HomeMy WebLinkAbout2024_08_13 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"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 Chambers5:30 PMTuesday, August 13, 2024
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
5:30 PM JOINT CITY COUNCIL / COUNTY COMMISSION MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of City Council and County Commission Attendance.
3. Action to approve the agenda.
Action: Motion, Request Public Comment, Roll Call
4. JOINT CITY COUNCIL and COUNTY COMMISSION ACTION
Page 1 City of Brookings
August 13, 2024City Council Meeting Agenda
4.A.ORD 24-022 Public Hearing and Action on City of Brookings Ordinance 24-022 and
Brookings County Commission Ordinance 2024-06, an Ordinance to
Rezone Outlot J in the North West Quarter of the South East Quarter of
Section 11, Township 109, Range 50 West from a Joint Jurisdiction
Residence R-3A District to a Joint Jurisdiction Business B-3 Heavy District
(located at 3901 Main Avenue South, Brookings, SD).
Memo
Ordinance - City of Brookings
Ordinance - Brookings County Commission
Staff Report - Brookings County Zoning Office
Hearing Notice
Hearing Notice - Joint Planning Commission
Joint Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Legislative History
7/23/24 City Council read into the record
5. Adjourn the Joint City Council and County Commission portion of the agenda.
6:00 PM REGULAR MEETING
Will not begin this portion of the meeting prior to 6:00 p.m.
6. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
7. Consent Agenda:
Action: Motion, 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. At the request of any one
Council Member or the City Manager, an item may be removed from the Consent Agenda
and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the beginning
of the formal items.
Page 2 City of Brookings
August 13, 2024City Council Meeting Agenda
7.A.ID 24-0402 Action to approve City Council meeting minutes.
7/23/2024 CC MinutesAttachments:
7.B.ID 24-0359 Action on appointments to the Public Arts Commission.
Legislative History
7/23/24 City Council removed from the agenda
7.C.ID 24-0385 Action on an appointment to the Planning Commission.
7.D.ID 24-0389 Action on the 2025 City Council Meeting Calendar.
2025 CalendarAttachments:
7.E.RES 24-074 Action on Resolution 24-074, a Resolution Awarding the Bid for a 4,000
Gallon Water Truck
Memo
Resolution
Bid Specs
Attachments:
7.F.RES 24-071 Action on Resolution 24-071, a Resolution Authorizing Change Order #2
for the Pickleball Courts Project.
Memo
Resolution
Change Order #2
Attachments:
7.G.ID 24-0405 Action on Temporary Alcohol / Special Event Licenses for existing alcohol
license holders with events held on publicly owned property.
Memo
SDCL 35-4-124
Attachments:
8. Presentations/Reports:
8.A.ID 24-0365 Proclamation: A Day to Celebrate the Cultures of Our Community
ProclamationAttachments:
8.B.ID 24-0403 Reports: City Council Ex-Officio Reports
8.C.ID 24-0391 Presentation and Action on acceptance of Master Drainage Plan.
Memo
Executive Summary
Presentation
Attachments:
Action: Motion, Request Public Comment, Roll Call
Page 3 City of Brookings
August 13, 2024City Council Meeting Agenda
9. Contracts/Change Orders:
9.A.RES 24-077 Action on Resolution 24-077, a Resolution Awarding Bids on Project
2024-05STI Structure No. 06-160-152 Replacement.
Memo
Resolution
Map
Attachments:
Action: Motion, Request Public Comment, Roll Call
10. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
10.A.ORD 24-025 Introduction and First Reading on Ordinance 24-025, an Ordinance
Authorizing Budget Amendment No. 8 to the 2024 Budget. Second
Reading and Action: August 27, 2024.
Memo
Ordinance
Attachments:
10.B.ORD 24-026 Introduction and First Reading on Ordinance 24-026, an Ordinance
Amending Chapter 82 of the Code of Ordinances of the City of Brookings
and Pertaining to the Covering of Vehicle Loads in the City of Brookings.
Public Hearing and Action: August 27, 2024.
Memo
Ordinance - clean
Ordinance - marked
Attachments:
10.C.ORD 24-027 Introduction and First Reading on Ordinance 24-027, an Ordinance
Amending Articles I & II of Chapter 72 - Storm Drainage, of the Code of
Ordinances of the City of Brookings, South Dakota. Public Hearing and
Action: August 27, 2024.
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
Attachments:
11. Public Hearings and Second Readings:
Page 4 City of Brookings
August 13, 2024City Council Meeting Agenda
11.A.ORD 24-023 Public Hearing and Action on Ordinance 24-023, an Ordinance to Rezone
the East 151 feet of Block 1 in Northern Plains Addition from a Business
B-2A Office District to a Residence R-2 Two-Family District.
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Legislative History
7/23/24 City Council read into the record
11.B.ORD 24-024 Public Hearing and Action on Ordinance 24-024, an Ordinance to permit
by Conditional Use Permit townhouses on Blocks 3A and 4 in Northern
Plains Addition, City of Brookings, Brookings County, South Dakota.
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Application
Site Plan
Building Elevations
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Legislative History
7/23/24 City Council read into the record
12. Other Business:
Page 5 City of Brookings
August 13, 2024City Council Meeting Agenda
12.A.ID 24-0397 Action on a Revised Preliminary Plat for Blocks 1A, 3A and 4; in Northern
Plains Addition.
Memo
Revised Preliminary Plat
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Preliminary Plat - 2022
Location Map
Zoning Map
Future Land Use Map
Attachments:
Action: Motion, Request Public Comment, Roll Call
12.B.RES 24-072 Action on Resolution 24-072, a Resolution Approving Revised Policies of
the City of Brookings.
Memo
Resolution
Proposed Policies
Attachments:
Action: Motion, Request Public Comment, Roll Call
13. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
14. Executive Session
14.A.ID 24-0406 Executive Session, pursuant to SDCL 1-25-2.3, for the purpose of
consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
15. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Andrew Rasmussen
Brookings County Commission:
Brookings City Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
Page 6 City of Brookings
August 13, 2024City Council Meeting Agenda
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email
comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will
become part of the official record and subject to review by all parties and the public. The comments and views
expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City
of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City
ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 7 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 #:ORD 24-022,Version:2
Public Hearing and Action on City of Brookings Ordinance 24-022 and Brookings County
Commission Ordinance 2024-06, an Ordinance to Rezone Outlot J in the North West Quarter of the
South East Quarter of Section 11, Township 109, Range 50 West from a Joint Jurisdiction Residence
R-3A District to a Joint Jurisdiction Business B-3 Heavy District (located at 3901 Main Avenue South,
Brookings, SD).
Summary and Recommended Action:
Todd Voss has submitted a petition to rezone Outlot J in the NW ¼ SE ¼ of Section 11, Township
109, Range 50 West. The area is currently zoned Joint Jurisdiction Residence R-3A. The property
owner would like to rezone the property to Joint Jurisdiction Business B-3 Heavy District in
anticipation of a future commercial redevelopment of the lots. The Development Review Team
recommends approval and the Planning Commission voted 7 - 0 recommending approval of the
rezone.
Attachments:
Memo
Ordinance - City of Brookings
Ordinance - Brookings County Commission
Staff Report - Brookings County Zoning Office
Hearing Notice
Hearing Notice - Planning Commission
Joint Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 8/8/2024Page 1 of 1
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City Council Agenda Item Memo
From: Ryan Miller, City Planner
City Council Meeting: July 23, 2024 / August 13, 2024
Subject: City of Brookings Ordinance 24-022 AND Brookings County
Commission Ordinance 2024-06: Rezone Outlot J in the SE
¼ of Section 11, Township 109, Range 50 West, Brookings
County, South Dakota
Presenter: Mike Struck, Community Development Director
Summary:
Todd Voss has submitted a petition to rezone Outlot J in the SE ¼ of Section 11,
Township 109, Range 50 West. The area is currently zoned Joint Jurisdiction
Residence R-3A. The property owner would like to rezone the property to Joint
Jurisdiction Business B-3 Heavy District in anticipation of a future commercial
redevelopment of the lots. The Development Review Team recommends approval and
the Planning Commission voted 7 - 0 recommending approval of the rezone.
Item Details:
The property owner recently submitted a request to amend the Future Land Use Map of
the City’s 2040 Comprehensive Plan. The request amended the Future Land Use Map
to Urban Medium Intensity, a future land use category which supports a mix of
residential and business uses, including high density residential and business. The
applicant requested the amendment of the Future Land Use Map in anticipation of a
subsequent rezoning petition to Business B-3 Heavy District.
The request is to rezone the property from Joint Jurisdiction R-3A to Joint Jurisdiction
Business B-3 Heavy District. Adjacent zoning includes JJ B-3 Heavy District to the
south and west, JJ Agriculture to the north, and JJ R-3A Multifamily Residential to the
east. The area is located within a roughly half-mile stretch of JJ B-3 Zoning along Main
Avenue South. Joint Jurisdiction B-3 Zoning would be administered by the City of
Brookings and development will need to meet City standards, including B-3 Zoning and
supplemental zoning standards.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – the rezone will support future commercial development.
Financial Consideration:
None.
Supporting Documentation:
Ordinance – City of Brookings
Ordinance – Brookings County Commission
Staff Report – Brookings County Zoning Office
Hearing Notice
Hearing Notice – Planning Commission
Joint Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
ORDINANCE 24-022
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE JOINT JURISDICTIONAL
AREA SURROUNDING THE CITY OF BROOKINGS
BE IT ORDAINED by the City of Brookings, South Dakota:
SECTION 1. That the real estate situated in the Joint Jurisdictional Area surrounding the
City of Brookings, County of Brookings, State of South Dakota, described as follows, to-
wit:
Outlot J in the North West Quarter of the South-East Quarter of Section 11,
Township 109, Range 50 West, Brookings County, South Dakota from a Joint
Jurisdiction Business R-3A Multiple-Family and Mobile Home District to a Business
B-3 Heavy District.
In accordance with Section 4.04.01 of Article IV of the Brookings Joint Jurisdiction
Ordinance, Brookings South Dakota, as said districts are more fully set forth and described
in Article III of Ordinance No. 22-037 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. 22-
037 of the City of Brookings, South Dakota.
SECTION 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: July 23, 2024
SECOND READING AND ADOPTION: August 13, 2024
PUBLISHED: August 16, 2024
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
Ordinance 2024 – 06
An Ordinance Authorizing Rezoning of “OL J in the NW1/4 SE1/4 of Sec 11, T109N,
R50W (Medary Township)”
WHEREAS, VK Properties LLC by Todd Voss made an application to the Brookings
County Zoning Board to rezone property from Joint Jurisdiction R-3A (Multiple-Family & Mobile
Home) District to Joint Jurisdiction B-3 (Business: Heavy) District;
WHEREAS, the Brookings County Planning Commission recommended approval to
rezone the property on July 2, 2024;
WHEREAS, SDCL 11-2-30 requires the Brookings County Commission to adopt or
reject the change;
THEREFORE, BE IT ORDAINED, BY THE BROOKINGS COUNTY COMMISSION,
BROOKINGS COUNTY, SOUTH DAKOTA, in accordance with Chapter 4.04 Zoning
Amendments, of the Joint Zoning Ordinance for Brookings County and the City of Brookings,
that the following property be rezoned from “Joint Jurisdiction R-3A (Multiple-Family &
Mobile Home) District” to “B-3 (Business: Heavy) District.
“OL J in the NW1/4 SE1/4 of Sec 11, T109N, R50W (Medary Township)”
Dated this 13th day of August 2024.
BOARD OF COMMISSIONERS
By: ______________________________
Larry Jensen, Chairperson
Brookings County Commission
First Reading: July 16, 2024
Second Reading: August 13, 2024
Adopted: August 13, 2024
Publication Date: August 22, 2024
Effective Date: September 12, 2024 ATTEST:
___________________________
Lori Schultz
Brookings Finance Officer
2024rz002
Staff Report
July 2, 2024
Page 1 of 2
BROOKINGS COUNTY DEVELOPMENT
Brookings City & County Government Center
520 3rd Street, Suite 110
BROOKINGS, SOUTH DAKOTA 57006
(605)-696-8350
E-Mail: zoning@brookingscountysd.gov
Brookings County Commission
July 16, 2024, County Commission meeting.
August 13, 2024, County Commission and Brookings City Council, joint meeting.
July 3, 2024: The Brookings County Planning Commission met jointly with the Brookings City Planning
Commission on Tuesday, July 2, 2024, for the rezoning application from VK Properties LLC by Todd Voss,
located in the Joint Jurisdiction area. The Brookings County Planning Commission and City of Brookings
Planning Commission both voted unanimously to recommend approval of the Joint Jurisdiction rezoning
request. The rezoning request will be forwarded to Brookings County Commission and Brookings City
Council by the respective Commission’s for final approval or denial. The rezoning request must be
passed by both entities to be approved.
Joint Jurisdiction - Brookings County Planning and Zoning Commission- Joint Meeting
with City of Brookings Planning Commission.
July 2, 2024 – 8:00 PM meeting
2024jjrz002 – July 2, 2024
Prepared by Richard Haugen
Brookings County Development, Deputy Director
Applicant/Owner: VK Properties LLC by Todd Voss, 326 6th St W, Brookings, SD 57006
Site: 3901 Main Ave S, Brookings, SD 57006
Legal Description: “OL J in the NW1/4 SE1/4 of Sec 11, T109N, R50W (Medary Township)” ~~ located at
3901 Main Ave S, Brookings, SD 57006.
2024jjrz002: VK Properties LLC by Todd Voss has applied for rezoning of property in the
Brookings City/Brookings County Joint Jurisdiction Area from its current zoning of Joint
Jurisdiction R-3A (Multiple-Family & Mobile Home) District to Joint Jurisdiction B-3(Heavy
Business) District. The proposed area was a former mobile home park and has been renovated
with the removal of buildings and trees. The property is located at 3901 Main Ave S and was
platted on June 10, 1968.
The Brookings County Development Office has review ed the rezoning request and has
no objections to the request, providing it meets the requirements of the Brookings City
2024rz002
Staff Report
July 2, 2024
Page 2 of 2
Community Development Office. Brooking’s Community Development, City Planner, Ryan
Miller’s report is included as a separate attachment.
The rezoning request will be heard at a joint meeting of the Brookings County Planning
and Zoning Commission and the City of Brookings Planning and Zoning Commission as the
property is located in the Joint Jurisdiction Area. The decision made by the Joint Planning
Commission’s is a recommendation to Brookings County Commission and the Brookings City
Council for the final decision of the rezoning request to be heard at a public hearing at a later
date to be decided.
Public notices were published in the Brookings Register on June 18 and 25, 2024. The
applicant notified abutting landowners by certified mail of the proposed rezoning request at
least 14 days prior to the public hearing.
Letters were sent to the Medary Township Chairman and Clerk, Brookings County
Highway Department.
Looking east down driveway
on northside of the property.
Looking south along Main
Ave S from north driveway.
2024jjrz002 – VK Properties
LLC by Todd Voss
Looking north along Main
Ave S from north driveway.
Area to be rezoned (Outlot “J”)
from R-3A to B-3. Looking south
from northside of property.
Gravel service road
running north &
south on property.
Area to be rezoned (Outlot “J”) from R-3A to B-3.
Looking north from south side of property. Service
road
Looking east down 40th St S on
south side of property, from Main
Ave S.
Looking south along Main Ave S from
40th St S on the south side of property.
Looking north along Main Ave S from 40th St S .
NOTICE OF PUBLIC HEARING
Ordinance 24-022
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 5:30 p.m., CST, Tuesday, August 13, 2024, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 24-022, an Ordinance to
Change the Zoning Within the Joint Jurisdictional Area Surrounding the City of
Brookings. At which time and place all persons interested will be given a full, fair and
complete hearing thereon. Dated in Brookings, South Dakota, this 26th day of July,
2024.
CITY OF BROOKINGS, SD
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
PUBLIC NOTICE
VK Properties LLC by Todd Voss has made an application, 2024jjrz002, to the
Brookings County Planning Commission for property to be re-zoned from Ag & Joint
Jurisdiction R-3A (Multiple-Family & Mobile Home) District to the Joint Jurisdiction B-3
(Business: Heavy) District. The property is described as: “OL J in the NW1/4 SE1/4 of Sec
11, T109N, R50W (Medary Township)” ~~ located at 3901 Main Ave S, Brookings, SD
57006.
The request, 2024jjrz002, will be heard at a joint public hearing with the Brookings
County Planning & Zoning Commission and the Brookings City Planning Commission in
the Brookings City & County Government Center, 310 Chambers, 520 3rd St, Brookings,
SD 57006 on Tuesday, July 2, 2024, at 8:00 PM. Any action taken by the City of Brookings
Planning Commission and Brookings County Planning & Zoning Commission serves as a
recommendation to the Brookings City Council and Brookings County Commission.
Any person interested may attend and be heard at this time.
The application and other associated written materials are available for public
review at www.brookingscountysd.gov/agendacenter on Monday, June 24, 2024. Written
comments may be filed with the Zoning Officer at 520 3rd St, Ste 110, Brookings, SD 57006
or by emailing: countydevelopment@brookingscountysd.gov on or before noon on Friday,
June 28, 2024. No materials will be placed on the website address after 5 PM on Friday,
June 28, 2024.
Robert W. Hill
Brookings County
Development Director
Published 2x at the total approximate cost of _________.
Publication Info:
Email on June 13/14, 2024
To be published as follows:
Brookings Register on June 18 & 25, 2024
City & County Joint Planning Commission
Brookings, South Dakota
July 2, 2024
OFFICIAL MINUTES
County Chairperson Chad Ford and City Chairperson Tanner Aiken called the meeting of the City &
County Planning Commission to order on Tuesday, July 2, 2024 at 7:00 p.m. in the Chambers Room
#310 on the third floor of the City & County Government Center. City members present were Tanner
Aiken, Kyle Jamison, Scot Leddy, Jacob Limmer, Roger Solum and Debra Spear. Richard Smith and
Nick Schmeichel were absent.
County members present were Commissioner Randy Jensen, Roger Erickson Neil Trooien, Dale
Storhaug. Kyle Vanderwal. Spencar Diedrich, Darrel Kleinjan, Tim Paulsen, Mike Bartly, Alternate
Chad Ford, Kelly VanderWal, Mark Jorenby, Luke Moeller First District Association of Local
Government was present by phone.
Also present were City Planner Ryan Miller, Community Development Director Mike Struck, County
Development Deputy Director/Emergency Manager Robert Hill, Deputy Director Richard Haugen,
Senior Planner from First District Association of Local Governments Luke Muller, Keith Poppen, Nick
Gerjets, and Shawn Bircham.
Item #1 – Roll Call
Item #2 –Approval of Minutes
(Deidrich/VanderWal) Motion by the County Planning Commission to approve the April 2, 2024
minutes. All present voted aye. MOTION CARRIED.
(Solum/Spear) Motion by the City Planning Commission to approve the April 2, 2024 minutes. All
present voted aye. MOTION CARRIED.
Item #3 –Approval of Agenda
(VanderWal/Diedrich) Motion by the County Planning Commission to approve the agenda. All
present voted aye. MOTION CARRIED.
(Spear/Solum) Motion by the City Planning Commission to approve the agenda. All present voted
aye. MOTION CARRIED.
Item #4a – Todd Voss has submitted a petition to rezone Outlot J in the SE ¼ of Section 11, Township
109, Range 50 West. The area is currently zoned Joint Jurisdiction Residence R-3A. The property
owner would like to rezone the property to Joint Jurisdiction Business B-3 Heavy District in
anticipation of a future commercial redevelopment of the lot. The property owner recently submitted a
request to amend the future land use map of the City’s 2040 Comprehensive Plan. The request
amended the future land use map to Urban Medium Intensity, a future land use category that supports a
mix of residential and business uses including high density residential and business. The applicant
requested the amendment of the future land use map in anticipation of a subsequent rezoning petition
to Business B-3 Heavy District. The request is to rezone the property from Joint Jurisdiction R-3A to
Joint Jurisdiction Business B-3 Heavy District.
(Diedrich/Trooien) Motion by the County Planning Commission to approve the rezone request. All
present voted aye. MOTION CARRIED.
(Solem/Jamison) Motion by the City Planning Commission to approve the rezone request. All present
voted aye. MOTION CARRIED.
Item #5 – Adjourn
(Bartley/Diedrich) Motion by the County Planning Commission to adjourn. All present voted aye.
MOTION CARRIED.
(Solem/Jamison) Motion by the City Planning Commission to adjourn. All present voted aye.
MOTION CARRIED.
The meeting was adjourned at 8:10 p.m.
_____________________ _________________________________
Ryan Miller, City Planner Tanner Aiken, Chairperson
City and County Joint Planning Commission
Brookings, South Dakota
April 2, 2024
OFFICIAL SUMMARY
County Chairperson Chad Ford and City Chairperson Tanner Aiken called the meeting of the City &
County Planning Commission to order on Tuesday, April 2, 2024 at 8:00 p.m. in the Chambers Room
#310 on the third floor of the City & County Government Center. City members present were Kyle
Jamison, Scot Leddy, Jacob Limmers, Jacob Mills, Nick Schmeichel via telephone, Debra Spear,
Roger Solum, and Aiken. Absent was Richard Smith.
County members present were Commissioner Kelly VanderWal, Tim Paulsen, Darrel Kleinjan,
Spencar Diedrich, Kyle Vanderwal, Neil Trooien, Mark Jorenby, Randy Jensen, Alternate Roger
Erickson and Ford. Absent was Dale Storhaug.
Also present were City Planner Ryan Miller, Community Development Director Mike Struck, County
Development Deputy Director/Emergency Manager Robert Hill, Deputy Director Richard Haugen,
Senior Planner from First District Association of Local Governments Luke Muller, Keith Poppen, Nick
Gerjets, and Shawn Bircham.
Item #4a – This property is currently zoned Joint Jurisdiction Agriculture (JJA) and JJ-R3A to JJ
Business B-3 Heavy District. Miller explained that the city recently reclassified this area to Urban
Medium Intensity. Surrounding zoning districts include JJ B-3, JJ R-3A and JJ Ag. There is a
residential dwelling that will become a nonconforming use.
Nick Gerjets – 3714 Main Ave S is in support of the request.
Bircham – 507 36th St S is concerned about driveway access to this development. She explained that
their road is not maintained by the County and she is concerned that this development will bring
additional traffic on this private road.
Struck explained that at this time the road is not maintained by the City of Brookings and the property
owners would have to work out a plan for road maintenance. If in the future this road was part of the
city, there would be access requirements to meet per city code. With Main Avenue being an arterial
street, there will be limited access onto Main Avenue.
The meeting was adjourned at 8:13p.m.
______________________ __________________________
Ryan Miller, City Planner Tanner Aiken, Chairperson
Location Map
6/12/2024
0 0.07 0.140.04 mi
0 0.1 0.20.05 km
1:5,768
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 24-0402,Version:1
Action to approve City Council meeting minutes.
Attachments:
07/23/2024 City Council Minutes
City of Brookings Printed on 8/7/2024Page 1 of 1
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BROOKINGS CITY COUNCIL
July 23, 2024 (unapproved)
The Brookings City Council held a meeting on Tuesday, July 23, 2024 at 6:00 PM, at
the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery,
Brianna Doran, Andrew Rasmussen, Bonny Specker, Holly Tilton Byrne, and Nick
Wendell. Absent: City Attorney Steve Britzman. City Manager Paul Briseno, and City
Clerk Bonnie Foster were also present.
Agenda. A motion was made by Mayor Niemeyer, seconded by Council Member Tilton
Byrne, to amend the agenda and remove Item #5B, Public Arts Commission
appointments, and Item #8D, First Reading and Introduction of Ordinance 24-020, from
tonight's agenda. The motion carried by the following vote: Yes: 7 - Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Doran, that the agenda be approved, as amended. The motion carried by the following
vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Open Forum. Heidi Gullickson, United Way Executive Director, invited the City Council
and public to the Brookings Early Learners Community Planning event on August 21st,
from 8:00 - 11:00 am at Mickelson Middle School.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
A. Action to approve the July 9, 2024 City Council Minutes.
C. Action on City Council Ex-Officio Appointments to SDSU Student Association:
Council Member Andrew Rasmussen and Council Member Brianna Doran, for 1-year
terms (terms expire June 1, 2025).
D. Action to abate property taxes in the amount of $1,973.88 for Parcel #40114-
00500-005-00. Address: 104 Helen Circle, Brookings. Legal description: Lot 5,
Block 5, Christie Heights Addition.
E. Action on Resolution 24-070, a Resolution declaring surplus property for the
City of Brookings.
RESOLUTION 24-070 - 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.: 3 metal file cabinets.
WHEREAS, in the best financial interest, it is the desire of the City of Brookings to
dispose of as surplus property; and
WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus
property.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings,
SD, that this property be declared surplus property according to SDCL Chapter 6-13.
Proclamation: Americans with Disabilities Act 34 th Anniversary. Mayor Niemeyer
presented a Proclamation to Matt Weiss, Brookings Disabilities Awareness Committee
member, recognizing the 34th Anniversary of the Americans with Disabilities Act.
MAYORAL PROCLAMATION
WHEREAS, the Americans with Disabilities Act (ADA) was passed on July 26, 1990, as
the first comprehensive declaration of equality f or people with disabilities and protects
rights in all aspects of employment, in accessing public services, and guaranteeing
access to private establishments; and
WHEREAS, the goals of the community aligns with providing people with disabilities
with the opportunities and support to achieve full integration and inclusion in society, in
an individualized manner; and
WHEREAS, disability is a natural part of the human experience that does not diminish
the right to enjoy the opportunity to live independently, enjoy self -determination, make
choices, contribute to society, and experience full integration and inclusion with
necessary services and supports.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim July 26, 2024 as Americans with Disabilities Act 34th
Anniversary Day, and call upon the people of Brookings to:
1. Recognize and celebrate the progress that has been made by reaffirming the
principals of equality and inclusion and recommitting our efforts to reach full ADA
compliance for people with disabilities in the City of Brookings.
2. Continue advocating for full inclusion and equity of individuals with disabilities in
all aspects of society.
Report: 2023 Annual Comprehensive Financial Report and Audit Summary. Brian
Stavenger, CPA partner with Eide Bailly, presented the City's 2023 Annual
Comprehensive Financial Report.
Resolution 24-022. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 24-022, a Resolution Authorizing an Energy
Savings Performance Contract with Ameresco, be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
RESOLUTION 24-022 - A RESOLUTION APPROVING AN ENERGY SAVINGS
PERFORMANCE CONTRACT WITH AMERESCO
WHEREAS, the City of Brookings, in conjunction with Ameresco, a national energy
solution company, have completed an investment grade energy audit of City of
Brookings buildings and facilities; and
WHEREAS, Ameresco provides energy savings performance services pursuant to
contracts with facility owners, wherein the contractor identifies, designs and installs
energy conservation measures which are structured so the costs of these energy cost
conservation measures are recovered from energy cost savings those energy
conservation measures create; and
WHEREAS, the City of Brookings has developed a project which, through the
implementation of energy savings conservation measures, together with facility
improvement measures, will provide energy savings, capital equipment upgrades and
will improve the maintenance of existing facilities and reduced energy use and costs;
and
WHEREAS, this Resolution authorizes the City Manager to sign the documentation
required to enter into an energy savings performance contract with Ameresco. The
Contract with Ameresco is entered into through the Interlocal Purchasing System
(TIPS), and the estimated cost of the contract for comprehensive energy conservation
measures is $3,356, 000, with the recovery of this cost guaranteed by Ameresco
through long-term energy and conservation savings.
NOW, THEREFORE, BE IT RESOLVED that an energy savings performance contract
with Ameresco through The Interlocal Purchasing System (TIPS) Contract #220104 in
the amount of $3,356,000 is hereby approved, and the City Manager and City Clerk are
authorized to sign the documents required to execute this Energy Savings Performance
Contract.
FIRST READING – Ordinance 24-022. Introduction and First Reading was held on
Ordinance 24-022, an Ordinance to Rezone Outlot J in the South East Quarter of
Section 11, Township 109, Range 50 West from a Joint Jurisdiction Residence R-3A
District to a Joint Jurisdiction Business B-3 Heavy District. Public Hearing and Action:
August 13, 2024.
FIRST READING – Ordinance 24-023. Introduction and First Reading was held on
Ordinance 24-023, an Ordinance to Rezone the East 151 feet of Block 1 in Northern
Plains Addition from a Business B-2A Office District to a Residence R-2 Two-Family
District. Public Comment: Jason Flaskey, Ron Stee, and Kyle Rausch. Public Hearing
and Action: August 13, 2024.
FIRST READING – Ordinance 24-024. Introduction and First Reading was held on
Ordinance 24-024, an Ordinance to permit by Conditional Use Permit townhouses on
Blocks 3A and 4 in Northern Plains Addition, City of Brookings, Brookings County,
South Dakota. Public Comment: Jason Flaskey. Public Hearing and Action: August
13, 2024.
Ordinance 24-010. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Ordinance 24-010, an Ordinance granting a Franchise to
Interstate Telecommunications Cooperative, Inc., to construct, operate, and maintain a
Cable Television System in the City of Brookings, South Dakota, setting forth conditions
accompanying the grant of the Franchise; providing for regulation and use of the
system; and prescribing penalties for the violation of its provisions, be approved. Public
Comment: Ryan Taylor, Attorney with Cutler Law Firm, and Tracy Bandemer, Interstate
Telecommunications Cooperative, Inc. General Manager. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
Ordinance 24-021. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Ordinance 24-021, an Ordinance Authorizing Budget
Amendment No. 7 to the 2024 Budget. The motion carried by the following vote: Yes: 7
- Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Special Event Alcoholic Beverage Application. A public hearing was held on a
Temporary / Special Event Alcoholic Beverage Application from Main Street Pub, to
operate within the City of Brookings, South Dakota for a “Tini Bit Left of Summer” event
to be held on July 26th at The Socialight, 420 Main Avenue. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Doran, that the Special
Event Alcoholic Beverage Application be approved. The motion carried by the following
vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Resolution 24-067. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 24-067, a Resolution Relating to the
Improvement of Drinking Water Facilities: Authorizing and Directing the Issuance and
Sale of Revenue Bond to Pay the Cost of Said Improvements; Defining the Terms and
Manner of Payment of the Bond and the Security Thereof and Approving the Form of
Loan Agreement, be approved. Public Comment: Eric Witt, BMU Water / Wastewater
and Engineering Manager. The motion carried by the following vote: Yes: 7 - Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-067 - RESOLUTION RELATING TO THE IMPROVEMENT OF
DRINKING WATER FACILITIES; AUTHORIZING AND DIRECTING THE ISSUANCE
AND SALE OF A REVENUE BOND TO PAY THE COST OF SAID IMPROVEMENTS;
DEFINING THE TERMS AND MANNER OF PAYMENT OF THE BOND AND THE
SECURITY THEREOF AND APPROVING THE FORM OF LOAN AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, SOUTH
DAKOTA, AS FOLLOWS:
SECTION 1. AUTHORIZATION AND FINDINGS.
1.01. The City of Brookings, South Dakota (the “Issuer”), operating through Brookings
Municipal Utility (“BMU”) currently operates a water distribution system to supply
municipal, industrial and domestic water to its inhabitants (the “Utility”), for
municipal, industrial and domestic purposes.
1.02. The Issuer is authorized to borrow money and issue its revenue bonds under
South Dakota Codified Laws, Chapters 9-40 (the “Act”) and 6-8B, in order to
finance all or a portion of the cost of improvements to the Utility, consisting of the
construction of a new 6 MGD lime softening water treatment facility along 34th
Avenue (the “Treatment Facility”) which will have the East Well Field and the
North Well Field deliver raw water to the Treatment Facility. A total of 28,500
feet of new 16-inch raw water line will be constructed along with 19,890 feet of
new 16-inch finished water line and six new municipal wells with 17,400 feet of
new 20-inch transmission main (all such financed projects, the “Improvements”).
The Issuer is authorized to issue its obligations in order to defray the cost
thereof, and to make all pledges, covenants and agreements authorized by law
for the protection of the holders of the obligations, including, without limitation,
those covenants set forth in SDCL, Sections 9-40-16 and 9-40-17. The
obligations are payable from the Net Revenues of the Improvements, as defined
in 2.04 hereof. Pursuant to a resolution adopted September 13, 2022 (the “Prior
Bond Resolution”), the Issuer issued a single revenue bond in the principal
amount of $50,963,200 (the “Prior Bond”) to finance the Improvements, but
market conditions have significantly increased the cost of the Improvements.
Therefore, the Issuer finds it necessary to issue an additional revenue bond (the
“Bond”; together with the Prior Bond, the “Parity Bonds”) in the principal amount
of not more than $40,700,000.
1.03. Pursuant to the terms of the Prior Bond Resolution and Loan Agreement with
respect to the Prior Bond governing issuance of additional bonds, BMU will raise
rates to ensure that, beginning within 12 months and continuing for each fiscal
year that any Parity Debt remains outstanding, the amount of Project Income will
be at least 110% of the amount of Project Debt. Additionally, BMU will provide to
the South Dakota Conservancy District (the “District”) a Consultant’s written
forecast showing that for such 12 months both (1) Project Income will equal at
least 100% of Project Debt Service and (2) assuming that the expansion was
complete and placed in service on the date of the forecast and all other
conditions expected to be in effect on the expected date of completion were in
effect on the date of the forecast, Project Income would equal at least 110% of
Project Debt Service on the Parity Bonds. BMU has, by resolution, covenanted
and agreed to adopt and maintain special rates or surcharges for the
improvements, in order to produce revenues to be pledged, segregated and used
for the operation and maintenance of the Improvements and payment of the Parity
Bonds. Capitalized terms used in this Section 1.03 but not defined herein shall
have the meanings given such terms in the Prior Bond Resolution and Loan
Agreement with respect to the Prior Bond.
1.04. The execution and delivery of the Revenue Obligation Loan Agreement for the
Bond between the District and the Issuer (the “Loan Agreement”), the form of
which has been submitted to this Council, and the pledging of the loan payments
thereunder for the security of the State Revolving Fund revenue bonds of the
Issuer and the interest and administrative fee thereon shall be, and they are, in
all respects, hereby authorized, approved and confirmed, and the Mayor and City
Clerk are hereby authorized and directed to execute and deliver the Loan
Agreement in the form and content submitted to this Council, with such changes
that are not substantive as the Attorney for the Issuer deems appropriate and
approves, for and on behalf of the Issuer. The Mayor and City Clerk are hereby
further authorized and directed to implement and perform the covenants and
obligations of the Issuer as set forth in or required by the Loan Agreement.
1.05. The issuance of the Bond is hereby authorized, approved and confirmed, and the
Mayor, City Clerk and other appropriate officials of the Issuer shall be authorized
to execute and deliver the Bond to the District, for and on behalf of the Issuer,
upon receipt of the purchase price and to deposit the proceeds thereof in the
manner provided for in the Loan Agreement. The Mayor and City Clerk are
hereby authorized to approve the final terms of the Bond, and their execution and
delivery of the Bond shall evidence such approval. The terms of the Bond, as so
executed and delivered, shall be deemed to be incorporated herein by reference.
1.06. The Issuer hereby determines that because the Bond is issued in connection with
a financing agreement described in SDCL 46A-1-49, pursuant to SDCL 9-40-15,
no election is required to issue the Bond.
SECTION 2. FUNDS AND ACCOUNTS.
For the purpose of application and proper allocation of the income of the Improvements
and to secure the payment of principal of and interest on the Parity Bonds, the following
funds and accounts shall be used solely for the following respective purposes until
payment in full of the principal of and interest on the Parity Bonds:
2.01. Pledge of Net Revenues of the Improvements. The Net Revenues of the
Improvements shall be pledged and appropriated to the payment of the Parity
Bonds as set forth in the resolution adopted by BMU.
2.02. Water Utility Fund; Bond Proceeds and Revenues Pledged and Appropriated. A
fund designated as the Water Utility Fund (the “Fund”) has been established and
shall be maintained as a separate and special bookkeeping account on the
official books of the Issuer until the Parity Bonds and any additional bonds
payable from the Net Revenues of the Improvements, as provided in Sections
3.02 through 3.04 hereof and interest, Administrative Expense Surcharge and
redemption premiums due thereon have been fully paid, or the Issuer’s
obligations with reference to the Parity Bonds have been discharged as provided
in this resolution. All proceeds of the Parity Bonds and all other funds hereafter
received or appropriated for purposes of the Improvements are appropriated to
the Fund. All gross revenues derived from the operation of the Improvements
are irrevocably pledged and appropriated and shall be credited to the Fund as
received. As described in Section 3.04 hereof, BMU shall impose a separa te
surcharge for the availability, benefit and use of the Improvements as part of the
Utility and shall aggregate the gross revenues derived from such surcharge and
the Improvements, together with the expenses of operation and maintenance of
the Improvements and shall account for them as provided in this Resolution;
except as expressly stated in this Resolution, the pledges, appropriations,
covenants and agreements of the City and the Accounts established within the
Fund by the Resolution apply only to the Improvements, its operations, revenues
and expenses. The City finds that acquisition and construction of the
Improvements will benefit all present and future users of the Utility, therefore the
surcharge described in Section 3.04 shall be imposed on all current and future
users of the Utility. Such gross revenues shall include all gross income and
receipts from rates and charges imposed for the availability, benefit and use of
the Improvements as now constituted and of all replacements and improvements
thereof and additions thereto, and from penalties and interest thereon, and from
any sales of property acquired for the Improvements and all income received
from the investment of such gross revenues; but not any taxes levied or amounts
borrowed or received as grants for construction of any part of the Improvements.
The Fund shall be subdivided into separate accounts as designated and
described in Sections 2.03 to 2.07, to segregate income and expenses received,
paid and accrued for the respective purposes described in those sections. The
gross revenues received in the Fund shall be apportioned monthly or as soon as
possible after the first day of each month, which apportionment is hereinafter
referred to as the “monthly apportionment.”
2.03. Construction Account. The Construction Account shall be used only to pay as
incurred and allowed costs which under financial and reporting standards as
promulgated by the Governmental Accounting Standards Board, the Financial
Accounting Standards Board, or an Other Comprehensive Basis of Accounting,
as applicable (referred to herein as Financial and Reporting Standards), are
capital costs of the Improvements, and of such future reconstructions,
improvements, betterments or extensions of the Improvements as may be
authorized in accordance with law; including but not limited to payments due for
work and materials performed and delivered under construction contracts,
architectural, engineering, inspection, supervision, fiscal and legal expenses, the
cost of lands and easements, interest accruing on the Parity Bonds during the
first year following the date of delivery, if and to the extent that the Revenue
Bond Account is not sufficient for payment of such interest, reimbursement of any
advances made from other Issuer funds, and all other expenses incurred in
connection with the construction and financing of any such undertaking. To the
Construction Account shall be credited as received all proceeds of the Parity
Bonds, except amounts appropriated to the Revenue Bond Account under
Section 2.05, all other funds appropriated by the Issuer for the Improvements,
and all income received from the investment of the Construction Account.
2.04. Operating Account. On each monthly apportionment there shall first be set aside
and credited to the Operating Account, as a first charge on the gross revenues,
such amount as may be required over and above the balance then held in the
Operating Account to pay the reasonable and necessary operating expenses of
the Improvements which are then due and payable, or are to be paid prior to the
next monthly apportionment. The term “operating expenses” shall mean the
current expenses, paid or accrued, of operation, maintenance and current repair
of the Improvements, calculated in accordance with generally accepted
accounting principles, and shall include, without limitation, administrative
expenses of the Issuer relating solely to the Improvements, premiums for
insurance on the properties thereof, labor and the cost of materials and supplies
used for current operation and for maintenance, and charges for the
accumulation of appropriate reserves for current expenses which are not
recurrent monthly but may reasonably be expected to be incurred in accordance
with generally accepted accounting principles. Such operating expenses shall
not include any allowance for depreciation or renewals or replacements of capital
assets of the Improvements and shall not include any portion of the salaries or
wages paid to any officer or employee of the Issuer, except such portion as shall
represent reasonable compensation for the performance of duties necessary to
the operation of the Improvements, nor any amount properly payable from any
other account of the Fund. The Net Revenues of the Improvements, as referred
to in this Resolution, are hereby defined to include the entire amount of such
gross revenues remaining after each such monthly apportionment, after crediting
to the Operating Account the amount required hereby, including sums required to
maintain an operating reserve equal to one month’s estimated operating
expenses.
2.05. Revenue Bond Account. Upon each monthly apportionment there shall be set
aside and credited to the Revenue Bond Account, out of the Net Revenues of the
Improvements, an amount equal to one-third of the total sum of the principal and
interest and administrative surcharge to become due on each Parity Bond on the
next succeeding Loan Repayment Date (as defined in each Parity Bond).
Moneys from time to time held in the Revenue Bond Account shall be disbursed
only to meet payments of principal and interest on each Parity Bond as such
payments become due; provided, that on any date when an outstanding Parity
Bond is due or prepayable by its terms, if the amount then on hand in the
Revenue Bond Account is sufficient, with other moneys available for the purpose,
to pay the Parity Bond and the interest accrued thereon in full, together with
interest due on the next succeeding Loan Repayment Date on any outstanding
Parity Bonds to remain outstanding, it may be used for that purpose. If any
payment of principal or interest or administrative surcharge becomes due when
moneys in the Revenue Bond Account are temporarily insufficient, such payment
shall be advanced out of any Net Revenues theretofore segregat ed and then on
hand in the Replacement and Depreciation Account or the Surplus Account. In
the event that sufficient moneys are not available from the aforementioned
sources the Issuer, to the extent it may, at the time legally do so, may, but shall
not be required to, temporarily advance moneys to the Revenue Bond Account
from other revenues of the Improvements or from other funds of the Issuer on
hand and legally available for the purpose, but any such advance shall be repaid
from Net Revenues of the Improvements within 24 months.
2.06. Replacement and Depreciation Account. There shall next be set aside and
credited, upon each monthly apportionment, to the Replacement and
Depreciation Account such portion of the Net Revenues, in excess of the current
requirements of the Revenue Bond Account (which portion of the Net Revenues
is referred to herein as Surplus Net Revenues), as BMU shall determine to be
required for the accumulation of a reasonable reserve for renewal of worn out,
obsolete or damaged properties and equipment of the Improvements. Moneys in
this account shall be used only for the purposes above stated or, if so directed by
BMU, to redeem Bonds which are prepayable according to their terms, to pay
principal or interest or administrative surcharge when due thereon as required in
Section 2.05 hereof, or to pay the cost of improvements to the Improvements;
provided, that in the event that the Issuer shall hereafter issue bonds for the
purpose of financing the construction and installation of additional improvements
or additions to the Improvements, but which additional bonds cannot, upon the
terms and conditions provided in Section 3, be made payable from the Revenue
Bond Account, Surplus Net Revenues from time to time received may be
segregated and paid into one or more separate and additional accounts for the
payment of such bonds and interest thereon, in advance of payments required to
be made into the Replacement and Depreciation Account.
2.07. Surplus Account. Any amount of the Surplus Net Revenues from time to time
remaining after the above required applications thereof shall be credited to the
Surplus Account, and the moneys from time to time in that account, when not
required to restore a current deficiency in the Revenue Bond Account as
provided in Section 2.05 hereof, may be used for any of the following purposes
and not otherwise:
(a) to redeem and prepay principal of each Parity Bond when and as such principal
becomes prepayable according to its terms;
(b) if the balances in the Revenue Bond Account and the Replacement and Depreciation
Account are sufficient to meet all payments required or reasonably anticipated to be
made therefrom prior to the end of the current fiscal year, then;
(i) to pay for repairs or for the construction and installation of improvements or
additions to the Improvements;
(ii) to be held as a reserve for redemption and prepayment of principal of each
Parity Bond which is not then but will later be prepayable according to its
terms;
(iii) with the written consent of the District, transferred to one or more specified
funds of the Issuer.
No moneys shall at any time be transferred from the Surplus Account or any
other account of the Fund to any other fund of the Issuer, nor shall such moneys
at any time be invested in warrants, special improvement bonds or other
obligations payable from other funds, except as provided in this section.
2.08. Deposit and Investment of Funds. The Chief Financial Officer shall cause all
moneys pertaining to the Fund to be deposited as received with one or more
banks which are duly qualified public depositories under the provisions of
Chapter 4-6A, South Dakota Codified Laws, in a deposit account or accounts,
which shall be maintained so long as any of the Parity Bonds and the interest
thereon shall remain unpaid. The deposit and investment of all moneys
pertaining to the Fund must, on the books and records of the Issuer, be
maintained separate and apart from all other funds of the Issuer. Any of such
moneys not necessary for immediate use may be deposited with such depository
banks in savings or time deposits. No moneys shall at any time be withdrawn
from such deposit accounts except for the purposes of the Fund as authorized in
this Resolution; except that moneys from time to time on hand in the Fund may at
any time, in the discretion of the City Council, be invested in securities permitted
by the provisions of South Dakota Codified Laws, Section 4-5-6; provided, that
the Replacement and Depreciation Account may be invested in such securities
maturing not later than ten years from the date of the investment. Income
received from the deposit or investment of moneys shall be credited to the
account from whose moneys the deposit was made or the investment was
purchased, and handled and accounted for in the same manner as other moneys
in that account. The investment of the moneys on deposit in the Revenue Bond
Account is further restricted by the provisions of Section 6.01 hereof. Deposits
and securities described in this Section shall constitute “Qualified Investments.”
2.09. Additional Revenues or Collateral. The Issuer reserves the right at any time to
pledge additional moneys, revenues or collateral as security for the Parity Bonds
and any additional bonds. Such pledge shall not be effective unless and until the
Issuer receives, and provides to the bond registrar an opinion of, nationally
recognized bond counsel stating that such pledge will not adversely affect the
validity or tax exemption of the Parity Bonds and any additional bonds then
outstanding.
2.10. Appropriation of Other Moneys. The Issuer reserves the right in any year while
the Parity Bonds are outstanding to appropriate from moneys on hand and legally
available for such purpose in its cash reserve accounts such amounts as this
Council may specify and direct that such amounts be used to pay principal and
interest and administrative expense surcharge on the Parity Bonds. Any s uch
appropriation shall reduce the obligation of the Issuer to impose rates and
charges under Section 3.04 hereof.
2.11. Statutory Mortgage. The Issuer covenants and agrees that pursuant to SDCL 9-
40-28 and SDCL 9-40-29, the lawful holders of each Parity Bond shall have a
statutory mortgage lien upon the Improvements and the extensions, additions
and improvements thereto acquired pursuant to the Act, until the payment in full
of the principal, interest, and Administrative Expense Surcharge on the Parity
Bond held, and the Issuer agrees not sell or otherwise dispose of the Utility, the
Improvements, or any substantial part thereof, except as provided in the Loan
Agreement and shall not establish, authorize or grant a franchise for the
operation of any other utility supplying like products or services in competition
therewith, or permit any person, firm or corporation to compete with it in the
collection and treatment of wastewater for municipal, industrial, and domestic
purposes within the Issuer.
SECTION 3. PRIORITIES AND ADDITIONAL BONDS.
3.01. Priority of Bond Payments. If at any time the Net Revenues of the Improvements
are insufficient to pay principal and interest and administrative expense
surcharge then due on the Parity Bonds, any and all moneys t hen on hand shall
be first used to pay the interest and administrative expense surcharge accrued
on the Parity Bonds, and the balance shall be applied toward payment of the
maturing principal of the Parity Bonds in order of their maturities, the earliest
maturing principal to be paid first, and pro rata in payment of principal maturing
on the same date.
3.02. Additional Bonds. The Issuer reserves the right to issue additional bonds,
payable from the Revenue Bond Account of the Fund, on a parity as to both
principal and interest and administrative expense surcharge with the Parity
Bonds in the manner and upon satisfaction of the conditions and subject to the
limitations set forth in the Loan Agreement, and if any Parity Bonds are then
outstanding, subject to the limitations contained in the resolutions under which
such Parity Bonds were issued.
3.03. Compliance with Loan Agreement. The Issuer will comply, so long as the Parity
Bonds are outstanding, and unpaid, with all of the provisions of the Loan
Agreement, to the same extent as though such provisions were set forth in this
resolution.
3.04. Rates and Charges. BMU has covenanted that it will maintain, revise, charge
and collect rates and other charges for all service furnished and made available
by the Improvements, according to schedules such that the gross revenues
derived therefrom will be sufficient, when combined with other available funds, to
pay when due all expenses of the operation and maintenance of the
Improvements, and all principal of and interest and administrative expense
surcharge on the Bond, to provide for the establishment and maintenance of
adequate reserves, to provide an allowance adequate for recurring renewals and
replacements of the Improvements, to satisfy the rate covenant provided in
Section 6.4 of the Loan Agreement and to fulfill the terms of all other agreements
with holders of the Issuer’s bonds. The rates and charges with respect to the
Improvements shall be in the form of a separately stated surcharge on the
municipal utilities rate schedule; in calculating the surcharge BMU shall allocate
to the Improvements its share of the expenses of operation and maintenance and
allowances for renewal and replacement as well as the requirements to pay
principal of and interest and administrative expense surcharge on the Parity
Bonds and to repay the Utility or any other funds of the City for moneys
advanced in accordance with Section 2.05 hereof.
SECTION 4. AMENDMENTS.
4.01. Amendments Without Bondholder Consent. The Issuer reserves the right to
amend this resolution from time to time and at any time, for the purpose of curing
any ambiguity or of curing, correcting or supplementing any defective provision
contained herein, or of making such provisions with regard to matters or
questions arising hereunder as this City Council may deem necessary or
desirable and not inconsistent with this resolution, and which shall not adversely
affect the interests of the holders of the Parity Bonds, or for the purpose of
adding to the covenants and agreements herein contained, or to the gross
revenues herein pledged, other covenants and agreements thereafter to be
observed and additional gross revenues thereafter appropriated to the Fund, for
the purpose of surrendering any right or power herein reserved to or conferred
upon the Issuer, or for the purpose of authorizing the issuance of additional
bonds in the manner and subject to the terms and conditions prescribed in
Section 3. Any such amendment may be adopted by resolution, without the
consent of the holders of the Parity Bonds.
4.02. Amendments With Bondholder Consent. With the consent of the holders of the
Parity Bonds as provided in Section 4.03, the Issuer may from time to time and at
any time amend this resolution by adding any provisions hereto or changing in
any manner or eliminating any of the provisions hereof, or of any amending
resolution, except that no amendment shall be adopted at any time without the
consent of the holders of each Parity Bond which is then outstanding and so
affected, if it would extend the maturities of any Parity Bond, would reduce the
rate or extend the time of payment of interest thereon, would reduce the amount
or extend the time of payment of the principal or redemption premium thereof,
would give to any Parity Bond any privileges over any other Parity Bond, would
reduce the sources of gross revenues appropriated to the Fund, would authorize
the creation of a pledge of gross revenues prior to or on a parity with the Parity
Bonds (except as is authorized by Section 3), or would reduce the percentage in
principal amount of Parity Bonds required to authorize or consent to any such
amendment.
4.03. Notice and Consent. Any amendment adopted pursuant to Section 4.02 shall be
made by resolution, mailed to each holder of a Parity Bond affected thereby, and
shall become effective only upon the filing of written consents with the Chief
Financial Officer, signed by the holders of not less than two -thirds in principal
amount of the Parity Bonds which are then outstanding or, in the case of an
amendment not equally affecting all outstanding Bonds, by the holders of not less
than two-thirds in principal amount of the Parity Bond adversely affected by such
amendment. Any written consent to an amendment may be embodied in and
evidenced by one or any number of concurrent written instruments of
substantially similar tenor signed by bondholders in person or by agent duly
appointed in writing, and shall become effective when delivered to the Chief
Financial Officer. Any consent by the holder of any Parity Bond shall bind the
holder and every future holder of the same Parity Bond with respect to any
amendment adopted by the Issuer pursuant to such consent, provided that any
bondholder may revoke his consent with reference to any Parity Bond by written
notice received by the Chief Financial Officer before the amendment has become
effective. In the event that unrevoked consents of the holders of the required
amount of Parity Bonds have not been received by the Chief Financial O fficer
within one year after the mailing of any amendment, the amendment and all
consents theretofore received shall be of no further force and effect.
4.04. Proof. Proof of the execution of any consent, or of a writing appointing any agent
to execute the same, or of the ownership by any person of a Parity Bond, shall
be sufficient for any purpose of this resolution and shall be conclusive in favor of
the Issuer if made in the manner provided in this section. The fact and date of
the execution by any person of any such consent or appointment may be proved
by the affidavit of a witness of such execution or by the certificate of any notary
public or other officer authorized by law to take acknowledgements that the
person signing such writing acknowledged to him the execution thereof. The
amount of Parity Bonds held by any person by or for whom a consent is given,
and the distinguishing numbers of such Parity Bonds, and the date of holding the
same, shall be proved by the bond register. The fact and date of execution of
any such consent may also be proved in any other manner which this Council
may deem sufficient; but this City Council may nevertheless, in its discretion,
require further proof in cases where it deems further proof desirable.
SECTION 5. PAYMENT OF BOND.
5.01. General. When the liability of the Issuer on the Parity Bonds has been
discharged as provided in this section, all pledges, covenants and other rights
granted by this resolution to the holders of the Parity Bonds shall cease.
5.02. Payment. The Issuer may discharge its liability with reference to any Parity Bond
which is due on any date by depositing with the holder or holders thereof, or the
paying agent or agents, if any, for such Parity Bond on or before that date a sum
sufficient for the payment thereof in full; or if any Parity Bond shall not be paid
when due, the Issuer may nevertheless discharge its liability with reference
thereto by depositing with the holder or holders thereof, or the paying agent or
agents, if any, a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
5.03. Prepayable Bonds. The Issuer may also discharge its liability with reference to
any prepayable Parity Bonds which are called for redemption on any date in
accordance with their terms, by depositing with the holder or holders thereof, or
the paying agent or agents, if any, on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due thereon,
provided that notice of such redemption has been duly given as provided in the
resolution authorizing the Parity Bond.
SECTION 6. TAX MATTERS AND EFFECTIVE DATE.
6.01. Tax Matters.
(a) Covenant. The Issuer covenants and agrees with the holders from time to
time of the Parity Bonds 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 on
the Parity Bonds, to the extent issued as tax-exempt obligations, to become
subject to taxation under the Internal Revenue Code of 1986, as amended
(the “Code”), and applicable Treasury Regulations (the “Regulations”).
(b) Use of Improvements. The Issuer covenants and agrees that it will not, nor
will it permit any of its officers, employees or agents, to enter into any lease,
use or other agreement with any person other than a state or political
subdivision or agency or instrumentality of a state, relating to the use of the
Improvements or the security for the Parity Bonds which might cause the
Parity Bonds, to the extent issued as tax-exempt bonds, to be considered
“private activity bonds” within the meaning of Section 141 of the Code.
(c) Investment of Moneys on Deposit in Revenue Bond Account . The Chief
Financial Officer shall ascertain monthly the amount on deposit in the
Revenue Bond Account. If the amount on deposit therein ever exceeds by
more than $100,000 the aggregate amount of principal and interest due and
payable from the Revenue Bond Account within 13 months thereafter, such
excess shall either (1) not be invested except at a yield equal to or less than
the yield borne by the Parity Bonds, or (2) be used to prepay and redeem
principal installments of the Parity Bonds.
(d) Certification. The Mayor and City Clerk, being the officers of the Issuer
charged with the responsibility for issuing the obligations pursuant to this
resolution, are authorized and directed to execute and deliver to the
purchaser a certification in order to satisfy the provisions of Section 1.148-
2(b) of the Regulations. Such certification shall state that on the basis of the
facts, estimates and circumstances in existence on the date of issue and
delivery of the Bond as therein set forth, it is not expected that the proceeds
of the Bond will be used in such a manner that would cause the Bond to be
an arbitrage bond, and the certification shall further state that to the best of
the knowledge and belief of the officers there are no other facts, estimates or
circumstances that would materially change such expectation.
6.02. Tax-Exempt Status of the Bond and Rebate. The Issuer shall comply with
requirements necessary under the Code to establish and maintain the exclusion
from gross income under Section 103 of the Code of the interest on the Bond,
including without limitation (1) requirements relating to temporary periods for
investments, (2) limitations on amounts invested at a yield greater than the yield
on the Bond, and (3) the rebate of excess investment earnings to the United
States.
6.03. Repeal. All provisions of all other ordinances, resolutions and other actions and
proceedings of the Issuer and of this City Council which are in any way
inconsistent with the terms and provisions of this resolution are repealed,
amended and rescinded to the full extent necessary to give full force and effect to
the provisions of this resolution.
Progress Report. Samantha Beckman, Assistant to the City Manager, provided a
progress report highlighting the City’s activities and projects.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Rasmussen, to enter into Executive Session at 7:18 p.m., as per
SDCL 1-25-2.4, for the purpose of preparing for contract negotiations or negotiating with
employees or employee representatives. The motion carried by a unanimous vote. A
motion was made by Council Member Rasmussen, seconded by Council Member
Doran, to exit Executive Session at 7:54 p.m. The motion carried by a unanimous vote.
(Council Member Specker left at 7:50 p.m.)
Adjourn. A motion was made by Council Member Wendell, seconded by Council
Member Doran, that this meeting be adjourned at 7:54 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, 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 24-0359,Version:1
Action on appointments to the Public Arts Commission.
Summary:
Mayor Niemeyer has submitted the following appointment recommendations for City Council advice
and consent:
Public Arts Commission
Number of positions:4
Term Length:3 years
Residency Requirement:Required for Majority
Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A
dedicated funding source for an established program of public art enhances the reputation of a city
and serves as a vehicle for attracting new businesses and citizens. A public art program encourages
a community’s artists and citizens to engage in creative activities and artistic development. A public
arts commission can develop and implement a unified public art strategy for a community.
Mayor’s Recommendation:
1) Lisbeth Solum (term expires 1/1/2025), member-at-large
2) Meridith Weiland, (term expires 1/1/2025), member-at-large
3) VACANT (term expires 1/1/2027), Art Professional
Recommendation:
Staff recommends approval.
City of Brookings Printed on 8/7/2024Page 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 24-0385,Version:1
Action on an appointment to the Planning Commission.
Summary:
Mayor Niemeyer has submitted the following appointment recommendation for City Council advice
and consent:
Planning Commission
Number of positions:1
Term Length:3 years
Residency Requirement:Required
Purpose: The City Planning Commission is responsible for the City Comprehensive Plan for the
physical development of the City, including areas outside the boundaries of the City and within the
planning jurisdiction.
With the passage of Ordinance 22-006, the Board of Adjustment members will be the appointed
current Planning Commission members.
Mayor’s Recommendation:
1) Doug Metcalf (term expires 12/31/2024) (filling J. Mills vacancy)
Recommendation:
Staff recommends approval.
City of Brookings Printed on 8/7/2024Page 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 24-0389,Version:1
Action on the 2025 City Council Meeting Calendar.
Summary:
Action to approve the 2025 Calendar Year regularly scheduled City Council meetings.This provides
public notice of the 2025 City Council meeting calendar.
Attachments:
2025 Calendar
City of Brookings Printed on 8/7/2024Page 1 of 1
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J ANUAR Y
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Jan. 1 – New Year’s Holiday
Jan. 20 – Martin Luther King, Jr. Birthday
TBD – Brookings Day in Pierre
F EBRUARY
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28
Feb. 17 – President’s Day
TBD – Municipal Government Day & Rib Dinner
with Your Legislator
M ARCH
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
March 17-21 – Board of Equalization
TBD – NLC Congressional City Conference
(Washington DC)
A PRI L
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
April 8 – Municipal / School Board Election Day
M AY
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
May 26 – Memorial Day
J UNE
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
June 19 – Juneteenth
2025 City Council
Meeting Calendar
City Council Regular Meetings
6:00 p.m. start time / 2nd & 4th Tuesdays
Location: Chambers, Room 310
City Council Study Sessions
6:00 p.m. start time / 3rd Tuesday
Location: Community Room, Room 300
No Study Sessions are held in June-July-August.
Holidays
Election Days
(Federal / General Elections held in even-numbered years.)
Board of Equalization
J ULY
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
July 4 – Independence Day
A UGUST
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S EPTEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
Sept. 1 – Labor Day
Sept. 9 & 23 – 6:00 p.m. Budget Workshop preceding
regular City Council Meeting
O CTOBER
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Oct. 7 – 6:00 p.m. Budget Workshop preceding regular
City Council Meeting
Oct. 13 – Columbus/Native American Day
TBD – SDML Conference
N OVEMBER
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
Nov. 11 – Veteran’s Day
Nov. 27 – Thanksgiving Holiday
TBD – NLC City Summit (Kansas City, MO)
D ECEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Dec. 25 – Christmas Holiday
2025 City Council
Meeting Calendar
City Council Regular Meetings
6:00 p.m. start time / 2nd & 4th Tuesdays
Location: Chambers, Room 310
City Council Study Sessions
6:00 p.m. start time / 3rd Tuesday
Location: Community Room, Room 300
No Study Sessions are held in June-July-August.
Holidays
Election Days
(Federal / General Elections held in even-numbered years.)
Board of Equalization
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 24-074,Version:1
Action on Resolution 24-074, a Resolution Awarding the Bid for a 4,000 Gallon Water Truck
Summary and Recommended Action:
Staff recommends approving the proposed resolution, which will award the 4,000 Gallon Water Truck
to Custom Truck One Source for the low bid of $174,412.
Attachments:
Memo
Resolution
Bid Specs
City of Brookings Printed on 8/7/2024Page 1 of 1
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City Council Agenda Item Memo
From: Jeremy Linstad, Street Manager
Council Meeting: August 13, 2024
Subject: Resolution 24-074: Bid Award – 4,000 Gallon Water Truck
Presenter: Jeremy Linstad, Street Manager
Summary:
Staff recommends approving the resolution, which will award the bid for a 4,000 Gallon
Water Truck to Custom Truck One Source for the low bid of $174,412.
Item Details:
The City of Brookings, Public Works Department - Street Division maintains over 300
lane miles of streets and alleys. The water truck is utilized in gravel maintenance, dust
control, street maintenance and cleaning. In addition, the bid for this water truck also
included features that will make this vehicle a viable option for the Fire Department to
use in situations were they need additional water hauling capacity.
The truck will replace a model year 2000 International water truck with life cycle of 12
years per the City of Brookings Capital Asset Policy.
The City opened bids on Tuesday August 6, 2024 at 1:30 pm at the City & County
Government Center and the following bids were received:
Custom Truck One Source $174,412
Garsite Progress LLC $203,920
The low bid of $174,412 was approximately 14 percent lower than the approved budget
of $200,000.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
The City will enter into a contract with Custom Truck One Source for the low bid of
$174,412. Sufficient appropriations of $200,000 are included in the adopted 2025
budget, Fund 213 – Capital Projects, account 213-000-5-940-11.
Supporting Documentation:
Memo
Resolution
Bid Specs
RESOLUTION 24-074
RESOLUTION AWARDING BID FOR 4,000 GALLON WATER TRUCK
WHEREAS, the City of Brookings opened bids for a 4,000 Gallon Water Truck on
Tuesday, August 6, 2024 at 1:30 pm at the Brookings City and County Government
Center; and
WHEREAS, the City of Brookings received the following bids for a 4,000 Gallon Water
Truck: Custom Truck One Source - $174,412; and Garsite Progress LLC - $203,920.
NOW , THEREFORE, BE IT RESOLVED, that a contract be awarded to Custom Truck
One Source for the bid price of $174,412.
Passed and Approved this 13th day of August, 2024.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
NOTICE TO BIDDERS
One (1) 4,000 Gallon Water Truck
Sealed original bids will be received by the City Council of Brookings, South Dakota, at
the Office of the City Clerk at the Brookings City & County Government Center, 520 3rd
Street, Suite 230, Brookings, South Dakota until 1:30 P.M. CST, Tuesday, August 6,
2024 for the furnishing of One (1) 4,000 Gallon Water Truck. All bids will then be
publicly opened and read.
Specifications and bidding blanks may be inspected and procured at the Brookings City
& County Government Center, 520 3rd Street, Suite 230, Brookings, South Dakota, or
online at www.cityofbrookings-sd.gov. Questions should be directed to Jeremy Linstad,
Street Manager, at (605) 697-8680. Bidders shall check the City website for
Addendums.
All bidders are required to hold all applicable South Dakota tax licenses. By virtue of
Statutory Authority, preference will be given to materials, products, and supplies found
or procured within the State of South Dakota.
All bids must be signed and submitted in a sealed envelope and shall state on the left-
hand corner of the envelope: “4,000 Gallon Water Truck”. Any bids received after the
deadline will not be accepted.
No bids may be withdrawn after the time set for the opening of bids. Action on the bids
will occur within 45 days of the bid opening. The city reserves the right to waive
irregularities and to reject any and all bids.
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 $_____________.
1
BID for
ONE (1) 4,000 GALLON WATER TRUCK
BID OPENING, AUGUST 6, 2024
BROOKINGS CITY & COUNTY GOVERNMENT CENTER
Suite 230, Room 241, 1:30pm
CITY OF BROOKINGS
PUBLIC WORKS DEPARTMENT – STREET DIVISION
125 7th AVE
BROOKINGS, SD 57006
2
ONE (1) 4,000 GALLON WATER TRUCK
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
1. Bidders must follow instructions as described in Notice to Bidders.
Bids cannot be emailed or faxed.
2. Specifications are to be considered as minimum, and may exceed the
minimum.
3. Product literature for each piece of equipment bid shall accompany the
bid, and equipment shall be a 2023 or newer model.
4. Equipment shall be delivered to the City of Brookings fully serviced
and ready for use. Delivery of the equipment no later than 90 days
after receipt of order.
5. The City of Brookings reserves the right to waive any irregularities and
to award the bid which in its judgment constitutes the best buy for the
city.
6. The City of Brookings reserves the right to require a successful
demonstration and mechanic inspection of the equipment before
purchasing equipment under this contract.
3
ONE (1) 4,000 GALLON WATER TRUCK
Specifications are considered minimum; features can exceed minimum.
Equipment must include all features listed as standard in product literature.
Please identify deviations and exceptions in the compliance/non-compliance
column in the right hand column. The City of Brookings prefers to purchase
equipment that meets all or most of the minimum specifications. Deviations
and exceptions could be a factor in awarding the bid, regardless of low bid.
SCHEDULE 1: ONE (1) 4,000 GALLON WATER TRUCK
Equivalent to Peterbilt 548 6x4 upfitted with a Load King 4,000-gallon water tank.
Comply/Non-Comply
Engine Paccar _____/_____
PX-9 _____/_____
360 hp _____/_____
(2) 12V Batteries _____/_____
18.7 CFM Compressor _____/_____
Transmission Allison 3000 RDS-P _____/_____
6 speed Automatic _____/_____
Fuel Tanks Diesel, Aluminum, 80 gallons _____/_____
DEF, small _____/_____
Located left hand, under cab _____/_____
Axle Configuration Tandem 6x4 _____/_____
Front Axle Paccar FX-20 _____/_____
20,000 lbs. 4” drop _____/_____
Tires 425/65R22.5 _____/_____
Rear Axle Meritor MT40-14X _____/_____
40,000 lbs. _____/_____
Diff lock tandem axles _____/_____
Tires 11R24.5 _____/_____
5.86 axle ratio _____/_____
Front Suspension Taper Leaf Springs 20,000lbs. _____/_____
Rear Suspension Hendrickson HMX EX 400 _____/_____
40,000 lbs. 54” _____/_____
Wheelbase 199 inches _____/_____
GVWR 60,000 lbs. _____/_____
Chassis Features Class 8, SMC Hood _____/_____
Aerodynamic 109in BBC Aluminum _____/_____
Molded Gray Crown _____/_____
1-piece rear window glass _____/_____
Curved Windshield _____/_____
Fender mounted headlights _____/_____
(5) LED marker lights _____/_____
White _____/_____
Brakes ABS, Air Disc _____/_____
Interior Features Air Ride/High Back Driver _____/_____
Non-Air ride/high back passenger _____/_____
Adjustable tilt/telescopic steering _____/_____
Gray/Black interior, curved roof _____/_____
Power locks/windows _____/_____
Radio AM/FM/BT/USB/AUX _____/_____
CB Terminals _____/_____
(4) additional dash switches _____/_____
4
EQUIPMENT FEATURES
CAPACITY: 4,000 US GALLONS _____/_____
DIMENSIONS: 198” LONG X 96” WIDE X 64.75” _____/_____
TALL TANK SHELL: ASTM A36 STEEL 3/16” Thickness _____/_____
Interior Tank Coating _____/_____
Exterior PRIMER BASE & TOPCOAT WHITE _____/_____
TANK ENDS: A36 STEEL, DOMED WITH FLANGE _____/_____
TEAR PAD: A36 STEEL _____/_____
TANK BAFFLES: (3) A36 STEEL W/ 20” CRAWL HOLE _____/_____
TANK RUNNERS: A36 STEEL _____/_____
FULL LENGTH SHAPED TANK _____/_____
RUBBER MOUNTED ISOLATORS _____/_____
TANK SHAPE: MODIFIED ELLIPSE, _____/_____
LARGE RADIUS CORNERS _____/_____
MAN-WAY: 24” ROUND MAN-WAY, _____/_____
MESH LIFT OUT GRATE _____/_____
FILL PIPE: 2-1/2” PIPE, CAM GROOVE COUPLER _____/_____
LADDER: REAR MOUNTED, _____/_____
PIPE CONSTRUCTION, _____/_____
ANTI-SLIP RUNGS _____/_____
FENDERS: A36 STEEL, TROUGH STYLE TRAY, _____/_____
MEDIA BLASTED, _____/_____
SPRAY LINED FINISH, BLACK ONLY _____/_____
WATER SYSTEM: 4X3 WATER PUMP _____/_____
SHAFT DRIVEN PUMP _____/_____
ALL REQUIRED PLUMBING AND FITTINGS _____/_____
CREEK FILL SUCTION _____/_____
NO PRIMER PUMP _____/_____
Water level indicator _____/_____
2-1/2” Hydrant Fill w/Anti-Siphon air gap _____/_____
FRONT SPRAY SYSTEM: (2) INDEPENDENTLY OPERATED _____/_____
AIR SPRAY VALVES _____/_____
MID SPRAY SYSTEM: (2) INDEPENDENTLY OPERATED _____/_____
AIR SPRAY VALVES _____/_____
REAR SPRAY SYSTEM: (2) INDEPENDENTLY OPERATED _____/_____
AIR SPRAY VALVES _____/_____
HOSE REEL ASSEMBLY:
Power coated heavy duty rear ICC bumper_____/_____
MANUAL REWIND HOSE REEL, _____/_____
50’ X 1-1/2” HOSE, _____/_____
FIREMAN’S NOZZLE _____/_____
ON-ROAD WATER TANK PARTS _____/_____
TIE DOWN HARDWARE AND MISC. PARTS _____/_____
ELECTRICAL AND LIGHTING:
DOT/ICC COMPLIANT LIGHTS _____/_____
DOT/ICC COMPLIANT REFLECTORS _____/_____
TRUCK-LITE WIRING HARNESS _____/_____
STROBE LIGHT PACKAGE _____/_____
HOSE KITS FOR CREEK & HYDRANT FILL:
Two (2) 3” X 10’ MXF CAM & GROOVE _____/_____
One (1) 3” X 10’ FEMALE CAM & GROVE X 3” SUCTION STRAINER _____/_____
One (1) 2-1/2” X 50’ WATER TRUCK HOSE FOR HYDRANT FILL _____/_____
5
BIDDER’S PROPOSAL
Name of Bidder: ______________________________________________
Address: ______________________________________________
______________________________________________
Phone/Email: _________________________________________
Bidder proposes and agrees to furnish the City of Brookings, South Dakota:
SCHEDULE 1: ONE (1) 4,000 GALLON WATER TRUCK
At the following price: $__________________________________________
*_______________________________________________________________
(Final bid price written in words)
The “Notice to Bidder”, the “General Conditions”, the “Specifications” for “One (1)
4,000 GALLON WATER TRUCK”, and the “Bidder’s Proposal” are made part of this
contract as if written herein at length. “One (1) 4,000 GALLON WATER TRUCK” shall
be delivered to the Brookings Street Division facility in Brookings, South Dakota
57006 within thirty (90) calendars days after date of the awarding contract.
The Bidder further agrees and states that they have read the” Notice to Bidders”
and “Instruction to Bidders” and has studied the “Specifications One (1) 4,000
GALLON WATER TRUCK”, and that he/she is familiar with the terms and conditions
of stipulated therein and agrees to enter into the contract if he/she is the successful
bidder.
Name of Bidder: ______________________________________________
Authorized Signature: _________________________________________
Title: _______________________________________________________
Date: _______________________________________________________
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 24-071,Version:1
Action on Resolution 24-071, a Resolution Authorizing Change Order #2 for the Pickleball Courts
Project.
Summary and Recommended Action:
Staff recommends approval of this Resolution which provides the support required to upgrade the
post-tensioned concrete and cable tensioning system for the Pickleball Courts Project.
Attachments:
Memo
Resolution
Change Order #2
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City Council Agenda Item Memo
From: Josh Bauman, Assistant Parks, Recreation & Forestry Director
Council Meeting: August 13, 2024
Subject: Resolution 24-071: Change Order #2 - Pickleball Courts Project
Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director
Summary:
Staff recommends approval of this Resolution which provides the support required to
upgrade the post-tensioned concrete and cable tensioning system for the Pickleball Courts
Project.
Item Details:
The City of Brookings Parks, Recreation and Forestry Department is requesting to
upgrade the post-tensioned concrete and cable tensioning system used for the Pickleball
Courts. The concrete would have a 12-inch thickened edge on the perimeter of the courts,
fiber mesh added to the concrete mix, and a fully encapsulated post -tensioning strand
system. Benefits of these additions include:
Adding a 12-inch thickened edge to the perimeter of the courts will help prevent
heaving from frost.
The fiber mesh assists the concrete in retaining its strength and impact resistance.
The fully encapsulated system completely encases the post -tensioning system to
help protect against corrosion.
The additional cost is estimated at $9,180.00. Total costs remain within the project’s
budgeted funds.
Legal Consideration:
City Attorney Steve Britzman has reviewed the contract.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
This total project is within budget.
Supporting Documentation:
Resolution
Change Order #2
RESOLUTION 24-071
RESOLUTION AUTHORIZING CHANGE ORDER #2
FOR THE PICKLEBALL COURTS PROJECT
WHEREAS, the City of Brookings is requesting to upgrade the post-tensioned concrete
for the Pickleball Courts at Hillcrest Park; and
W HEREAS, the City of Brookings is requesting to upgrade the type of cable tensioning
system for the Pickleball Courts at Hillcrest Park; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes
the approval of Change Order #2 which upgrades the post-tensioned concrete and
cable tensioning system for the Pickleball Courts Project.
Passed and Approved this 13th day of August, 2024.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, 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 24-0405,Version:1
Action on Temporary Alcohol / Special Event Licenses for existing alcohol license holders with events
held on publicly owned property.
Summary and Recommended Action:
Staff recommends approval of a Special Event Alcoholic Beverage License request for an existing
alcohol license holder for events held at publicly owned facilities.
Attachments:
Memo
SDCL 35-4-124
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: August 13, 2024
Subject: Special Event / Temporary Alcoholic Beverage License
Requests
Presenter: Bonnie Foster, City Clerk
Summary:
Staff recommends approval of a Special Event Alcoholic Beverage License request for
an existing alcohol license holder for events held at publicly owned facilities.
Item Details:
South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic
beverage licenses require action by the governing body for all Temporary Alcoholic
Beverage License Applications. Public Hearings are not required for the issuance of
such license if the person applying for the license holds an on-sale alcoholic beverage
license or operating agreement, and the license is to be used in a publicly-owned
facility.
Staff requests approval for the following special event / temporary alcoholic beverage
licenses from Sodexo Catering (License Holder RB-28249 and RW -28251) for private
events to be held on publicly-owned property:
SD Art Museum: SDSU TL24-057
Oscar Larson Performing Arts Center, Founders Recital Hall: SDSU TL24-058
Oscar Larson Performing Arts Center, Moriarty Lobby: SDSU TL24-059
Lincoln Music Hall, Reading Room and Seminar Room: SDSU TL24-060
DJD Stadium, Club 71: SDSU 25-001
Legal Consideration:
None
Strategic Plan Consideration:
Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage
licenses keeps the process transparent in the amount of revenue generated and the
number of licenses issued annually.
Financial Consideration:
Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date
NOTE: event date can be up to 15 days in length.
Supporting Documentation:
State Law 35-4-124
35-4-124. Special alcoholic beverage licenses--Special events.
Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans organization
or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition
to any other licenses held by the special events license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans organization
or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm
winery licensee in addition to any other licenses held by the special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any licensee
licensed pursuant to § 35-4-111 or subdivision 35-4-2(4) or (6) in addition to any other licenses
held by the special events license applicant;
(4) A special off-sale package wine dealers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm
winery licensee in addition to any other licenses held by the special events license applicant. A
special off-sale package wine dealers licensee may only sell wine manufactured by a farm
winery licensee;
(5) A special off-sale package wine dealers license in conjunction with a special event,
conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable,
educational, fraternal, or veterans organization;
(6) A special off-sale package malt beverage dealers license in conjunction with a special
event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic,
charitable, educational, fraternal, or veterans organization; or
(7) A special off-sale package dealers license in conjunction with a special event, conducted
pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational,
fraternal, or veterans organization.
The municipality or county may issue a license under this section for a time not to exceed
fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to
this section if the person applying for the license holds an on-sale alcoholic beverage license or
a retail malt beverage license in the municipality or county or holds an operating agreement for
a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned
facility. The local governing body shall establish rules to regulate and restrict the operation of
the special license, including rules limiting the number of licenses that may be issued to any
person within any calendar year.
Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL
2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1.
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 24-0365,Version:1
Proclamation: A Day to Celebrate the Cultures of Our Community
Summary:
Mayor Niemeyer will present a Proclamation recognizing A Day to Celebrate the Cultures of Our
Community.
Attachments:
Proclamation
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Mayoral Proclamation
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, Brookings’ thriving international community contributes
to our community’s high quality of life and provides a vital
economic impact to the Brookings area; and
WHEREAS, Brookings has greatly benefited from having hundreds of
international students from over 80 countries enrolled at South
Dakota State University; and
WHEREAS, the Brookings Multicultural Center, the Brookings
Economic Development Corporation, and the South Dakota State
University Office of International Affairs will hold the 3rd Annual
International Ice Cream Social and Community Fair to welcome
International Faculty and Graduate Students and their families to
our community.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer,
Mayor of the City of Brookings, do hereby proclaim Wednesday,
August 21, 2024 as:
A DAY TO CELEBRATE THE CULTURES OF OUR COMMUNITY
IN WITNESS WHEREOF, I have hereunto set
my hand, and caused to be affixed the
Great Seal of the City of Brookings, this
13th day of August, 2024.
____________________________
Oepke G. Niemeyer, Mayor
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0403,Version:1
Reports: City Council Ex-Officio Reports
Summary:
City Council Members, serving as Ex-Officio members on the Brookings Health System Board of
Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended
at the first City Council meeting of the month.
Brookings Municipal Utility Board:
1.Council Member Wayne Avery
2.Council Member Bonny Specker
Brookings Health Systems Board of Trustees:
1.Council Member Andrew Rasmussen
2.Council Member Brianna Doran
City of Brookings Printed on 8/7/2024Page 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 24-0391,Version:1
Presentation and Action on acceptance of Master Drainage Plan.
Summary and Recommended Action:
The Stormwater Master Plan Committee, Public Works, and the City’s consultant, ISG, worked over
the past 3 years to update the City of Brookings Master Drainage Plan (Plan). The draft Plan was
presented to City Council at the November 21, 2023 Study Session and is now being presented as a
final plan, for acceptance as a guiding document in future improvements to the City’s stormwater
infrastructure. Staff recommends approval.
Attachments:
Memo
Executive Summary
Presentation
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City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: August 13, 2024
Subject: Acceptance of Master Drainage Plan
Presenter: John R. Thompson, Public Works Director
Charlie Richter, City Engineer
Summary:
The Stormwater Master Plan Committee, Public Works, and the City’s consultant, ISG,
worked over the past 3 years to update the City of Brookings Master Drainage Plan
(Plan). The draft Plan was presented to City Council at the November 21, 2023 Study
Session and is now being presented as a final plan, for acceptance as a guiding
document in future improvements to the City’s stormwater infrastructure. Staff
recommends approval.
Item Details:
The current Master Drainage Plan was developed in 2008 by Ecological Resource
Consultants, Inc. The 2008 plan focused on flooding issues throughout the City
including: modeling of the stormwater system for the City; development of possible
capital improvement projects; and cost estimation. Since 2008, the City has
implemented several of the flood protection projects listed in the 2008 plan. In addition,
development within the City has added storm water basins and infrastructure. The
changes since the original plan was adopted, as well as improved modeling techniques,
and the desire to revise standards, the stormwater fee, and integration of green
infrastructure, spurred an effort to update the now outdated plan.
In August 2021, the City contracted with ISG, to develop a 10 -year Master Drainage
Plan. The scope of the work included: modeling of the City’s existing stormwater
infrastructure; identification of flooding issues; evaluation of potential solutions to the
flooding issues, including cost estimation; revision to the City’s prioritization process;
improvements to the stormwater standards, and maintenance recommendations;
stormwater fee analysis; and public engagement and outreach.
To achieve these objectives, the consultant collected and analyzed data from a variety
of sources including multiple public meetings, an online survey, and several Stormwater
Master Plan Committee meetings.
The final Plan, as presented today, will be utilized as a resource and road map to guide
the City’s operations and maintenance of stormwater infrastructure and future capital
improvement investments.
The Plan includes:
New flood mapping using rain-on-grid technology;
Summary of public engagement events;
Recommended projects and revised project prioritization, based on community
feedback;
Recommendations for improving stormwater maintenance efficiency;
Recommendations for updating the stormwater fee structure to improve equity
and ensure that the City has the dedicated funding for operations and
maintenance, public education, and capital improvements; and
Recommendations for stormwater development standards.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
The proposed 2025 Fiscal Year budget includes recommendations from the Plan,
including capital projects. The projects identified in the 2025 Fiscal Year budget are
pending approval of the storm drainage fee revision.
Supporting Documentation:
Executive Summary
Presentation
BROOKINGS MASTER DRAINAGE PLAN • Executive Summary Page 3
Executive Summary
The City of Brookings Master Drainage Plan analyzes the
existing stormwater infrastructure, with the primary objective
of developing and prioritizing projects to be implemented over
the next ten years.
The City’s stormwater system collects runoff from rooftops and
paved surfaces like sidewalks, driveways, streets, and parking
lots and transports it to nearby creeks and rivers.
The planning team conducted an in depth analysis of the
City’s stormwater infrastructure. The City was divided into five
different drainage areas designated as Central, Medary, SDSU,
Southwest, and I-29S. It was found that potential flooding
impacts were greatest in the Central, SDSU, and the Medary
drainage areas. These areas were the focus of the analysis.
It was also found that infrastructure throughout the City is
generally undersized for the current storm events experienced
by the City, leading to frequent flooding.
From the analysis, key projects were identified to reduce the
potential for flood damages. These projects include upsizing key
drainage infrastructure to increase conveyance in the Central
and SDSU drainage areas, most notably within the Village
Square area. While others focus on increasing storage in the
Medary drainage area, south of 20th Street.
The management of this system has many benefits for the
community, including maintaining and improving water quality,
reducing flood risks, supporting resident safety, and lessening
damage to public and private property.
As the plan is used to guide the next ten years, key
objectives include:
• Address and reduce the potential for flooding throughout
the City
• Update a non-biased process for prioritizing
improvement projects that make responsible use of the
City’s financial resources
• Reduce the City’s impact on downstream communities
• Develop a resilient plan that addresses flooding, while
considering environmental and social benefits.
As an ever-evolving plan that can be updated as the values of
the community change, the objectives are set to guide the City
in creating a more resilient community committed to improving
water stewardship.
Title HereCity of Brookings
Master Drainage Plan
COUNCIL COUNCIL
AUGUST 13 ,2024
Plan Goals
REDUCE
FLOOD ING
ENHANCE
WATER QUALITY,
RECREATION,
AND AESTHETICS
ANNUAL PRECIPITATION TREND IN BROOKINGS,SD
Source: National Oceanic and Atmospheric Administration (NOAA)
1900 19 40 198019201960 2000 2020
0”
5”
10 ”
15”
20 ”
25”
3 0 ”
35”
4 0 ”
Architecture + Engineering + Environmental +Planning |ISGInc.com
Plan Updates
•New technologies since 2008 plan
•Evaluation of existing conditions
•Plan Recommendations:
-Improved project prioritization process
-Provides recommended projects
-Revisions to stormwater fees
-New development standards
-New inspection procedures
Note:Plan does not address Sixmile Creek (riverine flooding)
Existing Conditions
£¤14
1£¤4W B 1£¤4EB £¤14B
§¦¨29
SDSU
MED4420S1
6
I29S
Central
NorthD eerCree k
£¤14
CollegeCre ek
BigSio ux Riv ekerleCre
Sixmi
k ee
Cr
Deer
Cent ra l
Southwest Medary
£¤14
I29S
SDSU
8th St.
6th St.
20th St.Medary Ave SDrainage Areas
Flow Direction
Key
Architecture + Engineering + Environmental +Planning |ISGInc.com
For analysis, the City
was broken down
into 5 drainage areas
Community Engagement
•Multiple public engagement events
•Committee meetings
-City, SDSU, BMU officials,
and community reps
•Online survey
•November 21, 2023 Study Session
Recommended
Projects
8TH ST
EV ADN22
16THAVEUS HWY 14
LMAVE32NDAVEMEDARYAVEDRJACKRABBITAVEUNIVERSITYBLVD17THAVEOHIO5THST
7TH ST
SHAVE25THAVEJEFFERSONCAMPANILEAVE11THAVE19TH AVES14THAVEHT02AVE
CEDARAVE14 E1
ROBIN RD
HWY S HW 4 W1
ELMWOOD DR
US HWY 14B
DAKOTAST
3RD ST STATEAVE12THAVE1ST ST
VINE
OLWIEN ST
H ST
I I2299SN
21STAVEST 13THAVE15THAVEFA
E AVENORTH CAMPUS DR
GILLEYAVEIOWA ST
ST
DR
WISCONSIN ST
EASTBROOK DR
CAPITAL ST
OKA DTAAVE
PRINCEDRI29N2
YORKSHIRE DR
N92I
DAKTRONICS DRSTADIUMRDY1 USUSUUSHWY14E
SDSU Drainage Area
C
C
B
213 S
Legend
Drainage Area
Potential Major Storm
Inundation
Existing Storm Pipes
University Blvd
6th St.22ndAveA Rotary Park
I mprovement s
B Village Square
Conveyance
+ Storage
I mprovement s
C State Avenue
+ Highway 14
Storm Sewer
I mprovement s
A
Architecture + Engineering + Environmental +Planning |ISGInc.com
8TH ST
EV ADN22
16THAVEUS HWY 14
LMAVE32NDAVEMEDARYAVEDRJACKRABBITAVEUNIVERSITYBLVD17THAVEOHIO5THST
7TH ST
SHAVE25THAVEJEFFERSONCAMPANILEAVE11THAVE19TH AVES14THAVEHT02AVE
CEDARAVE14 E1
ROBIN RD
HWY S HW 4 W 1
ELMWOOD DR
US HWY 14B
DAKOTAST
3RD ST STATEAVE12THAVE1ST ST
VINE
OLWIEN ST
H ST
I I2299SN
21STAVEST 13THAVE15THAVEFA
E AVENORTH CAMPUS DR
GILLEYAVEIOWAST
ST
DR
WISCONSIN ST
EASTBROOK DR
CAPITAL ST
OKA DTAAVE
PRINCEDRI29N2
YORKSHIRE DR
N92I
DAKTRONICS DRSTADIUMRDY1 USUSUUSHWY14E
SDSU Drainage Area
C
C
B
213 S
Legend
Drainage Area
Potential Major Storm
Inundation
Existing Storm Pipes
University Blvd
6th St.22ndAveA Rotary Park
I mprovement s
B Village Square
Conveyance
+ Storage
I mprovement s
C State Avenue
+ Highway 14
Storm Sewer
I mprovement s
A
1214THAV16THAVEAIRPODIVISIO1STMAIN AVES2ND3RD AVES6TH AVESGOLDENROD TRL YOSEMITEDRMEDARYAVERD
RIDGE
8TH ST S
BLUEGILLAVE216 ST
RAPID
PASS BIRCHAVE470AVE24TH
15TH ST S
CUMBERLANDCTCOUNTY12HAWAIIDR BUFFALOTRL10TH STS
WESTERNAVE16TH AVESLARKSPURRIDGE22ND STS
MARTINBLVD SOUTH LANDLNRIO GRANDAVEGRANDARBORAVEHUNTERS RIDGE RD
FOX RUNTRLMORIARTYDR2ND STS
TRLLUTSEN CIR17TH AVES19THAVESTHUNDER PASS
RASSC IR
RIDGE
TELLURIDE LN 5TH AVES12TH STS
SHERIDANCIR8THSTSW PARKAVECALUMETRDLNELMWOODDR
11TH STS
KING ARTHUR CT
PINEAVE17THAVEFOX HILL CIR
W
YORKTOWN DR
RICSGN I
24TH STS CIRTELLURIDECIR LNGLORYE BRIARWOODCIR
REMINGTONDR
WESTMINSTERDR
22NDAVECARDINAL DRCIRCLE
ST
OLWIENST
16TH STS
MOCKINGBIRDLNMAVEONAKATRLCOPPER MOUNTAINRDAUGUSTACIRLNVAILCIR ASHAVEFOLSOMSTEDGEBROOKCIRRED TWIGDRDAVIDCOVETERESAAVE 5THST
PEBBLE BEACHCIRRHONDARDCIRFREEDOM ST
23RD STS
3RD STS
W INDERMERE
4TH STS
L E
RDEGATIR7TH ST S E H8TH AVESNAPA VALLEY ST
CRESTED BUTTE
19TH ST S
20TH ST S
SIOUXPASS
VICTORY STRI DLNG
EDR
OROLETRLCARDINALDR17TH STS FRANKLINSIOUXTRLMUSTANG PASS HEV AENITESVIARRH
E C
NR O AVEPASS
SYLVANCIRDRLNCASTLE ROCKCIRGILLEYYOSEMITE LNCEDARAVE
PASSVAILAVE AVEACE AVES472AVEEAGLEAVE I 29S471AVECASTLEWOOD DRDEERLN ROBERTSAVEWISCONSIN ST
AVE469AVESTJUSTICE
EASTBROOK DR
BROOKLAWNDRASPENAVEAVEHICKORY ST
215 ST
HILL
26TH STS DORALDRREGENCY CT SUNRISE RIDGERDSQUIRE CT
PLEASANTVIEWDRMEDARY AVESCOUNTY77Medary Drainage Area A
B
D
E
E
474A
20th St.S
Medary AveS8th Street South StorageA
B Nelson Storage +
Conveyance Improvements
C 32nd Street Storage + Upstream
Conveyance Improvements
Sawgrass Drive Storm
Sewer ImprovementsD
Parkway Boulevard
Storm Sewer ImprovementsE
C
213 ST
Legend
Drainage Area
Potential Major Storm
Inundation
Existing Storm Pipes
Architecture + Engineering + Environmental +Planning |ISGInc.com
8TH STMEDARYAVE
MAINEV A469AVEW 10TH ST
11TH ST
WESTERNAVE8TH ST S
HWY14 E
7TH ST
BIRCHAVEUNKNOWN
10TH ST S1STAVE CAMPANILEAVEAIRPORTAVEFOLSOM S T
2ND ST S
HARVEY DUNN ST
THUNDER PASS 14THAVETELLURIDE LN 6TH AVES8TH ST SW
CHRISTINEAVEMAIN AVES9TH ST
11TH STS7THAVE
ELLURIDE RST5THAVE
3RD ST12THAVE
1ST ST
FOREST ST2NDAVE4TH
ELMAVE7TH ST S3RD AVESASHAVEW
ST EST
NAVE
CI E13THRR
5TH ST
8THAVE
3RD ST S
4TH STS1ST AVESHERITAGEDR2ND AVES9THAVE8TH AVESDIVISIONAVE5TH
ST
2ND ST 13THAVECASTLE OCKCIRHENRYAVEWILSONAVEHUGHESAVEN
HAMMONDAVEHORNERAVEW
7THAVE
DR
US HWY 14 WB
US
GILLEYAVECEDARAVEPKW Y
DEERLNROBERTSAVEWI
DR
REGENCY CT STADIUMRDA
D
E
F
C
B
SOUT
LA H
N L
ND
RKA P
EV A
IN
6th St.Main Ave.S5TH AVESMedaryAve11THAVEA
Central Drainage Area
Brookings Regional
Airport Storage
B Pioneer Park
I mprovement s
C
5th Avenue Underground
Storage + Storm Sewer
Improvements
6th Street
Underground Storage
Veterans Memorial Park
+ Storm Sewer Improvements
3rd Street Storm
Sewer Improvements
D
E
F
213 S
Legend
Drainage Area
Potential Major Storm
Inundation
Existing Storm Pipes
Architecture + Engineering + Environmental +Planning |ISGInc.com
Project s
Plan Projections
•$12 million dollars worth of pro jects in the next 10 ye ars with ERU
•In the next 10 years, pro ject construction costs ra nge from $380,000 to $4,980,000
•$45 million dollars in pro jects identified in plan
Architecture + Engineering + Environmental +Planning |ISGInc.com
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034
Capital Project Name BUDGET
Green Infrastrucure Incentive for Properties 10,816 11,249 11,699 12,167 12,653 13,159 13,686 14,233 14,802 15,395 16,010
Neighborhood Improvements 180,627 187,852 195,366 203,181 211,308 219,760 228,551 237,693 247,201 257,089 267,372
32nd Street Detention - Phase I - DESIGN 541,882 - - - - - - - - - -
32nd Street Detention - Phase I - CONSTRUCTION - - - 2,442,187 2,539,875 - - - - - -
Village Square Conveyance Improvements - Phase I - DESIGN - 224,973 - - - - - - - - -
Village Square Conveyance Improvements - Phase I - CONSTRUCTION - - 1,345,337 - - - - - - - -
Village Square Conveyance Improvements - Phase III - Design 61,219 - - - - - - - - - -
Village Square Conveyance Improvements - Phase III - Construction - 381,835 - - - - - - - - -
5th Avenue Underground Storage - Phase 1 -DESIGN - - - - - - - - - 230,918 -
5th Avenue Underground Storage - Phase 1 - CONSTRUCTION - - - - - - - - - - -
Veterans Memorial Park + Storm Networks Improvements - DESIGN - - - - - 164,491 - - - - -
Veterans Memorial Park + Storm Networks Improvements - CONSTRUCTION - - - - - - - 2,105,078 - - -
Total Capital Projects 794,544 805,909 1,552,402 2,657,535 2,763,836 397,410 242,237 2,357,004 262,003 503,402 283,382
Projected
Stormwater Fee
Stormwater Utility Fee
What does it pay for?
•Maintenance of drainage infrastructure,
such as pipes, street inlets, drainage
swales, and basins
•Replacement of aging infrastructure
and new projects that reduce flooding
and improve water quality
•Personnel/Administration
•Maintenance of stormwater equipment
•Public Outreach and Education
Stormwater Fee
Current: Based On Land Use
and Area
Stormwater Fee = (Land Use Factor) x
(Parcel Area Square Feet)x
(Unit Financial Charge $/Square Feet)
LAND USE FACTOR
Cropland, public parks and golf course 1.00
Estate (single-family on 30,000 square feet or more)2.50
Highway and street right-of-way and airport 5.00
Single -family home and townhouses 7.50
Apartment buildings, mobile homes,
dormitories, and education 11.25
Industrial 17.00
Commercial 18.75
Recommended: Equivalent
Residential Unit (ERU)
•Fee based on impervious
square footage
-Infrared technology
allows calculation of
imperviousness on each lot
•Equity
-Greater imperviousness
equals higher runoff and
Infrastructure need
•Best Practice
-80% of communities in the
U.S. with a stormwater fee
use an ERU system
•Average single-family residential
impervious area = 1 ERU = 4,573
square feet
-Based on infrared flyover
•All single-family residential
properties pay 1 ERU
•Non single-family residential
property fees depend on the parcel’s
impervious area
EXAMPLE PARCEL WITH 4,573
SQUARE FEET OF IMPERVIOUS AREA
ERU in Brookings
Proposed Stormwater Fee
PEER COMMUNITY ERU?
$/MONTH FOR
SINGLE-
FAMILY
PROPERTIES
ANNUAL
INCREASE
S?
POPULATION
Sioux Falls,SD No ~$7.41 Yes,4%196,528
Cedar Falls,IA No $4.78 Yes,7%40,388
Fargo,ND Similar $5.00
Periodic
increases 126,748
Mankato,MN Similar $4.89 Unclear 44,693
Ames,IA Similar $5.20 No 66,424
Des Moines,IA Yes $15.87
Periodic
increases 212,031
Cedar Rapids,IA Yes $7.40 Yes,5%136,467
Dubuque,IA Yes $8.85 Unclear 59,119
Proposed ERU
•$6.14/month (effective 2025)
•4.24% increase to “average” single -family
residential property (last increase in 2019)
•3% annual rate increase (effective 2026)
•Generates approximately extra $300k/yr
-37% single family residential
-63%other
•Funds $12M of projects over the next
10 years
•Billed with property tax
Architecture +En gin eer in g +En vir o n m en t a l +Pla n n in g |ISG In c.co m
Example
S:\Projects\25000PROJ\25500-25599\25588CityofBrookingsMasterDrainagePlan-BrookingsSD\25588GIS\25588MapDocs\25588Workmap-ARM5.mxdPervious vs.
Impervious
Example
Brookings,SD
Friday, November 3,2023
Legend
Parcels
Impervious Cover
Pervious Cover
0 100 200
Feet
12.8 Acres
12.1 Acres Impervious
94.1%Impervious
51.0 Acres
13.0 Acres Impervious
25.5%Impervious
Current Annual Bill =$23,604
Proposed Annual Bill
=$9,351.47
Current Annual Bill =$6,723
Proposed Annual Bill
=$8,670.66
Water Quality
Water Quality Incentive Program
2024 Pilot Project
•Rain barrels –91 barrels sold and distributed
•Native plantings –Issued 40 vouchers
Potential Expansion of Program in Future
•Rain gardens
•Soil quality restoration
•Permeable pavers
|
Development
Standards and
Inspection Procedures
Development Standards and Inspection
Procedures
|ISGInc.com
Summary
Architecture + Engineering + Environmental +Planning ISGInc.com
The Plan
•Guiding document for future stormwater
improvements and development standards
•Improves resiliency against flood risk
•Provides recommendations to accelerate
practices that improve water quality
•Improves sustainability and protection of
our watersheds
ERU FEE
•Improves equity
•Ensures funding for $12M in projects for
next 10 years
Summar y
|
Title HereCity of Brookings
Master Drainage Plan
COUNCIL COUNCIL
AUGUST 13 ,2024
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 24-077,Version:1
Action on Resolution 24-077, a Resolution Awarding Bids on Project 2024-05STI Structure No. 06-
160-152 Replacement.
Summary and Recommendation:
Staff recommends approval of the proposed resolution awarding the 2024-05STI Structure No. 06-
160-152 Replacement Project to Austreim Excavating, LLC, Brookings SD, for the low bid of
$166,489.94. The low bid is approximately 22% lower than the engineer’s estimate of $213,420.00.
The project will be completed by the end of October 2024.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 8/7/2024Page 1 of 1
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City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: August 13, 2024
Subject: Resolution 24-077: Bid Award on 2024-05STI Structure No.
06-160-152 Replacement Project
Presenter: Charlie Richter, City Engineer
Summary:
Staff recommends approval of the proposed resolution awarding the bid for the 2024-
05STI Structure No. 06-160-152 Replacement Project to Austreim Excavating, LLC,
Brookings, SD for the low bid of $166,489.94. The low bid is approximately 22% lower
than the engineer’s estimate of $213,420.00. The project will be completed by the end
of October 2024.
Item Details:
As required by South Dakota Department of Transportation (DOT), all four bridges in
the City are required to be inspected every two years. During the 2023 inspection the
northern bridge on Western Avenue was downgraded from fair condition to poor. The
City then applied and received a Bridge Improvement Grant from DOT to perfo rm a
preliminary design for the replacement of the bridge and in the spring of 2024, the City
hired Civil Design, Inc., to finalize the bridge replacement plans.
The bridge replacement will include the removal of the existing structure and installation
of three 30” culverts. This design minimizes costs and provides the needed flow
capacity at this crossing.
A bid letting for this project was held on Tuesday, August 6, 2024 and the City received
the following bids:
2024-05STI Structure No. 06-160-152 Replacement Project
Bid Amount Engineer’s Estimate
Austreim Excavating, LLC $166,489.94 $213,420.00
DeBoer Construction, Inc. $169,996.50
Bowes Construction, Inc. $180,288.80
Meyer Services, Inc. $255,424.00
The total low bid of Austreim Excavating, LLC, in the amount of $166,489.94 is
approximately 22% lower than the engineer’s estimate of $213,420.00.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility - The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
The City will enter into a contract with Austreim Excavating, LLC, for the total low bid
amount of $166,489.94. Sufficient appropriations exist in the adopted Fiscal Year 2024
budget in Fund 282 - Storm Drainage.
Supporting Documentation:
Resolution
Map
RESOLUTION 24-077
RESOLUTION ACCEPTING BIDS ON PROJECT 2024-05STI
STRUCTURE NO. 06-160-152 REPLACEMENT
WHEREAS, the City of Brookings opened bids for Project 2024-05STI Structure No. 06-
160-152 Replacement on Tuesday, August 6, 2024 at 1:30 pm at the Brookings City &
County Government Center; and
WHEREAS, the City of Brookings received the following low bid for the 2024-05STI
Structure No. 06-160-152 Replacement Project from Austreim Excavating, LLC, in the
amount of $166,489.94; and
WHEREAS, the low bid was approximately 22% lower than the Engineer’s Estimate.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the low bid of $166,489.94 for Austreim Excavating, LLC. be accepted.
2. The City Manager is authorized to sign the contract documents for this project.
Passed and Approved this 13th day of August, 2024.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, 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 #:ORD 24-025,Version:1
Introduction and First Reading on Ordinance 24-025, an Ordinance Authorizing Budget Amendment
No. 8 to the 2024 Budget. Second Reading and Action: August 27, 2024.
Summary and Recommended Action:
Staff requests Council approval on this budget amendment. This amendment transfers $500,000
from the General Fund and increases the 2024 Other Capital budget in the CIP/2 nd Penny Sales Tax
Fund by $3,166,168 for the Energy Savings Performance Contract with Ameresco authorized by
Resolution 24-022.
Attachments:
Memo
Ordinance
City of Brookings Printed on 8/8/2024Page 1 of 1
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City Council Agenda Item Memo
From: Ashley Rentsch, Finance Director
Council Meeting: August 13, 2024 / August 27, 2024
Subject: Ordinance 24-025: Amendment No. 8 to the 2024 Budget
Presenter: Ashley Rentsch, Finance Director
Summary:
Staff requests Council approval on this budget amendment. This amendment transfers
$500,000 from the General Fund and increases the 2024 Other Capital budget in the
CIP/2nd Penny Sales Tax Fund by $3,166,168 for the Energy Savings Performance
Contract with Ameresco authorized by Resolution 24-022.
Item Details:
City of Brookings Staff continually monitors departmental budgets and brings
amendments to the City Council as necessary to account for circumstances not
anticipated in the originally adopted appropriation ordinance. This ensures compliance
with state and local laws and maintains transparency regarding the City’s operational
needs.
The City’s Chief Building Official, Jared Thomas, has been working with Ameresco over
the past year to develop a scope of capital projects that promote energy efficiency
across all City facilities. The scope of work includes five (5) projects: citywide LED
lighting conversion, HVAC equipment upgrades at the East Fire Station, Larson Ice
Center, and Dacotah Bank Center; window and door upgrades at Larson Ice Center and
the Dacotah Bank Center; Fire alarm at Larson Ice Center; and roof replacement at
East Fire Station.
All projects in the scope of work had been considered in the existing 10-Year Capital
Improvement Plan (CIP). Citywide LED lighting had been removed from the
departmental CIP budgets with the intention of combining them into one CIP line item
for this project. The total project cost per the contract is $3,356,149. This amendment
moves all projects up to 2024-2025, including $3,166,168 in the 2024 budget and the
remaining $189,981 to be added to the 2025 budget. This amendment also includes a
contribution of $500,000 from the General Fund to account for energy and maintenance
savings in the General Fund to be realized as a result of the project.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
This amendment will increase the 2024 Capital Improvement Plan/2nd Penny Sales Tax
Fund expenditure budget by $3,166,168 and transfer a contribution of $500,000 from
the General Fund.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss / take no action / table
Staff recommends approval.
Supporting Documentation:
Memo
Ordinance
ORDINANCE 24-025
AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 8
TO THE 2024 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 comes due.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be
authorized to make the following budget adjustments to the 20 24 budget:
Fund/Department Account Description
Budget
Increase/(Decrease)
General Fund/Non-
Departmental
101-000-7-899-05 Transfer Out to CIP Fund $ 500,000
CIP Fund 213-000-6-700-00 Transfer In from General Fund $ 500,000
CIP Fund 213-000-5-940-00 Other Capital $ 3,166,168
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: August 13, 2024
SECOND READING: August 27, 2024
PUBLISHED: August 30, 2024
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, 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 #:ORD 24-026,Version:1
Introduction and First Reading on Ordinance 24-026, an Ordinance Amending Chapter 82 of the
Code of Ordinances of the City of Brookings and Pertaining to the Covering of Vehicle Loads in the
City of Brookings. Public Hearing and Action: August 27, 2024.
Summary and Recommended Action:
Staff recommends approval of Ordinance 24-026 amending Chapter 82, Section 567 - Covering of
vehicle loads; spillage. The amendment addresses a clerical error in the existing code and clarifies
exemptions to include County highway vehicles.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
City of Brookings Printed on 8/8/2024Page 1 of 1
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City Council Agenda Item Memo
From: John R. Thompson, Public Works Director
Council Meeting: August 13, 2024 / August 27, 2024
Subject: Ordinance 24-026: Amending Chapter 82 of the Code of
Ordinances of the City of Brookings
Presenter: John R. Thompson, Public Works Director
Summary:
Staff recommends approval of Ordinance 24-026 amending Chapter 82, Section 567 -
Covering of vehicle loads; spillage. The amendment addresses a clerical error in the
existing code and clarifies exemptions to include County highway vehicles.
Item Details:
Chapter 82, Section 567 – Covering of vehicle loads; spillage, was revised in 2013. The
revision contained a clerical error which was not noticed until recently. The proposed
amendment removes the clerical error and adds language to clarify exemptions to the
code to include County highway vehicles.
Legal Consideration:
The City Attorney has reviewed the proposed amendment .
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the community
can safely live, work and come together to participate in opportunities for learning,
recreation and enjoyment.
Financial Consideration:
None.
Supporting Documentation:
Ordinance – marked
Ordinance – clean
ORDINANCE NO. 24-026
AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO THE COVERING OF
VEHICLE LOADS IN THE CITY OF BROOKINGS.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
THAT SECTION 82-567 of the Code of Ordinances and pertaining to covering of vehicle loads
is hereby amended to read as follows:
Section 82-567. Covering of vehicle loads; spillage.
(a) No person may drive or move a vehicle on a street or highway unless the vehicle is so
constructed or loaded as to prevent its contents from dropping, sifting, leaking, blowing off,
or otherwise escaping from the vehicle. This requirement does not apply to a vehicle
transporting agricultural or horticultural products when hay, straw, silage or residue from a
product, but not including the product itself, or when materials such as water used to
preserve and handle agricultural or horticultural products while in transportation, escape
from the vehicle in an amount that does not interfere with other traffic on the highway. The
tailgate, faucets and taps on a vehicle shall be securely closed to prevent spillage during
transportation, whether the vehicle is loaded or empty, and the vehicle must not have any
holes or cracks through which material can escape. Any County highway or City
maintenance vehicle engaged in either ice, snow or waste removal or citywide cleanup or
emergency operations shall be exempt from this section.
(b) Actual spillage of material on a street or highway or proof of that spillage is not necessary
to prove a violation of this section.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: August 13, 2024
SECOND READING: August 27, 2024
PUBLISHED:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ORDINANCE NO. 24-_____24-026
AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO THE COVERING OF
VEHICLE LOADS IN THE CITY OF BROOKINGS.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
That Section 82-567 of the Code of Ordinances and pertaining to covering of vehicle loads is
hereby amended to read as follows:
Sec. 82-567. Covering of vehicle loads; spillage.
(a) No person may not drive or move a vehicle on a street or highway unless the vehicle is so
constructed or loaded as to prevent its contents from dropping, sifting, leaking, blowing off,
or otherwise escaping from the vehicle. This requirement does not apply to a vehicle
transporting agricultural or horticultural products when hay, straw, silage or residue from a
product, but not including the product itself, or when materials such as water used to
preserve and handle agricultural or horticultural products while in transportation, escape
from the vehicle in an amount that does not interfere with other traffic on the highway. The
tailgate, faucets and taps on a vehicle shall be securely closed to prevent spillage during
transportation, whether the vehicle is loaded or empty, and the vehicle must not have any
holes or cracks through which material can escape. Any County highway or City of
Brookings maintenance vehicle engaged in either ice, snow or waste ice/snow removal or
citywide cleanup or emergency operations shall be exempt from this section.
(b) Actual spillage of material on a street or highway or proof of that spillage is not necessary
to prove a violation of this section.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: August 13, 2024
SECOND READING: August 27, 2024
PUBLISHED:
CITY OF BROOKINGS, SD
ATTEST: Oepke G. Niemeyer, 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 #:ORD 24-027,Version:1
Introduction and First Reading on Ordinance 24-027, an Ordinance Amending Articles I & II of
Chapter 72 - Storm Drainage, of the Code of Ordinances of the City of Brookings, South Dakota.
Public Hearing and Action: August 27, 2024.
Summary and Recommended Action:
The recent update to the City’s Master Drainage Plan (Plan) recommends revisions to the City’s
Storm Drainage Fee. The current drainage fee, which was established in 1985, bases the fee on
land use. To provide a more equitable means of calculating this fee, the Plan recommends using an
Equivalent Residential Unit (ERU). An ERU bases the fee on the average impervious for a
residential parcel. All residential parcels will be assessed one ERU, while commercial and industrial
lots will be assessed based on the amount of impervious coverage.
Staff recommends approval of the proposed ordinance amendment.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
City of Brookings Printed on 8/8/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: August 13, 2024 / August 27, 2024
Subject: Ordinance 24-027: Revision to the Storm Drainage
Ordinance
Presenter: Charlie Richter, City Engineer
Summary:
The recent update to the City’s Master Drainage Plan (Plan) by ISG from Des Moines,
IA, recommended revisions to the City’s Storm Drainage Fee to a more equitable
system for property owners. The proposed switch to the Equivalent Residential Unit
(ERU) system will base the fee on the actual impervious coverage on each parcel
versus the existing system that estimates the impact on land use. The proposed ERU
system provides more equity and is recommended by staff.
Item Details:
The City currently has a storm drainage ordinance which dates back to 1985. This
ordinance identifies, among other things, how the Storm Drainage Fee is to be
calculated. The Storm Drainage Fee pays for the following: maintenance and
replacement of drainage infrastructure; new projects which reduce flooding and improve
water quality; personnel / administration; maintenance of stormwater equipment; and
public education and outreach.
At the time the Storm Drainage Ordinance was adopted, the City based the fee
structure on a similar system used by other South Dakota municipalities that equates
land-use to their stormwater impact on the community. The land-use categories identify
the runoff factor used to estimate the relative volume of stormwater runoff generated
from a parcel. These categories tend to under or overestimate the runoff volume
generated by parcels.
Technological advancements since 1985 warrant adjustments to the City’s Storm
Drainage Fee structure. These advancements allow communities to utilize infra-red
technology to identify and quantify impervious coverage on each parcel and provide a
more equitable system to calculate storm drainage fees. A fee based on the ERU
correlates the amount of actual impervious area on a lot to the runoff volume it
produces. Over 80% of communities across the country use a ERU based system to
calculate drainage fees.
Staff presented the findings of the Plan to City Council at a November 2023 Study
Session, which outlined the proposed revision to the Storm Drainage Fee and impacts.
Staff is recommending a transition to the ERU system this year. If approved, property
owners will realize the new fee on their 2025 property tax billing.
Legal Consideration:
The City Attorney has reviewed the ordinance amendment.
Strategic Plan Consideration:
Fiscal Responsibility – This ordinance revision will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
The recommended monthly ERU is $6.14 ($73.68/year). This equates to a 4.24%
increase to the “average” single-family residential property. Industrial and commercial
lots will be charged the base on the actual impervious area for that parcel.
The proposed ERU of $6.14/month, along with a 3% annual increase, is projected to
generate sufficient funding over the next 10 years to design and construct $12 million in
stormwater related capital projects, along with annual operations and maintenance
costs, increased public outreach and education, and implementation of green
infrastructure programs.
Supporting Documentation:
Ordinance - clean
Ordinance - marked
Legal Notice
Page 1 of 8
ORDINANCE NO. 24-027
AN ORDINANCE AMENDING CHAPTER 72 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO STORM DRAINAGE.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
THAT CHAPTER 72, ARTICLE I. and II. of the Code of Ordinances and pertaining to Storm
Drainage is hereby amended to read as follows:
ARTICLE 1. – IN GENERAL
Sec. 72-1. Title.
These regulations may be referred to as the "Storm Drainage Ordinance" of the City of
Brookings and the area of extraterritorial jurisdiction.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-2. Purpose.
The purpose of this chapter is to provide for the health, safety and general welfare of the
City of Brookings with respect to storm drainage to the maximum extent practicable and as
required by federal and state law by:
(1) Establishing methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (hereinafter referred to as the "MS4") in order to comply
with requirements of the National Pollutant Discharge Elimination System (NPDES)
permit process.
(2) Prohibiting illicit connections and discharges to the municipal separate storm sewer
system (MS4).
(3) Establishing legal authority for the City of Brookings to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with this
chapter.
(4) Establishing a drainage fee structure for funding public storm drainage infrastructure
improvements within the City of Brookings.
(5) Establishing stormwater design standards for the City of Brookings.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-3. Authority.
In accordance with the South Dakota Water Pollution Control Act and the Administrative
Rules of South Dakota (ARSD) Chapters 74:52:01 through 74:52:11, and any other authority
Page 2 of 8
provided by law or as such statutes may be amended, the city does hereby exercise the power and
authority with respect to storm drainage in the city and for the area of extraterritorial jurisdiction.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-4. Inspections by authorized city staff.
As part of the city's stormwater pollution detection and elimination program, the city
engineer or designee reserves the right to inspect and monitor all facilities which discharge into
the MS4. All inspections may be documented and may include photographs of violations and
potential problem areas.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-5. Definitions.
The following words and phrases used in this chapter are defined below:
Best management practices (BMPs) mean various activities, prohibitions of practices,
maintenance procedures and other management practices, either structural or non-structural, for
the purpose of preventing or reducing the discharge of pollutants to the municipal stormwater
system and/or waters of the state. Examples of structural BMPs may include permanent detention
or retention ponds constructed to control and minimize stormwater runoff rates and volumes and
to prevent, control, and minimize stormwater pollution. Non-structural BMPs may include
ongoing treatment requirements, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may
also be temporary, such as BMPs put into place during construction and maintained until the site
is permanently stabilized.
Clean Water Act (CWA) means the 1972 amendment to the Federal Pollution Control Act
which provides the statutory basis for the NPDES permit program and the basic structure for
regulating the discharge of pollutants from point sources to waters of the United States.
Concrete washout means any wash waters derived from the cleaning of concrete trucks
and/or equipment.
Control measures means any BMP or other method used to minimize erosion and
sedimentation, and thereby minimize the discharge of pollutants to waters of the state.
Detention basin means a structure or facility, natural or artificial, which stores stormwater
on a temporary basis and releases it at a controlled rate.
Development means a parcel of land or two or more contiguous parcels of land where
grading work is performed as a single unified operation on an area equal to or greater than one
acre.
Disturbed area means an area of land subjected to erosion due to the removal of vegetative
cover and/or earthmoving activities, including unstabilized fill and soil stockpiles.
Drainage way means any channel or conduit that conveys stormwater runoff.
Page 3 of 8
Equivalent Residential Unit (ERU) means the average impervious area for a residential
property. The square footage of an equivalent residential unit is deemed to be 4,573 square feet.
ERU financial charge means the unit financial charge established by resolution of the City
Council.
Final stabilization means one of the following:
(1) All soil disturbing activities at the site have been completed and a uniform perennial
vegetative cover with a density of 70 percent of the native cover for unpaved areas and
areas not covered by permanent structures has been established, or equivalent
permanent stabilization measures (such as the use of gravel, riprap, gabions,
geotextiles, etc.) have been employed; or
(2) When background native vegetation will cover less than 100 percent of the ground
(e.g., arid areas, beaches), the 70 percent coverage criteria is adjusted as follows: if the
native vegetation covers 50 percent of the ground, 70 percent of 50 percent (0.70 ×
0.50 = 0.35) would require 35 percent total cover for final stabilization. On sites with
no natural vegetation, no vegetative stabilization is required; or
(3) For construction projects on land used for agricultural purposes, final stabilization may
be accomplished by returning the disturbed land to its pre-construction agricultural use.
Areas disturbed that were not previously used for agricultural activities, such as buffer
strips immediately adjacent to waters of the state, and areas that are not being returned
to their pre-construction agricultural use shall meet the final stabilization criteria in
subsections (1) or (2) immediately above.
Flood means an overflow of surface water onto lands not normally covered by water.
Floodplain means the area of land adjoining a lake or stream which is inundated when the
flow of water exceeds the capacity of the normal feature. For mapping purposes, floodplains are
designated according to the frequency of the flood event, such as the 100-year floodplain (one
percent chance of occurrence in any given year) or the 500-year floodplain (0.2 percent chance
of occurrence in any given year).
General stormwater permit means the South Dakota Department of Environment and
Natural Resources (SD DENR) general National Pollutant Discharge Elimination System
(NPDES) Construction Stormwater Permit covering anyone conducting a land disturbing activity
which disturbs one or more acres of land.
Grading means any stripping, clearing, stumping, excavating, filling, stockpiling, or any
combination thereof, including the land in its excavated or filled condition.
Grading permit means a permit obtained from the City of Brookings to perform a land
disturbance activity.
Infiltration means the downward movement or seepage of water from the surface into the
subsoil and/or groundwater. The infiltration rate is typically expressed in terms of inches per
hour.
Illicit discharge means any direct or indirect, continuous or intermittent discharge to the
MS4, except as exempted in article III of this chapter that is not composed entirely of
Page 4 of 8
stormwater, and has not been authorized under a discharge permit issued by the State of South
Dakota.
Illicit connections means either of the following:
(1) Any drain, conveyance, or component of an MS4 (as defined below), whether on the
surface or subsurface, which allows an illicit discharge to enter the storm drainage
system, including, but not limited to, any conveyances which allow any non-
stormwater discharge including sewage, process wastewater and wash water to enter
the storm drainage system; or
(2) Any connections to the storm drainage system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized agency.
Infiltration means the process of percolating stormwater into the subsoil.
Jurisdictional wetland, or wetland means an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation.
Land disturbing activity is any land change that may result in soil erosion from wind, water
or melting, resulting in the movement of sediments into or upon waters, lands, or rights-of-way
within the City of Brookings, including but not limited to building demolition, clearing and
grubbing, grading, excavating, transporting and filling of land.
Larger common plan of development or sale means a contiguous area of one (1) or more
acres where multiple, separate and distinct construction activities are anticipated to occur at
different times on different schedules under one plan, commonly referred to as a "development".
Individual lots within the development which are sold to another party for the purpose of
construction are still considered part of the "Larger Common Plan of Development" even after
the sale.
Municipal separate storm sewer system ("MS4") is defined in 40 CFR § 122.26(b)(8) and
herein to mean a conveyance or system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, swales, manmade channels or storm
drains) which are:
(1) Owned and operated by a state, city, town, county, district, association, or other public
body having jurisdiction over disposal of sewage, industrial wastes, stormwater or
other wastes, including special districts under state law such as a sewer district, flood
control district, or drainage district or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management agency under
section 208 of the Clean Water Act (CWA) that discharges to waters of the United
States; and
(2) Designed or used for collecting or conveying stormwater; and
(3) Not a combined sewer; and
(4) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR §122.2.
Page 5 of 8
Municipality means a city, town, district, sanitary district, or other public body created by or
under state law with jurisdiction over the disposal of sewage, industrial wastes or other wastes.
Nonpoint source means a source of pollution that is not defined as a point source by the
Environmental Protection Agency (EPA).
Non-stormwater discharge means any discharge to the storm drain system that is not
composed entirely of stormwater.
Notice of intent ("NOI") means an SDDENR form that must be filed by anyone disturbing
one or more acres of land prior to the commencement of any land disturbing activity in order to
be covered by the SDDENR general permit.
Notice of termination ("NOT") means an SDDENR form that must be filed after final
stabilization of any land disturbing activity that was covered by the SDDENR general permit.
The NOT notifies the SDDENR that permitted coverage is no longer required and that the site
has been permanently stabilized.
NPDES or National Pollutant Discharge Elimination System means an EPA permit program
that controls water pollution by regulated point sources that discharge pollutants into waters of
the United States.
Phasing means clearing a parcel of land in distinct phases, with the stabilization of each
phase completed before the clearing of the next phase.
Point source (as also defined by the EPA) means any discernible, confined and discrete
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating
craft from which pollutants are or may be discharged. This term does not include agricultural
stormwater discharges and return flows from irrigated agriculture.
Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, sewage sludge,
garbage, trash, munitions, chemical wastes, biological material, radioactive material, heat,
wrecked or discarded equipment, rock, sand, cellar dirt or any industrial, municipal or
agricultural waste discharged into waters of the state.
Receiving body of water means any lake, pond, creek, wetland or groundwater into which
stormwater runoff and conveyance systems are directed.
Responsible party means the person, developer or contractor who is responsible for
performing all provisions and requirements of a grading permit or SDDENR stormwater
discharge permit for construction activities, or the person or entity who is responsible for
industrial or commercial discharges into an MS4.
Sediment means mineral or organic solid particulate matter that has been removed from its
point of origin by soil erosion, suspension in water or wind, or water transport.
Sediment control means BMP's that prevent eroded sediment from leaving the site.
Soil erosion means the wearing away of land by the action of wind, water, gravity or a
combination thereof.
Stabilization means the use of practices (BMP's) that prevent exposed soil from eroding.
Page 6 of 8
Stormwater means water runoff, including snow and ice melt, which is the direct result of a
precipitation event.
Stop work order means a notice issued by the city engineer or the city's designated
representative, or a state or federal agency to a person, permittee, contractor, developer or
property owner to immediately cease construction, grading or development activities.
Stormwater pollution prevention plan ("SWPPP") means a site-specific plan which
identifies potential sources of stormwater pollution at a construction site and specifies structural
and nonstructural controls (BMP's) that will be in place to minimize negative impacts caused by
stormwater discharges associated with construction activity.
Stripping means any activity which removes or significantly disturbs the vegetative surface
cover, including clearing and grubbing operations.
Total maximum daily load ("TMDL") means the maximum daily sum total of the individual
waste load allocations (WLAs) for point sources, the load allocations (LAs) for nonpoint sources
and the natural background levels of pollutants that a watercourse can receive while still meeting
federal or state water quality standards. TMDLs can be expressed in terms of either mass per
time, toxicity, or other appropriate measure.
Vegetative cover means grasses, shrubs, trees and other vegetation which hold and stabilize
soils.
Watercourse or waterway means any body of water, including, but not limited to, lakes,
ponds, rivers, streams, and bodies of water delineated by the city, state or federal governments.
Waters of the state means all waters within the jurisdiction of the State of South Dakota,
including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways,
wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of
water, surface and underground, natural or artificial, public or private, situated wholly or partly
within or bordering upon the State of South Dakota.
Water of the United States means all waters as defined in 40 CFR § 230.3(s).
(Ord. No. 21-10, 6-8-2010; Ord. No. 17-031, 1-9-2018)
Secs. 72-6—72-16. Reserved.
ARTICLE II. STORM DRAINAGE FEE
Sec. 72-17. Fee.
(a) The purpose of this chapter is to establish a charge against real property within the City for
the operation, maintenance, public education, and capital expenses of the storm sewer and
drainage system.
(b) Annual fee; basis. All parcels within the city shall be charged an annual fee for the
operation, maintenance, public education, and capital improvements of the storm sewer and
drainage system. The fee for each such property shall be based on the impervious lot area,
and an Equivalent Residential Unit (ERU) financial charge. The storm drainage fee is
Page 7 of 8
determined as follows: a) Single family parcels will be charged a storm drainage fee based
on 1 ERU; b) For all other parcels the storm drainage fee shall equal the impervious area (in
square feet) divided by 4,573(ERU)) multiplied by the ERU financial charge (in dollars per
ERU). Each parcel will be charged a storm drainage fee based on a minimum of 1 ERU.
(c) Exemptions: parcels that do not convey stormwater runoff to a MS4 as determined by the
City Engineer are exempt from paying the annual storm drainage fee.
(d) Request for site study. Upon written request and payment of the processing fee by a
property owner, a site study will be conducted by the City Engineering Division to
determine the amount of impervious area a parcel contains and the appropriate fee. This
written request must be submitted to the City Engineer on or before February 1 of the year
the fees are charged to the subject land parcel. The site study will include a calculation of
the impervious area for the subject parcel which contributes stormwater runoff to the MS4.
If after completion of a site study, the storm drainage fee is determined to be incorrect, the
property owner will be eligible to request an amended property tax bill. No refunds of the
storm drainage fee will be issued for previous years.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-18. Collection.
The storm drainage fee established in section 72-17 shall be an annual charge. The first one-
half of such fee is due on or by April 30 and the second one-half is due on or by October 30 of
the same year, payable at the office of the county finance department..
(Ord. No. 21-10, 6-8-2010)
Sec. 72-19. Fund established.
The drainage fees paid to the city shall be maintained in a separate fund to be known as the
drainage and storm sewer fund. This fund shall be used to pay the cost of financing the
operation, public education, maintenance or construction of the drainage and storm sewer
system.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-20. Annual review.
The ERU financial charge may be reviewed annually and revised as necessary so that
revenues are reasonably in balance with anticipated expenditures. Excess funds may be carried
forward from year to year in order to build sufficient funds for large drainage construction
projects which are scheduled or programmed for the near future, and to provide sufficient monies
for unanticipated repairs, public education, replacements or maintenance of the MS4.
(Ord. No. 21-10, 6-8-2010)
Page 8 of 8
Secs. 72-21—72-31. Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: August 13, 2024
SECOND READING: August 27, 2024
PUBLISHED:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Page 1 of 9
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 72 OF THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS AND PERTAINING TO STORM DRAINAGE.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
THAT CHAPTER 72, ARTICLE I. and II. of the Code of Ordinances and pertaining to Storm
Drainage is hereby amended to read as follows:
Sec. 72-1. Title.
These regulations may be referred to as the "Storm Drainage Ordinance" of the City of Brookings and the
area of extraterritorial jurisdiction.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-2. Purpose.
The purpose of this chapter is to provide for the health, safety and general welfare of the City of Brookings
with respect to storm drainage to the maximum extent practicable and as required by federal and state law by:
(1) Establishing methods for controlling the introduction of pollutants into the municipal separate storm
sewer system (hereinafter referred to as the "MS4") in order to comply with requirements of the
National Pollutant Discharge Elimination System (NPDES) permit process.
(2) Prohibiting illicit connections and discharges to the municipal separate storm sewer system (MS4).
(3) Establishing legal authority for the City of Brookings to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this chapter.
(4) Establishing a drainage fee structure for funding public storm drainage infrastructure improvements
within the City of Brookings.
(5) Establishing stormwater design standards for the City of Brookings.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-3. Authority.
In accordance with the South Dakota Water Pollution Control Act and the Administrative Rules of South
Dakota (ARSD) Chapters 74:52:01 through 74:52:11, and any other authority provided by law or as such statutes
may be amended, the city does hereby exercis e the power and authority with respect to storm drainage in the city
and for the area of extraterritorial jurisdiction.
(Ord. No. 21-10, 6-8-2010)
Page 2 of 9
Sec. 72-4. Inspections by authorized city staff.
As part of the city's stormwater pollution detection and elimination program, the city engineer or designee
reserves the right to inspect and monitor all facilities which discharge into the MS4. All inspections may be
documented and may include photographs of violations and potential problem areas.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-5. Definitions.
The following words and phrases used in this chapter are defined below:
Best management practices (BMPs) mean various activities, prohibitions of practices, maintenance
procedures and other management practices, either structural or non-structural, for the purpose of preventing or
reducing the discharge of pollutants to the municipal stormwater system and/or waters of the state. Examples of
structural BMPs may include permanent detention or retention ponds constructed to control and minimize
stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollution. Non -structural
BMPs may include ongoing treatment requirements, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may also be temporary,
such as BMPs put into place during construction and maintained until the site is permanently stabilized.
Clean Water Act (CWA) means the 1972 amendment to the Federal Pollution Control Act which provides the
statutory basis for the NPDES permit program and the basic structure for regulating the discharge of pollutants
from point sources to waters of the United States.
Concrete washout means any wash waters derived from the cleaning of concrete trucks and/or equipment.
Control measures means any BMP or other method used to minimize erosion and sedimentation, and
thereby minimize the discharge of pollutants to waters of the state.
Detention basin means a structure or facility, natural or artificial, which stores stormwater on a temporary
basis and releases it at a controlled rate.
Development means a parcel of land or two or more contiguous parcels of land where grading work is
performed as a single unified operation on an area equal to or greater than one acre.
Disturbed area means an area of land subjected to erosion due to the removal of vegetative cover and/or
earthmoving activities, including unstabilized fill and soil stockpiles.
Drainage way means any channel or conduit that conveys stormwater runoff.
Equivalent Residential Unit (ERU) means the average impervious area for a residential property. Theis square
footage of an equivalent residential unit is deemed to shall be 4,573 square feet.
ERU financial charge means the unit financial charge established by resolution of the Ccity cCouncil.
Final stabilization means one of the following:
(1) All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover
with a density of 70 percent of the native cover for unpaved areas and areas not covered by
permanent structures has been established, or equivalent permanent stabilization measures (such as
the use of gravel, riprap, gabions, geotextiles, etc.) have been employed; or
(2) When background native vegetation will cover less than 100 percent of the ground (e.g., arid areas,
beaches), the 70 percent coverage criteria is adjusted as follows: if the native vegetation covers 50
percent of the ground, 70 percent of 50 percent (0.70 × 0.50 = 0.35) would require 35 percent total
cover for final stabilization. On sites with no natural vegetation, no vegetative stabil ization is required;
or
Page 3 of 9
(3) For construction projects on land used for agricultural purposes, final stabilization may be
accomplished by returning the disturbed land to its pre-construction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer strips immediately adjacent to
waters of the state, and areas that are not being returned to their pre-construction agricultural use
shall meet the final stabilization criteria in subsections (1) or (2) immediatel y above.
Flood means an overflow of surface water onto lands not normally covered by water.
Floodplain means the area of land adjoining a lake or stream which is inundated when the flow of water
exceeds the capacity of the normal feature. For mapping pu rposes, floodplains are designated according to the
frequency of the flood event, such as the 100-year floodplain (one percent chance of occurrence in any given year)
or the 500-year floodplain (0.2 percent chance of occurrence in any given year).
General stormwater permit means the South Dakota Department of Environment and Natural Resources (SD
DENR) general National Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit covering
anyone conducting a land disturbing activity which disturbs one or more acres of land.
Grading means any stripping, clearing, stumping, excavating, filling, stockpiling, or any combination thereof,
including the land in its excavated or filled condition.
Grading permit means a permit obtained from the City of Brookings to perform a land disturbance activity.
Infiltration means the downward movement or seepage of water from the surface into the subsoil and/or
groundwater. The infiltration rate is typically expressed in terms of inches per hour.
Illicit discharge means any direct or indirect, continuous or intermittent discharge to the MS4, except as
exempted in article III of this chapter that is not composed entirely of stormwater, and has not been authorized
under a discharge permit issued by the State of South Dakota.
Illicit connections means either of the following:
(1) Any drain, conveyance, or component of an MS4 (as defined below), whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drainage system, including, but not
limited to, any conveyances which allow any non-stormwater discharge including sewage, process
wastewater and wash water to enter the storm drainage system; or
(2) Any connections to the storm drainage system from indoor drains and sinks, regard less of whether said
drain or connection had been previously allowed, permitted, or approved by an authorized agency.
Infiltration means the process of percolating stormwater into the subsoil.
Jurisdictional wetland, or wetland means an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as hydrophytic vegetation.
Land disturbing activity is any land change that may result in soil erosion from wind, water or melting,
resulting in the movement of sediments into or upon waters, lands, or rights -of-way within the City of Brookings,
including but not limited to building demolition, clearing and grubbing, grading, excavating, transporting and filling
of land.
Larger common plan of development or sale means a contiguous area of one (1) or more acres where
multiple, separate and distinct construction activities are anticipated to occur at different times on different
schedules under one plan, commonly referred to as a "development". Individual lots within the development
which are sold to another party for the purpose of construction are still considered part of the "Larger Common
Plan of Development" even after the sale.
Municipal separate storm sewer system ("MS4") is defined in 40 CFR § 122.26(b)(8) and herein to mean a
conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, swales, manmade channels or storm drains) which are:
Page 4 of 9
(1) Owned and operated by a state, city, town, county, district, association, or other public body having
jurisdiction over disposal of sewage, industrial wastes, stormwater or other was tes, including special
districts under state law such as a sewer district, flood control district, or drainage district or similar
entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under section 208 of the Clean Water Act (CWA) that discharges to waters of the
United States; and
(2) Designed or used for collecting or conveying stormwater; and
(3) Not a combined sewer; and
(4) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR §122.2.
Municipality means a city, town, district, sanitary district, or other public body created by or under state law
with jurisdiction over the disposal of sewage, industrial was tes or other wastes.
Nonpoint source means a source of pollution that is not defined as a point source by the Environmental
Protection Agency (EPA).
Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of
stormwater.
Notice of intent ("NOI") means an SDDENR form that must be filed by anyone disturbing one or more acres of
land prior to the commencement of any land disturbing activity in order to be covered by the SDDENR general
permit.
Notice of termination ("NOT") means an SDDENR form that must be filed after final stabilization of any land
disturbing activity that was covered by the SDDENR general permit. The NOT notifies the SDDENR that permitted
coverage is no longer required and that the site has been permanently stabilized.
NPDES or National Pollutant Discharge Elimination System means an EPA permit program that controls water
pollution by regulated point sources that discharge pollutants into waters of the United States.
Phasing means clearing a parcel of land in distinct phases, with the stabilization of each phase completed
before the clearing of the next phase.
Point source (as also defined by the EPA) means any discernible, confined and discrete conveyance, including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation or vessel or other floating craft from which pollutants are or may be
discharged. This term does not include agricultural stormwater discharges and return flows from irrigated
agriculture.
Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash,
munitions, chemical wastes, biological material, radioactive material, heat, wrecked or di scarded equipment, rock,
sand, cellar dirt or any industrial, municipal or agricultural waste discharged into waters of the state.
Receiving body of water means any lake, pond, creek, wetland or groundwater into which stormwater runoff
and conveyance systems are directed.
Responsible party means the person, developer or contractor who is responsible for performing all provisions
and requirements of a grading permit or SDDENR stormwater discharge permit for construction activities, or the
person or entity who is responsible for industrial or commercial discharges into an MS4.
Sediment means mineral or organic solid particulate matter that has been removed from its point of origin by
soil erosion, suspension in water or wind, or water transport.
Sediment control means BMP's that prevent eroded sediment from leaving the site.
Soil erosion means the wearing away of land by the action of wind, water, gravity or a combination thereof.
Stabilization means the use of practices (BMP's) that prevent exposed soil from eroding.
Page 5 of 9
Stormwater means water runoff, including snow and ice melt, which is the direct result of a precipitation
event.
Stop work order means a notice issued by the city engineer or the city's designated representative, or a state
or federal agency to a person, permittee, contractor, developer or property owner to immediately cease
construction, grading or development activities.
Stormwater pollution prevention plan ("SWPPP") means a site-specific plan which identifies potential sources
of stormwater pollution at a construction site and specifies structural and nonstructural controls (BMP's) that will
be in place to minimize negative impacts caused by stormwater discharges associated with construction activity.
Stripping means any activity which removes or significantly disturbs the vegetative surface cover, including
clearing and grubbing operations.
Total maximum daily load ("TMDL") means the maximum daily sum total of the individual waste load
allocations (WLAs) for point sources, the load allocations (LAs) for nonpoint sources and the natural background
levels of pollutants that a watercourse can receive while still meeting federal or state water quality standards.
TMDLs can be expressed in terms of either mass per time, toxicity, or other appr opriate measure.
Vegetative cover means grasses, shrubs, trees and other vegetation which hold and stabilize soils.
Watercourse or waterway means any body of water, including, but not limited to, lakes, ponds, rivers,
streams, and bodies of water delineated by the city, state or federal governments.
Waters of the state means all waters within the jurisdiction of the State of South Dakota, including all
streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulation s of water, surface and underground, natural or
artificial, public or private, situated wholly or partly within or bordering upon the State of South Dakota.
Water of the United States means all waters as defined in 40 CFR § 230.3(s).
(Ord. No. 21-10, 6-8-2010; Ord. No. 17-031, 1-9-2018)
Secs. 72-6—72-16. Reserved.
ARTICLE II. STORM DRAINAGE FEE
Sec. 72-17. Fee.
(a) The purpose of this chapter is to establish a charge against real property within the Ccity for the operation,
maintenance, public education, and capital expenses of the storm sewer and drainage system. For operation,
maintenance and capital expenses of storm sewer and drainage system. The purpose of this chapter is to
establish a charge against real property within the city for the operation, maintenance and capital expenses
of the storm sewer and drainage system.
(b) Annual fee; basis. All parcelsreal property within the city shall be charged an annual fee for the operation,
maintenance, public education, and capital improvements of the storm sewer and drainage system. The fee
for each such property shall be based on the lot areaimpervious lot area, a runoff weighting factor and an
Equivalent Residential Uunit (ERU) financial charge. The storm drainage fee is determined as follows: a)
Single family parcels will be charged a storm drainage fee based on 1 ERU; b) For aAll other parcels the
sStorm drainage fee shall equals the impervious area (in square feet) divided by 4,573(ERU)runoff weighting
factor multiplied by parcel area (in square feet) multiplied by the ERUunit financial charge (in dollars per
ERUsquare foot). Each parcel will be charged a storm drainage fee based on a minimum of 1 ERU.
(c) Exemptions: parcels that do not convey stormwater runoff to a MS4 as determined by the City Engineer are
exempt from paying the annual storm drainage fee.Runoff weighting factor; assignment by use of Table I.
Page 6 of 9
The runoff weighting factor is determined by the type of land use and indicates the relative volume of
stormwater runoff from a land parcel as a function of the percentage of impervious surfaces covering each
land parcel. The runoff weighting factor is to be assigned by land use type as shown in Table I:
TABLE I
Land Use
Code
Land Use Runoff
Weighting
Factor
11 Single-family 7.5
12 Duplex 7.5
13 Townhouses 7.5
14 Apartment building (1—3 stories) 11.25
15 Apartment building (4 stories or more) 11.25
16 Dormitories 11.25
17 Mobile homes and trailers 11.25
18 Other residential 11.25
19 Estate (single-family, on 30,000 square feet or more) 2.50
21 Apparel and textiles 17.0
22 Wood, furniture, fixtures 17.0
23 Lumberyards 17.0
24 Printing and publishing 17.0
25 Warehouse, indoor storage 17.0
26 Electronic, scientific, optical 17.0
27 Construction yards, including plumbing, electrical, heating contractors 17.0
28 Chemical, petroleum storage 17.0
29 Other light, pollution free manufacturing, not included elsewhere 17.0
31 Food, agricultural processing, stockyards, rendering 17.0
32 Paper and pulp 17.0
33 Chemical, petroleum, rubber and plastic 17.0
34 Stone, glass, clay, cement, brick 17.0
35 Primary metal, smelting 17.0
36 Metal fabricating 17.0
37 Salvage, junkyard, resource recycling 7.5
38 Other heavy manufacturing not elsewhere coded 17.0
41 Bus, railroad yards, terminals, right-of-way 5.0
42 Airport 5.0
43 Auto parking ramps and lots (commercial or public only not auxiliary
parking)
18.75
44 Highway and street right-of-way 5.0
45 Communication (TV, radio, etc.) 17.0
46 Utilities (gas, sewer, water, telephone, etc.) 17.0
47 Truck terminal 17.0
48 Military base 17.0
49 Other transportation communications and utilities not elsewhere coded 17.0
51 Wholesale, food produce 18.75
52 Wholesale, other 18.75
53 Extensive retail, building supplies, including lumber, home repair supplies 18.75
54 Extensive retail, farm equipment and implements 18.75
55 Extensive retail, new and used car dealers 18.75
Page 7 of 9
56 Extensive retail, recreational vehicles, marine 18.75
57 Extensive retail, tires, batteries, auto accessories 18.75
58 Extensive retail, auto repairs, body shop 18.75
59 Extensive retail, other retail with outside storage 18.75
61 Foodstore 18.75
62 Neighborhood commercial, hardware, pharmacy, laundromat, beauty
shop, barbershop, neighborhood shopping center
18.75
63 Gasoline, auto service station 18.75
64 Department store, discount store, regional shopping center 18.75
65 Clothes and apparel 18.75
66 Specialty retail, jewelry, gifts, etc. 18.75
67 Furniture, household appliances 18.75
68 Other retail not elsewhere coded 18.75
71 Banks and financial institutions 18.75
72 Churches 11.25
73 Nursing homes, assisted living facilities and hospitals 11.25
74 Colleges and universities, adult education 11.25
75 Primary and secondary education 11.25
76 Day care centers 11.25
77 Medical offices, clinics 18.75
78 Government offices 18.75
79 Offices not elsewhere coded (real estate, law, etc.) 18.75
81 Cultural activities, libraries, museums, etc. 18.75
82 Assembly areas, arenas, stadiums 18.75
83 Theaters 18.75
84 Restaurants, bars, lounges 18.75
85 Hotels, motels, resort lodging 18.75
86 Public parks, golf courses, fairgrounds 1.0
87 Private country club and other recreational uses 1.0
88 Other cultural and entertainment uses, not elsewhere coded 1.0
90 Floodway (per Flood Boundary Map 10-17-1978, by the National Flood
Insurance Program)
0.00
91 Cropland and farms 1.0
92 Feed lots 1.0
93 Grasslands 1.0
94 Mining and quarrying* 1.0
95 Cemetery 1.0
96 Sanitary landfills 1.0
97 Vacant 1.0
98 Under construction 1.0
99 Other not elsewhere coded 1.0
;adv6q;Quarries are individually calculated with a runoff weighting factor of 0.00 for the actual quarry area.
(d) Request for site study.; calculation of runoff weighting factor by Table II. Upon written request and payment
of the processing fee byfrom a property owner, a detailed site study will be conducted by the Ccity
Eengineering Divisiondepartment to determine the runoff weighting factor.amount of impervious area a
parcel contains and the appropriate fee. This written request must be submitted to the Ccity Eengineer on or
before February 1April 30 of the year the fees are charged to the subject land parcel. Upon receipt of a
Page 8 of 9
written request, tThe site study will include a engineering department will calculatione of the percentage of
impervious area for the subject parcel which contributes stormwater runoff to the MS4drainage system of
the city. This system includes the storm sewer system, drainageways and all ditches and wat erways within
and flowing away from the city. The runoff weighting factor is then determined through utilization of Table
II.If after completion of a site study, the storm drainage fee is determined to be incorrect, the property
owner will be eligible to request an amended property tax bill. No refunds of the storm drainage fee will be
issued for previous years.
TABLE II
Percentage Impervious Area Average Runoff to Rainfall Ration (R**) Runoff
Weighting
Factor
(R × 25)
0 0.04 1.0
10 0.19 4.75
15 0.26 6.5
20 0.30 7.50
30 0.38 9.50
40 0.45 11.25
50 0.53 13.25
60 0.60 15.00
70 0.68 17.00
80 0.75 18.75
90 0.83 20.75
100 0.90 22.50
**These values are derived from the "STORM" equation (Figure 5-20, page 5-49), which is made a part
hereof and is referred to as "A Statistical Method for the Assessment of Urban Storm Drainage," EPA,
Washington, D.C., January 1979. For low percentage impervious surfaces (0 percent to 20 percent), a linear
relationship is assumed between the "STORM" equation and empirical data derived from drainage runoff in
high depression storage, loose soils and flat areas. Interpolation of the runoff weighting factor fo r a given
percentage to impervious area not listed in Table II may be obtained by assuming a linear relationship
between the values listed. The city engineer may direct that the runoff weighting factor for a given parcel be
calculated by a detailed site investigation and the use of Table II, where an obvious departure from the
percentage of impervious surfaces of similar land uses exists. A determination of the runoff weighting factor
resulting from a detailed site investigation and use of Table II, brought about either by the written request of
a property owner or by direction from the city, will be used in the calculation of the storm drainage fee of
the subject parcel and will replace the factor previously derived from Table I, even if the resulting value is
higher.
(e) Parcel area. The parcel area will be obtained from the records of the city engineer's office.
(f) Unit financial charge. The unit financial charge is established by resolution of the city council.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-18. Collection.
The storm drainage fee established in section 72-17 shall be an annual charge. The first one-half of such fee
is due on or by April 30May 1 and the second one-half is due on or by October 30November 1 of the same year,
payable at the office of the county finance department. and remitted to the city.
Page 9 of 9
Refund procedure: Upon written request from a property owner, the city may issue a refund if the incorrect
drainage fee has been charged to the property owner. The engineering department will calculate the drainage fee
and determine the amount of any refund owed to the property owner. The maximum refund the city may issue is
the fee for the current year and the preceding two years.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-19. Fund established.
The drainage fees paid to the city shall be maintained in a separate fund to be known as the drainage and
storm sewer fund. This fund shall be used to pay the cost of financing the operation, public education,
maintenance or construction of the drainage and storm sewer system.
(Ord. No. 21-10, 6-8-2010)
Sec. 72-20. Annual review.
The unit financial chargeERU financial charge may be reviewed annually and revised as necessary so that
revenues are reasonably in balance with anticipated expenditures. Excess funds may be carried forward from year
to year in order to build sufficient funds for large drainage construction projects which are schedule d or
programmed for the near future, and . In addition, funds may be carried over to to provide sufficient monies for
unanticipated repairs, public education, replacements or maintenance of the MS4drainage system.
(Ord. No. 21-10, 6-8-2010)
Secs. 72-21—72-31. Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: August 13, 2024
SECOND READING: August 27, 2024
PUBLISHED:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 24-027
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, August 27, 2024, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 24-027, an Ordinance
amending Articles I&II of Chapter 72 – Storm Drainage in the City of Brookings. At
which time and place all persons interested will be given a full, fair and complete
hearing thereon. Dated in Brookings, South Dakota, this 16th day of August, 2024.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time 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 #:ORD 24-023,Version:2
Public Hearing and Action on Ordinance 24-023, an Ordinance to Rezone the East 151 feet of Block
1 in Northern Plains Addition from a Business B-2A Office District to a Residence R-2 Two-Family
District.
Summary and Recommended Action:
Northern Plains Professional Properties, LLC has submitted a petition to rezone the east 151 feet of
Block 1 in Northern Plains Addition from a Business B-2A Office District to a Residence R-2 Two-
Family District.
The Planning Commission voted 7-0 to recommend approval.
The Development Review Team recommends approval.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 8/8/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: July 23, 2024 / August 13, 2024
Subject: Ordinance 24-023: Rezone the East 151 feet of Block 1 in
Northern Plains Addition from a Business B-2A Office District
to a Residence R-2 Two-Family District.
Presenter: Mike Struck, Community Development Director
Summary:
Northern Plains Professional Properties, LLC, has submitted a petition to rezone the
east 151 feet of Block 1 in Northern Plains Addition from a Business B-2A Office District
to a Residence R-2 Two-Family District. The Development Review Team recommends
approval. The Planning Commission voted 7-0 to recommend approval.
Item Details:
Northern Plains Addition was originally platted in 2022, at which time Block 3 was
rezoned from Business B-2A Office District to a Residence R-2 Two-Family District.
Blocks 1 and 2 retained the B-2A Zoning. The developer has now submitted a revised
Preliminary Plat which will shift the eastern 151 feet of Block 1 to an adjacent block
proposed for residential use. This area was initially thought necessary for additional
parking for the commercial use on Block 1 but is no longer needed for parking, and the
developer prefers to provide more space for the proposed residential uses.
The area to be rezoned is 151 feet x 72 feet, roughly 10,924 square feet. Adjacent
zoning will include Residence R-2 Two-Family District to the north and east, Residence
R-1B Single-Family District to the south, and Business B-2A Office District to the west.
The area is located within an Urban Low Intensity Future Land Use according to the
Comprehensive Plan, which supports the request for R-2 Zoning.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The rezone will support a proposed townhouse dwelling
development.
Financial Consideration:
None.
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
ORDINANCE 24-023
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS:
BE IT ORDAINED by the City of Brookings, South Dakota:
SECTION 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows, to-wit:
The East 151 feet of Block 1 in Northern Plains Addition from a Business B-2A
Office District to a Residence R-2 Two-Family District.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 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 Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: July 23, 2024
SECOND READING AND ADOPTION: August 13, 2024
PUBLISHED: August 16, 2024
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, 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 Northern Plains Professional Properties LLC has
submitted a petition to rezone the following described real estate in the City of Brookings
and Brookings County, South Dakota:
The East 151 feet of Block 1 in Northern Plains Addition, City of Brookings,
Brookings County, South Dakota.
The request is to rezone the above-described real estate from a Business B-2A office
district to a Residence R-2 two-family district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, August 13, 2024, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard in this matter.
Dated this 2nd day of August, 2024.
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 Northern Plains Professional Properties LLC has
submitted a petition to rezone the following described real estate in the City of Brookings
and Brookings County, South Dakota:
The East 151 feet of Block 1 in Northern Plains Addition, City of Brookings,
Brookings County, South Dakota.
The request is to rezone the above-described real estate from a Business B-2A office
district to a Residence R-2 two-family district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, July 2, 2024, 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 Planning Commission is a recommendation made
to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 21st day of June, 2024.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
July 2, 2024
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
July 2, 2024, 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, Kyle Jamison, Scot Leddy, Jacob Limmer,
Nick Schmeichel, Roger Solum and Debra Spear. Richard Smith was absent. Also present were
Community Development Director Michael Struck and City Planner Ryan Miller. Also present were
Chantel Granum, Tim Veldkamp, Kyle Rausch, Mike Hawley, Lynda Pierce and Kelan Bludorn.
Item #6b – Northern Plains Professional Properties, LLC has submitted a petition to rezone the east
151 feet of Block 1 in Northern Plains Addition from a Business B-2A Office District to a Residence
R-2 Two-family District.
(Schmeichel/Limmer) Motion to approve rezone. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #6b – Northern Plains Professional Properties, LLC submitted a petition to rezone the east 151
feet of Block 1 in Northern Plains Addition from a Business B-2A Office District to a Residence R-2
Two-family District. The location was originally platted in 2022 at which time Block 3 was rezoned
from Business B-2A office district to Residence R-2 two-family district. Blocks 1 and 2 retained the B-
2A zoning. The developer now submitted a revised preliminary plat which would shift the eastern 151
feet of Block 1 to an adjacent block proposed for residential use. This area was initially thought
necessary for additional parking for the commercial use on Block 1 but was no longer needed for
parking and the developer prefered to provide more space for the proposed residential uses. The area to
be rezoned was 151’ x 72’, roughly 10,924 sq ft. Adjacent zoning would include Residence R-2 two-
family district to the north and east, Residence R-1B single-family district to the south and Business B-
2A office district to the west. The area was located within an Urban Low Intensity future land use
according to the comprehensive plan which supported the request for R-2 zoning.
Rausch was available for questions and stated that this was in conjunction with prior application.
Schmeichel commented that this cleaned up the area.
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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 #:ORD 24-024,Version:2
Public Hearing and Action on Ordinance 24-024, an Ordinance to permit by Conditional Use Permit
townhouses on Blocks 3A and 4 in Northern Plains Addition, City of Brookings, Brookings County,
South Dakota.
Summary and Recommended Action:
Northern Plains Professional Properties, LLC has submitted a Conditional Use Permit application for
Blocks 3A and 4 in Northern Plains Addition. Northern Plains Addition is located along Main Avenue
South near 15th Street South. Development Review Team recommended approval and the Planning
Commission voted 7 - 0 recommending approval with the following conditions:
·A maximum of 8 townhome units for Block 3A
·A maximum of 12 townhome units for Block 4
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Application
Site Plan
Building Elevations
City of Brookings Printed on 8/8/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: July 23, 2024 / August 13, 2024
Subject: Ordinance 24-024: Conditional Use Permit - Blocks 3A and 4
in Northern Plains Addition
Presenter: Mike Struck, Community Development Director
Summary:
Northern Plains Professional Properties, LLC, has submitted a Conditional Use Permit
application for Blocks 3A and 4 in Northern Plains Addition. Northern Plains Addition is
located along Main Avenue South near 15th Street South. Development Review Team
recommended approval and the Planning Commission voted 7- 0 recommending
approval with the following conditions:
A maximum of 8 townhome units for Block 3A
A maximum of 12 townhome units for Block 4
Item Details:
A Conditional Use Permit (CUP) was approved by the Planning Commission and City
Council in 2022 for up to 20 townhome units on Block 3. The Conditional Use Permit
has since expired and will need to be renewed.
The developer originally submitted plans for 18 units. The developer is now proposing
to construct 20 units on two separate blocks, Blocks 3A and 4 as shown on the revised
site plan. Block 3A will include two 4-unit townhomes (8 total units), and Block 4 will
include three 4-unit townhomes (12 total units) for a total of five townhome structures
and 20 total units.
Standards of approval for a Conditional Use Permit state such uses shall not be located
in an area where they are likely to have a negative impact on adjacent properties due to
their size or the traffic generated from such use.
Access to the townhomes will be provided via two private streets: Mayfield Drive and
Cloverfield Place. These streets provide access to Main Avenue, an arterial street.
Utilities running along Mayfield Drive will serve the units. Grading and drainage plans
were originally approved and will not be impacted by the changes.
The proposed building locations meet all required setback requirements for the R -2
District. A landscape plan will be required at the time of permitting.
Additionally, the developer has submitted a revised Preliminary Plat and rezone which
will slightly modify the location and legal description for the CUP. The revised
Preliminary Plat and rezone will run concurrently with the CUP renewal.
Legal Consideration:
None
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Location Map
Application
Site Plan
Building Elevations
ORDINANCE 24-024
AN ORDINANCE PERTAINING TO AN APPLICATION FOR A
CONDITIONAL USE PERMIT TO ESTABLISH TOWNHOUSES IN A
RESIDENCE R-2 TWO-FAMILY DISTRICT.
BE IT ORDAINED by the City of Brookings, South Dakota:
SECTION 1. That said Conditional Use Permit shall be approved for townhouses on
Block 3A and Block 4 in Northern Plans Addition to the City of Brookings, County of
Brookings, State of South Dakota with the following conditions:
A maximum of 8 townhome units on Block 3A
A maximum of 12 townhome units on Block 4
SECTION 2. That said application for a conditional use permit satisfies the requirements
as described in Sec. 94.302 of Chapter 94, Article V, Division 3 of the City of Brookings,
South Dakota.
SECTION 3. That all sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: July 23, 2024
SECOND READING AND ADOPTION: August 13, 2024
PUBLISHED: August 16, 2024
CITY OF BROOKINGS, SD
__________________________
Oepke G. Niemeyer, 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 APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC
has submitted an application for a Conditional Use Permit on the following described
real estate in the City of Brookings:
Block 3A and Block 4 in Northern Plains Addition.
The request is for townhouses in the Residence R-2 two-family district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Council at 6:00 PM on Tuesday, August 13, 2024, in the Chambers Room on the third
floor of the Brookings City & County Government Center at 520 Third Street, Brookings,
South Dakota.
Any person interested may appear and be heard on this matter.
Dated this 2nd day of August, 2024.
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 APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC
has submitted an application for a Conditional Use Permit on the following described
real estate in the City of Brookings:
Block 3A and Block 4 in Northern Plains Addition.
The request is for townhouses in the Residence R-2 two-family district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, July 2, 2024, 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 Planning Commission is a recommendation
made to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 21st day of June, 2024.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
July 2, 2024
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
July 2, 2024, 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, Kyle Jamison, Scot Leddy, Jacob Limmer,
Nick Schmeichel, Roger Solum and Debra Spear. Richard Smith was absent. Also present were
Community Development Director Michael Struck and City Planner Ryan Miller. Also present were
Chantel Granum, Tim Veldkamp, Kyle Rausch, Mike Hawley, Lynda Pierce and Kelan Bludorn.
Item #6c – Northern Plains Professional Properties LLC has submitted an application for a Conditional
Use Permit on the following described real estate in the City of Brookings: Block 3A and Block 4 in
Northern Plains Addition. The request is for townhouses in the Residence R-2 two-family district.
(Schmeichel/Solum) Motion to approve conditional use permit including staff recommendations of a
maximum of 8 townhome units for Block 3A and a maximum of 12 townhome units for Block 4. All
present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #6c – Northern Plains Professional Properties, LLC submitted a conditional use permit
application for Blocks 3A and 4 in Northern Plains Addition located along Main Avenue South near
15th Street South. A conditional use permit was approved by the Planning Commission and City
Council in 2022 for up to 20 townhome units on Block 3. The conditional use permit had since expired
and needed to be renewed. The developer now proposed to construct 20 units on two separate blocks,
Blocks 3A and 4 as shown on the revised preliminary plat. Block 3A would include two 4-unit
townhomes (8 total units) and Block 4 would include three 4-unit townhomes (12 total units) for a total
of five townhome structures and 20 total units. Standards of approval for a conditional use permit state
that such uses shall not be located in an area where they are likely to have a negative impact on
adjacent properties due to their size or the traffic generated from such use. Access to the townhomes
would be provided via two private streets, Mayfield Drive and Cloverfield Place. These streets provide
access to Main Avenue, an arterial street. Utilities running along Mayfield Drive would serve the units.
Grading and drainage plans were originally approved and would not be impacted by the changes. The
proposed building locations met all setback requirements for the R-2 district. A landscape plan would
be required at the time of permitting.
Rausch was available for questions and stated that this was the exact same Conditional Use Permit as
originally approved in 2022. Since it had expired, he re-requested it.
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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 24-0397,Version:1
Action on a Revised Preliminary Plat for Blocks 1A, 3A and 4; in Northern Plains Addition.
Summary and Recommended Action:
Northern Plains Professional Properties, LLC, has submitted a revised preliminary plat for Blocks 1A,
3A and 4 in Northern Plains Addition. Northern Plains Addition is located along Main Avenue South
near 15th Street South. The Development Review Team recommends approval. The Planning
Commission voted 7-0 to recommend approval.
Attachments:
Memo
Revised Preliminary Plat
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Preliminary Plat - 2022
Location Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 8/7/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: August 13, 2024
Subject: Revised Preliminary Plat: Blocks 1A, 3A and 4, Northern
Plains Addition
Presenter: Mike Struck, Community Development Director
Summary:
Northern Plains Professional Properties, LLC, has submitted a revised preliminary plat
for Blocks 1A, 3A and 4 in Northern Plains Addition. Northern Plains Addition is located
along Main Avenue South near 15th Street South.
The Development Review Team recommends approval.
The Planning Commission voted 7-0 to recommend approval.
Item Details:
In 2022, a Preliminary Plat was approved by the Planning Commission and City Council
for Northern Plains Addition. A dental services office has been constructed on Block 1.
Initially, Block 1 was designed with additional acreage for parking to the east. This
additional parking is no longer necessary and will be replatted on to the new Block 3A
and rezoned for residential.
Block 1 will be reduced in size from the original 80,965 square feet down to 70,041
square feet. This 10,924 square feet area will be added onto what was formerly Block
3. Block 3 will be split into Block 3A and Block 4. Block 3A will be a 40,560 square foot
block with two 4-unit townhomes. Block 4 will be an 81,121 square foot block with three
4-unit townhomes. Block 2 will not be impacted by the revised preliminary plat.
The revised preliminary plat meets all zoning and subdivision regulations.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversified community
investment and equitable opportunities for prosperity.
Financial Consideration:
None
Legal Consideration:
None
Supporting Documentation:
Revised Preliminary Plat
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Preliminary Plat – 2022
Location Map
Zoning Map
Future Land Use Map
BLOCK 175181716B2625ADDITION
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ENG / ARCH:DESIGNER:TECHNICIAN:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342
engineering a better communityJDBJDBJUNE 202423064-04REVISED PRELIMINARY PLAT
NORTHERN PLAINS ADDITION
BROOKINGS, SOUTH DAKOTA
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IONPROPERTY LINE TO BE VACATEDPRELIMINARY PLAT OFBLOCKS 1A, 3A, AND 4 IN NORTHERN PLAINS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAMAIN AVENUE S MAYFIELD DRIVECLOVERFIELD PLACELEGEND:MONUMENT (FOUND)PROPERTY LINEVACATED PROPERTY LINESETBACKVICINITY MAPSCALE: NONEMAIN AVE. S.12TH ST. S.15TH ST. S.PLAT LOCATION7TH AVE. S.HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH (4001)VERTICAL DATUM: - NAVD 88 - GEOID 18ALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETDEVELOPERNORTHERN PLAINS PROFESSIONAL PROPERTIES LLC1424 9TH AVE SEWATERTOWN, SD 57201ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGAL DESCRIPTIONNORTHERN PLAINS ADDITION BLOCKS 1 AND 3FLOODPLAIN INFORMATIONFLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 2008ZONING REGULATIONS:ALL USES25 FEET20 FEET*35 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-2A OFFICE DISTRICT* REFER TO SECTION 94-399.1 BUFFERYARDSPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHT* PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 18 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.5 FEET*APTS., CONDOMINIUMSTOWNHOUSES* 5 OR MORE UNITS2,420**16,000100 FEET25 FEET7 FEET***25 FEET35 FEETR-2 TWO-FAMILY DISTRICT
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ENG / ARCH:DESIGNER:TECHNICIAN:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342
engineering a better communityJDBJDBJUNE 202423064-04REVISED UTILITY PLAN
NORTHERN PLAINS ADDITION
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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 REVISED PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That Northern Plains Professional Properties LLC has
submitted a revised preliminary plat of the following described real estate situated in the
City of Brookings in Brookings County, South Dakota, to wit:
Blocks 1A, 3A and 4 in Northern Plains Addition
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council
at 6:00 PM on Tuesday, August 13, 2024, 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 on this matter.
Dated this 1st day of August, 2024.c
Ryan Miller
City Planner
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 REVISED PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That Northern Plains Professional Properties LLC has
submitted a revised preliminary plat of the following described real estate situated in the
City of Brookings in Brookings County, South Dakota, to wit:
Blocks 1A, 3A and 4 in Northern Plains Addition
NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, July 2, 2024, 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 Planning Commission is a recommendation to the City
Council.
Any person interested may appear and be heard on this matter.
Dated this 21st day of June, 2024.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
July 2, 2024
OFFICIAL MINUTES
Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday,
July 2, 2024, 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, Kyle Jamison, Scot Leddy, Jacob Limmer,
Nick Schmeichel, Roger Solum and Debra Spear. Richard Smith was absent. Also present were
Community Development Director Michael Struck and City Planner Ryan Miller. Also present were
Chantel Granum, Tim Veldkamp, Kyle Rausch, Mike Hawley, Ron Stee, Lynda Pierce and Kelan
Bludorn.
Item #6a – Northern Plains Professional Properties, LLC submitted a revised preliminary plat for
Blocks 1A, 3A and 4 in Northern Plains Addition. Northern Plains Addition is located along Main
Avenue South near 15th Street South.
(Spear/Solum) Motion to approve the preliminary plat. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a – Northern Plains Professional Properties, LLC submitted a revised preliminary plat for
Blocks 1A, 3A and 4 in Northern Plains Addition. Northern Plains Addition is located along Main
Avenue South near 15th Street South. The developer was splitting the residential portion into two
blocks for separation of ownership purposes. Block 1 would be reduced in size from the original
80,965 square feet down to 70,041 square feet. This 10,924 square feet area would be added onto what
was formerly Block 3. Block 3 would be split into Block 3A and Block 4. Block 3A would be a 40,560
square foot block with two 4-unit townhomes. Block 4 would be an 81,121 square foot block with
three 4-unit townhomes. The revised preliminary plat met all zoning and subdivision regulations.
Rausch was available for questions and explained that the location was previously approved for 20
units in 2022 and he was looking to expand the lots but still build 20 units. Originally, the commercial
property to the west needed room for snow storage. Due to the reduced parking lot size, snow storage
was no longer needed for that property. They are trying to make affordable townhomes for sale or rent.
Rausch went on to say that drainage should run to the east and that they had already reduced drainage
by 80%. The planned added berm and swale should take care of virtually 100% of runoff but there was
also a planned retention pond that would divert anything else to the city sewer system. Trees would
need to be removed to install the drainage system and an additional swale. Mike Hawley, one of the
project owners, talked about this being phase 2 of their plan to bring some more affordable housing to
Brookings after bringing commercial property. Aiken inquired on the existing drainage plan and if
anything had changed. Rausch stated that the plan has stayed the same and all roads were in and
drained to the city sewer, all that was left was to install the berm and retention pond. Stee, property
owner on south side, said he was not opposed to the project but he was concerned about drainage
because half of dentist’s property and part of the roof was sloped to the south. He also did not want to
see the trees removed as they assisted with the water that already crossed onto his property. Water
pools where the first unit’s driveway was proposed and does not go out the east end. That grassy area
has always been important to controlling the water on the 3 properties that meet at the corner. Stee
acknowledged that Rausch’s plans may alleviate the water pooling but he would like to see the first
unit eliminated for more green space. Rausch spoke to Stee’s concerns and said that they would be
willing to shrink up the building plans about 10’ and make a single stall garage on the end unit and
install additional swale. Aiken clarified that they are willing to add 10 ft to the setback. Miller said that
they could add the setback at preliminary plat stage. Schmeichel asked if, without the 10 ft easement,
can they get the drainage that is needed. Rausch said he can but it would be tight. He also explained
that the entire parking lot drains to the sewer system so there would not be much drainage that needed
to be addressed. Hawley noted that water in that area was already an issue so any improvement would
help. Limmer inquired if they passed the request as is could the developer make changes. Miller added
that a drainage easement can be added at final platting stage if necessary. Aiken asked if the final plat
would be seen by this board. Miller said no, final plats are completed administratively and drainage is
viewed by staff at the final platting stage. Schmeichel did not want to add drainage to the current
request if staff would be required to review it either way. Jamison stated that if the drainage plan will
be seen by civil engineer, that should be enough.
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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 24-072,Version:1
Action on Resolution 24-072, a Resolution Approving Revised Policies of the City of Brookings.
Summary and Recommended Action:
A proposed update of the City Council’s policies is provided. These policies include the Governance,
Ends, and other policies enacted over the past twenty years. City staff and members of the rewrite
group recommend approval of the proposed policies update. Staff recommends approval as written.
Attachments:
Memo
Resolution
Proposed Policies
City of Brookings Printed on 8/8/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Paul Briseno, City Manager
Council Meeting: August 13, 2024
Subject: Resolution 24-072: Updated City Council Policies
Presenter: Paul Briseno, City Manager
Summary:
A proposed update of the City Council’s policies is provided. These policies include the
Governance, Ends, and other policies enacted over the past twenty years. City staff
and members of the rewrite group recommend approval of the proposed policies
update. Staff recommends approval as written.
Item Details:
In 2019, a group comprised of three Council Members, the City Attorney, the City Clerk,
and the City Manager, began reviewing all policies. Council Members who participated
in the process include Holly Tilton Byrne and Wayne Avery. The City Council policies
are outlined in the Governance and Ends, as well as policies passed by various
Council’s over the past 20 years. In 2023, Council updated policies with the exception
of the 22 proposed.
It’s critical the existing City Council review the policies annually. A review ensures
policies are consistent with the current Council’s priorities and the City of Brookings of
today.
City Council is presented with updated policies 100-321. All policies were updated in a
new format, allowing Council and residents to view all documents simultaneously. A
majority of policies received minor edits, formatting adjustments, and included gender-
neutral language. The policies which realized significant changes include:
CC 100 Council Vision, Mission, Values - Council’s new vision and mission
was updated in 2024.
CC 306 Tax Increment Financing - Revamped the policy to use best practices
and advice from the City’s consultant. It includes opportunities to address a
community need, the addition of a triple-bottom line requirement of impact for
equity, environment, and economy, requirement of Developer equity, increased
fee, performance requirements, and more.
CC 309 Sales Tax Incentive Grant - The policy was adjusted to require
requests align with the goals of the economic masterplan, eliminated outdated
language, detailed desired markets, added thresholds for the attainment of the
incentive, the requirement of an ROI, BEDC is the lead agency that provide s the
application and analysis, and the addition of the triple bottom line language.
CC 321 Triple Bottom Line - A new policy that requires incentive requests
contains an analysis of the impact on residents, the environment, and the
economy. A rubric will assist with scoring and determining if TIF, Sales Tax or
other incentives are appropriate
The policy review group and City staff recommends rescinding prior policies specifically
addressing these topics and replacing them with the proposed policies as written.
Legal Consideration:
City Attorney Steve Britzman assisted in writing the policies and reviewed the final
document.
Strategic Plan Consideration:
The review and update of City Council policy meets all of the strategic plan categories:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
There is no direct financial impact with the approval of the policies as written.
Supporting Documentation:
Resolution
Proposed Policies
RESOLUTION 24-072
A RESOLUTION APPROVING REVISED POLICIES OF THE CITY OF BROOKINGS
WHEREAS, City Council policies are compiled in the Governance and Ends Policy,
which includes a number of policies adopted by the City Council over the past 20 years;
and
WHEREAS, it is important Council Policies are reviewed regularly so Council policies
are consistent with the current Council’s priorities and the City of Brookings of today;
and
WHEREAS, over the past year, Council Members Holly Tilton Byrne and Wayne Avery
participated in the process of reviewing and preparing proposed revisions of current City
of Brookings policies. These Council members were assisted by the City Manager, City
Clerk, and City Attorney; and
WHEREAS, the attached City Policies have been reviewed and proposed revisions
have been prepared. Policies include the following:
Type Number Name
City Council 100 Council Vision, Mission, Values
City Council 298 Design Building Procurement
City Council 299 ADA Policies
City Council 301 Building Permit Fee Waiver
City Council 304 Procurement of Professional Services
City Council 305 Arterial & Collector Streets
City Council 306 Tax Increment Financing
City Council 308 Liquor License Agreement & Criteria
City Council 309 Sales Tax Incentive Grant
City Council 310 Sale of Real Property
City Council 311 Volunteer Board Appointment
City Council 312 Reporting by Economic Entities
City Council 313 Council Reconsideration Action
City Council 314 Council Professional Development
City Council 315 Larson Ice Center Use
City Council 316 Construction Manager at Risk
City Council 317 Access Channel
City Council 318 Change Orders
City Council 319 Bills & Claims
City Council 320 Investment Policy
City Council 321 Triple Bottom Line
NOW , THEREFORE, BE IT RESOLVED that the City Policies attached hereto and
referenced in this Resolution are hereby approved.
Passed and Approved this 13th day of August, 2024.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
1 | P a g e
AUGUST 2024
2 | P a g e
City Council Policies
Updated: May 23, 2023 and August 13, 2024
Type Name Number Page
City Council Vision, Mission, Values 100 4
Governance Ownership of Council 101 5
Governance Council Role 102 6
Governance Council Style & Vision 103 7
Governance Code of Conduct 104 8
Governance Council Action 105 9
Governance Citizen Advisory Board 106 10
Governance Review of Policies 107 12
Ends Financial Stability 108 13
Ends Municipal Services 109 21
Ends Business Models 110 23
Ends Economic Development 111 24
Ends Employee Training & Development 112 25
Ends Intergovernmental Cooperation 113 28
Ends Strategic Planning 114 29
CC Other Council Staff Linkage 200 30
CC Other City Manager Direction 201 32
CC Other Public Comment 202 33
CC Other Study Session Format 203 38
CC Other Code of Ethics 204 40
CC Other City Council Vacancy 205 42
CC Other Equal Opportunity Policy 206 46
CC Other Design Building Procurement 298 47
CC Other ADA Policies 299 54
CC Other Green Building Policy 300 57
CC Other Building Permit Fee Waiver 301 59
CC Other Donations 302 60
CC Other Naming Rights 303 63
CC Other
Procurement of Professional
Services 304 65
CC Other Arterial & Collector Streets 305 67
CC Other Tax Increment Financing 306 68
CC Other Special Assessment Policy 307 73
CC Other
Liquor License Agreement &
Criteria 308 75
CC Other Sales Tax Incentive Grant 309 77
CC Other Sale of Real Property 310 80
3 | P a g e
CC Other Volunteer Board Appointment 311 81
CC Other Reporting by Economic Entities 312 82
CC Other Council Reconsideration Action 313 83
CC Other Council Professional Development 314 84
CC Other Larson Ice Center Use 315 85
CC Other Construction Manager at Risk 316 86
CC Other Cable Television Access Channel 317 91
CC Other Change Orders 318 93
CC Other Bills & Claims 319 94
CC Other Investment Policy 320 95
CC Other Triple Bottom Line 321 106
CC = City Council
4 | P a g e
City of Brookings
Policy: CC 100 Title: Vision, Mission, Core Values
Issue Date:
May 23, 2023
Updated:
August 13, 2024
Section:
Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
The City Council will consider its vision, mission and core values when developing policy.
VISION
We aspire to be an inclusive, connected community that fosters creativity and innovation,
sustainability, and a high quality of life for all.
MISSION
To provide a high quality of life through exceptional services and proactive solutions.
CORE VALUES
Honesty, integrity, and professionalism in providing public services with the highest
ideals of ethical behavior. Transparency and engagement in developing, deciding, and
implementing public policy that strives to serve the best interest of the ENTIRE
community.
5 | P a g e
City of Brookings
Policy: CC 101
Title: Governance Process, Ownership of the Council: Key
Performance Area
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
Governance Process, Ownership of the Council: Key Performance Area
Governance Process is considered a key performance area by the Brookings City Council,
and appears in the Mission Statement as “municipal management.”
The Brookings City Council shall answer to, and take into consideration the best interests
of, all residents of the City of Brookings, both vocal and silent citizens, with respect paid to
all residents, regardless of their economic status. Since the City is “owned” by the
Citizens, the Council’s thinking shall be influenced by this ownership. Secondarily, the
City Council shall consider the needs of anyone who regularly shops in, uses facilities of,
or accesses services from the City of Brookings.
1. The Council represents the Citizens. Therefore, it shall educate itself regarding the
values held by the persons it represents and shall always act under the influence
of those values. The Council’s education may be facilitated by (a) formal and
informal Citizen opinions; (b) formal and informal focus groups to explore specific
issues; (c) considering input by citizen volunteers who participate on advisory
boards, committees, and commissions; (d) monitoring the demand and utilization
of services; (e) discussions with representatives from other governmental and
educational bodies; and (f) reviewing reports and citizen responses in the media.
2. The Council shall report periodically to the Citizens on its stewardship. At least
once per year, the Mayor shall give a State of the City message that contains an
accounting of the City’s financial resources and the extent to which these funds
have been translated into services, an update of policies, other significant
occurrences from the previous year, and vision of Councils priorities for the future.
6 | P a g e
City of Brookings
Policy: CC 102 Title: Governance Process, Council Role
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
Governance Process, Council Role
The role of the Council, on behalf of the Citizens of Brookings, is to assure that the City of
Brookings (a) accomplishes what it should, and (b) avoids unacceptable activities and
conditions.
1. The Council shall honor all requirements and responsibilities set forth in the
Brookings City Charter.
2. The Council will hold public meetings and provide and encourage regular
opportunities for public input.
3. The Council will define what is to be accomplished in terms of benefits, recipients,
and their relative priorities. It will define parameters of activities and conditions
within policy, and will delegate performance on these matters to a City Manager.
4. The Council will carry out its job with discipline, emphasizing strategic rather than
short-term issues, policy rather than single events, and group rather than
individual decisions.
5. Whenever possible, the Council will minimize the use of sub-committees
comprised primarily of Council Members that separate the wholeness of the
Council. When further research on a topic is needed, the Council may appoint one
to three members to investigate. The Council will review all City Council policies.
7 | P a g e
City of Brookings
Policy: CC 103 Title: Governing Process, Council Style & Vision
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
Governing Process, Council Style & Vision
The Council will strive to govern with an emphasis on (a) outward vision rather than an
internal preoccupation, (b) strategic leadership rather than administrative detail, (c)
clear distinction of Council and City Manager roles, (d) collective rather than individual
decisions, (e) future rather than past or present, and (f) proactively rather than reactivity.
The Council will:
1. Deliberate in many voices, but govern in one.
2. Cultivate excellence. The Council will be responsible for excellence in governing.
The Council will establish policy with public input and counsel of city staff.
3. Cultivate responsibility. The Council will use the expertise of individual members
to enhance the ability of the Council as a body. However, it is not the intention of the
Council to defer the group’s judgment to any one Council Member.
4. Lead and inspire the organization through the careful establishment of broad
written policies reflecting the Council's mission, vision and values. The Council's
major policy focus will be on the intended long-term impacts outside the operating
organization, not on the administrative or programmatic means of attaining those
effects.
5. Enforce upon itself the discipline needed to govern with excellence. Discipline will
apply to matters such as attendance, preparation for meetings, policymaking
principles, respect of roles, and ensuring the continuity of governance capability.
Continual Council development will include orientation of new members in the
Council's governance process and periodic Council discussion of process
improvement. The Council will allow no officer, individual or committee of the
Council to hinder or be an excuse for not fulfilling its commitments. In compliance
with the City Council Code of Ethics.
6. Council shall adhere to its processes and policies at each meeting as defined by
City Council Policies.
City of Brookings
Policy: CC 104
Title: Governance Process,
Council Code of Conduct
Issue Date: Updated: Section:
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May 23, 2023 May 23, 2023 Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
Governance Process, Council Code of Conduct
Council members are encouraged to conduct themselves in a professional manner in all
communication. Since Council members have no authority as individuals, members shall
refrain from efforts that may lead to situations in which a Council member might have
occasion to overstep their bounds.
1. Care should be taken to prevent staff from being intimidated or manipulated by a
Council member’s individual comments or actions. Council members must bear in
mind that at times, staff may ask for an individual opinion from a Council member,
and while the Council member may sincerely respond only as an individual, staff
will often place undue emphasis on the opinion, due to the Council member’s
status.
2. Care should be taken to prevent staff from being polarized by dissention. Although
all Council members are obligated to register differences of opinion on Council
issues at the Council level as passionately as desired, individual members must
not direct their differences of opinion to staff in a manner which creates dissension
or polarization in the organization.
3. No one Council member has the right to speak on behalf of the entire Council
unless the Council directs a Council member to express the views of the entire
Council.
4. Individual Council members are encouraged to conduct themselves in a
professional manner in all communications.
5. All Council members will treat each other with civility and respect.
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City of Brookings
Policy: CC 105 Title: Governing Process, Council Action
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Governance Process
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
Governance Process, Council Action
The Brookings City Council works to achieve the mission in a prudent and ethical way and
to make certain contributions to the total, which are unique to its public trusteeship role
and necessary for proper governance and management of the City. Consequently, the
"products" of the Council itself shall be:
A. Connection between the Council and its "ownership," the Citizens.
B. Written governing policies that concern:
- Governance Process (how the Council carries out its task, and the passing
of power and measurement of its use) and
- Ends Policies (what benefits, for whom, at what cost), and Executive
Limitations (prudent and ethical limitations binding upon the staff);
C. The assurance of staff performance (through guidance and evaluation of the City
Manager).
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City of Brookings
Policy: CC 106
Title: Governance Process,
Citizen Advisory Boards
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
2
Governance Process, Citizen Boards
The Council values the expression of citizen viewpoints on topics of concern to the
Council. Therefore, the Council will continue the tradition of seeking input from volunteer
citizen advisory boards and committees, although final responsibility for decisions, and
the implementation that follows, rests entirely with the Council. The Council and staff
recognize that the ideal purpose of citizen involvement is to seek objective opinions from
a diverse range of citizens and to augment and improve the city’s programming and
services.
The definition of a citizen board is a City Council appointed council, commission, board,
committee or taskforce.
Guideline A:
The Council will make every effort to offer overall direction and guidelines to citizen
volunteers, through the use of Council Policy statements, and by reviewing the mission
and need for each citizen advisory board on an annual basis. During the annual review:
1. The Council will determine if the need for a citizen advisory board justifies
continuation of the board. If continuation is justified, proceed to #2. If continuation
is not justified, then the board may be dissolved.
2. The Council will make an effort to determine the most effective use of citizen
volunteers, with a primary decision being the length of service for each. The
Council believes citizen input will be more likely objective and updated if the
advisory board is kept in an ad hoc (short-term) format. When possible new
boards will start as an ad hoc board; however, the Council recognizes that some
complex issues require citizen involvement for a longer period in order to be
effective.
3. Unless otherwise specified by the Council, the City Manager will coordinate the
activities and reporting functions of all citizen advisory boards.
4. The City Manager will base their guidance of citizen advisory boards on Policies
established by the Council.
5. The Mayor, with consent of the Council, will make all appointments to citizen
advisory boards.
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6. Upon recommendation of the City Manager, the Council may approve the creation
of ad hoc committees to assist the City Manager or his staff.
7. In compliance with this policy, in May 2002 the City Council adopted a Volunteer
Code of Ethics.
8. The Mayor and Council may, but shall not be obligated, to re-appoint members to
expiring terms subject to any term limitation as specified by each respective
board. The Mayor and Council shall consider and balance the value of institutional
knowledge, experience and attendance as well as the need for new and different
perspectives and contributions to the board in the appointment/re-appointment
process.
Guideline B:
The Council directs all staff to review relevant Policies with citizens upon their
appointment to an advisory board. The Council asks staff to be as objective as possible in
educating and presenting options to citizens, since the purpose of advisory boards is not
only to hear from citizens, but to increase citizen involvement, loyalty, and creativity
toward their City.
1. The Council asks the City Manager to create and regularly update an orientation
packet for each new volunteer that includes relevant Policies.
2. The Council asks staff and board chair to review this orientation packet with each
potential volunteer, upon appointment, emphasizing this very policy (Policy 1.6),
and asking for a citizen signature on the line that indicates understanding of this
policy.
3. Staff will provide regular summaries of citizen committee work to the Council.
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City of Brookings
Policy: CC 107
Title: Governance Process, Review and
Update of Policies
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Governance
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
Council Process, Review and Update of Policies
The Council will review all policies annually, although the Council may also review and
update any policy at any time deemed prudent and necessary by the Council. The Council
expects immediate adjustment by the City Manager to any policy change instituted by the
Council.
This process will occur with a working group containing the City Manager, City Clerk, City
Attorney and three Council Members within the first quarter. This group will make
recommendations to the entire Council at a future public meeting.
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City of Brookings
Policy: CC 108 Title: Ends Policy, Financial Stability
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
8
Financial Stability: Key Performance Area
Financial stability is considered a key performance area by the Brookings City Council,
and appears in the Mission Statement as “fiscally responsible municipal management.”
One of the duties of the City Manager is the development of a process that keeps the
Council aware of upcoming budgetary needs and requests, so that the Council may aid in
the creation of ongoing budget priorities. Good stewardship requires the Council to
discern what is in the best interests of the citizens, and budget accordingly.
The City Manager should not propose, unless under emergency or extraordinary
circumstances, budgeting or spending that:
1. Materially lowers the City’s bond rating below investment grade;
2. Deviates materially from Council Policies;
3. Notwithstanding the foregoing, the City Manager shall not propose any budget or
spending which violates Federal, State, or Municipal laws; ethical standards; and
generally accepted accounting and budgeting principles.
In addition, the City Manager shall not bypass Council judgment to allow budgeting that:
1. Allows expenditures to exceed revenues, including the contingency as an
expenditure;
2. Includes capital expenditures that have not been previously approved by the
Council, in a Capital Improvement Plan or other council action;
3. Causes the City to incur new debt;
4. Increases operating expenses over expected revenues;
5. Provides for employee compensation and benefits that exceed market standards.
Guideline A:
With respect to budget preparations, the City Manager shall stay within the confines of
what constitutes a conservative perspective, as it is the Council’s intention to:
1. Make conservative revenue projections based on economic guidance, markets,
benchmarks, and historical data;
2. Provide valuable citizen services;
3. Lighten the debt load of the City when economic environment is optimal for this;
4. The City shall follow financial best practices as identified by GFOA and ICMA. These
performance measures will be used as an important component of decision
making and incorporated into governmental budgeting.
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Guideline B:
In addition, as the City Manager assumes their duties, the Council requests the City
Manager keep information flowing to the Council, especially concerning plans relating to
consolidation or expansion of any City departments. Therefore, the City Manager may not
consolidate or expand any City Department without first informing the Council of the
intended action.
Guideline C:
City Council hereby directs the City Manager to establishes and maintain the following
committed fund balance:
General Fund Reserve Balance: The City shall achieve and maintain a minimum Assigned
General Fund Reserve Balance of 15% of the General Funds annual operating budget.
1. The General Fund Reserve Balance of the City’s General Fund should not be used to
support recurring operating expenditures outside of the current budget year.
2. The General Fund Reserve Balance can only be appropriated by a budget ordinance
action of the City Council.
Budget Stabilization Reserve: a minimum of 5% of General Fund annual operating budget
will be maintained to provide the City with sufficient working capital and a comfortable
margin of safety to address emergencies, withstand local, regional, and national
economic events, and unexpected declines in revenue without borrowing.
1. The Budget Stabilization Reserve shall be used only to cover emergencies and
unexpected declines in revenue. If the Budget Stabilization Reserve is used, the
City will decrease its General Fund expenditures to prevent using the Budget
Stabilization Reserve in two consecutive fiscal years to subsidize the General
Fund.
2. The Budget Stabilization Reserve can only be appropriated by a budget
amendment ordinance of the City Council.
3. In the event the Budget Stabilization Reserve is used to provide for temporary
funding of unforeseen emergency needs, the city shall restore the Budget
Stabilization Reserve to the minimum level of 5% of the General Fund operating
expenditures within two fiscal years following fiscal year in which the event
occurred.
Guideline D:
The use of one-time revenues will be guided by this policy. Examples of one-time
revenues include: infrequent sales of assets, bond refunding savings, infrequent
revenues from development, and grants. These revenues may be available for more than
one year (a three-year grant), but are expected to be non-recurring. Examples of
expenditures for which the City may wish to use one-time revenues include startup costs,
stabilization (to cover expenditures that temporarily exceed revenues), early debt
retirement, and capital purchases.
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Any unreserved fund balance in the General Fund, in excess of 20% shall be utilized to:
1. Fund subsequent years expected retirement costs for employees to ensure
necessary funding for projected payouts.
City Council’s Priority Project Funding. This funding shall be earmarked for non-
recurring capital expenditures or used to “buy down” the Bond and Interest for future
budget years. It is generally agreed to be in the best interest of the citizens of Brookings
to use the City Council’s Priority Funding to first fund non-reoccurring capital projects
and to buy down debt that is above the celling or that is materially costly and cannot be
refinanced. City Council shall prioritize these projects.
Guideline E:
The City will maintain a Capital Improvement Plan which provides a 10-year estimate of
the funds necessary to finance the City’s capital projects. The Capital Improvement Plan
will be updated as part of the Capital Improvement Program and will be included in the
annual budget document.
The City of Brookings will consider any equipment or projects with a one-time cost over
$25,000 as a capital improvement and funded within the Capital Improvement Plan.
Capital Improvement Plan will consist of the former 212 (1/4 penny) and 213 (3/4 penny)
Capital Improvement Plan. The Capital Improvement Plan shall contain funding primarily
for General Funded projects.
The Capital Improvement Plan will show a positive carryover budgeted. Carryover is
excess cash from the current year created from undedicated project savings and utilized
the future years as a carry forward. A positive balance for the next future years is
required before transferring excess funds to the City Council Priority Projects Fund. The
Capital Improvement Plan may rely on City Council’s Priority Funding to assure adequate
project funding. Transfers from the General Fund and other Enterprise funds can be
made to balance the plan when necessary.
Bonds are primarily used for improvements to streets and facility additions or major
renovations for which cash is unavailable. Rating agencies examine debt to revenue to
determine proper rates and allowances. Therefore, the City will limit debt to a ratio of 1:3
for its debt/revenue attained from the second (2) penny sales tax and other sources.
The City will maintain a Vehicle, Equipment, IT, and Building maintenance/replacement
sinking fund. A schedule will provide 10-year estimate of the funds necessary to maintain
and replace the City’s primary assets. This Fund will have a minimum of 8% not to exceed
one (1) million of the Capital Improvement Plan expenses at the beginning of each
calendar year and should be replenished primarily but not limited to second (2) penny
revenue.
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Guideline F:
To facilitate a budget that can respond to changing needs, the City Council will approve a
contingency fund for the City Manager to utilize at their discretion. Examples of uses for
the City Manager’s contingency fund include: unbudgeted training opportunities for staff;
purchases of software, hardware, and small equipment that was unbudgeted; one -time
expenditures to fill a major position vacancy; and emergencies in general. The City
Manager shall make an effort to avoid utilizing the contingency.
The City Manager will report to the City Council compliance or deviations from this
Guideline for Financial Stability. Per State statute, the use of the City Manager’s
contingency needs to be appropriated to the current budget through a Resolution from
City Council.
Guideline G:
Budgets for Enterprise Funds will be prepared by the City Manager with a goal of
providing quality services and sustaining a maximum return to the General Fund on a
long-term basis. Net assets serve over time as a useful indicator of a government’s
financial position. Within the annual financial statement, the City Manager will annually
provide a management discussion and analysis of business type funds and the changes in
net assets.
The Enterprise Funds, specifically the Liquor Store and Solid Waste funds, are to operate
under a business model where personnel, operating, and capital expenses are self-
sustaining through user fees or other revenue-generating activities. In some instances,
Enterprise Funds may generate enough revenue to transfer to other City operations.
Enterprise Funds will follow the aforementioned Fiscal Stabilization Emergency Reserve
in line with industry best practices of annual operating expenses. Enterprise Fund
revenues/reserves exceeding current fiscal year capital needs, Fiscal Stabilization
Reserve Fund, and Unreserved Fund Balance thresholds may be transferred to the
General Fund, transferred to another Enterprise Fund, or loaned to General Fund or
another Enterprise Fund.
Guideline H:
Appropriation and Subsidy Policy & Guidelines
Purpose. The purpose of this policy is to establish guidelines and criteria regarding the
allocation and use of municipal subsidies within the City of Brookings. These guidelines
shall be used in processing and reviewing applications requesting municipal subsidy
assistance. Protecting the financial interest is of the City of Brookings is of the utmost
importance, so it is the intent of the City to provide a minimum amount of municipal
subsidies, as well as other incentives the City may deem appropriate, for the shortest
term required for the funding request to proceed.
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The City reserves the right to approve or reject requests on a case-by-case basis, taking
into account established policies, specific request criteria, and demand on city services in
relation to the potential benefits to be received from a proposed request.
Meeting policy guidelines or other criteria does not guarantee the award of municipal
subsidies. Furthermore, the approval or denial of one request is not intended to set
precedent for approval or denial of another request.
Whenever possible, it is the City’s intent to coordinate the use of municipal services with
other local governing bodies and taxing jurisdictions.
Objective of Municipal Subsidies. 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.
To fulfill this commitment, the Brookings City Council will closely examine its goals and
the goals of its city departments annually to identify outcomes that will meet the
standards as outlined in the mission statement above.
The Council also recognizes that its support of programs and services outside the scope
of its city departments may be necessary to fulfill the commitment and achieve the
desirable quality of life for its citizens. As a matter of policy, the City of Brookings will
consider using municipal funds primarily to address requests that help achieve the
Councils Strategic plan with annually reviewed priorities.
General Guidelines for the Allocation of Municipal Subsidies. The City Council will
prioritize funding internal operations of the City Departments before funding subsidy
requests. The City’s current and projected financial health and stability will be the key
deciding factor in determining its ability to provide funds to outside organizations. In
addition, the Council will consider a number of factors as defined in the City’s Funding
Application when making this decision. A key factor will be the applicant’s ability to
provide a service or outcome that improves the quality of life for the citizens of Brookings
and progress the City’s Strategic and Master Plans. The applicant must also provide proof
of the need for public assistance. Alternative revenue sources should be pursued before
applying for City funds. Other factors include the applicant’s ability to become self-
sustaining, partnership with other agencies and funding sources, and the duration of the
funding commitment. Municipal subsidy will not be used for projects that would place
extraordinary demands on city infrastructure and services. Request for donations or
subsidies from individuals, religious, or political groups will not be considered. Request
for donations or subsidies from qualified organizations outside of the funding timeline
will not be considered.
The City may need to make financial adjustments due to economic conditions. Therefore,
the City of Brookings reserves the right to rescind, modify, or otherwise adjust this level
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of funding during the course of the year. In any fiscal year, the City may require the
unencumbered funds to be returned to the City.
General Guidelines for Subsidies. The Brookings City Council evaluates program-funding
proposals on an annual basis for funding in the following calendar year. The City’s fiscal
year is January 1 to December 31. Proposals must be submitted to the City Manager’s
Office in accordance with the budget cycle schedule and proposal format outlined below.
Requests may only be made during this period of time. Completed applications must be
received on or before June 1st of each given year.
Following, a review by the City Manager and their staff, the application shall be referred to
the City Council for further consideration during the annual budget meetings.
Organizations applying for a donation or subsidy must submit an original completed
Application for Funding along with any supporting documents as applicable, including a
detailed description of the request; a preliminary site plan; the amount requested; the
duration of the funding request; the public purpose of the request; verifiable funding
sources and uses; and a “but for” analysis which demonstrates the need for public
assistance. Additional documents which may be required include the organization’s
current expense statement and budget, Board of Directors listing, current Annual Report,
and all other items specified in the City of Brookings Application for Funding.
Budget Hearing Process. Applicants are encouraged to attend all budget meetings to
remain informed during the process. Applicants should be prepared to answer questions
based on the application. Final action on the budget occurs prior to the end of the year.
Economic Development/Promotions Subsidies. Economic development and promotion
subsidies shall be funded by sales tax generated from alcoholic beverages, eating
establishments and lodging (3rd B) and Business Improvement District (BID) funds.
Subsidy from 3rd B and BID funds shall meet the requirements of the SD State
Statute. Funds will be appropriated from the 3rd B and BID Funds to city departments and
entities with the capacity to promote and advertise the city, its facilities, attractions, and
activities.
Capital Improvement Subsidies. Capital Improvement subsidies will include one-time
expenditures over $25,000 and should primarily be funded by City Council Priority
Projects Funding without an on-going financial or service obligation from the City.
Public Art Fund. Approximately 1% of the budgeted capital improvement costs over
$25,000 will be subject to the Public Art funding requirement. The exception of capital
improvement items not subject to this calculation includes those funded through bonds,
leases, grants and other outside funding sources. See City Code for further guidance of
this fund.
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General Fund Subsidies. The City of Brookings may allocate up to 14 percent of the amount
equal to the annual property tax levy as certified by municipal ordinance during the
budget process. General Fund subsidies will include social, human, and educational (up
to grade 12) services, not directly related to economic development or capital
expenditures.
Subsidy Agreement and Reporting Requirements. The City of Brookings requires all
recipients of municipal funds to enter into appropriate agreements that identify the
reason for the subsidy, the public purpose served by the subsidy, subsidy payment
schedule, specific performance metrics of value to or as defined by the City, and final
reporting on outcomes. Recipients may be asked to present their reporting at a public
City Council meeting. Failure to provide final reporting of funds and all other required
reports by the date in the Funding Agreement may make applicant ineligible for future
subsidies.
All agreements and reports shall be timely prepared and filed with the City Manager’s
Office by the date noted in the Funding Agreement. Failure to comply with any of these
requirements may result in the revocation of the requested subsidy as well as fines,
repayment requirements, and a determination that the organization may be ineligible for
future municipal subsidies for a period of years.
* Applicable State Statute:
10-52-8. Additional tax on lodgings, alcoholic beverages, prepared food, and admissions -- Purposes -- Conformance
with state sales and use tax. Notwithstanding the tax rate limitations of §10-52-2 or 10-52-2.1, any municipality may
impose an additional municipal non-ad valorem tax at the rate of one percent upon the gross receipts of all leases or
rentals of hotel, motel, campsites, or other lodging accommodations within the municipality for periods of less than
twenty-eight consecutive days, or sales of alcoholic beverages as defined in §35-1-1, or establishments where the
public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or
admissions to places of amusement, athletic, and cultural events, or any combination thereof. The tax shall be levied for
the purpose of land acquisition, architectural fees, construction costs, payments for civic center, auditorium, or athletic
facility buildings, including the maintenance, staffing, and operations of such facilities and the pro motion and
advertising of the city, its facilities, attractions, and activities. Such taxes shall conform in all respects to the state sales
and use tax on such items with the exception of the rate.
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City of Brookings
Policy: CC 109 Title: Ends Policy, Municipal Services
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
2
Municipal Services: Key Performance Area
Municipal Services is considered a key performance area by the Brookings City Council,
and appears in the Mission Statement as “providing a high quality of life for citizens.”
The City Council deems City Services, along with fiscal management, as the highest
priorities of the City Manager and City Employees. There is no more important function of
City Government than to serve the Citizens of Brookings in a friendly, effective manner.
For this document, the City Council defines Municipal Services as Life Safety (police and
fire), and Functional Services (all other departments).
Guideline A:
In terms of Life Safety, involving the police and fire departments, the City Manager will:
1. In emergency situations, coordinate and collaborate with the fire or police chief;
2. Maintain personnel at established baselines;
3. Provide appropriate equipment to maximize safety of personnel;
4. Enforce ordinances and laws;
5. Not allow controllable situations to develop that may raise insurance rates for
citizens or for the City;
6. Maintain the budget in such a way that will provide the best possible quality of
services.
Guideline B:
In terms of Functional Services, which include all departments of the City other than Life
Safety, the City Manager will:
1. Repair infrastructure in a timely manner;
2. Approve changes that fall within the city’s strategic and master plan;
3. Continually strive to improve operational efficiencies;
4. Establish, model, and enforce the highest standards of exceptional customer
service and professionalism from city employees;
5. Enforce ordinances and laws;
6. Document ongoing citizen satisfaction and performance reviews for services
provided;
7. Seek opportunities to share facilities with other entities;
8. Anticipate foreseeable needs;
9. Use foresight in developing services;
10. Deliver services in a timely and quality manner;
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11. Consider citizen complaints;
12. Emphasize a user-friendly approach;
13. Apply technology whenever beneficial.
Guideline C:
The City of Brookings has unique enterprise operations including the Solid Waste Fund,
the Edgebrook Golf Course, the Research and Technology Center, and the Liquor Retail
Store. In terms of enterprise operations the City Manager will remain aware of and
knowledgable of all finances and operatons of these eneterprises.
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City of Brookings
Policy: CC 110 Title: Ends Policy, Business Models
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
1
Business Models (Long Range Planning, Customer Satisfaction, Productivity and Process
Improvement): Key Performance Areas
Operation of the City under a business model, emphasizing long-range planning
(customer satisfaction, and productivity and process improvement), is considered a key
performance area by the Brookings City Council, and appears in the Mission Statement as
“innovative thinking and strategic planning.”
The City Council chooses to import models and practices not only from government, but
just as importantly, from innovative business models. In other words, the Council wants
the City, whenever possible and prudent, to operate with similar systems and attitudes
adopted by any successful business. Some of the major themes the Council chooses to
emphasize are:
1. Benchmarking. The Council wants to constantly compare City performance with
other cities and other departments to be sure Brookings is operating in not only an
efficient, but creative and innovative manner. The Council is aware that Brookings
is unique—at times, the City’s emphasis and direction will, and should, differ
considerably from other cities. However, information about best practices from
other communities will always help the Council make better choices.
2. Continuous improvement. The Council expects measurements of performance to
challenge the status quo through the use of continuous improvement processes.
Since the needs of our citizen customers are constantly changing, so should our
practices.
3. Goal-setting. The Council expects each city department to set challenging goals.
4. Accountability. The Council expects the City Manager to hold City Employees to
standards that encourage excellence.
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City of Brookings
Policy: CC 111 Title: Ends Policy, Economic Development
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
1
Economic Development: Key Performance Area
Economic Development and expansion is considered a key performance area by the
Brookings City Council, and appears in the Mission Statement as “fostering a diverse
economic base.”
The Council understands and intends to emphasize the importance of a healthy economy
in Brookings and the surrounding area. For the entire community a healthy economy is
critical to a high quality of life. Because of its great importance, there are many entities
involved in economic development in Brookings. As the City is a significant funding
source for much of the economic development efforts in Brookings it is the Council’s
intention to spend economic development dollars in the wisest most productive manner
possible.
The City Council’s desired End is to have an economy that is healthy and growing with
enough economic activity to support and fund public services. To achieve this end, the city
will implement and maintain an economic development masterplan that gives direction
for municipal funding and economic development partnership expectations. The plan will
include goals, metrics and indicators of success.
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City of Brookings
Policy: CC 112 Title: Ends Policy, Employee Training and Development
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
3
Employee Training and Development: Key Performance Area
Employee Training and Development is considered a key performance area by the
Brookings City Council, and appears in the Mission Statement as “proactive, fiscally
responsible municipal management.”
The Council values the City of Brookings employees as emissaries to the world. With this
in mind, the work environment for employees shall be one in which employees are
appreciated, and encouraged to grow and expand their skills. Compensation and benefit
packages will promote excellence, within the safest possible working conditions. The
goal of training shall be to provide tools to assist staff to exceed management and
customer expectations.
Deviations from the below stated guidelines must be reviewed and approved by the
Council.
Guideline A:
Training shall equip employees with the attitudes and behaviors necessary to achieve
excellence.
Based on this guideline, training shall:
1. Commence immediately upon hiring, and continue throughout the career of the
employee, providing specific tools for optimal performance and productivity;
2. Emphasize continuous improvement of employees and processes;
3. Enhance an employee’s opportunity for promotion;
4. Emphasize customer service;
5. Focus on effective technological practices.
Guideline B:
Compensation Ranges will be objectively determined by the City Manager in accordance
with this policy. Research shall compare compensation and benefits with those of other
public entities with whom the City may compete for qualified employees, along with
private sector organizations that have similar positions in the surrounding area.
Infrequently, full market surveys may be required to evaluate and implement necessary
modifications to the City’s pay system. Full market surveys that might require the
services of a consultant to evaluate the City’s compensation levels will be completed only
upon recommendation of City Manager and approval by the Council.
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The organizations to be included in the market research for non-exempt positions will
consist of other public sector entities primarily in South Dakota, as well as private sector
organizations in the local region, as appropriate, that have similar positions. For
management and professional positions, the market will include many of the
organizations previously identified, plus similarly sized cities in surrounding states that
the city would compete with for applicants as identified by the City Manager.
It is not intended the market will include significantly larger South Dakota cities, such as
Sioux Falls and Rapid City, unless the market conditions clearly suggest the need to do so.
In order to ensure there is consistency in the methodology used when determining the
compensation ranges and benefits, the City Manager will follow the guidelines below.
In addition to infrequent full market surveys, periodic checks of benchmark positions will
be completed as directed by the City Manager to monitor and maintain the City’s
compensation program. To maintain compensation levels that are comparable to market,
the City Manager will identify and select benchmark positions and organizations to survey
on a timetable appropriate to upcoming budget year. Efforts will be made to survey the
same or like organizations as in the previous survey unless an exception to this policy can
be justified.
In order to maintain the internal equity of the compensation system, the Job Factor
Evaluation System adopted by the City will be used for all job classification reviews. The
job evaluation is not intended to provide a specific value for a position; rather it is intended
to provide an assessment of the “relative” value of a position to the organization,
compared to other positions. The following criteria defined in the Job Factor Evaluation
will be used in evaluating the internal equity placement of City positions:
1. Scope of Supervision: Factor measures both the level of supervision required as
well as the number of individuals supervised.
2. Job knowledge: Factor measures the extent and nature of knowledge required to
perform the duties of the position.
3. External Contacts: Factor measures the nature and frequency of external
contacts.
4. Decision Making: Factor measures the level of decision-making and independent
thought required.
5. Job Complexity: Factor measures level of analytical ability required in the position
and the complexity of typical situations faced.
6. Physical Working Conditions: Factor measures nature of physical working
environment and frequency in which employee typically works in that
environment.
7. Exposure to Hazards: Factor measures employee’s typical exposure to health and
physical dangers and frequency of such exposure.
The pay grades and pay ranges will remain consistent and uniform as follows:
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1. The employees pay grades will be determined by a market salary analysis. The pay
grades will be determined based on position title, specific duties involved, and job
factor evaluation system.
A combination of the data collected on the identified benchmark positions and the job
factor evaluation system will be used to place each City position at appropriate pay
grades in the City of Brookings Pay Plan Schedules. By using both the market survey data
and the job factor evaluation, the City will have a pay system that is within market and
reflects the City of Brookings organization.
The Council will not assume an obligation to automatically increase pay ranges without
justification. Justification will rely on a review of the Midwest CPI and specific salary date
received/obtained from sources as determined appropriate by City Manager. The
purpose of this process is to develop a pay system that is fair and within market and to
provide a process that is consistent and reproducible.
In summary, this policy provides further definition to the following Council policy. It is the
intent of the Council for compensation to:
1. Be commensurate with individual productivity within the market range;
2. Be systematic, with defined ranges, with consistent span in the pay ranges where
feasible using the median of the maximum rate of pay of surveyed positions as a
benchmark;
3. Be used as a reward and motivation to achieve excellence;
4. Be attractive to top candidates;
5. Be adequate to retain top performers;
6. Exceed standards only when justified by exceptional performance;
7. Emphasize the use of reward bonuses over pay increases;
8. Be structured, when appropriate, to allow staff attrition to maintain market rates.
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City of Brookings
Policy: CC 113
Title: Ends Policy, Intergovernmental Cooperation &
Relations
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
1
Intergovernmental Cooperation and Relations: Key Performance Area
Intergovernmental Cooperation and Relations is considered a key performance area by
the Brookings City Council, and appears in the Mission Statement as “providing a high
quality of life for citizens…through innovative thinking and strategic planning.”
The Council wishes to coordinate efforts with other governmental bodies, to mutual
benefit, whenever possible. The Council will work closely with any governmental body
seeking to serve the best interests of the Citizens of Brookings in a more integrated
manner.
Staff must remember their importance in establishing and maintaining rapport with
scores of governmental agencies and groups. At times, one staff person is the only
representative of Brookings to encounter a given government official and regardless of
the size or length of the interaction, the Council expects staff to conduct themselves in a
manner that would be the pride of Brookings.
Though too numerous to mention every governmental body, examples of governmental
bodies that the Council wishes to coordinate efforts with include (not in order of
importance): Federal, State, County, University, School District, Cities, and Municipal
League.
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City of Brookings
Policy: CC 114 Title: Ends Policy, Strategic Planning
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Ends
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager, Staff
Total Pages:
1
In an effort to live out the City’s Mission Statement, the Council and staff will utilize a
systematic process of Strategic Planning to guide its major policy decisions. Strategic
Planning is a disciplined effort to produce fundamental decisions and actions that shape
and guide organization, its purpose, function, priorities, decisions, and implementation
process. Consistent with this process the City Council will implement and maintain a
current Strategic Plan.
The result of this deliberative process should ideally be a specific set of priorities,
developed and adopted over a timeline as determined by the Council, consisting of over-
arching policy goals and objectives as outcomes of the decision-making process. The
staff will then provide a suitable work plan that will ensure the effective implementation
of the policy goals.
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City of Brookings
Policy: CC 200 Title: Council-Staff Linkage
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council, City Manager,
All Staff
Total Pages:
2
Council-Staff Linkage, City Manager Role
As the Council's primary operational link to City government, the City Manager's
performance will be considered to be synonymous with organizational performance as a
total. Consequently, the City Manager's job contributions can be stated as performance in
these, but not limited to:
1. City government accomplishment of the provisions of Council policies.
2. City government operation within the boundaries of prudence and ethics
established in Council policies on Executive Limitations.
Council-Staff Linkage, Delegation to the City Manager
All Council authority delegated to staff is delegated through the City Manager, so that all
authority and accountability of staff -- as far as the Council is concerned -- is considered
to be the authority and accountability of the City Manager.
1. The Council will direct the City Manager to achieve certain results, for the citizens,
at a certain cost, through the establishment of policies. The Council will limit the
latitude the City Manager may exercise in practices, methods, conduct, and other
"means" through the establishment of Executive Limitations within those policies.
2. As long as the City Manager uses any reasonable interpretation of the Council's
policies, the City Manager is authorized to establish all further policies, make all
decisions, take all actions, establish all practices, and develop all activities.
3. The Council may change its policies, thereby shifting the boundary between
Council and City Manager domains. By doing so, the Council changes the latitude
given to the City Manager. Council members will respect and support the City
Manager’s decisions and choices, whenever made pursuant to existing Council
Policies.
4. Only decisions of the Council acting as a body are binding upon the City Manager.
5. In the case of Council members, citizen advisory committees, or others, requesting
information or assistance without Council authorization, the City Manager may
turn to the Council for guidance, especially when such requests will require an
inordinate amount of staff time or funds, or are disruptive to the efficient operation
of the City.
Council-Staff Linkage, Monitoring Executive Performance.
Monitoring executive performance is synonymous with monitoring organizational
performance against Council policies. Any evaluation of the City Manager’s performance,
formal or informal, shall be measured against these expectations. This policy places the
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burden of measuring performance on two primary considerations: well-defined policies,
and reasonably accurate measurements. Without well-defined policies and reasonably
accurate performance metrics, the effectiveness of monitoring performance is
compromised.
1. The purpose of monitoring is simply to determine the degree to which Council
policies are being fulfilled. Information that does not do this will not be considered
monitoring. Monitoring will be as automatic as possible, using a minimum of
Council time so that meetings can be used to create the future rather than to
review the past.
2. A given policy may be monitored in one or more of three ways:
a. Internal report: Disclosure of compliance information to the Council from
the City Manager.
b. External report: Discovery of compliance information by an objective party
who is selected by and reports directly to the Council. Such reports must
assess executive performance only against policies of the Council, not
those of the external party unless the Council has previously indicated that
party's opinion to be the standard.
c. Direct Council inspection: Discovery of compliance information by a Council
member, or the Council as a whole. This is a Council inspection of
documents, activities or circumstances directed by the Council which
allows a "prudent person" test of policy compliance.
3. The Council recognizes that, at times, non-compliance with a policy may be
necessary and prudent in the short-term. However, in order to monitor the
performance of the City, and to modify policies that need improvement, the Council
must be constantly aware of compliance issues. The Council expects monitoring
and reporting compliance or non-compliance to be the City Manager’s highest
priority. To promote regular monitoring, the Council asks the City Manager to
follow these guidelines:
a. All policy will be monitored by the City Manager who is expected to be
responsible for achieving and maintaining compliance.
b. Any non-compliance of material significance shall be reported to the City
Council as soon as practical; and such non-compliance shall be monitored
and corrective actions taken by the City Manager to re-gain compliance.
4. At a minimum annually, the Council will institute a formal evaluation of the City
Manager.
City of Brookings
Policy: CC 201 Title: City Manager Direction
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
1
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The objective of this policy is to guide City Council Members on direction given to the City
Manager on issues or items requiring action.
The City Council must take action through a motion, a second, and a vote during a public
meeting in order to give formal direction to the City Manager. Individual Council members
may continue to request information or assistance from the City Manager.
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City of Brookings
Policy: CC 202 Title: Public Comment Policy
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council & Public
Total Pages:
5
Introduction
The Brookings City Council encourages all residents to attend its meetings and welcomes
their views on matters within the Board’s jurisdiction, whether expressed in person,
electronically, or by written communication. All comments made by the public and
members of the City Council must be civil and respectful.
All regular and special meetings of the Brookings City Council shall be open to the public
and shall conform to the Open Meetings Laws of South Dakota. The public is precluded
from attending an executive session of the Brookings City Council.
Authority of the Chair
In accordance with the Brookings City Charter, the Chair of the Brookings City Council is
the designated individual who presides over City Council meetings. No person shall
address a meeting of a public body without permission of the Chair, and all persons shall,
at the request of the Chair, be silent.
If a person:
Speaks out of order,
Expresses obscenities, threats, or inflammatory words, or
Engages in other disorderly conduct during a meeting.
The Chair shall have the right to rule said person out of order, and may take steps to
maintain order.
Procedure for General Public Comments
1. Public comment will occur in the regular meeting during the Open Forum, except
as otherwise determined by the Chair.
2. The Chair will commence the Open Forum with the following statements, “All
speakers are asked to present their comments in a respectful and courteous
manner, and within the 3-minute time limit. If obscenities, threats, or
inflammatory words are expressed during this meeting, you will be asked
immediately to stop commenting. The comments and views expressed by the
public are those of the speakers and do not necessarily reflect the views or
positions of the City of Brookings or City Council.” This statement will be listed on
the agenda. The streaming video will contain a brief narrative consistent with this
policy.
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3. Each person wishing to provide public comment in writing shall deliver such public
comment to the City Clerk. To be included in the public record, written public
comment must identify the person offering the public comment and their city of
residence and the agenda item for which public comment is being offered or
whether it is being offered as general public comment. Any public comment that
does not include the name of the person submitting it will not be forwarded to the
Council. Such public comment must be received by the City Clerk by 5:00 p.m. of
the meeting day. Any public comment received after the deadline will not be
posted prior to the meeting.
4. Each person wishing to provide live public comment is encouraged to make such
public comment in person at the location advertised by the City Clerk. Individuals
who wish to comment are asked to sign in with the City Clerk upon arrival at the
meeting. If the City provides remote, electronic, or virtual options for providing live
public comment, then the City Clerk shall, in advance of each meeting, post on the
City's website how to provide such public comment. Please note the primary
format for providing live public comment is in person. The City cannot and does not
guarantee remote, electronic, or virtual access to meetings.
5. Comments will be limited to 3 minutes per person. Verbal comments will be
curtailed by the Chair once they exceed the time limits.
6. Speakers will begin their remarks by clearly stating their first and last name and
city of residence for the record.
7. All comments must be made from the podium and must be directed to the Chair,
unless the Chair determines otherwise. All others will be ruled out of order.
8. Speakers may not assign their time to another speaker, and in general, extensions
of time will not be permitted. However, speakers who require reasonable
accommodations for a speech-related disability or who require language
interpretation services, or any other accommodations may request those
accommodations from the City Clerk. Accommodations will be provided as the City
is able. Speakers are encouraged to notify the City Clerk by email, or by phone at
least 48 hours in advance, if possible, of the meeting if they wish to request an
extension of time for one of these reasons.
9. Although the Public Comment time may be used to address questions to the
Council, a speaker is not entitled to a response to any such question.
10. The Chair shall have the right to interrupt a speaker in order to enforce
decorum and applicable rules. Other members of the City Council can call
for a point of order.
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11. The Chair reserves the right to terminate speech that is not Constitutionally
protected, because it constitutes true threats, incitement to imminent lawless
conduct, comments that were found by a court of law to be defamatory, and/or
sexually explicit comments made to appeal to prurient interests.
Interruptions and Other Disturbances:
Members of the public are required to act with decorum and to address the
Governing Body and each other with respect. No person shall interrupt the
proceedings of the City Council or cause any other form of disturbance or
disruption. In furtherance of this general rule, the following specific rules shall
apply to persons attending any meeting of the City Council:
1. Members of the public shall not engage in audible conversation or making noise in
a way which inhibits individuals from hearing and/or participating in a public
meeting, or disrupts the conduct of business by the Council.
2. Unless otherwise approved in advance of a Council meeting by the Chair or
the Chair's designee, no sign or placard greater in size than 8.5" by 11" may
be brought into the meeting room at any time. When a sign larger than 8.5"
by 11" is authorized by the Chair or the Chair's designee, no such sign or
placard shall be displayed in a manner which will inhibit individuals from
viewing a public meeting, or that will otherwise disrupt the conduct of
business by the Council. All signs must be consistent with restrictions set
forth in the authority of the chair section.
3. Members of the public shall remain seated or stand without causing obstruction at
all times; however, any person may enter and leave the meeting room at any time,
provided such entrance or exit is made quietly and in an orderly fashion.
4. No person may be physically aggressive, impertinent, threatening, or
otherwise uncivil, uttering fighting words, speeches invasive of the privacy
of individuals, unreasonably loud speech, and speeches so disruptive of the
proceedings that the business of the City is substantially interrupted.
5. It shall be the duty of the Chair to preserve order and decorum. Any
member of the public engaging in disruptive behavior that interferes with
the Governing Body's ability to conduct the business of the City may, after a
warning, be subject to removal from the meeting. The Chair may limit the
comments of any person who engages in this conduct. No person may
continue to speak after the Chair has taken the floor from that person. The
following specific conduct is prohibited during any meeting of the Council:
a. Conduct in violation of any City ordinance, state or federal law, or any
rule or regulation implementing state or federal law;
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b. Interruption of speakers; name calling; boisterous remarks; yelling;
excessive loud commentary as determined by the Chair;
c. Offensive use of abusive, obscene, profane, or threatening language
or gestures;
d. Acting or behaving in such an unreasonable manner so as to provoke
a breach of the peace; and
e. Any other act designed to intimidate, threaten, or harm persons, or
damage or destroy property.
f. The Chair shall have the right to interrupt a speaker in order to
enforce these rules or other applicable rules of order. Any member
of the governing body may call for a point of order to address any
potential violations of this policy.
6. Members of the public shall silence all electronic devices.
Response to Public Comments
1. Upon closing of the Open Forum period, further public comments pertaining to
items not on the agenda will not be heard, unless approved by the Council.
2. During the Open Forum Period. City Council will generally listen rather than
respond to comments.
3. Public comments related to repairs, maintenance, safety issues, or general
information will be referred to the appropriate department through the City
Manager.
Enforcement
The standards of process and decorum set forth in these Rules will be enforced
with necessary means, up to and including eviction from the premises of the
meeting at the order of the Chair or a majority of the Members. In addition, a
person who violates the standards of process and decorum will be subject to other
action as deemed necessary by the Chair and Members. The removal of an
offender from a public meeting shall proceed as follows:
1. The Chair shall give the offender notice they are violating certain terms of
these Rules and is subject to removal from the public meeting; however,
depending on the severity and nature of an act performed by a disruptive
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individual, the Chair may call for immediate removal of the offender from
the meeting room.
2. If the offender continues to violate any of the provisions of these Rules after
receiving the above notice, the Chair may order the removal of the offender
from the meeting room. If the offender continues the disturbance outside
the meeting room, such that the orderly conduct of business by the Council
is disrupted, the offender may be removed from the premises.
3. The offender has no right to appeal from an order of the Chair requiring the
removal of the offender from the meeting room or from the City/County
Building or meeting premises.
4. The offender removed from the premises may be criminally charged for any
violation of applicable law.
5. Any offender found in violation of these Rules may be suspended from the
opportunity to speak at a public meeting of the City Council. The first such
suspension of an offender shall not be for a period of greater than one
month. A second such suspension within a 12-month period shall not be for
a period of greater than two months. A third such suspension within a 12-
month period shall not be for a period of greater than three months. Any
additional suspensions within a 12-month period shall not be for a period of
greater than 12 months. Any violators can continue to utilize the public
comment section of the meeting within the electronic Granicus system.
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City of Brookings
Policy: CC 203 Title: City Council Study Session Format
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council, Staff, Public
Total Pages:
2
1) Definition & Purpose. Study sessions are a common way for governing bodies to
manage the time of formal meetings more effectively. By conducting the majority
of the discussion at a study session, time allotted during the regular council
meeting can be reserved for public input and formal decision-making.
Certain issues before the council are also more complicated than others and
require extra time and in-depth discussion that is difficult to accommodate in a
regular council meeting.
Study sessions can also provide opportunities for Council, staff, and members of
the public to review details and options regarding various topics that will be
brought to Council for their action at future meetings.
Purposes include:
Educational information about issues.
Receive progress reports on projects.
Review pending items.
In-depth policy discussions.
Receive presentations from staff, volunteer boards, experts and
community groups.
2) General Rules
Open to the public.
All meetings will be televised, pursuant to city policy.
Meetings will be in the City & County Government Center Community room
unless circumstances require it to be moved.
Seating and tables will be arranged in a “U” shape to facilitate open dialogue
when in the community room.
A quorum of the Council is required to hold a study session.
Only votes on procedural items will be allowed.
Public input is allowed.
Meetings are considered regular in nature and not subject to special
meeting stipend pursuant to Resolution No. 110-10.
3) Frequency/Day/Time
One study session monthly or unless canceled by Council action.
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Third Tuesday of the month, unless council meeting schedule is already
altered.
Start at 6:00 p.m.
4) Agenda; process, content
Same deadlines as regular meeting. Friday prior at 5:00 p.m. for all agenda
topics and supporting materials, including PowerPoint and other
presentations.
Topics are previously agreed upon issues.
A public agenda packet will be published.
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City of Brookings
Policy: CC 204 Title: City Council Code of Ethics
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
2
The mayor and council are responsible for making policy decisions for the community.
The City Council provides vision, direction and leadership to the community and the
organization. The City Council further represents the Brookings Community. In order to
maintain and enhance public trust and confidence in our local government, to achieve
equity and social justice, to affirm human dignity, and to better the quality of life for
residents of Brookings, the members of the City Council dedicate themselves to the
stewardship of the public trust. Therefore, Council Members embrace the following
ideals, seeking to:
Uphold constitutional government and the laws of the City of Brookings by
recognizing they are an agent for the democratic process and not a sole individual
representing the City Council;
Conduct public and private life as to be an example for fellow citizens and take
responsibility for their actions, even when it is uncomfortable or unpopular to do
so;
Be mindful of their neutrality and impartiality, rendering equal service to all and to
extend the same treatment they wish to receive;
Abstain from participation and voting when a conflict of interest exists in
accordance with the Brookings City Charter, Section 7.01 (a) Conflicts of Interest
provision and Ordinance 2-63;
Be tolerant, respectful, and attentive to diverse ideas, suggestions and opinions;
Maintain and respect the confidentiality of private and confidential information;
Treat all persons, claims, and transactions in a fair and equitable manner;
Attend and be actively engaged in regular and special meetings, including
briefings, and public functions where their presence is expected and be prepared
in the execution of such;
Be a prudent steward of public resources, and actively consider the impact of their
decisions on the financial and social stability of the City and its citizens;
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Make decisions based on the merits of the issue with attention to due process and
citizen participation;
Be knowledgeable and develop an understanding of local, state, and national
governmental guidance, directives, regulations and ordinances pertaining to the
position.
Be prepared to make unpopular decisions based on their interpretation of the
public’s best interest;
Make decisions and recommendations based upon research and facts involving
staff and stakeholders which considers the goals, impacts and the best interest of
the greatest number of those affected.
It is the policy of the City of Brookings to uphold, promote, and demand the highest
standards of ethics from all its Council members. Brookings Council members shall
maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness
in carrying out their public duties, avoid any improprieties in their roles as public servants
including the appearance of impropriety, and never use their city position or powers for
improper personal gain.
The code of ethical behavior will govern members of the City Council. City Council
members are encouraged to monitor their compliance and offer constructive
recommendations to fellow Council members if necessary. Members of the City Council
will accept these ideals and policy, and pledge to do in the interest and purposes for which
the government has been established.
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City of Brookings
Policy: CC 205 Title: City Council Vacancy
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council
Total Pages:
4
It shall be the policy of the City of Brookings that a procedure be developed to follow in the
event a vacancy occurs on the City Council.
The Objective of this policy is to have an established procedure in the event of a City
Council vacancy.
The City of Brookings shall follow the procedure outlined in the event a vacancy occurs on
the City Council:
1. Positions. The elected City officers of the City of Brookings are the Mayor and six (6)
City Council members.
2. City Charter Reference - Filling of Vacancy. Any vacancy occurring in the office of
Mayor or City Council must be filled pursuant to City Charter, Section 2.06 – Vacancies;
Forfeiture of Office; Filling of Vacancies:
(d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy
in the office of Mayor or of a City Council Member shall be filled for the
remainder of the unexpired term at the next regular City election. The Council
by a majority vote of all its remaining members shall appoint a qualified person
to fill the vacancy until the person elected to serve the remainder of the
unexpired term takes office. However, if the vacancy occurs less than sixty
days prior to the next regular City election, then the person appointed to fill the
vacancy shall continue to serve and the vacancy shall be filled at the regular
City election immediately following the next regular City election.
Notwithstanding the requirement in Section 2.11, if at any time the membership
of the Council is reduced to less than 6, the remaining members shall, within
sixty (60) days, fill the vacancies by appointment or call for a special election to
fill the vacancies.
3. Schedule. The City Council must establish a schedule for the following steps in the
appointment process:
Date to issue press release.
Deadline to submit applications.
Date of initial meeting for applicants to meet with the City Council.
Date to appoint the new Council member no less than one week after initial
meeting.
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Date for the swearing in ceremony.
4. Public Announcement. Immediately after the Council decision to fill the vacancy, the
City Clerk shall issue an announcement a vacancy has occurred and invite legally
qualified persons to apply for the vacancy. See example press release:
Applications for City Council Member
The Brookings City Council is now accepting applications from Brookings residents
interested in the vacant City Council member position effective until _______.
Applicants are to submit an application and any other pertinent information to the City
Clerk not later than ______at 5:00 p.m. The City Council will take action to approve this
appointment to the Council on or before ________.
Applications for Appointment are available at City Hall, 311 Third Avenue, or by calling
(605)692-6281. Applications must be submitted to the City Clerk not later than ______
by 5:00 p.m.
"The City of Brookings is responsive to requests for communication aids and the need
to provide appropriate access, and will provide alternative formats and accessible
locations consistent with the Americans with Disabilities Act."
5. Application Packet. Applicants will be provided with an application form, Code of
Ethics, City Policies, current budget, Conflict of Interest Ordinance, and proposed
appointment schedule. Applicants will be asked to submit a completed application,
signed Code of Ethics, resume, and any other information to the City Clerk.
6. Council Notification:
A. The City Clerk will provide qualified applicants list and copies of applications to
the Mayor and City Council.
B. The names of applicants will not be released to the public prior to the
application deadline.
C. After the application deadline, the public will be provided with the list of
applicant names upon request; however, the applications will be released with
any confidential information redacted.
7. City Council Applicant Review & Nominations:
A. Presentations. Applicants will be invited to appear before the City Council at a
planning or action meeting to provide comments and respond to questions.
1. Each applicant’s introductory remarks will be limited to 10 minutes.
2. All Council members will have an opportunity to ask questions.
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B. Public Comment. Public comment will be heard.
C. Council Review. The City Council may discuss, at an open meeting, the
qualifications of the candidate or candidates.
D. Executive Session. The City Council may also enter into Executive Session for
the sole purpose of discussing the qualifications of the applicants. The purpose
of the executive session would be for each Council member to share their
views about the qualifications and that the issue be thoroughly discussed. If it
appears that a majority of Council members do not believe a certain candidate
is most qualified, further discussion about the qualifications can occur. The
executive session minimizes misunderstandings about the opinions of each
Council member concerning the qualifications of the candidates, and avoids the
use of a secret ballot, which is not specifically authorized in the law. In addition
to the City Council members, the City Manager, City Attorney, and City Clerk
would also be present during the executive session.
E. Council Comments. City Council members will be given an opportunity to make
public comments.
F. Public Comment. Public comment will be heard before a motion to nominate a
legally qualified person to fill the vacancy, but after the comments of the City
Council.
G. Nomination(s). At the conclusion of public comment, a motion by any member
of the City Council to nominate a candidate may be made to fill the vacancy. The
nomination requires a second in order to be voted upon. The motion must
specify the name of the applicant and the effective date of the appointment. The
first nominated and seconded legally qualified person receiving a majority of
votes from those voting will be elected to fill the vacancy. A majority of all
Council Members remaining must occur. If the motion fails, the floor would be
open for another motion. The use of a secret ballot will not be allowed. If the
vote results in a tie, further discussion and action may be permitted.
H. Term. Appointed Council Members are appointed to fill a vacated position for a
period not more than one (1) year. Per City Charter Section 2.06 (d), “….then the
person appointed to fill the vacancy shall continue to serve and the vacancy
shall be filled at the regular City election immediately following the next
regular City election…”
8. Swearing In Ceremony. The newly appointed City Council member will sign an Oath of
Office and be presented with an Appointment Certificate.
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City of Brookings
Policy: CC 206 Title: Equal Opportunity Policy Statement
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
City Council, Staff
Total Pages:
1
It is the fundamental policy of the City of Brookings to provide equal opportunity for all
persons, including applicants and employees as it pertains to provision of services and
employment opportunities in order to ensure that there will be no discrimination against
any person on the basis of race, creed, color, religion, sex, pregnancy, age, national origin,
citizenship status, sexual orientation, gender identity and expression, political affiliation,
genetic information , disability, marital or veteran status, or any other basis prohibited by
state or federal law.
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City of Brookings
Policy: CC 298 Title: Design Build Procurement
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
Staff, Design-Build Firms
Total Pages:
7
Purpose
In order to comply with State Law requirements for design-build procurements, the City
of Brookings adopts these procedures and will select design-build firms to provide
combined design and construction services for authorized projects in accordance with
the following procedures:
Definitions
For purposes of these procedures, the following definitions apply:
1. “City” means the City of Brookings.
2. “Department” is defined as any department of the City of Brookings, including the
Dacotah Bank Center.
3. “Firm” is defined as any individual, firm, partnership, corporation, association, joint
venture, or other legal entity permitted by law to practice engineering, architecture or
construction contracting in the State of South Dakota.
4. “Project” is defined as that project described in the public announcement.
Minimum Qualification Requirements for Firms Providing Design-Build Services
Design-builders shall be registered with the Department of Revenue prior to contract
award. Where required by State Law, the design-builder shall be able to provide design
or construction services by licensed or registered individuals.
Public Announcement Procedures
Except in emergency situations, the Department will publish an announcement in
accordance with SDCL §5-18B-1. The announcement will set forth a general description
of the project requiring design-build services and will define the time frame and
procedures for interested qualified firms to apply for consideration. The public
announcement will further state whether design-builders will be pre-qualified for the
project.
Technical Review Committee
There will be a Technical Review Committee (Committee) comprised of the following:
1. The City Engineer, or their designee;
2. Representatives of the Department of the City involved in the design-build
procurement project.
The Committee will have the responsibility to determine the most qualified offerors as
provided in “Qualification of Design-Builders,” as well as the responsibility to rate any
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rating Proposals received, as provided in “Competitive Selection of Design-Build
Services.”
Criteria Package and Request for Proposals
1. The City will prepare a criteria package. The criteria developer may be either a private
practitioner (selected in accordance with the City’s procedures for sele cting design
firms) or the criteria developer may be a staff member of the City. The criteria developer
is prohibited from being part of the bidding entity. The criteria package may include the
following:
Scope of work;
Site survey (if necessary);
Material quality standards;
Conceptual design criteria;
Design and construction schedules;
Site development requirements;
Stipulation of responsibilities for permits;
Stipulation of responsibility for meeting any environmental regulations;
Soil borings and geo-technical information (if necessary);
Traffic control stipulations;
Performance specifications; and
Statement of required compliance with codes and general technical specifications.
2. The purpose of the criteria package is to furnish sufficient information for firms to
prepare qualitative proposals and price proposals. The firm submitting the successful
proposal shall develop a detailed project design based on the criteria in the criteria
package. Moreover, the firm shall construct the improvement in accordance with the
criteria package.
3. The Request for Proposals ("RFP") shall consist of the Criteria Package, Instructions to
Bidders, Bid proposal forms, provisions for contracts, general and special conditions, and
basis for evaluation of proposals.
Qualification of Design-Builders
1. The City will qualify design-builders on a project-by-project basis.
2. The City will advertise in accordance with SDCL § 5-18B-1 for a Request for
Qualifications (“RFQ”). The RFQ shall contain the following:
A general description of the project;
A description of the areas of qualification required for performance of the work, such
as experience, management resources, and financial capability;
The basis upon which the most qualified offerors will be determined; and
Any other requirements the City deems necessary.
Firms desiring to submit proposals on the design-build project shall submit a Statement
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of Qualifications setting forth the qualifications of the entities involved in the firm and
providing any other information required by the RFQ.
3. The Committee shall determine the relative ability of each Design-Build bidding entity
to perform the services required for each project. The Committee shall base its
determination upon the following:
Experience with comparable projects;
Financial capacity;
Managerial resources;
The abilities of the professional personnel;
Past performance;
Capacity to meet time and budget requirements;
Knowledge of local or regional conditions;
Recent and current project workload;
The ability of the design and construction teams to complete the work in a timely
and satisfactory manner; and
Any Pre-qualification forms submitted by the entity.
4. The Committee shall select at least three, and no more than five, firms deemed to be
most highly qualified to perform the required services, after considering the factors in
item 3 above. The Committee will report its selection of most highly qualified firms to the
City Manager. The minimum number of pre-qualified design-builders is not required for
any improvement project that is complex in nature, requires close coordination of design
and reconstruction, or new construction (SDCL §5-18B-29).
5. The City Manager or their designee shall issue RFP’s to the most highly qualified firms
selected by the Committee.
Competitive Selection of Design-Build Services
1. Each firm submitting a proposal shall submit a Qualitative Proposal and a Price
Proposal. Only firms receiving an RFP may submit proposals. Proposals shall be
segmented into two packages. Any proposal shall be accompanied by a deposit or bond
meeting the requirements of SDCL 5-18B-2. The deposit or security may be forfeited if the
proposal is accepted but the design-builder fails to execute the design-build contract.
Qualitative Proposal. A qualitative proposal shall include preliminary
design drawings, outline specifications, technical reports, calculations,
permit requirements, management plan, schedule, and other data
requested in response to the RFP. Qualitative proposals shall be submitted
in a sealed package, which identifies the project and the design-builder on
the outside of the package. Each firm shall place the words “QUALITATIVE
PROPOSAL” on the outside of the package. Nothing contained in the
qualitative package, except the project management plan set forth below
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shall identify the design-builder. The project management plan shall be
submitted in a separate envelope within the qualitative proposal package.
Price Proposal. Price proposals shall include one lump sum cost for all
design and construction of the proposed project. Each firm shall submit its
price proposal in a separate sealed package. Each firm shall place the
words “PRICE PROPOSAL” on the outside of the package. Each firm shall
also place its name, the project description, and any other information
required by the RFP on the outside of the package. The City shall retain
unopened the Price Proposals until the time provided in “Best Value
Selection” set forth below.
2. Each qualitative proposal shall be assigned a number by the staff member responsible
for the project. The proposal, with the exception of the Project Management Plan, shall be
submitted to each member of the Committee with only the assigned number to identify the
design-builder (it is intended that the Committee members not know the identity of the
design-builder during the review and scoring of the technical and scheduling aspects of
the packages). The Project Management Plan shall be submitted to the Committee
members for review and scoring only after they have turned in their scores for the other
portions of the qualitative proposal. The Committee members shall review the design
concepts, preliminary designs, and technical data submitted by each firm. Prior to issuing
their ratings, the Committee members may consult with each other and with any
Consultant hired by the City to assist with the design-build procurement process. The
Committee members shall then independently rate each firm’s proposal based upon
criteria established by the Committee for the project. The criteria may include the
following format example, but shall be adjusted for the particular characteristics of the
project prior to the advertisement of the RFP:
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EXAMPLE
1. Technical Criteria Maximum Score: 65
2. Project-specific Management Plan Maximum Score: 20
A. Management Plan and Organization
B. Resumes of Key Professional and Managerial Personnel
C. Quality Assurance Plan
D. Safety Plan
E. Minority and Disadvantaged Business Participation Plan
3. Project Schedule Maximum Score: 15
A. Construction Schedule and Ability to Meet Schedule
B. Architecture and Engineering Design Schedule and Ability to Meet
Schedule
C. Length of Construction and Design Schedule
Total Maximum Score: 100
3. The Committee may adjust and refine all of the above criteria and the points assigned to
each based on the project type and the City’s experience. The Committee may reduce the
weight of management criteria or omit it entirely if it is sufficiently determinative in
selection of the most qualified offerors under “Qualification of Design-Builders.” The
Committee may omit the Firm’s Scheduling (current project workload) as criteria when a
firm project deadline is a fixed requirement in the RFP.
4. The Committee members shall, without conferring with one another, submit their
criteria scores for each design-builder to the City Manager. The City Manager or their
designee will average the scores of the Committee members for each design-builder to
arrive at a single score for each design-builder.
Best Value Selection and Award for Design-Build Services
1. The City Manager or their designee will set a date for publicly opening the price
proposals, and shall notify all firms submitting price proposals at least seven calendar
days prior to the opening date. The notification shall include the date, time, and place of
the opening of price proposals and date for award of the project.
2. The City Manager or their designee will publicly open the sealed price proposals and
divide each firm’s proposed price by the qualitative score after converting the qualitative
score to a percentage (i.e. 90 x .01 = 90%) given by the Committee to obtain an "adjusted
price." The firm selected will be that firm whose adjusted price is lowest. An example of
the "best value" selection formula follows:
Firm Qualitative Score Proposed Price Adjusted Price
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A 90 $6.9 $7.67
B 79 $6.3 $7.97
C 84 $6.8 $8.09
(Award to Firm A at $6.9)
3. Instead of requiring Qualitative Proposals and Price Proposals, the City may establish a
fixed dollar budget for the design-build project in the RFP. With a fixed price established
for all proposers, each firm would submit only Qualitative Proposals. The City would
award the project to the firm receiving the highest qualitative score.
4. The City reserves the right to reject all proposals. The City will either reject all
proposals or approve an award to the firm with the lowest adjusted price. The City
Manager or their designee will notify all proposers in writing of the City’s intent to enter
into a contract with that firm.
5. The City shall enter into a contract with the firm selected as provided above.
Negotiated Changes and Preservation of Confidential Information
The procedures for negotiations between the City of Brookings and those submitting
proposals prior to the acceptance of a proposal are as follows:
At the time of the award, the City may negotiate minor changes for the purpose of
clarifying the design criteria and work to be done, provided the negotiated changes do
not affect the ranking of the proposals based on their adjusted score.
The procedures shall also contain safeguards to preserve confidential information and
proprietary information supplied by those submitting proposals consistent with §5-18B-
34, which are as follows:
Until a proposal is accepted, the drawings, specifications, and other information in the
proposal remain the property of the person making the proposal. The City will make
reasonable efforts to maintain the secrecy and confidentiality of any proposal and all
information contained in any proposal and the City will not disclose any proposal or
the information contained in a proposal to the design-builder’s competitors. The City
will not disclose, except as may be permitted pursuant to Chapter 1-27, confidential
and proprietary information contained in any proposal to the public until such time as
the City takes final action to accept a proposal.
Emergency Procedures
The procedures for awarding design-build contracts in the event of public emergencies
as defined in § 5-18A-9 are as follows:
The City may make an emergency procurement without advertising the procurement if
there exists a threat to public health, welfare, safety, or for other urgent and
compelling reasons. An emergency procurement will be made with such competition
as is practicable under the circumstances. A written determination of the basis for the
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emergency, and for the selection of the particular contractor, will be included in the
contract file.
Formal Protests to Solicitation or Award
The procedures for acting on formal protests relating to the solicitation or award of
design-build contracts are as follows:
Any person aggrieved or interested may appeal to the City Manager at any time within
20 days after a decision to enter into a contract by providing notice of a formal
objection by First Class Mail to the City of Brookings, directed to the City Manager. The
notice shall state the decision being appealed and shall ask for a hearing. Upon
receiving the notice, the City Manager shall call a meeting to include the City Manager,
City Engineer, City Attorney, and the Department member involved in the design-build
project. This Appeal Board shall consider the appeal, make a decision, and give notice
to the party filing the notice of objection. The decision shall be submitted to the City
Council for approval, and if approved, will be carried out accordingly.
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City of Brookings
Policy: CC 299 Title: Americans with Disabilities Act Policies
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
Staff, Outside Agencies
Total Pages:
3
ADA Compliance Review Required of New Construction, Remodels, and Retrofits of City
Facilities and Parks
Title II of the ADA prohibits public entities from discriminating against or excluding people
from programs, services, or activities on the basis of disability. The standard against
which programs and services will be measured for the purpose of ADA compliance is one
of overall program accessibility: all City of Brookings programs, services, and activities,
when viewed in it’s entirety, must be readily accessible to and usable by individuals with
disabilities.
Therefore, the City of Brookings requires all city owned and/or funded new, remodeled,
and retrofitted facilities comply with the requirements of the federal Americans with
Disabilities Act guidelines.
Under this policy, the City ADA Compliance Officer will review the project scope, final
plans, and bid package of all new construction, remodels, and retrofits of City owned
and/or funded facilities. The scope and budget development of capital improvement
projects will include the identification of ADA needs related to these projects to ensure
compliance and accessibility standards.
Family Restrooms Required in New Construction, Remodels, and Retrofits of City
Facilities and Parks
In addition to men’s and women’s restrooms, the installation of a family or “unisex”
restroom is recommended, not required, by the Americans with Disabilities Act. The City
of Brookings recognizes all citizens can benefit from a family restroom in city facilities. A
family restroom provides flexibility by meeting the needs of many people while providing
a private environment. For this reason, the City of Brookings will require all new
construction, remodels, and retrofits of all City-owned and/or city-funded new facilities
include the installation of a family restroom, in addition to compliance with all other
requirements of the federal Americans with Disabilities Act guidelines.
All city facilities and city-funded facilities will include the installation of a family restroom
unless specifically exempted by the City Manager. To exempt a project, the department
head must submit a written request identifying specific reasons for the exemption to the
ADA Compliance Officer. The Officer will provide a written recommendation to the
appropriate department head and City Manager. The City Manager will make a decision in
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the matter. The City Council will be advised of any exemptions and provided the
opportunity to override the City Manager’s decision.
Automatic Door Openers Required in New Construction, Remodels, and Retrofits of City
Owned or City Funded Facilities
The City of Brookings recognizes automatic door openers can provide improved access to
its services for all citizens, including those with disabilities. Therefore, automatic and/or
manual (push-button) door openers will be required in all new construction, remodel, or
retrofit of city-owned or city-funded facilities. Automatic door opening devices, in
compliance with ADAAG requirements, must be installed in primary entrances closest to
the accessible parking.
To exempt a project, the department head or funding applicant, must submit a written
request identifying specific reasons for the exemption to the ADA Compliance Officer. The
Officer will provide a written recommendation to the appropriate department head and
City Manager. The City Manager will make a decision in the matter. The City Council will
be advised of any exemptions and provided the opportunity to override the City Manager’s
decision.
Use of Platform Lifts Prohibited in New Construction, Remodels, and Retrofits of City
Owned or City Funded Facilities
Although the ADAAG, Section 1109.7 Lifts, states that platform (wheelchair) lifts are
permitted to be a part of a required accessible route in new construction in some
circumstances, the City of Brookings recognizes that platform lifts typically result in a
separate, stigmatizing experience for people who use them, a situation that violates the
spirit of the ADA as well as the principles of universal design.
Therefore, platform lifts (also referred to as mechanical lifts or wheelchair lifts) will not
be allowed in the new construction, remodel, or retrofit of city-owned or city-funded
facilities, except under special exemptions cited below. Elevators or ramps must be
provided as a means of access.
Lifts will only be considered where it is infeasible to install a ramp or elevator. To exempt
a project, the department head or funding applicant must submit a written request
identifying specific reasons for the exemption to the ADA Compliance Officer. The Officer
will provide a written recommendation to the appropriate department head and City
Manager. The City Manager will make a decision in the matter. The City Council will be
advised of any exemptions and provided the opportunity to override the City Manager’s
decision.
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City of Brookings
Policy: CC 300 Title: Green Building Policy for City-Funded Facilities
Issue Date:
May 23, 2003
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policy
Policy Audience:
City Council, Staff, Outside
Agencies
Total Pages:
2
The City of Brookings desires to continue implementing green building practices which
protect natural resources, prevent waste, reduce consumption, and promote human
health and well-building. A Sustainable Building Policy yields savings by efficiently
managing energy, water, waste, and stormwater, while improving the employee and
visitor experience, resulting in the following benefits:
Significant savings through reduced utility costs;
Lower operation and maintenance costs;
Reduced impact on municipal infrastructure;
Enhanced environmental quality and decreased pollution;
Reduced greenhouse gas emissions;
Improved health, comfort and productivity of building occupants; and
Exemplifying sustainable building practices for other public and private building
owners and other sustainable building stakeholders in the Brookings area.
Green Building Practices Policy:
A. New construction using City funds shall be designed with the intention of meeting
or exceeding the following high-performance green building standards:
1. A certified rating under the United States Green Building Council's
Leadership in Energy and Environmental Design rating system in effect as
of November 18, 2013;
2. A two globe rating under the Green Building Initiative's Green Globes rating
system as of July 31, 2013; or
3. A comparable numeric rating under a sustainable building certification
program recognized by the American National Standards Institute as an
accredited standards developer.
B. A waiver of requirements of this Green Building Practices Policy may be granted by
the City Manager if:
1. The building will have minimal human occupancy;
2. The increased costs of achieving a high-performance green building
standard cannot be recouped from decreased operational costs within 15
years; or
3. The City Manager determines that extenuating circumstances exist to make
impractical construction designed with the intention of meeting or
exceeding high-performance green building standards.
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City of Brookings
Policy: CC 301 Title: Building Permit Waiver
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council Policy
Policy Audience:
Outside Agencies
Total Pages:
1
The City Council prioritized the support of specific initiatives as outlined in the City's
Strategic Plan. Fees are set through City Council action. Any fee waiver requires similar
legislative authority except as otherwise outlined in this policy.
All building permit fees will be waived for social service nonprofit partners that
meet the Council's objectives outlined in the Strategic Plan.
All partner permit fees for affordable or workforce housing projects that meet the
Brookings Housing Study defined threshold qualify for a waiver. Partner housing
agencies include, but not limited to, Inter-Lakes Community Action Partnership,
Inc. and Habitat for Humanity.
Building Permit Fees and Moving Fees are waived for the City of Brookings,
Brookings County, and Brookings School District projects and facilities.
Other nonprofit partner agency building permit fee waivers are permissible when
the individual value of the permit is less than $1,000.
The attainment of city permits and professional inspections are still required.
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City of Brookings
Policy: CC 302 Title: Donation Policy
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policy
Policy Audience:
Donors and City Staff
Total Pages:
4
I. PURPOSE
To establish a written policy for donations proposed at facilities, public parks, open
space, trails, and other City of Brookings public property, easements, or rights-of-
way.
II. POLICY
There are occasions when interested parties wish to donate to the City of
Brookings. It is the policy of the City of Brookings to consider all donation requests
and decide if accepting the gift is in the best interest of the community. Donations
generally come in the form of facility enhancements, monetary gifts, memorial
items, services/labor, equipment/materials, land/real property, or partnership
projects.
III. DEFINITIONS
A. Donor: Individual(s) providing financial contributions, items, or improvements
of value.
B. Donation: A contribution of value that may take the form of financial (restricted
or unrestricted), professional services, real estate/real property,
facility/structure, or in-kind.
C. Donation Proposal Application: An application necessary to begin the donation
process made available by the City Clerk’s Office and available on the City
website.
D. Review Team: A team comprised of City staff and/or citizens tasked with
making a recommendation on the appropriateness of a proposed donation.
IV. ADMINISTRATION
A. A Donation Proposal Application must be submitted by the donating party to the
City Clerk’s Office. As necessary, the City may develop a Review Team to
consider the proposal. The following guiding principles will be considered
when evaluating a proposed donation:
i. Appropriate location for placement;
ii. Easements, utilities, and existing structures;
iii. Liability and safety;
iv. Construction costs and any necessary City contribution;
v. Future or on-going maintenance costs with budgetary impact;
vi. Future site development plans;
vii. Use restrictions;
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viii. Natural environment;
ix. Accessibility and usefulness; and
x. Overall public acceptance/approval.
B. Appropriate volunteer boards and commissions will be engaged if the donation
falls under their purview.
C. Donations made on property with a conservation easement or deed restriction
shall require approval from the easement holder if required per the applicable
easement or deed.
D. Once the proposal is reviewed, City staff will respond to the applicant if the
donation was accepted and/or follow up with the reasons the donation was
rejected.
E. Implementation
i. Funding: All costs, including initial installation, labor, and materials are
the responsibility of the donor unless the City agrees to provide financial
or in-kind support. Some projects may require an endowment to ensure
the longevity of the gift and assist the City with future maintenance.
1. In special situations, such as when the donor is allowed to hire a
contractor, a memorandum of understanding or a project
agreement may be required. A contingency fund may also be
required, of up to 15% of the project’s cost, to cover necessary
change orders and overruns associated with the project.
Remaining contingency funds will be applied to the endowment
fund for future maintenance costs.
ii. Installation: As applicable, an installation timeline shall be developed
for all donations. Work performed by the City, contractor, or donor shall
be identified. A City employee will be assigned as manager for the
project.
iii. Removal or Relocation of Donor Project: Unless specifically agreed to in
writing, the City may, at any future date, elect in its sole discretion to
remove or relocate the donation. No permanent right, title, or interest of
any kind shall vest in the Donor’s behalf by virtue of donation
acceptance.
iv. Vandalism and Maintenance: All routine and preventative maintenance
costs are the City’s expense unless otherwise agreed to. However, no
special maintenance and/or replacement is guaranteed. Improvements
made in a public space become the property of the City of Brookings and
will be maintained by the appropriate department. The department can
offer no guarantee or obligation, legal or otherwise, to maintain or
replace signs, plaques, materials, equipment, structures, or other
donated resources that are vandalized, lost, stolen, or otherwise
damaged or destroyed.
v. Donor Recognition: Permanent forms of recognition, such as plaques,
signs, or decals, may be permitted only with the approval of the City
Manager or City Manager’s Designee. Permanent recognition plaques
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shall be harmonious and integrated with the character and features of
the facility as determined by the Review Team. Other details, such as
materials and wording, must be approved by the Review Team as part of
the donation proposal process. Donor recognition should be consistent
with naming rights policy (reference).
vi. Liability: In no event shall the City be liable for value or tax
assertions/claims by the Donor. The Donor(s) agree(s) to hold the City
harmless and indemnify the City for any and all claims which might arise
from any person, entity, or corporation resulting from the Donor’s use of
City property, easements, or rights-of-way for installation purposes, or
arising from the Donor’s performance or improvement/item donated
pursuant to this policy.
F. Donations exceeding $50,000 in value will go to City Council for
acceptance.
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City of Brookings
Policy: CC 303 Title: Naming Rights
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council Policies
Policy Audience:
Staff, Public
Total Pages:
2
The City of Brookings believes it is necessary and prudent to define a process for the
naming of certain public spaces or improvements.
The City of Brookings may utilize such naming rights procedure as a means of generating
revenue to assist with deferring some of the capital costs of such public spaces or
improvements.
Purpose:
1. Recognition of a donor who significantly supported a public space or improvement.
2. Recognition of a non-donor who exemplified public stewardship, purpose,
commitment, or other high ideals of the community worthy of being named.
3. Where appropriate, generate revenue or secure donations from private sources to
defer a portion or entirety of the costs of the space or improvement.
Items eligible to be named
Items need to have significance worthy of a name by which it would be recognizable in the
community and be identified by its name. Examples include:
1. Parks.
2. Buildings, structures, unique monuments, and significant recreational amenities.
3. Gardens and landscaped areas.
4. Trails and pathway systems.
5. Ponds or bodies of water of significance.
6. Municipal streets.
Items that may be named, but not subject to the foregoing policy, include:
1. Incidental items such as trees, park benches, planter boxes, picnic tables, rooms,
and other minor improvements.
2. Revenue generating naming rights covered by an agreement approved by City
Council.
Process
1. Persons may nominate/suggest a person and the item to be named by completing
the nomination form and submitting it to the City.
2. If the item nominated to be named is under the policy purview of an advisory board,
the City Manager shall forward the nomination to the advisory board for a
recommendation to the City Council. The City Manager may also make a
recommendation.
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3. In the event the item to be named is not under the policy purview of an advisory
board, the City Manager shall make a recommendation to the City Council.
4. The City Council shall make the final decision on all naming rights subject to this
policy.
5. In cases where the City wishes to generate revenue to defer capital expenses
through the utilization of this naming rights policy, staff shall seek out
opportunities to identify and recruit potential donors.
Recognition
1. Staff shall determine the means and methods of recognition of the named rights.
(Signage, lettering, printing, etc. This shall be dependent upon, and will vary based
on the item to be named.)
2. Recognition shall be based upon a timeline outlined within a contract unless
determined to be perpetual. The City Council reserves the right to revoke
perpetual naming for just cause, or at the request of the named individual/entity or
their representative.
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City of Brookings
Policy: CC 304 Title: Procurement of Professional Services
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff, Consultants
Total Pages:
2
The City of Brookings frequently utilizes a wide variety of professional services to
implement the mission, services, programs, and strategic plan of the City. Funds
expended on local vendors and employees lead to a return on the investment through
local vendors and employees spending earned dollars in Brookings. Local purchases
retain and circulate more money in the local economy.
When purchasing professional services, the City of Brookings shall adhere to the
following:
1) When considering contract awards for professional services, such contract shall be
awarded to the professional which represents the best value to the City in the sole
determination of the City; and it is in the best interest of the City to secure multiple
competitive proposals for such services.
2) When all such considerations constituting a best value determination are made and
such considerations are deemed to be equal among two or more proposals, the award
shall go to the local proposer. In the event two or more equal proposals are local, the City
shall further revise with more detail the evaluation and make a selection from among the
local proposals.
3) Consideration of "best value" determination shall include local presence and balance
of awarded contracts among local firms. “Best value” considerations may also include
price, qualifications and capabilities, project team, quality of work, applicable
warranties, service, past experience with the City, and reference checks. An objective
system, to the greatest extent feasible, will be applied to the evaluation of proposals
based on these criteria.
4) All local firms may submit proposals for consideration for professional services with
the possible exception of:
(a) emergency situations;
(b) situations where state and federal contract procurement policies conflict with
this policy; or
(c) for joint contracts with third parties who express preferences in providers. The
City Manager may solicit proposals from non-local firms in the interest of
obtaining multiple competitive proposals for the best possible value.
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5) Professional Services subject to this policy are those defined in South Dakota Codified
Law and are project-oriented for a limited duration. Professional services exempt from
this policy shall be those deemed to be on-going (i.e. City Attorney, Auditor, Bond Counsel,
and Financial Advisor) or specialized services with a sole source provider.
6) For professional services estimated to cost in excess of $100,000, formal Requests for
Proposals (RFP) shall be made, notification will be provided through appropriate
communication channels, and an evaluation system suitable for the service(s) requested
will be used. The City may utilize RFPs for projects less than $100,000.
7) The following criteria helps to define the extent a service provider is local:
(a) having a physical address in Brookings County;
(b) owning or leasing commercial space in a commercially permitted address
where that location is for the express purpose of providing the professional
service;
(c) employees who work from the local office; and
(d) corporate headquarters or local ownership.
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City of Brookings
Policy: CC 305 Title: Arterial, Collector, & Local Streets
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff, Developers,
Residents
Total Pages:
1
The City of Brookings has determined there is a need for a policy pertaining to collector
and arterial streets in the City. A functional classification map, referred to as the Major
Street Plan, will be regularly updated and adopted by the City Council upon
recommendation of the Planning Commission.
Arterial Streets
After donation, determination of need by the City, and acceptance of all necessary land for
rights-of-way and easements, as determined by the City Engineer, the City of Brookings
will assume and pay from the funds of the City all street construction costs including
design, grading, graveling, curb and gutter, storm sewer, sidewalk, and paving for streets
designated as arterial on the latest adopted Major Street Plan filed with the City Clerk.
Abutting property owners that have not donated all necessary right-of-way and
easements, as determined by the City Engineer, will be subject to an assessment equal to
the abutter’s frontage and cost of a typical local street. Any access to the arterial street
must be approved by the City Manager.
Collector Streets
The City will pay for any extra thickness required on collector streets as designated on the
adopted Major Street Plan, in excess of that described for local streets and for the extra
width in excess of 31 feet measured from back of curb to back of curb. Said payment shall
be computed by the City Engineer based on current bids received by the City for similar
work and shall be presented for payment when said streets are complete and accepted by
the City.
Local Streets
Local streets will be funded by the developer and turned over to the City once accepted in
accordance with the infrastructure acceptance policy.
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City of Brookings
Policy: CC 306 Title: Tax Increment Financing Guidelines
Issue Date:
August 13, 2024
Updated:
August 13,2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff/BEDC/Developers
Total Pages:
4
Purpose: These guidelines are established to outline the City’s position governing the
intended use of tax increment financing (TIF) as an economic development tool. These
guidelines operate within the parameters of SDCL 11-9 as amended; and shall be used as a
procedural framework for considering applications for its use. The fundamental purpose
of TIF in Brookings is to encourage desirable development or redevelopment that would
not otherwise occur but for the assistance provided through TIF.
The actual amount of TIF funds provided to a project will be determined at the discretion of
the City Council on the basis of need, risk, project characteristics, developer
qualifications, and the degree to which the project meets TIF objectives. The burden of
establishing the public value of TIF shall be placed upon the applicant and the application
must substantially meet the criteria contained here within. Meeting statutory
requirements, policy guidelines, or other criteria listed herein does not guarantee the
provision of TIF nor does the approval or denial of one project set precedent for approval
or denial of another project. The City reserves the right to reject projects on a case-by-
case basis. Each project is unique and must stand on its own merits.
Section 1: Basic Provisions
1. TIF will be used to assist private development in those circumstances where the
proposed private project shows a demonstrated financial gap and that the
financial assistance required is the minimum necessary to make the project
feasible.
2. The developer is expected to have explored other financial alternative(s) prior to
requesting the use of TIF, including equity participation, bonds, tax credits, loans,
other federal and state funds, etc.
3. It is the intent of the City to provide the minimum amount of TIF assistance to make
the project viable and not solely broaden a developer’s profit margin on the project.
4. The developer must demonstrate there will be a substantial and significant public
benefit to the community by stimulating development and/or revitalization,
strengthening the City’s economic and employment base, positively impacting
neighborhoods, increasing property values and tax base, creating new and/or
retaining existing jobs, addressing a community need, and implementing City
studies/plans.
5. The preferred financing method of TIF districts shall be a “pay-as-you-go”
whereby the applicant fronts the costs and will be reimbursed by the City over time
as increment becomes available.
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6. The City may undertake (at the developer’s cost) an independent analysis of the
project to ensure the request for assistance is valid.
7. To be eligible for TIF assistance, the development team must reasonably
demonstrate that they can complete projects on time, on budget, and have secured
financing to ensure project completion.
8. The City will only provide TIF assistance to projects which meet federal and state
regulations, as well as the City’s ordinances and plans/studies.
9. The City will consider the impact and demands placed upon the City and other
public services and natural resources by proposed projects.
Section II: TIF Objectives
The City will consider using TIF to meet any of the following objectives:
1. Stimulate development and/or revitalization of the City, its neighborhoods,
industrial areas, commercial districts, and Downtown Brookings by:
a. Improving infrastructure.
b. Increasing number and diversity of jobs that offer stable employment
and/or attractive wages and benefits. These jobs should be at the level
sufficient to be considered a living wage/head-of-household-income
and be considered primary jobs.
c. Retaining existing jobs.
d. Creating a variety of housing and mixed-use opportunities.
e. Attracting desirable businesses and retaining existing businesses.
f. Encouraging development projects that enhance the streetscape and
pedestrian experience.
2. Implement objectivities identified in the City Council’s Strategic Plan,
Comprehensive Plan, Housing Study, Community Economic Development
Master Plan, and any other City studies/plans.
3. Business attraction, retention, and expansion.
4. Mixed-use developments that creatively integrate commercial and retail
projects into a residential development.
5. Promote efficient and maximized use of land through elimination of blight,
environmental cleanup, and/or redevelopment of underutilized properties .
6. Revitalization of historically significant buildings, deteriorated buildings, or
functionally obsolete buildings.
7. Promote neighborhood stabilization and revitalization.
8. Increase property values, tax base, and tax revenues.
9. Leverage the maximum amount of non-City funds into a development.
10. Create economic, environmental, and equitable opportunity through the use
of the triple bottom line. The triple bottom line is a sustainability framework
measuring success in people, profits, and planet.
11. Projects which contribute to the implementation of other public policies such
as promotion of high-quality architectural design, energy conservation,
green infrastructure, etc.
12. Stimulate and/or support place-making initiatives.
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Section III: Criteria for TIF Assistance
1. But For. The fundamental principle is the project would not occur “but for” the
assistance provided by TIF. The burden is on the developer to make this case to
the City through information and analysis provided.
2. Equity Requirement. The developer must provide a minimum of 15% equity of
total project costs. Projects that exceed the 15% equity requirement will be
looked upon more favorably by the City. Equity is defined as cash or un-
leveraged value in land or prepaid costs attributes to the project.
3. TIF Cap. The total amount of TIF assistance should not exceed 25% of total
project costs. This limitation may be waived if the project involves
redevelopment of existing or historic structures or the assembly, brownfield
cleanup, or clearance of land upon which existing structures are located or
otherwise approved by City Council.
4. Taxable Increase. The project should result in an increase in taxable valuation
of at least 20% upon project completion.
5. Minimum Project Size. TIF should be used for projects with total eligible project
costs exceeding $500,000.
6. Discretionary Formula. Applicants may agree to waive their right to use the
discretionary formula. The discretionary formula provides a financial incentive
in addition to the use of tax increment. Using the discretionary formula lessens
the availability of increment needed to finance the project. The applicant must
submit in writing to Brookings County their request to waive the discretionary
formula. Failure to do so may result in nullification of the developer’s
agreement. If the developer sells the land, the purchase agreement will note
the buyer will agree to waive the discretionary formula.
7. Market Demand. The applicant must demonstrate market demand for the
project. The City will not fund speculative projects.
8. Residential Developments. Developments residential in nature will take into
consideration:
a. Meets Brookings Housing Study needs;
b. Provides affordable/workforce housing;
c. Maximizes available land;
d. Innovative design and diversity of housing stock;
e. Placemaking, connectivity, and added amenities;
f. Upward mobility;
g. Regional infrastructure capacity improvement; and
h. Equity participation.
9. Financing Method. The preferred financing method of TIF districts shall be a
“pay-as-you-go” whereby the applicant fronts the costs and will be reimbursed
by the City over time as increment becomes available. The developer shall be
considered the borrower under “pay-as-you-go” and the City shall not be liable
for debt. As an alternative, the City Council may consider the issuance of
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bonded indebtedness through tax increment bonds only when unique
circumstances determine “pay-as-you-go” is not feasible.
Section IV: Eligible Costs
Eligible project costs are identified in SDCL 11-9. The City reserves the right to further
restrict eligible costs as enumerated in state law in this section as well as for each TIF
project. The City reserves the right to determine the total reimbursable project costs that
includes interest expense.
Section V: Structure for TIF Assistance
1. Each project or development proposal that receives TIF assistance will have a
development agreement implemented between the City of Brookings and the
developer. The structure of the development agreement includes:
a. The development agreement will describe the obligations of both the City
and developer, and the terms and conditions associated with the TIF funds.
b. Development agreements may require additional security in the form of a
letter of credit and/or a personal guarantee by all principals, partners, and
others as deemed appropriate.
2. The City may maintain a retainage account and may require a performance bond or
other forms of security until each project is completed and the applicant has
satisfied all conditions and performance standards as described in the
development agreement.
3. The City may delay, suspend, or terminate TIF reimbursements to the developer if
developer fails to comply with performance requirements as outlined in the
development agreement.
4. The City reserves the right to impose an administrative fee to reimburse for
administrative costs per SDCL 11-9.
Section VI: Process of TIF Approval
1. A pre-application meeting is held between the developer and representatives of
the City’s TIF Review Team. The City’s TIF Review Team may include the City
Manager, Deputy City Manager, Finance Director, Public Works Director,
Community Development Director, and Brookings Economic Development
Corporation’s Chief Executive Officer.
2. A Tax Increment Financing Application is submitted by the developer to the City. An
initial fee of $10,000 shall accompany the application. This fee shall be used to
partially cover the City’s legal, professional, administrative, and planning costs. If
any additional amount of money is required to reimburse the City of its reasonable
costs, the applicant shall be responsible for those costs. If the application is made
and the project does not move forward, 80% of the application fee minus
documented City expenditures for the project will be refunded to the applicant.
3. Appendix A provides a visual overview and timeline of the TIF application and
approval process.
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City of Brookings
Policy: CC 307 Title: Special Assessment Policy
Issue Date:
May 23, 2023
Updated:
May 23, 2023
Section:
Other
Policy Source:
City Council
Policy Audience:
City Council, Staff, Public
Total Pages:
2
I. PURPOSE
To establish a written policy for setting the financing terms in the resolution of
necessity and for collecting special assessments.
II. POLICY
The City recognizes the need to have a consistent policy for establishing the
financing terms in the resolution of necessity and in the collection of special
assessments. This policy outlines the City's financial terms for special
assessment projects.
III. DEFINITIONS
A. Resolution of Necessity: As defined by SDCL 9-43-82, is a resolution
approved by City Council deeming it necessary that a local improvement be
financed by a special assessment.
B. DCL: South Dakota Codified Laws.
C. Federal Home Loan Bank (FHLBank) Chicago 10-year Fixed Rate: The 10-
year fixed rate for residential single-family homes as calculated by the
FHLBank Chicago (www.fhlbc.com ). The rate will be determined two
weeks prior to the Resolution of Necessity is heard at City Council.
D. Special Assessment: A financing instrument that allows payment for
improvements by those who benefit.
IV. ADMINISTRATION
A. The City shall follow SDCL 9-43-75 through 9-43-101, and SDCL 9-46-1
through 9-46-11 when determining a project for special assessment.
B. The proposed Resolution of Necessity shall also include whether the
special assessments are payable under Plan One (Collection by the County
Finance Office) or under Plan Two (Collection by the City's Finance Office).
In addition, the proposed Resolution of Necessity shall also include the
number of annual installments and interest rate payable on the unpaid
balance of special assessments.
C. Once a project has been completed after a Resolution of Necessity has been
approved by the City Council, the project shall be assessed in accordance to
SDCL 9-43-102 through 9-43-139.
D. If the City chooses to assess under Plan One-Collection by County
Treasurer specified in SDCL 9-43-102, the following financing terms shall
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apply if the assessment is not paid in full within 30 days of the assessment
roll adopted by City Council:
a. Term of the financing shall depend on the type of project being
assessed:
i. Sidewalks and Alleys: 5 Years
ii. Roadways and Utility Work: 10 years
b. Annual interest rate charged shall be calculated by the following
formula: = FHLBank Chicago 10-year Fixed Rate(%)+ 3.5%
c. Any assessment under $300 would be assessed in one payment.
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City of Brookings
Policy: CC 308
Title: Liquor Operating Agreements – Criteria for
Issuance of Additional On-Sale Liquor Licenses
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff, Establishments
Total Pages:
2
As a Local Option community, the City of Brookings is the holder of State Liquor Licenses
for the sale of alcoholic beverages. The City enters into operating agreements for liquor
and wine licenses with business owners permitting them to sell alcoholic beverages
purchased from the City (Malt License holders do not require operating agreements.).
The City establishes the following guidelines:
1. It is not the City’s intention to allow operating agreements to be sold.
2. It is not the City’s intention to have issued operating agreements be unused by the
manager. Failure to use the agreement will be grounds for termination by the City.
The city manager will report any inactive operating agreements to the City Council
to consider the circumstances and for appropriate action.
3. Operating agreements are not assignable or transferable to another person or
location by the named manager; only the City Council can assign or transfer an
agreement to another person or location.
4. The purchaser of an establishment holding an operating agreement must apply for
an assignment of that operating agreement. It is the City’s intent to allow an
assignment of an operating agreement to an applicant that passes the “character
of the applicant” requirement as a new owner of an existing business in the same
location.
5. The owner of an establishment holding an operating agreement must apply for an
assignment of that operating agreement if there is a desire to move the business to
a different location. It is the City’s intent to allow an assignment of an operating
agreement to a new location providing the location is suitable, “second tier
criteria” is considered and the business identity is the same as in the initial
application.
6. Unless the circumstances are as described in numbers 4 and 5 above, it is not the
City’s intent to allow the assignment of an operating agreement from one business
to another or one location to another. In these instances, an application for a new
operating agreement is necessary.
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City of Brookings
Policy: CC 309 Title: Sales Tax Incentive Grant
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff, BEDC, Businesses
Total Pages:
3
The City of Brookings recognizes publicly-funded investments by local communities
represent an effort to retain current economic activity and attract economic growth are
necessary to remain competitive. Sales tax revenue generated from said qualifying
applicant is a reasonable and prudent means of accomplishing desired economic growth.
Sales tax incentive may be explored after considering other potential incentives. The
following policy objectives are necessary to govern the policy process for the use of sales
tax grants:
1. To facilitate significant and comprehensive investment in new and/or expanding
facilities that will grow the tax base and provide a strong commitment to the
community.
2. To strengthen the community’s triple bottom line. The triple bottom line is a
sustainability framework measuring a business’s success in people, profits, and
planet. (See City Council Policy 312: Triple Bottom Line.)
3. To encourage diversification of the area economic base and add value to the area
economic clusters and employment base.
4. To generate additional sales tax revenue to support budgetary expenditures of the
City.
5. To provide long-term community benefits in return for the City's investment.
6. To ensure the recipient project constitutes responsible development and fu rther
complies with all other applicable development principles and regulations.
7. To meet the goals and strategies outlined in the Brookings Community Economic
Development Master Plan.
The City Council may approve a grant to qualifying applicants in any amount deemed
necessary, not to exceed two percent of local sales tax generated from construction
costs, equipment purchases, or local retail sales.
Qualifying businesses shall be:
1. New or expanding businesses that are retail in nature;
2. New or expanding businesses that are commercial, industrial, or technology-
based in nature; or
3. New or expanding businesses that are otherwise addressed in the Brookings
Community Economic Development Master Plan.
The following criteria shall be used by the BEDC and the City Council to consider awards
for qualifying businesses/applicants:
1. Retail businesses that mitigate sales ‘leakage’ to other markets.
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2. Retail businesses that provide niche product markets not otherwise available.
3. Commercial, industrial, technology-related, and other businesses addressed in
the Brookings Community Economic Development Master Plan that meet a
minimum of one of the following as determined by the City Council:
Diversify the economic base and occupational mix.
Further achieve the tenets of the triple bottom line.
Provide full-time, upper-income level jobs with employee benefits.
Have high probability of recruiting employees from other markets.
Are a necessity for significant and substantial job retention.
Meet qualifying industry targets.
Have high probability of complementing existing or recruiting other
businesses or entities.
Represent significant capital investment.
Retain South Dakota State University (SDSU) and other local graduates.
Facilitates emerging markets.
No business shall place an undue burden or hardship on natural resources or services
necessary to serve the business.
Grant requests shall be reviewed and awarded in a fair, consistent, and responsible
manner utilizing the resources and process established by the Brookings Economic
Development Corporation (BEDC) and the City Council for an objective evaluation of the
application.
Grant awards shall be provided only to the extent demonstrated necessary for the
success of the project, and a completed Return on Investment (ROI) analysis with an
emphasis on the triple bottom line by the BEDC yielding results to the satisfaction of the
City Council.
The City Council shall have final approval on all grant applications recommended for
approval after having been through the BEDC and City Staff evaluation and review
process.
As a means of protection and accountability of the public investment:
1. Grant awards shall be reimbursed to the applicant following payment of applicable
sales tax to the State of South Dakota and remitted to the City.
2. Claims against the grant award must be accompanied by appropriate
documentation prescribed by the City as verification of the grant payment.
3. Grant awards must have suitable financial guarantees as a means of security
(‘claw-backs’) and any other such terms deemed essential by the City Council.
4. The recipient shall be entitled only to grant amounts that it generates and
documented by the Department of Revenue as being paid in Brookings.
5. Grant awards shall be limited to either an aggregate amount, a specified time
period, or both.
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Applications for sales tax grant assistance shall be made to BEDC on application forms
prepared by BEDC. Applicants may be required to cover direct costs of professional
services deemed necessary by BEDC and/or the City associated with the review of the
application.
Applications shall be deemed approved following adoption of a development agreement
between the City and the applicant prescribing all applicable terms and conditions of the
grant award. The development agreement shall be prepared by staff of the BEDC, City,
and legal counsel.
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City of Brookings
Policy: CC 310 Title: Sale of Real Property
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
Council
Policy Audience:
Staff/Public
Total Pages:
1
The City of Brookings may own or have in its possession real property it desires to see
developed or redeveloped for purposes of business or commercial use in an effort to
create jobs, create workforce/affordable housing, provide services, increase the tax
base, or potentially increase the City’s working capital. The City may from time-to-time
find it advantageous to partner with private sector entities for purposes of achieving such
development or redevelopment. To achieve this, a variety of means can be utilized
pursuant to South Dakota Codified Law to dispose of real property.
The City of Brookings may dispose of real property currently owned or otherwise in its
possession by any of the following methods:
1. Sealed Bids, Public Auction, or through a Licensed Real Estate Broker whereby the
City Council may stipulate terms and conditions of an accepted bid and such terms
and conditions shall be considered pre-bid stipulations that shall be made known
prior to the auction/bid date. Such conditions may include, but not be limited to:
a. Terms and conditions of payment of accepted bid.
b. Bid security and payment security.
c. A development/re-development plan acceptable to the City Council.
d. Performance deadlines and other guarantees of the development/re-
development.
e. Reversionary provisions of the parcel(s) for failure to perform.
2. Request for Proposal whereby the City Council may include terms, conditions
and/or an end-use development plan parameters, requirements, or other
provisions to be offered by respondents for the City Council to consider.
3. Legislative Authorization whereby the City Council may choose to dispose of
qualifying property by utilizing South Dakota Codified Law and declaring the
development intent and purpose for which property will ultimately be disposed.
City of Brookings
Policy: CC 311
Title: Volunteer Boards, Committees, Commissions
Appointments
Issue Date: Updated: Section:
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August 13, 2024 August 13, 2024 Other
Policy Source:
City Council
Policy Audience:
Council, Staff & Public
Total Pages:
1
Residents of Brookings are eligible to serve on volunteer boards, committees, and
commissions of the City of Brookings. Appointments to these volunteer positions are
recommended on an annual basis or as vacancies occur by the Mayor and approved with
advice and consent of the City Council.
The public will be notified of any volunteer board position vacancies. Notification of
vacancies will consist of press releases shared with local newspaper and radio media, and
posted on the City’s website and social media pages.
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City of Brookings
Policy: CC 312 Title: Reporting by Economic Development Entities
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Economic Development
Partners
Total Pages:
1
Objective: The Brookings City Council requires additional information from entities
that receive city funds for economic development and promotional activities
in and for the city of Brookings.
Policy: All economic development and promotional entities receiving funding from
the City budget will become directly accountable to the City Manager.
Selected organizational representatives will be required to regularly attend
monthly meetings as needed and provide regular updates for the purpose of
keeping the City Manager and City Council apprised of organizational
activities. Economic Development partners may miss no more than three
meetings a calendar year. Virtual attendance is an acceptable means of
attendance if necessary.
Goals:
1) City Meeting Representation. The City Manager or their designee will attend various
organizational Board of Directors meetings to include the Brookings Economic
Development Corporation, Downtown Brookings, Chamber, Visit Brookings, and
Research Park at SDSU.
2) Monthly Meeting. Representatives of the Economic Development Partners will attend
monthly meetings as determined by the City Manager.
3) Regular Reports. Each organizational representative will provide regular updates to
the City Manager. The update will consist of a summary of the promotional and
economic development activities to include associated metrics outlined within the
Community Economic Development Masterplan. Updates are to be submitted at a
time and in a format prescribed by the City Manager. Updates from the Economic
Development Partners will be made available to City Council.
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City of Brookings
Policy: CC 313 Title: Reconsideration Action
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
City Council
Total Pages:
1
Brookings City Ordinance, Chapter 1, Article 2, Section 2-32, provides the following
procedure for reconsidering and/or rescinding actions: “The City Council may elect to
reconsider and/or rescind any action taken by the Council on the same date that such
action is taken or at the next regularly scheduled City Council meeting. A motion to
reconsider or rescind may only be made by a Councilmember who voted with the
prevailing side.”
There is no statutory procedure for consideration at a later date. In the event the City
Council votes to reconsider a previous action taken, it shall be the policy of the Brookings
City Council to table final action to the next meeting if the original applicant cannot attend
or is not present.
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City of Brookings
Policy: CC 314 Title: City Council Member Professional Development
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
City Council
Total Pages:
1
Brookings City Council Members are encouraged to attend meetings, seminars, and other
professional development opportunities on subject matters relevant to the
responsibilities of the City Council, which will be beneficial to the governance of the City of
Brookings.
City Council members will be provided the opportunity to attend and participate in
opportunities outside the city of Brookings, which depends on funding, professional
development outcomes, and member availability.
City Council Members will decide which meetings or seminars to attend outside the scope
of regular Council meetings.
The Council will consider the availability of the Council members to attend a given
meeting and will attempt to balance this opportunity among all its members.
Council members are encouraged to make themselves available for such opportunities.
City Council members attending the meetings or seminars will report on the meetings at a
future City Council meeting.
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City of Brookings
Policy: CC 315 Title: Larson Ice Center
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
City Council
Total Pages:
1
Purpose: This policy shall serve as a basis for all decisions regarding the use of the
Larson Ice Center:
GENERAL USE
Competition (Red) Rink
Any ice skating activities.
Dry floor activities such as trade shows, rummage and auction sales, and other
uses suitable for a painted floor surface.
No live animal events.
Practice (Blue) Rink
Any ice skating activities.
Dry floor activities, auto shows, auctions, roller skating, floor hockey, and other
uses suitable for an unpainted concrete floor.
Live animal events permitted with appropriate precautions to protect floor, rink
facilities and equipment.
Multi-Purpose Room (Holding Barn)
Any dirt floor activities such as auctions, automotive or motor-cross events, sport
shows, athletic, etc.
Live animal events and as an animal holding barn for Dacotah Bank Center
activities.
Recreational field activities including baseball, softball, soccer and football.
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City of Brookings
Policy: CC 316 Title: Construction Manager-At-Risk
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
City Council Other
Policy Source:
City Council
Policy Audience:
Staff, Contractor/Consultants
Total Pages:
5
Section 1. Purpose
In order to comply with State law requirements for construction manager -at-risk
("CMAR") projects, the City of Brookings adopts these procedures and will select CMAR
firms to provide construction management services for authorized projects in
accordance with the following procedures:
Section 2. Findings and Determinations
The City of Brookings makes the following determinations:
a. It is in the City's interest to utilize the services of a construction manager for the
renovation or replacement of facilities; and
b. That the construction management services would not unreasonably duplicate and
would be in addition to the normal scope of separate architect or engineer
contracts concerning the renovation or replacement of facilities; and
c. The construction manager shall be a CMAR and be solicited through a
qualification-based request for proposals method of procurement as provided in
state law. The CMAR, for any actual construction contracted by the CMAR to be
performed on the project shall provide payment and performance bonds and
competitive bids for the work as required by any statute governing bidding and
bonding for public improvement projects.
Section 3. Definitions
For purposes of these procedures, the following definitions apply:
a. "City" means the City of Brookings.
b. "CMAR" means construction manager-at-risk.
c. "Department" is defined as any department of the City of Brookings, including the
Dacotah Bank Center.
d. "Firm" is defined as any individual, firm, partnership, corporation, association, joint
venture, or other legal entity permitted by law to practice construction contracting
in the State of South Dakota.
e. "Project" is defined as that project described in the public announcement.
Section 4. Minimum Qualification Requirements for Firms Providing CMAR Services
Firms providing CMAR services shall be registered with the Department of Revenue prior
to contract award. Where required by State law, the CMAR shall be able to provide
construction management services by licensed or registered individuals.
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Section 5. Public Announcement Procedures
Except in emergency situations, the Department will publish an announcement in
accordance with state law. The announcement will set forth a general description of the
project requiring construction management services and will define the time frame and
procedures for interested qualified firms to apply for consideration. The public
announcement will further state whether construction management firms will be
pre-qualified for the project.
Section 6. Request for Proposals
1. The City will prepare a Request for Proposal ("RFP"). The RFP developer may be either
a private firm retained by the City or may be a staff member of the City. The RFP developer
is prohibited from being part of the bidding entity. The RFP may include the following:
• Background and Description of the project.
• Preliminary Project Schedule.
• Outline of CMAR Best Value selection process and timeline.
• Detailed description of the scope of services for each phase of the project .
• RFP evaluation criteria and requirements of RFP response.
2. The purpose of the RFP is to furnish sufficient information for firms to prepare
qualitative proposals and price proposals. The firm submitting the successful proposal
shall develop a detailed proposal based on the criteria in the RFP. All Requests for
Proposals shall also comply with the City's Purchasing Policy Guide.
Section 7. Evaluation Criteria for Shortlisting Construction Management Firms
The City's selection committee will review proposals from all candidate firms and
shortlist no more than three firms who will be invited to be interviewed. Shortlisting will
be based the following qualifications:
a. Company background.
b. Applicable and relevant experience and education of proposed key team members.
c. Team personnel experience working together and on similar projects.
d. Project approach including working in South Dakota on CMAR projects for public
sector clients.
e. Demonstrated knowledge of the local and regional subcontractor market.
To be considered for the shortlist selection, the firm must demonstrate the ability to
provide a performance and payment bond as described in the RFP.
Section 8: Criteria for Selecting Construction Manager Firm
The City's selection committee will rely on the information contained and presented in the
proposals, interviews, and reference checks in making the decision to select the best
value and the most qualified firm to provide services for this project. Selection criteria
will be based on:
a. Experience, qualifications, and availability of proposed team leaders.
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b. Broader team structure.
c. History of project team working together.
d. Technical work process.
e. Proposal, interview and response.
f. Price Proposal.
Section 9. Construction Manager-at-Risk Proposal Requirements
1. The RFP shall outline proposal submittal requirements including but limited to the
following:
a. Letter signed by an individual authorized to commit the proposed team to the
scope of work proposed consortiums, joint ventures, or teams submitting
proposals must establish contractual responsibility solely with one company or
one legal entity. Each submittal should indicate the entity responsible for
execution on behalf of the proposal team.
b. Identification of proposed team members with proposed roles and
responsibilities.
c. Project approach and management capabilities.
d. Relevant project experience.
e. Statement from a surety company authorized to do business in South Dakota
indicating the firm(s) bonding capacity and ability to obtain a performance and
payment bond in the amount specified in the RFP.
f. Certification statement that proposal response will remain in effect for 30 days,
and all representations stated in the Response to RFP are true and accurate, and
acknowledge that all costs associated with preparation of the Response to RFP
will be the responsibility of the proposing CMAR.
2. Each firm submitting a proposal shall submit a Qualitative Proposal and a Price
Proposal. Proposals shall be segmented into two packages:
Qualitative Proposal. A qualitative proposal shall include management plan,
schedule, and other data requested in response to the RFP. Qualitative proposals
shall be submitted in a sealed package, which identifies the project and the
construction management firm on the outside of the package. Each firm shall
place the words "QUALITATIVE PROPOSAL" on the outside of the package.
Price Proposal. Price proposals shall include CMAR fee per phase of the project, a
detailed description of management staff general conditions, a detailed
description of certain reimbursable general conditions and other cost related
questions that pertain the performance of the requested scope of services. Each
firm shall submit its price proposal in a separate sealed package. Each firm shall
place the words "PRICE PROPOSAL" on the outside of the package.
Section 10. Negotiating Owner / Construction Manager at Risk Agreement and
Preservation of Confidential Information
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The procedures for negotiations between the City of Brookings and those submitting
proposals prior to the acceptance of a proposal are as follows:
Upon completion of the interviews, the firms will be ranked. The City will start
negotiations of the contract with the highest-ranking firm. If an agreement for
services cannot be reached with the highest ranked firm, the City will move to the
second ranked firm. The same process will be repeated with the other ranked
firms if no such agreement can be reached. The City reserves the right to not
select a firm as part of this process if an agreement cannot be reached with the
interviewed firms.
The procedures shall also contain safeguards to preserve confidential information and
proprietary information supplied by those submitting proposals consistent with state
law, which are as follows:
Until a proposal is accepted, information in the proposal remain the property of the
person making the proposal. The City will make reasonable efforts to maintain the
secrecy and confidentiality of any proposal and all information contained in any
proposal and the City will not disclose any proposal or the information contained in
a proposal to the CMAR's competitors. The City will not disclose, except as may be
permitted pursuant to state law, confidential and proprietary information
contained in any proposal to the public until such time as the City takes final action
to accept a proposal.
Section 11. Emergency Procedures
The procedures for awarding construction management firm contracts in the event of
public emergencies as defined in state law are as follows:
The City may make an emergency procurement without advertising the
procurement if there exists a threat to public health, welfare, or safety or for other
urgent and compelling reasons. An emergency procurement will be made with
such competition as is practicable under the circumstances. A written
determination of the basis for the emergency and for the selection of the particular
contractor will be included in the contract file.
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City Council
Policy: CC 317
Title:
Government Access Cable Television Channel
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
City Council, Staff
Total Pages:
2
BACKGROUND
Section 611 of the Communications Act of 1984 authorizes local franchising authorities to
require cable operators to set aside channels for public, educational or governmental
use. The City of Brookings has secured a government access cable television channel
(hereinafter will be referred to “Government Access Channel”) to provide local
government programming in an effort to inform and educate its citizenry and to make
local government more accessible.
I. PURPOSE
To define the function of the Government Access Channel and provide general
guidance on its management and use.
II. DEFINITION
For the purposes of this policy, the following term will have the meaning set forth
below:
Government Access Channel. The term “Government Access Channel” will
mean a channel intended for use by local governmental bodies for informing
the public about local government happenings.
III. ELIGIBILITY FOR USE
The City, under the City-granted franchise, controls the Government Access
Channel. The Government Access Channel is limited to City departments /
divisions / agencies. It is not a public access channel.
IV. POLICY
The City Council recognizes the need to provide information to its citizens in order
to cultivate a safe, inclusive, and connected community. It is the policy of the City of
Brookings that the information shared on the City’s Government Access Channel
will align with the City’s:
Vision to be a welcoming and inclusive community;
Mission to provide high quality of life through exceptional services and
proactive solutions; and
Values of integrity, accountability and innovation.
V. ADMINISTRATION
Responsibility for administration and management of the Government Access
Channel lies with the City Manager or designees.
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VI. PROGRAMMING GUIDELINES
Programming will provide non-editorial information concerning City government
deliberations, services, programs, and activities. All public meetings of the
Brookings City Council are authorized for broadcast.
The Government Access Channel will not be available for:
a. Advertising promoting the sale of a commercial product or service. (Note:
Non-commercial program underwriting is permitted.)
b. Endorsement for or opposition to any consumer product or service.
c. Advertisements for or endorsements on behalf of political candidates or
ballot measures. (Note: This does not preclude forums which allow the
opportunity for candidates to appear and/or for proponents and opponents
of an issue to be represented.)
d. Information concerning any lottery, gift enterprise, or similar promotion
offering prizes based in whole or in part upon lot or chance.
e. Material copyrighted by any entity for which written release has not been
obtained.
f. Material promoting religious beliefs or religious philosophies.
g. Material that is defamatory or likely to invade an individual’s privacy.
h. Material providing personal identification information or confidential
information.
i. Material meeting the legal definition of obscenity.
j. Material in judgment of legal counsel subjects the City to potential liability.
k. Material violating federal, state or city rule, regulation, statute, law, or
ordinance.
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City of Brookings
Policy: CC 318 Title: Change Orders
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff, Public
Total Pages:
1
Change orders to contracts for publicly bid public improvements may require City Council
approval. Change orders increasing a contract cumulatively in an amount exceeding 10%
of the originally approved contract value or a maximum dollar value of $75,000 will be
placed on a City Council agenda as a regular agenda item. All change orders will be
disclosed during a certificate of completion approval process at a City Council meeting.
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City of Brookings
Policy: CC 319 Title: Bills & Claims
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
Staff, Public
Total Pages:
2
Objective: Financial stability is considered a key performance area by the Brookings
City Council. Good stewardship by the City Council requires they be kept
informed of issues concerning the city, including expenditures.
Authority: According to the City Charter, Section 2A.04 – Powers and Duties of City
Manager: The City Manager shall be the chief administrative officer of the
City, responsible to the Council for the administration of all city matters
placed in the Manager’s charge by or under this Charter. The City Manager
shall … sign all warrants for the payment of money, and the same shall be
countersigned by the Clerk, but no warrant shall be issued until the claim
therefore has been approved by the City Council, except as may be
otherwise provided by ordinance or resolution…”
Policy: Copies of the financial reports detailing expenditures from the City General
Departments are retained in the Finance Department and available via the
public records request. All bills and claims will be published in the official
newspaper.
Specifics:
1) Approval of bills and claims remains the responsibility of the City Manager. The
Finance Director shall be designated as the Clerk, performing all counter signing
of warrants.
2) The sequence of paying warrants is as follows:
Supervisors and office managers in each department review the bills and
submit to the department head for submission to the finance department.
The finance department prepares the warrants and submits to the City
Manager for inquiry, further investigation and approval.
3) Questions pertaining to a specific bill or claim will be directed to the City Manager.
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City of Brookings
Policy: CC 320
Title:
Investment Policy
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
City Manager, Staff
Total Pages:
11
Objective: The purpose of “The City of Brookings Investment Policy” is to set
investment objectives, policies, establish guidelines, and define
responsibilities for the investment of funds for the City of Brookings.
1.0 PURPOSE
The purpose of “The City of Brookings Investment Policy” is to set investment
objectives, policies, establish guidelines, and define responsibilities for the
investment of funds for the City of Brookings.
2.0 POLICY
The policy of the City of Brookings is to invest idle public funds in a manner based
upon state law, that will provide the maximum security, sufficient liquidity, and
competitive investment return to meet the daily cash flow demands of the City. The
primary goals are:
A. To ensure compliance with all Federal, State, and local laws governing the
investment of public funds under the control of the City Manager.
B. To protect the principal monies entrusted to the City’s Finance Department.
C. Achieve a reasonable rate of return within the parameters of pr udent risk
management while minimizing the potential for capital losses arising from
market changes or issuer default.
3.0 SCOPE
This policy applies to the investment of all funds of Brookings, South Dakota.
Except for funds held in trust or special funds that are otherwise specifically
provided for, the city will consolidate the balances from all funds to maximize
investment.
3.1 Pooling of Funds
Except for cash in certain restricted and special funds or specifically designated to
a certain fund, the City of Brookings will consolidate cash balances from all funds,
including Brookings Municipal Utilities , to maximize investment earnings and
meet the liquidity requirements of the city subject to the primary objective of
providing security of principal. Investment income will be allocated to the various
funds based on their respective participation of capital in the overall portfolio in
accordance with generally accepted accounting principles.
4.0 OBJECTIVE
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Pursuant to South Dakota Codified Law, Chapter 4-5-8 it is the policy of the City of
Brookings to invest funds in a manner to meet the daily cash flow demands of the
City. The primary objectives, in priority order, being: a) Safety of Principal b)
Liquidity c) Return on Investments:
A) Safety of Principal. Safety of principal is the foremost objective of the
investment program. Investments shall be undertaken in a manner that
seeks to ensure the preservation of capital in the overall portfolio. The
objective will be to mitigate the following risks.
1. Credit Risk
The City of Brookings will minimize credit risk, which is the risk of
loss due to the failure of the investment issuer or backer, by limiting
the portfolio to the types of investments listed in section 8.
Authorized and Suitable Investments of this policy and diversifying
the investment portfolio to diminish the impact of potential losses
from any one type of investment or from any one individual issuer.
2. Interest Rate Risk
The City of Brookings will minimize interest rate risk, which is the
risk that the market value of securities in the portfolio will fall due to
changes in market interest rates, by structuring the portfolio to meet
the cash requirements of ongoing operations, thereby mitigating the
need to liquidate securities at a loss prior to maturity.
3. Concentration Risk
The City of Brookings will minimize Concentration of Credit Risk,
which is the risk of loss due to having a significant portion of
resources invested in a single issuer, by diversifying the investment
portfolio as described in section 11. Diversification so the impact of
potential losses from any one type of security or issuer will be
minimized. Investments issued or explicitly guaranteed by the U.S.
government and investments in mutual funds, external investment
pools, and other pooled investments are excluded from this
requirement.
4. Custodial Credit Risk
The City of Brookings will minimize Custodial Credit Risk for
deposits, which is the risk that in the event of the failure of a
depository financial institution the deposits or collateral securities
that are in the possession of an outside party would not be able to be
recovered, as addressed in section 10. Collateralization.
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The City of Brookings will minimize Custodial Credit Risk for
investments, which is the risk that in the event of the failure of the
counterparty to a transaction the value or collateral securities that
are in the possession of an outside party would not be able to be
recovered, as addressed in section 9. Safekeeping and Custody.
B) Liquidity
The investment portfolio shall remain sufficiently liquid to meet all
operating requirements which may be reasonably anticipated. This is
accomplished by structuring the portfolio so securities mature concurrent
with cash needs to meet anticipated demands (static liquidity).
Furthermore, since all possible cash demands cannot be anticipated, the
portfolio should include securities with active secondary or resale
markets (dynamic liquidity). Alternatively, a portion of the portfolio may be
placed in money market mutual funds or local government investment
pools which offer same-day liquidity for short-term funds.
C) Return on Investments
The portfolio shall be designed to obtain a reasonable rate of return
throughout budgetary and economic cycles. The return on investments is to
be accorded secondary importance compared to the safety and liquidity
objectives described above. The core of investments will focus on relatively
low risk securities with an expectation of earning a reasonable return
relative to the risk being assumed. Securities shall not be sold prior to
maturity, with the following exceptions:
A security with declining value may be sold early to minimize loss of
principal.
A security may be exchanged to improve the quality, yield, or target
duration in the portfolio.
A security may be sold in order to satisfy liquidity requirements.
When selling a security prior to maturity, the City Manager shall provide an
explanation for any gains or losses.
When investing in Certificates of Deposit (CDs) public funds will be invested
at the highest rate of interest possible.
Policy compliance does not provide a benchmark to meet or exceed, but is a
model to follow. The City will benchmark its portfolio performance to the
appropriate “treasuries constant maturity” rate based on portfolio
maturities of the investment plan.
5.0 Standard of Care
5.1 Prudence
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The standard of prudence to be used by investment officials shall be the
"prudent person" standard and shall be applied in the context of managing
an overall portfolio. Investment officers, acting in accordance with written
procedures and this investment policy and exercising due diligence shall be
relieved of personal responsibility for an individual security's credit risk or
market price changes.
The “prudent person” standard states that “Investments shall be made with
judgment and care, under circumstances then prevailing, which persons of
prudence, discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment, considering the
probable safety of their capital as well as the probable income to be
derived.”
5.2 Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with the proper
execution and management of the investment program, or that could impair
their ability to make impartial decisions. Employees and investment
officials shall disclose any material interests in financial institutions with
which they conduct business. They shall further disclose any personal
financial/investment positions that could be related to the performance of
the investment portfolio. Employees and officers shall refrain from
undertaking personal investment transactions with the same individual
with whom business is conducted on behalf of the City of Brookings.
The City Investment program shall be managed in a professional and prudent
manner worthy of the public trust and review.
6.0 Authority and Responsibility
6.1 Authority
In accordance with the City of Brookings, the responsibility for conducting
investment transactions resides with the City Manager. The Finance
Director, under the general direction of the City Manager, shall be
responsible for all transactions undertaken and shall establish a system of
controls to regulate activities.
6.2 Responsibility
Parties shall refrain from personal business activity that could impair
his/her ability to make impartial decisions. The Finance Director acting in
accordance with this investment policy and exercising due diligence shall
be relieved of personal responsibility for an individual investment’s credit
risk or market price changes, provided deviations from expectations are
reported in a timely fashion and the liquidity and the sale of investments are
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carried out in accordance with the terms of this policy. Investments shall be
made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable
income to be derived.
6.3 Local Preference
The City of Brookings strives to support the local economy and community.
To honor this, the City will give a local preference to bids from qualified
financial institutions in the City of Brookings by allowing the closest, non-
successful, local bidder the opportunity to match the high, non-local bidder.
This post-bid match opportunity would only occur when the high bidder was
a non-local institution. There would be no preference recognized among all
local bidders. The purpose of this is to strike a balance between giving local
financial institutions credit for their community investments to the local
economy and still preserving the fiduciary responsibility of attempting to
receive the highest rate of return possible.
Example:
Financial Institution “A” not located in Brookings bids 1.2%
Financial institution “B” located in Brookings bids 1%
Financial Institution “C” located in Brookings bids .9%
Financial Institution “A” has winning bid, however, if Financial Institution
“B” is willing to match Financial Institution “A” bid, Financial Institution “B”
will be awarded the bid.
7.0 Authorized Financial Dealers and Institutions
7.1 Selection Process
A list of financial institutions authorized to provide investment services to
the City of Brookings will be maintained.
In addition, a list of broker/dealers will be maintained. This list may include
both primary and regional dealers. Dealers will be approved by the Finance
Director on the following:
Credit worthiness.
License to conduct business in South Dakota.
Qualification under Securities and Exchange Commission (SEC)
Rule 15C3-1 (uniform net capital rule).
8.0 Authorized & Suitable Investments
The City of Brookings is empowered to invest in securities as outlined in SDCL 4-5-
6. Authorized deposits will be kept in banks in South Dakota as required by SDCL
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9-22-6.
9.0 Safekeeping and Custody
9.1 Delivery vs. Payment
All trades of marketable securities, where applicable, will be executed by
delivery vs. payment (DVP) to ensure that securities are deposited in an
eligible financial institution prior to the release of funds.
9.2 Safekeeping
Physical custody of all securities for the City General and Brookings
Municipal Utilities will be maintained by the City’s Finance Department per
SDCL 4-5-9.
9.3 Internal Controls
The Finance Director is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City of
Brookings are protected from loss, theft, or misuse. The internal controls
shall address the following points:
Control of collusion.
Separation of transaction authority from accounting and
recordkeeping.
Custodial safekeeping.
Delivery versus payment.
Clear delegation of authority.
Confirmation of transactions for investments and wire transfers.
10.0 Collateralization
In accordance with the SDCL 4-6A and 51A-10-9 Qualified Public Depositories will
furnish collateral in the sum equal to one hundred percent (100%) of the public
deposit account that exceed deposit insurance. The Finance Director will review
semi-annually the Under-Collateralized Bank Accounts report found on the SD
Department of Legislative Audit website to ascertain compliance by financial
institutions of adequate collateral coverage.
SDCL 4-6A-3 requires that collateral be segregated by each depository in such
manner as approved by the South Dakota Deposit Protection Commission.
11.0 Diversification
The purpose of diversification is to reduce overall portfolio risk while attaining
market rates of return and to enable the City of Brookings to meet all anticipated
cash requirements. The investments shall be diversified by:
Limiting investments to avoid over-concentration in securities of a
specific issuer (excluding treasury bills).
Limiting investment in securities that have higher credit risks.
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Investing in securities with varying maturities.
12.0 Maximum Maturities
To the extent possible, the City of Brookings will attempt to match its investments
with anticipated cash flow requirements. The City of Brookings will keep
investments for duration not to exceed five (5) years.
13.0 Reporting
13.1 Methods
The Finance Director prepares a monthly investment report, which is
available upon request, and includes a list of individual securities held at
the end of the reporting period further broken down by issuer, purchase
date, maturity date, coupon rate, par value, and yield to maturity.
13.2 Performance Standards
The investment portfolio shall be designed with the objective of obtaining a
competitive rate of return throughout budgetary and economic cycles,
commensurate with the investment risk constraints and cash flow needs.
14.0 Policy Control
14.1 Exemption
Any investment currently held that does not meet the guidelines of this
policy shall be exempted from the requirements of this policy as long as it
was in compliance with State of South Dakota Law and the City’s investment
policy in effect at the time of purchase. At maturity or liquidation, such
monies shall be reinvested only as provided by this policy.
14.2 Amendments
This policy shall be reviewed to ensure consistency to overall objectives of
safety, liquidity, yield, compliance to current law, and economic trends.
14.3 Requirements
This investment policy is required by SDCL 4-5-8 and approved by the city
council.
GLOSSARY
Agency: A debt security issued by a federal or federally sponsored agency. Federal
agencies are backed by the full faith and credit of the U. S. Government. Federally
sponsored agencies (FSAs) are backed by each particular agency with a market
perception that there is an implicit government guarantee. An example of a federal
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agency is the Government National Mortgage Association (GNMA). An example of an FSA
is the Federal National Mortgage Association (FNMA).
Benchmark: A comparative base for measuring the performance or risk tolerance of the
investment portfolio. A benchmark should represent a close correlation to the level of
risk and the average duration of the portfolio’s investment.
Broker: A broker brings buyers and sellers together for a commission.
Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a
certificate. Large-denomination CDs are typically negotiable.
Certificate of Deposit Account Registry Service (CDARS): A program with an approved
depository that removes the need for collateral by providing full FDIC insurance for
certificates of deposit.
Collateral: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits
of public monies.
Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the
bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing
interest due on a payment date.
Credit Risk: The risk to an investor that an issuer will default in the payment of interest
and/or principal on a security.
Delivery Versus Payment: There are two methods of delivery of securities: delivery
versus payment and delivery versus receipt. Delivery versus payment is delivery of
securities with an exchange of money for the securities. Delivery versus receipt is
delivery of securities with an exchange of a signed receipt for the securities.
Diversification: Dividing investment funds among a variety of securities offering
independent returns.
Duration: A measure of the timing of the cash flows, such as the interest payments and
the principal repayment, to be received from a given fixed-income security. This
calculation is based on three variables; term to maturity, coupon rate, and yield to
maturity. The duration of a security is a useful indicator of its price volatility for given
changes in interest rates.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per deposit.
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Fiduciary: Person, company, or association holding assets in trust of a beneficiary.
Investment Policy: A concise and clear statement of the objectives and parameters
formulated by an investor or investment manager for a portfolio of investment securities.
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread
between bid and asked prices is narrow and reasonable size can be d one at those quotes.
Local Government Investment Pool (LGIP): The aggregate of all funds from political
subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
Market Risk: The risk that the value of a security will rise or decline as a result of changes
in market conditions.
Market Value: The price at which a security is trading and could presumably be purchased
or sold.
Maturity: The date upon which the principal or stated value of an investment becomes due
and payable.
Money Market: The market in which short-term debt instruments (bills, commercial
paper, bankers’ acceptances, etc.) are issued and traded.
Portfolio: Collection of securities held by an investor.
Prudent Person Rule: An investment standard. In some states the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the
custody state - the so-called legal list. In other states the trustee may invest in a security
if it is one which would be bought by a prudent person of discretion and intelligence who is
seeking a reasonable income and preservation of capital.
Qualified Financial Institutions: Pursuant to SDCL 9-22-6 and 6.1, the City Council of the
City of Brookings, South Dakota, annually designates depositories for Municipal Funds of
the City of Brookings. Qualified financial institutions would be those listed in the adopted
annual Resolution.
Qualified Public Depositories: A financial institution which does not claim exemption from
the payment of any sales or compensating use or ad valorem taxes under the laws of this
state, which has segregated for the benefit of the commission eligible collateral having a
value of not less than its maximum liability and which has been approved by the Public
Deposit Protection Commission to hold public deposits.
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Rate of Return: The yield obtainable on a security based on its purchase price or its
current market price. This may be the amortized yield to maturity.
Repurchase Agreement (RP or REPO): A holder of securities sells these securities to an
investor with an agreement to repurchase them at a fixed price on a fixed date. The
security “buyer” in effect lends the “seller” money for the period of the agreement, and the
terms of the agreement are structured to compensate him for this. Dealers use RP
extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is
lending money that is, increasing bank reserves.
Safekeeping: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank’s vaults for protection.
Speculation: Assumption of risk in anticipation of gain but recognizing a higher than
average possibility of loss.
Treasury Bills: A non-interest bearing discount security issued by the U. S. Treasury to
finance the national debt. Most bills are issued to mature in three months, six months, or
one year.
Treasury Bonds: Long-term coupon-bearing U. S. Treasury securities issued as direct
obligations of the U. S. Government and having initial maturities of more than 10 years.
Treasury Notes: Medium-term coupon-bearing U. S. Treasury securities issued as direct
obligations of the U. S. Government and having initial maturities from two to 10 years.
Volatility: A degree of fluctuation in the price and valuation of securities.
Yield: The rate of annual income return on an investment, expressed as a percentage.
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City of Brookings
Policy: CC 321
Title:
Triple Bottom Line, Economic Development
Issue Date:
August 13, 2024
Updated:
August 13, 2024
Section:
Other
Policy Source:
City Council
Policy Audience:
City Council, City Manager,
Staff, Economic
Development Partners
Total Pages:
2
I. PURPOSE
To establish a written policy for Triple Bottom Line initiatives in economic
development which aids in developing sustainable organizational/community
practices. The triple bottom line is a sustainability framework that measures
success in people, profits, and planet.
II. POLICY
City Council is committed to being “an inclusive, diverse, connected community
that fosters creativity and innovation, sustainability, and a high-quality life for all”
(City Council Vision Statement). The City recognizes the need to have a consistent
policy for establishing the necessity of weighing social, environmental, and
economic impacts when determining the viability of economic development
projects.
Economic development is a priority of the City of Brookings and its Economic
Development Partners. This Policy addresses how economic development
policies, projects and incentives shall follow Triple Bottom Line Standards.
III. ADMINISTRATION
A. To promote a healthy, prosperous and equitable community, City Council
and Staff will:
1. Incorporate sustainable development principles by considering
and addressing the social, economic, environmental and smart
growth impacts of all its decisions and actions, with regard to
planning, policy, strategies, services, operations, approvals, and all
other City business;
2. Make decisions and take actions that balance environmental
quality, economic prosperity, and social equity;
3. Think beyond our first costs and consider long-term, cumulative
impacts when making policy and financial decisions; and
4. Support community development or housing affordability.
B. In adopting this Policy, the City of Brookings recognizes this Policy will
ensure a more comprehensive, systematic and integrated approach to
decision-making by City Council and Administration in regard to economic
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development policies, projects, and incentives.
C. A waiver of requirements of this Triple Bottom Line, Economic Development
Policy may be granted by the City Council if the City Council determines that
extenuating circumstances exist to which make policies, projects, and
incentives unable to establish triple bottom line practices.
IV. PROCEDURE
A. Economic Development Internal City Standards
1. Triple Bottom Line statements will be a required component for each
memorandum or report to Council should the project pertain to
economic development endeavors.
B. Economic Development Partnership Standards
1. External economic development projects where the City has
partnered with another organization, developer, or consultant shall be
subject to the same Internal City Standards; and
2. If Tax Increment Financing is requested by another organization,
developer, or consultant, the project must meet all criteria laid out in
the Triple Bottom Line Analysis Scorecard and the Tax increment
Financing Guidelines Policy.
a. An overall score of 5 or higher on the Triple Bottom Line
Scorecard is required for Administration’s consideration of
project viability. This scorecard shall be completed by an
economic development organization, developer, or
consultant and verified by City Staff.
The City of Brookings is committed to ensuring that this Policy is implemented, and to
promoting a Triple Bottom Line approach in the broader community.
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 24-0406,Version:1
Executive Session, pursuant to SDCL 1-25-2.3, for the purpose of consulting with legal counsel or
reviewing communications from legal counsel about proposed or pending litigation or contractual
matters.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1)Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3)Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4)Preparing for contract negotiations or negotiating with employees or employee
representatives;
5)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; or
6)Discussing information pertaining to the protection of public or private property and any person
on or within public or private property specific to:
a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal
acts;
b.Emergency management or response;
c.Public safety information that would create a substantial likelihood of endangering
public safety or property, if disclosed;
d.Cyber security plans, computer, communications network schema, passwords, or user
identification names;
e.Guard schedules;
f.Lock combinations;
g.Any blueprint, building plan, or infrastructure record regarding any building or facility
that would expose or create vulnerability through disclosure of the location,
configuration, or security of critical systems of the building or facility; and
h.Any emergency or disaster response plans or protocols, safety or security audits or
reviews, or lists of emergency or disaster response personnel or material; any location
or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other
military or law enforcement equipment or personnel.
However, any official action concerning the matters pursuant to this section shall be made at an open
official meeting. An executive or closed meeting must be held only upon a majority vote of the
members of the public body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents
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File #:ID 24-0406,Version:1
an executive or closed meeting if the federal or state Constitution or the federal or state statutes
require or permit it. A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019,
ch 2, § 1; SL 2022, ch 4, § 2.
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