HomeMy WebLinkAbout2025_03_25 CC PacketCity Council
City of Brookings
Meeting Agenda - Final-revised
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 Chambers6:00 PMTuesday, March 25, 2025
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. 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.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion. 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 1 City of Brookings
March 25, 2025City Council Meeting Agenda - Final-revised
5.A.ID 25-0135 Action to approve City Council meeting minutes.
3/11/2025 Minutes
3/17/2025 Board of Equalization Minutes
Attachments:
5.B.ID 25-0136 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders.
Memo
SDCL 35-4-124
Attachments:
5.C.RES 25-022 Action on Resolution 25-022, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement 5-year renewal for Yessica’s
Restaurant, Edwin Alvarez, owner .
Memo
Resolution
Operating Agreement
Attachments:
5.D.ID 25-0143 Action on various Volunteer Board appointments.
6. Presentations/Reports:
6.A.ID 25-0141 Presentation: “I Voted” Sticker Design Contest Winners.
Press Release
Sticker Design - Ruby Yseth
Sticker Design - Elliott Ahmann
Attachments:
6.B.ID 25-0108 Proclamation: Developmental Disabilities Awareness Month
ProclamationAttachments:
6.C.ID 25-0139 Report: SDSU Student Association.
6.D.ID 25-0134 Presentation: 2025 Stormwater Incentive Program - Rain Barrels, Native
Plants and Rain Gardens
Memo
Presentation
Attachments:
7. Contracts/Change Orders:
Page 2 City of Brookings
March 25, 2025City Council Meeting Agenda - Final-revised
7.A.RES 25-023 Action on Resolution 25-023, a Resolution Awarding the Contract for the
Slurry Seal Project.
Memo
Resolution
Map
Attachments:
Action: Motion, Request Public Comment, Roll Call
7.B.RES 25-026 Action on Resolution 25-026, a Resolution Awarding the Contract for the
Landfill Force Main Construction Project.
Memo
Resolution
Map
Attachments:
Action: Motion, Request Public Comment, Roll Call
8. Ordinance First Readings: NONE
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.
9. Public Hearings and Second Readings:
9.A.ORD 25-009 Second Reading and Action on Ordinance 25-009, an Ordinance
Authorizing Budget Amendment No. 10 to the 2024 Budget.
Memo
Ordinance
Attachments:
Action: Motion, Request Public Comment, Roll Call
Legislative History
3/11/25 City Council read into the record
9.B.ORD 25-010 Public Hearing and Action on Ordinance 25-010, an Ordinance Amending
Chapter 38 - Floods, of the Code of Ordinances of the City of Brookings,
and Pertaining to the Flood Prevention and Regulations.
Memo
Ordinance
Legal Notice
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Legislative History
3/11/25 City Council read into the record
Page 3 City of Brookings
March 25, 2025City Council Meeting Agenda - Final-revised
9.C.RES 25-027 Public Hearing and Action on Resolution 25-027, a Resolution to Annex the
West Half of the Northeast Quarter, Excluding Platted Areas in Section 20,
Township 110 North, Range 49 West and Excluding Land North of US
Highway 14 in Brookings County, South Dakota.
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition for Annexation
Location Map
Annexation Priority Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
10. Other Business: NONE
11.ID 25-0140 City of Brookings Progress Report.
Progress ReportAttachments:
12. 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.
13. Executive Session
13.A.ID 25-0142 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; and
SDCL 1-25-2.5, for the purpose of 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.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
14. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, VACANT
Brookings City Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
Page 4 City of Brookings
March 25, 2025City Council Meeting Agenda - Final-revised
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 5 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0135,Version:1
Action to approve City Council meeting minutes.
Attachments:
3/11/2025 City Council Minutes
3/17/2025 Board of Equalization Minutes
City of Brookings Printed on 3/20/2025Page 1 of 1
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BROOKINGS CITY COUNCIL
March 11, 2025 (unapproved)
The Brookings City Council held a joint meeting with the County Commission on
Tuesday, March 11, 2025 at 5:30 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, Bonny Specker, Holly Tilton
Byrne, and Nick Wendell. County Commission Members present: Shawn Hostler, Larry
Jensen, Dave Miller, Doug Post, and Kelly VanderWal. City Manager Paul Briseno, City
Attorney Steve Britzman and City Clerk Bonnie Foster were also present.
Agenda. A motion was made by Mayor Niemeyer, seconded by Council Member Tilton
Byrne, that Item #14, Executive Session, be removed from the agenda. The motion
carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne,
and Wendell. A motion was made by Council Member Avery, seconded by Council
Member Wendell, that the agenda be approved, as amended. The motion carried by
the following vote: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. A
motion was made by County Commissioner Hostler, seconded by County
Commissioner Miller, that the agenda be approved, as amended. The motion carried by
the following vote: Yes: 5 - Hostler, Jensen, Miller, Post, and VanderWal.
Ordinance 25-005. A public hearing was held on City of Brookings Ordinance 25-005
and Brookings County Commission Ordinance 2025-02, an Ordinance to Change the
Zoning Within the Joint Jurisdictional Area surrounding the City of Brookings (Rezone
Outlots 10 and 11 in the West ½ of the South ½ of the NE ¼ of Section 11, Township
109, Range 50 West, Brookings County, South Dakota from a Joint Jurisdiction
Agriculture District to a Joint Jurisdiction Business B-3 Heavy District). A motion was
made by Council Member Tilton Byrne, seconded by Council Member Wendell, that
Ordinance 25-005 be approved. The motion carried by the following vote: 6 – Avery,
Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by County
Commissioner Miller, seconded by County Commissioner Hostler, that Ordinance 2 025-
02, be approved. The motion carried by the following vote: 5 - Hostler, Jensen, Miller,
Post, and VanderWal.
Adjourn the Joint Meeting. A motion was made by Council Member Specker,
seconded by Council Member Tilton Byrne, that this portion of the Joint Meeting be
adjourned at 5:42 p.m. The motion carried by a unanimous vote. A motion was made
by County Commissioner VanderWal, seconded by County Commissioner Miller that
this portion of the Joint Meeting be adjourned at 5:42 p.m. The motion carried by a
unanimous vote.
(A brief recess began at 5:42 p.m. to end the joint portion of the meeting, dismissing the
County Commission. The City Council reconvened at 6:00 p.m.)
Open Forum. Amelia Wendell and Lauren Bortnem spoke on the Brookings High
School Health Occupation Students Association for future Healthcare Professionals
(HOSA) Program.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that the consent agenda be approved. The motion carried by
the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and
Wendell.
A. Action to approve the February 25, 2025 City Council Minutes.
B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders: Main Street Pub (License Holder RB-3206
and RL-19765): City TL25-003; Mosaic Wine Bar (License Holder RW -27721 and RB-
27720): City TL25-004; Sodexo Catering (License Holder RB-28249 and RW -28251):
SDSU TL25-030 and SDSU TL25-031.
C. Action to abate the 2024 Drainage Fee in the amount of $73.68, for Parcel # 40494-
00300-004-05, Owners: Linda Moilan, Sherri Forrette, and Gary & Dianne Foster, Address:
2024/2026/2028 Rapid Valley Avenue, Legal description: Lot 4A, Block 3, River Run
Addition.
D. Action to abate the 2024 Drainage Fee in the amount of $73.68, for Parcel # 40340-
00200-001-00, Owner: Christine Condos, Address: 908 Christine Avenue, Legal
description: Lots 1 & 2, Block 2, Meadowwood Addition.
E. Action to abate the 2024 Drainage Fee in the amount of $73.68, for Parcel # 40340-
00100-001-00, Owner: Christine Condos, Address: 808 Christine Avenue, Legal
description: Lots 1 & 2, Block 1, Meadowwood Addition.
F. Action on Resolution 25-025, a Resolution declaring surplus property for the City of
Brookings.
RESOLUTION 25-025 - DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Parks, Recreation & Forestry: JET Dust Collector Serial #17010177; Homemade Spiral
Staircase; Tradesman Drill Press Serial #007995; Eskimo Shark Z51; Makita Table Saw
& Extension Serial #168004A; Laguna Band Saw Serial #15097043; Kreg Router &
Table Saw; Dewalt 18 Volt Tool Kit; LB White Heater Serial #19242; 4 – Ball Field
Speakers; Milwaukee Drill Press Serial; 2 - Dewalt 3/8 Drill; Milwaukee Sawzall Kit;
Makita 3/8 Drill; Power Smith ½ Electric Impact Drill; Makita ½ Hamer Drill
Police Department: 2015 Chevy Tahoe - VIN 1GNSK3EC5FR688080, (Bikes) GMC
Denali, Serial #L121203611, Tag #80, Pink; Roadmaster, Serial #SNFS098DD4478,
Tag #3100, Gray; Murray Flexor, Serial #020543, Tag #3058, Blue; Roadmaster Granite
Peak, Serial #SNFSD16CA3022, Tag #3089, Black; Huffy Stone Mountain, Serial
#HC0329549, Tag #3029, Gray; Genesis GS, Serial #GS151208195, Tag #31, Black;
Genesis GX7, Serial #GS120520177, Tag #3023, Silver; Genesis V2100, Serial
#GS140324211, Tag #3036, Blue; Schwinn Cruiser, Serial #ER800923, Tag #2050,
Red; Trek Mountain Track, Tag #4046, Red; Mongoose Exhibit, Serial #19HN4760, Tag
#0049, Blue; Huffy Rockcreek, Serial #SNHBT23B04860, Tag #1011, Blue; Huffy Trail
Runner, Serial #AH23K008773, Tag #1077, Black; Roadmaster Granite Peak, Serial
#18F310A7, Tag #3032, Black; Mongoose Rebel, Serial #SNFSD23L16940, Tag
#2094, Black; Break Point, Serial #39060588, Tag #1088, Red; Next Break Point, Serial
#39060588, Tag #1080, Red; Shimano Tourney, Tag #1017, Green; Huffy Alpine, Serial
#AL13B027446, Tag #4039, Purple; Magna Zanzibar, Serial #95TD144599, Tag #4020,
Pink; Huffy Shimano, Serial #057141, Tag #65, Blu e; Team Dual Tracker, Tag #0075,
Red; Genesis V2100, Serial #BAOYI, Tag #1035, Black; Fisher Shimano, Serial
#00TD201990, Tag #0030, Black; Next ES Extreme, Serial #00TD201990, Tag #0020,
Black; Roadmaster Ridgeland, Serial #211060684, Tag #3062, Blue; Kent 20, Serial
#23U2U62232, Tag #3053, Black; Kent Chaos, Serial #62302036045, Tag #3107,
Black; Murray Ultra Terrain, Tag #3064, Gray; Roadmaster Kent 700, Serial
GS52714WMA, Tag #3048, Black; Schwinn High Timber, Serial #SNIDC060106, Tag
#3046, Silver; Genesis GX7, Serial #GS120601, Tag #3804, Silver; MGX Denali, Serial
#L121203011, Tag #3076, Red; Mongoose Rebel, Serial #R1016WMDS, Tag #3078;
Mongoose Shimmano, Serial #SNFSD08D099, Tag#3090, Red; Hiawatha, Tag #3085,
Maroon; Huffy Rock Creek, Serial #SNHBT23E, Tag #3114, Blue; Schwinn Ranger,
Serial #374009570-0, Tag #3050, Blue; Huffy Rockcreek, Serial #SNHBT23E13, Tag
#3075, Black; Hyper Urban, Serial #TJ18EO11197, Tag #3071, Gray; Roller, Tag
#3016, Black; Shimano V2900, Serial #UNK, Tag #4047, White; Schwinn Messa
Runner, Serial #76041, Tag #46, Blue; Huffy Rockcreek, Tag #0077, Purple; Trek 700,
Serial #GT705817, Tag #0007, Orange; Shimano Hyper Speed 21, Serial
#WMA102605, Tag #4036, Black; Hyper Havoc, Serial #FF24A39045, Tag #4091,
Black; Giant Alux 600 Series, Serial #C5AC3801, Tag #4061, Red; Genesis GX7, Serial
#S141104628, Tag #4032, Blue; Roadmaster Platinum, Serial #R70881316, Tag
#4028, Blue; State Bicycle Co #43, Tag #4077, Blue; Shimano Bayside, Serial
#GS72653, Tag #4052, Silver; Shimano Bayside, Serial #GS72653, Tag #4053, Silver;
Trek Multi Track, Tag #0017, Black; Roadmaster Mountain Sport, Serial #CK52422777,
Tag #61; Huffy Tundra, Tag #0013, Blue; Razor Electric Scooter, Serial #400, Tag #25,
Turquoise; Hyper Shocker, Serial #TC21L23035 9, Tag #3086, Black; Schwinn Skyliner,
Serial #8027, Tag #3049, Silver; Kent Flexor 29, Serial #6190208083, Tag #50, Blue;
Kent Flexor 29, Serial #6190308083, Tag #50, Pink; Kent Flexor 29, Serial
#6190308083, Tag #50, Blue; Specialized Calcoon Classic, Serial #F4092331, Tag #71,
Copper; Roadmaster Mt Fury, Serial #SNFSD05L49042, Tag #79, Silver; Next Gauntlet,
Serial #DJIC0545C3, Tag #53, Red; Kent Seachange, Serial #62107838848, Tag #81,
Silver; Huffy Rockcreek, Serial #SNHBT23E13085, Tag #32, Blue; Huffy Rockcreek,
Serial #SNHTM21L42116, Tag #42, Purple; Kent Flexor 29, Serial #6190208083, Tag
#50, Blue; Kent Flexor, Serial #6190308083, Tag #50, Blue; GMC Denali, Serial
#L121203611, Tag #80, Pink.
Fire Department: 4 – Scott Ska-Pak Confined Space Harness, 41 – Scott X-3 4.5 Self
Contained Breathing Apparatus, 41 – Scott AV-3000 SCBA Masks, 82 – Scott 60-
Minute 4500 PSI Carbon Wrapped Air Tanks, 2 – Scott RIT-Pak II RIT Bags, 1 –
Survivair RIT Bag
Library: HP 800GD EDT (HP48); 4 HP EliteDesk 800 63 6W (HP64, HP66, HP56,
HP58); HP EliteDesk 800 G1 Tower (HP44); HP Elite 800 G2 EDT (HP46); Acer 24”
Monitor; 3 – Wooden Books Carts; 1 – Metal 3-Tier Book Cart; Microfilm
Scanner/Printer.
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.
G. Action on a Restriction Agreement with Ryan Companies US Inc., for the
Brookings Marketplace Parcel.
Report: Ex-Officio Reports. A Brookings Municipal Utility Board report was given by
Council Member Specker. A Brookings Health Systems Board of Trustees report was
given by Council Member Doran.
Update: Downtown Fire. Jacob Meshke, Deputy City Manager, provided an update
on the December 2024 Downtown Fire, which has affected 4 buildings and 21
businesses. Kirsten Gjesdal, Downtown Brookings Executive Director, provided an
update on the Community Fund and how it is being dispersed to those affected by the
fire.
Discussion on Council Member Vacancy Process. City Clerk Bonnie Foster
provided an overview of the process to fill Council Member Andrew Rasmussen's
vacant seat. Council Member Andrew Rasmussen resigned from the City Council,
effective February 28, 2025.
FIRST READING – Ordinance 25-009. Introduction and First Reading was held on
Ordinance 25-009, an Ordinance Authorizing Budget Amendment No. 10 to the 2024
Budget. Second Reading and Action: March 25, 2025.
FIRST READING – Ordinance 25-010. Introduction and First Reading was held on
Ordinance 25-010, an Ordinance Amending Chapter 38 - Floods, of the Code of
Ordinances of the City of Brookings, and Pertaining to the Flood Prevention and
Regulations. Public Hearing and Action: March 25, 2025.
Ordinance 25-007. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Ordinance 25-007, an Ordinance Authorizing Budget
Amendment No. 1 to the 2025 Budget, be approved. The motion carried by the
following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
Ordinance 25-006. A public hearing was held on Ordinance 25-006, an Ordinance
pertaining to an Application for a Conditional Use Permit to Establish a Major Home
Occupation (Gunsmithing Business) in a Residence R-1C Single-Family District (1630
Olwien Street). A motion was made by Council Member Specker, seconded by Council
Member Doran, that Ordinance 25-006 be approved. Public Comment: Reid
Cummings. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer,
Specker, Tilton Byrne, and Wendell.
Resolution 25-021. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 25-021, a Resolution Transferring
Contingency Funds, be approved. The motion carried by the following vote: Yes: 6 -
Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-021 - A RESOLUTION TRANSFERRING CONTINGENCY FUNDS
WHEREAS, the City of Brookings hereby transfers City Manager’s contingency funds to
fund unplanned operational obligations of the municipality. This resolutio n is for the
purpose of completing a transfer of contingency funds to the following accounts:
421 Police Department
101-421-5-101-04 Overtime Pay $145,000
454 Forestry
101-454-5-425-04 Maintenance Equipment $ 11,700
Total Transfers $ 156,700
The Financing Source for this transfer is from the following accounts:
101-405-5-856-99 Contingency $156,700
Total Source of Funding $156,700
WHEREAS, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
Adjourn. A motion was made by Council Member Wendell, seconded by Council
Member Tilton Byrne, that this meeting be adjourned at 6:51 p.m. The motion carried
by a unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Board of Equalization Hearings
Local – Brookings City and School
Monday, March 17, 2025
The local Board of Equalization for the City of Brookings met at 1:30 p.m. on Monday, March 17,
2025 in the Brookings City & County Government Center. The following members were
present: Mayor Ope Niemeyer; City Council Members Wayne Avery, Nick Wendell, and Bonny
Specker; and School Board Member Teresa Binkley. Jacob Brehmer, Equalization Office
Director, and Bonnie Foster, City Clerk were also present.
Mayor Ope Niemeyer called the meeting to order at 1:30 p.m.
There were no appellants.
The following Equalization Office corrections were reviewed:
Equalization Office Corrections:
A motion was made by City Council Member Wendell, seconded by School Board Member
Binkley, to approve the following Equalization Office corrections:
No. 01: PMVK Limited
Mobile Home on Leased Site – Hillside #15 Parcel: 40995-00005-015-00 LAND BUILDING TOTAL
2024 County Valuation 0 $13,000 $13,000
Appellant’s Request 0 0 0
Board’s Decision 0 0 0
No. 02: PMVK Limited
Mobile Home on Leased Site – Hillside #21
Parcel: 40999-00005-021-00 LAND BUILDING TOTAL
2024 County Valuation 0 $5,900 $5,900
Appellant’s Request 0 0 0
Board’s Decision 0 0 0
No. 03: Torino, Steven Paul Et Ux
Original Plat Addition, Lot 12 Block 2
Parcel: 40405-00200-012-00 LAND BUILDING TOTAL
2024 County Valuation $33,000 $90,400 $123,400
Appellant’s Request $33,000 $45,200 $78,200
Board’s Decision $33,000 $45,200 $78,200
No. 04: Esipova, Elena
Morningside Addition, Lot 2 Block 1 (1734 3rd St.)
Parcel: 40385-00100-002-00 LAND BUILDING TOTAL
2024 County Valuation $21,700 $238,400 $259,400
Appellant’s Request $21,700 $211,300 $233,000
Board’s Decision $21,700 $211,300 $233,000
No. 05: Core Real Estate Holding LLC.
Fox Run Addition, Lot 4A Block 4 (1504 17th Ave. So.)
Parcel: 40178-00400-004-05 LAND BUILDING TOTAL
2024 County Valuation $59,900 $543,800 $603,700
Appellant’s Request $59,900 $500,900 $560,800
Board’s Decision $59,000 $500,900 $560,800
No. 06: Leo, Corbin Et Al
Timberline Addition, Lot 17 Block 12 (1312 Steamboat Trail)
Parcel: 40621-01200-017-00 LAND BUILDING TOTAL
2024 County Valuation $45,900 $381,300 $427,200
Appellant’s Request $45,900 $347,500 $393,400
Board’s Decision $45,900 $347,500 $393,400
All present voted yes; motion carried.
A motion was made by Council Member Specker, seconded by Council Member Wendell, to
adjourn. The hearing was adjourned at 2:07 p.m.
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 25-0136,Version:1
Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol
license holders.
Summary and Recommended Action:
Staff recommends approval of Special Event Alcoholic Beverage License requests from existing
alcohol license holders.
Attachments:
Memo
SDCL 35-4-124
City of Brookings Printed on 3/20/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 25, 2025
Subject: Special Event / Temporary Alcoholic Beverage License
Requests
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of Special Event Alcoholic Beverage License request s for
existing on-sale alcoholic beverage license holders.
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. No public hearing is required for the issuance of a
license pursuant to this section if the person applying for the lice nse 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.
Licenses issued are event specific. The event duration cannot exceed 15 days.
Staff requests approval for the following special event / temporary alcoholic beverage
license from Sodexo Catering (License Holder RB-28249 and RW -28251):
SDSU TL25-032: May 2, 2025 – Bio & Micro Department Social (Dana J
Dykhouse Stadium, Club 71)
SDSU TL25-033: April 10, 2025 – Rodeo Club social (Dana J Dykhouse
Stadium, Club 71)
SDU TL25-034: April 12, 2025 – JFPA MAD Gala (Dana J Dykhouse Stadium,
Club 71)
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. 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; SL 2024, ch
149, § 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 #:RES 25-022,Version:1
Action on Resolution 25-022, a Resolution authorizing the City Manager to sign a Wine Operating
Agreement 5-year renewal for Yessica’s Restaurant, Edwin Alvarez, owner.
Summary and Recommended Action:
The City of Brookings enters into Wine Operating Agreements for 10-year increments. The
Operating Agreement for Yessica’s Restaurant, Edwin Alvarez, owner,1300 Main Ave. So., is at the
5-year renewal point. This Resolution would allow the City Manager to enter into the remaining five
(5) years of the ten (10) year agreement.
Legal Description: Lot 1 excluding South 92-feet of West 40-feet, Block 3, Fishback Second Addition.
Attachments:
Resolution
Operating Agreement
City of Brookings Printed on 3/20/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 25, 2025
Subject: Resolution 25-022: 5-year midterm On-Off Sale Wine
Operating Agreement renewal
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Yessica’s Restaurant, is at the 5-year mid-term renewal for the 10-year Operating
Agreement for the On-Off Sale Wine License, issued in 2020. Staff recommends
approval of the renewal.
Item Details:
The City of Brookings enters into On-Off Sale Wine Operating Agreements for a 10-year
period, with a mid-term renewal at five years. This Resolution would allow the City
Manager to enter into the remaining 5-years of the 10-year agreement. The original 10-
year Agreement was entered into 2020.
This business is owned by Edwin Alvarez, and is located at 1300 Main Avenue South.
Legal Description: Lot 1 excluding South 92-feet of West 40-feet, Block 3, Fishback
Second Addition.
In the past 5 years, Yessica’s Restaurant had one alcohol compliance check failure in
2023.
Approval would allow the City Manager to enter in the remaining 5 years of the 10 -year
Operating Agreement for the On-Off Sale Wine License, issued in 2020.
Legal Consideration:
None.
Strategic Plan Consideration:
Service and Innovation Excellence – provide a review and renewal of an alcohol license
for an existing operating agreement holder.
Financial Consideration:
None.
Supporting Documentation:
Resolution
Operating Agreement
RESOLUTION 25-022
YESSICA’S RESTAURANT
WINE ON-SALE ALCOHOLIC BEVERAGE OPERATING AGREEMENT
5-YEAR MID-TERM RENEWAL
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the On-Sale Wine Alcoholic Beverage
Management Agreement between the City of Brookings and Yessica’s Restaurant,
Edwin Alvarez, owner, for the purpose of a manager to operate the on-sale
establishment or business for and on behalf of the City of Brookings at 1300 Main Ave.
So.: legal description: Lot 1 excluding the South 92-feet of the W est 40-feet, Block 3,
Fishback Second Addition.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement on behalf of the City, which shall be for the
remaining five (5) years of the ten (10) year agreement.
Passed and Approved this 25th day of March, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
WINE ON-SALE ALCOHOLIC BEVERAGE OPERATING AGREEMENT
Yessica’s Restaurant
5-year Mid-Term Renewal
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter refe rred
to as the “City” and Yessica’s Restaurant, Edwin Alvarez, owner, hereinafter referred to
as “Manager.” The City and Manager are referred to as the “parties” herein.
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on -sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement and in accordance with all State
laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on -sale
establishment, including but not limited to utilities, taxes, insurance, and license f ees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Lot 1 excluding the South 92-feet of the W est 40-feet, Block 3, Fishback
Second Addition
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for the remaining five (5) years of the ten
(10) year agreement, subject to the approval of the governing body of the City of
Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by
the City to the Manager for resale on the above-described premises, the actual cost of
distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of
such cost; the Manager shall pay to the City for all malt beverages sold by the City to
the Manager for resale on the above-described premises, the actual cost of malt
beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include
cost price and transportation charges. The markup percentages provided in this
Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supersede the markup percentages provided herein. The Manager
further agrees that if either of the markup percentages shall be increased at any time by
the City, the Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City which are eligible to be returned, and to receive in return any deposit
made for such alcoholic beverages; in the event of termination of the business, all
unused alcoholic beverages, which may be resold without discount may be returned to
the City and the Manager shall be reimbursed for the cost of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on -sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate a nd
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 25th day of March, 2025.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk MANAGER
By:
By:
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 25-0143,Version:1
Action on various Volunteer Board appointments.
Summary and Recommended Action:
Mayor Niemeyer has submitted the following appointment for City Council advice and consent:
Park & Recreation Board
Number of positions:1
Term Length:3 years
Residency Requirement:Not Required
Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and
Forestry to assist in fulfilling the administering of the public park system, recreation programs and city
forestry program. The Board also advises the City Council and makes recommendations on matters
regarding park capital improvements and planning.
Mayor’s Recommendation:
1. Paul Meyer (filling unexpired term - term expires 5/1/2027)
Human Rights Commission
Number of positions:2
Term Length:3 years
Residency Requirement:Not Required
Purpose: The mission of the Brookings Human Rights Commission (BHRC) is to improve human
relations in the Brookings area by fighting discrimination through education and a complaint
resolution procedure. The Commission seeks to protect the rights of and prevent and eliminate bias
and discrimination against individuals or groups because of their sex, race, color, creed, religion,
ancestry, disability, familial status, national origin, age, marital status, ethnicity, sexual orientation,
gender identity, or political affiliation, with respect to employment, labor union membership, housing
accommodations, property rights, education, public accommodations or public services. The
Commission promotes educational activities to make Brookings an inclusive and welcoming
community.
Mayor’s Recommendation:
1. Estela Jeffcoat (filling unexpired term - term expires 1/1/2027)
2. Elena Friedman - College Student Representative (filling unexpired term - term
expires 5/1/2025)
Historic Preservation Commission
Number of positions:1
Term Length:3 years
Residency Requirement:Required for Majority
Purpose:The purpose of the Historic Preservation Commission is to allow the city to engage in a
City of Brookings Printed on 3/24/2025Page 1 of 2
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File #:ID 25-0143,Version:1
comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment
of the citizens of Brookings through identification, documentation, preservation, promotion, and
development of the city’s historic resources.
Mayor’s Recommendation:
1. Audra Fullerton (filling unexpired term - term expires 1/1/2028)
City of Brookings Printed on 3/24/2025Page 2 of 2
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0141,Version:1
Presentation: “I Voted” Sticker Design Contest Winners.
The City Clerk’s Office held an “I Voted” Sticker Design Contest for all youth 18 years of age and
younger. The winning designs will be handed out to voters at the April 8th Combined Municipal /
School Board Election.
The contest winners are:
·Ruby Yseth, 2nd Grade, St. Thomas Moore School
·Elliott Ahmann, 4th Grade, Camelot Intermediate School
Attachments:
Press Release
Sticker Design - Ruby Yseth
Sticker Design - Elliott Ahmann
City of Brookings Printed on 3/20/2025Page 1 of 1
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Contact: Jessica Welu
Communication Specialist
520 3rd Street, Suite 230
Brookings, SD 57006
(605)697-8618
jwelu@cityofbrookings-sd.gov
March 13, 2025
FOR IMMEDIATE RELEASE
Brookings City Clerk’s Office announces “I Voted” sticker design contest winners
Brookings, SD – Two winning designs were selected for the Brookings City Clerk’s Office “I Voted” sticker
design contest. The winning stickers were designed by second-grader Ruby Yseth and fourth-grader Elliott
Ahmann.
The winners will be recognized at the March 25 Brookings City Council meeting.
“The contest was a fun way to get our next generation of voters excited about our local elections and to
showcase the creativity of our youth,” said Mayor Ope Niemeyer.
Over 30 entries were submitted to the contest. A panel of judges comprised of City Council members selected
the winning designs. The contest was open to all youth 18 years of age and younger who reside within the City
of Brookings.
“There were so many creative submissions. The judges had difficulty narrowing the winning designs,” said City
Clerk Bonnie Foster. “We are excited to pass out the two winning stickers to voters.”
The winning stickers will be handed out to voters during the April 8 Combined Municipal / School Board
Election.
-end-
For media inquiries and information regarding the information contained within this press release, please
contact Bonnie Foster, City Clerk with the City of Brookings at bfoster@cityofbrookings-sd.gov.
Image: Winning sticker designs
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 25-0108,Version:1
Proclamation: Developmental Disabilities Awareness Month
Summary:
Mayor Niemeyer will present a Proclamation recognizing March as Developmental Disabilities
Awareness Month.
Attachments:
Proclamation
City of Brookings Printed on 3/20/2025Page 1 of 1
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MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, developmental disabilities are often present as early as birth in
those impacted, and endure across the lifespan of a person; and
WHEREAS, disability is a natural part of the human experience that does not
diminish the right of individuals to enjoy self-determination and
experience full inclusion; and
WHEREAS, family, friends, and the community can play an important role in
enhancing the lives of individuals with disabilities, especially when
provided with necessary services and supports; and
WHEREAS, the goals of our community include providing individuals with
disabilities the opportunities and support to achieve full integration in
society, in an individualized manner, consistent with unique strengths,
resources, priorities, concerns, abilities, and capabilities of each individual;
and
WHEREAS, through increased awareness of programs and activities, the
public will better understand the potential and needs of individuals with
disabilities.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of
the City of Brookings, do hereby proclaim March 2025, as
DEVELOPMENTAL DISABILITIES AWARENESS MONTH
And call upon the people of Brookings to recognize this special observance.
IN WITNESS WHEREOF, I have placed the Seal of the City of
Brookings, State of South Dakota, this 25th day of March 2025.
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 25-0139,Version:1
Report: SDSU Student Association.
Summary:
SDSU SA Government Affairs Chair, Claire Koenecke, will provide an update on SDSU happenings
to the City Council and members of the public.
Claire is currently a sophomore at SDSU and plans to graduate in May of 2026. She is double
majoring in English and Political Science. As of right now, she plans on going into the education field
upon graduation. Claire hopes to attend graduate school in the future with the goal of working in
educational administration one day. As a Pierre native, she has been around politics her whole life
and has been fortunate to observe politics at both a State and Local level from a young age. She
served as a Legislative Page in the Senate in 2021 and in the House of Representatives in 2022.
Claire thoroughly enjoyed her time spent as a Page and credits much of her interest in politics to the
experiences she gained at the Capitol. At SDSU, Claire has served as a Senator At-large for both her
freshman and sophomore years and is looking forward to serving as the Government Affairs Chair for
this next term. Outside of her studies and Students' Association, Claire is also actively involved in the
Honors College, LeadState, Taylor Swift Society, and she currently serves as the Parade Assistant
Pooba for the Hobo Day Committee.
The Students' Association is comprised of all General Activity Fee-paying students at South Dakota
State University. The Students' Association Senate is the official student government organization at
SDSU, consisting of 26 senators representing each of the academic colleges and the student body
president and vice president.
The Students' Association Senate serves as a representative body to bring the voice of SDSU
students to university administration, faculty, staff, state legislators and the South Dakota Board of
Regents of Higher Education. The Students' Association also allocates student fee funds to support
various campus entities, facilities and many student organizations.
SDSU SA Website:<https://www.sdstate.edu/students-association>
City of Brookings Printed on 3/20/2025Page 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 25-0134,Version:2
Presentation: 2025 Stormwater Incentive Program - Rain Barrels, Native Plants and Rain Gardens
Summary and Recommended Action:
In 2024, the City of Brookings implemented a pilot stormwater incentive program that included
incentives for purchasing rain barrels and native plants. Since the program was a success, staff will
be continuing the program and expanding the program to include incentives for rain gardens in 2025.
Attachments:
Memo
Presentation
City of Brookings Printed on 3/20/2025Page 1 of 1
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City Council Agenda Item Memo
From: Sean Doremus, Engineering Technician
Council Meeting: March 25, 2025
Subject: 2025 Stormwater Incentive Program
Presenter: Sean Doremus, Engineering Technician
Summary and Recommended Action:
In 2024, the City of Brookings implemented a pilot Stormwater Incentive Program,
offering incentives for purchasing rain barrels and native plants. Since the program was
successful, staff will continue and expand it in 2025 to include incentives for rain
gardens.
Item Details:
The 2024 Stormwater Incentive Program was a success, with 40 native plant vouchers
issued and 20 redeemed for reimbursement. In total, 439 native plants were
purchased, amounting to $2,052 in reimbursements. Additionally, 93 subsidized rain
barrels were purchased at a total cost of $2,280 to the City.
In 2025, the program will be expanded to include a subsidy for adding rain gardens to
single-family residences or businesses, further advancing the City’s efforts to improve
stormwater management.
2025 Program Details:
1. Rain Barrels:
o Available to City of Brookings residents.
o Any style of rain barrel may be purchased.
o Residents will receive up to $50 reimbursement with proof of purchase
(purchased on or after April 22, 2025).
o Maximum total reimbursement available: $2,000 (40 rain barrels).
2. Native Plants:
o Available to City of Brookings residents.
o 40 vouchers available for eligible native plant purchases from a local
nursery.
o Each voucher provides up to 50% reimbursement on purchases between
$250 and $500 (minimum purchase of $250).
o A list of eligible native plants will be posted on the City’s website before
the program launch.
o Vouchers will be available starting April 22, 2025 (must be requested
before purchasing native plants).
3. Rain Gardens:
o Available to City of Brookings residents and businesses.
o Four (4) vouchers available starting April 22, 2025.
o South Dakota State University’s Landscape Architecture program will
conduct site surveys and assist with design.
o Participants will receive up to $1,000 reimbursement.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising furture generations’ quality of lifeby
strategically planning, implementing and maintaining infrstructure and facilities.
Financial Consideration:
Sufficient appropriations of $12,000 is included in the 2025 Fiscal Year budget in Fund
282 – Storm Drainage.
Supporting Documentation:
Presentation
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 25-023,Version:2
Action on Resolution 25-023, a Resolution Awarding the Contract for the Slurry Seal Project.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to award a contract for the Slurry Seal
Project, utilizing the City of Sioux Falls Bid #25-1011 Surface Treatment Program - Slurry Seal for
Sioux Falls and Surrounding Communities.
Attachments:
Memo
Resolution
Map
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City Council Agenda Item Memo
From: Thad Drietz, Assistant City Engineer
Council Meeting: March 25, 2025
Subject: Resolution 25-023: Contract Award – Slurry Seal Contract
utilizing City of Sioux Falls Bid #25-1011 Surface Treatment
Program – Slurry Seal for Sioux Falls and Surrounding
Communities
Presenter: Thad Drietz, Assistant City Engineer
Summary and Recommended Action:
Staff recommends approval of a contract for the Slurry Seal Project, utilizing the City of
Sioux Falls Bid #25-1011 Surface Treatment Program – Slurry Seal for Sioux Falls and
Surrounding Communities. The contract is under budget at $1.2 million.
Item Details:
The City seals streets on a seven-year rotation. In 2024, the Public Works Department
instituted a pilot program for a slurry seal treatment versus a chip seal treatment. The
slurry seal treatment has proven to provide a better product and experience for drivers
and the public as the slurry seal cures quickly, allowing for short duration street
closures, reduces City labor, and fully embeds aggregate chips, which reduces the
amount of loose stone on the roadway. Since the pilot program is beneficial, the City
has chosen to continue utilizing slurry seals in 2025.
The 2025 project area mainly includes residential streets between 6th Street and the
railroad tracks, and west of Medary Avenue. The project also includes downtown streets
and various arterial streets. A portion of the work in the downtown area, as well as some
higher traffic arterial streets, are planned to be completed at night, if feasible.
The proposed Resolution will authorize the City Manager to enter into a contract with
Asphalt Surface Technologies Corp. of Saint Joseph, Minnesota in the amount of
$1,203,814.04.
Legal Consideration:
Resolution 25-006, adopted on January 14, 2025, designates governmental purchasing
authorities the City can utilize to purchase from, if the governmental entity’s
procurement process is in compliance with the State’s procurement requirements. The
City of Sioux Falls bid process was in compliance with State requirements.
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:
Sufficient appropriations of $1,300,000 are included in the adopted 2025 fiscal year
budget, fund 213 - Capital Improvement Projects, Streets and Sidewalks. The contract
amount with Asphalt Surface Technologies Corp, of Saint Joseph, Minnesota will be
$1,203,814.04.
Supporting Documentation:
Resolution
Map
RESOLUTION 25-023
RESOLUTION AWARDING THE CONTRACT FOR THE SLURRY SEAL
W HEREAS, the Public Works Department requests action to award a contract for Slurry
Seal, utilizing City of Sioux Falls Bid #25-1011 Surface Treatment Program – Slurry
Seal for Sioux Falls and Surrounding Communities; and
W HEREAS, Asphalt Surface Technologies Corporation from Saint Joseph, Minnesota
was identified by the City of Sioux Falls as the lowest responsive bidder; and
WHEREAS, the City of Brookings adopted 2025 Budget includes sufficient
appropriations in fund 213 (Capital Improvement Plan Infrastructure Maintenance) of
$1,300,000.00.
NOW , THEREFORE, BE IT RESOLVED as follows:
1. That the City of Brookings contract with Asphalt Surface Technologies Corp, in
the amount of $1,203,814.04 be accepted.
2. The City Manager is authorized to sign the contract documents for this Project
and any further contract documents and change orders which may be required.
Passed and Approved this 25th day of March, 2025.
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 #:RES 25-026,Version:1
Action on Resolution 25-026, a Resolution Awarding the Contract for the Landfill Force Main
Construction Project.
Summary and Recommended Action:
Staff recommends approval of the proposed resolution, awarding a contract to Metro Construction,
Inc. for $2,591,403.76 for the Landfill Force Main Construction Project, and authorizing the City
Manager to execute the contract and any change orders in compliance with state procurement
requirements.
Attachments:
Memo
Resolution
Map
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City Council Agenda Item Memo
From: Charlie Kuhn, Solid Waste Manager
Council Meeting: March 25, 2025
Subject: Resolution 25-026: awarding the Landfill Force Main
Construction contract to Metro Construction, Inc.
Presenter: Charlie Kuhn, Solid Waste Manager
Summary and Recommended Action:
Staff recommends approval of the proposed resolution, awarding a contract to Metro
Construction, Inc. for $2,591,403.76 for the Landfill Force Main Construction Project,
and authorizing the City Manager to execute the contract and any change orders in
compliance with state procurement requirements.
Item Details:
As part of the 2023 Solid Waste Master Plan, the City’s Regional Landfill will install a
leachate force main connecting to the Brookings Municipal Utilities (BMU) sanitary
sewer. Currently, leachate is hauled by a third-party contractor to BMU’s Wastewater
Treatment Plant. Installing the force main will eliminate hauling, providing a cost -
effective and sustainable long-term solution for leachate management.
The project includes two bid alternatives:
- Alternative A: Reconstruction of 4E sump vault. The existing sump access area
is outdated and difficult to service. Updating this vault will make service and
maintenance more efficient and safer.
- Alternative B: Retrofit and modernize all existing leachate control panels. All
sump controls will be tied into one Supervisory Control And Data Acquisition
(SCADA) system, allowing staff to monitor and control the system. Remote
monitoring will notify staff of any issues that could result in environmental, health,
and safety concerns.
Due to favorable bids, both alternatives will be included in the construction contract.
A bid letting for this project was held on Tuesday, March 4, 2025 at 1:30 pm. Th e
following bids were received.
Contractor Base Bid Alternate A Alternate B Total
Metro Construction, Inc. $2,384,759.96 $68,000.00 $138,643.80 $2,591,403.76
Prunty Construction, Inc. $2,408,886.00 $107,650.00 $188,250.00 $2,704,786.00
Engineer’s Estimate $2,400,000.00 $110,000.00 $201,400.00 $2,711,400.00
Metro Construction, Inc., submitted the lowest base bid of $2,384,759.96, with an
Alternate A bid of $68,000 and an Alternate B bid of $138,643.80. The company is
headquartered in Tea, SD.
The total low bid of Metro Construction, Inc., of $2,591,403.76 is approximately 4.4%
lower than the Engineer’s estimate of $2,711,400.00.
Legal Consideration:
The City of Brookings complied with the competitive bid process as required by state
regulations. The City Attorney will review the construction contract prior to execution.
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:
Sufficient appropriations of $3,000,000 are included in the amended 2025 fiscal year
budget, fund 625 - Capital Improvement Projects, Buildings and Structures. The total
contract amount, including alternatives is $2,591,403.76. The total award is 14% under
budget.
Supporting Documentation:
Resolution
Map
RESOLUTION 25-026
RESOLUTION AWARDING THE CONTRACT FOR
THE LEACHATE FORCE MAIN CONSTRUCTION
W HEREAS, the 2023 Solid Waste Master Plan recommends constructing a leachate
force main from the Brookings Regional Landfill to the Brookings Municipal Utilities
sanitary sewer; and
W HEREAS, the City opened bids for the Leachate Force Main Construction Project on
Tuesday, March 4, 2025 at 1:30 pm; and
W HEREAS, Metro Construction Inc., headquartered in Tea, SD, submitted the lowest
responsive bid; and
W HEREAS, the amended 2025 Budget includes sufficient appropriations in fund 625 -
Solid Waste Disposal of $3,000,000.00.
NOW , THEREFORE, BE IT RESOLVED as follows:
1. The low bid of $2,591,403.76 from Metro Construction Inc. is hereby accepted.
2. The City Manager is authorized to sign the contract and any necessary change
orders in accordance with procurement requirements.
Passed and Approved this 25th day of March, 2025.
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 25-009,Version:2
Second Reading and Action on Ordinance 25-009, an Ordinance Authorizing Budget Amendment No.
10 to the 2024 Budget.
Summary and Recommended Action:
Staff recommends Council approval on Budget Amendment No. 10. This amendment authorizes
appropriate budget authority for revenues and expenditures in the governmental funds to close out
2024.
Attachments:
Memo
Ordinance
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City Council Agenda Item Memo
From: Ashley Rentsch, Finance Director
Council Meeting: March 11, 2025 / March 25, 2025
Subject: Ordinance 25-009: Amendment No. 10 to the 2024 Budget
Presenter: Ashley Rentsch, Finance Director
Summary and Recommended Action:
Staff recommends Council approval on Budget Amendment No. 10. This amendment
authorizes appropriate budget authority for revenues and expenditures in the
governmental funds to close out 2024.
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
and capital needs. This amendment increases budget authority in the five following
areas, which have adequate revenues to offset increases in expenditures:
1. Hillcrest Aquatic Center - $14,995
a. Increase in Swimming Pool Fees to offset purchase of a pool heater.
2. Forestry - $20,000
a. Increase in Reimbursed Expense to account for a contractor
reimbursement and associated expenditures in Horticulture Supplies to
move trees on 20th Street South.
3. Police Department - $25,000
a. Increase in Reimbursed Expense to account for additional billable event
revenues to offset increase in expenditure budget for Overtime Pay.
4. Library Donations - $6,000
a. Increase Donations budget to offset increased general expenditures.
5. BID (Pillow) Tax - $1,456
a. Increase Professional Services revenue in Finance to account for
additional BID tax admin fees. This is a percentage of the BID tax is paid
to the General Fund for tracking and reporting.
Legal Consideration:
Per SDCL 9-21-7, supplemental appropriations are allowed and necessary when funds
are available and are required to meet expenditure obligations.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
This ordinance increases budget authority for expenditures and corresponding revenues
with a net neutral impact on the overall budget.
Supporting Documentation:
Ordinance
ORDINANCE 25-009
AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 10
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 2025 budget:
General Fund
Dept. / Fund Budgetary Account Account Description Increase/(Decrease)
Amount
Hillcrest Aquatic
Center
101-449-4-346-04 Swimming Pool Fees
(Rev.)
$ 14,995.00
Hillcrest Aquatic
Center
101-449-5-425-04 Maintenance
Equipment (Exp.)
14,995.00
Forestry 101-454-4-334-07 Reimbursed Expense
(Rev.)
20,000.00
Forestry 101-454-5-426.06 Horticulture Supplies
(Exp.)
20,000.00
Police 101-421-4-441-08 Reimbursed Expense
(Rev.)
25,000.00
Police 101-421-5-101-04 Overtime Pay (Exp.) 25,000.00
Library Donations 227-000-4-446-10 Donations (Rev.) 6,000.00
Library Donations 227-000-5-899-99 Other Expenses
(Exp.)
6,000.00
Finance 101-415-4-441.04 Professional Services
(Rev.)
1,456.00
BID (Pillow) Tax 285-000-5-429.07 Miscellaneous (Exp.) 1,456.00
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
FIRST READING: March 11, 2025
SECOND READING: March 25, 2025
PUBLISHED: March 28, 2025
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 25-010,Version:2
Public Hearing and Action on Ordinance 25-010, an Ordinance Amending Chapter 38 - Floods, of the
Code of Ordinances of the City of Brookings, and Pertaining to the Flood Prevention and
Regulations.
Summary and Recommended Action:
Staff recommends approval of the proposed ordinance revision. The Federal Emergency
Management Agency (FEMA) has completed a Flood Insurance Study (FIS) and updated the Flood
Insurance Rate Maps (FIRM) for the City of Brookings. To maintain participation in the National
Flood Insurance Program (NFIP), the City must update its floodplain ordinance to reference the
revised FIS and incorporate additional language to comply with FEMA standards. The revised
ordinance must be adopted and take effect by April 23, 2025, when the new FIS and FIRM maps
become official.
Attachments:
Memo
Ordinance
Legal Notice
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City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: March 11, 2025 / March 25, 2025
Subject: Ordinance 25-010: Update of Floodplain Ordinance
Presenter: John Thompson, Director of Public Works
Summary and Recommended Action:
Staff recommends approval of the proposed ordinance revision. The Federal
Emergency Management Agency (FEMA) has completed a Flood Insurance Study (FIS)
and updated the Flood Insurance Rate Maps (FIRM) for the City of Brookings. To
maintain participation in the National Flood Insurance Program (NFIP), the City must
update its floodplain ordinance to reference the revised FIS and incorporate additional
language to comply with FEMA standards. The revised ordinance must be adopted and
take effect by April 23, 2025, when the new FIS and FIRM maps become official.
Item Details:
The City of Brookings participates in the National Flood Insurance Program (NFIP), a
federal program which provides flood insurance to property owners in flood-prone areas
who may not otherwise have access to such coverage. FEMA identifies these areas,
known as Special Flood Hazard Areas (SFHAs), on community-specific Flood Insurance
Rate Maps (FIRM) based on the findings of a Flood Insurance Study (FIS).
FEMA has recently updated the FIRM maps and FIS, with the revised versions set to
take effect on April 23, 2025. To ensure continued participation in the NFIP, the City is
required to update its floodplain ordinance to reference the revised FIRM maps and FIS,
as well as to align with FEMA’s compliance standards. The proposed ordinance deletes
the current ordinance in its entirety and restates “Chapter 38 – Floods” in compliance
with FEMA standards.
FEMA mandates that the City follow its standardized ordinance template to maintain
eligibility in the NFIP. The key updates in the revised ordinance include:
Recognition of the updated Flood Insurance Study and Flood Insurance Rate
Map, effective April 23, 2025, as the basis for identifying Special Flood Hazard
Areas.
Removal of joint jurisdiction enforcement responsibilities, as areas outside City
limits are considered a separate NFIP community.
Definition of a stop-work order process, establishing the City’s authority to halt
work that violates the floodplain ordinance.
Clarification of penalties for noncompliance with the ordinance.
Designation of the City Engineer as the Floodplain Administrator responsible for
enforcement and oversight.
Specification of floodplain permit procedures to ensure regulatory compliance.
Increase in the freeboard requirement for manufactured homes in new or
expanded manufactured home parks, raising the requirement from 0 feet to 2
feet to align with residential standards.
If adopted and implemented by April 23, 2025, this ordinance will allow property owners
in designated flood-prone areas to continue accessing flood insurance through the
National Flood Insurance Program.
Legal Consideration:
The City Attorney and FEMA have reviewed the proposed ordinance.
Strategic Plan Consideration:
Service and Innovation Excellence – The City of Brookings will provide an accessible
environment committed to ongoing innovation and outstanding service through listening
and engagement.
Financial Consideration:
None
Supporting Documentation:
Ordinance
Legal Notice
1
ORDINANCE 25-010
AN ORDINANCE AMENDING CHAPTER 38 - FLOODS, OF THE CODE OF
ORDINANCES OF THE CITY OF BROOKINGS, AND PERTAINING TO THE FLOOD
PREVENTION AND REGULATIONS.
BE IT ORDAINED by the Governing Body of the City of Brookings, South Dakota that
the Chapter 28 – Floods, be deleted in its entirety and restated as follows:
ARTICLE II - FLOOD DAMAGE PREVENTION ORDINANCE
DIVISION I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
Sec. 38-31. STATUTORY AUTHORIZATION AND BACKGROUND
a. The Legislature of the State of South Dakota has in SDCL 11-2-13 and 11-4-1
delegated the responsibility to local governmental units to adopt regulations
designed to minimize flood losses.
b. The City of Brookings adopts this ordinance, in compliance with the requirements
of the National Flood Insurance Act of 1968 (P.L. 90 -488, as amended). The
National Flood Insurance Program (NFIP) is a voluntary program administered by
the Federal Emergency Management Agency (FEMA), a component of the U.S.
Department of Homeland Security. The City of Brookings has elected to join this
program, participate, and enforce this Flood Damage Prevention Ordinance and
the requirements and regulations of the NFIP. The NFIP, established in the
aforesaid Act, provides that areas of the City of Brookings having a special flood
hazard be identified by FEMA, and that floodplain management measures be
applied in such flood hazard areas. Furthermore, the City of Brookings may elect
to administer the Flood Damage Prevention Ordinance to areas not identified as
Special Flood Hazard Areas (SFHAs) by FEMA on the City’s Flood Insurance
Rate Map (FIRM) if the community has documentation to support that there is an
inherent risk of flooding in such areas.
Sec. 38-32. FINDINGS OF FACT
The flood hazard areas of the City of Brookings are subject to periodic inundation by
flood waters, which results in potential loss of life and property, health and safety
hazards, disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief; all of which adversely affect the public
health, safety and general welfare of the inhabitants of the City of Brookings.
These potential flood losses are caused by:
1. The cumulative effect of obstructions in floodplains that are known to cause
increases in flood heights and velocities;
2
2. The occupancy of flood hazard areas by structures vulnerable to floods because
they are inadequately elevated or otherwise unprotected from flood damages;
and
3. Uses deemed unsuitable for floodplain areas or that did not account for the
increased flood risk.
Sec. 38-33. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general
welfare of the City and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize damage to public infrastructure, including but not limited to utilities,
streets, and bridges that are susceptible to flooding;
3. Minimize prolonged business interruptions caused by flooding;
4. Minimize public expenditures on flood control projects;
5. Minimize the need for rescue and relief efforts associated with flooding which are
generally undertaken at the expense of the public;
6. Protect and safeguard the welfare and safety of first responders should an
emergency response be needed;
7. Help maintain a stable tax base by providing for the sound use and development
of floodprone areas in such a manner as to minimize future flood blight areas;
and
8. Promote notice to potential buyers of properties which are in a flood area.
Sec. 38-34. METHODS OF REDUCING FLOOD LOSSES
To accomplish the purposes outlined in this ordinance, the following methods will apply:
1. Restrict or prohibit land uses that are dangerous to health, safety, or property in
times of flooding, or cause excessive increases in flood heights or velocities;
2. Require that land uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other developments that may increase flood
damage; and
5. Prevent or regulate the construction of flood barriers that will unnaturally divert
floodwaters or may increase flood hazards to other lands.
DIVISION II- DEFINITIONS
Sec. 38-35. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
100-Year Flood means a flood having a recurrence interval that has a one percent
chance of being equaled or exceeded during any given year (one percent annual
chance flood). The terms “one hundred year flood” and “one percent annual chance
3
flood” are synonymous. The term does not imply that the flood will necessarily happen
once every one hundred years. Mandatory flood insurance requirements may apply.
100-Year Floodplain means the area of land susceptible to being inundated due to the
occurrence of a one percent annual chance flood.
500-Year Flood means a flood having a recurrence interval that has a 0.2 percent
chance of being equaled or exceeded during any given year (0.2 percent annual chance
flood). The term does not imply that the flood will necessarily happen onc e every 500
years and mandatory flood insurance requirements generally does not apply.
500-Year Floodplain means the area of land susceptible to being inundated due to the
occurrence of a 0.2 percent annual chance flood.
Accessory Structure is a structure that is on the same parcel of property as a principal
structure. Its use is incidental to the use of the principal structure and it is owed the
ownership by the same owner as of the principal structure. An accessory structure is a
non-residential structure of lower value than the principal structure that is used solely for
the parking of vehicles and storage of tools, materials, and equipment. No human
habitation is allowed within an accessory structure.
Addition is any improvement that expands the enclosed building footprint or increases
the square footage of an existing structure. This includes lateral additions added to the
side, front or rear of a structure, vertical additions added on top of a structure and
enclosures added underneath a structure.
Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan or
similar landform that originates at the apex. It is characterized by high velocity flows,
active processes of erosion, sediment transport, and deposition, and unpredictable flow
paths.
Apex means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
Appurtenant Structure—see Accessory Structure.
Area of Future-Conditions Flood Hazard means the land area that would be
inundated by the one percent annual chance (100-year) flood, based on future-
conditions hydrology.
Area of Shallow Flooding means a designated AO, AH, AR/AO, or AR/AH zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual
chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
4
Area of Special Flood-Related Erosion Hazard is the land within a community that is
most likely to be subject to severe flood-related erosion losses. The area may be
designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the de tailed
evaluation of the special flood-related erosion hazard area, in preparation for publication
of the FIRM, Zone E may be further refined.
Area of Special Flood Hazard is the land in the flood plain within a community subject
to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the FHBM. After detailed ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH,
A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, or V1-30, VE, or V. For
purposes of these regulations, the term “special flood hazard area” is synonymous in
meaning with the phrase “area of special flood hazard”.
Base Flood means the flood having a one percent chance of being equaled or
exceeded in any given year.
Base Flood Elevation (BFE) is the water surface elevation of the one percent annual
chance flood event. It is the height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains of coastal and
riverine areas. It is also the elevation shown on the FIRM and found in the
accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30,
or VE that indicates the water surface elevation resulting from the flood that has a one
percent chance of equaling or exceeding that level in any given year.
Basement means any area of the building having its floor subgrade (below ground
level) on all sides. A walkout basement that does not require a step up to grade is not
considered a basement.
Best Available Data is existing flood hazard information adopted by a community and
reflected on an effective FIRM, FBFM, FHBM and/or within an FIS report, or draft or
preliminary flood hazard information supplied by FEMA or from another source . Other
sources may include, but are not limited to, state, other federal agencies, or local
studies, the more restrictive of which would be reasonably used by the community.
Breakaway Wall means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of the building or
supporting foundation system. Any walls below the lowest floor in a building in a V or VE
Zone should give way under wind and water loads without causing collapse,
displacement, or other damage to the elevated portion of the building of the supporting
pilings or columns. Breakaway walls apply only to V or VE Zones.
Building—see Structure.
5
Channelization means the artificial creation, enlargement, realignment, or alteration of
a stream channel’s slope, shape, or alignment. Streambank restoration may be deemed
to be channelization.
Code of Federal Regulations (CFR) is the codification of the general and permanent
rules published in the Federal Register by the executive departments and agencies of
the Federal Government.
Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed
project that would, upon construction, affect the hydrologic and/or hydraulic
characteristics of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective BFEs, and/or the SFHA. The letter does not revise an
effective map; rather, it indicates whether the project, if built as proposed, would be
recognized by FEMA.
Conditional Letter of Map Revision Based on Fill (CLOMR-F) is FEMA's comment
on a proposed structure or property. The letter does not revise an effective map; rather,
it indicates whether the project, if built as proposed, would be removed from the
floodplain.
Crawlspace means an under-floor space that has its interior floor area (finished or not)
no more than 4 feet from the bottom floor joist which is the next higher floor elevation,
designed with proper openings that equalize hydrostatic pressures of flood water, and is
not used for habitation. See Sec. 38-53(d) CRAWLSPACE
Critical Facility means a facility or building where even a slight chance of flooding is
too great a threat. Typical critical facilities include hospitals, fire stations, police stations,
schools, facilities for the storage of critical records, assisted living and similar facilities.
Deed Restriction refers to a clause in a deed that limits the future use of the property in
some respect. Deed restrictions may impose a vast variety of limitations and conditions .
For example, they may limit the density of buildings, dictate the types of structures that
can be erected, or prevent buildings from being used for specific purposes or from being
used at all.
Detached Garage is a building that is used solely for storage of materials or vehicle
parking for up to four housing occupants. If a detached garage is designed or used for
habitation or conducting business, or has multiple stories, then the building is not
considered a detached garage under the NFIP.
Development means any human-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, demolition, excavation or drilling operations, or storage, either
temporary or permanent, of equipment or materials.
Elevated Building is a non-basement building built, in the case of a building in Zone
A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, to have the top of the elevated floor
6
above the ground level by means of pilings, columns (post and piers), or shear walls
parallel to the flow of the water and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude of the base flood.
In the case of a building in Zone A1-30, AE, A, A99, AR, AO, AH, B, C, X and D, an
“elevated building” also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood
waters.
Enclosure refers to an enclosed walled-in area below the lowest floor of an elevated
building. Enclosures below the BFE may only be used for building access, vehicle
parking, and storage.
Erosion means the process of the gradual wearing away of land masses by wind,
water, or other natural agents.
Existing Construction refers to structures for which the “start of construction”
commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date. It may also be referred to as Existing Structures.
Existing Manufactured Home Park or Subdivision means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
Existing Structures—see Existing Construction.
Expansion to an Existing Manufactured Home Park or Subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufacturing homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA means the Federal Emergency Management Agency.
Fill refers to the placement of materials, such as dirt, sand, or rock to elevate a
structure, property, or portion of a property above the natural elevation of the site,
regardless of where the material was obtained. The common practice of removing
unsuitable material and replacing it with engineered material is not considered fill if the
elevations are returned to the existing conditions. Any fill placed or used prior to the
area being mapped as a flood hazard area is not considered to be fill.
Flood or Flooding means:
1. A general and temporary condition of partial or complete inundation of normally
dry land areas from:
a. The overflow of inland or tidal waters.
7
b. The unusual and rapid accumulation or runoff of surface waters from any
source.
2. Mudslides (i.e., mudflows) that are proximately caused by flooding as defined in
this ordinance and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
3. The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in flooding as
defined in this ordinance.
Flood Insurance Manual is the document FEMA produces twice a year and is used to
write flood insurance policies underwritten by the NFIP. The document contains
definitions, policy rates, coverage and limitations, application and insurance policy
forms.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which
the Administrator has delineated both the SFHAs and the risk premium zones
applicable to the community.
Flood Insurance Study (FIS) or Flood Elevation Study means an examination,
evaluation, and determination of flood hazards and, if appropriate, corresponding water
surface elevations, or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
Floodplain Development Permit is a community issued permit or document that is
used for any development that occurs within an SFHA identified by FEMA or the
community. It is used to address the proposed development to ensure compliance with
the community’s ordinance.
Floodplain or Flood-Prone Area means any land area susceptible to being inundated
by water from any source whether or not identified by FEMA (see definition of
Flooding).
Floodplain Management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, mitigation plans, and floodplain management
regulations.
Floodplain Management Regulations means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
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combination thereof, which provide standards for flood damage prevention and
reduction.
Flood Opening refers to an opening in the wall of an enclosed structure that allows
floodwaters to automatically enter and exit the enclosure. See FEMA Technical Bulletin
1.
Flood Protection System means those physical structural works for which funds have
been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the area within a
community subject to an SFHA and to reduce the depths of associated flooding. Such a
system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized, flood modifying works are those constructed in conformance with
sound engineering standards. FEMA only accredits levees, both private and public, that
have been certified by a professional engineer or firm in which the certification shows
that the levee has met and continues to meet the minimum regulatory standards cited in
Title 44, Chapter 1, Section 65.10 of the Code of Federal Regulations (44 CFR 65.10 ).
Floodproofing means any combination of structural and non -structural additions,
changes, or adjustments to structures that reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents. Floodproofing can either be accomplished in the form of dry floodproofing in
which the structure is watertight below the levels that need flood protection, or wet
floodproofing in permanent or contingent measures applied to a structure that prevent or
provide resistance to damage from flooding, while allowing floodwaters to enter the
structure or area.
Floodway—see Regulatory Floodway.
Floodway encroachment lines mean the lines marking the limits of floodways on
federal, state, and local flood plain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for
purposes of flood plain management. “Freeboard” tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed.
Functionally Dependent Use means a development that cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and repair facilities. It does not include long-term
storage or related manufacturing facilities.
Highest Adjacent Grade (HAG) means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure. In AO Zones, the
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highest adjacent grade is utilized by comparing the lowest floor elevation to that of the
highest adjacent grade and the depth of the AO Zone.
Historic Structure means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic places in states with historic
reservation programs that have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the
Interior, or
b. Directly by the Secretary of the Interior in states without approved
programs.
Letter of Map Amendment (LOMA) means an official amendment, by letter, to an
effective FIRM. A LOMA establishes a property’s location in relation to the SFHA. It is
usually issued because a property or structure has been inadvertently mapped as being
in the floodplain, when the property or structure is actually on natural high ground above
the BFE.
Letter of Map Revision (LOMR) means FEMA's modification or revision to an entire or
portion of the effective FIRM, or Flood Boundary and Floodway Map, or both. LOMRs
are generally based on the implementation of physical measures that affect the
hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodway, the effective BFEs, or the SFHA.
Letter of Map Revision Based on Fill (LOMR-F) means FEMA’s amendment, by
letter, to an effective FIRM, where fill was brought in or used to elevate a property,
portion of the property or structure above the BFE.
Levee means a man-made structure usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
Levee System means a flood protection system that consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
Lowest Adjacent Grade (LAG) means the lowest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure. For an existing
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structure, it means the lowest point where the structure and ground touch , including but
not limited to attached garages, decks, stairs, and basement windows.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements of Section 60 of the NFIP
Regulations.
Manufactured Home means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term “manufactured home” does
not include a “recreational vehicle”; however, a manufactured home may be used for
both residential and non-residential use.
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
Map means the FHBM or the FIRM for a community issued by FEMA.
Mean Sea Level means, for purposes of the NFIP, the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other
datum, to which BFEs shown on a community's FIRM are referenced.
Mixed Use Structures are structures with both a business and a residential
component, but where the area used for business is less than 50 percent of the total
floor area of the structure.
New Construction means structures for which the start of construction commenced on
or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures. For the
purposes of determining insurance rates, structures for which the “start of construction”
commenced on or after the effective date of an initial FIRM or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by a community.
No-Rise Certifications are formal certifications signed and stamped by a professional
engineer licensed to practice in the state, demonstrating through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that a
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proposed development will not result in any increase (0.00 feet) in flood levels within the
community during the occurrence of a base flood event.
Physical Map Revision (PMR) is FEMA’s action whereby one or more map panels are
physically revised and republished.
Recreational Vehicle means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily, not for use as a permanent dwelling but, as temporary living
quarters, for recreational, camping, travel, or seasonal use.
Regulatory Floodway means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
Riverine means relating to, formed by, or resembling a river (including tributaries),
stream, brook or creek, which can be intermittent or perennial.
Section 1316 refers to the section of the National Flood Insurance Act of 1968, as
amended, which provides for the denial of flood insurance coverage for any property
that the Administrator finds has been declared by a duly constituted State or local
authority to be in violation of State or local floodplain mana gement regulations. Section
1316 is issued for a property, not a property owner, and remains with the property even
after a change of ownership.
Special Flood Hazard Area—see Area of Special Flood Hazard.
Start of Construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes substantial
improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
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Structure means, for floodplain management purposes, a walled and roofed building,
culvert, bridge, dam, or a gas or liquid storage tank that is principally above ground, as
well as a manufactured home. Structure, for insurance purposes, means:
1. A building with two or more outside rigid walls and a fully secured roof, which is
affixed to a permanent site;
2. A manufactured home (“a manufactured home,” also known as a mobile home, is
a structure which is built on a permanent chassis, transported to its site in one or
more sections, and affixed to a permanent foundation); or
3. A travel trailer without wheels built on a chassis and affixed to a permanent
foundation, that is regulated under the community's floodplain management and
building ordinances or laws.
For insurance purposes, “structure” does not mean a recreational vehicle or a park
trailer or other similar vehicle, except as described in Section (3) of the definition of
structure, or a gas or liquid storage tank.
Substantial Damage means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its pre-damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurre d.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the “start of construction” of the improvement. This
term includes structures which have incurred “substantial damage”, regardless of th e
actual repair work performed.
The term does not, however, include:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications that have been identified by
the local code enforcement official and are the minimum necessary to assure
safe living conditions; or
2. Any alteration of a “historic structure”, if the alteration will not preclude the
structure's continued designation as a “historic structure.”
Variance means a grant of relief by a community from the terms of a flood plain
management regulation. Reference: See Sec. 35-5050. VARIANCE PROCEDURES
Violation means the failure of a structure or other development to be fully compliant
with the community's flood plain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in Sections 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation is
provided.
Water Surface Elevation means the height, in relation to the North American Vertical
Datum (NAVD) of 1988, (or other datum, where specified) of floods of various
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magnitudes and frequencies, such as the one percent annual chance flood event, in the
flood plains of coastal or riverine areas.
Watercourse means the channel and banks of an identifiable water in a creek, brook,
stream, river, ditch or other similar feature.
DIVISION III
GENERAL PROVISIONS
Sec. 38-36. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard identified by FEMA within
the City of Brookings.
Sec. 38-37. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by FEMA in a scientific and engineering
report entitled, "The Flood Insurance Study for Brookings County, South Dakota and
Incorporated Areas” dated April 23, 2025, accompanying FIRMs, and any Letters of
Map Change including Letters of Map Amendment, Letters of Map Revision based on
Fill, and Letters of Map Revision, thereto are hereby automatically adopted by reference
and declared to be a part of this ordinance.
Sec. 38-38. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
Sec. 38-39. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing ea sements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Sec. 38-40. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State
statutes.
Sec. 38-41. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions, greater floods can and will occur and flood heights may be increased by
human-made or natural causes.
This ordinance does not imply that land outside the areas of special flood hazards or
uses permitted within such areas will be free from flooding or flood damages. This
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ordinance shall not create liability on the part of the City or any official or employee
thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
Sec. 38-42. SEVERABILITY
If any section, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court, the remainder of the ordinance shall not be affected.
Sec. 38-43. COMPLIANCE
No structures or developments, including buildings, recreation vehicles, or
manufactured homes or land shall hereafter be located, altered, or have its use
changed without full compliance with the terms of this ordinance. Nothing herein shall
prevent the City of Brookings from taking such lawful action as is necessary to prevent
or remedy any violations.
Sec. 38-44. STOP WORK ORDER
1. Authority. Whenever the floodplain administrator or other city official or
representative discovers any work or activity regulated by this ordinance being
performed in a manner contrary to the provision s of this ordinance, the floodplain
administrator is authorized to issue a stop work order.
2. Issuance. The stop work order shall be in writing a nd shall be given to the owner
of the property involved, or to the owner’s agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall immediately cease. The
stop work order shall state the reason for the order, and the conditions under
which the cited work will be permitted to resume.
3. Unlawful continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to penalties as
prescribed by city ordinance or State law, including but not limited to the
penalties set forth in Sec. 38-45. PENALTIES FOR NONCOMPLIANCE.
Sec. 38-45. PENALTIES FOR NONCOMPLIANCE
In accordance with Section 59.2(b) of CFR 44, Chapter 1, of the NFIP regulation, to
qualify for the sale of federally subsidized flood insurance, a community must adopt
floodplain management regulations that meet or exceed the minimum standards of
Section 60 of the NFIP regulations. “These regulations provide that a municipality must
adopt effective enforcement provisions.” In accordance with Section 60.1(b) of CFR 44,
Chapter 1, of the NFIP regulations, these regulations must be legally-enforceable,
applied uniformly throughout the community to all privately and publicly owned land
within flood-prone (i.e. mudflow) or flood-related erosion areas, and the community must
provide that the regulations take precedence over less restrictive conflicting local laws,
ordinances, or codes.
Accordingly, no structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance and other
applicable regulations. Violation of the provisions of this ordinance by failure to comply
with any of its requirements (including violations of conditions and safeguards
15
established in connection with conditions) shall constitute a violation of this chapter. Any
person who violates this ordinance or fails to comply with any of its requirements shall,
upon conviction thereof, be subject to a fine as provided by Resolution of the City
Council for each violation, which may be assessed daily. In addition, any person who
violates this Chapter shall pay all costs and expenses resulting from the violation.
Nothing herein contained shall prevent the City from taking such other lawful action as
is necessary to prevent or remedy any violation.
DIVISION IV
ADMINISTRATION
Sec. 38-46. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City of Brookings City Engineer is hereby appointed as the Floodplain Administrator
to administer and implement the provisions of this ordinance and other appropriate
sections of the NFIP Regulations and 44 CFR pertaining to floodplain management.
Sec. 38-47. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to, the following:
1. Uphold the goals of the community and the NFIP to reduce risk when possible
and increase the community’s resistance to future disasters.
2. Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance, including the actual elevation of the lowest floor
(including basement or crawlspace) of all new or substantially improved
structures and any floodproofing certificates, including the data supporting such
certificates.
3. Maintain and hold open for public inspection maps t hat identify and locate the
boundaries of the SFHAs to which this ordinance applies, including, but not
limited to, the FIRM.
4. Review development proposals to determine whether a proposed building site,
including sites designed for the placement of manufactured homes, will be
reasonably safe from flooding.
5. Review, approve, or deny all applications for development permits required by
adoption of this ordinance.
6. Ensure that all necessary permits have been obtained from those federal, state,
or local governmental agencies (including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered
Species Act of 1973) from which prior approval is required.
7. Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
8. Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is the South Dakota Office of Emergency Management, prior to
any alteration or relocation of a watercourse, and submit evidence of such
notification to FEMA.
9. Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict
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between a mapped boundary and actual field conditions), the Floodplain
Administrator shall make the necessary interpretation.
10. When BFE data has not been provided by FEMA, the Floodplain Administrator
may obtain, review, and reasonably utilize any BFE data and floodway data
available from a federal, state, or other source including data provided by the
applicant, in order to administer the provisions of this ordinance.
11. When a regulatory floodway has not been designated, no new construction,
substantial improvements, or other development (including fill) shall be permitted
within Zones A1-30, AE, and AH on the city's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface
elevation of the base flood more than 1.00 foot at any point within the city.
a. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP
Regulations, a community may approve certain development in Zones A1-
30, AE, and AH on the community’s FIRM, which increases the water
surface elevation of the base flood by more than 1.00 foot, provided that
the city first meets the requirements of Section 65.12 for a conditional
FIRM revision through FEMA’s CLOMR process.
12. If the project is determined or reasonably believed to cause an adverse effect on
the BFE(s), boundaries of the floodplain or any insurable structures, technical
justification for the proposed development shall be submitted and the community
may require a CLOMR or LOMR to be submitted prior to the permit approval or
as a requirement of the permit.
Sec. 38-48. REQUIREMENT TO SUBMIT NEW TECHNICAL DATA
1. The property owner or developer shall notify FEMA by submittal of a LOMR
within 6 months of project completion when an applicant had obtained a CLOMR
from FEMA or when development altered a watercourse, modified floodplain
boundaries, or modified BFE.
2. The property owner or developer shall be responsible for preparing technical
data to support the CLOMR or LOMR application and paying any processing or
application fees to FEMA. The property owner or developer is responsible for
submitting the CLOMR and LOMR to FEMA and shall provide all necessary data
to FEMA if requested during the review process to ensure the CLOMR or LOMR
is issued.
3. The Floodplain Administrator shall be under no obligation to sign the Community
Acknowledgement Form, which is part of the CLOMR/LOMR application, until the
applicant demonstrates that the project will or has met the requirements of this
ordinance and all applicable state federal, and local laws.
Sec. 38-49. PERMIT PROCEDURES
Application for a Development Permit shall be presented to the Floodplain Administrator
on forms furnished by them and may include, but not be limited to:
1. Duplicated plans drawn to scale showing the location, dimensions, and elevation
of proposed landscape alterations.
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2. Duplicated plans drawn to scale showing the location, dimensions, and elevation
of existing and proposed structures, including the placement of manufactured
homes.
3. Location of the foregoing in relation to SFHAs.
4. Elevation (in relation to mean sea level), of the lowest floor (including basement
and crawlspace) of all new and substantially improved structures, if applicable;
5. Elevation (in relation to mean sea level), to which any nonresidential structure (if
applicable) shall be floodproofed.
6. A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure (if applicable) shall meet the floodproofing
criteria of this ordinance and the NFIP Regulations.
7. Description of the extent to which any watercourse or natural drainage will be
altered or relocated because of proposed development, if applicable.
8. At the city’s discretion, the city may charge a fee for issuance of floodplain
development permits.
9. Copies of all floodplain development permits and the associated documents shall
become property of the city and a permanent record.
Approval or denial of a Development Permit by the Floodplain Administrator shall be
based on all of the provisions of this ordinance and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage.
2. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
3. The danger that materials may be swept onto other lands to the injury of others.
4. The compatibility of the proposed use with existing and anticipated development.
5. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
6. The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical, and water systems.
7. The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site.
8. The necessity to the facility of a waterf ront location, where applicable.
9. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
10. The relationship of the proposed use to the comprehensive plan for that area.
Sec. 38-50. VARIANCE AND APPEAL PROCEDURES
1. VARIANCE
a. An application for a variance must be submitted to the Floodplain
Administrator on the form provided by the City of Brookings and include at
a minimum the same information required for a development permit and
an explanation for the basis for the variance request.
b. Upon receipt of a completed application for a variance, the variance
request will be set for public hearing at the next Board of Adjustment
meeting in which time is available for the matter.
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c. Prior to the public hearing, Notice of the hearing will be published in the
official newspaper of the City at least 15 days prior to the hearing. In
addition to the newspaper publication, written notice shall be provided to
all adjoining property owners.
d. The burden to show that the variance is warranted and meets the criteria
set out herein is on the applicant.
2. CRITERIA FOR VARIANCES
a. Generally, the only condition under which a variance from the elevation
standard may be issued is for new construction and substantial
improvements to be erected on a small or irregularly shaped lot
contiguous to and surrounded by lots with existing structures constructed
below the base flood level. As the lot size increases the technical
justification required for issuing the variance increases.
b. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would re sult.
c. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
d. Variances may be issued upon;
i. A showing by the applicant of good and sufficient cause;
ii. A determination that failure to grant the variance would result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws and
ordinances.
e. Variances pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, economic or
financial circumstances. They primarily address small lots in densely
populated residential neighborhoods.
3. VARIANCE DECISION
The decision to either grant or deny a variance shall be in writing and shall set
forth the reasons for such approval or denial. If the variance is granted, the
property owner shall be put on notice along with the written decision that the
permitted building will have its lowest floor below the Flood Protection
Elevation and that the cost of flood insurance likely will be commensurate with
the increased flood damage risk.
4. APPEALS
The Board of Adjustment shall hear and decide appeals from the permit
denials and interpretations of the Administrator.
1. An appeal must be filed with the Floodplain Administrator within fourteen
(14) days of the date of any permit denial or interpretation of the
Administrator. Failure to timely file an appeal shall be considered a failure
to exhaust the applicant’s administrative remedies. The appeal must set
out the interpretation of the Administrator and a narrative setting forth the
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facts relied upon by the appellant and the appellants claim regarding the
error in the interpretation.
2. Upon receipt of a completed appeal, the appeal will be scheduled for the
next available Board of Adjustment meeting to be heard. In ruling on an
appeal, the Board of Adjustment shall consider all technical evaluations,
all relevant factors, and standards specified in other sections of this
ordinance, including:
a. The danger that materials may be swept onto other lands to the injury
of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood
damage and the effects of such damage on the individual landowner;
d. The importance of the services provided by the proposed facility to the
community;
e. The necessity of the facility to a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated
development;
h. The relationship of the proposed use to the comp rehensive plan and
floodplain management program for that area;
i. The safety of access to the property in times of flooding for ordinary
and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and
k. The cost of providing government services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
5. DECISION
The Board of Adjustment’s decision on appeal shall be in writing and set out
the facts, technical information, and the legal basis for the decision.
Sec. 38-51. PERMIT EXPIRATION
A permit shall expire if the proposed development is not commenced within one
year after its issuance, or if the work authorized is suspended or abandoned for a period
of 180 days after the work commences. Any permit issued prior to adoption of this
ordinance shall expire one year after the adoption of this ordinance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions must be requested in writing with justifiable cause
demonstrated. The Floodplain Administrator may, except otherwise provided herein,
extend the time for action by the applicant for a period not exceeding 180 days.
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DIVISION V
PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 38-52. GENERAL STANDARDS
In all areas of special flood hazards, the following provisions are required for all new
construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
2. All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage.
3. All new construction or substantial improvements shall be constructed with
materials resistant to flood damage.
4. All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters.
7. On-site waste disposal systems shall be designed or located to avoid impairment
to them or contamination from them during flooding.
(a) SUBSTANTIAL IMPROVEMENT
Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a
building or structure, if the cumulative cost of the entire project equals or exceeds 50
percent of the market value of the structure only (not of the structure and land value
combined) before the improvement or repair is started then the work shall be
considered as substantial improvement. If the structure has sustained substantial
damage, any repairs are considered substantial improvement s regardless of the actual
repair work performed. For Substantial Damage, See Sec. 38-52 (b) SUBSTANTIAL
DAMAGE. The term does not, however, include either:
1. Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are
the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude
the structure’s continued designation as a historic structure.
(b) SUBSTANTIAL DAMAGE
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its pre-damaged condition would equal or exceed 50
percent of the market value of the structure only before the damage occurred. This term
also applies to structures which have incurred any damage that equals or exceeds 50
21
percent of the structure’s market value regardless of the actual repair work performed.
When a structure or building has been determined as substantially damaged, any work
or repair on said structure or building will be considered as substantial improvement and
will be required to meet the development requirements set forth within this ordinance for
substantial improvement.
(c) SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE
DETERMINATIONS
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, and any other improvement of or work on such
buildings and structures, the Floodplain Administrator, in coordination with the
applicable city officials and staff, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure only, not of land and building, before the start of construction of the
proposed work. In the case of repair, the market value of the building or structure
shall be the market value before the damage occurred and before any repairs are
made.
2. Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure.
3. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; the determination requires
evaluation of previous permits issued for improvements and repairs as specified
in Sec. 38-52 (a).) SUBSTANTIAL IMPROVEMENT.
4. Utilize FEMA’s Substantial Improvement/Substantial Damage Desk Reference
when making any determination on Substantial Improvemen t and/or Substantial
Damage.
5. The substantial improvement regulations apply to all of the work that is proposed
as the improvement, even if multiple permits are issued. Therefore, the
determination of the cost of the improvement should consider all costs of all
phases of the work before issuance of the first permit.
6. Notify the applicant that if it is determined that the work constitutes substantial
improvement or repair of substantial damage, that compliance with the floodplain
management ordinance is required.
Sec. 38-53 SPECIFIC STANDARDS
In all SFHAs the following provisions are required:
(a). RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential structure shall have
the lowest floor (including basement) elevated to the BFE, unless a freeboard option is
noted below. If a freeboard option is noted, new construction and substantial
improvement shall have the lowest floor (including basement) elevated to the freeboard
elevation. A registered professional engineer, architect, or land surveyor shall submit
22
certified elevations to the Floodplain Administrator that the standards of this ordinance
are satisfied.
In AO/AH Zones, new and substantially improved residential structures must have their
lowest floor (including basement) above the highest adjacent grade at least one foot
above the FIRM’s depth number (at least three feet if no depth number is specified). In
AO/AH Zones, adequate drainage paths around structures on slopes are required to
guide flood waters away from proposed structures.
(a).1. RESIDENTIAL CONSTRUCTION FREEBOARD
The City of Brookings has elected to adopt a freeboard option for new construction and
substantial improvement of any residential structure. The freeboard option requires that
lowest floor elevation to be built above the BFE by the height selected. The City of
Brookings has elected the following freeboard requirement:
1. Two feet of freeboard, meaning the lowest floor must be built two feet above the
BFE.
(b) NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any commercial, industrial, or other
nonresidential structure shall either have the lowest floor (including basement) elevated
to the base flood level, unless a freeboard option is noted below, or together with
attendant utility and sanitary facilities, be designed so that below the base flood level
the structure is watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall develop and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A record
of such certification that includes the specific elevation (in relation to mean sea level) to
which such structures are floodproofed shall be maintained by the Floodplain
Administrator. If the use or occupancy of the building changes in the future to
residential, then the dry floodproofing of the structure cannot be used when determining
compliance of the structure to the residential construction of this ordinance, See Sec.
35-53 (a) RESIDENTIAL CONSTRUCTION and Sec. 38-52 (a).1 RESIDENTIAL
CONSTRUCTION FREEBOARD. As such, the building will not be grandfathered into
compliance and will be required to be brought into compliance with the residential
construction requirements of this ordinance.
In AO/AH Zones, new and substantially improved non-residential structures must have
their lowest floor (including basement) above the highest adjacent grade at least one
foot above the FIRM’s depth number (at least three feet if no depth number is
specified). In AO/AH Zones, adequate drainage paths around structures on slopes are
required to guide flood waters away from proposed structures.
(b).2 NONRESIDENTIAL CONSTRUCTION FREEBOARD
The City of Brookings has elected to adopt a freeboard option for new construction and
the substantial improvement of any nonresidential structure. The freeboard option
23
requires that lowest floor elevation to be built above the BFE by the height selected. The
City of Brookings has elected a: Two feet of freeboard meaning the lowest floor must be
built Two feet above the BFE.
(c) ENCLOSURES
New construction and substantial improvements, with fully enclosed areas below the
lowest floor that are to be used solely for parking of vehicles, building access, or storage
in an area other than a basement, and are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or must meet or exceed the following
minimum criteria:
1. A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one foot above grade.
3. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic e ntry and exit of floodwaters.
The development and construction of the structure must conform with the provision in
FEMA/Federal Insurance Administration (FIA)-Technical Bulletins 1 and 2. Certification
and documentation from a professional, licensed engine er or architect is required if the
structure’s lowest floor is built below the BFE.
(d) CRAWLSPACE
New construction and substantial improvements built on a crawlspace or sub-grade
(below grade) crawlspace may be permitted if the development is designed and meets
or exceeds the standards found in FEMA’s Technical Bulletins 1, 2, and 11, which
include but are not limited to the following:
1. The structure must be affixed to a permanent foundation, designed and
adequately anchored to resist flotation, collapse, and lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy. Because of hydrodynamic loads, crawlspace construction is not
allowed in areas with flood velocities greater than five feet per second unless the
design is reviewed by a qualified design professional, such as a registered
architect or professional engineer.
2. The crawlspace is an enclosed area below the BFE and, as such, must have
openings that equalize hydrostatic pressures by allowing the automatic entry and
exit of floodwaters. The bottom of each flood vent opening ca n be no more than
one foot above the LAG.
3. The crawlspace enclosure must have proper openings that allow equalization of
hydrostatic pressure by allowing automatic entry and exit of floodwaters. To
achieve this, a minimum of one square inch of flood opening is required per one
square foot of the enclosed area subject to flooding.
4. Portions of the building below the BFE must be constructed with materials
resistant to flood damage. This includes not only the foundation walls of the
crawlspace used to elevate the building, but also any joists, insulation, piers, or
other materials that extend below the BFE. Ductwork, in particular, must either be
placed above the BFE or sealed from floodwaters.
24
5. Any building utility systems within the crawlspace must be elevated above the
BFE or designed so that floodwaters cannot enter or accumulate within the
system components during flood conditions.
6. The interior grade of a crawlspace below the BFE must not be more than two feet
below the LAG.
7. The height of the below-grade crawlspace, measured from the lowest interior
grade of the crawlspace floor to the bottom of the floor joist of the next higher
floor cannot exceed four feet at any point.
8. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawlspace. The enclosed area should be drained within a
reasonable time after a flood event.
9. Buildings with below-grade crawlspaces will have higher flood insurance
premiums than buildings that have the preferred crawlspace construction, with
the interior elevation at or above the LAG.
(e) MANUFACTURED HOMES
1. Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices that
minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
2. Require that manufactured homes that are placed or substantially improved
within Zones A1-30, AH, and AE on the community's FIRM on sites outside of a
manufactured home park or subdivision; in a new manufactured home park or
subdivision; in an expansion to an existing manufactured home park or
subdivision; or in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as a result of a flood, be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated at least two feet above the BFE, and be securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
3. In A-1-30, AH, AO and AE Zones, require that manufactured homes to be placed
or substantially improved in an existing manufactured home park to be elevated
so that the lowest floor is at least as high as the BFE; or the chassis is supported
by reinforced piers no less than 36 inches in height above grade and securely
anchored.
(f) RECREATIONAL VEHICLES
Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on
the community's FIRM either:
1. Be on the site for fewer than 180 consecutive days and be fully licensed and
ready for highway use;
a. A recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
25
2. Or meet the permit requirements of Sec. 38-49, PERMIT PROCEDURES, and
the elevation and anchoring requirements for "manufactured homes" of this
section.
(g) COMPENSATORY STORAGE
Unless otherwise provided in this ordinance, development in the floodplain shall result in
no net loss of natural floodplain storage, and compensatory storage equal to the volume
of floodplain storage displaced shall be provided for all development above t he base
flood level in the floodplain.
1. Compensatory storage requirements
a. All required compensatory storage shall be located at a hydraulically
connected site within the same drainage basin as demonstrated by the
applicant on a plan prepared by an engineer licensed in the State of South
Dakota. Compensatory storage shall be provided on the property that is
being altered or on a parcel of common ownership that is part of a larger
plan of development.
b. For developments that are required to have stormwater detention facilities,
the storage volume required to meet the city's stormwater management
regulations for the 100-year flood event is not counted for purposes of
satisfying the compensatory storage requirement.
2. Exemptions. The following development projects are not required to meet the
compensatory storage requirement unless specifically required by the
floodplain administrator after review of the initial floodplain development
permit application:
a. Platted and constructed single family residences existing prior to the
adoption of this ordinance.
b. Minor projects clearly having negligible impact, such as street/parking lot
resurfacing/rehabilitation, minor improvements to residential structures,
certain utility infrastructure and appurtenances (e.g. hydrants, poles,
manholes, underground pipes), bridge/culvert rehabilitation projects,
landscaping, property maintenance, stream rehabilitation, restoration of
natural floodplain functions, and minor water quality features which
typically pose no increased fill or flood potential and which do not inhibit
the free flow of water.
c. Flood protection of buildings for floodplain volume displaced by building
footprints that existed prior to the adoption of this ordinance and which is
within ten feet of said building.
Sec. 38-54. STANDARDS FOR SUBDIVISION PROPOSALS
1. All subdivision proposals, including the placement of manufactured home parks,
and subdivisions shall be consistent with the provisions of this ordinance.
2. All subdivision proposals, including the placement of manufactured home parks,
and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
26
3. All proposals for the development of subdivisions, including the placement of
manufactured home parks, and subdivisions shall meet Development Permit
requirements of this ordinance.
4. BFE data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and
subdivisions, which is greater than 50 lots or 5 acres, or whichever is lesser.
5. All subdivision proposals including the placement of manufactured home parks
and subdivisions shall minimize flood damage.
6. All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate
flood damage.
Sec. 38-55. FLOODWAYS
Floodways located within SFHAs are extremely hazardous areas due to the velocity of
flood waters that carry debris, potential projectiles, and erosion potential, the following
provisions shall apply:
1. Designate a regulatory floodway that will not increase the base flood level more
than one foot.
2. Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase greater than 0.00 feet in flood
levels within the community during the occurrence of the base flood discharge.
3. All new construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article V in this ordinance.
4. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP
Regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in BFEs, provided that the
community first applies for a conditional LOMR and floodway revision through
FEMA.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: March 11, 2025
SECOND READING: March 25, 2025
PUBLISHED: March 28, 2025
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
27
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 25-010
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold
a public hearing at 6:00 p.m., CST, Tuesday, March 25, 2025, 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 25-010, an Ordinance amending Chapter 38 – Floods,
of the Code of Ordinances of the City of Brookings, and pertaining to the Flood Prevention and
Regulations. At which time and place all persons interested will be given a full, fair and
complete hearing thereon. Dated in Brookings, South Dakota, this 14th day of March, 2025.
CITY OF BROOKINGS, SD
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 #:RES 25-027,Version:1
Public Hearing and Action on Resolution 25-027, a Resolution to Annex the West Half of the
Northeast Quarter, Excluding Platted Areas in Section 20, Township 110 North, Range 49 West and
Excluding Land North of US Highway 14 in Brookings County, South Dakota.
Summary and Recommended Action:
NE Hansen, LLC, has submitted a petition for annexation of the West Half of the Northeast Quarter,
Excluding Platted Areas in Section 20, Township 110 North, Range 49 West and Excluding Land
North of US Highway 14 in Brookings County, South Dakota. The Development Review Team
recommends approval. The Planning Commission voted 8-0 to recommend approval.
Attachments:
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition for Annexation
Location Map
Annexation Priority Map
City of Brookings Printed on 3/20/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
City Council Meeting: March 25, 2025
Subject: Resolution 25-027: Annex the West Half of the NE ¼,
Excluding Platted Areas in Section 20, Township 110, Range
49 and Excluding Land North of US Highway 14 in Brookings
County, South Dakota
Presenter: Mike Struck, Community Development Director
Summary and Recommended Action:
NE Hansen, LLC, has submitted a petition for annexation of the West Half of the
Northeast Quarter in Section 20 excluding platted areas and land north of US Highway
14. The property is known as 1501 US Highway 14 Bypass, and is generally located
southeast of the intersection of 34th Avenue and US Highway 14. The Planning
Commission vote 8-0 recommending approval of the annexation. The Development
Review Team is supportive of the request.
Item Details:
South Dakota Codified Law 9-4 describes the annexation process. The governing body
of a municipality, upon receipt of a written petition describing the boundaries of any
territory contiguous to that municipality sought to be annexed to that municipality, may
by resolution include such territory or any part thereof within such municipality if the
petition is signed by not less than three-fourths of the registered voters and by the
owners of not less than three-fourths of the value of the territory sough to be annexed to
the municipality.
The land sought to be annexed is located along the eastern edge of the current City
limits and is contiguous to City limits along the western and southern sides of the
property. The area is located in a phase one annexation priority area, indicating that it
is most imminently ready for annexation and annexation would be recommended before
any development is proposed. The property is owned entirely by NE Hansen, LLC.
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:
Resolution
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Petition for Annexation
Location Map
Annexation Priority Area
Prepared by:
City of Brookings
Community Development Department
520 3rd St., Suite 140
Brookings, SD 57006
RESOLUTION 25-027
RESOLUTION TO ANNEX THE WEST HALF OF THE NORTHEAST
QUARTER, EXCLUDING PLATTED AREAS IN SECTION 20, TOWNSHIP 110
NORTH, RANGE 49 WEST AND EXCLUDING LAND NORTH OF US
HIGHWAY 14 IN BROOKINGS COUNTY, SOUTH DAKOTA
WHEREAS, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-
4-1 to annex contiguous territory upon receipt of a written petition, describing said territory
sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by
the owner or owners of not less than three-fourths (3/4) of the value of said territory; and
WHEREAS, the City of Brookings has received a Petition for Annexation on the following
described property, to wit: The West Half of the Northeast Quarter, Excluding Platted
Areas in Section 20, Township 110 North, Range 49 West and Excluding Land North of
US Highway 14 in Brookings County, South Dakota; and
WHEREAS, the aforementioned land is contiguous to the present boundaries of the City of
Brookings; and
WHEREAS, the City of Brookings has received a Petition for Annexation of Territory
signed by the owners of greater than three-fourths (3/4) of the value of the aforementioned
property and greater than three-fourths (3/4) of the legal voters residing in said territory;
and
WHEREAS, the Brookings County Board of County Commissioners reviewed the
petition during their regular meeting on March 18, 2025 pursuant to South Dakota
Codified Law 9-4-5 and has approved, by Resolution 25-19, that this property, as
described, be annexed into the City of Brookings.
NOW, THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota, that the
property described above is hereby annexed to the City of Brookings.
Passed and Approved this 25th day of March, 2025.
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 A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That NE Hansen LLC has submitted a petition for
annexation of the following described real estate situated in Brookings County, South
Dakota, to wit:
The West Half of the Northwest Quarter, Excluding Platted Areas in Section
Twenty, Township One Hundred Ten North, Range Forty-Nine West, Brookings County,
South Dakota, Excluding Land North of U.S. Highway 14 Bypass.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, March 25, 2025, 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 12th day of March, 2025.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING UPON A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That NE Hansen LLC has submitted a petition for
annexation of the following described real estate situated in Brookings County, South
Dakota, to wit:
The West Half of the Northwest Quarter, Excluding Platted Areas in Section
Twenty, Township One Hundred Ten North, Range Forty-Nine West, Brookings County,
South Dakota, Excluding Land North of U.S. Highway 14 Bypass.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, March 4, 2025, 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 to
made to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 19th day of February, 2025.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
March 4, 2025
OFFICIAL MINUTES
Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, March 4,
2025, 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, Billie Jo Hinrichs, Kyle Jamison, Scot
Leddy, Jacob Limmer, Nick Schmeichel, Roger Solum and Debra Spear. Also present were
Community Development Director Michael Struck and City Planner Ryan Miller. Also present were
Jason Harms, Sandra Callies and Matthew Weiss.
Item #4a – NE Hansen LLC applied to annex the W ½ of NE ¼, Excluding Platted Areas in 20-110-49
in Brookings County, South Dakota, Excluding Land North of US Hwy 14.
(Schmeichel/Hinrichs) Motion to approve Annexation. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a – NE Hansen LLC applied to annex the W ½ of the NE ¼, Excluding Platted Areas in
Section 20, Township 110, Range 49 in Brookings County, South Dakota, Excluding Land North of
US Hwy 14. Also known as 1501 US Hwy 14.
Harms, member of NE Hansen, was available for inquiries. Schmeichel asked if the overall plan was to
rezone the property. Harms stated that they plan to rezone and slowly develop the property. Miller
expanded that the Future Land Use Map was previously amended to allow for the rezone.
Location Map
BrookingsCityLimits
Parcels
Brookings County Roads
28092E200112N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
27986E200112N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
27986E163152N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
27669E189552N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
2/20/2025
0 0.2 0.40.1 mi
0 0.35 0.70.17 km
1:18,091
Annexation Priority Area
BrookingsCityLimits
Parcels
Annexation Priorities
1
2
3
Brookings County Roads
28092E200112N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
27986E200112N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
27986E163152N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
27669E189552N.sid
Red: Band_1
Green: Band_2
Blue: Band_3
2/20/2025
0 0.2 0.40.1 mi
0 0.35 0.70.17 km
1:18,091
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 25-0140,Version:1
City of Brookings Progress Report.
Summary:
Samantha Beckman, Assistant to the City Manager, will provide a progress report highlighting the
City’s activities/projects.
Attachments:
Presentation
City of Brookings Printed on 3/20/2025Page 1 of 1
powered by Legistar™
Progress ReportMarch 2025
General
•Application for City Council Vacancy
•www.cityofbrookings-sd.gov/citycouncil
•Due April 4th by 5pm
•Election Day –April 8th
•Early/Absentee Voting beings March 24th
•“I Voted” Sticker Design Contest
•Downtown Incentive Programs
•Dashboards Updated
•Brookings Insight
•Community Economic
Development Master Plan
Public Works
Engineering Division
2025 Projects
•Slurry Seal Project
•Street Overlay Project
•Numerous streets to be resurfaced including:
•17th Ave from 8th St S -20th St S
•7th Ave from 5th St S -8th St S
•1st , 2nd, and 3rd Ave in the NE section of town
•Sidewalk Maintenance
•Ramp & Signal Improvements
•Main Ave and 12th St S
•Intersection Improvements
•22nd Ave and 20th St S (widening east side corners)
•Drainage projects
•Arrowhead Park Valley Gutter
•Six-Mile Creek Maintenance
Public Works
Engineering Division (cont.)
2025 Projects
•Shared-Use Paths
•20th St S from Main Ave -Medary Ave
•12th St S from 17th Ave -22nd Ave
•Master Transportation Plan
•Open house held on February 19th
•Brookings Regional Airport
•Parallel Taxiway Project
•Target: Fall 2025
Public Works
Solid Waste Division
•2025 Projects
•E-Waste Recycling Program
•Solid Waste Master Plan (Implementation)
▪Leachate Force Main Project
▪Equipment Storage Building
▪Residential Drop Off Area
•Route Optimization Study
•2025 Purchases
•Landfill Dozer
•Alternative Daily Cover Applicator
Public Works
Street Division
•2025 Projects
•Fleet Management Software Transition
•Expand Road Weather Information System
•Implement Skills Matrix
•2025 Purchases
•Tandem Truck with plow and spreader
•Motor grader with wing and roller
Police
•National School Resource Officer Appreciation Day
•Officer Graduations
•Community Policing
•Dacotah Bank Center Events
•Girl Scout Troop Tour
•Grace Point Church Speaking Event
•Coffee with a Cop
Graduates
Officers Devon Isler, Erik Adrian, and Maggie Schliepsiek
Parks, Recreation
& Forestry
•Request for Proposals
•Ash Tree Removal
•Facilities
•Parks Maintenance Shop –New Roof
•Larson Ice Center –Lighting
•Sexauer Campground –Open
•Golf Course -Open
•Fields –Summer Prep
Library &
Dacotah Bank Center
Library
•Craft Swap
DBC
•Host 15 Event Days
•Hairball Concert
•Nail the Runway
•Building Improvements
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 25-0142,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; and SDCL 1-25-2.5, for the purpose of 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.
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
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File #:ID 25-0142,Version:1
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
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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