HomeMy WebLinkAbout2021_04_27 CC PKTCity Council
City of Brookings
Meeting Agenda - Final
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, April 27, 2021
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.
Action to approve the March 23 and April 20, 2021 City Council minutes.ID 21-01603.B.
3/23/2021 Minutes
4/20/2021 Minutes
Attachments:
Action on appointments to City Boards, Committees and Commissions.ID 21-01963.C.
Page 1 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
Action to abate property taxes in the amount of $1,246.38 for Parcel
#40180-00900-002-00, Verhoek Investments, LLC, Chad Verhoek, owner.
Legal description: Lot 2, Block 9, Freeland Addition.
ID 21-01983.D.
Abatement Application
Location Map
Attachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
Recognition of Mayor Keith W. Corbett.ID 21-02105.A.
Presentation: South Dakota Resilient CommunitiesID 21-02135.B.
SD Resilient CommunitiesAttachments:
Presentation: Brookings Insights Performance Management SystemID 21-02145.C.
5.D. SDSU Student Association Report.
5.E. 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.
Action to remove Resolution 21-024 from the Table. Discussion and
Possible Action on Resolution 21-024, a Resolution Replacing the
Mandatory Provisions set forth in Emergency Ordinance 21-013 with
Recommendations to Address a Public Health Crisis and Slow the Spread
of Coronavirus (COVID-19) in the City of Brookings, South Dakota.
RES 21-0246.
Memo
Resolution
Memo - 3.23.2021
Resolution - 3.23.2021
Attachments:
Action: Motion to Remove from the Table, Roll Call
Action: Motion to Approve, Request Public Comment, Roll Call
7. Contracts/Change Orders:
Page 2 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
Action on Resolution 21-037, a Resolution Rejecting Bids on
2021-01SWR, Sidewalk Maintenance Project.
RES 21-0377.A.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-038, a Resolution Rejecting Bids on 2021-05STI,
Concrete Maintenance Project.
RES 21-0387.B.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-036, a Resolution Awarding Bids on Project
2021-08STI Street Maintenance and Overlay Project.
RES 21-0367.C.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-040, a Resolution Awarding Bids on Airport
Pavement Maintenance / Rehabilitation Project, AIP
#3-46-0005-034-2021.
RES 21-0407.D.
Memo
Resolution
Map
Letter of Recommendation
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
8. 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.
Page 3 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
Introduction and First Reading on Ordinance 21-015, an Ordinance
rezoning 21625 471st Avenue, from a Joint Jurisdiction Agriculture (JJ-A)
District and Joint Jurisdiction Residence (JJ-R1B) Single-family District to
a Joint Jurisdiction Business (JJ-B3) Heavy District. Public Hearing: May
11, 2021.
ORD 21-0158.A.
Memo
Ordinance
Notice
Joint Planning Commission Minutes
County Staff Report
Application
Aerial and Zoning Map
Future Land Use Map
Development Suitability Map
JJ-B3 District
Attachments:
Introduction and First Reading on Ordinance 21-016, an Ordinance
amending Chapter 51, Subdivision Regulations, Pertaining to Section
51-42, 51-64, and 51-65. Public Hearing: May 11, 2021.
ORD 21-0168.B.
Memo
Ordinance - Marked
Notice
Planning Commission Minutes
Attachments:
Introduction and First Reading on Ordinance 21-017, an Ordinance
repealing Section 94-165 - SDSU Campus Edge Neighborhood Design
Review Overlay District and replacing it with Commercial Corridor Design
Review Overlay District. Public Hearing: May 11, 2021.
ORD 21-0178.C.
Memo
Notice
Planning Commission Minutes
Boundary Map
Attachments:
9. Public Hearings and Second Readings:
Page 4 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
Second Reading and Action on Ordinance 21-008, an Ordinance
Authorizing Supplemental Appropriation #3 to the 2021 Budget - Parts 1,2
& 3.
ORD 21-0089.A.
Memo
Ordinance
Resolution 20-009
Resolution 20-014
Picture - Fire Truck
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Public Hearing and Action on Ordinance 21-009, an Ordinance Amending
Article II of Chapter 22 of the Code of Ordinances of the City of Brookings
and pertaining to the Adoption of the 2018 International Building Code, the
2018 International Residential Code, the 2018 International Mechanical
Code, the 2018 International Fire Code, and the 2018 International Existing
Building Code with certain Amendments thereto.
ORD 21-0099.B.
Memo
Ordinance - clean
Ordinance - marked
Public Notice
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Public Hearing and Action on a Temporary Alcohol Application from the
Brookings Cubs Baseball Group for a temporary alcohol license to operate
within the City of Brookings, South Dakota for the Brookings Cubs
Baseball Game Season to be held on at Bob Shelden Field, 530 Elm
Avenue.
ID 21-01979.C.
Memo
Legal Notice
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Page 5 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
Public Hearing and Action on Resolution 21-035, a Resolution authorizing
the City Manager to enter into an Operating Agreement for an On-Sale
Liquor Operating Agreement for Fergen Enterprises, Inc., dba Ray’s
Corner, Mike Fergen, owner, 401 Main St. (Legal description change)
Legal description: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat
Addition.
RES 21-0359.D.
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
Public Hearing and Action on a request for an On-Off Sale Malt License,
with video lottery, for Fergen Enterprises, Inc., dba Ray’s Corner, Mike
Fergen, owner, 401 Main Ave., Suite B, legal description: East 119 feet of
Lot 1, Lot 2, Block 6, Original Plat Addition, Suite B. Pending permit
issuance and final inspection per the Community Development Dept.
ID 21-01939.E.
Memo
City Attorney Opinion on AR 48.02.11.02
Legal Notice
Proposed Building Plan
Location Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Public Hearing and Action on a request for Video Lottery for Fergen
Enterprises, Inc., dba Ray’s Corner, Mike Fergen, owner, 401 Main
Avenue. Legal description: East 119 feet of Lot 1, Lot 2, Block 6, Original
Plat Addition, Suite B. Pending permit issuance and final inspection per
the Community Development Dept.
ID 21-01959.F.
Memo
City Attorney Memo on Video Lottery - 2018.05.02
City Attorney Opinion on AR 48.02.11.02
Video Lottery - State Statues and Admin Rule
Legal Notice
Location Map
Proposed Building Plan
Current Video Lottery List
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Page 6 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
Public Hearing and Action on Resolution 21-032, a Resolution amending
the 2040 Comprehensive Plan's Future Land Use Map.
RES 21-0329.G.
Memo
Resolution
Notice
Planning Commission Minutes
Aerial Map
Future Land Use Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Other Business:
Action on a Preliminary Plat for Lots 1-7, Block 1 in Moriarty Square
Addition.
ID 21-004110.A.
Memo
Notice
Planning Commission Minutes
Preliminary Plat
Aerial Map
Zoning map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-033, a Resolution Adopting the Brookings Historic
Preservation Plan.
RES 21-03310.B.
Memo
Resolution
Historic Preservation Plan
Implementation Matrix
Final Existing Conditions Report
Historic Preservation Commission Minutes
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-028, a Resolution authorizing the Modification of
the Interest Rate on the Certificates of Participation (Brookings Health
System Project), Series 2013 and Certificate of Participation (Brookings
Health System Project), Series 2015B.
RES 21-02810.C.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 7 City of Brookings
April 27, 2021City Council Meeting Agenda - Final
COVID-19 Update.ID 21-021211.
City of Brookings Progress Report.ID 21-021112.
13. 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.
14. 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
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.
Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx
), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the
City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you.
Page 8 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 21-0160,Version:1
Action to approve the March 23 and April 20, 2021 City Council minutes.
Attachments:
03/23/2021 Minutes
04/20/2021 Minutes
City of Brookings Printed on 4/21/2021Page 1 of 1
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Brookings City Council
March 23, 2021 (unapproved)
The Brookings City Council held a meeting on Tuesday, March 23, 2021 at 6:00 PM, at
the City & County Government Building Chambers with the following City Council
members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink,
Joey Collins, Oepke Niemeyer, Holly Tilton Byrne, and Nick Wendell. City Attorney
Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also
present.
6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Council Member Wendell, seconded by
Council Member Niemeyer, 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 March 9 and March 16, 2021 City Council Minutes.
3.C. Action on Resolution 21-023, a Resolution declaring surplus property for
the City of Brookings.
Resolution 21-023 - 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.: Firearms: .22CAL Browning Pistol Serial #655NM02422; .38 Special
Smith & Wesson Serial #178017; .GMBH .22 CAL Rohm Revolver Serial #1B350151;
9MM Browning Pistol Serial #76C33115; .22 CAL Western Field Rifle; Model 60 .22CAL
Glenfield Rifle Serial #25342751; Model 60 .22CAL Marlin Rifle Serial #189096; Model
60 .22CAL Glenfield Rifle Serial #21505013; Golden 39-A .22 CAL Marlin Rifle Serial
#T1841; Model 03-A3 US Smith-Corona Rifle Serial #4748040; Model 2218 Smith &
Wesson Pistol Serial #UAB2285; .32CAL Colt Pistol Serial #92617; Model 290 .22CAL
Winchester Rifle Serial #106105; Model 60 .22CAL Marlin Rifle Serial #17342896; 870
Express 12G Remington Shotgun Serial #B254034M; Model 1100 12G Remington
Shogun Serial #364582M; 12G Browning Shotgun Serial #A36950; 12G Mastermag
Shotgun Serial #329213; Express 30 Springfield Rifle Serial #11151; 870 Express 12G
Remington Shotgun Serial #ABG303294M; 870 Express 12G Remington Shotgun
Serial #C399284M; 870 Express 12G Remington Shotgun Serial #AB303242M; 870
Express 12G Remington Shotgun Serial #X301761M; 870 Express 12G Remington
Shotgun Serial #AB303260M; 870 Express 12G Remington Shotgun Serial
#AB303252M; 870 Express 12G Remington Shotgun Serial #B626526M; 870 Express
12G Remington Shotgun Serial #AB303292M; 870 Express 12G Remington Shotgun
Serial #AB303250M; 92 Beretta 9MM Serial #1700552; 12G Browning Shotgun Serial
#1801617; 12g Stevens Shotgun Serial #24940; .22 Speedmaster Remmington Rifle
Serial #A1732560; .22LR Ruger Rifle Serial #11214872; .22 LR Marlin Rifle Serial
#18446578; Forehand H&A Shotgun Serial #132464; Springfield Shotgun Serial
#78803; 12g Remmington Shotgun Serial #W38347 M; 12g Remmington Shotgun Serial
#19306; .32al LorcinHandgun Serial #2893; .38 Special Smith and Wesson Handgun
Serial #576897; Excel Shotgun Serial #32287XG; .25cal Colt Handgun Serial #320419;
.38 Special Taurus Handgun Serial #764012; .32cal Smith and W esson Handgun Serial
#203427; .410g Snakecharger Shotgun Serial #H316172; .45cal Hi Point Handgun
Serial #325964; .410 cal Coast to Coast Shotgun Serial #H316172; 12g Browning
Shotgun Serial #A12263; 12g Beretta Shotgun Serial #T38766E; Model 325A 30 -30
Stevens Rifle; Mossberg Barrel; Shotgun Barrel; Double Action No 6 H&A Handgun
Serial #7754; 9mm Smith and Wesson Handgun Serial #TDD7399; 9mm Hi point
Handgun Serial #19806; .32cal C>m. Marlin Handgun Serial #278; .22cal Iver Johnson
Handgun Serial AE74524; .45cal Cattleman Handgun Serial #K3126; .22 semi auto
Jennings Handgun Serial #579963; .40 cal Smith and Wesson Handgun Serial
#TFH4648; .38 cal Revolver Serial #V006572; .32cal H&A Handgun Serial #31449;
.25cal Raven Handgun Serial #1441830; and Model 583.18 JC Higgins Shotgun.
Miscellaneous items: 7 – wheeled duffle bags. The following items are to be destroyed:
7 – Protech Tactical Body Armor Vests, 2 – Point Blank Body Armor Vests, 2 –
Safariland Body Armor Vests, 1 – Guardian Technology Body Armor Vest.
Fire Dept.: Engine #1, 2001 Freightliner FL80 VIN# 1FV6JLCB71HG67132
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.
Whereas, SDCL 23A-37-10(2) moves the Court to order the sale of firearms seized by
the City of Brookings, Brookings Police Dept., because no person can be determined as
the rightful owner or claimed the property since 2006.
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.
3.D. Action on appointment to the Sustainability Council: appoint Emily Abele (term
expires 1/1/2023).
3.E. Action on Resolution 21-026, a Bridge Reinspection Program Resolution
for use with South Dakota Department of Transportation (SDDOT)
Retainer Contracts.
Resolution 21-026 - Bridge Reinspection Program Resolution for use with
South Dakota Department of Transportation (SDDOT) Retainer Contracts
Whereas, 23 CFR 650, Subpart C, requires initial inspection of all bridges and
reinspection at intervals, not to exceed two years, with the exception of reinforced
concrete box culverts that meet specific criteria. These culverts are reinspected at
intervals not to exceed four years.
Therefore, the City of Brookings is desirous of participating in the Bridge Inspection
Program using Bridge Replacement Funds.
The City of Brookings requests SDDOT to hire Civil Design Inc. for the inspection work.
SDDOT will secure Federal approvals, make payments to the Consulting Engineer for
inspection services rendered, and bill the City for 20% of the cost. The City of
Brookings will be responsible for the required 20% matching funds.
3.F. Action on Resolution 21-027, a Resolution in Support of Recreational Trails
Fund Grant Application.
Resolution 21-027 - Resolution in Support of
Recreational Trails Fund Grant Application
Whereas, the United States of America and the State of South Dakota have authorized
the making of grants from the Recreational Trails Fund (LWCF) to public bodies to aid in
financing the acquisition and/or construction of specific public trail projects; and
Whereas, the Parks, Recreation and Forestry Director, is hereby authorized and
directed to furnish such information as the above mentioned federal and/or state
agencies may reasonably request in connection with the application which is hereby
authorized to be filed; and
Whereas, the City of Brookings shall provide a minimum of 20% of the total cost of the
project; and will assume all responsibility in the operation and maintenance of the
project upon completion of construction, for the reasonable life expe ctancy of the trail.
Now, Therefore, Be It Resolved that the Parks, Recreation and Forestry Director is
hereby authorized to execute and file an application on behalf of the City of Brookings
with the National Park Service, U.S. Department of the Interior, through the State of
South Dakota Department of Game, Fish and Parks, Division of Parks and Recreation,
for an RTF grant to aid in financing and establishment of a trail connection to the Allen
Frerichs Trail, west of Medary Ave and along the south side of the Prairie Hills
development for the City of Brookings, South Dakota and its Environs.
3.G. Action to abate property taxes in the amount of $1,398.91 for Parcel
#40991-40005-000-20, Madison Air Craft, LLC, Chris Funk, owner. Legal
description: Airport Hangar on Leased Site Lot U-1 at the Brookings
Regional Airport.
Retirement Recognition. Todd Langland was recognized for 35 years of service to the
City of Brookings. Todd was hired February 1986 as an Accounting Assistant in the
Finance Department, and moved to the Landfill in September 1993. In May 2012, Todd
was appointed as Director of Solid Waste Management.
Proclamation. Mayor Corbett Presented a Proclamation recognizing the month of May
as Child Abuse Prevention Month. Christine Krogman, Carleen Holm, Deb Riley
accepted the Proclamation on behalf of the Brookings County Child Protection Officers.
Mayoral Proclamation
City of Brookings, South Dakota
Whereas, children are vital to our state's future success, prosperity, an d quality of life
as well as being our most vulnerable assets; and
Whereas, all children deserve to have the safe, stable, nurturing homes and
communities they need to foster their healthy growth and development; and
Whereas, one in four women and one in six men were sexually abused before the age
of 18; and
Whereas, child abuse and neglect is a community responsibility affecting both the
current and future quality of life of a community; and
Whereas, communities that provide parents with support, knowledge, and concrete
resources they need to cope with stress and nurture their children ensure all children
grow to their full potential; and
Whereas, child abuse prevention strategies succeed because of partnerships created
among citizens, organizations, schools, faith communities, health care providers, law
enforcement, and the business community.
Now, Therefore, I, Keith W. Corbett, Mayor of the City of Brookings, South Dakota, do
hereby proclaim April as: Child Abuse Prevention Month, and call upon all of Brookings
to increase our efforts to support families, thereby preventing the serious issue of child
abuse and strengthening our community.
Proclamation. Mayor Corbett presented a proclamation recognizing March as
Developmental Disabilities Awareness Month. Brianna Doran, Matt Weiss, and Mark
Sternhagen accepted the Proclamation on behalf of the Brookings Disabilities
Awareness Committee.
Mayoral Proclamation
City of Brookings, South Dakota
Whereas, individuals whose disabilities occur during their developmental years
frequently have severe disabilities that are likely to continue indefinitely; and
Whereas, disability is a natural part of the human experience that does not diminish
the right of individuals to enjoy self -determination and experience full inclusion in the
economic, political, social, cultural, and educational mainstream; and
Whereas, family, friends, and the community can play an important role in enhancing
the lives of individuals with disabilities, especially when provided with necessary
services and supports; and
Whereas, the goals of the nation, state and community properly include providing
individuals with disabilities the opportunities and support to achieve full integration in
society, in an individualized manner, consistent with unique strengths, resources,
priorities, concerns, abilities, and capabilities of each individual; and
Whereas, through increased awareness of programs and activities, the public will
better understand the potential and needs of individuals with disabilities.
Now, Therefore, I, Keith W. Corbett, Mayor of the City of Brookings, South Dakota, do
hereby proclaim March 2021 as Developmental Disabilities Awareness Month, and call
upon the people of Brookings to join their fellow citizens and community
organizations in recognizing this special observance.
SDSU Report. Emily Tomms, Senator At-Large for the SDSU Students Association,
provided an update on SDSU happenings to the City Council and public.
TID #8 Developer’s Agreement Amendment. A motion was made by Council
Member Brink, seconded by Council Member Collins, that an Amendment to the
Developer’s Agreement associated with Tax Increment District #8, be approved. Public
Comment: Dr. Rick Hieb. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins .
AMENDMENT TO DEVELOPER’S AGREEMENT
The City of Brookings and PEM Affordable Housing LLC entered into a Developer’s
Agreement on August 28, 2018 as part of Tax Increment District Number Eight. The
Developer’s Agreement contained certain terms on the development in exchange for tax
increment funds used for infrastructure abutting and serving affordable housing lots.
The parties now desire to modify Sections 3 and 4 of said Developer’s Agreement as
follows:
Section 3. Maximum Price of Developed Parcels. The Developer agrees to sell forty-
two (42) development ready residential lots, of which thirty-two (32) of the residential
lots will be sold to Inter-Lakes Community Action Partnership (ICAP) at a per lot cost not
to exceed twenty-nine thousand dollars ($29,000). The remaining ten (10) buildable
residential lots shall be made available to ICAP or Habitat for Humanity at a per lot cost
not exceeding twenty-nine thousand dollars ($29,000). Should ICAP and/or Habitat for
Humanity be unable to acquire such residential lot(s), the Developer may make the
remaining unimproved residential lots available on the private market for residential
development provided the Developer limits the selling price of a complete home and lot
in an amount not to exceed $200,160 through December 31, 2018. The selling price
after December 31, 2018 shall not exceed eighty percent (80%) of the South Dakota
Housing Development Authority First-Time Homebuyer Purchase Limits. There shall be
no special assessments levied against any parcel within TIF District #8 for the provision
of infrastructure with the initial sale.
Section 4. Covenants to run with the land. As a condition of providing the tax
increment fund proceeds, the Developer covenants and agrees to provide affordable
housing consisting of not less than forty-two (42) single-family residential lots, of which
thirty-two (32) single-family residential lots with a maximum lots sales price of $29,000
per lot shall be available to Inter-Lakes Community Action Partnership (ICAP) for the
Mutual Self-Help Program for construction in the subdivision of affordable housing units.
The remaining 10 single-family residential lots will be available to ICAP, Habitat for
Humanity, or a private contractor or contractors with a combined maximum sales price
of each residential lot and residence not to exceed $200,160, which is eight percent
(80%) of the South Dakota Housing Development Authority First-Time Homebuyer
Program purchase limits for Brookings County as of the date of this agreement. The
selling price after December 31, 2018 shall not exceed eighty percent (80%) of the
South Dakota Housing Development Authority First-Time Homebuyer Purchase Limits.
This agreement shall be recorded in the office of the Brookings County Register of
Deeds as evidence of the Developer’s Covenants under this Section.
FIRST READING – Ordinance 21-008. An introduction and first reading was held on
Ordinance 21-008, an Ordinance Authorizing Supplemental Appropriation #3 to the
2021 Budget - Parts 1,2 & 3. Second Reading: April 27, 2021.
FIRST READING – Ordinance 21-009. An introduction and first reading was held on
Ordinance 21-009, an Ordinance Amending Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings and pertaining to the Adoption of the 2018
International Building Code, the 2018 International Residential Code, the 2018
International Mechanical Code, the 2018 International Fire Code, and the 2018
International Existing Building Code with certain Amendments thereto. Public Hearing:
April 27, 2021.
Resolution 21-024. A motion was made by Council Member Wendell, seconded by
Council Member Niemeyer, to remove Resolution 21-024 from the Table. The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, and Collins.
A motion was made by Council Member Collins, seconded by Council Member Brink, to
approve Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth
in Emergency Ordinance 21-001 with Recommendations to Address a Public Health
Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings. Public
Comment: Jeanette Gibbons, Bradley Walker, Cole Sartell, Dr. Rick Hieb, and Patty
Dexter.
A motion was made by Council Member Tilton Byrne, seconded by Council
Member Niemeyer, that Resolution 21-024 be tabled to the April 27, 2021 City Council
Meeting. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink,
Bacon, Wendell, and Tilton Byrne; No: 1 – Collins.
Ordinance 21-012. A second reading was held on Ordinance 21-012, an Emergency
Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively
Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures
which are Necessary for the Immediate Preservation of the Public Health, Safety and
Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus
(COVID-19) in the City of Brookings, South Dakota. Ordinance 21 -012 died for a lack of
motion.
Ordinance 21-013. A motion was made by Council Member Niemeyer, seconded by
Council Member Wendell, that Ordinance 21-013, an Emergency Ordinance Amending
Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to
Address a Public Health Crisis and to Revise Certain Measures which are Ne cessary
for the Immediate Preservation of the Public Health, Safety and Welfare of the City
and are Necessary to Slow the Community Spread of Coronavirus (COVID -19) in the
City of Brookings, South Dakota, be approved. Public Comment: Josephine Waldner,
Dianne Nagy, Mary Schwader, Barbara Nelson, and Katie Miller. The motion carried by
the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and
Collins.
(Council Member Brink left the meeting at 7:24 p.m.)
Ordinance 21-004. A public hearing was held on the reconsideration of Ordinance 21-
004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the
City of Brookings and Pertaining to Speed Zones in the City of Brookings, South
Dakota. A motion was made by Council Member Collins, seconded by Council Member
Niemeyer, that Ordinance 21-004 be approved. Public Comment: Paul Olson. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Bacon, Wendell, Tilton
Byrne, and Collins; Absent: 1 – Brink.
Ordinance 21-006. A public Hearing was held on Ordinance 21-006, an Ordinance to
Rezone Aldrichs Addition, legal description: West 60-feet of the East 120-feet, also
known as 1402 6th Street, and Aldrichs Addition, legal description: East 60-feet, also
known as 1404 6th Street, from Business B-2A Office District to Business B-2 District. A
motion was made by Council Member Collins, seconded by Council Member Niemeyer,
that Ordinance 21-006 be approved. Public Comment: Jay Larsen. The motion carried
by the following vote: Yes: 6 - Corbett, Niemeyer, Bacon, Wendell, Tilton Byrne, and
Collins; Absent: 1 – Brink.
Ordinance 21-007. A public hearing was held on Ordinance 21-007, an Ordinance to
Rezone Lot 1 and 2, Block 2, Telkamp Industrial Addition from I-1R to I-1. A motion
was made by Council Member Niemeyer, seconded by Council Member Wendell, that
Ordinance 21-007 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Bacon, Wendell, Tilton Byrne, and Collins ; Absent: 1 – Brink.
On-Off Malt License, with Video Lottery. A public hearing was held on a request for
an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn
Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5-
7, Block 11, Second Addition, Suite B. A motion was made by Council Member
Wendell, seconded by Council Member Collins, that the On-Off Malt License be
approved. The motion failed by the following vote: Yes: 2 - Wendell, and Tilton Byrne;
No: 4 - Corbett, Niemeyer, Bacon, and Collins; Absent: 1 – Brink.
Resolution 21-025. A motion was made by Council Member Niemeyer, seconded by
Council Member Wendell, that Resolution 21-025, a Resolution Vacating Lot H-1 in SE
¼ of Section 36, Township 110 North, Range 50 West, be approved. The motion
carried by the following vote: Yes: 6 - Corbett, Niemeyer, Bacon, Wendell, Tilton Byrne,
and Collins; Absent: 1 - Brink.
Resolution 21-025 - A Resolution to Vacate Lot H-1 in SE1/4 of S36-T110N-R50W
Whereas, a Petition for Vacation of Lot H-1 in the Southeast Quarter (SE¼) of Section
Thirty-six (36), Township One Hundred Ten (110) North, Range Fifty (50) West of the
5th P.M., City of Brookings, County of Brookings, State of South Dakota has been filed,
the purpose of which is to request that Lot H-1 be vacated because the Lot which is the
subject of the Petition has never been used for street or highway purposes, and is not
required for public transportation, street or highway purposes. The area of Lot H-1 is
approximately .25 acres in size, and was originally conveyed to the City for highway
purposes. The area is more suitable for residential and utility easement purposes. The
real property proposed to be vacated is described as follows: Lot H-1 in the Southeast
Quarter (SE¼) of Section Thirty-six (36), Township One Hundred Ten (110) North,
Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of
South Dakota; and
Whereas, the Deed currently held by the City, considered as a whole, contains a
reversionary clause which indicates that the City only possesses an easement for
highway purposes which is subject to reversion if the property is not used for highway
purposes. The Deed was obtained nearly 40 years ago, and no use as a highway has
been necessary or is now required. Therefore, this parcel is suitable for reversion to the
owner of the underlying property, which is Denholm Addition, LLC; and
Whereas, Notice of Public Hearing of the aforesaid Petition for Vacation was given and
the Petition was heard and considered by the City Council on Tuesday, March 23, 2021
at 6:00 o'clock P.M., at the Chambers of the City of Brookings, and the City Council
having considered the public comment and weighed any objections to the Petition.
Now Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that the above-described Lot H-1 is not required for highway purposes and is
therefore hereby vacated, and the Mayor, City Manager and City Clerk are authorized to
convey Lot H-1 to Denholm Addition LLC, the adjoining and underlying owner, subject
to the reservation of a utility easement in the North Ten Feet (N 10') of the above -
described property.
City of Brookings 2021-2026 Strategic Plan. A motion was made by Council Member
Collins, seconded by Council Member Niemeyer, that the City of Brookings 2021-2026
City Council Strategic Plan be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 –
Brink.
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City’s activities and projects to the City Council and public.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Bacon, to enter into Executive Session at 7:59 p.m. for consulting with
legal counsel or reviewing communications from legal counsel about proposed or
pending litigation or contractual matters and for discussing marketing or pricing
strategies by a board or commission of a business owned by the state or any of its
political subdivisions, when public discussion may be harmful to the competitive position
of the business, with the City Council, City Attorney, City Manager, Assistant City
Manager, City Clerk, Jackie Lanning, City Engineer, Mike Struck, Community
Development Director, and DJ Buthe, Public Works Director, present. The motion
carried by a unanimous vote. A motion was made by Council Member Niemeyer,
seconded by Council Member Bacon, to exit Executive Session at 8:39 p.m. The
motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Niemeyer, seconded by Council
Member Bacon, that the meeting be adjourned at 8:40 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk
Brookings City Council
April 20, 2021 (unapproved)
The Brookings City Council held a Study Session on Tuesday, April 20, 2021 at 5:30
PM, at the Brookings City & County Government Center Chambers with the following
City Council members present: Mayor Keith Corbett; City Council Members Patty
Bacon, Nick Wendell, Joey Collins, Leah Brink, Holly Tilton Byrne, and Ope Niemeyer.
City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster
were also present.
Action to approve the agenda. A motion was made by Council Member Brink,
seconded by Council Member Wendell, that the agenda be approved. The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, and Collins.
Election Canvass. Bonnie Foster, City Clerk, provided Election Canvass details for
the April 13, 2021 Combined Municipal / School Board Election was held to the City
Council and members of the public.
Resolution 21-031. A motion was made by Council Member Collins, seconded by
Council Member Tilton Byrne, that Resolution 21-031, a Resolution Canvassing the
April 13, 2021 Combined Brookings Municipal / School Board Election Ballots, be
approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink,
Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-031 - Canvassing the April 13, 2021 Municipal Election
Whereas, on the 13th day of April, 2021, there was held in the City of Brookings, South
Dakota, an election for the purpose of electing a Mayor (3 -year term) and two (2) City
Council Members (3-year terms); and
Whereas, the judges and clerks of said election have returned to the City Council of the
City of Brookings the official results for the purpose of the Official Canvass; and
Whereas, the City Council on April 20, 2021 has canvassed the results for the purpose
of determining the official election outcome; and
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that the official vote at the City Election held April 13, 2021 was as follows:
(*Note: 204 School-only ballots were cast in this election.)
Swiftel Center Economic Impact Update. The Swiftel Center presented to City
Council in November 2020 an operational update as well a brief overview of the
estimated economic impact of the July 2020 Cattle Shows. Since then, the Economic
Impact Study Group made progress in exploring the direct economic impact from these
shows as well as the additional benefits that the Swiftel Center provides to the City of
Brookings and area businesses. The Economic Impact Study Group in composed by
different members of our community with the goal helping explai n and measure the
Center’s economic impact. Members included: Tom Richter, Executive Director of the
Swiftel Center, Laura Schoen Carbonneau, Executive Director of Visit Brookings, Erick
Rangel, City of Brookings Chief Financial Officer, Andrew Sloss, Brookings Economic
Development Director, Al Kurtenbach, Chair of the East Brookings Business & Industry
Association, Clint Johnson, East Brookings Business & Industry Association, and Al
Baker, retired banker.
Brookings Municipal Utilities Water System Facility Plan. Brian Bergantine, PE
and Operations Director for AE2S, and Delvin DeBoer, Phd, PE with Advanced
Engineering and Environmental Services, LLC, presented the Brookings Municipal
Utilities Water System Facility Plan to the City Council and members of the public.
Steve Meyer, Brookings Municipal Utilities Executive Vice-President and General
Manager, and Eric Witte, Brookings Municipal Utilities Water/Wastewater & Engineering
Manager, were also present.
Mayor
3-Year Term
(1)
Oepke
“Ope”
Niemeyer
Bradley
Walker
Jeff
Miller
Total
Ballots
Cast
Total
Votes
Cast
Vote Center 1 442 44 237 780 723
Vote Center 2 603 97 421 1,173 1,121
Vote Center 3 179 37 168 416 384
Vote Center 4 2 0 2 39 4
Absentee 862 56 338 1,325 1,256
Provisional Ballot 1 0 0 1 1
TOTAL 2,089 234 1,166 3,734* 3,489
City Council
3-Year Term
(2)
Isaiah
Crevier
Nate
Holden
Nick
Schmeichel
Patty
Bacon
Nick
Wendell
Total
Ballots
Cast
Total
Votes
Cast
Vote Center 1 233 84 256 357 417 780 1,347
Vote Center 2 434 124 468 487 600 1,173 2,113
Vote Center 3 175 44 178 144 180 416 721
Vote Center 4 2 0 1 2 1 39 6
Absentee 343 77 368 736 838 1,325 2,362
Provisional Ballot 0 0 0 1 1 1 2
TOTAL 1,187 329 1,271 1,727 2,037 3.734* 6,551
Brookings Urban Forestry Initiative. Dusty Rodiek, Parks, Recreation and Forestry
Department Director, provided an overview of the Brookings Urban Forestry Initiative to
the City Council and members of the public.
The Brookings Urban Forestry Initiative is a new community forestry program in 2021 to
enhance our community's trees' health, long-term sustainability, and beauty. This
program was created in cooperation with the forestry division to proactively address
current and future challenges in maintaining a healthy and diverse urban forest
environment within the City of Brookings.
The new program provides an incentive for tree planning to residents within the City of
Brookings. Approved participants will receive a reimbursement for up to $150/tree
planted with the submission of a paid receipt. (Receipt must identify the tree species
and size.) A planting/contracting reimbursement of $50/tree will be available for
residents not comfortable planting their tree. Property owners can plant a maximum of
two trees/property/year. (Trees may be planted in yards or boulevard areas.) Any trees
planted in boulevards need to be coordinated with Parks Staff. A list of approved tree
species is available at participating tree nurseries and on the city website. The initiative
is initially funded at $10,000 from the 2021 Forestry division budget. Funds are limited
and will be allocated on a first come, first served basis. Future expansion and extension
of the program will be accomplished through privately donated funds. Long term
operational cost impacts will likely be reduced with participants being responsible for
establishment care.
Brookings Community Games. Dusty Rodiek, Parks, Recreation and Forestry
Department Director, provided an overview of the Brookings Community Games to the
City Council and members of the public.
The Park and Recreation Department provides activities for residents of all ages. New
in 2021 is the introduction of “Brookings Community Games”. This is a community wide
adult (age 18 and over) recreational event created to promote fitness, teamwork,
community spirit and fun. The focus of this event is to introduce people in the Brookings
area to a multitude of recreational activities and facilities; promote the importance and
satisfaction of living a healthy lifestyle; offer friendly competition; and provide the
opportunity to meet new people while having a lot of fun!
The inaugural Community Games was originally scheduled in 2020 but was cancelled
due to COVID – 19. The Brookings Health System has agreed to be a supporting
partner for the event that will be held the weekend of June 25-27, 2021.
City Council Vacancy Process. City Council Member Vacancy - Application Process.
On May 11th, Council Member Ope "Oepke" Niemeyer will resign his position as city
council member and be sworn in as Mayor. The City Charter provides guidance with
respect to vacancies on the Council. In addition, in 2003 the City Council adopted a
policy (amended in 2010) which established more detailed procedures in the event a
vacancy occurs on the Council. Accordingly, a draft process and timeline was prepared
for the upcoming vacancy including a press release, application form. Proposed process
& timeline: April 20 - Discuss Process, April 23 - Press release advertising vacated
council seat, May 11 - receive resignation letter effective that day, May 11 - Ope
Niemeyer takes Oath of Office as Mayor, May 12 – Deadline for applications, May 18-
Applicants Provide Comments to City Council during Study Session, May 25 - Action to
appoint Council Member, June 8th - New council member takes Oath of Office. There
was consensus to proceed with the plan as proposed.
Adjourn. A motion was made by Council Member Wendell, seconded by Council
Member Brink, that this meeting be adjourned at 7:17 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 21-0196,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:
Airport Board
Number of positions:1
Term Length:5 years
Residency Requirement:City required for majority
The Airport Board gives recommendations to city staff for the management, supervision, regulations,
and care for the Brookings Regional Airport. Any rules or regulations are subject to approval of the
City Manager.
Mayor’s Recommendation
1.Reappoint Brian VanLiere
Board of Adjustment
Number of positions:1 (2nd Alternate position)
Term Length:3 years
Residency Requirement:Required or reside within Joint Jurisdictional Area
Purpose: The Board of Adjustment has the authority to act on variances or special exceptions to the
zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass.
Mayor’s Recommendation
1.Appoint Jake Russell
Library Board
Number of positions:1
Term Length:3 years
Residency Requirement:Required for majority
Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of
business and development of policies for the Brookings Public Library materials, the governance of
the library and the use of the public library services and materials.
Mayor’s Recommendation
1.Appoint Denise Hall
Park & Recreation Board
Number of positions:2
Term Length:3 years
City of Brookings Printed on 4/21/2021Page 1 of 2
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File #:ID 21-0196,Version:1
Residency Requirement:Not required
The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to
assist in fulfilling the administering of the public park system, recreation programs and city forestry
program. The Board also advises the City Council and makes recommendations on matters
regarding park capital improvements and planning.
Mayor’s Recommendation:
1.Reappoint Doug Smith
2.Reappoint Jay Larsen
Utility Board
Number of positions:1
Term Length:5 years
Residency Requirement:Required (Resident and Land Owner)
Purpose: The Utility Board is an administrative body responsible for the management and control of
the electric, water, wastewater and telephone utilities of the City of Brookings.
Mayor’s Recommendation:
1.Reappoint Tim Harvey
City of Brookings Printed on 4/21/2021Page 2 of 2
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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 21-0198,Version:1
Action to abate property taxes in the amount of $1,246.38 for Parcel #40180-00900-002-00, Verhoek
Investments, LLC, Chad Verhoek, owner. Legal description: Lot 2, Block 9, Freeland Addition.
Summary:
Chad Verhoek has applied to abate a portion of the property taxes in the amount of $1,246.38 for 305
5th Street South. Parcel #40180-00900-002-00. There was a commercial property that was split into
2 parcels in 2017, for the 2018 assessment. The parcel up for abatement is vacant and was sold to
Verhoek at that time. Seller retained other portion of split property. In creating the 2 split parcels, 2
storage garages were assessed on the incorrect parcel. The abatement amount is for taxes paid by
Verhoek in error on the garages from taxes due in 2019, 2020, and 2021.
Fiscal Impact:
The property tax revenue will be reduced by $1,246.38
Recommendation:
County Assessor recommends approval.
Attachments:
Abatement Application
Location Map
City of Brookings Printed on 4/21/2021Page 1 of 1
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B rook ings County, SD
Developed by
Par cel ID 405100030000800
Sec/T wp/Rng --
Pr oper ty Address 305 5TH ST S
BROOKINGS
A lter nate ID n/a
Cla ss NADC
A cr eage n/a
Owner Addr ess VERHOEK INVESTMENTS L L C
305 5TH ST S
BROOKINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption ROBERTS SEC OND ADDN, L OTS 8-12, BLK 3 35,000 SF
(Note: Not to be used on leg a l documents)
Date created: 4/20/2021
Last Data Uploa ded: 4/20/2021 8:06:26 AM
236 ft
Overvi ew
Legend
Addr ess Layer
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 21-0210,Version:1
Recognition of Mayor Keith W. Corbett.
Summary:
Mayor Keith W. Corbett has served the City of Brookings in various roles for a number of years.
·City Council Member: May 2010 - May 2017
·Brookings Health Systems Board of Trustees: June 2013 - June 2018
·Joint Powers Board: May 2015 - May 2016
·Brookings Municipal Utilities Board: July 2010 - June 2012
·BEDC Leaders Roundtable
·Communities of Excellence
·Mayor: May 2017 - May 2021.
Thank you Keith for your service to the City of Brookings!
City of Brookings Printed on 4/22/2021Page 1 of 1
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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 21-0213,Version:1
Presentation: South Dakota Resilient Communities
Summary:
Led by Social NET Works, a coalition of local stakeholders with representatives from healthcare,
behavioral health, government, nonprofits and education met monthly to analyze the City of
Brookings and Brookings County’s current strengths that help children and families deal with and
recover from traumatic experiences, thereby aiming to mitigate long-lasting effects, referred to as
Adverse Childhood Experiences (ACEs). The coalition identified gaps that could be filled through a
multidisciplinary approach to resource delivery. Over the last 18 months, a coalition has been built in
Brookings to protect child safety, prevent trauma, and help provide resources for healing if trauma
has occurred.
South Dakota children are facing child abuse and maltreatment at an alarming rate. Research shows
that ACEs have a direct impact on an individual’s nervous system and brain development, which
creates long-term mental and physical health issues as well as an increase in at-risk behavior. The
good news is maltreatment is preventable. Understanding the impact of ACEs and factors that
prevent and mitigate those effects can lessen the long-term harm the abuse causes. ACEs include 10
different forms of childhood maltreatment (household dysfunction, abuse and neglect) that have been
researched since 1992.
Individuals with an ACEs score of 4 or more:
·12.2% more likely to attempt suicide
·7.4 times more likely to consider themselves an alcoholic
·5.5 times more likely to report missing 14 or more days of work in a month due to mental
illness.
·4.7 times as likely to have used illicit drugs
·More than 80% of youth in the juvenile justice system export experiencing trauma
·9% of South Dakotans - 79,900 people -- report experiencing trauma
The Resilient Communities: South Dakota framework was created by the Center for the Prevention of
Child Maltreatment and its partner organizations to help address factors in communities that put
children at risk for abuse and neglect. It also creates an environment that is trauma-informed, so
community members understand the lifetime effects of experiencing childhood adversity. The
process also identifies existing resources in the community that can be used to strengthen multi-
sector collaborations and prevention efforts.
As part of the Resilient Communities sustainability plan, individuals, organizations and businesses
have been invited to take the Resiliency Motivator pledge. For more information about Social NET
Works, or the Resiliency Motivator pledge, please email socialnetworksbrookings@gmail.com
<mailto:socialnetworksbrookings@gmail.com>. You can find more information at ResilientSD.com as
City of Brookings Printed on 4/22/2021Page 1 of 2
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File #:ID 21-0213,Version:1
well. A plaque noting this designation will be placed in the Community Room of the City and County
Government Building. Honoring both the City of Brookings and Brookings County as Resilient
Communities.
Center for the Prevention of Child Maltreatment (CPCM)
The Center for the Prevention of Child Maltreatment (CPCM),www.sdcpcm.com
<http://www.sdcpcm.com> <<http://www.sdcpcm.com>>, is the first organization to join local, tribal,
state and federal efforts in the fight against child sexual abuse and other forms of maltreatment in
South Dakota. CPCM was born out of the work of Jolene’s Law Task Force, established through
SDCL 2-6-31 and its comprehensive 10-year plan to help South Dakotans know of, respond to and
prevent child sexual abuse. The center’s director is Carrie Sanderson.
Attachments:
SD Resilient Communities
City of Brookings Printed on 4/22/2021Page 2 of 2
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On behalf of Social NET Works, we would like to share some exciting news with you. Over the past 18
months, cross-sector stakeholders in Brookings County have worked through the SD Resilient
Communities Framework from the South Dakota Center for Prevention of Child Maltreatment (CPCM).
We are very excited to announce that Brookings County will be the first community in the state
recognized by CPCM as having met the criteria for a South Dakota Resilient Community.
On April 14 at 10:30 a.m., CPCM will present a "SD Resilient Communities: Brookings County"
award and also launch the program statewide. Please mark your calendar, and watch for more
details about the award ceremony that will be held in the Council Chambers and live-streamed. This
award shows that our community is exceptionally committed to increasing our ability to know about,
respond to and prevent child maltreatment.
Our work is just beginning, though, as we now begin the SUSTAIN portion of the SD Resilient
Communities framework. We invite your help to increase the resiliency of our youth and
families in Brookings County by taking the pledge and committing to becoming a Brookings
County Resiliency Motivator. All individuals, businesses and organizations who are "early adopters"
and take this pledge by April 1, 2021 will be recognized during the award ceremony and added to
the new SD Resilient Communities website when it is launched by CPCM.
Please see the next page for evidence-based reasons why preventing childhood maltreatment is in
everyone's best interest. Then, if you're ready to join the Brookings County Resiliency Motivators,
please print, sign and return the pledge form or complete it online.
As always, please contact us if you have questions or would like more information or a presentation
on SD Resilient Communities: Brookings County.
Sincerely, Social NET Works: socialnetworksbrookings@gmail.com
Chad Adamson, Mickelson Middle School Counselor
Darla Biel, Brookings County Youth Mentoring Program Executive Director
Heidi Gullickson, Brookings Area United Way Executive Director
Nikki Eining, Avera Behavioral Health of Brookings
Michelle Vande Weerd, Brookings School District Curriculum Director
PS: Upcoming quarterly Resilient Communities: Brookings County Motivator meetings are April 14
(award ceremony), May 12, Aug. 11 and Nov. 10 -- all at 10:30 a.m.
Why Prevent ACEs in
Brookings County?
CDC research identifies Adverse
Childhood Experiences as having
lasting, negative effects on health,
well-being, and opportunity. ACEs
increase the risks of injury, STDs,
maternal and child health problems,
teen pregnancy, involvement in sex
trafficking, and a wide range of
leading causes of death, such as
cancer, diabetes, heart disease, and
suicide.
ACEs directly impact
work performance
and household income.
The more adversities an
individual experiences, the
more job difficulties and
financial problems that
individual is at risk of
experiencing.
By preventing and
appropriately responding to
ACEs, we can prevent
substance abuse,
mental health difficulties,
serious job problems,
chronic health conditions
and deaths by suicide.
Sou th Dakot a children are f acin g ch i l d abuse and m altre atment at an
alarming rat e. R esearch shows us tha t Ad verse Child h ood Expe r i ences
(ACE s) have a direct impa c t on an individua l’s ne r vous s ystem, which
creat es long term he alth a n d at-risk behavi or linked consequenc es. Ther e
is h ope as child h ood maltrea tme n t IS prev entabl e; howev er,
ne i g hborh oods, systems and communities m ust work toget he r to
b uild re sil i ency opportunit i es. These resi l iency oppo r tunitie s ensur e
South Dakota child r en and families have safe, s table , and lovi n g
envi r onments in whic h t o grow and thrive. T h e SD Cen ter for Prev ention
of Child Maltrea tme nt (CPCM) h as creat ed a Res il ient Co mmuni ties : South
Dakot a p r ogra m to p r ovide co mmunities w ith g u idance a n d sup port so
that cross-sect or collaborations ca n wor k toget h er to ident ify and a mpli f y
wa ys that t hey, toget her, ca n k n ow abo u t, respond to and preve nt child
maltrea tme n t at the local levels.
On A p ril 14, 2021 at 10:30 a.m ., Brook ings Cou nt y will beco me the
first community in the stat e to be recognized by CPC M as ha ving
met the crite ria to be a
South Dako t a Resilient Com m unity.
To sustain these effo r ts wi ll ta ke everyone's supp ort and continue d
motivat i on to make Brook i ng s County y outh and fa milie s resili ent i n the
face of a dverse experie n ces. We invit e you t o take the pledge and
c ommit to j oining t he team of Br ookings County Resilienc y
M otivat ors . See the n ext p age for details and infor ma tion on how to join
these efforts to cre ate a more t r aum a-inform ed, self-he aling community .
SD RESILIENT COMMUNITIES: Brookings County Pledge and Commitment
S O U T H D A K O T A R E S I L I E N T
C O M M U N I T I E S F R A M E W O R K
SD RESILIENT COMMUNITIES: Brookings County Pledge and Commitment
B R O O K I N G S C O U N T Y
R E S I L I E N C Y M O T I V A T O R P L E D G E
I/We are ready to become part of sustaining efforts in Brookings County to become a trauma-informed, self-
healing community in order to better know about, respond to, and prevent childhood maltreatment.
I/We acknowledge that 1 in 2 individuals in Brookings County are affected by childhood maltreatment, and I
understand that adverse childhood experiences can have tremendous negative impacts on people throughout
their lifespan.
I/We acknowledge that all residents in Brookings County have rights to safety and basic needs, and that we all have
a part to play in creating resilient youth, families and individuals.
By signing this pledge and becoming a “SD Resilient Communities: Brookings County Motivator,” I acknowledge
that I and other adults in my business or organization will join multi-sector, community-wide efforts to know about,
respond to, and prevent child abuse in Brookings County. Working together, we can create a community in which
everyone can thrive.
As a Brookings County Resiliency Motivator, I/We commit to:
1. Appoint a Key Representative from my business or organization to attend quarterly SD Resilient Communities:
Brookings County meetings. Quarterly meetings will be a time to report what our environment is doing to increase
resiliency of youth and families, celebrate and highlight what is already happening in our community, increase
awareness of strategies and best practices that can help prevent adverse child experiences and trauma in our
community, and network with others in order to increase and learn about community collaborative activities
focused on prevention of childhood maltreatment
2. Require annual mandatory reporter training to staff who have direct contact with youth and families.
3. Host or send staff annually to a trauma-informed training that works best for your business or organization
(virtually, onsite, at a quarterly meeting, etc. . . . As a Brookings County Resiliency Motivator, you will receive
information about upcoming training opportunities, many of which are free.
4. Send success stories of how your business or organization is creating a more resilient community for youth and
families in Brookings County. I understand that my/our participation in Brookings County resiliency efforts and
associated success stories will be shared in the media and also on the SD Resilient Communities website.
Please take this pledge online here: https://forms.gle/LGi7qQbA77k3FRtUA or print, sign and return this page
via email to socialnetworksbrookings@gmail.com.
Printed Name: Signature: 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 #:ID 21-0214,Version:1
Presentation: Brookings Insights Performance Management System
Summary:
Brookings Insights is an organization-wide performance management system that tracks key metrics
in comparison to historical performance, national averages, and benchmarks as available. The
chosen assortment of data points aligns with state and federal reporting metrics, professional
association recommendations, and from peer communities utilizing best practices from across the
country. Reviewing and analyzing data against historical performance, national averages, and
established benchmarks highlights trends, tells the story of City operations, and sets the stage for
continuous organizational improvement.
City of Brookings Printed on 4/22/2021Page 1 of 1
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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 21-024,Version:3
Action to remove Resolution 21-024 from the Table. Discussion and Possible Action on Resolution
21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-013
with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus
(COVID-19) in the City of Brookings, South Dakota.
Summary:
March 23, 2021 City Council Meeting: “Resolution 21-024. A motion was made by Council Member
Wendell, seconded by Council Member Niemeyer, to remove Resolution 21-024 from the Table. The
motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
and Collins.
A motion was made by Council Member Collins, seconded by Council Member Brink, to approve
Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency
Ordinance 21-013 with Recommendations to Address a Public Health Crisis and Slow the Spread of
Coronavirus (COVID-19) in the City of Brookings. Public Comment: Jeanette Gibbons, Bradley
Walker, Cole Sartell, Dr. Rick Hieb, and Patty Dexter.
A motion was made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, that
Resolution 21-024 be tabled to the April 27, 2021 City Council Meeting. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; No: 1 - Collins.”
Ordinance 21-013, which currently regulates bars, restaurants, salons, retail and requires face
coverings for indoor businesses and indoor public spaces will expire April 10, 2021. At the March 9,
2021 Regular Meeting the City Council desired a potential Resolution to address COVID 19.
Attachments:
Memo
Resolution
Memo - 3.23.2021
Resolution - 3.23.2021
City of Brookings Printed on 4/22/2021Page 1 of 1
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City Council Agenda Memo
From: Paul M. Briseno, City Manager
Council Meeting: April 27, 2021
Subject: COVID 19 Resolution
Person(s) Responsible: Paul Briseno, City Manager
Summary:
The current ordinance requiring face coverings for indoor businesses and indoor public
spaces will expire on April 30, 2021. At the March 23rd meeting, the Council tabled a
potential resolution to address COVID-19. Staff recommends removing the resolution
from the table and approve the resolution with proposed revisions with a motion to
amend. This action transitions the mandate to a recommendation.
Background:
On March 23rd City Council approved an ordinance requiring face coverings for all
indoor businesses and indoor public spaces. This ordinance will expire on April 30 th.
Council tabled a resolution to the April 27th meeting.
Discussion:
Brookings County is in a substantial spread. As of April 22nd two of the three thresholds
are met with 169 active cases and 11.4% of positivity. Brookings County has 36.2% of
the total county population received at least one vaccine dose, and 44.9% of those 16
years and older in Brookings County has received at least one vaccine dose. The total
number of deaths remains at 37.
The draft resolution would transition the mask mandate to a recommendation. The
proposed resolution would:
Transition all required language surrounding masks and occupancy to
recommendations.
Upon passage the existing mask and occupancy ordinance would end.
The intention of extending the mask mandate was to protect those most vulnerable.
This population had the opportunity to become fully inoculated by the expiration of the
mandate. Staff recommends the transition of a mandate to a resolution.
Legal Consideration:
None.
Strategic Plan Consideration:
This recommendation aligns with the strategic plans #2 which provides a safe, inclusive,
and connected community.
Financial Consideration:
None.
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 removing the resolution from the table and approve the resolution
with proposed revisions with a motion to amend. This action transitions the mandate to
a recommendation.
Supporting Documentation:
Resolution
Resolution 21-024
A Resolution Replacing the Mandatory Provisions set forth in
Emergency Ordinance 21-013 21-001 with Recommendations to
Address a Public Health Crisis and Slow the Spread of Coronavirus
(COVID-19) in the City of Brookings, South Dakota.
I.
Be It Resolved and adopted by the Council of the City of Brookings, State of South
Dakota, as follows:
Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and
SDCL 9-32-1 to pass ordinances and resolutions for the purpose of promoting the
health, safety and general welfare of the community, and to do what may be
necessary for the promotion of health or the suppression of diseases; and
Whereas, COVID-19 has been confirmed in more than 100 countries, including the
United States; and
Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court
Chief Justice Roberts stated in a 2020 decision “people may be infected but
asymptomatic, [and] they may unwittingly infect others”; and
Whereas, the Centers for Disease Control and Prevention, the World Health
Organization, medical and scientific associations and physicians continue to suggest
individuals wear a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 21-001 was adopted to continue necessary procedures to slow the
rise of positive cases of COVID-19 and slow down the rate of infection, and therefore
bore a real and substantial relationship to public health because the measures were
recognized to be the best available procedures to slow the rate of transmission of
COVID-19; and
Whereas, the current rate of infections and community spread of COVID-19 in
Brookings, South Dakota, together with the increasing number of vaccinated residents
of Brookings County and within the State of South Dakota, and the reduction of
hospitalizations provide the basis for replacing the mandatory restrictions set forth in
Ordinance 21-001 with the recommendations set forth in this Resolution; and
Whereas, the intent of this Resolution is to encourage the public to continue the safety
measures provided in this Resolution which, outside of the vaccines, remain reasonable
measures available to reduce the spread of COVID-19; and
Whereas, while many States and Cities have recently revised their COVID-19
safety protocols, the City of Brookings and many States and communities across
the country continue to encourage the public to follow White House and CDC
recommendations by restricting occupancy at bars, restaurants, food courts, gyms,
and other indoor and outdoor venues where people congregate until the public
health emergency is over; and
Whereas, the failure to follow reasonable recommendations, including social
distancing would likely result in higher numbers of infected individuals and has the
potential to threaten the capacity of the City's health care providers; and
Whereas, it is important that control measures, including use of face masks in
indoor places, continue to be taken to reduce or slow down the spread of COVID -19
in order to protect the health and safety of the City's residents, especially seniors
and those with underlying health conditions that make them particularly vulnerable
to COVID-19; and
Whereas, the City of Brookings has been utilizing Ordinance 21-001 and
subsequently Ordinance 21-013 to address the COVID-19 public emergency in the
City of Brookings; and
Whereas, based on the number of cases in Brookings County, the number of
current hospitalizations in the City, and the available modeling, the City Council
believes the occupancy, social distancing and face covering restrictions set forth in
21-001 and subsequently 21-013 can be replaced with similar recommendations
which, while not mandatory, will reduce the potential for community spread of
COVID-19 cases in the City and State.
Now, Therefore, the City Council of the City of Brookings makes the following
recommendations:
1. Any businesses identified in Ordinance 20-005 may reopen or remain
open to serve patrons on-site.
2. Businesses within the City of Brookings which are open to the public
are encouraged to follow guidelines to slow the spread of COVID-19:
a) Establish a minimum six-foot distance between any tables. This
provision does not need to be observed between members of the
same household.
b) All businesses should collaborate with the City to identify their
occupancy allowance and post it in a conspicuous location outside
the building.
c) Restaurants, bars, and casinos should be limited to a maximum
capacity of one-half (½) of their maximum posted capacity.
Capacity should be posted at the front of the business.
d) All restaurants, food trucks and bars should disinfect or dispose of
all menus before and after use by each customer. Condiment
containers should be cleaned/disinfected between each group and
should not be shared among multiple groups. Salad bars and self-
service buffets are permitted, but not recommended.
e) Grocery stores, retail businesses, recreation and fitness businesses
should be limited to a maximum capacity of one-half (½) of their
maximum posted capacity. Capacity must be posted at the front of
the business.
f) Businesses should require social distance spacing while customers
or patrons are waiting for service or entry into a business. Spacing
may be accomplished by requiring people to remain in their
vehicles.
g) In retail and grocery businesses, businesses should install a
plexiglass, or similar divider where physically possible between the
cashier and customer.
h) Businesses should require employees to wash hands at regular
intervals.
i) Restaurant and bar (those businesses with an alcoholic beverage
license) staff and employees should wear masks which cover the
employee's nose and mouth.
j) In casinos, video lottery machines should be cleaned and disinfected
between each customer.
k) Staff and employees of hair salons, nail and tanning salons, spas
and barber shops should wear masks which cover their nose and
mouth during customer contact times. Customer seating should be
at least six (6) feet apart.
l) In gyms and fitness facilities, any equipment and/or exercise mats
should be cleaned or disinfected between each use.
m) Customer seating in theaters and similar businesses should be
reduced to allow for social distancing, with certain seats marked as
"not available due to social distancing guidelines" to ensure
compliance.
n) Hand sanitizer locations readily available for public use should be
made available at grocery stores and retail businesses.
o) Enhanced cleaning/disinfecting requirements should be used for
motel and hotel rooms.
p) Seating for large gatherings should be reduced to comply with a six-
foot minimum distance between attendees.
q) Businesses are encouraged to conduct daily employee screenings
for illness.
r) Businesses are encouraged to post signage outside of their facility
that encourages customers to wear face coverings and to not enter
if they are not feeling well or have COVID-19 symptoms.
s) Businesses are encouraged to develop risk mitigation strategies for
restrooms or other areas where social distancing requirements are
likely to be compromised.
t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are
encouraged to have customers wipe down their
equipment/machines before and after use. However, businesses
are recommended to ensure proper cleaning and disinfecting of
equipment and surfaces potentially touched by customers and
patrons is occurring.
u) Businesses, particularly salons, barber shops, and spas are
encouraged to provide service on an appointment-only basis to
ensure proper social distancing and hygiene practices are met.
v) Masks should be worn at city-sanctioned events. Masks which
cover a person's nose and mouth should be required for all persons
attending or working at events which require a City permit when a
minimum of six – foot distance cannot be maintained or achieved.
w) Masks should be worn when obtaining services from the healthcare
sector in settings, including but not limited to, a hospital, pharmacy,
medical clinic, laboratory, physician or dental office, veterinary clinic, or
blood bank, unless directed otherwise by an employee thereof or a
health care provider.
x) Masks should be worn while riding on public transportation or while in a
taxi, private car service, or ride-sharing vehicle.
3. The following individuals are exempt from wearing masks or other face
coverings:
a) Persons age five years or under; Children age two years and under in
particular should not wear a face covering because of the risk of
suffocation;
b) Persons with a medical condition, mental health condition, or disability
that prevents wearing a face covering. This includes persons with a
medical condition for whom wearing a face covering could obstruct
breathing or who are unconscious, incapacitated, or otherwise unable
to remove a face covering without assistance;
c) Persons who are deaf or hard of hearing, or when communicating
with a person who is deaf or hard of hearing, where the ability to see
the mouth is essential for communication;
d) Persons for whom wearing a face covering would create a risk to the
person related to their work, as determined by local, state, or federal
regulations or workplace safety guidelines;
e) Persons who are obtaining a service involving the nose or face for
which temporary removal of the face covering is necessary to
perform the service;
f) Persons who are seated at a restaurant or other establishment that
offers food or beverage service, while they are eating or drinking,
provided they maintain a 6-foot distance between individuals (not
including individuals who reside together or are seated together) with
only infrequent or incidental moments of closer proximity;
g) Athletes and participants who are engaged in an organized sports
activity that allows athletes to maintain a 6-foot distance from others
with only infrequent or incidental moments of closer proximity;
h) Persons who are engaged in an activity that a professional or
recreational association, public regulatory entity, medical association,
or other public health oriented entity has determined cannot be
safely conducted while wearing a mask or other face covering and
where other protections and precautions are established and utilized;
i) Persons attending educational institutions where the public and
private schools through 12th grade, colleges, and universities have
implemented protections to slow the spread of COVID-19;
j) Persons engaged in church and activities within religious places of
worship, including preschools, social halls and chapels within church
facilities, which may implement their own protections.
4. In addition to the specific recommendations listed above, businesses
are encouraged to operate in a manner consistent with the most recent
CDC guidelines and any applicable state regulations and the South
Dakota Governor's Executive Orders. CDC guidelines continue to
recommend use of face coverings where social distancing cannot be
maintained.
5. The City encourages all members of the public within the City of
Brookings to continue to follow the CDC guidelines and recommended
hygiene practices, including, but not limited to, engaging in social
distancing, and wearing masks when outside their homes wherever
possible.
6. Because this Resolution contains recommendations and not
mandatory COVID-19 safety measures, businesses are no longer
required to request administrative exceptions from the City to modify
the strict compliance with these recommendations. The City will no
longer require that businesses implement social distancing, or that
Business are required to comply with the recommendations set forth in
this Resolution or the CDC guidelines.
7. This Resolution contains recommendations, and while adherence to
the recommendations is requested in the public interest, there is no
penalty for any person or business who cannot or chooses not to
comply with any of the recommendations contained in this Resolution.
8. The recommendations set forth herein may not be applicable to the
following entities which have their own specific COVID-19 restrictions:
a. Health care facilities, residential care facilities, congregate care
facilities, and correctional facilities.
b. Crisis shelters, homeless shelters, and other similar institutions.
c. Any emergency facilities necessary for the response to the current
public health emergency or any other community emergency or
disaster.
d. Official meetings of the city, schools, county or state.
e. The operations and meetings of any state or federal courts.
f. Educational institutions where public and private schools through 12th
grade, colleges, and universities have implemented protections to sl ow
the spread of COVID-19.
g. Places of worship.
h. Any and all polling places, including absentee voting and Election Day
polling places, as well as all locations for processing absentee ballots
and counting ballots. All polling places for absentee and Election Day
voting shall remain open at all times.
9. This Resolution shall remain in effect for a period of sixty (60) days, at
which time it shall be automatically repealed unless specifically
readopted for an additional period of time by the City Council.
10. Enforcement – This Resolution contains only safety recommendations
to reduce the spread of COVID-19, and there will be no penalty or
enforcement actions which stem from noncompliance with the
recommendations provided in this Resolution.
11. Ordinance 21-001 as subsequently amended by Ordinance 21-013 shall
expire at the earliest date permitted by law, and until it expires, its
requirements will be considered recommendations.
12. Face Masks/Face Coverings Recommended. Within the City of
Brookings, it is recommended, but not required, that all persons except
those under the age of five (5) and those with a medical condition,
mental health condition, or disability that makes it unreasonable for the
individual to maintain a face covering, wear a face mask/face covering
in indoor businesses and indoor public places where six (6) foot social
distancing cannot be achieved or maintained. A "face covering" or
"mask" must be worn to cover the nose and mouth completely, and can
include a paper or disposable face mask, a cloth mask, a scarf, a
bandanna, or neck gaiter.
II.
Be, It Further Resolved that pursuant to SDCL 9 -19-13, this resolution is adopted to
address a public health emergency and is necessary for the immediate preservation of
the public peace, health, safety and welfare of the City and shall become effective
immediately upon passage and publication.
TABLED to the March 23, 2021 City Council Meeting: March 16, 2023
Dated this day of April, 2021
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
City Council Memo
From: Paul M. Briseno, City Manager
Council Meeting: March 16, 2021
Subject: Resolution 21-024
Person(s) Responsible: Paul Briseno, City Manager
Summary:
Ordinance 21-001, currently regulates bars, restaurants, salons, retail and requires face
coverings for indoor businesses and indoor public spaces expires April 10, 2021. At the
March 9, 2021 Regular Meeting the City Council desired a potential Resolution to
address COVID 19. At the March 16th meeting Council tabled the resolution for
discussion March 23rd. Staff recommends tabling this item until April 27th for potential
implementation.
Background:
On September 8, 2020 City Council approved an Ordinance mandating face coverings
where social distancing is not achievable for indoor businesses and public places. The
City Council renewed the existing regulation that requires bars, restaurants, casinos,
grocery, retail, and fitness businesses to operate at half capacity. Employees of certa in
businesses are required to wear face coverings at all times.
On March 9, 2021 City Council requested a Resolution for consideration at the March
16, 2021 meeting.
Discussion:
The proposed resolution would:
Transition all required language surrounding masks and occupancy to
recommendations.
The resolution expires sixty (60) days after passage.
Upon passage the existing mask and occupancy ordinance would end.
Legal Consideration:
None.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
4. Deny
5. Do nothing
Staff recommends tabling Resolution 21-014 to the April 27, 2021 City Council Meeting.
Supporting Documentation:
Resolution
Resolution 21-024
A Resolution Replacing the Mandatory Provisions set forth in
Emergency Ordinance 21-001 with Recommendations to Address a
Public Health Crisis and Slow the Spread of Coronavirus (COVID-19)
in the City of Brookings, South Dakota.
I.
Be It Resolved and adopted by the Council of the City of Brookings, State of South
Dakota, as follows:
Whereas, the City of Brookings has the authority purs uant to SDCL 9-29-1 and
SDCL 9-32-1 to pass ordinances and resolutions for the purpose of promoting the
health, safety and general welfare of the community, and to do what may be
necessary for the promotion of health or the suppression of diseases; and
Whereas, COVID-19 has been confirmed in more than 100 countries, including the
United States; and
Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court
Chief Justice Roberts stated in a 2020 decision “people may be infected but
asymptomatic, [and] they may unwittingly infect others”; and
Whereas, the Centers for Disease Control and Prevention, the World Health
Organization, medical and scientific associations and physicians continue to suggest
individuals wear a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 21-001 was adopted to continue necessary procedures to slow the
rise of positive cases of COVID-19 and slow down the rate of infection, and therefore
bore a real and substantial relationship to public health because the measures were
recognized to be the best available procedures to slow the rate of transmission of
COVID-19; and
Whereas, the current rate of infections and community spread of COVID-19 in
Brookings, South Dakota, together with the increasing number of vaccinated residents
of Brookings County and within the State of South Dakota, and the reduction of
hospitalizations provide the basis for replacing the mandatory restrictions set forth in
Ordinance 21-001 with the recommendations set forth in this Resolution; and
Whereas, the intent of this Resolution is to encourage the public to continue the safety
measures provided in this Resolution which, outside of the vaccines, remain reasonable
measures available to reduce the spread of COVID-19; and
Whereas, while many States and Cities have recently revised their C OVID-19
safety protocols, the City of Brookings and many States and communities across
the country continue to encourage the public to follow White House and CDC
recommendations by restricting occupancy at bars, restaurants, food courts, gyms,
and other indoor and outdoor venues where people congregate until the public
health emergency is over; and
Whereas, the failure to follow reasonable recommendations, including social
distancing would likely result in higher numbers of infected individuals and has the
potential to threaten the capacity of the City's health care providers; and
Whereas, it is important that control measures, including use of face masks in
indoor places, continue to be taken to reduce or slow down the spread of COVID -19
in order to protect the health and safety of the City's residents, especially seniors
and those with underlying health conditions that make them particularly vulnerable
to COVID-19; and
Whereas, the City of Brookings has been utilizing Ordinance 21-001 to address the
COVID-19 public emergency in the City of Brookings; and
Whereas, based on the number of cases in Brookings County, the number of
current hospitalizations in the City, and the available modeling, the City Council
believes the occupancy, social distancing and face covering restrictions set forth in
21-001 can be replaced with similar recommendations which, while not mandatory,
will reduce the potential for community spread of COVID-19 cases in the City and
State.
Now, Therefore, the City Council of the City of Brookings makes the following
recommendations:
1. Any businesses identified in Ordinance 20-005 may reopen or remain
open to serve patrons on-site.
2. Businesses within the City of Brookings which are open to the public
are encouraged to follow guidelines to slow the spread of COVID-19:
a) Establish a minimum six-foot distance between any tables. This
provision does not need to be observed between members of the
same household.
b) All businesses should collaborate with the City to identify their
occupancy allowance and post it in a conspicuous location outside
the building.
c) Restaurants, bars, and casinos should be limited to a maximum
capacity of one-half (½) of their maximum posted capacity.
Capacity should be posted at the front of the business.
d) All restaurants, food trucks and bars should disinfect or dispose of
all menus before and after use by each customer. Condiment
containers should be cleaned/disinfected between each group and
should not be shared among multiple groups. Salad bars and self-
service buffets are permitted, but not recommended.
e) Grocery stores, retail businesses, recreation and fitness businesses
should be limited to a maximum capacity of one-half (½) of their
maximum posted capacity. Capacity must be posted at the front of
the business.
f) Businesses should require social distance spacing while customers
or patrons are waiting for service or entry into a business. Spacing
may be accomplished by requiring people to remain in their
vehicles.
g) In retail and grocery businesses, businesses should install a
plexiglass, or similar divider where physically possible between the
cashier and customer.
h) Businesses should require employees to wash hands at regular
intervals.
i) Restaurant and bar (those businesses with an alcoholic beverage
license) staff and employees should wear masks which cover the
employee's nose and mouth.
j) In casinos, video lottery machines should be cleaned and disinfected
between each customer.
k) Staff and employees of hair salons, nail and tanning salons, spas
and barber shops should wear masks which cover their nose and
mouth during customer contact times. Customer seating should be
at least six (6) feet apart.
l) In gyms and fitness facilities, any equipment and/or exercise mats
should be cleaned or disinfected between each use.
m) Customer seating in theaters and similar businesses should be
reduced to allow for social distancing, with certain seats marked as
"not available due to social distancing guidelines" to ensure
compliance.
n) Hand sanitizer locations readily available for public use should be
made available at grocery stores and retail businesses.
o) Enhanced cleaning/disinfecting requirements should be used for
motel and hotel rooms.
p) Seating for large gatherings should be reduced to comply with a six-
foot minimum distance between attendees.
q) Businesses are encouraged to conduct daily employee screenings
for illness.
r) Businesses are encouraged to post signage outside of their facility
that encourages customers to wear face coverings and to not enter
if they are not feeling well or have COVID-19 symptoms.
s) Businesses are encouraged to develop risk mitigation strategies for
restrooms or other areas where social distancing requirements are
likely to be compromised.
t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are
encouraged to have customers wipe down their
equipment/machines before and after use. However, businesses
are recommended to ensure proper cleaning and disinfecting of
equipment and surfaces potentially touched by customers and
patrons is occurring.
u) Businesses, particularly salons, barber shops, and spas are
encouraged to provide service on an appointment-only basis to
ensure proper social distancing and hygiene practices are met.
v) Masks should be worn at city-sanctioned events. Masks which
cover a person's nose and mouth should be required for all persons
attending or working at events which require a City permit when a
minimum of six – foot distance cannot be maintained or achieved.
w) Masks should be worn when obtaining services from the healthcare
sector in settings, including but not limited to, a hospital, pharmacy,
medical clinic, laboratory, physician or dental office, veterinary clinic, or
blood bank, unless directed otherwise by an employee thereof or a
health care provider.
x) Masks should be worn while riding on public transportation or while in a
taxi, private car service, or ride-sharing vehicle.
3. The following individuals are exempt from wearing masks or other face
coverings:
a) Persons age five years or under; Children age two years and under in
particular should not wear a face covering because of the risk of
suffocation;
b) Persons with a medical condition, mental health condition, or disability
that prevents wearing a face covering. This includes persons with a
medical condition for whom wearing a face covering could obstruct
breathing or who are unconscious, incapacitated, or otherwise unable
to remove a face covering without assistance;
c) Persons who are deaf or hard of hearing, or when communicating with
a person who is deaf or hard of hearing, where the ability to see the
mouth is essential for communication;
d) Persons for whom wearing a face covering would create a risk to the
person related to their work, as determined by local, state, or federal
regulations or workplace safety guidelines;
e) Persons who are obtaining a service involving the nose or face for
which temporary removal of the face covering is necessary to perform
the service;
f) Persons who are seated at a restaurant or other establishment that
offers food or beverage service, while they are eating or drinking,
provided they maintain a 6-foot distance between individuals (not
including individuals who reside together or are seated together) with
only infrequent or incidental moments of closer proximity;
g) Athletes and participants who are engaged in an organized sports
activity that allows athletes to maintain a 6-foot distance from others
with only infrequent or incidental moments of closer proximity;
h) Persons who are engaged in an activity that a professional or
recreational association, public regulatory entity, medical association,
or other public health oriented entity has determined cannot be safely
conducted while wearing a mask or other face covering and where
other protections and precautions are established and utilized;
i) Persons attending educational institutions where the public and private
schools through 12th grade, colleges, and universities have
implemented protections to slow the spread of COVID-19;
j) Persons engaged in church and activities within religious places of
worship, including preschools, social halls and chapels within church
facilities, which may implement their own protections.
4. In addition to the specific recommendations listed above, businesses
are encouraged to operate in a manner consistent with the most recent
CDC guidelines and any applicable state regulations and the South
Dakota Governor's Executive Orders. CDC guidelines continue to
recommend use of face coverings where social distancing cannot be
maintained.
5. The City encourages all members of the public within the City of
Brookings to continue to follow the CDC guidelines and recommended
hygiene practices, including, but not limited to, engaging in social
distancing, and wearing masks when outside their homes wherever
possible.
6. Because this Resolution contains recommendations and not
mandatory COVID-19 safety measures, businesses are no longer
required to request administrative exceptions from the City to modify
the strict compliance with these recommendations. The City will no
longer require that businesses implement social distancing, or that
Business are required to comply with the recommendations set forth in
this Resolution or the CDC guidelines.
7. This Resolution contains recommendations, and while adherence to
the recommendations is requested in the public interest, there is no
penalty for any person or business who cannot or chooses not to
comply with any of the recommendations contained in this Resolution.
8. The recommendations set forth herein may not be applicable to the
following entities which have their own specific COVID-19 restrictions:
a. Health care facilities, residential care facilities, congregate care
facilities, and correctional facilities.
b. Crisis shelters, homeless shelters, and other similar institutions.
c. Any emergency facilities necessary for the response to the current
public health emergency or any other community emergency or
disaster.
d. Official meetings of the city, schools, county or state.
e. The operations and meetings of any state or federal courts.
f. Educational institutions where public and private schools through 12th
grade, colleges, and universities have implemented protect ions to slow
the spread of COVID-19.
g. Places of worship.
h. Any and all polling places, including absentee voting and Election Day
polling places, as well as all locations for processing absentee ballots
and counting ballots. All polling places for absentee an d Election Day
voting shall remain open at all times.
9. This Resolution shall remain in effect for a period of sixty (60) days, at
which time it shall be automatically repealed unless specifically
readopted for an additional period of time by the City Council.
10. Enforcement – This Resolution contains only safety recommendations
to reduce the spread of COVID-19, and there will be no penalty or
enforcement actions which stem from noncompliance with the
recommendations provided in this Resolution.
11. Ordinance 21-001 shall expire at the earliest date permitted by law.
12. Face Masks/Face Coverings Recommended. Within the City of
Brookings, it is recommended, but not required, that all persons except
those under the age of five (5) and those with a medical condition,
mental health condition, or disability that makes it unreasonable for the
individual to maintain a face covering, wear a face mask/face covering
in indoor businesses and indoor public places where six (6) foot social
distancing cannot be achieved or maintained. A "face covering" or
"mask" must be worn to cover the nose and mouth completely, and can
include a paper or disposable face mask, a cloth mask, a scarf, a
bandanna, or neck gaiter.
II.
Be, It Further Resolved that pursuant to SDCL 9-19-13, this resolution is adopted to
address a public health emergency and is necessary for the immediate preservation of
the public peace, health, safety and welfare of the City and shall become effective
immediately upon passage and publication.
TABLED to the March 23, 2021 City Council Meeting: March 16, 2023
Dated this _____ day of March, 2021
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
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 #:RES 21-037,Version:1
Action on Resolution 21-037, a Resolution Rejecting Bids on 2021-01SWR, Sidewalk Maintenance
Project.
Summary:
This resolution will reject the bids for the 2021-01SWR Sidewalk Maintenance Project. The low bid of
$89,580.00 from Clark Drew Construction was 66% higher than the engineer’s estimate of
$53,937.50.
Recommendation:
Staff recommends approving the resolution to reject the bids for the 2021-01SWR, Sidewalk
Maintenance Project.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 4/26/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 27, 2021
Subject: Rejection of Bids for the 2021-01SWR Sidewalk
Maintenance Project
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will reject the bids for the 2021-01SWR Sidewalk Maintenance Project.
The City received one bid for the project, which was in the amount of $89,580.00 from
Clark Drew Construction. The bid is 66% higher than the Engineering Estimate of
$53,937.50. Local contractors have indicated their schedules are very full this year,
thus reducing the number of bidders interested in this project. It is recommended that
the project be rebid at a later date for construction in 2022.
Background:
This project is part of the annual sidewalk inspection project and entails replacement of
trip hazard sidewalks. This project includes homeowner trip hazards which were not
repaired in the 2020 sidewalk area, located south of 8th Street South and west of
Medary Avenue, and property owners in the 2021 sidewalk area who volunteered to be
in the project, located east of Medary Avenue and south of the railroad tracks.
Item Details:
A bid letting was held at 1:30 PM on April 20, 2021 at the City & County Government
Center and the City received the following bid:
2021-01SWR Sidewalk Maintenance Project Clark Drew Engineer's
Construction, Inc. Estimate
Sidewalk Replacement Project $89,580.00 $53,937.50
Staff reviewed the bid prices in comparison to bids received in previous years. The
2021 bid prices were significantly higher than the 2019 bid prices for concrete sidewalk
work. The total bid of Clark Drew Construction Inc. for $89,580.00 was approximately
66% higher than the engineer’s estimate of $53,937.50.
Legal Consideration:
The sidewalk costs for this project are assessed to the property owners. The cost for
sidewalk replacement from this bid would be $21.62 per square foot of sidewalk,
whereas the previous sidewalk bids from 2019 were $10.36 per square foot. The higher
cost would place a financial burden on many property owners. Property owners also
have the option of hiring their own contractor to do the work.
Strategic Plan Consideration:
Safe Inclusive, Connected Community - This project’s primary focus is on fixing
sidewalk trip hazards throughout the community. By fixing these hazards, the City is
providing a route for citizens of all ages to recreate, travel, and enjoy the community.
The public sidewalks provide an essential system of connectivity throughout the City
that must be maintained to ensure the safety of our citizens, and this project is one of
many steps towards the goals of our strategic plan.
Financial Consideration:
The City will rebid this project at a later date for construction in 2022. It is anticipated
the work will be included in a larger project to attract more bidders.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Map
Resolution 21-037
Resolution Rejecting Bids on Project 2021-01SWR
Sidewalk Maintenance Project
Whereas, the City of Brookings opened bids for Project 2021-01SWR, Sidewalk
Maintenance Project on Tuesday, April 20, 2021 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings received the following bid for the 2021-01SWR Sidewalk
Maintenance Project: Clark Drew Construction, Inc. - $89,580.00; and
Whereas, the low bid was approximately 66% higher than the Engineer’s Estimate.
Now, Therefore, Be It Resolved that the total low bid of $89,580.00 for Clark Drew
Construction, Inc. be rejected.
Passed and approved this 27th day of April 2021.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
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 #:RES 21-038,Version:1
Action on Resolution 21-038, a Resolution Rejecting Bids on 2021-05STI, Concrete Maintenance
Project.
Summary:
This resolution will reject the bids for the 2021-05SWR Concrete Maintenance Project. The low bid
of $655,589.78 from Timmons Construction was 40% higher than the Engineer’s Estimate of
$468,505.50. The project is anticipated to be rebid at a later date.
Recommendation:
Staff recommends approving the resolution to reject the bids for the 2021-05STI Concrete
Maintenance Project.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 4/26/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 27, 2021
Subject: Rejecting bids for the 2021-05SWR Concrete Maintenance
Project
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will reject the bids for the 2021-05SWR Concrete Maintenance Project.
The City received one bid for the project, which was in the amount of $655,589.78 from
Timmons Construction. The bid is approximately 40% higher than the Engineer’s
Estimate of $468,505.50. Local contractors have indicated their schedules are very full
this year, thus reducing the number of bidders interested in this project. It is
recommended that this project be rebid at a later date for construction in 2022.
Background:
This project is designed as an improvement to the pavement conditions and traffic
signals at the intersection of 8th Street South and Main Avenue South.
Item Details:
A bid letting was held at 1:30 PM on April 20, 2021 at the City & County Government
Center and the City received the following bids:
2021-05SWR Concrete Maintenance Project Timmons Engineer's
Construction, Inc. Estimate
Schedule A: City Work at 8th St. S & Main Ave $539,933.78 $400,320.50
Schedule B: BMU Water Main Replacement $115,656.00 $68,185.00
Total of All Schedules $655,589.78 $468,505.50
Staff reviewed the bid prices in comparison to bids received in previous years . There
were several bid items which were higher than anticipated including gravel, concrete,
video detection system, and water main work. The total bid of Timmons Construction
for $655,589.78 was approximately 40% higher than the engineer’s estimate of
$468,505.50.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability: The street maintenance program furthers the accomplishment of City
Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt
material that is removed from the street is ground up and recycled for granular surfacing
or used in the hot asphalt on other projects. The concrete pavement will reduce the
future maintenance on the intersection, saving staff and maintenance resources.
Financial Consideration:
The City will rebid this project at a later date for construction in 2022. The work may be
incorporated into a larger project to attract more bidders. Brookings Municipal Utilities
concurred with rebidding the 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 work session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Map
Resolution 21-038
Resolution Rejecting Bids on Project 2021-05SWR
Concrete Maintenance Project
Whereas, the City of Brookings opened bids for Project 2021-05SWR Concrete
Maintenance Project on Tuesday, April 20, 2021 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings received the following bid for the 2021-05SWR
Concrete Maintenance Project: Schedule A: Timmons Construction, Inc. - $539,933.78;
Schedule B: $115,656.00; Total Bid: $655,589.78; and
Whereas, the low bid was approximately 40% higher than the Engineer’s Estimate.
Now, Therefore, Be It Resolved that the total low bid of $655,589.78 for Timmons
Construction be rejected.
Passed and approved this 27th day of April 2021.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
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 #:RES 21-036,Version:1
Action on Resolution 21-036, a Resolution Awarding Bids on Project 2021-08STI Street Maintenance
and Overlay Project.
Summary:
This resolution will award the 2021-08STI Street Maintenance and Overlay Project to Bowes
Construction Co., Brookings, SD, for the low bid of $1,690,510.97. The bid is approximately 15%
lower than the engineer’s estimate of $2,001,166.55. The project will be on going throughout the
summer and will be completed by the end of October 2021.
Recommendation:
Staff recommends awarding the project to Bowes Construction Co., Inc. for the low bid of
$1,690,510.97.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 27, 2021
Subject: 2021-08STI Street Maintenance and Overlay Bid Award
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will award the 2021-08STI Street Maintenance and Overlay Project to
Bowes Construction Co., Brookings, SD, for the low bid of $1,690,510.97. The low bid
is approximately 15% lower than the engineers estimate of $2,001,166.55. The project
will be ongoing throughout the summer and will be completed by the end of October
2021.
Background:
This project is the annual street maintenance project, which includes asphalt milling,
digouts, and overlays on various streets in Brookings in need of repair. This year, the
project also includes sidewalk ramp upgrades and new fillets as a larger combined
project. The areas identified for repair this year include:
3rd Street from Medary Avenue to 17th Avenue: mill & overlay and sidewalk ramp
upgrades
15th Avenue from 3rd Street to 5th Street: mill & overlay and sidewalk upgrades
4th Street from Medary Avenue to 12th Avenue: curb and gutter replacement and
mill & overlay
4th Street from 14th Avenue to 15th Avenue: mill & overlay
Faculty Drive: mill and overlay, sidewalk ramp upgrades and storm sewer
upgrades
32nd Avenue North of Highway 14 Bypass: from Nutrina Ag Solutions to the north
end: full digout and new asphalt pavement
8th Street from 14th Avenue to 20th Avenue: mill & overlay
20th Avenue from 8th Street to 6th Street: mill & overlay
Division Avenue and 2nd Street South: sidewalk ramp and storm sewer upgrades
Hillcrest Park: recreation trail replacement
Indian Hills Park: recreation trail replacement
Larson Park: parking lot reconstruction and trail upgrade
Swiftel Center: sidewalk upgrades and south parking lot overlay
Item Details:
The bid letting for this project was held on Tuesday, April 20, 2021 and the City received
the following bids:
Staff reviewed the bid prices in comparison to bids received in previous years. The low
bid prices were similar to 2020 bid prices, although oil prices are lower this year. The
total low bid of Bowes Construction Co., Inc. for $1,690,510.97 is approximately 15%
lower than the engineer’s estimate of $2,001,166.55.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability: The street maintenance program furthers the accomplishment of City
Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt
material milled from the street surfacing is used in the hot asphalt mix used in the
overlay, thereby recycling the amount of virgin aggregate material and using less
percentage of oil in the mix. The asphalt overlays will extend the life of the streets and
reduce the need for a full reconstruction of the streets.
Financial Consideration:
The City will enter into a contract with Bowes Construction Co, Inc. for the total low bid
amount of $1,690,510.97. The project is within the City’s budget for 2021.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Do nothing
Staff recommends approval of the resolution as presented.
2021-08STI Street
Maintenance & Overlay
Project
Bowes
Construction, Inc.
Asphalt Surfacing
Company
Engineer's
Estimate
Schedule A: City Street
Work $1,359,453.64 $1,563,522.16 $1,599,326.55
Schedule B: Larson Park
Parking Lot $104,526.50 $124,909.70 $126,814.75
Schedule C: Swiftel Center
Sidewalk Work $10,368.75 $10,743.00 $11,708.75
Schedule D: Swiftel Center
Parking Lot Overlay $119,770.25 $169,365.95 $160,055.00
Schedule E: Trail
Reconstruction $96,391.83 $104,331.95 $103,261.50
Total of All Schedules $1,690,510.97 $1,972,872.76 $2,001,166.55
Supporting Documentation:
Resolution
Map
Resolution 21-036
Resolution Awarding Bids on Project 2021-08STI
Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2021-08STI, Street
Maintenance and Overlay Project on Tuesday, April 20, 2021 at 1:30 pm at the
Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for the 2021-08STI
Street Maintenance and Overlay Project: Schedule A: Bowes Construction -
$1,359,453.64 and Asphalt Surfacing Company - $1,563,522.16; Schedule B: Bowes
Construction - $104,526.50 and Asphalt Surfacing Company - $124,909.70; Schedule
C: Bowes Construction - $10,368.75 and Asphalt Surfacing Company - $10,743.00;
Schedule D: Bowes Construction - $119,770.25 and Asphalt Surfacing Company -
$169,365.95; Schedule E: Bowes Construction - $96,391.83 and Asphalt Surfacing
Company - $104,331.95; Total Bid: Bowes Construction - $1,690,510.97 and Asphalt
Surfacing Company - $1,972,872.76.
Now, Therefore, Be It Resolved that the total low bid $1,690,510.97 for Bowes
Construction Co., Inc. be accepted.
Passed and approved this 27th day of April 2021.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
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 #:RES 21-040,Version:1
Action on Resolution 21-040, a Resolution Awarding Bids on Airport Pavement Maintenance /
Rehabilitation Project, AIP #3-46-0005-034-2021.
Summary:
This resolution will award the Airport Pavement Maintenance / Rehabilitation Project to Fahrner
Asphalt Sealers, Eau Claire, Wisconsin, for the low bid of $174,882.66. The bid is 34% lower than
the Engineer’s Estimate of $265,000. The project is scheduled for this construction season and will
be completed by November, 2021.
Recommendation:
Staff recommends awarding the project to Fahrner Asphalt Sealers for the low bid of $174,882.66.
Attachments:
Memo
Resolution
Map
Letter of Recommendation
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 27, 2021
Subject: Awarding Bids on Airport Pavement Maintenance /
Rehabilitation Project, AIP #3-46-0005-034-2021
Person(s) Responsible: Jackie Lanning, City Engineer and Matt Sommerfeld, Airport
Manager
Summary:
Approval of the resolution will make tentative award of the Airport Pavement
Maintenance / Rehabilitation Project No. AIP #3-46-0005-034-2021 to Fahrner Asphalt
Sealers for the low bid price of $174,882.66, contingent upon receipt and approval of a
Good Faith DBE Effort and receipt of an FAA Grant Offer. The City Manager is
authorized to sign the FAA Grant Offer, Grant Agreement and all other related
documents for necessary paperwork for the Contract Documents.
Background:
Runway 12/30 and the adjacent taxiway were constructed with asphalt pavement in
2014/2015. The asphalt pavement is scheduled for maintenance to extend the life of
the pavement. This project was designed by Helms and Associates and involves the
pavement maintenance of Runway 12/30 and taxiway A1, A2, A3, A4, and C to the hold
short line. A portion of runway 17/35 will also be milled and overlayed as shown on the
attached map. The project work includes crack sealing, seal coat, and runway and
taxiway pavement markings.
Item Details:
The City held a bid letting on Tuesday, April 20, 2021, and the City received the
following bids:
Fahrner Asphalt Sealers, Eau Claire, WI $174,882.66
Astech Corp, St. Cloud, MN $182,353.00
American Road Maintenance, Tucson, AZ $190,900.00
Gee Asphalt, Cedar Rapids, IA $217,430.00
Maxwell Asphalt, Inc., Salt Lake City, UT $264,975.00
The bids were very competitive for this project. The bid from Fahrner Asphalt Sealers,
is approximately 34% lower than the Helms and Associates Engineer’s Estimate of
$265,000.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability: The street maintenance program furthers the accomplishment of City
Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The
pavement maintenance will extend the life of the runway and will reduce the need for a
full reconstruction of the runway surface area.
Financial Consideration:
The City will enter into a contract with Fahrner Asphalt Sealers for the low bid of
$174,882.66. The City anticipates receiving a grant for the project, which will be funded
by 90% federal funds, 3.5% state funds, and 6.5% City funds. This project will be
reimbursed by federal and state funds in 2021 and 2022.
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
Recommendation Letter
Resolution 21-040
Resolution Authorizing the City Manager to Sign Bid Award and Grant Documents
for Brookings Airport Pavement Maintenance/Rehabilitation Project
No. AIP #3-46-0005-034-2021
Whereas, the Brookings City Council desires South Dakota Department of Transportation
assistance with the Brookings Regional Airport Project 3-46-0005-034-2021; and
Whereas, the City of Brookings desires the Airport Pavement Maintenance/Rehabilitation
Project that will include crack sealing, seal coat, mill and overlay of a portions of runway
17/35, and runway and taxiway pavement markings; and
Whereas, the City of Brookings opened bids for the project on Tuesday, April 20, 2021 at
1:30 pm at the Brookings City and County Government Center and received the following
bids: Fahrner Asphalt Sealers - $174,882.66, Astech Corp - $182,353.00, American Road
Maintenance - $190,900.00, Gee Asphalt - $217,430.00, Maxwell Asphalt, Inc. -
$264,975.00.
Now, Therefore, Be It Resolved that the tentative award for AIP Project #3-46-0005-34-
2021, Airport Pavement Maintenance Project is made to Fahrner Asphalt Sealers, for the
low bid of $174,882.66, contingent upon receipt and approval of a Good Faith DBE Effort
and receipt of an FAA Grant Offer, and the Brookings City Manager is authorized to sign
the FAA Grant Offer, Grant Agreement and all necessary paperwork for the Contract
Documents.
Passed and Approved this 27th day of April, 2020.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
April 21, 2021
Jackie Lanning, P.E. – City Engineer
City of Brookings
520 3rd St, Suite 230
Brookings, SD 57006
Re: Pavement Maintenance / Rehabilitation
Brookings Regional Airport
Brookings, South Dakota
AIP #3-46-0005-034-2021
Helms #A-8098
Dear Ms. Lanning:
We would like to take this opportunity to make our “Engineer’s Recommendation of Award” for
the above referenced project.
The description of work is:
This project shall include pavement maintenance of Runway 12/30, Taxiway A1, A2, A3,
A4, and Taxiway C to Runway Object Free Area (ROFA). This work shall include
routing and sealing of cracks, emulsified seal coat, pavement markings, and other items
of related construction. This project shall also include patchwork on Runway 17/35. This
work shall include milling two inches of existing asphalt (±120’ x 60’) and two inch thick
asphalt pavement overlay.
We have reviewed the bid proposal documents received and are recommending that the Base Bid
be tentatively awarded to the lowest bidder Fahrner Asphalt Sealers, LLC, Eau Claire, WI, in the
amount of $174,882.66 as their bid was complete and reasonable. We have also verified Fahrner
Asphalt Sealers, LLC has not been excluded at www.sam.gov. The low bidder was
approximately 42% below the Engineer’s Estimate. In the past two years we have seen unit
prices for that work ranging from $1.75/SqYd to $2.30/SqYd. With the level of competition and
quantities involved with this project, we feel that those factors drove the unit price down.
The DBE goal was 0.8% for this project. The intended participation listed in Fahrner Asphalt
Sealer, LLC’s bid is 0.8%.
The motion for award should read “Tentative award for AIP Project #3-46-0005-034-2021
Pavement Maintenance / Rehabilitation, Base Bid is made to Fahrner Asphalt Sealers, LLC, Eau
Claire, WI, in the amount of $174,882.66 contingent upon receipt of an FAA Grant Offer.
Also, to help meet what we expect to be short time lines in the grant process, the Council should
authorize the City Manager to sign the FAA Grant Offer and all necessary paperwork for the
Contract Documents.
I have enclosed the Grant Application Packet. Please have the Mayor sign and date it where
tabbed, scan the entire document, and email the document to the following:
brian.p.schuck@faa.gov
kyle.e.sebesta@faa.gov
jon.becker@state.sd.us
brookee@helmsengineering.com
If you have any questions, comments, or need any further information, please feel free to contact
our office at your convenience.
Sincerely,
Helms and Associates
Michael A. Schmit, P.E.
W/Enclosures
Cc: Brian Schuck, FAA – Dakota-Minnesota Airports District Office
Kyle Sebesta, FAA – Dakota Minnesota Airports District Office
Jon Becker, SD-DOT – Office of Air, Rail, and Transit
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 21-015,Version:1
Introduction and First Reading on Ordinance 21-015, an Ordinance rezoning 21625 471st Avenue,
from a Joint Jurisdiction Agriculture (JJ-A) District and Joint Jurisdiction Residence (JJ-R1B) Single-
family District to a Joint Jurisdiction Business (JJ-B3) Heavy District. Public Hearing: May 11, 2021.
Summary:
COD Investments LLC has purchased a 33.48 acre parcel of land near the s-curve on Main Street
South (corner of 216th St and 471st Avenue). The applicant is requesting to rezone the property to
Joint Jurisdiction Business (JJ-B3) Heavy District.
Recommendation
The Planning Commission voted 6-0 recommending approval on April 6, 2021.
Attachments:
Memo
Ordinance
Notice
Joint Planning Commission Minutes
County Staff Report
Application
Aerial and Zoning Map
Future Land Use Map
Development Suitability Map
JJ-B3 Regulations
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021
Subject: Introduction and First Reading on Ordinance 21-015, an
Ordinance rezoning 21625 471st Ave, from Joint Jurisdiction
Agriculture (JJ-A) District and Joint Jurisdiction Residence
(JJ-R1B) Single-family District to Joint Jurisdiction Business
(JJ-B3) Heavy District.
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
COD Investments LLC has purchased a 33.48 acre parcel of land near the s-curve on
Main Street South (corner of 216th Street and 471st Avenue). The applicant is
requesting to rezone the property to a Joint Jurisdiction Business (JJ-B3) Heavy District.
Background:
The property is located at 1625 471st Avenue along the southwest corner of the s-curve
south of Brookings. The property is currently split zoned, with roughly 17 acres of the
western half zoned JJ-A and roughly 16 acres of the eastern half zoned JJB-3. COD
Investments LLC purchased the property in 2019 and now wishes to establish a use
consistent with the JJB-3 allowable uses.
Item Details:
The property is located within the Open/Wetlands Land Use Classification in the
Comprehensive Plan. While the open/wetlands classification is not highly supportive of
a rezoning request to a higher use, there are minimal concerns with a potential rezone
of this property. As mentioned, half of the property is currently zoned Joint Jurisdiction
R1-B which already allows a higher use than Agriculture. Staff recommends cleaning
up examples of split-zoning, therefore, a full rezone would be recommended. The
property is surrounded by JJ-A with the exception of an adjacent JJR1-B across 471st
Avenue to the northeast.
The property is shown as having low to moderate development limitations according to
the comprehensive plan’s development suitability model. Suitability factors include the
presence of wetlands, depth to water, location within the floodplain, soil drainage class,
slope of the land, land cover, and others. The property is not located within the
floodplain; however, factors of depth to water and soil conditions may be a concern.
Such conditions could be mitigated for responsible development of the property.
Legal Consideration:
None
Strategic Plan Consideration:
5) Economic Growth - Rezoning the property will promote economic growth by
establishing a zoning district supportive of business opportunities.
Financial Consideration:
None
Recommendations:
The Planning Commission voted 6-0 recommending approval on April 6, 2021.
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
Supporting Documentation:
Ordinance
Notice
Joint Planning Commission Minutes
County Staff Report
Application
Aerial and Zoning Map
Future Land Use Map
Development Suitability Map
JJB-3 Regulations
Ordinance 21-015
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding
the City of Brookings
Be It Ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That the real estate situated in the Joint Jurisdictional Area surrounding the
City of Brookings, in Brookings County, shall be amended as follows, to-wit:
The Northeast Quarter of the Northeast Quarter (NE ¼ NE ¼), Except Lot H-1,
and Except that part lying East and North of Lot H-1 thereof, in Section 14,
Township 109 North, Range 50 West of the 5th P.M., Brookings County, South
Dakota, from Joint Jurisdiction Agriculture (JJ-A) District and Joint Jurisdiction
Residence (R1-B) Single-Family District to Joint Jurisdiction Business (JJ-B3)
Heavy District.
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area
Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said
districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No.
14-80 Appendix C of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-
80 Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2021
Second Reading and Adoption: May 11, 2021
Published:
CITY OF BROOKINGS
______________________________
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 PETITION TO REZONE
NOTICE IS HEREBY GIVEN That COD Investments LLC submitted a petition to
rezone the following described real estate in the Joint Jurisdiction Area of the City of
Brookings and Brookings County, South Dakota:
The NE ¼ of the NE ¼, except Lot H-1 and except that part lying East and
North of Lot H-1 in Section 14, T109N-R50W, also known as approximately
21625 471st Avenue, from a Joint Jurisdiction Agriculture and Residence R-
1B Single-Family District to a Joint Jurisdiction Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN That said request will be acted on by a joint meeting
of the City of Brookings and Brookings County Planning Commission at 7:00 PM on
Tuesday, April 6, 2021, in the Chambers Room on the third floor of the Brookings City &
County Government Center at 520 Third Street, Brookings, South Dakota. Any action
taken by the City of Brookings and Brookings County Planning Commission serves as a
recommendation to the Brookings City Council and Brookings County Commission.
Any person interested may appear and be heard in this matter.
Dated this 26nd day of March 2021.
____________________________
Ryan Miller
City Planner
City & County Joint Planning Commission
Brookings, South Dakota
April 6, 2021
OFFICIAL MINUTES
County Chairperson Chad Ford called the meeting of the City & County Planning Commissions to
order on Tuesday, April 6, 2021, at 7:00 PM in the Chambers Room #310 on the third floor of the City
& County Government Center. City members present were Tanner Aiken, James Drew, Jason
Meusburger, Lee Ann Pierce, Eric Rasmussen, and Biggar. Greg Fargen, Gregg Jorgenson and Jacob
Mills were absent. County members present were Mike Bartley, Kyle VanderWal, Darrel Kleinjan,
Randy Jensen, Neal Trooien, Michael McHugh, Spencer Diedrich, Brian Gatzke, alternate Roger
Erickson, alternate Dale Storhaug, and Ford. Michael McHugh was absent. Others present were
David Kneip and Andrew Austreim.
Item #4a – COD Investments LLC submitted a petition to rezone the NE ¼ of the NE ¼, except Lot
H-1 and except that part lying East and North of Lot H-1 in Section 14, T109N-R50W, also known as
approximately 21625 471st Avenue, from a Joint Jurisdiction Agriculture and Residence R-1B Single-
Family District to a Joint Jurisdiction Business B-3 Heavy District.
Kleinjan recused himself.
(VanderWal/ Diedrich) Motion by the County to approve the rezone request. All present voted aye.
MOTION CARRIED.
(Pierce/ Meusburger ) Motion by the City to approve the rezone request. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a – This is a rezone of 3.8 acres of land to a Joint Jurisdiction B-3 Heavy Business District.
This land is located just south of Brookings on the S-curves (Old 77).
Miller added that this land is located within the open/wetlands land use classification of the City’s
Comprehensive Plan and does have low to moderate development limitations. City staff recommends
approval of this rezone request.
Kneip explained that his client would like to purchase this property and move his current business to
this location. Austreim explained that he would build a shop on this property and use this property for
his business.
2021rz001
Staff Report
April 6, 2021
Page 1 of 2
BROOKINGS COUNTY DEVELOPMENT
Brookings City & County Government Center
520 3rd Street, Suite 200
BROOKINGS, SOUTH DAKOTA 57006
(605)-696-8350
E-Mail: countydevelopment@brookingscountysd.gov
Brookings County Planning and Zoning Commission - Joint Meeting
with City of Brookings Planning Commission.
April 6, 2021 7:00 PM meeting
2021rz001 April 6, 2021
Prepared by Richard Haugen
Applicant/Owner: COD Investments LLC by David Kneip, 326 W 6th St, Brookings, SD 57006
Legal Description: -1 and Except that part lying East and North of
Lot H-1 in Section 14, T109N, R50W ~~ located at 21625 471 st Ave, Brookings, SD 57006.
2021rz001: COD Investments LLC, by David Kneip has applied for rezoning of 33.48
acres of land from a Joint Jurisdiction R-1B (single family) and Agricultural Zoning to Joint
Jurisdiction B-3 (heavy business) Zoning. The property is located on the south side of the S-
curve on 471st Ave south of Brookings, in the Brookings County/Brookings City Joint
Jurisdictional area at 21625 471st Ave. A historical review of the property found the 33.48 acre
parcel was originally rezoned from Agricultural to R-1B (single family) on April 19, 1977. On June
6, 1995 the West 350 feet of the parcel was rezoned from R-1B (single family) to Agricultural.
Then on February 3, 1998 the W820 feet, excluding the W350 feet of the parcel was rezoned
from R-1B (single family) to Agricultural. Since that time the west portion of the property has
ricultural portion of the property has been zoned R-1B (single
family). The proposed rezoning of the property would change the whole parcel to a Joint
Jurisdiction B-3 (heavy business) with the City of Brookings Community Development Office
having the Zoning Control for the property. The applicant has spoken to the City of Brookings
Community Development Office in regards to this rezoning request.
The rezoning request will be heard by a joint meeting of the Brookings County Planning
and Zoning Commission and the City of Brookings Planning and Zoning Commission as it is
located in the Joint Jurisdiction Area. The decision made by the Joint Planning Commission is a
recommendation to the Brookings County Commission and the Brookings City Council for the
final decision of the rezoning request.
2021rz001
Staff Report
April 6, 2021
Page 2 of 2
Public notices were published in the Brookings Register on March 23 and 30, 2021. The
applicant notified abuttin sed rezoning request at
least 14 days prior to the public hearing.
Letters were also sent to the Brookings County Highway Department and Medary
Township Chairman and Clerk.
Looking south along S curve. Existing drive way entrance.Looking north from driveway on 471stAve (Old 77).2021rz001: COD Investments LLCLooking west from driveway. Used concrete pile.Looking west from 471stAve (Old 77), north of used concrete pile.
Looking south east from S
curve on 471st Ave ( Old 77).
Looking west from
471st Ave (Old 77).
Looking north west from
east side of property along
471st Ave (Old 77).
Lookling west from east side of
property along 471st Ave (Old 77).
Looking south from S curve
on 471st Ave (Old 77).
Looking south from S curve
on 471st Ave (Old 77).
Joint Jurisd ictio n R ezon e
294 ft
Master Map
master map of GIS DATA
FLU_RDG
Urban Reserve (UR)
Low Density
Residential (LDR)
Medium Density
Residential (MDR)
High Density
Residential (HDR)
Manufactured Home
Court (MHC)
Urban Low Intensity
(ULI)
Urban Medium
Intensity (UMI)
Urban High Intensity
(UHI)
Urban Strategy Area
Park (P)
Open/Wetlands
(O/W)
Open/Floodplain
(O/F)
Public Facilities (PF)
Civic (C)
Business Park/Light
Industry (BP)
General Industry
(GI)
Downtown District
600ft
Master Map
master map of GIS DATA
SuitabilityModel
Low Limitations
Moderate Limitations
Severe Limitations
600ft
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC41 41
524. Supplementary regulations. See regulations prescribed in Article VII, Sections
700, 710, 720 and 730.
Section 530. Business B-2A professional office.
531. Permitted uses.
.1 Office (0rd. 05-95, 2-28-95)
.2 Personal health service (0rd. 05-95, 2-28-95)
.3 Funeral home or mortuary (0rd. 05-95, 2-28-95)
.4 Pharmacy (Ord. 5-95, 2-28-95)
532. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a twenty-five (25) foot side yard on the side abutting the resi-
dential district. When adjacent to other than residential districts, no side yard is
required; however, where side yards are provided for such a building, each such
side yard shall be not less than six (6) feet in width. No minimum lot area or
building frontage shall be required.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which
yard shall be not less than twenty-five (25) feet in depth.
.3 Rear yard. No building shall be within twenty (20) feet of the rear lot line.
533. Supplementary regulations. See regulations prescribed in Article VII, Sections 700,
710, 720 and 730.
Section 540. Business B-3 heavy.
541. Permitted uses.
.1 Retail or service store (Ord. 5-95, 2-28-95)
.2 Personal service store (Ord. 5-95, 2-28-95)
.3 Personal health service (Ord. 5-95, 2-28-95)
.4 Office (Ord. 5-95, 2-28-95)
.5 Hotel (Ord. 5-95, 2-28-95)
.6 Drive-in food service (Ord. 5-95, 2-28-95)
.7 Public transportation facility (Ord. 5-95, 2-28-95)
.8 Public utility facility (Ord. 5-95, 2-28-95)
.9 Funeral home or mortuary (Ord. 5-95, 2-28-95)
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC42 42
.10 Financial institution (Ord. 5-95, 2-28-95)
.11 Grocery supermarket (Ord. 5-95, 2-28-95)
.12 Automobile sales (Ord. 5-95, 2-28-95)
.13 Gas dispensing station (Ord. 5-95, 2-28-95)
.14 Parking facility or lot (Ord. 5-95, 2-28-95)
.15 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95)
.16 Car wash (Ord. 5-95, 2-28-95)
.17 Animal hospital (Ord. 5-95, 2-28-95)
.18 Temporary storage facility (Ord. 5-95, 2-28-95)
.19 Reverse vending machine (Ord. 5-95, 2-28-95)
.20 Motel (Ord. 5-95, 2-28-95)
.21 Day care facility (Ord. 5-95, 2-28-95)
542. Uses allowed as special exceptions by the Board of Adjustment.
.1 Outdoor sales (Ord. 5-95, 2-28-95)
.2 Storage and warehousing (Ord. 5-95, 2-28-95)
.3 Lumberyard (Ord. 5-95, 2-28-95)
.4 Nursery or greenhouse (Ord. 5-95, 2-28-95)
.5 Automobile service station (Ord. 5-95, 2-28-95)
.6 Motor vehicle repair shop (Ord. 5-95, 2-28-95)
.7 Citizens dropoff for recyclables (Ord. 5-95, 2-28-95)
.8 Buy back center for recyclables (Ord. 5-95, 2-28-95)
.9 Household hazardous waste site (Ord. 5-95, 2-28-95)
.10 Transfer site for recyclables (Ord. 5-95, 2-28-95)
.11 Light processing facility (Ord. 5-95, 2-28-95)
.12 Contractors shop and storage yard (Ord. 5-95, 2-28-95)
.13 Seasonal roadside stand/operation (Ord. 5-95, 2-28-95)
.14 Assembling and packaging (Ord. 5-95, 2-28-95)
.15 Freight handling (Ord. 5-95, 2-28-95)
.16 Manufacturing, light (Ord. 5-95, 2-28-95)
.17 Utility truck and trailer rental (Ord. 5-95, 2-28-95)
.18 Kennel (Ord. 5-95, 2-28-95)
.19 Wholesale trade (0rd. 5-95, 2-28-95)
543. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a fifty (50) foot side yard on the side abutting the residential
district. When adjacent to other than residential districts, no side yard is required;
however, where side yards are provided for such a building, each such side yard
shall not be less than six (6) feet in width.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which yard
shall be not less than twenty (20) feet in depth.
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC43 43
.3 Rear yard. No building shall be within twenty (20) feet of the rear lot line.
544. Supplementary regulations. See regulations prescribed in Article VII, Sections 700,
710, 720 and 730.
Section 550. Business B-4 highway.
551. Permitted uses.
.1 Automobile service station (Ord. 5-95, 2-28-95)
.2 Motel (Ord. 5-95, 2-28-95)
.3 Retail or service store (Ord. 5-95, 2-28-95)
.4 Truck stop with truck wash (Ord. 5-95, 2-28-95)
.5 Public transportation facility (Ord. 5-95, 2-28-95)
.6 Public utility facility (Ord. 5-95, 2-28-95)
.7 Grocery supermarket (Ord. 5-95, 2-28-95)
.8 Drive-in food service (Ord. 5-95, 2-28-95)
.9 Animal hospital (Ord. 5-95, 2-28-95)
.10 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95)
.11 Parking facility or lot (Ord. 5-95, 2-28-95)
.12 Financial institution (Ord. 5-95, 2-28-95)
.13 Automobile sales (Ord. 5-95, 2-28-95)
.14 Car wash (Ord. 5-95, 2-28-95)
.15 Reverse vending machine (Ord. 5-95, 2-28-95)
552. Uses allowed as special exceptions by the Board of Adjustment.
.1 Outdoor sales (Ord. 5-95, 2-28-95)
.2 Utility trailer and truck rentals (Ord. 5-95, 2-28-95)
.3 Citizen’s dropoff for recyclables (Ord. 5-95, 2-28-95)
.4 Storage and warehousing (Ord. 5-95, 2-28-95)
.5 Lumberyard (Ord. 5-95, 2-28-95)
.6 Nursery or greenhouse (Ord. 5-95, 2-28-95)
.7 Roadside stand (Ord. 5-95, 2-28-95)
.8 Assembling and packaging operation (Ord. 5-95, 2-28-95)
.9 Freight handling (Ord. 5-95, 2-28-95)
.10 Manufacturing, light (Ord. 5-95, 2-28-95)
.11 Buy back center for recyclables (Ord. 5-95, 2-28-95)
.12 Household hazardous waste (Ord. 5-95, 2-28-95)
.13 Day care facility (Ord. 5-95, 2-28-95)
.14 Transfer site for recyclables (Ord. 5-95, 2-28-95)
553. Area regulations.
.1 Lot area and width. There shall be a lot area of not less than forty thousand
(40,000) square feet per lot. Each lot shall have a building line frontage of not less
than two hundred (200) feet, except that when a lot fronts on a service road, pre-
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 21-016,Version:1
Introduction and First Reading on Ordinance 21-016, an Ordinance amending Chapter 51,
Subdivision Regulations, Pertaining to Section 51-42, 51-64, and 51-65. Public Hearing: May 11,
2021.
Summary:
The City of Brookings is seeking approval of an amendment to the Subdivision Regulations
pertaining to public street acceptance and drainage requirements.
Background:
Staff has been reviewing the City’s street acceptance policy over the previous year. The goal is to
improve the process for accepting privately built roads during the development process while also
ensuring an acceptable level of quality. During the review process, other language within sections 51
-42, 51-64, and 51-65 were identified as needing cleaning or updating.
Recommendation
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Attachments:
Memo
Ordinance - Clean
Ordinance - Marked
Notice
Minutes
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021
Subject: Amendment to Chapter 51, Subdivision Regulations,
Pertaining to Section 51-42, 51-64, and 51-65
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The City of Brookings is seeking approval of an amendment to the Subdivision
Regulations pertaining to public street acceptance and drainage requirements.
Background:
Staff has been reviewing the City’s street acceptance policy over the previous year.
The goal is to improve the process for accepting privately built roads during the
development process while also ensuring an acceptable level of quality. During the
review process, other language within sections 51-42, 51-64, and 51-65 were identified
as needing cleaning or updating.
Item Details:
The changes include outlining the steps necessary for street acceptance, which include
the developer retaining a licensed professional engineer to perform an inspection and
opinion that the construction of the streets and associated work was done in general
accordance with the approved plans and specifications, submitting to the City a
Certificate of Completion signed by the developer’s engineer, and submitting to the City
Warranty Security in the amount of ten percent of the engineer’s estimate of
construction. Upon receipt of the Certificate of Completion and Warranty Security, the
City Engineer will determine acceptability of the Certificate of Completion, Warranty
Security, and site conditions within 30 days of the submission of the documents. With
these changes, the warranty period during which developers are responsible for repairs
was reduced from three years to one.
The ordinance amendment cleans up portions of the ordinance that are no longer
applicable and provides clarity on the public street acceptance process and drainage
easement requirements.
An additional amendment will follow related the definition of Warranty Security. Staff
and the Planning Commission discussed defining Warranty Security within Section 51 -
64 but ultimately determined that it would be best to include this in the definitions
section of Chapter 51 relating to the entirety of the Subdivision Regulations.
Legal Consideration:
City Attorney Steve Britzman has reviewed the ordinance amendments and addressed
the Planning Commission related to the amendments at their April 6th regular meeting.
Strategic Plan Consideration:
Fiscal Responsibility - The ordinance promotes a stable financial environment that is
transparent and maintains an outstanding quality of life for our citizens.
Sustainability - The ordinance will help provide and maintain quality infrastructure that
supports the community’s quality of life and economic vitality.
Fiscal Consideration:
None
Options and Recommendation:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Supporting Documentation:
Ordinance – Clean
Ordinance – Marked
Notice
Planning Commission Minutes
Ordinance 21-016
An Ordinance amending Chapter 51, Subdivision Regulations of the City of
Brookings pertaining to public street acceptance and drainage requirements 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 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.
(p) Label for each lot, the minimum elevation of the lowest allowable building
opening as determined through the storm drainage study.
II.
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
That Section 51-64 of Article VI. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-64. - Street standards.
(g)(3) Buildings located adjacent to a private street or road shall be addressed in
accordance with Brookings Code of Ordinances chapter 10, article II, section 10-
22, Premises identification.Chapter 74, article VI. Numbering of Buildings.
(j) The developer shall be held responsible for the street workmanship, materials,
deterioration or any other deficiencies for a period of one three years following from
the completion of the work and acceptance of the street by the city. The developer
shall repair and/or replace all street deficiencies during this one-year the corrective
period at no cost to the city. Any surface restoration costs incurred because of the
repairing and/or replacing of deficiencies shall be borne by the developer. The city
shall have the final approval as to right over whether adequate repair and
restoration has been completed by the developer. In the event the developer fails
to repair or restore the affected street in a manner acceptable to the city, the city
shall have the right, after allowing the developer a reasonable period to complete
the repair and restoration, to make such repairs and restoration and the developer
shall pay the costs incurred by the city for such actions. The city may also apply
the Warranty Security required in Section 51-64(l) to the developer’s obligation to
pay the costs incurred by the city to repair and restore the street. The de veloper
shall remain obligated to the city for any costs of street repair and restoration which
are not covered by the Warranty Security.
(l) The developer shall be responsible for the public street acceptance process as
follows:
(1) Retain a licensed Professional Engineer with responsibilities which will
permit the Engineer to provide a professional opinion that the construction of
the streets and associated work was constructed in general accordance with
the approved plans and specif ications.
(2) Upon completion of street construction, or a segment of street construction,
and prior to the street maintenance responsibilities being transferred to the
City, the developer shall submit to the city engineer:
a. A Certificate of Completion signed by the developer’s engineer stating
that in their opinion, the streets and associated work were constructed
in general accordance with the approved plans and specifications.
b. Warranty Security in the amount of Ten Percent (10%) of the
Engineer’s Estimate of Construction based on the approved plans and
specifications subject to the Certificate of Completion set forth in
Section 2(a) for the duration of one (1) year, naming the City of
Brookings as the additional insured.
(3) Upon receipt of the Certificate of Completion and Warranty Security, the city
engineer shall determine acceptability of these submittals and site conditions
make a determination within 30 days of the submission of the documents.
(4) Upon review and approval of the Certificate of Completion, Warranty Security
and site conditions, the city engineer shall issue a Transfer of Street
Ownership Certificate for the specific segments of streets listed on the
Certificate of Completion which satisfy these requirements, provided:
a. The one (1) year warranty period shall begin upon the date of the
Transfer of Street Ownership.
b. The Developer is required to complete any incomplete or deficiently
performed street acceptance requirements within 180 days of the
Notice of deficiency by the city engineer.
c. The city may extend the time required by this section on written
request by the Developer showing that the circumstances beyond the
control of the Developer have prevented or delayed street repair or
restoration action from being taken.
III.
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
That Section 51-65 of Article VI. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-65. - Land design and improvements.
(2) Lots
(k) Label for each lot, the minimum elevation of the lowest allowable building opening
as determined through the storm drainage study.
(5) Easements
(d) Drainage eEasements shall conform substantially to the boundaries of
watercourses, drainageways, channels and streams and shall have a minimum
width of 15 feet or as determined by the circumstances and drainage plan. No
above ground structures, fences, grade changes or impediments to drainage that
may impede the flow of water shall be placed in a drainage easement or over any
public storm sewer system without written approval from the City Engineer.
IV.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2021
Second Reading: May 11, 2021
Published:
CITY OF BROOKINGS, SD
_____________________________
Keith 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: Information Required
51-42, Street Standards 51-64, Land Design and Improvements 51-65, pertaining primarily
to public street acceptance and drainage requirements.
NOTICE IS FURTHER GIVEN That said changes will be acted on by the City
Planning Commission at 5:30 PM, on Tuesday, March 2, 2021 in the Chambers Room on
the third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 19th day of February 2021.
____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
April 6, 2021
OFFICIAL MINUTES
Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on
Tuesday April 6, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen,
Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Biggar. Absent were Gregg Jorgenson and
Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan
Miller, City Engineer Jackie Lanning, Chad Borchardt, Justin Bucher Banner Associates, and City
Attorney Steve Britzman.
Item #4c – Amendments to Chapter 51, Subdivision Regulations: Information Required Section 51-42,
Street Standards Section 51-64, Land Design and Improvements Section 51-65, pertaining primarily to
public street acceptance and drainage requirements.
(Fargen/Meusburger) Motion to remove from the table. All present voted aye. MOTION CARRIED.
Motion made at March 2, 2021 meeting, Rasmussen/Meusburger to approve the amendments. All
present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4c – This item was tabled at the March 2nd Planning Commission meeting. Some revisions have
been made to the amendments and Lanning explained the revisions. The revisions reorganized the
timeline and also clarified some of the requirements that were not real clear.
Bucher questioned when the warranty period starts. Typically, the warranty period starts when the
substantial completion date has been assigned. Lanning explained that it would start on the date of the
street ownership. So this may not be the same date as the substantial completion date.
Rasmussen wondered why Warranty Security is capitalized and if this should be defined to clarify
what it means. Britzman would like it to state that a bond or cash payment would be what they would
like and this could be added for clarification.
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 21-017,Version:1
Introduction and First Reading on Ordinance 21-017, an Ordinance repealing Section 94-165 - SDSU
Campus Edge Neighborhood Design Review Overlay District and replacing it with Commercial
Corridor Design Review Overlay District. Public Hearing: May 11, 2021.
Summary:
Staff is proposing an amendment to the Zoning Ordinance which repeals Section 94-165 - SDSU
Campus Edge Neighborhood Design Review Overlay District and replaces it with Section 94-165 -
Commercial Corridor Design Review Overlay District.
Background:
The City is proposing to add a Commercial Corridor Overlay District to the Zoning Ordinance. The
intent of the overlay district is to provide guidance to staff, developers, and the public when
opportunities for development and/or redevelopment are available along four of the major corridors in
the community. The overlay district utilizes the underlying zoning district as the base district for the
uses allowed and incorporates site design criteria from the overlay district.
Recommendation
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Attachments:
Memo
Ordinance
Notice
Planning Commission Minutes
Boundary Map
City of Brookings Printed on 4/22/2021Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021
Subject: Commercial Corridor Overlay District
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Staff is proposing an amendment to the Zoning Ordinance that repeals Section 94-165
– SDSU Campus Edge Neighborhood Design Review Overlay District and replaces it
with Section 94-165 – Commercial Corridor Design Review Overlay District.
Background:
The City is proposing to add a Commercial Corridor Overlay District to the Zoning
Ordinance. The intent of the overlay district is to provide guidance to staff, developers,
and the public when opportunities for development and/or redevelopment are available
along four of the major corridors in the community. The overlay district utilizes the
underlying zoning district as the base district for the uses allowed and incorporates site
design criteria from the overlay district.
Item Details:
The Commercial Corridor Overlay District is reviewed and approved similar to an Initial
Development Plan associated with a Planned Development District. The Planning
Commission reviews and provides a recommendation to the City Council. The City
Council approves the development proposal via a motion and majority vote. Both the
Planning Commission and City Council will hold public hearings on the proposal.
The design criteria associated with the Commercial Corridor Overlay District is based
upon the site characteristics associated with the development proposal. The intent is
for the developer and designer to view the site from an appropriate scale and
compatibility with the neighborhood and incorporating features enhancing the built
environment.
Emphasis on pedestrian safety is stressed by minimizing conflict points in the design
process while maintaining traffic flow along major transportation corridors. The
ordinance proposes to bring structures closer to the street with parking located in the
rear of buildings, drawing attention to the buildings and uses located within.
The proposed ordinance is intended to allow flexibility in the design of the site and
building while providing guidance to designers and decision -makers concerning the
appropriate scale and compatibility with the existing neighborhood.
The proposed ordinance would repeal Section 94-165.1. – Campus edge neighborhood
standards. The Campus edge neighborhood standards ordinance was adopted in 2013
and has not been utilized since its adoption.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The Commercial Corridor Overlay District promotes the community’s
economic desires and supports the community’s quality of life, economic vitality, and
environment.
Economic Growth – The Commercial Corridor Overlay District promotes economic
growth by promoting proper planning and aesthetically attractive community
appearance.
Fiscal Consideration:
None.
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
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Supporting Documentation:
Ordinance
Notice
Planning Commission Minutes
Boundary Map
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 ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to
Chapter 94, Zoning, pertaining to repealing Section 94-165 – SDSU campus edge
neighborhood design review overlay district and replacing it with Commercial corridor design
review overlay district.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, April 6, 2021 in the Chambers Room on the third floor of
the Brookings City and County Government Center at 520 Third Street, Brookings, South
Dakota. Any action taken by the City Planning Commission is a recommendation to the City
Council.
Any person interested may appear and be heard in this matter.
Dated this 26th day of March, 2021.
____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
April 6, 2021
OFFICIAL MINUTES
Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on
Tuesday April 6, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen,
Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Biggar. Absent were Gregg Jorgenson and
Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan
Miller, City Engineer Jackie Lanning, Chad Borchardt, Justin Bucher Banner Associates, and City
Attorney Steve Britzman.
Item #4b - Amendments to Chapter 94, Zoning, pertaining to repealing Section 94-165 – SDSU
campus edge neighborhood design review overlay district and replacing it with Commercial corridor
design review overlay district.
OFFICIAL SUMMARY
Item #4b – The Commercial Corridor District was introduced in 2020, in October of 2020 the
Planning Commission did not pass this amendment. Some revisions have been made to the
Commercial Corridor District and therefore the request for the amendments has been brought forward
again. Miller explained the revisions that were made since the October 2020 meeting.
Pierce asked for clarification regarding when there would be a developers agreement that would
potentially be exempted from this ordinance. Struck explained that “The Brookings Marketplace”
would be a good example of this, the City Council could agree to a developers agreement. This
situation will typically only apply on City owned land that is deemed no longer needed for public
purpose and the land is put up for sale. The City could apply some restrictions to the sale. Pierce also
questioned the section that states “Exceptions to the standards required by the district may be allowed
on a case by case basis consistent with the overall purposes of the district.” Who makes these
exceptions? Struck stated that this would follow the same process and the developer would submit
their exceptions to staff and staff would review them, and then it would be forwarded on to the
Planning Commission. Pierce asked to verify if exceptions would be approved by the Planning
Commission. Struck stated yes. Pierce would like this to be clearly stated in the document.
Rasmussen wondered if any of the contractors/developers in town are concerned about this
amendment. Struck hasn’t heard anything from them this time like during the previous amendment
request.
Struck also reiterated that this would not apply to residential areas, this is for commercial zoning.
Aiken feels that staff did a great job revising these amendments.
Commercial Corridor Overlay
6th Street
20th Street SouthMain Ave.22nd Ave.32nd Street South 34th Ave.Western Ave.
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 21-008,Version:2
Second Reading and Action on Ordinance 21-008, an Ordinance Authorizing Supplemental
Appropriation #3 to the 2021 Budget - Parts 1,2 & 3.
Summary:
Part 1 will re-distribute 3B and BID 2020 sales tax surplus to supported Economic Development
Agencies.
Part 2 will increase CIP fund appropriation to execute the purchase of a Fire Truck financed by the
Landfill per Resolutions 20-009 and 20-014 enacted last year.
Part 3 will increase funding to cover initial efforts to prepare for implementation of the Marijuana
Legalization Bill.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
Resolution 20-009
Resolution 20-014
Picture - Fire Truck
City of Brookings Printed on 4/22/2021Page 1 of 1
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City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer
Council Meeting: March 23, 2021 / April 27, 2021
Subject: Ordinance 21-008, an Ordinance Authorizing Supplemental
Appropriation #3 to the 2021 Budget – Parts 1,2 & 3
Person(s) Responsible: Paul Briseno, City Manager
Erick Rangel, Chief Financial Officer
Summary:
Part 1 will re-distribute 3B and BID 2020 sales tax surplus to supported Economic
Development Agencies.
Part 2 will increase CIP fund appropriation to execute the purchase of a Fire Truck
financed by the Landfill per Resolutions 20-009 and 20-014 enacted last year.
Part 3 will increase funding to cover initial efforts to prepare for implementation of
the Marijuana Legalization Bill.
Background:
Part 1
In March 2020, the City proactively carried out a cost cutting initiative across the board to
be better positioned to face the unknown revenue impact of COVID. The proposed cuts
also impacted all Economic Development Agencies. At that time, the City reduced all
non-restricted subsidy funding by 15.3%, this plan included depleting the City’s 3B and
BID reserves to offset the -40% to -60% expected revenue reduction. It was also
communicated that if revenues ended up better than expecte d, returning the funds
proportionally would be explored.
Even though the City experienced a slowdown in revenues, the revenue reduction
was not as steep as originally anticipated. That said, after estimating the 2020
budget surplus for the BID and 3B funds, the City’s Financial Stability Reserve Policy,
and proportionally evaluating the 2020 cuts, City staff is proposing to re-distribute
41.3% of the original cuts to the respective agencies totaling $84,729.
Part 2
In 2020, the Brookings Fire Department budgeted to replace a 2001 Fire Engine. The
approved contract was for $540,243 per Resolution 20-009. In addition, Resolution 20-
014 approved the Fire Engine’s financing with an Interfund loan from the Landfill. The
proposed amendment would appropriate the necessary expense authority to the CIP
fund to close the purchasing transaction.
Part3
As of now, and with a 2/3 vote-requiring change, IM 26 will go into effect as written on
July 1, 2021 legalizing medical marijuana in South Dakota. The requested incremental
$30,000 will be used to fund an industry consultant to assist City staff with the initial
planning and set up for the local implementation of this legislation.
Item Details:
Staff recommends the proposed budget amendment.
Legal Consideration:
None.
Strategic Plan Consideration:
The budget amendment furthers the City’s mission of being a pro-active, fiscally-
responsible municipal government.
Financial Consideration:
Part 1
Staff proposes to allocate the surplus re-distribution as follows:
Agency
2020
Original
Budget
2020 Actual
Payment Reduced By To Re-
distribute
Surplus
Funding
Source
Downtown At Sundown +
Chamber 83,075 70,369 12,706 5,248 3B
Brookings CVB 443,138 375,362 67,776 27,993 3B + BID
SDSU student visitor 17,000 14,400 2,600 1,074 3B
Economic Dev 210,875 186,270 24,605 10,162 3B
Swiftel Center 490,912 415,831 75,081 31,010 3B
Research Park 146,250 123,873 22,377 9,242 GF
Total 1,391,250 1,186,105 205,145 84,729
The 3B and BID funds reserves after distribution would be well above its minimum
levels set by the City’s Financial Stability Reserve Policy.
Part 2
Increases CIP expense authority by $358,616.77:
$350,243 to finalize purchase of a Fire Truck. This amount plus the current
$190,000 in the budget adds up to the full $540,243 approved in Resolutions
20-014 and 20-009
$8,373.77 to cover 2021’s interest expense to the landfill
As a reminder, the CIP fund will pay back the Landfill the advanced amount within
the next 6 years with a 1.55% interest rate.
Part 3
Requested incremental $30,000 would be funded by the General Fund’s 2020
unassigned surplus.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Refer to a study session
5. Do nothing
Staff recommends approval of the ordinance as presented.
Supporting Documentation:
Ordinance
Resolution 20-009
Resolution 20-014
Picture – Fire Truck
Ordinance 21-008
An ordinance Authorizing Supplemental Appropriation No. 3 to the 2021 Budget
Be It Ordained by the City of Brookings, South Dakota:
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due.
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized
to make the following budget adjustments to the 2021 budget:
Part 1 – re-distributes 3B and BID 2020 sales tax surplus to supported Economic
Development Agencies.
Part 2 – increases CIP fund appropriation to execute the purchase of a Fire Truck
financed by the Landfill per Resolutions 20-009 and 20-014 enacted last year.
General Fund Increase/
(Decrease) Justification
Expense/Transfer
101-495-5-856-61 Research Park 9,242 Re-distribution of 2020 COVID driven budget cuts
9,242
Special Revenue Funds Increase/
(Decrease) Justification
Expense/Transfer
284-000-5-856-72 Downtown At Sundown + Chamber 5,248 Re-distribution of 2020 COVID driven budget cuts
284-000-5-429-21 Brookings CVB 27,993 Re-distribution of 2020 COVID driven budget cuts
284-000-5-856-49 SDSU student visitor 1,074 Re-distribution of 2020 COVID driven budget cuts
284-000-5-856-73 Economic Dev 10,162 Re-distribution of 2020 COVID driven budget cuts
284-000-7-899-03 Swiftel Center 31,010 Re-distribution of 2020 COVID driven budget cuts
75,488
84,729
Total change in expense
Total change in expense
Total Expense/Transfer Part 1
CIP/Landfill Funds Increase/
(Decrease) Justification
Expense/Transfer
213-000-5-940-08 Fire Dep. Capital Exp.350,243 Complete Fire Truck purchase
213-000-5-470-03 Debt Service Cost 8,374 Interest expense owed to the Landfill
358,617
358,617
Total change in expense
Total Expense/Transfer Part 2
Part 3 – increases funding to cover initial efforts to prepare for implementation of the
Marijuana Legalization Bill.
All ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: March 23, 2021
Second Reading: April 27, 2021
Published: April 30, 2021
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
General Fund Increase/
(Decrease) Justification
Expense/Transfer
101-405-5-422-03 Consulting/Engineering 30,000 Consultant to assit with initial IM 26 implementation
30,000
30,000
Total change in expense
Total Expense/Transfer Part 3
Resolution 20-014
Resolution Authorizing a Interfund Loan from the Landfill Fund to the Fire
Department to be used for the purchase of a 2020 Fire Engine
Whereas, the Brookings Fire Department is purchasing a 2020 Fire Engine and
desires to finance a portion of the purchase price using an Interfund Loan from
the Brookings Landfill Fund; and
Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon
approval of the City Council, to loan unrestricted cash from one fund to another
fund of the City; and
Whereas, it is in the best interests of the City of Brookings to finance the
purchase of said fire equipment internally through a Interfund Loan from the
Landfill Fund to the Fire Department Fund.
Now, Therefore, Be It Resolved, that the City Manager is directed to execute an
Interfund Loan from the Landfill Fund to the Fire Department Fund, providing an
annual interest rate of 1.55%, payable as follows:
Principal $540,243
Interest 1.55%
Term 6 year term, 1 payment per year
Passed and approved on the 28th day of January, 2020.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Interfund Loan Schedule
Payment
# Year
T
Payment Principal Interest Balance
1 2020 $94,987.80 $86,614.03 $8,373.77 ($453,628.97)
2 2021 $94,987.80 $87,956.55 $7,031.25 ($365,672.42)
3 2022 $94,987.80 $89,319.88 $5,667.92 ($276,352.54)
4 2023 $94,987.80 $90,704.33 $4,283.46 ($185,648.21)
5 2024 $94,987.80 $92,110.25 $2,877.55 ($93,537.96)
6 2025 $94,987.80 $93,537.96 $1,449.84 $0.00
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 21-009,Version:2
Public Hearing and Action on Ordinance 21-009, an Ordinance Amending Article II of Chapter 22 of
the Code of Ordinances of the City of Brookings and pertaining to the Adoption of the 2018
International Building Code, the 2018 International Residential Code, the 2018 International
Mechanical Code, the 2018 International Fire Code, and the 2018 International Existing Building
Code with certain Amendments thereto.
Summary:
This ordinance will adopt the 2018 International Codes with amendments thereto.
Recommendation:
Board of Appeals recommends approval. Staff recommends approval.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Public Notice
City of Brookings Printed on 4/22/2021Page 1 of 1
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City Council Agenda Memo
From: Jared Thomas, Chief Building Official
Council Meeting: March 23, 2021 / April 27, 2021
Subject: Adoption of 2018 International Codes with Amendments
thereto
Person(s) Responsible: Jared Thomas, Chief Building Official
Summary:
The proposed ordinance would amend Chapter 22 of the Building Code as is
periodically required by State Law. City staff along with the Board of Appeals reviewed
the adopted building code and the Adoption of the 2018 International Building Code, the
2018 International Residential Code, the 2018 International Mechanical Code, the 2018
International Fire Code, and the 2018 International Existing Building Code (I-Codes)
with certain Amendments thereto.
Background:
The City of Brookings previously adopted the 2015 I-codes. City staff and the Board of
Appeals met on March 10, 2021 to discuss the proposed amendments. Many of the
amendments proposed for the 2018 I-Codes are the same amendments to the 2015 I-
Codes. City Staff and BOA discussed the following new changes to the 2018 I-codes.
R302.13 Fire Protection of Floors
In previous code amendments this section was deleted due to concerns of the
increased construction costs for a new house. City staff and the Board of Appeals
discussed this section of the building code and decided to add in an exception removing
the requirement of fire protection of floors for unfinished basements.
Chapter 11 of the 2018 International Residential Code (IRC), Energy Efficiency
In previous code amendments Chapter 11 of the 2015 IRC was deleted and Chapter 11
of the 2009 IRC was adopted. A task force was created, consisting of members of the
Board of Appeals, City staff, and the Sustainability Council, to review Chapter 11 of the
2018 IRC. The task force discussed the building code, amendments made by peer
communities and potential local impacts. The task force recommendation was to adopt
the Chapter 11 of the 2018 IRC, with amendments.
Item Details:
An ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of
Brookings and pertaining to the adoption of the 2018 International Building Code, the
2018 International Residential Code, the 2018 International Mechanical Code, the 2018
International Fire Code, and the 2018 International Existing Building Code with certain
amendments thereto.
Legal Consideration:
In accordance with South Dakota Codified Law (SDCL) 11-10-5, and related State
Laws, are updated periodically to require compliance with the most recent uniform
codes. The most recent building code is the 2018 edition of the International Building
Code. This Ordinance will update City Code Section 22-31 to adopt the most recent
building codes. SDCL 11-10-5 also permits the governing body to amend, modify, or
delete any portion of these codes. The proposed Ordinance also updates the
amendments, modifications, and deletions of the Building Code of the City of Brookings.
Strategic Plan Consideration:
The use and enforcement of up-to-date building codes, specifications and standards will
enhance community resiliency while saving money and lives.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Do nothing
The Board of Appeals (BOA) and City staff recommend approval of the Ordinance as
presented.
Supporting Documentation:
Memo
Ordinance - clean
Ordinance - marked
Public Notice
Ordinance 21-009
An Ordinance Amending Article II Of Chapter 22 Of The Code Of Ordinances Of
The City Of Brookings And Pertaining To The Adoption Of The 2018 International
Building Code, The 2018 International Residential Code, The 2018 International
Mechanical Code, The 2018 International Fire Code, And The 2018 International
Existing Building Code With Certain Amendments Thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Sec. 22-31. Adoption.
There is adopted by the City those certain codes known as the 20 18 Edition of the
International Building Code, the 2018 International Residential Code, the 2018
International Mechanical Code, the 2018 International Fire Code and the 2018
International Existing Building Code, collectively referred to as the “International
Building Code”, “building code” or “code”. A copy of the building code is on file in the
office of the City Engineer and is available for inspection.
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building
Code adopted by this article and other provisions of city ordinance, state law or ru les or
regulations of the city, the provisions of city ordinance, state law or the rules or
regulations of the city shall prevail and be controlling.
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in
section 22-31, shall be defined, except where the context clearly indicates a different
meaning, as follows:
Municipality means the City of Brookings.
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the
executive official in charge, who shall be known as the building official and whose duties
shall be as outlined in the International Building Code adopted in section 22 -31.
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by
resolution shall have been paid. No amendment to a permit shall be approved until
the additional fee, if any, resulting from an increase in the estimated cost of the
building or structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or
sewer, a permit may be granted; provided, however, that in such case, a deposit
guaranteeing the abandonment of the water services and guaranteeing the
abandonment of the sewer services shall be deposited at the time of application for
such permit, the deposit to be in an amount to be determined by policy of the utility
board. Such deposit, but not the fees, will be refunded upon completion of t he
work or the city will arrange for such work at actual cost, plus ten percent to be paid
from such deposit. The demolition or removal shall be completed within 30 days
after the issuance of the permit. If water and sewer services are to be reused or
new services required for a new structure in the immediate future at the same
location, deposits may be waived by the building official.
Sec. 22-36. Amendments.
The following amendments to the 2018 International Residential Code are adopted and
incorporated into the building code:
Section R105.2 Work exempt from permit. Exemption from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120
square feet (11.15 m2).
2. Fences not over 6 feet (1,829 mm) high.
3. Retaining walls that are not over 4 feet (1 ,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width is not
greater than 2 to 1.
5. Sidewalks
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than
54 inches (1,372 mm) from the exterior wall and do not require additional
support.
Section R105.5 Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance or after
commencement of work if more than 180 days pass between inspections. The building
official is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each. The extension shall be requested in writing and justifiable
cause demonstrated.
Exception: Every permit issued shall become invalid 2 years from date of issuance.
Section R106.2 Site plan or plot plan. The construction documents submitted with the
application for permit shall be accompanied by a site plan showing the size and location
of new construction, erosion and sediment controls in accordance with Chapter 72 of
the Code of Ordinances, lowest allowable building opening, and existing structures on
the site and distances from lot lines. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan where the application for permit is for
alteration or repair or where otherwise warranted.
Section R108.6 Work commencing before permit issuance. Any person who
commences work requiring a permit on a building, structure, electrical, gas, mechanical
or plumbing system before obtaining the necessary permits shall be subject to an
investigation fee established by the applicable governing authority that shall be in
addition to the required permit fees. The minimum investigation fee shall be equal to the
amount of the permit fee required by this code. The payment of such fee shall not
exempt any person from compliance with all other provisions of this code nor from any
penalty prescribed by law.
Section R301.2 Climatic and Geographic Design Criteria.
1. Ground Snow Load ................................................ 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm)
shall be designed for a full or unbalanced snow load of not less than 30 pounds per
square foot (1.44kN/square meter) of horizontal projection. Where a roof system is
designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a
surcharge load of not less five pounds per square foot (0.24kN/square meter) in
addition to the required live load due to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall
be designed for a full or unbalanced snow load of not less than 25 pounds per
square foot (1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and
offsets in roofs of uneven configuration shall be considered.
2. Wind Speed ................................................................. 115 mph
3. Seismic Design Category ............................................ A
4. Weathering .................................................................. Severe
5. Frost Line Depth .......................................................... 42 inches
6. Termite Damage .......................................................... Severe to Moderate
7. Winter Design Temperature......................................... -11 deg Fahrenheit
8. Ice barrier underlayment requirement .......................... Yes
9. Air freezing index ......................................................... 3,000
10. Mean annual temperature ........................................... 46 deg Fahrenheit
Section R302.13 Fire protection of floors. Floor assemblies that are not required
elsewhere in this code to be fire-resistance rated shall be provided with a 1/2-inch (12.7
mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane,
or equivalent on the underside of the floor framing member. Penetrations or openin gs
for duct, vents, electrical outlets, lighting, devices, luminaires, wires, speakers,
drainage, piping and similar openings or penetrations shall be permitted.
Exceptions:
1. Floor assemblies located directly over a space protected be an automatic
sprinkler system in accordance with Section P2904, NFPA 13D, or other
approved equivalent sprinkler system.
2. Floor assemblies located directly over a crawl space.
3. Portions of floor assemblies shall be permitted to be unprotected where
complying with the following:
3.1 The aggregate area of the unprotected portions does not exceed 80
square feet (7.4 m2) per story.
3.2 Fire blocking is accordance with Section R302.11.1 is installed along the
perimeter of the unprotected portion to separate the unprotected portion
from the remainder or the floor assembly.
4. Wood floor assemblies using dimension lumber or structural composite lumber
equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal
dimension, or other approved floor assemblies demonstrating equivalent fire
performance.
5. Floor assemblies installed over an unfinished basement.
Section R310.2.2 Window sill height. Where a window is provided as the emergency
escape and rescue opening, it shall have a sill height of not more than 48 inches above
the floor; where the sill height is below grade, it shall be provided with a window well in
accordance with Section R310.2.3.
Section R310.2.3.1 Ladder and steps. Window wells with a vertical depth greater than
48 inches shall be equipped with a permanently affixed ladder or steps usable with the
window in the fully open position. Ladders or steps required by this section shall not be
required to comply with Sections R311.7. Ladders or rungs shall have an inside width
of not less than 12 inches (305 mm), shall project not less than 3 inches (76 mm) from
the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for
the full height of the window well.
Section R310.2.4 Emergency escape windows under decks and porches.
Emergency escape and rescue openings installed under decks and porches shall be
fully openable and provide a path not less than 80 inches in height to a yard or court.
Section R311.7.8.5 Grip-size. Required handrails shall be of one of the following types
or provide equivalent grasp ability.
1. Type I. Handrails with a circular cross section shall have an outside diameter of
not less than 1-1/4 inches (32 mm) and not greater than 2 inches (51 mm). If t he
handrail is not circular, it shall have a perimeter of not less than 4 inches (102
mm) and not greater than 6-1/4 inches (160 mm) and a cross section of not more
than 2-1/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch
(0.25 mm).
2. Type II. Handrails with a perimeter greater than 6 -1/4 inches (160 mm) shall have
a graspable finger recess area on both sides of the profile. The finger recess
shall be within 3/4 inch (19 mm) measured vertically from the tallest portion of the
profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22
mm) below the widest portion of the profile. This required depth shall continue for
not less than 3/8 inch (10 mm) to a level that is not less than 1-3/4 inches (45
mm) below the tallest portion of the profile. The width of the handrail abo ve the
recess shall be not less than 1-1/4 inches (32 mm) and not more than 2-3/4
inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).
Exception: Exterior stairs not serving required egress door are allowed to have a
horizontal 2x member to form a 1-1/2 inch graspable dimension in lieu of the above
reference perimeter dimensions.
Section R313 Automatic Fire Sprinkler Systems. Not Adopted by the City
Section R314.3 Location. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable
attics and not including crawl spaces and uninhabitable attics. In dwellings or
dwelling units with split levels and without an intervening door between the
adjacent levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided the lower level is less than one full story below the
upper level.
4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the
door or opening of a bathroom that contains a bathtub or shower unless this
would prevent placement of a smoke alarm required by Section R314.3.
5. A smoke detector installed in a stairwell shall be so located as to ensure that
smoke rising in the stairwell cannot be prevented from reaching the detector by
an intervening door or obstruction.
6. A smoke detector installed to detect a fire in the basement shall be located in
close proximity to the stairway leading to the floor above.
7. The smoke detector installed on a story without a separate sleeping area shall be
located in close proximity to the stairway leading to the floor above.
8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm)
from a wall or on a wall with the top of the detector not less than four inches (102
mm) nor more than 12 inches (305 mm) below the ceiling.
Section R401.1, Application. The provisions of this chapter shall control the design
and construction of the foundation and foundation spaces for buildings. In addition to
the provisions of this chapter, the design and construction of foundations in flood hazard
areas as established by Table R301.2(1) shall meet the provisions of Section R322.
Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions for this chapter shall be permitted to be used for wood
foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. Where interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15240 mm).
Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in
accordance with accepted engineering practice.
For new home construction, curb and gutter shall be required to be installed on all sides
of the lot adjacent to the public street right-of-way prior to the issuance of the building
permit, except for pre-existing public streets which do not have curb & gutter.
Section R401.3 Drainage. Surface drainage shall be diverted to a storm sewer
conveyance or other approved point of collection that does not create a hazard. Lots
shall be graded to drain surface water away from foundation walls. The grade shall fall
a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top
of any exterior foundation shall extend above the elevation of the street gutter at poi nt of
discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm)
plus 2 percent. Alternate elevations are permitted subject to the approval of the building
official, provided it can be demonstrated that the required drainage to the point of
discharge and away from the structure is provided at all locations on the site.
Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches
(152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be constructed to
ensure drainage away from the structure. Impervious surfaces within 10 feet (3,048
mm) of the building foundation shall be sloped a minimum of 2 percent away from the
building.
R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation
walls, piers and other permanent supports of buildings and structures shall be protected
from frost by one or more of the following methods:
1. Extended below the frost line specified in Table R301.2.(1).
2. Constructed in accordance with ASCE 32.
3. Erected on solid rock.
Footings shall not bear on frozen soil unless the frozen condition is permanent.
Exceptions:
1. Protection of freestanding accessory structures with an area of 1,000 square feet
or less, of light-frame construction, with an eave height of 10 feet (3,048 mm) or
less shall not be required.
2. Protection of freestanding accessory structures with an area of 400 square feet
(37 m2) or less, of other than light-frame construction, with an eave height of 10
feet (3,048 mm) or less shall not be required.
3. Decks not supported by a dwelling need not be provided with footings that extend
below the frost line.
Table N1102.1.2 – Delete and Replace with Table N1102.1 of the 2009 IRC.
N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements
shall be insulated from the top of the basement wall down to 10ft (3048 mm) below
grade or to the basement floor, whichever is less. Walls associated with unconditioned
basements shall comply with this requirement except where the floor overhead is
insulated in accordance with Section N1102.1.2 and N1102.2.8.
Exception: Exterior basement walls of enclosed mechanical rooms.
N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City.
N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by
the city.
N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City.
The following amendments to the 2018 International Building Code are adopted and
incorporated into the building code:
Section 105.2 Work exempt from permit.
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than
exceed 120 square feet (11 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1 ,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge.
5. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width is not
greater than 2:1.
6. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not
over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are
less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L)
and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swings and other playground equipment
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1 ,372 mm) from the exterior wall
and do not require additional support.
13. Non-fixed and moveable fixtures, case, racks, counters and partitions not
over 5 feet 9 inches (1,753 mm) in height.
Section 107.2.6 Site Plan. The construction documents submitted with the application
for permit shall be accompanied by a site plan showing to scale the size and location of
new construction and existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades and , as applicable, flood
hazard areas, floodways, and design flood elevations, and erosion and sediment
controls and it shall be drawn in accordance with an accurate boundary line survey. In
the case of demolition, the site plan shall show construction to be demolished and the
location and size of existing structures and construction that are to remain on the site or
plot. The building official is authorized to waive or modify the requirement for a site plan
when the application for permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the
application for permit be accompanied by a final drainage plan for all projects involving
one acre or more of land area. The final drainage plan shall conform to the city
approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities
including storm sewers, on-site detention, drainage ways, detention basins and
detention channels shall be designed in compliance with approved engineering design
standards and the Storm Drainage and Technical Criteria Manual and are subject to
approval of the City Engineer.
109.4 Work commencing before permit issuance. Any person who commences
work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to an investigation fee
established by the applicable governing authority that shall be in additio n to the required
permit fees. The minimum investigation fee shall be equal to the amount of the permit
fee required by this code. The payment of such fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty prescribed by law.
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 Occupancies.
2. All R-2 buildings with (5) or fewer dwelling units or congregate living facilities with
16 or few occupants.
Section 1030.3 Maximum height from floor. Emergency escape and rescue openings
shall have the bottom of the clear opening not greater than 48 inches measured from
the floor.
Section 1030.4.2 Ladder and steps. Window wells with a vertical depth of more than
48 inches shall be equipped with an approved permanently affixed ladder or steps.
Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall
project at least 3 inches (76 mm) from the wall and shall be spaced not more than 18
inches (457 mm) on center (o.c.) vertically for the full height of the window well. The
ladder or steps shall not encroach into the required dimensions of the window well by
more than 6 inches (152 mm). The ladder or steps shall not be obstructed by the
emergency escape and rescue opening. Ladders or steps required by this section are
exempt from the stairway requirements of Section 1011.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: March 23, 2021
SECOND READING: April 27, 2021
PUBLISHED: April 30, 2021
CITY OF BROOKINGS
_______________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________________
Bonnie Foster, City Clerk
Ordinance No. 21-009
An Ordinance Amending Article II Of Chapter 22 Of The Code Of Ordinances Of
The City Of Brookings And Pertaining To The Adoption Of The 2018 International
Building Code, The 2018 International Residential Code, The 2018 International
Mechanical Code, The 2018 International Fire Code, And The 2018 International
Existing Building Code With Certain Amendments Thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Sec. 22-31. Adoption.
There is adopted by the City those certain codes known as the 2018 Edition of the
International Building Code, the 2018 International Residential Code, the 2018
International Mechanical Code, the 2018 International Fire Code and the 2018
International Existing Building Code, collectively referred to as the “International
Building Code”, “building code” or “code”. A copy of the building code is on file in the
office of the City Engineer and is available for inspection.
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building
Code adopted by this article and other provisions of city ordinance, state law or rules or
regulations of the city, the provisions of city ordinance, state law or the rules or
regulations of the city shall prevail and be controlling.
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in
section 22-31, shall be defined, except where the context clearly indicates a different
meaning, as follows:
Municipality means the City of Brookings.
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the
executive official in charge, who shall be known as the building official and whose duties
shall be as outlined in the International Building Code adopted in section 22-31.
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by
resolution shall have been paid. No amendment to a permit shall be approved until
the additional fee, if any, resulting from an increase in the estimated cost of the
building or structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or
sewer, a permit may be granted; provided, however, that in such case, a deposit
guaranteeing the abandonment of the water services and guaranteeing the
abandonment of the sewer services shall be deposited at the time of application for
such permit, the deposit to be in an amount to be determined by policy of the utility
board. Such deposit, but not the fees, will be refunded upon completion of the
work or the city will arrange for such work at actual cost, plus ten percent to be paid
from such deposit. The demolition or removal shall be completed within 30 days
after the issuance of the permit. If water and sewer services are to be reused or
new services required for a new structure in the immediate future at the same
location, deposits may be waived by the building official.
Sec. 22-36. Amendments.
The following amendments to the 2018 International Residential Code are adopted and
incorporated into the building code:
Section R105.2 Work exempt from permit. Exemption from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 200
square feet (18.58 m2) 120 square feet (11.15 m2).
2. Fences not over 7 6 feet (2134 mm) (1,829 mm) high.
3. Retaining walls that are not over 4 feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width is not
greater than 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than
54 inches (1,372 mm) from the exterior wall and do not require additional
support.
10. Decks not exceeding 200 square feet (18.58m2) in area, that are not more
than 30 inches (762 mm) above grade at any point, are not attached to a
dwelling and do not serve the exit door required by Section R311.4.
Section R105.5 Expiration. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance or after
commencement of work if more than 180 days pass between inspections. The building
official is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each. The extension shall be requested in writing and justifiable
cause demonstrated.
Exception: Every permit issued shall become invalid 2 years from date of issuance.
Note: This exception puts an expiration date on building permits.
Section R106.2 Site plan or plot plan. The construction documents submitted with the
application for permit shall be accompanied by a site plan showing the size and location
of new construction, erosion and sediment controls in accordance with Chapter 72 of
the Code of Ordinances, lowest allowable building opening, and existing structures on
the site and distances from lot lines. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan where the application for permit is for
alteration or repair or where otherwise warranted.
Note: This code change introduces the requirements of a grading permit per Chapter
72.
Section R108.6 Work commencing before permit issuance. Any person who
commences work requiring a permit on a building, structure, electrical, gas, mechanical
or plumbing system before obtaining the necessary permits shall be subject to a an
investigation fee established by the applicable governing authority that shall be in
addition to the required permit fees. The minimum investigation fee shall be equal to the
amount of the permit fee required by this code. The payment of such fee shall not
exempt any person from compliance with all other provisions of this code nor from any
penalty prescribed by law.
Section R301.2 Climatic and Geographic Design Criteria.
1. Ground Snow Load ................................................ 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm)
shall be designed for a full or unbalanced snow load of not less than 30 pounds per
square foot (1.44kN/square meter) of horizontal projection. Where a roof system is
designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a
surcharge load of not less five pounds per square foot (0.24kN/square meter) in
addition to the required live load due to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall
be designed for a full or unbalanced snow load of not less than 25 pounds per
square foot (1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and
offsets in roofs of uneven configuration shall be considered.
2. Wind Speed ................................................................. 90mph 115 mph
3. Seismic Design Category ............................................ A
4. Weathering .................................................................. Severe
5. Frost Line Depth .......................................................... 42 inches
6. Termite Damage .......................................................... Severe to Moderate
7. Winter Design Temperature......................................... -11 deg Fahrenheit
8. Ice barrier underlayment requirement .......................... Yes
9. Air freezing index ......................................................... 3,000
10. Mean annual temperature ........................................... 46 def Fahrenheit
Section R302.13 Fire protection of floors. Floor assemblies that are not required
elsewhere in this code to be fire-resistance rated shall be provided with a 1/2-inch (12.7
mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane,
or equivalent on the underside of the floor framing member. Penetrations or openings
for duct, vents, electrical outlets, lighting, devices, luminaires, wires, speakers,
drainage, piping and similar openings or penetrations shall be permitted.
Exceptions:
1. Floor assemblies located directly over a space protected be an automatic
sprinkler system in accordance with Section P2904, NFPA 13D, or other
approved equivalent sprinkler system.
2. Floor assemblies located directly over a crawl space not intended for storage or
for the installation of fuel-fired or electric-powered heating appliance.
3. Portions of floor assemblies shall be permitted to be unprotected where
complying with the following:
3.1 The aggregate area of the unprotected portions does not exceed 80
square feet (7.4 m2) per story.
3.2 Fire blocking is accordance with Section R302.11.1 is installed along the
perimeter of the unprotected portion to separate the unprotected portion
from the remainder or the floor assembly.
4. Wood floor assemblies using dimension lumber or structural composite lumber
equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal
dimension, or other approved floor assemblies demonstrating equivalent fire
performance.
5. Floor assemblies installed over an unfinished basement.
Note: Exception 5 clarifies that no fire protection of floors is requires in an unfinished
basement until that basement is finished.
Section R310.2.2 Window sill height. Where a window is provided as the emergency
escape and rescue opening, it shall have a sill height of not more than 44 inches (1118
mm) 48 inches above the floor; where the sill height is below grade, it shall be provided
with a window well in accordance with Section R310.2.3.
Section R310.2.3.1 Ladder and steps. Window wells with a vertical depth greater than
44 inches (1118 mm) 48 inches shall be equipped with a permanently affixed ladder or
steps usable with the window in the fully open position. Ladders or steps required by
this section shall not be required to comply with Sections R311.7 and R311.8. Ladders
or rungs shall have an inside width of not less than 12 inches (305 mm), shall project
not less than 3 inches (76 mm) from the wall and shall be spaced not more than 18
inches (457 mm) on center vertically for the full height of the window well.
Section R310.2.4 Emergency escape windows under decks and porches.
Emergency escape and rescue openings installed under decks and porches shall be
fully openable and provide a path not less than 36 inches (914 mm) 80 inches in height
to a yard or court.
Section R311.7.8.5 Grip-size. Required handrails shall be of one of the following types
or provide equivalent grasp ability.
1. Type I. Handrails with a circular cross section shall have an outside diameter of
not less than 1-1/4 inches (32 mm) and not greater than 2 inches (51 mm). If the
handrail is not circular, it shall have a perimeter of not less than 4 inches (102
mm) and not greater than 6-1/4 inches (160 mm) and a cross section of not more
than 2-1/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch
(0.25 mm).
2. Type II. Handrails with a perimeter greater than 6-1/4 inches (160 mm) shall have
a graspable finger recess area on both sides of the profile. The finger recess
shall be within 3/4 inch (19 mm) measured vertically from the tallest portion of the
profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22
mm) below the widest portion of the profile. This required depth shall continue for
not less than 3/8 inch (10 mm) to a level that is not less than 1-3/4 inches (45
mm) below the tallest portion of the profile. The width of the handrail above the
recess shall be not less than 1-1/4 inches (32 mm) and not more than 2-3/4
inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).
Exception: Exterior stairs not serving required egress door are allowed to have a
horizontal 2x member to form a 1-1/2 inch graspable dimension in lieu of the above
reference perimeter dimensions.
Section R313 Automatic Fire Sprinkler Systems. Not Adopted by the City
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire
sprinkler system shall be installed in townhouses.
Exception: An automatic residential fire sprinkler system shall not be required
where additions or alterations are made to existing townhouses that do not have
an automatic residential fire sprinkler system installed.
R313.1.1 Design and installation. Automatic residential fire sprinkler systems for
townhouses shall be designed and installed in accordance with Section P2904 or NFPA
13D.
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in one- and two-family dwellings.
Exception: An automatic residential fire sprinkler system shall not be required for
additions or alterations to existing buildings that are not already provided with an
automatic residential sprinkler system.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be
designed and installed in accordance with Section P2904 or NFPA 13D.
Note: SD Codified law will not allow any local building code or ordinance to require
building sprinklers in a single family dwelling.
Section R314.3 Location. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable
attics and not including crawl spaces and uninhabitable attics. In dwellings or
dwelling units with split levels and without an intervening door between the
adjacent levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided the lower level is less than one full story below the
upper level.
4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the
door or opening of a bathroom that contains a bathtub or shower unless this
would prevent placement of a smoke alarm required by Section R314.3.
5. A smoke detector installed in a stairwell shall be so located as to ensure that
smoke rising in the stairwell cannot be prevented from reaching the detector by
an intervening door or obstruction.
6. A smoke detector installed to detect a fire in the basement shall be located in
close proximity to the stairway leading to the floor above.
7. The smoke detector installed on a story without a separate sleeping area shall be
located in close proximity to the stairway leading to the floor above.
8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm)
from a wall or on a wall with the top of the detector not less than four inches (102
mm) nor more than 12 inches (305 mm) below the ceiling.
Section R401.1, Application. The provisions of this chapter shall control the design
and construction of the foundation and foundation spaces for buildings. In addition to
the provisions of this chapter, the design and construction of foundations in flood hazard
areas as established by Table R301.2(1) shall meet the provisions of Section R322.
Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions for this chapter shall be permitted to be used for wood
foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. Where interior basement and foundation walls are constructed at intervals not
exceeding 50 feet (15,240 mm).
Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in
accordance with accepted engineering practice.
For new home construction, curb and gutter shall be required to be installed on all sides
of the lot adjacent to the public street right-of-way prior to the issuance of the building
permit, except for pre-existing public streets which do not have curb & gutter.
Section R401.3 Drainage. Surface drainage shall be diverted to a storm sewer
conveyance or other approved point of collection that does not create a hazard. Lots
shall be graded to drain surface water away from foundation walls. The grade shall fall
a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top
of any exterior foundation shall extend above the elevation of the street gutter at point of
discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm)
plus 2 percent. Alternate elevations are permitted subject to the approval of the building
official, provided it can be demonstrated that the required drainage to the point of
discharge and away from the structure is provided at all locations on the site.
Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches
(152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be constructed to
ensure drainage away from the structure. Impervious surfaces within 10 feet (3,048
mm) of the building foundation shall be sloped a minimum of 2 percent away from the
building.
R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation
walls, piers and other permanent supports of buildings and structures shall be protected
from frost by one or more of the following methods:
1. Extended below the frost line specified in Table R301.2.(1).
2. Constructed in accordance with Section R403.3.
3. Constructed in accordance with ASCE 32.
4. Erected on solid rock.
Footings shall not bear on frozen soil unless the frozen condition is permanent.
Exceptions:
1. Protection of freestanding accessory structures with an area of 600 square feet
(56 m2) 1,000 square feet or less, of light-frame construction, with an eave height
of 10 feet (3048 mm) or less shall not be required.
2. Protection of freestanding accessory structures with an area of 400 square feet
(37 m2) or less, of other than light-frame construction, with an eave height of 10
feet (3,048 mm) or less shall not be required.
3. Decks not supported by a dwelling need not be provided with footings that extend
below the frost line.
Note: Board of Appeals (BOA) supported the removal of item 2 due to concerns brought
up by citizens. All new houses build on a shallow protected foundation will require an
engineered design. Exception 1 was modified to 1,000sf in a separate ordinance to
align with the zoning limitations of detached accessory.
Table N1102.1.2 – Delete and Replace with Table N1102.1 of the 2009 IRC.
Note: BOA felt that an increase in wall insulation would add significant cost to a project
with minimal benefit.
N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements
shall be insulated from the top of the basement wall down to 10ft (3,048 mm) below
grade or to the basement floor, whichever is less. Walls associated with unconditioned
basements shall comply with this requirement except where the floor overhead is
insulated in accordance with Section N1102.1.2 and N1102.2.8.
Exception: Exterior basement walls of enclosed mechanical rooms.
Note: The HBA requested that the thermal envelope not extend into an enclosed
mechanical room in a basement due to space limitations, and that there is a redundancy
of insulating the walls when outside air is introduced into the area by either combustion
air or outside air into the return air based on the whole house ventilation requirements.
N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City. The building or dwelling
unit shall be tested and verified as having an air leakage rate of not exceeding five air
changes per hour in Climate Zones 1 and 2, and three air changes per hour in Climate
Zones 3 through 8. Testing shall be conducted in accordance with RESNET/ICC 380,
ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals).
Where required by the building official, testing shall be conducted by an approved third
party. A written report of the results of the test shall be signed by the party conducting
the test and provided to the building official. Testing shall be performed at any time after
creation of all penetrations of the building thermal envelope.
During testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not
sealed, beyond the intended weather stripping or other infiltration control
measures.
2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall
be closed, but not sealed beyond intended infiltration control measures.
3. Interior doors, where installed at the time of the test, shall be open.
4. Exterior or interior terminations for continuous ventilation systems shall be
sealed.
5. Heating and cooling systems, where installed at the time of the test, shall be
turned off.
6. Supply and return registers, where installed at the time of the test, shall be fully
open.
Note: This provision requires the testing of a new dwelling unit to demonstrate the
building’s air tightness. Section N1102.4.1.2 continues to be national mandate of the
IRC to require blower door tests on every new dwelling. This provision specifies that
when the blower door test determines an air infiltration rate of less than 5 air changes
per hour, whole house ventilation is required. Discussions with the HBA agree that there
is no need to incur the cost of a blower door test to determine that today’s dwellings
have an air infiltration rate of less than 5 air changes per hour. As dwelling envelopes
become more air-tight, there is evidence that indoor contaminant levels are rising. Poor
indoor air quality, the inability to rely on openable windows for natural ventilation with
South Dakota’s winters, and the decreasing rates of air-infiltration have led the code to
require mechanical ventilation consisting of bringing in outside air and exhausting inside
air in dwellings. This provision is modified locally to say that whole house ventilation is
not required if a builder chooses to prove by means of a blower door test that the
dwelling exceeds an air infiltration rate of greater than 5 air changes per hour, which by
today’s building practices is a very high rate of infiltration. The HBA considered such a
test as an unwarranted cost to the homeowner and requested that the mandate be
deleted.
N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by
the city. In Climate Zones 3 through 8, where open combustion air ducts provide
combustion air to open combustion fuel-burning appliances, the appliances and
combustion air opening shall be located outside the building thermal envelope or
enclosed in a room that is isolated from inside the thermal envelope. Such rooms shall
be sealed and insulated in accordance with the envelope requirements of Table
N1102.1.2, where the walls, floors and ceilings shall meet a minimum of the basement
wall R-value requirement. The door into the room shall be fully gasketed and any water
lines and ducts in the room insulated in accordance with Section N1103. The
combustion air duct shall be insulated where it passes through conditioned space to an
R-value of not less than R-8.
Exceptions:
1. Direct vent appliances with both intake and exhaust pipes installed continuous to
the outside.
2. Fireplaces and stoves complying with Sections N1102.4.2 and R1006.
Note: This provision to insulate a mechanical room where an outside combustion air
opening is provided to the mechanical room was not supported by the BOA.
N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City. Ducts shall
be pressure tested to determine air leakage by one of the following methods:
1. Rough-in test: Total leakage shall be measured with a pressure differential of 0.1
inch w.g. (25 Pa) across the system, including the manufacturer’s air handler
enclosure if installed at the time of the test. Registers shall be taped or otherwise
sealed during the test.
2. Post construction test: Total leakage shall be measured with a pressure
differential of 0.1 inch w.g. (25 Pa) across the entire system, including the
manufacturer’s air handler enclosure. Registers shall be taped or otherwise
sealed during the test.
Exceptions:
1. A duct air-leakage test shall not be required where the ducts and air handlers are
located entirely within the building thermal envelope.
2. A duct air-leakage test shall not be required for ducts serving heat or energy
recovery ventilators that are not integrated with ducts serving heating or cooling
systems.
A written report of the results of the test shall be signed by the party conducting the test
and provided to the building official.
Note: The testing of duct sealing in a new house would be an expense of
approximately $400 or more. This maintains a local amendment to visually inspect for
air leakage instead of having a testing and balancing company perform the test.
The following amendments to the 2018 International Building Code are adopted and
incorporated into the building code:
Section 105.2 Work exempt from permit.
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area is not greater than
exceed 120 square feet (11 m2).
2. Fences not over 7 6 feet (2134 mm) (1,829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge.
5. Water tanks supported directly upon grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width is not
greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and are not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are
less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L)
and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
11. Swings and other playground equipment accessory to detached one- and
two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1,372 mm) from the exterior wall
and do not require additional support.
13. Non-fixed and moveable fixtures, case, racks, counters and partitions not
over 5 feet 9 inches (1,753 mm) in height.
Section 107.2.6 Site Plan. The construction documents submitted with the application
for permit shall be accompanied by a site plan showing to scale the size and location of
new construction and existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades and, as applicable, flood
hazard areas, floodways, and design flood elevations, and erosion and sediment
controls and it shall be drawn in accordance with an accurate boundary line survey. In
the case of demolition, the site plan shall show construction to be demolished and the
location and size of existing structures and construction that are to remain on the site or
plot. The building official is authorized to waive or modify the requirement for a site plan
when the application for permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the
application for permit be accompanied by a final drainage plan for all projects involving
one acre or more of land area. The final drainage plan shall conform to the city
approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities
including storm sewers, on-site detention, drainage ways, detention basins and
detention channels shall be designed in compliance with approved engineering design
standards and the Storm Drainage and Technical Criteria Manual and are subject to
approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an
application to construct a single-family or two-family dwelling on a lot containing one
acre or more of lot area.
Note: The exception refers to buildings that are not covered by the IBC.
109.4 Work commencing before permit issuance. Any person who commences
work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to a an investigation fee
established by the applicable governing authority that shall be in addition to the required
permit fees. The minimum investigation fee shall be equal to the amount of the permit
fee required by this code. The payment of such fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty prescribed by law.
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R-3 Occupancies.
2. All R-2 buildings with (5) or fewer dwelling units or congregate living facilities with
16 or few occupants.
Note: Exceptions added to align with SD Codified Law.
Section 1030.3 Maximum height from floor. Emergency escape and rescue openings
shall have the bottom of the clear opening not greater than 44 inches (1118 mm) 48
inches measured from the floor.
Section 1030.4.2 Ladder and steps. Window wells with a vertical depth of more than
44 inches (1118 mm) 48 inches shall be equipped with an approved permanently affixed
ladder or steps. Ladders or rungs shall have an inside width of not less than 12 inches
(305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced not
more than 18 inches (457 mm) on center (o.c.) vertically for the full height of the window
well. The ladder or steps shall not encroach into the required dimensions of the window
well by more than 6 inches (152 mm). The ladder or steps shall not be obstructed by
the emergency escape and rescue opening. Ladders or steps required by this section
are exempt from the stairway requirements of Section 1011.
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
Ordinance 21-009
March 23, 2021
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, April 27,2021, in the Brookings City &
County Government Center, 520 3rd Street, Chambers, to consider adoption of a
revision to the City Code of Ordinances, Chapter 22, entitled Ordinance 21-009,
pertaining to the Adoption of the 2018 International Building Codes with Certain
Amendments Thereto. At which time and place all persons interested will be given a
full, fair, and complete hearing thereon. Dated this 16 th day of April, 2021.
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 21-0197,Version:1
Public Hearing and Action on a Temporary Alcohol Application from the Brookings Cubs Baseball
Group for a temporary alcohol license to operate within the City of Brookings, South Dakota for the
Brookings Cubs Baseball Game Season to be held on at Bob Shelden Field, 530 Elm Avenue.
Summary:
Brookings Cubs Baseball Group has applied for a temporary alcohol license to operate within the City
of Brookings, South Dakota for the Brookings Cubs Baseball Games to be held May 1, 17, 19, 21,
22, 23, and 29, June 3, 4, 10, 12, 15, 21 and 24, July 1, 8, 11 and 18, and August 6, 7 and 8 at Bob
Shelden Field, 530 Elm Avenue. All temporary alcohol licenses must be approved by the City
Council through use of a public hearing. All documents have been filed with the City pertaining to
insurance and other licensing requirements.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Legal Notice
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: April 27, 2021
Subject: Temporary Alcohol Application
Brookings Cubs Baseball Group
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
The Brookings Cubs Baseball Group has applied for a Temporary Alcohol License for a
Brookings Cubs Baseball Games to be held on May 1, 17, 19, 21, 22, 23 and 29, June
3, 4, 10, 12, 15, 21 and 24, July 1, 8, 11 and 18, and August 6, 7 and 8 at Bob Shelden
Field, 530 Elm Avenue.
Background:
The Cubs first had a temporary alcohol license for the 2019 Season. They did not apply
for a temporary alcohol license in 2020 due to COVID-19. Dusty Rodiek, Parks,
Recreation and Forestry Director, recommends approval.
All temporary alcohol licenses must be approved by the City Council through use of a
public hearing. All documents have been filed with the City pertaining to insurance and
other licensing requirements.
Legal Consideration:
None.
Strategic Plan Consideration:
None.
Financial Consideration:
As per Resolution 15-066, a Resolution establishing the License Fees for the Issuance
of Special Alcoholic Beverage Licenses in the City of Brookings, there will be a fee
assessed at $50 per event date.
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.
Supporting Documentation:
Legal Notice
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, April 27, 2021, in the Brookings City &
County Government Center, 520 Third Street, to consider a Temporary Alcohol License
Application from the Brookings Cubs Baseball Group, to operate within the City of
Brookings, South Dakota, the following dates: May 1, 17, 19, 21, 22, 23, and 29; June 3,
4, 10 12, 15, 21, and 24; July 1, 8 11, and 18; August 6, 7, and 8 for Brookings Cubs
Baseball Games to be held at Bob Shelden Field, 530 Elm Avenue. At which time and
place all persons interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 19th day of April, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
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 21-035,Version:1
Public Hearing and Action on Resolution 21-035, a Resolution authorizing the City Manager to enter
into an Operating Agreement for an On-Sale Liquor Operating Agreement for Fergen Enterprises,
Inc., dba Ray’s Corner, Mike Fergen, owner, 401 Main St. (Legal description change) Legal
description: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition.
Summary:
The City of Brookings has received an application to transfer an On-Sale Liquor Operating
Agreement for Fergen Enterprises, Inc., dba Ray’s Corner, 401 Main Avenue, to include the property
located at 403 Main Avenue. This transfer is for a legal description change to: East 119 feet of Lot 1,
Lot 2, Block 6, 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 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: April 27, 2021
Subject: On-Sale Liquor Operating Agreement transfer
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application to transfer an On -Sale Liquor
Operating Agreement for Fergen Enterprises, Inc., dba Ray’s Corner, 401 Main Avenue,
to include the property located at 403 Main Avenue. This transfer is for a legal
description change to: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition.
There is no change in ownership. All required documents have been submitted for this
application.
Background:
Mike Fergen purchased the business at 403 Main Avenue in early 2021. The owner’s
plans are to connect the 401 and 403 Main Avenue locations with an internal doorway,
and wish to have their current On-Sale Liquor License cover both properties.
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 21-035
Fergen Enterprises, Inc., dba Ray’s Corner
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 Management
Agreement for Liquor between the City of Brookings and Fergen Enterprises, Inc., dba
Ray’s Corner, Mike Fergen, 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 401
Main Avenue: legal description: East 119 feet of Lot 1, Lot 2, Block 6, 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 27th day of April, 2021.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
ON-SALE LIQUOR OPERATING AGREEMENT
Fergen Enterprises, Inc., dba Ray’s Corner
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 Mike Fergen, owner, Fergen Enterprises, Inc., dba Ray’s Corner,
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:
East 119 feet of Lot 1, Lot 2, Block 6, 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 annual 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 payme nt 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 ($1,000,0 00.00) 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 Manager
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 27th
day of April, 2021.
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 License Transfer (change in legal description)–
Fergen Enterprises, Inc., dba Ray’s Corner
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on April 27, 2021, 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 to transfer (a change in the legal description)
the On-Sale Liquor License for Fergen Enterprises dba Ray’s Corner, Mike
Fergen, owner, 401 Main Ave., Brookings, South Dakota, legal description: East
119 feet of Lot 1, Lot 2, Block 6, 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 19th day of April, 2021.
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 404050060000100
Sec/T wp/Rng --
Pr oper ty Address 401 MAIN AVE
BROOKINGS
Alter na te ID n/a
Class NADC
Acr ea ge n/a
Ow ner Address FERGEN, MIC HAEL S
%FERGEN RENTALS
401 MAIN AVE
BROOKINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption O RIGINAL PL AT ADDN, E 119' OF L OT 1, BL K 6 25 X 119
(Note: Not to be used on leg a l documents)
Date created: 4/20/2021
Last Data Uploa ded: 4/20/2021 8:06:26 AM
118 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
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 21-0193,Version:1
Public Hearing and Action on a request for an On-Off Sale Malt License, with video lottery, for Fergen
Enterprises, Inc., dba Ray’s Corner, Mike Fergen, owner, 401 Main Ave., Suite B, legal description:
East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition, Suite B. Pending permit issuance and
final inspection per the Community Development Dept.
Summary:
The City of Brookings has received an application for an On-Off Sale Malt License, with video lottery,
for Fergen Enterprises, Inc., dba Ray’s Corner, Mike Fergen, 401 Main Ave., Suite B, legal
description: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition, Suite B. All required
documents have been submitted for this application.
The video lottery request will be handled under separate City Council action.
Recommendation:
Staff recommends approval.
Attachments:
Memo
City Attorney Opinion on AR 48:02:11:02
Legal Notice
Proposed Building Plans
Location Map
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 27, 2021
Subject: On-Off Sale Malt License for Ray’s Corner, Suite B
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application for an On-Off Sale Malt License, with
video lottery, for Fergen Enterprises, Inc., dba Ray’s Corner, Mike Fergen, owner, 401
Main Avenue, Suite B. Legal description: East 119 feet of Lot 1, Lot 2, Block 6, Original
Plat Addition, Suite B. All required documents have been submitted for this application.
The video lottery request will be handled under separate City Council action.
Background:
Fergen Enterprises, Inc., dba Ray’s Corner, Mike Fergen, owner, purchased the
business at 403 Main Avenue in March 2021. The owner’s plans are to connect the 401
and 403 locations with an internal doorway, and are wanting an additional On-Off Malt
License for Suite B, to add a separate location within with up to 10 video lottery
machines. Approval would allow for 2 On-Off Malt Licenses at this location, with up to
20 video lottery machines.
A public hearing and action by the local governing body is required to approve all
alcohol licenses. The On-Off Sale Malt License would be effective 2021, and is subject
to an annual renewal. If approved, and following the issuance of the Occupancy Permit
by the Community Development Department, the application would be forwarded to the
State Department of Revenue and SD Video Lottery Office for final acti on and issuance
of the licenses, and would then be subject to annual renewal processes.
Item Details:
Fergen Enterprises, Inc., has applied for an additional On-Off Sale Malt License, with
video lottery, for Suite B, allowing up to 10 additional video lottery machines at this
location. Any licenses approved would be effective pending occupancy permit issuance
and final inspection of the property per the Community Development Department.
This location will undergo some remodeling in order to add Suite B, which will utilize the
second On-Off Malt License, with 10 video lottery machines.
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) 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: 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.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license….shall submit an application to the
governing body of the municipality 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…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…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.
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.
Legal Consideration:
None
Financial Consideration:
There is a $150 Annual On-Off Malt License renewal fee, as well as a $50/machine
annual Video Lottery fee.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Refer to a Study Session
5. Do nothing
Staff recommends approval.
Supporting Documentation:
City Attorney Opinion on AR 48:02:11:02
Legal Notice
Location Map
Proposed Building Plans
Steve Britzman, City Attorney, opinion on AR 48:02:11:02
April 24, 2020
AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons
who hold more than one license for the on-sale consumption of alcoholic beverages
may have machines placed for each license issued provided the following requirements
are met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the
sale and consumption of alcoholic beverages for each establishment
license approved by the lottery;
4) No more than one establishment license is issued to any person for the
same legally described premises contained in the alcoholic beverage
license.
Source: 16 SDR 27, effective August 18, 1989.
General Authority: SDCL 42-7A-21(16).
Law Implemented: SDCL 42-7A-41.
City Attorney Opinion
Subsections 3 and 4 require separate and distinct physical facilities to be maintained
and used for the sale and consumption for each establishment license approved by the
lottery. This would mean each establishment must be able to serve alcoholic beverages
on its own premises from its own equipment, even if they are housed in the same
building with another establishment.
Section 4 requires a separate establishment for each legally described premises. A
legally described premises, in my opinion, means a separate legal description must
pertain to each establishment licensed. A legal description can be created by a
“recorded deed” which has been filed in the office of the Register of Deeds, or a plat
which identifies each establishment with a separate de scription, such as Lot or Parcel A
or Parcel B. A plat must also be recorded in the office of the Register of Deeds to
create a legal description. Until a legal description is recorded, it cannot create a
subdivision of an existing legal description.
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License –
Fergen Enterprises, Inc., dba Ray’s Corner
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on April 27, 2021, 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 issuance of an additional On-Off Sale
Malt License, with Video Lottery, for Fergen Enterprises dba Ray’s Corner, Mike
Fergen, owner, 401 Main Ave., Suite B, Brookings, South Dakota, legal
description: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition, Suite
B. At which time and place all persons interested will be given a full, fair and
complete hearing thereon.
Dated at Brookings, South Dakota, this 19th day of April, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
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 21-0195,Version:1
Public Hearing and Action on a request for Video Lottery for Fergen Enterprises, Inc., dba Ray’s
Corner, Mike Fergen, owner, 401 Main Avenue. Legal description: East 119 feet of Lot 1, Lot 2,
Block 6, Original Plat Addition, Suite B. Pending permit issuance and final inspection per the
Community Development Dept.
Summary:
The City of Brookings has received a request for Video Lottery for Fergen Enterprises, Inc., dba
Ray’s Corner, Mike Fergen, owner, 401 Main Avenue. Legal description: East 119 feet of Lot 1, Lot
2, Block 6, Original Plat Addition, Suite B. All required documents have been submitted.
Recommendation:
Staff recommends approval.
Attachments:
Memo
City Attorney Memo on Video Lottery - 2018.05.02
City Attorney Opinion on AR 48:02:11:02
Video Lottery: SDCL and Administrative Rule
Legal Notice
Proposed Building Plans
Location Map
Current Video Lottery List
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 23, 2021
Subject: Video Lottery for Ray’s Corner, Suite B
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received a request for Video Lottery for Fergen Enterprises,
Inc., dba Ray’s Corner, Mike Fergen, owner, 401 Main Avenue . Legal description: East
119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition, Suite B. All required documents
have been submitted.
Background:
Fergen Enterprises, Inc., Mike Fergen, owner, purchased the adjacent business at 403
Main Avenue in early 2021. The owners plans are to connect the 401 and 403 locations
with an internal doorway, and are wanting an additional On-Off Malt License, with video
lottery, for Suite B, to add a separate location within with up to 10 video lottery
machines. Approval would allow up to 20 video lottery machines at this location.
A public hearing and action by the local governing body is required. If approved, and
following the issuance of the Occupancy Permit by the Community Development
Department, the application would be forwarded to the State Lottery Office for final
action and issuance of the license, and would then be subject to annual renewal
processes.
Item Details:
Mike Fergen has applied for an additional On-Off Malt License, with video lottery, for
Suite B, allowing up to 10 additional video lottery machines at this location. Any
licenses approved would be effective pending occupancy permit issuance and final
inspection of the property per the Community Development Department.
This location will undergo some remodeling in order to add Suite B, which will utilize the
second On-Off Malt License, with 10 video lottery machines. In order to satisfy State
Video Lottery Regulations, there must be separate and distinct physical facilities
maintained and utilized for the sale and consumption of alcoholic beverages for this
separately described premises.
Their plan indicates the separate spaces have been designated, and sales and
consumption of alcoholic beverages are intended to occur at this location within the
building. This would comply with the video lottery requirements if the City Council
approves the additional On-Off Sale Malt Licenses and if the City Council also approves
Video Lottery for this location within the building.
SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in
video lottery licensed establishments. A municipality or county may consider, in
addition to the criteria for the issuance of an on -sale alcoholic beverage license, the
following criteria for authorizing video lottery machine placement in establishments
issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and
(16):
1. The number of establishments currently licensed for video lottery;
2. The proximity of the business to other establishments licensed for video lottery;
3. The type of business and manner in which the applicant proposes to operate it;
4. The location of the business in relation to other businesses, residential areas, or
activities within the same general area;
5. The extent to which minors frequent a business connected to the one proposed;
and
6. The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the
business premises is authorized for video lottery machine placement. An existing vide o
lottery license may not be denied renewal or transfer based upon the criteria set forth in
this section. The lottery may issue a video lottery license to those establishments
certified pursuant to this section. Notwithstanding the above provisions, a cou nty or
municipality may not restrict the number of alcoholic beverage licenses issued under
subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than
those licensed as video lottery establishments on March 1, 1994.
Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex.
Ord. 11-1), § 161, eff. Apr. 12, 2011.
Legal Consideration:
City Council action would allow up to 10 Video Lottery machines for each on-sale malt
beverage license approved, resulting in up to 20 Video Lottery machines for this
location, if approved.
Financial Consideration:
Video Lottery fees: $50 per machine per year.
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:
City Attorney Memo on Video Lottery – 2018.05.02
City Attorney Opinion on AR 48:02:11:02
Video Lottery: SDCL and Administrative Rule
Legal Notice
Location Map
Proposed Building Plan
Current Video Lottery List
Steven J. Britzman
Brookings City Attorney
521 Sixth Street, Suite 104 Telephone (605) 697-9058
Brookings, South Dakota 57006 Facsimile (605) 697-9060
Email: britzmanlaw@brookings.net
_____________________________________________________________
Memorandum
To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari
Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: May 2, 2018
Re: Municipal Regulation of Video Lottery location Pre-empted by State Law
Conclusion: State law does allow a municipality to consider the following criteria for authorizing
video lottery machine placement when issuing an on-sale wine or malt beverage license (no other
type of alcoholic beverage license). The criteria, as fully set forth below, include the number of
establishments currently licensed for video lottery, the proximity of the business to other
establishments licensed for video lottery, the type of business and manner in which the applicant
proposes to operate it, the location of the business in relation to other businesses, residential
areas, or activities within the same general area, the extent to which minors frequent a business
connected to the one proposed, and the effect the proposed business has on economic
development. I believe the final determination is made by the South Dakota lottery, but at least
with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city
can consider these State law criteria with respect to the decision whether to authorize video
lottery machine placement in the proposed establishment. No other City ordinance or Home
Rule Charter provision is applicable to the decision making. Please let me know if you have any
comments or questions concerning this opinion.
Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011),
resolved a number of questions concerning the ability of a municipality to regulate video lottery
and in particular the location of video lottery. The Supreme Court ruled:
It specifically gave only the executive director [of the State Lottery
Commission] the power to approve or disapprove any application for a license.
SDCL 42-7A-57. In doing so, it provided that the director consider the
application’s proposed location…. In only one statute is a municipality given any
power with regard to video lottery. SDCL 42-7A-64 allows a municipality to
consider, when issuing two types of on-sale alcoholic beverage licenses, certain
factors relevant to the placement of video lottery machines. Municipalities,
however, are not given any power to license video lottery establishments, or
otherwise control the location of such establishments. See SDCL 42-7A-64.
[¶14] Based on the character of the obligations imposed by the Legislature,
we see no delegation of power or responsibilities to municipalities and no
entrusting to municipalities the control video lottery. Rather, the statutes place all
burdens upon the State. Thus, we conclude that South Dakota’s legislative video
lottery scheme is sufficiently comprehensive to make reasonable the inference
– 2 – APRIL 20, 2021
2
that the Legislature left no room for supplementary regulation of video lottery by
municipalities. It is immaterial that the City is governed by a home-rule charter or
empowered to enact zoning regulations.
SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic
beverage license and to applicants for malt beverage licenses. In these two limited
circumstances, a municipality may consider, in addition to the criteria for the issuance of an on-
sale wine or malt beverage license, “the following criteria for authorizing video lottery machine
placement issued an on-sale wine or malt beverage license”:
(1) The number of establishments currently licensed for video lottery;
(2) The proximity of the business to other establishments licensed for video lottery;
(3) The type of business and manner in which the applicant proposes to operate it;
(4) The location of the business in relation to other businesses, residential areas,
or activities within the same general area;
(5) The extent to which minors frequent a business connected to the one proposed; and
(6) The effect the proposed business has on economic development.
The Full Text of the Statute is set forth below:
42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed
establishments.
42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery
licensed establishments. A municipality or county may consider, in addition to the criteria for the
issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video
lottery machine placement in establishments issued an on-sale alcoholic beverage license
pursuant to subdivisions 35-4-2(12) and (16):
(1) The number of establishments currently licensed for video lottery;
(2) The proximity of the business to other establishments licensed for video lottery;
(3) The type of business and manner in which the applicant proposes to operate it;
(4) The location of the business in relation to other businesses, residential areas,
or activities within the same general area;
(5) The extent to which minors frequent a business connected to the one proposed; and
(6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business
premises is authorized for video lottery machine placement. An existing video lottery license
may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery
may issue a video lottery license to those establishments certified pursuant to this section.
Notwithstanding the above provisions, a county or municipality may not restrict the number of
alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video
lottery to a number less than those licensed as video lottery establishments on March 1, 1994.
Steve Britzman, City Attorney, opinion on AR 48:02:11:02
April 24, 2020
AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons
who hold more than one license for the on-sale consumption of alcoholic beverages
may have machines placed for each license issued provided the following requirements
are met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the
sale and consumption of alcoholic beverages for each establishment
license approved by the lottery;
4) No more than one establishment license is issued to any person for the
same legally described premises contained in the alcoholic beverage
license.
Source: 16 SDR 27, effective August 18, 1989.
General Authority: SDCL 42-7A-21(16).
Law Implemented: SDCL 42-7A-41.
City Attorney Opinion
Subsections 3 and 4 require separate and distinct physical facilities to be maintained
and used for the sale and consumption for each establishment license approved by the
lottery. This would mean each establishment must be able to serve alcoholic beverages
on its own premises from its own equipment, even if they are housed in the same
building with another establishment.
Section 4 requires a separate establishment for each legally described premises. A
legally described premises, in my opinion, means a separate legal description must
pertain to each establishment licensed. A legal description can be created by a
“recorded deed” which has been filed in the office of the Register of Deeds, or a plat
which identifies each establishment with a separate de scription, such as Lot or Parcel A
or Parcel B. A plat must also be recorded in the office of the Register of Deeds to
create a legal description. Until a legal description is recorded, it cannot create a
subdivision of an existing legal description.
Video Lottery State Statues and Administrative Rule
SDCL 42-7A-1. Definitions. Terms used in this chapter mean:
(6) "Licensed establishment," a bar or lounge owned or managed by an individual,
partnership, corporation, or association licensed to sell alcoholic beverages for
consumption upon the premises where sold;
SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed
pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for
video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge.
For the purposes of this section, a bar or lounge is an enterprise primarily maintained
and operated for the selling, dispensing, and consumption of alcoholic beverages on the
premises and may also include the sale and service of food. A bar or lounge may be
physically connected to another enterprise within the same building, which enterprise
may be owned or operated by the same person. There may be interior access between
a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling
opaque wall separation between the two enterprises. A separation wall may be
constructed to provide visual and physical access for employees from areas in the
building not open to the public. The bar or lounge shall have a separate entrance and
exit. A separate entrance and exit is not required if entrance to the bar may only be
obtained from the other distinct enterprise and the public may not enter the other
enterprise by first passing through the bar or lounge. All video lottery machines shall be
adequately monitored during business hours. Adequate monitoring shall be
accomplished by the personal presence of an employee or by an employee using video
cameras or mirrors and periodic inspections of the bar or lounge. No new license may
be issued to any establishment after July 1, 1992, unless such establishment complies
with this section. No license may be renewed to any establishment after July 1, 1993,
unless such establishment complies with this section.
SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited--
Placement in bar or lounge with on-sale license. The placement of video lottery
machines in licensed establishments shall be subject to the rules of the com mission
promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be
placed in any licensed establishment. The bar or lounge with an on -sale license issued
pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one
years of age or older. The entrance to the area where video lottery machines are
located shall display a sign that the premises are restricted to persons twenty-one years
or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty-
one may only enter the premises where video lottery machines are located provided
they are accompanied by a parent, guardian, or spouse of twenty-one years or older.
42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video
lottery licensed establishments. A municipality or county may consider, in addition to
the criteria for the issuance of an on-sale alcoholic beverage license, the following
criteria for authorizing video lottery machine placement in establishments issued an on-
sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16):
1) The number of establishments currently licensed for video lottery;
2) The proximity of the business to other establishments licensed for video lottery;
3) The type of business and manner in which the applicant proposes to operate it;
4) The location of the business in relation to other businesses, residential areas, or
activities within the same general area;
5) The extent to which minors frequent a business connected to the one proposed;
and
6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the
business premises is authorized for video lottery machine placement. An existing video
lottery license may not be denied renewal or transfer based upon the criteria set forth in
this section. The lottery may issue a video lottery license to those establishments
certified pursuant to this section. Notwithstanding the above provisions, a county or
municipality may not restrict the number of alcoholic beverage licenses issued under
subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than
those licensed as video lottery establishments on March 1, 1994.
Administrative Rules:
48:02:11:01. Location of machines in establishment. All video lottery machines in
licensed establishments must be physically located as follows:
1) In the sight and control of the owner, manager, or an employee of the licensed
establishment from the location at which alcoholic beverages are dispensed;
2) In an area where alcoholic beverages are regularly dispensed and consumed in
the ordinary and usual course of business;
3) In an area that ensures public access to the machines is restricted to persons
legally entitled by age to be on the premises;
4) In an area which is at all times monitored by the owner, manager, or employee of
the licensed establishment to prevent access or play of video lottery machines by
persons under the age of 21.
48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who
hold more than one license for the on-sale consumption of alcoholic beverages may
have machines placed for each license issued provided the following requirements are
met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the sale
and consumption of alcoholic beverages for each establishment license
approved by the lottery;
4) No more than one establishment license is issued to any person for the same
legally described premises contained in the alcoholic beverage license.
48:02:05:05. Duties of licensed establishments. Specific duties of owners,
managers, and designated employees of licensed establishments are as follows:
1) Provide a secure premise for the placement, operation, and play of video lottery
machines;
2) Permit no one to tamper with or interfere with the approved operation of any
video lottery machine;
3) Ensure that communication lines to the video lottery machines are at all times
connected and prevent any person from tampering or interfering with the
approved, continuing operation of the lines;
4) Contract only with persons authorized under this title to directly share in
revenues generated from net machine income;
5) Ensure that video lottery machines are placed and remain as placed within the
sight and control of the owner, manager, or designated employee while engaging
in the actual dispensing of alcoholic beverages from the location where alcoholic
beverages are dispensed;
6) Ensure that video lottery machines are placed and remain as placed in the
specific area of the licensed establishment where alcoholic beverages are
regularly dispensed and consumed in the ordinary and usual course of business;
7) Monitor video lottery machines to prevent access to or play by persons who are
under the age of 21 years or who are visibly intoxicated;
8) Commit no violations of the laws of this state concerning the sale, dispensing,
and consumption on premises of alcoholic beverages that results in suspension
or revocation of its license;
9) Maintain at all times change and cash in the denominations accepted by the
video lottery machines located in the establishment;
10) Extend no credit for video lottery machine play;
11) Pay all credits upon presentment of a valid winning ticket in accordance with
SDCL 42-7A-37 and chapter 48:02:12;
12) Exercise caution and good judgment in providing cash for checks presented for
video lottery machine play;
13) Report promptly all malfunctions of video lottery machines to the operator and
notify the lottery of an operator's failure to provide service and repair of machines
and associated equipment as required under this title;
14) Conduct advertising and promotional activities of the video lottery in acc ordance
with decency, dignity, honesty, and good taste so that it does not reflect
adversely on the lottery or the state of South Dakota;
15) Install, post, and display prominently at locations within or about the premises
signs, redemption information, and other promotional material as required by the
lottery. Use of the trademarked video lottery logo must be approved by the
lottery;
16) Immediately notify operators of all out-of-service machines; and
17) Immediately notify the lottery of an operator's failure to respond within 24 hours
after notice to the operator of an out-of-service machine.
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License –
Fergen Enterprises, Inc., dba Ray’s Corner
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on April 27, 2021, 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 issuance of an additional On-Off Sale
Malt License, with Video Lottery, for Fergen Enterprises dba Ray’s Corner, Mike
Fergen, owner, 401 Main Ave., Suite B, Brookings, South Dakota, legal
description: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition, Suite
B. At which time and place all persons interested will be given a full, fair and
complete hearing thereon.
Dated at Brookings, South Dakota, this 19th day of April, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
# Video
Business Owner Lottery Machines
1 BP of Brookings, Inc., Suite 1 Lance Park/Dan Park 10
2 BP of Brookings, Inc. Suite 2 Lance Park/Dan Park 10
3 Buffalo Wild Wings Bar & Grill Todd & Susan LaHaise 2
4 Carpy's Pub George Faehnrich 10
5 Casino 2000 Brooks Behrend 10
6 Corner Pantry (MG Oil) MG Oil Co/Marlyn Erickson 10
7 Cubby's Sports Bar & Grill (GDT Inc.) Gus Theodosopoulos 7
8 Danny's David Olson 10
9 The Depot Mike McClemans 10
10 Deuces Casino, Suite 105A (Common
Wealth Gaming & Holdings, Co.)
Bryant Soberg & Kirby
Muilenburg
10
11 Deuces Casino, Suite 105B (Common
Wealth Gaming & Holdings, Co.)
Bryant Soberg & Kirby
Muilenburg
10
12 Deuces Casino, Suite 105C (Common
Wealth Gaming & Holdings, Co.)
Bryant Soberg & Kirby
Muilenburg
10
13 4 Aces Casino (SVK Properties), Suite A Todd Voss 10
14 4 Aces Casino (SVK Properties), Suite B Todd Voss 10
15 4 Aces Casino (SVK Properties), Suite C Todd Voss 10
16 Jim's Tap Don Urquhart 3
17 The Lanes (MG Oil Co. ) MG Oil Co/Marlyn Erickson 10
18 The Lanes (MG Oil Co.), Suite B MG Oil Co/Marlyn Erickson 10
19 The Lanes(MG Oil Co.) , Suite C MG Oil Co/Marlyn Erickson 10
20 The Lodge (Den Wil Hospitality Group, Inc.) Dennis Bielfeldt 3
21 Main Street Pub Garner Hansen 4
22 9 Bar Nightclub (Nine Inc.) Gus Theodosopoulos 5
23 Pints & Quarts Kevin Raab 3
24 PNP Pub (Schoon's Pub Inc.) Schoon's Pub Inc/Jon
Schoon
10
25 Ray's Corner (Fergen Enterprises Inc.) Mike Fergen 10
26 Schoon's Pump N' Pak South (Schoon's
Properties Inc.)
Schoon's Pub Inc/Jon
Schoon
10
27 Skinner's Pub Greg & Shari Thornes 9
28 South Main Casino & Pub (SVK Properties,
LLC)
Todd Voss 10
29 Sully's Irish Pub (B&L Sullivan Inc.) Brennan & Lori Sullivan 7
30 VFW Geo Dokken Post 2118 Darwin Tolzen 3
31 The Wild Hare (Wonder, Inc.) T.Voss, D. Kneip, G. Kneip 10
TOTAL 256
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 21-032,Version:1
Public Hearing and Action on Resolution 21-032, a Resolution amending the 2040 Comprehensive
Plan's Future Land Use Map.
Summary:
This resolution will amend the 2040 Comprehensive Plan’s Future Land Use Map for an eight-acre
parcel of land located near the intersection of 22nd Avenue South and 26th Street South. Amending
the Future Land Use Map from Medium Density Residential (MDR) to Urban Medium Intensity (UMI)
will help support a potential rezone for a shared bus facility currently being planned by the Brookings
School District and Brookings Area Transit Authority.
Recommendation:
The Planning Commission voted 7-0 recommending approval of the amendment.
Attachments:
Resolution
Notice
Memo
Planning Commission Minutes
Aerial Map
Future Land Use Map
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Council Meeting: April 27, 2021
Subject: Resolution 21-032, a Resolution amending the 2040
Comprehensive Plan's Future Land Use Map
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
This resolution will amend the 2040 Comprehensive Plan’s Future Land Use Map for an
eight-acre parcel of land located near the intersection of 22 nd Avenue South and 26th
Street South. Amending the Future Land Use Map from Medium Density Residential
(MDR) to Urban Medium Intensity (UMI) will help support a potential rezone for a shared
bus facility currently being planned by the Brookings School District and Brookings Area
Transit Authority.
Background:
The Brookings School District acquired a parcel of land located near 22nd Avenue South
and 26th Street South (north of the Southbrook Softball Complex) in 2019 for future
facility needs. The school district has since been working with Brookings Area Transit
Authority on a possible plan for a new shared bus storage and maintenance facility at
this location. Offices would also be included to support the facility’s operations.
Additionally, the facility could serve as a new bus terminal for regional bus services. In
order to proceed, a rezone to a business or industrial zoning district is needed.
Item Details:
The lot is currently zoned Agriculture (A) District and located in a Medium Density
Residential (MDR) land use area according to the Future Land Use Map. This future
land use classification would support rezoning from Agriculture to Residential zoning
districts only. Therefore, the applicant is requesting an amendment to the Future Land
Use Map to a land use classification more supportive of the proposed use and zoning
needs.
Two potential land use classifications were considered for this request. The project
would replace current School District and Brookings Area Transit Authority bus facilities
located separately in areas classified as Civic (C) on the Future Land Use Map and
zoned R1-B and I-1 respectively. This land use classification was considered for the
potential new facility, however, this option is more supported in industrial areas. Another
option is to amend the future land use classification to Urban Medium Intensity (UMI),
which would support a rezone to districts favorable for this type of use but not
supportive of industrial zones or uses.
Legal Consideration:
None
Strategic Plan Consideration:
Fiscal Responsibility, Service and Innovation Excellence, and Sustainability
Amending the Future Land Use Map for this project would support an investment in a
potential new public facility as well as support the Brookings School District and
Brookings Area Transit Authority in their grant application to help offset local costs for
the facility. The project overall intends to improve the services provided by the School
District and Transit Authority by strategically locating a new shared facility to meet both
organizations’ long term needs. A future land use map amendment and subsequent
rezone would support these efforts.
Financial Consideration:
None
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
The Planning Commission voted 7-0 recommending approval of the amendment to the
Future Land Use Map from Medium Density Residential to Urban Medium Intensity.
Supporting Documentation:
Resolution
Notice
Planning Commission Minutes
Aerial Map
Future Land Use Map
Resolution 21-032
A Resolution Amending the Brookings, South Dakota Comprehensive Plan 2040
Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future
Land Use Map, projects population figures for the planning period, and describes an
integrated land use vision for the City; and
Whereas, the owner of property legally described as Tract 1 of Mendel Family Addition to
the City of Brookings, Brookings County, South Dakota wishes to amend the Future Land
Use Map for the described area from Medium Density Residential (MDR) to Urban
Medium Intensity (UMI); and
Whereas, the City Council of the City of Brookings, SD held a public hearing in
accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use Map
of the Brookings, South Dakota Comprehensive Plan 2040; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the amendment to the Future Land Use Map of the Brookings, South Dakota
Comprehensive Plan 2040 in accordance with SDCL 11-6-17;
Now Therefore, Be It Resolved that said amendment to the Future Land Use Map of the
Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of
Brookings.
Dated this 27th day of April, 2021.
CITY OF BROOKINGS
___________________________
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 AN AMENDMENT TO THE
2040 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public
hearing on an amendment to the 2040 Comprehensive Plan for the City of
Brookings pertaining to the future land use plan.
NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00
PM on Tuesday, April 27, 2021 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 16th day of April, 2021.
______________________________
Bonnie Foster
City Clerk
Planning Commission
Brookings, South Dakota
March 2, 2021
OFFICIAL MINUTES
Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on
Tuesday March 2, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, Greg Fargen, Jacob Mills, Jason
Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and James
Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller,
City Engineer Jackie Lanning, James Drew, Gaylor Woods - 1335 5th Street, Kathy Larsen – 1347 5th
Street, Ms. Squires, Patty Dexter, Tyler Samuelson, Matt Kurtenbach, BMU Engineering Supervisor
Chad Bachman, Brookings School District Superintendent Klint Willert, BATA Director Brenda
Schwitzer and others.
Item #4d – Amendment to the Future Land Use Map.
(Pierce/Mills) Motion to approve the amendment to the Future Land Use Map. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #4d – Miller explained that there is a parcel near 22nd Avenue South and 26th Street South (just
north of the softball complex) that the school district owns. This land is currently zoned Agricultural
in a Medium Density Residential land use area according to the future land use map. The future land
use classification would support rezoning from A to residential zoning districts only. Because of this,
the applicant is requesting an amendment to the future land use map. The school would like to
possibly build a bus storage and maintenance facility that will be utilized by Brookings School District
and Brookings Area Transit Authority. Options to consider for amending this parcel on the future land
use map include Civic and Urban Medium Intensity land use classifications. A Civic land use
classification would support a rezoning to any zoning district that would allow this type of use,
however, the comprehensive plan suggests this type of use only in industrial areas. The Urban Medium
Intensity land use classification would support a rezoning to a B-2 District, which would permit a
public transportation facility.
After City staff reviewed the requests, staff recommends amending the future land use classification
from Medium Density Residential to Medium Urban Intensity.
The school district feels that this is a wise way to utilize tax payer dollars and improve the
transportation system in Brookings. Schwitzer also feels that this is a positive for the community.
22n d Ave S & 26th St S
297 ft
Master Map
master map of GIS DATA
BrookingsCityLimits
FLU_RDG
Urban Reserve (UR)
Low Density
Residential (LDR)
Medium Density
Residential (MDR)
High Density
Residential (HDR)
Manufactured Home
Court (MHC)
Urban Low Intensity
(ULI)
Urban Medium
Intensity (UMI)
Urban High Intensity
(UHI)
Urban Strategy Area
Park (P)
Open/Wetlands
(O/W)
Open/Floodplain
(O/F)
Public Facilities (PF)
Civic (C)
600ft
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 21-0041,Version:1
Action on a Preliminary Plat for Lots 1-7, Block 1 in Moriarty Square Addition.
Summary:
A preliminary plat has been submitted for Moriarty Square Addition, a 7 lot subdivision located on a
13.5 acres.
Recommendation
The Planning Commission voted 7-2 approving the preliminary plat on January 5, 2021.
Attachments:
Memo
Notice
Planning Commission Minutes
Preliminary Plat
Area Map
Zoning Map
City of Brookings Printed on 4/22/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021
Subject: Preliminary Plat for Lots 1-7, Block 1 in Moriarty Square
Addition
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
A preliminary plat has been submitted for Moriarty Square Addition, a 7-lot subdivision
located on a 13.5 acres.
Background:
Sioux Empire Development Corp. has submitted a preliminary plat for Moriarty Square
Addition. The property is located south of the Highway 14 bypass between Western
Avenue and the Highway 14 split.
The property is zoned B-3 heavy business district. The proposed use is for contractor
shop condominiums for individual sale/lease. Lots, setbacks, and proposed uses all
satisfy the requirements for a B-3 Zoning District.
Access would be off Highway 14 and managed by the South Dakota Department of
Transportation (SDDOT). New roads, driveways, alleyways, etc., will be privately
constructed and maintained. The project intends to use rural water and install sewage
holding tanks. A proposed 30-foot drainage easement runs north-south through the
parcel.
Item Details:
The Moriarty Square Addition plat was initially reviewed by the Planning Commission in
December 2020 and tabled due to the proposed sanitary holding tanks. The Planning
Commission approved the plat 7-2 in January 2021. The plat is able to utilize sanitary
holding tanks due to the lack of City sewer lines within the set distance required for
hookup to City sewer. A preliminary drainage plan has been complete.
Legal Consideration:
None
Financial Consideration:
None
Strategic Plan Consideration:
The proposed plat is consistent with the comprehensive plan’s land use plan as well as
the strategic plan, specifically promoting economic expansion of retail, commercial, and
industrial uses by providing additional spaces for contractors and services .
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 work session
5. Do nothing
The Planning Commission voted 7-2 recommending approval of the preliminary plat.
Supporting Documentation:
Memo
Notice
Planning Commission Minutes
Preliminary Plat
Aerial Map
Zoning Map
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.
NOTICE OF HEARING ON A PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN that Sioux Empire Development Corp. has submitted a
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
OUTLOTS, OL 2 EXC. W 200'& EXC N300'E230' W430'; LOTS 1 & 2 OF OL 2 OF
NE1/4 EXC LOT H-1 SEC 22-110-50
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, December 1, 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 action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 20th day of November, 2020.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
January 5, 2021
OFFICIAL MINUTES
Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on
Tuesday January 5, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of
the City & County Government Center. Members present were Tanner Aiken , Ashley Biggar,
James Drew, Greg Fargen, Jason Meusburger, Jacob Mills, Lee Ann Pierce, Eric Rasmussen and
Jorgenson. Also present were City Planner Ryan Miller, City Engineer Jackie Lanning, David
Kneip, and others.
Item #4a - Sioux Empire Development Corporation has submitted a preliminary plat of Lots 1-
7, Block 1 in Moriarty Square Addition.
(Mills/Rasmussen) Motion to remove from the table. All present voted aye. MOTION
CARRIED.
(Mills/Biggar) Motion to approve the preliminary plat contingent upon an approved preliminary
drainage plan. (Motion was made at the December 1, 2020 meeting.)
(Drew/Rasmussen) Amendment to the main motion to approve the Preliminary Plat with the
requirement of a Developer Maintenance Agreement to be filed with the Register of Deeds. All
present voted aye. AMENDMENT CARRIED.
Original motion as amended was voted on. Pierce and Meusburger voted no. All others voted
yes. AMENDED MOTION CARRIED.
Item #4a – This item was introduced at the December meeting and tabled at that time. This
property is zoned B-3 and contractor shops is the intention for these lots. Access to these lots
will be off of Highway 14. The utility plan for the proposed plat would be using rural water in
addition to sewage holding tanks in place of municipal utilities. Brookings Municipal Utilities
does have a requirement to hookup and utilize municipal utilities if the parcel is not within 200
feet of an existing line and this parcel is nearly 1,000 feet from an existing line. A drainage plan
is pending review and will be a contingency to the approval of the preliminary plat.
David Kneip, representing the applicant, noted that this property is not in the Flood Plain, work
has been complete and the LOMA is currently in process. Some changes have been made to the
original plan and they will apply a Homeowners Association to this property. The holding tanks
will be poly tanks and will be installed and sealed with caps. The emptying of the tanks will be
part of the Homeowners Association and he anticipates that the tanks will be cleaned annually.
Drew feels that a Maintenance Agreement should be required and filed with the Register of
Deeds. Pierce likes the idea that is being proposed but she doesn’t feel that this is a good plan to
allow the installation of holding tanks so she will not be voting in favor of this. Mills appreciates
that the applicants brought additional details forward at this meeting. He still feels that exploring
the installation of a lift station as a possibility as this is a challenging parcel to connect to city
sewer. Mills noted that the main parcel is within the 400 feet of utilities but the commission is
allowing the applicant to subdivide it and create the more than 400 foot distance.
36'' ST3'' W3'' W3'' W247.05'225.00'323.85'
33' STAT.
SECTION LINE
R.O.W.LOT H1
OUTLOT 2GFEMA ZONE AE BOUNDARYFEMA FLOODWAY BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYSECTION LINE3'' W3'' W3'' W3'' W3'' W196.04'325.20'198.83'245.11'144.88'245.49'195.05'
196.70'
197.68'
199.34'245.12'167.07'124.51'
124.50'
124.50'
124.50'245.03'225.00'168.17'145.02'164,070 SF230,519 SF348,658 SF428,012 SF520,869 SF628,573 SF748,236 SFHORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH (4001)VERTICAL DATUM: - NAVD 88 - GEOID 03ALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETLEGENDMONUMENT (FOUND)EXISTING CONTOURS1600EXISTING PROPERTY LINEPROPOSED PROPERTY LINEEXISTING WATER LINEWNEW WATER LINEWEXISTING UNDERGROUND ELECTRIC LINEUGEEXISTING FIBER OPTIC LINEUGFEXISTING TELEPHONE LINEUGTMONUMENT SET THIS SURVEYNEW SANITARY LINESEXISTING STORM LINESTNEW DROP INLETNEW SANITARY MANHOLENEW FIRE HYDRANTNEW CURB STOPSEXISTING SANITARY MANHOLESPROPOSED CONTOURS1600COEXISTING SANITARY CLEANOUTBMBENCHMARKEXISTING SANITARY LINESNEW STORM LINESTFEMA ZONE BOUNDARYUS HWY 14 BYPASSNEW SEWAGE TANKUTILITY EASEMENT (UE)ALL USES20 FEET5 FEET*20 FEET*45 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-3* A 50-FOOT LANDSCAPED AREA SHALL BE REQUIRED BETWEEN AN ABUTTING RESIDENTIAL DISTRICTBOUNDARY LINE AND ANY STRUCTURE, ACCESS DRIVE, PARKING LOT OR OTHER ACCESSORY USE.ZONING REGULATIONS:F:\06780-00-16\Design Phase\CADD\Sheet File\Moriarty Square Preliminary Plat.dwg;11/20/2020 12:52 PM
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FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBJDBDECEMBER 202006780-16PRELIMINARY PLAT
MORIARTY SQUARE ADDITION
BROOKINGS, SOUTH DAKOTA
1PRELIMINARY PLATLOTS 1 TO 7 IN BLOCK 1 MORIARTY SQUARE ADDITIONIN SECTION 22-T110N-R50W, BROOKINGS COUNTY, SOUTH DAKOTAOWNER INFORMATIONSIOUX EMPIRE DEVELOPMENT CORP.PAUL E MORIARTY603 MAIN AVENUEBROOKINGS, SD 57006NAT'L FLOOD INSURANCE PROGRAMMAP PANEL NO. 46011C0430CDATE: JULY 16, 2008ZONE:"AE" SPECIAL FLOOD HAZARD AREA WITH BFEZONE:REGULATORY FLOODWAYFLOOD ZONE DESIGNATIONACCESS EASEMENT (AE)DRAINAGE EASEMENT (DE)0 40 80 FT 30' AE15' AE30' AE80' AE100' AE15' AEDRAINAGE ESMT30' UE/DEN300' OF E230' OF W430' OFOUTLOT 2 EXC. H-1LOT 2 OUTLOT 2NE1/4 SEC. 22-T110N-R50WDELINEATED WETLANDWETLANDWETLANDENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605)692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, LSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALOL 2 EXC. W200' & EXC. N30' E230'W430' IN NE 1/4 SEC 22-T110N-R50W
36'' ST247.05'225.00'323.85'
33' STAT.
SECTION LINE
R.O.W.LOT H1
OUTLOT 2GFEMA ZONE AE BOUNDARYFEMA FLOODWAY BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYFEMA ZONE AE BOUNDARYFEMA ZONE X BOUNDARYSECTION LINE196.04'325.20'198.83'245.11'144.88'245.49'195.05'
196.70'
197.68'
199.34'245.12'167.07'124.51'
124.50'
124.50'
124.50'245.03'225.00'168.17'145.02'164,070 SF230,519 SF348,658 SF428,012 SF520,869 SF628,573 SF748,236 SF160116061607160716061600160616011604 1604 160116061605160416061606160716031607160216071601HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH (4001)VERTICAL DATUM: - NAVD 88 - GEOID 03ALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETUTILITY EASEMENT (UE)F:\06780-00-16\Design Phase\CADD\Sheet File\Moriarty Square Preliminary Plat.dwg;11/20/2020 12:52 PM
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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 21-033,Version:1
Action on Resolution 21-033, a Resolution Adopting the Brookings Historic Preservation Plan.
Summary:
Resolution 21-033 will adopt the Brookings Historic Preservation Plan. The Historic Preservation
Plan is the culmination of the work provided by the consulting team of Winter & Company, Brookings
Historic Preservation Commission, and members of the community. The plan provides guidance to
the community, property owners, Brookings Historic Preservation Commission, and staff in an effort
to preserve the historic resources of the community.
Recommendation:
The Brookings Historic Preservation Commission voted 6 - 0 recommending adoption of the
Brookings Historic Preservation Plan.
Attachments:
Memo
Resolution
Historic Preservation Plan
Implementation Matrix
Existing Conditions Report
Minutes
City of Brookings Printed on 4/22/2021Page 1 of 1
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: April 27, 2021
Subject: Historic Preservation Plan
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
This resolution will adopt the Brookings Historic Preservation Plan.
Background:
The Brookings Historic Preservation Commission has been working on an update to the
Historic Preservation Plan, which was last updated in 1999. The City of Brookings
entered into a contract with Winter & Company in September 2019 to complete an
update to the Historic Preservation Plan.
Phase I of the preservation update consisted of performing an existing conditions
analysis, whereby the consultants toured historic districts, reviewed existing plans,
policies, processes, etc. and provided an analysis of the conditions as well as
suggestions on areas of improvements, examples from other localities,
acknowledgement of policies, processes, and initiatives working well for the community.
Phase II of the Preservation Plan consisted of a public workshop in February 2020 to
gain input and feedback from the community. This workshop helped the consultants
prioritize important issues to the community and further explore those opportunities and
identify areas for incorporation. A second public workshop was held virtually in
September 2020 due to the pandemic. The virtual workshop provide community
members the opportunity to prioritize goals, polices, and strategies for implementation.
This workshop lead to the development of the Implementation Matrix which will provide
a road map for the Historic Preservation Commission from a work plan perspective as
well as provide opportunities for funding and partnership development.
Phase III of the Preservation Plan update involved the drafting of the plan based upon
the outcomes from the Existing Conditions Report, and the public workshops. The draft
was provided to the Brookings Historic Preservation Commission and State Historic
Preservation Office for their review and comments.
Item Details:
The Brookings Historic Preservation Commission and the consulting team from Winter
& Company have completed the Historic Preservation Plan update. The Historic
Preservation Plan provides guidance to the community, property owners, Brookings
Historic Preservation Commission, and staff in an effort to preserve the historic
resources of the community.
This resolution will formally adopt the Historic Preservation Plan for the City of
Brookings and allow the community to move forward with goals, policies, and strategies
identified within the plan.
Legal Consideration:
None.
Strategic Plan Consideration:
Adoption of the Historic Preservation Plan is consistent with 2021 - 2026 Strategic Plan
Area #4 Sustainability as it provides guidance and direction for the preservation of
historic resources in the community.
Financial Consideration:
The City entered into a contract with Winter & Company in an amount of $62,515 of
which approximately $40,000 is covered by a grant with the remainder budgeted.
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
Brookings Historic Preservation Commission voted 6 – 0 recommending adoption of the
Historic Preservation Plan.
Supporting Documentation:
Resolution
Historic Preservation Plan
Implementation Matrix
Existing Conditions Report
Minutes
Resolution 21-033
A Resolution Adopting the Brookings Historic Preservation Plan
Whereas, the City Council of the City of Brookings, SD held a public hearing on the
proposed Brookings Historic Preservation Plan for the City; and
Whereas, the Historic Preservation Plan provides goals, policies, and strategies for
preserving the historic resources of the community; and
Whereas, the Brookings Historic Preservation Commission has recommended approval
of the Brookings Historic Preservation Plan.
Now, Therefore, Be It Resolved that the Brookings Historic Preservation Plan is hereby
adopted for the City of Brookings, with said plan to supersede the previous Brookings
Historic Preservation Plan 1999. The Brookings Historic Preservation Plan shall be on
file in the office of the City Clerk and is available for public inspection by any interested
person.
Passed this 27th day of April, 2021.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings, SD
HISTORIC PRESERVATION PLAN
Final Draft | February 2021
ACKNOWLEDGMENTSThanks to the community for participating in workshops and on-line surveys.
Historic Preservation Commission MembersJessica Garcia-Fritz, Chair (2021), Vice Chair (2020)Janet Merriman, Chair (2020)Matthew Weise, Vice Chair (2021)Angela BoersmaJanet GritznerGreg HeibergerTom Thaden
StaffMike Struck, Community Development DirectorRyan Miller, City Planner
Past ContributionsCarrie Kuhl, Historic Preservation CommissionAndrew Royer, Historic Preservation CommissionStaci Bungard, City Planner
Consultant TeamWinter & Company Noré Winter Marcia Boyle
Each image in the document includes a caption with the address and whether it is part of a historic district. Parenthesis follow and include the source of the image, and a date, if available. Images with ‘W&Co’ in the parenthesis were taken during the project by the consultant team, Winter & Company.
Photo credits for images on the cover of the Plan. Top image: A view down Main Street, now part of the Main Street Historic District (SD Digital Archives); Bottom left image: Chicago and Northwestern Railroad Depot, 111 Main Ave, a contributing structure in the Commercial Historic District (SD Digital Archives); Bottom right image: 413 1st Street South, a contributing building in the Sexauer Seed Historic District (W&Co, 2020); Middle right image: 903 4th Street, a contributing property in the Central Residential Historic District (W&Co, 2020).
TABLE OF CONTENTS
CHAPTER 1Introduction .................................................................................................1
Plan Overview ........................................................................................................................1
Plan Background ....................................................................................................................2
Vision for Preservation in Brookings ......................................................................................3
The Role of the Historic Preservation Plan ............................................................................4
CHAPTER 2History of Brookings ..................................................................................5
CHAPTER 3Preservation Background ...........................................................................9
Preservation in Brookings ......................................................................................................9
What is Historic Preservation? ..............................................................................................9
Benefits of Historic Preservation ...........................................................................................10
Relationship to Community Initiatives and Policies ...............................................................13
Who Engages in Preservation? .............................................................................................13
CHAPTER 4Brookings Historic Preservation Program Today ........................................15
Certified Local Government ..................................................................................................15
Preservation Program Components and Issues ....................................................................16
Identification ..........................................................................................................................17
Management Tools .................................................................................................................27
Incentives and Benefits ..........................................................................................................37
Education ...............................................................................................................................42
Advocacy ................................................................................................................................47
Administration ........................................................................................................................52
CHAPTER 5Program Goals ............................................................................................55
Vision for Preservation in Brookings .....................................................................................55
Overall Goals, Policies and Actions .......................................................................................57
Identification Component ......................................................................................................59
Management Tools Component ............................................................................................60
Incentives and Benefits Component ......................................................................................62
Education Component ...........................................................................................................64
Advocacy and Partnerships Component ...............................................................................66
Administration Component ...................................................................................................68
CHAPTER 6Implementation ...........................................................................................69
Implementation Table ............................................................................................................69
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Final Draft: February 2021 1
CHAPTER 1
Brookings is a special place with a unique identity that is enriched by its historic and cultural resources. This Preservation Plan defines the community’s vision for the preservation of those resources and sets forth related goals, policies and actions. This set of tools creates a framework for action for the City, the Brookings Historic Preservation Commission and other groups with interests in protecting and enjoy-ing the city’s historic resources. The plan approaches historic preservation as an integral component of community development and livability. It touches on many subjects that appear in City planning documents, including the comprehensive plan, while presenting additional program-specific actions related to the components of a complete preservation program. It builds on work completed by preservation professionals and community volun-teers in workshops, online surveys, stakeholder focus group meetings and study sessions with the Brookings Historic Preservation Commis-sion.
Plan OverviewThis Preservation Plan, an update to the original plan written in 1999, sets forth the vision, goals, policies and actions directed at en-hancing the quality of life, economic vitality and sense of place in the city. It includes information about the current program, identifies the benefits of historic preservation and discusses the types of resources that exist in Brookings. This information serves as a foundation for establishing priorities for action that are identified in the implemen-tation strategy. This plan is organized into a range of topics that describe the essen-tial components of a dynamic preservation program, including how historic resources are identified and how best practices in good stew-ardship can be promoted. In each of these topic categories, existing conditions are described, best practices are noted and current issues related to the program are described.
INTRODUCTION
502 6th Ave, a contributing building in the Central Residential Historic District. (W&Co, 2020)
Brookings High School building (SD Digital Archives)
The Depot Building, 111 Main Ave, a contributing structure in the Commercial Historic District (SD Digital Archives)
2 Brookings Historic Preservation Plan
Plan BackgroundBrookings has a well-established preservation program that enjoys support from citizens and a variety of organizations. While the pro-gram has been part of the community for decades, the City recogniz-es it could be strengthened and expanded, as the program is a key ingredient in community well-being and livability. Noteworthy land-marks, such as the County Courthouse and Railroad Depot, along with numerous National Register districts, symbolize the community’s heritage. Some parks, sites and other structures are valued for their historic significance. In many parts of the city, entire neighborhoods maintain their histor-ic character and provide places to live today while retaining a sense of the past. Other older neighborhoods with traditional buildings also contribute to the sense of place, even though they may not have historic significance. These areas, both residential and commercial, enhance the city’s quality of life. Many historic resources are formally recognized as individual land-marks and as contributors to historic districts. Others remain to be identified as having historic significance and still others, while known to be of historic value, have not been formally designated.While historic resources are valued, many factors challenge their preservation. Some properties may be altered in ways that diminish their integrity. Others may be under pressure for demolition, some-times for redevelopment and other times because of extensive deteri-oration. These challenges exist in part because some people may not value their properties as historic resources. Others are unaware of the his-toric significance of their buildings, or may lack the means to main-tain them. In some cases, other objectives may appear to be in conflict with preservation. Responding to these situations in strategic ways is key to an effective preservation program. While challenges will continue, this is a particularly exciting time of opportunity for preservation in Brookings and around the country. There is an increasing understanding of the roles preservation and neighborhood conservation can play in sustainability and how it com-plements many other community development objectives. New part-nerships are forming in which a variety of groups promote historic resources in their work programs. For example, health care providers are promoting “Healthy Heritage” walks as part of their preventive medicine strategies. New technologies can also be used to make it easier to identify his-toric resources, distribute information about proper stewardship, and facilitate appropriate management. Linking historic resource information and survey work to Geographic Information Systems is an important tool many communities use. It makes historic and potentially historic resource information available to a wide range of users, enhances the understanding of historic properties and makes the formal preservation system more understandable and predictable to the community at large.
501 8th Street, also known as the Fishback House, is individually listed on the National Register of Historic Places (W&Co, 2020)
414 and 416 Main Avenue, two contributing properties in the Commercial Historic District. (W&Co, 2020)
Final Draft: February 2021 3
Vision for Preservation in BrookingsAs the preservation plan is implemented, results will be seen in a more vital city with an active downtown, well-kept historic neighbor-hoods and a community engaged in preservation. These fundamental concepts of the community’s vision are further described in the series of statements below, which were identified by community members.
Historic preservation looks forward while valuing the past. The program seeks ways in which historic properties help maintain the vitality of the City. It is forward-looking, helping the community meet its aspirations for the future in ways that create jobs, retain eco-nomic benefits of local efforts and that find ways to preserve, reuse and adapt the built environment.
Historic preservation is integrated into planning efforts. City departments, organizations, property owners and the wider community recognize the value of historic properties, and employ strategies which support historic preservation as they seek to achieve their individual goals.
Historic preservation is solutions-oriented. The historic preservation program works with property owners, architects, realtors and contractors to find solutions for maintaining historic properties in active and appropriate uses.
The City’s preservation program is open to all community members that are interested in participating or learning more. Program components are easy to understand, and laypeople and pro-fessionals can participate in the system at a variety of levels. They can engage in researching and nominating resources for designation and can easily comment on City preservation activities.
A network of individuals and organizations support historic preservation in Brookings. Property owners, preservation organizations, City staff, architects, realtors, contractors and interested Brookings community members take part in historic preservation work and activities throughout the community. These efforts ensure that a strong network of preserva-tion partners is created.
The Brookings historic preservation program provides guid-ance for the treatment of historic properties. Historic resources are identified and described in a manner that helps people understand their significance and interpret their asso-ciation with the community. Properties are then listed, or designated, as appropriate in a manner that helps facilitate informed manage-ment of the properties. A set of tools is then applied – including regu-lations, design standards, incentives and benefits – which are coordi-nated with this evaluation and designation system.
Historic resources are integral to life in Brookings. Historic preservation in Brookings is a vital part of overall commu-nity development policies and objectives. It serves as an important tool in a variety of initiatives including economic development, public health, sustainability, housing and cultural enrichment. In this re-spect, it embraces a holistic approach to planning and development.
413 1st Street South, a contributing building in the Sexauer Seed Historic District (W&Co, 2020)
816 5th Street, a contributing property to the Central Residential Historic District (W&Co, 2020)
4 Brookings Historic Preservation Plan
Historic resources provide links to the heritage of the com-munity and enable people to feel a sense of connection with their past and with the community as a whole. Historic resources provide opportunities to interpret the history of the community, to comment on the events that have shaped it and to build an understanding of our culture.
Historic resources are key to the City’s sustainability initia-tives. Preserving historic resources is a fundamental part of a comprehen-sive approach to sustainability. Keeping historic properties in active use conserves embodied energy. Historic buildings can also operate in energy-conserving ways, and compatible retrofits for energy con-servation are encouraged.
Brookings’ citizens celebrate the community’s history and historic resources. Outreach and educational efforts bring awareness of the historic resources in Brookings to citizens throughout the community, espe-cially those that do not encounter Brookings’ historic districts on a regular basis. These efforts will place special attention on ensuring all demographics are reached to ensure inclusivity and diversity in historic preservation.
The Role of the Historic Preservation PlanThe Brookings Historic Preservation Plan provides both a vision and policy direction for historic preservation within the city through the identification of goals, policies and actions. The plan will be used by the City and preservation groups to guide and monitor preservation efforts within the community. Businesses, property owners and mem-bers of the general public may also reference the plan to learn about historic resources in Brookings, the preservation program and the status of preservation initiatives. Historic preservation is part of many community interests including housing, sustainability, and economic development. Therefore, this plan seeks to balance broader community objectives while achieving its core mission of retaining cultural resources in the context of other City initiatives.
First Presbyterian Church, 405 7th Avenue (SD Digital Archives)
716 6th Avenue, a contributing property in the University Residential Historic District (W&Co, 2020)
Final Draft: February 2021 5
CHAPTER 2
The story of Brookings’ cultural landscape begins with the land and its geology. Primeval Lake Agassiz influenced the earth’s present form and condition in the eastern half of South Dakota. Later, ancient glaciers from the northeast pushed south, filled river valleys, leveled hills and mountains, and formed ridges of earth and boulders. When the glacial ice melted and receded, Big Stone Lake, Lake Poinsett, and others formed, and subterranean aquifers stored glacial ice. This ancient geological activity produced fertile soil, and created rolling plains of semi-arid grassland cut by verdant river valleys drained by the Big Sioux, Vermillion, and James Rivers. The Dakota or Sioux Nation later inhabited these grasslands. The name Dakota means allies. The Ojibwa called these people Nadoues-sioux (enemies), which was abbreviated to Sioux. There were three main divisions of the Sioux people: • Santee - Dakota (Eastern Sioux)Mdewankanto, Wahpeton, Wahpekute and Sisseton• Yankton - Nakota Yankton and Yantonai• Teton - Lakota (Western Sioux)Sihasapa (Blackfoot), Upper Brule, Lower Brule, Hunkpapa, Miniconjous, Oglala, Sans Arcs and Oohenonpa (Two-Kettle)Before the middle of the 17th century, the Santee Sioux lived near Lake Superior, where they gathered wild rice and beans, hunted deer and buffalo, and speared fish from canoes. Prolonged warfare with the Ojibwa drove the Santee into southern and western Minnesota. The Teton and Yankton divisions were forced from Minnesota onto present-day North and South Dakota, where they abandoned their traditional agricultural activity and adopted the Buffalo/Horse cul-ture of the Great Plains. Their homes were along the banks of streams and rivers; they hunted and used buffalo for food, shelter, clothing and ceremonial rituals.
HISTORY OF BROOKINGS
Main Street in Brookings, 1911; from the South Dakota Digital Archives (South Dakota State Historical Society)
Williams Street Church, 1915; from the South Dakota Digital Archives (South Dakota State Historical Society)
6 Brookings Historic Preservation Plan
The $15 million Louisiana Purchase, which included South Dakota, was the greatest land deal in history, doubling the size of the United States at less than three cents per acre. President Thomas Jefferson charged the Corps of Discovery, led by Lewis and Clark, with the ex-ploration of the northern reaches of the Purchase, specifically to seek a northwest water passage from the Mississippi River to the Pacific Ocean. The Corps, like early French and Spanish boatmen, traveled along the Missouri River in central South Dakota.The Sioux were resolute in resisting incursions upon their domain. With the advance of the white frontier west of the Mississippi River, the United States negotiated the First Treaty of Fort Laramie in 1851. In 1851 and 1859 the Santee Sioux were forced to surrender most of their land in Minnesota and were assigned to a reservation where they were directed to practice settled agriculture. Treaty violations from the U.S. Government against the Santee Sioux led to the Dakota War of 1962, also known as the Minnesota Uprising. After their de-feat, the Santee Sioux were forced further westward to reservations in Dakota Territory and Nebraska. Native people lived in and around what would become Brookings, and their archaeological and histori-cal record significantly contributes to the heritage of the community, state, region and nation. Opportunities exist for preservation activi-ties to include exploration of this archaeological and historical legacy. In 1862, Congress authorized the construction of two railroads, the Union Pacific and the Central Pacific, that together would provide the first railroad link between the Mississippi Valley and the Pacific Coast. To encourage the rapid completion of these roads, Congress devised a grand economic development scheme which provided generous land grants and loans to railroad builders. By 1883, the Northern Pacific from St. Paul to Portland, the Santa Fe from Chicago to Los Angeles, and the Southern Pacific from New Orleans to Los Angeles were also completed, knitting east and west coasts together with rails and fos-tering rapid growth of the western plains. The Homestead Act of 1862, adopted in the same year as authoriza-tion of the transcontinental railroad, allowed settlers to claim 160 acres of land for farming. Homesteaders lived and farmed on a quar-ter section for five years, at the end of which the homesteader re-ceived a patent on the land. The railroads brought eager homestead-ers seeking this free land to eastern Dakota, where the thick black soil of eastern South Dakota created by ancient seas and glaciers prom-ised abundance. Brookings County was created in 1862 and organized in 1871. Brook-ings, the county seat, was surveyed and platted on October 3 and 4, 1879, with the first train arriving on October 18, 1879. W.H. Skinner is credited with persuading the Chicago and Northwestern railway to establish a station at Brookings. The original plat comprised five blocks of what is now Main Avenue. Pioneers settled the area simulta-neously with the siting of the railroad, and entrepreneurs quickly es-tablished a variety of commercial services for incoming settlers. Mer-chants and pioneers from nearby Medary, Ada, and Fountain moved to the newly platted area. The city name honors Judge Wilmont W. Brookings, a manager of the Western Town Company, Dubuque, Iowa. Known as a courageous and able Dakota pioneer, he served as a legis-lator, associate justice, and publisher.
Chicago and Northwestern Railroad Depot, part of the Commercial Historic District; from the South Dakota Digital Archives (South Dakota State Historical Society)
Main Street looking north, 1913; from the South Dakota Digital Archives (South Dakota State Historical Society)
Final Draft: February 2021 7
South Dakota’s early agricultural pioneers represented diverse old world cultures: Scandinavians, Bohemians, German-Russians, Irish, English and Hutterites. Many immigrants were religious, thrifty, hardworking people who developed a strong attachment to the land. Kinship and nationality ties drew these plainsmen together. The Hutterites continue to operate collective farms, and like the Amish, remain separate from outside society. Religious persecution drove the Hutterites from Moravia and Tyrol to Hungary, the Ukraine, and in the 1870s to eastern South Dakota. Following the gold rush in the western part of Dakota, a flood of settlers into the east river region swelled the population from the 80,000 to 325,000 between 1878 and 1887.Philo Hall, Brookings village attorney, filed papers in April 1881, to incorporate from a village to a city. In the same year, the Dakota Ter-ritorial Legislature established the Dakota Agricultural College, the state’s only land-grant school, at Brookings, today the South Dakota State University. Main Avenue, which became the single axis that dominated the town, boasted 70 businesses. The community evolved as a center of a diversified agricultural area and seat of learning. The legislature granted approval of incorporation in March 9, 1883. Rapid expansion of the Dakota Boom led to calls for division of the territory at the 46th parallel and separate statehood for the southern half of Dakota Territory. The southern section held constitutional conventions in 1883 and 1885; the latter established the State of Da-kota. Dual statehood based on a division at the 46th parallel received congressional approval in 1889, and both North and South Dakota entered the Union simultaneously.Early settlers quickly recognized the aesthetic, civilized appearance mature trees bring to neighborhoods. On Arbor Day in 1892, Brook-ings citizens planted 2,300 trees on the university campus, on bou-levards, and in yards. By 1900, Brookings was known as The City of Trees. Open green areas and generous tree canopies were an early priority for the community, and their current abundance and health is ensured through substantial city funding. The trees unify diverse architecture in residential and commercial historic districts, and in great contrast to the open treeless prairie surrounding the communi-ty, these verdant canopies clearly convey a sense of arrival and stabil-ity within Brookings.Early newspaper accounts also describe Brookings as the Philadel-phia of South Dakota - The City of Homes. Brookings’ diverse archi-tectural heritage offers vivid contrasts, from stately mansions to smaller-scale homes. The community’s historic resources include numerous in-town barns and grain elevators, which anchor Main Avenue to the rail line. These assets today attest to the importance of agriculture in the community’s legacy. By 1907, the Dakota Agricultural College changed its name to South Dakota State College of Agriculture and Mechanical Arts, and there were 22 departments on campus. Trees, hitching rails, and telephone poles with cross-arms frame the business district in early 1900 pho-tos. A street light suspended from a metal arch provided illumination for each block. Streets were renamed in 1900 and 31 blocks of con-crete and street paving installed in 1919. In 1900, the population of the city was 2,346. There were about 4,500 inhabitants in 1919.
Cornerstone Ceremony for the Methodist Church in 1904; from the South Dakota Digital Archives (South Dakota State Historical Society)
Brookings High School; from the South Dakota Digital Archives (South Dakota State Historical Society)
8 Brookings Historic Preservation Plan
Promotional materials from the 1920s encouraged persons to move to Brookings, a clean city of homes owned by people who take pride in home maintenance. Many substantial homes were built between 1896 and 1902 in an area from Main to Sixth Avenues, between Sev-enth and Eighth Streets.In 1923, President Charles W. Pugsley completed the university reorganization into the five divisions which formed the basis for the designation of colleges. The city and the university have grown up together and intertwined. This common development explains the strong bond each has for the other, and the sometimes blurred lines between them. State College was renamed South Dakota State University (SDSU) in 1964. Near downtown, the SDSU campus encompasses many fine buildings reflecting the diversity of architectural styles which domi-nated collegiate architecture at the turn of the 20th century. Popular styles included beaux arts and neo-classicism, both of which are well represented on campus. More than 80% of the central commercial district construction took place between 1894 and 1928. Brick and concrete became the pri-mary building materials, with fire-proofing a primary consideration, as commercial structures were rebuilt to replace the simple wooden frame structures built at the village’s inception. Six buildings were constructed between 1930 and 1936, and a new business was added each year between 1937 and 1940, with the last major commercial construction activity in 1940 with the building of the Woolworth/Stratton building and the College Theater. Today, the Brookings Commercial Historic District showcases 59 buildings situated on low-lying level land, all built predominantly be-tween 1894 and 1928. Influenced primarily by the early 20th Century commercial brick front style, the district also contains vernacular examples of late 19th century commercial, beaux arts classicism, and art deco styles. Currently and historically the district has provided commercial goods and services for residents of the community. In 1985, the Brookings City Commission created the Historic Preser-vation Commission by resolution. In 1989, the City Commission ad-opted Ordinance 5-89 further acknowledging institutional awareness of the importance of celebrating Brookings’ legacy. Ordinance 5-89 created a legal vehicle for safeguarding important aspects of Brook-ings’ evolving stories. In the same year, the Brookings Historic Preser-vation Commission became a member of the South Dakota Certified Local Government Program. Since its establishment, the Brookings Historic Preservation Commis-sion has been active in its adoption of historic preservation tools, its promotion of preservation education and in partnering with other local groups and initiatives. The adoption of the original historic pres-ervation plan in 1999 provided important direction for the program for twenty years. This update to the Historic Preservation Plan builds on preservation efforts over the last 35 years.
Main Street Brookings; from the South Dakota Digital Archives (South Dakota State Historical Society)
Final Draft: February 2021 9
CHAPTER 3
In 2018, the BHPC was honored by the National Alliance of Preservation Commissions for their educational outreach work, specifically in partnering with other community organizations to further preservation efforts.
Main Street in Brookings, 1911; from the South Dakota Digital Archives (South Dakota State Historical Society)
Preservation in BrookingsBrookings has a well-established preservation program, which enjoys broad support by its citizens. The historic preservation program is recognized as a key ingredient in community well-being and livability as noted in the Comprehensive Plan adopted in 2018. The City boasts an extraordinary richness of cultural and historic resources, many of which are recognized through their listing in the National Register of Historic Places. Noteworthy structures listed in the National Regis-ter include Brookings City Hall on 4th Street and Nick’s Hamburger Shop on Main Avenue, and four historic districts recognize important historic resources throughout Brookings.The preservation program and the work of the Brookings Historic Preservation Commission (BHPC) have been celebrated over the years, most recently in 2018 through an Education award at the National Alliance of Preservation Commissions (NAPC) conference, which recognized the BHPC’s efforts to partner with the Sustainabil-ity Council, and to seek positions on the Comprehensive Master Plan Committee and Public Arts Committee. These efforts illustrate pres-ervation’s role in a variety of other topics, as well as the importance of promoting preservation through other community initiatives.Recognizing preservation efforts to date and the desire to improve the program moving forward, this preservation plan is an update to the 1999 Brookings Historic Preservation Plan.
What is Historic Preservation? Preservation means having structures, properties and places of his-toric and cultural value in active use and accommodating appropriate improvements to sustain their viability while maintaining the key, character-defining features which contribute to their significance as historic resources. In addition, preservation means keeping cultural resources intact for the benefit of future generations. While maintain-ing properties in active use is the immediate objective, this is in part a means of assuring that resources will be available for others in the future. Historic preservation is an integral component of other community initiatives in neighborhood livability, sustainability, economic devel-opment and the arts and culture. With this understanding, the term “historic preservation” includes the specific methodologies associated with maintaining integrity of significant structures, including those that may not be formally designated as historic.
PRESERVATION BACKGROUND
10 Brookings Historic Preservation Plan
Benefits of Historic PreservationHistoric structures in Brookings are essential parts of the City’s iden-tity. They enhance the quality of life, economic vitality and environ-mental sustainability of the community. Investment in these assets ensures that the social, cultural and economic aspects of the City are maintained and enhanced.
Livability and Quality of LifeHistoric structures reinforce the City’s identity and contribute to its sense of community. In many neighborhoods, when historic struc-tures are located together on a block, they contribute to a pleasing street scene with consistent setbacks and regular repetition of similar building forms, creating a “pedestrian-friendly” environment which encourages walking and neighborly interaction. Decorative archi-tectural features also contribute to a sense of place that is difficult to achieve in newer areas of the City. This also reinforces desirable community social patterns and contributes to a feeling of stability and security.
Construction QualityOften the construction quality was higher in historic buildings than in more recent buildings. Lumber came from mature trees, was properly seasoned and typically milled to “full dimensions,” providing stronger framing. Buildings were thoughtfully detailed, and finishes were gen-erally of high quality – characteristics that owners today appreciate. This higher quality of construction in earlier buildings is therefore an asset which is nearly impossible to replace.
AdaptabilityOwners also recognize that floor plans of many historic structures easily accommodate changing needs. They can house a variety of uses while retaining the overall historic character of these structures. These changes include converting a house to an office, utilizing inte-rior partitions, converting a carriage house or garage to a secondary dwelling unit, and creating a basement apartment.
Economic BenefitsThe economic benefits of investing in historic structures is well doc-umented across the nation. Because historic structures are finite and cannot be replaced, they can be precious commodities, adding value to the properties. For instance, among National Register districts in Philadelphia, historic homes received a sales price premium of 131% over comparable properties in undesignated neighborhoods; in a study of Texas cities, local designation increased property values be-tween 5% and 20%. Historic buildings also attract small businesses who can utilize small historic structures, attract visitors and attract investment to preserve the structure and the area. Other economic benefits center on rehabilitation projects and on the income generat-ed by heritage tourism.
• Historic Rehabilitation ProjectsDirect and indirect economic benefits accrue from rehabilitation projects. Direct impact refers to the purchase of labor and ma-terials, while indirect impacts are expenditures associated with the project; together, these can be added to create the “total” im-pact. Preservation projects are generally more labor intensive, meaning more of the money invested in a project will stay in the
903 4th Street, a contributing property in the Central Residential Historic District (W&Co, 2020)
423 Eighth St, also known as the G.A. Matthews House, is individually listed in the National Register of Historic Places. (W&Co, 2020)
Final Draft: February 2021 11
local economy rather than outsourcing materials or spending money on other non-local costs. Furthermore, a rehabilitation project may provide functional, distinctive, and affordable space for new and existing small businesses, which is especially relevant in historic downtowns where many local businesses operate in historic buildings. In addition, financial incentives may be available for some reha-bilitation projects, which is often dependent on the structure’s historic designation status. These incentives can assist in mak-ing a rehabilitation project financially feasible.
Heritage TourismHeritage tourism is another benefit of investing in historic preserva-tion, as people are attracted to the cultural heritage sites within the area. These resources provide a glimpse into the history of Brookings and tells of its contribution to state and regional history. Heritage tourism means traveling to experience the places that authentically represent the stories and people of the past and present. This in-cludes historic as well as cultural and natural resources. Heritage tourism supports employment in hotels, bed and breakfasts, motels, retail stores, restaurants, and other service businesses. Studies show that heritage tourists spend more dollars on travel than other tour-ists.
Environmental BenefitsSustainable development and the conservation of resources are cen-tral principles of historic preservation. Sensitive stewardship of the existing building stock reduces our environmental impact. Preserving and adapting a historic structure is sound environmental policy in all respects. In basic terms, re-using a building preserves the energy and resources that were invested in its construction, reduces the amount of materials going to the landfill and it avoids the need to produce new materials.
• Embodied EnergyEmbodied energy is defined as the amount of energy used to create and maintain an original building and its components. Preserving a historic structure retains this energy. Wood, stone, brick and glass all manifest the energy of their creation and the energy invested in building construction. If demolished, this investment in embodied energy is lost and significant new energy demands are required to construct a replacement. In ad-dition, according to the Environmental Protection Agency (EPA), building debris constitutes around a third of all waste generated in the United States. This can be reduced significantly if historic structures are retained rather than demolished.
• Sustainable Building MaterialsHistoric structures were constructed with durable materials including wood, stone and brick. They were built for longevity, in a manner that allows repairs instead of requiring replace-ment. The sustainable nature of historic construction is best illustrated by the design and construction of a window. While older windows are often cited as being major sources of heat loss, other parts of a building typically account for a greater proportion of overall losses. For example, as much as 50% of the energy lost from a house is from air infiltration through the
524 4th Street, Brookings Arts Council and Carnegie Public Library, listed individually on the National Register of Historic Places (from City of Brookings staff)
The two images above illustrate ways to incorporate solar panels, one type of energy-generating technology, on the roof of a historic structure. Note that both of these images are from communities outside of South Dakota.
12 Brookings Historic Preservation Plan
attic, uninsulated walls, and around windows and door cavities, and not through the glass in a window itself (Gotthelf, Jill H. &
Walter Sedovic. What Replacement Windows Can’t Replace: The
Real Cost of Removing Historic Windows. APT Bulletin: Journal
of Preservation Technology. Volume 36. Number 4.) Repairing an existing window and adding insulation to the attic saves more energy than the replacement of single-paned wood windows with double or triple-paned alternatives. Older windows were also built with well-seasoned wood from stronger, durable, weather-resistant old-growth forests. Historic windows can be repaired through reglazing and the patching and splicing of wood elements. By preserving the original win-dow materials and enhancing them to be more energy efficient, the life-cycle of the historic building is lengthened and energy is saved. For instance, repairing, weather-stripping and insu-lating an original window is more energy-efficient and much less expensive than new windows, in addition to being a sound preservation practice.Contemporary windows, on the other hand, are often difficult to repair, with replacement as the only option. If a seal is disturbed in a new, vinyl window, the best approach is to replace that particular window, rather than repair the part. This means the damaged window then goes to the landfill. On the other hand, a historic wood window can be repaired more easily. In addition to being more difficult and costly to replace, newer window ma-terials, such as vinyl, are also often less sustainable and require the extraction of raw, nonrenewable materials. High levels of energy are involved in production and the new materials will often also have an inherently short lifespan.
• Building Energy SavingsEnergy savings are not usually achieved by replacing original building fabric with contemporary alternatives. Repair and weather-stripping or insulating original walls, floors and the at-tic is usually more energy efficient and much less expensive than replacing original material with a new material. As much as 50% of the energy lost in a house is from air infiltration through the attic, poorly insulated walls and around the windows and door cavities, and not through the glazing of windows and doors. Proper caulking and insulation around windows and doors, combined with adding insulation in attic space, will save energy at a higher rate than by replacing single-paned wood windows with multi-paned alternatives. Many utility companies are now advising customers that the “payback” of replacing a window is much longer than other energy-saving measures.
225 Main Avenue, a contributing historic structure in the Commercial Historic District (W&Co, 2020)
413 1st Street South, a contributing building in the Sexauer Seed Historic District (W&Co, 2020)
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Relationship to Community Initiatives and PoliciesGoals, policies and community priorities noted throughout the Plan highlight the importance of historic preservation in Brookings. His-toric preservation is particularly highlighted through the Quality of Life Recommendation #7 on page 151:• Goal: Maintain the City’s heritage through historic preservation. »Policy: Revise the city-wide historic preservation assessment and implement historic preservation plans and programs. »Policy: Create targeted incentives for preservation, aimed at potential obstacles. »Policy: Develop guidelines for development in the downtown or other historic districts.In addition to the Brookings Comprehensive Plan, federal, state and local regulations provide the legal basis for historic preservation efforts in Brookings. This includes everything from properties listed in the National Register of Historic Places and the basis for reviewing historic properties through the 11.1 review process to the establish-ment of the Historic Preservation Commission.
Who Engages in Preservation? A successful historic preservation program engages property own-ers, residents, visitors and community groups throughout the City. It provides education about historic preservation, technical assistance, and financial incentives, and identifies historic resources throughout the community. When community members engage in preservation activities in and around designated historic resources and districts, they also help ensure historic properties remain in active use. This helps keep them in good repair to preserve the resources for future generations.
Property OwnersProperty owners that choose to purchase designated historic re-sources or a historic property in a designated historic district do so understanding the importance of the property to the history of the city. While property owners may qualify for financial incentives for the maintenance for their property, they also invest time and money into its preservation, and to keep it in active use. This investment, in addition to owning a piece of Brookings’ history, results in pride of ownership.
Business OwnersBusiness owners that choose to locate their business in a designated historic building or heritage district engage in preservation by keep-ing historic buildings in active use. Business owners also then attract customers to heritage resources for business purposes, bringing more awareness to heritage resources and districts.
ResidentsBrookings residents celebrate the City’s heritage in many ways. Some residents choose to live in historic properties, which keeps these buildings in active use and helps to maintain them in good condition.
brook ings
SOUTH DAKOTA
comprehensive plan
Adopted April 2018
Planning for 2040
The cover of the Brookings Comprehensive Plan document, which includes community initiatives and policies supporting the efforts of this Historic Preservation Plan effort.
Looking down Main Street, now the primary street of the Commercial Historic District. (SD Digital Archives)
14 Brookings Historic Preservation Plan
Residents throughout the community also organize, support and participate in events that celebrate the heritage of Brookings. These events are hosted throughout the community and are open to and attended by residents throughout the City.
VisitorsHeritage tourism is one of many economic benefits of heritage pres-ervation and is a crucial driver for how visitors engage with heritage preservation in Brookings. Events and festivals that celebrate Brook-ings’ heritage, museums and exhibits that present the history of the City, and plaques and markers placed throughout the community to identify key heritage resources are all ways in which visitors learn about and immerse themselves in Brookings’ heritage.
City of BrookingsThe City of Brookings manages the historic preservation program and its components including historic resource designation, design re-view, funding, and technical assistance. The preservation program op-erates within the Community Development Department. The Historic Preservation Commission meets monthly to review design review applications and work on other historic preservation efforts.
State of South Dakota SHPOThe State Historic Preservation Office (SHPO) in South Dakota pro-vides support to the Brookings historic preservation program in a variety of ways. The SHPO manages the National Register of Historic Places program for the state, which surveys, inventories, and regis-ters historic properties. It also conducts reviews under section 11.1 of the state statute, especially when a Case Report is required. Some-times, SHPO staff are available to visit a property to discuss potential changes with the property owner prior to beginning a project that may require 11.1 review. The South Dakota SHPO also coordinates the Certified Local Government (CLG) program, of which Brookings is a member, and maintains a statewide historic preservation plan.
NationalAdditional preservation partners are found at the national level, which support preservation efforts at the local, regional, and state levels. At the national level, historic preservation is operated by the National Parks Service (NPS). The National Historic Preservation Act of 1966 created many provisions for preservation including the establishment of the National Register of Historic Places and creating a provision for considering the impacts of any federal undertaking on National Register properties. The National Register of Historic Places is the official list of the nation’s historic places and is part of the national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s historic and ar-chaeological resources. The National Register listing honors a prop-erty by recognizing its importance to the community, state, or nation. Listing provides protection from harm by federal or state activity but does not place restrictions on the actions of property owners. It also makes properties eligible for federal and state tax credits for certain types of rehabilitation work. Additional organizations that support preservation efforts at the national level include the National Trust for Historic Preservation (NTHP), and the National Alliance for Pres-ervation Commissions (NAPC).
711 7th Avenue, a contributing property in the University Residential Historic District (W&Co, 2020)
929 Fourth Street, also known as the George P. Sexauer House, is a contributing structure to the Central Residential Historic District and is also individually listed in the National Register of Historic Resources. (W&Co, 2020)
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CHAPTER 4
This chapter identifies some of the key elements of the existing Brookings preservation program including when the program was established and its key provisions. It also identifies how the program complies with federal programs and state historic preservation, and with the City’s planning goals and objectives.
Certified Local GovernmentThe City of Brookings meets the requirements of a Certified Local Government (CLG) community, as outlined in the State Historic Preservation Office guidelines (as established by the National Park Service), and was certified as a CLG in 1985. The requirements to maintain CLG status include: • Creating a historic preservation commission• Adopting a preservation ordinance• Agreement to participate in updating and expanding the state’s historic building inventory • Agreeing to review and comment on National Register of Historic Places nominations of properties in Brookings• Affirmation that the city will fulfill its obligation to enforce existing state preservation lawsAs a CLG community, Brookings can take advantage of a variety of opportunities and benefits including: • Grants: CLGs may apply annually for Historic Preservation Funds and can use the money for a variety of preservation activities including sur-veys, nominations, educational activities and preservation planning.• SHPO and National Park Service Assistance: CLGs may tap into the expertise and resources of these agencies to help address their local preservation issues.• Networking: Workshops, conferences, listservs and websites provide CLGs the opportunity to participate in the discussion of preservation issues with local governments throughout the state and country.• Increased effectiveness: As part of the CLG program, local governments gain the experience with preservation issues and become more skilled and effective at promoting preservation in their communities. In turn, this also results in less controversy over mishandled historic preserva-tion issues.
BROOKINGS HISTORIC PRESERVATION PROGRAM TODAY
310 4th Street, the original Brookings City Hall, a contributing building to the Commercial Historic District and individually listed on the National Register of Historic Places (W&Co, 2020)
Looking east down the 900 block of 5th Street, which consists of contributing structures that are part of the Central Residential Historic District (W&Co, 2020)
16 Brookings Historic Preservation Plan
Preservation Program Components and IssuesMany groups contribute to the City’s preservation program using a range of strategies and tools that work together to form its essential components. While many initiatives will be directed and led by the City, they will require collaboration with preservation partners and other stakeholders to be successful. The historic preservation program is organized around six strategic components, which are described on the following pages. In addition to a description, issues for each component are listed. These were identified for each program component through extensive study of the existing historic preservation program, and conversations with staff, the Brookings Historic Preservation Commission, focus groups and community members.• Identification: The survey and recognition of properties with cultural or historic significance • Management: The specific mechanisms for designating and pro-tecting historic properties• Incentives and benefits: Programs that assist property owners in being good stewards• Education: Tools that strengthen skills, and promote policies that support preservation• Advocacy and Partnerships: The promotion of policies and part-nerships that support preservation • Administration: The framework for operating the preservation program
Preservation Program Components
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
911 5th Street, a contributing property to the Central Residential Historic District (W&Co, 2020)
225 Main Avenue, a contributing historic structure in the Commercial Historic District (W&Co, 2020)
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IdentificationThe identification component of the preservation program focuses on surveying historic structures and evaluating them for potential his-toric significance. Creating and maintaining a comprehensive, up-to-date survey provides property owners and public officials important information that informs their decisions about acquisition, designa-tion, maintenance and stewardship of historic structures. How is it determined that a property has historic significance? Pro-fessionals in the fields of history, historic preservation and historical architecture work with staff, commission members and advocates to evaluate properties, using standards that are recognized national-ly. They employ a variety of research tools to assist them in making those determinations. Research tools include summaries of historical patterns, defined as “contexts” and “themes,” along with descriptions of the typical property types and building styles associated with them. Incorporating this information into the Geographic Information System (GIS) controlled either by the City or County is one way that many communities manage survey data and make it available to the public.
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
662 4th Street (W&Co, 2020)
527 5th Street, First Baptist Church (W&Co, 2020)
18 Brookings Historic Preservation Plan
Historic Contexts and ThemesHistoric contexts are narratives that group information related to existing historic structures based on themes, specific time periods, or geographic areas. The relative importance of an individual historic structure can be better understood by determining how it relates to these historic contexts. An individual historic structure may relate to more than one of these areas. The South Dakota State Historical Soci-ety, or the SHPO, has published a series of historic contexts, including:• Architectural History in South Dakota• Churches in South Dakota• Historic Bridges of South Dakota• Homesteading and Agricultural Development• Schools in South Dakota• South Dakota’s RailroadsThese historic contexts and others published by the SHPO may be applicable to historic resources in Brookings.
SurveysHistoric resource surveys collect information about the history and disposition of properties citywide or in selected areas. They use adopted criteria for determining which properties or districts have historic or archaeological significance. Communities initiate historic resource surveys in order to determine whether structures have historic significance and to properly docu-ment historic resources. Based on survey results, a community may decide to designate individual structures as historic at the local, state, and or national levels. The survey may also provide evidence that a historic district designation is possible. Updates to historic surveys are conducted when new information or resources are available about a historic structure or district, if the cultural significance has yet to be incorporated into the survey, if the criteria for designation have changed, or if the condition of the property needs to be exam-ined.
Historic bridge in Brookings County; from the South Dakota Digital Archives (South Dakota State Historical Society)
413 1st Street South, a contributing building in the Sexauer Seed Historic District (W&Co, 2020)
921 5th Street, a contributing property to the Central Residential Historic District (W&Co, 2020)
Main Street, now part of the Commercial Historic District (photo from Brookings staff)
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The survey process includes a field inspection, collecting historic information about the physical and cultural historic elements of the property and documenting it in photographs, drawings and maps. A survey should include a listing of all the properties researched, indi-cating the significance of each of the resources and, where applica-ble, should also include a description of the general character of the district. Additionally, the survey should include a definition of the key characteristics of individual properties as well as the defining charac-teristics of groups of neighborhoods or groups of buildings. For archaeological surveys, fieldwork is commonly required to assess significance. In many cases, this involves the placement of hand-ex-cavated probes to analyze site stratigraphy and identify any artifacts and subsurface deposits. Only professional archaeologists should be undertaking this work! The final product of any cultural resource study is a full and detailed report documenting the methods and re-sults of the survey.The most recent historic resource survey in Brookings was complet-ed in 2008. While there is not a specific timeframe in which a sur-vey should be conducted or updated, it is essential that survey data remains up-to-date for planning purposes.
New Survey TechniquesNew technologies now allow data gathering and evaluation to oc-cur more efficiently. An important innovation is linking survey data through a city’s Geographic Information System. Combining historic records and building permit information in Geographic Information Systems improves recording and access to a wide range of property information. Additional data may also be gathered by allowing property owners to upload information about their properties to a City website. When combined, these new technologies can support ongoing survey ef-forts that ensure up-to-date documentation of a community’s historic resources.Some communities are also using a tiered survey system that indi-cates varying levels of integrity and significance for historic struc-tures. Such a survey may also identify new buildings that are com-patible with their context. A tiered survey can be linked to a variety of planning objectives, or be calibrated to fit differing benefits and incentives, or review and permitting processes. For example, proper-ties with a high level of historic significance may be subject to review by the BHPC, whereas a lesser level may be handled by Brookings City staff.
225 Main Avenue, a contributing historic structure in the Commercial Historic District (W&Co, 2020)
413 1st Street South, a contributing building in the Sexauer Seed Historic District (W&Co, 2020)
825 5th Street, a contributing property in the Central Residential Historic District. (W&Co, 2020)
20 Brookings Historic Preservation Plan
Historic PropertiesA historic survey documents how an individual property relates to the city’s historic contexts, how it represents a property type, and how it meets requirements for potential designation as a historic resource. A historic resource can be a building, site, district, structure or object.
National Register of Historic PlacesThe National Register of Historic Places (NRHP) is the official list of the nation’s historic places that are worthy of being preserved and recognized at the national level. The NRHP was created in 1966 through the adoption of the National Historic Preservation Act. To be eligible for the NRHP, a property’s age, significance and integrity are examined. Properties listed in the National Register are also eligible for federally administered preservation tax credits. Brookings has several nationally-designated properties and districts:• Commercial Historic District »59 structures, built predominantly between 1884 and 1928 »District established in 1988• Central Residential Historic District »127 primary structures and 93 secondary structures, built between 1891 and 1941 »Established in 1994 and amended in 2001 with a boundary increase• University Residential Historic District »248 houses, 177 secondary buildings, built between 1895 and 1948 »Established in 1999• Sexauer Seed Historic District »10 structures »Established in 2001• 23 individually listed historic resources1. Brookings City Hall, 310 4th Street*2. Brookings County Courthouse, 4th Street and 6th Avenue3. W.A. Caldwell House, 804 Sixth Avenue*4. Carnegie Public Library, 524 4th Street5. Chicago and Northwestern Railroad Depot, Main Avenue*6. Ivan Cobel House, 727 Main Avenue*7. Coolidge Sylvan Theater, Medary Avenue, SDSU8. Coughlin Campanile, Medary Avenue, SDSU9. Experimental Rammed Earth Machine Shed, NW corner SDSU campus10. Experimental Rammed Earth Wall, Medary Avenue11. Fishback House and Boundary Increase, 501 8th Street12. Graham House, 927 7th Street*13. E.E. Haugen House, 202 5th Street14. Lockhart House, 1001 6th Avenue15. G.A. Mathews House, 423 Eighth Street16. Nick’s Hamburger Shop, 427 Main Avenue
National Register of Historic Places plaques, such as this one on Main Street, recognize a building’s designation and its importance to the community.
502 6th Avenue, a contributing structure to the Central Residential Historic District (W&Co, 2020)
400 Main Avenue, a contributing building to the Commercial Historic District (W&Co, 2020)
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17. Pioneer Park Bandshell, SW Corner Junction US14 and 1st Avenue18. George P. Sexauer House, 949 4th Street19. Stock Judging Pavilion, 11th Street and Medary Avenue20. Trygstad Law and Commerce Building, 401 Main Avenue21. Wenona Hall and Wecota Hall, Medary Avenue, SDSU22. Woodbine Cottage, 929 Harvey Dunn Street23. Woodbine Cottage Experimental Rammed Earth Wall, west of junction at 10th Street and Medary Ave, SDSU * Also located in a historic districtMore information about each of these National Register-designated historic resources can be found on the City’s website.
State RegisterThe South Dakota State Register of Historic Places is maintained by the South Dakota State Historical Society (SHPO). All the resources listed in the National Register are automatically included on the State Register. In addition to the National Register properties listed on the previous page, only one additional property in Brookings is listed ex-clusively in the State Register – the Horticulture Building on the SDSU Campus, which was listed in 1981.
Local RegisterThe Brookings Local Register of Historic Places is established in Section 46-44 of the city’s municipal code. For an individual property, building, or structure, or for a historic district to be eligible for desig-nation to the Local Register, the property(s) must possess integrity of location, design, setting, materials, workmanship, feeling and associa-tion, and must meet at least one of the following criteria:1. The property is associated with events that have made signif-icant contributions in the broad patterns of local, regional, or state history, including settlement, agriculture, commerce and transportation2. The property is associated with the lives of persons significant in the past of this city or state or the past of a region of this state3. The property represents distinctive types, periods, or methods of construction; they represent the work of a master; they pos-sess high artistic values; or they represent cultural or regional building patterns4. The property is associated with prehistoric or historic archaeol-ogy5. The property has historical, architectural, archaeological or cultural significance6. The property is suitable for preservation or restoration7. The property has educational value8. The property’s cost of acquisition, restoration, maintenance, operation or repair, and9. The administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs.
911 5th Street, a contributing structure to the Central Residential Historic District (W&Co, 2020)
401 Main Ave, also known as the Trygstad Law and Commerce Building, a contributing building to the Commercial Historic District, and individually listed on the National Register of Historic Places. (W&Co, 2020)
22 Brookings Historic Preservation Plan
Any individual, BHPC member, Council member or organization can nominate a property to the Brookings Local Register of Historic Plac-es. The BHPC will then notify the owners and occupants of the indi-vidual property or properties if a district is under consideration. A hearing will then be held to determine whether the property should be listed on the Local Register. While the City of Brookings has estab-lished the Local Register, no historic resources or districts have been designated.
Identification Component Analysis
Issues • Lack of survey information to determine potential for future historic resource designations• Lack of Geographic Information System (GIS) to catalog survey and designation information• Shortage of funding for surveying and designation
Opportunities • Consider designating properties that are listed in the National Register of Historic Places to the Local Register. Listing in the Local Register will provide demolition delay and delays for mov-ing historic buildings to protect listed properties. Demolition of historic resources is further discussed in the Management Tools program component.• Consider conducting a survey of residential resources, partic-ularly those built in the “mid-century” time period and style to determine whether they are eligible for the Local, State, and/or National Register
The Brookings County Courthouse, at 4th Street and 6th Avenue, is individually listed on the National Register of Historic Places. (W&Co, 2020)
327 Main Avenue, a contributing building to the Commercial Historic District (W&Co, 2020)
Looking at the west side of Main Street between 3rd Street and 4th Street, part of the Commercial Historic District. The majority of the buildings along this block are listed as contributing. (W&Co, 2020)
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Children's
Museum
Campanile
Courthouse
First Lutheran
Church
Old
Sanctuary
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Unive rs ity R esiden tial Historic District
Cen tral Residential Historic District
Sex aue r S eed Historic Dis trict
Commercial Historic District²
Historic Districts
This map locates all four of Brookings’ Historic Districts
24 Brookings Historic Preservation Plan
The Commercial Historic District and Sexauer Seed Historic District
Final Draft: February 2021 25Children's MuseumCourthouseOld Sanctuary5215206019166255278127124055057158247248168168256247259258157218167108178028089177049165029227097039089037049128029217259028259115257055027269089295178246165199025117119115167247034165119283174105124155165175103124144175123103174107067187165196158177096109156097157087125158108138097139199215275217146148057025026046029058038068045247025165TH ST3RD ST4TH STUS HWY 147T H AVE
8T H AVE 9TH AVE5TH AVEMEDARY AVE2ND ST6T H AVE 6TH AVE S4TH STCentral Residential Historic DistrictLegendContributingNon-ContributingStructure ExcludedIndividually Listed²The Central Residential Historic District
26 Brookings Historic Preservation Plan82580490772062152190681990590791671162762992880581570471070562360562181091761772371582862891472062792382072181261181683581780972380982372370961780370781181192971161491991891562061671161781981681792982970371571482271271982570382091290272270562271862310116219277256109028166257047117177167118198157117118117086248117037208209209216256306256186297147239287196176156136288037157158217087196216166247156207059228108286208247097157058247186117228248289287257298039117186167027166117107039296245176178256287215167286169236126119179217258089088127086107179107197036057257216197118257217138218198157158218197078158256176096159119019157059069027017096266106116167166017168038058078098037106129159039037207166206169197068178168TH ST7TH STUS HWY 149T H AVE
8TH AVE7TH AVE6TH AVE9TH STMEDARY AVEHARVEY DUNN ST5TH AVEMAIN AVECIRCLE DR9TH STMAIN AVELegendIndividually ListedContributingNon-ContributingExcluded StructureUniversity Residential Historic District²The University Residential Historic District
Final Draft: February 2021 27
Management ToolsManagement tools are the mechanisms for protecting historic prop-erties and providing technical assistance related to preservation. Brookings’ primary management tools are the ordinances that guide historic preservation efforts. Underlying zoning regulations and design review often help manage the treatment of the city’s historic districts and resources. The SDCL 1-19A-11.1, often referred to as 11.1 review process, explained below in this program component, is outlined in the state statute and is another important component. Together, these provide an effective framework for preservation. In some cases, however, individual tools lack sufficient clarity, or could be made stronger.As improvements to existing management tools are considered to strengthen the preservation program, it will be important to under-stand how they interact with other City regulations. For example, in some cases the existing zoning may allow building densities and forms that are not in character with the single-family residential context in the residential historic districts. Modifying the underlying zoning in an established historic district to more closely reflect tra-ditional development patterns could reduce potential conflicts later in design review. In other neighborhoods that are not designated as historic districts, applying an overlay or developing a conservation district tool may also be a consideration.
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
Chicago and Northwestern Railroad Depot, 111 Main Ave, a contributing structure in the Commercial Historic District (SD Digital Archives)
1001 6th Avenue, also known as the Lockhart House, is individually designated on the National Register of Historic Places. (W&Co, 2020)
28 Brookings Historic Preservation Plan
Zoning OrdinanceThe basic regulations that shape development throughout Brook-ings are part of the city’s zoning code, which is provided in Chapter 94 of the City’s Municipal Code. The zoning code defines permitted uses and densities as well as dimensional limits such as setbacks and building heights. These regulations apply to both historic and non-historic properties. The zoning code includes base zone districts and overlay districts. Base zone districts provide the regulations that apply to all properties throughout the city, while overlays provide additional context-specif-ic regulations for certain areas. The code includes base zone districts for residential, commercial, industrial and other uses at varying den-sities and scales. While none of the overlay districts are specific to the designated historic districts, two address the campus edge, which is near or in the University Residential Historic District.In some cases, the existing zoning districts may conflict with the goals and objectives for historic preservation because they allow for devel-opment that is out of character with the historic pattern. For example, if maintaining low scale is a goal, zoning regulations that allow signif-icant height increases could be incompatible. In other cases, zoning regulations may be incompatible with preservation goals because they are too restrictive. For example, if a goal is to preserve the char-acter of a neighborhood where houses were typically built very close together, zoning regulations that require a significant setback be-tween properties could be incompatible. One such zoning and historic preservation conflict is found with R-2 zoning, the zone district designation for the Central Residential His-toric District and University Residential Historic District. In addition to single-family dwellings, the R-2 zone district currently permits two family dwellings, townhomes and dwellings with up to 18 dwelling units per acre, which is not in character with the historic nature of these districts. Secondary units are also appropriate in R-2 zone dis-tricts, but currently face obstacles in the code that make it difficult for existing garages to be converted into a secondary unit.
• Historic Preservation Ordinance The historic preservation ordinance can be found in Chapter 46 of the zoning code. This chapter establishes a comprehensive program of historic preservation, and covers a variety of top-ics. Chapter 46 establishes the Historic Preservation Commis-sion (HPC), and explains how members of the Brookings HPC are appointed, how vacancies are filled, and their powers and authorities. The historic preservation ordinance also provides information regarding historic landmarks and establishes the Brookings Local Register of Historic Properties. It provides criteria by which properties can be locally designated and the process by which they can be nominated and approved. Historic districts are also discussed in this chapter – how they’re estab-lished, the composition of a local historic district commission, and how Certificates of Appropriateness work and what exterior features they apply to.
300 Main Avenue, a contributing building to the Commercial Historic District (W&Co, 2020)
824 7th Avenue, a contributing property to the University Residential Historic District (W&Co, 2020)
Final Draft: February 2021 29
Building CodeRequirements for fire safety, emergency exiting, and other construc-tion-related issues are part of the building code. The City utilizes the International Existing Building Code (IEBC) and the International Building Code (IBC). The versions for each of the IBCs that are en-forced can be found on the City’s “Building Permits/Applications” webpage. City staff may be able to assist applicants with flexible de-sign solutions that promote preservation objectives while still meet-ing code requirements.
Comprehensive PlanThe City of Brookings Comprehensive Plan: Planning for 2040 “pro-vides a vision for the future of Brookings with a focus on priorities, policies, and public investments over the next 20 years.” The primary roles of the Comprehensive Plan are Community Building, the Legal Basis for Land Use Regulations and Decisions, Guidance for Decision Makers, and that it is Responsive to a Changing World. The directive to establish this Historic Preservation Plan stems from the Comprehensive Plan, which states that “a comprehensive historic preservation plan should identify future preservation and rehabilita-tion initiatives.”Historic preservation-related findings are primarily found in Chap-ter 7 of the Comprehensive Plan, which focuses on Quality of Life, of which one of the 11 recommendations is to “Maintain the city’s her-itage through historic preservation.” This goal notes that the historic structures and districts in Brookings are a “special part of the charac-ter of the community and the preservation of these places should add to the quality of life and create a vibrant urban environment.” It also recognizes that safeguarding history through educational efforts is a crucial component to a preservation program. In order to accomplish this recommendation, three objectives are outlined: • Revise the city-wide historic preservation assessment and im-plement historic preservation plans and programs• Create targeted incentives for preservation, aimed at potential obstacles• Develop guidelines for development in the downtown or other historic districtsThe Plan also explains the current review process as outlined in South Dakota Codified Law Section 1-19A-11.1, and also includes the Secretary of Interior Standards for Rehabilitation.In addition to the preservation-specific section of the Comprehensive Plan, other sections of the Plan establish policies that are preserva-tion-related. These include the following: • Support Healthy Lifestyles (one of the Engagement Themes)This theme recognizes the importance of a community that is physically built to create a safe environment for walking, biking, and riding the bus for people of all ages. While historic neigh-borhoods are not specifically mentioned here, the linear, tree-lined streets in Brookings’ historic districts add to this sense of a comfortable physical environment that contributes to the ability to maintain a healthy lifestyle.
152
BROOKINGS: A COMPREHENSIVE PLAN
PRESERVATION PLANNING
IN BROOKINGS
South Dakota Codified Law Section 1-19A-11.1
establishes procedures for historic properties
identified throughout the state. Included
in this section is a review process that is
required for any project involving property
included in the National Register of Historic
Places or the State Register of Historic Places
prior to the owner receiving a building permit.
The 11.1 review process (as it is known across
the state) uses the Secretary of the interior’s
Standards for Rehabilitation as the primary
metric for evaluating a project’s impact on a
historic property.
The State Historic Preservation Office (SHPO),
in collaboration with the local Brookings
Historic Preservation Commission, and City
of Brookings staff, reviews proposals to
determine if a project has the potential to
damage, encroach upon, or destroy historic
properties.
The goal of this process is to ensure that
projects proposed in historic districts and/
or on historic properties consider all feasible
and prudent alternatives to minimize harm
to historic properties and their character-
defining features.
FIGURE 7.3: Historic Districts in Brookings
Central Residential
Historic District
University Residential
Historic District
Medary3rd Street
6th Street
8th Street
MainCommercial
Historic
District
Sexauer Seed
Historic District
Sexauer Seed
Historic District
151
7PLAN ELEMENTS
Require features in low density developments
that create a sense of community
Ultimately, creating great places involves more than just a
building; it includes creating a public realm that may include
walkways, landscaping, public spaces to meet or enjoy,
shapes and edges, public art, street furniture, water, and other
ingredients. It is very difficult to legislate good places for people
but the city should strive to create projects that, even when they
seem routine, contribute something to the beauty and welfare of
the city.
MAINTAIN THE CITY’S HERITAGE THROUGH
HISTORIC PRESERVATION
Brookings historic districts and structures hold a special place in
the hearts of many residents. Preservation of these places should
add to the quality of life and create a vibrant urban environment.
Retaining the historic quality of districts and buildings is
important to safeguard history but should also benefit the
community as a whole. Preservation should enhance the
environmental quality of the city, improve the economic potential
of a neighborhood or building, and strengthen property values.
Revise the city-wide historic preservation
assessment and implement historic
preservation plans and programs
Brookings should improve its understanding of the extent
and condition of its existing historic resources and the state of
current practice. This should be done through the development
of a historic preservation assessment that quantifies the impact
of current development patterns and existing policies and
regulations on the city’s historic resources. A comprehensive
historic preservation plan should identify future preservation and
rehabilitation initiatives. Historic preservation programs should
implement the basis for new and improved policies, review
guidelines, and incentives to conserve the city’s spectrum of
historic assets.
Create targeted incentives for preservation,
aimed at potential obstacles
Cities and developers have used a wide variety of tools to remove
the obstacles to historic preservation. These have included
low-interest or forgivable loans, Tax Increment Financing,
historic tax credits, preservation easements, and expedited
review processes. These strategies should focus on two general
areas: financing gaps created by some of the contingencies of
historically appropriate preservation (see Department of Interior
Standards) and adaptive reuse, and concerns by developers
about delays or uncertainties during the project development
process.
Develop guidelines for development in the
downtown or other historic districts
Development should respect the historic character of downtown
and adjacent historic neighborhood districts. However, historic
design guidelines should be just that, “guidelines” and not
prescriptive regulations that deter redevelopment and result in
continued deterioration of historic structures. The guidelines
should be a guide to building owners, contractors and project
reviewers prior to work being initiated and should support
the compatible use of a property through repair, alteration,
or addition while preserving those portions or features which
convey its historical, cultural, or architectural value.
This excerpt from the Comprehensive Plan discusses the importance of planning with historic resources in mind, and planning for the future of these historic resources as they are important character-defining features in the community.
Another excerpt from the Comprehensive Plan shows a map of the historic districts in Brookings and discusses the state law that establishes the review process for historic resources.
30 Brookings Historic Preservation Plan
• Strong and Affordable Neighborhoods (one of the Engagement Themes)This theme recognizes that the quality of the neighborhoods in Brookings is part of what makes the City unique and that makes it a desirable place to live. “Strong neighborhood design, quality of life features, and a diversity of housing products” are all part of what makes strong and affordable neighborhoods, and Brook-ings’ historic resources contribute to this as well. • Quality of Life: Community and Neighborhood CharacterIn the existing conditions for the Quality of Life section of the Plan, it is noted that “Brookings’ identity remains strong as evident from its historic neighborhoods and downtown.” The community’s historic resources are a key part of its unique character. • Revitalize and Stabilize Older NeighborhoodsIn Chapter 4: Housing and Neighborhoods, one of the seven recommendations for action is to “revitalize and stabilize older neighborhoods.” This action recognizes that maintaining a stock of affordable housing is key, and that older neighborhoods often assist in accomplishing this goal, along with preserving the “culture, history and identity of the community.” The historic districts in Brookings are a key part of revitalizing and stabiliz-ing older neighborhoods, and may provide an opportunity for affordable housing, while educating residents and visitors about the culture, history and identity of the community. Within this particular recommendation are two key objectives. The first is to “Establish or continue to fund rehabilitation pro-grams.” This objective focuses on the need for a mix of owner and renter assistance programs to help with emergency repairs, rehabilitation loan programs for low income households, and energy efficiency loans. It recognizes that rental assistance programs are more challenging but would likely be paired with code enforcement in order to remain effective. However, by providing assistance to rental properties, it means that they can stay competitive with the new construction units, especially those around the university. The second key objective within this recommendation is to ex-pand the demolition program that would likely focus on remov-ing vacant or abandoned manufactured homes. This objective does recognize that “special considerations should be rendered to demolition activities when contemplating historic resources.”
Historic image of 300 Main Avenue, now a contributing building to the Commercial Historic District (Photograph from Brookings staff)
427 Main Avenue, Nick’s Hamburger Shop, a contributing historic building to the Commercial Historic District and individually designated to the National Register of Historic Places (W&Co, 2020)
Final Draft: February 2021 31
• Strategic Development Areas: 6th Street CorridorIn planning for this corridor, the public identified “encouraging a graceful transition between those properties with frontage on 6th Street to those with frontage on 7th and 5th Streets respec-tively” as one of their priorities to mitigate negative impacts on the adjacent historic districts. This priority noted by the pub-lic recognizes the importance of preserving the community’s historic resources when considering new development, and the importance of making development compatible with adjacent or nearby historic resources.• Strategic Development Areas: Downtown BrookingsA key approach to Downtown Brookings is to preserve its histor-ic assets. This approach explains the importance of the designat-ed historic district and its role as an economic development tool for the community. By highlighting these historic resources, the downtown cultural experience can be enhanced when combined with “walkability, attractive landscaping, and diverse social opportunities.”
Design Assistance & ReviewDesign assistance materials are found on the City’s website and in-clude the Downtown Brookings Design Guidelines. Design guidelines provide criteria for determining the appropriateness of proposed work affecting historic structures. They inform a property owner in advance of how a proposal will be evaluated. Effective design guide-lines provide clear examples of design treatments. In addition, they define the range of flexibility that may be available for alterations and additions to properties. They can also help to identify which features are significant and should be preserved, and conversely, which fea-tures are less critical to the integrity of a historic resource, thereby indicating whether greater flexibility may be afforded. Design assistance can also be found in the form of the Secretary of the Interior’s Standards for Rehabilitation, the National Park Services Preservation Briefs and the National Park Service Interpreting the Standards Briefs.Design review is a collaborative process used to examine public and private projects for their aesthetic, architectural, or urban design quality, historic appropriateness, and compatibility with surround-ing context. A well-organized design review process helps protect a community’s historic character. It is a management tool that applies in addition to zoning regulations that may provide some context-sen-sitive standards.Currently, design review is required when a permit application is submitted that may negatively impact a historic resource. When this determination is made, the 11.1 review process begins, which is de-scribed on the following pages.
712 4th Street, a contributing property to the Central Residential Historic District (W&Co, 2020)
“Hobo Day” (photo from Brookings staff)
32 Brookings Historic Preservation Plan
Summary of SDCL 1-19A-11.1 Review Process
Permit is requested for a project involving a historic property
Project does not have the potential to damage,
destroy, or encroach upon historic property
Project has the potential to damage, destroy, or encroach upon
historic property
City notifies State Historic Preservation
Office (SHPO). SHPO has 30 days to initiate
an investigation by requesting a Case Report
Within 30 days of notification,
SHPO does not request a Case
Report.
Within 30 days of notification, SHPO requests a
Case Report. The City is responsible for the
Case Report but the applicant may help pre-
pare it. SHPO may request that the HPC review
and comment on the Case Report. City sends
completed Case Report, and HPC comments if
requested, to SHPO for review.
SHPO finds the project will not
damage, destroy, or encroach upon
historic property.
SHPO finds the project will
damage, destroy, or encroach
upon historic property.
City determines
whether to issue
permit.
City makes final determination
whether to issue permit.
If the SHPO determines the project will damage, destroy, or encroach upon historic property, the City cannot issue the permit until
it has made a written determination, based upon the consideration of all relevant factors, that there are no feasible and pru dent
alternatives and that the program includes all possible planning to minimize harm to the historic property, resulting from su ch use.
Based upon consideration of all
relevant factors, City makes
final determination not to issue
permit.
Based upon consideration of all relevant factors, City makes final determination that there
are no feasible and prudent alternatives and that the program includes all possible planning
to minimize harm to the historic property. Prior to issuing permit, City must give 10 days’
notice by certified mail to SHPO and include a complete record of factors considered.
SHPO issues final comments to the City.
Final Draft: February 2021 33
State Plans and Policies
• State Statute: 11.1 Review ProcessSDCL 1-19A-11.1, or “11.1 Review” process as it is referred to by the Brookings Historic Preservation Commission, begins with a permit request for a project involving a historic property. This permit request is submitted to the City Planner, who determines whether the project has the potential to damage, destroy, or en-croach upon a historic property. If it is determined that the proj-ect does have that potential, the City Planner then notifies the SHPO of the project. Upon receiving the notification, SHPO may request a Case Report, which is the responsibility of the local government, who may also request that the applicant help pre-pare it. In these cases, the BHPC may also review and comment on the Case Report. The Case Report and any comments are then submitted to the SHPO for review and comment on whether the permit application should be approved. If SHPO determines the project will not damage, destroy, or encroach upon historic property, a permit can be issued; however, if it is found the proj-ect will damage, destroy or encroach upon historic property, the City cannot issue the permit unless it is determined there are no feasible and prudent alternatives and that all possible planning to minimize harm to the historic property is being completed. A flowchart explaining the full 11.1 review process can be seen on the preceding page. The “11.1 Review Process” webpage on the City of Brookings website includes a series of other helpful forms and informational pages to explain the 11.1 Review Pro-cess.
• Statewide Preservation Plan (2021 – 2025)The South Dakota Statewide Preservation Plan is a guide for preservation efforts taken on by communities, preservation organizations, and individuals throughout the state. It seeks to establish priorities and direction for historic preservation in South Dakota over a five year period. After recognizing a series of new opportunities for preservation to take advantage of, including heritage tourism, the Plan notes a range of threats to historic resources throughout the state including neglect, natural resources, lack of awareness and economic development pressures. The Plan outlines a series of goals to accomplish over the next five years that focus on the National Register, Cultural Resources, Planning and Historic Context Development, the Re-view and Compliance Program, Certified Local Governments, the Grant and Tax Incentive Program, and Historical Markers.See also The South Dakota Preservation Plan, 2021 - 2025 pro-duced by the State Historic Preservation Office.
727 Main Avenue, also known as the Cobel, Ivan House, is individually designated in the National Register of Historic Places. (W&Co, 2020)
34 Brookings Historic Preservation Plan
National
• Secretary of the Interior’s Standards for RehabilitationUnder the National Historic Preservation Act (NHPA), the Sec-retary of the Interior is responsible for providing guidance on the preservation of the nation’s historic properties. While the Standards included in this document are regulatory for projects that receive the Historic Preservation Fund grant assistance and other federally assisted projects, they also provide general guid-ance for work on a historic building.
• National Park Service Preservation BriefsSimilar to the Secretary Standards, the Preservation Briefs pro-vide information on how to preserve, rehabilitate and restore a historic building. The Briefs are organized into 50 individual PDFs that cover a range of topics including improving energy efficiency in historic buildings, repairing historic wooden win-dows, and making historic properties accessible.
Other Management Tools
• Conservation DistrictsA Conservation District is a geographically definable area that conveys a distinct character that demonstrates traditional development patterns. Some communities adopt conservation districts as a complement to historic districts. It may contain individual historic structures and components or groupings of historic structures. Regulations focus on major alterations and new construction. Applying design guidelines or standards to a conservation district serves to maintain its unique character. Creating a conservation district is a zoning tool used to maintain traditional neighborhood character in areas where residents seek some form of protection, but where historic designation is not appropriate or is not desired. A conservation district helps shape the character of new development and redevelopment by providing specific design standards and/or design guidelines that apply in addition to base zoning standards. This may also enable specific incentives or benefits for the Conservation Dis-trict. While the use of a conservation district might be a possi-bility in Brookings, their use and application need to be further analyzed.
• Overlay DistrictsAn overlay district is a zoning tool that provides context-spe-cific regulations in certain areas, in addition to the underlying base zone district. An overlay district can be used for a wide variety of purposes including regulating the height of an area to preserve views, creating design review for a specific area or providing design characteristics that define an area. For many communities with historic resources, an overlay district pro-vides an opportunity for the Historic Preservation Commission to review modifications toward local landmarks and properties within historic districts. The process for adopting an overlay differs slightly depending on the community, but most overlay districts must go through a public hearing and allow opportu-nity for public input. It is often adopted by Council as it is an amendment to the zoning ordinance.
327 Main Avenue, a contributing building to the Commercial Historic District (W&Co, 2020)
311 Main Avenue, a contributing building to the Commercial Historic District (W&Co, 2020)
Final Draft: February 2021 35
Management Tools Component Analysis
Issues • The University Residential and Central Residential Historic Districts are both zoned R-2, which provides for two-family, townhouse and multiple-family residential uses in addition to single-family use. This puts pressure on properties in the resi-dential historic districts to redevelop to higher density, especial-ly close to the SDSU campus. • Design guidelines currently only address the maintenance and improvement of commercial historic resources, and do not provide guidance on how to address residential historic resourc-es. Design guidelines are also written informally rather than as direct statements.• Property owners, especially those that have not been through the 11.1 review process, may not understand what constitutes appropriate and inappropriate changes to a historic resource. Without this knowledge, the 11.1 review process can be lengthy and costly. • When emergency repairs are needed, such as water damage, the 11.1 review process often takes longer than a property owner has available. • Historic resources are not protected from demolition, even if they are listed in the State or National Registers.• Historic resources sometimes fall into disrepair due to neglect, and the current 11.1 process does not address this issue.
Opportunities• Create a set of residential design guidelines to provide guid-ance to property owners of residential historic resources. This document should include guidance for appropriate additions, infill development that is sensitive to context, windows, and ma-terials. In addition to text guidelines, they should also provide visual examples and options. For more information, consult S.D. Administrative Rules 24:52:07:04 “Standards for new construc-tion and additions in historic districts.”• Review and enhance the existing commercial design guidelines to provide further design assistance to property owners. These guidelines should also provide information about appropriate infill development, additions to historic buildings (including elevator additions), windows, materials, and accessibility. In ad-dition to text guidelines, they should also provide visual exam-ples and options.
Looking at the eastern side of Main Street between 3rd Street and 4th Street in the Commercial Historic District. A majority of these buildings are listed as contributing to the historic district. (W&Co, 2020)
309 - 311 Main Avenue, three buildings listed as contributing to the Commercial Historic District (W&Co, 2020)
36 Brookings Historic Preservation Plan
• Explore the use of an overlay district to protect the design character of the University Residential and Central Residential Historic Districts.• Establish an informal pre-application meeting to provide an opportunity for an applicant to review design questions and receive design advice prior to submitting a permit application. »Note that this meeting should be with staff rather than a BHPC member because BHPC members meeting with applicants outside of a public meeting could lead to ex parte communications. Applicants are encouraged to seek BHPC consultation on a project during a meeting, prior to scheduling a formal 11.1 review meeting with the BHPC where a recommendation is provided.• Create an informational pamphlet that pairs with the 11.1 review process flowchart that includes information on “things to watch out for” and “consider this” items for property owners to review prior to submitting a permit application that will go through the 11.1 review process.• Explore the use of Conservation Districts in the residential areas of Brookings.• Schedule a time (potentially quarterly) for SHPO staff to visit Brookings to meet with property owners considering sub-mitting a permit application that will require the 11.1 Review process. This will provide early design feedback for property owners to ease the 11.1 process.• Consider forming HPCs specific to each historic district, or sub-committees of the existing HPC to act as an informal homeown-er’s association.• Explore ways to prevent demolition by neglect, such as working with the SHPO to add to the 11.1 review process or to strength-en or act on Sec. 46-42 of the historic preservation ordinance (Prevention of deterioration by neglect).• Explore solutions with the SHPO to provide emergency relief when a project is needed but requires 11.1 review. Emergency relief may be needed after a natural disaster damages a property and exterior maintenance is required to keep the historic prop-erty safe and functioning for the occupants.• Consider creating an overlay district that addresses the pub-lic realm of the historic districts and distinguishes them from other neighborhoods. For instance, extend the use of the historic streetlamps throughout the residential historic districts.• Consider any code barriers that make it difficult to split a large commercial space downtown into smaller tenant spaces, with-out compromising the historic integrity of the structure, in order to accommodate the changing needs of non-retail businesses.• Consider ways to encourage non-retail businesses to occupy up-per floors in downtown buildings in order to reserve retail and active use spaces to the ground floor with windows.
825 4th Street, a contributing structure to the Central Residential Historic District. This property is also adaptively reused, currently functioning as the Satyagraha Institute. (W&Co, 2020)
Final Draft: February 2021 37
Incentives and BenefitsThe incentives and benefits component of the preservation program includes the tools that assist property owners in maintaining histor-ic structures. Effective preservation programs offer special benefits to stimulate investment in historic structures, encourage owners to follow appropriate rehabilitation procedures and assist those with limited budgets.Incentives and benefits take many different forms including:• Financial assistance – property tax incentives and federal in-come tax credit programs are two examples• Regulatory relief – focus on avoiding unintentional obstacles to preservation in other city regulations and also provide added flexibility in other regulations as they apply to historic resources• Technical assistance – this is especially valuable to homeown-ers and small commercial properties, but may also be useful to institutional property ownersProperty owners of designated historic resources may be eligible for one or more of the incentives or benefits offered.
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
427 Main Avenue, Nick’s Hamburger Shop, a contributing historic building to the Commercial Historic District and individually designated to the National Register of Historic Places (W&Co, 2020)
811 7th Avenue, a contributing property to the University Residential Historic District (W&Co, 2020)
38 Brookings Historic Preservation Plan
National
• Federal Historic Rehabilitation Tax CreditThe 20% income tax credit is available for the rehabilitation of historic income-producing buildings that are determined by the Secretary of the Interior, through the National Park Service (NPS), to be “certified historic structures.” In order to be eligible for this program, the property must be listed in the National Register of Historic Places. The SHPO office and the NPS review the rehabilitation work to ensure it complies with the Secretary Standards for Rehabilitation.
• National Trust Preservation FundGrants from the National Trust Preservation Fund (NTPF) encourage preservation at the local level by providing money for preservation projects. These grants help stimulate public dis-cussion, fund technical expertise for local groups for particular projects and introduce the public to preservation concepts and techniques. These grants provide seed money for a preservation project and encourage financial support from the private sector. Eligible projects include planning activities and/or educational efforts focused on preservation such as: »Planning - support for obtaining professional expertise in areas such as architecture, archaeology, engineering, preservation planning, land-use planning, and law. »Education and Outreach – support for preservation education activities aimed at the public. The National Trust is particularly interested in programs aimed at reaching new audiences. Funding will be provided to projects that employ innovative techniques and formats aimed at introducing new audiences to the preservation movement, whether that be through educational programming or conference sessions.Ineligible activities and expenses include: »Building or construction activities »Academic research »Acquisition of real property or objects »General support for conferences »Organizational capacity building activities (unless pre-approved by the National Trust) »Staff or faculty salaries »Organizational overhead costs »Catering, food and beverage, entertainment »Construction or other capital improvement costs »Expenses incurred prior to award dateThese are competitive, matching grants and range from $2,500 to $5,000. Only Organizational Level Forum members or Main Street America members of the National Trust are eligible to apply for NTPF funding. Additionally, applicants must be either a public agency, 501(c) (3), or other non-profit organization. To learn more about this grant and if you’re eligible, visit the SHPO website, or the National Trust for Historic Preservation’s web-page.
823 9th Ave, a contributing property to the University Residential Historic District (W&Co, 2020)
819 9th Avenue, a contributing property in the University Residential Historic District (W&Co, 2020)
Final Draft: February 2021 39
• Certified Local Government (CLG) Grant ProgramThe Certified Local Government Grant Program offers match-ing grants to cities and counties that have been “certified” as historic preservation partners with both the state and federal governments. The SHPO administers this program on behalf of the NPS. These grants can be used for a wide range of preserva-tion projects, including National Register nominations, historic resource surveys, preservation education, preservation code de-velopment, building restoration, and preservation planning. CLG grants are matched dollar for dollar. More information about CLG grants including the application and allocation schedule can be found on the Historic Preservation Commission’s webpage on the SD SHPO website.
State
• State Property Tax MoratoriumThe South Dakota Legislature has provided for certain property tax benefits for the rehabilitation of historic structures. If a certi-fied historic structure qualifies for the tax benefit, an eight-year moratorium is placed on the property tax assessment of certi-fied improvements. During the eight-year period, the property tax assessments may not be increased due to improved projects. In order to qualify for the property tax moratorium, the proper-ty must meet the following criteria: »Be listed in the State or National Register of Historic Places individually or as a contributing resource in a historic district »Rehabilitated according to the Secretary of the Interior’s Standards for Rehabilitation »Encumbered with a covenant attached to the deed of the property for the life of the moratorium guaranteeing the continued maintenance and protection of the building’s historic features for the life of the moratoriumProperty owners interested in utilizing this incentive are strong-ly encouraged to submit plans and specifications to SHPO prior to beginning work to ensure the property will quality. Appli-cations submitted will be forwarded to SHPO and the Resto-ration Specialist, who will determine if there are any potentially controversial components of the project proposal. The Board of Trustees makes a final determination on whether the property meets the Secretary of the Interior’s Standards for Rehabilita-tion and qualifies for the incentive. More information about this incentive can be found on the City’s “Historic Preservation Commission” page, or on the SHPO web-site.
• Deadwood Fund GrantThe Deadwood Fund Grant is funded by a portion of gambling revenues that are generated in Deadwood, SD. Grants range from $1,000 to $25,000, and must be matched from non-federal and non-state sources. The grant is awarded to projects that “retain, restore, or rehabilitate historic buildings, structures, and archaeology sites in South Dakota for commercial, residential, or public purposes.”
318 Main Avenue, currently listed as a noncontributing building in the Commercial Historic District (W&Co, 2020)
40 Brookings Historic Preservation Plan
To be eligible for the Deadwood Fund Grant, a property must meet the Secretary of the Interior’s Standards for Rehabilitation. Applications are considered bi-annually. For more information about this grant – including the application packet, photograph-ic documentation guidelines, and previous year grant recipients – visit the SHPO webpage.
• South Dakota State Historic Preservation Office Funding GuideIn 2014, the SHPO developed a Funding Guide to assist property owners throughout the state with preservation and building projects. This guide provides information about grants and loans but does not guarantee that the funds are still available as this guide was published six years ago. It is up to the applicant to do due diligence to ensure that a grant or loan listed in this packet is available.
Local
• Downtown Economic Development Incentive FundIn early 2020, the Downtown Brookings Business District Com-mittee relaunched the Downtown Economic Development In-centive Fund (DEDIF), a revolving loan fund. This loan program aims to stimulate private investment in downtown Brookings by lending funds to current or potential property owners. The low-interest loan can be utilized for real estate improvements, repairs and preservation work. More information about this loan program can be found by contacting the Downtown Brook-ings Business District Committee.
505 Main Avenue, a contributing building to the Commercial Historic District (W&Co, 2020)
Final Draft: February 2021 41
Incentives and Benefits Component Analysis
Issues • While a variety of incentives are available for historic preserva-tion projects, there is a lack of incentives (financial and regulato-ry) from the local level. • The City’s funding capability is limited. • Existing incentives are insufficient to promote historic designa-tion of properties to the Local Register
Opportunities• Explore offering incentives for preservation at the local level. The following list includes a variety of incentives that some communities provide at the local level: »Property tax incentives »Incentives that put rehabilitation and adaptive reuse projects above scraping and rebuilding »Incentives for secondary dwelling units »Reducing or removing tax on building materials for historic properties• Explore offering an incentive that eases some regulations when a property (rental or owner-occupied) is properly maintained. • Consider creating a revolving fund to assist property owners with work on their historic structure.
211 Main Avenue, a contributing structure to the Commercial Historic District (W&Co, 2020)
Looking at western side of the Commercial Historic District between 3rd Street and 4th Street. Approximately half of the buildings in this image are listed as contributing to the historic district. (W&Co, 2020)
42 Brookings Historic Preservation Plan
EducationEducational programs build awareness and strengthen skills that support preservation efforts in the community. Helping property owners learn how to maintain their historic structures as active, via-ble assets is key to a successful preservation program. Many property owners willingly follow appropriate rehabilitation procedures and develop compatible designs when they are well informed about pres-ervation objectives.Workshops that provide helpful information about rehabilitation techniques and publications that build an understanding of histor-ic significance are examples of education and outreach strategies. Well-written design guidelines that provide useful information can also serve an educational role, in addition to a regulatory role as a management tool. Education and outreach efforts help ensure that the importance of historic preservation is well understood within the community. Additionally, they may help property owners better understand the range of flexibility that is available in the adaptive reuse of historic structures. In addition, providing education and training opportunities for staff and the HPC is integral to a strong preservation program.
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
In addition to walking tours, bikes are often used as a form of transportation to view and learn more about historic resources in Brookings.
The two photos above show holiday trolley rides, an annual event hosted by the Brookings Historic Preservation Commission, that focuses on the history of and buildings in the Central Residential Historic District.
The annual Mayor’s Awards for Historic Preservation honors outstanding work on historic structures throughout the community.
Final Draft: February 2021 43
Ongoing Programs
• Mayor’s Awards for Historic PreservationEach year, the BHPC and the Mayor’s office celebrate the best of preservation in Brookings by presenting Mayor’s Awards to individuals, organizations, or businesses whose work on historic properties in Brookings demonstrates achievements in historic preservation. Eligible projects involve the rehabilitation of older homes, businesses, or rental properties judged on consistency in materials appropriate to the date of construction, quality of workmanship, and sensitivity to the environment. Nominations are due in May to the BHPC. For more information about how to apply and to see previous winners of the award, visit the “May-or’s Awards for Historic Preservation” webpage on the City’s website.
• Historic Walking ToursIn conjunction with other summer activities, the BHPC offers two (2) historic walking tours annually with the commission members serving as docents. A tour of the Central Residential Historic District and the Downtown Commercial Historic District provide an educational experience to the general public. Walk-ing tour information for the Central Residential Historic District and the Downtown Commercial Historic District is also available for Apple products through an application titled “Yonward.”
• Trolley RidesDuring the City’s Festival of Lights, the BHPC sponsors a horse-drawn trolley ride through the Central Residential Historic District. Led by Commission members, the trolley rides provide an opportunity for community members to learn more about the history and architecture of the Central Residential Historic District in a unique format.
Intermittent Programs
• Hands-on Workshops and GreenFest 2014In May 2014, the BHPC sponsored Bob Yapp, a nationally-rec-ognized historic preservation expert, to host a three-day series of hands-on workshops to address wood repair, painting and window restoration of historic structures. Bob’s expertise was also highlighted the same year at GreenFest, an event sponsored by the BHPC, the Brookings Sustainability Council, SDSU Envi-ronmental Stewardship and Sustainability Committee, and the SDSU Ecology Club. During this event, Bob Yapp provided three shorter seminars.
• Green DrinksGreen Drinks was an event sponsored by the Sustainability Com-mittee that was held at a local brewery. The BHPC participated several times to address preservation topics that were also linked to sustainability. The committee liaison for the Sustain-ability Committee confirmed the Green Drinks events are no longer occurring. The BHPC decided in 2019 that they wanted to focus more commission energy on the Mayor’s Awards, Walking Tours, and the Trolley Rides.
Historic Preservation Workshops
Summary
Impact
Brookings Historic Preservation Commission
In May 2014, the Brookings Historic
Preservation Commission brought in nationally-
recognized historic restoration expert Bob Yapp
to lead three day-long hands-on workshops on
wood repair, painting, and window restoration.
The HPC also partnered with the Brookings
Sustainability Council, SDSU Environmental
Stewardship and Sustainability Committee, and
the SDSU Ecology Club to provide three shorter
Bob Yapp seminars at the city’s annual
GreenFest event. Grant funds to the Brookings
Certified Local Government through the
Historic Preservation Fund (NPS) went towards
presenter fees, travel, marketing, equipment and
materials, and conference center rental.
The main goal of the project was to increase
public awareness and teach technical skills in
historic preservation. The 32 workshop
attendees and about 50 seminar attendees
included historic homeowners, home
contractors, professionals in related fields, and
commission members from other Certified
Local Governments.
“We all now know how to handle rot repair,
painting, and window restoration, but we also
have a sense of how Bob has developed and
focused his life's work, and understand what a
noble calling preservation work is.”
- John Erickson, Clay County HPC
“Bob Yapp presented down-to-earth advice and
personally researched product information, and
demonstrated professional techniques that
homeowners can really use…. He sent us home
feeling confident and energized!”
- Rolene Schliesman, SDSHS Board Member
SD SHPO, January 2014
Bob Yapp with attendees, re-glazing a historic window
Public poster to advertise the workshops
Bob Yapp leads a hands-on workshop on window repair and restoration during GreenFest in May 2014.
April 26 6:00 p.m.
Green Drinks
with the Brookings Sustainability Council
You are invited!
Wooden Legs Brewing Company
Ur052 9/17
Please join the Brookings
Sustainability Council to
hear Angela Boersma, AIA,
NCIDQ, LEED AP, principal
architect & interior designer
at ID8Architecture, discuss
sustainability and materials.
Sustainability through the
Lens of Historic Materials
Green Drinks flyer inviting community members to this event that the BHPC often participated in to present preservation topics as part of the agenda.
44 Brookings Historic Preservation Plan
One-Time Events
• “Welcome to the Neighborhood” event for university students In order to create a stronger relationship between SDSU students living off-campus in the University Residential Historic District and residents of the District, a “Welcome to the Neighborhood” event was held once. This event created an opportunity for students and residents living in the same neighborhood to get to know one another, and to create a sense of community between the groups. This event was held once in the University Residen-tial Historic District at the beginning of the academic year, and residents report that the relationship with students living in the neighborhood was more positive than in other years.
Educational Materials
• Walking Tour BrochuresThe Brookings BHPC created a series of walking tour brochures for residents and visitors to learn more about historic resources in Brookings. These brochures include: »Brookings Commercial Historic District Walking Tour »University Residential Historic District Walking Tour »Central Historic District and Urban Arboretum Walking TourThe primary way for people to access these brochures is through the hard copies. In the beginning of 2020, these brochures were made more accessible at City Hall. The Commercial Historic Dis-trict brochure is also available on the Visit Brookings website.
• Educational BrochureIn 2015, the BHPC created an educational brochure that was distributed to property owners in historic districts in 2015, 2016, and 2017. The brochure was also occasionally sent to realtors and contractors. This brochure primarily notified anyone living in or working on a historic property that there were regulations to meet prior to beginning a project. During the time that the brochure was distributed, there were more consultations with city staff and the BHPC in advance of building permit applica-tions. The brochure has not been sent in recent years, primarily because the shift of the BHPC support to the Community Devel-opment office has helped raise awareness among Building Permit and Code Enforcement staff who now help direct property own-ers of historic buildings to the City Planner prior to beginning a project. While it hasn’t been used in a few years, the educational brochure is available for distribution if the BHPC feels it would be beneficial to notifying property owners and others working on or with historic properties about the regulations.
• National Register PlaquesPlaques, purchased and installed through grant funds, are provid-ed for historic structures listed in the National Register of His-toric Places. These plaques are most often located near the front door of a residential or commercial property, but sometimes are located on a post on the sidewalk. Each plaque includes the name of the building, the year in which it was built, if it is part of a his-toric district, and the date on which it was placed on the National Register of Historic Places. These plaques serve as an educational tool for residents and visitors.
Did you know your property is
located in one of Brookings’
four historic districts? City of Brookings 520 3rd Street, Suite 140 Brookings, SD 57006 What is a
Historic District?
The �a�onal �egister of Historic �laces is the
o�cial list of the �a�on�s historic places
worthy of preserva�on.
Historic preserva�on is an important
component in maintaining a vibrant cultural
iden�ty. The Brookings Historic �reserva�on
Commission works in tandem with the State
Historic �reserva�on ��ce to ensure our
architectural treasures will live on for future
genera�ons.
Historic preserva�on plays an important role
in South Dakota’s economy through heritage
tourism, ta� and construc�on revenues, and
job crea�on�just to name a few.
Be proud that your property is part of what
makes Brookings amazing!
Brookings Historic �reserva�on Commission
520 Third Street, Suite 140
Brookings, SD 57006
(605) 692‐6629
A historic district is a concentra‐
�on of buildings, structures, sites,
or objects with shared local,
state, or na�onal historic signifi‐
cance for their associa�on with
important events, people, design,
or archaeological value. Districts
are o�en aesthe�cally linked or
share common elements in their
plan and physical development.
These cohesive elements o�en
include similar historic architec‐
tural styles: building setbacks,
forms, massing, height and
materials; views, drives and
walkways; and landscaping such
as tree lined streets. Historic
districts contain contribu�ng and
non‐contribu�ng resources. A
contribu�ng property adds to the
�uali�es that make the district
significant. Brookings’ four dis‐
tricts enhance the overall fabric
of our community. We encour‐
age you to plan renova�ons,
altera�ons and addi�ons that will
maintain the property itself and
the historic district as a whole.
An excerpt from the 2016 Educational Brochure alerts property owners that their property is in a National Register Historic District.
The Commercial Historic District Walking Tour brochure highlights structures throughout downtown with a sketch and historic information. The number next to each structure refers back to the district map that is also included in the brochure.
CITY HALL 310 Fourth Street
City Hall exemplifies the importance of government
in the central business district. It was constructed at a
cost of $25,000 in 1912.
Huron architect George Issenhuth designed this
building highlighted by a window framed by arched
brickwork and a decorative cornice line trimmed
with dentils and modillions featuring egg-and-dart
patterning. A canted entrance provided central access
and is the focus for the arcaded block concept with
Romanesque styling.
The government hall housed the Commercial Club,
city offices, and the fire and police departments. The
police and fire departments moved from the building
in the 1960s and administrative offices in 1982.
On the northeast corner, a decorative clock tower,
with a painted replica of a clock face, was removed
in the 1930s.
17
FIRST NATIONAL BANK 327 Main Avenue
Situated where pioneer banker Horace Fishback
located the towered First National Bank, this
property has always been recognized as the “Bank
Corner.” George Cobel was president of the bank
when the Beaux-Arts classically inspired structure
was constructed in 1919. The front of the building is
dominated by massive Ionic columns and an ornate
pedimented entrance. The brochure distributed at
its grand opening proclaimed: “Standing on the most
prominent corner in the city, its dignified appearance
claims your immediate attention, its granite and brick
walls give you a feeling of permanence, its massive
gray pillars an impression of stability and strength.
From its outward appearance you gain an impression
of confidence.”
19
Final Draft: February 2021 45
Educational Component Analysis
Issues • Many creative and successful efforts have occurred to promote preservation throughout Brookings but sustaining these efforts long-term has been difficult.• Many SDSU students living off-campus in a historic district do not understand the history and the unique character of the dis-tricts, or how to properly care for a historic resource.• Not all events that could be held as an annual event, such as the “Welcome to the Neighborhood” event, are being hosted on an annual basis due to the lack of organizational leadership.• Some SDSU students do not understand the history of the com-munity within which they are living. • Maintenance on many historic properties, especially rentals, is lacking, often due to the absence of information given to proper-ty owners regarding appropriate upkeep of a historic property.• Some National Register plaques on designated historic buildings are in disrepair, have gone missing or have not been distributed to property owners.• A lack of technical workshops for property owners hoping to repair windows, siding and other components of their historic structures makes it more difficult for them to find the informa-tion. • A lack of awareness of preservation incentives for some proper-ty owners.
Opportunities• Continue hosting educational events such as the “Welcome to the Neighborhood” event for SDSU students and resident neigh-bors in the University Residential Historic District to get to know one another. In order to do so, an organization would need to take leadership of this. • Consider hosting the “Welcome to the Neighborhood” event in the Central Residential Historic District in addition to the University Residential Historic District. As off-campus housing needs expand, this event may become applicable to both his-toric districts if students living off-campus begin living in both districts.• Consider a mailing or newsletter to SDSU students that live off-campus to provide information about the historic district within which they live, and to also serve as an informational tool regarding property maintenance, especially for heat and water during a long break.• While the Mayor’s Awards celebrate the best of preservation projects in Brookings, recognize smaller preservation projects by sending a short, personal note to the owners of other suc-cessful projects to recognize their hard work and the impor-tance of supporting preservation.• Translate the walking brochures into a variety of languages so international students and other visitors can learn more about historic resources in Brookings.
The current Yonward platform for the Commercial Historic District.
46 Brookings Historic Preservation Plan
• Expand the use of the Yonward app to Android devices, and include more walking tour information and information about other historic resources in Brookings. • Replace missing and refurbish existing National Register plaques to serve as an educational tool for pedestrians in Brook-ings.• Consider incorporating a tour of Brookings as part of a course requirement for SDSU students that highlights the history of the community, the architecture, important events, etc.• Consider creating a welcome packet for new property owners in the historic districts that includes information about the 11.1 review process, resources, and who to contact with questions about their property. If possible, this welcome packet could be delivered by an HPC member, preferably one that lives in the dis-trict as well. Also make this packet available at the Community Development office.• Explore hosting a series of technical workshops, such as the historic window re-glazing workshop in 2014, to assist property owners with appropriate maintenance of their historic struc-tures. • Consider resuming GreenDrinks annually to highlight the con-nection between historic preservation and sustainability. • Consider hosting realtor workshops, preferably in a historic property, to discuss how to advertise and sell a historic property.• Explore how to advertise historic properties that are for sale, as some potential homeowners seek out historic properties.• Consider publishing a list of contractors in the area that have completed work on a historic property that has been successful-ly reviewed and approved by the 11.1 review process. (Ensure that this is simply a listing and is not recommending contrac-tors.)• Digitize tri-fold with information about each historic district and send to property owners. This should also include information about when and how to contact the HPC and the SHPO regarding a project.
National Register plaques placed on or near historic resources identify historic districts and buildings within the districts.
Explore hosting a series of technical workshops. Here, community members learn how to tuckpoint.
Final Draft: February 2021 47
AdvocacyAdvocacy programs promote policies and plans that support his-toric preservation. This includes lobbying for zoning codes that are compatible with traditional development patterns in older neighbor-hoods and supporting adoption of new incentives to maintain historic structures. They also work to expand the base of preservation players and engage partners in collaborative preservation programs.Historic preservation efforts are often supported by private citizens and non-profit organizations in a community. In some cases, historic preservation is an organization’s primary mandate. Other organiza-tions focus on activities that are not directly related to preservation, but that do have a secondary relationship. Sometimes, these organi-zations provide opportunities for new partnerships.
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
48 Brookings Historic Preservation Plan
Federal and State Preservation Partner Organizations
• National Alliance for Preservation CommissionsThe National Alliance for Preservation Commission (NAPC) was founded in 1983 in response to amendments to the National Historic Preservation Act of 1966. These amendments provide financial assistance to local governments that met requirements of the Certified Local Government (CLG) program, including the establishment of a local preservation ordinance and commis-sion. NAPC provides a forum for commissions to discuss mutual problems and to serve as a national voice representing the par-ticular needs of commissions. NAPC provides technical support and manages an information network to help local commissions accomplish their preservation objectives. Programs include a bi-ennial FORUM conference and Commission Assistance and Men-toring Program (CAMP®). NAPC also serves as an advocate at federal, state and local levels of government to promote policies and programs that support preservation commission efforts.
• South Dakota State Historical Society/State Historic Preservation
OfficeThe South Dakota State Historic Preservation Office (SHPO) manages the National Register of Historic Places program of the National Park Service (NPS) in South Dakota. The program sur-veys, inventories, and registers historical properties. The SHPO also monitors state, federal, and local government activities which affect cultural and historic resources; provides advice on preservation methods; promotes public education on historical properties; and supports municipal and county historic preser-vation commissions to advance the state’s economic, social, and educational objectives. The SHPO established and is responsible for the Certified Local Government (CLG) program.
• National Trust for Historic PreservationThe National Trust for Historic Preservation is a privately funded non-profit preservation organization that was founded in 1949 by congressional charter to support the preservation of America’s diverse historic buildings, neighborhoods, and heritage through its programs, resources, and advocacy efforts. The National Trust aims to save America’s historic sites, tell the full American story, build stronger communities, and to invest in preservation’s future. The organization accomplishes these goals through a variety of programs including: »National Trust Historic Sites »Fund for Sacred Places »African American Cultural Heritage Action Fund »America’s 11 most Endangered Historic Places »Preservation Leadership Forum »PastForward National Preservation Conference
»Main Street AmericaThe National Main Street Center leads a movement committed to strengthening communities through preservation-based economic development in older and historic downtowns and neighborhood commercial districts. The National Main Street Center was established in 1980 as a program of the National Trust for Historic Preservation as a way to address the myriad issues facing older and historic downtowns. The BHPC is a member of Main Street America.
The logos above represent some of the important state and federal partner organizations that assist with various components of the Brookings historic preservation program.
Final Draft: February 2021 49
Local Partner Organizations
• Chamber of CommerceFounded in 1938, the Brookings Area Chamber of Commerce continues to be the leading business organization in the Brook-ings Area. With a mission of promoting, connecting, enriching and advocating for the Brookings area business community, they provide endless opportunities to help businesses succeed. Over 500 businesses are a member of the Chamber of Commerce.
• Downtown CommitteeThe Downtown Committee is part of the Chamber of Commerce, and is funded by the City. The BHPC has representation on the Downtown Committee. Currently, the Downtown Committee is working on a variety of programs to promote preservation directly or indirectly including: »An incentive to assist with preservation efforts including a revolving loan program to fund façade rehabilitation downtown »A “Hidden Gems Tour” to highlight properties in downtown Brookings with unique facts and features including notes on the walls, tiling, etc. This tour is not technical but meant to spark interest in the history of the community »Partnering with movie theaters to incorporate before and after photos in their lobbies »Organizing a “Throwback Thursday” social media post to highlight historic photos from the community »Walking campaign downtown to encourage people to park once and walk to different destinations downtown »Incorporating benches, public art, and plantings downtown to make walking more enjoyable »Highlighting alley-entry businesses and beautifying the alleys »Changing signs to say “Downtown Parking” instead of “72-hour parking” to ensure residents and visitors understand that there’s a place to park and frequent downtown Brookings
• Brookings Public Arts CommissionThe Brookings Public Arts Commission was established to de-velop a unified public art strategy for the City of Brookings and to oversee the Public Art Fund. The Commission also advises 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 pub-lic artwork. The Commission also guides and monitors design development, approves the final design prior to fabrication and approves the installation procedures and maintenance plan. The Commission’s bylaws and guidelines are included on the City’s webpage. The BHPC currently is represented on the Brookings Public Arts Commission.
• Visit BrookingsVisit Brookings is committed to assisting individuals, organi-zations, and meeting planners in the development of outstand-ing events. The organization also promotes events and places throughout Brookings, including the historic walking tours.
The two logos above represent two of the local organizations in Brookings already involved in implementing the preservation program.
50 Brookings Historic Preservation Plan
• Brookings County History MuseumThe Brookings County History Museum is located in Volga and aims to lead in the collection and promotion of the history of Brookings County and the surrounding area in order to ensure the area’s history is preserved for the enrichment and benefit of present and future generations.
Advocacy Component Analysis
Issues • A non-profit preservation organization does not exist that is dedicated to promoting preservation and engaging the commu-nity.• Existing policies do not identify or provide a framework to involve groups and organizations that could assist with historic preservation efforts, even if their primary goals as an organiza-tion are not preservation related. • No formal mechanism exists for advocacy groups and other partner organizations to communicate roles and collaborate on programming efforts.• Minimal programs exist which target heritage tourists.• Homeowners associations to assist with informational resource distribution do not exist in the residential neighborhoods.
Opportunities• New collaborations with organizations and community mem-bers can be explored, and existing partnerships can be en-hanced. Consider working with the following groups: »Look for opportunities to collaborate with SDSU students and faculty in different departments, especially in ways that focus on education of Brookings’ historic resources. »Tourism »Parks, Recreation, and Forestry Department
The Administration Building and Chapel of the College, which were later demolished. (SD Digital Archives)
804 6th Avenue, also known as the W.A. Caldwell House, a contributing structure in the University Residential Historic District, and individually listed in the National Register of Historic Places. (W&Co, 2020)
Final Draft: February 2021 51
»Brookings County Museum »Local events, such as Farmer’s Markets and Hayrides »Brookings School District – with teachers, students, and curriculum »Technical colleges in the area, such as Lake Area Technical Institute »Contractors, developers, and architects »Homeowners associations »Real estate agents »Local farmers »Bicycle organizations »Rental property owners and landlords »Local hotels to display historic photos of Brookings and provide walking tour brochures »Children’s Museum »Local hospitals and healthcare agencies for “healthy walks” »Pedal Pub (to design a route through a historic district) »Register of Deeds – when a historic property is purchased, the property owner would also receive an informational packet about the historic district, the HPC, the 11.1 review process, and other information they may need to know regarding historic resources in Brookings• Partner with organizations throughout Brookings that are host-ing events to which a preservation aspect can be added. This will help reach new audiences while being cognizant of the time and availability of BHPC members’ time.• Partner with tradespeople that can work on historic buildings, such as tuckpointers, to schedule a week or two in Brookings to work on a number of buildings. Property owners could sign up for a time slot ahead of time so the tradesperson knows exactly how long he/she will be working in town.
409 Main Avenue, currently Brookings Furniture Co, a contributing building in the Commercial Historic District. (W&Co, 2020)
52 Brookings Historic Preservation Plan
AdministrationEffective administration is a critical part of a successful historic preservation program. It includes overall organization, the roles of various City departments, staffing, and the procedures that work to assure effective operation of the preservation program.
City of Brookings While the historic preservation program operated out of the City Clerk’s office for over thirty years, it is now part of the Communi-ty Development office. Many property owners have noted that this change has been appreciated as it streamlines the permit application process.
Brookings Historic Preservation CommissionThe Brookings Historic Preservation Commission (BHPC) was estab-lished and became part of the South Dakota Certified Local Govern-ment Program (CLG). Within their list of responsibilities, the BHPC administers historic preservation zoning, identifies and nominates properties to the National Register of Historic Places, and produces educational material regarding Brookings historic resources. Key to their list of responsibilities is the 11.1 review process, through which the BHPC provides review and comment, and may assist in the cre-ation of a Case Report, if requested by the SHPO. BHPC members are appointed by the mayor, with the advice and consent of the council, for three-year terms. The BHPC consists of seven to ten members, two of which must be professionals in the fields of history, architecture, archaeology, paleontology, urban planning or law. Where possible, property owners from each historic district should be considered for membership. The BHPC meets on the second Thursday of the month.
Identification
Administration
Management
Education
Incentives & Benefits
Advocacy & Partnerships
310 Main Avenue, The Carrot Seed Kitchen Co, currently listed as a contributing structure in the Commercial Historic District (W&Co, 2020)
Final Draft: February 2021 53
City StaffIn addition to the HPC, city staff are involved with management of the historic preservation program. Currently, the Community Devel-opment Director oversees the preservation program and one City Planner administers the preservation program details – staffing the BHPC meetings, collecting 11.1 permit applications, and compiling Case Reports to send to the SHPO, among other tasks. City staff is also responsible for compiling the Certified Local Government (CLG) grant application and annual report. The recent move of the preservation program into the Community Development office created a “one-stop shop” that, according to property owners, contractors and devel-opers, has been a much smoother and more effective process when submitting a permit application.
Administration Component Analysis
Issues • More preservation staff time is needed to administer the pro-gram. Currently, it lacks sufficient resources to oversee a com-prehensive preservation program, which will be even more true if additional historic resources are identified in the future.• Other City development and sustainability policies could be more sufficiently integrated with the preservation program.
Opportunities • Document and highlight successes of the program for the gener-al public, such as those that are noted in the annual CLG report that is submitted to the state.
Main Avenue, now part of the Commercial Historic District (SD Digital Archives)
54 Brookings Historic Preservation Plan
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Final Draft: February 2021 55
CHAPTER 5PROGRAM GOALSRealizing the community’s vision for historic preservation in Brook-ings requires the coordinated participation of many individuals and organizations. This chapter begins with the vision statements identified by the com-munity to be key in implementing a successful preservation program. From there, a series of goals, policies and actions that will help to achieve the vision for historic preservation in Brookings are outlined. Organized around the six preservation program components de-scribed in Chapter 4, these statements take a hierarchical form. At the highest level, goals statements indicate desired future conditions. For each goal, a policy or series of policy statements indicate the general course of action and provide guidelines for decision making. Final-ly, an action statement or series of action statements are presented underneath each policy statement. These describe specific steps that should be implemented in order to meet the policy.
Vision for Preservation in Brookings Identified by the community, the qualitative vision statements below will guide the Brookings preservation program for years to come.
Historic preservation looks forward while valuing the past. Historic preservation seeks ways in which historic properties help maintain the vitality of the City. It is forward-looking, helping the community meet its aspirations for the future in ways that create jobs, retain economic benefits of local efforts and that find ways to preserve, reuse and adapt the built environment.
Historic preservation is integrated into planning efforts. City Departments, organizations, property owners and the wider community recognize the value of historic properties, and employ strategies which support historic preservation as they seek to achieve their individual goals.
Historic preservation is solutions-oriented. The historic preservation programs works with property owners, architects, realtors and contractors to find solutions for maintaining historic properties in active and appropriate uses.
The City’s preservation program is open to all community members that are interested in participating or learning more. Program components are easy to understand, and laypeople and pro-fessionals can participate in the system at a variety of levels. They can engage in researching and nominating resources for designation and can easily comment on City preservation activities.
56 Brookings Historic Preservation Plan
A network of individuals and organizations support historic preservation in Brookings. Property owners, preservation organizations, City staff, architects, realtors, contractors and interested Brookings community members take part in historic preservation work and activities throughout the community. These efforts ensure that a strong network of preserva-tion partners is created.
The Brookings historic preservation program provides guid-ance for the treatment of historic properties. Historic resources are identified and described in a manner that helps people understand their significance and interpret their asso-ciation with the community. Properties are then listed, or designated, as appropriate in a manner that helps facilitate informed manage-ment of the properties. A set of tools is then applied – including regu-lations, design standards, incentives and benefits – which are coordi-nated with this evaluation and designation system.
Historic resources are integral to life in Brookings. Historic preservation in Brookings is a vital part of overall commu-nity development policies and objectives. It serves as an important tool in a variety of initiatives including economic development, public health, sustainability, housing and cultural enrichment. In this re-spect, it embraces a holistic approach to planning and development.
Historic resources provide links to the heritage of the com-munity and enable people to feel a sense of connection with their past and with the community as a whole. Historic resources provide opportunities to interpret the history of the community, to comment on the events that have shaped it and to build an understanding of our culture.
Historic resources are key to the City’s sustainability initia-tives. Preserving historic resources is a fundamental part of a comprehen-sive approach to sustainability. Keeping historic properties in active use conserves embodied energy. Historic buildings can also operate in energy-conserving ways, and compatible retrofits for energy con-servation are encouraged.
Brookings’ citizens celebrate the community’s history and historic resources. Outreach and educational efforts bring awareness of the historic resources in Brookings to citizens throughout the community, espe-cially those that do not encounter Brookings’ historic districts on a regular basis. These efforts will place special attention on ensuring all demographics are reached to ensure inclusivity and diversity in historic preservation.
Final Draft: February 2021 57
Overall Goals, Policies and Actions
Goal: A livable community with a strong sense of history.
Policy 1: Integrate Brookings’ historic resources into commu-
nity planning efforts.• Action A: Encourage neighborhood-level preservation and conservation programs.
• Action B: Promote preservation of public and institutional facilities that have historic significance.
• Action C: Promote good stewardship principles among pub-lic and private property owners.
• Action D: Promote Brookings’ preservation successes, while learning from the shortfalls and documenting the losses.
• Action E: Promote all properties and buildings within the historic districts as providing and promoting the livability of the neighborhood.
Goal: A sustainable community supported by preservation efforts.
Policy 2: Promote preservation’s role in community sustain-
ability efforts. • Action A: Provide tools to encourage cooperation between advocates for historic preservation and sustainability.
• Action B: Provide information about the environmental ben-efits of preservation of existing buildings.
• Action C: Use historic structures to highlight green building practices.
Policy 3: Include sustainability objectives in an update to the
City’s historic design guidelines.• Action A: Ensure preservation design guidelines include in-formation about solutions for the compatible application of sustainable technologies (such as solar panels, wind turbines and other energy-generating tools) on historic properties.
• Action B: Incorporate design guidelines regarding sustain-able landscaping techniques.
Goal: An economically vibrant community supported by preservation.
Policy 4: Encourage active use of historic buildings.• Action A: Promote the adaptive reuse of historic properties.
• Action B: Promote tax incentives, loans and grant programs to keep historic structures in use.
• Action C: Evaluate zoning regulations and the building code to determine changes that may assist in the reuse of historic structures.
Policy 5: Leverage the economic development opportunities
provided by Brookings’ historic resources. • Action A: Market Brookings for heritage tourism.
58 Brookings Historic Preservation Plan
• Action B: Coordinate preservation efforts with support for local businesses.
• Action C: Use historic districts, and conservation districts, if adopted, as ways to enhance property values.
Goal: Brookings’ preservation program employs nationally recognized best practices.
Policy 6: Incorporate new trends and issues in preservation
and neighborhood conservation. • Action A: Explore alternative tools for historic preservation that maintain neighborhood character such as the use of conservation districts, design overlay districts and form based codes.
• Action B: Horizontally integrate historic preservation into other City planning efforts.
Policy 7: Promote ease of use, transparency of administration
and predictability in the preservation program. • Action A: Focus on employing solution-oriented preservation tools.
• Action B: Provide clear guidance for the treatment of desig-nated historic resources.
Goal: Preservation is integrated with community goals and policies.
Policy 8: Integrate historic preservation policies in citywide
planning efforts. • Action A: Coordinate short-range and long-range planning with preservation policies.
• Action B: Coordinate capital facilities management with historic preservation policy.
Goal: Historic resources are integral features of the public realm.
Policy 9: Promote best practices in the City’s stewardship of
historic resources.• Action A: Implement a program for public action when a highly valued historic property is threatened.
• Action B: Actively manage and rehabilitate City-owned his-toric properties according to best practices.
• Action C: Promote public access to significant historic re-sources.
Final Draft: February 2021 59
Identification Component
Goal: A detailed understanding of the history of Brookings provides a base for preservation efforts.
Policy 1: Maintain a comprehensive survey of cultural and
historic resources in Brookings.• Action A: Identify areas with potential resources for future surveys.
• Action B: Consider conducting a survey of potential residen-tial historic resources to determine whether new districts are eligible or if changes to existing districts may be needed. Of particular interest are potential residential resources built in the “mid-century” time period and style. Survey work would help determine whether they are eligible for the Local, State, and/or National Register.
• Action C: Prioritize survey implementation, especially for vulnerable areas, such as those targeted for redevelopment (student housing) and downtown.
• Action D: Enable qualified volunteers to assist in surveys.
• Action E: Develop an interactive map that identifies surveyed historic properties, designated historic districts and addi-tional information about historic resources in Brookings.
Policy 2: Funding sources are readily available to complete
historic surveys. • Action A: Consider establishing a fund to support survey work.
• Action B: Continue seeking grants (such as CLG funds) to support survey work.
Goal: Information regarding the history of Brookings and the potential of its historic resources is easily accessible.
Policy 3: Enhance the level of publicly available digital survey
information. • Action A: Create a historic inventory database that is inte-grated with the City’s map portal and the Brookings County GIS database. This database should include all information related to an individual property and should be useful to city staff and the public.
60 Brookings Historic Preservation Plan
Management Tools Component
Goal: The City of Brookings promotes high quality design.
Policy 1: Ensure property owners and residents in historic dis-
tricts understand proper maintenance of historic and poten-
tially historic structures, and of appropriate infill development
in a historic district. • Action A: Expand the available design guidelines for residen-tial and commercial properties to assist property owners in making appropriate changes to their historic structures. These guidelines should be illustrated to show appropriate examples. They will build upon the established Secretary of the Interior’s Standards for the Treatment of Historic Prop-erties.
• Action B: Incorporate images of good examples of quality infill development in residential and commercial historic districts into the design guidelines document(s).
Goal: Management tools promote historic preservation goals and support an overall preservation system.
Policy 2: Ensure consistency between the City’s Code of Or-
dinances and current preservation goals. • Action A: Complete a thorough review of the Code of Ordi-nances to identify opportunities and constraints regarding historic resources.
• Action B: Identify zoning standards that conflict with preser-vation goals and policies, and determine strategies to miti-gate them.
• Action C: Ensure that the zoning of historic resources is com-plementary to the goals of historic preservation in Brook-ings.
• Action D: Address code restrictions that exist when convert-ing an existing detached structure into a secondary unit.
• Action E: Consider incorporating flexibility to zoning regula-tions to promote historic resource preservation.
• Action F: Consider ways to encourage non-retail businesses to occupy upper floors in downtown buildings in order to reserve retail and active use spaces to the ground floor with windows.
Policy 3: Utilize the established Local Register in order to
protect historic resources from demolition. • Action A: Talk with property owners in the National Regis-ter districts to determine potential interest in local district designation. If there is interest, the same district boundaries could be utilized, unless new survey data indicates other-wise.
Policy 4: Consider developing a conservation program for
neighborhoods that may not be eligible for historic district
designation.• Action A: Explore the use of Conservation Districts in the residential areas of Brookings (Note that a Conservation
Final Draft: February 2021 61
District typically regulates the form of new construction and large additions, but does not regulate exterior alterations or the demolition of historic resources like a historic district does.)
Policy 5: Consider developing tools to protect and highlight
public realm components of historic districts. • Action A: Consider creating an overlay district that address-es the public realm of the historic districts and distinguishes them from other neighborhoods. For instance, extend the use of the historic streetlamps throughout the residential histor-ic districts. (Note that an overlay district identifies an area to apply additional standards with a particular focus, in this case the public realm features.)
• Action B: Consider creating a program to highlight and promote the downtown alleys as important connections to businesses, secondary paths through downtown, and oppor-tunities for public art.
Policy 6: Work with the State Historic Preservation Office
(SHPO) to ensure the 11.1 review process works for the
Brookings community. • Action A: Schedule a reoccurring time for the South Dakota State Historic Preservation Office (SHPO) staff to visit Brook-ings to meet with property owners considering submitting a permit application that will require the 11.1 review process. This will provide early design feedback for property owners to ease the 11.1 process. This meeting could be held quarter-ly, if there are property owners that are planning to submit a permit application.
• Action B: Explore ways to address demolition by neglect, such as working with the State Historic Preservation Office (SHPO)to add to the 11.1 review process or to strengthen or act on Sec. 46-42 of the historic preservation ordinance (prevention of deterioration by neglect).
• Action C: Explore solutions with the State Historic Preser-vation Office (SHPO) to provide emergency relief when a project is needed but requires 11.1 review. Emergency relief may be needed after a natural disaster damages a property and exterior maintenance is required to keep the historic property safe and functioning for the occupants.
Policy 7: Consider collaborating with South Dakota State
University to ensure work on SDSU historic resources comple-
ments the City’s preservation goals.• Action A: Develop a programmatic agreement with SDSU to ensure work on SDSU historic resources and historic re-sources throughout the City of Brookings abide by the same requirements and guidelines.
Policy 8: Ensure those working on historic properties are
properly trained. • Action A: Develop a training program for contractors and realtors to enhance their understanding of the city’s preser-vation program before they work on or sell historic proper-ties. Consider partnering with SDSU or Lake Area Technical College to establish this training program.
62 Brookings Historic Preservation Plan
Incentives and Benefits Component
Goal: Incentives and benefits for preserving historic proper-ties should attract investment in historic properties.
Policy 1: Promote the expanded use of existing incentive
programs.• Action A: Link interested property owners to training and technical assistance programs for the use of federal, state and local programs and funds.
• Action B: Maintain and promote the Downtown Economic Development Incentive Fund (DEDIF).
• Action C: Create informational materials (web-based and/or printed) for downtown property owners to learn more about the DEDIF revolving low-interest loan program.
• Action D: Consider expanding the existing revolving loan fund or creating a new revolving fund to assist residential property owners with work on their historic structure.
• Action E: Maintain the Mayor’s Awards program to raise awareness of preservation successes throughout Brookings.
Policy 2: Promote existing, and explore new, financial incen-
tives that stimulate investment in historic properties. • Action A: Explore offering incentives for preservation at the local level. The following list includes a variety of incentives that communities provide at the local level: property tax incentives; low interest loans for rehabilitation work; in-centives that encourage rehabilitation and adaptive reuse projects rather than scraping and rebuilding; reducing or removing tax on building materials for historic properties.
Final Draft: February 2021 63
Policy 3: Enhance regulatory incentives to encourage preser-
vation and conservation.• Action A: Explore offering an incentive that eases some regulations when a property (rental or owner-occupied) is properly maintained.
• Action B: Implement incentives that promote rehabilitation and adaptive reuse work instead of scraping and rebuilding.
• Action C: Create incentives for accommodating compati-ble secondary dwelling units (whether as part of a historic structure or separate from a historic structure but on the same property) in historic districts.
• Action D: Promote appropriate use of flexibility provided in the building code.
Policy 4: Develop technical assistance programs to promote
preservation and conservation.• Action A: Explore creating a design assistance program to help property owners establish a preservation-appropriate approach to improvement projects.
• Action B: Assist property owners with tax credit certification.
Policy 5: Develop easily accessible materials that provide
clear and concise information about incentive programs.• Action A: Create digital materials that include information about available incentives and benefits. Make these mate-rials available on the City’s website and other appropriate online locations.
• Action B: Develop hard copy, printed informational docu-ments regarding historic preservation incentives and ben-efits that can be distributed to interested community mem-bers.
64 Brookings Historic Preservation Plan
Education ComponentGoal: The public appreciates Brookings’ diverse history and historic resources.
Policy 1: Provide tools to educate the public regarding the
history of and historic resources throughout Brookings.• Action A: Continue hosting educational events, and reviving the “Welcome to the Neighborhood” event, for SDSU students and resident neighbors in the University Residential Historic District to get to know one another.
• Action B: Determine what organization is able to lead the “Welcome to the Neighborhood” event for SDSU students and resident neighbors.
• Action C: Translate the walking brochures into a variety of languages so international students and other visitors can learn more about historic resources in Brookings.
• Action D: Replace missing, and refurbish existing, National Register plaques to serve as an educational tool for pedestri-ans in Brookings.
• Action E: Consider offering a tour of Brookings, highlighting the historic districts and resources, for SDSU students.
• Action F: Create a welcome packet for new property own-ers in the historic districts that includes information about the 11.1 review process, resources, and who to contact with questions about their property. If possible, this welcome packet could be delivered by a Historic Preservation Com-mission (HPC) member, preferably one that lives in the dis-trict as well. Also, make this packet available at the Commu-nity Development office. This packet should also be delivered to existing property owners, residents and landlords in the districts so that everyone receives and can make use of the information.
• Action G: Publish a list of contractors and design profession-als in the area that have completed work on a historic prop-erty that has been successfully reviewed and approved by the 11.1 review process. (Ensure that this is simply a listing and does not recommend contractors.) This list should be period-ically updated.
• Action H: Digitize tri-fold with information about each his-toric district and send to property owners. This should also include information about when and how to contact the His-toric Preservation Commission (HPC) and the State Historic Preservation Office (SHPO) regarding a project.
• Action I: Host an open house for property owners of historic structures to meet city staff and BHPC members they may need assistance from during a project.
• Action J: Provide information to property owners in historic districts about the benefits of secondary structures in order to promote their use. Also include information about the building code challenges that exist with converting existing detached accessory structures to secondary units.
Final Draft: February 2021 65
Policy 2: Provide educational tools for SDSU students to learn
more about the community. • Action A: Consider a mailing or newsletter to SDSU students that live off-campus to provide information about the his-toric district within which they live, and to also serve as an informational tool regarding property maintenance, espe-cially for heat and water during a long break.
Policy 3: Highlight preservation project successes. • Action A: Continue the Mayor’s Awards to celebrate extraor-dinary preservation work completed by Brookings communi-ty members.
• Action B: Publish before and after photos of projects that have won the Mayor’s Award to illustrate examples of suc-cessful projects. This publication should be added to with every award cycle and should be kept accessible to the com-munity.
• Action C: Recognize smaller preservation projects, that may not qualify for the Mayor’s Awards, by sending a short, personal note to the owners of other successful projects to recognize their hard work and the importance of supporting preservation.
Goal: Provide practical education programs and training support for historic preservation.
Policy 4: Establish preservation training programs that focus
on specific topics or provide information for specific groups
of people. • Action A: Explore hosting a series of technical workshops, such as the historic window re-glazing workshop in 2014, to assist property owners with appropriate maintenance of their historic structures.
• Action B: Consider hosting realtor workshops, preferably in a historic property, to discuss how to advertise and sell a historic property.
• Action C: Encourage landlords to keep their property main-tained, painted, mowed and shoveled in order to help in the preservation of historic properties and historic districts.
• Action D: Conduct an informational training for communi-ty members that would like to assist in surveying historic resources.
• Action E: Establish a preservation planning and review training program for City staff and the Brookings Historic Preservation Commission. This training is especially import-ant for new staff or BHP members.
Policy 5: Expand the use of web-based preservation tools. • Action A: Publish all preservation-related information on the City’s webpage. This includes survey work, maps, design guidelines and other educational materials.
Policy 6: Incorporate preservation education into local
schools. • Action A: Integrate cultural heritage and historic preserva-tion in curriculum for local schools.
66 Brookings Historic Preservation Plan
Advocacy and Partnerships ComponentGoal: A robust network of preservation advocates support preservation goals and objectives.
Policy 1: Strengthen partnerships for preservation. • Action A: Provide a forum to clarify the roles of groups and organizations that promote historic preservation.
• Action B: Establish a framework for collaboration among community organizations.
• Action C: Improve coordination between the City and County preservation programs.
Policy 2: Foster new partnerships in historic preservation. • Action A: Explore new partnerships with organizations and community members, and existing partnerships that can be enhanced in order to distribute preservation tasks beyond Brookings staff and the BHPC. This will help create a sense of collective responsibility for the preservation program throughout the community.
• Action B: Partner with organizations throughout Brookings that are hosting events to which a preservation aspect can be added. This will help reach new audiences while being cognizant of the time and availability of Brookings Historic Preservation Commission (BHPC) members’ time.
• Action C: Partner with tradespeople that can work on his-toric buildings, such as tuckpointers and house painters, to schedule a week or two in Brookings to work on a number of buildings. Once determined, property owners could sign up for a time slot ahead of time so the tradesperson knows exactly how long he/she will be working in town. Consid-er surveying property owners to determine what types of tradespeople they would find to be of most value to deter-mine what types of trades should be prioritized.
Final Draft: February 2021 67
• Action D: Determine whether there is interest in re-establish-ing the private, non-profit Preservation Brookings to assist with promoting preservation throughout the community and tackling other action items as determined appropriate.
• Action E: Partner with neighborhood organizations such as Homeowners Associations or business organizations in the historic districts in order to assist property owners, residents and business owners with resources to maintain their histor-ic properties.
• Action F: Partner with the Children’s Museum to promote historic preservation through programming, and potentially through highlighting the preservation of the museum build-ing which could be part of an outdoor exhibit.
• Action G: Partner with local high school and community col-lege trades programs to teach skills that would be useful for work on historic buildings. Consider utilizing historic struc-tures to provide hands-on training.
Goal: Organize preservation efforts.
Policy 3: Develop a comprehensive strategy that organizes
the network of existing and new preservation partners.• Action A: Create a comprehensive preservation marketing strategy that unifies preservation partners, appeals to all ages and could be used in a variety of ways.
• Action B: Enlist other groups, such as neighborhood asso-ciations, to share administrative services and marketing as a way to reduce costs, cross-pollinate and improve overall programming.
68 Brookings Historic Preservation Plan
Administration ComponentGoal: The City of Brookings will maintain a functional, integrat-ed preservation program.
Policy 1: Monitor the performance of the preservation program
on an on-going basis. • Action A: Document and highlight successes of the program for the general public, such as those that are noted in the annual Certified Local Government (CLG) report that is submitted to the state. Include this information on the City’s website.
Policy 2: Ensure that administrative resources are adequate for
efficient operation of the program. • Action A: Assure sufficient staff time is assigned to the historic preservation program.
• Action B: Develop a funding strategy that provides sufficient resources for implementation of the preservation program.
• Action C: Host an annual BHPC meeting that focuses on each designated historic district to provide an opportunity to focus on each individual district - identifying opportunities and address-ing any issues.
Policy 3: Maintain the Certified Local Government (CLG) preser-
vation program and maximize its benefits. • Action A: Maintain the annual review of the preservation pro-gram.
• Action B: Continue to seek assistance for program operations, including surveys and design guidelines.
Policy 4: Promote collaboration among City Departments to sup-
port preservation objectives.• Action A: Conduct an annual interdepartmental work session related to historic resources.
• Action B: Include preservation objectives in capital improvement planning. For example, address mature trees, alleys and the pres-ervation of city-owned historic resources.
• Action C: Include preservation objectives in planning for city recreation facilities. For example, incorporate historic sites and structures with recreation sites.
• Action D: Include preservation objectives for housing. For exam-ple, identify sites for new housing that can also preserve historic resources and conserve established neighborhoods.
Policy 5: Promote historic preservation among city boards and
commissions.• Action A: Facilitate engagement between the BHPC and other boards and committees, such as the Board of Adjustments and the Traffic Safety Committee, to ensure decisions of other groups weigh impacts on historic resources, where appropriate.
• Action B: Support nomination of preservation advocates to boards and commissions citywide.
• Action C: Consider appointing a BHPC member to be a liaison to other city boards and commissions to ensure that a preservation voice is part of these groups.
Final Draft: February 2021 69
CHAPTER 6
In order for this preservation program to be successful, it requires a strategic phasing of its actions. While some actions should be accom-plished in the near-term, some will take more time to achieve, and others will require reoccurring or ongoing effort. The time it takes to complete an action is also determined by the necessary resources. For those actions that require a more substantial allocation of re-sources, the action may need to be phased or placed in a year much farther down the implementation program. Timing for implementing the action items also considers the necessary amount of collaboration between preservation partners. This chapter and a separate implementation table present the rec-ommended timing for each of the actions set forth in Chapter 5. It reflects priorities held by the preservation community in Brookings, as well as consideration of the interaction of the actions with other potential work efforts.
Implementation TableA separate implementation table establishes a ten-year, prioritized strategy for the development and implementation of the preservation plan. As a standalone document, the implementation table is meant to be interactive, used as a monitoring tool, and to be updated as action items are completed. While the implementation table illustrates im-portant goals to work toward over a ten-year time period, ten years is simply one mark to consider. After ten years, an update to the table and to the Plan itself should be considered. Continuing this work, and working toward new goals, beyond the next ten years will be crucial to maintaining a strong historic preservation program.
Historic Preservation Plan ComponentsThe Implementation Table is divided into tabs that correspond to the program components described in Chapter 4. As the program is implemented, this allows staff, the Brookings Historic Preservation Commission and others involved to examine progress made on each program component.
Program Goals, Policies and ActionsRunning horizontally across each program component page, the Goals outline the desired future conditions for the program and set the stage for the more specific policies and actions. Policy statements occupy the first column of each implementation table page. The second column consists of the action statements identified by the community. While the goals and policies direct the overall direction of the historic preservation program, the action items provide concrete tasks to be completed to accomplish the policies and goals.
RankingAs part of the initial outreach efforts, community members ranked the action items to indicate their degree of importance, starting with “1” as the most important action item. This prioritization is included in the implementation table for each program component in the form
IMPLEMENTATION
70 Brookings Historic Preservation Plan
of the “Ranking” column. Note that all action items in the table do not include a ranking number. This is because not all of the action items were reviewed by the community, so not all were voted upon. Some action items were added after the survey to provide crucial steps needed to reach the point of existing action items, or to round out the preservation program.
Implementation PhasingThe primary purpose of the implementation table lies in the phasing columns, labeled “Year 1” through “Year 10+”. These columns indi-cate when a particular action is scheduled to occur. Determining the appropriate year(s) for an action to occur depends on a variety of considerations including the priority ranking indicated by commu-nity members, if an action logically needs to occur before or after a different action, and whether its a long-term idea or something that can easily be accomplished. Purple bars indicate what year(s) an ac-tion should occur based on these factors. The bars are movable which allows the document to be used by the preservation community to adjust if an action is completed early or needs to be postponed for any reason. Note that some actions include more than one purple bar. In some cases, this indicates an action that should occur periodically, such as holding an event every 3 or 5 years. In other cases, an action includes a purple bar in every implementation year, indicating the need for ongoing efforts, such as for seeking out funding or ensuring staff time is adequately assigned. This part of the implementation chart should be continuously updated.
Lead Players and Supporting PartnersThe final two columns of the implementation chart - Lead Player(s) and Supporting Partner(s) - indicate important people or groups that play a key part in completing the program actions. The Lead Players are responsible for the implementation of each action. Supporting partners are listed, where applicable, and identify groups that may be able to assist in completing an action.
Overall
Action Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: A livable community with a strong sense of history.
A. Encourage neighborhood-level preservation
and conservation programs. BHPC HOA's
B. Promote preservation of public and
institutional facilities that have historic
significance.
BHPC SDSU, Chamber of Commerce
C. Promote good stewardship principles among
public and private property owners. BHPC Chamber of Commerce
D. Promote Brookings' preservation successes,
while learning from the shortfalls and
documenting the losses.
BHPC
E. Promote all properties and buildings within
the historic districts as providing and promoting
the livability of the neighborhood.
BHPC Realtors
Goal: A sustainable community supported by preservation efforts.
A. Provide tools to encourage cooperation
between advocates for historic preservation and
sustainability.
BHPC Sustainability Council, Local Design
Professionals
B. Provide information about the environmental
benefits of preservation of existing buildings.
BHPC Sustainability Council, Local Design
Professionals
C. Use historic structures to highlight green
building practices. Sustainability Council BHPC
A. Ensure preservation design guidelines include
information about solutions for the compatible
application of sustainable technologies (such as
solar panels, wind turbines and other energy-
generating tools) on historic properties.
BHPC Sustainability Council
B. Incorporate design guidelines regarding
sustainable landscaping techniques.BHPC Sustainability Council; SDSU Extension,
Local Landscapers
Goal: An economically vibrant community supported by preservation.
A. Promote the adaptive reuse of historic
properties. BHPC SDSU, SHPO, Chamber of Commerce
B. Promote tax incentives, loans and grant
programs to keep historic structures in use. BHPC SHPO, DEDIF Committee
C. Evaluate zoning regulations and the building
code to determine changes that may assist in
the reuse of historic structures.
City BHPC, SHPO
Policy 1: Integrate
Brookings' historic
resources into community
planning efforts.
Policy 2: Promote
preservation's role in
community sustainability
efforts.
Policy 3: Include
sustainability objectives in
an update to the City's
historic design guidelines.
Policy 4: Encourage active
use of historic buildings.
A. Market Brookings for heritage tourism. Visit Brookings BHPC, SHPO
B. Coordinate preservation efforts with support
for local businesses. Chamber of Commerce BHPC
C. Use historic districts, and conservation
districts if adopted, as ways to enhance property
values.
City
Goal: Brookings' preservation program employs nationally recognized best practices.
A. Explore alternative tools for historic
preservation that maintain neighborhood
character such as the use of conservation
districts, design overlay districts and form based
codes.
BHPC City, SHPO
B. Horizontally integrate historic preservation
into other City planning efforts. City BHPC
A. Focus on employing solution-oriented
preservation tools. BHPC SHPO
B. Provide clear guidance for the treatment of
designated historic resources. BHPC City
Goal: Preservation is integrated with community goals and policies.
A. Coordinate short-range and long-range
planning with preservation policies. City BHPC
B. Coordinate capital facilities management with
historic preservation policy. City BHPC
Goal: Historic resources are integral features of the public realm.
A. Implement a program for public action when
a highly valued historic property is threatened. BHPC SHPO, HOAs
B. Actively manage and rehabilitate City-owned
historic properties according to best practices.
city BHPC, SHPO
C. Promote public access to significant historic
resources. BHPC City, SHPO, Visit Brookings
Policy 6: Incorporate new
trends and issues in
preservation and
neighborhood conservation.
Policy 7: Promote ease of
use, transparency of
administration and
predictability in the
preservation program.
Policy 8: Integrate historic
preservation policies into
citywide planning efforts.
Policy 9: Promote best
practices in the City's
stewardship of historic
resources.
Policy 5: Leverage the
economic development
opportunities provided by
Brookings' historic
resources.
Identification Component
Action Ranking Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: A detailed understanding of the history of Brookings provides a base for preservation efforts.
A. Identify areas with potential resources for
future surveys. BHPC SHPO, City
B. Consider conducting a survey of potential
residential historic resources to determine
whether new districts are eligible or if changes
to existing districts may be needed. Of
particular interest are potential residential
resources built in the “mid-century” time
period and style. Survey work would help
determine whether they are eligible for the
Local, State, and/or National Register.
equal
BHPC SHPO, City
C. Prioritize survey implementation, especially
for vulnerable areas, such as those targeted for
redevelopment (student housing) and
downtown.
BHPC SHPO, City
D. Enable qualified volunteers to assist in surveys.City BHPC, SHPO
E. Develop an interactive map that identifies
surveyed historic properties, designated historic
districts and additional information about
historic resources in Brookings.
City BHPC, SHPO
A. Consider establishing a fund to support
survey work.City BHPC, SHPO
B. Continue seeking grants (such as CLG funds)
to support survey work.BHPC City, SHPO
Goal: Information regarding the history of Brookings and the potential of its historic resources is easily accessible.
City BHPC, SHPO
Policy 1: Maintain a
comprehensive survey of
cultural and historic
resources in Brookings.
Policy 2: Funding sources
are readily available to
complete historic surveys.
A. Create a historic inventory database that is
integrated with the City's map portal and the
Brookings County GIS database. This database
should include all information related to an
individual property and should be useful to city
staff and the public.
Policy 3: Enhance the level of
publicly available digital
survey information.
Management Tools Component
Action Ranking Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: The City of Brookings promotes high quality design.
A. Expand the available design guidelines
for residential and commercial properties
to assist property owners in making
appropriate changes to their historic
structures. These guidelines should be
illustrated to show appropriate examples.
They will build upon the established
Secretary of the Interior's Standards for
the Treatment of Historic Properties.
1 BHPC City
B. Incorporate images of good examples of
quality infill development in residential and
commercial historic districts into the design
guidelines document(s).
BHPC City
Goal: Management tools promote historic preservation goals and support an overall preservation system.
A. Complete a thorough review of the Code of
Ordinances to identify opportunities and
constraints regarding historic resources.
City BHPC
B. Identify zoning standards that conflict with
preservation goals and policies, and determine
strategies to mitigate them.
City BHPC
C. Ensure that the zoning of historic resources is
complementary to the goals of historic
preservation in Brookings.
City BHPC
D. Address code restrictions that exist when
converting an existing detached structure into
a secondary unit.
(new) low ranking City BHPC, SHPO
E. Consider incorporationg flexibility to zoning
regulations to promote historic resource
preservation.
City BHPC
F. Consider ways to encourage non-retail
businesses to occupy upper floors in downtown
buildings in order to reserve retail and active
use spaces to the ground floor with windows.
7 BHPC City, Chamber of Commerce
Policy 3: Utilize the
established Local Register in
order to protect historic
resources from demolition.
A. Talk with property owners in the National
Register districts to determine potential
interest in local district designation. If there is
interest, the same district boundaries could be
utilized, unless new survey data indicates
otherwise.
high priority BHPC City, SHPO
Policy 4: Consider
developing a conservation
program for neighborhoods
that may not be eligible for
historic district designation.
A. Explore the use of Conservation Districts in
the residential areas of Brookings. (Note that a
Conservation District typically regulates the
form of new construction and large additions,
but does not regulate exterior alterations or
the demolition of historic resources like a
historic district does.)
6 BHPC City
BHPC City
Policy 1: Ensure property
owners and residents in
historic districts understand
proper maintenance of
historic and potentially
historic structures, and of
appropriate infill
development in a historic
district.
Policy 2: Ensure consistency
between the City's Code of
Ordinances and current
preservation goals.
A. Consider creating an overlay district that
addresses the public realm of the historic
districts and distinguishes them from other
neighborhoods. For instance, extend the use of
the historic streetlamps throughout the
residential historic districts. (Note that an
overlay district identifies an area to apply
additional standards with a particular focus, in
this case the public realm features.)
5Policy 5: Consider
developing tools to protect
and highlight public realm
components of historic
districts.
B. Consider creating a program to highlight and
promote the downtown alleys as important
connections to businesses, secondary paths
through downtown, and opportunities for
public art.
(new) low ranking BHPC Public Arts Commission
A. Schedule a reoccurring time for the South
Dakota Historic Preservation Office (SHPO)
staff to visit Brookings to meet with property
owners considering submitting a permit
application that will require the 11.1 Review
process. This will provide early design feedback
for property owners to ease the 11.1 process.
This meeting could be held quarterly, if there
are property owners that are planning to
submit a permit application.
2 City BHPC, SHPO
B. Explore ways to address demolition by
neglect, such as working with the State Historic
Preservation Office (SHPO) to add to the 11.1
review process or to strengthen or act on Sec.
46-42 of the historic preservation ordinance
(Prevention of deterioration by neglect).
3 City BHPC, SHPO
C. Explore solutions with the State Historic
Preservation Office (SHPO) to provide
emergency relief when a project is needed but
requires 11.1 review. Emergency relief may be
needed after a natural disaster damages a
property and exterior maintenance is required
to keep the historic property safe and
functioning for the occupants.
4 City BHPC, SHPO
BHPC SDSU, LATI, Local Design Professionals
BHPC City
City BHPC, SDSU
A. Develop a training program for designers,
contractors and realtors to enhance their
understanding of the city's preservation
program before they work on or sell historic
properties. Consider partnering with SDSU or
Lake Area Technical College to establish this
training program.
Policy 8: Ensure those
working on historic
properties are properly
trained.
Policy 6: Work with the State
Historic Preservation Office
(SHPO) to ensure the 11.1
review process works for the
Brookings community.
Policy 7: Consider
collaborating with South
Dakota State University to
ensure work on SDSU
historic resources
complements the City's
preservation goals.
A. Consider creating an overlay district that
addresses the public realm of the historic
districts and distinguishes them from other
neighborhoods. For instance, extend the use of
the historic streetlamps throughout the
residential historic districts. (Note that an
overlay district identifies an area to apply
additional standards with a particular focus, in
this case the public realm features.)
5Policy 5: Consider
developing tools to protect
and highlight public realm
components of historic
districts.
A. Develop a programmatic agreement with
SDSU to ensure work on SDSU historic resources
and historic resources throughout the City of
Brookings abide by the same requirements and
guidelines.
Incentives and Benefits Component
Action Ranking Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: Incentives and benefits for preserving historic properties should attract investment in historic properties.
A. Link interested property owners to training
and technical assistance programs for the use of
federal, state and local programs and funds.
SHPO
B. Maintain and promote the Downtown
Economic Development Incentive Fund (DEDIF).
Brookings economic
Development
Coorporation
BHPC, Chamber of Commerce
C. Create informational materials (web-based
and/or printed) for downtown property owners
to learn more about the DEDIF revolving low-
interest loan program.
BEDC BHPC, Chamber of Commerce
D. Consider expanding the existing revolving
loan fund or creating a new revolving fund to
assist residential property owners with work
on their historic structure.
2
E. Maintain the Mayor's Awards program to
raise awareness of preservation successes
throughout Brookings.
City BHPC
Policy 2: Promote existing,
and explore new, financial
incentives that stimulate
investment in historic
properties.
A. Explore offering incentives for
preservation at the local level. The
following list includes a variety of
incentives that some communities provide
at the local level: Property tax incentives;
low interest loans for rehabilitation work;
incentives that encourage rehabilitation
and adaptive reuse projects rather than
scraping and rebuilding; reducing or
removing tax on building materials for
historic properties.
1 City BHPC, BEDC, Chamber of Commerce
A. Explore offering an incentive that eases
some regulations when a property (rental or
owner-occupied) is properly maintained.
3 City BHPC
B. Implement incentives that promote
rehabilitation and adaptive reuse work instead
of scraping and rebuilding.
City BHPC, DEDIF Committee
C. Create incentives for accommodating
compatible secondary dwelling units (whether
as part of a historic structure or separate from a
historic structure but on the same property) in
historic districts.
City BHPC
D. Promote appropriate use of flexibility
provided in the building code. City BHPC
A. Explore creating a design assistance program
to help property owners establish a preservation-
appropriate approach to improvement projects. City BHPC, Local Design Professionals
B. Assist property owners with tax credit
certification. City BHPC
BHPC City
BHPC City
Policy 1: Promote the
expanded use of existing
incentive programs.
Policy 3: Enhance regulatory
incentives to encourage
preservation and
conservation.
Policy 4: Develop technical
assistance programs to
promote preservation and
conservation.
A. Create digital materials that include
information about available incentives and
benefits. Make these materials available on the
City's website and other appropriate online
locations.
B. Develop hard copy, printed informational
documents regarding historic preservation
incentives and benefits that can be distributed
to interested community members.
Policy 5: Develop easily
accessible materials that
provide clear and concise
information about incentive
programs.
Education Component
Action Ranking Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: The public appreciates Brookings' diverse history and historic resources.
A. Continue hosting educational events,
and reviving the “Welcome to the
Neighborhood” event, for SDSU students
and resident neighbors in the University
Residential Historic District to get to know
one another.
3 BHPC SDSU, HOAs
B. Determine what organization is able to
lead the "Welcome to the Neighborhood"
event for SDSU students and resident
neighbors.
(this was split out from the first action
item, so it should also have a similar
ranking)
BHPC SDSU, HOAs
C. Translate the walking brochures into a
variety of languages so international students
and other visitors can learn more about historic
resources in Brookings.
4 BHPC SDSU
D. Replace missing, and refurbish existing,
National Register plaques to serve as an
educational tool for pedestrians in Brookings.3 BHPC City
E. Consider offering a tour of Brookings,
highlighting the historic districts and resources,
for SDSU students.
6 SDSU BHPC
F. Create a welcome packet for new property
owners in the historic districts that includes
information about the 11.1 review process,
resources, and who to contact with questions
about their property. If possible, this welcome
packet could be delivered by a Historic
Preservation Commission (HPC) member,
preferably one that lives in the district as well.
Also, make this packet available at the
Community Development office. This packet
should also be delivered to existing property
owners, residents and landlords in the districts
so that everyone receives and can make use of
the information.
1 BHPC Realtors, Register of Deeds, City
Community Development Office
G. Publish a list of contractors and design
professionals in the area that have completed
work on a historic property that has been
successfully reviewed and approved by the
11.1 review process. (Ensure that this is simply
a listing and does not recommend contractors.)
This list should be periodically updated.
3 City BHPC, SHPO, Brookings Regional Builders
Association
H. Digitize tri-fold with information about each
historic district and send to property owners.
This should also include information about
when and how to contact the Historic
Preservation Commission (HPC) and the State
Historic Preservation Office (SHPO) regarding a
project.
4 City BHPC
Policy 1: Provide tools to
educate the public regarding
the history of and historic
resources throughout
Brookings.
I. Host an open house for property owners of
historic structures to meet city staff and BHPC
members they may need assistance from
during a project.
(new) medium priority BHPC HOAs
J. Provide information to property owners in
historic districts about the benefits of
secondary structures in order to promote their
use. Also include information about the
building code challenges that exist with
converting existing detached accessory
structures to secondary units.
new (low ranking)BHPC City
Policy 2: Provide educational
tools for SDSU students to
learn more about the
community.
A. Consider a mailing or newsletter to SDSU
students that live off-campus to provide
information about the historic district within
which they live, and to also serve as an
informational tool regarding property
maintenance, especially for heat and water
during a long break.
5 BHPC SDSU
A. Continue the Mayor's Awards to celebrate
extraordinary preservation work completed by
Brookings community members.
City BHPC
B. Publish before and after photos of projects
that have won the Mayor’s Award to illustrate
examples of successful projects. This
publication should be added to with every
award cycle and should be kept accessible to
the community.
(new) high to go with the action item above BHPC City
C. Recognize smaller preservation projects, that
may not qualify for the Mayor's Awards, by
sending a short, personal note to the owners of
other successful projects to recognize their
hard work and the importance of supporting
preservation.
2 BHPC City
Goal: Provide practical education programs and training support for historic preservation.
A. Explore hosting a series of technical
workshops, such as the historic window re-
glazing workshop in 2014, to assist property
owners with appropriate maintenance of their
historic structures.
5 BHPC Brookings Regional Builders Association
B. Consider hosting realtor workshops,
preferably in a historic property, to discuss
how to advertise and sell a historic property.5 BHPC East Central Board of Realtors?
C. Encourage landlords to keep their property
maintained, painted, mowed and shoveled in
order to help in the preservation of historic
properties and historic districts.
(new) even though this action is new, it is
something that was discussed in many of the
initial meetings; should be high priority and
ongoing
City BHPC
D. Conduct an informational training for
community members that would like to assist
in surveying historic resources.
BHPC SHPO
E. Establish a preservation planning and review
training program for City staff and the Brookings
Historic Preservation Commission. This training
is especially important for new staff or BHP
members.
BHPC SHPO, City
Policy 4: Establish
preservation training
programs that focus on
specific topics or provide
information for specific
groups of people.
Policy 3: Highlight
preservation project
successes.
Policy 1: Provide tools to educate the public regarding the history of and historic resources throughout Brookings.
Policy 5: Expand the use of
web-based preservation
tools.
A. Publish all preservation-related information
on the City's webpage. This includes survey
work, maps, design guidelines and other
educational materials.
City BHPC
Policy 6: Incorporate
preservation education into
local schools.
A. Integrate cultural heritage and historic
preservation in curriculum for local schools. Brookings School District BHPC, Brookings School District
Advocacy & Partnerships Component
Action Ranking Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: A robust network of preservation advocates support preservation goals and objectives.
A. Provide a forum to clarify the roles of groups
and organizations that promote historic
preservation.
BHPC
B. Establish a framework for collaboration
among community organizations.
C. Improve coordination between the City and
County preservation programs.
A. Explore new partnerships with
organizations and community members,
and existing partnerships can be enhanced
in order to distribute preservation tasks
beyond Brookings staff and the BHPC. This
will help create a sense of collective
responsibility for the preservation
program throughout the community.
3 BHPC
SDSU, Brookings School district, Visit
Brookings, Chamber of Commerce,
Sustainability Council, Public Arts Council
B. Partner with organizations throughout
Brookings that are hosting events to which a
preservation aspect can be added. This will
help reach new audiences while being
cognizant of the time and availability of
Brookings Historic Preservation Commission
(BHPC) members’ time.
2 BHPC Sustainability Council, Public arts
Commission, Brookins Arts Council
C. Partner with tradespeople that can work on
historic buildings, such as tuckpointers and
house painters, to schedule a week or two in
Brookings to work on a number of buildings.
Once determined, property owners could sign
up for a time slot ahead of time so the
tradesperson knows exactly how long he/she
will be working in town. Consider surveying
property owners to determine what types of
tradespeople they would find to be of most
value to determine what types of trades should
be prioritized.
1 BHPC Brookings Regional Builders Association
D. Determine whether there is interest in re-
establishing the private, non-profit
Preservation Brookings to assist with
promoting preservation throughout the
community and tackling other action items as
determined appropriate.
(new) low priority (may not also be the
interest/manpower to do this)BHPC SHPO
E. Partner with neighborhood organizations
such as Homeowners Associations or business
organizations in the historic districts in order to
assist property owners, residents and business
owners access resources to maintain their
historic resources.
fairly high ranking BHPC Chamber of Commerce
Policy 1: Strengthen
partnerships for
preservation.
Policy 2: Foster new
partnerships in historic
preservation.
F. Partner with the Children’s Museum to
promote historic preservation through
programming, and potentially through
highlighting the preservation of the museum
building which could be part of an outdoor
exhibit.
(new) medium priority BHPC Children's museum
G. Partner with local high school and
community college trades programs to teach
skills that would be useful for work on historic
buildings. Consider utilizing historic structures
to provide hands-on training.
(new) medium priority BHPC Brookings School District, LATI, Local
Craftsman Contractors
Goal: Organize preservation efforts.
A. Create a comprehensive preservation
marketing strategy that unifies preservation
partners, appeals to all ages and could be used
in a variety of ways should be developed.
BHPC
B. Enlist other groups, such as neighborhood
associations, to share administrative services
and marketing as a way to reduce costs, cross-
pollinate and improve overall programming.
BHPC Chamber of Commerce
Policy 2: Foster new partnerships in historic preservation.
Policy 3: Develop a
comprehensive strategy that
organizes the network of
existing and new
preservation partners.
Administration Component
Action Ranking Year 1 Years 2-3 Years 4-5 Years 6-7 Years 8-9 Year 10+Lead Player(s)Supporting Partner(s)
Goal: The City of Brookings will maintain a functional, integrated preservation program.
Policy 1: Monitor the
performance of the
preservation program on an
on-going basis.
A. Document and highlight successes of the
program for the general public, such as
those that are noted in the annual Certified
Local Government (CLG) report that is
submitted to the state. Include this
information on the City's website.
2 BHPC City
A. Assure sufficient staff time is assigned to the
historic preservation program. 1 City
B. Develop a funding strategy that provides
sufficient resources for implementation of the
preservation program.
(this was broken out from the action above, so
has the same ranking)City
C. Host an annual BHPC meeting that focuses on
each designated historic district to provide an
opportunity to focus on each individual district -
identifying opportunities and addressing any
issues.
BHPC
A. Maintain the annual review of the
preservation program. BHPC City, SHPO
B. Continue to seek assistance for program
operations, including surveys and design
guidelines.
BHPC City, SHPO
A. Conduct an annual interdepartmental work
session related to historic resources. City BHPC
B. Include preservation objectives in capital
improvement planning. For example, address
mature trees, alleys and the preservation of city-
owned historic resources.
City BHPC
C. Include preservation objectives in planning
for city recreation facilities. For example,
incorporate historic sites and structures with
recreation sites.
City BHPC, Bicycle Advisory Committee, Parks
and Recreation Board
D. Include preservation objectives for housing.
For example, identify sites for new housing that
can also preserve historic resources and
conserve established neighborhoods.
City BHPC
A. Facilitate engagement between the BHPC
and other boards and committees, such as the
Board of Adjustments and the Traffic Safety
Committee, to ensure decisions of other groups
weigh impacts on historic resources, where
appropriate.
(new) ongoing City BHPC, Disability Awareness Committee
B. Support nomination of preservation
advocates to boards and commissions citywide. BHPC
C. Consider appointing a BHPC member to be a
liaison to other city boards and commissions to
ensure that a preservation voice is part of these
groups.
BHPC
Policy 3: Maintain the
Certified Local Government
(CLG) preservation program
and maximize its benefits.
Policy 4: Promote
collaboration among City
Departments to support
preservation objectives.
Policy 5: Promote historic
preservation among city
boards and commissions.
Policy 2: Ensure that
administrative resources are
adequate for efficient
operation of the program.
April 30, 2020
Brookings, SD
EXISTING CONDITIONS REPORT
Historic Preservation Plan
ACKNOWLEDGMENTS
City of Brookings
Historic Preservation Commission MembersJanet Merriman, ChairJessica Garcia-Fritz, Vice ChairAngela BoersmaMatthew WeissJanet GritznerGreg HeibergerCarrie KuhlTom Thaden Andrew Royer
StaffMike Struck, Community Development DirectorStaci Bungard, City Planner
Consultant TeamWinter & Company Noré Winter Marcia Boyle
TABLE OF CONTENTS
Introduction .............................................................................1Brookings Historic Preservation Program Overview ..................................................1What is Historic Preservation? ...................................................................................1Why is Historic Preservation Important? ....................................................................2Relationship to Community Initiatives and Policies ....................................................5How is this document used? ......................................................................................7
State of Brookings’ Historic Preservation Program ................8Identification ...............................................................................................................8Management Tools ......................................................................................................17Incentives and Benefits ...............................................................................................26Education ....................................................................................................................30Advocacy .....................................................................................................................34Administration .............................................................................................................38
Conclusion and Next Steps ......................................................39
Existing Conditions Report 1
INTRODUCTION
Brookings Historic Preservation Program OverviewBrookings has a well-established preservation program, which enjoys broad support by its citizens. The historic preservation program is recognized as a key ingredient in community well-being and livability as noted in the Comprehensive Plan adopted in 2018. The City boasts an extraordinary richness of cultural and historic resources, many of which are recognized through their listing in the National Register of Historic Places. Noteworthy structures listed in the National Register include Brookings City Hall on 4th Street and Nick’s Hamburger Shop on Main Ave, and four historic districts recognize important historic resources throughout Brookings.The preservation program and the work of the Brookings Historic Preservation Commission (BHPC) have been celebrated over the years, most recently in 2018 through an Education award at the National Alliance of Preservation Commissions (NAPC) conference, which recognized the BHPC’s efforts to partner with the Sustainabil-ity Council, and to seek positions on the Comprehensive Master Plan Committee and Public Arts Committee. These efforts illustrate pres-ervation’s role in a variety of other topics, as well as the importance of promoting preservation through other community initiatives.Recognizing preservation efforts to date and the desire to improve the program moving forward, the city is updating its historic pres-ervation plan, which was first written in 1999. As the first of three stages, this assessment describes the existing conditions of the pres-ervation program, including issues and opportunities. This document summarizes the current preservation program and notes potential opportunities for improvement, which will be further explored in a second phase of the project.Pending funding for the second and third phases, a Historic Preser-vation Plan complete with an implementation matrix outlining rec-ommended actions, lead players, partner organizations and an imple-mentation timeline will be developed.
What is Historic Preservation? Preservation means having structures, properties and places of his-toric and cultural value in active use and accommodating appropriate improvements to sustain their viability while maintaining the key, character-defining features which contribute to their significance as historic resources. In addition, preservation means keeping cultural resources intact for the benefit of future generations. While maintain-ing properties in active use is the immediate objective, this is in part a means of assuring that resources will be available for others in the future. Historic preservation is an integral component of other community initiatives in neighborhood livability, sustainability, economic devel-opment and the arts and culture. With this understanding, the term “historic preservation” includes the specific methodologies associated with maintaining integrity of significant structures, including those that may not be formally designated as historic.
In 2018, the BHPC was honored by the National Alliance of Preservation Commissions for their educational out-reach work, specifically in partnering with other community organizations to further preservation efforts.
Main Street in Brookings, 1911; from the South Dakota Digital Archives (South Dakota State Historical Society)
2 Brookings Historic Preservation Plan
Why is Historic Preservation Important?
Livability and Quality of LifeHistoric structures reinforce the City’s identity and contribute to its sense of community. In many neighborhoods, when historic struc-tures are located together on a block, they contribute to a pleasing street scene with consistent setbacks and regular repetition of similar building forms, creating a “pedestrian-friendly” environment which encourages walking and neighborly interaction. Decorative archi-tectural features also contribute to a sense of place that is difficult to achieve in newer areas of the City. This also reinforces desirable community social patterns and contributes to a feeling of stability and security.
Construction QualityOften the construction quality was higher in historic buildings than in more recent buildings. Lumber came from mature trees, was properly seasoned and typically milled to “full dimensions,” providing stronger framing. Buildings were thoughtfully detailed, and finishes were gen-erally of high quality – characteristics that owners today appreciate. This higher quality of construction in earlier buildings is therefore an asset which is nearly impossible to replace.
AdaptabilityOwners also recognize that floor plans of many historic structures easily accommodate changing needs. They can house a variety of uses while retaining the overall historic character of these structures. These changes include converting a house to an office, utilizing inte-rior partitions, converting a carriage house or garage to an Accessory Dwelling Unit (ADU), and creating a basement apartment.
Economic BenefitsThe economic benefits of investing in historic structures is well doc-umented across the nation. Because historic structures are finite and cannot be replaced, they can be precious commodities, adding value to the properties. For instance, among National Register districts in Philadelphia, historic homes received a sales price premium of 131% over comparable properties in undesignated neighborhoods; in a study of Texas cities, local designation increased property values be-tween 5% and 20%. Historic buildings also attract small businesses who can utilize small historic structures, attract visitors and attract investment to preserve the structure and the area. Other economic benefits center on rehabilitation projects and on the income generat-ed by heritage tourism.
• Historic Rehabilitation ProjectsDirect and indirect economic benefits accrue from rehabilitation projects. Direct impact refers to the purchase of labor and ma-terials, while indirect impacts are expenditures associated with the project; together, these can be added to create the “total” im-pact. Preservation projects are generally more labor intensive, meaning more of the money invested in a project will stay in the local economy rather than outsourcing materials or spending money on other non-local costs. Furthermore, a rehabilitation project may provide functional, distinctive, and affordable space for new and existing small businesses, which is especially
Existing Conditions Report 3
relevant in historic downtowns where many local businesses operate in historic buildings. In addition, financial incentives may be available for some reha-bilitation projects, which is often dependent on the structure’s historic designation status. These incentives can assist in mak-ing a rehabilitation project financially feasible.
Heritage TourismHeritage tourism is another benefit of investing in historic preserva-tion, as people are attracted to the cultural heritage sites within the area. These resources provide a glimpse into the history of Brookings and tells of its contribution to state and regional history. Heritage tourism means traveling to experience the places that authentically represent the stories and people of the past and present. This in-cludes historic as well as cultural and natural resources. Heritage tourism supports employment in hotels, bed and breakfasts, motels, retail stores, restaurants, and other service businesses. Studies show that heritage tourists spend more dollars on travel than other tour-ists.
Environmental BenefitsSustainable development and the conservation of resources are cen-tral principles of historic preservation. Sensitive stewardship of the existing building stock reduces our environmental impact. Preserving and adapting a historic structure is sound environmental policy in all respects. In basic terms, re-using a building preserves the energy and resources that were invested in its construction, reduces the amount of materials going to the landfill and it avoids the need to produce new materials.
• Embodied EnergyEmbodied energy is defined as the amount of energy used to create and maintain an original building and its components. Preserving a historic structure retains this energy. Wood, stone, brick and glass all manifest the energy of their creation and the energy invested in building construction. If demolished, this investment in embodied energy is lost and significant new energy demands are required to construct a replacement. In ad-dition, according to the Environmental Protection Agency (EPA), building debris constitutes around a third of all waste generated in the United States. This can be reduced significantly if historic structures are retained rather than demolished.
• Sustainable Building MaterialsHistoric structures were constructed with durable materials including wood, stone and brick. They were built for longevity, in a manner that allows repairs instead of requiring replace-ment. The sustainable nature of historic construction is best illustrated by the design and construction of a window. While older windows are often cited as being major sources of heat loss, other parts of a building typically account for a greater proportion of overall losses. For example, as much as 50% of the energy lost from a house is from air infiltration through the attic, uninsulated walls, and around windows and door cavities, and not through the glass in a window itself (Gotthelf, Jill H. &
Walter Sedovic. What Replacement Windows Can’t Replace: The
4 Brookings Historic Preservation Plan
Real Cost of Removing Historic Windows. APT Bulletin: Journal
of Preservation Technology. Volume 36. Number 4.) Repairing an existing window and adding insulation to the attic saves more energy than the replacement of single-paned wood windows with double or triple-paned alternatives. Older windows were also built with well-seasoned wood from stronger, durable, weather-resistant old-growth forests. Historic windows can be repaired through reglazing and the patching and splicing of wood elements. By preserving the original win-dow materials and enhancing them to be more energy efficient, the life-cycle of the historic building is lengthened and energy is saved. For instance, repairing, weather-stripping and insu-lating an original window is more energy-efficient and much less expensive than new windows, in addition to being a sound preservation practice.Contemporary windows, on the other hand, are often difficult to repair, with replacement as the only option. If a seal is disturbed in a new, vinyl window, the best approach is to replace that particular window, rather than repair the part. This means the damaged window then goes to the landfill. On the other hand, a historic wood window can be repaired more easily. In addition to being more difficult and costly to replace, newer window ma-terials, such as vinyl, are also often less sustainable and require the extraction of raw, nonrenewable materials. High levels of energy are involved in production and the new materials will often also have an inherently short lifespan.
• Building Energy SavingsEnergy savings are not usually achieved by replacing original building fabric with contemporary alternatives. Repair and weather-stripping or insulation of original walls, floors and the attic is usually more energy efficient and much less expensive than replacing original material. As much as 50% of the energy lost in a house is from air infiltration through the attic, poorly insulated walls and around the windows and door cavities, and not through the glazing of windows and doors. Proper caulk-ing and insulation around windows and doors, combined with adding insulation in attic space, will save energy at a higher rate than by replacing single-paned wood windows with multi-paned alternatives. Many utility companies are now advising custom-ers that the “payback” of replacing a window is much longer than other energy-saving measures.
Existing Conditions Report 5
Relationship to Community Initiatives and PoliciesThis Existing Conditions Report, which is the first step towards the creation of an Historic Preservation Plan, is supported by the 2018 Comprehensive Plan. Goals, policies and community priorities noted throughout the Plan highlight the importance of historic preserva-tion in Brookings. Historic preservation is particularly highlighted through the Quality of Life Recommendation #7 on page 151:• Goal: Maintain the City’s heritage through historic preservation. »Policy: Revise the city-wide historic preservation assessment and implement historic preservation plans and programs. »Policy: Create targeted incentives for preservation, aimed at potential obstacles. »Policy: Develop guidelines for development in the downtown or other historic districts.In addition to the Brookings Comprehensive Plan, federal, state and local regulations provide the legal basis for historic preservation efforts in Brookings. This includes everything from properties listed in the National Register of Historic Places and the basis for reviewing historic properties through the 11.1 review process to the establish-ment of the Historic Preservation Commission.
Who Engages in Preservation? A successful historic preservation program engages property owners, residents, visitors and community groups throughout the City. It pro-vides education about historic preservation, technical assistance, and financial incentives, and identifies historic resources throughout the community. When community members engage in preservation activ-ities in and around designated historic resources and districts, they also help to keep historic properties in active use. This helps keep them in good repair to preserve the resources for future generations.
Property OwnersProperty owners that choose to purchase designated historic re-sources or a historic property in a designated heritage district do so understanding the importance of the property to the history of the city. While property owners may qualify for financial incentives for the maintenance for their property, they also invest time and money into its preservation, and to keep it in active use. This investment, in addition to owning a piece of Brookings’ history, results in pride of ownership.
brookings
SOUTH DAKOTA
comprehensive plan
Adopted April 2018
Planning for 2040
6 Brookings Historic Preservation Plan
Business OwnersBusiness owners that choose to locate their business in a designated historic building or heritage district engage in preservation by keep-ing historic buildings in active use. Business owners also then attract customers to heritage resources for business purposes, bringing more awareness to heritage resources and districts.
ResidentsBrookings residents celebrate the City’s heritage in many ways. Some residents choose to live in historic properties, which keeps these buildings in active use and helps to maintain them in good condition. Residents throughout the community also organize, support and participate in events that celebrate the heritage of Brookings. These events are hosted throughout the community and are open to and attended by residents throughout the City.
VisitorsHeritage tourism is one of many economic benefits of heritage pres-ervation and is a crucial driver for how visitors engage with heritage preservation in Brookings. Events and festivals that celebrate Brook-ings’ heritage, museums and exhibits that present the history of the City, and plaques and markers placed throughout the community to identify key heritage resources are all ways in which visitors learn about and immerse themselves in Brookings’ heritage.
City of BrookingsThe City of Brookings manages the historic preservation program and its components including historic resource designation, design re-view, funding, and technical assistance. The preservation program op-erates within the Community Development Department. The Historic Preservation Commission meets monthly to review design review applications and work on other historic preservation efforts.
State of South Dakota SHPOThe State Historic Preservation Office (SHPO) in South Dakota pro-vides support to the Brookings historic preservation program in a variety of ways. The SHPO manages the National Register of Historic Places program for the state, which surveys, inventories, and registers historic properties. It also conducts reviews under section 11.1 of the state statute, which is explained later in this report, especially when a Case Report is required. Sometimes, SHPO staff are available to visit a property to discuss potential changes with the property owner prior to beginning a project that may require 11.1 review. The South Dakota SHPO also coordinates the Certified Local Government (CLG) program, of which Brookings is a member, and maintains a statewide historic preservation plan. The CLG program is also explained later in this report.
Existing Conditions Report 7
NationalAdditional preservation partners are found at the national level, which support preservation efforts at the local, regional, and state levels. At the national level, historic preservation is operated by the National Parks Service (NPS). The National Historic Preservation Act of 1966 created many provisions for preservation including the establishment of the National Register of Historic Places and creating a provision for considering the impacts of any federal undertaking on National Register properties. The National Register of Historic Places is the official list of the nation’s historic places and is part of the national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s historic and ar-chaeological resources. The National Register listing honors a prop-erty by recognizing its importance to the community, state, or nation. Listing provides protection from harm by federal or state activity but does not place restrictions on the actions of property owners. It also makes properties eligible for federal and state tax credits for certain types of rehabilitation work. Additional organizations that support preservation efforts at the national level include the National Trust for Historic Preservation (NTHP), and the National Alliance for Pres-ervation Commissions (NAPC).
How is this document used? This Existing Conditions Report is the first step in creating a Historic Preservation Plan for the City of Brookings. As its title indicates, it documents the current state of preservation in Brookings, and divides the information into program components, which are discussed in the next section. After describing the current state of each of the program components, current issues and future opportunities are presented.If the future phases of the Historic Preservation Plan effort are fund-ed, this Existing Conditions Report will serve as the starting point for the community to begin identifying goals, policies, and actions for the future of the Brookings historic preservation program.
8 Brookings Historic Preservation Plan
STATE OF BROOKINGS’ HISTORIC PRESERVATION PROGRAMMany groups, policies, and procedures contribute to the City’s preser-vation program using a range of strategies and tools that work to-gether to form its essential components. This section outlines the six strategic components and their current operation.
IdentificationThe identification component of the preservation program focuses on surveying historic structures and evaluating them for potential his-toric significance. Creating and maintaining a comprehensive, up-to-date survey provides property owners and public officials important information that informs their decisions about acquisition, designa-tion, maintenance and stewardship of historic structures. How is it determined that a property has historic significance? Pro-fessionals in the fields of history, historic preservation and historical architecture work with staff, commission members and advocates to evaluate properties, using standards that are recognized national-ly. They employ a variety of research tools to assist them in making those determinations. Research tools include summaries of historical patterns, defined as “contexts” and “themes,” along with descriptions of the typical property types and building styles associated with them. Incorporating this information into the Geographic Information System (GIS) controlled either by the City or County is one way that many communities manage survey data and make it available to the public.
Existing Conditions Report 9
Historic Contexts and ThemesHistoric contexts are narratives that group information related to existing historic structures based on themes, specific time periods, or geographic areas. The relative importance of an individual historic structure can be better understood by determining how it relates to these historic contexts. An individual historic structure may relate to more than one of these areas. The South Dakota State Historical Soci-ety, or the SHPO, has published a series of historic contexts, including:• Architectural History in South Dakota• Churches in South Dakota• Historic Bridges of South Dakota• Homesteading and Agricultural Development• Schools in South Dakota• South Dakota’s RailroadsThese historic contexts and others published by the SHPO may be applicable to historic resources in Brookings.
SurveysHistoric resource surveys collect information about the history and disposition of properties citywide or in selected areas. They use adopted criteria for determining which properties or districts have historic or archaeological significance. Communities initiate historic resource surveys in order to determine whether structures have historic significance and to properly docu-ment the historic resources. Based on survey results, a community may decide to designate individual structures as historic at the local, state, and or national levels. The survey may also provide evidence that a historic district designation is possible. Updates to historic sur-veys are conducted when new information or resources are available about a historic structure or district, if the cultural significance has yet to be incorporated into the survey, if the criteria for designation have changed, or if the condition of the property needs to be exam-ined.The survey process includes a field inspection, collecting historic information about the physical and cultural historic elements of the property and documenting it in photographs, drawings and maps. A survey should include a listing of all the properties researched, indi-cating the significance of each of the resources and, where applica-ble, should also include a description of the general character of the district. Additionally, the survey should include a definition of the key characteristics of individual properties as well as the defining charac-teristics of groups of neighborhoods or groups of buildings. For archaeological surveys, fieldwork is commonly required to assess significance. In many cases, this involves the placement of hand-ex-cavated probes to analyze site stratigraphy and identify any artifacts and subsurface deposits. The final product of any cultural resource study is a full and detailed report documenting the methods and re-sults of the survey.The most recent historic resource survey in Brookings was complet-ed in 2008. While there is not a specific timeframe in which a sur-vey should be conducted or updated, it is essential that survey data remains up-to-date for planning purposes.
Historic bridge in Brookings County; from the South Dakota Digital Ar-chives (South Dakota State Historical Society)
10 Brookings Historic Preservation Plan
Children's
Museum
Campanile
Courthouse
First Lutheran
Church
Old
Sanctuary
9TH AVE8TH AVE7TH AVE5TH ST
8TH ST
7TH ST
3RD ST
2ND ST6TH AVEUS HWY 14
5TH AVE4TH ST
1ST ST 11TH AVE9TH ST
MEDARY AVEHARVEY DUNN ST
6TH AVE S1ST ST
S
3RD AVE S3RD AVE
MAIN AVE SMAIN AVE5TH AVE SCIRCLE DR9TH ST
MEDARY AVE4TH STMAIN AVELegend
University Residential Historic District
Central Residential Historic District
Sexauer Seed Historic District
Commercial Historic District²
Historic Districts
This map locates all four of Brookings’ Historic Districts
Existing Conditions Report 11
The Commercial Historic District and Sexauer Seed Historic District
12 Brookings Historic Preservation PlanChildren's MuseumCourthouseOld Sanctuary5215206019166255278127124055057158247248168168256247259258157218167108178028089177049165029227097039089037049128029217259028259115257055027269089295178246165199025117119115167247034165119283174105124155165175103124144175123103174107067187165196158177096109156097157087125158108138097139199215275217146148057025026046029058038068045247025165TH ST3RD ST4TH STUS HWY 147TH AVE
8TH AVE 9TH AVE5TH AVEMEDARY AVE2ND ST6TH AVE 6TH AVE S4TH STCentral Residential Historic DistrictLegendContributingNon-ContributingStructure ExcludedIndividually Listed²The Central Residential Historic District
Existing Conditions Report 1382580490772062152190681990590791671162762992880581570471070562360562181091761772371582862891472062792382072181261181683581780972380982372370961780370781181192971161491991891562061671161781981681792982970371571482271271982570382091290272270562271862310116219277256109028166257047117177167118198157117118117086248117037208209209216256306256186297147239287196176156136288037157158217087196216166247156207059228108286208247097157058247186117228248289287257298039117186167027166117107039296245176178256287215167286169236126119179217258089088127086107179107197036057257216197118257217138218198157158218197078158256176096159119019157059069027017096266106116167166017168038058078098037106129159039037207166206169197068178168TH ST7TH STUS HWY 149TH AVE
8TH AVE7TH AVE6TH AVE9TH STMEDARY AVEHARVEY DUNN ST5TH AVEMAIN AVECIRCLE DR9TH STMAIN AVELegendIndividually ListedContributingNon-ContributingExcluded StructureUniversity Residential Historic District²The University Residential Historic District
14 Brookings Historic Preservation Plan
New Survey TechniquesNew technologies now allow data gathering and evaluation to oc-cur more efficiently. An important innovation is linking survey data through a city’s Geographic Information System. Combining historic records and building permit information in Geographic Information Systems improves recording and access to a wide range of property information. Additional data may also be gathered by allowing property owners to upload information about their properties to a City website. When combined, these new technologies can support ongoing survey ef-forts that ensure up-to-date documentation of a community’s historic resources.Some communities are also using a tiered survey system that indi-cates varying levels of integrity and significance for historic struc-tures. Such a survey may also identify new buildings that are com-patible with their context. A tiered survey can be linked to a variety of planning objectives, or be calibrated to fit differing benefits and incentives, or review and permitting processes. For example, proper-ties with a high level of historic significance may be subject to review by the BHPC, whereas a lesser level may be handled by staff.
Historic PropertiesA historic survey documents how an individual property relates to the city’s historic contexts, how it represents a property type, and how it meets requirements for potential designation as a historic resource. A historic resource can be a building, site, district, structure or object.
National RegisterThe National Register of Historic Places (NRHP) is the official list of the Nation’s historic places that are worthy of being preserved and recognized at the national level. The NRHP was created in 1966 through the adoption of the National Historic Preservation Act. To be eligible for the NRHP, a property’s age, significance and integrity are examined. Properties listed in the National Register are also eligible for federally administered preservation tax credits. Brookings has several nationally-designated properties and districts:• Commercial Historic District »59 structures, built predominantly between 1884 and 1928 »District established in 1988• Central Residential Historic District »127 primary structures and 93 secondary structures, built between 1891 and 1941 »Established in 1994 and amended in 2001 with a boundary increase• University Residential Historic District »248 houses, 177 secondary buildings, built between 1895 and 1948 »Established in 1999• Sexauer Seed Historic District »10 structures »Established in 2001
Existing Conditions Report 15
• 23 individually listed historic resources1. Brookings City Hall, 310 4th St*2. Brookings County Courthouse, 4th Street and 6th Ave3. W.A. Caldwell House, 804 Sixth Ave*4. Carnegie Public Library, 524 4th Street5. Chicago and Northwestern Railroad Depot, Main Ave*6. Ivan Cobel House, 727 Main Ave*7. Coolidge Sylvan Theater, Medary Avenue, SDSU8. Coughlin Campanile, Medary Avenue, SDSU9. Experimental Rammed Earth Machine Shed, NW corner SDSU campus10. Experimental Rammed Earth Wall, Medary Avenue11. Fishback House and Boundary Increase, 501 8th St12. Graham House, 927 7th St*13. E.E. Haugen House, 202 5th St14. Lockhart House, 1001 6th Ave15. G.A. Mathews House, 423 Eighth St16. Nick’s Hamburger Shop, 427 Main Ave17. Pioneer Park Bandshell, SW Corner Junction US14 and 1st Ave18. George P. Sexauer House, 949 4th Street19. Stock Judging Pavilion, 11th Street and Medary Ave20. Trygstad Law and Commerce Building, 401 Main Ave21. Wenona Hall and Wecota Hall, Medary Ave, SDSU22. Woodbine Cottage, 929 Harvey Dunn Street23. Woodbine Cottage Experimental Rammed Earth Wall, west of junction at 10th Street and Medary Ave, SDSU * Also located in a historic districtMore information about each of these National Register-designated historic resources can be found on the City’s website.
State RegisterThe South Dakota State Register of Historic Places is maintained by the South Dakota State Historical Society (SHPO). All the resources listed in the National Register are automatically included on the State Register. In addition to the National Register properties listed on the previous page, only one additional property in Brookings is listed in the State Register – the Horticulture Building on the SDSU Campus, which was listed in 1981.
Local RegisterThe Brookings Local Register of Historic Places is established in Section 46-44 of the city’s municipal code. For an individual property, building, or structure, or for a historic district to be eligible for desig-nation to the Local Register, the property(s) must possess integrity of location, design, setting, materials, workmanship, feeling and associa-tion, and must meet at least one of the following criteria:1. The property is associated with events that have made signif-icant contributions in the broad patterns of local, regional, or state history, including settlement, agriculture, commerce and transportation2. The property is associated with the lives of persons significant in the past of this city or state or the past of a region of this state3. The property represents distinctive types, periods, or methods
16 Brookings Historic Preservation Plan
of construction; they represent the work of a master; they pos-sess high artistic values; or they represent cultural or regional building patterns4. The property is associated with prehistoric or historic archaeol-ogy5. The property has historical, architectural, archaeological or cultural significance6. The property is suitable for preservation or restoration7. The property has educational value8. The property’s cost of acquisition, restoration, maintenance, operation or repair, and9. The administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs.Any individual, BHPC member, Council member or organization can nominate a property to the Brookings Local Register of Historic Plac-es. The BHPC will then notify the owners and occupants of the indi-vidual property or properties if a district is under consideration. A hearing will then be held to determine whether the property should be listed on the Local Register. While the City of Brookings has estab-lished the Local Register, no historic resources or districts have been designated.
Identification Component Analysis
Issues • Lack of survey information to determine potential for future historic resource designations• Lack of Geographic Information System (GIS) to catalog survey and designation information• Shortage of funding for surveying and designation
Opportunities • Consider designating properties that are listed in the National Register to the Local Register in order to provide demolition delay and delay for house moving to protect listed properties. Demolition of historic resources is further discussed in the Man-agement Tools program component.• Consider conducting a survey of residential resources, partic-ularly those built in the “mid-century” time period and style to determine whether they are eligible for the Local, State, and/or National Register
Existing Conditions Report 17
Management ToolsManagement tools are the mechanisms for protecting historic prop-erties and providing technical assistance related to preservation. Brookings’ primary management tools are the ordinances that guide historic preservation efforts. Underlying zoning regulations and design review often help manage the treatment of the city’s historic districts and resources. The 11.1 review process, explained below in this program component, that is outlined in the state statute is anoth-er important component. Together, these provide an effective frame-work for preservation. In some cases, however, individual tools lack sufficient clarity, or could be made stronger.As improvements to existing management tools are considered to strengthen the preservation program, it will be important to under-stand how they interact with other City regulations. For example, in some cases the existing zoning may allow building densities and forms that are not in character with the single-family residential context in the residential historic districts. Modifying the underlying zoning in an established historic district to more closely reflect tra-ditional development patterns could reduce potential conflicts later in design review. In other neighborhoods that are not designated as historic districts, applying an overlay or developing a conservation district tool may also be a consideration.
Zoning OrdinanceThe basic regulations that shape development throughout Brook-ings are part of the city’s zoning code, which is provided in Chapter 94 of the City’s Municipal Code. The zoning code defines permitted uses and densities as well as dimensional limits such as setbacks and building heights. These regulations apply to both historic and non-historic properties. The zoning code includes base zone districts and overlay districts. Base zone districts provide the regulations that apply to all properties throughout the city, while overlays provide additional context-specif-ic regulations for certain areas. The code includes base zone districts for residential, commercial, industrial and other uses at varying den-sities and scales. While none of the overlay districts are specific to the designated historic districts, two address the campus edge, which is near or in the University Residential Historic District.In some cases, the existing zoning districts may conflict with the goals and objectives for historic preservation because they allow for devel-opment that is out of character with the historic pattern. For example, if maintaining low scale is a goal, zoning regulations that allow signif-icant height increases could be incompatible. In other cases, zoning regulations may be incompatible with preservation goals because they are too restrictive. For example, if a goal is to preserve the char-acter of a neighborhood where houses were typically built very close together, zoning regulations that require a significant setback be-tween properties could be incompatible. One such zoning and histor-ic preservation conflict is that of the R-2 zone district, of which both residential historic districts are zoned. In addition to single-family dwellings, the R-2 zone district currently permits two family dwell-ings, townhomes and dwellings with up to 18 dwelling units per acre, which is not in character with the historic nature of these districts.
18 Brookings Historic Preservation Plan
• Historic Preservation Ordinance The historic preservation ordinance can be found in Chapter 46 of the zoning code. This chapter establishes a comprehensive program of historic preservation, and covers a variety of top-ics. Chapter 46 establishes the Historic Preservation Commis-sion (HPC), and explains how members of the Brookings HPC are appointed, how vacancies are filled, and their powers and authorities. The historic preservation ordinance also provides information regarding historic landmarks and establishes the Brookings Local Register of Historic Properties. It provides criteria by which properties can be locally designated and the process by which they can be nominated and approved. Historic districts are also discussed in this chapter – how they’re estab-lished, the composition of a local historic district commission, and how Certificates of Appropriateness work and what exterior features they apply to.
Building CodeRequirements for fire safety, emergency exiting, and other construc-tion-related issues are part of the building code. The City utilizes the International Existing Building Code (IEBC) and the International Building Code (IBC). The versions for each of the IBCs that are en-forced can be found on the City’s “Building Permits/Applications” webpage. City staff may be able to assist applicants with flexible de-sign solutions that promote preservation objectives while still meet-ing code requirements.
Comprehensive PlanThe City of Brookings Comprehensive Plan: Planning for 2040 “pro-vides a vision for the future of Brookings with a focus on priorities, policies, and public investments over the next 20 years.” The primary roles of the Comprehensive Plan are Community Building, the Legal Basis for Land Use Regulations and Decisions, Guidance for Decision Makers, and that it is Responsive to a Changing World. The directive to establish this Historic Preservation Plan stems from the Comprehensive Plan, which states that “a comprehensive historic preservation plan should identify future preservation and rehabilita-tion initiatives.”Historic preservation-related findings are primarily found in Chap-ter 7 of the Comprehensive Plan, which focuses on Quality of Life, of which one of the 11 recommendations is to “Maintain the city’s her-itage through historic preservation.” This goal notes that the historic structures and districts in Brookings are a “special part of the charac-ter of the community and the preservation of these places should add to the quality of life and create a vibrant urban environment.” It also recognizes that safeguarding history through educational efforts is a crucial component to a preservation program. In order to accomplish this recommendation, three objectives are outlined: • Revise the city-wide historic preservation assessment and im-plement historic preservation plans and programs• Create targeted incentives for preservation, aimed at potential obstacles• Develop guidelines for development in the downtown or other historic districts
152
BROOKINGS: A COMPREHENSIVE PLAN
PRESERVATION PLANNING
IN BROOKINGS
South Dakota Codified Law Section 1-19A-11.1
establishes procedures for historic properties
identified throughout the state. Included
in this section is a review process that is
required for any project involving property
included in the National Register of Historic
Places or the State Register of Historic Places
prior to the owner receiving a building permit.
The 11.1 review process (as it is known across
the state) uses the Secretary of the interior’s
Standards for Rehabilitation as the primary
metric for evaluating a project’s impact on a
historic property.
The State Historic Preservation Office (SHPO),
in collaboration with the local Brookings
Historic Preservation Commission, and City
of Brookings staff, reviews proposals to
determine if a project has the potential to
damage, encroach upon, or destroy historic
properties.
The goal of this process is to ensure that
projects proposed in historic districts and/
or on historic properties consider all feasible
and prudent alternatives to minimize harm
to historic properties and their character-
defining features.
FIGURE 7.3: Historic Districts in Brookings
Central Residential
Historic District
University Residential
Historic District
Medary3rd Street
6th Street
8th Street
MainCommercial
Historic
District
Sexauer Seed
Historic District
Sexauer Seed
Historic District
151
7PLAN ELEMENTS
Require features in low density developments
that create a sense of community
Ultimately, creating great places involves more than just a
building; it includes creating a public realm that may include
walkways, landscaping, public spaces to meet or enjoy,
shapes and edges, public art, street furniture, water, and other
ingredients. It is very difficult to legislate good places for people
but the city should strive to create projects that, even when they
seem routine, contribute something to the beauty and welfare of
the city.
MAINTAIN THE CITY’S HERITAGE THROUGH
HISTORIC PRESERVATION
Brookings historic districts and structures hold a special place in
the hearts of many residents. Preservation of these places should
add to the quality of life and create a vibrant urban environment.
Retaining the historic quality of districts and buildings is
important to safeguard history but should also benefit the
community as a whole. Preservation should enhance the
environmental quality of the city, improve the economic potential
of a neighborhood or building, and strengthen property values.
Revise the city-wide historic preservation
assessment and implement historic
preservation plans and programs
Brookings should improve its understanding of the extent
and condition of its existing historic resources and the state of
current practice. This should be done through the development
of a historic preservation assessment that quantifies the impact
of current development patterns and existing policies and
regulations on the city’s historic resources. A comprehensive
historic preservation plan should identify future preservation and
rehabilitation initiatives. Historic preservation programs should
implement the basis for new and improved policies, review
guidelines, and incentives to conserve the city’s spectrum of
historic assets.
Create targeted incentives for preservation,
aimed at potential obstacles
Cities and developers have used a wide variety of tools to remove
the obstacles to historic preservation. These have included
low-interest or forgivable loans, Tax Increment Financing,
historic tax credits, preservation easements, and expedited
review processes. These strategies should focus on two general
areas: financing gaps created by some of the contingencies of
historically appropriate preservation (see Department of Interior
Standards) and adaptive reuse, and concerns by developers
about delays or uncertainties during the project development
process.
Develop guidelines for development in the
downtown or other historic districts
Development should respect the historic character of downtown
and adjacent historic neighborhood districts. However, historic
design guidelines should be just that, “guidelines” and not
prescriptive regulations that deter redevelopment and result in
continued deterioration of historic structures. The guidelines
should be a guide to building owners, contractors and project
reviewers prior to work being initiated and should support
the compatible use of a property through repair, alteration,
or addition while preserving those portions or features which
convey its historical, cultural, or architectural value.
This excerpt from the Comprehensive Plan discusses the importance of plan-ning with historic resources in mind, and planning for the future of these historic resources as they are import-ant character-defining features in the community.
Another excerpt from the Comprehen-sive Plan shows a map of the historic districts in Brookings and discusses the state law that establishes the review process for historic resources.
Existing Conditions Report 19
The Plan also explains the current review process as outlined in South Dakota Codified Law Section 1-19A-11.1, and also includes the Secretary of Interior Standards for Rehabilitation.In addition to the preservation-specific section of the Comprehensive Plan, other sections of the Plan establish policies that are preserva-tion-related. These include the following: • Support Healthy Lifestyles (one of the Engagement Themes)This theme recognizes the importance of a community that is physically built to create a safe environment for walking, biking, and riding the bus for people of all ages. While historic neigh-borhoods are not specifically mentioned here, the linear, tree-lined streets in Brookings’ historic districts contribute to this sense of a comfortable physical environment that contributes to the ability to maintain a healthy lifestyle.• Strong and Affordable Neighborhoods (one of the Engagement Themes)This theme recognizes that the quality of the neighborhoods in Brookings is part of what makes the City unique and that makes it a desirable place to live. “Strong neighborhood design, quality of life features, and a diversity of housing products” are all part of what makes strong and affordable neighborhoods, and Brook-ings’ historic resources contribute to this as well. • Quality of Life: Community and Neighborhood CharacterIn the existing conditions for the Quality of Life section of the Plan, it is noted that “Brookings’ identity remains strong as evident from its historic neighborhoods and downtown.” The community’s historic resources are a key part of its unique character. • Revitalize and Stabilize Older NeighborhoodsIn Chapter 4: Housing and Neighborhoods, one of the seven recommendations for action is to “revitalize and stabilize older neighborhoods.” This action recognizes that maintaining a stock of affordable housing is key, and that older neighborhoods often assist in accomplishing this goal, along with preserving the “culture, history and identity of the community.” The historic districts in Brookings are a key part of revitalizing and stabiliz-ing older neighborhoods, and may provide an opportunity for affordable housing, while educating residents and visitors about the culture, history and identity of the community. Within this particular recommendation are two key objectives. The first is to “Establish or continue to fund rehabilitation pro-grams.” This objective focuses on the need for a mix of owner and renter assistance programs to assist with emergency re-pairs, rehabilitation loan programs for low income households, and energy efficiency loans. It recognizes that rental assistance programs are more challenging but would likely be paired with code enforcement in order to remain effective. However, by providing assistance to rental properties, it means that they can stay competitive with the new construction units, especially those around the university.
20 Brookings Historic Preservation Plan
The second key objective within this recommendation is to ex-pand the demolition program that would likely focus on remov-ing vacant or abandoned manufactured homes. This objective does recognize that “special considerations should be rendered to demolition activities when contemplating historic resources.”• Strategic Development Areas: 6th Street CorridorIn planning for this corridor, the public identified as one of their priorities that impacts to the adjacent historic districts should be mitigated by “encouraging a graceful transition between those properties with frontage on 6th Street to those with front-age on 7th and 5th Streets respectively.” This priority noted by the public recognizes the importance of preserving the commu-nity’s historic resources when considering new development, and the importance of making development compatible with adjacent or nearby historic resources.• Strategic Development Areas: Downtown BrookingsA key approach to Downtown Brookings is to preserve its histor-ic assets. This approach explains the importance of the designat-ed historic district and its role as an economic development tool for the community. By highlighting these historic resources, the downtown cultural experience can be enhanced when combined with “walkability, attractive landscaping, and diverse social opportunities.”
Design Assistance & ReviewDesign assistance materials are found on the City’s website and in-clude the Downtown Brookings Design Guidelines. Design guidelines provide criteria for determining the appropriateness of proposed work affecting historic structures. They inform a property owner in advance of how a proposal will be evaluated. Effective design guide-lines provide clear examples of design treatments. In addition, they define the range of flexibility that may be available for alterations and additions to properties. They can also help to identify which features are significant and should be preserved, and conversely, which fea-tures are less critical to the integrity of a historic resource, thereby indicating whether greater flexibility may be afforded. Design assistance can also be found in the form of the Secretary of the Interior’s Standards for Rehabilitation, the National Park Services Preservation Briefs and the National Park Service Interpreting the Standards Briefs.Design review is a collaborative process used to examine public and private projects for their aesthetic, architectural, or urban design quality, historic appropriateness, and compatibility with surround-ing context. A well-organized design review process helps protect a community’s historic character. It is a management tool that applies in addition to zoning regulations that may provide some context-sen-sitive standards.Currently, design review is required when a permit application is submitted that may negatively impact a historic resource. When this determination is made, the 11.1 review process begins, which is de-scribed on the following page.
Existing Conditions Report 21
State Plans and Policies
• State Statute: 11.1 Review ProcessSDCL 1-19A-11.1, or “11.1 Review” process as it is referred to by the Brookings Historic Preservation Commission, begins with a permit request for a project involving a historic property. This permit request is submitted to the City Planner, who then determines whether the project has the potential to damage, destroy, or encroach upon historic property. If it is determined that the project does have that potential, the City Planner then notifies the SHPO of the project. Upon receiving the notification, SHPO may request a Case Report, which is the responsibility of the local government, who may also request that the applicant help prepare it. In these cases, the BHPC may also review and comment on the Case Report. The Case Report and any com-ments are then submitted to the SHPO for review and comment on whether the permit application should be approved. If SHPO determines the project will not damage, destroy, or encroach upon historic property, a permit can be issued; however, if it is found the project will damage, destroy or encroach upon histor-ic property, the City cannot issue the permit unless it is deter-mined there are no feasible and prudent alternatives and that all possible planning to minimize harm to the historic property is being completed. A flowchart explaining the full 11.1 review process can be seen on the following page. The “11.1 Review Process” webpage on the City of Brookings website includes a series of other helpful forms and informational pages to explain the 11.1 Review Pro-cess.
• Statewide Preservation Plan (2016 – 2020)The South Dakota Statewide Preservation Plan is a guide for preservation efforts taken on by communities, preservation or-ganizations, and individuals throughout the state. It seeks to es-tablish priorities and direction for historic preservation in South Dakota over a five year period. After recognizing a series of new opportunities for preservation to take advantage of including heritage tourism, the Plan notes a range of threats to historic re-sources throughout the state including neglect, natural resourc-es, lack of awareness and economic development pressures. The Plan outlines four primary goals for historic preservation in the state: »Goal 1: Increase the promotion of historic preservation in South Dakota. »Goal 2: Expand access to educational opportunities. »Goal 3: Maintain and increase the identification, protection, and registration of historic properties in South Dakota. »Goal 4: Increase funding for historic preservation programs in South Dakota.
22 Brookings Historic Preservation Plan
Summary of SDCL 1-19A-11.1 Review Process
Permit is requested for a project involving a historic property
Project does not have the potential to damage,
destroy, or encroach upon historic property
Project has the potential to damage, destroy, or encroach upon
historic property
City notifies State Historic Preservation
Office (SHPO). SHPO has 30 days to initiate
an investigation by requesting a Case Report
Within 30 days of notification,
SHPO does not request a Case
Report.
Within 30 days of notification, SHPO requests a
Case Report. The City is responsible for the
Case Report but the applicant may help pre-
pare it. SHPO may request that the HPC review
and comment on the Case Report. City sends
completed Case Report, and HPC comments if
requested, to SHPO for review.
SHPO finds the project will not
damage, destroy, or encroach upon
historic property.
SHPO finds the project will
damage, destroy, or encroach
upon historic property.
City determines
whether to issue
permit.
City makes final determination
whether to issue permit.
If the SHPO determines the project will damage, destroy, or encroach upon historic property, the City cannot issue the permit until
it has made a written determination, based upon the consideration of all relevant factors, that there are no feasible and pru dent
alternatives and that the program includes all possible planning to minimize harm to the historic property, resulting from such use.
Based upon consideration of all
relevant factors, City makes
final determination not to issue
permit.
Based upon consideration of all relevant factors, City makes final determination that there
are no feasible and prudent alternatives and that the program includes all possible planning
to minimize harm to the historic property. Prior to issuing permit, City must give 10 days’
notice by certified mail to SHPO and include a complete record of factors considered.
SHPO issues final comments to the City.
Existing Conditions Report 23
National
• Secretary of the Interior’s Standards for RehabilitationUnder the National Historic Preservation Act (NHPA), the Sec-retary of the Interior is responsible for providing guidance on the preservation of the nation’s historic properties. While the Standards included in this document are regulatory for projects that receive the Historic Preservation Fund grant assistance and other federally assisted projects, they also provide general guid-ance for work on a historic building.
• National Park Service Preservation BriefsSimilar to the Secretary Standards, the Preservation Briefs pro-vide information on how to preserve, rehabilitate and restore a historic building. The Briefs are organized into 50 individual PDFs that cover a range of topics including improving energy efficiency in historic buildings, repairing historic wooden win-dows, and making historic properties accessible.
Other Management Tools
• Conservation DistrictsA Conservation District is a geographically definable area that conveys a distinct character that demonstrates traditional development patterns. Some communities adopt conservation districts as a complement to historic districts. It may contain individual historic structures and components or groupings of historic structures. Regulations focus on major alterations and new construction. Applying design guidelines or standards to a conservation district serves to maintain its unique character. Creating a conservation district is a zoning tool used to maintain traditional neighborhood character in areas where residents seek some form of protection, but where historic designation is not appropriate or is not desired. A conservation district helps shape the character of new development and redevelopment by providing specific design standards and/or design guidelines that apply in addition to base zoning standards. This may also enable specific incentives or benefits for the Conservation Dis-trict. While the use of a conservation district might be a possi-bility in Brookings, their use and application need to be further analyzed.
• Overlay DistrictsAn overlay district is a zoning tool that provides context-spe-cific regulations in certain areas, in addition to the underlying base zone district. An overlay district can be used for a wide variety of purposes including regulating the height of an area to preserve views, creating design review for a specific area or providing design characteristics that define an area. For many communities with historic resources, an overlay district pro-vides an opportunity for the Historic Preservation Commission to review modifications toward local landmarks and properties within historic districts. The process for adopting an overlay differs slightly depending on the community, but most overlay districts must go through a public hearing and allow opportu-nity for public input. It is often adopted by Council as it is an amendment to the zoning ordinance.
24 Brookings Historic Preservation Plan
Management Tools Component Analysis
Issues • The University Residential and Central Residential Historic Districts are both zoned R-2, which provides for two-family, townhouse and multiple-family residential uses in addition to single-family use. This puts pressure on properties in the resi-dential historic districts to redevelop to higher density, especial-ly close to the SDSU campus. • Design guidelines currently only address the maintenance and improvement of commercial historic resources, and do not pro-vide guidance on how to address residential historic resources. They are also written more as an informational document rather than design guidelines, which are most often written as direct statements.• Property owners, especially those that have not been through the 11.1 review process, may not understand what constitutes appropriate and inappropriate changes to a historic resource. Without this knowledge, the 11.1 review process can be lengthy and costly. • When emergency repairs are needed, such as water damage, the 11.1 review process often takes longer than a property owner has available. • Historic resources are not protected from demolition, even if they are listed in the State or National Registers.• Historic resources sometimes fall into disrepair due to neglect, and the current 11.1 process does not address this issue.
Opportunities• Create a set of residential design guidelines to provide guidance to property owners of residential historic resources. This doc-ument should include guidance for appropriate additions, infill development that is sensitive to context, windows, and materi-als. In addition to text guidelines, they should also provide visual examples and options.• Review and enhance the existing commercial design guidelines to provide further design assistance to property owners. These guidelines should also provide information about appropriate infill development, additions to historic buildings (including elevator additions), windows, materials, and accessibility. In ad-dition to text guidelines, they should also provide visual exam-ples and options.• Explore the use of an overlay district to protect the design character of the University Residential and Central Residential Historic Districts.• Establish an informal pre-application meeting to provide an opportunity for an applicant to review design questions and receive design advice prior to submitting a permit application. »Note that this meeting should be with staff rather than a BHPC member because BHPC members meeting with applicants outside of a public meeting could lead to ex parte communications. Applicants are encouraged to seek BHPC consultation on a project during a meeting, prior to scheduling a formal 11.1 review meeting with the BHPC where a recommendation is provided.
Existing Conditions Report 25
• Create an informational pamphlet that pairs with the 11.1 review process flowchart that includes information on “things to watch out for” and “consider this” items for property owners to review prior to submitting a permit application that will go through the 11.1 review process.• Explore the use of Conservation Districts in the residential areas of Brookings.• Schedule a time (potentially quarterly) for SHPO staff to visit Brookings to meet with property owners considering sub-mitting a permit application that will require the 11.1 Review process. This will provide early design feedback for property owners to ease the 11.1 process.• Consider forming HPCs specific to each historic district, or sub-committees of the existing HPC to act as an informal homeown-er’s association.• Explore ways to address demolition by neglect, such as working with the SHPO to add to the 11.1 review process or to strength-en or act on Sec. 46-42 of the historic preservation ordinance (Prevention of deterioration by neglect).• Explore solutions with the SHPO to provide emergency relief when a project is needed but requires 11.1 review. Emergency relief may be needed after a natural disaster damages a property and exterior maintenance is required to keep the historic prop-erty safe and functioning for the occupants.• Consider creating an overlay district that addresses the pub-lic realm of the historic districts and distinguishes them from other neighborhoods. For instance, extend the use of the historic streetlamps throughout the residential historic districts.• Consider any code barriers that make it difficult to split a large commercial space downtown into smaller tenant spaces, with-out compromising the historic integrity of the structure, in order to accommodate the changing needs of non-retail businesses.• Consider ways to encourage non-retail businesses to occupy up-per floors in downtown buildings in order to reserve retail and active use spaces to the ground floor with windows.
26 Brookings Historic Preservation Plan
Incentives and BenefitsThe incentives and benefits component of the preservation program includes the tools that assist property owners in maintaining histor-ic structures. Effective preservation programs offer special benefits to stimulate investment in historic structures, encourage owners to follow appropriate rehabilitation procedures and assist those with limited budgets.Incentives and benefits take many different forms including:• Financial assistance – property tax incentives and federal in-come tax credit programs are two examples• Regulatory relief – focus on avoiding unintentional obstacles to preservation in other city regulations and also provide added flexibility in other regulations as they apply to historic resources• Technical assistance – this is especially valuable to homeown-ers and small commercial properties, but may also be useful by institutional property ownersProperty owners of designated historic resources may be eligible for one or more of the incentive and benefit programs.
National
• Federal Historic Rehabilitation Tax CreditThe 20% income tax credit is available for the rehabilitation of historic income-producing buildings that are determined by the Secretary of the Interior, through the National Park Service (NPS), to be “certified historic structures.” In order to be eligible for this program, the property must be listed in the National Register of Historic Places. The SHPO office and the NPS review the rehabilitation work to ensure it complies with the Secretary Standards for Rehabilitation.
• National Trust Preservation FundGrants from the National Trust Preservation Fund (NTPF) encourage preservation at the local level by providing money for preservation projects. These grants help stimulate public dis-cussion, fund technical expertise for local groups for particular projects and introduce the public to preservation concepts and techniques. These grants provide seed money for a preservation project and encourage financial support from the private sector. Eligible projects include planning activities and/or educational efforts focused on preservation such as: »Planning - support for obtaining professional expertise in areas such as architecture, archaeology, engineering, preservation planning, land-use planning, and law. »Education and Outreach – support for preservation education activities aimed at the public. The National Trust is particularly interested in programs aimed at reaching new audiences. Funding will be provided to projects that employ innovative techniques and formats aimed at introducing new audiences to the preservation movement, whether that be through educational programming or conference sessions.Ineligible activities and expenses include: »Building or construction activities »Academic research
Existing Conditions Report 27
»Acquisition of real property or objects »General support for conferences »Organizational capacity building activities (unless pre-approved by the National Trust) »Staff or faculty salaries »Organizational overhead costs »Catering, food and beverage, entertainment »Construction or other capital improvement costs »Expenses incurred prior to award dateThese are competitive, matching grants and range from $2,500 to $5,000. Only Organizational Level Forum members or Main Street America members of the National Trust are eligible to apply for NTPF funding. Additionally, applicants must be either a public agency, 501(c) (3), or other non-profit organization. To learn more about this grant and if you’re eligible, visit the SHPO website, or the National Trust for Historic Preservation’s web-page.
• Certified Local Government (CLG) Grant ProgramThe Certified Local Government Grant Program offers match-ing grants to cities and counties that have been “certified” as historic preservation partners with both the state and federal governments. The SHPO administers this program on behalf of the NPS. These grants can be used for a wide range of preserva-tion projects, including National Register nominations, historic resource surveys, preservation education, preservation code de-velopment, building restoration, and preservation planning. CLG grants are matched dollar for dollar. More information about CLG grants including the application and allocation schedule can be found on the Historic Preservation Commission’s webpage on the SD SHPO website.
State
• State Property Tax MoratoriumThe South Dakota Legislature has provided for certain property tax benefits for the rehabilitation of historic structures. If a certi-fied historic structure qualifies for the tax benefit, an eight-year moratorium is placed on the property tax assessment of certi-fied improvements. During the eight-year period, the property tax assessments may not be increased. In order to qualify for the property tax moratorium, the property must meet the following criteria: »Be listed in the State or National Register of Historic Places individually or as a contributing resource in a historic district »Rehabilitated according to the Secretary of the Interior’s Standards for Rehabilitation »Encumbered with a covenant attached to the deed of the property for the life of the moratorium guaranteeing the continued maintenance and protection of the building’s historic features for the life of the moratoriumProperty owners interested in utilizing this incentive are strong-ly encouraged to submit plans and specifications to SHPO prior to beginning work to ensure the property will quality. Appli-cations submitted will be forwarded to SHPO and the Resto-
28 Brookings Historic Preservation Plan
ration Specialist, who will determine if there are any potentially controversial components of the project proposal. The Board of Trustees makes a final determination on whether the property meets the Secretary of the Interior’s Standards for Rehabilita-tion and qualifies for the incentive. More information about this incentive can be found on the City’s “Historic Preservation Commission” page, or on the SHPO web-site.
• Deadwood Fund GrantThe Deadwood Fund Grant is funded by a portion of gambling revenues that are generated in Deadwood, SD. Grants range from $1,000 to $25,000, and must be matched from non-federal and non-state sources. The grant is awarded to projects that “retain, restore, or rehabilitate historic buildings, structures, and archaeology sites in South Dakota for commercial, residential, or public purposes.” To be eligible for the Deadwood Fund Grant, a property must meet the Secretary of the Interior’s Standards for Rehabilitation. Applications are considered bi-annually. For more information about this grant – including the application packet, photograph-ic documentation guidelines, and previous year grant recipients – visit the SHPO webpage.
• South Dakota State Historic Preservation Office Funding GuideIn 2014, the SHPO developed a Funding Guide to assist property owners throughout the state with preservation and building projects. This guide provides information about grants and loans but does not guarantee that the funds are still available as this guide was published six years ago. It is up to the applicant to do due diligence to ensure that a grant or loan listed in this packet is available.
Local
• Downtown Economic Development Incentive FundIn early 2020, the Downtown Brookings Business District Com-mittee relaunched the Downtown Economic Development In-centive Fund (DEDIF), a revolving loan fund. This loan program aims to stimulate private investment in downtown Brookings by lending funds to current or potential property owners. The low-interest loan can be utilized for real estate improvements, repairs and preservation work. More information about this loan program can be found by contacting the Downtown Brook-ings Business District Committee.
Existing Conditions Report 29
Incentives and Benefits Component Analysis
Issues • While a variety of incentives are available for historic preserva-tion projects, there is a lack of incentives (financial and regulato-ry) from the local level. • The City’s funding capability is limited. • Existing incentives are insufficient to promote historic designa-tion of properties to the Local Register
Opportunities• Explore offering incentives for preservation at the local level. The following list includes a variety of incentives that some communities provide at the local level: »Property tax incentives »Incentives that put rehabilitation and adaptive reuse projects above scraping and rebuilding »Incentives for accessory dwelling units. »Reducing or removing tax on building materials for historic properties• Explore offering an incentive that eases some regulations when a property (rental or owner-occupied) is properly maintained. • Explore offering a cost break if partnering with SDSU construc-tion management and/or architecture programs when working on a project. • Consider creating a revolving fund to assist property owners with work on their historic structure.
30 Brookings Historic Preservation Plan
EducationEducational programs build awareness and strengthen skills that support preservation efforts in the community. Helping property owners learn how to maintain their historic structures as active, via-ble assets is key to a successful preservation program. Many property owners willingly follow appropriate rehabilitation procedures and develop compatible designs when they are well informed about pres-ervation objectives.Workshops that provide helpful information about rehabilitation techniques and publications that build an understanding of histor-ic significance are examples of education and outreach strategies. Well-written design guidelines that provide useful information can also serve an educational role, in addition to a regulatory role as a management tool. Education and outreach efforts help ensure that the importance of historic preservation is well understood within the community. Additionally, they may help property owners better understand the range of flexibility that is available in the adaptive reuse of historic structures. In addition, providing education and training opportunities for staff and the HPC is integral to a strong preservation program.
Ongoing Programs
• Mayor’s Awards for Historic PreservationEach year, the BHPC and the Mayor’s office celebrate the best of preservation in Brookings by presenting Mayor’s Awards to individuals, organizations, or businesses whose work on historic properties in Brookings demonstrates achievements in historic preservation. Eligible projects involve the rehabilitation of older homes, businesses, or rental properties judged on consistency in materials appropriate to the date of construction, quality of workmanship, and sensitivity to the environment. Nominations are due in May to the BHPC. For more information about how to apply and to see previous winners of the award, visit the “May-or’s Awards for Historic Preservation” webpage on the City’s website.
• Historic Walking ToursIn conjunction with other summer activities, the BHPC offers two (2) historic walking tours annually with the commission members serving as docents. A tour of the Central Residential Historic District and the Downtown Commercial Historic District provide an educational experience to the general public. Walk-ing tour information for the Central Residential Historic District and the Downtown Commercial Historic District is also available for Apple products through an application titled “Yonward.”
• Trolley RidesDuring the City’s Festival of Lights, the BHPC sponsors a horse-drawn trolley ride through the Central Residential Historic District. Led by Commission members, the trolley rides provide an opportunity for community members to learn more about the history and architecture of the Central Residential Historic District in a unique format.
In addition to walking tours, bikes are often used as a form of transportation to view and learn more about historic resources in Brookings.
Informational trolley rides are held in the Central Residential Historic District.
The annual Mayor’s Awards for His-toric Preservation honors outstanding work on historic structures throughout the community.
Existing Conditions Report 31
Intermittent Programs
• Hands-on Workshops and GreenFest 2014In May 2014, the BHPC sponsored Bob Yapp, a nationally-rec-ognized historic preservation expert, to host a three-day series of hands-on workshops to address wood repair, painting and window restoration of historic structures. Bob’s expertise was also highlighted the same year at GreenFest, an event sponsored by the BHPC, the Brookings Sustainability Council, SDSU Envi-ronmental Stewardship and Sustainability Committee, and the SDSU Ecology Club. During this event, Bob Yapp provided three shorter seminars.
• Green DrinksGreen Drinks was an event sponsored by the Sustainability Com-mittee that was held at a local brewery. The BHPC participated several times to address preservation topics that were also linked to sustainability. The committee liaison for the Sustain-ability Committee confirmed the Green Drinks events are no longer occurring. The BHPC decided in 2019 that they wanted to focus more commission energy on the Mayor’s Awards, Walking Tours, and the Trolley Rides.
One-Time Events
• “Welcome to the Neighborhood” event for university students In order to create a stronger relationship between SDSU stu-dents living off-campus in the University Residential Historic District and residents of the District, a “Welcome to the Neigh-borhood” event was held once. This event created an opportu-nity for students and residents living in the same neighborhood to get to know one another, and to create a sense of community between the groups. This event was held once in the University Residential Historic District at the beginning of the academic year, and residents report that the relationship with students living in the neighborhood was more positive than in other years.
Educational Materials
• Walking Tour BrochuresThe Brookings BHPC created a series of walking tour brochures for residents and visitors to learn more about historic resources in Brookings. These brochures include: »Brookings Commercial Historic District Walking Tour »University Residential Historic District Walking Tour »Central Historic District and Urban Arboretum Walking TourThe primary way for people to access these brochures is through the hard copies. In the beginning of 2020, these bro-chures were made more accessible at City Hall. The Commercial Historic District brochure is also available on the Visit Brookings website.
• Educational Brochure“In 2015, the BHPC created an educational brochure that was distributed to property owners in historic districts in 2015, 2016, and 2017. The brochure was also occasionally sent to realtors and contractors. This brochure primarily notified
Historic Preservation Workshops
Summary
Impact
Brookings Historic Preservation Commission
In May 2014, the Brookings Historic
Preservation Commission brought in nationally-
recognized historic restoration expert Bob Yapp
to lead three day-long hands-on workshops on
wood repair, painting, and window restoration.
The HPC also partnered with the Brookings
Sustainability Council, SDSU Environmental
Stewardship and Sustainability Committee, and
the SDSU Ecology Club to provide three shorter
Bob Yapp seminars at the city’s annual
GreenFest event. Grant funds to the Brookings
Certified Local Government through the
Historic Preservation Fund (NPS) went towards
presenter fees, travel, marketing, equipment and
materials, and conference center rental.
The main goal of the project was to increase
public awareness and teach technical skills in
historic preservation. The 32 workshop
attendees and about 50 seminar attendees
included historic homeowners, home
contractors, professionals in related fields, and
commission members from other Certified
Local Governments.
“We all now know how to handle rot repair,
painting, and window restoration, but we also
have a sense of how Bob has developed and
focused his life's work, and understand what a
noble calling preservation work is.”
- John Erickson, Clay County HPC
“Bob Yapp presented down-to-earth advice and
personally researched product information, and
demonstrated professional techniques that
homeowners can really use…. He sent us home
feeling confident and energized!”
- Rolene Schliesman, SDSHS Board Member
SD SHPO, January 2014
Bob Yapp with attendees, re-glazing a historic window
Public poster to advertise the workshops
Bob Yapp leads a hands-on workshop during GreenFest in May 2014.
April 26 6:00 p.m.
Green Drinks
with the Brookings Sustainability Council
You are invited!
Wooden Legs Brewing Company
Ur052 9/17
Please join the Brookings
Sustainability Council to
hear Angela Boersma, AIA,
NCIDQ, LEED AP, principal
architect & interior designer
at ID8Architecture, discuss
sustainability and materials.
Sustainability through the
Lens of Historic Materials
The Commercial Historic District Walk-ing Tour brochure highlights structures throughout downtown with a sketch and historic information. The number next to each structure refers back to the district map that is also included in the brochure.
CITY HALL 310 Fourth Street
City Hall exemplifies the importance of government
in the central business district. It was constructed at a
cost of $25,000 in 1912.
Huron architect George Issenhuth designed this
building highlighted by a window framed by arched
brickwork and a decorative cornice line trimmed
with dentils and modillions featuring egg-and-dart
patterning. A canted entrance provided central access
and is the focus for the arcaded block concept with
Romanesque styling.
The government hall housed the Commercial Club,
city offices, and the fire and police departments. The
police and fire departments moved from the building
in the 1960s and administrative offices in 1982.
On the northeast corner, a decorative clock tower,
with a painted replica of a clock face, was removed
in the 1930s.
17
FIRST NATIONAL BANK 327 Main Avenue
Situated where pioneer banker Horace Fishback
located the towered First National Bank, this
property has always been recognized as the “Bank
Corner.” George Cobel was president of the bank
when the Beaux-Arts classically inspired structure
was constructed in 1919. The front of the building is
dominated by massive Ionic columns and an ornate
pedimented entrance. The brochure distributed at
its grand opening proclaimed: “Standing on the most
prominent corner in the city, its dignified appearance
claims your immediate attention, its granite and brick
walls give you a feeling of permanence, its massive
gray pillars an impression of stability and strength.
From its outward appearance you gain an impression
of confidence.”
19
Green Drinks flyer inviting community members to this event that the BHPC often participated in to present preser-vation topics as part of the agenda.
32 Brookings Historic Preservation Plan
anyone living in or working on a historic property that there were regulations to meet prior to beginning a project. During the time that the brochure was distributed, there were more consultations with city staff and the BHPC in advance of building permit applications. The brochure has not been sent in recent years, primarily because the shift of the BHPC support to the Community Development office has helped raise awareness among Building Permit and Code Enforcement staff who now help direct property owners of historic buildings to the City Planner prior to beginning a project. While it hasn’t been used in a few years, the educational brochure is available for distribu-tion if the BHPC feels it would be beneficial to notifying property owners and others working on or with historic properties about the regulations.”
• National Register PlaquesPlaques are provided for historic structures listed in the Na-tional Register of Historic places. These plaques are most often located near the front door of a residential or commercial prop-erty, but sometimes are located on a post on the sidewalk. Each plaque includes the name of the building, the year in which it was built, if it is part of a historic district, and the date on which it was placed on National Register of Historic Places. These plaques serve as an educational tool for residents and visitors.
Educational Component Analysis
Issues • Many creative and successful efforts have occurred to promote preservation throughout Brookings but sustaining these efforts long-term has been difficult.• Many SDSU students living off-campus in a historic district do not understand the history and the unique character of the dis-tricts, or how to properly care for a historic resource.• Not all events that could be held as an annual event, such as the “Welcome to the Neighborhood” event, are being hosted on an annual basis due to the lack of organizational leadership.• Some SDSU students do not understand the history of the com-munity within which they are living. • Property maintenance on many historic properties, especially rentals, is lacking, often due to the lack of information given to property owners regarding property upkeep.• Some National Register plaques on designated historic buildings are in disrepair, have gone missing or have not been distributed to property owners.• A lack of technical workshops for property owners hoping to repair windows, siding and other components of their historic structures makes it more difficult for them to find the informa-tion.
Opportunities• Continue hosting educational events such as the “Welcome to the Neighborhood” event for SDSU students and resident neigh-bors in the University Residential Historic District to get to know one another. In order to do so, an organization would need to take leadership of this. • Consider hosting the “Welcome to the Neighborhood” event in the Central Residential Historic District in addition to the
The current Yonward platform for the Commercial Historic District.
Did you know your property is
located in one of Brookings’
four historic districts? City of Brookings 520 3rd Street, Suite 140 Brookings, SD 57006 What is a
Historic District?
The �a�onal �egister of Historic �laces is the
o�cial list of the �a�on�s historic places
worthy of preserva�on.
Historic preserva�on is an important
component in maintaining a vibrant cultural
iden�ty. The Brookings Historic �reserva�on
Commission works in tandem with the State
Historic �reserva�on ��ce to ensure our
architectural treasures will live on for future
genera�ons.
Historic preserva�on plays an important role
in South Dakota’s economy through heritage
tourism, ta� and construc�on revenues, and
job crea�on�just to name a few.
Be proud that your property is part of what
makes Brookings amazing!
Brookings Historic �reserva�on Commission
520 Third Street, Suite 140
Brookings, SD 57006
(605) 692‐6629
A historic district is a concentra‐
�on of buildings, structures, sites,
or objects with shared local,
state, or na�onal historic signifi‐
cance for their associa�on with
important events, people, design,
or archaeological value. Districts
are o�en aesthe�cally linked or
share common elements in their
plan and physical development.
These cohesive elements o�en
include similar historic architec‐
tural styles: building setbacks,
forms, massing, height and
materials; views, drives and
walkways; and landscaping such
as tree lined streets. Historic
districts contain contribu�ng and
non‐contribu�ng resources. A
contribu�ng property adds to the
�uali�es that make the district
significant. Brookings’ four dis‐
tricts enhance the overall fabric
of our community. We encour‐
age you to plan renova�ons,
altera�ons and addi�ons that will
maintain the property itself and
the historic district as a whole.
An excerpt from the 2016 Educational Brochure alerts property owners that their property is in a National Register Historic District.
Existing Conditions Report 33
University Residential Historic District. As off-campus housing needs expand, this event may become applicable to both his-toric districts if students living off-campus begin living in both districts.• Consider a mailing or newsletter to SDSU students that live off-campus to provide information about the historic district within which they live, and to also serve as an informational tool regarding property maintenance, especially for heat and water during a long break.• While the Mayor’s Awards celebrate the best of preservation projects in Brookings, recognize smaller preservation projects by sending a short, personal note to the owners of other suc-cessful projects to recognize their hard work and the impor-tance of supporting preservation.• Translate the walking brochures into a variety of languages so international students and other visitors can learn more about historic resources in Brookings.• Expand the use of the Yonward app to Android devices, and include more walking tour information and information about other historic resources in Brookings. • Replace missing and refurbish existing National Register plaques to serve as an educational tool for pedestrians in Brook-ings.• Consider incorporating a tour of Brookings as part of a course requirement for SDSU students that highlights the history of the community, the architecture, important events, etc.• Consider creating a welcome packet for new property owners in the historic districts that includes information about the 11.1 review process, resources, and who to contact with questions about their property. If possible, this welcome packet could be delivered by an HPC member, preferably one that lives in the dis-trict as well. Also make this packet available at the Community Development office.• Explore hosting a series of technical workshops, such as the historic window re-glazing workshop in 2014, to assist property owners with appropriate maintenance of their historic struc-tures. • Consider resuming GreenDrinks annually to highlight the con-nection between historic preservation and sustainability. • Consider hosting realtor workshops, preferably in a historic property, to discuss how to advertise and sell a historic property.• Explore how to advertise historic properties that are for sale, as some potential homeowners seek out historic properties.• Consider publishing a list of contractors in the area that have completed work on a historic property that has been successful-ly reviewed and approved by the 11.1 review process. (Ensure that this is simply a listing and is not recommending contrac-tors.)• Digitize tri-fold with information about each historic district and send to property owners. This should also include information about when and how to contact the HPC and the SHPO regarding a project.
National Register plaques placed on or near historic resources identify historic districts and buildings within the districts.
Explore hosting a series of technical workshops. Here, community mem-bers learn how to tuckpoint.
34 Brookings Historic Preservation Plan
AdvocacyAdvocacy programs promote policies and plans that support his-toric preservation. This includes lobbying for zoning codes that are compatible with traditional development patterns in older neighbor-hoods and supporting adoption of new incentives to maintain historic structures. They also work to expand the base of preservation players and engage partners in collaborative preservation programs.Historic preservation efforts are often supported by private citizens and non-profit organizations in a community. In some cases, historic preservation is an organization’s primary mandate. Other organiza-tions focus on activities that are not directly related to preservation, but that do have a secondary relationship. Sometimes, these organi-zations provide opportunities for new partnerships.
Federal and State Preservation Partner Organizations
• National Alliance for Preservation CommissionsThe National Alliance for Preservation Commission (NAPC) was founded in 1983 in response to amendments to the National Historic Preservation Act of 1966. These amendments provide financial assistance to local governments that met requirements of the Certified Local Government (CLG) program, including the establishment of a local preservation ordinance and commis-sion. NAPC provides a forum for commissions to discuss mutual problems and to serve as a national voice representing the par-ticular needs of commissions. NAPC provides technical support and manages an information network to help local commissions accomplish their preservation objectives. Programs include a bi-ennial FORUM conference and Commission Assistance and Men-toring Program (CAMP®). NAPC also serves as an advocate at federal, state and local levels of government to promote policies and programs that support preservation commission efforts.
• South Dakota State Historical Society/State Historic Preservation
OfficeThe South Dakota State Historic Preservation Office (SHPO) manages the National Register of Historic Places program of the National Park Service (NPS) in South Dakota. The program sur-veys, inventories, and registers historical properties. The SHPO also monitors state, federal, and local government activities which affect cultural and historic resources; provide advice on preservation methods; promote public education on historical properties; and supports municipal and county historic preser-vation commissions to advance the state’s economic, social, and educational objectives.
»Certified Local GovernmentThe City of Brookings meets the requirements of a Certified Local Government (CLG) community, as outlined in the State Historic Preservation Office guidelines (as established by the National Park Service), and was certified as a CLG in 1985. These requirements include creating a historic preservation commission, adopting a preservation ordinance, agreement to participate in updating and expanding the state’s historic building inventory and agreeing to review and comment on National Register of Historic Places nominations of properties in Brookings, and the affirmation that the city will fulfill its obligation to enforce existing state preservation laws.
Existing Conditions Report 35
• National Trust for Historic PreservationThe National Trust for Historic Preservation is a privately funded non-profit preservation organization that was founded in 1949 by congressional charter to support the preservation of America’s diverse historic buildings, neighborhoods, and heritage through its programs, resources, and advocacy efforts. The National Trust aims to save America’s historic sites, tell the full American story, build stronger communities, and to invest in preservation’s future. The organization accomplishes these goals through a variety of programs including: »National Trust Historic Sites »Fund for Sacred Places »African American Cultural Heritage Action Fund »America’s 11 most Endangered Historic Places »Preservation Leadership Forum »PastForward National Preservation Conference
»Main Street AmericaThe National Main Street Center leads a movement committed to strengthening communities through preservation-based economic development in older and historic downtowns and neighborhood commercial districts. The National Main Street Center was established in 1980 as a program of the National Trust for Historic Preservation as a way to address the myriad issues facing older and historic downtowns. The BHPC is a member of Main Street America.
Local Partner Organizations
• Chamber of CommerceFounded in 1938, the Brookings Area Chamber of Commerce continues to be the leading business organization in the Brook-ings Area. With a mission of promoting, connecting, enriching and advocating for the Brookings area business community, they provide endless opportunities to help businesses succeed. Over 500 businesses are a member of the Chamber of Commerce.
• Downtown CommitteeThe Downtown Committee is part of the Chamber of Commerce, and is funded by the City. The BHPC has representation on the Downtown Committee. Currently, the Downtown Committee is working on a variety of programs to promote preservation directly or indirectly including: »An incentive to assist with preservation efforts including a revolving loan program to fund façade rehabilitation downtown »A “Hidden Gems Tour” to highlight properties in downtown Brookings with unique facts and features including notes on the walls, tiling, etc. This tour is not technical but meant to spark interest in the history of the community »Partnering with movie theaters to incorporate before and after photos in their lobbies »Organizing a “Throwback Thursday” social media post to highlight historic photos from the community »Walking campaign downtown to encourage people to park once and walk to different destinations downtown »Incorporating benches, public art, and plantings downtown to make walking more enjoyable
36 Brookings Historic Preservation Plan
»Highlighting alley-entry businesses and beautifying the alleys »Changing signs to say “Downtown Parking” instead of “72-hour parking” to ensure residents and visitors understand that there’s a place to park and frequent downtown Brookings
• Brookings Public Arts CommissionThe Brookings Public Arts Commission was established to de-velop a unified public art strategy for the City of Brookings and to oversee the Public Art Fund. The Commission also advises 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 pub-lic artwork. The Commission also guides and monitors design development, approves the final design prior to fabrication and approves the installation procedures and maintenance plan. The Commission’s bylaws and guidelines are included on the City’s webpage. The BHPC currently is represented on the Brookings Public Arts Commission.
• Brookings Convention and Visitors BureauThe Brookings Convention and Visitor’s Bureau (CVB) is com-mitted to assisting individuals, organizations, and meeting planners in the development of outstanding events. The organi-zation also promotes events and places throughout Brookings, including the historic walking tours.
• Brookings County History MuseumThe Brookings County History Museum is located in Volga and aims to lead in the collection and promotion of the history of Brookings County and the surrounding area in order to ensure the area’s history is preserved for the enrichment and benefit of present and future generations.
Advocacy Component Analysis
Issues • A non-profit preservation organization does not exist that is dedicated to promoting preservation and engaging the commu-nity.• Existing policies do not identify or provide a framework to involve groups and organizations that could assist with historic preservation efforts, even if their primary goals as an organiza-tion are not preservation related. • No formal mechanism exists for advocacy groups and other partner organizations to communicate roles and collaborate on programming efforts.• Minimal programs exist which target heritage tourists.• Homeowners associations to assist with informational resource distribution do not exist in the residential neighborhoods.
Existing Conditions Report 37
Opportunities• New partnerships with organizations and community members can be explored, and existing partnerships can be enhanced. Consider the following groups: »SDSU – establishing a relationship with faculty, student organizations and the Office for Off-Campus Housing; in addition to partnering with the University, consider hosting regular events and other programming to promote preservation »SDSU – International Student Center »SDSU – construction management and architecture students to provide project estimating and scheduling assistance »SDSU – geography and GIS students to help inventory and map historic properties, as well as digitize Sanborn maps »Tourism »Parks, Recreation, and Forestry Department »Brookings County Museum »Local events, such as Farmer’s Markets and Hayrides »Brookings School District – with teachers, students, and curriculum »Technical colleges in the area, such as Lake Area Technical Institute »Contractors, developers, and architects »Homeowners associations »Real estate agents »Local farmers »Bicycle organizations »Rental property owners and landlords »Local hotels to display historic photos of Brookings and provide walking tour brochures »Children’s Museum »Local hospitals and healthcare agencies for “healthy walks” »Pedal Pub (to design a route through a historic district) »Register of Deeds – when a historic property is purchased, the property owner would also receive an informational packet about the historic district, the HPC, the 11.1 review process, and other information they may need to know regarding historic resources in Brookings• Partner with organizations throughout Brookings that are host-ing events to which a preservation aspect can be added. This will help reach new audiences while being cognizant of the time and availability of BHPC members’ time.• Partner with tradespeople that can work on historic buildings, such as tuckpointers, to schedule a week or two in Brookings to work on a number of buildings. Property owners could sign up for a time slot ahead of time so the tradesperson knows exactly how long he/she will be working in town.
38 Brookings Historic Preservation Plan
AdministrationEffective administration is a critical part of a successful historic preservation program. It includes overall organization, the roles of various City departments, staffing, and the procedures that work to assure effective operation of the preservation program.
City of Brookings While the historic preservation program operated out of the City Clerk’s office for over thirty years, it is now part of the Communi-ty Development office. Many property owners have noted that this change has been appreciated as it streamlines the permit application process.
Brookings Historic Preservation CommissionThe Brookings Historic Preservation Commission (BHPC) was estab-lished and became part of the South Dakota Certified Local Govern-ment Program (CLG). Within their list of responsibilities, the BHPC administers historic preservation zoning, identifies and nominates properties to the National Register of Historic Places, and produces educational material regarding Brookings historic resources. Key to their list of responsibilities is the 11.1 review process, through which the BHPC provides review and comment, and may assist in the cre-ation of a Case Report, if requested by the SHPO. BHPC members are appointed by the mayor, with the advice and consent of the council, for three-year terms. The BHPC consists of seven to ten members, two of which must be professionals in the fields of history, architecture, archaeology, paleontology, urban planning or law. Where possible, property owners from each historic district should be considered for membership. The BHPC meets on the second Thursday of the month.
City StaffIn addition to the HPC, city staff are involved with management of the historic preservation program. Currently, the Community Devel-opment Director oversees the preservation program and one City Planner administers the preservation program details – staffing the BHPC meetings, collecting 11.1 permit applications, and compiling Case Reports to send to the SHPO, among other tasks. City staff is also responsible for compiling the Certified Local Government (CLG) grant application and annual report. The recent move of the preservation program into the Community Development office created a “one-stop shop” that, according to property owners, contractors and devel-opers, has been a much smoother and more effective process when submitting a permit application.
Administration Component Analysis
Issues • More preservation staff time is needed to administer the pro-gram. Currently, it lacks sufficient resources to oversee a com-prehensive preservation program, which will be even more true if additional historic resources are identified in the future.• Other City development and sustainability policies could be more sufficiently integrated with the preservation program.
Opportunities • Document and highlight successes of the program for the gener-al public, such as those that are noted in the annual CLG report that is submitted to the state.
Existing Conditions Report 39
CONCLUSION AND NEXT STEPSThe Brookings historic preservation program has been an important part of planning efforts in the community for the past 35 years. The designation of numerous resources to the National Register of Histor-ic Places, the myriad of educational outreach efforts to many commu-nity groups, and the efforts to partner with organizations that are not inherently preservation focused, but that work towards preservation goals from different directions, illustrate the efforts of the Brookings Historic Preservation Commission and City staff to ensure that pres-ervation remains at the forefront of community planning efforts. In addition to the successes of the program outlined above, many op-portunities remain for the historic preservation program to be made stronger. These ideas for future actions to improve the preservation program, and their effort to prioritize the actions, will be explored with staff and community members in Phases 2 and 3 of this update, should funding be awarded. The completion of this Existing Conditions Report indicates the conclusion of Phase 1 of the updated Historic Preservation Plan. The second and third phases of this effort rely on future CLG grant fund-ing from SHPO. If awarded, the second phase of the update will focus on identifying action items for each of the program components, which will be done in a community open house. The third phase of the project will focus on developing the plan, which will incorporate the information from this report, and the action items. The step of the final phase of the update will be to assist in the adoption hearings, including a presentation to City Council.
40 Brookings Historic Preservation Plan
Brookings Historic Preservation Commission
April 8, 2021 Minutes
A meeting of the Brookings Historic Preservation Commission was held on Thursday, April 8, 2021 in City
Hall. Members attending virtually: Jessica Garcia-Fritz, Janet Gritzner, Janet Merriman, Greg Heiberger,
and Jon Stauff. Tom Thaden arrived at 6:40 pm. Angie Boersma and Matthew Weiss were absent. Also
present Mike Struck, Community Development Director.
Excerpt of Minutes:
Item 4 d. Adoption of Brookings Historic Preservation Plan.
Motion by Merriman, seconded by Stauff to recommend adoption of the Brookings Historic Preservation
Plan. All present voted yes, motion carried.
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 21-028,Version:1
Action on Resolution 21-028, a Resolution authorizing the Modification of the Interest Rate on the
Certificates of Participation (Brookings Health System Project), Series 2013 and Certificate of
Participation (Brookings Health System Project), Series 2015B.
Summary:
Brookings Health System (BHS) is requesting the City of Brookings to adopt a refinancing resolution
that will result in a modification of the interest rates and payment schedule of the Series 2013 &
2015B Bonds. This modification will reduce debt service costs to Brookings Health System and save
approximately $2.2M in interest expense over the next 15 years.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
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City Council Agenda Memo
From: Jason Merkley / Melissa Wagner
Council Meeting: April 27, 2021
Subject: Action on Resolution 21-028 Authorizing the Modification of
the Interest Rate on the Certificates of Participation
(Brookings Health System Project), Series 2013 & Certificate
of Participation (Brookings Health System Project), Series
2015B
Person(s) Presenting: Jason Merkley / Melissa Wagner
Summary:
Brookings Health System (BHS) is requesting the City of Brookings to adopt a
refinancing resolution which will result in a modification of the interest rates and
payment schedule of the Series 2013 & 2015B Bonds. This modification will reduce
debt service costs to Brookings Health System and save approximately $2.2M in
interest expense over the next 15 years.
Background:
In late 2020, BHS and Tobin Morris (Colliers Securities) examined the global debt
service of BHS and then proposed to First Bank and Trust (FBT) and Dacotah Bank to
do a modification of the current debt. Given the current favorable interest rates and the
flexibility provided by FB&T / Dacotah Bank, terms and structure were agreed upon that
resulted in the savings.
Item Details:
The new rate and structure is estimated to deliver $2.2 Million in interest cost savings.
This savings is a direct result of lower interest rates and a shorter amortization. FB&T
and Dacotah are also providing flexible terms with regards to no prepayment penalty,
should BHS want to prepay any debt. The interest rates on the two outstanding debt
pieces will be fixed at 2.62% and 2.72% respectively to their amortizations.
Legal Consideration:
None. This resolution will authorize the City to proceed with the necessary steps to
refinance the bonds and to execute closing.
Strategic Plan Consideration:
Fiscal Responsibility – Reduce interest expense
Financial Consideration:
The City’s interest cost will be reduced by an estimated $2.2 Million in the next 8 years
which improves the City’s cash flow and capital structure. The estimated Net Present
Value of this savings is $1.075 Million.
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
1
RESOLUTION 21-028
AUTHORIZING THE MODIFICATION OF THE INTEREST RATE AND PAYMENT
SCHEDULE REGARDING THE LEASE AGREEMENT DATED JULY 19, 2013, THE
CERTIFICATES OF PARTICIPATION (CERTIFICATE OF PARTICIPATION (BROOKINGS
HEALTH SYSTEM PROJECT), SERIES 2013, THE LEASE AGREEMENT DATED
NOVEMBER 18, 2015, AND CERTIFICATES OF PARTICIPATION (BROOKINGS HEALTH
SYSTEM PROJECT), SERIES 2015B, AND AUTHORIZING THE EXECUTION OF SUCH
DOCUMENTS AS ARE NECESSARY TO CARRY OUT THE MODIFICATION.
WHEREAS, the City of Brookings (the “City”) is a duly organized South Dakota municipality
with the power to establish, construct, purchase, and maintain hospitals, medical clinics,
nursing facilities and homes for the aged (collectively the “Brookings Health System”); and
WHEREAS, the City has the power pursuant to SDCL Chapters 34-9 and 9-12 to lease and
lease-purchase real and personal property; and
WHEREAS, the City had a Lease-Purchase Agreement, dated as of October 1, 2012 and a
Lease- Purchase Agreement Date November 18, 2015 (collectively the “ Leases”) with First
Bank & Trust, Brookings, South Dakota, as Trustee;
WHEREAS, the Trustee has executed and delivered a Declaration of Trust, dated as of
October 1, 2012 and November 18, 2015 (the Trust Agreements), joined in by the City,
pursuant to which is has issued Certificates of Participation in the lease payments to be
made by the City under the Leases, Series 2013 and Series 2015 (collectively the
“Certificates”);
WHEREAS, the Hospital has negotiated a lowering of the interest rate on the Leases and
Certificates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BROOKINGS as follows:
Declaration of Necessity. The governing body of the City in accordance
SDCL §§ 6-8B-30 thorugh 6-8B-52, does hereby declare a necessity and in the best
interests of the City to modify the interest rate on the Certificates to be dated and effective
April 1, 2021, which will reduce the debt service costs.
Authorization and Approval of Transactions. Subject to the terms and
conditions set forth herein, the City hereby (i) authorizes or approving modification of the
interest rates on the Leases and Certificates; (ii) authorizes or approves the execution of
supplemental Trust Agreements for the purpose of issuing such modification of the
Certificates, and (iii) authorizing the execution of an amendment to the Leases to provide for
Lease Payments at least sufficient to pay amounts representing principal, premium, if any,
and interest with respect to the Certificates then to be Outstanding.
2
Approval of Documents and Legal Description. The Mayor, Finance Officer
and City Clerk (the “Authorized Officers”) are hereby authorized and empowered for and on
behalf of the City to approve and execute (i) the Certificates; (ii) the supplemental Trust
Agreements, and (iii) the amendment to the Leases.
Tax Matters. The City covenants and agrees with the registered owners from
time to time of the Leases and Certificates that it will not take or permit to be taken by any of
its officers, employees or agents any action which would cause the interest component or
interest on the Leases or Certificates to become includable in gross income for federal
income tax purposes under the Code and applicable Treasury Regulations (the
“Regulations”), and covenants to take any and all actions within its powers to ensure that the
basic interest on the Certificates will not become includable in gross income for federal
income tax purposes under the Code and the Regulations.
Miscellaneous. Each Authorized Officer and any other agent or employee of
the City is hereby authorized and empowered to take such other actions and execute and
deliver such other instruments and agreements, including appropriate tax certifications and
other closing certificates, as may be necessary or appropriate for the purposes of
consummating the transactions contemplated herein, the necessity therefor and the
appropriateness thereof to be evidenced conclusively by any such Authorized Officer's
taking any such action or executing and delivering any such instrument, agreement or
certificate and all actions taken heretofore and hereafter pursuant to the authority hereof are
hereby authorized, ratified and approved for and as the actions of the City.
Incontetability. Pursuant to SDCL 6-8B-30 thorugh 6-8B-52, the Leases and
Certficiates are incontestable for any reason after delivery for value.
Conflicting Resolutions Repealed. All resolutions or parts thereof in conflict
herewith are, to the extent of such conflict, hereby repealed.
Passed, Adopted, and Approved this 27th day of April, 2021.
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
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 21-0212,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 4/22/2021Page 1 of 1
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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 21-0211,Version:1
City of Brookings Progress Report.
Summary:
Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s
activities/projects.
Attachments:
Presentation
City of Brookings Printed on 4/22/2021Page 1 of 1
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Progress Report
April 2021
20th Street S. Interchange
•Project information available at
www.20thstinterchange.com
•Recent Updates
•Purchase offers are being presented to
property owners for ROW & easements
•Relocation offers are being made for the
relocation properties and tenants
•Plans are completed
•Next Steps
•Finalize ROW acquisition and relocation
negotiations: April-June
•Submit Phase 2 Grant Agreement to FHWA
•Certifications/ROW: June 2021
•Bid Project –Fall 2021
•Construction –2022 –2023
Jefferson Avenue Drainage Project
•Anticipated Start Date –early
May
•Completion Date –October 2021
•Both phases completed this year
•Project Scope
•Water Main
•Storm Sewer
•Curb & Gutter
•Ramps
•Storm water sump collection pilot project
Engage Brookings
Year-in-Review
•Launched in March 2020
•Review Period –March 2020 to March 2021
•Highlights
•775 total service requests
•646, or 83%, of those service requests were to
residents/members of the public (external)
•External service requests were acknowledged on average
in .75 days
•External service requests were closed on average in 3.81
days
Spring Clean-Up Update
Summer Recreation
•Registration available now
•Register Online
•605-692-2708
•register@cityofbrookings-sd.gov
•Spanish version coming
Bob Shelden
•Renovation Complete
•Ribbon Cutting –April 16
•Facility went into use that
evening
•Adult Team Challenge
•Individual and team activities
•Open to any fitness level
•Participate in as many or as few
activities as you want
•Teams of 10 to 25 members
•Register Online Today!
Community Games
Thank You, E-911
•National Public
Safety
Communications
Week
•April 11 –17
•E-911 Fun Facts
Social Media
Campaign
Take Cover
•Friends of the Library’s Grab Bag
Book Sale
•Sold 348 bags and raised nearly
$1,500
•Thanks to all who participated!
Library
Swiftel Center
•AAU Region Wrestling
Tournament
•March 13
•1,700 attendees
•Wildfire –Rumble in the Jungle
Cheer and Dance Competition
•March 27 and 28
•5,800 attendees