HomeMy WebLinkAbout2009_10_13 CC PKTCity Council Packet
October 13, 2009
Brookings City Council
Tuesday, October 13, 2009
City Hall Council Chambers
311 Third Avenue
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.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on an appointment to the Human Rights Committee.
D. Action to approve Fire Mutual Aide Agreements.
E. Action on Resolution No. 89-09, a Resolution Authorizing Final Change Order (CCO
#1 Final) for 2008-04STA, Alley Assessment Project, Bowes Construction Inc.
F. Action on Resolution No. 94-09, Setting the Unit Financial Charge for 2010 Storm
Drainage Fees.
G. Action on Resolution No. 95-09, a Resolution Awarding Bids on Agricultural Land Rent.
H. Action on Resolution No. 96-09, a Resolution Fixing Time and Place for Hearing Upon
Assessment Roll for 2008-03STA Downtown Streetscape Project.
I. Documentation of purchase of animal stalls for the Swiftel Center.
J. Action on Resolution No. 98-09, a Resolution Designating a Conservation Easement.
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. Promotion of the Rodeo & Tough Enough to Wear Pink Campaign.
6. Open Forum.
7. SDSU Student Senate Report.
Ordinances – 1st Readings **
8. Ordinance No. 25-09: An Ordinance Amending Article V. of Chapter 2 of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to Human Rights
Committees.
Public Hearing: October 27th
9. Ordinance No. 26-09: An Ordinance to change the Zoning within the Joint Jurisdictional
Area surrounding the City of Brookings.
Public Hearing: October 27th
1
City Council Packet
October 13, 2009
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the
public hearing is announced.
Second Readings/Public Hearings
10. Ordinance No. 23-09: An Ordinance to Change the Zoning within the City of Brookings
for the north 320 feet of Block 11, McClemans Addition from a Residence R-1A District to
a Residence R-3A District.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
11. Ordinance No. 24-09: An Ordinance to Change the Zoning within the City of Brookings
for Lot 9, Block 2, University First Addition from a Residence R-3 District to a Business B-2
District.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
12. Action to approve a Memorandum of Understanding Between the State of South Dakota by
and through the Board of Regents of the State of South Dakota and the City of Brookings,
South Dakota Regarding the use of a Commercial Advertising Sign.
City Manager Introduction
Motion to Approve, Request Public Comment, Roll Call
13. Action on Resolution No. 93-09, a Resolution Amending the City of Brookings Vision 2020
Comprehensive Plan
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
14. Public hearing and action on Resolution No. 97-09, regarding the City of Brookings intent
to fund three storm water projects.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
Other Business:
15. Union Contracts:
A. Action to approve the City General Employees Contract
City Manager Introduction
Motion to Approve, Request Public Comment, Roll Call
B. Action to approve the City Police Department Contract.
City Manager Introduction
Motion to Approve, Request Public Comment, Roll Call
16. Adjourn.
2
City Council Packet
October 13, 2009
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Tom Bezdichek, Council Member
John Kubal, Council Member
Mike McClemans, Council Member
Jael Thorpe, Council Member
Julie Whaley, Council Member
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.
3
City Council Packet
October 13, 2009
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on an appointment to the Human Rights Committee.
D. Action to approve Fire Mutual Aide Agreements.
E. Action on Resolution No. 89-09, a Resolution Authorizing Final Change Order (CCO
#1 Final) for 2008-04STA, Alley Assessment Project, Bowes Construction Inc.
F. Action on Resolution No.94-09, Setting the Unit Financial Charge for 2010 Storm
Drainage Fees.
G. Action on Resolution No.95-09, a Resolution Awarding Bids on Agricultural Land Rent.
Action on Resolution No. 96 -09, a Resolution Fixing Time and Place for Hearing Upon
Assessment Roll for 2008-03STA Downtown Streetscape Project.
H. Documentation of purchase of animal stalls for the Swiftel Center.
I. Action on Resolution No. 98-09, a Resolution Designating a Conservation Easement.
* 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
4
City Council Packet
October 13, 2009
CONSENT AGENDA #4
B. Action to approve Council Minutes.
The September 8 Council Minutes are enclosed for City Council review and approval.
5
City Council Packet
October 13, 2009
Brookings City Council
September 8, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, September 8, 2009 at 4:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Julie Whaley, John Kubal,
Mike McClemans, Mike Bartley and Tom Bezdichek. City Council Member Jael (Trieb) Thorpe was
absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie
Foster were also present.
Joint meeting with the County Commission. The City Council met in joint session with the
Brookings County Commission regarding space needs issues.
BEDC Downtown Task Force Report Presentation. Al Heuton, BEDC Executive Director,
gave the following presentation from the Administrative Facility Task Force:
Problem Description: Brookings County administrative space needs involve several facility-related
issues which include: mandated space accommodations to serve the Unified Judicial System,
inefficient and cramped office quarters, ADA accessibility, use of hallways for various county
functions (e.g. elections), and inefficiencies created due to separate facility locations and multiple
facility space costs.
Space Requirements. According to the TSP Architects study, the county needs approximately
20,000 square feet (SF), and the city approximately 30,000 SF; totaling 50,000 SF of space needed.
This space is made up of a combination of office space and office storage, shared storage, meeting
rooms and non-programmable space (open hallways, restrooms, etc.).
Space needs for County Offices located in the Courthouse and 1921 Building are as follows: Office
space of 10,114 SF, in-office storage of 2,166 SF, shared storage of 855 SF, meeting and other space
of 1,894 SF and non-programmable space of 4,509 SF. Total space needs = 19,538 SF.
Space needs for the office located in City Hall are as follows: office space of 5,010 SF, in-office
storage of 2,803 SF, shared storage space of 7,813 SF, meeting and other space of 7,694 SF, and
non-programmable space of 6,983 SF. Total space needs = 30,303 SF.
The Administrative Facility Task Force was created to do three things: 1) explore potential locations
for a county administrative facility, or a joint county/city facility, to include future law enforcement
facility needs, 2) consider the impact of county/city administrative facility locations on the Central
Business Historic District., and 3) present findings of the Task Force to the County Commission
and City Council.
Task Force members included: County Commissioners Don Larson and Al Gregg, City Council
Members Tim Reed and Mike Bartley, Downtown Brookings Inc. Board Members Tom Manzer and
Kris Struwe, BEDC Board Members Tim Harvey and Ryan Krogman, BEDC Executive Director Al
Heuton, Brookings City Manager Jeff Weldon, and DBI Director John Seward.
The task force conducted their own studies, as well as reviewing a number of studies conducted
previously by both the City and the County, which consisted of the following: 1) State of SD Third
6
City Council Packet
October 13, 2009
Judicial Circuit Court correspondence, 2) Final Report, Space Needs and Planning Study, Brookings
County Courthouse, May 15, 2007, Group II Architects, 3) City of Brookings Administrative Space
Needs Assessment, August 28, 2007, 4) Brookings County Administrative Space Needs Reports
(various), TSP Architects, October 2007 through November 2008, 5) Gas ‘N Mor property, TSP
Architects, August 21, 2008, 6) First Bank & Trust Building, TSP Architects, November 18, 2008, 7)
New Building Footprints for addition to the County Courthouse, Adjacent to the County
Courthouse and Courthouse Lawn Approach, Group II Architects, October 9, 2007, 8) McCarthy
Properties LLC letters dated Jan. 21, 2008, Oct. 1, 2007 and August 4, 2009, 9) Correspondence to
County Commission, 10) County Commission Meeting Excerpts April 1985 to present, 11) Vision
2020 Plan – Comprehensive Plan for the City of Brookings, 12) City of Brookings Historic
Preservation Plan, 1999, 13) State Historic Preservation Office Records Review, 14) Brookings
Historic Preservation Commission Letter, July 6, 2009, 15) Land Owner Petition, December 9, 2008
regarding Block 3, Skinners First Addition, 16) Options to Meet County Space Needs 2001.
Some of the research the task force conducted included: 1) Parking Inventory, 2) 1921 Building
Tour, 3) Conversation with the City Engineer regarding traffic, and 4) Presentation by Children’s
Museum of South Dakota.
Heuton pointed out some very germane items in looking at potential sites for locating facilities. The
City’s Vision 2020 Plan contains a number of goals and objectives relative to the downtown area: 1)
To maintain and enhance the historic and aesthetic character of the community and actively support
the reuse of historically significant structures. 2) To maintain a strength in the economic historical
visual and functional elements of the Central Business District. 3) To encourage new and infill
development. 4) To preserve unique historical structures such as the Cultural Heritage Center. 5)
To maintain a safe, inviting, and active environment improving streetscapes, etc. 4) To create
suitable transition zones between low density residential areas and intensive non-residential uses in
the downtown area to maintain the Central Business District boundaries and to prevent the
encroachment of downtown uses into adjacent neighborhoods.
A letter was sent to the Brookings Historical Preservation Commission (BHPC) asking for three
things: 1) to provide a list of or map of National Register sites and structures, 2) provide a list of
contributing properties, and 3) provide information on non-contributing sites, asking which would
be a problem if removed. BHPC provided a copy of the 1999 Historic Preservation Plan, which
discussed the purpose of the commission and their role, as well as providing a list of the National
Register Sites and a National Register District Map showing registered individual properties;
properties that are registered as they are located in the Central Business or Residential Historic
Districts.
Heuton said the BHPC would not identify specific properties to be removed; indicating non-
contributing properties provide continuity to the building rhythm within the historic district and can
potentially become contributing properties with various improvements. If a structure/building is
removed, the hope of making it a contributing property is gone. It was also noted that a parking lot
or a new office building is considered an intrusive replacement for non-contributing residents of the
same residential characters of contributing buildings in the historic district.
Excerpts from 7/06/09 BHPC Response: “…Your letter and email also asked questions regarding
contributing versus non-contributing status. The Brookings Historic Preservation Commission is particularly
concerned about these comments and their emphasis. The Brookings Historic Preservation Commission’s
7
City Council Packet
October 13, 2009
overarching responsibility is to preserve, promote and develop the historical resources of the City. In the case of
these districts, the Commission’s goal is to protect the character of each district as a whole.
Properties deemed non-contributing within a historic district are generally outside the district’s period of significance
or have been substantially altered since the period of significance. However, when the Brookings Historic
Preservation Commission evaluates an impact on a district, it doesn’t just look at contributing buildings. While
non-contributing buildings do not contribute to the significance of the district, replacing a non-contributing building
with a new office building or parking lot could be more of an intrusion than leaving the non-contributing building
in place. For example, a parking lot or new office building is an intrusive replacement for a non-contributing
residence which is of the same residential character as the contributing buildings in the residential historic district.
Non-contributing buildings often are of the same scale, size, setback, design and age as the contributing properties
and provide continuity to the building rhythm within the historic district. These features and their relationships
should be examined not only within the exact boundaries of the property, but also between the property and its
surroundings. This is particularly important for districts.
Another factor is reversibility. Non-contributing structures in a district can become contributing due to age,
removal of an inappropriate feature, or restoration of a key architectural element. A few commercial buildings are
currently under this consideration and most recently, a house in the Central District was officially designated as
contributing after an extension renovation. However, once a building is demolished it is lost forever.”…
“…The Brookings Historic Preservation Commission is charged with the protection, promotion and development
of all the city’s historic resources. It is not within the Commission’s scope and we believe it is contrary to the
Commission’s mission to provide a ranking or placement of value of one property over another. Again, the
Commission’s goal is to protect the character of the districts as a whole and not a piecemeal approach.
With respect to potential county and/or city expansion locations, on January 10, 2008, the Brookings Historic
Preservation Commission unanimously adopted the following resolution regarding the Brookings County
expansion plans which urged the reuse of the 1921 building for County offices. The BHPC still stands by that
resolution.”
One of the things critical in the discussion among county commissioners is the availability of
parking in the Central Business District area. BEDC’s summer intern conducted a parking survey
inventorying the number of empty and occupied parking spaces within the Central Business District;
inventory was done three times per day for two weeks. The area covered extended from 6th Street
South to the Railroad tracks, and from the East side of Main Street to 7th Avenue. Included in this
study were primarily public spaces, such as the parking lot of the vacant First Bank & Trust
Building. If this building becomes occupied, these spaces would not be available for public parking.
Eight hundred sixty three (863) parking spaces were identified in the Central Business District.
Parking space usage ranged from a low of 258 spaces to a high of 361 spaces. Some items to note
were: 1) new street parking north of the new Children’s Museum, 2) construction on 3rd and 4th
Avenues, and 3) the City Engineer’s review to determine if too many parking spaces for new parking
areas were estimated or if there are current spaces that may be eliminated. All-in-all there is a
substantial amount of parking in the area, but whether people will use it or not is a big question.
Heuton showed maps detailing the parking inventory of open versus occupied parking spaces for 3
different days and times.
8
City Council Packet
October 13, 2009
Heuton visited with Lisa Sovotny and Suzanne Hegg from the Children’s Museum of South Dakota.
They indicated parking for the museum will be on 4th Street with a one-way designation requested
from 6th Avenue to 5th Avenue. They are projecting 25,000 visitors per year with an average of 2.7
persons per vehicle; this equates to 25 autos per day Monday through Friday. Most of the traffic is
expected to occur on weekends when County Offices are not open. They expect a maximum of
three buses per day, which can be controlled via visitation schedules with schools. Sovotny and
Hegg are very interested in maintaining the character of the neighborhood as a residential/
community-type location with fairly low impact traffic with an interest in developing a focal point
for the Central Business District area, referring to it as a type of town square or campus concept.
County Administrative Requirements. The County Courthouse has 41-50 employees with 100
visitors per day with a peak of 25 people at one time; the hours between 11:00 a.m. and 1:00 p.m.
were the busiest. Combining visitors with employees, there’s a need of 75 parking spaces for
administrative facilities. City Hall has 22 employees with 25-30 visitors per day with a peak of five at
one time; including meetings with 10-15 people per meeting. City Hall’s parking space need is
around 45 spaces. These figures do not include the Fire Dept., Emergency Management, Sheriff’s
Office, or City Police Department.
A county only facility has a total space need of 46,000 SF; 10,000 SF 2-story building footprint
(20,000 SF of office space), 31,000 SF for an estimated 75 parking spaces, and 5,000 SF for
landscaping.
A joint city/county facility has a total space need of 81,000 SF; 20,000 SF building footprint, 53,000
SF for an estimated 128 parking spaces, and 8,000 SF for landscaping.
Bezdichek expressed concerns public transportation, busses, bikes, and pedestrians are not
mentioned in this study. There is only talk about what is needed for square footage for parking
spaces and office space. Heuton agreed people come to these facilities by all means of
transportation. The 31,000 SF county parking lot is the maximum size parking lot needed and could
be scaled back. The Central Business District has on-street parking which could also be utilized.
City Zoning Ordinances do not mandate providing all parking off-street.
Heuton explained differences in ‘reasonable’ parking distances and ‘convenient’ parking distances.
The study was done with maps showing reasonable distances. In determining a reasonable distance,
Heuton measured the distance from the outermost part of the Wal-Mart and Hy-Vee parking lots
where customers park to the center of the store and found the distance to be approximately 450
feet. He then showed a map outlining a 450 foot radius around the Courthouse and the available
parking within the radius. Convenient parking is completely different. The example of parking
downtown and the expectation of parking directly in front of a business was given; visual sight line.
There are several parking spots within a reasonable distance from the County Courthouse, but the
Courthouse is not visible. It is easier to drive through a parking lot and identify a parking space than
to drive around a three or four block area looking for a parking space. Heuton showed maps
depicting the 450 foot radius around the proposed southwest site (across from the library), the 1921
building/5th St. Gym site, and the west site (NAPA building).
Heuton noted the total parking spaces available in all of the alternatives reviewed is subject to
discussion and future verification for the following reasons: some spaces are not presently marked
9
City Council Packet
October 13, 2009
to allow parking, the Children’s Museum design will impact space availability, parking demands
would increase if relocating County Offices to an outlying option by 50 spaces due to the necessary
provision of staff parking, and the City Traffic Safety Committee may determine that some
identified on-street parking spaces should not be utilized.
In looking at a County-only facility, two things were looked at: 1) move Courts, and 2) move
County Administration. The perceived cost of rebuilding court facilities and remodeling the existing
courthouse within Historic Preservation Guidelines ruled out moving the Courts, helping make the
decision to move County Administrative Offices. Within the case of moving the Courts or the
Administrative Offices, several options were considered: 1) remodel existing facilities (1921
Building and First Bank & Trust Building), 2) New construction sites (Gas ‘N Mor property, 3) New
Building Footprints on the courthouse block (addition to the courthouse, courthouse parking lot,
courthouse lawn), 4) outlying communities (Volga, outside of Brookings City Limits), 5) Other
Brookings Commercial Locations (Weise Business Park, South Main Ave. area), 6) West of Main
Ave., 7) 5th Street Gym, 8) McCann Ribstein Law Office, 9) East of Courthouse, 10) South of
Courthouse, 11) Southwest of Courthouse, 12) NAPA building location.
Four options were considered for the Joint County/City Administrative Facilities: 1) 1921
Building/5th Street Gym, 2) Southwest of Courthouse, 3) ½ half block West of the Library, 4) Senior
Center/McCann Law Office site.
Task Force discussions consisted of: space needs, parking needs, traffic circulation, building
footprint sizes, proximity to courthouse, departmental interaction, maintaining government offices
in the community center, creation of a government services campus, displacement of households
and businesses, historic district buildings and contributing properties, impact on residential
neighborhoods, and assessed property values. Heuton showed maps highlighting contributing and
non-contributing properties. The entire downtown district was not looked at, just the one-half
block adjacent to the possible facility sites.
Each potential option was evaluated on the following: Courthouse proximity, Central Business
District Location, adequate lot size, evaluation of the negative impacts facilities would have located
on that particular property, impact on residential neighborhood parking, historic impact (would it
impact individually registered properties, listed properties, contributing properties), displacement of
households or businesses, number of onsite parking spaces available (either existing or could be if it
were a new construction site how many off-site parking spaces are available within that area),
building/property assessed value (not the purchase price), and remodeling cost estimate.
County Only Option Examples.
1921 Building: A) County rent exceeds $53,000 annually for 7,589 SF of space. The board room is
not assessed a charge. The annual utility budget for the space is $53,770. B) A letter from
McCarthy Properties, LLC dated October 1, 2007 includes a building purchase cost of $3,432,000.00
(Option #1). A second purchase option (Option #2) indicated a sale price of $3,108,000 with an
offer to remodel residential space not to exceed $52/SF. It is not known what the remodel would
entail or how it would fit the county’s demands. C) A letter from McCarthy properties LLC dated
January 21, 2008 includes a building purchase cost of $3,108,000 plus associated remodeling
estimated at $354,000 for a total project cost of $3,462,000. (Option #2). D) A letter dated
October 9, 2007 from TSP Architects indicates a remodeling cost of $966,790 ($190.92/SF) with a
building purchase price of $3,432,000 for a total project cost of $4,398,790. An associated floor plan
10
City Council Packet
October 13, 2009
depicts the inclusion of desired County Administrative Office spaces on the first floor. E) Location
in the 1921 building would displace six households and seven private and non-profit organization
offices if the entire first floor were used by the County. F) There is presently a waiting list of
persons with a desire to live in the 1921 Building. G) Three hundred nine (309) parking spaces were
considered to be reasonably located with respect to providing access to the 1921 Building.
The Parking Inventory results for the 1921 Building were as follows: 10:00 a.m. on Monday there
were 117 occupied/192 vacant parking spaces, 12:00 noon on Wednesday there were 102 occupied/
207 vacant parking spaces, 3:30 p.m. on Friday there were 89 occupied/220 vacant parking spaces.
The summary of the 1921 Building is as follows: excellent proximity to the Courthouse, located
within the Central Business District, adequate lot size, limited residential, listed as a contributing
historical property, would displace 6 households, has 92 on-site parking spaces and 217 off-site
parking spaces, assessed value of $1,725,300, and a remodel estimate of $354,000 to $967,000.
(NOTE: Specific information on the scope of the remodeling projects was not identified with any
of the estimates.)
Southwest Location (directly south of the library): A) Four of the five parcel owners signed a
petition indicating a willingness to sell the property for a County Administrative Facility. B) The site
is located within the Central Business District and within a reasonable distance of the Courthouse.
C) Utilizing this site would displace 10-15 households. D) All five properties are listed in the
Residential Historic District. E) Two of the five properties are identified as contributing. F) No
analysis has been conducted regarding acquisition, relocation, demolition, or construction costs.
However, TSP Architects provided assessed values and new facility construction estimates. G) 131
off-site parking spaces were considered to be reasonably located with a potential addition of 50 on-
site parking spaces for a total of 181 spaces.
The Parking Inventory results for the southwest location were as follows: 10:00 a.m. on Monday
there were 106 occupied/75 vacant parking spaces, 12:00 noon on Wednesday there were 88
occupied/93 vacant parking spaces, 3:30 p.m. on Friday there were 88 occupied/93 vacant parking
spaces. Heuton showed a map depicting the 450 foot parking radius with a 10,000 SF building
footprint.
The summary of the southwest location is as follows: excellent proximity to the Courthouse,
located in the Central Business District, adequate lot size, limited residential, properties are listed as
contributing historic properties, would displace 10-15 households, has 50 on-site parking spaces and
131 off-site parking spaces, assessed value of $430,600, with a remodel estimate of $3,971,480.
South West County/City Joint Site: A) Four parcel owners in the southwest site option area signed
a petition indicating a willingness to sell property for a County Administrative Facility. B) The site is
located in the Central Business District and within a reasonable distance of the Courthouse. C)
Utilizing this site would displace 10-15 households. D) Five properties are listed in the Residential
Historic District. E) Two of the five properties located within the Residential Historic District are
identified as contributing. F) No analysis has been conducted regarding acquisition, relocation,
demolition or construction costs. However, TSP Architects provided assessed values and new
facility construction estimates. G) 131 off-site parking spaces were considered to be reasonably
located with an additional 80 on-site parking spaces for a total of 211 parking spaces.
11
City Council Packet
October 13, 2009
The Parking Inventory results for the southwest location were as follows: 10:00 a.m. on Monday
there were 128 occupied/83 vacant parking spaces, 12:00 noon on Wednesday there were 108
occupied/103 vacant parking spaces, 3:30 p.m. on Friday there were 108 occupied/103 vacant
parking spaces. These numbers factor in the 72 occupied on-site parking spaces. Heuton showed a
map depicting the 450 foot parking radius with a 20,000 SF building footprint. Heuton noted an
architect is needed to determine the amount of land needed and the number of feasible parking
spots on the site.
The summary of the southwest joint location is as follows: excellent proximity to the Courthouse,
located in the Central Business District, adequate lot size, limited residential, properties are listed as
contributing historic properties, would displace 10-15 households, has 80 on-site parking spaces and
131 off-site parking spaces, assessed value of $783,400, with no construction estimate given.
The West Site (1/2 block that NAPA sits on): A) The site is located in the Central Business District
and within reasonable distance to the Courthouse. B) Utilizing this site would displace seven
businesses and one household. C) None of the properties are historically significant, located within
a historic district, or designated as contributing. D) No analysis has been conducted regarding
acquisition, relocation, demolition or construction costs. E) 146 off-site parking spaces were
considered to be reasonably located with an additional 80 on-site parking spaces for a total of 226
parking spaces.
The Parking Inventory results for the west location were as follows: 10:00 a.m. on Monday there
were 164 occupied/62 vacant parking spaces, 12:00 noon on Wednesday there were 177 occupied/
49 vacant parking spaces, 3:30 p.m. on Friday there were 182 occupied/44 vacant parking spaces.
These numbers factor in the 72 occupied on-site parking spaces. Heuton showed a map depicting
the 450 foot parking radius with a 10,000 SF building footprint.
The summary of the west site is as follows: good proximity to the Courthouse, located in the
Central Business District, adequate lot size, no residential concerns, no historic properties,
displacement of one household and seven businesses, 80 on-site parking spaces and 146 off-site
parking spaces, assessed value of $607,300, with no construction estimate given.
Heuton noted with a 20,000 SF building on this site, there is zero setback on the south and very
little on the east. It would infringe somewhat on the existing parking lot. However, compared with
the southwest site, parking is more of a problem with this site.
In summary, the role of the Task Force was not to make a decision, but was rather a fact finding
mission to provide information to facilitate the decision making process. Without an architect or
engineer’s review, the task force felt they could not make a final determination to move the process
forward; they couldn’t give a complete recommendation. Heuton stated the task force is interested
in a project which would add to a government campus setting, enhancing the character of the
Central Business District area. There have been several projects which have taken place, such as the
Downtown Streetscape and the Children’s Museum, and adding to those would certainly be a
benefit.
The Task Force offered the following suggestions: 1) No matter what choice is made there will be
negative impacts. Households will be displaced. Businesses will be displaced. Historic Districts and
contributing properties will be impacted. The final action taken should be action which best serves
12
City Council Packet
October 13, 2009
the needs of the residents of the City of Brookings and Brookings County. 2) The County
Commission and the City Council need to determine if there is interest in co-location. If so, there
are four possible sites to consider: 1921 Building/5th Street Gym, the southwest site, the west site,
and the Senior Center site. 3) If a county-only facility is pursued, four options stand out:
Courthouse parking lot, south-west site, 5th Street Gym, and the 1921 Building. 4) The following
should weigh heavily in the decision making process: a) A location/facility which can best serve the
public. b) A location/facility which best meets the functional needs of County and City government.
c) The creation of a government campus setting and the ability to preserve and/or enhance the
character of the Central Business District. d) Total cost in terms of acquisition, construction or
reconstruction, and utilities in comparison to the useful life of the building and future maintenance
costs, as well as savings that may be created through the use of common spaces. e) The
displacement of households and businesses.
Of the various sites studied, a number were ruled out rather quickly, such as East and South of the
Courthouse. Interjecting more commercial activity within an established residential neighborhood
has a tendency to separate residential areas from the rest of the residential zone it is located in.
When that is done, things around them have a tendency to run down over time.
Council member Whaley commented the report focused on county-only and joint city/county
facility sites, and asked why nothing was included on city-only sites. Heuton stated this was
discussed, but no information was put in the study as the city-only preferred site is to expand to the
north of the existing City Hall. Whaley would like something included in the report in regards to the
city’s preferred location/expansion plans. Heuton stated he would do as such.
Commissioner Larson, on behalf of the county, extended a thank you to those who served on the
task force and special thanks to Al Heuton for his time and effort. Larson felt the committee
members brought an open mind and had some great discussion on each and every idea and potential
location.
Mayor Reed stated everyone will need to review the report in detail. He asked if there was value in
the city council discussing the interest of a joint-facility. If the County has a preferred location, he
would hate to have a long discussion only to find out as such, or a particular time frame was not
met.
Due to the large amount of information in the report, Commissioner Larson encouraged all to look
at and digest the information. Larson would like to know what the general feeling is, and if it makes
sense to have a combined facility. Larson clarified his use of the term ‘combined facility’ does not
mean the county and city combining offices, but rather county and city offices would be located in
the same building.
Commissioner Falken commented the county has been trying to solve space needs for several years,
and has been setting money aside in preparation. He feels the county’s space needs are more
pressing and they need to continue to work forward. If the possibility is there for a joint county/city
facility, it would be smart to find a large enough space now, whether the city is ready to build now or
20 years from now. The county could build first, and in the future the city could build something on
top of it or beside it to fit their needs. There are benefits of having both the county and the city
offices together, but questioned how far the city is in the process.
13
City Council Packet
October 13, 2009
Bartley stated they are in a sort of a conundrum, as in the 2020 Plan states in the year 2010 the joint
County/City law enforcement issue was to be addressed, and to date nothing has been done. The
current City Hall houses the City’s Police Dept., as well as the communications/dispatch office not
only for the City Police Dept., but the Sherriff’s Dept., Ambulance Service, Highway Patrol, Fire
Dept., and First Responders. If city administration offices were to move, the current City Hall could
become a joint law enforcement facility.
In regard to a city/county joint facility location, Bartley preferred the west site, as it has the least
impact. A portion of the property is owned by the city, and a new building would enhance that part
of downtown, complimenting the streetscape project, the Children’s Museum, the Library, and the
Active Generations Center. Whether the county could move to that facility on their own or not he
doesn’t know, but splitting the construction and acquisition costs would certainly be beneficial. The
issue is if the city council is interested in this; a decision needs to be made. Of the four suggested
sites, he asked if any are agreeable for a joint facility. The first thing needed from the city council is
commitment.
Commissioner Larson believes they will know soon what the general public’s reaction is to the city
and the county working together on a possible joint facility or if the county and city should remain
separate.
Commissioner Santema stated the current need is not law enforcement, but administrative. The law
enforcement center is okay right now; yes, there is need for improvement, but they are not bursting
at the seams. This issue was at the forefront years ago, and was pushed back. It seems like this is
the way it is done, to continually go back and forth between joining and staying separate.
Mayor Reed asked that a site neutral discussion on a joint county/city facility be placed on the next
council agenda.
Council member McClemans agreed a cost estimate is needed on a possible expansion to the north
of City Hall. The combination of a joint city/county facility may be fine, but it may be economical
to stay separate.
City Manager Weldon stated TSP’s Space Needs Study determined 10,000 SF was needed for city
administrative offices and another 10,000 SF for law enforcement. If the current City Hall could be
used with some remodeling and renovations and an adjacent addition built to the north, costs would
be around $200/SF, not including property acquisition or demolition. In expanding to the north,
there are a number of advantages: one property owner, a potentially willing seller, parking is not an
issue with the city-owned parking lot across the street, and the current building is not a contributing
or historically significant building.
Heuton explained the $200/SF figure. In October of 2007, TSP Architects provided a report stating
it would cost $3.9 million to build a 23,000 SF building on the county site; which equated to around
$178/SF. The $200/SF figure comes from taking that same $3.9 million and applying that to a
20,000 SF facility. The $200/SF is from a 2007 estimate, and may or may not be correct today.
Commissioner Falken questioned if the area to the north of City Hall was large enough for both
county and city offices and of the same size as the potential west site. Weldon responded it all
depends on how many floors you want to go up. Heuton clarified the committee kept potential sites
14
City Council Packet
October 13, 2009
East of Main Street to maintain county facilities closer to the Courthouse. However, it does not
mean it is not an option. Falken stated the county has looked at options, and passed a motion to
build new and on a specific spot and would like to move forward with RFPs. If there is interest in a
joint facility, being three blocks from the Courthouse isn’t a big concern, especially if property is
available to accommodate the needs.
City Manager Weldon likes the idea of one-stop shopping, but if city offices move, it would
segregate city operations from the Police Dept. Weldon prefers what is now, a combined Law
Enforcement and City Administrative Building in the current City Hall; to continue to use the tax-
payers investment, but then make improvements with an adjacent building. Part of what is timely
about this report, in light of the commissioner’s previous decision, is the option to hit the reset
button and take another look at the issue. That is what discussion is all about.
Mayor Reed stated this will be discussed at the next council meeting and will report to the
commissioners as to the council’s decision. The commissioners will then have to decide if they are
moving forward on their own or if a joint facility could be re-considered. The more honest the
commission is about that, the better off all will be.
In regards to a joint Law Enforcement Facility, Commissioner Falken stated there are two
completely different issues: 1) jail issue, and 2) staffing issue of law enforcement. There is a
purpose for having the jail close to the Courthouse and there’s a purpose for having the Sheriff
where the jail is. There are all kinds of options, but most of South Dakota’s facilities are run by the
Sheriff. Weldon stated the city is not interested in running the jail.
Mayor Reed stated the council will have to make a decision and communicate that to the County
Commission.
Swiftel Center: County Resource Center Space. Weldon stated the city would like to acquire the
County Resource Center space at the Swiftel Center. This would improve operations in terms of
office and storage layout and possibly some improvements in the kitchen area. There is the
possibility of moving the County Resource Center elsewhere, such as the YES Center if successful in
being built, or the vacant space at the R&T Center. The feasibility of the R&T Center would have
to be researched. The City would offer that and whatever financial arrangements can be worked
out, whether it is a square footage trade or whether the City buys out the County’s square footage
area, as the County has an investment in that facility for that specific amount of square footage, or
look at some sort of lease arrangement regarding the R&T Center space. The reason for raising the
question was to see if there’s a level of interest in doing this. There are more and more situations
and challenges with non-compatible uses going on at the same time between the Swiftel Center
activities and activities in the conference rooms at the County Resource Center. It is proving
detrimental in some cases to both sides. As the building becomes more popular for both types of
uses, we’d like to minimize those before they get any worse.
Commissioner Larson stated this has been a topic of discussion for quite some time as the city’s
need for expansion was made known. The county has issues to overcome as far as if the Resource
Center is not in the R&T Center, where would it be and what is the future of the YES Center and
are we a part of that; there are some exciting things happening, but anytime something like this
comes up, we need to sit down and talk about it.
15
City Council Packet
October 13, 2009
Commissioner Santema asked how much space is in the R&T Center. Weldon estimated the county
wouldn’t need the entire building, and the building is easily sectioned off providing space for
multiple tenants. Mike Struck, Community Development Director, stated the R&T Building is
26,000 square feet; 2,800 square feet is currently vacant with another 4,200 square feet becoming
vacant this winter. Weldon questioned the amount of space the County Resource Center occupies.
The R&T Center would provide closer parking, easier access and good visibility for the County
Resource Center. Weldon wants to know the County’s level of interest prior to gathering the data
needed to determine if the R&T Center is a viable location for the County Resource Center.
Commissioner Falken personally would like to look at the R&T Center. Several things need to be
considered; the amount of office space, meeting rooms, Extension Service needs, County Weed
Dept. needs, staff needs, use of the Swiftel Center for Brookings County Achievement Days, etc.
Due to the level of interest, Commissioner Falken sees a need for discussion with the users of the
County Resource Center.
Mayor Reed asked if the Commission would be open to discussions and taking a closer look.
Commissioner Negstad wants to be certain there is equal space. She would also like to evaluate
what the space needs are, what type of remodeling would be done and the associated costs, and the
compensation the county would get for the building the county built.
Commissioner Larson asked the Council gather the information and come talk to the Commission
again.
Mayor Reed asked this be put on a future council agenda for further discussion.
34th Ave./20th St. Improvement Project. Weldon shared a group/task force led by Dr.
Kurtenbach have put together an informational brochure describing the project to be used as a
lobbying tool in search of some state and/or federal funding for this project.
Commissioner Larson stated the county and the city are partners and will have to work closely to try
to get it funded. He sees this as one of the most important projects in the community right now. If
one comes to Brookings at the wrong time, there are trucks lined up the entire length of the I-29
off-ramp wanting to get onto 6th Street. There is no such project talked about with as much life and
death associated with it as this one.
Mayor Reed noted any time he has talked to the federal delegation about this, they have been very
impressed the county, city, townships, and business groups are working together on this project. He
would like to see this project funded with STIP funds.
The city has developed the first stretch of this road (34th Ave. between Highway 14/6th Street and
Highway 14 Bypass). Commissioner Falken expressed concerns regarding street size: 4-lane or 3-
lane…nothing has been determined. This needs to be decided prior to establishing cost.
City Manager Weldon agreed with Commissioner Falken; it is key to know what kind of adjacent
land use development is expected to occur, because that will determine what kind of demand will be
put on the transportation system and whether a 3-lane or a 5-lane with curb and gutter or ditches
will best meet the needs of the development density. Mike Struck, Community Development
Director, is working on a Comprehensive Master Plan for the east side of the community as a
16
City Council Packet
October 13, 2009
component of the 2020 Plan; looking more specifically at 34th Ave., the Wiese Business Park, the
SDDOT property, wetlands areas, and everything that will partake. The design of the road will be
an engineering question to be resolved and would be included in the cost figure. The further south
one goes, the road capacity could be lessened as it would be expected to carry less traffic.
Rail Authority Update. Mike Struck, Community Development Director, stated the county and
city have appointed their members, leaving each body to appoint a member-at-large. Once those
appointments are made, the Authority can begin by adopting By-Laws. The county had advertised
for interested citizens to apply. The city will be doing a notice soon.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A motion was made by Whaley, seconded by Bezdichek, to approve the consent
agenda:
A. Action to approve the agenda.
B. Action to approve the August 11 and August 25 Council Meeting minutes.
C. Action on Resolution No. 81-09, declaring items surplus.
Resolution No. 81-09
Appraising and Authorizing Sale of Surplus Property
Whereas, the City of Brookings has surplus items as listed in a Notice of Sale that are no
longer necessary or useful for City purposes, and it is the desire of the City to dispose of
same as surplus property;
Now, Therefore, Be It Resolved, that all the attached listed property declared surplus by the
City Council.
Further Be It Resolved by the City Council that the property be offered for sale at public
auction on September 26, 2009.
2009 CITY OF BROOKINGS FINAL SURPLUS LIST. AIRPORT. 1990 L8000 Dump truck with
sidewing (Blown engine – does not run), 4 used pay loader tires size 20.5 – 25, 18 – 4’Flourescent
light fixtures; ENGINEERING DEPT. 1996 Lumina sedan (3.1 liter SFI V6 engine, automatic
transmission with overdrive, front wheel drive, power steering, granite gray color with medium gray
cloth interior, 4-wheel independent suspension, air conditioning, AM/FM stereo, VIN #
2G1WL52M4T9203183 **transmission needs repair**), 2006 Ford Crown Victoria
VIN#2FAFP71W26X155036, automatic transmission with overdrive, rear wheel drive, power
steering/locks/windows, cloth front seats, leather back seats, AC, heat is stuck ‘on’ – can’t shut it off,
electric drivers seat, 101,779 miles), 3 file cabinets, 2 plastic disc holders, Sam Sung SF-5100 fax
machine, Motorola radio and charger MT-100, key board, 2 paper trays, keyboard desk extension,
computer monitor glare guard, 2 measuring wheels (inaccurate), 15½” x 17½” table with two 9”
drop leafs (on wheels), 35 metal folding chairs with right hand drop-desk-top on the side and chair
rack, empty rack for folding chairs; FINANCE DEPT./CITY IT DEPT. Xerox Phaser 7300 color laser
printer with supplies – supplies include the following: toner (2-black, 1-yellow, 1-blue, 2-red),
Imaging Units (2-black, 1-yellow, 2-blue, 1-red), 1 Fuser, 1 Transfer Unit;
FIRE DEPT. Samsung SF-560 Fax Machine, 3 12x12 Overhead Garage Doors & Openers, HP Inkjet
Printer, SF-2025 Sharp Copier SN# 86500282, Overhead cabinet Add-a-Stack File Tier, Pentax
K1000 35 mm Camera, Canon 35 mm Camera, Thyristar Flash Unit for 35 mm Camera, Tamron –
8-210 mm Telephoto Lens; LIBRARY . 5 Clocks, Book drop cart, Microfilm cabinet, Metal desk, 3
Phones, Rolling tote, Postage scale, 2 Tents, Floor mats, 2 Space heaters, Florescent Light fixture
(48” x 48”), Round low table, Computer cart, Screen, Folding table, Antique wooden desk,
17
City Council Packet
October 13, 2009
Typewriters, AV Cart, Tree stand, Filmstrip projector & case, Office chair, 5 foot long wall-mounted
coat rack; PARKS, RECREATION & FORESTRY. 1985 Dodge Caravan, 1989 Ford Zip Boom
(operable, failed safety inspections, needs repair), 1955 1 ½ ton Ford Water Truck, 1983 IHC
Snorkel 65’ (needs repair), 1988 Cushman (needs repair), Grazer Riding Mower (motor bad), HGP
Snowblower (48” 3-point hitch mount, working condition), Paver Bricks (approx. 2,500 used), Misc.
tables & chairs; POLICE DEPT. Sony Handy Cam Vision 8mm CCD-TRV318 NTSC 560X Dig
Zoom (Serial #148687, 548960, 520370, 549026), Sony Handy Cam Vision CCD-TRV87 NTSC
360X Dig Zoom (Serial #250050, 258265, 89147, 89181), AirDyne exercise bike, Nordic Trac
exercise unit, 1963 Volkswagon (26,070 on odometer, VIN#5603131), Misc. dark room equipment,
8 “BATA” bus seats, 2 orange arm chairs, Misc. obsolete radio equipment, Enclosed cargo trailer w/
tandem axle, bow hitch, and rear door (approximately: 15’L x 8’W x 7’H), BIKES: Black Trek
(TOK5631), Green Trek (TBI-0415C29A7712), Black Roadmaster, Purple Trek (I15067373),
Red/Black Quasar (MC 01M04Y), Red Schwinn (SNFXD07L56851), Red Velvo (TOY 0198-HC),
Purple/Black Next (8548-42-WAL), Purple Huffy ()L99D00967), Red Roadmaster (F00364087),
Black Huffy (K8262890858SSF9254), Blue/Silver Mongoose, Black Free Spirit, Blue Roadmaster
(FSD08JE), Blue Alpine (RR9103233), Orange Mongoose (SNFSD08C54557), Purple/Silver Vertical
(02TB8146409), Red Quasar (MC06MC04Y), Blue/Purple Roadmaster (R3517WMPT), Purple Next
(LWHC041412), Purple Huffy (46636-904710F), Gray Murray (79993X92), Maroon Huffy (56031K),
Gray Magna, Blue Roadmaster (SNFSD64F62350), Blue Roadmaster, White Next (DM07B2984),
Red Huffy (966889099814F0045), Green Next (600655 080BG), Red Sears, Black/Blue Huffy
(865049214421H0885), Red Huffy (365369193712F8144), Blue Rand (C980315351), Pink Next
(8575-83C), Blue Roadmaster (SNFSD08F03956), Blue Next (LWFG0138820), Purple Roadmaster
(SNFSD08AD1748), Blue Roadmaster (RM30968612), Murray, Green Huffy (265059218613F98),
Green/Blue Huffy (B00E023940), Purple Murray (M050784932), GreenWhite Schwinn
(POBM27395), Blue Roadmaster (SNFSD04K16108), Blue Huffy (SNHEE05F53514), Silver
Citation (MOP0059172), Blue Schwinn (CSC2126971), Green/Silver Next (B021D0066133), Blue
Trek (TBI1380), Blue Escape (1WDI116637), Black Schwinn (53D06629), Green Free Spirit
(809MA27790), Blue Roadmaster (SNFSD08E8979), Purple Next (69261142), Purple/Black Next
(99TD330891), Blue Schwinn (FG118443), Black Outpost, Gray Trek (WTU072C2183B),
Yellow/Black Next (8568-49-20680423); SOLID WASTE / LANDFILL. Solid Waste Collection (612):
5 3-cu.-yard dumpsters, 5 2-cu.-yard dumpsters, 5 11/2-cu.-yard dumpsters, Tire 425/65 R 22.5.
Solid Waste Disposal (625): 1976 International 5 yard dump truck (Asset Number 53) VIN#
D0512FHA13170; 1977 International 1600 flat bed truck (Asset Number 65) VIN#
D0512GHA19309, 6 Loader Tires 20.5 x R25, 5 Motor Grader Tires 14.00 x 24.00; STREET DEPT.
1971 Dodge Flusher Chassis with ROSCO Truck Flusher Body, Serial #M81HM1J310991 (chassis
SN); SWIFTEL CENTER 5’ Wood table, Miscellaneous tarps, Extension cord rack, Lockers, Bleacher
plywood, Swiftel Communications kiosk, Pressure washer (does not work), Used rolled roofing,
Hose with reel, Shop vac, Computer power cords, 2 phones, 3 cash drawers, Staple gun, Adding
machine with paper, CD Burner, Power plunger, Brother fax machine, Radio/boom box, 7
keyboards, 3 56k modems, Router, 3 sets computer speakers, 3 computer mouse, 2 console computer
monitors, Coffee cup lids, 2 laptop docking stations, Compaq Armada laptop, Sonic firewall, Misc.
Microsoft Office software, Misc. Computer cords, 2 soap dispensers, 2 cup holders, 10 Norton
Antivirus software, Landscape edging, 2 flat panel monitors (do not work), 2 electronic eye batteries,
Office chair, Stool, Garden hose, 2 Extension cords on reels, HP Laser printer, Epson printer,
Colored light bulbs, Message board, Computer hard drive, Misc. wiring, 2 load straps, Computer
desk drawer, Computer keyboard tray, 2 bleacher wheels, Display rack, Reznor thermostat and
variable speed control
D. Action on bids for snow removal. The following bids were awarded: Three (3) Blades
with wings: Bowes Construction be awarded bids on their motor graders with hourly rates
of $145.00 (with chains) and $135.00 (no chains). One (1) 3- to 6-Yard Loader: Bowes
18
City Council Packet
October 13, 2009
Construction be awarded the bid on their 5-cubic yard loader with an hourly rate of $140.00.
One (1) Loader with Reversible Blade: Prunty Construction be awarded the bid on their
JD624J reversible plow with an hourly rate of $156.00. Twelve (12) End-Dump Trucks:
Prussman Contracting, Inc. #20, #21, #22, #23 for $110.00, Bowes Construction, Inc.
#T23, #T24, #T6 for $90.00, GCC Ready Mix #5050 & #5060 for $125.00, Prunty
Construction Co., Inc. #28 & #29 for $95.00. Not awarded – Bowes for 2 loaders @
$140/hour. Bids were opened on 9/1/09.
E. Action on Resolution No. 82-09, approving the project plan for Tax Increment
District Number Three (TID #3).
Resolution No. 82-09 - Tax Increment Plan #3
Whereas, the Brookings Planning Commission has recommended the approval of the Tax
Increment Plan, Tax Incremental District Number Three; and
Whereas, the City Council finds that all requirements have been met in order to approve said
Tax Increment Plan.
Now Therefore, Be It Resolved by the City Council
1) Approval of Project Plan. The project plan, a copy of which is on file with the City
Finance Officer, hereby approved.
2) Findings. The City Council finds that the project plan is feasible and that it conforms to
the City’s master plan. All findings made in the tax increment plan are included herein
by reference.
F. Action on Resolution No. 83-09, approving the project plan for Tax Increment
District Number Three (TID #4).
Resolution No. 83-09 - Tax Increment Plan #4
Whereas, the Brookings Planning Commission has recommended the approval of the Tax
Increment Plan, Tax Incremental District Number Four; and
Whereas, the City Council finds that all requirements have been met in order to approve said
Tax Increment Plan.
Now Therefore, Be It Resolved by the City Council
1) Approval of Project Plan. The project plan, a copy of which is on file with the City
Finance Officer, hereby approved.
2) Findings. The City Council finds that the project plan is feasible and that it conforms to
the City’s master plan. All findings made in the tax increment plan are included herein
by reference.
G. Action on Resolution No. 84-09, Authorizing Change Order No. 2 (CCO#2) for 2008-
02STA 15th Street South, Christine Avenue and Camelot Drive Assessment Project,
Winter Brothers Underground, Inc.
Resolution No. 84-09
A Resolution Authorizing Change Order No. 2 (CCO#2) for 2008-02STA 15th Street South,
Christine Avenue and Camelot Drive Assessment Project
Winter Brothers Underground, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2008-
02STA 15th Street South, Christine Avenue and Camelot Drive Assessment Project:
19
City Council Packet
October 13, 2009
Construction Change Order Number 2 - Additional unclassified excavation, gravel base
course and subgrade fabric for the intersections of Christine Avenue and Camelot Drive at
15th Street South and water valve repair for a total increase of $2,730.00.
H. Action on Resolution No. 85-09, Authorizing Final Change Order (CCO#1 Final) for
2008-10SSI Timberline Detention Pond Project, Bowes Construction Inc.
Resolution No. 85-09
A Resolution Authorizing Final Change Order (CCO#1 Final) For 2008-10SSI
Timberline Detention Pond Project - Bowes Construction Inc., Brookings, SD
Be It Resolved by the City Council that the following change order be allowed for 2008-
10SSI, Timberline Detention Pond Project: Construction Change Order Number 1 Final -
Adjust estimated bid quantities to “as build” quantities for a total increase of $1,428.58.
Adjust completion date to August 14, 2009.
On the motion, all present voted yes; motion carried.
2008 Financial Report Presentation. Dick Ellis, Wohlenberg Ritzman & Co. LLC., presented the 2008
City of Brookings Audit to the Council. Ellis stated the auditors function is to offer an opinion on the
financial statements of the city. No deficiencies in internal controls or on the compliance end were
found. Weldon asked if there were any key items which serve as an indicator of a city’s financial
health. Ellis emphasized Net Assets, and changes in Net Assets is a key indicator; there was a 13%
increase in 2007 and a 12% increase in 2008. Weldon mentioned components of BMU and the
Hospital were incorporated into this analysis for accounting purposes.
City Manager’s Amendment Recommendation for Second Reading of the Budget
Ordinance. City Manager Jeff Weldon submitted the following recommendations to the City
Council for their consideration. “Pursuant to your direction from the last council meeting, the following is
my recommendation for additional cuts to the proposed budget for operations in the general fund. Such cuts
were directed by the Council to limit the budget increase to two percent (2%); or a reduction of 1.3 percent
from my proposal. This aggregate amount of these supplemental additional budgetary reductions is $145,375.
Our suggested process is to proceed with the first reading of the budget ordinance at this meeting as
originally presented. At second reading, we can consider any amendment prior to final adoption. I
wanted to give you my recommendation for supplemental cuts to the ordinance in advance of
second reading so you have an opportunity to review and comment on my recommended
amendment prior to consideration of second reading.Attached is a finance sheet itemizing aggregate
cuts that meet the $145,375 target amount. The following is a summary of the attached sheet.”
Regular Pay ($26,088): Reduce the additional full-time Forestry position to one-half year. The
position would be effective July instead of January.
Temporary Pay ($27,600): Eliminate school crossing guards for August-December. We would
complete the current school year but would turn this service over to the school district for the 2010-
2011 school year. Also eliminates the Safety Town program for one year. Reduce temporary pay
for the Fire Department on truck and building maintenance and reduce temporary pay for the
Library. Also eliminates the operational subsidy of $4000 each for the Swim Club and Friends of
Baseball in the Recreation budget that pays their coaches.
20
City Council Packet
October 13, 2009
Travel-Lodging-Registration-Training ($15,225): Reduce NCL conference attendance for the
Council by $10,000 and eliminate NLC Conference attendance for the City Manager for a savings of
$4850. Reduce general expense of travel and training for the City Attorney by $375.
Printing-Publishing ($6,000): Reduce publishing City Council minutes in the official newspaper by
modifying our meeting minutes process so they are more condensed. With the technological
advancement of our video televised meetings and the coming Granicus software system, we can
have abbreviated detail of minutes in the newspaper. The video record system will be much more
accurate than the written record.
Capital ($15,967): Reduce Community Development auto replacement by $12,000 for Code
Enforcement as we purchased a surplus vehicle from Brookings County. Realize savings of $3967
in engineering technology by splitting the equipment cost with an additional partner.
Other operating ($33,935): The architectural contract for design of the new front entrance to City
Hall to make it ADA accessible was $5000 less than we budgeted. Eliminates our $5000 set-aside
for local match needed for any grant applications; eliminates the City Manager’s contingency account
of $10,000; reduces the volunteer recognition expenses by $2,150; and reduces the operating
contingency by $11,785.
Subsidies ($20,560): This reduces general fund subsidies by five percent: Community Cultural
Center (-$1,050.00), Community Band (-$400), SDSU Safe Ride (-$250), BATA (-$3,000), ECMH (-
$750), Christmas Decorations (-$1,000), School District Subsidy (-$10,360), Boys & Girls Club
Subsidy (-$3,750).
Weldon stated at the last council meeting, staff was directed to identify supplemental cuts from
general funds in terms of operations and personnel. Weldon presented the series of cuts that meets
the target goal of limiting the budget increase to 2% (a reduction of 1.3% from the original proposal,
which translates to $145,375).
These were difficult recommendations to make. They are not large cuts, but in the overall scope of
the budget are difficult to make as these are important issues that are possibly eliminated from the
budget. This is part of the requirement of living within our means, and if we don’t have the revenue
to meet the means, then we have obligations to bring a budget in line that does that. This is truly an
exercise in shared pain and balance, and it doesn’t make a lot of sense for city departments to have
their level of service compromised, but still not affect several of the organizations the city gives
money to.
The proposed cuts amount to $145,000. Whaley expressed concerns with the proposed cuts: what
about training for the forestry position if they start in July versus January, eliminate School Crossing
Guards and Safety Town – these provide for and teach safety to children, the Swim Club and
Friends of Baseball subsidies, the Temporary Library Pay, etc. Many of these things are for the kids
of Brookings. To limit the number of council members attending national meetings and
conventions and the City Manager not attending at all…this is where we go to learn. She strongly
feels the budget should remain as is.
21
City Council Packet
October 13, 2009
Reed stated the budget is balanced with monies from Second Penny Funds. This decreases what can
be spent on investments such as the PAC or the airport. His concern is that when expenses grow
and capital lags, there isn’t much left to invest.
Bartley stated the 75/25 Second Penny Ordinance was put into place by the State Legislature a
number of years ago. The Legislature seems to want to change this, allowing a city council to
determine what operational or capital expenses are in need of Second Penny Funds. This system
doesn’t work. While there will be some money for investments, there won’t be money for the
investment in our community and our staff, and all the things that make this growing community
succeed. He would like to see a future discussion on the 75/25 Second Penny Ordinance, but not
so far out as the next council retreat. We cannot afford to continue to cut expenses. The Brookings
community doesn’t need to suffer in order to put some things forward. For example, what good is
it to invest in the PAC if we have unmaintained streets, etc. If we need to eliminate the 75/25 or
change the percentage, or use the entire second penny, that flexibility is needed. If revenues run
short in 2010, we can make a budget amendment at that time, not now. If something is eliminated
this year, it will be easier to eliminate it again next year. The budget is flatlined and adequate the way
it is. It would be hard for him to support any of the proposed cuts.
Reed stated the city has seen a 3% growth for several years. There needs to be discussion on the use
of Second Penny Funds. The SD Municipal League is asking, and will be discussed at the next
council meeting, to support the possibility of a third penny. There would be some limitations in
regards to using for a project, but that was what the second penny was for.
Bezdichek understands as Mayor, Reed’s fiscal responsibilities are taking a look at the budget. We
do not know what those numbers are going to be in the future, but he believes the city will be better
off. As a council member, he has no problem spending the Second Penny Funds. The citizens of
Brookings don’t deserve these cuts. Brookings is thriving and this is not worth the pain.
Kubal asked if they are looking at something which is more cosmetic than reality to give the
impression the city is saving money which can be afforded to spend if there’s confidence looking
down the road. We either keep the $145,375 in the budget or take it out.
Reed, being the original one making the proposal, was hoping the cuts would be more. Maybe it is
cosmetic. It brought up the discussion about Second Penny Funds, which is where his concern lies.
He has been bothered by the fact the city has never transferred money from Second Penny Funds
into the General Fund before. Some good ideas have come forward to save money. Any time in a
down revenue situation, one must continue to invest.
Weldon made a visual point with a recently published set of city council minutes in the Brookings
Register which cost $992. Changing how the minutes are done provides an opportunity to save
some tax dollars. Through the advent of technology, a better job of government openness is had.
Reed questioned if only the basics would be published. Weldon stated yes, as an abbreviated/
condensed version of the same meeting.
McClemans stated much of this is cosmetic. The 75/25 Second Penny Ordinance gives guidance.
His interest here is to see what is going to be done with the 75/25 Second Penny Ordinance; it
would be easy to roll it back to 70/30. He is not comfortable with these cosmetic cuts as they don’t
22
City Council Packet
October 13, 2009
really do anything. He will not be supporting these cuts, but at the same doesn’t know how to keep
from spending.
Bartley stressed the council needs to be cognizant of the fact Brookings is a growing community.
There is an increased need for services provided by the city, from the Park & Rec Programs to Street
maintenance. The Street Dept. saved between $80,000-$90,000 by using pearock instead of granite
for the chip seal project, by their own decision and not the council’s - - that is half the amount trying
to be cut. The impact of this change on the community upset some people primarily due to the
dust; people notice reductions in services. So, as a growing community, do we start cutting in those
areas in order to save some money or do we continue to provide the services people expect. He
would like to have discussion on the 75/25 Second Penny Ordinance at a future council meeting,
preferably before the next budget process. Brookings is known for its quality of life. He wants to
maintain the city, its services and its staff, and doesn’t want Brookings to turn into a dumpy town
with reductions in services.
McClemans stated most communities don’t have the BMU, Landfill, and Liquor Store transfers such
as Brookings. We manage to consume it all where most towns get by with their property tax and
their sales tax.
Reed stated that too is his concern. If the 75/25 was changed to 70/30, and we got to a point where
projects can’t be done, a third penny tax would have to be enacted. Discussion is needed on
whether we can raise our own taxes, but he doesn’t know if he wants to go there. Need to look at
where cuts can be made. The question is if we want to transfer $691,000 in for capital. Weldon
stated that is transferring money in to pay for items restricted by ordinance that comes from one of
the various revenue streams. First penny pays for operations, 25% of second penny pays for
equipment and streets, and 75% of second penny is for public improvements. Reed stated these are
items we would have paid for previously out of the general fund. He doesn’t disagree with where
the money is being used, but rather the idea of Second Penny Funds being used to balance the
budget.
Reed would like to see some cuts continued to be worked at such as publishing costs. Weldon
stated he asked for direction at the last meeting and was told to make the cuts. He did that. He did
think of cutting Mosquito Control because the Governor has cut that program. It would have been
an easy cut to make if it were not for the problem of West Nile and a public health issue. With the
help of staff, he tried to offer opportunities to get to the goal of $145,000 with the minimal amount
of pain to our services and yet everybody sharing a little bit. In looking at the capital budget, it isn’t
going to get any better. Brookings has good fortune with the benefit of a lot of transfers; many
communities don’t have what Brookings has. If those transfers didn’t exist, we wouldn’t have the
Larson Ice Center, the Aquatic Park, we wouldn’t be able to finance the Innovation Campus, and we
wouldn’t be doing some things we are doing. These are all things that set Brookings apart as a
community. If it weren’t for these, the city wouldn’t have been able to support the debt service for
$6 million for the PAC I project, or even be considering the 34th Ave./20th Street Project. No
matter how much money there is, an unlimited list exist with needs to spend it on. Thanks to
conservative budgeting reserves were built.
Bezdichek stated Mayor Reed has done the job of making a point and a point well taken. It has
made every council member give some thought. Citizens of Brookings need to realize there are so
many things done here that are taken for granted: tree trimming, crossing guards, etc. Every one of
23
City Council Packet
October 13, 2009
these things costs money. His point; we have to truly believe we accomplished what the Mayor
asked us to do; realize we spend a lot of money on the citizens and the children of Brookings to give
them the quality of life they need. Between Rita Thompson and Jeff Weldon, they know it is a lean
budget and will do what they can to cut it. We have accomplished something other than just cutting
the budget.
1st Reading – Ordinance No. 21-09. A first reading was held on Ordinance No. 21-09, an
Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of
Brookings for the 2010 Fiscal Year and providing for the annual tax levy and annual tax for all
funds. Public Hearing: September 22nd
1st Reading – Ordinance No. 22-09. A first reading as held on Ordinance No.2 2-09, an
Ordinance pertaining to an application for a Conditional Use for a taller broadcast tower height in
the Business B-2A District (tower height of 90 feet on Lot 6, Block 1, Insbrook Park Addition, also
known as 227 22nd Ave.). Public Hearing: September 22nd
TABLED 2nd Reading – Ordinance No. 17-09. A motion was made by McClemans, seconded by
Kubal, to remove the item from the table. All present voted yes; motion carried.
Council Discussion: Weldon stated this gives a modification to include taxi cab owner’s license as being subject to
revocation just as a driver’s license for a taxi cab is. The discussion that led to the tabling was a question brought up
relative to the impact on limousine service. Staff did some research on other first class cities and it was determined that
several cities do not license limousine or bus services, or they are licensed the same as a taxi cab service.
Britzman stated the ordinance lacked a definition of taxicabs, which has been added. Limousines are certainly vehicles
for hire. It is a policy decision whether it is worth the effort to regulate limousines in addition to taxicabs.
Reed shared his concerns of someone getting a stretch car and giving rides home from downtown for a fee. He asked
Chief Miller if this was a concern. Chief Miller stated it is, but the other issue is they are transient in nature. There
are limousine services from other communities that pull into Brookings and doesn’t know what controls we would have
over other limousine services from outside of Brookings that come into Brookings. Weldon stated it would have to be
similar to a transient merchant license in that regard. Bartley asked if there were any limousine services based out of
Brookings. Chief Miller knows of two. Bartley asked as Sioux Falls licenses all vehicles for hire, if there was any
reason we wouldn’t want to look at that with ‘all vehicles for hire’ instead of specifying taxicab or limousine. Miller
said that could be taken into consideration and control the services being offered within our city.
Kubal asked for clarification that the discussion is regarding licensing the taxi as a business, and not the operator.
Britzman responded we are also interested in who is driving those vehicles. There is a mechanism in the licensing
process for staff to review who is driving the vehicles.
Bartley questioned if they were subject to state regulation as far as the class of license they have to drive a limousine or a
vehicle for hire such as a commercial license or a chauffeurs license. Britzman couldn’t’ answer. McClemans believes
the council has a responsibility, in regards to liability, to regulate what is being operated and by whom.
Bartley knows there is EZ Cab whose base is out of Brookings and would end up being exempt. How would you
regulate it? Britzman stated if they are operating in the city, they would have to have a license here. If picking up
people for a fare in Brookings, they are subject to our licensing procedure.
24
City Council Packet
October 13, 2009
Bartley asked if we would have the same concern if a Sioux Falls limousine service came to Brookings to take people
to the casino. Britzman expects it would be under this ordinance.
Bartley asked if there was interest to change this to vehicles for hire. We don’t inspect any vehicles now and is that a
burden we want to put on the Police Dept. Britzman clarified the focus is on the drivers and owners. Reed asked if it
would be possible to put in the ordinance if licensed from another municipality, they don’t have to be licensed here.
Britzman stated that would be feasible.
Kubal stated this is getting too complicated. We don’t need to look at a vehicle coming into the city and leaving
thereafter. Keep it simple.
AMENDMENT: A motion was made by Reed, seconded by Bezdichek to amend the main motion
to include the following changes proposed by the City Attorney: Sec. 26-181. Definitions. The
following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning: Limousine means a full-size motor vehicle (automobile)
with an extended wheel base and which has a passenger compartment that can be sealed from the driver’s compartment,
with a seating capacity of at least six persons, not including the driver, not traveling any definite or prescribed route,
and operated by a driver. Operator means a person engaged in business as an operator of a taxicab. Taxicab means
a motor vehicle for carrying passengers, with a seating capacity for seven persons or less, not including the driver, not
traveling any definite or prescribed route, operated by a driver, and carrying or accepting passengers for hire, but shall
not include funeral cars, limousines, buses or ambulances. Vehicle for hire means any taxicab licensed under this
chapter, but excluding bus or motorbus, wheelchair transport and limousine.
All present voted yes; motion carried to amend.
FINAL: On the main motion made by Bartley/Kubal from August 25th, as amended, all present
voted yes; motion carried.
2nd Reading – Ordinance No. 19-09. A motion was made by Bezdichek, seconded by McClemans,
to approve Ordinance No. 19-09, an Ordinance Clarifying Open Burning and Creating
Requirements for Recreational Fires in the City of Brookings, South Dakota.
Council Discussion: Bartley asked Darrell Hartmann, Fire Chief, about the location of a fire pit, as many are put
on decks, and under this ordinance that would no longer be allowed. Hartmann stated fire pits are combustible and
should never be placed on decks. Bartley stated many of these rules are easy to spot and enforce, but asked Chief
Hartmann to define nearby (e.g. the smoke is offensive to nearby neighbors), odor, and offensive, in responding to a fire.
Hartmann stated if someone complained and noncompliant materials were being burned, it is an annoyance to the
neighbor. This shouldn’t be an issue if allowable materials are being burned; manufactured timber or actual log
burning. Dimensional lumber fires set off sparks and is one reason why it and other burnable materials have been
banned. It only takes one person to not like it and we need to provide for that persons well being too.
Jeff Miller, Police Chief, compared this to a disturbing the peace call. It is considered subjective; they must confirm it
themselves first before they talk to or site anyone. Bartley wants some sense of enforcement cohesion. Chief Hartmann
has put together a 2-part checklist-type form which follows the regulations set forth in the ordinance. He will share this
with the City Manager and the Police Dept. once this Ordinance is passed. It is a 2-part form where the Police or
Fire Dept. would maintain a copy as well as the individual providing for some follow-up on these offenses. Yes, some
things will be subjective, but they will work together to maintain consistency.
All present voted yes; motion carried.
25
City Council Packet
October 13, 2009
Public Hearing – Ordinance No. 20-09. A public hearing was held on Ordinance No. 20-09, an
Ordinance pertaining to an Application for a Conditional Use for a Church in the Business B-2
District. A motion was made by Whaley, seconded by McClemans, to approve. All present voted
yes; motion carried.
Council Topics. McClemans would like to have discussion about participation in second penny
projects at SDSU on a future agenda. Weldon stated this will be on the agenda once the airport
issue is resolved.
Whaley asked where the city is in the process of the new restaurant liquor licenses and if we are
going to be able to issue them or not. Weldon stated there is a hearing in court on September 21st
and will know more after that. This will be placed on the next council agenda.
Adjourn. A motion was made by Bartley, seconded by McClemans, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:24 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
26
City Council Packet
October 13, 2009
CONSENT AGENDA #4
C. Action on an appointment to the Human Rights Committee.
Mayor Tim Reed is recommending the appointment of Dr. Chandradhar Dwivedi to the
Human Rights Committee (Term to begin 10/13/09 through 1/1/2012).
Purpose
The Human Rights Committee has the power to investigate alleging discrimination.
Other programs include:
• The study of the existence, character, causes and extent of discrimination in
employment, housing and public accommodations, property rights, education
and public services.
• Advise and provide a forum for those subjected to unfair and discriminatory
practices in the City and County.
• Advise City officials concerning issues of discrimination.
• Conducting educational programs and disseminates information to further the
committee’s policy to eliminate discrimination in the city.
Membership
Membership: 10 (9 City, 1 County)
Term: 3 years (1 year term for student position)
Residency: Not Required
Appointment: January 1
Legal Reference: Brookings City Code of Ordinances Chapter 2, Article V,
Division 2, Section 2-141 thru 2-147, Ordinance No. 2-93, Ordinance
No. 18-92, Ordinance No. 24-91, Ordinance No. 02-90, Ordinance
No. 28-84, Resolution No. 65-92
27
City Council Packet
October 13, 2009
CONSENT AGENDA #4
D. Action to approve Fire Mutual Aide Agreements.
Enclosed for City Council review and action are three (3) separate mutual aid agreements.
These are standing agreements already in place up for renewal on January 1, 2010. The
purpose of the agreements is to establish the best and quickest response to emergency
situations to provide the best coverage for the citizens of Brookings County. As stated in all
three forms: “Each party agrees to hold each other party harmless from any and all claims
for liability, including attorneys’ fees arising out of any services furnished under this
agreement, and for bodily injury or property damages arising out of services furnished under
this agreement” and “No party shall be reimbursed by any other party for any costs incurred
pursuant to this agreement.” All three agreements shall commence on January 1, 2010 and
expire on January 1, 2020.
The “Agreement for Mutual Aid Services” is a standard format that allows and provides for
mutual aid between the Brookings County Firefighter’s Association Departments.
The “Agreement for Dual Response Mutual Aid Services” is a standard format and was
designed due to White and Bruce being in closer proximity than Brookings in the Brookings
Fire Department’s response area. Upon an emergency call, within the agreed upon area,
both Brookings and one of the other departments would be sent automatically. This will
provide a better emergency service response by having a faster on-scene time for the citizens
of Brookings County.
The “Agreement for Countywide Automatic Mutual Aid Services” is a standard format that
will allow and provide for an automatic tanker shuttle response to any structure fire in the
county. As indicated in the agreement, upon any department receiving a structure fire call in
the county, outside of their respective municipality, one (1) tanker from each of the other
departments will automatically be sent to provide a constant water supply in the rural setting.
The long-range effect of this agreement will help lower the county ISO (Insurance Service
Office) rating from a nine (9), which it has currently, to an approximate six (6), which would
significantly lower insurance premiums for most in the rural areas of Brookings County.
28
City Council Packet
October 13, 2009
AGREEMENT FOR MUTUAL AID SERVICES
Agreement made January 1, 2010, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set out
herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties, the benefits
of mutual aid emergency response coverage for the protection of life and property from hazardous
materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon request by one of the parties (the requesting organization), any other party (the responding
organization) shall dispatch firefighting equipment and personnel to any point within the area for
which the requesting organization normally provides fire protection.
SECTION THREE
1. Requesting Organization
a. Any request for aid from an authorized official shall include a statement of the
amount and type of equipment and number of personnel requested, and it shall
specify the location to which the equipment and personnel are to be dispatched.
2. Responding Organization
a. The amount and type of equipment and the number of personnel to be furnished
shall be determined by an authorized official of the responding organization.
b. The responding organizations shall report to the officer-in-charge of the requesting
organization at the locations to which the equipment is dispatched and as a unit shall
be subject to the orders of that official. However, the individual members of the
unit of the responding organization shall at times be subject to the control and
direction of the officer-in-charge of the responding organization, and in assisting the
organization, shall at all times be subject to the control and direction of the officer-
in-charge of the responding organization, and in assisting the requesting
organization, shall at all times and for all purposes be considered as performing their
duties under the control and under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization when the
services of the responding organization are no longer required, or when the
responding organization is needed within the area for which it normally provides fire
protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability including
attorney fees arising out of any services furnished under this agreement, and for bodily injury or
property damages arising out of services furnished under this agreement.
SECTION FIVE
29
City Council Packet
October 13, 2009
No party shall be reimbursed by any other party for any costs incurred pursuant to this agreement.
SECTION SIX
This agreement shall expire on January 1, 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year indicated.
________________________ ________________________ ________
Mayor - City of Arlington Fire Chief - Arlington Date
________________________ ________________________ ________
Mayor - City of Aurora Fire Chief - Aurora Date
________________________ ________________________ ________
Mayor - City of Brookings Fire Chief - Brookings Date
________________________ ________________________ ________
Mayor - City of Bruce Fire Chief - Bruce Date
________________________ ________________________ ________
Mayor - City of Elkton Fire Chief - Elkton Date
________________________ ________________________ ________
Mayor - City of Estelline Fire Chief - Estelline Date
________________________ ________________________ ________
Mayor - City of Hendricks Fire Chief - Hendricks Date
________________________ ________________________ ________
Mayor - City of Sinai Fire Chief - Sinai Date
________________________ ________________________ ________
Mayor - City of Toronto Fire Chief - Toronto Date
________________________ ________________________ ________
Mayor - City of Volga Fire Chief - Volga Date
________________________ ________________________ ________
Mayor - City of White Fire Chief - White Date
30
City Council Packet
October 13, 2009
AGREEMENT FOR DUAL RESPONSE MUTUAL AID SERVICES
Agreement made January 1, 2010, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set out
herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other, of the parties, the benefits
of automatic mutual aid emergency response coverage for the protection of life and property from
hazardous materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon receipt of a reported fire in the dual response area of the Brookings Fire Department (the
requesting organization), the other party (the responding organization) shall be automatically
dispatched and shall respond with firefighting equipment and personnel to any point within the dual
response area for fire protection.
SECTION THREE
1. Requesting Organization
a. Automatic mutual aid shall be indicated when the City of Brookings Fire
Department has any reported fire in the dual response area. The 911 Dispatch
Center shall automatically notify and dispatch the appropriate county fire
department.
2. Responding Organization
a. An authorized official from the responding organization shall authorize the response
of the amount and type of equipment and personnel to operate the equipment
provided the responding agency has adequate equipment and personnel available.
b. The responding organization shall report to the officer-in-charge of the requesting
organization at the locations to which the equipment is dispatched and as a unit shall
be subject to the orders of that official. However, the individual members of the
unit of the responding organization shall at times be subject to the control and
direction of the officer-in-charge of the responding organization, and in assisting the
organization shall at all times be subject to the control and direction of the officer-in-
charge of the responding organization, and in assisting the requesting organization,
shall at all times and for all purposes be considered as performing their duties under
the control and under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization when the
services of the responding organization are no longer required, or when the
responding organization is needed within the area for which it normally provides fire
protection.
SECTION FOUR
31
City Council Packet
October 13, 2009
Each party agrees to hold each other party harmless from any and all claims for liability including
attorney fees arising out of any services furnished under this agreement, and for bodily injury or
property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this agreement.
SECTION SIX
This agreement shall expire on January 1, 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year indicated.
________________________ ________________________ ________
Mayor - City of Brookings Fire Chief - Brookings Date
________________________ ________________________ ________
Mayor - City of Bruce Fire Chief - Bruce Date
________________________ ________________________ ________
Mayor - City of White Fire Chief - White Date
32
City Council Packet
October 13, 2009
AGREEMENT FOR COUNTYWIDE AUTOMATIC MUTUAL AID SERVICES
Agreement made January 1, 2010, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set out
herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties, the benefits
of countywide automatic mutual aid emergency response coverage for the protection of life and
property from hazardous materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon receipt of a reported fire in the dual response area of the Brookings Fire Department (the
requesting organization), the other party (the responding organization) shall be automatically
dispatched and shall respond with firefighting equipment and personnel to any point within the dual
response area for fire protection.
SECTION THREE
1. Requesting Organization
a. Countywide automatic mutual aid shall be indicated when any fire department within
Brookings County, but outside of that fire department’s municipal area, has any
reported structural fire. The 911 Dispatch Center shall automatically notify and
dispatch all other county fire departments.
2. Responding Organization
a. An authorized official from each of the responding organizations shall authorize the
response of one water tender and personnel to operate the equipment, provided the
responding agency has adequate equipment and personnel available.
b. The responding organizations shall report to the officer-in-charge of the requesting
organization at the locations to which the equipment is dispatched and as a unit shall
be subject to the orders of that official. However, the individual members of the
unit of the responding organization shall at times be subject to the control and
direction of the officer-in-charge of the responding organization, and in assisting the
organization, shall at all times be subject to the control and direction of the officer-
in-charge of the responding organization, and in assisting the requesting
organization, shall at all times and for all purposes be considered as performing their
duties under the control and under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization when the
services of the responding organization are no longer required, or when the
responding organization is needed within the area for which it normally provides fire
protection.
33
City Council Packet
October 13, 2009
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability including
attorney fees arising out of any services furnished under this agreement, and for bodily injury or
property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this agreement.
SECTION SIX
This agreement shall expire on January 1, 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year indicated.
_________________________ ________________________ ________
Mayor - City of Arlington Fire Chief - Arlington Date
________________________ ________________________ ________
Mayor - City of Aurora Fire Chief - Aurora Date
________________________ ________________________ ________
Mayor - City of Brookings Fire Chief - Brookings Date
________________________ ________________________ ________
Mayor - City of Bruce Fire Chief - Bruce Date
________________________ ________________________ ________
Mayor - City of Elkton Fire Chief - Elkton Date
________________________ ________________________ ________
Mayor - City of Estelline Fire Chief - Estelline Date
________________________ ________________________ ________
Mayor - City of Hendricks Fire Chief - Hendricks Date
________________________ ________________________ ________
Mayor - City of Sinai Fire Chief - Sinai Date
________________________ ________________________ ________
Mayor - City of Toronto Fire Chief - Toronto Date
________________________ ________________________ ________
Mayor - City of Volga Fire Chief - Volga Date
________________________ ________________________ ________
Mayor - City of White Fire Chief - White Date
34
City Council Packet
October 13, 2009
CONSENT AGENDA #4
E. Action on Resolution No. 89-09, a Resolution Authorizing Final Change
Order (CCO #1 Final) for 2008-04STA, Alley Assessment Project, Bowes
Construction Inc.
The Brookings City Council approved Resolution of Necessity 39-08 on May 27, 2008,
authorizing the City to proceed with bidding for an alley assessment project. This project
consists of two alleys located between 6th Street and 7th Street, and 7th Avenue and 8th
Avenue. The alleys located between these streets are situated in a “T” fashion, with one alley
running north and south, and one alley running east and west. This project is an assessment
project with all of the project costs being assessed to the abutting property owners.
The contract for this alley is with Bowes Construction Inc., with a contract completion date
of November 1, 2008. The contractor did not complete the project last fall. Subsequently,
property ownership changed during this past winter, and the property owners petitioned to
vacate the north/south portion of this alley. The City Council approved the alley vacation
on June 23, 2009, which would have become effective 20 days after publication. Bowes
Construction waited until the vacation was approved to begin this project. This resolution
will final out the project for a decrease of $13,542.87 to the contract. After adoption of this
resolution, staff will proceed with the assessment process for this alley project.
Original Contract Price: $37,916.55
Change from Previously Approved Change Orders: $0.00
Contract Price prior to this Change Order: $37,916.55
Decrease of this Change Order (No. 1 Final): $13,542.87
Contract Price incorporating this Change Order: $24,373.68
City Manager recommendation: Even though the vacation of this project was not the reason
the project was not completed in 2008, it was beneficial to the property owners because they
can now utilize the north/south property and it was beneficial to the City because we do not
need to perpetually maintain the north/south alley pavement. I recommend approval
without liquidated damages being charged.
35
City Council Packet
October 13, 2009
Resolution No. 89-09
A Resolution Authorizing Final Change Order (CCO#1 Final) For
2008-04STA Alley Assessment Project
(from 7th Ave. to 8th Ave. between 6th St. and 7th St.)
Bowes Construction Inc., Brookings, SD
Be It Resolved by the City Council that the following change order be allowed for 2008-04STA
Alley Assessment Project:
Construction Change Order Number 1 Final
Adjust estimated bid quantities to “as build” quantities for a total decrease of $13,542.87.
Adjust completion date to August 13, 2009.
Passed and approved this 13th day of October, 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
36
City Council Packet
October 13, 2009
CONSENT AGENDA #4
F. Action on Resolution No. 94-09, Setting the Unit Financial Charge for
2010 Storm Drainage Fees.
The storm drainage fee ordinance was adopted in the 1980s, which allowed the City to collect
a drainage fee on all properties in the city limits, including tax exempt agencies such as South
Dakota State University, US Post Office, Department of Transportation, and others. The
collected fees are deposited in the Storm Drainage Budget and are used to maintain and
enhance the current storm sewer system, purchase property for drainage projects, construct
new drainage facilities, in addition to making storm sewer repairs, pipe cleaning and Phase II
DENR storm water quality requirements. The City Council approves the unit financial charge
each year and it is used to calculate the drainage fees for each property. The drainage fee
calculation is determined using the following formula: square footage of the parcel x the
runoff weighting factor x the unit financial charge
History: For a history of the drainage fee, the unit financial charge was .00019 in 2006,
.00036 in 2007, 2008 and 2009. This increase in the drainage fund has been used to fund
maintenance, the Drainage Master Plan, new contour mapping, the Indian Hills Drainage
Project and Willow Springs drainage improvements and other smaller projects. The City
Council adopted the prioritized Master Drainage Plan projects at their March 24, 2009
meeting. Subsequently, the City Council discussed and adopted Option #5 as the financial
plan for the drainage projects at their June 23, 2009 meeting, with the following excerpt:
“Option 5: Issue debt from the DENR through the SRF program using $475,000 as the annual
debt service (50% increase in the fee) for 20 years term at 3 percent interest. This produces the ability
to loan $ 8 million that can be applied to projects. The loan would be in advance in $2 million
increments over 4 years. Estimated completion time: 8 years.”
The adopted financial plan indicated the increased drainage fee will be used to pay back the
Department of Natural Resources State Revolving Fund Loans.
Example: The following is an example of the amount charged on a typical residential lot that
is 11,000 square feet:
2006 cost: $15.68 2007, 2008 & 2009 cost: $29.70 2010 cost: $44.55
The financial charge is set in the fall each year, so the storm drainage fees can be calculated and
submitted to Brookings County for the property tax billing which will be collected the
following year. This resolution will adopt the financial charge of 0.00054 for 2010. The fee
will be examined each year to determine if there is a need for additional funds to cover
maintenance and project costs.
38
City Council Packet
October 13, 2009
Resolution No. 94-09
Setting the Unit Financial Charge for 2010 Storm Drainage Fees
Whereas, Chapter 72, Section 72-1 (b), of Code of Ordinances for the City of Brookings,
provides for setting the unit financial charge of Storm Drainage, by Resolution.
Now, Therefore, Be It Resolved that the unit financial charge shall be .00054 for Storm
Drainage purposes.
Passed and approved this 13th day of October 2009.
CITY OF BROOKINGS
___________________________________
Tim Reed, Mayor
ATTEST:
___________________________________
Shari Thornes, City Clerk
39
City Council Packet
October 13, 2009
CONSENT AGENDA #4
G. Action on Resolution No.95-09, a Resolution Awarding Bids on
Agricultural Land Rent.
The City purchased a parcel of property of approximately 92 acres located in Section 21-
T110-R50, which is west of the current airport site. Approximately 48 acres of this parcel is
available for hay/pasture use and approximately 44 acres is in the CRP program. The City
advertised for rental bids for a one year lease. The City mailed specifications to several area
farmers and held a bid letting at 1:30 pm on Tuesday, October 6, 2009, and received the
following bids:
Lyle Johnson, Brookings, SD $60.00 per acre
Justin Thompson, Colman, SD $57.00 per acre
Lyle Johnson of Brookings, SD bid the highest rate of $60.00 per acre. The City’s lease bid
for this property in 2009 was $51.00 per acre. Following this action, City staff will advertise
a Notice of Public Hearing with intent to lease to private person for the City Council’s
October 27th meeting. This resolution will award bid for the agricultural land rent for this
property in the amount of $60.00 per acre to Lyle Johnson of Brookings, SD.
Resolution No. 95–09
Resolution Awarding Bids on Agricultural Land Rent
Whereas, the City of Brookings opened bids for approximately 48 acres of Agricultural
Hay/Pasture Land Rent for City-owned parcel located in Section 21-T110-R50 on Tuesday,
October 6, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Agricultural Hay/Pasture
Land:
Lyle Johnson, Brookings, SD $60.00 per acre
Justin Thompson, Colman, SD $57.00 per acre
Now Therefore, Be It Resolved that the high bid of Lyle Johnson, Brookings, SD for the high bid
of $60.00 per acre be accepted.
Passed and approved this 13th day of October 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
40
City Council Packet
October 13, 2009
CONSENT AGENDA #4
H. Action on Resolution No. 96-09, a Resolution Fixing Time and Place for
Hearing Upon Assessment Roll for 2008-03STA Downtown Streetscape
Project.
The 2008-03STI Downtown Streetscape Project entails construction work on Main Avenue
from 6th Street to Front Street, which includes new water and sanitary sewer mains and
services, new sidewalks, light poles, trees, curb & gutter, pavement and other amenities.
Included with this project are water and sanitary sewer services. The City Council approved
Resolution No. 11-08, which authorized the assessment project.
The contractor has submitted all of the quantities for the project, and the assessment process
may begin. There are three resolutions to complete the assessment process, which are
directing the preparation of the assessment roll, setting the public hearing, and levying the
assessment. The City Council approved the interest rate for the Downtown Streetscape
Assessment at 0%, which is reflected in this resolution, and the assessment costs may be
paid back over a 10-year period. Resolution No. 86-09 approved on September 22nd, 2009
directed the preparation of the assessment roll. This resolution sets the public hearing date
for the assessment project, which will be October 27, 2009. The engineering office will mail
a hearing notice and the assessment roll outlining the actual cost of the water and sanitary
sewer services by first class mail to each owner on the project as required by State law.
There will be one final resolution to levy the sidewalk assessment after the hearing.
41
City Council Packet
October 13, 2009
Resolution No. 96-09
Resolution Fixing Time and Place for Haring Upon Assessment Roll for 2008-03STA Downtown
Streetscape Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for 2008-03STA Downtown Streetscape Project having been filed in
the office of the City Clerk on the 28th day of September 2009, the City Council shall meet in
the Council Chambers, City Hall, in said City on Tuesday, the 27th day of October, 2009, at
6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said
assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in general
terms 2008-03STA Downtown Streetscape Project, the date of filing the assessment roll, the
time and place of hearing thereon, stating that the assessment roll will be open for public
inspection at the office of the City Engineer and referring to the assessment roll for further
particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper
at least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class
mail addressed to the owner or owners of any property to be assessed at his, her or their last
mailing address as shown by the records of the Director of Equalization at least one (1) week
prior to the date set for said hearing.
Passed and approved this 13th day of October 2009.
CITY OF BROOKINGS
__________________________________
Tim Reed, Mayor
ATTEST:
__________________________________
Shari Thornes, City Clerk
42
City Council Packet
October 13, 2009
CONSENT AGENDA #4
I. Documentation of purchase of animal stalls for the Swiftel Center.
On August 28th and September 4th bids were advertised by the City of Brookings for the
purchase of 8x8 portable animal stalls as per the enclosed specifications. No bids were
received on the September 8th bid letting. According to SDCL 5-18-9.1 and 5-18-9.2, when
no bids are received a municipality may solicit a minimum of three competitive quotes under
the original specifications. On September 9th, four quotes were directly solicited for and
three were received. Sunderman Manufacturing provided a quote of $55,510.40 to supply
new stalls. Jim Kotschevar provided a quote for $31,600.00 to supply used stalls. Service
Equipment provided a quote for $50,280.00 to supply new stalls. TLC Ranch said they
could make their product attach to our current inventory but the stalls would not be built to
our specifications. Jim Kotschevar was awarded the contract for the portable animal stalls at
a negotiated price of $29,625.00.
43
City Council Packet
October 13, 2009
CONSENT AGENDA #4
J. Action on Resolution No. 98-09, a Resolution Designating a
Conservation Easement.
During the construction of the 2008-02STA 15th Street South, Camelot Drive and Christine
Avenue Assessment Project, wetlands were discovered in the City right-of-way along
Camelot Drive. This caused a temporary suspension of the project while the City
immediately applied for an Army Nationwide permit with the Corps of Engineers. The City
received approval of the permit on September 30, 2008. As a condition of this permit, the
City is required to build new wetlands at a 2:1 ratio, which the City will accomplish on a 55
acre parcel owned by the City of Brookings located on the south side of 32nd Street South
adjacent to Medary Avenue in Section 11, Township 109N, Range 50W. The project to
create the wetland is currently under design and is required to be constructed by September
30, 2010 according to the permit. The exact language in the easement may need to be
slightly modified upon review by the Corps of Engineers. Approval of this resolution will
authorize the City Manager to sign the Conservation Easement to perpetually protect the
newly created wetland.
44
City Council Packet
October 13, 2009
Prepared by:
City Engineer’s Office
PO Box 270
Brookings, SD 57006
RESOLUTION NO. 98-09
RESOLUTION APPROVING CONSERVATION EASEMENT
Whereas, the City of Brookings has designated a Conservation Easement for approximately
2.68 acres of wetland to be constructed on the West 500’ of the East 910’ of the South 500’ of the
NE ¼ of the NE ¼ of Section 11, Township 109 North, Range 50 West,
Whereas, the Conservation Easement is necessary to perpetually protect the described
wetland and;
Whereas, the work to create the wetland has been authorized by the Department of the
Army Nationwide Permit Number 14 (NWP 14);
Now, Therefore, Be It Resolved that the City of Brookings City Manager is authorized to
sign the Conservation Easement.
Passed and approved this 13th day of October, 2009.
CITY OF BROOKINGS
__________________________________
Tim Reed, Mayor
ATTEST:
______________________________________
Shari Thornes, City Clerk
45
City Council Packet
October 13, 2009
Prepared by:
STEVEN J. BRITZMAN
Attorney at Law
521 Sixth Street, Suite 104
Brookings, South Dakota 57006
(605) 697-9058
CONSERVATION EASEMENT
The City of Brookings, a South Dakota municipal corporation, hereinafter referred to as
“Grantor”, for good and valuable consideration, does hereby grant and convey unto the Department
of the Army, Grantee, hereinafter also referred to as the “United States”, a Conservation Easement,
located upon the real property described on Exhibit “A”.
1. Purposes and Intent. The purposes of this easement is to restore, protect, manage,
maintain, and enhance the functional values of wetlands and other lands, and for the conservation of
natural values, including fish and wildlife habitat, water quality improvement, flood water retention,
groundwater recharge, open space, aesthetic values, and environmental education.
This easement shall constitute a servitude upon the land so encumbered; shall run with the
land and shall bind the City of Brookings, (the Grantor), its successors, assigns, lessees, and any
other person claiming under it.
2. Description of the Easement Area. The real property encumbered by this easement,
referred to as the easement area, is described on Exhibit “A”, which is attached and made a part of
this easement. The conservation easement area is approximately 3.3 acres of wetland and grass
buffer located in the W500’ of the E910’ of the S500’ of the NE1/4 of the NE1/4 of Section 11,
Township 109 North, Range 50 West of the 5th P.M., Brookings County, South Dakota.
3. Reservations in the City of Brookings on the Easement Area. Subject to the right, title,
and interest conveyed by this easement, the City reserves:
A. Title. Record title, along with the City's right to convey, transfer, and otherwise alienate
title to these reserved rights.
B. Quiet Enjoyment. The right of quiet enjoyment of the rights reserved on the easement
area.
C. Control of Access. The right to prevent trespass and control access by the general
public.
D. Recreational Uses. The right to undeveloped recreational uses, including leasing of
such rights for economic gain, pursuant to applicable State and Federal regulations
that may be in effect at the time.
46
City Council Packet
October 13, 2009
4. Prohibitions. It is expressly understood that the following activities are prohibited on the
easement area:
A. Haying, mowing or seed harvesting for any reason;
B. Altering of grassland, woodland, wildlife habitat, or other natural features by burning,
digging, plowing, disking, cutting or otherwise destroying the vegetative cover;
C. Dumping refuse, wastes, sewage, or other debris;
E. Harvesting wood products;
F. Draining, dredging, channeling, filling, leveling, pumping, diking, impounding, or
related activities, as well as altering or tampering with water control structures or
devices;
G. Diverting or causing or permitting the diversion of surface or underground water into,
within, or out of the easement area by any means;
H. Building or placing buildings or structures on the easement area;
I. Planting or harvesting any crop;
J. Grazing or allowing livestock on the easement area.
5. Reporting. The City shall report any conditions or events which may adversely affect the
wetland, wildlife, and other natural values of the easement area.
6. Management activities. The United States shall have the right to enter unto the easement
area to undertake, at its own expense or on a cost-share basis with the City or other entity, any
activities to restore, protect, manage, maintain, enhance, and monitor the wetland and other natural
values of the easement area.
7. Access. The United States has a right of reasonable ingress and egress to the easement
area over the City's property, whether or not the property is adjacent or appurtenant to the easement
area, for the exercise of any of the rights of the United States under this easement. The authorized
representatives of the United States may utilize vehicles and other reasonable modes of
transportation for access purposes.
8. Successors in Interest. All obligations of the City under this easement shall also bind the
City’s successors, agents, assigns, lessees, and any other person claiming under them. All parties to
this easement shall be jointly and severally liable for compliance with its terms.
The City’s vested drainage rights, if any, are hereby subordinated to the interest of the
United States in the easement area.
The City covenants to comply with the terms and conditions enumerated in this document
for the use of the easement area and to refrain from any activity not specifically allowed or that is
inconsistent with the purposes of this easement.
47
City Council Packet
October 13, 2009
IN WITNESS WHEREOF, the City of Brookings caused this instrument to be executed
this ____ day of October, 2009.
CITY OF BROOKINGS, SOUTH DAKOTA
(SEAL) By: ___________________________________
Jeffrey Weldon, City Manager
ATTEST:
___________________________________
Shari L. Thornes, City Clerk
STATE OF SOUTH DAKOTA )
) ss
County of Brookings )
On this the ____ day of October, 2009, before me, __________________________, the
undersigned officer, personally appeared Jeffrey Weldon and Shari L. Thornes, the City Manager and City
Clerk of Brookings, South Dakota, a South Dakota Municipal Corporation, known to me or satisfactorily
proven to be the persons whose names are subscribed to the within instrument and acknowledged that they
executed the within and foregoing instrument on behalf of Brookings, South Dakota, as the free act and deed
of Brookings, South Dakota.
In witness whereof, I hereunto set my hand and official seal.
_______________________________________
Notary Public, State of South Dakota
My Commission Expires _____________________.
48
City Council Packet
October 13, 2009
Presentations/Reports/Special Requests:
5. Promotion of the Rodeo & Tough Enough to Wear Pink Campaign.
Scott Smith from the Brookings Swiftel Center will be present to promote the Center’s
annual First Chance Bonanza Rodeo and the “Are you Tough Enough to Wear Pink?” Help
Support Breast Cancer Awareness campaign.
50
City Council Packet
October 13, 2009
Presentations/Reports/Special Requests:
6. Invitation For A Citizen To Schedule Time On The Council
Agenda For An Issue Not Listed.
At this time, any member of the public may request time on the agenda for an
item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this time.
7. SDSU Student Senate Report.
51
City Council Packet
October 13, 2009
Ordinances – 1st Readings**
8. Ordinance No. 25-09: An Ordinance Amending Article V. of Chapter 2
of the Code of Ordinances of the City of Brookings, South Dakota and
Pertaining to Human Rights Committees.
Public Hearing: October 27th
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the
public hearing is announced.
The Brookings Human Rights Committee has submitted the enclosed revisions to their
enabling ordinance to clarify the scope of the Committee’s activities and to make the
enabling ordinance language consistent with other city documents. The Committee has
been working with the City Attorney to update the document. Members of the Committee
will be present to respond to questions at the October 27th public hearing.
52
City Council Packet
October 13, 2009
ORDINANCE NO. 25-09
AN ORDINANCE AMENDING ARTICLE V. OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING
TO HUMAN RIGHTS COMMITTEES.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
That the following Sections of Division 2 of Article V. and pertaining to Human Rights
Committee are amended to read as follows:
Sec. 2-141. Continued. The city has established in and for the city, a human rights
committee.
Sec. 2-142. Composition. The human rights committee shall consist of ten members, nine
of which shall be selected by the mayor with the advice and consent of the council, and one of
which shall be selected by the board of county commissioners. In selecting members, due regard
shall be given to representation of minority groups on the human rights committee. One member of
the human rights committee selected by the mayor shall be a student enrolled in a post-secondary
educational institution.
Sec. 2-143. Term of office; date of appointment; compensation.
(a) All members of the human rights committee shall serve for terms of three years,
except the student member who shall serve a one-year term. Any members whose term expires
may be reappointed.
(b) All members of the human rights committee shall serve without compensation.
Sec. 2-144. Vacancies. If a vacancy on the human rights committee occurs on a date other
than the first Monday of the year, then the vacancy may be filled by appointment for a term not
exceeding three years, which term shall expire on the first Monday in January. If a member is absent
from three consecutive regular meetings without authorization from the human rights committee,
the member's seat may be considered vacant, and a new member may be appointed.
Sec. 2-145. Officers. The human rights committee shall designate from among its
membership a chairperson, vice-chairperson, and such other officers and subcommittees as it may
deem appropriate and necessary.
Sec. 2-146. Meetings. The human rights committee shall meet at such times and places as
may be determined by such committee.
Sec. 2-147. Purpose. The purpose of the Brookings Human Rights Committee
(BHRC) is to improve human relations and civil rights in the Brookings area by fighting
discrimination through educational efforts and a complaint resolution procedure. The
53
City Council Packet
October 13, 2009
committee has the power to investigate complaints alleging discrimination against
individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial
status or national origin, with respect to employment, labor union membership,
housing accommodations, property rights, education, public accommodations or public
services.
Sec. 2-147 2-148. Powers generally. The powers and duties of the Brookings human
rights committee shall be to have the following powers:
(1) Promote human and civil rights for all its citizens and visitors.
(2) Promote a mutual understanding and respect among all racial, religious and
nationality groups and work to discourage and prevent discriminatory practices
against any such group.
(3) Attempt to foster, through community effort or otherwise, goodwill,
cooperation and conciliation.
(4) To Study and determine the existence, character, causes and extent of discrimination
in employment, housing accommodations, property rights, education, public
accommodations, and public services in the city, and discrimination based on age, disability,
marital status, ethnicity, religion, sexual orientation, gender identity and political affiliation.
The study and determination of discrimination is based on a broad understanding of civil
and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race,
color, religion, gender and country of origin.
(5) To Advise and provide a forum for those who have been subjected to unfair and
discriminatory practices in the city.
(6) To Receive, hear and investigate and conciliate complaints alleging discrimination
and where probable cause for discrimination is found to exist, to refer the complaint to the
appropriate governmental agency. The human rights committee shall develop rules of
procedure subject to approval of the city council.
(7) Enlist the cooperation of various racial, religious and ethic groups,
community, civil, labor and business organizations, student organizations, fraternal
and benevolent associations, veterans’ organizations, and other groups in
educational campaigns and programs devoted to teaching the need for eliminating
group tensions, prejudices, intolerance, bigotry and unlawful discrimination.
(8) Cooperate with federal, state and city agencies in developing programs
showing the contributions of the various groups to the culture and traditions of our
city and nation, the menace of prejudice, intolerance, bigotry and unlawful
discrimination and the need for mutual respect.
(9) To Advise the mayor, city council members, city manager and the respective
departments of the city concerning matters consistent with the purpose and powers of the
human rights committee.
54
City Council Packet
October 13, 2009
(10) Recommend ordinances and other legislation pertinent to the purposes of
human rights.
(11) To Conduct educational programs and disseminate information in furtherance of the
purposes and policy policies of the human rights committee to eliminate discrimination in
the city.
(12) To Hear and investigate complaints alleging discrimination regarding the County
City of Brookings, in accordance with the grievance procedures for ADA grievances
adopted by resolution of the city.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Tim Reed, Mayor
Shari L. Thornes, City Clerk
55
City Council Packet
October 13, 2009
Ordinances – 1st Readings**
9. Ordinance No. 26-09: An Ordinance to change the Zoning within the
Joint Jurisdictional Area surrounding the City of Brookings.
Public Hearing: October 27th
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the
public hearing is announced.
Applicant: Mary Parsley
Proposal: Expand a residential district for a rural subdivision
Background: The Parsley Way Addition has existed since the mid 1970’s. The original parcel
that was platted into residential lots was likely zoned R-1B by the county at the same time. In
1993, additional land to the south was zoned R-1B and more lots were platted. Two streets,
Shamrock Lane and Wicklow Lane provide access to the lots from Western Avenue. The
Parsley land abuts the Southern Estates Addition to the south.
Specifics: The proposal involves 2 acres of ag land abutting residential land to the east and
south. Land to the north and west is in the Ag District. The Special Flood Hazard Area
boundary is about 100–150 feet west of this parcel.
56
City Council Packet
October 13, 2009
ORDINANCE NO. 26-09
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding the City of
Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City of
Brookings, County of Brookings, State of South Dakota, described as follows:
The north 293 feet of the south 1973.6 feet of the west 300 feet of the east 1263 feet of the N ½ of
the SE ¼ of Section 10-T109N-R50W be and the same is hereby rezoned and reclassified from a
class Agricultural A District to a class Residence R-1B District.
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area Zoning, of
the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said districts are more fully
set forth and described in Articles III, IV, V and VI or Ordinance No. 14-80 Appendix C of the City
of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby altered
and changed in accordance herewith pursuant to said Ordinance No. 14-80 Appendix C of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: October 13, 2009
SECOND READING AND ADOPTION:
PUBLISHED:
CITY OF BROOKINGS, SD
______________________________
Tim Reed, Mayor
ATTEST
_________________________
Shari Thornes, City Clerk
57
City Council Packet
October 13, 2009
JOINT JURISDICTION AREA ZONING
Section 420. Residence R - 1B single-family.
421. Permitted uses.
.1 All uses allowed by right in Residence R-1A District.
.2 Public utility substations or pumping stations meeting the requirements of Section 412.2.
.3 Private schools of general instruction
.4 Accessory uses customarily incidental to any of the foregoing permitted uses.
.5 Day-care facilities of twelve (12) or less persons at one (1) time.
422. Uses allowed as special exceptions by the Board of Adjustment.
.1 All uses allowed as special exceptions in the Residence R-IA District, except roadside stands
and agriculture as living. (Ord. 17-89, § III, 10-10-89)
.2 Vocational or trade schools, whether or not operated for profit.
.3 Retirement or nursing home.
.4 Two-family dwelling.
.5 Group home.
.6 Home occupation. (Ord. 17-89, 10-10-89)
.7 Public structures erected by any governmental agency providing that such structure is essential
to serve the adjacent neighborhood, that it cannot be located in any other type of district, that
it has adequate screening and landscaping and, where applicable, that it is housed in buildings
that harmonize with the character of the neighborhood. (Ord. 17.89, 10-10-89)
423. Area regulations.
.1 Lot area and width.
a. Single-family structures. A lot area of not less than ten thousand (10,000) square feet
per family shall be provided for every building hereafter erected or used in whole or in
part as a dwelling. Each lot shall have a building line frontage of not less than seventy-
five (75) feet.
61
City Council Packet
October 13, 2009
b. Two-family dwelling, to the requirements specified in .1a, add two thousand four
hundred (2,400) square feet of lot area and fifteen (15) feet of building line frontage for
each additional dwelling unit.
.2 Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be
not less than thirty (30) feet in depth.
.3 Side yard. There shall be two (2) side yards on each lot neither of which shall be less than
eight (8) feet in depth.
.4 Rear yard. There shall be a rear yard on each lot, which yard shall not be less than twenty-five
(25) feet in depth.
424. Supplementary regulations. See regulations prescribed in Article VII, Sections 700, 720, 730 and
740.
62
City Council Packet
October 13, 2009
Second Readings / Public Hearings
10. Ordinance No. 23-09: An Ordinance to Change the Zoning Within the
City of Brookings for the north 320 feet of Block 11, McClemans Addition
from a Residence R-1A District to a Residence R-3A District.
Applicant: Sunny Ridge and Prairie Meadows Inc.
Proposal: Create a higher-density residential block
Background: The McClemans Addition area began developing in 1994. The primary
components are two mobile home parks, a mixed-density residential subdivision and some
commercial land in the southeast corner. A significant drainageway also runs through the
parcel from northwest to southeast.
A corner of McClemans’ land is affected by Safety Zone B which is an overlay zone
established by the 1978 Airport Zoning Ordinance. This zone is shown on the map in your
packet. The land use restrictions are as follows:
2. Safety zone B: Subject at all times to the height restrictions and general restrictions, areas
designated as safety zone B shall be restricted in use as follows:
a. Each use shall be on a site whose area shall not be less than one-half (½) acre. A building,
used for residential purposes, where permitted, shall be considered as one use.
b. A building plot shall be a single, uniform and non-contrived area, whose shape is
uncomplicated and whose area shall not exceed the following minimum ratios with respect to
the total site area:
Ratio of Maximum Site
Site Area But Less Site Area Building Population
At Least Than To Building Plot Area (16 persons/
(Acres) (Acres) Plot Area (Sq. Ft.) acre)
½ 1 8:1 2,720 8
1 3 10:1 4,350 15
3 4 12:1 10,890 45
4 6 10:1 17,420 60
6 10 8:1 32,670 90
10 20 6:1 72,600 150
20 and up 4:1 218,000 300
c. Each use shall meet all applicable requirements of the underlying zoning district.
d. The following uses are specifically prohibited in zone B: Churches, hospitals, schools, theaters,
stadiums, hotels and motels, trailer courts, camp grounds and other places of public assembly.
Specifics: If rezoned, development on this block would be required to conform to the R-3A
and Safety Zone B regulations. The ultimate decision on the airport alternatives could impact
the boundary of Safety Zone B in the future.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval
of the rezoning.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation: Approve
63
City Council Packet
October 13, 2009
Ordinance No. 23-09
An Ordinance to Change the Zoning within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South
Dakota, described as follows:
the north 320 feet of Block 11, McClemans Addition
be and the same is hereby rezoned and reclassified from a Residence R-1A District to a Residence
R-3A District.
In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and
IV of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby altered
and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings,
South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: September 22, 2009
SECOND READING AND ADOPTION: October 13, 2009
PUBLISHED:
CITY OF BROOKINGS
______________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
64
City Council Packet
October 13, 2009
Planning Commission
Brookings, South Dakota
September 1, 2009
OFFICIAL MINUTES
Vice-chairperson Larry Fjeldos called the regular meeting of the City Planning Commission
to order on September 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Alan Gregg, John Gustafson, Al Heuton, Greg Fargen, Mike Cameron, Stacey
Howlett, and Fjeldos. Dave Kurtz was absent. Also present were Marty Higgins, Randy Hansen,
Michael Quinn, Bill Taylor, Mike McClemans, Richard Smith, Monte Harming, Terry McKeown,
City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and
Zoning Administrator Dan Hanson and others.
Item #5- Sunny Ridge and Prairie Meadows, Inc. have submitted a petition to rezone the north 320
feet of Block 11, McClemans Addition from a Residence R-1A District to a Residence R-3A
District.
(Gregg/Heuton) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Mike McClemans of Sunny Ridge and Prairie Meadows, Inc. stated that he began
developing the area from the south end about 15 years ago. The parcel to be rezoned was about 3.5
acres in size and was undeveloped. A portion of the land was in Safety Zone B which would have a
substantial impact on density. McClemans also noted that some of the area was in a drainageway.
68
City Council Packet
October 13, 2009
Sec. 94-124. RESIDENCE R-1A SINGLE-FAMILY
(a) Intent. This district is intended to provide for areas of residential use with a gross density of approximately
three dwelling units per acre or less. The district permits single-family dwellings and supportive community
facilities such as parks, playgrounds, schools, libraries and churches.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when
referred to in this section, are the district regulations of the Residence R-1A Single Family District.
(c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as private garages,
parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with
the conditions prescribed herein:
1. Church or similar place of worship, which may include a day care facility with such use confined to
within the church worship and educational facility.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
2. Public or parochial school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
3. Public library, museum, park, playground or similar community facility.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
4. Governmental administration and services such as offices, firehouse, police and like uses; however,
this section shall not be interpreted to permit such uses as warehousing, storage of vehicles, heavy
equipment or supplies.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
5. Public utility facility.
a. An opaque screen six feet in height located as far back as all setback lines.
b. Landscaping shall be provided between the setback lines and any front property line.
c. The architecture of all buildings shall harmonize with the character of the neighborhood.
d. One of the frontages of the premises shall abut upon an arterial or collector street.
6. Minor home occupation.
a. Requirements of Section 94-362 must be adhered to.
(e) Conditional Uses.
1. Agriculture
2. Major home occupation
3. Public recreation facility
4. Non-municipal library, museum, art gallery,
5. Private lake
6. Private stable
(f) Density, Area, Yard and Height Regulations.
The R-1A district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
69
City Council Packet
October 13, 2009
Single-Family
Dwelling 15,000 15,000 100' 40' 15' 30' 35'
Other Allowable
Uses 15,000 15,000 100' 40' 15' 30' 35'
(g) Accessory uses. Accessory uses and building permitted in the R-1A District are buildings and uses customarily
incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1A District shall be in conformance with the
regulations set forth in division 4 of article VI.
(i) Sign Regulations. Signs within the R-1A District shall be in conformance with the regulations set forth in
division 5 of article VI.
(j) Other Regulations. Development within the R-1A District shall be in conformance with the regulations set
forth in article II of this chapter.
70
City Council Packet
October 13, 2009
Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/ MANUFACTURED HOUSING.
(a) Intent. This district is intended to provide for areas of residential use with a gross density of seven to twenty-
four dwelling units per acre. This district provides for single-family, two-family, apartments, condominiums,
townhouses, fraternities, sororities, mobile homes, manufactured homes, mobile home parks plus support
facilities such as schools, parks, churches and community and public buildings.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when
referred to in this section, are the district regulations of the Residence R-3A Apartment/Mobile
Homes/Manufactured Housing District.
(c) Permitted Uses.
1. Single-family dwelling including accessory uses incidental thereto such as private garages, parking
areas, etc.
2. Two-family dwelling including accessory uses incidental thereto such as private garages, parking
areas, etc.
3. Single-family zero (0') side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
8. Single mobile home/manufactured home with not less than 720 square feet of gross floor area
including accessory uses incidental thereto such as private garages, parking areas, etc.
(d) Permitted Special Uses.
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A) and Section 94-
127(d)(R-3).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B), excluding family
day care.
3. All permitted special uses and conditions as stated in Section 94-126(d)(R-2), excluding single
family zero (0') side yard dwellings and family day care.
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library, museum, art gallery, community center, private club or lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Mobile home/manufactured housing park
7. Bed and breakfast establishment
(f) Density, Area, Yard and Height Regulations.
The R-3A district regulations shall be as follows:
71
City Council Packet
October 13, 2009
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Units 8,400 65' 20' 7' 25' 35'
SF Attached
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on n on-party wall
4 Units 14,000 105' 20' 0' or 7' 25' 35'
on non-party wall
Apts., Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other Allowed Uses 6,000 50' 20' 7'*** 25' 45'
*Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit exclusive of
required building setback areas, access drives and parking lots. Two thirds (2/3) of the landscaped area shall
be located in a continuous, single tract which contains no portions thereof which are not contiguous, adjacent
and abutting to either the entire width or entire length of said tract. 50% of the required landscaped area may
be used for parking spaces in excess of the minimum requirement. Parking lots shall be screened from single
and two-family residential uses according to Section 94-401.
**A maximum of 24 dwelling units per acre shall be allowed.
***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in height.
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other
similar group quarters where no cooking facilities are provided in individual rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-3A District are buildings and uses
customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-3A District shall be in conformance with the
regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-3A District shall be in conformance with the regulations set forth in
division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-3A District shall be in conformance with the regulations set
forth in article II of this chapter.
72
City Council Packet
October 13, 2009
Second Readings / Public Hearings
11. Ordinance No. 24-09: An Ordinance to Change the Zoning within the
City of Brookings for Lot 9, Block 2, University First Addition from a
Residence R-3 District to a Business B-2 District.
Applicant: City of Brookings
Proposal: Rezone the east fire station lot to a business district
Background: The land that the fire station is on was deeded to the City of Brookings by the
State in 1972. There is a deed restriction which limits the use of the property to a fire station.
If the fire station is moved, the land goes back to the State.
Specifics: The business district designation would allow the city to promote city events on
the site through increased signage. No other changes would be anticipated.
Recommendation: The Planning Commission voted 6 yes and 2 no to recommend approval
of the rezoning.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation: Approve
73
City Council Packet
October 13, 2009
Ordinance No. 24-09
An Ordinance to Change the Zoning within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South
Dakota, described as follows:
Lot 9, Block 2, University First Addition
be and the same is hereby rezoned and reclassified from a Residence R-3 District to a Business B-2
District.
In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and
IV of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby altered
and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings,
South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: September 22, 2009
SECOND READING AND ADOPTION: October 13, 2009
PUBLISHED:
CITY OF BROOKINGS
______________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
74
City Council Packet
October 13, 2009
Planning Commission
Brookings, South Dakota
September 1, 2009
OFFICIAL MINUTES
Vice-chairperson Larry Fjeldos called the regular meeting of the City Planning Commission
to order on September 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Alan Gregg, John Gustafson, Al Heuton, Greg Fargen, Mike Cameron, Stacey
Howlett, and Fjeldos. Dave Kurtz was absent. Also present were Marty Higgins, Randy Hansen,
Michael Quinn, Bill Taylor, Mike McClemans, Richard Smith, Monte Harming, Terry McKeown,
City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and
Zoning Administrator Dan Hanson and others.
Item #6- The City of Brookings has submitted a petition to rezone Lot 9, Block 3, University First
Addition from a Residence R-3 District to a Business B-2 District.
(Gustafson/Cameron) Motion to approve the rezoning. Gregg, Avery, Cameron, Gustafson,
Fargen, and Howlett voted aye. Heuton and Fjeldos voted no. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6- Hanson stated that a rezoning of the property would not change the actual use since the
fire station had to remain for as long as the city owned it. However, accessory uses on the property
would be impacted.
Hanson noted that the Planned Development District (PDD) to the west was governed by
the same B-2 standards, and land to the north and east was owned by the university.
Heuton was concerned about the signage that could be allowed on the site. Hanson
remarked that, if rezoned, a freestanding sign with a maximum size of 160 square feet could be
erected.
78
City Council Packet
October 13, 2009
Section 94-132. Business B-2 district
(a) Intent. This district is intended to provide a moderate variety of retail and personal services. This
district will include commercial uses whose retail operation and outdoor display of retail merchandise
will be compatible with residential neighborhoods. No unscreened outdoor storage is permitted.
(b) Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this title,
when referred to in this section, are the district regulations of the Business B-2 District.
(c) Permitted Uses. Permitted uses in the B-2 district are as follows:
1. All permitted uses in the B-1 central ;
2. Grocery supermarket;
3. Drive-in food service;
4. Funeral home or mortuary;
5. Gas dispensing station;
6. Automobile sales;
7. Community Center.
(d) Permitted Special Uses. A building or premises in the B-2 district may be used for the following
purposes in conformance with the conditions prescribed in this subsection:
1. Car wash
a. The entire operation shall be within an enclosed structure.
b. Drainage shall be contained on the site.
2. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and the
street.
b. An off-street pick-up and drop-off area shall be provided.
3. Seasonal roadside stand
a. The applicant shall furnish a written statement of permission from the property owner.
4. Mixed business/residential use
a. Provisions of Section 50.70.000, Nonconforming and Nonstandard Uses shall govern all
residential uses.
b. A site plan showing off-street parking for each use shall be submitted.
5. Citizen's drop-off for recyclables
a. Applicants shall furnish a statement guaranteeing supervision, maintenance and clean-up
of the site.
(e) Conditional Uses. Conditional uses in the B-2 district are as follows:
1. Wholesale trade
2. Automobile service station
3. Repair garage
4. Assembling and packaging
5. Freight handling
6. Manufacturing, light
7. Domestic abuse shelter
8. Apartment
9. Small animal clinic (Ord 2-96, 1/23/96)
10. Church (Ord 8-96, 5/28/96)
79
City Council Packet
October 13, 2009
(f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district
shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Commercial Uses 15,000 100' 25' -* 20'* 45'
Other Allowable
Uses 15,000 100' 25' 7'** 20' 45'
*A forty foot (40') landscaped area shall be required between an abutting residential district boundary line and any
structure, access drive, parking lot or other accessory use.
**The sideyard will be required to be increased to ten feet (10') when the building is three (3) or more stories in height.
(g) Accessory Uses. Accessory uses and building permitted in the B-2 District are buildings and uses
customarily incidental to any of the permitted uses in the B-2 district.
(h) Parking Regulations. Parking, loading and stacking within the B-2 District shall be in conformance
with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-2 District shall be in conformance with the regulations set forth in
division 5 of article VI of this section.
(j) Other Regulations. Development within the B-2 District shall be in conformance with the regulations
set forth in article II of this chapter.
80
City Council Packet
October 13, 2009
Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT
(a) Intent. This district is intended to provide for areas of residential use with a gross density of seven
to twenty-four dwelling units per acre. This district provides for single-family, two-family, apartments,
condominiums, townhouses, fraternities and sororities plus support facilities such as schools, parks,
churches and community and public buildings.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title,
when referred to in this section, are the district regulations of the Residence R-3 Apartment District.
(c) Permitted Uses.
1. Single-family dwelling including accessory uses incidental thereto such as private garages,
parking areas, etc.
2. Two-family dwelling including accessory uses incidental thereto such as private garages,
parking areas, etc.
3. Single-family zero (0') side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B) excluding
family day care.
3. All permitted special uses and conditions as stated in Section 94-126 (R-2), excluding single-
family zero (0') side yard dwelling and family day care.
4. Day care facility.
a. A 4-foot high transparent fence shall be constructed between the play area and the street
when the play area is adjacent to any arterial or collector street.
b. A safe pick-up and drop-off area shall be provided.
5. Boardinghouse.
a. Parking areas shall be screened from adjacent residential properties with a four (4) foot
high opaque fence.
b. Asphalt or concrete surfacing of the lot will be required for all parking lots with five (5) or
more spaces.
6. Retirement or nursing home.
a. Parking areas shall be screened from adjacent residential properties by a four (4) foot high
fence or equivalent landscaping.
7. Group home.
a. Applicants shall provide statements as to the type of supervision the home will have.
8. Domestic abuse shelter.
a. All parking shall be provided on the premises.
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library, museum, art gallery, community center, private club or lodge
81
City Council Packet
October 13, 2009
3. Major home occupation
4. Vocational or trade school
5. Office
6. Bed and breakfast
(f) Density, Area, Yard and Height Regulations: The R-3 district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Units 8,400 65' 20' 7' 25' 35'
SF Attached
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on non-party wall
4 Units 14,000 105' 20' 0' or 7' 25' 35'
on non-party wall
Apts., Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Other Allowable Uses 6,000 50' 20' 7'*** 25' 45'
*Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit exclusive of required
building setback areas, access drives and parking lots. Two thirds (2/3) of the landscaped area shall be located in a
continuous, single tract which contains no portions thereof which are not contiguous, adjacent and abutting to either the
entire width or entire length of said tract. 50% of the required landscaped area may be used for parking spaces in excess
of the minimum requirement. Parking lots shall be screened from single and two-family residential uses according to
Section 94-401.
**A maximum of 24 dwelling units per acre shall be allowed.
***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in height.
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing
homes or other similar group quarters where no facilities are provided in individual rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-3 District are buildings and uses
customarily incidental to any of the permitted uses in the district.
82
City Council Packet
October 13, 2009
(h) Parking Regulations. Parking, loading and stacking within the R-3 District shall be in conformance
with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-3 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-3 District shall be in conformance with the
regulations set forth in article II of this chapter
83
City Council Packet
October 13, 2009
Second Readings / Public Hearings
12. Action to approve a Memorandum of Understanding Between the State
of South Dakota by and through the Board of Regents of the State of
South Dakota and the City of Brookings, South Dakota Regarding the
use of a Commercial Advertising Sign.
This item corresponds to the previous agenda item rezoning the Lot 9, Block 2, University
First Addition from a Residence R-3 District to a Business B-2 District. The land that the
fire station is on was deeded to the City of Brookings by the State in 1972. There is a deed
restriction which limits the use of the property to a fire station. If the fire station is moved,
the land goes back to the State.
The enclosed Memorandum of Understanding between the City and the Board of Regents
pertains to the installation of a sign promoting the activities at the Swiftel Center on that
land. Due to the reversionary restrictions on the property, permission from the Regents is
needed for the sign. The attorney for the Board of Regents has reviewed and approved the
agreement. The Regents are scheduled to approve the document at their October meeting.
The City will use the former sign which has been in storage. All that will be required are
new mounting poles. The sign will be used to advertise upcoming events at the city-owned
Swiftel Center. This location will serve to enhance the Center’s ability to promote its events
and make it successful.
City Manager Introduction
Action: Motion to approve, request public comment, roll call
City Manager Recommendation- Approve
84
City Council Packet
October 13, 2009
MEMORANDUM OF UNDERSTANDING
Between the State of South Dakota
by and through the Board of Regents of the State of South Dakota
and the
City of Brookings, South Dakota
Regarding the use of a Commercial Advertising Sign
This Memorandum of Understanding is entered into by and between the State of South Dakota by
and through the Board of Regents (hereinafter referred to as the “Board of Regents”) and the City
of Brookings, and pertains to the proposed use of a commercial advertising sign at the East Fire
Station in the City of Brookings.
WHEREAS, the State of South Dakota, acting by and through the Board of Regents, conveyed land
by Deed to the City of Brookings in 1973 for the use by the City of Brookings as a fire station to
serve that portion of Brookings which includes the campus of South Dakota State University
(SDSU); and
WHEREAS, the land Deeded by the Board of Regents has been used by the City of Brookings as a
fire station to serve the campus of SDSU and the City of Brookings continues to use this site as a
fire station serving the campus of SDSU, however the City of Brookings now desires to also place a
commercial advertising sign upon this fire station property; and
WHEREAS, the proposed sign would be owned and operated by the City of Brookings, would not
interfere with the use of the fire station or signage designating the fire station, and would not affect
the operation of the fire station in any respect; and
WHEREAS, the proposed sign would be primarily used to advertise events at the City's "Swiftel
Center"; and
WHEREAS, this Memorandum of Understanding is intended to set forth the pertinent facts
concerning the proposed sign and to provide a record that the placement of a sign by the City is not
incompatible with the restrictions contained in the aforementioned Deed which also provides that
the property will revert to the State of South Dakota in the event the property shall cease to be used
by the grantee [City] for the purpose for which it was conveyed.
NOW THEREFORE, in accordance with the understandings set forth herein, the parties hereto
agree to the following:
1. The City of Brookings is permitted to install and operate upon the fire station property
referred to herein an advertising sign which will be owned by the City of Brookings, and
primarily used to advertise events at the Swiftel Center in Brookings.
2. Provided the sign is used and operated in conformity with the understandings set forth
herein, such use shall not be inconsistent with the Deed Restrictions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date set forth
below.
85
City Council Packet
October 13, 2009
STATE OF SOUTH DAKOTA, BY AND CITY OF BROOKINGS, SOUTH
THROUGH THE BOARD OF REGENTS DAKOTA
OF THE STATE OF SOUTH DAKOTA
_____________________________ ______________________________
By: Terry D. Baloun Tim Reed
Title: President Title: Mayor
Date: _________________________ Date: _________________________
ATTEST: ATTEST:
Jack Warner, Executive Director Shari Thornes, City Clerk
86
City Council Packet
October 13, 2009
Second Readings / Public Hearings
13. Action on Resolution No. 93-09, a Resolution Amending the City Of
Brookings Vision 2020 Comprehensive Plan.
Applicant: City of Brookings
COMPREHENSIVE PLAN REVISION (August PC meeting)
Proposal: Review and update the Growth Areas Map and Future Land Use Map
Background: The Growth Areas Map and the Future Land Use Map were created from the
land use inventory data compiled for the Vision 2020 Comp Plan. Historical data covering
the time period from 1980 to 2000 was used to estimate future land use needs for residential,
commercial, and industrial purposes. One revision to these maps was made in 2005.
Specifics: There are three (3) areas within the community that conflict with the anticipated
use or timetable presented by the Growth Areas Map or the Future Land Use Map. A brief
description is as follows:
Wiese Addition – The Growth Areas Map indicated future industrial uses for the
acreage north of the South Dakota Department of Transportation shop and across
from the Swiftel Center. The land was rezoned in 2003 to a business district in order
to accommodate business or research park uses.
Valley View Addition – Residential growth west of Esther Heights was not
anticipated in the Vision 2020 time period. This subdivision is currently being
developed.
Main Avenue South/20th Street South – The southwest quadrant of this intersection
was proposed for residential uses on the Future Land Use Map. A recent
development proposal indicated a plan for mixed residential/ business uses in this
area. A change in this quadrant would conform to the Vision 2020 development
strategy of creating commercial clusters at major intersections.
COMPREHENSIVE PLAN REVISION (September PC meeting)
Proposal: Based on the discussion at the August meeting, changes to the Growth Areas
Map and Future Land Use Map have been proposed for three areas: They are as follows:
• Wiese Addition – The area owned by the city that is west and north of Capital Card
will have a business designation.
• Valley View Addition – This area will be included as a projected residential growth
area on the Growth Areas Map.
• Main Avenue South/20th Street South – The southwest quadrant will include a future
residential/business mix on the Future Land Use Map.
88
City Council Packet
October 13, 2009
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval
of the proposed changes to the Future Land Use Map.
City Manager Introduction
Action: Open & Close Public Hearing, motion to approve, roll call
City Manager Recommendation- Approve
89
City Council Packet
October 13, 2009
Resolution No. 93-09
A Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18 adopted
the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Future Land Use Map of said Comprehensive Plan
should be amended and supersede the previously adopted Future Land Use Map of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended approval
of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved By The City Of Brookings, SD:
That the Future Land Use Map of the Vision 2020 Comprehensive Plan, as amended, is hereby
adopted for the City of Brookings, with said map to supersede the previous Future Land Use Map.
The Vision 2020 Comprehensive Plan shall be on file in the office of the City Clerk and is available
for public inspection by any interested person.
Passed this 13th day of October, 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
90
City Council Packet
October 13, 2009
Planning Commission
Brookings, South Dakota
September 1, 2009
OFFICIAL MINUTES
Vice-chairperson Larry Fjeldos called the regular meeting of the City Planning Commission
to order on September 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Alan Gregg, John Gustafson, Al Heuton, Greg Fargen, Mike Cameron, Stacey
Howlett, and Fjeldos. Dave Kurtz was absent. Also present were Marty Higgins, Randy Hansen,
Michael Quinn, Bill Taylor, Mike McClemans, Richard Smith, Monte Harming, Terry McKeown,
City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and
Zoning Administrator Dan Hanson and others.
Item #7 – Amendments to the Vision 2020 Comprehensive Plan have been submitted pertaining to
the future land use plan for the Wiese Addition, Valley View Addition and an unplatted area in the
southwest quadrant of Main Avenue South and 20th Street South.
(Howlett/Fargen) Motion to approve the proposed changes. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Hanson submitted map changes to the Comprehensive Plan that reflected the discussion
from the August meeting.
91
City Council Packet
October 13, 2009
Second Readings / Public Hearings
14. Public hearing and action on Resolution No. 97-09, regarding the City of
Brookings intent to fund three storm water projects.
Pursuant to the adoption of the Storm Drainage Master Plan, the City Council approved a
financing plan which included, in part, a loan from the State Department of Environment
and Natural Resources (DENR) through their Revolving Loan Program (RLF). This is the
same program whereby a loan was secured for some of the utility work at the Innovation
Campus.
This application is strictly for the implementation of the first three priority projects in the
City’s Storm Drainage Master Plan. The City needs to make separate, subsequent
applications for subsequent projects. As part of the application, the City is required to hold
a public hearing on the loan application. The attached application form has been submitted
as part of the process and contains pertinent information that we need to discuss at the
public hearing followed by approval of the attached resolution.
City Manager Introduction
Action: Open & Close Public Hearing, motion to approve, roll call
City Manager Recommendation- Approve
95
City Council Packet
October 13, 2009
Resolution No. 98-09
WHEREAS, the City of Brookings has identified the need to upgrade the storm water system; and
WHEREAS, the City of Brookings proposes to undertake improvements to the storm water system;
and
WHEREAS, the City of Brookings is eligible to apply for Clean Water State Revolving Fund (SRF)
Program assistance for the proposed project; and
WHEREAS, with the submission of the SRF application, the City of Brookings assures and certifies
that all SRF program requirements will be fulfilled.
THEREFORE BE IT RESOLVED that the City of Brookings duly authorizes the City Manager of
Brookings to execute and submit an SRF loan application requesting up to $4,070,738 of loan funds
for the proposed project to be borrowed at an interest rate of 3.0% for a term of 20 years and to be
secured by storm water fees.
FURTHER BE IT RESOLVED, that the City Manager of Brookings be hereby designated as the
certifying officer for any loan agreement, contracts, pay requests, correspondence, and other
required documents as a result of this application.
This resolution is effective immediately upon passage.
Passed and Approved this 13th day of October 2009.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
96
City Council Packet
October 13, 2009
Second Readings / Public Hearings
15. Union Contracts:
A. Action to approve the City General Employees Contract
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Proposed contract for Teamsters bargaining units
Attached are the two (2) proposed employee collective bargaining agreements for those city
employees covered under such agreements. Teamsters represent City general employees
under one contract and Teamsters also represents police/dispatch employees under a second
contract.
Both current contracts expire at the end of the year and the proposed contracts are for three
years. Human Resources Director Donna Langland and I worked with union stewards and
the Teamsters Business Agent for both employee groups and Chief Jeff Miller joined us for
the police meetings.
Both groups have accepted the proposed contracts and City Council approval to ratify them
will complete this process. The contracts in the packet are in amendment format so you can
easily see the changes to the contract that is about to expire.
Staff recommends approval.
City Manager Introduction
Action: Motion to approve, request public comment, roll call
City Manager Recommendation- Approve
98
1
City of Brookings
Labor Contract
2007-2009
2010-2012
INDEX
Article Title Page
Article 55 ................ Absenteeism ..................................................................... 25
Article 20 ................ Affirmative Action Program ............................................... 6
Article 42 ................ Alcohol and Drug Abuse .................................................. 14
Appendix A (Official Salary Schedule) ............................ 32
Article 21 ................ Authority to Employ Personnel ......................................... 6
Article 9 .................. Bonds .................................................................................. 3
Article 60 ................ Break Time ........................................................................ 27
Article 12 ................ Bulletin Boards ................................................................... 3
Article 13 ................ Business Agents ................................................................. 4
Article 65 ................ Call-In ................................................................................. 28
Article 8 .................. Check Off ............................................................................. 3
Article 18 ................ Citizen’s Complaint ............................................................ 5
Article 7 .................. Committee for Union - Management Co-Operation ......... 2
Article 67 ................ Compensation Time ......................................................... 29
Article 70 ................ Definitions ......................................................................... 29
Article 17 ................ Discharge or Suspension ................................................... 5
Article 71 ................ Duration ............................................................................. 31
Article 59 ................ Educational Material ........................................................ 27
Article 43 ................ Employee Assistance Program ....................................... 16
Article 25 ................ Employee Classification ..................................................... 8
Article 6 .................. Equal Employment Opportunity ........................................ 2
Article 37 ................ F.I.C.A (Social Security) ................................................... 13
Article 35 ................ Gifts and Gratuities .......................................................... 12
Article 15 ................ Grievance Procedure .......................................................... 4
Article 66 ................ Hazardous Pay .................................................................. 28
Article 46 ................ Holidays ............................................................................. 19
Article 53 ................ Injury Leave ....................................................................... 24
Article 39 ................ Insurance ........................................................................... 13
Article 29 ................ Interim Pay Grade Changes ............................................. 11
Article 54 ................ Leave Without Pay ............................................................ 25
Article 10 ................ Liability Coverage ............................................................... 3
Article 58 ................ Licenses and Certificates................................................. 26
Article 68 ................ Longevity ........................................................................... 29
Article 3 .................. Maintenance of Standards ................................................. 1
Article Title Page
Article 5 .................. Management Rights ............................................................ 1
Article 51 ................ Medical Leave of Absence ............................................... 24
Article 50 ................ Military Leave .................................................................... 23
Article 61 ................ Miscellaneous ................................................................... 27
Article 4 .................. Non-Discrimination ............................................................. 1
Article 31 ................ Organization/Association Membership .......................... 11
Article 30 ................ Out-Of-Class Pay .............................................................. 11
Article 32 ................ Outside Employment/Activity .......................................... 11
Article 36 ................ Pay Period ......................................................................... 12
Article 22 ................ Personnel Records and Reports ....................................... 6
Article 33 ................ Political Activity ................................................................ 11
Article 52 ................ Professional Development and Educational Leave ....... 24
Article 27 ................ Promotions or Transfers .................................................. 10
Article 34 ................ Public Relations ................................................................ 12
Article 1 .................. Recognition ......................................................................... 1
Article 16 ................ Reprimand ........................................................................... 5
Article 40 ................ Retirement ......................................................................... 14
Article 44 ................ Safety Policy ..................................................................... 17
Article 24 ................ Seniority .............................................................................. 8
Article 2 .................. Separability and Saving Clause ......................................... 1
Article 26 ................ Separations ......................................................................... 9
Article 41 ................ Sexual Harassment ........................................................... 14
Article 64 ................ Shift Differential ................................................................ 28
Article 48 ................ Sick Leave ......................................................................... 21
Article 49 ................ Special Leave .................................................................... 22
Article 63 ................ Standby Time .................................................................... 28
Article 11 ................ Stewards .............................................................................. 3
Article 45 ............... Storm Policy ...................................................................... 19
Article 38 ................ Tax Deferred Annuities .................................................... 13
Article 56 ................ Travel ................................................................................. 26
Article 62 ................ Uniforms and Equipment ................................................. 28
Article 14 ................ Union Business and Representatives ............................... 4
Article 47 ................ Vacation Leave .................................................................. 20
Article 57 ................ Volunteer Fire Department Training ................................ 26
Article 69 ................ Wages ................................................................................ 29
Article 19 ................ Work Rules .......................................................................... 5
Article 23 ................ Work Week .......................................................................... 7
1
CITY OF BROOKINGS
LABOR CONTRACT 2010-2012 2007-2009
THIS AGREEMENT made and entered into this 1st day of January, 2010 2007, by and between the City
of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the General Drivers and
Helpers Union, Local 749, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the
“Union”.
1. RECOGNITION
The Employer hereby recognizes the Union as the sole collective bargaining representative pursuant to
SDCL 3-18, for all the employees employed by the Employer in the following described unit:
All regular full-time employees employed by the City of Brookings employed in the following departments,
to-wit: Community Development, Engineering, Street, Parks, Recreation, Forestry, Library, Liquor and
Solid Waste/Landfill, excluding all other city employees, department heads, supervisors and
administrators as stipulated.
As used in this contract, where appropriate, the masculine includes the feminine, and the singular
includes the plural (and vice versa).
2. SEPARABILITY AND SAVING CLAUSE
If any provision of the Agreement is in contravention of the laws or regulations of the United States or the
State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so
long as the same is in force and effect, but all other provisions of the Agreement shall continue in force and effect.
3. MAINTENANCE OF STANDARDS
3A. The Employer agrees, subject to the following provisions, that all conditions of employment in his
individual operation relating to wages, hours of work, overtime differentials and general working conditions shall
be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the
conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere
in this Agreement.
3B. It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the
Employer or the Union in applying the terms and conditions of this Agreement. Such bona fide errors may be
corrected at any time.
3C. This provision does not give the Employer the right to impose or continue wages, hours or working
conditions less than those contained in this Agreement.
4. NON-DISCRIMINATION
The Employer and the Union agree not to limit, segregate, or classify employees in any way
to deprive any individual employee of employment opportunities, or discriminate against any
individual with respect to hiring, compensation, terms or conditions of employment because of such
individual’s race, color, religion, creed, sex, age, disability, handicap or national origin, sexual
orientation, political affiliation, marital or veteran status, or any other basis prohibited by state or
federal law. nor will they limit, segregate, or classify employees in any way to deprive any individual
employee of employment opportunities because of his race, gender, sexual orientation, religion, age,
handicap, country of origin, or political affiliation.
2
Any employee who feels they have been discriminated against should bring this concern to
his/her supervisor, or higher authority, according to the grievance procedure specified in Section
15 of this contract.
5. MANAGEMENT RIGHTS
The Union recognizes the prerogatives of the City Council and City Manager to operate and
manage its affairs in all respects in accordance with its responsibility and powers of authority which the
City has not officially abridged, delegated or modified by this Agreement, and such powers and authority
are retained by the City. These management rights include, but are not limited to the following:
5A. To utilize personnel, methods and means in the most appropriate and efficient manner possible;
to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train or
retrain employees in positions with the City; to discipline/suspend, discharge or take other appropriate
action against employees for just cause;
5B. To determine the size and composition of the work force, to eliminate or discontinue any job or
classification and to lay off employees for lack of work or lack of appropriate funds;
5C. To determine the objectives of the City and the methods and means necessary to efficiently fulfill
those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the
establishment of acceptable standards of job performance; (this shall not include the establishment of a
quota system); for purchase and utilization of equipment; and the utilization of seasonal and part time
employees, as long as no full time employees are laid off;
5D. To provide reasonable standards and rules for employees; and
5E. To determine the method of fulfillment of the objectives of the City whether by its employees or by
contracting or subcontracting with respect to all of the City’s services.
6. EQUAL EMPLOYMENT OPPORTUNITY
The City of Brookings is an Equal Opportunity Employer and will not discriminate in the hiring
process on the basis of his race, sex, gender, religion, age, creed, color, sexual orientation, country of
national origin, disability, or handicap unless the handicap is directly related to job performance political
affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City
will always endeavor to hire the best qualified applicant. The selection will be based on qualifications,
skills, training, and attainment of Affirmative Action Goals and Priorities, as adopted by the City Council in
the Affirmative Action Plan.
7. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION
7A. The parties recognize that during the period in which this agreement is in effect,
problems of administration of this Agreement may arise which are not anticipated by either party. They
also recognize that during such period more mutually constructive and productive relationships are likely
to exist between the City and the Union and among both management and non-management employees,
if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and
understanding of each others problems and objectives. They recognize that frequently what first appears
to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which
are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even
though limitations are being placed upon formal collective bargaining negotiations through extended
period of this Agreement, a better atmosphere in which they both desire, can be created through
meetings of the kind described below:
3
7B. Once each month or as needed, meetings may be held during the term of this Agreement of the
committee formed as part of this Article. It is understood that such meetings will be held for the purpose
of appraising and discussing the problems, if any, which arise concerning administration, interpretation or
application of the Agreement or other matters which either party believes will contribute to the
improvement in the relations between them, within the framework of this Agreement. It is understood that
such meetings shall not be for the purpose of handling grievances or conducting collective bargaining
negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of
this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their
sincere desire to encourage friendly, cooperative relationships between their respective representatives
at all levels, and with and between all employees covered by this Agreement and to find ways to
overcome difficulties, influences, or attitudes which interfere with such relationships.
7C. This committee shall also consider handling problems concerning the safety of working
conditions. Each of the parties recognize the importance of protecting the health, life and limb of
employees and the City will make every reasonable effort to improve conditions that promote health and
safety among City employees. This committee may make recommendations respecting conditions which
in its opinion would make working conditions more safe.
7D. The committee shall be composed of four (4) members designated by the Union and four (4)
members designated by the City. Any recommendations must be adopted by a majority of the committee.
8. CHECK OFF
Effective upon ratification, the Employer agrees that upon receiving written authorization by the
employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated
by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time
mutually agreed between the City and the Union.
9. BONDS
Should the employer require an employee to give bond, all premiums of such bond will be paid by
the Employer.
10. LIABILITY COVERAGE
The Employer shall continue in affect the insurance coverage relating to claims against the City
and City Employees. The Employer retains the right to change insurance carriers or otherwise provide
for insurance coverage. Effective April 1, 1986, Tthe minimum coverage under this policy shall be
$300,000.00.
11. STEWARDS
The City recognizes the right of the Union to designate stewards. The job stewards so
designated shall perform the following duties:
11A. Investigation and presentation of grievances to Employer or the Employer representatives in
accordance with the provisions of this Agreement.
11B. Serve bargaining unit employees by explaining the purpose and content of an existing contract.
The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be
permitted a reasonable time, as time permits, to conduct necessary Union business of presenting,
processing and investigating grievances, during work hours without loss of pay, provided that it does not
interfere with the efficient operation of the Department, which determination shall be in the discretion of
the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence.
4
Such time on such necessary Union business during duty hours shall not be deducted in the computation
of monthly overtime.
12. BULLETIN BOARDS
The employer agrees to provide space on its bulletin boards for Union business notices. Union
space will be allocated.
13. BUSINESS AGENTS
Authorized agents of the Union, after having notified the Department Head, shall have
reasonable access to the City’s establishment and be permitted to visit and converse with employees
during regular on-duty hours for the purpose of adjusting disputes, investigating work conditions, and
ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect
on the City’s responsibilities toward the general public.
14. UNION BUSINESS AND REPRESENTATIVES
14A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to
Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and
to any one person the necessary time off, without discrimination and without pay, to serve up to one (1)
year in any official Union business. Fifteen (15) calendar days written notice of such absence will be
given by the Union to the Employer.
14B. Upon receiving forty-eight (48) hours notice, the City shall excuse all employees in the bargaining
unit, to attend Union meetings, provided that during the term of the contract, such Union meetings shall
not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such
Union meetings shall be available to handle calls in the same manner as are handled during meetings
called by the City. Off duty employees attending such meetings shall do so on their own time.
15. GRIEVANCE PROCEDURE
15A. Grievances are herein defined to be disputes involving the interpretation of this Agreement or
City policies or ordinances or changes in working conditions affecting the employees covered by this
Agreement.
15B. Employees are encouraged to attempt to resolve grievances with his or her supervisor.
15C. Failure to resolve the grievance with the supervisor, the grievance shall be reduced to writing and
submitted to the Human Resources Director and the Local Union within ten (10) calendar days following
the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The
written grievance shall contain the alleged violation and relief requested. The grievance shall be signed
by the aggrieved employee or a representative of the Local Union. An employee may have a steward
and/or union representative present at any step of this procedure. Within ten (10) working days, the City
Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all
available evidence shall be afforded to both sides.
15D. Failing settlement at that level, the matter may be appealed to the Department of Labor and
Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local
Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is
submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it
shall be considered “waived”. If a grievance is not appealed within the specified time limits or any agreed
extension thereof, it shall be considered withdrawn. In all cases involving disciplinary action, the
employee and/or the Union may elect to commence the grievance procedure at the level of the
Department Head or City Manager.
5
15E. Time limits may be extended by mutual agreement.
15F. The Union has the authority to abandon a grievance.
15G. Abandonment of a grievance shall not set a precedence.
16. REPRIMAND
Any reprimand that can become part of an employee’s official record or result in suspension or
discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall
be done at an appointed time with such employee having the right to have a Union steward and/or other
Union representative present.
17. DISCHARGE OR SUSPENSION
17A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in
respect to discharge or suspension shall give at least one (1) warning notice of a complaint against such
employee to the employee in writing and a copy of the same to the Union, except that no warning notice
need be given to an employee before he/she is discharged or otherwise disciplined if the cause of such
discharge is:
1. Dishonesty;
2. Drinking of, presence of alcohol on their person, or under the influence of alcoholic
beverage or narcotics during their work shift. An employee will submit to a portable breath test if
the presence of alcohol is suspected. In the event of a positive reading, the employee may, at
their discretion, submit to a blood alcohol test, the expense of which is covered by the City if the
test is negative and by the employee if the test is positive. The employee will submit to a urine
drug screen if the presence of drugs is suspected.
3. Personal possession or use of illegal drugs while on duty;
4. Failure to report a serious accident or incident while on duty;
5. Insubordination; flagrant disregard of a lawful or reasonable order.
17B. It is understood that there are other offenses of extreme seriousness that an employee will be
discharged without a warning letter. Depending upon the circumstances and upon just cause, a lesser
discipline to include demotion, suspension, or any other appropriate disciplinary action, short of
discharge, may in the discretion of the City Manager, be implemented. It is further understood that a
warning notice shall mean that further disciplinary action up to and including suspension or dismissal may
occur if the condition causing the issuance of the warning letter is repeated during the effective time of
the warning notice. Warning notices shall be in effect for nine (9) months.
17C. Discharge must be by proper written notice to the employee and the Local Union. Any employee
may request an investigation of this discharge.
18. CITIZEN’S COMPLAINT
When a citizen makes a formal complaint against an employee, which such complaint might
become part of that employee’s official record, such complaint shall be reduced to writing after a
complete investigation has determined there may be possible merit or substance to the same. Such
written complaint shall be delivered to the employee and the employee shall have the right to face his/her
accuser with the steward and/or representative of the Local Union present at such meeting. The
Department Head shall also be present at the meeting.
6
19. WORK RULES
The City of Brookings encourages and promotes a mutual respect between management and
bargaining unit employees in the performance of their respective duties. Department general orders,
work rules and the department policy and procedure manual shall be reviewed by the City Manager and
the department head upon request of the union to insure ensure that they continue to meeting existing
conditions. Except in an emergency, proposed changes by the department shall be submitted to the
Union for review and comment at least thirty (30) days prior to their effective date. Management will
notify all employees of work rule changes. All Union comments on the proposed changes will be
considered by the City Manager and the department head, however, but the City Manager retains the
right to finally adopt changes in the said orders, work rules and manual. In an emergency, interim work
rules can be established simply by order of the City Manager., to be subsequently submitted to the Union
for consideration as provided herein if they are to become permanent. Non-emergency work rules
affecting conditions of employment are subject to collective bargaining. This article is not intended to
permit changes in specific provisions of the Agreement. Any disputes over reasonableness of work rules
shall be subject to the grievance procedure.
20. AFFIRMATIVE ACTION PROGRAM
20A. The City of Brookings unequivocally supports the principles and spirit of equal employment
opportunity based upon qualifications, related experience, job pertinence, and relevant individual
differences and not on the basis of non-relevant factors such as his race, gender, sexual orientation,
religion, age, handicap, country of origin, or political affiliation.
20B. It is the policy of this City to provide equal employment opportunity without discrimination in order
that all qualified persons are accorded an equal opportunity for employment or promotion without
discrimination due to his race, gender, sexual orientation, religion, age, handicap, country of origin, or
political affiliation.
20C. To ensure that we continue to adhere to the principles of equal employment opportunity as stated
above, the following will remain the City’s policy regarding recruitment, selection and promotion:
20C.1 Recruitment - The recruitment of persons to fill vacancies will be accomplished without
regard to his race, sex, gender, religion, age, creed, color, sexual orientation, country
of national origin, disability, or political affiliation, marital or veteran status, or any
other basis prohibited by state or federal law. The City will maintain contacts with
various persons, groups and organizations, and employment agencies concerning
personnel resources and requirements when necessary.
20C.2 Selection - The selection of persons to fill job vacancies will be accomplished through
approved procedures. Persons will be hired without regard to non-relevant factors
following a completely objective appraisal of each eligible individual interested in the
position.
20C.3 Promotion - Promotion will be proposed in accordance with applicable rules on a non-
discriminatory basis.
21. AUTHORITY TO EMPLOY PERSONNEL
21A. Authority to employ individuals for all positions in the City service, except certain appointive
positions as stipulated in the City Charter is vested in the City Manager.
21B. Supervision - Individuals will not be assigned to a department which will require them to be
supervised or evaluated by immediate family members.
22. PERSONNEL RECORDS AND REPORTS
7
22A. A personnel file will be maintained on all employees. The file shall contain the employee’s
application or resume for employment and personal history sheet, a current W-4 form, insurance and
retirement information, pay status, leave status, promotions, transfers or demotions, performance review
information, job description, a record of the employee’s current address and telephone number, and
personal information necessary to assist the Human Resources Department.
22B. It is important that personnel records reflect correct information about the employee at all times.
Employees are requested to report promptly to the Personnel Department any changes in status as listed
below:
1. name;
2. address;
3. telephone number;
4. marital status;
5. beneficiary change - (retirement and insurance);
6. legal change of name;
7. name, birth date, relationship, and the total number of dependents;
8. completion of education/training courses;
9. person(s) to notify in case of emergency;
10. physical or other limitations;
11. special awards or honors;
12. record, including serial numbers, etc., of personally assigned City-owned equipment.
22C. All personnel files are to be maintained by the respective department heads in a secure, locked
file cabinet in the Human Resources office. Employees are encouraged to periodically review and
comment on their personnel records. Review of personnel files must be completed in the presence of the
Human Resources Officer or their designated representative. ALL PERSONNEL FILES AND
INFORMATION THEREIN ARE CONFIDENTIAL.
23. WORK WEEK
23A. The normal working day for municipal employees shall be consecutive hours and the work week
shall consist of forty (40) hours. Flexible schedules shall be set or approved by the Department Head.
23B. Employees shall be paid for all time spent in the employ of the Employer.
23C. Employees shall be compensated at the rate of time and one-half for all hours required to work
prior to and/or beyond scheduled shift; on a scheduled day off; or in excess of forty (40) hours per week.
Overtime will not be paid, however, for changes made to an employee’s normal weekly work schedule to
include days off or shift when seven (7) calendar days advance written notice is given to the employee,
unless changes to the schedule result in actual work hours in excess of 40 per week. However, seven
(7) calendar days advance notice does not need to be given in the event of an emergency which is
defined as an unforeseen combination of circumstances that calls for immediate action as determined by
the department head or his designee. In that event, the employee shall be paid at a rate of time and one-
half for all hours required to work outside of their regular shift for emergencies and/or unforeseen
circumstances.
Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other
benefit leave, will not be used in the computation of overtime.
Overtime will not be allowed without approval of the Department Manager or other supervisor as
designated.
23D. Overtime shall not be pyramided.
8
23E. Employees shall be allowed to trade shifts if it is approved by the shift supervisor.
23F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time
employees below the normal scheduled work week.
24. SENIORITY
24A. Seniority rights for employees shall prevail.
24B. Seniority shall be defined as the total length of continuous service with the Employer, since the
employee’s last date of hire in the bargaining unit. Current established seniority lists as of 12/30/97 shall
not be modified or changed, but with respect to the contract language of January 1, 1999, definitions
consistent with the seniority article shall prevail.
24C. On January 1 of each year, the Employer shall post a current seniority list and shall submit a
copy to the Union.
24D. Seniority and employment relationship shall terminate when an employee:
1. Quits;
2. Is discharged for just cause;
3. Is retired.
24E. Department seniority shall govern layoff and recall. In the event of a layoff, the last employee
hired in each affected Department, shall be laid off first as long as the employees retained are qualified to
perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective
departments.
24F. An employee so laid off or whose job has been eliminated may exercise their city seniority and
bump any junior employee within the bargaining unit if they have the skill and ability to perform the job.
The employee who is bumped off their job shall also be allowed to exercise their seniority until the most
junior employee within the bargaining unit is displaced or the employee lacks the skills to displace anyone
further. Employees so laid off or bumped shall hold recall rights to the original positions they were
displaced from.
24G. Part-time and seasonal employees shall be laid off first. A regular full-time employee who is laid
off through a reduction in force, shall receive two (2) weeks notice of separation or shall be paid for the
two (2) weeks following the notice of layoff. Part-time and seasonal employees shall be laid off first
provided they are doing comparable duties in the same department.
24H. Seniority will continue to accumulate for any employee who is drafted into the Armed Forces of
the United States, or who volunteers during a period of national emergency, for the period of his/her
service, and for ninety (90) days thereafter, if he/she received an honorable discharge.
24I. Employees who are injured and are covered by Workers’ Compensation shall continue to
accumulate seniority during their absence.
24J. The City of Brookings shall grant re-employment rights to employees who have been laid off.
Employees who are discharged, resign, or retire, shall forfeit re-employment rights. Employees who have
been laid off shall be granted re-employment rights for a period of six (6) months in the classification they
previously held. When re-employing personnel with seniority rights, such rights shall prevail. Re-
employed individuals who have been laid off shall retain seniority and all accumulated benefits. Such
benefits may not be accrued during the layoff period.
9
25. EMPLOYEE CLASSIFICATION
25A. Regular Full-time Employees - Employees who work a minimum of thirty-two (32) hours per
normal work week and are not designated as probationary or temporary shall be defined as “regular full-
time”. This classification will entitle employees to all rights and benefits on a pro-rated basis. Time
served on a probationary status shall be considered as regular full-time, when the employee is so
classified.
25B. Probationary Employee - Probationary employees are newly hired employees and shall be
considered on a “probationary” status for a period of six (6) months following their initial date of
employment. Upon completion of not more than six (6) months of satisfactory performance such
employees shall be classified as regular full-time. A probationary employee shall be subject to layoff,
discipline, or discharge at the sole discretion of the City. After an employee has satisfactorily completed
the probationary period, seniority will be established as of his/her employment date.
25B.1 The probationary period is established for the purpose of evaluating the performance of
and manner in which each new employee adjusts to his/her work. If an employee is granted
leave during their probationary period and said leave exceeds one week, then employee’s
probationary period shall be extended by an amount at least equal to the term of their leave. If,
for any reason, the employee is found to be unsatisfactory in his/her performance or attendance
during the probationary period, the employee may be terminated. The “Probationary Employee
Progress Report” form shall be completed two weeks before the probationary period ends in
order to document the reason(s) for termination. Managers will utilize the Probationary Employee
Progress Report to review each new employee’s performance and progress. The employee’s
work performance, attitude, attendance, ability to follow instructions, and other factors which
cause him/her to be successful on the job must be carefully reviewed before the employee is
classified as a regular full-time employee. A probationary employee’s performance can be
reviewed as often as necessary during the probationary period. The City Manager reserves the
right to extend the probationary period of an employee up to a maximum of six (6)
additional months.
25C. Temporary Employees - Temporary employees shall be defined as those individuals hired for
seasonal work for a limited period of time or employees working on a part-time basis. Temporary
employees will not be entitled to benefits until classified as regular full-time.
25D. Acting - When a vacancy occurs in a position which cannot be left vacant for the length of time
anticipated, when no suitable list of approved candidates exists for its filling, or for some other reason it is
not feasible to make a permanent appointment thereto, the Department Head may appoint an employee
to an “acting” capacity. The duration of such acting appointment shall be only until a permanent
appointment can reasonably be made. The employee shall receive the wages of the vacant position.
26. SEPARATIONS
26A. General
It is the policy of the City of Brookings to process all separations of personnel according to a standardized
procedure for the following purposes:
1. to receive suggestions that terminating employees may have for improving employment
conditions;
2. to reclaim City property such as keys and clothing;
3. to review the necessary forms that need to be completed such as insurance and
retirement.
10
26B. Separations
26B.1 Resignations - An employee desiring to terminate his/her employment is required to
submit a written notice at least two (2) weeks prior to his/her last day of work.
Resignations are treated as a voluntary action by the employee.
26B.2 Layoffs - In the event a cutback becomes necessary, City Manager will first determine
what positions should be eliminated, and will notify the affected employees/union in
writing.
26B.3 A regular full-time employee who is laid off through a reduction in force, shall receive two
(2) weeks notice of separation or shall be paid for the two (2) weeks following the notice
of layoff.
27. PROMOTIONS OR TRANSFERS
27A. An employee may request a transfer from a position or Department to another position or
Department within the bargaining unit. Such a request need not be in the nature of a promotion.
Requests for transfer must first be made to an employee’s immediate supervisor and to the Department
Head.
27B. Permanent inter-departmental transfers or promotions to a regular full-time position involving
substantially different duties shall require the transferred employee to serve a thirty (30) calendar day trial
period to determine:
(a) His ability to perform the job.
(b) His desire to remain on the job.
During the thirty (30) day trial period, the employee shall have the opportunity to revert to his previous
position. If the employee is unsatisfactory in the new position (in the opinion of the Employer), notice and
reasons will be submitted to him in writing by the Employer with a copy to the Union. The matter may
then become a proper subject for the grievance procedure. If the employer is unable to fill a vacancy by
promoting, it may hire from outside the unit or a new employee.
Benefits/seniority accumulated by the person transferring shall be retained by that individual.
27B.1 A transferred or promoted employee who is placed on a salary grade at step “A”, whether
an increase or decrease, will be eligible for a salary increase to step “B” upon completion of the
probationary period as signified by a satisfactory, or better, rating on an employee evaluation.
Employee will be eligible for an increase to the next highest step upon completion of an additional
six months and will then be eligible on an annual basis for a step in grade increase through step
“F”. A transferred employee who is placed on a salary grade at step “B”, whether an increase or
decrease, will be eligible for a step in grade increase upon completion of a probationary period
and will then be eligible for step in grade increases on an annual basis. A transferred employee
placed above step “B” in grade will only be eligible for step in grade increases on an annual
basis.
27C. Inter-departmental transfers of employees for a short duration for City convenience may be made
at any time at the discretion of the City Manager, providing the employee is informed of the need and
expected duration of the transfer and it does not affect pay.
27D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an
ice storm, tornado or any other emergency.
11
27E. Whenever possible, new and vacant positions will be filled from within the City by promoting
qualified employees in accordance with the following:
27E.1 Employees of a Department in which a vacancy occurs will be given priority over
employees from another Department for promotion to a position in that Department;
27E.2 Promotions/transfers shall be made on the basis of seniority, skills, ability, and
qualifications, and job performance. If skills, ability, and qualifications, and job
performance, are relatively equal, then seniority shall be the determining factor.
27E.3 In accordance with this article, promotions must be approved by the City Manager.
27F. All regular full-time job vacancies shall be posted on City bulletin boards. The City shall promote
or transfer present employees to such vacancy provided the employee meets the above criteria. Any
employee denied a promotion under this Article shall be given the reasons for such denial in writing and
may be appealed under the grievance procedure.
28. APPRENTICESHIP PROGRAM – Article deleted 1/1/02.
29. INTERIM PAY GRADE CHANGES
During the term of the contract, any proposed changes within the bargaining unit that
substantially affect an employees duties and responsibilities shall be submitted to the Union. The City
and the Union shall determine if the additional duties and responsibilities warrant a pay grade change,
and if so, establish the appropriate grade for the position.
30. OUT OF CLASS PAY
An employee that works in a higher pay classification for a period of two (2) consecutive weeks or
longer shall receive the higher rate of pay for all time served in said higher pay classification job excluding
the first week. While assigned to such duties, the employee shall be paid the entry level rate for working
in that classification or at a step that would allow for a rate increase above his/her current rate of pay.
31. ORGANIZATION/ASSOCIATION MEMBERSHIP
The City of Brookings encourages employees to belong to organizations or associations that will
assist them in performing their work.
32. OUTSIDE EMPLOYMENT/ACTIVITY
32A. Holding a second job elsewhere is subject to critical appraisal only if it conflicts with the full
performance of the employee and the interests of the City. The City Manager and Department Head
should be informed of the outside employment.
32B. Employees shall not engage in outside activities while on duty. City employees shall not
participate in any activity or enterprise which is contrary to the Conflict of Interest ordinance adopted by
the City Council or inconsistent, incompatible, or in conflict with the duties and responsibilities of their
position. The City Manager shall make the ultimate determination as to whether or not a specific activity
is prohibited.
33. POLITICAL ACTIVITY
33A. Employees of the City of Brookings are encouraged to exercise their right to vote. However,
other political activity shall be restricted to points 33B.1, 33B.2, 33B.3 and 33B.4 as provided below. In all
12
cases, activities must be in compliance with the Conflict of Interest ordinance as adopted by the City
Council. Failure to comply with this provision may result in disciplinary action against the violator.
33B. Any officer or employee of the City of Brookings, whether elected or appointed, may seek any
political office while employed by the City, provided:
33B.1 that said officer or employee may not seek any political office or actively campaign for
any political office until after having submitted in writing to the City Manager, their
intention to seek a political office;
33B.2 that said officer or employee never campaign in any manner whatsoever during hours of
employment;
33B.3 that it is mandatory that said officer or employee take a leave of absence for no less than
fourteen (14) days nor more than thirty (30) days prior to any election for position that
would require the termination of said employee’s employment if he/she is successful in
the election. Of that leave time, the employee may take two (2) weeks of vacation leave.
Any amount in excess of two weeks must be taken as leave without pay; and
33B.4 an employee of the City of Brookings may not campaign on behalf of any candidate for
City Council. This does not preclude an employee from running for City Council as long
as that employee adheres to Item 33B.3 above.
33C. Any employee elected to a position on the City of Brookings City Council will resign their position
with the City prior to being sworn in on the Council.
34. PUBLIC RELATIONS
All City employees are expected to maintain high standards of conduct and cooperation in their
duties for the City. The City feels an employee accepts an additional responsibility to his/her community
by accepting a position in municipal government, and urges our employees to act accordingly when off
the job.
35. GIFTS AND GRATUITIES
As is outlined in the Conflict of Interest ordinance adopted by the City Council, it is the policy of
the City of Brookings that employees are prohibited from soliciting or accepting any rebate money, or
costly entertainment, gift or gratuity (except memento and novelties of nominal value) from any person,
company, firm, or corporation, in the hope or expectation of receiving a favor or better treatment than that
accorded other persons.
36. PAY PERIOD
36A. Pay periods are monthly and the system is a “computerized checkless payroll”. This means that
employee payroll checks are not issued, but net earnings are deposited to the employee’s checking or
savings account in any of the local banks in Brookings on the last working day of each month. A
complete record of earnings, less deductions illustrating net earnings (the amount deposited in the
employee’s account) is distributed to all employees each pay day. Questions relative to payroll are to be
directed to the City Finance Office. In order to allow enough time to prepare the payroll, cut-off dates are
established with provisions to adjust records and payments on the next month’s payroll.
36B. Full-time employees are paid hours from the first day of the month through the last day of the
month utilizing the proposed schedule to determine regular working hours after the cut-off date. Monthly
cut-off dates will occur before the end of the month and all full-time employee payroll records are subject
13
to adjustments from cut-off date to the end of the month. Those adjustments would apply to the next
month’s payroll and will be shown on that check.
36C. The City is required to deduct the following items from an employee’s pay:
36C.1 Federal Withholding Income Tax - The amount deducted will depend on amount earned
and the number of dependents claimed.
36C.2 Social Security (FICA) - This deduction is an amount fixed by law with a like amount
contributed to the employee’s account by the employer.
36C.3 Retirement contributions
36C.4 Additional deductions may be made for the following:
a. Insurance - life, health, dental, and vision
b. Credit Union
c. Annuities
d. Retirement (spouse option) contributions
e. Union dues, application fees and assessments
37. F.I.C.A. (SOCIAL SECURITY)
The City of Brookings is a participant in Federal Insurance Compensation System (Social
Security). Participation in FICA is mandatory for all employees employed by the City.
38. TAX DEFERRED ANNUITIES
The City of Brookings offers a payroll deduction Tax Deferred Annuity Program for all employees.
This is an investor directed, professionally managed annuity. The entire cost is paid by the employee, but
reduces the employee’s gross income for tax withholding purposes. This can be a retirement and tax
saving program for employees.
39. INSURANCE
39A. The City of Brookings offers insurance coverage to all regular full-time employees. Group health,
dental, vision, accident, and life insurance is available for all qualified employees. The City of Brookings
pays 75% of the total cost of group health for individual or family coverage for all employees; 75% of the
single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100%
of the total cost of the group life insurance plan for employees. In order to earn the payment of insurance
premiums for a given month, the employee must work or use paid leave for at least 50% of the hours
payable in the payroll month.
39B. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin
receiving the South Dakota Retirement System (SDRS) retirement benefit who retire early or and have
been approved for are eligible to begin receiving retirement or the SDRS disability SDRS benefits within
30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the
total cost for the retiree group health and life insurance plan offered by the City as outlined in the City
insurance policy in accordance with current Insurance policy provisions with no required minimum
years of continuous full-time service with the City of Brookings. All employees with a full-time
hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the
retiree group health and life insurance plan offered by the City. All employees with a full-time hire
date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time
continuous service with the City of Brookings immediately prior to retirement to be eligible for the
14
City retiree group health and life insurance benefits. The retirement insurance benefit will not
continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare.
39C. If any employee, including Fire and Police, is covered under the City health insurance plan either
by spouse or dependent coverage, they would not be permitted to be covered by an individual policy also
with the City.
39D. New employees desiring health, vision and life insurance coverage must enroll within thirty (30)
days of the first day on which they are eligible for coverage to avoid incurring an additional waiting period
prior to the application of coverage. The waiting period to enroll in dental insurance is 90 days from the
date of hire. New employees not enrolling within thirty days after the employee is first eligible for
coverage, or current employees not currently on the Health Insurance Plan (and in the absence of a
qualifying event) will be considered late applicants. Late Applicants are required to make a written
request for late enrollment and will be subject to an 18 month waiting period. At the end of the 18 month
waiting period, the late applicants will be eligible to join the plan with no pre-existing condition limitations.
Employees who terminate their employment will terminate the group plan upon date of termination, and
may transfer to an individual contract or may continue group coverage through COBRA. However, the
total premium will be paid by the terminated employee. Arrangements must be made prior to employee’s
last day of employment.
39E. Employees on leave of absence without pay may make arrangements for continued coverage.
39F. City employees also have the opportunity to secure individual policies for cancer and intensive
care insurance at a group rate. The entire cost of this optional policy must be paid for by the employee.
40. RETIREMENT
The City of Brookings is a member of the South Dakota Retirement System. Participation is
mandatory and will be administered in accordance with the policies and procedures as outlined by the
South Dakota Retirement System. Termination of employment will also be administered in accordance
with the policies and procedures as outlined by the South Dakota Retirement System.
41. SEXUAL HARASSMENT
41A. Sexual harassment is a grievable offense when it meets the following criteria: unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
41A.1 submission to such conduct is made either explicitly or implicitly a term or condition of an
individual’s employment;
41A.2 submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
41A.3 such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance, or creating an intimidating, hostile, or offensive working environment.
41.B If an employee feels that he/she is you feel you are being sexually harassed, he/she you
should make his/her your feelings known to the offender. If the problem is not resolved, he/she is to
report the harassing behavior to his/her tell your supervisor. If that is not practical, tell his/her the
employee is encouraged to report the situation to his/her Department Head, the City Manager, or the
Human Resources Director.
41C. If employees you have questions about sexual harassment, they you are encouraged to
contact the Human Resources Director or the may contact the EAP Counselor.
15
42. ALCOHOL AND DRUG ABUSE
42A. Purpose - This policy provides guidelines for the detection and deterrence of alcohol and drug
abuse. It also outlines the responsibilities of the municipality and employees. It is the policy of the
municipality to maintain a safe, healthful and productive work environment for all employees. To that
end, the municipality will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs
or any other substance which could impair an employee’s ability to safely and effectively perform the
functions of the particular job) which increases the potential for accidents, absenteeism, substandard
performance, poor employee morale or damage to the municipality’s reputation. All persons covered by
this policy should be aware that violations of the policy may result in discipline, up to and including
termination, or in not being hired.
42B. Policy - It is municipal policy that employees shall not report to work under the influence of
alcohol or drugs, possess, while on duty or subject to being called, or utilize such substances while they
are subject to municipal duty, sell or provide drugs or alcohol to any other employee or to any person
while such employee is on duty or subject to being called, or have their ability to work impaired as a result
of the use of alcohol or drugs.
42B.1 While use of medically prescribed medications and drugs is not per se a violation of this
policy, failure by the employee to notify his/her supervisor, before beginning work, when
taking medications or drugs which may interfere with the safe and effective performance
of duties or operation of municipal equipment can result in discipline, up to and including
termination. In the event there is a question regarding an employee’s ability to safely and
effectively perform assigned duties while using such medications or drugs, clearance
from a qualified physician will be required.
42B.2 The municipality reserves the right to search, without employee consent, all areas and
property in which the municipality maintains full control or joint control with the employee.
Otherwise, the municipality may notify the appropriate law enforcement agency that an
employee may have illegal drugs in his or her possession or in an area not jointly or fully
controlled by the municipality.
42B.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work and shall be detained for a reasonable time until
an authorized municipal representative or law enforcement representatives can transport
the employee from the work site. An employee will submit to a portable breath test if the
presence of alcohol is suspected. The employee will submit to a urine drug screen if the
presence of drugs is suspected.
42B.4 The municipality is committed to providing reasonable accommodation to those
employees whose drug or alcohol problem classifies them as handicapped under federal
law. An employee may be considered handicapped if that employee’s current use of
alcohol or drugs does not prevent the individual from performing the duties of the job in
question, or whose employment would not cause a direct threat to property or safety.
42C. Application
This policy applies to all employees of and to all applicants for positions with the municipality. This policy
applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an
employee’s ability to effectively and safely perform the functions of the job.
42D. Employee Responsibilities
An employee must:
42D.1 Not report to work or be subject to duty while his/her ability to perform job duties is
impaired due to alcohol or drug use, on or off duty;
16
42D.2 Not possess or use, alcohol or drugs (illegal drugs and legal drugs without a prescription)
during working hours or while subject to duty, on breaks, during meal periods or at
anytime while on municipal property;
42D.3 Not directly or through a third party sell or provide drugs or alcohol to any person or to
any other employee while either employee or both employees are on duty or subject to
being called;
42D.4 Notify his/her supervisor, before beginning work, when taking any medications or drugs,
prescription or non-prescription, which may interfere with the safe and effective
performance of duties or operation of municipal equipment;
42E. Management Responsibilities and Guidelines
Department heads and supervisors are responsible for consistent enforcement of this policy.
42E.1 Department heads and supervisors may prevent an employee from engaging in further
work when a department head or supervisor has a reasonable suspicion that an
employee is intoxicated or under the influence of drugs or alcohol. “Reasonable
suspicion” is a belief based on objective and articulate facts sufficient to lead a
reasonable prudent supervisor to suspect that an employee is under the influence of
drugs or alcohol so that the employee’s ability to perform the functions of the job is
impaired or so that the employee’s ability to perform his/her job safely is reduced.
42E.2 For example, any of the following, alone or in combination, may constitute reasonable
suspicion:
a. Slurred speech;
b. Alcohol on breath:
c. Inability to walk a straight line;
d. An accident involving municipal property;
e. Physical altercation;
f. Verbal altercation;
g. Behavior which is so unusual that it warrants summoning a supervisor or anyone
else with authority;
h. Possession of alcohol or drugs;
i. Information obtained from a reliable person with personal knowledge;
42E.3 Department Heads and supervisors shall not physically search employees.
42E.4 Department Heads and supervisors shall notify the appropriate law enforcement agency
when they have reasonable suspicion to believe that an employee may have illegal drugs
in his or her possession or in an area not jointly or fully controlled by the municipality.
42E.5 Department Heads and supervisors shall not confiscate, without consent, prescription
drugs or medications from an employee who has a prescription.
43. EMPLOYEE ASSISTANCE PROGRAM
43A. It is the policy of the City to help employees experiencing behavioral/medical problems which not
only affect their personal lives but often result in poor job performance. The City recognizes alcohol/drug
abuse and addiction and other medical behavioral problems as treatable illnesses. The City also
recognizes that other mental conditions can be successfully treated. Alcohol and drug abuse, behavioral
problems and other mental conditions are defined as a social/medical problem in which the employee’s
job performance is directly impaired. The City’s Employee Assistance Program (EAP) is available to be
17
used for the purpose of helping employees resolve personal problems that adversely affect their personal
lives and job performance.
43B. Any employee who is experiencing personal or medical behavioral problems (i.e., alcoholism,
drug abuse, marital, legal, financial, emotional, family, etc.) is encouraged to voluntarily seek confidential
and professional counseling. The Employee Assistance Program services are available to all employees
and their immediate family members.
43C. The Employee Assistance Program is designed to assist employees regardless of their job title or
responsibilities in obtaining the correct professional help for their needs. Employees may take advantage
of the program by contacting the EAP Counselor as described in the employee orientation sessions and
in the EAP information pamphlet. An EAP counselor is available to assess the employee’s situation and
advise the employee of available alternatives for help. Arrangements will be made for the employee to be
seen by a professional who is specially trained in the problem area.
43D. When performance problems are not corrected with normal supervisory attention, an employee
will be referred to the assessment and referral counselor to determine whether personal problems are
causing unsatisfactory performance. The employee shall be required to cooperate with the prescribed
remedial program. If performance problems are corrected, no further action will be taken. If performance
problems persist, the employee will be subject to normal corrective procedures.
43E. Confidentiality is one of the most important aspects of the program. If the employee contacts the
EAP directly, no one in the Company will know about it, unless the employee tells them. Participation in
the Employee Assistance Program will not jeopardize the employee’s job security nor will it affect future
promotional opportunities. If an employee’s supervisor refers him/her, the EAP counselor will let the
supervisor know if the employee has kept the appointment, and whether he/she has agreed to accept the
help that was offered. No information concerning the nature of the problem will be released without the
employee’s written consent. With this policy, any employee who suspects that he/she has an alcohol,
mental health or drug problem, even in its early stages, is encouraged to seek diagnosis and follow
through with the prescribed treatment as necessary.
43F. There is no charge for the initial assessment. The City will incur such expenses for treatment
and/or hospitalization as provided under the group health insurance program. However, if costs are
incurred for rehabilitation services that are not covered by insurance or other benefits, such costs will be
the responsibility of the employee.
44. SAFETY POLICY
44A. Safety Statement
The City of Brookings will attempt to provide the safest possible working conditions for its employees.
44B. Policy Statement
44B.1 Safety will be given primary importance in planning and operating City activities in order
to protect City of Brookings employees against occupational injuries and illnesses, and to
protect the City against unnecessary financial burden and reduced efficiency.
44B.2 Each employee is responsible for the safety, well being, and safe work conduct of
themselves and those that report to or are assigned to him/her.
44B.3 To carry out this policy, the City will:
18
44B.3.a Maintain safe and healthful working conditions.
44B.3.b Furnish, within reason, the best available mechanical safeguards and
personal protective equipment, where in its judgment, they are needed.
44B.3.c Maintain an active and aggressive program to promote safety
awareness.
44B.3.d Insist that all employees observe established safety regulations and
practices and use the safety equipment provided.
44C. Purpose
Employees of the City of Brookings are considered valuable assets; their safety is of vital concern.
Recognizing its need and responsibility for the safety of its employees, the City considers accident
prevention and safe and healthful working conditions integral parts of an efficient and well run
organization.
44D. Membership of the Safety Committee
44D.1 Membership of the Safety Committee will be composed of one representative from each
of the following departments with equal representation of management and union
employees:
Community Development, Engineering/Airport, Finance, Fire, Human Resources,
Library, Liquor Store, City Clerk, Park/Recreation/Forestry, Police, Solid Waste, and
Street.
44D.2 The Human Resources representative shall be the only permanent representative and
shall be chairperson of the Safety Committee.
44D.3 All other members will serve three year terms with a staggered rotation schedule to
provide continuity.
44D.4 Each year the chairperson will submit a list of proposed candidates to fill vacated
Committee seats to the City Manager for appointment. If a department does not submit a
proposed candidate from their department to serve on the Safety Committee, that
department will not be represented on the committee.
44E. Duties of the Safety Committee
44E.1 The Safety Committee will review the South Dakota First Report of Injury Reports and
Minor Injury reports submitted to the Human Resources Officer during the preceding
month.
44E.2 The Safety Committee shall bring to a department management’s attention the need for
corrective action of any safety and housekeeping problems the Safety Committee deems
necessary. It shall be management’s responsibility to review and/or investigate the
recommendation made and respond to the Safety Committee in writing of the disposition
of the recommendation. If the Safety Committee is not satisfied with the response of
management or has not received a timely response, the issue can be referred to the City
Manager for a final decision on the matter.
19
44E.3 The Safety Committee will investigate complaints of violations of Brookings City safety
procedures and take appropriate action to remedy them.
44F. Seat Belts
The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or
equipment with seat belts and/or harness.
45. STORM POLICY
45A. Prior to the occurrence of inclement weather, the City Manager and Department Heads will
identify those positions and employees that are essential to carry on the City operations and who must be
present at work during a storm. Those employees will be required to report for work via their own means
of transportation or City provided transportation.
45B. Employees who are not identified as being essential to carry on operations shall have the option
of “working or not working”. Those that work must utilize their own means of transportation.
45C. Employees who choose not to work or are unable to work their regular scheduled shift due to
inclement weather will have to utilize vacation leave or leave of absence without pay. Employees whose
absence is four hours or less will have the option of making up the time not worked.
45D. Due to work load or such other conditions as may warrant, the City Manager or Department
Heads may identify additional employees who were not initially identified as an essential employee.
Department Heads may use discretion in calling in additional employees and such employees will be
provided transportation and will be compensated at their regular rate of pay.
45E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice
storm, tornado or any other emergency.
46. HOLIDAYS
46A. It is the policy of the City of Brookings to afford all regular full-time employees ten (10) paid
holidays each year. The City recognizes the following holidays:
New Year’s Day
Martin Luther King, Jr. Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Native Americans’ Day
Veterans’ Day
Thanksgiving Day
Christmas Day
Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar
year at management approval. The holiday does not qualify for payment if not used.
All allowed holiday pay shall be defined as eight (8) hours of compensation to be used based on
employees regular rate of pay and cannot be used in less than 8 hour increments.
46B. If the designated holiday falls on a Saturday, the preceding Friday is observed, and if the
designated holiday falls on Sunday, the following Monday is observed (except for shift workers).
20
46C. Employees scheduled to work on any one of the 10 above listed holidays will be paid time and
one-half for the number of hours actually worked as well as 8 hours of Holiday Pay to cover the payment
of the above benefit.
46D. If an employee is on a scheduled day off when a holiday is observed, the employee will be given
an alternate day off in honor of the specific holiday within 180 days from the date of the holiday. Payment
for the 8 hours of holiday pay will be given at that time.
46E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that
day as vacation.
46F. An employee who is on paid leave of absence will be eligible for holiday pay for a designated
holiday observed during the leave of absence.
46G. An employee who is on unpaid leave of absence will not be eligible for holiday pay for a
designated holiday observed during the leave of absence.
46H. An employee scheduled to perform work on a designated holiday who does not report and is not
excused will forfeit the holiday. Further, the an employee must work their last full scheduled shift
preceding the holiday with an unexcused absence from the employee’s scheduled shift immediately
prior to or and their full scheduled shift after the holiday after a designated holiday or equivalent day
off, will not be to be paid for the holiday. If in the event the employee utilizes sick leave for any of the
aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent.
46I. Employees who are scheduled to work on their normal day off due to a holiday, without a seven
(7) calendar day written notice of a schedule change, will be given an additional eight (8) hours off with
pay to be used within 180 days of the day on which it was earned and to be scheduled with the approval
from the employee’s department head.
46J. Holiday pay shall not be used in the computation of overtime.
47. VACATION LEAVE
47A. It is the policy of the City of Brookings to grant vacations with pay to provide regular full-time
employees with periods of rest and recreation in recognition of services performed. Vacation leave for
eligible employees for each vacation year is based upon length of service.
47B. Employees will accrue vacation in accordance with the following schedule:
Date of hire through five years - 6.67 hours per month
After five but less than 10 years of service - 10.00 hours per month
After ten but less than 20 years of service - 13.33 hours per month
After twenty years of service - 16.67 hours per month
Vacation leave shall be earned and credited to employees on the last day of each month, provided all
other necessary provisions of this article have been met. Said vacation leave shall not be available to
employees until after it has been earned and credited.
In order to earn the accrual of vacation leave in a given month, the employee must work or use paid leave
for at least 50% of the hours payable in the payroll month.
47C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the
discretion of the Department Head. Employees may accumulate up to two hundred eighty (280) hours
(35 days) of vacation. Cash payments in place of vacation privileges are not permitted unless the
employee is discontinuing employment.
21
47D. The accrual date for vacation is the employee’s hire date.
47E. Employees may use accrued vacation during their probationary period, however, the employee
may not use more hours than in vacation accrual balance. If employee leaves employment prior to the
end of the introductory period, any vacation used during this period must be repaid to the City of
Brookings.
47F. Employees granted unpaid leave of absence in excess of one-half month will not accrue any
leave for that month.
47G. Employees will not receive additional vacation time off due to illness of disability occurring while
on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a
change.
47H. Requests for vacation leave must be approved by the employee’s Department Head prior to the
time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests will
normally be granted at the time requested by the employee, unless operational necessity requires full
staff.
47I. Employees who are laid off or discharged, who resign or retire after giving two week’s notice to
the City, or who are called to military service, shall receive payment of such vacation time as is due them,
computed on a pro-rata basis according to the time worked during the current vacation year.
47J. Vacation leave can be taken during foul and dangerous weather, travel during which is
hazardous or not recommended by local authorities. This leave will be granted with the approval of the
Department Head.
47K. Vacation will be granted on a first come - first serve basis. In the event vacation is requested at
the same time by more than one employee simultaneously for the same time period, seniority
provisions shall prevail.
47L. Employees requesting vacation leave shall be notified that their request has been granted or
denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact
the Department Head directly for such determination.
48. SICK LEAVE
48A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an
illness or disability which prevents them from performing their assigned duties.
48B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to
accrue at the rate of twelve (12) hours per month. Employees may accumulate up to 260 days (2,080
hours) of sick leave.
48C. After ten (10) years of service and upon termination of employment other than discharge, any
unused accumulated sick leave will be paid at ten percent (10%) at the base hourly rate and one percent
(1%) additional for each year of service beyond ten (10) years, up to 1,440 hours maximum accumulated
sick leave.
48D. Requests for sick leave must be approved by the Department Head prior to the employee’s
normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the
circumstances surrounding the absence made the reporting before normal starting time impossible.
Upon returning to work, the employee shall notify his/her supervisor of his/her recovery.
22
48E. Sick leave shall be earned and credited to employees on the last day of each month, provided all
other necessary provisions of this article have been met. Said sick leave shall not be available to
employees until after it has been earned and credited.
In order to earn the accrual of sick leave in a given month, the employee must work or use paid leave for
at least 50% of the hours payable in the payroll month.
48F. Accrued sick leave may be used during the employee’s probationary period.
48G. Sick leave shall be paid at the employee’s regular hourly rate, and employees may use sick leave
in no less than one-fourth (1/4) hour increments.
48H. The use of three (3) consecutive working days of sick leave may require verification by a medical
doctor and should be turned in to the Department Head.
48I. Employees shall be charged for sick leave only for absence on days when they would otherwise
work.
48J. The accrual date for sick leave is the last working day of the month.
48K. Sick leave shall be granted to employees:
48K.1 when they are incapacitated for the performance of their duties due to illness to include
birth of a child, injury, and injury not incurred in the course of their employment;
48K.2 for medical, dental, and optical examinations or treatments, provided the employee gives
the City one (1) week notice of such appointment, except in cases of emergency;
48K.3 when an employee or ward child is sick or when a member of the immediate family is sick
and requires the care and/or attendance of the employee during scheduled work hours;
or immediate family is defined as spouse, son or daughter, parent or spouse’s parent,
brother or sister, and dependent(s) residing in the employee’s home to include step-
relatives in the same categories. After three consecutive sick days, the employee’s
department manager may require a doctor’s statement specifying the requirement of care
and/or attendance.
48K.4 when, through exposure to a contagious disease, the presence of the employee at
his/her post of duty would jeopardize the health of others, provided, however, that sick
leave for these purposes shall require a verification by a medical doctor’s certificate.
48K.5 for up to twenty (20) working days of paid sick leave for placement of a child for
adoption and up to three working days of paid sick leave for the father employee of
newborn child(ren) to assist with care and/or delivery. If employee is eligible for the
provisions of the Family Leave Act, he/she can request additional time off without pay up
to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover
additional FMLA leave period.
49. SPECIAL LEAVE
Leave with Pay
The Department Head will grant a leave of absence with pay to regular full-time employees for the
following reasons and with these restrictions applied:
49A. Funeral
23
The City will permit any regular full-time employee to be absent from work without loss of pay, based on
his/her regular straight time pay for three (3) basic scheduled work days to arrange for and attend the
funeral for a member of the immediate family or a relative. Pay shall be granted ten (10) hours for
employees on ten (10) hour shifts and eight (8) hours for employees on eight (8) hour shifts, maximum
forty (40) hour week plus authorized overtime. Additional time beyond the three days may be charged to
vacation or sick leave at the discretion of the Department Head. Immediate family for bereavement leave
includes: spouse, parents, children, siblings, grandparents, grandchildren, spouse’s parents, son-in-law,
daughter-in-law, brother-in-law or sister-in-law. The bereavement benefit will also be granted for step-
relatives in these same categories. In the event of a funeral of a family member not included within the
relative or immediate family definition or a close friend, an employee may take a reasonable amount of
time off with pay to be charged as vacation or sick leave. Bereavement leave may be used during the
employee’s probationary period and used in no less than one-fourth (1/4) hour increments.
49B. Voting
Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of
such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent
him/her from voting before or after regular working hours.
49C. Jury or Court
If any employee is called for jury duty, he/she shall continue to be paid at his/her regular rate. Upon
returning to work, he/she shall reimburse the City for the amount received for jury duty for each day of
absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty.
49D. Firefighters and Honor Guard
If any employee is called to a fire as a volunteer firefighter or required to serve as Honor Guard in the
immediate Brookings area, he/she shall continue to be paid at his/her regular rate.
50. MILITARY LEAVE
50A. Regular full-time employees serving in the Military Reserve, S.D. Army National Guard, Air
National Guard, or Naval Militia will be granted paid leave of absence when they are called out for active
service. They shall be paid a pay supplement by the City so that the supplement combined with their
service pay shall equal their regular rate of pay from the City. If such service exceeds two (2) weeks, the
City will not supplement the pay; however, there will be no loss of seniority, and employees may utilize
vacation leave. In the event of a mandatory call up for a national or state emergency, differential pay will
be paid for four (4) weeks. In the event an employee volunteers or it is deemed mandatory for temporary
duty (TDY), differential pay will be compensated for up to five (5) working days. The above periods of
times considered for differential pay will be per calendar year. Differential pay shall include quarters
allowance, in addition to base pay.
50B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active
duty.
50C. All applications for military leave must be approved by the Department Head and City Manager.
The request must be accompanied by a signed copy of the military orders.
50D. Employees having attained seniority with the City, who are compelled by Federal and/or State
Law to serve in military forces during a period of war or emergency shall:
50D.1 Continue to accumulate seniority with the City during his/her absence.
50D.2 Give the City written notice within ninety (90) days after he/she is eligible for discharge
from the service of his/her desire to return to work. The date he/she desires to return to
work shall be contained in such written notice and shall not be later than ninety (90) days
after he/she is eligible for discharge.
24
50D.3 After provisions in the above section 2 have been carried out, the employee shall return
to work provided he/she is physically qualified to do so and the regular rules of seniority
shall prevail.
51. MEDICAL LEAVE OF ABSENCE
51A. City of Brookings employees must complete medical leave of absence paperwork for all medical
related time away from work which exceeds or is expected to exceed 7(seven) calendar days.
Employees with sick leave accrual in his/her balance may use sick leave for absences with a doctor’s
certification of the inability to work. Employees anticipating the need for a medical leave of absence will
be allowed to work until a doctor’s statement is received indicating that the employee has restrictions for
which the employer is unable to accommodate. If the City is unable to accommodate restrictions and/or
the employee is unable to perform the essential functions of his/her position, the employee may be
involuntarily placed on sick leave as a reasonable accommodation.
51B. The City of Brookings and the Union agree to comply with guidelines set forth in the Family
Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the
law.
51C. Employees who have not accumulated a sufficient amount of sick leave to use during the medical
leave of absence will have to utilize vacation leave. Upon exhaustion of vacation leave, a leave of
absence without pay may be requested. The employee shall be allowed to take a medical leave of
absence with pay until his/her sick leave is exhausted as long as the employee has a physician’s
certification stipulating the inability to perform job duties.
51D. A leave of absence for the birth of a child shall be treated as any other illness or temporary
disability.
52. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE
The Department Head, with the approval of the City Manager, may grant educational leave to
employees requesting leave for continuing education or training for durations of ten (10) working days or
more. Approval of such leave, the length of time paid, and the amount of pay received will depend on the
directness of the relationship of the education or training to the duties of the employee and the projected
needs of the City. An employee must have worked for the City for a period of two (2) years in order to
qualify for educational leave. The employee must agree to return to work for a period of two (2) months
for each month of educational leave taken. An employee requesting to attend college classes which may
interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager,
Human Resources Director, and City Manager. A determination will be made to determine if request will
be approved or denied based on potential problems associated with being away from work, and need for
educational growth in the City of Brookings relative to major being pursued.
53. INJURY LEAVE
An employee injured while on the job must promptly notify his/her Department Head or supervisor. All
medical and hospital expense shall be paid for in accordance with Worker’s Compensation and the City
policy. The City policy in injury leave shall be to compensate the employee up to a maximum of 960
hours per injury, for those injuries which qualify for Workers Compensation lost time benefits, at the rate
of pay he/she was making at the time of accident, less the amount he/she receives from Worker’s
Compensation. Injury leave availability shall include return of leave for any other leave taken during the
initial seven consecutive day waiting period. After the 960 hours per accident, the employee may elect to
use accumulated sick leave and/or vacation credits to continue receiving his/her full pay. Should the
employee not elect such action or should he/she exhaust all accumulated credits, he/she may apply for
disability under provisions of the Worker’s Compensation Act or the Retirement Fund. Once the
25
employee is no longer receiving full compensation from the City, he/she will be eligible to receive
compensation payable under the Worker’s Compensation Act in addition to eligible retirement benefits.
All vacation, sick leave and holiday leave earned while on injury shall accrue at the employee’s regular
rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s
Compensation and/or results in lost time of less than seven consecutive days, the employee will be
required to utilize sick, vacation, or leave without pay for those days which they are absent from work.
Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor
appointments, etc. once seven day loss time requirement has been met.
54. LEAVE WITHOUT PAY
54A. Regular full-time employees may request and may be granted a leave of absence without pay for
personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to
the approval of their Department Head, Human Resources Director and City Manager and providing all
vacation leave and/or sick leave has been exhausted.
54B. Leave without pay must be requested in writing stating the circumstances in full as to why such
leave is requested. This request must be submitted to the employee’s immediate supervisor prior to the
leave.
54C. The request will be considered on the basis of the present work load or anticipated work load,
and the circumstances of the request.
54D. A leave of absence without pay will not be granted to seek other employment. Leave of absence
without pay is a benefit offered to employees who have exhausted their vacation and/or sick leave.
Employees on a leave of absence for less than sixty (60) calendar days will continue to accrue seniority,
and their job may be held for them. Employees on a leave of absence in excess of one-half month will
not accrue any leave for that month and must pay for the entire cost of insurance if they wish to continue
coverage. No other benefits will be provided by the City during a leave of absence without pay. An
employee’s anniversary date will not be affected unless the leave of absence is in excess of sixty (60)
calendar days; then the anniversary date will be changed according to the number of days the employee
is absent from work without pay.
54E. Any other leave of absence that is not covered in this contract shall be determined on an
individual basis by the City Manager.
55. ABSENTEEISM
55A. Employment is a matter of mutual agreement. In return for offering a reasonably reliable income,
the City is entitled to reasonably reliable performance. The City has the right to expect that employees
will be present, ready to work, when and where they are assigned.
55B. Employees who are absent from work shall be responsible for notifying their supervisor when
they are absent and when they will report back to work. Disciplinary action shall be taken if employees
fail to comply with City rules.
55C. Absence of any City employee that is not authorized shall be without pay. Any employee who
absents himself/herself for three (3) consecutive days without leave shall be deemed to have resigned.
55D. Departure from assigned work schedules must be requested and approved in advance by the
employee’s immediate supervisor.
56. TRAVEL
The City of Brookings encourages management and non-management staff to attend and
participate in professional meetings, training seminars, and educational courses.
26
56A. Authority - The Department Head must will approve all same day travel in the State of South
Dakota. The Department Head and City Manager must will approve all overnite overnight travel and
travel outside the State of South Dakota. It is the responsibility of the Department Head to request travel
as far in advance as possible. Employees who attend training outside of the department will be
compensated for a maximum of eight (8) hours per day on those days they are attending training,
unless otherwise approved in advance by Department Head, based upon FLSA guidelines.
56B. Travel Route - The most direct route shall be traveled, and costs thereof shall be reimbursed to
the employee for pre-approved travel as provided by the City travel policy.
Any additional travel for personal convenience while enroute which interrupts the direct travel route shall
be at the expense of the individual. If extra time is involved in addition to normal travel time, vacation
leave must be utilized.
56C. Travel Expenses - Employees shall be reimbursed for all reasonable expenses incurred in the
line of duty as provided by the City travel policy. Mileage will be paid in accordance with current City
schedules. In no instance will the City travel rates be less than the South Dakota State rates.
56D. Travel Advance - The City of Brookings employees may request and may be advanced money for
reimbursement of personal expenses incurred in official City business travel prior to their departure.
56D.1 Employees must show that special circumstances such as the duration of the trip, the amount
expected to be spent, etc., exists, and would pose a hardship to him/her. Approval from the City
Manager must be received before an advance payment can be made.
56E. Administrative Procedure - All claims for reimbursement shall be submitted on the authorized
travel form after completion of travel. Receipts for lodging, incidentals, modes of travel, registration fees,
etc., must be attached to the travel form.
56E.1 Reimbursement for travel by use of a private vehicle must be accompanied by the miles claimed.
56E.2 Travel claims must be filed within thirty (30) days for reimbursement.
57. VOLUNTEER FIRE DEPARTMENT TRAINING
Regular full-time employees who are members of the Brookings Volunteer Fire Department may
attend Fire Training Programs or schools if approved by the Department Head. Employees’ vacation time
shall be used for these training programs or schools. Expenses and per diem allowances shall be paid
by the Brookings Fire Department as provided in the Volunteer Fire Department Training Policy. In a fire
emergency, regular full-time employees who are members of the Brookings Volunteer Fire Department
may request up to 15 work days off without pay per calendar year to assist other areas if appropriate
documentation is presented to substantiate the need for the leave. Such time off would not affect the
accrual of benefits for the month.
58. LICENSES AND CERTIFICATES
58A. The City of Brookings has established several positions which require a license or certificate as a
minimum qualification. As a benefit to employees, the City will reimburse the employee for expenses and
fees required to obtain a license or certificate. The City, however, will only reimburse costs for the first
three (3) attempts at securing a license or certificate.
58B. City employees who attend license or certificate training sessions in excess of four (4) weeks in
duration shall be required to sign a statement prior to attending the training, guaranteeing the City an
additional two (2) years of service. Employees who fail to return a total of two (2) years of service shall
27
reimburse the City a prorated share of the total cost. Cost of the training shall include transportation,
room and board, and the cost of the training session.
59. EDUCATIONAL MATERIAL
The City of Brookings is interested in keeping employees up-to-date on the latest technical
advances. Therefore, educational material that is available and will assist City employees in performing
their job duties may be purchased by the City.
60. BREAK TIME
60A. The lunch period is one (1) hour in length during an eight (8) hour working day, unless mutually
agreed otherwise. The lunch period should be taken sometime midway through the employee’s work
shift.
The department manager and/or supervisor retains the right to schedule employee’s lunch and rest
periods to fulfill the operational needs of the various work units.
60B. Rest breaks will be granted twice daily during 8 and 10 hour work shifts and three times daily for
12 hour work shifts at the Ice Arena for twenty (20) minutes each. Rest periods may not be accumulated
for time off or used to leave work early.
61. MISCELLANEOUS
61A. Employees may maintain residence outside the city limits.
61B. Employees may request time off without pay.
61C. Physical Fitness
It shall be the responsibility of each employee to maintain the standards of physical fitness and condition
required to perform his/her job. Whenever a Department Head suspects the physical condition of an
employee is endangering his/her own health or the safety of his/her fellow workers, he/she may request
the employee to submit to a medical examination by his/her physician without expense to the employee
for the purpose of determining whether the physical condition of the employee may affect job
performance of the employee or the safety of his/her fellow workers.
61C.1. The City will reimburse regular, full-time employees 50% of the monthly membership fee,
up to a maximum of $20.00, at a locally accredited wellness/fitness center. To be eligible
for reimbursement, the employee must present proof of attendance of an average of two
(2) times per week or eight (8) times per month during that month which is to be
reimbursed. The City will not participate in any way in initiation fees.
61D. Degree of Illness or Injury
Employees shall be responsible for reporting to their Department Head or Supervisor any diagnosed
illness or injury that may affect their job performance or the safety of his/her fellow workers.
62. UNIFORMS AND EQUIPMENT
62A. In positions requiring additional gear, it shall be provided for employees by the City. Employees
are responsible to turn in worn-out clothing or defective equipment to their supervisor prior to being
issued new replacements.
62B. Uniforms and equipment is a proper topic for committee for union management cooperation.
28
63. STANDBY TIME
63A. Beginning January 1, 2007, when any employee is designated to be on call or standby for a
period of one (1) week, he shall receive, in addition to his regular salary, fifteen dollars ($15.00) per day
for contract year 2010 and twenty ($20.00) per day effective January 1, 2011, plus time and one half
for any hours worked, while working standby. Employees scheduled to be on standby Saturday, Sunday
or any scheduled holiday, shall receive twenty dollars ($20.00) per day for contract year 2010 and
twenty ($25.00) for Saturday, Sunday, or any scheduled holiday effective January 1, 2011. He/she
shall not be scheduled more often than once each month on a rotation basis, unless the employees work
under another arrangement, acceptable to the department head and City Manager. If a standby service
should fall on a regularly authorized holiday, the employee shall receive salary for that day in addition to
the standby pay for that period.
63B. Employees on Standby are expected to be available for duty at any time in the same condition as
would normally be expected of an employee for the performance of their duties. Individuals must be
constantly available for contact by phone or by pager (with pager to be provided by the City) and are
expected to report for duty within thirty (30) minutes barring unforeseen circumstances not within their
control.
63C. When an employee is required to act as supervisor in charge of the Street Department due to the
absence of the Street Superintendent, that individual will be compensated, in addition to his regular
salary, a daily rate of twenty-five dollars ($25.00) per day on weekdays (Monday through Friday) for
contract year 2010 and thirty-five ($35.00) per day effective January 1, 2011 and $35.00 per day on
weekends (Saturday and Sunday) and city recognized holidays for contract year 2010 and fifty
($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1,
2011.
64. SHIFT DIFFERENTIAL
64A. All hours worked after 6:00 PM until the next normally scheduled work day start time, shall be
paid at the applicable rate plus fifty cents ($0.50) an hour until the completion of the shift.
64B. Employees working from 6:00 PM Friday until the next scheduled shift start time on Monday and
day time hours on holidays, shall receive fifty cents ($0.50) per hour additional.
65. CALL-IN
Employees who are requested to report for work during hours when they are normally scheduled
to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours of work or two (2) hours
pay in lieu of work. This minimum shall not apply to work performed immediately before or immediately
after an employee’s regular work shift.
66. HAZARDOUS PAY
When an employee of the Forestry Department is working with the trimming trees requiring the
use of aerial bucket and/or ropes, the removal of trees, or around overhead electrical distribution lines,
or while operating a wood chipper or stump cutter; or an employee is required to work on the ground near
the “front end loader grappling forks; or an employee is required to work with the asphalt recycling unit,
steamer, or the oilers in the Street Department, that employee shall, in addition to his regular pay, receive
hazardous pay for all times spent in said hazardous duty of Two Dollars and Seventy-Five Cents ($2.75)
per hour for 2002 and after.
67. COMPENSATION TIME
29
Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-
half (1 1/2) or designate comp time upon approval of Department Head in lieu of pay at the rate of time
and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar
year to the next is forty (40) hours. Use of comp time must be approved by the Department Head and
may not result in overtime needing to be paid to cover a shift.
68. LONGEVITY
68A. Regular full-time employees shall be eligible for longevity pay based upon length of full-time
continuous service with the City of Brookings. Length of service shall be the full number of years of
service as of the hire date of the employee’s employment. Years of service must be continuous years of
service.
68B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be
made. In order to earn the payment of longevity in a given month, the employee must work or use paid
leave for at least 50% of the hours payable in the payroll month. Employees will be granted their new
monthly longevity rate within the month that their anniversary of continuous employment falls.
68C. Beginning January 1, 2007, Tthe amount of longevity pay shall be at the rate of $6.00 per month
per year with a cap of 30 years after completing five (5) years of continuous full-time employment.
EXAMPLES: 5 years of employment $30.00 per month
8 years of employment $48.00 per month
10 years of employment $60.00 per month
69. WAGES (See Appendix A - attached)
69A. Commencing January 1, 2010 2007, there shall be a _2% 3.4% increase to the City of Brookings
Pay Plan.
69B. Commencing January 1, 2011 2008, there shall be a _3% 3.25% increase to the City of
Brookings Pay Plan.
69C. Commencing January 1, 2012 2009, the Pay Plan will be adjusted by the average percentage
of the six months (December 2010 to May 2011) of the Consumer Price Index – Midwest Region
with that rate being no lower than 2.5% and no higher than 3.75%.
70. DEFINITIONS
As used in this document, the following words and terms, unless the context clearly requires otherwise,
shall have the meaning as indicated.
70A. Grade or Class of Positions - A group of positions sufficiently alike in duties, authority and
responsibility to justify the same title, qualifications and schedule of pay to all positions in this group.
70B. Compensation - All forms of valuable consideration, including salaries or wages earned by or
paid to any employee by reason of service in a position with the City.
70C. Demotion - An involuntary change in classification of an employee from a position in one class
title to a position in another class title having a lower entry level salary. (This definition shall not include
down-grades.)
70D. Voluntary Reclassification - The voluntary classification of an employee from a position in one
class title to a position in another class title having a lower entry level salary.
30
70E. Relative - The employee’s grandparents, grandchildren, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law, and members of the immediate family. Step relatives are
also included in above classifications.
70F. Immediate Family - The employee’s spouse, parents, spouse’s parents, son or daughter, brother,
sister, step-parents, step-brother, step-sister, step-children and/or legal guardian or ward.
70G. Discharge - The permanent involuntary separation of an employee from his/her position for
cause.
70H. Employee - A person legally occupying a position with the City or on authorized leave of absence
from such service. Elected officials and members of appointed Boards and Commissions shall not be
considered as employees, nor shall the provisions of this document be applicable.
70I. Probationary Period - A working test period of six (6) months during which an employee is
required to demonstrate his/her fitness for the duties to which he/she is appointed by actual performance
of the duties of the position.
70J. Promotion - A change in the position of an employee from one grade to a position in another
grade having a higher maximum salary range. (This definition shall not include upgrades.)
70K. Transfer - The change of an employee from one position to another position in the same grade or
another grade having the same maximum salary range, involving the performance of similar duties and
requiring substantially the same basic qualifications.
70L. Hire Date - The hire date will be the date upon which an individual became a regular full-time
employee. That date does not change with any changes of duties. If an individual is re-employed, only
the date of his/her current re-employment shall serve as the official date of employment for all personnel
transactions, except for employees who have re-employment rights due to layoff.
70M. Anniversary Date - The anniversary date is the date in which an individual becomes employed
within a current job description. The anniversary date would not change unless there was a promotion or
transfer during their employment. If a promotion was received within the same department, their
anniversary date would change to the date in which the promotion was effective. The anniversary date
would also change if they transferred from a position within one department to a different position within
another department. There would be no change in the anniversary date in a situation in which an
employee’s job description is re-evaluated due to a change in duties, etc. Under that circumstance, the
anniversary date would remain at the date in which the employee entered his/her position.
70N. Reclassification - The change in the duties and responsibilities of a position involving either the
addition of new assignments or the taking away or modification of existing assignments which causes a
change in the class title of the position.
70O. Department Heads - Those persons appointed by the City Manager to manage and administer
the work and personnel of their respective departments. They shall consist of the City Clerk, Community
Development Director, Human Resources Director, Finance Manager, City Engineer, Liquor Store
Manager, Street Superintendent, Director of Solid Waste Management, Fire Chief, Parks and Recreation
Director, and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed by
the Library board.
71. DURATION
71A. This Agreement shall be in full force and effect from January 1, 2010 2007, up to and including
December 31, 2012 2009, and shall supersede any prior Agreements between the parties, and shall
31
continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the
Agreement is served by either party upon the other by July 1, 2012 2009.
71B. When no cancellation or termination is served and the parties desire to continue said Agreement
but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other
a notice prior to the first day of July of the current contract year, advising that said party desires to revise
or change terms or conditions of said Agreement.
CITY OF BROOKINGS GENERAL DRIVERS AND HELPERS
UNION, LOCAL 749
____________________________ ______________________________
City Manager Secretary-Treasurer
____________________________ ______________________________
Date Date
32
APPENDIX A
OFFICIAL SALARY SCHEDULE
FOR THE YEAR 2010-2012 2007-2009
Explanation of Schedule
There are six (6) steps for each non-Department Head position in the Salary Schedule. These
rates shall be the minimum and maximum rate for the position. New employees will normally be
hired at Step “A” in the appropriate classification unless experience and qualifications justify
beginning above the minimum. All new employees shall be granted a probationary appointment
for a period of six (6) months. This probationary period is a working test during which the new
employee must satisfactorily demonstrate his/her ability to perform his/her duties. If employee
does not satisfactorily demonstrate his/her ability to perform his/her duties by the end of
the probationary period, the employee may be terminated or probationary period
extended up to an additional six (6) months with a determination of pay increase held
until the expiration of that extension. In accordance to this agreement and upon completion
of the probationary period, the probationary employee may will be reclassified to regular full-
time and advance to the next higher step in grade based upon successful job performance.
After completing an additional six (6) months, the employee may will advance to the next higher
step in grade based on satisfactory job performance and successful completion of each
additional year of employment through step “F”.
Occupational List of Class Titles
Management Supervisory Series
This series consists of those positions having a combination of assigned management tasks
and the responsibility of supervising full-time personnel.
Title Grade
Sanitation Collector Supervisor 7
Forestry Supervisor-Arborist 8
Park Supervisor 8
Professional Series
The positions in this series are distinguished by special requirements of education or training.
They may be assigned management tasks and typically have a high degree of public contact.
Title Grade
Code Enforcement Officer 8
Engineering Technician I 9
Engineering Technician II 11
Maintenance and Equipment Operator Series
Positions allocated to this series have classifications and duties involving the maintenance of
public streets, parks and require the operation and/or repair of specialized equipment. The
series also includes Apprenticeship positions.
Title Grade
General Laborer 3
Sanitation Collector 6
Solid Waste Inspector 6
Solid Waster Worker 6
Airport Operations/Maintenance Technician 6
Park Technician 6
33
Forestry Technician 6
Street Maintenance Technician 6
Equipment Operator 6
Building Trades Technician 6
Advanced Equipment Operator 7
Solid Waste Technician/Equipment Operator 7
Landfill Advanced Equipment Operator 7
Building Trades Specialist 8
Shop Supervisor & Mechanic 8
Traffic Control Supervisor 8
Heavy Equipment Operator-Street 8
Clerical Series
This series consists of positions which involve office and clerical work with experience in typing,
basic bookkeeping and record maintenance. Employees occupying these classifications
generally assist the public either directly or over the phone and operate standard office
equipment.
Title Grade
Landfill Scale Operator 3 2
Municipal Liquor Store Clerk 3
Senior Secretary-Engineer 5
Executive Assistant - Engineering 7
Office Manager-Park, Rec & Forestry 7
Office Manager-Streets 7
Accounting Officer – Park, Rec & Forestry 8
Accounting Officer II - Liquor 8
Solid Waste Coordinator 9
Position Allocation and Classification Plan
Job Descriptions have been prepared and are on file with the Human Resources Director for
each of the above titles. Every full-time employee is classified by these Job Descriptions.
Movement from one classification to another requires the approval of the City Manager and
must be consistent with the provisions to this agreement.
Library
The Brookings Library Board has the authority to appoint and employ all Library personnel. The
class codes, class titles and job descriptions are uniform with the City Occupational
Classifications and pay grades.
Title Grade
Circulation Assistant II-Technical Services Assistant 4
Interlibrary Loan Services Coordinator 4
Administrative Assistant/Library 5
Community Services Coordinator 5
Circulation Manager 6
Children’s Service Coordinator 9
Adult Services Librarian 11
Technology Services Librarian 11
34
CITY OF BROOKINGS
2007 Pay Plan Schedule
PAY STEP STEP STEP STEP STEP STEP
GRADE POSITION TITLE A B C D E F
1 $ 10.32 $ 10.73 $ 11.16 $ 11.60 $ 12.08 $ 12.55
2 Landfill Scale Operator $ 10.95 $ 11.38 $ 11.83 $ 12.30 $ 12.80 $ 13.31
3 General Laborer $ 11.59 $ 12.07 $ 12.54 $ 13.05 $ 13.57 $ 14.10
Cashier/Clerk - Liquor Store
4 Circulation Assistant/Tech Serv. $ 12.29 $ 12.79 $ 13.30 $ 13.83 $ 14.38 $ 14.96
Circulation Assistant/ILL
5 Community Service Coordinator $ 13.03 $ 13.56 $ 14.09 $ 14.66 $ 15.25 $ 15.85
Administrative Asst. - Library
Senior Secretary - Engineering
6 Circulation Manager $ 13.81 $ 14.36 $ 14.94 $ 15.53 $ 16.16 $ 16.80
Airport Operations/Maintenance
Tech/Maintenance Technician -
Streets
Parks Technician
Forestry Technician
Equipment Operator
Sanitation Collector
Building Trades Technician
Solid Waste Inspector
7 Executive Assistant - Engr. $ 14.64 $ 15.23 $ 15.83 $ 16.47 $ 17.13 $ 17.82
Office Manager - Streets
Office Manager - P,R, F
Solid Waste Technician/Equip
Oper.
Advanced Equipment Operator
Sanitation Leadworker
8 Heavy Equipment Operator $ 15.52 $ 16.14 $ 16.79 $ 17.46 $ 18.16 $ 18.88
Code Enforcement Officer
Parks Leadworker
Forestry Leadworker
Shop Supervisor/Mechanic
Accounting Officer - Liquor Store
Building Trades Specialist
35
Traffic Control Supervisor
9 Solid Waste Coordinator $ 16.45 $ 17.11 $ 17.80 $ 18.51 $ 19.25 $ 20.02
Children's' Service Coordinator
Engineering Technician I
10
11 Technology Services Librarian $ 18.49 $ 19.22 $ 20.00 $ 20.79 $ 21.63 $ 22.49
Adult Librarian
Engineering Technician II
12 $ 19.59 $ 20.38 $ 21.19 $ 22.04 $ 22.92 $ 23.84
13 $ 20.77 $ 21.60 $ 22.47 $ 23.36 $ 24.30 $ 25.27
36
CITY OF BROOKINGS
2008 Pay Plan Schedule
PAY STEP STEP STEP STEP STEP STEP
GRADE POSITION TITLE A B C D E F
1 $ 10.66 $ 11.08 $ 11.52 $ 11.98 $ 12.47 $ 12.96
2 Landfill Scale Operator $ 11.31 $ 11.75 $ 12.21 $ 12.70 $ 13.22 $ 13.74
3 General Laborer $ 11.97 $ 12.46 $ 12.95 $ 13.47 $ 14.01 $ 14.56
2 Cashier/Clerk - Liquor Store
4 Circulation Assistant/Tech Serv. $ 12.69 $ 13.21 $ 13.73 $ 14.28 $ 14.85 $ 15.45
Circulation Assistant/ILL
5 Community Service Coordinator $ 13.45 $ 14.00 $ 14.55 $ 15.14 $ 15.75 $ 16.37
Administrative Asst. - Library
Senior Secretary - Engineering
6 Circulation Manager $ 14.26 $ 14.83 $ 15.43 $ 16.03 $ 16.69 $ 17.35
Airport
Operations/Maintenance Tech
Maintenance Technician -
Streets
Parks Technician
Forestry Technician
Equipment Operator
Sanitation Collector
Building Trades Technician
Solid Waste Inspector
7 Executive Assistant - Engr. $ 15.12 $ 15.72 $ 16.34 $ 17.01 $ 17.69 $ 18.40
Office Manager - Streets
Office Manager - P,R, F
Solid Waste Technician/Equip
Oper.
Advanced Equipment Operator
Sanitation Leadworker
8 Heavy Equipment Operator $ 16.02 $ 16.66 $ 17.34 $ 18.03 $ 18.75 $ 19.49
Code Enforcement Officer
Parks Leadworker
Forestry Leadworker
Shop Supervisor/Mechanic
Accounting Officer - Liquor
37
Store
Building Trades Specialist
Traffic Control Supervisor
9 Solid Waste Coordinator $ 16.98 $ 17.67 $ 18.38 $ 19.11 $ 19.88 $ 20.67
Children's' Service Coordinator
Engineering Technician I
10
11 Technology Services Librarian $ 19.09 $ 19.84 $ 20.65 $ 21.47 $ 22.33 $ 23.22
Adult Librarian
Engineering Technician II
12 $ 20.23 $ 21.04 $ 21.88 $ 22.76 $ 23.66 $ 24.61
13 $ 21.45 $ 22.30 $ 23.20 $ 24.12 $ 25.09 $ 26.09
38
CITY OF BROOKINGS
2009 Pay Plan Schedule
PAY STEP STEP STEP STEP STEP STEP
GRADE POSITION TITLE A B C D E F
1 $ 11.01 $ 11.44 $ 11.89 $ 12.37 $ 12.88 $ 13.38
2 Landfill Scale Operator $ 11.68 $ 12.13 $ 12.61 $ 13.11 $ 13.65 $ 14.19
3 General Laborer $ 12.36 $ 12.86 $ 13.37 $ 13.91 $ 14.47 $ 15.03
Cashier/Clerk - Liquor Store
4 Circulation Assistant/Tech Serv. $ 13.10 $ 13.64 $ 14.18 $ 14.74 $ 15.33 $ 15.95
Circulation Assistant/ILL
5
Community Service
Coordinator $ 13.89 $ 14.46 $ 15.02 $ 15.63 $ 16.26 $ 16.90
Administrative Asst. - Library
Senior Secretary - Engineering
6 Circulation Manager $ 14.72 $ 15.31 $ 15.93 $ 16.55 $ 17.23 $ 17.91
Airport
Operations/Maintenance Tech
Maintenance Technician -
Streets
Parks Technician
Forestry Technician
Equipment Operator
Sanitation Collector
Building Trades Technician
Solid Waste Inspector
7 Executive Assistant - Engr. $ 15.61 $ 16.23 $ 16.87 $ 17.56 $ 18.26 $ 19.00
Office Manager - Streets
Office Manager - P,R, F
Solid Waste Technician/Equip
Oper.
Advanced Equipment
Operator
Sanitation Leadworker
8 Heavy Equipment Operator $ 16.54 $ 17.20 $ 17.90 $ 18.62 $ 19.36 $ 20.12
Code Enforcement Officer
Parks Leadworker
39
Forestry Leadworker
Shop Supervisor/Mechanic
Accounting Officer - Liquor
Store
Building Trades Specialist
Traffic Control Supervisor
9 Solid Waste Coordinator $ 17.53 $ 18.24 $ 18.98 $ 19.73 $ 20.53 $ 21.34
Children's' Service Coordinator
Engineering Technician I
10
11 Technology Services Librarian $ 19.71 $ 20.48 $ 21.32 $ 22.17 $ 23.06 $ 23.97
Adult Librarian
Engineering Technician II
12 $ 20.89 $ 21.72 $ 22.59 $ 23.50 $ 24.43 $ 25.41
13 $ 22.15 $ 23.02 $ 23.95 $ 24.90 $ 25.91 $ 26.94
City Council Packet
October 13, 2009
Second Readings / Public Hearings
14. Union Contracts:
B. Action to approve the City Police Department Contract.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Proposed contract for Teamsters bargaining units
Attached are the two (2) proposed employee collective bargaining agreements for those city
employees covered under such agreements. Teamsters represent City general employees
under one contract and Teamsters also represents police/dispatch employees under a second
contract.
Both current contracts expire at the end of the year and the proposed contracts are for three
years. Human Resources Director Donna Langland and I worked with union stewards and
the Teamsters Business Agent for both employee groups and Chief Jeff Miller joined us for
the police meetings.
Both groups have accepted the proposed contracts and City Council approval to ratify them
will complete this process. The contracts in the packet are in amendment format so you can
easily see the changes to the contract that is about to expire.
Staff recommends approval.
City Manager Introduction
Action: Motion to approve, request public comment, roll call
City Manager Recommendation- Approve
141
2010-2012
2007-2009
CITY OF BROOKINGS
POLICE LABOR CONTRACT
INDEX
Article Title Page
Article 28 ................ Alcohol, Drug Abuse & Addiction .................................... 15
Appendix A ........................................................................ 33
Article 5 .................. Bonds ................................................................................... 2
Article 25 ................ Break Time ......................................................................... 12
Article 8 .................. Bulletin Boards .................................................................... 3
Article 47 ................ Business Agents ............................................................... 29
Article 22 ................ Call-In ................................................................................. 11
Article 45 ................ Check Off ........................................................................... 28
Article 12 ................ Citizen’s Complaint ............................................................. 5
Article 16 ................ Committee for Union-Management Cooperation .............. 7
Article 23 ................ Compensation Time .......................................................... 12
Article 15 ................ Court Pay ............................................................................. 7
Article 11 ................ Discharge or Suspensions ................................................. 4
Article 50 ................ Duration ............................................................................. 31
Article 32 ................ Professional Development and Educational Leave ....... 18
Article 40 ................ Firearms ............................................................................. 25
Article 41 ................ Firearm Qualification ........................................................ 26
Article 10 ................ Grievance Procedure .......................................................... 4
Article 17B .............. Hiring Procedure ................................................................. 9
Article 35 ................ Holidays ............................................................................. 21
Article 33 ................ Injury Leave ....................................................................... 19
Article 19 ................ Insurance ........................................................................... 10
Article 6 .................. Liability Coverage ............................................................... 2
Article 48 ................ Longevity ........................................................................... 29
Article 3 .................. Management Rights ............................................................ 1
Article 31 ................ Medical Leave of Absence ............................................... 18
Article 9 .................. Military Leave ...................................................................... 3
Article 27 ................ Miscellaneous .................................................................... 14
Article 4 .................. Non-Discrimination ............................................................. 2
Article 20 ................ Pay Periods ........................................................................ 11
Article 18 ................ Pensions ............................................................................ 10
Article 43 ................ Political Activity ................................................................ 27
Article 26 ................ Promotions ........................................................................ 13
Article 1 .................. Recognition ......................................................................... 1
Article 51 ................ Reopener ........................................................................... 31
Article 13 ................ Reprimand ........................................................................... 6
Article 49 ................ Safety Policy ...................................................................... 29
Article 37 ................ Schools & Training ........................................................... 23
Article 17A .............. Seniority ............................................................................... 8
Article 2 .................. Separability and Savings Clause ....................................... 1
Article 29 ................ Sexual Harassment ........................................................... 16
Article 24 ................ Shift Differential ................................................................ 12
Article 30 ................ Sick Leave ......................................................................... 16
Article 34 ................ Special Leave .................................................................... 19
Article 7 .................. Stewards .............................................................................. 2
Article 38 ................ Travel and Expense .......................................................... 24
Article 39 ................ Uniforms and Equipment ................................................. 24
Article 46 ................ Union Business and Representatives ............................. 28
Article 36 ................ Vacations ........................................................................... 22
Article 42 ................ Vehicles ............................................................................. 27
Article 44 ................ Wages ................................................................................ 28
Article 14 ................ Work Rules .......................................................................... 7
Article 21 ................ Work Week ......................................................................... 11
CITY OF BROOKINGS - POLICE LABOR CONTRACT
THIS AGREEMENT made and entered into this 1st day of January, 2010 2007,
by and between the City of Brookings, South Dakota, hereinafter referred to as the
“Employer or the City” and the General Drivers and Helpers Union, Local 749, affiliated
with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, hereinafter referred to as the “Union”.
1. RECOGNITION
1A. The employer hereby recognizes the Union as the sole collective
bargaining representative pursuant to SDCL 3-18, for all the employees
employed by the Employer in the following described unit:
1A.1 All regular full-time employees employed in the Police Department
of Brookings, South Dakota, including Patrol Officers, Sergeants,
Investigators, Communication Operators, Police Clerk, Office
Manager, Animal Control Officer, excluding the Chief, Captains,
Lieutenants, Communications Commander, part-time personnel
and all other City employees.
1B. As used in this contract, where appropriate, the masculine includes the
feminine, and the singular includes the plural (and vice versa).
2. SEPARABILITY AND SAVING CLAUSE
If any provision of this Agreement is in contravention of the laws or regulations of
the United States or the State of South Dakota, such provisions shall be superseded by
the appropriate provisions of such regulation; so long as the same is in force and effect,
but all other provisions of this Agreement shall continue in force and effect.
3. MANAGEMENT RIGHTS
3A. The Union recognizes the prerogatives of the City Manager and City
Council of the City to operate and manage its affairs in all respects in
accordance with its responsibility and the powers of authority which the
City has not officially abridged, delegated, or modified by this Agreement,
and such powers and authority are retained by the City.
3B. These management rights include, but are not limited to the following:
3B.1 To utilize personnel, methods and means in the most appropriate
and efficient manner possible; to manage and direct the employees
of the City; to hire, schedule, promote, transfer, assign, train, or re-
train employees in positions with the City, and to suspend,
discharge or take positions with the City, and to suspend, discharge
or take other appropriate action against employees for just cause;
1
3B.2 To determine the size and composition of the work force, to
eliminate or discontinue any job or classification and to lay off
employees for lack of work or lack of appropriate funds;
3B.3 To determine the objectives of the City and the method and means
necessary to efficiently fulfill those objectives, including transfer,
alteration, curtailment, or discontinuance of any service; the
establishment of acceptable standards of job performance; (this
shall not include the establishment of a quota system); the
purchase and utilization of equipment; and the utilization of
seasonal and part-time employees, as long as no full-time
employees are laid off;
3B.4 To provide reasonable standards and rules for employees; and
3B.5 To determine the method of fulfillment of the objectives of the City,
whether by its employees or by contracting or subcontracting with
respect to all of the City’s services.
4. NON-DISCRIMINATION
The Employer and the Union agree not to limit, segregate, or classify employees in
any way to deprive any individual employee of employment opportunities, or
discriminate against any individual with respect to hiring, compensation, terms or conditions of
employment because of such individual’s race, color, religion, creed, sex, age, disability
handicap, or national origin, sexual orientation, political affiliation, marital or veteran
status, or any other basis prohibited by state or federal law. nor will they limit, segregate,
or classify employees in any way to deprive any individual employee of employment
opportunities because of his race, gender, sexual orientation, religion, age, handicap, country
of origin, or political affiliation.
Any employee who feels they have been discriminated against should bring this
concern to his/her supervisor, or high authority, according to the grievance procedure
specified in Section 10 of this contract.
5. BONDS
Should the Employer require an employee to give bond, all premiums of such
bond will be paid by the Employer.
6. LIABILITY COVERAGE
The Employer shall continue in affect the insurance coverage relating to claims
against the City and City Employees. The Employer retains the right to change
insurance carriers or otherwise provide for insurance coverage. Effective April 1,1986,
Tthe minimum coverage under this policy shall be $300,000.00.
2
7. STEWARDS
7A. The City recognizes the right of the Union to designate stewards. The job
stewards so designated shall perform the following duties:
7A.1 Investigation and presentation of grievances to Employer or the
Employer representative in accordance with the provisions of this
Agreement;
7A.2 Serve bargaining unit employees by explaining the purpose and
content of an existing contract. The City shall direct such inquiries
by bargaining unit employees to job steward(s). The stewards shall
be permitted a reasonable time, as time permits, to conduct
necessary Union business of presenting, processing and
investigating grievances, during working hours without loss of pay,
provided that it does not interfere with the efficient operation of the
Department, which determination shall be in the discretion of the
duty supervisor, and provided that the steward’s supervisor(s) is
advised in advance of the absence. Such time on such necessary
Union business during duty hours shall not be deducted in the
computation of monthly overtime.
8. BULLETIN BOARDS
The Employer agrees to provide adequate space on its bulletin boards for Union
business notices. Union space will be allocated.
9. MILITARY LEAVE
9A. Regular full-time employees serving in the Military Reserve, National
Guard or Naval Militia will be granted paid leave of absence when they are
called out for active service. They shall be paid a pay supplement by the
City so that the supplement combined with their service pay shall equal
their regular rate of pay from the City up to a maximum of two weeks per
calendar year. If such service exceeds two (2) weeks, the City will not
supplement the pay beyond the initial two week period. There will be no
loss of seniority, and employees may utilize vacation leave. Service pay
shall include quarters allowance, in addition to base pay.
9B. Medical benefits will be extended for thirty (30) days for all Military
personnel called to active duty.
9C. All applications for military leave must be approved by the Chief or his
designee. The request must be accompanied by a signed copy of the
military orders.
9D. Employees having attained seniority with the City, who are compelled by
Federal and/or State Law to serve in the military forces during a period of
war or emergency shall:
3
9D.1 Continue to accumulate seniority with the City during his/her
absence.
9D.2 Give the City written notice within ninety (90) days after he/she is
eligible for discharge from the service of his/her desire to return to
work. The date he/she desires to return to work shall be contained
in such written notice and shall not be later than ninety (90) days
after he/she is eligible for discharge.
9D.3 After provisions in the above section 9D.2 have been carried out,
the employee shall return to work provided he/she is physically
qualified to do so and the regular rules of seniority shall prevail.
10. GRIEVANCE PROCEDURE
10A. Grievances are herein defined to be disputes involving the interpretation of
this Agreement or City policies or ordinances or changes in working
conditions affecting the employees covered by this Agreement.
10B. Employees are encouraged to attempt to resolve grievances with his or
her supervisor.
10C. Failure to resolve the grievance with the supervisor, the grievance shall be
reduced to writing and submitted to the City Manager and the Local Union
within ten (10) calendar days following the day on which the grievance
occurred or within ten (10) days of knowledge of the occurrence. The
written grievance shall contain the alleged violation and relief requested.
The grievance shall be signed by the aggrieved employee or a
representative of the Local Union. An employee may have a steward
and/or business representative present at any step of this procedure.
Within ten (10) working days, the City Manager or his or her designee
shall meet with the grievant and the Local Union. At this meeting, all
available evidence shall be afforded to both sides.
10D. Failing settlement at that level, the matter may be appealed to the
Department of Labor and Management pursuant to SDCL 3-18-15.2. The
appeal must be initiated by the employee or the Local Union within thirty
(30) calendar days. No grievance shall be entertained or processed
unless it is submitted in accordance herewith. If a grievance is not
presented within the time limits set forth above, it shall be considered
“waived”. If a grievance is not appealed within the specified time limit or
any agreed extension thereof, it shall be considered withdrawn. In all
cases involving disciplinary, the employee and/or the Union may elect to
commence the grievance procedure at the level of the City Manager.
10E. Time limits may be extended by mutual agreement.
4
10F. The Union has the authority to abandon a grievance. Abandonment of a
grievance shall not set a precedence.
11. DISCHARGE OR SUSPENSION
11A. The Employer shall not discharge, suspend, or discipline any employee
without just cause, but in respect to discharge shall give at least one (1)
warning notice of a complaint against such employee to the employee in
writing and a copy of the same to the Union, except that no warning notice
need be given to an employee before he is discharged or otherwise
disciplined if the cause of such discharge is:
11A.1 Dishonesty;
11A.2 Drinking of, presence of alcohol on their person, or under the
influence of alcoholic beverage or narcotics during the work shift.
An individual will submit to a portable breath test if the presence of
alcohol is suspected. In the event PBT shows positive, employees
shall be offered the opportunity to submit to a blood test and the
expense of the blood test will be upon the City if the results are
negative and upon the employee if results are positive;
11A.3 Personal possession or use of illegal drugs;
11A.4 Recklessness resulting in a serious accident while on duty;
11A.5 Failure to report an accident or criminal incident while on duty;
11A.6 Conduct which is unbecoming of an officer.
11B. It is understood that there are other offenses of extreme seriousness that
an employee will be discharged for without a warning letter. Depending
upon the circumstances and upon just cause, a lessor discipline to include
demotion, suspension, or any other appropriate disciplinary action, short
of discharge, may in the discretion of the Department Head, be
implemented. It is further understood that a warning notice shall mean
that further disciplinary action up to and including suspension or dismissal
may occur if the condition causing the issuance of the warning letter is
repeated during the effective time of the warning notice.
11C. Time limitations of such warning letter shall be consistent and uniform
among like incidents but in no instance, shall it be for more than eighteen
(18) months from the date of the incident causing this issuance.
11D. Discharge must be by proper written notice to the employee and the Local
Union. Any employee may request an investigation of this discharge.
5
12. CITIZEN’S COMPLAINT
Citizen complaints against officers shall be divided into two categories: non-
criminal conduct and criminal conduct. Any citizen wishing to lodge a formal complaint
against an officer shall be directed to the Office of the Chief of Police for determination
of category and merit. The officer will be notified at a time appropriate based upon the
circumstances of the investigation.
12.1 – Non-Criminal Complaints: Upon receiving a complaint and determining
the complaint to be non-criminal and having merit, an investigation into the
circumstances of the complaint shall be initiated. The investigation shall be
conducted internally by a command level officer designated by the Chief of Police
or his designee, and may include interviews, statements, audio or video
recordings and any other pertinent information from all persons associated with
the investigation.
12.2 – Criminal Complaints: Upon receiving a complaint and determining the
complaint to be criminal and having merit, an investigation into the circumstances
of the complaint shall be initiated. The investigation shall be conducted either
internally by a command level officer, or by investigators from outside agencies
so as to avoid any conflict of interest issues as chosen by the Chief of Police or
his designee. The investigation may include interviews, statements, audio or
video recordings and any other pertinent information from all persons associated
with the investigation.
12.3 – Determinations and Findings: Upon completion, the investigation
summary shall be forwarded to the Chief of Police for review. The findings of the
investigation shall be classified as follows:
Sustained: The complaint is determined to be factual.
Exonerated: The officer(s) did not commit the offense as stated.
Unfounded: The allegation is false or not factual.
Not Sustained: Not enough evidence to prove or disprove the
allegations were found.
Dismissed: The complainant withdrew the complaint or failed to
cooperate with the investigation.
12.4 – Final Action: If upon completion of the investigation the complaint is
sustained, the Chief of Police shall initiate the proper disciplinary action
consistent with the City of Brookings Police Labor Contract and the policies of the
City of Brookings and the Brookings Police Department.
12.5 – Officer Recourse: Any officer or employee who disputes either the
findings of the investigation, or any associated disciplinary action resulting from
the investigation, may protest the matter through the established Grievance
Procedures of the City of Brookings Police Labor Contract and the Brookings
Police Department.
6
13. REPRIMAND
Any reprimand that can become part of an officer’s official record or result in
suspension or discharge shall be given in writing to the employee affected, with a copy
to the Union steward and shall be done at an appointed time with such employee having
the right to have a Union steward and/or other Union representative present.
14. WORK RULES
Department General Orders, Work Rules, and the Department Policy and
Procedure Manual shall be reviewed by the Chief upon request of the Union and City
Manager to ensure that they continue to meet existing conditions. Management
will notify all employees of work rule changes. Chief will continue to provide
Policies and Procedures to Union prior to their effective date.
15. COURT PAY
In the event an employee is required to make an off-duty court appearance,
he/she shall be paid a minimum of two (2) hours at time and one-half (1 1/2) his/her
regular rate of pay. Each session of court, morning and afternoon, shall constitute a
separate appearance if the officer is required to appear at both. Court time paid at time
and one-half shall not be counted toward the officer’s eighty (80) hour bi-weekly
schedule. This minimum shall not apply to work performed within two hours prior to or
two hours following an employee’s regular work shift.
16. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION
16A. The parties recognize that during the period in which this agreement is in
effect, problems of administration of this Agreement may arise which are
not anticipated by either part. They also recognize that during such period
more mutually constructive and productive relationships are likely to exist
between the City and the Union and among both management and non-
management employees, if both the City and the Union continue to
enlarge their respective efforts to gain a better appreciation and
understanding of each other’s problems and objectives. They recognize
that frequently what first appears to be problems or areas of conflict and
disagreements, are actually the result of misunderstanding which are
cleared away upon a complete and frank exchange of viewpoints and
ideas. They believe that even though limitations are being placed upon
formal collective bargaining negotiations through the extended period of
this Agreement, a better atmosphere in which they both desire, can be
created through meetings of the kind described below:
16B. Once each month or as needed, meetings may be held during the term of
this Agreement of the committee formed as part of this Article. It is
understood that such meetings will be held for the purpose of appraising
and discussing the problems, if any, which arise concerning
7
administration, interpretation or application of the Agreement or other
matters which either party believes will contribute to the improvement in
the relations between them within the framework of this Agreement. It is
understood that such meetings shall not be for the purpose of handling
grievances or conducting collective bargaining negotiations nor for any
purpose which in any way will modify, add to, or detract from the
provisions of this Agreement. In agreeing to such meetings, the parties
are providing concrete evidence of their sincere desire to encourage
friendly, cooperative relationships between their respective
representatives at all levels, and with and between all employees covered
by this Agreement and to find ways to overcome difficulties, influences, or
attitudes which interfere with such relationships.
16C. This committee shall also consider handling problems concerning the
safety of working conditions. Each of the parties recognize the importance
of protecting the health, life, and a limb of employees and the City will
make every reasonable effort to improve conditions that promote health
and safety among City Employees. This committee may make
recommendations respecting conditions which in its opinion would make
working conditions more safe.
16D. The committee shall be composed of two (2) members designated by the
Union and two (2) members designated by the City. Any
recommendations must be adopted by a majority of the committee.
17. PERSONNEL POLICIES
17A. SENIORITY
17A.1 Seniority rights for employees shall prevail. Seniority shall be
defined as the total length of continuous service with the Employer,
since the employee’s last date of hire in the Police Department
bargaining unit.
17A.2 New employees will be considered probationary employees for
twelve (12) six (6) months from the date of employment. Should a
probationary employee be absent from the job for an approved
leave without pay, the probationary period will be extended to
enable employees to complete their full probationary period.
17A.3 During the probationary period, employees shall have no seniority
status, and may be laid off or terminated at the sole discretion of
the City without regard to length of service. When an employee
completes his/her probationary period, his/her seniority date shall
revert back to his/her original date of hire.
17A.4 On January 1 of each year, the employer shall post a current
seniority list and shall submit a copy to the Union. Seniority will be
classified as follows:
8
a) All sworn personnel;
b) All non-sworn personnel;
17A.5 Employees hired from non-sworn to the sworn classification or vice
versa, shall maintain their seniority for the amounts of vacation but
shall go to the bottom of the list in the new classification for all other
purposes. Part-time employees obtaining full-time positions shall
be considered as a new hire for all purposes.
17A.6 Seniority and employment relationship shall terminate when an
employee:
a) Quits;
b) Is discharged for just cause;
c) Is retired.
17A.7 All scheduled or otherwise anticipated overtime shall be offered by
seniority to qualified available personnel unless such overtime
requires a special skill or is in accordance with the employee
completing an assigned regular shift. Management reserves the
right to offer or immediately assign overtime resulting from
unexpected, unforeseen, or emergent circumstances without
consideration of seniority. It is understood that all overtime must
be authorized by the Chief of Police, or designee.
17A.8 Vacation will be granted on a first come – first serve basis. In
the event vacation is requested at the same time by more than one
employee for the same time period, seniority provisions shall
prevail the senior employee shall be granted the request.
17A.9 In the event of a layoff, the last employee hired shall be laid off first
in the sworn and non-sworn classifications as long as the
employees retained are qualified to perform the job. In recalling
employees, they shall be recalled in reverse order of lay-off in
respective classifications.
17B. HIRING PROCEDURES
The following shall set forth the general procedures for hiring police
officers in the City of Brookings:
17B.1 In the event of an opening within the bargaining unit by virtue of the
City Manager granting approval to fill a vacancy in the Brookings
Police Department, or to add additional police officers, a Notice of
Job Opening shall be posted at City Hall and within the Police
Department for five (5) working days prior to further publication of
the opening.
9
17B.1.a All Bargaining Unit employees may apply for a
vacant position through the internal posting process
prior to the position being posted externally shall be
given first opportunity to apply for the position through the
hiring procedure and entry level law enforcement
examination.
17B.1.b In the event the Department Head desires additional
applicants, the City may advertise and test external
applicants.
18. PENSIONS
Retirement benefits shall remain as now provided, but they shall not be in any
manner reduced or lessened during the period of this contract, unless the changes are
beyond the control of the City.
19. INSURANCE
19A. The City offers group health, dental, vision, accident, and life insurance
options for all full-time employees in the bargaining unit and their
dependents electing to be covered by such insurance. The City shall pay
85% of the group health coverage; 75% of the single dental and vision
insurance premium portion for all levels of dental and vision insurance;
and 100% of the total cost of the group life and AD&D insurance plan for
employees. In order to earn the payment of insurance premiums for a
given month, the employee must work or use paid leave for at least 50%
of the hours payable in the payroll month.
19B. If husband and wife are both employed by the City of Brookings, the City
shall provide only one or the other with health insurance coverage. The
one not covered may be named as dependent.
19C. Upon receipt of notification by the insurance carrier that changes are
needed, the City will, in turn, notify the Union for purposes of soliciting
comments and suggestions.
10
19D. All employees, with a full-time hire date prior to January 1, 2010, who
are eligible to begin receiving retirement from the South Dakota
Retirement System benefit who retire early or have been approved for
the SDRS disability benefits within 30 days of effective date of resignation
from the City of Brookings, are eligible for 50% payment of the total cost
for the retiree group health and life insurance plan offered by the City as
outlined in the City insurance policy in accordance with current Insurance
policy provisions with no required minimum years of continuous full-
time service with the City of Brookings. All employees with a full-
time hire date of January 1, 2010 and thereafter, however, must pay
100% of the total cost for the retiree group health and life insurance
plan offered by the City. All employees with a full-time hire date of
January 1, 2010 and thereafter, must have a minimum of three (3)
years of full-time continuous service with the City of Brookings
immediately prior to retirement to be eligible for the City retiree
group health and life insurance benefits. The retirement insurance
benefit will not continue beyond age 65 and will end prior to age 65 if the
retiree becomes eligible for Medicare.
19E. New employees desiring health, vision and life insurance coverage must
enroll within thirty (30) days of the first day on which they are eligible for
coverage to avoid incurring an additional waiting period prior to the
application of coverage. The waiting period to enroll in dental insurance is
90 days from the date of hire. New employees not enrolling within thirty
days after the employee is first eligible for coverage, or current employees
not currently on the Health Insurance Plan (and in the absence of a
qualifying event) will be considered late applicants. Late Applicants are
required to make a written request for late enrollment and will be subject
to an 18 month waiting period. At the end of the 18 month waiting period,
the late applicants will be eligible to join the plan with no pre-existing
condition limitations. Employees who terminate their employment will
terminate the group plan upon date of termination, and may transfer to an
individual contract or may continue group coverage through COBRA.
However, the total premium will be paid by the terminated employee.
Arrangements must be made prior to employee’s last day of employment.
20. PAY PERIODS
All employees covered by this Agreement shall be paid in the same manner as
all other City employees are paid, on a monthly pay period.
21. WORK WEEK
21A. Employees shall be paid for all time spent in the employ of the Employer.
21B. Employees shall be compensated at the rate of time and one-half for all
hours required to work prior to and/or beyond scheduled shift (excludes
shifts of less than 8 hours per day); on a scheduled day off; or in excess of
forty (40) work hours per week for office personnel and dispatch; or in
excess of eighty (80) hours in a two week period for police officers.
Occasional periods when no work is performed due to vacation leave, sick
leave, holidays, and/or other benefit leave, will not be used in the
computation of overtime.
Employees shall be allowed to trade shifts if it is approved by the shift
supervisor. If trading of shifts results in required payment of overtime
based on FLSA guidelines, the trade will not be allowable or approved.
21C. Full-time clerical employees shall be scheduled Monday through Friday
and Saturdays and Sundays off except for temporary, unusual or
11
emergency situations. Overtime shall be paid in the same manner as
officers.
21D. Employees required to work when their shift commences on Easter
Sunday shall be compensated with four (4) additional hours of straight
time pay.
21E. Pyramiding of overtime will not be allowed.
21F. The City agrees during the term of this contract to continue its policy
regarding the replacement of employees at shift change.
21G. Part-time employees shall be scheduled as needed.
22. CALL-IN
Employees who are requested to report for work during hours when they are
normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of
two (2) hours for work performed. The employee shall report to the senior individual on
duty to perform any additional duties necessary in an attempt to work for the entire
minimum period. This minimum shall not apply to work performed within two hours prior
to or two hours following an employee’s regular work shift. In the event the employee is
on vacation, the employee may elect to take compensation time to be credited back to
vacation in lieu of monetary compensation.
23. COMPENSATION TIME
Employees at their discretion shall be entitled to be paid for overtime at the rate
of time and one-half (1 1/2) or designate comp time upon approval of Department Head
in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The
maximum allowable carryover from one calendar year to the next is forty (40) hours for
both sworn and non-sworn personnel with the exception of designated active
certified Communication Operator Trainers and Field Training Officers, who will
be allowed to carry over eighty (80) hours from one calendar year to the next.
Use of comp time must be approved by the Department Head and may not result in
overtime needing to be paid to cover a shift, or cause a shift to fall below minimum
staff levels.
24. SHIFT DIFFERENTIAL
24A. Full-time employees working between 6:00 P.M. and 6:00 A.M. shall be
paid an additional fifty cents ($0.50) per hour for time worked between
those hours.
24B. Employees working from 6:00 P.M. Friday until 6:00 A.M. Monday shall
receive fifty cents ($0.50) per hour additional.
12
25. BREAK TIME
25A. Employees who are scheduled to work an eight (8) hour shift shall be
granted a twenty minute paid break during the first four (4) hours, and a
twenty minute paid break during the second four (4) hours of their shift.
Employees who are scheduled to work a ten (10) hour shift shall be
granted a twenty-five minute paid break during the first five (5) hours, and
a twenty-five minute paid break during the second five (5) hours of their
shift.
25B. Dispatchers will not be allowed to leave the Police building, to include
designated smoking areas, during their breaks unless there are at least
two dispatchers on at that time. However, if the supervisor on duty deems
it necessary, dispatchers will be required to remain in the building even
when there are two on during a shift.
25C. Employees filling out reports shall be allowed coffee or soft drinks while
performing this work without it being considered a break, as long as the
amount of time is reasonable.
25D. Employees shall be allowed to combine break periods for a total of forty
(40) minutes during an eight (8) hour shift and fifty (50) minutes during a
ten hour shift.
25E. Rest periods may not be accumulated for time off or used to leave work
early, and are not guaranteed if missed because of operational
requirements.
26. PROMOTIONS
26A. Promotion to positions within the sworn personnel in the bargaining unit
shall be filled from lists of employees and personnel obtained through
open and competitive written examinations, oral interview, seniority and
education. Such examinations shall be on the basis of openings
contemplated and shall be conducted by the City of Brookings after
advertisement of the fact of giving such examinations and the terms in
respect to grading and other relevant matters. The list shall be maintained
for one (1) year from the date of the examination, at which time the list
shall expire and new vacancies shall be filled by a new examination.
26B. In the event of retirements, resignations, and other terminations of
employment wherein the position involved is not eliminated, and cash
payment is made for accumulated benefits, the City reserves the right to
delay filling the position until such time as the savings from such a delay
equals the total amount of cash payment.
26C. Service requirements for the position of Sergeant require a minimum of
three (3) years experience as a law enforcement officer including two (2)
years with the Police Department of Brookings, South Dakota.
13
26D. In the event there are no qualified employees with the required service
time, consideration shall be given to those employees who are qualified,
but have not achieved the service requirement.
26E: A written test shall be administered and shall count up to twenty (20)
points. Candidates receiving fourteen (14) points or more, a minimum
equivalent of 70% of correct answers, on the written test shall be selected
for an oral interview with an interview panel established by the Chief of
Police. The oral interview shall count up to forty-five (45) points. Oral
Interview points shall be determined by calculating the composite score
from a Police Department interview questionnaire and the score of the
Human Resource Critical Competencies battery.
26F. The most recent annual evaluation shall count up to ten (10) points.
26G: Training shall count (1) point for each 20 hours of certified training up to
fifteen (15) points, excluding the twelve (12) week certification school and
other training required by the State of South Dakota. Certified training is
that training reported on the South Dakota Law Enforcement Training
Personnel Profile Report. Training hours received after the promotion
application deadline shall not be considered in calculating training points.
Education shall count (2) points for an Associate Degree, three (3) points
for a Bachelor Degree, and four (4) points for an Advanced Degree. One
(1) point shall be counted for sixty (60) or more college credit hours
earned from an accredited institution, but no degree received. Transcripts
shall be required to verify credit hours earned.
26H. Seniority shall count one (1) point per year to the maximum of ten (10)
points.
26I: A composite score shall be calculated from the oral interview, evaluations,
education and training, seniority and test scores. Candidates with a
composite score equal to or greater than 75% of the maximum composite
score shall be eligible for selection to an interview by the City Manager
and the Chief of Police.
The maximum composite score shall be 104 points. Candidates receiving
78 points or more shall be considered an eligible candidate.
Written Test: 20
Oral Interview: 45
Training: 15
Education: 4
Evaluation: 10
Seniority: 10
14
Upon completion of the final interview, the Chief of Police, in consultation
with the City Manager, shall have full discretion in selecting an eligible
candidate for promotion. Final approval of the selection must be made by
the City Manager with the decision based on seniority, skills, ability, job
performance, and qualifications. If skills, ability, job performance, and
qualifications are relatively equal, then seniority shall be the determining
factor.
26J. All job descriptions and any changes shall be forwarded to Union
representatives and to include any changes will be posted.
26K. Upon written request, officers shall be given their written test score results
and standings.
26L. Permanent promotions/transfers from a position or Department to a new
regular full-time position in the same or different Department shall require
the transferred or promoted employee to serve a new probationary period
not to exceed 90 days.
27. MISCELLANEOUS
27A. Employees may maintain residence outside the city limits.
27B. Employees may request time off without pay.
27C. City agrees to construct glass around dispatchers and protective locks on
all doors.
27D. In the event of an extended absence of a supervisor, the Chief of Police
may designate an officer as acting supervisor to assume all duties of the
absent supervisor. An employee that is designated as acting
supervisor works in a higher pay classification for a period of full eight
(8) hour shift will accrue one hour of compensation time (x1) to be
utilized at a mutually agreed upon time as approved by his/her
supervisor and/or Chief of Police two (2) consecutive weeks or longer
shall receive the higher rate of pay for all time served in said higher pay
classification job excluding the first week. While assigned to such duties,
the employee shall be paid the entry-level rate for working in that
classification or at a step that would allow for a rate increase above his/her
current rate of pay. Any employee desiring not to act as supervisor shall
be allowed not to do so by advising the Chief of Police in writing. Changes
in compensation shall not apply to senior officers left in charge of a patrol
shift due to common or routine short-term absences of supervisors.
27E. An accessible locker will be provided for the personal effects of
dispatchers.
27F. A secure cabinet will be provided in the ladies restroom.
15
27G. The Police Building and all department vehicles will be non-tobacco with a
designated smoking area being provided outside the southwest door of
the department.
27H. The City will reimburse regular, full-time employees 50% of the monthly
membership fee, up to a maximum of $20.00, at a locally accredited
wellness/fitness center. To be eligible for reimbursement, the employee
must present proof of attendance of an average of two (2) times per week
or eight (8) times per month during that month which is to be reimbursed.
The City will not participate in any way in initiation fees.
28. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE
ASSISTANCE PROGRAM
28A. The City recognizes alcohol/drug abuse and addiction and other medical
behavior problems as treatable illnesses.
28B. Employees having these illnesses will be given the same consideration
and offered assistance presently extended to employees having any other
illness. Employees who suspect they have an alcohol or drug problem are
encouraged to seek confidential counseling and/or referral information by
contacting their Department Head or the City Human Resources Director.
28C. Employees’ job security or promotional opportunities will not be
jeopardized by their request for assistance in problems relating to
alcohol/drug abuse and/or addiction. Employees who refuse evaluation or
diagnosis (treatment if indicated) and who do not respond to treatment will
be handled in accordance with City policy for unacceptable job
performance or appropriate discipline.
29. SEXUAL HARASSMENT
29A. Sexual harassment is a grievable offense when it meets the following
criteria: unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature, when:
29A.1 submission to such conduct is made either explicitly or implicitly a
term or condition of an individual’s employment;
29A.2 submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
29A.3 such conduct has the purpose or effect of unreasonably interfering
with an individual’s work performance, or creating an intimidating,
hostile, or offensive working environment.
16
29B. If an employee feels that he/she is you feel you are being sexually
harassed, he/she you should make his/her your feelings known to the
offender. If the problem is not resolved, report the harassing behavior
to a the tell your supervisor. If that is not practical, employees are
encouraged to, tell his/her report the situation to his/her Department
Head, Human Resources Director or City Manager.
29C. If employees you have questions about sexual harassment, they you are
encouraged to contact the Human Resources Director or the may
contact the Employee Assistance Program (EAP) Counselor.
30. SICK LEAVE
30A. Sick leave is leave with pay granted to regular full-time employees who
are suffering with an illness or disability which prevents them from
performing their assigned duties.
30B. Sick leave may be earned by probationary and regular full-time
employees. Sick leave begins to accrue at the rate of twelve (12) hours
per month. Employees may accumulate up to two thousand eighty (2,080)
hours of sick leave. In order to earn the accrual of sick leave for a given
month, the employee must work or use paid leave for at least 50% of the
hours payable in the payroll month.
30C. Request for sick leave must be approved by the Department Head prior to
the employee’s normal starting time for the day involved, unless, in the
judgment of the immediate supervisor, the circumstances surrounding the
absence made the reporting before normal starting time impossible. Upon
returning to work, the employee shall notify his/her supervisor of his/her
recovery.
30D. Leave request may not exceed the amount of leave accumulated unless
there is a waiver granted by the Department Head.
30E. Sick leave shall be paid at the employee’s regular hourly rate and
employees may use sick leave in no less than one-fourth (1/4) hour
increments.
30F. The use of three (3) consecutive working days of sick leave may require
verification by a medical doctor and should be turned in to the Department
Head.
30G. Employees shall be charged for sick leave only for absence on days when
they would otherwise work.
30H. Employees on unpaid leave of absence in excess of one-half month will
not accrue any leave for that month.
30I. Sick leave shall be granted to employees:
17
30I.1 when they are incapacitated for the performance of their duties due
to illness to include birth of a child, injury, and injury not incurred in
the course of their employment;
30I.2 for medical, dental, and optical examinations or treatments,
provided the employee gives the City one (1) week notice of such
appointment, except in cases of emergency;
30I.3 when an employee or ward child is sick or when a member of the
immediate family is sick and requires the care and/or attendance of
the employee during scheduled work hours; immediate family is
defined as spouse, son or daughter, parent or spouse’s parent,
brother or sister, and dependent(s) residing in the employee’s
home to include step-relatives in the same categories. After three
consecutive sick days, the employee’s department manager may
require a doctor’s statement specifying the requirement of care
and/or attendance.
30I.4 when, through exposure to a contagious disease, the presence of
the employee at his/her post of duty would jeopardize the health of
others, provided, however, that sick leave for these purposes shall
require a verification by a medical doctor’s certificate.
30I.5 for up to twenty (20) working days of paid sick leave for
placement of a child for adoption and up to three working days of
paid sick leave for the father employee of newborn child(ren) to
assist with care and delivery. If employee is eligible for the
provisions of the Family Leave Act, he/she can request additional
time off without pay up to a maximum of 12 total weeks. Vacation
accrual must be used to cover additional leave period, however.
30J. At the discretion of the Chief of Police, employees who cannot perform
their regularly assigned duties, may be assigned limited duty, which will
not, as certified by a medical practitioner, aggravate the illness or
disability.
30K. After ten (10) years service and upon termination, other than discharge,
the City agrees to pay ten percent (10%) of unused accumulated sick
leave and one percent (1%) additional for each year of service beyond ten
(10) years. Payment shall be at the hourly rate at the time of termination.
The maximum accumulation of unused sick leave to be used for the
payout calculation shall be 1,440 hours.
30L. All medical related incidents including reasonable travel time and
recuperation time shall be chargeable toward sick leave.
18
31. MEDICAL LEAVE OF ABSENCE
31A. City of Brookings employees must complete medical leave of absence
paperwork for all medical related time away from work which exceeds or is
expected to exceed 7 (seven) calendar days. Employees with sick leave
accrual in his/her balance may use sick leave for absences with a doctor’s
certification of the inability to work.
31B. Employees anticipating the need for a medical leave of absence will be
allowed to work until a doctor’s statement is received indicating that the
employee has restrictions for which the employer is unable to
accommodate. If the City is unable to accommodate restrictions and/or
the employee is unable to perform the essential functions of his/her
position, the employee may be involuntarily placed on sick leave as a
reasonable accommodation.
31C. The City of Brookings and the Union agree to comply with guidelines set
forth in the Family Medical Leave Act (FMLA) of 1993 as well as any
subsequent amendments and/or modifications to the law.
31D. The employee shall be allowed to take a medical leave of absence with
pay until his/her sick leave is exhausted as long as the employee has a
physician’s certification stipulating the inability to perform job duties.
Employees who have not accumulated a sufficient amount of sick leave to
use during the medical leave of absence will have to utilize vacation leave.
Upon exhaustion of vacation leave, a leave of absence without pay may
be requested.
31E. A leave of absence for the birth of a child shall be treated as any other
illness or temporary disability.
32. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE
The Department Head, with the approval by the City Manager, may grant
educational leave to employees requesting leave for continuing education or training for
durations of ten (10) working days or more. Approval of such leave, the length of time
paid, and the amount of pay received, will depend on the directness of the relationship
of the education or training to the duties of the employee and the projected needs of the
City. An employee must have worked for the City for a period of two (2) years in order
to qualify for educational leave. The employee must agree to return to work for a period
of two (2) months for each month of educational leave taken. City shall make every
effort to reschedule employees desiring to attend college classes either by allowing time
off the shift or by employees trading shifts. Time off shall be made up the same day or
at a mutually agreed time. An employee requesting to attend college classes which
may interfere the employee’s work schedule will be reviewed on a case by case basis
by the Dept. Manager, Human Resources Director, and City Manager. A determination
will be made to determine if request will be approved or denied based on potential
problems associated with being away from work, and need for educational growth in the
City of Brookings relative to major being pursued.
19
33. INJURY LEAVE
Injury leave applies only to injuries sustained through an accident while on the
job. An employee injured through an accident while on the job must promptly notify
his/her Department Head or supervisor. All medical and hospital expense shall be paid
for in accordance with Workers’ Compensation and City policy. The City policy on injury
leave shall be to compensate the employee up to a maximum of nine hundred sixty
(960) work hours at the rate of pay he/she was making at the time of the accident, less
the amount he/she receives from Workers’ Compensation. After the nine hundred sixty
(960) hour period, the employee may elect to use accumulated sick leave and/or
vacation credits to continue receiving his/her full pay. Should the employee not elect
such action or should he/she exhaust all accumulated credits, he/she may apply for
disability under the provisions of the Workers’ Compensation Act or the Retirement
Fund. Once the employee is no longer receiving full compensation from the City,
he/she will be eligible to receive compensation payable under the Workers’
Compensation Act in addition to eligible retirement benefits. All vacation, sick leave,
and holiday leave earned while on injury leave shall accrue at the employee’s regular
rate. In the event the employee incurs an on the job injury which does not qualify for
Worker’s Compensation and/or results in lost time of less than seven consecutive days,
the employee will be required, at the employee’s option, to utilize sick, vacation,
compensation time or leave without pay for those days which they are absent from
work. Employees may use injury leave in no less than one-fourth (1/4) hour increments
for doctor appointments, etc. once seven day loss time requirement has been met.
34. SPECIAL LEAVE
34A. Leave With Pay - The Department Head will grant a leave of absence with
pay to regular full-time employees for the following reasons and with these
restrictions applied:
34A.1 Funerals – The City will permit regular full-time employees to be
absent from work, without loss of pay, based on his/her regular
straight time pay for three (3) basic scheduled work days to arrange
for and attend the funeral of the immediate family or a relative.
Immediate family for bereavement leave includes the following:
Spouse, parents, son, daughter, brother, sister, legal guardian,
grandparents, grandchildren, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, or sister-in-law. The
bereavement benefit will also be granted for step-relatives in these
same categories.
Pay shall be granted ten (10) hours for employees on ten (10) hour
shifts, and eight (8) hours for employees on eight (8) hour shifts.
Additional time may be charged to vacation or sick leave at the
discretion of the Chief. In the event of a funeral of a relative outside
of the aforementioned, or a close friend, the employee may take a
reasonable amount of time off with pay to be charged to vacation or
sick leave.
20
Bereavement leave may be used during the employee’s
probationary period and used in no less than one-fourth (1/4) hour
increments.
34A.2 Voting - Any employee eligible to vote at any election held within
the State of South Dakota shall, on the day of such election, be
granted time to go to the polls if his/her duties on that day would
otherwise prevent him/her from voting before or after regular
working hours.
34A.3 Jury or Court - If any employee is called for jury duty, he/she shall
continue to be paid at his/her regular rate. Upon returning to work,
he/she shall reimburse the City for the amount received for jury
duty for each day of absence from work. Vacation and sick leave
will continue to accrue for the time that is spent on jury duty.
34B. Leave Without Pay – Regular full-time employees may request and may
be granted a leave of absence without pay for personal reasons up to a
maximum of 6 continuous months (not to include FMLA leave taken),
subject to the approval of the Chief of Police, Human Resources Director
and City Manager, and providing all vacation and/or sick leave has been
exhausted.
34B.1 Leave without pay must be requested in writing stating the
circumstances in full as to why such leave is requested. This
request must be submitted to the Chief prior to the leave.
34B.2 The request will be considered on the basis of the present workload
or anticipated workload, and the circumstances of the request.
34B.3 A leave of absence without pay will not be granted to seek other
employment. Leave of absence without pay is a benefit offered to
employees who have exhausted their vacation leave. Employee on
a leave of absence for less than sixty (60) calendar days will
continue to accrue seniority and their job will be held for them if
agreed upon by the dept. head and City Manager at the time the
leave of absence without pay is approved. Employees on a leave
of absence in excess of fifteen (15) calendar days in any one-
month will not accrue any leave for that month and must pay for the
entire cost of insurance if they wish to continue coverage. No other
benefits will be provided by the City during a leave of absence
without pay. An employee’s anniversary date will not be affected
unless the leave of absence is in excess of sixty (60) calendar
days; then the anniversary date will be changed according to the
number of days the employee is absent from work without pay.
34B.4 In a case of a declared disaster or emergency situation, regular
full-time employees may request up to 15 work days off without pay
21
per calendar year to assist in other areas if appropriate
documentation is presented to substantiate the need for such
leave. Such time off would not affect the accrual of benefits for the
month.
34B.5 Any other leave of absence that is not covered in this contract shall
be determined on an individual basis by the Chief.
35. HOLIDAYS
35A. It is the policy of the City of Brookings to afford all regular full-time
employees ten (10) paid holidays each year. The City recognizes the
following holidays:
New Year’s Day Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day Native American Day
Labor Day Martin Luther King Day
Allows for one paid Floating Holiday each year. The Floating Holiday must
be used within the calendar year at management approval. The holiday
does not qualify for payment if not used.
35B. “Holiday pay” shall be defined as eight (8) times the straight time hourly
rate and cannot be used in increments of less than 8 hours.
35C. Employees who are scheduled to work, and who work, one of the above
city recognized holidays will be compensated for eight (8) hours of
holiday regular pay for that specific holiday and eight (8) hours of
overtime premium pay (time and one-half) for all hours actually
worked. Any time worked beyond eight (8) hours will be paid at the
straight overtime rate.
35D. Employees will only receive overtime premium pay (time and one-half) if
the holiday falls on the day as their shift starts.
35E. Employees who are on a regularly scheduled day off or on a paid leave
of absence when one of the above city recognized holidays occur,
will not receive holiday pay but will be allowed to bank the holiday for
use at an alternate agreed upon time within one (1) year of the
specific holiday for which it was earned compensated with an
additional eight hours of leave to be used in one block. In the event the
employee would normally be scheduled for a ten (10) hour shift, the
employee will be allowed to supplement this day with comp time or
vacation leave in order to total ten hours of leave at the time the leave is
taken. This day shall be mutually scheduled with the Chief.
22
35F. Additional days off in lieu of holidays shall be separate and distinct from
comp time and vacation. These days off may be accumulated and taken
within one (1) year of the holiday for which it was earned.
35G. An employee who is on a paid leave of absence will be eligible for holiday
pay for a designated holiday observed during the leave of absence.
35H. Employees on vacation when one of the above city recognized
holidays occur, during a holiday will receive holiday pay for that specific
holiday and will not be charged for that day as vacation time.
35I. Holidays shall be observed on the actual day they fall except clerical
employees shall observe them on the day as all other City employees do
unless otherwise approved in advance by the Chief of Police.
35J. To qualify for the above holiday provisions, the employee must work their
last full scheduled shift day preceding proceeding the holiday or their
first full scheduled shift day following the holiday.
35K. An employee who is on unpaid leave of absence or suspension without
pay will not be eligible for holiday pay for a designated holiday observed
during the leave of absence or suspension.
36. VACATIONS
36A. Vacation leave for all eligible employees for each vacation year is based
upon length of service. In order to earn the accrual of vacation, the
employee must work or use paid leave for at least 50% of the hours
payable in the payroll month.
36B. Employees shall accrue vacation in accordance with the following
schedule:
Date of hire through five years - 6.67 hours per month
After five but less than 10 yrs of service - 10.00 hours per month
After ten but less than 20 yrs of service- 13.33 hours per month
After twenty years of service - 16.67 hours per month
Vacation leave shall be earned on the 15th of the month and credited to
the employee on the pay day of that month, provided all other necessary
provisions of the article have been met. Said vacation leave shall not be
available to the employee until the day following payday.
36C. Employees have the opportunity to use vacation leave in one-fourth (1/4)
hour increments at the discretion of the Department Head. Effective
January 1, 1990, Eemployees may accumulate up to two hundred eighty
(280) hours of vacation leave, including those hours earned up to
December 31, 1989.
23
36D. Employees granted unpaid leave of absence in excess of one-half month
will not accrue any leave for that month.
36E. Employees will not receive additional vacation time off due to illness or
disability occurring while on vacation unless special circumstances in the
opinion of the immediate supervisor would warrant a change.
36F. Request for vacation leave must be approved by the employee’s
department head prior to that time of departure and vacation will be paid
at the employee’s regular hourly rate. Leave requests shall not exceed
the amount of leave accumulated. Requests for vacation leave that will
result in the department being below the required minimum staffing must
be requested ten (10) days prior to taking such leave.
36G. Employees who are laid off or discharged, who resign or retire after giving
two weeks notice to the City, or who are called to military service, shall
receive payment of such vacation time as is due them, computed on a pro
rate basis according to the time worked during the current year. Cash
payments in place of vacation privileges are not permitted.
36H. Vacation leave can be taken during foul and dangerous weather, travel
during which is hazardous and not recommended by local authorities.
This leave will be granted with the approval of the department head.
36I. Employees requesting vacation leave shall be notified that their request
has been granted or denied in a timely manner. If the notice of grant or
denial has not been timely, the employee may contact the Police Chief
directly for such determination.
37. SCHOOLS AND TRAINING
37A. The employer agrees to continue to encourage employees to obtain job
related education and training. Schools and training shall be posted on
the Police Department bulletin board and employees interested shall sign
the posting. The Department shall allow as many employees as possible
to attend schools and training. In determining which employees may
attend, the Department shall take into consideration specialized
classifications, and seniority, budget, and the program’s relevance to
the police department’s overall training plan.
37B. The Police Chief will schedule or reschedule interdepartmental training on
an employee’s normally scheduled shift to avoid the necessity of officers
working in excess of their normally scheduled shift hours during the
twenty-four (24) hour period whenever possible.
37C. Effective January 1, 1987, Iit shall be the responsibility of each employee
to provide verification of completion of the above training to the City to be
placed in their records. Training completed prior to January 1, 1987, shall
be limited to that which is presently recorded with the Law Enforcement
24
Training and Standards Commission. Each employee, upon request, shall
be entitled to review their personal file.
37D. Employees who attend authorized training outside of the department will
be compensated for a maximum of eight (8) hours per day on those days
they are attending training, unless otherwise approved in advance by
Chief of Police, based upon FLSA guidelines. Employees who would
normally be scheduled to work ten (10) hour shifts on days they are in
training will be allowed to supplement the eight (8) hours with two (2)
hours of vacation or comp time.
37E. All mandatory training scheduled outside the individual employee’s regular
shift will result in the officer being afforded comp time in accordance with
this Agreement.
37F. Employees who attend license or certificate training sessions in excess of
four (4) weeks in duration shall be required to sign a statement prior to
attending the training guaranteeing the City an additional one (1) year of
service following the completion of training. Employees who fail to return
a total of one (1) year of service shall reimburse the City the cost of the
training. Cost of the training shall include transportation, room and board,
the cost of the training session and the equivalent of salary and benefits
paid to the employee during training.
37G. The City agrees to provide for field training certification for up to four
(4) officers. Officers may apply for the position of FTO once they
have served for three (3) years with the Brookings Police
Department. Officers with two (2) years experience with the
Brookings Police Department and a minimum of one (1) year
experience with another law enforcement agency are also eligible to
apply. Selection of Field Training Officers will be made based on
Knowledge, Skills, Abilities and Seniority of the personnel interested
in serving as an FTO. The process may include a review of the
employee’s training and annual evaluation records and a personal
interview. Final selection will be made by the Chief of Police.
Employees certified as a field training officer (FTO) who are engaged
in training new recruits as part of the Field Training Program will
accrue one hour of compensation time (x1) for each 8 hours of
training provided.
25
37H. The City agrees to provide for training/certification for up to two (2)
communication operator trainers. Selection of the Communication
Operator Trainers (CTO) will be made based on Knowledge, Skills,
Abilities and Seniority of the personnel interested in serving as a
CTO. The process may include a review of the employee’s training
and annual evaluation records and a personal interview. Final
selection will be made by the Communication Commander and Chief
of Police. Employees certified as a communication operator/trainer
who are engaged in training new recruits as part of the
Communication Operator Training Program will accrue one hour of
compensation time (x1) for each 8 hours of training provided. All
communication operator training hours will be documented on a
form authorized by the Communication Commander and Department
Head.
38. TRAVEL AND EXPENSE
38A. The Chief of Police must approve all same day travel in the State of
South Dakota. The Chief of Police and City Manager must approve
all overnite travel and travel outside the State of South Dakota.
Employees shall be reimbursed for all reasonable expenses incurred in
the line of duty as provided by City travel policy for authorized travel.
The most direct route shall be traveled, and Mmileage will be paid in
accordance with current City schedules.
38B. The City shall reimburse travel time according to FLSA guidelines for all
authorized training. Pre-authorization by the Chief of Police is
required at least which is approved by the City seven (7) days prior to the
training.
39. UNIFORMS AND EQUIPMENT
39A. The Employer will provide and issue all normally armed employees with a
handgun, badges, handcuffs, protective head gear, and stocking hats.
39B. The Employer shall provide all ammunition annually which is needed and
necessary for the performance of the duties. Ammunition for the on-duty
use shall be of high quality. Practice ammunition shall be provided by the
Employer during annual qualifications.
39C. Employees shall be issued at least three (3) sets of uniforms which shall
be replaced as needed. Car coats and jackets will be issued for sworn
employees only, not to exceed two (2). After two (2) years service,
employees shall turn in their uniform items before being issued new items.
Officers will be issued a bullet proof vest and will be required to wear it at
all times they are on patrol duty and investigators when executing search
warrants.
39D. Investigators shall be granted a two hundred fifty dollar ($250.00) uniform
allowance each January 1. Police uniforms provided shall be deducted
from said amount.
39E. The Employer agrees to reimburse employees the actual cost less ten
percent (10%) of employee’s personal items damaged in the line of duty
not as a result of the employee’s negligence or misconduct including only
the following:
26
Eyeglasses, watches, weapons, and tape recorders
Civilian clothing (if required)
(Maximum $250.00 per item)
This section does not apply to items of personal property covered by or
reimbursed pursuant to South Dakota compensation laws. If an employee
is reimbursed for the damage from any other source, he shall reimburse
the City for any payments made hereunder. The City agrees to replace
any item damaged due to work related incidents within two (2) weeks.
Upon receipt of purchase, the City will reimburse up to $100.00 (One
hundred dollars) for leather to all permanent, sworn officers who did not
receive the entitlement when it was originally provided.
40. FIREARMS
The City shall provide weapons for all officers.
40A. The required on-duty weapon package as designated by the Chief will
consist of a .40 caliber semi-automatic pistol with two (2) extra clips,
double clip holder and holster.
40B. Those officers who choose not to purchase the .40 caliber weapon will be
issued the complete .40 caliber weapon package by the City for on duty
use. The City issued weapon package shall be returned to the Chief of
Police or his designee upon separation of employment.
40C. During the probationary period, the City will issue new officers their duty
weapon and required leather accessories. The serial number, make and
model will be registered with the Chief.
40D. Standards for non-uniform officers weapons shall be set by the Chief of
Police.
40E. The officer will maintain the on-duty firearm at a satisfactory level to insure
proper functioning of the firearm.
40F. The firearm will be inspected for up-keep, maintenance and proper
functioning four (4) times a year by a designated firearms instructor within
the Department. If any malfunction or discrepancy is found in a firearm
that the officer has purchased, the cost to replace or repair will be at the
officer’s expense.
41. FIREARM QUALIFICATION
41A. There are three distinct types of firearm exercises, each of which shall be
scheduled at the discretion of the Chief of Police. These are:
41A.1 Firearm Training: These exercises shall be supervised by a
qualified instructor, and officers are therein instructed on proper
27
firearm use. Necessary ammunition and targets shall be provided
by the City at the time of the scheduled training exercises.
41A.2 Firearm Practice: A minimum of one (1) practice shooting exercise
shall be conducted at the Brookings Firearms range no less than
two (2) weeks prior to official firearms qualification. The practice
exercise(s) shall be scheduled in such a manner as to allow all
officers the opportunity to attend. Each officer shall be given two
hundred (200) rounds of ammunition and targets to be utilized
during practice exercises. Shooting exercises shall be supervised
by department firearms instructors to provide education and
assistance to officers in preparation of official firearms qualification.
41A.3 Official Qualification: Needed ammunition and targets shall be
provided by the City. This exercise determines the status of
officers as described below.
In order that this Department can be assured that each officer
maintains qualified status with his/her firearm, the following
procedure will be in effect:
41.A.3.a If an officer fails to meet the “State of South Dakota
Handgun Qualification” course once per year with a
minimum passing score of 76% qualify (70%) with his/her
firearm during the scheduled time and place for qualification
exercise, he/she will:
1) Surrender his/her firearm to the Chief of Police;
2) Be relieved of all normal duties as a police officer on
his/her shift or division and be assigned to in-house or
office duty until he/she has qualified with the
Department issued firearm. It will be up to the officer
who is not qualified to make arrangements with a
range officer to become qualified.
41.A.3.d If, after one week from the original qualification
exercise, the officer still has not qualified, the officer will be
placed on leave without pay until the officer is qualified. An
officer who fails to qualify within a reasonable time period,
as determined by Chief of Police and City Manager, shall
be subject to further disciplinary action up to and including
discharge.
42. VEHICLES
42A. All new patrol cars shall be equipped with adequate defrosters, heaters,
commercial radios, air conditioning, quality tires, first aid equipment, fire
extinguishers, and be properly serviced at regular intervals. Except under
emergency conditions, no employee shall be required to operate a vehicle
28
that does not comply with all State and City safety statutes, ordinances or
regulations.
42B. Cages shall be added to cars and shotguns shall be secured in locks in
the front of the patrol car.
42C. Upon obtaining new police vehicles, the City shall make every effort to
make the style and location of switches, lights, weapon holders, etc.,
uniform to that of existing police vehicles. This topic is an appropriate
subject for the Union Management Committee.
43. POLITICAL ACTIVITY
Employees of the City of Brookings are encouraged to exercise their right to vote.
However, other political activity shall be restricted, as outlined in this article. In
all cases, activities must be in compliance with the Conflict of Interest Policy as
adopted by the City Council. Failure to comply with the provisions of this article
may result in disciplinary action.
Any employee of this Bargaining Unit may seek any political office while
employed by the City provided:
43A. that said employee may not seek any political office or actively
campaign for any political office until after having submitted, in
writing to the City Manager Council, their intention to seek a
political office;
43B. that said employee never campaign in any manner whatsoever,
during hours of employment;
43C. that it is mandatory that said employee take a leave of absence for
no less than fourteen (14) days nor more than thirty (30) days prior
to any election for a position that would require the termination of
said employee’s employment if he/she is successful in the election.
Of that leave time, the employee may take two (2) weeks of
vacation leave. Any amount in excess of two weeks must be taken
as leave without pay; and
43D. an employee of the City of Brookings may not campaign on behalf
of any candidate for Mayor or City Council. However, this does not
preclude an employee from running for these offices as long as that
employee adheres to the parameters aforementioned in this article.
Any employee elected to a position on the City of Brookings City Council will
resign their position with the City prior to being sworn in on the Council.
29
44. WAGES
44A. Commencing January 1, 2010 2007, there shall be a two (2) 3.4%
increase to the City of Brookings Police Pay Plan.
44B. Commencing January 1, 2011 2008, the Pay plan will be adjusted by
three (3) 3.25%.
44C. Commencing January 1, 2012 2009, the Pay plan will be adjusted by the
average percentage of the six months (December 2010 to May 2011)
of the Consumer Price Index - Midwest Region with that rate being
no lower than 2.5% 3.25% and no higher than 3.5%.
44D. Wages will be set forth in Appendix A attached.
45. CHECK OFF
Effective May 31, 1987, Tthe Employer agrees that upon receiving written
authorization by the employee from the Union, the Employer will deduct all dues,
initiation fees and assessments designated by the Local Union. Such deductions shall
be remitted by the Employer to the Local Union at a time mutually agreed between the
City and the Union.
46. UNION BUSINESS AND REPRESENTATIVES
46A. The Employer agrees to grant the necessary time off, without
discrimination and without pay, to Union officers and stewards to attend a
labor convention, not to exceed a total of five (5) employees, and to any
one person the necessary time off, without discrimination and without pay,
to serve up to one (1) year in any official Union business. Fifteen (15)
calendar days written notice of such absence will be given by the Union to
the Employer.
46B. Upon receiving forty-eight (48) hours notice, the City shall excuse all
employees in the bargaining unit, except one scheduled full-time
dispatcher, to attend Union meetings, provided that during the term of the
contract, such Union meetings shall not exceed four (4) with each having
a maximum duration of four (4) hours. All employees attending such
Union meetings shall be available to handle calls in the same manner as
are handled during meetings called by the City, including FOP meetings.
Off duty employees attending such meetings shall do so on their own time.
47. BUSINESS AGENTS
Authorized agents of the Union, after having notified the Department Head, shall
have reasonable access to the City’s establishment and be permitted to visit and
converse with employees during regular on-duty hours for the purpose of adjusting
disputes, investigating working conditions, and ascertaining that the Agreement is being
30
adhered to; provided, however, that there is no significant effect on the City’s
responsibilities toward the general public.
48. LONGEVITY
48A. Regular employees shall be eligible for longevity pay based upon length of
service with the City of Brookings. Length of service shall be the full
number of years of service as of the anniversary date of the employee’s
employment. Years of service must be continuous years of service.
48B. Longevity pay shall be paid monthly with regular pay. All deductions
required by the law shall be made. In order to earn the payment of
longevity in a given month, the employee must work or use paid leave for
at least 50% of the hours payable in the payroll month. Employees will be
granted their new monthly longevity rate within the month that the
anniversary of their hire date falls.
48C. Beginning on January 1, 2005, Tthe amount of longevity pay shall be paid
at the rate of $5.50 per month per year after completing five (5) years of
continuous full-time employment.
49. SAFETY POLICY
49A. Safety Statement
The City of Brookings will attempt to provide the safest possible working
conditions for its employees.
49B. Policy Statement
49B.1 Safety will be given primary importance in planning and operating
City activities in order to protect City of Brookings employees
against occupational injuries and illnesses, and to protect the City
against unnecessary financial burden and reduced efficiency.
49B.2 Each employee is responsible for the safety, well being, and safe
work conduct of themselves and those that report to or are
assigned to him/her.
49B.3 To carry out this policy, the City will:
49B.3.a Maintain safe and healthful working conditions.
49B.3.b Furnish, within reason, the best available mechanical
safeguards and personal protective equipment, where
in its judgment, they are needed.
49B.3.c Maintain an active and aggressive program to
promote safety awareness.
31
49B.3.d Insist that all employees observe established safety
regulations and practices and use the safety
equipment provided.
49C. Purpose
Employees of the City of Brookings are considered valuable assets; their
safety is of vital concern. Recognizing its need and responsibility for the
safety of its employees, the City considers accident prevention and safe
and healthful working conditions integral parts of an efficient and well run
organization.
49D. Membership of the Safety Committee
49D.1 Membership of the Safety Committee will be composed of one
representative from each of the following departments with equal
representation of management and union employees:
Community Development, Engineering/Airport, Finance, Fire, Human
Resources, Library, Liquor Store, City Clerk, Park/Recreation/Forestry,
Police, Solid Waste, and Street. If a department does not submit a
proposed candidate from their department to serve on the Safety
Committee, that department will not be represented on the committee.
49D.2 The Human Resources representative shall be the only permanent
representative and shall be chairperson of the Safety Committee.
49D.3 All other members will serve three year terms with a staggered
rotation schedule to provide continuity.
49D.4 Each year the chairperson will submit a list of proposed candidates
to fill vacated Committee seats to the City Manager for
appointment.
49E. Duties of the Safety Committee
49E.1 The Safety Committee will review the South Dakota First Report of
Injury Reports and Minor Injury reports submitted to the Human
Resources Officer during the preceding month.
49E.2 The Safety Committee shall bring to a department management’s
attention the need for corrective action of any safety and
housekeeping problems the Safety Committee deems necessary.
It shall be management’s responsibility to review and/or investigate
the recommendation made and respond to the Safety Committee in
writing of the disposition of the recommendation. If the Safety
Committee is not satisfied with the response of management or has
32
33
not received a timely response, the issue can be referred to the City
Manager for a final decision on the matter.
49E.3 The Safety Committee will investigate complaints of violations of
Brookings City safety procedures and take appropriate action to
remedy them.
49F. Seat Belts
The City of Brookings requires the use of seat belts in the front seat of all
licensed city vehicles and/or equipment with seat belts and/or harness.
50. DURATION
This Agreement shall be in full force and effect from January 1, 2010 2007, to
and including December 31, 2012 2009, and shall supersede any prior Agreements
between the parties, and shall continue from year-to-year thereafter, unless written
notice of desire to cancel or terminate or modify the Agreement is served by either party
upon the other by July 1, 2012 2009.
51. REOPENER
When no cancellation or termination is served and the parties desire to continue
said Agreement but also desire to negotiate changes or revisions in the Agreement,
either party may serve upon the other a notice prior to the first day of July of the final
contract year advising that said party desires to revise or change terms or conditions of
said Agreement.
CITY OF BROOKINGS
_____________________________
City Manager
GENERAL DRIVERS AND HELPERS UNION
LOCAL 749
__________________________________
Secretary-Treasurer
34
APPENDIX A
Explanation of Pay Ranges
There are four (4) or six (6) steps for each non-management position within the Pay Scale. These rates shall
be the minimum and maximum rate for the position. New employees will normally be hired at Step A in the
appropriate classification unless experience and qualifications justify beginning above the minimum. All new
employees shall be granted a probationary appointment for a period of twelve (12) six (6) months. This
probationary period is a working test during which the new employee must satisfactorily demonstrate his/her
ability to perform his/her duties. In accordance to this agreement and upon satisfactory completion of the
twelve (12) month probationary period, the probationary employee will be reclassified to regular full-time and
advance to the next higher step in grade. After completing an additional twelve (12) six (6) months, the
employee may will advance to the next higher step in grade based on satisfactory job performance and
successful completion of each additional year of employment through step Six (6).
35
CITY OF BROOKINGS
Police - Represented
2007 Pay Plan
Schedule
PAY STEP STEP STEP STEP STEP STEP
GRADE POSITION TITLE A B C D E F
1PS-A Police Clerk 12.67 13.17 13.70 14.25 14.82 15.41
1PS-B Office Manager - Police 14.64 15.23 15.84 16.47 17.13 17.82
2PS Communications Operator 13.67 14.22 14.78 15.38 16.00 16.64
2PS-AC Animal Control Officer 13.60 14.15 14.71 15.30 15.91 16.54
3PS Police Officer 17.06 17.74 18.46 19.19 19.96 20.75
4PS Police Sergeant 21.21 22.07 22.93 23.86
36
CITY OF BROOKINGS
Police - Represented
2008 Pay Plan
Schedule
PAY STEP STEP STEP STEP STEP STEP
GRADE POSITION TITLE A B C D E F
1PS-A Police Clerk 13.08 13.60 14.15 14.71 15.30 15.91
1PS-B Office Manager - Police 15.12 15.72 16.35 17.01 17.69 18.40
2PS Communications Operator 14.11 14.68 15.26 15.88 16.52 17.18
2PS-AC Animal Control Officer 14.04 14.61 15.19 15.80 16.43 17.08
3PS Police Officer 17.61 18.32 19.06 19.81 20.61 21.42
4PS Police Sergeant 21.90 22.79 23.68 24.64
37
CITY OF BROOKINGS
Police - Represented
2009 Pay Plan
Schedule
PAY STEP STEP STEP STEP STEP STEP
GRADE POSITION TITLE A B C D E F
1PS-A Police Clerk 13.51 14.04 14.61 15.19 15.80 16.43
1PS-B Office Manager - Police 15.61 16.23 16.88 17.56 18.26 19.00
2PS Communications Operator 14.57 15.16 15.76 16.40 17.06 17.74
2PS-AC Animal Control Officer 14.50 15.08 15.68 16.31 16.96 17.64
3PS Police Officer 18.18 18.92 19.68 20.45 21.28 22.12
4PS Police Sergeant 22.61 23.53 24.45 25.44
City Council Packet
October 13, 2009
15. Adjourn.
182