
Although the methodology was varied between the two reports, and the specifics on a few
details differ; the basic fundamental conclusion of the two reports is the same: that properly
designed and constructed, an expanded Swiftel Center could significantly attract more events to
Brookings.
The primary public policy reasons for expanding the Swiftel Center can be synthesized into four
basic issues:
1. Capture more market share of events with improved facilities;
2. Increase the economic impact for the entire community and region having captured more events and
attracting more visitors;
3. Capitalize on a unique visitor ―niche‖ for tourism in the absence of other tourism venues;
4. Capitalize on the current investment of the existing Swiftel Center by improving it to make it more
versatile and multi-purpose.
City Council Packet
June 8, 2010
170
The following is a more detailed discussion of each of these four issues.
(1) Capture more market share of events with better facilities
The original ―Agri-Plex‖ facility was envisioned as primarily an agricultural exhibit hall with a
rather limited scope of events that it was designed to accommodate. Over the years, the
Swiftel Center‘s popularity resulted in the facility being called upon to host a wider range of
events beyond agricultural exhibits to concerts, sporting events, training meetings, conference
and conventions, and receptions. Clearly, this usage demonstrates the facility is meeting a need
for the community. During this time, the Swiftel Center has experienced little in the way of
physical upgrades or improvements necessary to meet the changing needs of event sponsors
from the original agricultural exhibit concept. What‘s more, the current configuration does not
efficiently allow for multiple simultaneous events that would capitalize on the systems and
personnel currently in place. The research has identified events that could be attracted to
Swiftel Center as noted on page 56 of the VenuWorks Study, if the facility had additional
amenities to meet their needs. In the VenuWorks study question number 10 on page viii of the
Appendix indicates that 77.7% of the respondents rotate their events. Brookings is only
capturing 12.5% of that business currently.
(2) Economic impact
From 2001 through 2008 the Swiftel Center generated $65.6 million in estimated economic
impact. The model used for calculating the economic impact at the Swiftel Center is from the
International Association of Assembly Managers, ―Calculating Economic Impact‖ by Bonnie
Finnie, Facility Manager Magazine, 1997 and Minnesota Office of Tourism, Central Minnesota
Events Center, Review of Economic Impact, Revenues and Expenditures Assumptions. Through
2008 the Visitor spending numbers used by the Brookings Convention and Visitor Bureau were
$40.00 a day for a daily visitor and an additional $65.00 for an overnight stay. The Swiftel
Center hosted 1,464 events from 2001-2008 which equated to 2,047 event days and total
attendance of 706,783.
Based on the HVS Study on page 6-14 table 6-6 the projected room night demand in 2013 will
be 24,398. If you calculate that by the current Brookings CVB overnight visitor spending, the
economic impact would be $6.1 million. According to the VenuWorks Study on page 68,
calculating only two percent of attendees stay overnight, the projected economic impact for the
expanded facility will increase in year five of operation from approximately $9.1 million a year
to over $21.7 million a year.
In 2009 the Brookings CVB adjusted their daily visitor spending formula from $40.00 a day to
$60.00 a day and an overnight visitor spending from $65.00 to $80.00. For the first quarter of
2009 the Swiftel Center has generated over $3.6 million in local economic impact utilizing these
updated numbers.
(3) Visitor ‘niche’ market
The absence of traditional tourism amenities in Brookings suggests the need to develop a
‗niche‘ market, or other ways in which to bring visitors to the area. The lack of recreational
lakes and outdoor features, large-scale special events or celebrations, or tourist attractions
hinders our ability to attract visitors. As the Brookings Visitor Promotion Committee will
attest, reasons to visit Brookings stem from a limited number of special events such as the
City Council Packet
June 8, 2010
171
Summer Arts Festival, athletic and recreational events held at athletic facilities and the Larson
Ice Center, and special events held in conjunction with SDSU or at the Swiftel Center. For that
reason, we must fully develop our potential in these ―niche‘ markets where we can bolster the
economic impact for the local business community, the state‘s four percent sales tax, and the
City‘s two/three percent sales tax revenue stream. When making financial decisions, the
Visitor Promotions Committee takes a number of items into consideration. The greatest
consideration is given to events that make a significant economic impact on the Brookings
Community. The Committee also takes into account the ability of an event to draw a majority
of attendees from out-of-town. All events must demonstrate a need for funding, take place
within City limits, and clearly benefit the community. The Committee held a strategic planning
session in early 2008, at which time it identified conventions and youth tournaments as high
priority events. Historically, these events provide a high return on invested dollars and create a
significant economic impact. This expansion to the Swiftel Center is vital to attract additional
youth sporting events and conventions.
The niche market for the Swiftel Center will continue to be built upon a solid foundation of
events and activities currently being held at the Center. The expansion will allow us to begin
pursuing previously lost business opportunities as soon as the plan is approved. With SDSU
being an economic and educational anchor to the region, endless possibilities are available for
partnerships that would benefit both of us. While SDSU can be expected to make full
utilization of their own facilities, they will continue to utilize the facilities at an expanded Swiftel
Center. Such use is significant and well documented in the research. Not only will faculty and
staff at SDSU be a valuable resource as keynote speakers for meetings and conventions, but a
―Bring Your Meetings Home‖ campaign will encourage them and others in our community to
look within the organizations they belong to bring their own meetings and conventions to
Brookings.
(4) Capitalize on the current investment
If the community demonstrates it can use ―more of what we already have‖, why not add to the
current investment instead of duplicating it elsewhere? It only makes sense to improve and
expand on the current investment instead of needlessly duplicating like facilities elsewhere. The
Swiftel Center is in an excellent location with easy access and visibility from I-29; it has
convenient access to residents; has room to expand; is located close to virtually all hotel
rooms; and already contains the ―core‖ functions and amenities available to efficiently
accommodate an expansion. What‘s more, improving the existing facility adds more synergy in
one location providing for a more economical investment. If additional public assembly venues
are needed for exhibits, meetings and conferences, receptions, concerts, or sporting events; it
is only logical that expansion take place at the Swiftel Center. This also helps make the overall
facility more versatile and multi-purpose while maximizing efficiency for necessary support
functions such as kitchen, storage, offices, and equipment.
The expansion will also provide the high tech, state-of-the-art amenities that today‘s convention
and meeting planners require. The addition of a quality hotel completes the full package of
amenities allowing Brookings to be competitive in the meeting and convention market. All of
this is possible only because we are able to capitalize on our existing investment.
City Council Packet
June 8, 2010
172
Capital financial implications
The current bond issue for indebtedness that provided the Swiftel Center and the Library is set
to be retired in 2013. If you decide to proceed, staff is proposing we complete the Swiftel
expansion project and schedule the debt service for bond issuance of the expansion to begin in
2014. The effect on the second penny indebtedness is that it will actually continue the bond
payments with a new issuance so there is no overlapping debt from the two issuances. We
would not be incurring any new Swiftel debt until the old Swiftel debt is completely retired so
the aggregate debt load will not be increased. The future debt service payments may be either
higher or lower compared to the current payment depending upon how much the project
costs, how much debt you wish to incur, the interest rate, and term of the debt.
Operating financial implications
The operating expenses of the Swiftel Center are financed by two revenue streams; the income
from operations and an operating subsidy from the City. In 2009, the operating subsidy is
$316,000. The Swiftel Center was always envisioned to need a subsidy like many other services
beneficial to the City of Brookings such as the pool, ice arena, golf course, and airport. They
provide a public benefit as a result of a taxpayer investment. In the case of the Swiftel Center,
the subsidy helps finance events which supply the economic benefit to the businesses in the
community. The Swiftel Center, Larson Ice Center, and South Dakota State University are the
three largest, single generators of outside visits to Brookings that provide a continual stream of
economic benefit to the private sector businesses. The operating subsidy is more aptly termed
an ―investment.‖ Even though it does not show a return-on-investment in the bottom line of
the Swiftel Center, it adds to the bottom line of businesses. Clearly, without these three
facilities, we would not have the number of hotels, restaurants, retail, and convenience stores
we currently have in our business community.
The HVS Study states on page 6-29 the City subsidy will increase without the expansion to
$555,000 in 2013 and with the expansion $494,000. According to the VenuWorks study on
page 67 it shows the City allocation increasing to $333,405 in the first year of the expanded
facility and decreasing to $281,575 in the fifth year of operation.
In order to make some forward progress on this issue, staff needs direction from the Council
about your collective position. Is there other information you need to help aid in your
decision? We can cancel the project in its entirety, delay it, or move forward. If you decide to
delay the project, it would be helpful to cite reasons for the delay and certain steps to be taken
to resolve the reason for the delay so an eventual decision can be made. If you decide to move
forward, the first step would be to authorize staff to develop Requests for Proposals (RFP) for
architectural services. If you decide to move forward, I will need to budget architectural
expenses in the 2010 budget which we are beginning to prepare.‖
City Council Packet
June 8, 2010
202
OTHER BUSINESS
14. Discussion and possible action on the construction delivery
method for the Joint City/County Intergovernmental Project.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Construction delivery method for Brookings City/County
Administration Building
Pursuant to your previous action to defeat a contract for construction
management services with the Bossardt Corporation, questions and
concerns have been raised not only about whom to contract with for the
project but also the delivery method of construction for the project.
The Joint Powers Board, duly appointed by each governing body for
representation, determined the construction delivery method. They
selected the construction management-agency method using the
standardized document AIA-C132-2009, as amended, as the contract for
services.
Failure to approve a contract means the project is stalled at this point until
an affirmative decision is made about a replacement consultant for the CM-
agent; or a change in the delivery method itself.
This item is on the agenda in an effort to make a policy determination in
the form of a recommendation to the Brookings County Commission
about these unresolved matters. Any change will require concurrence with
the County Commission.
City Council Packet
June 8, 2010
224
OTHER BUSINESS
15. Action to appoint the Deputy Mayor.
The City Charter requires the City Council annually appoint a Deputy
Mayor. The Deputy Mayor‘s duties are to conduct City Council meetings
in the absence of the Mayor and to conduct ceremonial duties when the
Mayor is not available. The is a one-year term ending June 1, 2011. A
nomination from the floor would be appropriate. Council Member Mike
Bartley has served as Deputy Mayor since May 26, 2009.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 8, 2010
225
OTHER BUSINESS
16. Financial overview by Brookings Municipal Utilities
representatives.
Representatives from Brookings Municipal Utilities will present a current
financial overview to the City Council and respond to questions.
Informational
City Council Packet
June 8, 2010
230
EXECUTIVE SESSION
17. Executive Session for purposes of discussing marketing or pricing
strategies by a board or commission of a business owned by the
state or any of its political subdivisions, where public discussions
would be harmful to the competitive position of the business.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or fitness
of any public officer or employee or prospective public officer or employee.
The term ―employee‖ does not include any independent contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of
this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
City Council Packet
June 8, 2010
231
18. Adjourn