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Home My WebLink About2020_10_13 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, October 13, 2020 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 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 20-0405 Action to approve the September 22, 2020 City Council minutes. 9/22/2020 MinutesAttachments: 3.C.ID 20-0407 Action on appointments to City Boards, Committees and Commissions. 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call Page 1 City of Brookings October 13, 2020City Council Meeting Agenda 5. Open Forum/Presentations/Reports: 5.A.ID 20-0418 Introduction of new and/or promoted City of Brookings employees. 5.B.ID 20-0398 Proclamation: National Disability Employment Awareness Month, October 2020. ProclamationAttachments: 5.C.ID 20-0425 Update on the Settlement Agreement and Release regarding the Brookings County Detention Center Project. Memo Settlement Agreement and Release Attachments: 5.D. Open Forum. 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. 5.E. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.RES 20-079 Action on Resolution 20-079, a Resolution Awarding Bids on 2020-2021 Contractor Snow Removal Equipment Contracts. Memo Resolution Snow Operations Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 20-080 Action on Resolution 20-080, a Resolution Awarding Bids on 2020-2021 Snow and Ice Removal Road Salt. Memo Resolution Snow Operations Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.ID 20-042 Action on the City General Employee Contract. Memo Agreement - clean Agreement - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.D.ID 20-0420 Action on the Police Department Union Contract. Page 2 City of Brookings October 13, 2020City Council Meeting Agenda Memo Agreement - clean Agreement - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.E.RES 20-081 Action on Resolution 20-081, a Resolution authorizing the Execution of a Real Estate Sale Acquisition Agreement. Memo Resolution Agreement Area Map Exhibit Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. 7.A.ORD 20-022 Introduction and First Reading on Ordinance 20-022, an Ordinance Establishing a Public Works Department. Second Reading: October 20, 2020. Memo Ordinance Existing Organizational Chart Proposed Organizational Chart Job Advertisement Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 20-021 Public Hearing and Action on Ordinance 20-021, an Ordinance Amending Chapter 51, Subdivision Regulations, pertaining to Information Required for a Preliminary Plat and Final Plat. Memo Ordinance - Clean Ordinance - Marked Notice Planning Commission Minutes Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 9/22/20 City Council read into the record 8.B.RES 20-082 Public Hearing and Action on Resolution 20-082, a Resolution giving Page 3 City of Brookings October 13, 2020City Council Meeting Agenda approval to certain Storm Drainage Improvements; giving approval to the Issuance and Sale off a Revenue Bond to Finance, Directly or Indirectly, the Improvements to the Facilities; approving the Form of the Loan Agreement and the Revenue Bond and Pledging Revenues and Collateral to Secure the Payment of the Revenue Bond; and creating Special Funds and Accounts for the Administration of Funds for Operating of the System and Retirement of the Revenue Bond. (State Avenue Watershed Improvement Project) Memo Resolution Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.C.RES 20-083 Public Hearing and Action on Resolution 20-083, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor Operating Agreement for Gonz Productions, Inc., dba Main Street Pub, Garner Hansen, owner, 408 Main St.: legal description: Block 7, Lot 5, Original Plat Addition. Memo Resolution Operating Agreement Notice of Public Hearing Code and SDCL References Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: None 10.ID 20-0432 COVID-19 Update. 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 12. Adjourn. Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Joey Collins, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Page 4 City of Brookings October 13, 2020City Council Meeting Agenda Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Page 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0405,Version:1 Action to approve the September 22, 2020 City Council minutes. Attachments: 09/22/2020 Minutes City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ Brookings City Council September 22, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, September 22, 2020 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Keith Corbett and Council Members Holly Tilton Byrne, Leah Brink, Patty Bacon, Joey Collins, Nick Wendell, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster was also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, to approve the consent agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. 3.A. Action to approve the agenda. 3.B. Action to approve the September 8, 2020 City Council Minutes. 3.C. Action Resolution 20-078, a Resolution declaring surplus property for the City of Brookings. Resolution 20-078 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Dept.: 2017 Ford Explorer. VIN: 1FM5K8AT7HGC25022. Park, Recreation & Forestry: Nature Park Surplus Items: Red Strider 18 months – 5 years; Red Strider 18 months – 5 years; Yellow Strider 18 months – 5 years; Yellow Strider 18 months – 5 years, Green Strider 18 months – 5 years; Orange Strider 18 months – 5 years; Blue Strider 18 months – 5 years; Red Strider 18 months – 5 years (in box); Red Strider 18 months – 5 years (in box); Red Strider 18 months – 5 years (in box); Red Strider 18 months – 5 years (in box); Black Strider 18 months – 5 years (in box); Green Strider 18 months – 5 years (in box); Green Strider 18 months – 5 years (in box); Black 16 Sport Strider 185 lb max; Black Strider Super 120 lb max; Red Strider Super 120 lb max; White Strider Super 240 lb max; Red 16 Sport Strider 185 lb max; Women’s charcoal & pink trek; Girls black trek bike; Girls black trek Lush 29; Men’s black & lime trek bike; Men’s black and white trek bike; Youth black & white trek bruiser; Boys red Schwinn falcon; Kids orange mongoose hunter bike; Park tool bike station; Yakima bike trailer; Yakima bike trailer; Hurley bike trailer; and Weehoo bike trailer. Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Open Forum. Bradley Walked expressed concerns regarding businesses being able to re-open at 100% capacity. SDSU Student’s Association Report. Zebadiah Johnson, SDSU Students Association Government Affairs Chair, provided an update on SDSU happenings to the City Council and public. Project Update: BUILD Grant Project. City Engineer Jackie Lanning provided an update to the City Council and public on the federal “Better Utilizing Investments to Leverage Development” (BUILD) Grant for construction of 20th Street South between 22nd Avenue South and 34th Avenue South along with an interchange at I-29 & 20th Street South. FIRST READING – Ordinance 20-021. Introduction and first reading was held on Ordinance 20-021, an Ordinance Amending Chapter 51, Subdivision Regulations, pertaining to Information Required for a Preliminary Plat and Final Plat. Public Hearing: October 13, 2020. Ordinance 20-020. A second reading was held on Ordinance 20-020, an Ordinance Authorizing Supplemental Appropriation #5 to the 2020 Budget - Part 1 & 2. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that Ordinance 20-020 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 20-018. A second reading was held on Ordinance 20-018, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2021 Fiscal Year and providing the Annual Tax Levy and Annual Tax for All Funds. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Ordinance 20-018 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. 10-Year Capital Improvement Plan (CIP). A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that the 10-Year Capital Improvement Plan (CIP), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins . Resolution 20-077. A motion was made by Council Member Collins, seconded by Council Member Wendell, that Resolution 20-077, a Resolution Adopting Amendments to the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-077 - Resolution Adopting Amendments to the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make reference to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness; and Whereas, Resolution 20-064, a Resolution Adopting the Consolidated Fee Schedule was approved by the City Council on August 11, 2020. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following amendments to the Consolidated Fee Schedule: Fee Schedule Fee Description City Code Fee City Clerk’s Office Technology Equipment Use / per hour TBD $65.00 Fire Dept. Fire Protection System Fees Fire Sprinkler Systems Sec. 34-81 $52.00 plus $2.00 per sprinkler head Retrofitted Fire Sprinkler Systems Sec. 34-81 $52.00 plus $2.00 per sprinkler head Kitchen Hood Extinguishing Systems Sec. 34-81 $100.00 Kitchen Hood Extinguishing Systems Modification Sec. 34-81 $50.00 Clean Agent or Other Total Flooding System Sec. 34-81 $100.00 per covered area Fire Alarm Systems Sec. 34-81 $128.00 plus $2.00 per each initiation and signaling device Fire Alarm System Modifications Sec. 34-81 $64.00 plus $2.00 per each initiation and signaling device Fines and Violations Offense City Code Fine Costs Total Miscellaneous Offenses Coronavirus COVID-19 Violations 20-010 First Offense $50.00 $72.50 $122.50 Second Offense $75.00 $72.50 $147.50 Third Offense $100.00 $72.50 $172.50 Parking Offenses with Court Appearance Size of Vehicles 82.522 $60.00 $72.50 $132.50 Prohibited Activities 82-523 $60.00 $72.50 $132.50 Removal of Vehicles 82.524 $60.00 $72.50 $132.50 Permit Parking 82-525 $60.00 $72.50 $132.50 Parking Offenses if Paid within 72 hours / without Court Appearance Size of Vehicles 82-522 $60.00 $0 $60.00 Prohibited Activities 82-523 $60.00 $0 $60.00 Removal of Vehicles 82-524 $60.00 $0 $60.00 Permit Parking 82-525 $60.00 $0 $60.00 All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Preliminary Plat. A motion was made by Council Member Wendell, seconded by Council Member Brink, that the Preliminary Plat for Lots 2B, 2C, 2D, 2E, 2F, and 2G, Block 3, Telkamp Industrial Addition, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Encroachment Easement. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that the authorization for an Encroachment Easement into Public Right-of-Way for 327 Main Avenue, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-071. A motion was made by Council Member Niemeyer, seconded by Council Member Bacon, that Resolution 20-071, a Resolution to Create Boundaries of Tax Increment Financing District #9, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-071 - Resolution Providing for the Creation of Tax Increment Financing District Number Nine (9), City of Brookings Whereas, the Planning Commission has recommended the District Boundaries for Tax Increment Financing District Number Nine, City of Brookings, and has recommended its creation; and Whereas, the City of Brookings has the powers, pursuant to SDCL 11-9-2, to create Tax Increment Financing District Number Nine, City of Brookings, and to define its boundaries. Now, Therefore, It Is Hereby Resolved: 1. Authority and Declaration of Necessity. The City of Brookings declares the necessity for the creation of Tax Increment Financing District Number Nine, City of Brookings (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. 2. Findings of Blight. The City Council makes the following findings with regard to blight: a. More than 25% of the property in the District is a blighted area; b. Improvements to the District will significantly and substantially enhance the value of all property within the District; c. A majority of the property within the District which is suitable for development is currently unplatted and not serviceable with public infrastructure; d. The aggregate assessed value of the District plus the tax incremental base of all other existing Districts in the city does not exceed Ten (10%) percent of the total assessed valuation in the City. e. The District is predominantly open bare land void of site improvements, that impairs the sound growth of the City. f. There exist inadequate street layouts and storm sewer which retard the provision of industrial accommodations. g. The District constitutes a blighted area as defined in SDCL Chapter 11-9. 3. Findings of Maximum Percentage of Tax Increment Financing Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed Ten (10%) percent of the total assessed valuation of the City of Brookings. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, Tax Increment Financing District Number Nine, City of Brookings. The District is hereby created on the day this Resolution becomes effective, which shall be twenty days after publication of this Resolution. 5. Designation of District boundaries. The District shall be located with the boundaries of the following described real property: Lots 1 & 2, Block 11, Freeland Addition and abutting rights-of-way of 32nd Avenue, City of Brookings, Brookings County, State of South Dakota, and Block 11 excluding Lots 1 & 2, Freeland Addition and abutting rights -of- way of 32nd Avenue and 24th Street and 32nd Avenue, City of Brookings, Brookings County, State of South Dakota, and Block 10 Exc Lot 1 & Exc ROW, Freeland Addition and abutting rights -of- way of 32nd Avenue, City of Brookings, Brookings County, State of South Dakota, and N 40’ of Lot 1, Shop Site Addition in NE ¼ SE ¼ in Section 18-T110N- R49W of the 5th P.M. and abutting rights-of-way of 24th Street and 34th Avenue, City of Brookings, Brookings County, State of South Dakota 6. Creation of Tax Incremental Fund. There is hereby created, pursuant to SDCL 11-9-31, a City of Brookings Tax Increment Financing District Number Nine Fund, which shall be a segregated asset account. All tax increments collected pursuant to Tax Incremental District Number Nine shall be deposited into the Tax Increment Financing District Number Nine Fund. All funds in the Tax Increment Financing District Number Nine Fund shall be used solely for those purposes expressly stated and reasonably inferred in SDCL Chapter 11-9. Resolution 20-075. A motion was made by Council Member Wendell, seconded by Council Member Bacon, that Resolution 20-075, a Resolution to Create Boundaries of Tax Increment Financing District #10, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-075 - Resolution Providing for the Creation of Tax Increment Financing District Number Ten (10), City of Brookings Whereas, the Planning Commission has recommended the District Boundaries for Tax Increment Financing District Number Ten, City of Brookings, and has recommended its creation; and Whereas, the City of Brookings has the powers, pursuant to SDCL 11 -9-2, to create Tax Increment Financing District Number Ten, City of Brookings, and to define its boundaries. Now, Therefore, It Is Hereby Resolved: 1. Authority and Declaration of Necessity. The City of Brookings declares the necessity for the creation of Tax Increment Financing District Number Ten, City of Brookings (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. 2. Findings of Blight. The City Council makes the following findings with regard to blight: a. More than 25% of the property in the District is a blighted area; b. Improvements to the District will significantly and substantially enhance the value of all property within the District; c. A majority of the property within the District which is suitable for development is currently unplatted and not serviceable with public infrastructure; d. The aggregate assessed value of the District plus the tax incremental base of all other existing Districts in the city does not exceed Ten (10%) percent of the total assessed valuation in the City. e. The District is predominantly open bare land void of site improvements, that impairs the sound growth of the City. f. There exist inadequate street layouts and storm sewer which retard the provision of industrial accommodations. g. The District constitutes a blighted area as defined in SDCL Chapter 11 -9. 3. Findings of Maximum Percentage of Tax Increment Financing Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed Ten (10%) percent of the total assessed valuation of the City of Brookings. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, Tax Increment Financing District Number Ten, City of Brookings. The District is hereby created on the day this Resolution becomes effective, which shall be twenty days after publication of this Resolution. 5. Designation of District boundaries. The District shall be located with the boundaries of the following described real property: Block 3 and 4, D & D Addition and abutting roads rights-of-way, City of Brookings, Brookings County, State of South Dakota Lot 10, Block 13, Pheasant Nest Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota Lot 1, Block 12, Pheasant Nest Addition and abutting road rights -of-way, City of Brookings, Brookings County, State of South Dakota Lot 2A and 3A, Block 12A, Pheasant Nest Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota Lot 5B, Block 13, Pheasant Nest Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota Lot 10, Block 11, Pheasant Nest Addition and abutting road rights -of-way, City of Brookings, Brookings County, State of South Dakota Lot 1, Block 2, McClemans Addition and abutting road rights -of-way, City of Brookings, Brookings County, State of South Dakota NE ¼ of SE ¼ Exc S 300’ thereof, and Exc McClemans Addition of Section 35-T110N-R50W and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota Lot 9 and 16A, Block 11, McClemans Addition and abutting road rights -of- way, City of Brookings, Brookings County, State of South Dakota 6. Creation of Tax Incremental Fund. There is hereby created, pursuant to SDCL 11-9-31, a City of Brookings Tax Increment Financing District Number Ten Fund, which shall be a segregated asset account. All tax increments collected pursuant to Tax Incremental District Number Ten shall be deposited into the Tax Increment Financing District Number Ten Fund. All funds in the Tax Increment Financing District Number Ten Fund shall be used solely for those purposes expressly stated and reasonably inferred in SDCL Chapter 11 -9. COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the City Council and public. Adjourn. A motion was made by Council Member Wendell, seconded by Council Member Bacon, that this meeting be adjourned at 6:53 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0407,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Human Rights Commission - college student representative Number of positions:1 Term Length:1 year Residency Requirement:not required Purpose: The mission of the Brookings Human Rights Commission is to improve human relations in the Brookings area by fighting discrimination through education and a complaint resolution procedure. The Commission seeks to protect the rights of and prevent and eliminate bias and discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, national origin, age, marital status, ethnicity, sexual orientation, gender identity, or political affiliation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. The Commission promotes educational activities to make Brookings an inclusive and welcoming community. Mayor’s Recommendation: 1.Appoint Shedrick Flournoy Public Arts Commission - SDSU School of Design Representative Number of positions:1 Term Length:3 years Residency Requirement:required for majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages a community’s artists and citizens to engage in creative activities and artistic development. A public arts commission can develop and implement a unified public art strategy for a community. The role of the Brookings Public Arts Commission is as follows: 1.To develop a unified public art strategy for the City of Brookings; 2.To advise the City Council and other community groups and agencies who are initiating a public art project concerning the proposed site, selection of a professional artist and commissioning of a public artwork; 3.To oversee the Public Art Fund; 4.To guide and monitor design development process through reviews at various stages to ensure artistic and design quality, integration with the site and relevance to the community; City of Brookings Printed on 10/8/2020Page 1 of 2 powered by Legistar™ File #:ID 20-0407,Version:1 5.To approve the final design prior to fabrication; and 6.To approve the final artwork, installation procedures, and maintenance plan prior to installation. Mayor’s Recommendation: 1.Appoint Brian Rex Sustainability Council Number of positions:1 Term Length:2-year (filling unexpired term) Residency Requirement:not required Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future quality of life while still meeting the needs of the present. Mayor’s Recommendation: 1.Appoint Louis Hesler Recommendation: Staff recommends approval. City of Brookings Printed on 10/8/2020Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0418,Version:1 Introduction of new and/or promoted City of Brookings employees. The following City of Brookings employees will be introduced to the City Council and public: ·Jonny Weinrich - promoted from Patrol Officer to Patrol Sergeant. He has been with the City of Brookings for 8 years. ·Don Goff - Information Technology Manager. He comes to us from the City of Moline, Illinois, where he was the City’s IT Manager for 16 years. City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0398,Version:1 Proclamation: National Disability Employment Awareness Month, October 2020. Summary: Brianna Doran, Chair of the Brookings Committee for People who have Disabilities, will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, National Disability Employment Month is commemorating its 75th anniversary of educating about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities, WHEREAS, NDEAM is led by the U.S. Department of Labor's Office of Disability Employment Policy, but its true spirit lies in the many observances held at the grassroots level across the nation every year. Employers of all sizes and in all industries are encouraged to participate in NDEAM. WHEREAS, Workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy. NOW, THEREFORE, I, Keith W. Corbett, Mayor of the City of Brookings, do hereby proclaim October 2020 as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH And I call upon employers, schools and other community organizations in Brookings to observe this month with appropriate programs and activities, and to advance its important message that people with disabilities are equal to the task throughout the year. IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 13th day of October, 2020. Keith W. Corbett, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0425,Version:1 Update on the Settlement Agreement and Release regarding the Brookings County Detention Center Project. Summary: The City of Brookings filed with the South Dakota Supreme Court an appeal for the Circuit Court ruling on the Brookings County Detention Facility. In August, the City Council passed resolution 20- 066 seeking a settlement agreement with the County to withdraw the appeal to the Supreme Court. City Council requested a discussion of the settlement agreement. Background: The City of Brookings received a ruling from the Circuit Court this year on the Brookings County Detention Facility. In July, the City sought to proceed with litigation efforts through the South Dakota Supreme Court. In August, City Council passed resolution 20-066 withdrawing the Supreme Court appeal. The resolution authorized the City Manager to execute a settlement agreement and release to terminate the litigation. Attachments: Memo Resolution Settlement Agreement City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul Briseno, City Manager Council Meeting: October 13, 2020 Subject: City/County Detention Center Settlement Agreement Person(s) Responsible: Steve Britzman, City Attorney Summary: The City of Brookings filed with the South Dakota Supreme Court an appeal for the Circuit Court ruling on the Brookings County Detention Facility. In August, City Council passed resolution 20-066 seeking a settlement agreement with the County to withdraw the appeal to the Supreme Court. City Council requested a discussion of the settlement agreement. Background: The City of Brookings received a ruling from the Circuit Court this year on the Brookings County Detention Facility. In July, the City sought to proceed with litigation efforts through the South Dakota Supreme Court. In August, City Council passed resolution 20-066 withdrawing from the Supreme Court appeal. The resolution authorized the City Manager to execute a settlement agreement and release to terminate the litigation. Discussion: A final settlement agreement is attached to this memo and presented to City Council as a report of the agreed terms. The terms include the issuance of a city building permit, city would request the circuit court vacate the memorandum decision, the detention facility would not increase substantially in size as set forth in the drawings, continuation of an approved variance for street alignment, and continued commitment of collaboration. Legal Consideration: None. Financial Consideration: None as this is for reporting purposes. Supporting Documentation: Settlement Agreement City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-079,Version:1 Action on Resolution 20-079, a Resolution Awarding Bids on 2020-2021 Contractor Snow Removal Equipment Contracts. Summary: This resolution will award the 2020-2021 Contractor Snow Removal Equipment Contracts to the bidding contractors based on the best value for the City. Background: The Brookings Street Department uses contractors to assist in snow removal efforts. Contractors are called out on an as needed basis and are ranked per the best value per required piece of equipment. Recommendation: Staff recommends approval Memo Resolution Snow Operations Plan City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: October 13, 2020 Subject: Awarding Bids on Contracted Snow Removal Equipment Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The City uses contractors to assist in snow removal efforts. This resolution will award the 2020-21 Contractor Snow Removal Equipment Contracts which provide best value for the City as determined by cost per cubic yard. The City received comparable or improved response to the bid request in comparison to the 2019-20 season. Background: The City uses contractors to assist in snow removal efforts. This assistance augments City equipment and staff, traditionally in residential neighborhoods. Based on snow falls, contractors are called out on an as-needed basis and are ranked on the best value per equipment from annual bidding of equipment. Discussion: The City opened bids on Thursday, October 2, 2020 at 1:30 pm at the City & County Government Center. The following bids were received: Four (4) Motor Graders with Wings: Two (2) bids were received. 1. Bowes Construction Inc., CAT without Wing, $185.00/hr. 2. Bowes Construction Inc., Cat with Wing, $200.00/hr. One (1) 3- to 6-Yard Loader: Six (6) bids were received. 1. Winter Contracting LLC, 644K, 4.50 cubic yards, $184.00/hr. 2. Winter Contracting LLC, 624K, 3.50 cubic yards, $145.00/hr. 3. Bowes Construction Inc., CAT, 5.00 cubic yards, $220.00/hr. 4. Timmons Construction Inc., Hyundai 757, 3.30 cubic yards, $155.00/hr. 5. Bowes Construction, CAT, 4.00 cubic yards, $190.00/hr. 6. Bowes Construction, CAT, 3.00 cubic yards, $170.00/hr. Four (4) Loaders with Reversible Blades: One (1) bid was received. 1. Bowes Construction Inc., CAT, $210.00/hr. Ten (10) End-Dump Trucks: Thirteen (13) bids were received. 1. DeBoer Construction Inc., #102, 28.00 cubic yards, $135.00/hr. 2. Winter Contracting LLC, #14, 23.00 cubic yards, $122.00/hr. 3. DeBoer Construction, Inc., #101, 23.00 cubic yards, $125.00/hr. 4. Bowes Construction Inc., #26, 22.70 cubic yards, $130.00/hr. 5. Bowes Construction Inc., #27, 22.70 cubic yards, $130.00/hr. 6. Bowes Construction Inc., #29, 22.70 cubic yards, $130.00/hr. 7. Bowes Construction Inc., #30, 22.70 cubic yards, $130.00/hr. 8. Prussman Contracting Inc., #19, 22.80 cubic yards, $135.00/hr. 9. Prussman Contracting Inc., #20, 22.80 cubic yards, $135.00/hr. 10. Prussman Contracting Inc., #22, 22.20 cubic yards, $135.00/hr. 11. Timmons Construction, Inc., #4, 22.20 cubic yards, $135.00/hr. 12. Prussman Contracting Inc., #21, 20.60 cubic yards, $135.00/hr. 13. Prussman Contracting Inc. #23, 19.50 cubic yards, $135.00/hr. Four (4) Side-Dump Trucks: Four (4) bids were received. 1. Winter Contracting LLC, #10, 34 cubic yards, $138.00/hr. 2. Winter Contracting LLC, #12, 32 cubic yards, $138.00/hr. 3. DeBoer Construction Inc., #103, 34 cubic yards, $150/hr. 4. DeBoer Construction Inc., #104, 34 cubic yards, $150/hr. Contractors will assist in snow removal operations as needed and will be called out in order of best value as determined by cost per cubic yard. Bids were largely consistent with 2019-2020 pricing. Legal Consideration: None. Strategic Plan Consideration: Snow removal contracting furthers Brookings’ mission of providing a high quality of life for its citizens through proactive, fiscally responsible municipal government. Effective snow removal also supports the tenant of economic development through safe an d efficient business travel. Financial Consideration: City budget is $98,880. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move the item to a work session 4. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Snow Operations Plan Resolution 20-079 Resolution Awarding Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Thursday, October 2, 2020 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Four (4) Motor Graders with Wings: Two bids were received. 1) Bowes Construction, Inc., CAT, $185.00/hour; and 2) Bowes Construction, Inc., CAT w/ Wing, $200.00/hour. One (1) 3- to 6-Yard Loader: Six bids were received. 1) Winter Contracting LLC, 644K, 4.50 cubic yards, $184.00/hour; 2) Winter Contracting, LLC, 624K, 3.50 cubic yards, $145.00/hour; 3) Bowes Construction, CAT, 5.00 cubic yards, $220.00/hour; 4) Bowes Construction, CAT, 4.00 cubic yards, $190.00/hour; 5) Bowes Construction, CAT, 3.00 cubic yards, $170.00/hour; and 6) Timmons Construction, Inc., Hyundai 757, 3.30 cubic yards, $155.00/hour. Four (4) Loaders with Reversible Blades: One bid received. 1) Bowes Construction, CAT, $210.00/hour. Ten (10) End-Dump Trucks: Thirteen bids were received. 1) DeBoer Construction, #102, 28.00 cubic yards, $135.00/hour; 2) Winter Contracting, Inc., #14, 23.00 cubic yards, $122.00/hour; 3) DeBoer Construction, #101, 23.00 cubic yards, $125.00/hour; 4) Bowes Construction, Inc., #26, 22.70 cubic yards, $130.00/hour; 5) Bowes Construction, Inc., #27, 22.70 cubic yards, $130.00/hour; 6) Bowes Construction, Inc., #29, 22.70 cubic yards, $130.00/hour; 7) Bowes Construction, Inc., #30, 22.70 cubic yards, $130.00/hour; 8) Prussman Contracting, Inc., #19, 22.80 cubic yards, $135.00/hour; 9) Prussman Contracting, Inc., #20, 22.80 cubic yards, $135.00/hour; 10) Prussman Contracting, Inc., #22, 22.20 cubic yards, $135.00/hour; 11) Timmons Construction, Inc., #4, 22.20 cubic yards, $135.00/hour; 12) Prussman Contracting, Inc., #21, 20.60 cubic yards, $135.00/hour; and 13) Prussman Contracting, Inc., #23, 19.50 cubic yards, $135.00/hour. Four (4) Side-Dump Trucks: Four bids were received. 1) Winter Contracting, LLC, #10, 34.00 cubic yards, $138.00/hour; 2) Winter Contracting, LLC, #12, 32.00 cubic yards, $138.00/hour; 3) DeBoer Construction, Inc., #103, 34.00 cubic yards, $150.00/hour; and 4) DeBoer Construction, Inc., #104, 34.00 cubic yards, $150.00/hour. Now Therefore, Be It Resolved the following bids be accepted: Four (4) Motor Graders with Wings: Two bids were received. 1) Bowes Construction, Inc., CAT, $185.00/hour; and 2) Bowes Construction, Inc., CAT w/ Wing, $200.00/hour. One (1) 3- to 6-Yard Loader: Six bids were received. 1) Winter Contracting LLC, 644K, 4.50 cubic yards, $184.00/hour; 2) Winter Contracting, LLC, 624K, 3.50 cubic yards, $145.00/hour; 3) Bowes Construction, CAT, 5.00 cubic yards, $220.00/hour; 4) Bowes Construction, CAT, 4.00 cubic yards, $190.00/hour; 5) Bowes Construction, CAT, 3.00 cubic yards, $170.00/hour; and 6) Timmons Construction, Inc., Hyundai 757, 3.30 cubic yards, $155.00/hour. Four (4) Loaders with Reversible Blades: One bid received. 1) Bowes Construction, CAT, $210.00/hour. Ten (10) End-Dump Trucks: Thirteen bids were received. 1) DeBoer Construction, #102, 28.00 cubic yards, $135.00/hour; 2) Winter Contracting, Inc., #14, 23.00 cubic yards, $122.00/hour; 3) DeBoer Construction, #101, 23.00 cubic yards, $125.00/hour; 4) Bowes Construction, Inc., #26, 22.70 cubic yards, $130.00/hour; 5) Bowes Construction, Inc., #27, 22.70 cubic yards, $130.00/hour; 6) Bowes Construction, Inc., #29, 22.70 cubic yards, $130.00/hour; 7) Bowes Construction, Inc., #30, 22.70 cubic yards, $130.00/hour; 8) Prussman Contracting, Inc., #19, 22.80 cubic yards, $135.00/hour; 9) Prussman Contracting, Inc., #20, 22.80 cubic yards, $135.00/hour; 10) Prussman Contracting, Inc., #22, 22.20 cubic yards, $135.00/hour; 11) Timmons Construction, Inc., #4, 22.20 cubic yards, $135.00/hour; 12) Prussman Contracting, Inc., #21, 20.60 cubic yards, $135.00/hour; and 13) Prussman Contracting, Inc., #23, 19.50 cubic yards, $135.00/hour. Four (4) Side-Dump Trucks: Four bids were received. 1) Winter Contracting, LLC, #10, 34.00 cubic yards, $138.00/hour; 2) Winter Contracting, LLC, #12, 32.00 cubic yards, $138.00/hour; 3) DeBoer Construction, Inc., #103, 34.00 cubic yards, $150.00/hour; and 4) DeBoer Construction, Inc., #104, 34.00 cubic yards, $150.00/hour. Passed and approved this 13th day of October, 2020. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN Version: November 2019 A. INTRODUCTION B. GENERAL POLICY STATEMENTS C. STORM CLASSIFICATIONS D. IMPLEMENTATION PROCEDURES 1. WEATHER/STORM DECISIONS 2. PERSONNEL NOTIFICATION/RECALL 3. DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES 1. CITY OF BROOKINGS 2. CONTRACTORS F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES 1. EMERGENCY SNOW ROUTE TICKET/TOWING PROCEDURES 2. DE-ICER AND ABRASIVE APPLICATION 3. MEDIA INTERFACE 4. ACCIDENTS G. STAFF AND EQUIPMENT ASSIGNMENTS H. PRE-WINTER SEASON PREPARATION 1. SAFETY TRAINING 2. OPERATOR TRAINING/CERTIFICATION 3. EQUIPMENT PRE-INSPECTION AND CALIBRATION I. POST OPERATIONS PROCEDURES A. INTRODUCTION: 1. The purpose of the Snow and Ice Removal Operation Plan is to provide all personnel who are involved in snow and ice removal, and the public a single source of information which clearly defines the City of Brookings’s policies and procedures in all snow and ice operations. 2. Snow and Ice operations will be accomplished as expeditiously as possible in conjunction with the priorities outlined in this plan due to public safety and economic impact 3. The Snow and Ice season in Eastern South Dakota can begin as early as October and terminate as late as late-April. The rate of accumulation of snowfall or icing is affected by atmosphere temperature, pavement temperature, moisture content, wind direction and velocity, and intervals between storms. Each storm is unique, and conditions may vary across the city. Therefore, while this plan tries to cover the major operations during a Snow and Ice storm, it must be recognized that there must be sufficient flexibility within the plan to provide differences and or contingencies in order to respond effectively to actual conditions. B. GENERAL POLICY STATEMENTS: 1. The policy of the City of Brookings is to clear Emergency Snow Routes and Public Safety Facilities of snow and ice as expeditiously as practicable within the City’s area of responsibility during and following every storm through the use of equipment and applicable materials 2. Snow and Ice control operations on all roads will be prioritized based on immediate need for the public safety. Emergency snow routes will be given the first priority for plowing and de-icing during and after a storm. The intent is for all Emergency Snow Routes to be kept open when possible. Emergency routes are shown in RED on the Snow Removal Map. a. No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing. 3. Snow removal and de-icing operations at the end of the storm, or during times deemed necessary will be shifted to non-emergency main artilleries and collector roads within city limits. These are shown in GREEN and BLUE on the Snow Removal Map 4. At the end of the precipitation event, snow removal and de-icing operations will be shifted to all remaining residential streets, cul-de- sacs and alley ways within city limits. 5. The downtown core area will be cleared during or after emergency route removal operations are complete or as manpower and equipment resources become available. This is typically done between the early morning hours of 1:00am – 7:00am. It is important for sidewalk snow and ice removal operations be completed prior to street snow and ice removal operations. (see Sec. 74-2) This ensures that the work has to be done only one time per storm. 6. All other sidewalks are to be maintained by the adjacent property owners per City Code. a. Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. b. Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow removal in central business district. It is unlawful for any person to shovel or deposit snow, leaves, material or other substances of any king and description from private property onto any public street, alley or public right of way. Such conduct or action is declared to be a nuisance. This section however, does not prohibit the placement of snow from a sidewalk in the central business district in the curb area of the street where no boulevard or other property exists to place snow from the sidewalk. 7. Snow removal and de-icing operations will not be undertaken in alleys unless there are snow accumulations in excess of 4” or ice accumulations in excess of ½” as verified by Street Department staff. 8. A Winter Storm Alert can only be declared by the Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager. Notice of a Winter Storm Alert will be given by posting on the City Cable Television Channel, and by issuance of a notification to the public via print, website, social media and other digital materials. In the event of a declaration of a Storm Alert, the Police will ticket or tow vehicles located on all Emergency Snow Routes as necessary to expedite the Snow and Ice removal operations. 9. City personnel will not clear plowed-in driveways. Clearing driveways is the citizens’ responsibility. The plowing operation produces a continuous windrow of snow, and by its nature is expected to block some citizens’ cleared driveways when there is significant snow accumulated in the street. 10. The Street Superintendent may provide the media with Snow/Ice removal updates during and after storm operations to keep the public informed of the conditions of the roads. The City Snow Hotline, telephone number 696-7669, and may be called for updates on City Snow removal operations. C. STORM CLASSIFICATIONS: 1. Each Snow or Ice storm will be unique and vary in intensity, duration and total precipitation. This section will apply a basic classification system to assist in establishment of priorities of equipment, material manpower, and a management system for implementation in all Snow and Ice removal operations. The storm classification system will utilize an estimated total expected snowfall for snow and total ice glazing for ice storms. This information will come from multiple weather sources including; NOAA, Keloland and the National Weather Service. 2. Classes of Storms: Class 1: 0” – 2” a. Class 1 storm is defined as a storm with accumulations of two inches or less, which in most cases will only require light plowing and treating of pavement with applicable materials. All controls and reporting of when the decision is made to proceed with snow and ice removal operations will be managed by the Street Superintendent. During a Class 1 storm City crews will handle snow removal or deicing operations. Contractors will not be activated. Class 2 Storm: 2”- 6” Emergency Route Snow Advisory b. Class 2 is defined as a storm of moderate to heavy snowfall with estimated range of two - six inches. A Class 2 storm will cause an issuance of an emergency route snow advisory. During a Class 2 storm event there is no parking on Emergency snow routes. Those routes will be given the first priority for plowing and de- icing. The intent is for all Emergency Snow Routes to be kept open when possible. A Snow Alert is possible if the actual conditions warrant. All controls and reporting of when and what equipment will be implemented for snow and ice removal operations will be managed by the Street Superintendent. During a Class 2 Storm, the Street Superintendent may use City crews within all departments or decide to activate contractors to plow their designated areas. Class 3 Storm: 6”+ , Snow Alert c. Class 3 storm is defined as a storm of extremely heavy snow of six inches or more occurring in a period of 24 hours or less. This type of storm will cause life threatening conditions to occur. When weather forecasts indicate that a Class 3 storm is imminent all appropriate city equipment will be mobilized immediately. The Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager, will declare a Snow Alert. At that time a Parking ban on all City streets will be implemented and enforced. The declaring official shall make the appropriate media notifications of the Snow Alert. Parking ban on all City streets will be enforced. A class 3 storm will activate all contactors to plow their designated areas. d. Ice Storms. All Ice Storms will be rated as a Class 1 type storm. Ice Storms will cause an immediate threat to the public safety. If an Ice Storm is forecast as imminent or otherwise develops, the City will follow Class 1 procedures. D. IMPLEMENTATION PROCEDURES: 1. Weather/Storm Decisions: a. During normal duty and non-duty hours the key personnel (Street Superintendent or their designees) involved in Snow and Ice control will monitor forecast storms utilizing the National Weather Service, and local news outlets for updated weather information. If a Class 1 storm is predicted, the Street Superintendent will monitor conditions to verify equipment needs. During a Class 2 storm event, an Emergency Route Snow Advisory will be issued, but a Snow Alert may or may not be activated. City crews will monitor conditions to determine the need for a Snow Alert. For Class 3 storms a Snow Alert will be issued by the Street Superintendent. b. In the event of a surprise storm outside normal work hours, the police dispatcher will, based on police observations, call the Street Superintendent, alerting them of the storm conditions. The Street Superintendent will make the decision to dispatch the appropriate personnel and equipment for the conditions. 2. Personnel Notification/Recall: a. It is imperative that the Street Department and other city departments maintain a current and validated recall roster during the snow and ice season. Quick response is the key to successful implementation of this plan. The Street Superintendent will prepare an active recall roster. 3. Declaration of a Winter Emergency Route Snow Advisory / Snow Alert: a. Only the Street Superintendent or Acting Street Superintendent can declare a Snow Advisory or Alert. In their absence, this decision is delegated to the Chief of Police and/or the City Manager. b. Emergency Route Snow Advisory will be issued for a snow event that requires Emergency Routes be cleared. This is done to ensure that emergency services can access all quadrants of town. During a Emergency Route Snow Advisory, Emergency Snow Routes will cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing 1) When an Emergency Route Snow Advisory has been declared, the declaring official will contact the media by posting or announcing that a Snow Advisory has been declared and all vehicles not removed from Emergency Routes will be subject to ticketing and towing. c. Snow Alerts will be issued for snow events that will require all available equipment and manpower to clear all City streets, alleys and cul-de-sacs. Emergency Routes will maintain a priority during Snow Alerts and may be cleared multiple times during the same event. The issuance of a Snow Alert will automatically implement a Parking Ban. This is done to ensure crews and their equipment can operate in a safe and efficient manner. 1) When a Snow Alert has been declared, the declaring official will contact the media by announcing that a Snow Alert has been declared and all vehicles not removed from all city streets will be subject to ticketing and towing. d. The declaring official will notify the City of Brookings key personnel. This includes the City Manager, Police Chief, Police Dispatch and the Fire Department. e. Ticketing and towing operations will be conducted by the City of Brookings Police Department. Section F.1 of this plan covers specifics for these procedures. E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES: 1. City of Brookings a. The priorities for Snow and Ice removal will be as follows: (note Priorities may be adjusted due to specif ic storm conditions): 1) Emergency snow routes designated in RED on the Emergency Snow Route Map 2) Major arterial and collector routes designated GREEN and BLUE on the Snow Removal Map 3) Other through streets. 4) Cul-de-sacs and other streets with no outlet. 5) Alleys when snow accumulation greater than 4”, or ice accumulation greater than ½” as confirmed by Street Superintendent. A) Annex 1 is the emergency snow route map. B) Annex 2 is the City/Contractor snow maps 2. Contractors a. The City uses contractors to help assist in the snow removal process. Contractors are given a designated are of town, and they focus in that area only. This is done for consistency and effectiveness towards time. The Street Superintendent will provide them with maps of their area, and will also follow on contractor work quality and progress during snow removal operations. F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES: 1. Emergency Snow Routes - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth of 2” or more, snow removal operations will be required on Emergency Snow Routes, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Advisory, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street designated as an Emergency Snow Route. 2) To operate a motor vehicle on any Emergency Snow Route in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. 4) The following Streets are Established Emergency Snow Routes: (as shown in Appendix 1)  1st Avenue … from 6th Street to Front Street  Front Street … from 1st Avenue to 3rd Avenue  3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue to 5th Avenue  Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side parking from 8th Street to 9th Street 2. Snow Alert Parking Ban - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to 4+” and that snow removal operations will be required for the entire town, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Alert Parking Ban, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street, cul-de-sac or alley. 2) To operate a motor vehicle on any street within the city limits in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. b. A minimum of a 4-hour notice must be provided to the public by the initiating official. This allows for citizens to move vehicles, trailers and equipment out of the roadways. c. Parking Ban Information  City of Brookings webpage  Notify Me text and email notification alert system  Social Media  “Snow Line”: (605) 696-7669  Television: KDLT, KELO, KSFY, or Cable Channel 9  FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1  AM Radio: 910 or 1430  Other means deemed necessary due to changes of the above outlets.  NOTE: When parked vehicles or other obstructions left in the street make the plowing or abrasive application unsafe, risky, or unproductive to the detriment of operations on other streets, the area in question will be skipped until such time as removal activities may be done safely and efficiently. 3. Media Interface: a. It is imperative that the general public be informed on a regular basis during Class 2 and 3 storms of the city’s efforts both successful and not so successful in all aspects of Snow and Ice removal operations. b. All media releases will be by the Street Superintendent, Acting Street Superintendent, Public Information Officer or other designated official. 4. Accidents: a. All accidents involving city vehicles occurring during Snow and Ice removal operations will be reported immediately by cell phone from snow equipment to the Street Superintendent. 1) Accidents are to be reported as follows. a) Vehicular Damage - An accident report will be filled out at the scene of the accident in addition to the radio report. Standard accident procedures and forms will be utilized. Additionally, a law enforcement officer will investigate the accident at the scene prior to resumption of Snow and Ice removal operations by the city vehicle involved. b) Private Property Damage - (Mail Boxes, sprinkler systems, and other private improvements) - Your mailbox and the access to it for the U.S. Postal Service is the responsibility of the resident. Again, because the crews have no place to put the snow, curbside mailboxes may become blocked and in those cases it is the responsibility of the resident to move that snow beyond the street so that the postal service may access the mailbox. Heavy snow pushed or thrown by the plow may damage mailboxes. This is not intentional, but does occasionally happen. The City is not responsible for damage to mailboxes or other private improvements placed within the road rights-of-way of its roads that occurs as a result of snow and ice removal operations. c) Claim filing procedure- Any claims for insurance purposes will be completed at the Street Department office at 125 7th Ave. or, the City Human Resource Department at 520 3rd St Suite 230. After completion the claimant paperwork will then be processed for approval. G. STAFF AND EQUIPMENT ASSIGNMENTS: 1. At the beginning of a Class 2 or 3 Storm the Street Department will immediately commence operation. 2. The Street Department will be the primary staff and equipment resource for all snow and ice removal operations. However, during sustained snow and ice removal operations other departments may be asked by the Street Superintendent to provide both staff and equipment resources to support the in snow and ice removal operations. 3. Due to personnel and extent of winter weather events, it may not be feasible to work shifts during extended storm events. For safe operations, every effort will be made to have as many streets in serviceable condition as possible in accordance with the storm route priorities in as short a time as feasible. If operations are not complete prior to personnel working for 15 continuous hours beginning when they reported to work, whether for their regular shift or specifically for emergency call out, operations will cease and personnel will be sent home to rest and sleep. Employees will report back to work no sooner than six (6) hours from the time operations ceased. H. PRE-W INTER SEASON PREPARATION: 1. Safety Training: Commencing in October and continuing through the fall and winter seasons, the Street Superintendent will schedule recurring training that will focus on snow and ice control issues. a. City operations personnel will hold meetings to discuss known strengths and weaknesses in preparation for the snow and ice season. These meetings will be conducted by the Street Superintendent. b. Practice runs of the routes will be driven by all operators prior to mid-November to ensure all are familiar with the Emergency Snow Routes and their designated areas. 2. Operator Training/Certification: New operators will be assigned to an experienced operator to receive training on all phases of snow and ice control. New operators will receive this training in pre-season and during the actual snow and ice control season. The trainer of the new operator will at the time of the new operator proficiency, certify t o the Street Superintendent of city operations that the new operator is cleared for individual (solo) operation. Operators will not be assigned to equipment that they are not qualified to operate under any circumstance. 3. Equipment Pre-Inspection and Calibration: Commencing in October, the Street Division will prepare and ensure all snow and ice removal equipment is prepared and operational for mounting to its assigned piece of equipment. a. All salt/sand spreaders will be calibrated and certified by the Street Superintendent, or his designee, to ensure maximum efficiency. b. Salt and sand spreaders will be mounted on the assigned truck after the end of the annual construction season or at such time as directed by the Street Superintendent. I. POST OPERATIONS PROCEDURES: 1. During storms, and after each shift, the operator will perform the required maintenance and services on his assigned equipment. These services include the following: FILL FUEL TANKS CHECK LIGHTS CHECK ALL FLUIDS INSPECT FOR FLUID LEAKS FILL WINDSHIELD WASHER FLUID CHECK TIRE PRESSURE CHECK TENSION ON CHAINS (TIRE AND SPREADER) FILL SALT/SAND HOPPER WITH MATERIAL CHECK CUTTING EDGES ON EQUIPMENT 2. After storms, all equipment will receive a thorough inspection by the operators. Vehicles will be washed. All known deficiencies will be reported to the Street Superintendent for immediate correction. Repairs of snow and ice removal equipment will be first priority during winter storm season. APPENDIX 1 – Emergency snow removal route map APPENDIX 2 – City/Contractor snow removal maps NORTH EAST NORTH WEST SOUTH EAST SOUTH WEST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-080,Version:1 Action on Resolution 20-080, a Resolution Awarding Bids on 2020-2021 Snow and Ice Removal Road Salt. Summary: The City uses road salt as part of the snow and ice removal process. This resolution will award the 2020-21 road salt bid based on best pricing available. The low bid of $74/ton is a 17% decrease from the 2019-2020 road salt price. Background: The City uses road salt as part of the snow and ice removal process. The City collaborates with Brookings County on the annual road salt order to take advantage of economies of scale and cost savings. Between 2016 to 2020, the price per ton of road salt has ranged from $61.45 to $89.25. Mining and transportation costs are the largest factors in determining the annual price per ton of road salt. Bidding on an annual basis promotes receiving the most competitive pricing. Fiscal Impact: City budget is $60,000. Recommendation: Staff recommends approval Memo Resolution Snow Operations Plan City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: October 13, 2020 Subject: Awarding Bids on Road Salt Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The City uses road salt as part of the snow and ice removal process. This resolution will award the 2020-21 road salt bid based on best pricing available. The low bid of $74/ton is a 17% decrease from the 2019-2020 road salt price. Background: The City uses road salt as part of the snow and ice removal process. The City collaborates with Brookings County on the annual road salt order to take advantage of economies of scale and cost savings. Between 2016 to 2020, the price per ton of road salt has ranged from $61.45 to $89.25. Mining and transportation costs are the largest factors in determining the annual price per ton of road salt. Bidding on an annual basis promotes receiving the most competitive pricing. Item Details: The City opened bids for road salt on Thursday, October 2, 2020 at 1:30 pm at the City & County Government Center. Six responses were received: 1. Johnson Feed – $74.00/ton 2. BlackStrap – $74.30/ton 3. Mills and Miller – $78.00/ton 4. Central Salt – $86.01/ton 5. Compass Minerals – No Bid 6. Morton Salt – No Bid $74 is a 17% decrease from the 2019-2020 road salt price of $89.25 per ton. However, this price is up approximately 12% from 2018-2019 pricing. Legal Consideration: None. Strategic Plan Consideration: Snow and ice removal furthers Brookings’ mission of providing a high quality of life for its citizens through proactive, fiscally responsible municipal government. Effective snow and ice removal also supports the tenant of economic development through safe and efficient business travel. Financial Consideration: City budget is $60,000. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move the item to a work session 4. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Snow Operations Plan Resolution 20-080 Resolution Awarding Snow and Ice Removal Road Salt Whereas, the City of Brookings opened bids for Snow and Ice Removal Road Salt on Thursday, October 2, 2020 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids: Johnson Feed, Canton, SD, $74.00/ton Blackstrap, Inc., Neligh, NE, $74.30/ton Mills and Miller, Brandon, SD, $78.00/ton Central Salt, Lyons, KS, $86.01/ton Now Therefore, Be It Resolved the bid for Snow and Ice Removal Road Salt be awarded to Johnson Feed, Canton, SD in the amount of $74.00/ton. Passed and approved this 13th day of October, 2020. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN Version: November 2019 A. INTRODUCTION B. GENERAL POLICY STATEMENTS C. STORM CLASSIFICATIONS D. IMPLEMENTATION PROCEDURES 1. WEATHER/STORM DECISIONS 2. PERSONNEL NOTIFICATION/RECALL 3. DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES 1. CITY OF BROOKINGS 2. CONTRACTORS F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES 1. EMERGENCY SNOW ROUTE TICKET/TOWING PROCEDURES 2. DE-ICER AND ABRASIVE APPLICATION 3. MEDIA INTERFACE 4. ACCIDENTS G. STAFF AND EQUIPMENT ASSIGNMENTS H. PRE-WINTER SEASON PREPARATION 1. SAFETY TRAINING 2. OPERATOR TRAINING/CERTIFICATION 3. EQUIPMENT PRE-INSPECTION AND CALIBRATION I. POST OPERATIONS PROCEDURES A. INTRODUCTION: 1. The purpose of the Snow and Ice Removal Operation Plan is to provide all personnel who are involved in snow and ice removal, and the public a single source of information which clearly defines the City of Brookings’s policies and procedures in all snow and ice operations. 2. Snow and Ice operations will be accomplished as expeditiously as possible in conjunction with the priorities outlined in this plan due to public safety and economic impact 3. The Snow and Ice season in Eastern South Dakota can begin as early as October and terminate as late as late-April. The rate of accumulation of snowfall or icing is affected by atmosphere temperature, pavement temperature, moisture content, wind direction and velocity, and intervals between storms. Each storm is unique, and conditions may vary across the city. Therefore, while this plan tries to cover the major operations during a Snow and Ice storm, it must be recognized that there must be sufficient flexibility within the plan to provide differences and or contingencies in order to respond effectively to actual conditions. B. GENERAL POLICY STATEMENTS: 1. The policy of the City of Brookings is to clear Emergency Snow Routes and Public Safety Facilities of snow and ice as expeditiously as practicable within the City’s area of responsibility during and following every storm through the use of equipment and applicable materials 2. Snow and Ice control operations on all roads will be prioritized based on immediate need for the public safety. Emergency snow routes will be given the first priority for plowing and de-icing during and after a storm. The intent is for all Emergency Snow Routes to be kept open when possible. Emergency routes are shown in RED on the Snow Removal Map. a. No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing. 3. Snow removal and de-icing operations at the end of the storm, or during times deemed necessary will be shifted to non-emergency main artilleries and collector roads within city limits. These are shown in GREEN and BLUE on the Snow Removal Map 4. At the end of the precipitation event, snow removal and de-icing operations will be shifted to all remaining residential streets, cul-de- sacs and alley ways within city limits. 5. The downtown core area will be cleared during or after emergency route removal operations are complete or as manpower and equipment resources become available. This is typically done between the early morning hours of 1:00am – 7:00am. It is important for sidewalk snow and ice removal operations be completed prior to street snow and ice removal operations. (see Sec. 74-2) This ensures that the work has to be done only one time per storm. 6. All other sidewalks are to be maintained by the adjacent property owners per City Code. a. Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. b. Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow removal in central business district. It is unlawful for any person to shovel or deposit snow, leaves, material or other substances of any king and description from private property onto any public street, alley or public right of way. Such conduct or action is declared to be a nuisance. This section however, does not prohibit the placement of snow from a sidewalk in the central business district in the curb area of the street where no boulevard or other property exists to place snow from the sidewalk. 7. Snow removal and de-icing operations will not be undertaken in alleys unless there are snow accumulations in excess of 4” or ice accumulations in excess of ½” as verified by Street Department staff. 8. A Winter Storm Alert can only be declared by the Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager. Notice of a Winter Storm Alert will be given by posting on the City Cable Television Channel, and by issuance of a notification to the public via print, website, social media and other digital materials. In the event of a declaration of a Storm Alert, the Police will ticket or tow vehicles located on all Emergency Snow Routes as necessary to expedite the Snow and Ice removal operations. 9. City personnel will not clear plowed-in driveways. Clearing driveways is the citizens’ responsibility. The plowing operation produces a continuous windrow of snow, and by its nature is expected to block some citizens’ cleared driveways when there is significant snow accumulated in the street. 10. The Street Superintendent may provide the media with Snow/Ice removal updates during and after storm operations to keep the public informed of the conditions of the roads. The City Snow Hotline, telephone number 696-7669, and may be called for updates on City Snow removal operations. C. STORM CLASSIFICATIONS: 1. Each Snow or Ice storm will be unique and vary in intensity, duration and total precipitation. This section will apply a basic classification system to assist in establishment of priorities of equipment, material manpower, and a management system for implementation in all Snow and Ice removal operations. The storm classification system will utilize an estimated total expected snowfall for snow and total ice glazing for ice storms. This information will come from multiple weather sources including; NOAA, Keloland and the National Weather Service. 2. Classes of Storms: Class 1: 0” – 2” a. Class 1 storm is defined as a storm with accumulations of two inches or less, which in most cases will only require light plowing and treating of pavement with applicable materials. All controls and reporting of when the decision is made to proceed with snow and ice removal operations will be managed by the Street Superintendent. During a Class 1 storm City crews will handle snow removal or deicing operations. Contractors will not be activated. Class 2 Storm: 2”- 6” Emergency Route Snow Advisory b. Class 2 is defined as a storm of moderate to heavy snowfall with estimated range of two - six inches. A Class 2 storm will cause an issuance of an emergency route snow advisory. During a Class 2 storm event there is no parking on Emergency snow routes. Those routes will be given the first priority for plowing and de- icing. The intent is for all Emergency Snow Routes to be kept open when possible. A Snow Alert is possible if the actual conditions warrant. All controls and reporting of when and what equipment will be implemented for snow and ice removal operations will be managed by the Street Superintendent. During a Class 2 Storm, the Street Superintendent may use City crews within all departments or decide to activate contractors to plow their designated areas. Class 3 Storm: 6”+ , Snow Alert c. Class 3 storm is defined as a storm of extremely heavy snow of six inches or more occurring in a period of 24 hours or less. This type of storm will cause life threatening conditions to occur. When weather forecasts indicate that a Class 3 storm is imminent all appropriate city equipment will be mobilized immediately. The Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager, will declare a Snow Alert. At that time a Parking ban on all City streets will be implemented and enforced. The declaring official shall make the appropriate media notifications of the Snow Alert. Parking ban on all City streets will be enforced. A class 3 storm will activate all contactors to plow their designated areas. d. Ice Storms. All Ice Storms will be rated as a Class 1 type storm. Ice Storms will cause an immediate threat to the public safety. If an Ice Storm is forecast as imminent or otherwise develops, the City will follow Class 1 procedures. D. IMPLEMENTATION PROCEDURES: 1. Weather/Storm Decisions: a. During normal duty and non-duty hours the key personnel (Street Superintendent or their designees) involved in Snow and Ice control will monitor forecast storms utilizing the National Weather Service, and local news outlets for updated weather information. If a Class 1 storm is predicted, the Street Superintendent will monitor conditions to verify equipment needs. During a Class 2 storm event, an Emergency Route Snow Advisory will be issued, but a Snow Alert may or may not be activated. City crews will monitor conditions to determine the need for a Snow Alert. For Class 3 storms a Snow Alert will be issued by the Street Superintendent. b. In the event of a surprise storm outside normal work hours, the police dispatcher will, based on police observations, call the Street Superintendent, alerting them of the storm conditions. The Street Superintendent will make the decision to dispatch the appropriate personnel and equipment for the conditions. 2. Personnel Notification/Recall: a. It is imperative that the Street Department and other city departments maintain a current and validated recall roster during the snow and ice season. Quick response is the key to successful implementation of this plan. The Street Superintendent will prepare an active recall roster. 3. Declaration of a Winter Emergency Route Snow Advisory / Snow Alert: a. Only the Street Superintendent or Acting Street Superintendent can declare a Snow Advisory or Alert. In their absence, this decision is delegated to the Chief of Police and/or the City Manager. b. Emergency Route Snow Advisory will be issued for a snow event that requires Emergency Routes be cleared. This is done to ensure that emergency services can access all quadrants of town. During a Emergency Route Snow Advisory, Emergency Snow Routes will cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing 1) When an Emergency Route Snow Advisory has been declared, the declaring official will contact the media by posting or announcing that a Snow Advisory has been declared and all vehicles not removed from Emergency Routes will be subject to ticketing and towing. c. Snow Alerts will be issued for snow events that will require all available equipment and manpower to clear all City streets, alleys and cul-de-sacs. Emergency Routes will maintain a priority during Snow Alerts and may be cleared multiple times during the same event. The issuance of a Snow Alert will automatically implement a Parking Ban. This is done to ensure crews and their equipment can operate in a safe and efficient manner. 1) When a Snow Alert has been declared, the declaring official will contact the media by announcing that a Snow Alert has been declared and all vehicles not removed from all city streets will be subject to ticketing and towing. d. The declaring official will notify the City of Brookings key personnel. This includes the City Manager, Police Chief, Police Dispatch and the Fire Department. e. Ticketing and towing operations will be conducted by the City of Brookings Police Department. Section F.1 of this plan covers specifics for these procedures. E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES: 1. City of Brookings a. The priorities for Snow and Ice removal will be as follows: (note Priorities may be adjusted due to specif ic storm conditions): 1) Emergency snow routes designated in RED on the Emergency Snow Route Map 2) Major arterial and collector routes designated GREEN and BLUE on the Snow Removal Map 3) Other through streets. 4) Cul-de-sacs and other streets with no outlet. 5) Alleys when snow accumulation greater than 4”, or ice accumulation greater than ½” as confirmed by Street Superintendent. A) Annex 1 is the emergency snow route map. B) Annex 2 is the City/Contractor snow maps 2. Contractors a. The City uses contractors to help assist in the snow removal process. Contractors are given a designated are of town, and they focus in that area only. This is done for consistency and effectiveness towards time. The Street Superintendent will provide them with maps of their area, and will also follow on contractor work quality and progress during snow removal operations. F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES: 1. Emergency Snow Routes - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth of 2” or more, snow removal operations will be required on Emergency Snow Routes, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Advisory, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street designated as an Emergency Snow Route. 2) To operate a motor vehicle on any Emergency Snow Route in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. 4) The following Streets are Established Emergency Snow Routes: (as shown in Appendix 1)  1st Avenue … from 6th Street to Front Street  Front Street … from 1st Avenue to 3rd Avenue  3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue to 5th Avenue  Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side parking from 8th Street to 9th Street 2. Snow Alert Parking Ban - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to 4+” and that snow removal operations will be required for the entire town, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Alert Parking Ban, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street, cul-de-sac or alley. 2) To operate a motor vehicle on any street within the city limits in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. b. A minimum of a 4-hour notice must be provided to the public by the initiating official. This allows for citizens to move vehicles, trailers and equipment out of the roadways. c. Parking Ban Information  City of Brookings webpage  Notify Me text and email notification alert system  Social Media  “Snow Line”: (605) 696-7669  Television: KDLT, KELO, KSFY, or Cable Channel 9  FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1  AM Radio: 910 or 1430  Other means deemed necessary due to changes of the above outlets.  NOTE: When parked vehicles or other obstructions left in the street make the plowing or abrasive application unsafe, risky, or unproductive to the detriment of operations on other streets, the area in question will be skipped until such time as removal activities may be done safely and efficiently. 3. Media Interface: a. It is imperative that the general public be informed on a regular basis during Class 2 and 3 storms of the city’s efforts both successful and not so successful in all aspects of Snow and Ice removal operations. b. All media releases will be by the Street Superintendent, Acting Street Superintendent, Public Information Officer or other designated official. 4. Accidents: a. All accidents involving city vehicles occurring during Snow and Ice removal operations will be reported immediately by cell phone from snow equipment to the Street Superintendent. 1) Accidents are to be reported as follows. a) Vehicular Damage - An accident report will be filled out at the scene of the accident in addition to the radio report. Standard accident procedures and forms will be utilized. Additionally, a law enforcement officer will investigate the accident at the scene prior to resumption of Snow and Ice removal operations by the city vehicle involved. b) Private Property Damage - (Mail Boxes, sprinkler systems, and other private improvements) - Your mailbox and the access to it for the U.S. Postal Service is the responsibility of the resident. Again, because the crews have no place to put the snow, curbside mailboxes may become blocked and in those cases it is the responsibility of the resident to move that snow beyond the street so that the postal service may access the mailbox. Heavy snow pushed or thrown by the plow may damage mailboxes. This is not intentional, but does occasionally happen. The City is not responsible for damage to mailboxes or other private improvements placed within the road rights-of-way of its roads that occurs as a result of snow and ice removal operations. c) Claim filing procedure- Any claims for insurance purposes will be completed at the Street Department office at 125 7th Ave. or, the City Human Resource Department at 520 3rd St Suite 230. After completion the claimant paperwork will then be processed for approval. G. STAFF AND EQUIPMENT ASSIGNMENTS: 1. At the beginning of a Class 2 or 3 Storm the Street Department will immediately commence operation. 2. The Street Department will be the primary staff and equipment resource for all snow and ice removal operations. However, during sustained snow and ice removal operations other departments may be asked by the Street Superintendent to provide both staff and equipment resources to support the in snow and ice removal operations. 3. Due to personnel and extent of winter weather events, it may not be feasible to work shifts during extended storm events. For safe operations, every effort will be made to have as many streets in serviceable condition as possible in accordance with the storm route priorities in as short a time as feasible. If operations are not complete prior to personnel working for 15 continuous hours beginning when they reported to work, whether for their regular shift or specifically for emergency call out, operations will cease and personnel will be sent home to rest and sleep. Employees will report back to work no sooner than six (6) hours from the time operations ceased. H. PRE-W INTER SEASON PREPARATION: 1. Safety Training: Commencing in October and continuing through the fall and winter seasons, the Street Superintendent will schedule recurring training that will focus on snow and ice control issues. a. City operations personnel will hold meetings to discuss known strengths and weaknesses in preparation for the snow and ice season. These meetings will be conducted by the Street Superintendent. b. Practice runs of the routes will be driven by all operators prior to mid-November to ensure all are familiar with the Emergency Snow Routes and their designated areas. 2. Operator Training/Certification: New operators will be assigned to an experienced operator to receive training on all phases of snow and ice control. New operators will receive this training in pre-season and during the actual snow and ice control season. The trainer of the new operator will at the time of the new operator proficiency, certify t o the Street Superintendent of city operations that the new operator is cleared for individual (solo) operation. Operators will not be assigned to equipment that they are not qualified to operate under any circumstance. 3. Equipment Pre-Inspection and Calibration: Commencing in October, the Street Division will prepare and ensure all snow and ice removal equipment is prepared and operational for mounting to its assigned piece of equipment. a. All salt/sand spreaders will be calibrated and certified by the Street Superintendent, or his designee, to ensure maximum efficiency. b. Salt and sand spreaders will be mounted on the assigned truck after the end of the annual construction season or at such time as directed by the Street Superintendent. I. POST OPERATIONS PROCEDURES: 1. During storms, and after each shift, the operator will perform the required maintenance and services on his assigned equipment. These services include the following: FILL FUEL TANKS CHECK LIGHTS CHECK ALL FLUIDS INSPECT FOR FLUID LEAKS FILL WINDSHIELD WASHER FLUID CHECK TIRE PRESSURE CHECK TENSION ON CHAINS (TIRE AND SPREADER) FILL SALT/SAND HOPPER WITH MATERIAL CHECK CUTTING EDGES ON EQUIPMENT 2. After storms, all equipment will receive a thorough inspection by the operators. Vehicles will be washed. All known deficiencies will be reported to the Street Superintendent for immediate correction. Repairs of snow and ice removal equipment will be first priority during winter storm season. APPENDIX 1 – Emergency snow removal route map APPENDIX 2 – City/Contractor snow removal maps NORTH EAST NORTH WEST SOUTH EAST SOUTH WEST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-042,Version:1 Action on the City General Employee Contract. Summary: Attached is the proposed employee collective bargaining agreement. The City employees are covered under such agreement. Teamsters Local Union No. 120 represents City employees under this contract. The current contract expires at the end of 2021 and only allows wages as an opener. The City Manager and the Human Resources Director worked with union stewards and the Teamsters Business Agent for the City group. The union has accepted the proposed contract and City Council approval to ratify this contract will complete the process. The proposed contract in the packet is in amendment format so you can see the changes to the contract which is about to expire. Recommendation: Staff recommends approval Attachments: Memo Agreement - clean Agreement - marked City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: October 13, 2020 Subject: 2020-2021 Teamster Local Union No. 120 City General Union Agreement Person(s) Responsible: Paul Briseno, City Manager Summary: Annually, the City and Union leadership meet and confer to develop an agreed contract which guides its members and City relationships. Teamsters Local Union No. 120 represents City General employees under this contract. The existing agreement covers two (2) years and will expire December 31, 2021. The only automatic opener for 2021 is salaries. Due to COVID 19 and future uncertainties, both parties have agreed to no merit or wage adjustment. However, the proposed agreement does allow for a one-time increase and pay plan adjustments based on the outcome of 2020 sales tax. Background: City management meets annually with Union leadership to meet and confer and develop an agreement for the future. The City General employees are covered under a union agreement which expires December 31, 2021. Teamsters Local Union No. 120 represents City General employees under this contract. Historically, the City has opted for three year agreements. Due to the fluctuation of sales tax, it’s essential the City allows salaries as an annual opener to ensure expenses of increased pay does not out pace revenues. Discussion: A proposed contract was negotiated for January 1, 2020 to December 31, 2021. This two-year agreement only allows wage as the sole opening item. The City Manager and the Human Resources Director worked with Union Stewards and the Teamsters Business Agent for the City General group through multiple meet and confer sessions to finalize the proposed agreement. The proposed agreement is contained with the approved 2021 budget. Sales tax is the city’s primary revenue source for salary increases. Due to COVID 19s volatile impact to the economy, an agreement of no range movement or wage adjustment will be had for 2021. A tentative agreement allows for the implementation of a new wage plan and one- time pay increase for eligible employees based on the year-ending performance of the local sales tax. Below is the specific language change: 2020 sales tax is projected to end at negative eight percent (-8%). Commencing January 1, 2021, wages will be adjusted based on 2020 Sales Tax Performance as follows:  If 2020 sales sax ends as projected, there shall be no pay increase including COLA or Merit.  If 2020 sales tax ends two percent (2%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends three percent (3%) better than projected, the new salary ranges will be implemented and there will be a two percent (2%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends at or above four percent (4%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) salary increase for those who do not receive an increase when the new salary ranges are implemented*. The City of Brookings will implement employees into their new salary range by mirroring the employee’s relationship to their current midpoint, capped at their future midpoint. Employees whose current salary is at or above their future midpoint will not receive an increase during implementation of the new salary ranges, but will be eligible for a payout or salary increase based on 2020 Sales Tax Performance. *Employee wages shall be adjusted to receive the minimum of the payout or salary increase. This may include a combination of an increase during implementation of the new salary ranges and payout or salary increase based on 2020 Sales Tax Performance to reach the full minimum. The City General member group has accepted the proposed contract and City Council approval is needed to ratify the contract. This action will complete this process. Legal Consideration: There are no legal considerations at this time. Financial Consideration: The primary impact to the 2021 budget is at no increase. It’s expected the potential increases outlined in the offer will be offset by the sales tax increases required to realize any one time or wage plan increases. Options and Recommendation: City Council has the following options: 1. Approve as recommended 2. Deny 3. Refer to a Work Session for further discussion 4. Do nothing City Staff recommends approval of the agreement. Supporting Documentation: Agreement - clean Agreement - marked City of Brookings Labor Contract 2021-2022 INDEX Article Title Page Article 51 ....................Absenteeism ................................................................................. 23 Article 37 ....................Alcohol and Drug Abuse ............................................................... 15 ....................................Appendix A .................................................................................... 34 Article 19 ....................Authority to Employ Personnel ...................................................... 7 Article 8 ......................Bonds .............................................................................................. 4 Article 56 ....................Break Time .................................................................................... 25 Article 11 ....................Bulletin Boards ................................................................................ 4 Article 12 ....................Business Agents .............................................................................. 4 Article 61 ....................Call-In ............................................................................................ 27 Article 7 ......................Check Off ......................................................................................... 3 Article 17 ....................Citizen’s Complaint ......................................................................... 7 Article 6 ......................Committee for Union - Management Co-Operation ...................... 2 Article 63 ....................Compensation Time ...................................................................... 28 Article 66 ....................Definitions ..................................................................................... 29 Article 16 ....................Discharge or Suspension ................................................................. 6 Article 67 ....................Duration ........................................................................................ 31 Article 55 ....................Educational Material ..................................................................... 25 Article 38 ....................Employee Assistance Program ...................................................... 15 Article 23 ....................Employee Classification .................................................................. 9 Article 5 ......................Equal Employment Opportunity ..................................................... 2 Article 32 ....................Gifts and Gratuities ....................................................................... 13 Article 14 ....................Grievance Procedure ...................................................................... 5 Article 62 ....................Hazardous Pay ............................................................................... 28 Article 41 ....................Holidays ......................................................................................... 16 Article 49 ....................Injury Leave ................................................................................... 23 Article 35 ....................Insurance ....................................................................................... 14 Article 26 ....................Interim Pay Grade Changes .......................................................... 11 Article 50 ....................Leave Without Pay ........................................................................ 23 Article 9 ......................Liability Coverage ............................................................................ 4 Article 54 ....................Licenses and Certificates ............................................................... 24 Article 64 ....................Longevity ....................................................................................... 28 Article 3 ......................Maintenance of Standards ............................................................. 1 Article 4 ......................Management Rights ........................................................................ 2 Article 46 ....................Medical Leave of Absence ............................................................ 22 Article 45 ....................Military Leave ............................................................................... 22 Article 57 ....................Miscellaneous ............................................................................... 25 Article 28 ....................Organization/Association Membership ........................................ 12 Article 27 ....................Out-Of-Class Pay ........................................................................... 12 Article 29 ....................Outside Employment/Activity ...................................................... 12 Article 33 ....................Pay Period ..................................................................................... 13 Article 20 ....................Personnel Records and Reports ...................................................... 7 Article 30 ....................Political Activity ............................................................................. 12 Article 47 ....................Professional Development and Educational Leave ...................... 22 Article 25 ....................Promotions or Transfers ............................................................... 10 Article 31 ....................Public Relations ............................................................................. 13 Article Title Page Article 1 ......................Recognition ..................................................................................... 1 Article 15 ....................Reprimand ....................................................................................... 6 Article 36 ....................Retirement .................................................................................... 14 Article 39 ....................Safety Policy .................................................................................. 16 Article 22 ....................Seniority .......................................................................................... 8 Article 2 ......................Separability and Saving Clause ....................................................... 1 Article 24 ....................Separations ................................................................................... 10 Article 60 ....................Shift Differential ............................................................................ 27 Article 43 ....................Sick Leave ...................................................................................... 19 Article 44 ....................Special Leave ................................................................................. 21 Article 59 ....................Standby Time ................................................................................ 27 Article 10 ....................Stewards ......................................................................................... 4 Article 40 ...................Storm Policy .................................................................................. 16 Article 34 ....................Tax Deferred Annuities ................................................................. 13 Article 52 ....................Travel............................................................................................. 24 Article 58 ....................Uniforms and Equipment .............................................................. 26 Article 13 ....................Union Business and Representatives .............................................. 5 Article 42 ....................Vacation Leave .............................................................................. 18 Article 53 ....................Volunteer Fire Department Training ............................................ 24 Article 65 ....................Wages ............................................................................................ 29 Article 18 ....................Work Rules ...................................................................................... 7 Article 21 ....................Work Week ..................................................................................... 8 1 CITY OF BROOKINGS LABOR CONTRACT 2019 THIS AGREEMENT made and entered into this 1st day of January, 2021, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, 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 Fire, 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 ina dvertent 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. 2 4. 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: 4A. 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; 4B. 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; 4C. 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; 4D. To provide reasonable standards and rules for employees; and 4E. 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. 5. 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, religion, age, creed, color, sexual orientation, national origin, disability, 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 th e City Council in the Affirmative Action Plan. 6. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 6A. 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 3 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. 6B. 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. 6C. 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. 6D. 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. 7. 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. 4 8. BONDS Should the employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 9. 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. The minimum coverage under this policy shall be $300,000.00. 10. STEWARDS The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 10A. Investigation and presentation of grievances to Employer or the Employer representatives in accordance with the provisions of this Agreement. 10B. 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. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 11. BULLETIN BOARDS The employer agrees to provide space on its bulletin boards for Union business notices. Union space will be allocated. 12. 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. 5 13. UNION BUSINESS AND REPRESENTATIVES 13A. 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 n otice of such absence will be given by the Union to the Employer. 13B. 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. 14. GRIEVANCE PROCEDURE 14A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 14B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 14C. 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. 14D. 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. 6 14E. Time limits may be extended by mutual agreement. 14F. The Union has the authority to abandon a grievance. 14G. Abandonment of a grievance shall not set a precedence. 15. 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 pres ent. 16. DISCHARGE OR SUSPENSION 16A. 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. 16B. 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 7 of the warning letter is repeated during the effective time of the warning notice. Warning notices shall be in effect for up to 12 months. 16C. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 17. 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. 18. 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 to ensure that they continue to meet existing conditions. 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, the City Manager retains the right to adopt changes in the said orders, work rules and manual. 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. 19. AUTHORITY TO EMPLOY PERSONNEL 19A. 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. 19B. Supervision - Individuals will not be assigned to a department which will require them to be supervised or evaluated by immediate family members. 20. PERSONNEL RECORDS AND REPORTS 20A. 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. 8 21. WORK WEEK 21A. 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. 21B. Employees shall be paid for all time spent in the employ of the Employer. 21C. 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 o f overtime. Overtime will not be allowed without approval of the Department Manager or other supervisor as designated. 21D. Overtime shall not be pyramided. 21E. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. 21F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time employees below the normal scheduled work week. 22. SENIORITY 22A. Seniority rights for employees shall prevail. 22B. Seniority shall be defined as the total length of co ntinuous 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, definition s consistent with the seniority article shall prevail. 22C. On January 1 of each year, the Employer shall post a current seniority list and 9 shall submit a copy to the Union. 22D. Seniority and employment relationship shall terminate when an employee: 1. Quits; 2. Is discharged for just cause; 3. Is retired. 22E. 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. 22F. 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. 22G. 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. 22H. Employees who are injured and are covered by Workers’ Compensation shall continue to accumulate seniority during their absence. 22I. 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. 23. EMPLOYEE CLASSIFICATION 23A. 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. 23B. 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 10 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. 23B.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. 23C. 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. 24. SEPARATIONS 24A. 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. 24A.1 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. 25. PROMOTIONS OR TRANSFERS 11 25A. 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. 25B. A performance appraisal will be conducted prior to the end of 10 days in the new position. During the ten (10) 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. Benefits/seniority accumulated by the person transferring shall be retained by that individual. 25C. 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. 25D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 25E. Whenever possible, new and vacant positions will be filled from within the City by promoting qualified employees in accordance with the following: 25E.1 Promotions/transfers shall be made on the basis of seniority, skills, ability, qualifications, and job performance. If skills, ability, qualifications, and job performance, are relatively equal, then seniority shall be the determining factor. 25E.2 In accordance with this article, promotions must be approved by the City Manager. 25F. 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. 26. INTERIM PAYRATECHANGES During the term of the contract, any proposed changes within the bargaining unit that substantially affect an employee’s 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 rate change, and if so, establish the appropriate rate for the position. 12 27. 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 rate that would allow for a rate increase above his/her current rate of pay. 28. ORGANIZATION/ASSOCIATION MEMBERSHIP The City of Brookings encourages employees to belong to organizations or associations that will assist them in performing their work. 29. OUTSIDE EMPLOYMENT/ACTIVITY 29A. 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. 29B. 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. 30. POLITICAL ACTIVITY 30A. Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted to points 30B.1, 30B.2, 30B.3 and 30B.4 as provided below. In all 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. 30B. Any officer or employee of the City of Brookings, whether elected or appointed, may seek any political office while employed by the City, provided: 30B.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; 30B.2 that said officer or employee never campaign in any manner whatsoever during hours of employment; 30B.3 that it is mandatory that said officer or employee take a leave of ab sence for no less than fourteen (14) days nor more than thirty (30) days prior to 13 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 30B.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. 30C. 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. 31. 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. 32. 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. 33. PAY PERIOD 33A. All employees covered in this Agreement shall be paid in the same manner as all other city employees are paid, on a monthly pay period. 33B. The City is required to deduct the following items from an employee’s pay: 33B.1 Retirement contributions 33B.2 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 34. TAX DEFERRED ANNUITIES 14 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. 35. INSURANCE 35A. 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. 35B. 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 have been approved for the SDRS disability benefit 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. 35C. 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. 35D. Employees on leave of absence without pay may make arrangements for continued coverage. 35E. 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. 36. RETIREMENT 15 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. 37. ALCOHOL AND DRUG ABUSE 37A. 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. 37B. Department Heads and supervisors shall not physically search employees. 37C. Department Heads and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription. 38. EMPLOYEE ASSISTANCE PROGRAM 38A. 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 38B. 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 rel eased 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. 38C. There is no charge for the initial assessment. The City will incur such expenses 16 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. 39. SAFETY POLICY 39A. 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. 40. STORM POLICY 40A. 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. 40B. 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. 40C. 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. 40D. 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. 40E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 41. HOLIDAYS 41A. 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 17 DayLabor 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 employee’s regular rate of pay and cannot be used in less than 8 hour increments. 41B. 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). 41C. 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. 41D. 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. 41E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. 41F. 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. 41G. 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. 41H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, the employee must work their last full scheduled shift preceding the holiday and their first full scheduled shift after the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent. 41I. Employees who are scheduled to work on their normal day off due to a holiday, 18 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. 41J. Holiday pay shall not be used in the computation of overtime. 42. VACATION LEAVE 42A. 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. 42B. 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. 42C. 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. 42D. The accrual date for vacation is the employee’s hire date. 42E. 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. 42F. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 19 42G. 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. 42H. 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. 42I. 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. 42J. 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. 42K. 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. 42L. 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. 43. SICK LEAVE 43A. 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. 43B. 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 with a start date prior to January 1, 2013 may accumulate up to 260 days (2,080 hours) of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. 43C. 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%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 43D. Requests for sick leave must be approved by the Department Head prior to the 20 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. 43E. 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. 43F. Accrued sick leave may be used during the employee’s probationary period. 43G. 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. 43H. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 43I. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 43J. The accrual date for sick leave is the last working day of the month. 43K. Sick leave shall be granted to employees: 43K.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; 43K.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; 43K.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 - 21 relatives in the same categories. After three consecutive sick days, the employee’s department head and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 43K.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. 43K.5 for up to five (5) working days of paid sick leave for the adoption of a child and 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 and Medical Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accru al, however, must be used to cover additional FMLA leave period. 44. 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: 44A. Funeral 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. 44B. Voting Any employee eligible to vote at any election held within the State of South 22 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. 44C. 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. 44D. 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. 45. MILITARY LEAVE 45A. 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 f or 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. 45B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 46. MEDICAL LEAVE OF ABSENCE 46A. 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. 46B. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 47. 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 23 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 with 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. 49. 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 disabili ty under provisions of the Worker’s 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 Worker’s Compensation Act in addition t o 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. 50. LEAVE WITHOUT PAY 50A. 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. 51. ABSENTEEISM 51A. Employment is a matter of mutual agreement. In return for offering a reasonably reliable income, the City is entitled to reasonably reliable 24 performance. The City has the right to expect that employees will be presen t, ready to work, when and where they are assigned. 51B. 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. 51C. 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. 51D. Departure from assigned work schedules must be requested and approved in advance by the employee’s immediate supervisor. 52. TRAVEL The City of Brookings encourages management and non-management staff to attend and participate in professional meetings, training seminars, and educational courses. 52A. 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. 52B. 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. 53. 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. 54. LICENSES AND CERTIFICATES 54A. 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) 25 attempts at securing a license or certificate. 54B. 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 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. 55. 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. 56. BREAK TIME 56A. 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. 56B. 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. 57. MISCELLANEOUS 57A. Employees may maintain residence outside the city limits. 57B. Employees may request time off without pay. 57C. 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. 57C.1. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited 26 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. 57D. 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. 57E. Prescription Safety Eyeglasses Effective January 1, 2013, for those employees who wear prescription eyewear who perform jobs, duties, or tasks requiring eye protection, a program has been established in which those employees may request through their supervisor prescription safety glasses. The prescription safety glasses system shall meet the ANSI Z87 standards which include permanently mounted side shields. Employees may make their choice of frames from frames which meet this ANSI standard. The maximum allowable charges that the City will be responsible for in the purchase of this prescription safety eyewear are as follows: Single vision lens & frames: Maximum $135.00 Bifocal lens & frames: Maximum $155.00 Trifocal lens & frames: Maximum $165.00 Progressive or other special need lens & frames: Maximum $245.00 The City will assume only the cost of the glasses. Any testing or eye examinations associated with the glasses will be at the expense of the employee. Employees are eligible for a replacement set of prescription safety glasses once every 12 months, but only in circumstances in which a change is needed due to a prescription change. 58. UNIFORMS AND EQUIPMENT 58A. 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. 58B. For positions which have been predetermined by the Department Head to require safety boots/shoes, effective January 1, 2020, an allowance of $150.00 per calendar year will be provided to the employee for the purchase of safety boots/shoes. The $150.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the employee purchases the boots needed for his/her job, it will be the responsibility of the employee to furnish a copy of the actual receipt to his/her department director. The receipt will be used to track the actual amount of money used each year by employees 27 for safety boots/shoes. 58C. Uniforms and equipment is a proper topic for committee for union management cooperation. 59. STANDBY TIME 59A. 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, twenty dollars ($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-five dollars ($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. 59B. 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. 59C. 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 thirty-five dollars ($35.00) per day on weekdays (Monday through Friday) effective January 1, 2011 and fifty dollars ($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1, 2011. 60. SHIFT DIFFERENTIAL 60A. Full-time employees working between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty cents ($.80) for time worked between those hours. 60B. Full-time employees working from 6:00 PM Friday until 7:00 A.M. on Monday and all hours worked during a city recognized holiday shall also receive the additional eighty cents ($0.80) per hour shift differential. 61. 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 28 shift. 62. HAZARDOUS PAY When an employee of the Forestry Department is 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, oilers o r one air compressor operator during crack sealing 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. Employees will also receive this hazardous pay during handling and/or clean-up of chemicals effective January 1, 2013; as well as paint striper operator, and loader operator with grapple hooks during spring clean-up, effective January 1, 2016. 63. 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. 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. 64. LONGEVITY 64A. 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. 64B. 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. 64C. The 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 29 65. WAGES (See Appendix A - attached) 65A. 2020 sales tax is projected to end at negative eight percent (-8%). Commencing January 1, 2021, wages will be adjusted based on 2020 Sales Tax Performance as follows:  If 2020 sales sax ends as projected, there shall be no pay increase including COLA or Merit  If 2020 sales tax ends two percent (2%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends three percent (3%) better than projected, the new salary ranges will be implemented and there will be a two percent (2%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends at or above four percent (4%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) salary increase for those who do not receive an increase when the new salary ranges are implemented*. The City of Brookings will implement employees into their new salary range by mirroring the employee’s relationship to their current midpoint, capped at their future midpoint. Employees whose current salary is at or above their future midpoint will not receive an increase during implementation of the new salary ranges, but will be eligible for a payout or salary increase based on 2020 Sales Tax Performance. *Employee wages shall be adjusted to receive the minimum of the payout or salary increase. This may include a combination of an increase during implementation of the new salary ranges and payout or salary increase based on 2020 Sales Tax Performance to reach the full minimum. 65. Only a Wage reopener will occur on an annual basis commencing prior to the City of Brookings budgeting process. 66. DEFINITIONS As used in this document, the following words and terms, unless the context clearly requires otherwise, shall have the meaning as indicated. 66A. 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. 66B. Compensation - All forms of valuable consideration, including salaries or wages 30 earned by or paid to any employee by reason of service in a position with the City. 66C. 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.) 66C. Implementation – Bringing employees from their current salary range into their new salary range that accounts for employee development, proficiency, and fair market value. 66D. 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. 66E. 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. 66F. 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. 66G. Discharge - The permanent involuntary separation of an employee from his/her position for cause. 66H. 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. 66I. 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. 66J. 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.) 66K. 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. 66L. 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 31 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. 66M. 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. 66N. 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. 66O. 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, Recreation and Forestry Director, and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed by the Library board. 32 67. DURATION 67A. This Agreement shall be in full force and effect from January 1, 202 1, up to and including December 31, 2021, 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, 2021. 67B. 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 TEAMSTERS LOCAL UNION NO. 120 City Manager Principle Officer/President Date Business Agent (James Heeren) Date 33 APPENDIX A OFFICIAL SALARY SCHEDULE GENERAL CONTRACT FOR 2021 Explanation of Schedule There is an open salary range for every position classified as a salary grade that defines the minimum and maximum salary for the position. . Non-exempt employees’ hourly rate will be calculated by taking their annual salary divided by the number of worked hours in a year (2080). New employees will normally be hired at the minimum of the salary grade 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 the 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 be reclassified to regular full-time. 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 Forestry Supervisor 25 Park Supervisor 25 Street Supervisor 25 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 22 Building Inspector 24 Engineering and Storm Water Technician 24 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 17 Sanitation/Solid Waste Collector 20 Airport Operations/Maintenance Technician 20 Park Technician 20 34 Forestry Technician 20 Street Maintenance Technician 20 Building Trades Technician 20 Advanced Equipment Operator- Streets, Landfill 21 Building Trades Specialist 23 Shop Supervisor/Mechanic 25 Heavy Equipment Operator- Streets, Landfill 23 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. 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. Title Grade Municipal Liquor Store Clerk 17 Receptionist/Office Clerk 17 Office Manager- Eng/Comm Develop, Landfill, Streets, PRF 22 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/Tech Services 17 Circulation Assistant/ILL 17 Administrative Assistant- Library 19 Community Services Coordinator 19 Circulation Manager 20 Children's Service Coordinator 23 Young Adult Services Coordinator 23 Adult Services Librarian 26 Technology Services Librarian 26 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0420,Version:1 Action on the Police Department Union Contract. Summary: Attached is the proposed employee collective bargaining agreement. The Police Department employees are covered under such agreement. Teamsters Local Union No. 120 represents City employees under this contract. The current contract expires at the end of 2021 and only allows wages as an opener. The City Manager, Police Chief and the Human Resources Director worked with union stewards and the Teamsters Business Agent for the Police Department. The union has accepted the proposed contract and City Council approval to ratify this contract will complete the process. The proposed contract in the packet is in amendment format so you can see the changes to the contract which is about to expire. Recommendation: Staff recommends approval Attachments: Memo Agreement - clean Agreement - marked City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: October 13, 2020 Subject: 2020-2021 Teamster Local Union No. 120 Police Union Agreement Person(s) Responsible: Paul Briseno, City Manager Summary: Annually, the City and Union leadership meet and confer to develop an agreed contract which guides its members and Police union relationships. Teamsters Local Union No. 120 represents Police Department employees under this contract. The existing agreement covers two (2) years and will expire December 31, 2021. The only automatic opener for 2021 is salaries. Due to COVID 19 and future uncertainties, both parties have agreed to no merit or wage adjustment . However, the proposed agreement does allow for a one-time increase and pay plan adjustments based on the outcome of 2020 sales tax. Background: City management meets annually with Union leadership to meet and confer and develop an agreement for the future. The Police Department employees are covered under a union agreement which expires December 31, 2021. Teamsters Local Union No. 120 represents Police Department employees under this contract. Historically, the City has opted for three-year agreements. Due to the fluctuation of sales tax, it’s essential the City allows salaries as an annual opener to ensure expenses of increased pay does not outpace revenues. Discussion: A proposed contract was negotiated for January 1, 2020 to December 31, 2021. This two-year agreement only allows wage as the sole opening item. The City Manager and the Human Resources Director worked with Union Stewards and the Teamsters Business Agent for the City General group through multiple meet and confer sessions to finalize the proposed agreement. The proposed agreement is contained with the approved 2021 budget. Sales tax is the city’s primary revenue source for salary increases. Due to COVID 19s volatile impact to the economy, an agreement of no range movement or wage adjustment will be had for 2021. A tentative agreement allows for the implementation of a new wage plan and onetime pay increase for eligible employees based on the year ending performance of the local sales tax. Below is the specific language change: 2020 sales tax is projected to end at negative eight percent (-8%). Commencing January 1, 2021, wages will be adjusted based on 2020 Sales Tax Performance as follows:  If 2020 sales sax ends as projected, there shall be no pay increase including COLA or Merit.  If 2020 sales tax ends two percent (2%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends three percent (3%) better than projected, the new salary ranges will be implemented and there will be a two percent (2%) one - time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends at or above four percent (4%) better than project ed, the new salary ranges will be implemented and there will be a one percent (1%) salary increase for those who do not receive an increase when the new salary ranges are implemented*. The City of Brookings will implement employees into their new salary r ange by mirroring the employee’s relationship to their current midpoint, capped at their future midpoint. Employees whose current salary is at or above their future midpoint will not receive an increase during implementation of the new salary ranges, but will be eligible for a payout or salary increase based on 2020 Sales Tax Performance. *Employee wages shall be adjusted to receive the minimum of the payout or salary increase. This may include a combination of an increase during implementation of the new salary ranges and payout or salary increase based on 2020 Sales Tax Performance to reach the full minimum. The City Police Department group has accepted the proposed contract and City Council approval is needed to ratify the contract. This action will complete the process. Legal Consideration: There are no legal considerations at this time. Financial Consideration: The primary impact to the 2021 budget is no increase. It’s expected the potential increases outlined in the offer will be offset by the sales tax increases required to realize any one time or wage plan increases. Options and Recommendation: City Council has the following options: 1. Approve as recommended 2. Deny 3. Refer to a Work Session for further discussion 4. Do nothing City Staff recommends approval of the agreement. Supporting Documentation: Agreement - clean Agreement - marked CITY OF BROOKINGS POLICE LABOR CONTRACT 2021-22 INDEX Article Title Page Article 27 ....................Alcohol, Drug Abuse & Addiction ................................................. 15 Article 4 ......................Bonds .............................................................................................. 2 Article 24 ....................Break Time .................................................................................... 11 Article 7 ......................Bulletin Boards ................................................................................ 3 Article 43 ....................Business Agents ............................................................................ 28 Article 21 ....................Call-In & Duty Assignments Outside of Regularly Scheduled Hours ...... 10 Article 41 ....................Check Off ....................................................................................... 27 Article 11 ....................Citizen’s Complaint ......................................................................... 5 Article 15 ....................Committee for Union-Management Cooperation .......................... 6 Article 22 ....................Compensation Time ...................................................................... 11 Article 14 ....................Court Pay ......................................................................................... 6 Article 10 ....................Discharge or Suspensions ............................................................... 4 Article 46 ....................Duration ........................................................................................ 29 Article 30 ....................Professional Development and Educational Leave ...................... 17 Article 36 ....................Firearms ........................................................................................ 24 Article 37 ....................Firearm Qualification .................................................................... 25 Article 9 ......................Grievance Procedure ...................................................................... 3 Article 16B..................Hiring Procedure ............................................................................. 9 Article 31 ....................Holidays ......................................................................................... 19 Article 18 ....................Insurance.......................................................................................... 9 Article 5 ......................Liability Coverage ............................................................................ 2 Article 44 ....................Longevity ....................................................................................... 27 Article 3 ......................Management Rights ........................................................................ 1 Article 8 ......................Military Leave ................................................................................. 3 Article 26 ....................Miscellaneous ............................................................................... 14 Article 19 ....................Pay Periods.................................................................................... 10 Article 17 ....................Pensions .......................................................................................... 9 Article 39 ....................Political Activity............................................................................. 26 Article 29 ....................Professional Development and Educational Leave ....................... 17 Article 25 ....................Promotions ................................................................................... 12 Article 1 ......................Recognition ..................................................................................... 1 Article 47 ....................Reopener ....................................................................................... 29 Article 12 ....................Reprimand....................................................................................... 6 Article 45 ....................Safety Policy .................................................................................. 29 Article 32 ....................Schools & Training ........................................................................ 21 Article 16 ....................Seniority .......................................................................................... 7 Article 2 ......................Separability and Savings Clause ...................................................... 1 Article 23 ....................Shift Differential ............................................................................ 11 Article 28 ....................Sick Leave ...................................................................................... 15 Article Title Page Article 35 ....................Special Leave ................................................................................. 18 Article 6 ......................Stewards ......................................................................................... 2 Article 34 ....................Travel and Expense ....................................................................... 23 Article 35 ....................Uniforms and Equipment .............................................................. 23 Article 42 ....................Union Business and Representatives ............................................ 28 Article 32 ....................Vacations ....................................................................................... 20 Article 38 ....................Vehicles ......................................................................................... 26 Article 40 ....................Wages ............................................................................................ 27 Article 13 ....................Work Rules ...................................................................................... 6 Article 20 ....................Work Week ................................................................................... 10 1 CITY OF BROOKINGS - POLICE LABOR CONTRACT THIS AGREEMENT made and entered into this 1st day of January, 2020, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, 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, Animal Control Officer, excluding the Chief, Assistant Chief, 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 2 appropriate action against employees for just cause; 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 o f 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. BONDS Should the Employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 5. 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. The minimum coverage under this policy shall be $300,000.00. 6. STEWARDS 6A. The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 6A.1 Investigation and presentation of grievances to Employer or the Employer representative in accordance with the provisions of this Agreement; 6A.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 3 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. 7. BULLETIN BOARDS The Employer agrees to provide adequate space on its bulletin boards for Union business notices. Union space will be allocated. 8. MILITARY LEAVE 8A. 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. 8B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 8C. 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. 9. GRIEVANCE PROCEDURE 9A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 9B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. 9C. 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, 4 all available evidence shall be afforded to both sides. 9D. 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. 9E. Time limits may be extended by mutual agreement. 9F. The Union has the authority to abandon a grievance. Abandonment of a grievance shall not set a precedence. 10. DISCHARGE OR SUSPENSION 10A. 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: 10A.1 Dishonesty; 10A.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; 10A.3 Personal possession or use of illegal drugs; 10A.4 Recklessness resulting in a serious accident while on duty; 10A.5 Failure to report an accident or criminal incident while on duty; 10A.6 Conduct which is unbecoming of an officer. 10B. It is understood that there are other offenses of extreme seriousness that an 5 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. 10C. 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. 10D. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 11. 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. 11.1 – 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. 11.2 – 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. 11.3 – 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 6 were found. Dismissed: The complainant withdrew the complaint or failed to cooperate with the investigation. 11.4 – 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. 11.5 – 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. 12. 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. 13. WORK RULES Department General Orders, Work Rules, and the Department Policy and Procedure Manual shall be reviewed by the Chief and City Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. 14. 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. 15. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 15A. 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 7 efforts to gain a better appreciation and understanding of the 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 the extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below: 15B. 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 believ es 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. 15C. 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. 15D. 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. 16. PERSONNEL POLICIES 16A. SENIORITY 16A.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. 16A.2 New employees will be considered probationary employees for twelve (12) months from the date of employment. Should a probationary 8 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. 16A.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. 16A.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: a) All sworn personnel; b) All non-sworn personnel; 16A.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. 16A.6 Seniority and employment relationship shall terminate when an employee: a) Quits; b) Is discharged for just cause; c) Is retired. 16A.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. 16A.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 o ne employee for the same time period, seniority provisions shall prevail. 16A.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. 9 16B. HIRING PROCEDURES The following shall set forth the general procedures for hiring police officers in the City of Brookings: 16B.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. 17. 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. 18. INSURANCE 18A. 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. 18B. 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. 18C. 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. 18D. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the Cit y 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 10 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. 19. 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. 20. WORK WEEK 20A. Employees shall be paid for all time spent in the employ of the Employer. 20B. 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. 20C. Full-time clerical employees shall be scheduled Monday through Friday and Saturdays and Sundays off except for temporary, unusual or emergency situations. 20D. Employees required to work when their shift commences on Easter Sunday shall be compensated with five (5) additional hours of straight time pay. 20E. Pyramiding of overtime will not be allowed. 20F. The City agrees during the term of this contract to continue its policy regarding the replacement of employees at shift change. 20G. Part-time employees shall be scheduled as needed. 21. 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 ranking supervisor, up to Lieutenant, on duty to perform any additional duties necessary in an attempt to work 11 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. If employee chooses not to work for the entire minimum period, the employee shall be compensated only for the hours actually worked. DUTY ASSIGNMENTS OUTSIDE OF REGULARLY SCHEDULED HOURS Employees with special duties outside of their regularly scheduled hours will be compensated a minimum of two (2) hours at their overtime rate of pay or compensation time. Clarification of special duties may include, but is not limited to, reserve coordinators, certification instructors (such as Fire Arms, Tasers, Radar, DUI, etc.) School Resource Officers, Safety Town, Field Training Officers, and Communications Training Officers. 22. 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 Lieutenant 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. 23. SHIFT DIFFERENTIAL 23A. Full-time employees working between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty cents ($.80) per hour for time worked between those hours. 23B. Full-time employees working from 6:00 P.M. Friday until 7:00 A.M. Monday and all hours worked during a city recognized holiday shall receive eighty cents ($.80) per hour additional. 24. BREAK TIME 24A. 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. Employees who are scheduled to work a twelve (12) hour shift shall be granted a thirty minute paid break during the first six (6) hours, and a thirty minute paid break during second six (6) hours of their shift. 12 24B. 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. 24C. 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. 24D. Employees shall be allowed to combine break periods for a total of forty (40) minutes during an eight (8) hour shift, fifty (50) minutes during a ten hour shift, and sixty (60) minutes during a twelve hour shift. 24E. 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. 25. PROMOTIONS 25A. 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. 25B. 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. 25C. 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. 25D. 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. 25E: 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 13 Competencies battery. 25F. The most recent annual evaluation shall count up to ten (10) points. 25G: 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. 25H. Seniority shall count one (1) point per year to the maximum of ten (10) points. 25I: 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 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. 25J. All job descriptions to include any changes will be posted. 25K. Upon written request, officers shall be given their written test score results. 25L. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the 14 transferred or promoted employee to serve a new probationary period not to exceed 90 days. 26. MISCELLANEOUS 26A. Employees may maintain residence outside the city limits. 26B. Employees may request time off without pay. 26C. In the event of an 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 will accrue one half hour (1/2 hour) of compensation time (x1) for a full six (6) hour shift; one hour (1 hour) of compensation time (x1) for a full eight (8) hour shift; one and one-half (1 ½ hours (x1) for a full ten (10) hour shift; and two (2) hours (x1) for a full 12 hour shift to be utilized at a mutually agreed upon time as approved by his/her supervisor and/or Chief of Police. Any employee desiring not to act as supervisor shall be allowed not to do so by advising the Chief of Police in writing. 26D. An accessible locker will be provided for the personal effects of dispatchers. 26E. A secure cabinet will be provided in the ladies’ restroom. 26F. The Police Building and all department vehicles will be non-tobacco including vaping with a designated smoking area being provided outside the southwest door of the department. 26G. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, 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. 26H. SRT team members will be paid an additional $2.00 per hour of Hazard Pay when called out. SRT training hours are not included. 26I. The canine officer assigned to canine duty for the City of Brookings Police Department shall be compensated as follows: The following activities may be FLSA compensable time when performed during the canine handler’s “off-the-clock” hours: feeding, exercising, training, grooming, cleaning up after canine, and /or transporting the dog to and from an animal hospital or veterinarian. The canine handler’s normal workday would consist of 11 1/2, 9 1/2, or 7 ½ hours of normal duties depending on scheduled shift and ½ hour per day of FLSA compensable time to leave his/her shift early, with the consent of the Chief, for care/handling of the canine. The ½ hour of FLSA compensable time to leave early for care and handling of canine will be 15 factored into each work day, but if call load prohibits the canine handler from leaving early, the handler will accumulate ½ hour of FLSA compensable time that day to care for canine dog to be paid at OT or ½ hour accrued as comp time at the discretion of the handler. One-half (1/2) hour of FLSA compensable time for care and handling of canine dog will also be accumulated on regular days off and days utilizing benefit time if canine duties are performed by canine handler. The City and Union make the agreement in light of their consultations with the canine handler, and with specific reference to actual hours worked performing such duties. The City, the Union and the handler agree that the weekly total of compensated hours set forth above is reasonable and reflects the a ctual hours spent in canine care, as described above, with respect to all the pertinent facts related to care provided by the officer for the department’s canine dog, in the City of Brookings. The City agrees to pay for the boarding facility for one week annually while the canine officer is on vacation. The canine officer, however, shall not receive the above canine compensation for his/her paid vacation hours for that week. When the Narcotics Canine is no longer capable of performing acceptable standards due to any of the aforementioned reasons, it shall be retired from service. Because the canine may have been purchased with funds other than those provided by Brookings Police Department, certain guidelines or stipulations will be made to turn the dog over to the handler, if they desire, or other prospective owner, if the prospective owner signs a release form accepting all responsibilities for said dog. The dog’s ownership may be transferred to the dog’s handler by the handler paying a fee of one dollar for the dog. Once the patrol officer is no longer designated as the canine handler for the City of Brookings Police Department, the canine compensation will end. 27. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE ASSISTANCE PROGRAM 27A. The City recognizes alcohol/drug abuse and addiction and other medical behavior problems as treatable illnesses. 27B. Employees’ job security or promotional opportunities will not be jeopardized by their request for assistance in problems relating to alcohol/drug abuse and/o r addiction. 28. SICK LEAVE 28A. 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. 28B. 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 with a start date prior to January 1, 2013 may accumulate up to two thousand 16 eighty (2,080) hours of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 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. 28C. 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. 28D. Leave request may not exceed the amount of leave accumulated. 28E. 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. 28F. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 28G. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 28H. Employees on unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 28I. Sick leave shall be granted to employees: 28I.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; 28I.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; 28I.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 17 employee’s department head and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 28I.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. 28I.5 for up to twenty (20) working days of paid sick leave for the adoption of a child 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. 28J. 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. 28K. After ten (10) years’ service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 28L. All medical related incidents including reasonable travel time and recuperation time shall be chargeable toward sick leave. 29. 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 18 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 req uest 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. 30. SPECIAL LEAVE 30A. 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: 30A.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 twelve (12) hours for employees on twelve (12) hour shifts, 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. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 30A.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. 30A.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. 19 30B. 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. 30B.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. 30B.2 The request will be considered on the basis of the present workload or anticipated workload, and the circumstances of the request. 30B.3 In a case of a declared disaster or emergency situation, regular full-time employees may request up to 15 work days off without pay 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. 31. HOLIDAYS 31A. 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. 31B. “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. 31C. Employees who are scheduled to work, and who work, one of the above city recognized holidays will be compensated for holiday pay (as defined above in 31B) for that specific holiday and overtime pay (time and one-half) for all hours actually worked. 31D. Employees will only receive overtime pay (time and one-half) if the holiday falls on the day as their shift starts. 31E. Employees who are on a regularly scheduled day off or on a paid leave of 20 absence when one of the above city recognized holidays occur, 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. In the event the employee would normally be scheduled for a ten (10) or twelve (12) 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 as applicable. This day shall be mutually scheduled with the Chief. 31F. Employees on vacation when one of the above city recognized holidays occur, will receive holiday pay for that specific holiday and will not be charged for that day as vacation time. 31G. 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. 31H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, to qualify for the above holiday provisions, the employee must work their last full scheduled shift preceding the holiday or their first full scheduled shift fo llowing the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for the date(s) absent. 31I. 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. 32. VACATIONS 32A. 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. 32B. 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 21 employee until the day following payday. 32C. 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 of vacation leave. 32D. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 32E. 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. 32F. 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. 32G. 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. 32H. 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. 32I. 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. 33. SCHOOLS AND TRAINING 33A. The employer agrees to budget for job related education and training Local training opportunities shall be listed on the patrol room electronic display. The Chief or their designee will determine which employees will attend schools or training. Training opportunities will be based on the needs of the Department. In determining which employees may attend, consideration of specialized classifications, seniority, budget, and the program’s relevance to the police department’s overall training plan will be considered. 33B It shall be the responsibility of each employee to provide verification of 22 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 Training and Standards Commission. Each employee, upon request, shall be entitled to review their personnel file. 33C. 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) or twelve (12) hour shifts on days they are in training will be allowed to supplement the eight (8) hours with two (2) or four (4) hours of vacation or comp time. 33D. 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. 33E. Police Officer employees, upon hire, shall be required to sign an agreement, in the event of resignation, for reimbursement for cost of wages, transportation, testing expenses, and benefits to include insurance, FICA, and retirement while completing Field Training and Academy attendance at a reimbursement rate of 75% if resignation is within the first year of employment and 50% if resignation is within the second year of employment. If a new officer is hired and is a certified Law Enforcement Officer in the State of South Dakota, they wil l not be required to sign an employment agreement. 33F. The City agrees to provide for field training certification. The maximum number of certified FTOs will be at the discretion of the Chief of Police. 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 -half hour of compensation time (x1) for each 6 hours of training provided; one hour of compensation time (x1) for each 8 hours of training provided; one and on -half hours of compensation time (x1) for each 10 hours of training provided; and two hours of compensation time (x1) for each 12 hours of training to be utilized at a mutually agreed upon time as approved by his/her supervisor and/or Chief of Police for the training provided. 23 33G. The City agrees to provide for training/certification communication operator trainers. The maximum number of certified CTOs will be at the discretion of the Chief of Police. 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 Training Operator (CTO) who are engaged in training new recruits as part of the Communication Operator Training Program will accrue one-half hour of compensation time (x1) for each 6 hours of training provided ; one hour of compensation time (x1) for each 8 hours of training provided; one and one-half hours of compensation time (x1) for each 10 hours of training provided; and two hours of compensation time (x1) for each 12 hours of training to be utilized at a mutually agreed upon time as approved by his/her supervisor and/or Chief of Police for the training provided. All communication operator training hours will be documented on a form authorized by the Communication Commander and Department Head. 34. TRAVEL AND EXPENSE 34A. 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 over night 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 mileage will be paid in accordance with current City schedules. 34B. 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 seven (7) days prior to the training. 35. UNIFORMS AND EQUIPMENT 35A. The Employer will provide and issue all normally armed employees with a handgun, badges, handcuffs, protective head gear, and stocking hats. 35B. 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. 35C. 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 24 duty and investigators when executing search warrants. 35D. Investigators shall be granted a three hundred fifty dollar ($350.00) uniform allowance each January 1. Police uniforms provided shall be deducted from said amount. 35E. 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: 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. 35F. A boot allowance for reimbursement of $100.00 every year be provided to Police Officers for the purchase of work boots. The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the police officers purchase the boots needed for their jobs, it will be their responsibility to provide a copy of the actual receipt to the Chief of Police. The receipt will be used to track the amount of money used each year by police officers for the boot allowance. 36. FIREARMS The City shall provide weapons for all officers. 36A. The required on-duty weapon package as designated by the Chief will consist of a . semi-automatic pistol with two (2) extra clips, double clip holder and holster. 36B. Those officers who choose not to purchase the designated caliber weapon will be issued the complete designated 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. 36C. 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. 36D. Standards for non-uniform officers’ weapons shall be set by the Chief of Police. 25 36E. The officer will maintain the on-duty firearm at a satisfactory level to insure proper functioning of the firearm. 36F. The firearm will be inspected for up-keep, maintenance and proper functioning one (1) time a year by a certified Glock armor. If an y malfunction or discrepancy is found in a firearm, the City shall repair the firearm or replace if deemed necessary. 37. FIREARM QUALIFICATION 37A. There are three distinct types of firearm exercises, each of which shall be scheduled at the discretion of the Chief of Police. These are: 37A.1 Firearm Training: These exercises shall be supervised by a qualified instructor, and officers are therein instructed on proper firearm use. Necessary ammunition and targets shall be provided by the City at the time of the scheduled training exercises. 37A.2 Firearm Practice: Each officer shall be given two hundred (200) rounds of ammunition and targets to be utilized during practice exercises. Officers will have one practice shooting exercise conducted at the Brookings Firearms Range no less than three (3) months prior to official firearms qualification with additional rounds of ammunition allotted to that officer, above the already two hundred (200) rounds allotted, if additional training is determined necessary by the firearms instructor and Chief of Police. This pertains to duty guns only. A minimum of one (1) additional 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. Shooting exercises shall be supervised by department firearms instructors to provide education and assistance to officers in preparation of official firearms qualification. 37A.3 Official Qualification: Needed ammunition and targets shall be provided by the City. If an officer fails to meet the “State of South Dakota Handgun Qualification” course once per year with a minimum passing score of 76% 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 26 issued firearm. It will be up to the officer who is not qualified to make arrangements with a range officer to become qualified. 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. 38. VEHICLES 38A. 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. 39. 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: 39A. 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, their intention to seek a political office; 39B. that said employee never campaign in any manner whatsoever, during hours of employment; 39C. 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 39D. 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 27 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 Counci l. 40. WAGES 40A. 2020 sales tax is projected to end at negative eight percent (-8%). Commencing January 1, 2021, wages will be adjusted based on 2020 Sales Tax Performance as follows:  If 2020 sales sax ends as projected, there shall be no pay increase including COLA or Merit  If 2020 sales tax ends two percent (2%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends three percent (3%) better than projected, the new salary ranges will be implemented and there will be a two percent (2%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*.  If 2020 sales tax ends at or above four percent (4%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) salary increase for those who do not receive an increase when the new salary ranges are implemented*. The City of Brookings will implement employees into their new salary range by mirroring the employee’s relationship to their current midpoint, capped at their future midpoint. Employees whose current salary is at or above their future midpoint will not receive an increase during implementation of the new salary ranges, but will be eligible for a payout or salary increase based on 2020 Sales Tax Performance. *Employee wages shall be adjusted to receive the minimum of the payout or salary increase. This may include a combination of an increase during implementation of the new salary ranges and payout or salary increase based on 2020 Sales Tax Performance to reach the full minimum. 40C. Union contract will be for two (2) years and will be opened annually for wages only thereafter, with negotiations commencing before the budget process each year. 41. CHECK OFF 28 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. 42. UNION BUSINESS AND REPRESENTATIVES 42A. 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. 42B. 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. 43. 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 adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 44. LONGEVITY 44A. 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. 44B. 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. 29 44C. The 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. 45. SAFETY POLICY 45A. 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. 46. DURATION This Agreement shall be in full force and effect from January 1, 2021, to and including December 31, 2022, 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, 2021. Only wages will be opened annually unless other sections are mutually agreed upon to open. 47. 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 TEAMSTERS LOCAL UNION NO. 120 City Manager Principle Officer/President Date Business Agent (James Heeren) Date City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-081,Version:1 Action on Resolution 20-081, a Resolution authorizing the Execution of a Real Estate Sale Acquisition Agreement. Summary: This resolution will authorize the real estate sale acquisition agreement between the City of Brookings and Mike and Kathy McClemans to transfer approximately 3.48 acres to the City of Brookings. Background: City staff have been working with property owners Mike and Kathy McClemans related to their property which is adjacent to the 15th Street South and 7th Avenue South project. Mr. and Mrs. McClemans have agreed to convey approximately 3.48 acres of land to the City, as described in attached agreement and exhibit. In exchange for the property, the City agrees to pay for platting costs, waive all assessments the McClemans would otherwise be responsible for, and to pay for surveying and engineering costs to design and construct an earthen channel from 15th Street South to the north entrance of the McClemans Addition detention pond. The next steps include working through the permit application process with the Army Corps of Engineers for the earthen channel, performing surveying and platting of the parcel to be transferred to the City, and holding a public hearing at an upcoming City Council meeting on the Resolution of Necessity for the street assessment project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Agreement Area Map Exhibit City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: October 13, 2020 Subject: Resolution 20-081, a Resolution Authorizing Real Estate Sale Acquisition Agreement Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will authorize the real estate sale acquisition agreement between the City of Brookings and Mike and Kathy McClemans to transfer approximately 3.48 acres to the City of Brookings. Background: The City retained the services of Civil Design Inc. to design the street construction project for 15th Street South and 7th Avenue South as shown on the attached map. The street project includes water and sanitary sewer mains and services, grading, gravel, curb and gutter, asphalt pavement, storm sewer, detention pond, and wetland mitigation. The City Council held a public hearing on October 23, 2018 on the Resolution of Necessity for this project, which was tabled for storm drainage and easement discussions with land owners. Item Details: City staff have been working with property owners Mike and Kathy McClemans related to their property, which is adjacent to the 15th Street South and 7th Avenue South project. Mr. and Mrs. McClemans have agreed to convey approximately 3.48 acres of land to the City as described in the attached agreement and exhibit. In exchange for the property, the City agrees to pay for platting costs, waive all assessments that the McClemans would otherwise be responsible for, and to pay for surveying and engineering costs to design and construct an earthen channel from 15th Street South to the north entrance of the McClemans Addition detention pond. Upon approval of the agreement, the City will proceed with several tasks, including working through the permit application process with the Army Corps of Engineers for the earthen channel, and perform surveying and platting of the parcel to be transferred to the City. The City will also hold a public hearing at an upcoming City Council meeting on the Resolution of Necessity for the street assessment project. Legal Consideration: The property to be transferred to the City will be determined upon surveying and platting. The Mayor, City Clerk, City Attorney and City Manager are authorized to execute the documents to complete the land transaction. Strategic Plan Consideration: The street construction project furthers the accomplishment of City Council Strategic Initiative of Improving the Existing Stormwater System Through Systematic Prioritization with the construction of the detention pond. The street construction project will also provide the infrastructure necessary for the Affordable Housing project located on the south side of the future 15th Street South. Financial Consideration: The City will be responsible for the approximate assessment cost of $178,668 for the street assessment along the frontage of the property being transferred to the City. The proposed assessment cost for the City has been included in the 2021 budget for this project. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Agreement Area Map Exhibit Resolution 20-081 Resolution Authorizing the Execution of a Real Estate Sale Acquisition Agreement Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings desires to purchase the following described property: Approximately 3.48 Acres in the Southeast ¼ of the McClemans Addition to the City of Brookings, County of Brookings, State of South Dakota. Whereas, the property has been offered to the City and the City of Brookings has prepared a proposed Real Estate Acquisition Agreement, the terms of which are satisfactory to the City of Brookings. Now, Therefore, It Is Hereby Resolved the City Council of the City of Brookings, South Dakota, as follows: A. That the City acquire title to the above-described real property pursuant to a Real Estate Sale Acquisition Agreement with Prairie Meadow, Inc., Mike McClemans and Kathy McClemans; and B. That the Mayor, City Clerk, City Attorney and City Manager are authorized to execute the documents required to complete this transaction in accordance with this Resolution. Passed and approved on the 13th day of October, 2020. CITY OF BROOKINGS: ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk 1 REAL ESTATE SALE ACQUISITION AGREEMENT ____________________________ THIS REAL ESTATE ACQUISITION AGREEMENT is made and executed by and between the City of Brookings, South Dakota, (hereinafter referred to as the “City”), and Prairie Meadow, Inc., Mike McClemans and Kathy McClemans, (hereinafter referred to as “McClemans”). WITNESSETH: WHEREAS, the City desires to acquire the real property described below and McClemans agree to convey to the City, pursuant to the terms and conditions of this Real Estate Acquisition Agreement, the real estate described below. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE TO THE FOREGOING AND AS FOLLOWS: 1. Acquisition of Real Property. McClemans hereby agree to convey to the City and the City hereby agrees to acquire from McClemans the following described real property: Approximately 3.48 Acres in the Southeast ¼ of the McClemans Addition to the City of Brookings, County of Brookings, State of South Dakota as shown on the attached Exhibit “A”. The exact acres and boundaries shall be determined upon the property survey and platting of the parcel, with the McClemans being allowed final approval of the legal description of the land to be conveyed to the City after the property survey and proposed plat are complete. 2. Effective Date. This Real Estate Acquisition Agreement is effective upon its execution by all parties. 3. Purchase Price. The City will acquire the above-described property from McClemans in consideration for the mutual promises contained in this Agreement. 4. Merchantable Title/Real Estate Closing Documents and Miscellaneous . McClemans will convey the property free of liens and mortgages, but the property may be subject to easements, rights of way and restrictions of record. McClemans will provide clear and marketable title to the City concerning the above described real property, by Warranty Deed, which contains only easements, rights of way and restrictions of record. In addition, the City and McClemans, as the case may be, will also perform the following: A. Title Insurance Policy. The City will order a Title Insurance Commitment, which shows McClemans have marketable and merchantable title to the real 2 property which is the subject of this Agreement. At the time of Closing, the City will pay the entire cost of the Title Insurance Policy. B. Deed Preparation/Closing Service Fees. The City Attorney for the City will prepare the Warranty Deed and a Certificate of Real Estate Value required for this transaction at no expense to McClemans at the time of Closing. C. Transfer Fee/Recording Fee/Real Estate Taxes. 1. This transaction is exempt from transfer fees. 2. The City will pay the recording fee for the Warranty Deed. 3. The McClemans will pay the 2019 Real Estate Taxes. The 2020 Real Estate Taxes shall be prorated to the date of Closing, with McClemans paying the pro-rated share prior to the date of Closing. Because the property will be owned by the City of Brookings, which is a political subdivision, the property will be exempt from real property taxes from and after the date of Closing. D. Closing/Possession/Insurance. The Closing date will be scheduled at the earliest convenience of the parties at such time as all contingencies have been satisfied or waived, with title to be given to the City at the time of Closing. McClemans agree to maintain all existing insurance coverage on the property until the time of Closing. It is understood and agreed that the City will not take possession of the property until title has transferred. E. No Personal Property Included in this Agreement. No personal property is included in the sale of the above-described real estate. F. Current Use of Premises/Leases. McClemans acknowledge there are no current leases of the above-described property. G. Surveys and Tests. The City, its employees, agents and contractors will have the right to enter upon the above-described real property to perform such soil tests and surveys upon execution of this Agreement which the City deems necessary, provided the City’s representatives do not interfere with McClemans’ use of the property. 5. Additional Specific Terms and Obligations of the Parties. (a) The City agrees to pay for platting costs of the parcel referred to in this Agreement being transferred to the City and any land that is not currently platted that is adjacent to the land conveyed in this Agreement that will remain in the possession of the McClemans, and to provide the plats to the Planning Commission and City Council for proper approval prior to filing of said plats and transfer of the above-described property. 3 (b) The City agrees that the McClemans will retain possession of any dirt removed from the earthen channel. The City may place the dirt in the space provided by McClemans, which is south of Lot 309, west of Lot 312 and 412 on the west side of the road, provided the space provided is not in a jurisdictional wetland. (c) The City agrees to waive all assessments that the McClemans would otherwise be responsible to pay for the 15th Street South and 7th Avenue South project, including, but not limited to, water, sewer, drainage and road construction assessments. (d) The City agrees to pay for additional topographic surveying and engineering costs to design an earthen channel in the approximate locations shown on the attached Exhibit. If permitted by the Army Corps of Engineers, the City agrees to construct an earthen channel from 15th Street South to the north entrance of the McClemans Addition detention pond. The City further agrees to apply for a permit from the Army Corps of Engineers and any other required agency to construct the earthen channel. (e) The City will excavate an earthen forebay silt collection facility on the above described real property transferred to the City within 50 feet of the property line between the property transferred to the City and the McClemans Addition detention pond, which is located south of the earthen channel shown on the attached Exhibit. After Closing, the City will maintain the forebay silt collection facility after its installation and the earthen channel so both the facility and channel function for their intended purposes. (f) If all Contingencies described in Paragraph 6 below are satisfied, the City and the McClemans agree to the following deadlines: The City agrees to submit any applications for 404 permits within six (6) months of the latter of the expiration date of any referendum period if there is no referendum, or the date following the election canvassing if there is a referendum election, and the acquisition is approved at a referendum election. Since it is the intention of the City to construct the earthen channel and street as a single-bid project, the City further agrees to finance the project as determined by the project bid prices. The City further agrees to complete all drainage work, including installation of the forebay silt collection facility, on the conveyed property within two years (2) of the receipt of the Army Corps of Engineers approval of the earthen channel. The City also agrees to complete the road project at 15th Street South and 7th Avenue South within two (2) years of the receipt of the Army Corps of Engineers approval of the earthen channel. The parties also acknowledge that the authorization and time frame of construction of the earthen channel shall be contingent upon approval by the Army Corps of Engineers, and approval of a budget amendment by the Brookings City Council for the corresponding financing of the project. 4 6. Contingencies. The obligation of the City to acquire the above-described property pursuant to this Agreement is contingent upon the following: (a) That McClemans provide clear and marketable title to the City concerning the above described real property, by Warranty Deed, which contains only easements, rights of way and reservations of record. If there are any title restrictions, defects or burdens to which the City objects, other than easements, rights of way and restrictions of record, such objection will be stated in writing to McClemans, and McClemans will be allowed a reasonable time of not less than sixty (60) days in which to correct the same , and the Closing date will be delayed for not less than sixty (60) days to provide McClemans with time to correct said defect. (b) The parties also acknowledge the following contingency is also a condition precedent to the performance of this Agreement by the City. Briefly stated, the contingency concerns the right of the public to petition for referendum concerning this transaction. This is viewed by the City as unlikely, and discussed at greater length in subsection (i) below. (i) Referendum/Election. The City’s obligation to acquire the property described herein will be terminated if the City Council’s decision to acquire the above-described property is referred by the voters and the voters do not approve the acquisition. “Referred” means a Petition to Refer, signed by the requisite residents, is filed and the voters of the City, at an election, vote to nullify the decision of the City to acquire the property described herein. In the event of a successful referral, this Agreement will be null and void. This contingency will be waived at the later of the expiration date of any referendum period if there is no referendum, or the date following the election canvassing if there is a referendum election, and the acquisition is approved at a referendum election. However, a referendum decision by voters of the City which does not approve the acquisition will permit the City to terminate this Agreement at no cost or liability to the City. A referendum is not likely but all government real estate transactions are subject to the possibility of referendum. The City will be able to waive this contingency 20 days after publication of the Resolution approving this Real Estate Acquisition Agreement. The City will publish the Resolution approving this Real Estate Acquisition Agreement within thirty (30) days of the final signature on this Agreement. 5 If the foregoing contingencies are not satisfied or resolved or waived by the City, then this Agreement may be terminated at the option of the City and this Agreement shall be null and void. 7. Mutual Understanding. It shall be understood that the earthen channel will carry drainage flows to the maximum capacity of the channel. There will be rain events that will exceed the capacity of the channel and those storm drainage flows will flow onto neighboring properties outside the earthen channel. 8. Good Faith/Mutual Cooperation. (a) The respective parties will in good faith seek to satisfy all contingencies to this Real Estate Acquisition Agreement and will act in a timely manner to permit its prompt Closing. At any time and from time to time before and after the Closing, the City will, at the request of McClemans, and without further consideration, promptly execute, acknowledge and deliver such further instruments and take such further action as McClemans may reasonably request in order to consummate and confirm the transaction contemplated by this Agreement and to accomplish the purposes of this Agreement; however, no such instruments or actions will impose upon the City any burden or obligation which is in excess of any burden or obligation specifically imposed upon the City pursuant to the terms of this Agreement. (b) At any time and from time to time before and after the Closing, McClemans will, at the request of the City, and without further consideration, promptly execute, acknowledge and deliver such further instruments and take such further action as the City may reasonably request in order to consummate and confirm the transaction contemplated by this Agreement and to accomplish the purposes of this Agreement; however, no such instruments or actions will impose upon McClemans any burden or obligation which is in excess of any burden or obligation specifically imposed upon McClemans pursuant to the terms of this Agreement. 9. Review by Counsel. The City and McClemans acknowledge that they each have had an opportunity to review this Agreement, as necessary, with legal counsel, and the parties agree that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. This Real Estate Acquisition Agreement was prepared by Steven J. Britzman, City Attorney for the City of Brookings. 10. Applicable Law. The laws of South Dakota govern this transaction. 6 11. Entire Agreement. This written Agreement constitutes the complete Agreement between the parties and supersedes any prior oral or written Agreement between the parties regarding the subject matter of this Agreement. There are no verbal agreements that change this Agreement and no waiver of its terms will be effective unless such are made and executed in writing and duly acknowledged as received by the parties. 12. Binding Effect. This Agreement binds the parties hereto and their heirs, successors and assigns, if any. Dated this ____ day of _______, 2020. MCCLEMANS: PRAIRIE MEADOW, INC., MIKE McCLEMANS and KATHY McCLEMANS By: President of Prairie Meadow, Inc. Mike McClemans Kathy McClemans Dated this ____ day of ________, 2020. CITY: CITY OF BROOKINGS (SEAL) By: Keith Corbett, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk CARDINAL DR CRCARDINAL DRCASTLEWOOD DRTRAIL RIDGE RD REMINGTONARROWHEAD PASSMAIN AVE SMAIN AVE SMAIN AVE SYORKTOWN DR12TH ST S12TH ST S12TH ST S12TH ST SPHEASANT RUN CIRPHEASANT RUN RDPHEASANT RUN RDPHEASANT RUN RDtexttexttexttexttexttexttexttexttexttexttexttext15TH ST S15TH ST SMEDARY AVE SMEDARY AVE SSIOUX PASSSIOUX TRLMUSTANG PASS16TH ST S16TH ST S7TH AVE S7TH AVE S48" RCP24" RCP24" RCP30" RCP30" RCP36" RCP18" RCP18" RCP18" RCP15" RCPFeet0400800 15th Street South & 7th Avenue Extension - Project Area 14+130+001+002+003+004+005+0 06+007+008+0 0 9+0 0 10+0011+0012+0013+0014+00Unplatted 8.14 ac (approx) 25' Access Easement (0.05 ac) Unplatted 2.74 ac (approx) Lot 4B, Blk 11, McClemans Addition Block 5A McClemans Addition Block 12 McClemans Addition Block 1 McClemans Addition Drainage Acquisition Area (3.48 ac) 1603.2 1603.3 -- 1601.0 1601.2 1600.9 1602.3 1602.2 1608.2- 1610.2 1602.3 1602.3 - 1607.0 1604.6 1604.0 -- 1609.8 1609.8 1609.81610.3 1601.56 1600.78 1601.2 1600.77 1601.0 1601.12 1601.45 1601.721601.6 1606.38 -- 1607.7 1606.1 1606.2 1607.9 1609.0 1609.2 1613.4 REMINGT O N CIR LE P R E C HAUN CIR 17 TH ST S REMINGT ON HUNTE RS RIDGE RD RANGER CIR19TH ST S 20T H ST S 20TH ST S 20TH ST S 9TH AVE S9TH AVE S9TH AVE SMEDARY AVE SMEDARY AVE SMEDARY AVE SMEDARY AVE SMEDARY AVE S15TH ST S 16TH ST S 7TH AVE S7TH AVE S7TH AVE S7TH AVE S5+00.00 1600 1605 1610 1615 1600 1605 1610 1615 0 20 40 60 800-20-40-60-80 9+00.00 1605 1610 1615 1605 1610 1615 0 20 40 60 800-20-40-60-80 WINDERMERE WAY 12+00.00 1605 1610 1615 1605 1610 1615 0 20 40 60 800-20-40-60-80 1618.0 3+00.00 1600 1605 1610 1615 1600 1605 1610 1615 0 20 40 60 800-20-40-60-80 General Channel Specs: 25' bottom width 5:1 side slopes 2.5-3.0' deep 0.41% running slope design n = 0.035-0.040 Existing Drainage Channel City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-022,Version:1 Introduction and First Reading on Ordinance 20-022, an Ordinance Establishing a Public Works Department. Second Reading: October 20, 2020. Summary: The City Manager is recommending a reorganization with the establishment of a Public Works Department to develop a more cohesive department with coordinated efforts of services for the community. The department would contain the divisions of Engineering, Solid Waste, and Streets. This recommendation does not add any new employees and has no impact on the General Fund. The restructuring allows for a future savings in salaries with a reduction of departments/directors. Background: The City of Brookings currently has fifteen (15) direct departments, directors or divisions which report to the City Manager. The current structure does not allow for effective and efficient management. When open positions occur, staff is tasked with determining the greatest use of operational resources. The current structure has been in place since 2000. Fiscal Impact: There is no impact to the General Fund and no additional full time equivalents (FTE) necessary. Any salary augmentation for the Public Works Director’s salary will be compensated from the Solid Waste Enterprise Fund. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Existing Organizational Chart Proposed Organizational Chart Job Advertisement City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: October 13, 2020 / October 20, 2020 Subject: Public Works Department Establishment Person(s) Responsible: Paul M. Briseno, City Manager Summary: The City Manager is recommending a reorganization with the establishment of a Public Works Department to develop a more cohesive department with coordinated efforts of services for the community. The department would contain the divisions of Engineering, Solid W aste, and Streets. This recommendation does not add any new employees and has no impact on the General Fund. The restructuring allows for a future savings in salaries with fewer departments/directors. Background: The City of Brookings currently has fifteen (15) direct departments, directors or divisions that report to the City Manager. The existing organizational chart is attached to this memo. The current structure does not allow for effective and efficient management. When open positions occur, staff is tasked with determining the greatest use of operational resources. The current structure has been in place since 2000, with the exception of the Community Development Department addition. No legislative action was taken formally to incorporate this department. Discussion: The City Manager is recommending the creation of a Public Works Department and establishment of the attached proposed City Organizational Chart. Approval of the organizational shift will decrease the number of departments and directors to eleven (11). Currently, the City has two open positions in the Streets Department. The addition of a Public Works Department and Director is developed from one of the open positions. This action does not add any additional employees and salary shift is augmented with enterprise revenues. This equates to no impact to the General Fund. No additional Sales Tax or Property Tax is required for this transition. The reorganization adjusts the Solid Waste, Streets, and Engineering Directors to a Manager salary classification. The existing Solid W aste and Engineering Directors would maintain their existing title and salary until a future transition occurs from retirement. The newly created Public Works Department would contain the functions of engineering, stormwater, airport, snow removal, mosquito control, street maintenance, fleet, landfill and refuse collection. More importantly, the change allows for greater collaboration between all divisions which can naturally share resources, communication, and planning. The attainment of a professional Public Works Director is critical in assuring success in development of a sustainable operations and infrastructure. The American Public Works Association (APWA) states the centralization of regulatory functions into faster, friendlier, and flatter department is essential in today’s tough economy “where governmental efficiency is measured by the ability of its regulatory departments to innovate and function cohesively as a single unit.” APWA is a resource for Public Works Professionals. Attached to this memo is a proposed job advertisement, which further details the role of Public Works and professional criteria sought for the director position. South Dakota and peer cities were engaged to provide best practices for the development of a Public Works Department. In total, ten (10) South Dakota cities and six (6) peer college town Public Works job descriptions, department, and organizational structures were reviewed. Legal Consideration: There are no legal considerations at this time. Financial Consideration: There is no impact to the General Fund and no additional full-time equivalents (FTE) necessary. Any salary augmentation for the Public Works Director’s salary will be compensated from the Solid Waste Enterprise Fund. The proposed salary range for the Public Works Director would be a range 41 which is $97,714-$131,914. The reduction of Solid Waste, Engineering, and Street Directors to managers drops the positions range to 35 which is $77,569-$104,719. It’s proposed that existing individuals in the Solid W aste and Engineering Departments would not be financially impacted and change would occur with future transitions. Options and Recommendations: City Council has the following options: 1. Approve as recommended 2. Amend 3. Deny 4. Refer to a Study Session for further discussion 5. Do nothing Staff recommends approval of the proposed reorganization. Supporting Documentation: Memo Ordinance Existing Organizational Chart Proposed Organizational Chart Job Advertisement Ordinance 20-022 An Ordinance Establishing City Departments Be It Ordained by the City of Brookings, South Dakota: Whereas the City Charter (2.12 (1)) details the requirement of an ordinance to establish, or abolish any city department. Now, Therefore, Be It Resolved by the City Council establishes the following City of Brookings Departments: City Attorney, City Clerk, Community Development, Finance, Fire, Human Resources, Library, Parks, Police, and Public Works. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: October 13, 2020 Second Reading: October 20, 2020 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 10-07-2020 Solid Waste VOTERS CITY COUNCILBrookings Health System Board Community Development Swiftel Center FireHuman ResourcesLibraryLiquor Street Utilities Board CITY MANAGER Engineering Airport Police E-911 Park Recreation Forestry City Attorney City Clerk Chief Financial Officer Assistant City Manager VOTERS CITY COUNCIL Brookings Health System Board Community Development Human ResourcesLibraryChief Financial Officer Swiftel CenterFinanceLiquor Fire Assistant City Manager Utilities Board CITY MANAGER Parks Department Police Public Works Street Solid WasteEngineering 09-22-2020 City Attorney City Clerk NOW ACCEPTING APPLICATIONS City of Brookings, South Dakota BROOKINGS IS... PUBLIC WORKS DIRECTOR DRAF T The City of Brookings is an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. BRING YOUR DREAMS. ABOUT BROOKINGS Brookings is a safe, family-friendly, and vibrant community with many amenities you would find in a larger city, but with the comfort of a small town. With a population of 23,773, the City of Brookings is the fourth largest city in South Dakota and encompasses a total area of 13.5 square miles. It is the seat of government for Brookings County (population 34,135). The City of Brookings has experienced significant growth with a 25% population increase since the 2005 census. Located in the heart of the I-29 corridor with an estimated 530,000 annual visitors, the City of Brookings is just minutes from the Minnesota border and less than an hour drive to the state’s largest city, Sioux Falls. . THE COMMUNITY What really makes Brookings a special place is its unique neighborhoods, tree- lined streets, its leisurely pace of living, lack of crowds and congestion, and its genuine and friendly people. The City of Brookings boasts exceptional, well-maintained public parks, trails and recreational venues that provide a great place to have a picnic, play disc golf, or just play. Miles of biking trails throughout the City of Brookings provide entertainment for the entire family connecting parks, neighborhoods, schools and other civic amenities. The city provides an abundance of attractions and activities such as the Dakota Nature Park, Children’s Museum of South Dakota, South Dakota Art Museum, McCrory Gardens Education & Visitor Center, South Dakota Agricultural Heritage Museum, Outdoor Adventure Center of South Dakota, Downtown at Sundown, summer concert series and Brookings Summer Arts Festival. Brookings is a city with an extraordinary quality of life, booming job market and outstanding school system. Niche ranked Brookings School District as the #2 Best & Safest School District in South Dakota for 2017-18. In total, the Brookings School District has a growing enrollment serving over 3,400 students and is currently the seventh largest school district in South Dakota. Brookings is home to South Dakota State University (SDSU), the largest institution of higher education in the state (with an enrollment of over 11,000 students). SDSU creates a youthful and energetic atmosphere and offers residents exciting Division I college athletics, as well as a multitude of cultural, educational and recreational activities. The City has excellent healthcare resources, one of the nation’s lowest crime rates and is located in the lowest cost state for doing business. Brookings Health System, is a non-profit, city-owned health organization offering a full range of inpatient, outpatient, surgery, home health and extended care services. Clinical services are provided by Avera Medical Group and Sanford Health. In addition, Brookings has one of the best tax climates in the country with no personal property or personal income tax, no inheritance or corporate income tax, and no state income tax. More families are choosing Brookings for its safe, friendly, entrepreneurial, and progressive environment. The City of Brookings operates under the Council-Manager form of government, which was adopted in 1999. A Home Rule Charter City, under South Dakota Law, the City is governed by a Mayor and six Council Members, all elected at-large for three-year overlapping terms. The Mayor and City Council appoint the City Manager, City Clerk and City Attorney, who is retained on a part-time contractual basis. The City Manager serves as the Chief Administrative Officer of the City and is directly responsible to the City Council for all day-to-day operations, the financial condition and practices of municipal government and selects, appoints and directs all departments of the City as provided by the city charter. The City operates with a Leadership Team of 11 department directors, all of which the City Manager has direct oversight, in a collaborative and open environment where people work together across departments striving to provide excellent customer service. The Leadership Team includes: Assistant City Manager, City Clerk, City Attorney, Community Development, Chief Financial Officer, Fire, Human Resources, Library, Parks/Recreation & Forestry, Police, and Public Works. Many departments are assisted by citizen advisory boards, which provide a valuable service as a liaison between the public and City government. In addition, the City of Brookings has established semi-autonomous enterprise functions, which are governed by appointed boards for Brookings Municipal Utilities (BMU), which manages electric, water, wastewater, internet, cable television, and telephone operations; and the municipal Brookings Health System, which includes a 49-bed acute care hospital, 79-bed skilled nursing home, clinics and congregate senior apartments. The City currently employs 145 personnel and has a total budget of $54 million ($16.8 General Fund) for fiscal year 2021. CITY GOVERNMENT #1Best College Towns in S.D. (Travel Pulse, 2019) #1Best Cities to Live in S.D. (Chamber of Commerce, 2019) #7 Most Arts-Vibrant Small Cities in the U.S. (SMU Data Arts, 2019) — National Micropolitan Success Story (Walton Family Foundation, 2018) #25Best Cities for Entrepreneurs in America (Livability/Entrepreneur, 2017) #16 Best Performing Micropolitans in the Country (Policom, 2020) #1Best Places to Live in S.D (Niche, 2018, 2017, 2016) #8 Top College Towns in America (Schools.com, 2017) #2 Safest Cities in S.D. (Alarms.org, 2018) WHY BROOKINGS?DRAF T We are a welcoming and inclusive community. Bring your dreams! OUR VISION Our community expects great things from city employees. Every employee adds value to the City of Brookings through distinct skill sets and essential services. Individuals are chosen to be part of the team because of the core values and attributes they possess. Together, through servant leadership, we help shape the community to create a lasting legacy for all to reflect on with pride. As a team, we assist in “achieving dreams.” To provide high quality of life through exceptional services and proactive solutions. Our organization operates through honest, service-oriented leadership with core values of integrity, accountability, and innovation. OUR MISSION PUBLIC WORKS DIRECTOR OUR VALUES POSITION OVERVIEW THE IDEAL CANDIDATE WHAT WE DO IS BIGGER THAN US. The City of Brookings is seeking qualified applicants to lead the newly created Public Works Department. The position acts as a key partner in helping the City Manager and City’s leadership team shape the City’s organizational culture and implementing the City’s mission and vision. This professional employee will focus on the combination of physical assets, management practices, policies and personnel necessary for government to provide and sustain structures and services essential to the welfare and acceptable quality of life for Brookings residents. The Public Works Department is the largest City department comprised of the streets, fleet, engineering, stormwater, airport, refuse collection, and landfill divisions. The department contains 32 staff members and functions with a budget of approximately $5 million in operations and $4 million in capital annually. Brookings has 242 miles of street maintenance and has a rating of B- for its transportation system. Stormwater continues to be a major dialogue for the town as it continues to shape Brookings future. This department is responsible for 52.8 miles of stormwater pipe, and 1768 stormwater structures. The selected individual must bring a desire to build individuals up, promote leadership opportunities and provide positive leadership. The organizations core values are to operate through honest, service-oriented leadership with core values of integrity, accountability, and innovation. The City’s mission is to provide high quality of life through exceptional services and proactive solutions. All members of the organization live to foster a welcoming and inclusive community where all can bring their dreams! Brookings employees know they are not just making decision that impact people today; they are making decisions that will affect generations to come in a positive manner. • Outstanding leadership qualities that will bring strength, stability, and long term credibility to the position with a strong focus on customer service and building solid relationships with internal and external stakeholders through proactive solutions. • Provide leadership that builds teams as well as inspires, motivates, and empowers staff to achieve established goals. • Ability to ensure sustainable and best practices are a priority that encompasses all aspects of investing in the long- term good of the community through capital improvement and operations. This means making decisions that are simultaneously beneficial for the environment, residents, development, economy, community character, overall quality of life and more. • Executing ability that utilizes a holistic approach requiring everyone from the Public Works Director to residents and from across divisions, cities and counties. • Excellent communication and interpersonal skills as well as solid presentation and organization abilities. • Will create an open, collaborative, and successful working relationship with the City Manager, leadership team, elected officials, community stakeholders, State and Federal officials, representatives of the media and the public. • The principles and practices of Public Works administration, budgeting, personnel administration, contract management, and risk management. • A hands on understanding of municipal government or other organizations of similar complexity. • Understanding of applicable federal, state and local laws, codes and regulations. • Ability to analyze problems and solutions and take appropriate actions and deal effectively with complex and sensitive issues. • Work tactfully in a sometimes highly scrutinized environment while remaining patient, approachable, and self-confident. • Be a sustainability leader with big picture thinking, strong communication skills, and keen peripheral vision. • Enjoy and thrive in a fast-paced, robust environment, and be able to address day-to-day operations with common-sense and a cooperative approach to decision-making and problem solving. DRAF T City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-021,Version:2 Public Hearing and Action on Ordinance 20-021, an Ordinance Amending Chapter 51, Subdivision Regulations, pertaining to Information Required for a Preliminary Plat and Final Plat. Summary: The City of Brookings is seeking approval of an amendment to the Subdivision Regulations to change the deadline for submittal of a preliminary plat and the materials required for submittal of a final plat. Background: The current ordinance requires the submittal of preliminary plats by the fifteenth of the month preceding the planning commission meeting. Staff is recommending changing the due date for preliminary plat submittals to the first of the month for the following month’s meeting. A preliminary plat is a major component in the overall development process and it’s important to allow adequate time to review the preliminary plat and associated preliminary drainage and grading plan. The current schedule creates challenges for completing a thorough review of the preliminary plat while also allowing the process to move forward. The proposed changes affecting the final plat are simply updating the ordinance to reflect current practices. Staff no longer needs six (6) paper copies of the final plat. Rather, one (1) reproducible mylar is needed for required signatures and filing with the Register of Deeds. A copy of the filed plat is provided to the Community Development Department and scanned for office records. The electronic copy of the CAD file is provided by the engineer / surveyor for insertion into the City’s parcel layer. Recommendation: The Planning Commission voted 7 - 1 recommending approval of the ordinance amendment. The Development Review Team (DRT) recommends approval of the ordinance amendment. Attachments: Memo Ordinance - Clean Ordinance - Marked Up Notice Planning Commission Minutes City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: September 22, 2020 / October 13, 2020 Subject: Amendment to Chapter 51, Subdivision Regulations, Pertaining to Section 51-31 and 51-42 – Information Required Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings is seeking approval of an amendment to the Subdivision Regulations to change the due date for submittal of a preliminary plat and the materials required for submittal of a preliminary and final plat. Background: The current ordinance requires the submittal of preliminary plats by the fifteenth of the month preceding the planning commission meeting. Staff is recommending changing the due date for preliminary plat submittals to the first of the month for the following month’s meeting. For example, a preliminary plat would be due October 1st for the November 3rd planning commission meeting. A preliminary plat is a major component in the overall development process and it is important to allow adequate time to review the preliminary plat and associated preliminary drainage plan and grading plan. The preliminary plat provides the developer with an acceptance of the development concept and allows them to move towards final platting and issuance of building permits. The current schedule creates challenges for completing a thorough review of the preliminary plat while also allowing the process to move forward. The second part of the amendment is to clean up ordinance language consistent with actual practices. Six (6) paper copies of the final plat are not necessary as only the reproducible mylar is signed by the appropriate offices. The Register of Deeds provides the Community Development Department with a copy of the recorded plat for City records. Local engineering firms provide the City with the electronic CAD file for input into our CAD files, however, the amendment clarifies the CAD file as a requirement and alleviates any issues we may face when working with firms not familiar with our processes. Item Details: The ordinance amendment will allow more time for staff and the Development Review Team to review preliminary plats and include recommendations and revisions in the Planning Commission packets. It also cleans up ordinance language that is inconsistent with current practices. Legal Consideration: None. Strategic Plan Consideration: The proposed ordinance amendment is consistent with the Comprehensive Plan’s Implementation Recommendations by reviewing existing ordinances and policies and creating efficiencies while enhancing overall design. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a study session 5. Do nothing The Planning Commission voted 7 – 1 recommending approval of the ordinance amendment. The Development Review Team (DRT) and staff recommend approval of the ordinance amendment. Supporting Documentation: Memo Ordinance – Clean Ordinance – Marked Up Notice Planning Commission Minutes Ordinance 20-021 An Ordinance amending Chapter 51, Subdivision Regulations of the City of Brookings pertaining to information required of preliminary and final plats for purposes of administration of the Subdivision Ordinance Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE III. PRELIMINARY PLAT That Section 51-31 of Artilce III. Of the Subdivision Regulations shall be amended to read as follows: Sec. 51-31. – Information required. Whenever a preliminary plat is proposed, the developer shall submit one copy at an appropriate engineering scale but in no case greater than a scale of 200 feet to one inch. The preliminary plat shall be submitted to the Community Development Department on or before the first day of the month in order for the preliminary plat to be considered at the following month’s Planning Commission meeting (e.g. file by August 1st for consideration at the September Planning Commission meeting). The preliminary plat shall contain the following: II. ARTICLE IV. FINAL PLAT That Section 51-42 of Article IV. of the Subdivision Regulations shall be amended to read as follows: Sec. 51-42. - Information required. One electronic copy and one reproducible mylar of the plat with signatures shall be submitted to the community development department. An electronic CAD file version of the plat line work, produced in accordance with the city engineering standards, shall also accompany the plat submission. The CAD line work must match signed hardcopy. The plat shall be drawn at a scale of 100 feet to one inch, or at an appropriate scale as determined by the licensed land surveyor, from an accurate survey and on one or more sheets whose dimensions are as required by state law. If more than two sheets are required, an index sheet of the same dimension shall be attached and filed. The plat shall show the following information: III. Any and all ordinances in conflict herewith are hereby repealed. First Reading: September 22, 2020 Second Reading: October 13, 2020 Published: October 16, 2020 CITY OF BROOKINGS, SD _____________________________ Keith W. Corbett, Mayor ATTEST: _______________________ Bonnie Foster, City Clerk Ordinance 20-021 An Ordinance amending Chapter 51, Subdivision Regulations of the City of Brookings pertaining to information required of preliminary and final plats for purposes of administration of the Subdivision Ordinance Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE III. PRELIMINARY PLAT That Section 51-31 of Artilce III. Of the Subdivision Regulations shall be amended to read as follows: Sec. 51-31. – Information required. Whenever a preliminary plat is proposed, the developer shall submit two one copyies at an appropriate engineering scale but in no case greater than a scale of 200 feet to one inch. The preliminary plat shall be submitted to the planning administrator Community Development Department on or before the fifteenth first day of the month in order for the preliminary plat to be considered at the following month’s Planning Commission meeting (e.g. file by August 1st for consideration at the September Planning Commission meeting). The preliminary plat shall contain the following: II. ARTICLE IV. FINAL PLAT That Section 51-42 of Article IV. of the Subdivision Regulations shall be amended to read as follows: Sec. 51-42. - Information required. Six copies and oOne electronic copy and one reproducible mylar of the plat with signatures shall be submitted to the community development department. An electronic CAD file version of the plat line work, produced in accordance with the city engineering standards, shall also accompany the plat submission. The CAD line work must match signed hardcopy. The plat shall be drawn at a scale of 100 feet to one inch, or at an appropriate scale as determined by the licensed land surveyor, from an accurate survey and on one or more sheets whose dimensions are as required by state law. If more than two sheets are required, an index sheet of the same dimension shall be attached and filed. The plat shall show the following information: III. Any and all ordinances in conflict herewith are hereby repealed. First Reading: September 22, 2020 Second Reading: October 13, 2020 Published: October 16, 2020 CITY OF BROOKINGS, SD _____________________________ Keith W. Corbett, Mayor ATTEST: _______________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN SUBDIVISION REGULATIONS NOTICE IS HEREBY GIVEN THAT the City of Brookings has submitted amendments to the following Sections of the Subdivision Regulations: 51-31 Information Required, 51-42 Information Required, pertaining to preliminary and final platting. NOTICE IS FURTHER GIVEN That said changes will be acted on by the City Council at 6:00 PM, on Tuesday, October 13, 2020 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 2nd day of October 2020. ____________________________ Bonnie Foster City Clerk Planning Commission Brookings, South Dakota September 1, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday September 1, 2020, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Ashley Biggar, James Drew, Gregg Jorgenson, Jason Meusburger – via telephone, Jacob Mills, Lee Ann Pierce, Eric Rasmussen and Aiken. Absent was Greg Fargen. Also present was Community Development Director Mike Struck. . Item #5c – The City of Brookings has submitted amendments to Chapter 51, Regulations, Pertaining to Information required for a Preliminary Plat and Final Plat (Biggar/Jorgenson) Motion to approve the Amendments. Drew voted nay. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5c – This ordinance amendment is to clean up some language and have it follow current practices. On the preliminary platting processes we require two copies of the preliminary plat, the language regarding the scaling is being updated, and to also move the deadline date for the submission of preliminary plats. Proposal is for the deadline to be the 1st of the month rather than the 15th of the month preceding the Planning Commission meeting to allow staff adequate time for review of the plat. The Final Plat procedures are simply to clean up the procedures and state that only 1 Mylar copy needs to be submitted to Community Development. The City would also like the electronic copy of the CAD file be provided to the City. Mills is in favor of these changes to allow staff adequate time for review of Preliminary Plats. He wonders if the developer should be required to submit an aerial overlay also. Struck isn’t sure that he would be in favor of making this a requirement. Some surveyors may not have access to aerial imaging. Rasmussen is wondering why the scaling is different between the preliminary and final plat. Struck explained that the preliminary plat is at a larger scale taking in more land and covering a broader area. Drew appreciates the change in the Administrative Final Platting. He is wondering if BMU and the City Engineer’s office have a deadline for when their comments need to be submitted on final plats. Struck explained that depending on staffing and scheduling, there could be a delay in approving these but they typically try to have the complete approval processing done within 10 working days. The meeting was adjourned at 6:58 p.m. ______________________ __________________________ Mike Struck Tanner Aiken, Chairperson Community Development Director City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-082,Version:1 Public Hearing and Action on Resolution 20-082, a Resolution giving approval to certain Storm Drainage Improvements; giving approval to the Issuance and Sale off a Revenue Bond to Finance, Directly or Indirectly, the Improvements to the Facilities; approving the Form of the Loan Agreement and the Revenue Bond and Pledging Revenues and Collateral to Secure the Payment of the Revenue Bond; and creating Special Funds and Accounts for the Administration of Funds for Operating of the System and Retirement of the Revenue Bond. (State Avenue Watershed Improvement Project) Summary: This resolution will give approval for the City of Brookings to utilize a State Revolving Fund Loan with the South Dakota Department of Environment and Natural Resources for the State Avenue Watershed involving the drainage improvements in the Jefferson Avenue area. Background: The City received approval for loan funding from the Clean Water State Revolving Fund (SRF) Program with the South Dakota Department of Environment and Natural Resources to finance this project. The loan will finance up to $850,000 with terms of 2.5% interest for 20 years and will be repaid through the City drainage fund from the collected drainage fees. The City’s bond council is represented by Meierhenry Sargent LLP from Sioux Falls. This resolution will give approval of the loan agreement from the State Revolving Fund Program for the Jefferson Avenue Drainage Improvement Project. The project is scheduled to be bid and constructed in 2021. Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: October 13, 2020 Subject: Resolution 20-082, Approving the Issuance and Sale of a Revenue Bond to Finance Drainage Improvements Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will give approval for the City of Brookings to utilize a State Revolving Fund Loan with the South Dakota Department of Environment and Natural Resources for the State Avenue Watershed involving the drainage improvements in the Jefferson Avenue area. Background: The City Council adopted the Master Drainage Plan Priority List on June 11, 2019, which included the State Avenue Watershed Improvement Project, Phase 1, located in the Jefferson Avenue area in the Morningside Addition. The project includes storm sewer improvements along Jefferson Avenue and is budgeted for construction in 2021. Item Details: The City received approval for loan funding from the Clean Water State Revolving Fund (SRF) Program with the South Dakota Department of Environment and Natural Resources to finance this project. The loan will finance up to $850,000 with terms of 2.5% interest for 20 years and will be repaid through the City drainage fund from the collected drainage fees. The City’s bond council is represented by Meierhenry Sargent LLP from Sioux Falls. This resolution will give approval of the loan agreement from the State Revolving Fund Program for the Jefferson Avenue Drainage Improvement Project. Legal Consideration: The loan closing will be completed by the City Attorney and Meierhenry Sargent bond council. Strategic Plan Consideration: This project is a prioritized drainage project to improve storm water management in the State Avenue watershed. The project further meets Strategic Plan Stormwater Goal 2 to Improve the existing stormwater system through systematic prioritization. Financial Consideration: The City will repay the loan through the Storm Drainage Fund. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Map Resolution 20-082 Resolution Giving Approval To Certain Storm Drainage Improvements; Giving Approval To The Issuance And Sale Of A Revenue Bond To Finance, Directly Or Indirectly, The Improvements To The Facilities; Approving The Form Of The Loan Agreement And The Revenue Bond And Pledging Revenues And Collateral To Secure The Payment Of The Revenue Bond; And Creating Special Funds And Accounts For The Administration Of Funds For Operating Of The System And Retirement Of The Revenue Bond. (State Avenue Watershed Improvement Project) WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and determined by the Legislature is to provide for financing the acquisition, maintenance, operation, extension or improvement of any system or part of any system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; or any system for the control of floods and drainage; or any combination thereof, together with extensions, additions, and necessary appurtenances; and, WHEREAS, a municipality is authorized by Section 6 of the Act to issue revenue bonds to defray the cost of extensions, additions and improvements to any utility previously owned and is authorized to pledge the net income or revenues from the net income or revenues from the system in accordance with Section 15 of the Act; and, WHEREAS, the City of Brookings (the “City”) currently operates a storm drainage system for the control of floods and other storm water drainage and has determined that improvements to the storm drainage system are necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its storm drainage, and has determined that improvements to the storm drainage system are necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its storm drainage system; and, WHEREAS, the City has determined to issue its revenue bonds to finance the improvements to its storm drainage system for the purpose of storm water management (the “System”) and has applied to the South Dakota Conservancy District (the “District”) for a Clean Water State Revolving Fund Loan to finance the improvements; WHEREAS, the City shall adopt rates and charges to be pledged, segregated and used for the payment of the Revenue Bond. NOW THEREFORE BE IT RESOLVED by the City as follows: SECTION 1. Definitions. The terms when used in this Resolution shall have the following meanings set forth in this section unless the context clearly requires otherwise. All terms used in this Resolution which are not defined herein shall have the meanings assigned to them in the Loan Agreement unless the context clearly otherwise requires. “Act” means South Dakota Codified Laws Chapter 9-40. 2 “Loan” means the Loan made by the South Dakota Conservancy District to the Ci ty pursuant to the terms of the Loan Agreement and as evidenced by the Revenue Bond. “Project” means the City of Brookings State Avenue Watershed Improvement Project. “Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement by the City to the South Dakota Conservancy District to evidence the City’s obligation to repay the principal of and pay interest and Administrative Expense Surcharge on the Loan. “System” means the City’s system of collection and management of storm water drainage. SECTION 2. Declaration of Necessity and Findings. 2.1. Declaration of Necessity. The City hereby declares and determines it is necessary to construct and finance improvements to its System described as the Project. 2.2. Findings. The City does hereby find as follows: 2.2.1. The City hereby expressly finds that if the Project is not undertaken, the System will pose a health hazard to the City and its inhabitants, and will make the City unable to comply with state and federal law. 2.2.2. Because of the functional interdependence of the various portions of the System, the fact that the System may not lawfully operate unless it complies with State and federal laws, including SDCL Chapter 34A-2, and the federal Clean Water Act, and the nature of the improvements financed, the City hereby finds and determines that the Project will substantially benefit the entire System and all of its users within the meaning of Sections 15 and 17 of the Act. 2.2.3. The City hereby determines and finds that for the purposes of the Act, including, in particular, Sections 15 and 17 of the Act, that only the net income from the system as improved financed by the Revenue Bond, be pledged for its payment. SECTION 3. Authorization of Loan, Pledge of Revenue and Security. 3.1. Authorization of Loan. The City hereby determines and declares it necessary to finance up to $850,000 of the costs of the Project through the issuance of bonds payable from the net revenues of the system and other funds secured by the City. The City hereby determines that because the Revenue Bond is issued in connection with a financing agreement described in SDCL 46A-1-49, 3 pursuant to Section 15 of the Act no election is required to issue the Revenue Bond. 3.2. Approval of Loan Agreement. The execution and delivery of the Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on file with the City Finance Officer (the “Finance Officer”) and open to public inspection, between the City as Borrower and the District, are hereby in all respects authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content attached hereto, with such changes as the attorney for the City deems appropriate and approves, for and on behalf of the City. The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City set forth in or required by the Loan Agreement. The Loan Agreement herein referred to and made a part of this Resolution is on file in the office of the Finance Officer and is available for inspection by any interested party. 3.3. Approval of Revenue Bond. The issuance of a revenue bond in a principal amount not to exceed $850,000 as determined according to the Loan Agreement in the form and content set forth in Appendix B attached to the form of Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby authorized, approved, and confirmed and the Mayor, Finance Officer, and other appropriate officials shall be and are hereby authorized and directed to execute and seal the Revenue Bond and deliver the Revenue Bond to the District, for and on behalf of the City, upon receipt of the pu rchase price, and to use the proceeds thereof in the manner set forth in the Loan Agreement. The Mayor and Finance Officer are hereby authorized to approve the final terms of the Revenue Bond and their execution and delivery thereof shall evidence that ap proval. The Revenue Bond shall be issued under the authority of SDCL Chapter 9 -40 and SDCL Chapter 6-8B, and the provisions of the Act are hereby expressly incorporated herein as provided in Section 19 of the Act. 3.4. Pledge of Revenues. The Revenue Bond together with the interest thereon, shall not constitute a charge against the City's general credit or taxing power, but shall be a limited obligation of the City payable solely out of the Project Debt Service Account, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Revenue Bond and shall be used for no other purpose than to pay the principal of, interest and Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly authorized in the Loan Agreement (including the purpose of securing Additional Bonds issued as permitted by the terms thereof). The City hereby irrevocably pledges to the South Dakota conservancy District all income and revenues of the System, including, without limitation, fees, charges to users of the System, penalties and hook-up fees, sign-up fees, proceeds of business interruption insurance, proceeds from the sale of property constituting part of the 4 System and investment income on all such revenues, but only to the extent that the revenues exceed the amounts necessary to operate and maintain the System, provided there shall be excluded from this pledge the proceeds of any federal or state grant or loan, and the investment income therefrom, to the extent such exclusion is a condition of such grant or loan. The City covenants and agrees to charge rates for all services from the System or establish charges or rates which will be sufficient to provide for the payments upon the Reven ue Bond issued hereunder as and when the same become due, and as may be necessary to provide for the operation and maintenance and repairs of the System, and depreciation, and the Rate Ordinance shall be revised from time to time so as to produce these amounts. The City hereby reserves the right to determine on a periodic basis the appropriate allocation of operation and maintenance expenses, depreciation, repair and reserves associated with the facilities financed with the Revenue Bond, provided that such determination of allocable operation and maintenance expenses shall in no event abrogate, abridge or otherwise contravene the covenant of the City set forth in this Section 3 or any other covenant or agreement in the Loan Agreement. SECTION 4. Rates, Certification, Segregation and Review. 4.1. Rates and collection There shall be charged rates for each fiscal year which shall ensure that its Net Revenues Available for Debt Service will equal at least 110% of its System Debt Service for such fiscal year. 4.2. Certification. In each fiscal year, or as soon as practicable, and in any event by the date of the delivery of the unaudited financial statements required in the Loan Agreement, the City shall (a) calculate its Net Revenues Available for Debt Service and System Debt Service for the fiscal year, and (b) certify such figures to the South Dakota Conservancy District. The certification described in clause (b) of the preceding sentence shall be substantially in the form of the certificate attached as Appendix E to the Loan Agreement. If the City fails to meet the Rate Covenant set forth in Section 6.4 of the Loan Agreement, the City shall supply the District with quarterly reports on the actions it is taking to correct its coverage deficiency until it delivers an annua l coverage certificate showing compliance with the first sentence of this Section. 4.3. Segregation. The Finance Officer shall set up bookkeeping accounts in accordance with South Dakota Legislative Audit guidelines for the segregation of the revenue. 4.4. Periodic review. The storm sewer drainage fees shall be reviewed from time to time, not less than yearly, and shall be modified in order to produce such funds as are necessary and required to comply with the Loan Agreement’s rate covenant and to pay principal of, interest and Administrative Surcharge on the Revenue Bond when due. The rates may be set by ordinance or resolution in 5 accordance with this Section. The rate ordinance or resolution shall be necessary for the support of government and shall be effective upon passage. SECTION 5. Additional Bonds. As permitted by Sections 8 and 9 of the Act, Additional Bonds payable from revenues and income of the System may be issued, as permitted in the Loan Agreement, and no provision of this Resolution shall have the effect of restricting the issuance of, or impairing the lien of, such additional parity bonds with respect to the net revenues or income from the extensions, additions or improvements. The City shall have the right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond pursuant to the Loan Agreement. SECTION 6. System Fund Accounts. For the purpose of application and proper allocation of net income of the System and to secure the payment of principal, Administrative Surcharge and interest on the Revenue Bond, the following mandatory asset segregations shall be included in the sewer system account of the City and shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Revenue Bond: 6.1. System Revenue Account. There shall be deposited periodically into the System Revenue Account the net revenues as defined in Section 17 of the Act derived from the operation of the System collected pursuant to the Ordinances and resolutions of the City of Brookings, South Dakota (collectively the “Rate Ordinance”). Moneys from the System Revenue Account shall be transferred periodically into separate funds and accounts as provided below. 6.2. System Debt Service Account. Out of the revenues in the System Revenue Account, there shall be set aside no later than the 25th day of each month into the account designated System Debt Service Account, a sum sufficient to provide for the payment as the same become due of the next maturing principal of, interest and Administrative Surcharge on the Revenue Bonds and any reserve determined by the City’s governing body to be necessary. The amount set aside monthly shall be not less than one-third of the total principal, interest, and Administrative Surcharge payable on the following January 15, April 15, July 15 or October15 and if there shall be any deficiency in the amount previously set aside, then the amount of such deficiency shall be added to the current requirement. 6.3. Depreciation Account. There shall be established a General Depreciation Account. Out of the revenues of the System Revenue Account there shall be set aside each month into the General Depreciation Account an amount determined by the Common Council to be a proper and adequate amount for repair and depreciation of the System. 6.4. System Surplus Account. There shall be established the System Surplus Account. Revenues remaining in the System Revenue Account at the end of any fiscal year after all periodic transfers have been made therefrom as above required, shall be deemed to be surplus and shall be transferred to the System 6 Surplus Account. If at any time there shall exist any default in making any periodic transfer to the System Debt Service Account, the Common Council shall authorize the City Finance Officer to rectify such default so far as possible by the transfer of money from the System Surplus Account. If any such default shall exist as to more than one account or fund at any time, then such transfer shall be made in the order such funds and accounts are listed above. When not required to restore a current deficiency in the System Debt Service Account, moneys in the System Surplus Account from time to time may be used for any of the following purposes and not otherwise: (a) To redeem and prepay the Revenue Bond when and as such Revenue Bond becomes prepayable according to its terms; (b) To pay for repairs of or for the construction and installation of improvements or additions to the System; and, if the balances in the Project Debt Service Account and the Project Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made there from prior to the end of the then current fiscal year, then: (c) To be held as a reserve for redemption and prepayment of any bonds of the System which are not then but will later be prepayable according to their terms; or (d) To be used for any other authorized municipal purpose designated by the Common Council. (e) No moneys shall at any time be transferred from the Project Surplus Account or any other account of the Fund to any other fund of the City, nor shall such moneys at any time be loaned to other municipal funds or invested in warrants, special improvements bonds or other obligations payable from other funds, except as provided in this Section. SECTION 7. Approval of Paying Agent/Registrar. The Revenue Bond shall be payable at the office of U.S. Bank National Association, St. Paul, Minnesota, hereby designated as paying agent and registrar. SECTION 8. Approval of Bond Counsel. Meierhenry Sargent LLP is hereby retained as Bond Counsel with respect to the Revenue Bond. SECTION 9. Tax Matters. The Interest on the Revenue Bond shall be excludable from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (“the Code”) and applicable Treasury Regulations (the “Regulations”). SECTION 10. Covenants. The City hereby covenants and agrees with the District and other owners of the Revenue Bond as follows: 7 10.1. The City will punctually perform all duties with reference to the Project, the System and the Revenue Bond required by the constitution and laws of the State of South Dakota and by this Resolution. 10.2. The City agrees and covenants that it will promptly construct the improvements included in the Project. 10.3. The City covenants and agrees that pursuant to Sections 25 through 27 of the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien upon the Project and the extensions, add itions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal , interest and Administrative Surcharge on the Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the Project, or any sub stantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the distribution of water for municipal, industrial, and domestic purposes within the City. 10.4. The City covenants and agrees with the District and other owners of the Revenue Bond that it will maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond remains outstanding; that it will maintain insurance on the System for the benefit of the holders of the Revenue Bond in an amount which usually would be carried by private companies in a similar type of business; that it will prepare, keep and file records, statements and accounts as provided for in this Resolution and the Loan Agreement. The Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is subject to all provisions and limitations thereof pursuant to Section 19 of the Act. SECTION 11. Depositories. The Finance Officer shall cause all moneys pertaining to the Funds and Accounts to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of SDCL Ch. 4 -6A, in a deposit account or accounts, which shall be maintained separate and apart from all other accounts of the City, so long as any of the Bonds and t he interest thereon shall remain unpaid. Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits. No money shall at any time be withdrawn from such deposit accounts except for the purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided, however, that the Depreciation Fund may be invested in such securities maturing not later than ten years from the date of the investment. Income received from the deposit or investment of moneys shall be credited to the Fund or Account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys therein. 8 SECTION 12. Consent to Appointment. In the event of mismanagement of the Project, a default in the payment of the principal or interest of the Revenue Bond, or in any other condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues of the Project are dissipated, wasted or diverted from their proper application as set forth in the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers set forth therein, and in Sections 34 and 35 of the Act to operate and administer the Project, and charge and collect rates as described therein. SECTION 13. Severability. If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document. SECTION 14. Repeal of Resolution. At such time as the Project Revenue Bond is defeased or paid in full, this Resolution and the special charge or surcharge shall automatically be repealed without any further action of the City. SECTION 15. Authorization of City Officials. The Mayor, Finance Officer, City Attorney and City officials shall be and they are hereby authorized to execute and deliver for and on behalf of the City any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the actions authorized herein. SECTION 16. Effective Date. This Resolution shall take effect on the 20th day following its publication, unless suspended by a referendum. Adopted at Brookings, South Dakota, this 13th day of October, 2020. APPROVED: ___________________________ Keith Corbett, Mayor (SEAL) Attest: ______________________________ Bonnie Foster, City Clerk Published: ________________ Effective: ________________ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-083,Version:1 Public Hearing and Action on Resolution 20-083, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor Operating Agreement for Gonz Productions, Inc., dba Main Street Pub, Garner Hansen, owner, 408 Main St.: legal description: Block 7, Lot 5, Original Plat Addition. Summary: The City of Brookings has received an application to transfer of an On-Sale Liquor Operating Agreement from Old Market Eatery, LLC, Jesse Lee, owner, 424 5th Street (legal description: Block 7, all of lots 15, 16, 17, 18, Original Plat Addition) to Gonz Productions, Inc., dba Main Street Pub, Garner Hansen, owner, 408 Main St. (legal description: Block 7, Lot 5, Original Plat Addition). All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective upon SD State Department of Revenue final action and license issuance, then subject to an annual renewal. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Notice of Public Hearing City Code and SDCL References Location Map City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: October 13, 2020 Subject: On-Sale Liquor Operating Agreement Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application to transfer an On-Sale Liquor Operating Agreement from Old Market Eatery, LLC, Jesse Lee, owner, 424 5th Street (legal description: Block 7, all of lots 15, 16, 17, 18, Original Plat Addition) to Gonz Productions, Inc., dba Main Street Pub, Garner Hansen, owner, 408 Main St. (legal description: Block 7, Lot 5, Original Plat Addition). All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective upon SD State Department of Revenue final action and license issuance, then subject to an annual renewal. Item Details: City Code Chapter 6, Article 2, Section 6-42 pertaining to Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements, including transfers, and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business : on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: including the hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Legal Consideration: None Strategic Plan Consideration: None Financial Consideration: This license would be effective upon state approval, and subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do Nothing Staff recommends approval. Supporting Documentation: Resolution Operating Agreement Notice of Public Hearing City Code and SDCL References Location Map Resolution 20-083 Gonz Productions, Inc., dba Main Street Pub On-Sale Liquor Operating Agreement Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Mana gement Agreement for Liquor between the City of Brookings and Gonz Productions, Inc., dba Main Street Pub, Garner Hansen, owner, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 408 Main Avenue: legal description: Block 7, Lot 5, Original Plat Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 13th day of October, 2020. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT Gonz Productions, Inc., dba Main Street Pub 10-year Agreement THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Garner Hansen, owner, Gonz Productions, Inc., dba Main Street Pub, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. 2. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. 3. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Block 7, Lot 5, Original Plat Addition, City of Brookings, Brookings County, South Dakota 4. The Manager shall dispense only alcoholic beverages supplied by the Municipal off -sale establishment. 5. This Agreement shall be in full force and effect for a period of five (5) years with the Manager having the option and privilege of one five (5) year extension, subject to the approval of the governing body of the City of Brookings. 6. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal off -sale establishment to be sold on the premises of Manager. 7. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. 8. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. 9. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. 10. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the an nual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. 11. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. 12. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. 13. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. 14. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. 15. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. 16. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. 17. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manage r relating to the on-sale establishment. 18. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. 19. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 13th day of October, 2020. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: Paul Briseno, City Manager ATTEST: Bonnie Foster, City Clerk MANAGER By: Operating Agreement / Business Owner Representative NOTICE OF PUBLIC HEARING On-Sale Liquor Operating Agreement Transfer NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on October 13, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Sale Liquor Operating Agreement from Old Market Eatery, LLC, Jesse Lee, owner, 424 5th Street (legal description: Block 7, all of lots 15, 16, 17, 18, Original Plat Addition) to Gonz Productions, Inc., dba Main Street Pub, Garner Hansen, owner, 408 Main St. (legal description: Block 7, Lot 5, Original Plat Addition). At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 2nd day of October, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . Listed below is specific information related to on-sale alcohol license requests. City Code: Chapter 6, Article 2, Section 6-42 pertaining to Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements, including transfers, and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business : on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or othe r stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location : The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: including the hours that business is conducted shall be considered by the city council in its review of applications for on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. SD Codified Law References: SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. SDCL 35-2-3. Hearing required before issuance of retail license. No license for a retail on-sale or off-sale alcoholic beverage license may be issued to an applicant until a public hearing is conducted pursuant to §§ 35-2-4 and 35-2-5. Source: SL 1949, ch 17, § 1; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 142; SL 2018, ch 213, § 15. SDCL 35-2-5. Time and place of hearing on retail license--Publication of notice. The governing body of any incorporated municipality or county being presented applications for retail on-sale or off-sale alcoholic beverage licenses shall fix the time and place for hearing upon all applications that come before the body. The finance officer or county auditor shall publish one notice in the official newspaper of the municipality or county. The notice shall be headed "Notice of Hearing Upon Applications for Sale of Alcoholic Beverages," shall state the time and place when and where the applications will be considered, and shall state that any person interested in the approval or rejection of any application may appear and be heard. The notice shall be published at least one week before the hearing. At the hearing, the body shall consider each application and any objection to the application before making a final decision on an application. Source: SL 1949, ch 17, § 2; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 144; SL 2018, ch 213, § 17. SDCL 35-2-6.2. Character requirements for licensees. Any licensee under this title shall be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers of the corporation shall meet the same qualifications. Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26, 35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22. B rook ings County, SD Developed by Par cel ID 404050070000500 Sec/T wp/Rng -- Pr oper ty Address 408 MAIN AVE BROOKINGS A lter nate ID n/a Cla ss NADC A cr eage n/a Owner Addr ess HANSEN, GARNER 27119 474TH AVE HARRISBURG SD 57052 Distr ict 4001 Br ief T ax Descr iption O RIGINAL PL AT ADDN, L OT 5, BL K 7 25 X 165 (Note: Not to be used on leg a l documents) Date created: 10/5/2020 Last Data Uploa ded: 10/5/2020 8:04:27 AM 236 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0432,Version:1 COVID-19 Update. Summary: City Manager Paul Briseno will provide a regular update on COVID-19 to the City Council and members of the public. Background: 7/14/2020 City Council Minutes excerpt: “Council Items for Future Discussion. A motion was made by Council Member Brink, seconded by Council Member Bacon, that a standing item to discuss the current status of COVID-19 be added to future City Council Agendas. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.” City of Brookings Printed on 10/8/2020Page 1 of 1 powered by Legistar™