HomeMy WebLinkAbout2021_05_18 CC PKTCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers5:30 PMTuesday, May 18, 2021
Study Session
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.ID 21-0255 Update on the Parks Master Plan.
Memo
Parks Master Plan Update
Attachments:
5.ID 21-0259 Discussion on Medical Marijuana
Memo
Ordinance - Medical Cannabis Dispensaries
Ordinance - Medical Cannabis Facilities
Table of Contents - Medical Cannabis Dispensaries
Attachments:
6.ID 21-0243 Discussion with applicants for the vacant City Council member position.
Page 1 City of Brookings
May 18, 2021City Council Meeting Agenda - Final
Memo
Process and Timeline
Press Release
Application
Code of Ethics - Council Member
Brookings City Charter
Resolution 90-10: City Council Policy - City Council Vacancy
Attachments:
7. Open Forum
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
8. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
9. Executive Session
9.A.ID 21-0260 Executive Session, pursuant to SDCL 1-25-2.1 for purposes of 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; and SDCL
1-25-2.3 for consulting with legal counsel or reviewing communications
from legal counsel about proposed or pending litigation or contractual
matters.
Action: Motion to Enter into Executive Session, Voice Vote
Action: Motion to Exit Executive Session, Voice Vote
10. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Joey Collins, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605)
692-6281 at least three working days prior to the meeting.
Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx
), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the
City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you.
Page 2 City of Brookings
May 18, 2021City Council Meeting Agenda - Final
Page 3 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0255,Version:1
Update on the Parks Master Plan.
Summary:
Pros Consulting,Inc.,will present a summary of key findings of the public engagement,level of
service, and park assessment portions of the Parks Master Plan work.
Attachments:
Memo
Presentation document
City of Brookings Printed on 5/13/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo .
From: Dusty Rodiek, Parks, Recreation & Forestry Director
Council Meeting: May 18, 2021
Subject: Parks Master Plan update
Person(s) Responsible: Dusty Rodiek
Summary:
Pros Consulting, Inc., will present a summary of key findings of the public engagement,
level of service, and park assessment portions of the Parks Master Plan work. This is
one of many steps within the process. Completion of the plan is expected later summer
2021 with a presentation to the Park Board and City Council.
Background:
In August of 2020 Pros Consulting, Inc., was selected to conduct a Parks and
Recreation Master Plan for the City of Brookings. This process includes developing a
comprehensive inventory, an analysis of forecasted needs, and implementation
strategies. Specific items to include in the study, are:
Needs Assessment
Assets Inventory and Level of Services Analysis
Management and Operations Analysis
Services Assessment
Cost Recovery Policy
Programming Plan
Partnership Policy
Maintenance Standards Plan
To achieve these objectives, the consultant collected and analyzed data to develop a
clear set of goals for the City’s park system, open space, recreation facilities, and
program development for the next ten (10) years.
Item Details:
The primary mechanism of data collection for the Master Plan has been public
engagement. This has been accomplished through focus groups, stakeholder
interviews, and conducting both statistically valid and general public surveys. The
participation from the Brookings community in this process was better than anticipated.
The presentation will detail information related to community demographics, local
recreational trends, an explanation of the community engagement process , and its
emerging trends. An explanation of the park assessment process and level of service
components will also be provided by the consultants.
Legal Consideration:
None
Strategic Plan Consideration:
This item is included in the Safe, Inclusive and Connected Community heading of the
Strategic Plan.
Financial Consideration:
None
Supporting Documentation:
Memo
Presentation document
•Parks and Recreation Master Plan Process
•Demographics & Recreation Trends
•Community Engagement
•Community Survey
•GIS Mapping
•Next Steps
•Open Discussion
Agenda
The Parks & Recreation Master Plan Process
Where Are We Today?
Site and facility review
Benchmark analysis
Recreation/ sports programs and
services assessments
Levels of services standards
GIS mapping
Where Are We Going Tomorrow?
Community engagement needs
analysis
Statistically-valid survey
Demographics & recreation trends
analysis review
Staffing and maintenance review
How Do We Get There?
Needs prioritization
Capital development planning
Financial planning
Funding and revenue planning
Strategic action plan implementation
= Completed
Demographic &
Recreation Trends
Total Population / Avg. Annual Growth
21,880
24,337 25,511 26,740 27,952
1.12%
0.96%0.96%0.91%
0.00%
0.50%
1.00%
1.50%
2.00%
0
5,000
10,000
15,000
20,000
25,000
30,000
2010 2020 2025 2030 2035
Total Population / Avg Annual Growth
Brookings Population Average Annual Growth (%)
Local Trends
215 205 190 169 163
135
123 120 103
0
50
100
150
200
250
Tennis Soccer Ice
Skating
Basketball Football Volleyball Baseball Golf SoftballMPI ScoresGeneral Sports MPI
Brookings National Average
Local Trends
175
133 128 127
98 95 91 85
0
20
40
60
80
100
120
140
160
180
200
Pilates Jogging/
Running
Weight
Lifting
Swimming Aerobics Zumba Walking
for
Exercise
YogaMPI ScoresFitness MPI
Brookings National Average
Local Trends
162
138 133 129 127 121
89
0
20
40
60
80
100
120
140
160
180
Backpacking Hiking Bicycling
(road)
Fishing
(fresh water)
Canoeing/
Kayaking
Bicycling
(mountain)
Horseback
RidingMPI ScoresOutdoor Activity MPI
Brookings National Average
Community Engagement
60 Participants
over
•Conducted 6
Community Focus
Groups
•16 Stakeholder
Interviews
•Staff SWOT Analysis
•City Council Members
•Brookings Lacrosse
•City of Brookings Mayor
•Brookings Ice Skating
Association
•Parks Board Members
•Brookings Figure Skating
•City Manager and Asst. City
Manager
•Great After School Place (G.A.P.)
•South Dakota State University
•Brookings Community Band
•Mountain Bike Group
•Brookings Arts Council
•Adult Softball
•Brookings Co Youth Mentoring
•Adult Baseball
•Brookings Youth Volleyball
•Brookings Tennis Association
•Arts Festival Committee
•Brookings Basketball Association
•Disability Committee
•Brookings Fellowship of
Christian Athletes
•Sustainability Committee
•Brookings School District
•Bike Committee
•Brookings Futbol Club
•Visit Brookings
•Friends of Baseball
•Downtown Brookings
•Brookings Aquatics Club
•Brookings Fastpitch
Emerging Themes
•Trails, trails, trails … community loves its trails and wants more of them, as well as completion of the Bike Trail.
•Community appreciates the variety of park experiences the City provides and contribution to Brookings’ quality-of-life.
•Take -care of what we already own.
•Need for additional indoor recreation and aquatics.
•Activate the parks through more programming.
•Year -round indoor programming.
•Need for additional funding for capital replacements.
•Value the many partnerships with SDSU, the School District, and Sports Groups.
Statistically-Valid Survey
•Goal was 375, received 432 responses
•Mailed to 2,800 households
•Precision of +/-4.6% at the 95% level of confidence
•Residents were able to return the survey by mail, by phone or completing it online
Online Survey
•565 responses (More than Expected)
•Available for one month
•Emulated the Statistically-Valid Survey
•Provides further insight on community expectations997 Total Survey
Participants
Community Survey
Methodology
•Only scientific and defensible method to
understand community needs
•Administered by mail/phone/web
•Developed in partnership with the City
•Methodology allows high return rate
(Distribution of 2,800 surveys)
•Total of 432 completed surveys, 95%
level of confidence with a margin of
error of +/-4.6%
•Demographically and geographically
balanced
•Input from users and non users of the
parks and recreation system
Park Assessments
PARKS AND RECREATION MASTER PLAN | BROOKINGS, SD
PARK AND FACILITY ASSESSMENTS
•Document Current Size, Use
and Special Maintenance
•Inventory Amenities and
Document General Conditions
•Identify Notable Strengths and
Opportunities
Use to compare withCommunity Input and Level of Service Standard.
(Draft Complete)
PARKS AND RECREATION MASTER PLAN | BROOKINGS, SD
CAPITAL IMPROVEMENT PLAN
Proposed Three-tier Plan for Improvements:
1.Critical Alternatives
2.Sustainable Alternatives
3.Visionary Alternatives
(Upcoming Action Item)
Prioritized spending within existing budget targets; focused on
deferred maintenance and lifecycle replacement of assets and
amenities within the existing parks system.
Extra services or capital improvement that should be undertaken when additional funding is
available. This includes strategically enhancing and renovating existing parks and facilities to
better meet the park and recreational needs of residents that would require additional
operational or capital funding.
Represents the complete set of services and facilities desired by the community. It is fiscally
unconstrained but can help provide policy guidance by illustrating the ultimate goals and by
providing a long-range look to address future needs and deficiencies. Funding for visionary
projects would be derived from partnerships, private investments and new tax dollars.
Utilize local historical cost infoto developestimates of probable cost.
Level of Service &
Mapping
Amenities Brookings
Inventory
School
Inventory
Other
Inventory
Total
Inventory
Meet Standard/
Need Exists
Meet Standard/
Need Exists
PARK TYPE:
Mini/Pocket Parks 12.70 2.00 14.70 0.60 acres per 1,000 0.50 acres per 1,000 Meets Standard - Acre(s)Meets Standard - Acre(s)
Neighborhood Parks 31.90 31.90 1.31 acres per 1,000 1.40 acres per 1,000 Need Exists 2 Acre(s)Need Exists 4 Acre(s)
Community Parks 89.80 89.80 3.69 acres per 1,000 3.75 acres per 1,000 Need Exists 1 Acre(s)Need Exists 6 Acre(s)
Special Use Parks 451.25 30.00 481.25 19.77 acres per 1,000 19.25 acres per 1,000 Meets Standard - Acre(s)Need Exists 10 Acre(s)
School Parks 9.90 9.90 0.41 acres per 1,000 0.40 acres per 1,000 Meets Standard - Acre(s)Need Exists 0 Acre(s)
Total Developed Park Acres 585.65 9.90 32.00 627.55 25.79 acres per 1,000 25.30 acres per 1,000 Meets Standard - Acre(s)Need Exists 18 Acre(s)
Undeveloped (Open Spaces)51.90 51.90 2.13 acres per 1,000 acres per 1,000 Meets Standard - Acre(s)Meets Standard - Acre(s)
Total Park Acres 637.55 9.90 32.00 679.45 27.92 acres per 1,000 25.30 acres per 1,000 Meets Standard - Acre(s)Meets Standard - Acre(s)
TRAILS:
Paved Park Trails 14.14 14.14 0.58 miles per 1,000 0.80 miles per 1,000 Need Exists 5.33 Mile(s)Need Exists 6.27 Mile(s)
Natural Park Trails 6.70 6.70 0.28 miles per 1,000 0.40 miles per 1,000 Need Exists 3.03 Mile(s)Need Exists 3.50 Mile(s)
Total Park Trail Miles 20.84 20.84 0.86 miles per 1,000 1.20 miles per 1,000 Need Exists 8.36 Mile(s)Need Exists 9.77 Mile(s)
On Street Bicycle Trail Miles 8.00 8.00 0.31 miles per 1,000 miles per 1,000 Meets Standard - Mile(s)Meets Standard - Mile(s)
OUTDOOR AMENITIES:
Small Shelters 8.00 - 8.00 1.00 site per 3,042 1.00 site per 5,000 Meets Standard - Sites(s)Meets Standard - Sites(s)
Large Shelters 8.00 - 8.00 1.00 site per 3,042 1.00 site per 5,000 Meets Standard - Sites(s)Meets Standard - Sites(s)
Youth Baseball Fields 9.00 0.99 9.99 1.00 field per 2,436 1.00 field per 5,000 Meets Standard - Field(s)Meets Standard - Field(s)
Adult Baseball Fields 1.00 0.33 1.33 1.00 field per 18,298 1.00 field per 20,000 Meets Standard - Field(s)Meets Standard - Field(s)
Softball Fields 6.00 - 6.00 1.00 field per 4,056 1.00 field per 5,000 Meets Standard - Field(s)Meets Standard - Field(s)
Rectangular Multi-Purpose Fields 20.00 0.66 20.66 1.00 field per 1,178 1.00 field per 4,000 Meets Standard - Field(s)Meets Standard - Field(s)
Basketball Courts 10.00 0.66 10.66 1.00 court per 2,283 1.00 court per 2,500 Meets Standard - Court(s)Meets Standard - Court(s)
Tennis / Pickleball Courts 12.00 - 12.00 1.00 court per 2,028 1.00 court per 2,500 Meets Standard - Court(s)Meets Standard - Court(s)
Playgrounds 14.00 0.33 1.00 15.33 1.00 site per 1,588 1.00 site per 2,500 Meets Standard - Site(s)Meets Standard - Site(s)
Sand Volleyball Courts 7.00 0.33 7.33 1.00 court per 3,320 1.00 court per 5,000 Meets Standard - Court(s)Meets Standard - Court(s)
Dog Parks 1.00 1.00 1.00 site per 24,337 1.00 site per 30,000 Meets Standard - Site(s)Meets Standard - Site(s)
Skateparks 7.00 - 7.00 1.00 site per 3,477 1.00 site per 40,000 Meets Standard - Site(s)Meets Standard - Site(s)
Splashpads - 1.00 site per - 1.00 site per 20,000 Need Exists 1 Site(s)Need Exists 1 Site(s)
Outdoor Pools 1.00 - 1.00 1.00 site per 24,337 1.00 site per 40,000 Meets Standard - Site(s)Meets Standard - Site(s)
INDOOR AMENITIES:
Indoor Recreation Space (Square Feet)18,000.00 11,000.00 29,000.00 1.19 SF per person 2.00 SF per person Need Exists 19,674 Square Feet Need Exists 22,022 Square Feet
Indoor Special Use Space (Square Feet)72,450.00 72,450.00 2.98 SF per person 2.75 SF per person Meets Standard - Square Feet Meets Standard - Square Feet
Indoor Aquatic Space (Square Feet) - - - SF per person 0.50 SF per person Need Exists 12,169 Square Feet Need Exists 12,756 Square Feet
24,337
25,511
Notes
School inventory has been reduced to a third of the total amount due to the lack of accessibility to the general public.
Other Inventory include parks owned by the State of South Dakota, South Dakota Game, Fish and Parks, Boy's and Girl's Club, and the Children's Museum of South Dakota.
On Street Bicycle Trail Miles, which includes 6 miles of streets with shared lane markings and 2 miles of streets with standard bike lanes, are not included in Total Park Trail Miles.
Current Estimated Population
5-Year Projected Population
2020 Inventory - Developed Facilities Current
Facility Standards
Five Year Projected
Facility Standards
Current Service Level based
upon population
Recommended Service Levels;
Revised for Local Service Area
Additional Facilities/
Amenities Needed
Additional Facilities/
Amenities Needed
GIS Mapping:
Park Location
GIS Mapping: All
Parks
Next Steps
(Two Months)
•Staffing and Operations Review
•Priority Rankings
•CIP
•Funding Strategies
•Action Plan
Open Discussion: Any Questions?
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0259,Version:1
Discussion on Medical Marijuana
Summary:
South Dakota Initiated Measure (IM) 26, Medical Marijuana Initiative was on the November 2020
ballot and approved by the voters of South Dakota. IM 26 allows a local government to regulate
medical cannabis establishments through zoning and licensing. Staff will present information,
considerations, and draft ordinances related to the implementation of medicinal marijuana in
Brookings.
Attachments:
Memo
Ordinance - Medical Cannabis Dispensaries
Ordinance - Medical Cannabis Facilities
Table of Contents - Medical Cannabis Dispensaries
City of Brookings Printed on 5/13/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jacob Meshke, Assistant City Manager
Council Meeting: May 18, 2021
Subject: Medicinal Marijuana Implementation
Person(s) Responsible: Paul M. Briseno, City Manager
Jacob Meshke, Assistant City Manager
Steve Britzman, City Attorney
Bonnie Foster, City Clerk
Mike Struck, Community Development Director
Summary:
South Dakota Initiated Measure (IM) 26, Medical Marijuana Initiative was on the
November 2020 ballot and approved by the voters of South Dakota. IM allows a local
government to regulate medical cannabis establishments through zoning and licensing.
Staff will present information, considerations, and draft ordinances related to the
implementation of medicinal marijuana in Brookings.
Background:
South Dakota Initiated Measure (IM) 26, Medical Marijuana Initiative was on the
November 2020 ballot and approved by the voters of South Dakota.
IM allows a local government to regulate medical cannabis establishments through
zoning and licensing. The “Medical Cannabis Establishment” definition includes four (4)
different uses:
A cultivation facility
A cannabis testing facility
A cannabis product manufacturing facility
A dispensary
Local governments may require a medical cannabis establishment to obtain a local
license, permit, or registration to operate and charge a reasonable fee for the same.
A local government may also regulate the time, place, manner, and number of medical
cannabis establishments. However, a local government may not prohibit a dispensary in
the jurisdiction.
Item Details:
Staff will present information, considerations, and draft ordinances related to the
implementation of medicinal marijuana in Brookings.
Legal Consideration:
City Attorney Steve Britzman was involved with the presentation and drafting of
materials.
Strategic Plan Consideration:
Fiscal Responsibility
Safe, Inclusive, and Connected Community
Service and Innovation Excellence
Sustainability
Economic Growth
Financial Consideration:
None.
Options and Recommendation:
The presentation is provided for information purposes only.
Supporting Documentation:
Ordinance – Medical Cannabis Dispensaries
Ordinance – Medical Cannabis Facilities
Table of Contents – Medical Cannabis Dispensaries
ORDINANCE NO. ____________
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE LICENSING OF
MEDICAL CANNABIS DISPENSARIES IN THE CITY OF BROOKINGS, SOUTH
DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA, AS FOLLOWS:
I.
Sec. 1. Purpose. The purpose of this ordinance is to implement medical cannabis licensing
requirements in a manner consistent with SDCL Chapter 34-20G, to protect the health, safety
and welfare of the public and qualifying patients of the city by prescribing the manner in which
medical cannabis establishments can be conducted within the city. Further, the purpose of this
section is to:
a. Protect public health and safety through reasonable limitations on medical cannabis
dispensaries as they relate to neighborhood and patient safety, security for medical
cannabis dispensaries and their personnel, and other health and safety concerns.
b. Impose fees to cover the direct and indirect cost to the city of licensing and regulating
medical cannabis dispensaries.
Sec. 2. City determination of number of medical cannabis dispensary licenses and amount
of fees – Number restricted by population – Denial of reissuance.
a. The number of medical cannabis dispensary licenses issued pursuant to SDCL
Chapter 34-20G may not exceed _____________ for the first fifteen thousand of
population of Brookings and may not exceed one for each additional fifteen thousand
of population, or fraction thereof. The population includes only those residing within
the City of Brookings. If not previously set by a continuing resolution, the city
council shall determine the fees to be charged for each medical cannabis dispensary
license.
b. Medical Cannabis Registration Certificate. A Licensee must provide a copy of their
Certificate of Registration issued by the Department of Health.
c. Annually, the licensee shall provide the city with a Renewal Registration Certificate
from the Department of Health.
d. If the Department of Health suspends or revokes a medical cannabis dispensary
Registration Certificate, the medical cannabis dispensary shall be prohibited from
dispensing, transferring or selling cannabis while the Registration Certificate is
suspended or revoked.
Sec. 3. Definitions.
a. Advertise, advertising or advertisement means the act of drawing the public's
attention, whether through print, signs, telephonic, electronic, wireless or digital
means, to a medical cannabis dispensary in order to promote the sale of medical
cannabis by the dispensary.
b. Medical Cannabis Code shall mean SDCL Chapter 34-20G, as the same may be
hereafter amended, and any other rules or regulations promulgated thereunder.
c. License means to grant a license pursuant to City of Brookings Ordinance No.
____________.
d. Licensed premises means the premises specified in an application for a license
pursuant to this ordinance that is owned by or in possession of the licensee and within
which the licensee is authorized to distribute or sell Medical Cannabis in accordance
with the provisions of South Dakota Codified Law Chapter 34-20G.
e. Local licensing authority shall mean the City of Brookings.
Sec. 4. License required; general licensing conditions. It shall be unlawful for any person to
operate a medical cannabis dispensary without first having obtained a city license to operate
pursuant to the provisions of this ordinance, having a validly issued medical cannabis dispensary
Registration Certificate in good standing from the State, and having paid all applicable fees.
Sec. 5. License duration. All medical cannabis licenses issued by the city shall be valid for a
period of one year from the date such license is issued. Renewal applications shall be filed at
least 45 days prior to the expiration date of the existing license.
Sec. 6. Transfers and change of ownership interest. Licensees shall report each transfer or
change of ownership interest on forms provided by the City Clerk. An application for a change
of dispensary manager shall be submitted at least 30 days prior to any such change to provide
necessary time for processing of the application.
Sec. 7. License application and review process. An application for a medical cannabis
dispensary license shall be made on forms provided by the city clerk for such purposes.
a. The city shall not issue a medical cannabis license until all information required of
the applicant has been submitted:
(1) has submitted a complete application;
(2) has submitted a medical cannabis dispensary Registration Certificate;
(3) is prepared to operate the dispensary with the owners and managers as set
forth in the application, all in compliance with this ordinance and any other
applicable law, rule or regulation;
(4) has paid all fees; and
(5) is otherwise in compliance with all other provisions of this ordinance and any
other provision of the city ordinance and State law.
Sec. 8. Regulations regarding licensed locations.
a. It shall be unlawful to operate a medical cannabis dispensary outside of an enclosed
space, capable of being locked within a building. All medical cannabis dispensary
licenses shall be issued for specific fixed location within an enclosed building.
b. A medical cannabis dispensary may be allowed and licensed for operation in the
following zoning districts:
(1) Business B-3 heavy district;
(2) Business B-4 highway district;
(3) Business B-5 planned research and business district;
(4) Industrial I-1 light district; and
(5) Industrial I-2 heavy district.
c. No medical cannabis dispensary license shall be issued for a medical cannabis
dispensary at a location within 1,000 feet of any School; or within 250 feet of a
dedicated public park that contains children's playground equipment, or any other
facility identified in this ordinance or in State law that requires a distance separation
from a licensed medical cannabis dispensary.
d. It shall be unlawful for the owner of a building to lease space to or allow the use of
any portion of the building by a medical cannabis dispensary unless the tenant has a
valid medical cannabis dispensary license or has applied for and not been denied a
medical cannabis dispensary license. No cannabis shall be allowed on the leased
p remises until a medical cannabis dispensary license has been issued by the city. In
the event that the city has an articulable reason to believe that a medical cannabis
dispensary is being operated within a building, it shall be unlawful for the owner of
the building to refuse to allow the city access to the portion of the building in which
medical cannabis dispensary the suspected medical cannabis dispensary is located to
determine whether any cannabis is on the premises.
Sec. 9. Regulations related to operation of medical cannabis dispensaries.
a. The medical cannabis dispensary shall be operated and maintained in accordance
with the conditions stated in the Application.
b. All medical cannabis dispensaries shall be required to obtain a city license. The
medical cannabis dispensary license, and the sales tax license for the dispensar y shall
be conspicuously posted in the dispensary.
c. A medical cannabis dispensary shall limit their hours of operation to between 8:00
a.m. and 8:00 p.m. daily. Operations not open to the public. Operations incidental to
and commonly associated with the use and performed during the hours the use is
closed to the public, for example production or processing activities or the stocking of
inventory, may occur.
d. No medical cannabis or products containing medical cannabis shall be smoked, eaten
or otherwise consumed or ingested within the medical cannabis dispensary.
e. No person shall be allowed entry into the dispensary without showing a valid picture
identification.
f. Any and all possession, storage, display, sales or other distribution of medical
cannabis shall occur only within the restricted area of a medical cannabis dispensary
and shall not be visible from the exterior of the dispensary.
g. A medical cannabis dispensary shall be ventilated so that the odor of cannabis or
cannabis products cannot be detected by a person with a normal sense of smell at the
exterior of the medical cannabis dispensary or on any adjoining property.
h. The medical cannabis dispensary shall not maintain any quantity of cannabis within
the licensed premises in excess of the amount permitted by State law.
i. All sales of medical cannabis shall be made in person, directly to the purchaser,
within the restricted area of the medical cannabis dispensary. No sales shall be made
via telephone, internet or other means of remote purchase. Deliveries shall occur
only in person to the purchaser at the time of purchase within the restricted area of
the medical cannabis dispensary. No drive up windows or other similar delivery
process shall be allowed.
j. It shall be unlawful for any medical cannabis dispensary to employ any person who
is not at least 21 years of age.
Sec. 10. Signage and advertising.
a. Medical cannabis dispensaries shall apply for a sign permit through the Community
Development Department. All exterior signage associated with a medical cannabis
dispensary must meet the standards established in the city code. In addition, no
exterior signage shall use the word "marijuana," "cannabis" or any other word,
phrase or symbol commonly understood to refer to cannabis.
b. A medical cannabis dispensary may not advertise in a manner that is misleading,
deceptive, false, or is designed to appeal to minors.
c. Within each medical cannabis dispensary, there shall be posted in a conspicuous
location a legible sign containing the following warnings:
(1) A warning that the use of medical cannabis may impair a person's ability to
drive a motor vehicle or operate machinery, and that it is illegal under state
law to drive a motor vehicle or operate machinery when under the influence of
or impaired by cannabis;
(2) A warning that loitering in or around the medical cannabis dispensary is
prohibited by state law;
(3) A warning that possession and distribution of cannabis is a violation of
federal law;
(4) A warning that smoking of cannabis within a medical cannabis dispensary or
within 15 feet of such a dispensary is unlawful; and
(5) A warning that the smoking or consumption of cannabis in public is
prohibited by State law.
d. Except as otherwise provided in this section it shall be unlawful for any person
licensed under this article or any other person to advertise any medical cannabis
dispensary or any medical cannabis-infused product anywhere within the city where
the advertisement is in plain view of, or in, a place open to the general public,
including advertising utilizing any of the following media: any billboard or other
outdoor general advertising device as defined by the zoning code; any sign mounted
on a vehicle; any hand-held or other portable sign; or any handbill, leaflet or flier
directly handed to any person in a public place, left upon a motor vehicle, or
posted upon any public or private property. The prohibition set forth in this section
shall not apply to:
(1) Any sign located on the licensed premises of a medical cannabis dispensary
which exists solely for the purpose of identifying the location of the premises
and which otherwise complies with this Code and any other applicable city
laws and regulations; or
(2) Any advertisement contained within a newspaper, magazine or other
periodical of general circulation within the city or on the internet.
e. No medical cannabis dispensary shall distribute or allow the distribution of any
medical cannabis without charge within a medical cannabis dispensar y or at any other
place for purposes of promotion, advertising or any other purpose.
Sec. 11. Compliance with other applicable laws. Except as may be otherwise provided in this
ordinance, any law or regulation adopted by the state governing the cultivation, production,
possession, or distribution of medical cannabis use shall also apply to medical cannabis
dispensaries licensed within the city.
Sec. 12. Suspension or revocation of license; imposition of fines. The grounds for suspension
or revocation of a medical cannabis dispensary license and the procedures for such suspension or
revocation shall be as provided in state law. In addition thereto, a violation of any of the
provisions of this ordinance or any state law or regulation related to licensing or operation of a
medical cannabis dispensary shall be grounds for suspension or revocation of a medical cannabis
dispensary licensee, subject to notice and public
Sec. 13. Term of license; renewals; expiration of license.
a. Term of License. A medical cannabis dispensary license shall be valid for one year.
The license shall expire on the date stated on the license.
b. Renewal of License. The licensee shall apply for renewal of the medical cannabis
dispensary license at least 45 days prior to the expiration of the license. The licensee
shall apply for renewal using forms provided by the city. If the Applicant files for
renewal within 30 days of the expiration date, then the city may process the renewal
application if the Applicant submits a late filing fee of $500.00 at the time of
submittal of the renewal application.
(1) The renewal license fee, and late fee, if applicable, shall accompany the
renewal application. Such fees are nonrefundable.
(2) In the event there have been any changes to the plans submitted with the
initial license application approved by the city or as part of any prior renewal
application, the renewal application shall include specifics of the proposed
changes in any of such plans.
(3) In the event any person who has an interest as described in the initial
disclosures made to the city pursuant to this ordinance, or any dispensary
manager, financier, agent or employee, as defined herein, has been charged
with or accused of violations of any law since such disclosure, the renewal
application shall include the name of the violator, the date of the violation,
the court and case number where the violation was filed and the disposition
of such violation.
(4) In the event the medical cannabis dispensary license has been suspended or
revoked, or a licensee has received any notice of violation of any law, the
renewal application shall include a copy of the notice, suspension or
revocation.
(5) The renewal application shall include verification that the medical cannabis
dispensary has a valid state license and the state license is in good standing.
(6) The renewal application shall include a summary report for the previous
twelve months showing the amount of medical cannabis purchased; the
amount of medical cannabis sold, the forms in which medical cannabis was
sold; the police report numbers or case numbers of all police calls to the
medical cannabis dispensary; and for calls resulting in a charge of a violation
of any law, the charge, case number and disposition of any such charges. The
reports may be the same as those provided by the licensee to the state.
(7) The city shall not accept renewal applications submitted after the expiration
date of the license, but instead shall require the applicant to file a new license
application.
(8) In the event there have been allegations of violations of this code by any of
the licensees or the dispensary submitting a renewal application, the city may
hold a hearing prior to approving the renewal application. The hearing shall
be for purposes of determining whether the application, proposed licensees
and past operation of the dispensary have been in compliance with this
ordinance. If the application or the licensees do not meet the requirements of
this ordinance, or the dispensary has been operated in the past in violation of
this ordinance, the renewal application may be denied by the city, or issued
with conditions.
(9) Nonpayment of Tax. In the event a medical cannabis dispensary that has been
open and operating and submitting monthly sales and use tax returns to the
city for a period of three consecutive months or longer, the medical cannabis
dispensary license shall be deemed to have expired and a new license shall be
required prior to reopening at the location of the dispensary.
c. Expiration of License. Expiration of a medical cannabis dispensary license for any
reason, including, without limitation, pursuant to subsection (b)(9) above shall be
considered an inactive local license as described in this ordinance.
Sec. 14. Transfer of ownership; change of location; modification of premises.
a. An owner of a license to operate a medical cannabis dispensary may apply to the city
for a transfer of ownership under the provisions of this ordinance on forms provided
for that purpose by the city. The inquiry by the city into the request for a transfer of
ownership may include any item that may be reviewed for a new medical cannabis
dispensary license, provided that the location of the medical cannabis dispensary
shall not be subject to review so long as the location met all requirements of this
ordinance and any provisions of state law at the time the license was originally
issued and that location has remained in compliance with this ordinance and
provisions of state law subsequent to the issuance of said license.
b. An owner of a license to operate a medical cannabis dispensary may apply to the city
for a change in location of the licensed premises or a modification of the licensed
premises including amendments to conditions described on the application form as
required by Section 7 on forms provided for that purpose by the city. The inquiry by
the city into the request for a change of location or modification of the licensed
premises may include any item that may be reviewed for a new medical cannabis
dispensary license, provided that the qualifications of the licensees to hold a license
for a medical cannabis dispensary shall not be subject to review so long as the
licensees met all requirements of this ordinance and any provisions of state law at the
time the license was originally issued and have remained in compliance with this
ordinance and provisions of state law subsequent to the issuance of said license.
Sec. 15. Penalties. In addition to the possible denial, suspension, revocation or non-renewal of a
license or any other penalty provided for under the provisions of this ordinance or by state law,
any person, including but not limited to, any licensee, owner, manager or employee of a medical
cannabis dispensary or any customer of a such dispensary who violates any provisions of this
ordinance may be cited for such violation and shall be subject to the penalties provided in the
city code.
Sec. 16. Licensing official to issue license. The city clerk shall be the city’s licensing official
who shall supervise the licensing functions provided by this ordinance, and who shall have all
powers, duties and functions hereafter authorized.
As used in this ordinance, the term "licensing official" shall include the licensing official
and any of the licensing official's authorized representatives, agents or designees.
All licenses shall be issued by and through the licensing official and shall be signed by the
licensing official or in the licensing official's name by a duly authorized employee under the
licensing official's supervision and control and shall not be required to be signed by the mayor or
any other city officer, provided that all licenses for any purpose authorized or required by state
law to be issued by other city officers shall be signed by such other city officers but shall be
issued and countersigned by the licensing official. A consolidated license certificate shall be
issued to every grantee upon which the annual license or licenses issued shall be noted and the
official seal attached, except in those cases when decal is prescribed or the application is for a
permit or an identification card.
Sec. 17. Payment of taxes prerequisite to issuance of license. No license shall be issued or
maintained for operation on any premises, on which taxes, assessments or other financial claims
of the city are due, delinquent or unpaid. In the event an action has been commenced questioning
the amount or validity of taxes, the council may, on application by the licensee, waive strict
compliance with this provision; no waiver may be granted, however, for taxes or any portion
thereof, which remain unpaid for a period exceeding one (1) year after becoming due unless a
payment plan has been entered into or the liability is under litigation or appeal.
Sec. 18. License duration and application deadlines.
a. No license shall be issued for a longer period than one (1) year.
b. Unless otherwise provided in this Ordinance, all licenses shall expire annually, with
the date of the expiration of the licenses as specified in the ordinance specifically
regulating the licensed activity. If no date is specified in such ordinance, a license
shall expire on January first of each year.
c. When a license has already been issued, the deadline for application for a subsequent
year shall be thirty (30) days prior to the expiration date of the existing license,
unless: (1) another application deadline is specified in the ordinance specifically
regulating the licensed activity; or (2) another application deadline is otherwise
communicated in writing to the licensee by the licensing official. If the application
deadline is not met, there may be a delay in issuing or denying the subsequent license.
A person shall not operate a dispensary or conduct an activity that must be licensed
after the license has expired and a new license has not been issued.
d. When a license, if issued, would be issued for a period of less than or equal to the last
three (3) months of an annual license, the licensing official may, based on only one
(1) application, issue a license for the remainder of the annual licensing year and also
issue a license for one (1) consecutive annual licensing year.
Sec. 19. Applications for licenses; issuance of licenses.
a. All applications for licenses shall be made to the licensing official, and in all cases
where the issuance of a license is required to be authorized and directed by the city
council, the application for such license shall be forthwith presented by the licensing
official to the council for its consideration.
b. Staff approved licenses means those licenses which can be approved and issued by
the licensing official, subject to the procedures required by this ordinance.
c. In the event that the licensing official denies the license application for a staff
approved license, the application for the license shall be presented by the licensing
official to the city council for its consideration. The city council shall have the final
authority to issue or deny a license which had been denied by the licensing official.
Sec. 20. Register to be kept. The licensing official shall keep a register of each license, the
name of the person to whom the same is issued, and the date when issued, the number and date
of expiration of the same and the amount paid therefor, and such other data as may be required
by the appropriate chapter of this Ordinance.
Sec. 21. Applications.
a. All licensees shall apply for their licenses on an application form provided by the
licensing official.
b. The licensing official shall provide proper application forms for all licenses. These
forms may contain questions relating to location, building security, sanitary and fire
conditions, and any other questions that may be deemed necessary, or as required in
the appropriate section of this Ordinance. All such questions must be answered fully
and truthfully by the applicant. Where similar information is required, a single
application may be used for more than one (1) license.
Sec. 22. Police investigation required. In all cases, the location and character of the person or
persons applying for a license are material factors to be considered in determining whether or not
licenses shall be granted, and the police department shall check the applications and report the
results of its investigation to the council.
Sec. 23. Health investigation required. Whenever the question of the observance of regulations
of the department of health is a factor in determining whether or not a license shall be granted,
the city clerk or their designee shall investigate and report the facts to the city manager.
Sec. 24. Building investigation required. The building official shall investigate and report to
the city council as to whether or not all building regulations relative to the place in which the
applicant is located, or intends to locate, have been complied with.
Sec. 25. Zoning investigation required. The community development director shall investigate
and report to the city clerk as to whether or not all zoning regulations relative to the place in
which the applicant is located, or intends to locate, have been complied with.
Sec. 26. Fire prevention investigation required. The fire chief or their designee shall
investigate and report the facts to the city clerk as to whether the applicant has complied with all
the ordinances and regulations governing the storage of flammable products, including the
construction of the place or building in which such products is stored or offered for sale.
Sec. 27. Dispensary premise maintenance requirements. All dispensaries, licensed under this
ordinance are required to maintain their medical cannabis dispensary and premises within the
following minimum requirements:
a. Every dispensary licensee shall inspect their premises from lot line to lot line, all
adjacent streets, sidewalks and alleys adjoining their premise, and sidewalks and
alleys within one hundred (100) feet of such premise lot lines and shall remove any
litter and debris found there on a daily basis to prevent the accumulation of litter and
debris.
b. All solid waste and recyclable materials shall be stored in refuse containers made of
metal or approved plastic and shall be equipped with secure lids or covers, and such
covers shall remain closed so as to prevent the intrusion of storm water or vermin.
c. Refuse storage containers shall be enclosed on all four (4) sides by screening
compatible with the principal structure and not less than two (2) feet higher than the
refuse container or shall be otherwise effectively screened from the street, adjacent
residential uses located in a residence or office residence district and adjacent
permitted or conditional residential uses.
d. The buildings, fixtures, and grounds of all dispensary premises shall be well
maintained.
e. Graffiti shall be promptly removed.
Sec. 28. License prohibited without required approvals.
a. No license shall be issued unless the application contains all the information required,
together with the approval of the various departments charged with the duty of
conducting the investigations and making the reports as set forth above.
b. Incomplete applications.
(1) Any application for a license that does not contain all requested and/or
necessary information shall be deemed incomplete. An application remaining
incomplete for ninety (90) days may be administratively denied by the
licensing official. The licensing official shall notify the applicant of any
deficiencies at least thirty (30) days prior to administrative denial.
(2) If the application remains incomplete after being given thirty-day notice, the
licensing official shall send written notice that the license is denied.
Applicants shall not be allowed to engage in any activities for which a license
is required. Application fees shall not be refunded.
(3) An applicant may, prior to denial, send a written request to extend the
application deadline. The licensing official may extend the deadline for good
cause. An applicant may appeal a license or extension denial to the city
council within ten (10) days of notification of the denial.
Sec. 29. Provisional license pending completion of site plan.
a. The city clerk may grant a provisional license to an applicant for an existing
dispensary operation that was previously licensed in the name of another person when
the location of that dispensary operation is not being changed, under the following
circumstances:
(1) The application for the license contains all required information and
department approvals except that the Department of Health has not issued a
Certificate of Registration.
(2) No previous license, provisional license, or zoning approval issued by the city
and held by the applicant has been revoked.
(3) No previous site plan approved by the city with respect to the subject property
has been revoked.
(4) The subject property is in compliance with any interim deadlines and
conditions established by a site plan approval that has been granted but for
which the deadline for full implementation has not yet occurred.
b. A provisional license shall be effective for four (4) months following the date of
issuance.
c. The city council, or the licensing official for a staff approved license, shall issue a
license in place of the provisional license, to expire at the end of the license year
applied for, upon notification by the licensing official that Department of Health
approval has been granted.
d. The licensing official shall revoke the provisional license upon its expiration date and
notification by the Department of Health that a Certificate of Registration has not
been granted.
e. Revocation of a provisional license by the licensing official may be appealed to the
city council. The appeal must be filed within ten (10) calendar days of the date of the
decision by the licensing official to revoke the license.
Sec. 30. License to be posted in conspicuous place. Each license for a medical cannabis
dispensary shall be posted in a conspicuous place of said dispensary. For the purposes of this
section, "conspicuous place" shall mean display of the license on a wall of said dispensary,
clearly visible to customers if such licensed dispensary is open to the public, or clearly visible to
city investigators standing inside the doorway of the licensed dispensary. No other wall-hanging,
certificate or article of any kind, unless otherwise provided in this section, shall be displayed
within twelve (12) inches of the license required by this Ordinance. In the event that a licensee is
operating a dispensary subject to specific conditions or operational specific requirements
imposed by the licensing authority or agreed to by the licensee, those conditions and
requirements shall be clearly posted with or alongside the license in a format approved by the
licensing official.
Sec. 31. Applications for refunds. Applications for refunds shall contain thereon blank spaces
for the date, name of the person asking the refund, address, receipt or license number, amount
paid for same, and amount of refund claimed, with facts as to why refund is desired, which
application must be signed by the person applying for the refund. No refund shall be made unless
the application contains this information
Sec. 32. Certificate of insurance authorized. Wherever in any provision of this Ordinance
requires the applicant to file with the licensing official an insurance policy, the applicant may file
in lieu thereof a certificate of insurance, issued by an insurance company authorized to do
business in the State of South Dakota, showing the existence in force of a policy or policies of
insurance conforming to the requirements of the applicable licensing ordinance. Such certificate
shall clearly set forth the name of the insurance carrier, the policy number, a description of the
coverages, the limits of liability, period of coverage and any other requirements as set forth in
each ordinance. There shall be attached to such certificate of insurance an endorsement which
shall also be made part of the policy, which shall describe and refer specifically to the insurance
requirements of this ordinance and shall state that the policy of insurance is intended to comply
with such insurance requirements. The licensing official shall examine and shall accept or reject
any such certificates in its discretion.
Sec. 33. Conditions and restrictions on licenses. When the city council makes a finding that
good cause exists to impose reasonable conditions or restrictions upon a license issued, the city
clerk, upon issuing a new license or renewing an existing license, or upon and as part of any
adverse action against an existing license, may impose such conditions or restrictions pertaining
to the manner and circumstances in which the dispensary or activity shall be conducted to
preserve the public peace and protect and promote good order, livability and security. These
reasonable conditions or restrictions may pertain to:
a. A limitation on the hours of operation of the licensed dispensary, or on particular
types of activities conducted in or on said dispensary;
b. A limitation or restriction as to the location within the licensed dispensary where
particular types of activities may be conducted;
c. A limitation and restriction as to the means of ingress to or egress from the licensed
dispensary or its parking lot or any immediately adjacent area;
d. A limitation as to the patron occupancy level of the entire premises or portions
thereof;
e. Any other reasonable condition or restriction limiting the operation of the licensed
dispensary so as to ensure that the licensed dispensary will comport with the character
of the district in which it is located or to prevent the occurrence, development or
dispensary of public nuisances.
The authority granted to the city clerk pursuant to this section shall be in addition to any
other authority otherwise provided by this Ordinance and applicable law.
Sec. 34. Return of revoked licenses. Whenever any license issued for any purpose under this
Ordinance is revoked for any reason whatever, the licensee shall forthwith return such license to
the licensing official, and it shall be the duty of the license inspector, police officer or other
person notifying such licensee or person operating under such revoked license immediately to
remove or cause to be removed such license from the wall or other place where such license shall
be posted or exhibited and return such license to the licensing official.
Sec. 35. Name and address must be filed. Every person, firm, partnership or corporation
conducting any trade, business, profession or occupation or any multiple dwelling, wherein a
license or registration is required, shall file with the licensing official or the building official, or
appropriate department, a statement designating the name and address of the person authorized to
receive citations or notices from the city.
Sec. 36. Notice of change of name or address. In the event of the change of name or address of
the person required by this ordinance, the city clerk shall be notified immediately and the name
or address of the newly appointed person shall be filed.
Sec. 37. Failure to comply with name and address filing. Failure to provide name and address
and change of name or address shall be grounds for revocation of the license.
Sec. 38. Surveillance cameras.
a. Purpose. The city council finds that medical cannabis dispensaries can become targets
of opportunity for theft and violent crimes. The purpose of this section is to protect
the public health, safety and welfare by increasing security for patrons and employees
of these dispensaries by the use of surveillance cameras. Surveillance cameras will
assist in deterring crime in and adjacent to such dispensaries and can provide
information to assist the police in investigating crimes that do occur.
b. Security requirements. Every medical cannabis dispensary shall install a security
camera system of a type, number and placement approved by the licensing official.
c. Materials and maintenance requirements. The licensing official shall have the
authority to formulate and make readily available reasonable rules to fully implement
this chapter.
(1) Digital recording method required. The camera(s) must be capable of
producing a retrievable image on digital recording video that can be made a
permanent record and which can be viewed through projection or other means.
Camera(s) and digital recording equipment shall be maintained in proper
working order and recording twenty-four (24) hours per day. The licensing
official may, through written policy, require new types of surveillance
equipment as recommended and approved by the police department.
(2) Signage required. Said dispensaries shall post a conspicuous sign which states
that the property is under camera surveillance.
(3) Minimum standards. The licensing official shall have the authority to
formulate and make readily available reasonable rules to fully implement this
chapter. Cameras shall be subject to periodic inspections by the licensing
official or their designee.
a. At least one (1) camera shall be positioned to record the frontal view of
each person entering the dispensary premises. This location shall be
approved by the licensing official or the police department, who shall have
authority to require a change in the positioning of any camera in order to
achieve compliance with this section.
b. The license holder shall position additional cameras to record activity in
exterior areas.
(4) Management of surveillance recording materials. Said dispensaries shall
maintain, make available and provide surveillance recording materials to the
licensing official within eight (8) hours of any request. The dispensary shall
maintain surveillance recording materials for a period of one (1) month within
the recording system before overwriting or destruction. Digital recording
materials shall be marked with the accurate time and date in a method that
does not interfere with the image being recorded. Proprietary formats must
have appropriate player software included with all requested video copies.
Copies may be created on CD, DVD, USB or any other functional digital
media recommended by the manufacturer of the installed equipment.
d. Summary closure due to non-functional surveillance system. The licensing official
may order the emergency closure of any dispensary subject to the requirements of this
section that does not have a functional and compliant surveillance camera system in
place within forty-eight (48) hours of written notice by the licensing official. Written
notice placarded on the dispensary premises shall constitute sufficient notice under
this section. Upon request of the license holder, the licensing official shall conduct a
hearing on the appeal of any such written notice within twenty-four (24) hours of
such a request, to consider whether the order was issued properly and under what
conditions the dispensary may reopen, if any. The licensing official shall rule on the
appeal at the close of the hearing. Upon verification by the licensing official that
compliance with the requirements of this section has been achieved by the license
holder, any emergency closure order shall be immediately abated.
Sec. 39. Dispensary license management responsibilities. The following minimum standards
and conditions shall be met in order to hold a license. Failure to comply with any of these
standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation or
suspension of said license.
a. It shall be the responsibility of the licensee to take appropriate action to prevent
further violations following conduct by any persons on the dispensary premises,
including parking areas, in violation of any of the following statutes or ordinances:
(1) SDCL Chapter 22-42, which prohibits the unlawful sale or possession of
controlled substances.
(2) Section 39 of this Ordinance, which prohibits loitering.
(3) SDCL Chapter 21-10, which prohibit public nuisance and permitting a public
nuisance.
(4) Any other criminal activity arising out of the conduct of the dispensary.
b. It shall be the responsibility of the licensee to maintain and operate the dispensary in
compliance with all applicable laws and ordinances, including the zoning, fire,
environmental health, environmental management, license, food, liquor, housing and
building ordinances.
c. The licensee is directly and vicariously responsible for any violations on the
premises, including parking areas, by any employees, independent contractors, other
persons hired by the licensee, or otherwise under the supervision or management of
the licensee.
d. It shall be the responsibility of the licensee to provide adequate security to prevent
criminal activity, loitering and disorderly conduct on the dispensary premises,
including parking areas.
e. A licensee shall be required to pay all delinquent court judgments arising out of their
dispensary and dispensary operations.
f. Areas of the premises that are not regularly monitored by employees or security shall
not be accessible to patrons, customers, or the public.
g. Vending and other unattended coin operated machines shall be in plain view of
employees and shall not be operable during hours the dispensary is not open to the
public and in operation.
h. Parking and other outdoor areas of the premises accessible to the public shall be
illuminated at an intensity of at least two (2) foot-candles per square foot at eighteen
(18) inches above ground level.
i. It shall be the responsibility of the licensee to fully comply with all conditions of
license or other operational specific requirements duly imposed by the licensing
authority or agreed to by the licensee.
j. The licensee shall post the license certificate and any conditions of license in a
manner that complies with this ordinance.
k. There shall be no fraud, misrepresentation, or bribery in securing or attempting to
secure the license.
l. There shall be no false statements made or omissions of any material matter in any
application for a license.
m. The provisions of this section are not exclusive. Adverse license action, inclusive of,
but not limited to, revocation, may be based upon good cause at any time upon proper
notice and hearing. This section shall not preclude the enforcement of any other
provisions of this Ordinance or state and federal laws and regulations.
Sec. 40. Adverse license action evidentiary hearings authorized. Upon a determination by the
licensing official to recommend adverse license action against a license issued pursuant to this
ordinance, the licensing official may refer the matter to the city manager to conduct a hearing.
All such hearings conducted by the city manager shall be for the purpose of developing a record
and providing a recommendation to the city council and shall conform to the following
procedures:
a. The city manager shall be the hearing officer who shall hear all relevant evidence and
argument;
b. The hearing officer may admit evidence that possesses probative value commonly
accepted by reasonably prudent persons in the conduct of their affairs;
c. The hearing shall be audio recorded and a record kept of documentary evidence
submitted;
d. The hearing officer shall render a decision in writing within thirty (30) days after the
close of the hearing which shall include findings of fact, conclusions of law and a
recommendation regarding whether and what adverse license action is appropriate;
e. A copy of the hearing officer's recommendation shall be mailed to the license holder
or applicant and the recommendation and record shall be referred to the city council,
which shall have final authority to impose any appropriate adverse license action;
f. The recommendation of the hearing officer shall be considered by the city council
which may hear argument from the parties, but shall take no further evidence;
g. The final decision of the city council shall be mailed to the license holder or
applicant.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
ORDINANCE NO. ____________
AN ORDINANCE ESTABLISHING PROCEDURES TO LICENSE MEDICAL
CANNABIS FACILITIES IN THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA, AS FOLLOWS:
I.
Sec. 1. Purpose. The purpose of this ordinance is to implement medical cannabis licensing
requirements in a manner consistent with SDCL Chapter 34-20G, to protect the health, safety
and welfare of the public and qualifying patients of the city by prescribing the manner in which
medical cannabis establishments can be conducted within the city. Further, the purpose of this
section is to:
a. Protect public health and safety through reasonable limitations on medical cannabis
dispensaries as they relate to neighborhood and patient safety, security for medical
cannabis facilities and their personnel, and other health and safety concerns.
b. Impose fees to cover the direct and indirect cost to the city of licensing and regulating
medical cannabis facilities.
Sec. 2. City determination of number of cannabis product manufacturing facilities,
cannabis testing facilities and cannabis cultivation facilities license and amount of fees –
Number restricted by population – Denial of reissuance.
a. The number of medical cannabis product manufacturing facilities, cannabis testing
facilities and cannabis cultivation facilities licenses issued pursuant to SDCL Chapter
34-20G may not exceed _______ for the first fifteen thousand of population of
Brookings and may not exceed one for each additional fifteen thousand of population,
or fraction thereof. The population includes only those residing within the City of
Brookings. If not previously set b y a continuing resolution, the city council shall
determine the fees to be charged for each cannabis product manufacturing facility,
cannabis testing facility and cannabis cultivation facility.
b. Medical Cannabis Registration Certificate. A licensee must provide a copy of their
Certificate of Registration issued by the Department of Health.
c. Annually, the licensee shall provide the city with a Renewal Registration Certificate
from the Department of Health.
d. If the Department of Health suspends or revokes a medical cannabis Registration
Certificate, the medical cannabis establishment shall be prohibited from operating a
medical cannabis facility while the Registration Certificate is suspended or revoked.
Sec. 3. Definitions.
a. Cannabis product manufacturing facility. An entity registered with the department
pursuant to this chapter that acquires, possess, manufactures, delivers, transfers,
transports, supplies, or sells cannabis products to a medical cannabis dispensary.
b. Cannabis testing facility. An independent entity registered with the department of
health pursuant to this chapter to analyze the safety and potency of cannabis.
c. Cultivation facility. An entity registered with the department pursuant to this chapter
that acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells
cannabis and related supplies to a medical cannabis establishment.
d. Medical cannabis establishment. A cultivation facility, a cannabis testing facility, a
cannabis product manufacturing facility, or a dispensary.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
MEDICAL CANNABIS DISPENSARIES ORDINANCE
TABLE OF CONTENTS
Section 1. Purpose.
Section 2. City determination of number of medical cannabis dispensary licenses and amount of
fees – Number restricted by population – Denial of reissuance.
Section 3. Definitions.
a. Advertise, advertising or advertisement.
b. Medical cannabis code.
c. License.
d. Licensed premises.
e. Local licensing authority.
Section 4. License required; general licensing conditions.
Section 5. License duration.
Section 6. Transfers and change of ownership interest.
Section 7. License application and review process.
Section 8. Regulations regarding licensed locations.
Section 9. Regulations related to operation of medical cannabis dispensaries.
Section 10. Signage and advertising.
Section 11. Compliance with other applicable laws.
Section 12. Suspension or revocation of license; imposition of fines.
Section 13. Term of license; renewals; expiration of license.
a. Term of license.
b. Renewal of license.
c. Expiration of license.
Section 14. Transfer of ownership; change of location; modification of premises.
Section 15. Penalties.
Section 16. Licensing official to issue license.
MEDICAL CANNABIS DISPENSARIES ORDINANCE
TABLE OF CONTENTS (Cont.)
Section 17. Payment of taxes prerequisite to issuance of license.
Section 18. License duration and application deadlines.
Section 19. Applications for licenses; issuance of licenses.
Section 20. Register to be kept.
Section 21. Applications.
Section 22. Police investigation required.
Section 23. Health investigation required.
Section 24. Building investigation required.
Section 25. Zoning investigation required.
Section 26. Fire prevention investigation required.
Section 27. Dispensary premise maintenance requirements.
Section 28. License prohibited without required approvals.
Section 29. Provisional license pending completion of site plan.
Section 30. License to be posted in conspicuous place.
Section 31. Applications for refunds.
Section 32. Certificate of insurance authorized.
Section 33. Conditions and restrictions on licenses.
Section 34. Return of revoked licenses.
Section 35. Name and address must be filed.
Section 36. Notice of change of name or address.
Section 37. Failure to comply with name and address filing.
MEDICAL CANNABIS DISPENSARIES ORDINANCE
TABLE OF CONTENTS (Cont.)
Section 38. Surveillance cameras.
a. Purpose.
b. Security requirements.
c. Materials and maintenance requirements.
(1) Digital recording method required.
(2) Signage required.
(3) Minimum standards.
(4) Management of surveillance recording materials.
d. Summary closure due to non-functional surveillance system.
Section 39. Dispensary license management responsibility.
Section 40. Adverse license action evidentiary hearings authorized.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0243,Version:1
Discussion with applicants for the vacant City Council member position.
Summary:
The following Brookings residents have applied for the vacant Brookings City Council member
position.
·Bradley Walker
·Nate Holden
·Julie Erickson
·Brianna Doran
·Wayne Avery
The applicants were invited to this Study Session to provide additional information and respond to
questions. The City Council is scheduled to vote on the appointment at the May 25, 2021 City
Council meeting.
Attachments:
Process and Timeline
Press Release
Application for City Council Member
City Charter
Resolution 90-10
City of Brookings Printed on 5/13/2021Page 1 of 1
powered by Legistar™
Updated: March 2021
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 18, 2021
Subject: City Council Vacancy
Person(s) Responsible: Bonnie Foster, City Clerk and Steve Britzman, City Attorney
Summary:
A call for Applications to fill the Vacant City Council Seat was posted on Friday, April
23rd. Deadline for Applications was Wednesday, May 12th. This item is presented at a
Study Session to allow discussion for the selection and appointment to fill the City
Council vacancy.
Background:
A City Council member vacancy was created with the election of Council Member
Oepke Niemeyer to the office of the Mayor. Following the April 13, 2021 election, the
City issued a press release seeking applicants for the vacant City Council seat. The
appointed City Council member would serve until the next regular municipal election
(April 2022), with the appointed term expiring on April 30, 2022. Applicants must be a
Brookings resident for a minimum of six months and registered to vote in Brookings.
Any vacancy occurring in the office of Mayor or City Council must be filled pursuant to
City Charter, Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies:
City Charter Reference - Filling of Vacancy. (d) Filling of Vacancies. Filling of
Vacancies. Except as provided below, a vacancy in the office of Mayor or of a
City Council Member shall be filled for the remainder of the unexpired term at the
next regular City election. The Council by a majority vote of all its remaining
members shall appoint a qualified person to fill the vacancy until the person
elected to serve the remainder of the unexpired term takes office. However, if the
vacancy occurs less than sixty days prior to the next regular City election, then
the person appointed to fill the vacancy shall continue to serve and the vacancy
shall be filled at the regular City election immediately following the next regular
City election. Notwithstanding the requirement in Section 2.11, if at any time the
membership of the Council is reduced to less than 6, the remaining members
shall, within sixty (60) days, fill the vacancies by appointment or call for a special
election to fill the vacancies.
The appointment process is further defined in City Resolution 90-10.
Item Details:
Updated: March 2021
The applicants were invited to this Study Session to provide additional information and
respond to questions. The City Council is scheduled to vote on the appointment at the
May 25, 2021 City Council meeting.
Applications have been received by the following individuals:
Bradley Walker
Nate Holden
Julie Erickson
Brianna Doran
Wayne Avery
Supporting Documentation:
Process and Timeline
Press Release
Application
Code of Ethics – Council Member
City Charter
Resolution 90-10: City Council Policy – City Council Vacancy
Proposed Process and Timeline
April 20 Discuss process
April 23 Press Release – call for applications for vacant Council seat
May 11 Receive Council Member Niemeyer’s resignation letter effective
this date
May 11 Ope Niemeyer takes Oath of Office as Mayor
May 12 Deadline for Applications
May 18 Applicants provide comments to City Council during Study
Session
May 25 Action to appoint City Council Member
June 8 New Council Member takes Oath of Office
Bonnie Foster, City Clerk
520 3rd Street, Suite 230
Brookings, SD 57006
605.692.6281
bfoster@cityofbrookings-sd.gov
April 23, 2021
FOR IMMEDIATE RELEASE
APPLICATIONS FOR BROOKINGS CITY COUNCIL MEMBER
The City of Brookings is now accepting applications for the City Council Member position which
will be vacated by Council Member Oepke “Ope” Niemeyer, who was elected as Mayor. The
appointment term would be from June 8, 2021 - April 30, 2022. Applicants must be a Brookings
resident for a minimum of six months and registered to vote in Brookings. Applications are
available on the city website (www.cityofbrookings-sd.gov/citycouncil ) or at the City Clerk’s
Office, 520 3rd Street, Suite 230, Brookings, SD 57006, (605) 692-6281. The completed
application and other required documents must be submitted to the City Clerk’s Office no later
than Wednesday, May 12, 2021, at 5:00 p.m.
All applicants will be invited to attend the May 18th City Council Study Session at 5:30 p.m. to
provide additional information and respond to questions. The City Council is scheduled to vote
on the appointment at the June 8th City Council Meeting at 6:00 p.m.
Applicant Information
Name:
First Middle Last
Address:
Street
City State ZIP Code
Phone:
(work)
(cell)
(home)
Email:
Employer:
Occupation:
Is your residence located within the city limits of Brookings? □ YES □ NO
Are you a registered voter in the City of Brookings? □ YES □ NO
How long have you been a resident of Brookings?
1. Please list relevant education or training:
Application for Appointment for Brookings City Council
City Clerk’s Office
520 3rd Street, Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
bfoster@cityofbrookings-sd.gov
2. Work experience:
3. Community Volunteer Service:
4. I would like to serve as a City Council Member because:
5. Any other information you feel is important to the City Council Members as it considers your
appointment for City Council:
Please return your application to the City Clerk’s Office:
520 3rd Street, Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Email: bfoster@cityofbrookings-sd.gov
www.cityofbrookings-sd.gov/citycouncil
Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification
of vacancies will consist of a press release to local media at least two weeks prior to the appointment.
Appointment Process – Applications will be accepted until Wednesday, May 12th at 5:00 p.m. All
applicants will be invited to attend the May 18th City Council Meeting at 5:30 p.m. to provide additional
information and respond to questions. City Council action is required to approve the appointment and
is scheduled to occur on June 8th. Thank you for applying!
Source: Governance & Ends Policy
City of Brookings Governance and Ends Policies - Appendix A
City Council Code of Ethics
Approved May 13, 2002
Amended May 28, 2013
The mayor and council are responsible for making policy decisions for the community. The City Council provides vision,
direction and leadership to the community and the organization. The City Council further represents the Brookings
Community with other governmental entities and officials. In order to maintain and enhance public trust and confidence
in our local government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for
residents of Brookings the members of the City Council dedicate themselves to the stewardship of the public trust and
therefore embrace the following ideals, seeking to:
Uphold constitutional government and the laws of the City of Brookings by recognizing I am an agent for the
democratic process and not the owner of authority;
Conduct public and private life as to be an example for my fellow citizens and take responsibility for my actions,
even when it is uncomfortable or unpopular to do so;
Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the same treatment I
wish to receive myself;
Abstain from voting when a conflict of interest exists in accordance with the Brookings City Charter, Section 7.01 (a)
Conflicts of Interest provision;
Be tolerant, respectful and attentive to divergent ideas, suggestions and opinions;
Maintain and respect the confidentiality of private and confidential information, and treat all persons, claims and
transactions in a fair and equitable manner;
Attend and be actively engaged in all regular and special meetings, including briefings, and public functions where
my presence is expected and be prepared in the execution of such;
Be a prudent steward of public resources and actively consider the impact of my decisions on the financial and
social stability of the City and its citizens;
Make decisions based on the merits of the issue with attention to due process and citizen participation;
Be knowledgeable and develop an understanding of local, state, and national governmental guidance, directives,
regulations and ordinances pertaining to my position.
Be prepared to make unpopular decisions based on my interpretation of the public’s best interest;
Make decisions and recommendations based upon research and facts involving staff and stakeholders which
considers the goals, impacts and the best interest of the greatest number of those affected.
It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics from all its
Council members. Brookings Council members shall maintain the utmost standards of personal integrity, truthfulness,
honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants includin g
the appearance of impropriety, and never use their city position or powers for improper personal gain.
The code of ethical behavior will govern members of the City Council. City Council members are encouraged to monitor
their compliance and offer constructive recommendations to fellow Council members if necessary. As a member of the
City Council, I accept these ideals and policy, and pledge to do in the interest and purposes for which our government has
been established.
Date Signature
Brookings
City Charter
City of Brookings
Brookings City & County Government Center
520 3rd St., Suite 230
Brookings, SD 57006
(605) 692-6281
Election 11-05-02 - Passed; Canvassed on 11-12-02.
Amended: May 23, 2006
TABLE OF CONTENTS
Page
Preamble ............................................................................................................................................ .......... 1
ARTICLE I – POWERS OF THE CITY .............................................................................................. .......... 1
Section 1.01 – Powers of the City ......................................................................................... .......... 1
Section 1.02 – Construction .................................................................................................. .......... 1
Section 1.03 – Intergovernmental Relations ......................................................................... .......... 1
Section 1.04 – Limitations ..................................................................................................... .......... 1
Section 1.05 – New Taxes .................................................................................................... .......... 1
ARTICLE II – CITY COUNCIL............................................................................................................ .......... 1
Section 2.01 – General Powers and Duties .......................................................................... .......... 1
Section 2.02 – Composition, Eligibility, Terms, Bond Required
Designation of Areas of Responsibility, Powers and Duties ......................... .......... 2
Section 2.03 – Mayor ............................................................................................................ .......... 2
Section 2.04 – Compensation; Expenses ............................................................................. .......... 2
Section 2.05 – Prohibitions ........................................................................................................ 2 & 3
Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies .................................... .......... 3
Section 2.07 - Judge of Qualifications .................................................................................. .......... 3
Section 2.08 – Clerk .............................................................................................................. .......... 3
Section 2.09 – Investigations ................................................................................................ ....... .. 4
Section 2.10 – Independent Audit ......................................................................................... .......... 4
Section 2.11 – Procedure ..................................................................................................... .......... 4
Section 2.12 – Action Requiring an Ordinance ..................................................................... .... 4 & 5
Section 2.13 – Ordinances and Resolutions in General ....................................................... .......... 5
Section 2.14 – Emergency Ordinances ................................................................................ .......... 5
Section 2.15 – Codes of Technical Regulations ................................................................... .......... 5
Section 2.16 – Authentication and Recording; Codification; Printing ................................... .... 5 & 6
ARTICLE IIA – CITY MANAGER ....................................................................................................... .......... 6
Section 2A.01 – Appointment; Qualifications; Compensation .............................................. .......... 6
Section 2A.02 – Removal...................................................................................................... .......... 6
Section 2A.03 – Acting City Manager ................................................................................... .......... 6
Section 2A.04 – Powers and Duties of City Manager ........................................................... .... 6 & 7
ARTICLE III – DEPARTMENTS, OFFICES AND AGENCIES ........................................................... .......... 7
Section 3.01 – General Provisions ........................................................................................ .......... 7
Section 3.01(b) – Supervision ............................................................................................. .......... 7
Section 3.02 – Legal Officer .................................................................................................. .......... 8
ARTICLE IV – FINANCIAL PROCEDURES ...................................................................................... .......... 8
Section 4.01 – Fiscal Year .................................................................................................... .......... 8
Section 4.02 – Submission of Budget and Budget Message ................................................ .......... 8
Section 4.03 – Budget ........................................................................................................... .......... 8
Section 4.04 – City Council Action on Budget ...................................................................... .......... 8
Section 4.05 – Appropriation and Revenue Ordinances ....................................................... .... 8 & 9
Section 4.06 – Amendments After Adoption ......................................................................... .......... 9
Section 4.07 – Lapse of Appropriation .................................................................................. .......... 9
Section 4.08 – Administration of Budget ............................................................................... .......... 9
Section 4.09 – Overspending of Appropriations Prohibited .................................................. .. 9 & 10
Section 4.10 – Public Records .............................................................................................. ........ 10
ARTICLE V – ELECTIONS ................................................................................................................ ........ 10
Section 5.01 – City Elections ................................................................................................ ........ 10
Section 5.02 – Initiative and Referendum ............................................................................. ........ 10
ARTICLE VI – BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL ........ 10
Section 6.01 – Management and Control of Brookings Municipal Utilities
and Brookings Municipal Hospital .................................................................. 10 & 11
ARTICLE VII – GENERAL PROVISIONS .......................................................................................... ........ 11
Section 7.01 – Conflicts of Interest, Board of Ethics ............................................................. ........ 11
Section 7.02 – Prohibitions ................................................................................................... 11 & 12
ARTICLE VIII – CHARTER AMENDMENT ........................................................................................ ........ 12
Section 8.01 – Proposal of Amendment ............................................................................... ........ 12
Section 8.02 – Election ......................................................................................................... ........ 12
Section 8.03 – Adoption of Amendment ............................................................................... ........ 12
ARTICLE IX – TRANSITION/SEPARABILITY PROVISION .............................................................. ........ 13
Section 9.01 – Officers and Employees ................................................................................ ........ 13
Section 9.02 – Departments, Offices and Agencies ............................................................. ........ 13
Section 9.03 – Pending Matters ............................................................................................ ........ 13
Section 9.04 – State and Municipal Laws ............................................................................. ........ 13
Section 9.05 – Schedule ....................................................................................................... ........ 14
Section 9.06 – Separability ................................................................................................... ........ 15
1 05-23-2006 Amended
PREAMBLE
We the people of the City of Brookings, in order to establish a more representative and
effective city government, do adopt this Charter in accordance with the Home Rule power
granted in Article IX, Section 2 of the South Dakota Constitution and the procedural
requirements of SDCL Chapter 6-12.
ARTICLE I
POWERS OF THE CITY
Section 1.01 – Powers of the City. The City shall have all powers possible for a city to have
under the Constitutions of this State and of the United States. It is the intention of this Charter to
confer upon the City every power it may have under law, as fully and completely as though the
power was specifically mentioned.
Section 1.02 – Construction. This Charter shall be construed liberally in favor of the City and
the specific mention of particular municipal powers in other sections of this Charter does not
limit the powers of the City to those so mentioned.
Section 1.03 – Intergovernmental Relations. The City may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, jointly or in
cooperation, by contract or otherwise, with any one (1) or more states or any state division or
agency, or the United States or any of its agencies or any township, county or municipality.
The City retains and reserves its right to Joint Exercise of Governmental Powers as set forth in
SDCL Title 1. Further, the City adopts and ratifies each and every contract and agreement
entered into by virtue of that power under any prior City organization or form of government.
Section 1.04 – Limitations. Nothing in this Charter shall be construed to permit the City to do
any of the following:
1. Levy a personal or corporate income tax,
2. Issue more liquor licenses,
3. Permit increased gaming, or
4. Incur additional debt,
unless and except to the extent otherwise authorized to any City established as a SDCL Title 9
authorized form of City government.
Section 1.05 – New Taxes. Any tax which is approved by the City Council may be submitted by
the City Council to a vote of the people for approval or disapproval before it becomes effective.
Any tax which is approved by the City Council may also be referred to a vote of the people by
referendum for approval or disapproval.
2 05-23-2006 Amended
ARTICLE II
CITY COUNCIL
Section 2.01 – General Powers and Duties. All powers of the City shall be vested in the City
Council except as otherwise provided by law or this Charter, and the Council shall provide for
the exercise thereof and for the performance of all duties and obligations imposed on the City by
law. The Council shall act as a part-time, policy making and legislative body, avoiding
management and administrative issues which are hereafter assigned to a City Manager.
Section 2.02 – Composition, Eligibility, Terms, Powers and Duties.
a. Composition. There shall be a City Council composed of the Mayor and six (6)
Council Members to be elected by the voters of the City at large.
b. Eligibility. Only the registered voters of the City who have resided in the City for at
least six months immediately prior to the date of election shall be eligible to hold the
office of Council Member or Mayor.
c. Terms. The terms of Council Members and the Mayor shall be for three (3) years
following the completion of the terms as provided in Section 9.05.
d. The Council by resolution shall establish the powers and the duties of the Council and
of the Mayor in addition to those assigned by the Charter.
Section 2.03 – Mayor. The Mayor shall have the powers and duties as a Council Member,
including the power to vote, and in addition, shall preside at the meetings of the Council,
represent the City in intergovernmental relationships, appoint with the advice and consent of the
Council the members of citizen advisory boards, committees, and commissions, present an
annual state of the City message, and perform other duties specified by the Council. The Mayor
shall be recognized as head of the government for all ceremonial purposes and by the Governor
for the purpose of military law. The Mayor shall have no administrative duties. The Council shall
elect annually, from among its members, a Deputy Mayor who shall act as Mayor during the
absence or the disability of the Mayor, or until a vacancy in the office of Mayor is filled.
Section 2.04 – Compensation; Expenses. The initial annual salary for Council Members of the
City Council shall be $3,600 and shall be $4,800 for the Mayor. The Council, by resolution
approved by at least five Council Members, may increase the salaries of the Council Members
and of the Mayor provided that no such resolution shall become effective until the date of
commencement of the term of the Council Member or Mayor elected at the next regular election.
The Mayor and Council Members shall receive their actual and necessary expenses incurred in
the performance of their duties of office.
Section 2.05 – Prohibitions.
(a) Holding Other Office. Except where authorized by law, no Council member shall
hold any other elected public office during the term for which the member was
3 05-23-2006 Amended
elected to the Council. No Council member shall hold any other City office or City
employment during the terms for which the member was elected to the Council. No
former Council member shall hold any compensated appointive office or employment
with the City until one year after the expiration of the term for which the member was
elected to the Council. Nothing in this section shall be construed to prohibit the
Council from selecting any current or former Council member to represent the City
on the governing board of any regional or intergovernmental agency.
(b) Appointments and Removals. The City Council or any of its members shall not in
any manner control or demand the appointment or removal of any City administrative
officer or employee whom the City Manager or any subordinate of the City Manager
is empowered to appoint, however the Council may express its views and fully and
freely discuss with the City Manager anything pertaining to appointment and removal
of such officer or employee.
(c) Interference with Administration. Except for the purpose of inquiries and
investigations under Section 2.09, the Council or its members shall deal with the City
officers and employees who are subject to the direction and supervision of the City
Manager solely through the City Manager, and neither the Council nor its members
shall give orders to any such officer or employee, either publicly or privately.
Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the
person’s death, resignation, removal from office or forfeiture of office in any manner
authorized by law.
(b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set
forth in SDCL Title 9.
(c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the
Mayor or Council Member:
1. Lacks at any time during the term of office for which elected any qualification for
the office prescribed by this Charter or by law.
2. Violates any expressed prohibition in Section 7.02 of this Charter.
3. Fails to maintain residency within the city limits.
4. Is convicted of a felony.
5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council
during a fiscal year, or three consecutive regular meetings of the Council, without
being excused by the Council.
4 05-23-2006 Amended
(d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in
the office of Mayor or of a City Council Member shall be filled for the remainder of
the unexpired term at the next regular City election. The Council by a majority vote
of all its remaining members shall appoint a qualified person to fill the vacancy until
the person elected to serve the remainder of the unexpired term takes office.
However, if the vacancy occurs less than sixty days prior to the next regular City
election, then the person appointed to fill the vacancy shall continue to serve and the
vacancy shall be filled at the regular City election immediately following the next
regular City election. Notwithstanding the requirement in Section 2.11, if at any time
the membership of the Council is reduced to less than 6, the remaining members
shall, within sixty (60) days, fill the vacancies by appointment or call for a special
election to fill the vacancies.
Section 2.07 – Judge of Qualifications. The City Council shall be the judge of the election and
qualifications of its members and of the grounds for forfeiture of their office. The Council shall
have the power to set additional standards of conduct for its members beyond those specified in
the charter and may provide for such penalties as it deems appropriate, including forfeiture of
office. In order to exercise these powers, the Council shall have power to subpoena witnesses,
administer oaths and require the production of evidence. A member charged with conduct
constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and
notice of such hearing shall be published in one or more newspapers of general circulation in the
City at least 7 days in advance of the hearing. Decisions made by the Council under this section
shall be subject to judicial review.
Section 2.08 – Clerk. The City Council shall appoint an officer of the City who shall have the
title of Clerk. The Clerk shall give notice of Council meetings to its members and the public,
keep the journal of its proceedings and perform such other duties as are assigned by this Charter
or by the Council or by state law.
Section 2.09 – Investigations. The City Council may make investigations into the affairs of the
City and the conduct of any City department, office or agency and for this purpose may
subpoena witnesses, administer oaths, take testimony and require the production of evidence.
Failure or refusal to obey a lawful order issued in the exercise of these powers by the Council
shall be a misdemeanor punishable by a fine and/or jail sentence to be established by resolution
of the Council.
Section 2.10 – Independent Audit. The City Council shall provide for an independent annual
audit of all City accounts and may provide for more frequent audits, as it deems necessary. Such
audits shall be made by a certified public accountant or firm of such accountants who have no
personal interest, direct or indirect, in the fiscal affairs of the City government or any of its
officers. The Council may, without requiring competitive bids, designate such accountant or
firm annually or for a period not exceeding three years, but the designation for any particular
fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the
Department of Legislative Audit makes such an audit, the Council may accept it as satisfying the
requirements of this section.
5 05-23-2006 Amended
Section 2.11 – Procedure.
a. Meetings. The Council shall meet regularly at such times and places as the Council
may prescribe by rule. Special meetings may be held on the call of the Mayor or of 4
or more members and, whenever practicable, upon no less than twenty-four (24)
hours notice to each member. Except as allowed by state law, all meetings shall be
public.
b. Rules and Journal. The City Council shall conduct all meetings under the provisions
of Roberts Rules of Order with the exception of any conflict with this Charter, City
Ordinance, State or Federal statute, determine its own rules and order of business and
shall provide for keeping a journal of its proceedings. This journal shall be a public
record.
c. Voting. Voting, except on procedural motions, shall be by roll call and the ayes and
nays shall be recorded in the journal. Four members of the Council shall constitute a
quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members in the manner and subject to the penalties prescribed
by the rules of the Council. No action of the Council, except as otherwise provided in
the Charter or the preceding sentence and in Section 2.06, shall be valid or binding
unless adopted by the affirmative vote of 4 or more members of the Council.
Section 2.12 – Action Requiring an Ordinance. In addition to other acts required by law or by
specific provision of this Charter to be done by ordinance, those acts of the City Council shall be
by ordinance which:
1. Adopt or amend an administrative code or establish, alter, or abolish any City
department, office or agency;
2. Levy taxes;
3. Grant, renew or extend a franchise;
4. Regulate land use and development;
5. Amend or repeal any ordinance previously adopted;
6. Establish and regulate the conduct of elections;
Acts other than those referred to in the preceding sentence may be done either by
ordinance or by resolution.
Section 2.13 – Ordinances and Resolutions in General. City ordinances and resolutions shall
be introduced, published, enacted, recorded, and codified as provided in state law; however, the
City Council may by ordinance amend such requirements.
6 05-23-2006 Amended
Section 2.14 – Emergency Ordinances. To meet a public emergency affecting life, health,
property or the public peace, the City Council may adopt one or more emergency ordinances, but
such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the
borrowing of money except as provided in Section 4.06(b). An emergency ordinance shall be
introduced in the form and manner prescribed for ordinances generally, except that it shall be
plainly designated as an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists and describing it in clear and specific terms. An
emergency ordinance may be adopted with or without amendment or rejected at the meeting at
which it is introduced, but the affirmative vote of at least 5 members shall be required for
adoption. After its adoption, the ordinance shall be published and printed as prescribed for other
adopted ordinances. It shall become effective upon adoption or at such later time as it may
specify. Every emergency ordinance except one made pursuant to Section 4.06(b) shall
automatically stand repealed as of the 61st day following the date on which it was adopted, but
this shall not prevent re-enactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing
ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.15 – Codes of Technical Regulations. The City Council may adopt any standard
code of technical regulations by reference thereto in an adopting ordinance. The procedure and
requirements governing such an adopting ordinance shall be as prescribed for ordinances
generally except that:
1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of
the adopting ordinance.
2. A copy of each adopted code of technical regulations as well as of the adopting
ordinance shall be authenticated and recorded by the City Clerk pursuant to Section
2.16(a).
Copies of any adopted code of technical regulations shall be made available by the City
Clerk for distribution or for purchase at a reasonable price.
Section 2.16 – Authentication and Recording; Codification; Printing.
a. Authentication and Recording. The City Clerk shall authenticate by signing and shall
record in full in a properly indexed book kept for that purpose all ordinances and
resolutions adopted by the City Council.
b. Codification. Within three years after adoption of this Charter and at least every ten
years thereafter, the City Council shall provide for the preparation of a general
codification of all City ordinances and resolutions having the force and effect of law.
The general codification shall be adopted by the Council by ordinance and shall be
published promptly in bound or loose-leaf form, together with this Charter and any
amendments thereto, pertinent provisions of the Constitution and other laws of the
State of South Dakota, and such codes of technical regulations and other rules and
7 05-23-2006 Amended
regulations as the Council may specify. This compilation shall be known and cited
officially as the Brookings City Code of Ordinances. Copies of the Code shall be
furnished to City officers, placed in libraries and public offices for free public
reference and made available for purchase by the public at a reasonable price fixed by
the Council. The term “City Council” or “Council” shall replace and mean the term
“City Commission” or “Commission” in the Code of Ordinances.
c. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance
and resolution having the force and effect of law and each amendment to this Charter
to be printed promptly following its adoption, and the printed ordinances, resolutions
and charter amendments shall be distributed or sold to the public at reasonable prices
as fixed by the Council. Following publication of the first Brookings City Code of
Ordinances and at all times thereafter, the ordinances, resolutions and charter
amendments shall be printed in substantially the same style as the code currently in
effect and shall be suitable in form for integration therein. The Council shall make
such further arrangements as it deems desirable with respect to reproduction and
distribution of any current changes in or addition to the provisions of the Constitution
and other laws of the State of South Dakota, or the codes of technical regulations and
other rules and regulations included in the code.
ARTICLE IIA
CITY MANAGER
Section 2A.01 – Appointment; Qualifications; Compensation. The City Council by the
affirmative vote of four (4) or more members of the Council shall appoint a City Manager for an
indefinite term and fix the manager’s compensation. The City Council shall conduct a review of
the performance of the City Manager at least annually. The City Manager shall be appointed
solely on the basis of executive and administrative qualifications and professional employment
experience as a city manager or assistant city manager. The Manager need not be a resident of
the City or state at the time of appointment but may reside outside the City while in office only
with the approval of the Council.
Section 2A.02 – Removal. The City Manager may be suspended by a resolution approved by
the affirmative vote of four (4) or more Members of the City Council which shall set forth the
reasons for suspension and proposed removal. A copy of such resolution shall be served
immediately upon the City Manager. The City Manager shall have fifteen days in which to reply
thereto in writing. The City Manager may request and shall be afforded a public hearing, and the
City Council shall set a time for a public hearing upon the question of the City Manager’s
removal. After the public hearing, if one is requested, the City Council by the affirmative vote of
four (4) of its total membership may adopt a final resolution of removal. The City Manager shall
continue to receive full salary until the effective date of a final resolution of removal.
Section 2A.03 – Acting City Manager. By letter filed with the City Clerk, the City Manager
shall designate a City officer or employee to exercise the powers and perform the duties of City
8 05-23-2006 Amended
Manager during the manager’s temporary absence or disability. The City Council may revoke
such designation at any time and appoint another officer of the City to serve until the City
Manager returns.
Section 2A.04 – Powers and Duties of City Manager. The City Manager shall be the chief
administrative officer of the City, responsible to the Council for the administration of all city
matters placed in the manager’s charge by or under this Charter. The City Manager shall:
1. Appoint and, when necessary in their discretion, suspend or remove all city
employees and appointive administrative officers provided for by or under this
Charter. The City Manager may authorize any administrative employee or officer
subject to the manager’s direction and supervision to exercise these powers with
respect to subordinates in that employee or officer’s department, office or agency;
2. Direct and supervise the administration of all departments, offices and agencies of the
City, except as otherwise provided by this Charter or by law;
3. Attend all City Council meetings. The City Manager shall, except when the
governing body may be considering suspension or removal of the City Manager, have
the right to take part in discussion but shall not vote;
4. See that all laws, provisions of this Charter and acts of the City Council, subject to
enforcement by the City Manager or by employees or officers subject to the
manager’s direction and supervision, are faithfully executed;
5. Prepare and submit the annual budget and capital program to the City Council;
6. Submit updates annually on the date specified by the City Council a five-year capital
program in such form as the City Manager deems desirable or the Council may
require;
7. Submit updates annually on the date specified by the City Council a five-year
financial plan in such form as the City Manager deems desirable or the Council may
require;
8. Submit to the City Council and make available to the public a complete report on the
finances and administrative activities of the City as of the end of each fiscal year;
9. Make such other reports as the City Council may require concerning the operations of
City departments, offices and agencies subject to the City Manager’s direction and
supervision;
10. Keep the City Council fully advised as to the financial condition and future needs of
the City;
9 05-23-2006 Amended
11. Sign all warrants for the payment of money, and the same shall be countersigned by
the Clerk, but no warrant shall be issued until the claim therefor has been approved by
the City Council, except as may be otherwise provided by ordinance or resolution;
12. Be the personnel director of the City;
13. Make recommendations to the City Council concerning the affairs of the City;
14. Provide staff support services for the Mayor and Council members; and
15. Perform such other duties as are specified in this Charter or as may be required by the
City Council.
ARTICLE III
Departments, Offices and Agencies
Section 3.01 – General Provisions.
a. Creation of Departments. The City Council may establish City departments, offices
or agencies in addition to those created by this charter and may prescribe the function
of all departments, offices and agencies, except that no function assigned by this
Charter to a particular department, office or agency may be discontinued or, unless
this Charter specifically so provides, assigned to any other.
Section 3.01 (b) – Supervision. All departments, offices and agencies under the direction and
supervision of the City Manager shall be administered by an officer or employee appointed by
and subject to the direction and supervision of the City Manager. With the consent of Council,
the City Manager may serve as the head of one or more of such departments, offices or agencies
or may appoint one person as the head of two or more of such departments, offices or agencies.
Section 3.02 – Legal Officer. There shall be a legal officer of the City appointed by the City
Council. The legal officer shall serve as chief legal advisor to the Council and all City
departments, offices and agencies; shall represent the city in all legal proceedings and shall
perform any other duties prescribed by state law, by this Charter or by ordinance.
Section 3.03 - Copying of Public Records. Any officer or public servant required to keep or
preserve any record, document, or other instrument subject to the provisions of SDCL 1-27-1
shall keep the records open to inspection and copying by any person during normal business
hours. A reasonable fee established by the City Manager may be charged for copying the
record.
10 05-23-2006 Amended
ARTICLE IV
Financial Procedures
Section 4.01 – Fiscal Year. The fiscal year of the City shall begin on the first day of January
and end on the last day of December.
Section 4.02 – Submission of Budget and Budget Message. On or before the first day of
August of each year, the City Manager shall submit to the City Council a budget for the ensuing
fiscal year and an accompanying message.
Section 4.03 – Budget. The budget shall provide a complete financial plan of all City funds and
activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in
such form as the City Council may require. The budget shall begin with a clear general summary
of its contents; shall show in detail all estimated income, indicating the proposed property tax
levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall
be so arranged as to show comparative figures for actual and estimated income and expenditures
of the current fiscal year and actual income and expenditures of the current fiscal year. It shall
indicate in separate sections:
1. The proposed goals and objectives and expenditures for current operations during the
ensuing fiscal year, detailed for each fund by organization unit, and program, purpose
or activity, and the method of financing such expenditures.
2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund
by organization unit when practicable, and the proposed method of financing each
such capital expenditure.
For any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus the fund balance carried forward, exclusive of reserves.
Section 4.04 – City Council Action on Budget.
a. Budget Hearings. The City Council may schedule public hearings at appropriate
times and may direct changes in the City Manager’s proposed budget.
b. Adoption. The City Council shall adopt the final budget on or before the 30th day of
September of the fiscal year currently ending. If it fails to adopt the budget by this
date, the budget proposed by the City Manager shall go into effect.
Section 4.05 – Appropriation and Revenue Ordinances. To implement the adopted budget of
the ensuing fiscal year, the City Council:
a. Shall, no later than its first regular meeting in September of each year or within 10
days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal
year, in which it shall appropriate the sums of money necessary to meet all lawful
11 05-23-2006 Amended
expenses and liabilities of the municipality. The ordinance shall specify the function
and subfunction as prescribed by the Department of Legislative Audit for which the
appropriations are made and the amount appropriated for each function and
subfunction, which amount shall be appropriated from the proper fund. It is not
necessary to appropriate revenue to be expended from an enterprise or trust and
agency fund if the fund is not supported or subsidized by revenue derived from the
annual appropriated tax levy. However, an annual budget for these funds shall be
developed and published no later than the last day of December of each year.
b. Shall adopt any other ordinances required to authorize new revenues or to amend the
rates or other features of existing taxes or other revenue sources.
Section 4.06 – Amendments After Adoption.
a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that
there are available for appropriation revenues in excess of those estimated in the
budget, the City Council by ordinance may make supplemental appropriations for the
year up to the amount of such excess.
b. Emergency Appropriations. To meet a public emergency affecting life, health,
property, or the public peace, the City Council may make emergency appropriations.
Such appropriations may be made by emergency ordinance in accordance with the
provisions of Section 2.14. To the extent that there are no available unappropriated
revenues or a sufficient fund balance to meet such appropriations, the Council may by
such emergency ordinance authorize the issuance of emergency notes, which may be
renewed from time to time, but the emergency notes and renewals of any fiscal year
shall be paid not later than the last day of the fiscal year next succeeding that in which
the emergency appropriation was made.
c. Reduction of Appropriations. If at any time during the fiscal year it appears probable
to the City Manager that the revenues or fund balances available will be insufficient
to finance the expenditures for which appropriations have been authorized, the City
Manager, shall report to the City Council without delay, indicating the estimated
amount of the deficit, any remedial action taken by the Council and recommendations
as to any other steps to be taken. The Council shall then take such further action as it
deems necessary to prevent or reduce any deficit and for that purpose it may by
ordinance reduce one or more appropriations.
d. Transfer of Appropriations. At any time during the fiscal year the City Council may
by resolution transfer part or all of the unencumbered appropriation balance from one
department or major organizational unit to the appropriation for other departments or
major organizational units. The City Manager may transfer part or all of any
unencumbered appropriation balances among programs within a department or
organizational unit and shall report such transfers to the Council in writing prior to
the next Council meeting.
12 05-23-2006 Amended
e. Limitation; Effective Date. No appropriation for debt service may be reduced or
transferred, and no appropriation may be reduced below any amount required by law
to be appropriated or by more than the amount required by law to be appropriated or
by more than the amount of the unencumbered balance thereof. The emergency
appropriations and reduction or transfer of appropriations authorized by this section
may be made effective immediately upon adoption.
Section 4.07 – Lapse of Appropriations. Every appropriation shall lapse at the close of the
fiscal year to the extent that it has not been expended or encumbered.
Section 4.08 – Administration of Budget. The City Council shall provide by ordinance the
procedures for administering the budget.
Section 4.09 – Overspending of Appropriations Prohibited. No payment shall be made or
obligation incurred against any allotment or appropriation except in accordance with
appropriations duly made and unless the City Manager or the City Manager’s designee first
certifies that there is a sufficient unencumbered balance in such allotment or appropriation and
that sufficient funds therefrom are or will be available to cover the claim or meet the obligation
when it becomes due and payable. Any authorization of payment or incurring of obligation in
violation of the provisions of this Charter shall be void and any payments made illegal. A
violation of this provision shall be cause for removal of any employee or officer who knowingly
authorized or made such payment or incurred such obligation. Such employee or officer may
also be liable to the City for any amount so paid. Except where prohibited by law, however,
nothing in this Charter shall be construed to prevent the making of improvements to be financed
wholly or partly by the issuance of bonds or to prevent the making of any contract or lease
providing for payments beyond the end of the fiscal year, but only if such action is made or
approved by ordinance.
Section 4.10 – Public Records. Copies of the budget, and appropriation and revenue ordinances
shall be public records and shall be made available to the public at suitable places in the City.
ARTICLE V
Elections
Section 5.01 – City Elections.
a. Regular Elections. The regular city election shall be held at the time established by
state law or as established by ordinance of the City Council.
b. Registered Voter Defined. All citizens legally registered under the Constitution and
laws of the State of South Dakota to vote in the City shall be registered voters of the
City within the meaning of this Charter.
13 05-23-2006 Amended
c. Conduct of Elections. The provisions of the general election laws of the State of
South Dakota shall apply to elections held under this Charter or as set forth in any
ordinance adopted by the City Council. All elections provided for by this Charter
shall be conducted by the election authorities established by law. Candidates shall
run for office without party designation. For the conduct of City elections, for the
prevention of fraud in such elections and for the recount of ballots in cases of doubt
or fraud, the City Council shall adopt ordinances consistent with law and this Charter,
and the election authorities may adopt further regulations consistent with law and this
Charter and the ordinances of the Council. Such ordinances and regulations
pertaining to elections shall be publicized in the manner of City ordinances generally.
Section 5.02 – Initiative and Referendum. The powers of initiative and referendum are hereby
reserved to the electors of the City. The provisions of the election law of the State of South
Dakota, as they currently exist or may hereafter be amended or superseded, shall govern the
exercise of the powers of initiative and referendum under this Charter.
ARTICLE VI
Brookings Municipal Utilities and
Brookings Municipal Hospital
Section 6.01
a. Management and Control of Brookings Municipal Utilities. The management and
control of the Brookings Municipal Utilities is vested in the Utility Board as
established by a vote of the Brookings city voters on April 14, 1970. The Utility
Board may take any and all action it deems advisable in the furtherance of any
utilities or enterprises now existing or hereafter acquired under its control including
the borrowing of money, issuance of bonds and other forms of indebtedness.
b. Management and Control of Brookings Municipal Hospital. The management and
control of the Brookings Municipal Hospital is vested in a Hospital Board as
established by Chapter 18 of the Code of Ordinances of the City of Brookings. The
Hospital Board may take any and all action it deems advisable in the furtherance of
the hospital or its related facilities under its control including the borrowing of
money, issuance of bonds and other forms of indebtedness.
14 05-23-2006 Amended
ARTICLE VII
General Provisions
Section 7.01 – Conflicts of Interest; Board of Ethics.
a. Conflicts of Interest. The use of public office for private gain is prohibited. The City
Council shall implement this prohibition by ordinance. Regulations to this end shall
include but not be limited to: acting in an official capacity on matters in which the
official has a private financial interest clearly separate from that of the general public;
the acceptance of gifts and other things of value; acting in a private capacity on
matters dealt with as a public official, the use of confidential information; and
appearances by city officials before other city agencies on behalf of private interests.
The appearance of impropriety shall be avoided. Municipal officials shall be, at a
minimum, restricted from conflict of interest to the same extent that state public
officials are bound by state law; provided however, that the City Council may adopt
an ordinance setting a stricter standard.
Section 7.02 – Prohibitions.
a. Activities Prohibited.
1. No person shall be appointed to or removed from, or in any way favored or
discriminated against with respect to any city position or appointive city
administrative office because of race, gender, sexual orientation, age, handicap,
religion, country of origin, or political affiliation.
2. No person shall willfully make any false statement, certificate, mark, rating, or
report in regard to any test, certification, or appointment under the provisions of
this Charter or the rules and regulations made thereunder, or in any manner
commit or attempt to commit any fraud preventing the impartial execution of such
provisions, rules and regulations.
3. No person who seeks appointment or promotion with respect to any city position
or appointive city administrative office shall directly or indirectly give, render, or
pay any money, service, or other valuable thing to any person for or in connection
with any test, appointment, proposed appointment or proposed promotion.
4. No person shall knowingly or willfully solicit or assist in soliciting any
assessment, subscription, or contribution for any political party or political
purpose to be used in conjunction with any city election from any city employee.
5. No city employee shall, directly or indirectly, contribute money or anything of
value to or render service in behalf of the candidacy of any candidate for
nomination or election to any City office. The expression of private or personal
views concerning candidates for political office is not prohibited hereby.
15 05-23-2006 Amended
Violation of this section shall be grounds for discharge or other disciplinary
action.
b. Penalties. Any violation of this section shall be sufficient cause for the suspension,
demotion, or termination of the employment of any City employee found to be in
violation of this section. The City Council shall establish by ordinance such further
penalties as it may deem appropriate.
ARTICLE VIII
Charter Amendment
Section 8.01 – Proposal of Amendment. Amendments to this Charter may be framed and
proposed:
a. In the manner provided by law, or
b. By ordinance of the City Council containing the full text of the proposed amendment
(except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot be so amended) and
effective upon adoption, or
c. By report of a charter commission created by ordinance, or
d. By the voters of the city, when any 15 qualified voters initiate proceedings to amend
the Charter by filing with the City Clerk an affidavit stating they will constitute the
petitioners’ committee and be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the proposed charter
amendment. Promptly after the affidavit of the petitioners’ committee is filed, the
Clerk shall issue the appropriate petition blanks to the petitioners’ committee. The
petitions shall contain or have attached thereto throughout their circulation the full
text of the proposed charter amendment and must be signed by registered voters of
the City in the number of at least ten percent of those individuals actually voting in
the City in the preceding gubernatorial election.
Section 8.02 – Election. Upon delivery to other City election authorities of the report of a
charter commission pursuant to Section 8.01(c) or delivery by the City Clerk of an adopted
ordinance proposing an amendment pursuant to Section 8.01(b) or a petition finally determined
sufficient to propose an amendment pursuant to Section 8.01(d), the election authorities shall
submit the proposed amendment to the voters of the City in an election. Such election shall be
announced by a notice containing the complete text of the proposed amendment and published in
one or more newspapers of general circulation in the City at least 30 days prior to the date of the
election. If the amendment is proposed by petition, the amendment may be withdrawn at any
time prior to the 13th day preceding the day scheduled for the election by filing with the City
Clerk a request for withdrawal signed by at least two-thirds of the members of the petitioners’
16 05-23-2006 Amended
committee. The election shall be held not less than 60 and not more than 120 days after the
adoption of the ordinance or report or the final determination of sufficiency of the petition
proposing the amendment. If no regular election is to be held within that period, the City
Council shall provide for a special election on the proposed amendment; otherwise, the holding
of a special election shall be as specified in the state election law.
Section 8.03 – Adoption of Amendment. If a majority of the registered voters of the City
voting upon a proposed charter amendment vote in favor of it, the amendment shall become
effective at the time fixed in the amendment, or if no time is therein fixed, 30 days after the
initial canvas certifying its adoption by the voters.
ARTICLE IX
Transition/Separability Provision
Section 9.01 – Officers and Employees.
a. Rights and Privileges Preserved. Nothing in this Charter except as otherwise
specifically provided shall affect or impair the rights or privileges of persons who are
city officers or employees at the time of its adoption.
b. Continuance of Office or Employment. Except as specifically provided by this
Charter, if at the time this Charter or any amendment thereof takes full effect a City
administrative officer or employee holds any office or position which is or can be
abolished by or under this charter, he or she shall continue in such office or position
until the taking effect of some specific provision under this Charter directing that he
or she vacate the office or position.
c. Personnel System. An employee holding a city position at the time this Charter takes
full effect, who was serving in that same or a comparable position at the time of its
adoption, shall not be subject to competitive tests as a condition of continuance in the
same position but in all other respects shall be subject to the personnel system
provided for in Article III.
Section 9.02 – Departments, Offices and Agencies.
a. Transfer of Powers. If a City department, office or agency is abolished by this
Charter, the powers and duties given it by law shall be transferred to the City
department, office or agency designated in this charter or, if the charter makes no
provision, designated by the City Council.
b. Property and Records. All property, records and equipment of any department, office
or agency existing when this Charter or any amendment thereof is adopted shall be
transferred to the department, office or agency assuming its powers and duties, but, in
the event that the powers or duties are to be discontinued or divided between units or
17 05-23-2006 Amended
in the event that any conflict arises regarding a transfer, such property, records or
equipment shall be transferred to one or more departments, offices or agencies
designated by the City Council in accordance with this Charter.
Section 9.03 – Pending Matters. All rights, claims, actions, orders, contracts and legal
administrative proceedings shall continue except as modified pursuant to the provisions of this
Charter and in each case shall be maintained, carried on or dealt with by the City department,
office or agency appropriate under this Charter.
Section 9.04 – State and Municipal Laws.
a. In General. All City ordinances, resolutions, orders and regulations which are in
force when this amended Charter becomes effective shall continue except any
ordinance is repealed to the extent it is inconsistent with this Charter or of ordinances
or resolutions adopted pursuant thereto. To the extent that the Constitution and laws
of the State of South Dakota permit, all laws relating to or affecting this City or its
agencies, officers or employees which are in force when this Charter becomes fully
effective are superseded to the extent that they are inconsistent or interfere with the
effective operation of this Charter or of ordinances or resolutions adopted pursuant
thereto.
Section 9.05 – Schedule.
a. Transition and Election Schedule. Three (3) members of the City Council and the
Mayor shall be elected at the regular city election in 2003, with two (2) members of
the City Council elected to serve until the regular city election in 2004, after which
the three (3) year terms of their successors shall begin, and one (1) member and the
Mayor elected to serve until the regular city election in 2006 after which the three (3)
year terms of their successors shall begin.
Three (3) members of the City Council shall be elected at the regular city
election in 2005, with one (1) member of the City Council elected to serve until the
regular city election in 2006, after which the three (3) year term of their successor
shall begin, and two (2) members elected to serve until the regular city election in
2008 after which the three (3) year terms of their successors shall begin.
At the regular city election in 2006 and thereafter vacancies shall be filled for
three year terms with regular city elections being held annually.
b. Temporary Ordinances. In adopting ordinances as provided in Section 9.05(c), the
City Council shall follow the procedures prescribed in Article II, except that at its
first meeting or any meeting held within 60 days after the first City Council meeting
of this Charter, the Council may adopt temporary ordinances to deal with cases in
which there is an urgent need for prompt action in connection with the transition of
government and in which the delay incident to the appropriate ordinance procedure
would probably cause serious hardship or impairment of effective city government.
18 05-23-2006 Amended
Every temporary ordinance shall be plainly labeled as such but shall be introduced in
the form and manner prescribed for other adopted ordinances. A temporary
ordinance shall become effective upon adoption or at such later time preceding
automatic repeal under this subsection as it may specify, and the referendum power
shall not extend to any such ordinance. Every temporary ordinance, including any
amendments made thereto after adoption, shall automatically stand repealed as of the
91st day following the date on which it was adopted, renewed or otherwise continued
except by adoption in the manner prescribed in Article II of this Charter for
ordinances of the kind concerned.
c. Initial Expenses. The initial expenses of the City Council, including the expense of
recruiting a City Manager, shall be paid by the City on warrants signed by the Mayor
and Clerk.
Section 9.06 – Separability. If any provision of this Charter is held invalid, the other provisions
of the Charter shall not be affected thereby. If the application of the Charter or any of its
provisions to any person or circumstance is held invalid, the application of the Charter and its
provisions to other persons or circumstances shall not be affected thereby.
19 05-23-2006 Amended
Amendments
• May 23, 2006 – City Council approved Ordinance No. 17-06, an Ordinance Amending
Section 7.02 of the Charter of the City of Brookings, SD, and pertaining to Prohibited
Discrimination of the City of Brookings, SD.
20 05-23-2006 Amended
Resolutions
• December 14, 2010 – City Council approved Resolution No. 110-10, a Resolution
establishing Special Meeting Compensation for Council Members of the City of
Brookings. (see attached Resolution)
• April 24, 2012 – City Council approved Resolution No. 69-12, a Resolution Revising
Compensation for the Mayor and Council Members of the City of Brookings. (see
attached Resolution)
Resolution No. I I 0-1 0
Resolution Establishing Special Meeting Compensation
for Council Members of the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota that for each special
meeting of the City Council, the Council Members shall be paid a stipend of $75.00, in addition
to the annual compensation as established in Section 2.04 of the City Charter.
In accordance with City Charter Section 2.04, this resolution shall not become effective until
the first regular meeting in May, 20 I I.
Passed and approved on the 14'h day of December, 20 I 0.
CITY OF BROOKINGS
Tim Reed, Mayor
Resolution No. 69-12
Resolution Revising Compensation
for the Mayor and Council Members of the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota that the annual
salary for Council Members of the City Council shall be $7,200 and shall be $9,600 for the
Mayor.
In accordance with City Charter Section 2.04, this resolution shall not become effective
until the first regular meeting in May, 2012.
Passed and approved on the 24th day of April, 20 12.
CITY OF BROOKINGS
Tim Reed, 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 21-0260,Version:1
Executive Session, pursuant to SDCL 1-25-2.1 for purposes of 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; and SDCL 1-
25-2.3 for consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive
or closed meetings may be held for the sole purposes of:
1)Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3)Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4)Preparing for contract negotiations or negotiating with employees or employee
representatives;
5)Discussing marketing or pricing strategies by a board or commission of a business owned by
the state or any of its political subdivisions, when public discussion may be harmful to the
competitive position of the business; or
6)Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).
However, any official action concerning such matters shall be made at an open official meeting. An
executive or closed meeting shall be held only upon a majority vote of the members of the public
body present and voting, and discussion during the closed meeting is restricted to the purpose
specified in the closure motion. Nothing in § 1-25-1 or this section prevents 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.
City of Brookings Printed on 5/13/2021Page 1 of 1
powered by Legistar™