HomeMy WebLinkAbout2021_05_25 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 25, 2021
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Executive Session
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.
ID 21-0258
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
6:00 PM REGULAR MEETING
4. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion, unless a member of the
Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
Page 1 City of Brookings
May 25, 2021City Council Meeting Agenda - Final
4.A. Action to approve the agenda.
Action to approve the May 11 and May 18, 2021 City Council minutes.ID 21-02564.B.
5/11/2021 Minutes
5/18/2021 Minutes
Attachments:
Action on City Council Ex-Officio Appointments.ID 21-02094.C.
Action on Annual Malt Beverage Alcohol License Renewals.ID 21-01754.D.
Malt License RenewalsAttachments:
Action on Resolution 21-042, a Resolution declaring surplus property for
the City of Brookings.
RES 21-0424.E.
ResolutionAttachments:
5. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
6. Open Forum/Presentations/Reports:
6.A. 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.
1st Quarter CFO Report.ID 21-02696.B.
Q1 ReportAttachments:
7. Contracts/Change Orders:
Action on Resolution 21-046, a Resolution approving of the Swiftel Center
Venue Management Agreement Between the City of Brookings, and
Spectra Venue Management.
RES 21-0467.A.
Memo
Resolution
Agreement
Presentation
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 2 City of Brookings
May 25, 2021City Council Meeting Agenda - Final
8. Ordinance First Readings:
The title of the Ordinance is read. No vote is required on the first reading of an
Ordinance. Public Comment and Council discussion is permitted. The date for the
second reading is announced.
Introduction and First Reading on Ordinance 21-010, an Ordinance to
Change the Zoning Within the City of Brookings, rezoning 5.75 acres
(generally located along the 1500 and 1600 block of Main Avenue South)
from a Residence R-1A Single-Family District to a Business B-2A Office
District. Public Hearing: June 8, 2021.
ORD 21-0108.A.
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Attachments:
Introduction and First Reading on Ordinance 21-011, an Ordinance to
Change the Zoning Within the City of Brookings, rezoning Lot 11A, Block 6
of Folsom's Addition (also known as 204 1st Street South) from an
Industrial I-1 Light District to a Business B-3 Heavy District. Public
Hearing: June 8, 2021.
ORD 21-0118.B.
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Attachments:
Page 3 City of Brookings
May 25, 2021City Council Meeting Agenda - Final
Introduction and First Reading on Ordinance 21-014, an Ordinance to
Change the Zoning within the City of Brookings, rezoning Lot 1, Block 2 of
Folsom Addition (also known as 530 1st Street South) and Lots 2 and 3,
Block 2 of Folsom Addition (also known as 110 6th Avenue South) from an
Industrial I-1 Light District to a Business B-3 Heavy District. Public
Hearing: June 8, 2021.
ORD 21-0148.C.
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Attachments:
Introduction and First Reading on Ordinance 21-018, an Ordinance to
permit by Conditional Use an Office in a Residence R-2 Two-Family
District on the South 105 Feet of Lot 1 in Block 7 of Morehouse Addition,
also known as 903 8th Street. Public Hearing: June 8, 2021.
ORD 21-0188.D.
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Attachments:
9. Public Hearings and Second Readings: None
10. Other Business:
Action on Resolution 21-044, a Resolution Authorizing the Retirement
Brookings Municipal Utility Bonds (2005).
RES 21-04410.A.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 4 City of Brookings
May 25, 2021City Council Meeting Agenda - Final
Action on Resolution 21-045, a Resolution Authorizing the Retirement of
Brookings Municipal Utility Bonds (2011).
RES 21-04510.B.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-041, a Resolution Declaring Jurisdictional Change
of a Portion of 214th Street (20th Street South).
RES 21-04110.C.
Memo
Resolution
Aurora Township Resolution
Trenton Township Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on Resolution 21-043, a Resolution Repealing Resolution 21-024
Pertaining to Safety Recommendations to Reduce the Spread of
COVID-19 in the City of Brookings, South Dakota.
RES 21-04310.D.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action to appoint City Council Member, effective 5/26/2021-4/30/2022.ID 21-025710.E.
Memo
Resolution 90-10: City Council Policy - Council Vacancies
City Charter
Code of Ethics - Council Member
Press Release
Application
Process and Timeline
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action to appoint the Deputy Mayor.ID 21-027210.F.
Action: Motion to Nominate, Request Public Comment, Roll Call
City of Brookings Progress Report.ID 21-027311.
12. 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.
Page 5 City of Brookings
May 25, 2021City Council Meeting Agenda - Final
13. Adjourn.
Brookings City Council: Oepke Niemeyer, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Joey Collins, Holly Tilton Byrne, Nick Wendell, and VACANT
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 6 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 21-0258,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.
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 5/20/2021Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0256,Version:1
Action to approve the May 11 and May 18, 2021 City Council minutes.
Attachments:
05/11/2021 Minutes
05/18/2021 Minutes
City of Brookings Printed on 5/20/2021Page 1 of 1
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Brookings City Council
May 11, 2021 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 11, 2021 at 6:00 PM, at
the City & County Government Building Chambers with the following City Council
members present: Mayor Oepke Niemeyer, Council Members Patty Bacon, Leah Brink,
Joey Collins, Holly Tilton Byrne, and Nick Wendell. City Attorney Steve Britzman, City
Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Oath of Office and Certificates of Election. Outgoing Mayor Keith Corbett presented
the Certificate of Election and Oath of Office to incoming Mayor Oepke Niemeyer.
Mayor Niemeyer presented the Certificate of Election and Oath of Office to City Council
Members Patty Bacon and Nick Wendell.
Consent Agenda. A motion was made by Council Member Brink, seconded by Council
Member Wendell, to approve the Consent Agenda. The motion carried by the following
vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
4.A. Action to approve the agenda.
4.B. Action to approve the April 27, 2021 City Council Minutes.
Resolution 21-030. A motion was made by Council Member Wendell, seconded by
Council Member Collins, that Resolution 21-030, a Resolution Awarding Bids on Project
2021-04STI Swiftel Pavement Reconstruction Project, be approved. The motion carried
by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and
Collins.
Resolution 21-030 - Resolution Awarding Bids on
2021-04STI Swiftel Pavement Reconstruction Project
Whereas, the City of Brookings opened bids for Project 2021-04STI Swiftel Pavement
Reconstruction Project on Tuesday, April 27, 2021 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bids for the 2021-04STI
Swiftel Pavement Reconstruction Project: Alternative A (Asphalt Paving): Bowes
Construction - $76,282.25 and Alternative B (Concrete Paving): Timmons Construction -
$109,532.50;
Now Therefore, Be It Resolved that the low bid $109,532.50 from Timmons
Construction for Alternative B (Concrete Paving) be accepted.
Ordinance 21-015. A public hearing was held on Ordinance 21-015, an Ordinance
rezoning 21625 471st Avenue, from a Joint Jurisdiction Agriculture (JJ-A) District and
Joint Jurisdiction Residence (JJ-R1B) Single-family District to a Joint Jurisdiction
Business (JJ-B3) Heavy District. A motion was made by Council Member Brink,
seconded by Council Member Wendell, that Ordinance 21-015 be approved. The
motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, and Collins.
Ordinance 21-016. A public hearing was held on Ordinance 21-016, an Ordinance
amending Chapter 51, Subdivision Regulations, Pertaining to Section 51-42, 51-64, and
51-65. A motion was made by Council Member Brink, seconded by Council Member
Wendell, that Ordinance 21-016 be approved. The motion carried by the following vote:
Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins .
Ordinance 21-017. A public hearing was held on Ordinance 21-017, an Ordinance
repealing Section 94-165 - SDSU Campus Edge Neighborhood Design Review Overlay
District and replacing it with Commercial Corridor Design Review Overlay District. A
motion was made by Council Member Wendell, seconded by Council Member Bacon,
that Ordinance 21-017 be approved. The motion carried by the following vote: Yes: 6 -
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins .
On-Off Sale Malt License – Casino 2000. A public hearing was held on a request for
an On-Off Sale Malt License for Behrend Management, Inc., dba Casino 2000, Brooks
Behrend, owner, 622 25th Avenue South, Suite B Legal description: Block 12 of
Telkamp Addition, Suite B. Pending permit issuance and final inspection per the
Community Development Dept. A motion was made by Council Member Brink,
seconded by Council Member Collins, that the On-Off Sale Malt License be approved.
The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell,
Tilton Byrne, and Collins.
Video Lottery Request – Casino 2000. A public hearing was held on a request for
Video Lottery for Behrend Management, Inc., dba Casino 2000, Brooks Behrend,
owner, 622 25th Avenue South. Legal description: Block 12 of Telkamp Addition, Suite
B. Pending permit issuance and final inspection per the Community Development Dept.
A motion was made by Council Member Brink, seconded by Council Member Wendell,
that the Video Lottery request be approved. The motion carried by the following vote:
Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins .
On-Off Sale Malt Transfer. A public hearing was held on a request to transfer an On-
Off Sale Malt License, with Video Lottery, from ERL LLC, dba The Depot, Kathy
McClemans and Robb McClemans owners, to MG Oil Company, dba The Depot
Casino, Marlyn Erickson and Troy Erickson, owners, 921 20th Street South. Legal
description: Lot 7B, Block 13, McClemans Addition. A motion was made by Council
Member Brink, seconded by Council Member Wendell, that the On-Off Sale Malt
License transfer, with Video Lottery, be approved. The motion carried by the following
vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-029. A public hearing was held on Resolution 21 -029, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On -Sale Wine
Operating Agreement for MG Oil Company, dba Corner Pantry #19, Marlyn Erickson
and Troy Erickson, owners, 921 20th Street South. Legal description: Lot 7B, Block
13, McClemans Addition. A motion was made by Council Member Brink, seconded by
Council Member Wendell, that Resolution 21-029 be approved. The motion carried by
the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-029 - MG Oil Company, dba Corner Pantry #19,
On-Sale Wine Operating Agreement
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City
Council hereby approves a Lease Agreement for the Operating Alcohol Management
Agreement for Wine between the City of Brookings and MG Oil Company, dba Corner
Pantry #19, Marlyn Erickson and Troy Erickson, owners, for the purpose of a wine
manager to operate the on-sale establishment or business for and on behalf of the City
of Brookings at 921 20th Street South: legal description: Lot 7B, Block 13, McClemans
Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for a period of five (5) years and
renewal for another five (5) years.
Resolution 21-034. A motion was made by Council Member Bacon, seconded by
Council Member Brink, that Resolution 21-034, Contingency Funds Transfer to 2021’s
Budget – July 4th Fireworks, be approved. The motion carried by the following vote:
Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins .
Resolution 21-034 - A Resolution Transferring City Manager
Contingency Funds to City Departments
Whereas, the City of Brookings hereby transfers City Manager’s contingency funds to
fund unplanned operational obligations of the municipality. This resolution is for the
purpose of completing a transfer of contingency funds to the following accounts:
284 Fund – 3B
284-000-5-856-48 4th of July Fireworks Display $ 10,000.00
Total Transfers $ 10,000.00
The Financing Source for this transfer is from the following account:
101-405-5-856-99 Contingency Fund $ 10,000.00
Total Source of Funding $ 10,000.00
Whereas, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the
City Council and members of the public.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Wendell, that the meeting be adjourned at 6:33 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Oepke G. Niemeyer, Mayor
__________________________
Bonnie Foster, City Clerk
Brookings City Council
May 18, 2021 (unapproved)
The Brookings City Council held a Study Session on Tuesday, May 18, 2021 at 5:30
PM, at the Brookings City & County Government Center Chambers with the following
City Council members present: Mayor Oepke Niemeyer; City Council Members Patty
Bacon, Nick Wendell, Joey Collins, Leah Brink, and Holly Tilton Byrne. City Attorney
Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also
present.
Action to approve the agenda. A motion was made by Council Member Wendell,
seconded by Council Member Brink, that the agenda be approved. The motion carried
by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and
Collins.
Update on Parks Master Plan. Leon Younger and William Younger, Pros Consulting,
Inc., presented a summary of key findings of the public engagement, level of service,
and park assessment portions of the Parks Master Plan work to the City Council and
public.
Discussion on Medical Marijuana. 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. Jake Meshke, Assistant City Manager,
Steve Britzman, City Attorney, and Mike Struck, Community Development Director,
presented information, considerations, and draft ordinances related to the
implementation of medicinal marijuana in Brookings to the City Council and public.
Discussion with City Council Applicants. Applicants Bradley Walker, Nate Holden,
Julie Erickson, Brianna Doran, and Wayne Avery provided information and responded
to questions from the City Council. The City Council is scheduled to vote on the
appointment at the May 25, 2021 City Council meeting.
Open Forum. Zeno Wicks proposed the following idea for Bike Lanes through the City
of Brookings utilizing the Bike Trail System: take 8th Street from the Veterans Memorial
to AGR / Farmhouse, then take 12th Street from the railroad tracks to SDSU. Also
recommends two 1-way streets: 10th Street and 11th Street. Wicks proposed this could
resolve some of the lost parking along 12th Street.
Executive Session. A motion was made by Council Member Brink, seconded by
Council Member Wendell, to enter into Executive Session at 7:34 p.m. 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, with
the City Council, City Manager, City Attorney, and City Clerk present. Council Member
Brink was absent.; 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, with the City Council, City Manager, City Attorney, City Clerk, City Engineer
Jackie Lanning, Assistant City Engineer Thad Drietz, Public Works Director DJ Buthe,
and Lee Kaffar, HDR Engineering, present Council Member Brink was absent. The
motion carried by a unanimous vote.
A motion was made by Council Member Bacon, seconded by Council Member
Tilton Byrne, to exit Executive Session at 8:23 p.m. The motion carried by a
unanimous vote.
Adjourn.A motion was made by Council Member Wendell, seconded by Council
Member Bacon, that this meeting be adjourned at 8:24 p.m. The motion carried by an
unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Oepke G. Niemeyer, Mayor
__________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0209,Version:1
Action on City Council Ex-Officio Appointments.
Summary:
Mayor Niemeyer recommends the following appointments:
·Brookings County & City Joint Jurisdictional Committee
Mayor Oepke Niemeyer
Council Member Holly Tilton Byrne
·Brookings Health System Board of Trustees
Council Member Patty Bacon
Council Member Leah Brink
·Brookings Municipal Utilities
Mayor Oepke Niemeyer
Council Member Joey Collins
·BEDC Board
Council Member Nick Wendell
·BEDC Investment Committee
Council Member Leah Brink
Mayor Oepke Niemeyer
Council Member Patty Bacon
·Joint Powers Board
Council Member Nick Wendell
Council Member Leah Brink
City of Brookings Printed on 5/20/2021Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0175,Version:1
Action on Annual Malt Beverage Alcohol License Renewals.
Summary:
Enclosed for Council review and action are the On-Off Sale Malt Alcohol License renewals for fiscal
year 7/1/2021 to 6/30/2022. After Council action, applications will be forwarded to the State
Department of Revenue for final action and issuance of licenses.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any
applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing
license shall submit an application to the governing body of the municipality in which the applicant
intends to operate, or if outside the corporate limits of a municipality, to the governing body of the
county in which the applicant intends to operate. The applicant shall submit the required fee with the
application. The governing body may approve the application for a new retail license or the transfer of
an existing license if the governing body considers the applicant suitable to hold the license and the
proposed location is suitable.
The governing body may disapprove an application for a new retail license or the transfer of an
existing license issued under subdivision 35-4-2(4), (6), or (13) if:
1)The approval of the application permits a person, corporation, or business entity to possess
more than one-third of the licenses available to be issued in the jurisdiction; and
2)The governing body determines that possession of more than one-third of licenses available is
not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal or county
governing body without a hearing unless in the past year the licensee or one or more of the
licensee's employees have been subjected to a criminal penalty for violation of the alcoholic
beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, §
5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL
1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch
213, § 12.
Recommendation:
Staff recommends approval.
Attachments:
License Renewals
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Malt License Renewals
On-Off Sale Malt (retail):
Agua Fresh, 420 Main Ave
Aramark/McCrory Gardens Visitors Center, 16th St. & 22nd Ave.
BP of Brookings, 2420 6th St., Suite A and B
Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22 nd Ave. So.
BVG Backyard Grill, 1805 6th St
Carpy’s Pub, 700 22nd Ave. So.
Casey’s General Store #1694, 620 8th St. So.
Casey’s General Store #2198, 122 6th St. W.
Casey’s General Store #2419, 534 22nd Ave. So.
Casino 2000, 622 25th Ave.
CHS, Inc., dba Cenex Zip Trip #63, 1005 6th St.
CHS, Inc., dba Cenex Zip Trip #64, 3045 LeFevre Dr.
The Children’s Museum of South Dakota, 521 4 th St.
The Clothes Line Lounge, 727 Wilson Ave. (inactive)
Corner Pantry #24, 600 6th St.
Cubby’s Sports Bar & Grill, 307 Main Ave.
Danny’s, 703 Main Ave. So.
The Depot Casino, 919 20th St. So.
Deuces Casino, 223 6th St., Suite 105A
Deuces Casino, 223 6th St., Suite 105B
Deuces Casino, 223 6th St., Suite 105C
EdgeBrook Golf Course, 1415 22nd Ave. So.
El Tapatio, Inc., 1717 6th St., Suite F
Eponymous Brewing Co., 126 Main Ave. So.
Flavor International Restaurant & Grocery, 501 Main Ave.
George’s Pizza, Inc., 311 Main Ave.
Guadalajara Mexican Restaurant, 1715 6th St
Hy-Vee Food Store, 790 22nd Ave. So.
Hy-Vee Gas, 716 22nd Ave. So.
Jim’s Tap, 309 Main Ave.
The Lanes, 722 Western Ave., Suite B
The Lanes, 722 Western Ave., Suite C
The Lodge, 2515 6th St.
Main Street Pub, 408 Main Ave.
New Sake, Inc., 724 22nd Ave. So.
Newman’s Convenience Store, 503 6th St.
Old Sanctuary, 928 4th St.
PNP Pub, 318 2nd St. So.
Ray’s Corner, 401 Main Ave.
Schoon’s Pump N Pak, 202 S. Main Ave.
Schoon’s PNP Pub South, 1203 Main Ave. So.
Skinner’s Pub, 300 Main Ave.
South Main Casino & Pub, 615 Main Ave. So.
Sully’s Irish Pub, 421 Main Ave.
Swiftel Center, 824 32nd Ave.
Tee’d Off Golf, 2508 Wilbert Court, Suite B
Wal-Mart Supercenter #1538, 2233 6th St.
Wilbert’s, 931 25th Ave.
The Wild Hare, 303 3rd St.
Wooden Legs Brewing Co., 309 5th St., Suite 100
Woody’s Axe Throwing, 2508 Wilbert Court, Suite C
Yessica’s Restaurant, 1300 Main Ave. So.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-042,Version:1
Action on Resolution 21-042, a Resolution declaring surplus property for the City of Brookings.
Summary:
The City of Brookings is the owner of the described equipment stated within the Resolution.
This property is being declared surplus property according to SDCL Chapter 6-13. Council action is
required to declare these items surplus.
Fiscal Impact:
The proceeds from the sale of surplus property will be delivered to the City of Brookings Finance
Officer.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 5/20/2021Page 1 of 1
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Resolution 21-042
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Public Library: One (1) 2007 Gateway E4610D (G68) (does not work); One (1) 2012
HP Convertible Minitower 8300 (HP28) (does not work); One (1) 2012 HP Convertible
Minitower 8300 (HP30) (does not work); One (1) 2012 HP EliteBook 8470 (HP31)
(internal mouse does not work); One (1) 2013 HP EliteDesk 800 GI Tower (HP38) (does
not work); One (1) 2014 HP EliteDesk 800 G1 Tower (HP40) (does not work); One (1)
2012 HP Compaq 8200 Elite E8C CMT (HP27) (does not work); One (1) 2013 HP
EliteDesk 800 G1 Tower (HP32); One (1) 2009 Netgear ProSafe GS748 48 Port Switch
(fan does not work); One (1) 2009 Netgear ProSafe GS748 48 Port Switch; One (1)
Gateway 21" monitor (stand is broken); One (1) NEC 19" monitor; One (1) HP 21"
monitor (screen has a pink horizontal stripe); One (1) Acer 19" monitor; One (1) Martin
Yale Folding Machine (does not work); One (1) 2011 Amazon Kindle Keyboard (3rd
Gen) (no plug in); One (1) 2011 Barnes & Noble Nook (no plug in); One (1) 2011
Barnes & Noble Simple Touch Nook (no plug in); One (1) 2013 HP MSM430 Access
Point - 5 total; One (1) 2013 HP Proliant Server TPS-F002 with 2 500 GB SATA drives;
One (1) Vacuum; One (1) metal storage cabinet; Two (2) desk chairs; One (1) puppet
rack; Five (5) metal carts; Two (2) wooden chairs; Two (2) 2 -drawer filing cabinets; Two
(2) padded wooden storage benches; Three (3) wooden guest chairs; One (1) Round
wooden table; Two (2) 2008 AWE Learning Computers (Dell Optiplex 755); Two (2)
plastic children’s chairs (one yellow, one orange).
Solid Waste / Landfill: 200,00 to 220,000 cubic yards of surplus clay
Park, Recreation & Forestry: 1967 Ford Tractor 4000 with cab, #394, Asset
#1010512
Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose
of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of said surplus
property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6 -13.
Passed and approved this 25th day of May, 2021.
CITY OF BROOKINGS
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
___________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0269,Version:1
1st Quarter CFO Report.
Summary:
Chief Financial Officer, Erick Rangel, will present the 1st Quarter Financial Report to the City Council
and members of the public
Attachments:
1st Quarter Financial Report
City of Brookings Printed on 5/20/2021Page 1 of 1
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CFO’s Report
Q1 2021
City of Brookings
REVENUES FY2021 B Prorated
YTD 2021 B 2021 YTD A Δ $
F/(U)Δ%
Sales Tax:
1st Penny $6,904,449 $1,733,130 $1,769,097 $35,967 2.1%
2nd Penny $6,904,449 $1,732,283 $1,769,097 $36,814 2.1%
3rd Penny $825,000 $211,339 $215,106 $3,767 1.8%
BID (Pillow Tax)$170,000 $36,144 $41,650 $5,506 15.2%
Total $14,803,898 $3,712,897 $3,794,950 $82,054 2.2%
Property Tax:$3,513,073 $117,884 $225,636 $107,752 91.4%
Grand Total $18,316,971 $3,830,780 $4,020,586 $189,806 5.0%
2
2021 First Quarter Tax Revenue
Revenue Tax Collected vs LY vs BudgetRevenue Tax Collected vs LY vs Budget
(0.6%)
Total tax collected was 5% above budget or $190K
Sales tax Revenue was (0.6%) lower than last year but 2.2% above budget or $82K
Last year’s figures do not include COVID-19 related impact as the pandemic started to affect our economy around the last week
of March
A Actuals Δ Variance B Budget
2021 1Q Tax Revenue & Other Income2021 1Q Tax Revenue & Other Income
Notes - Proration of tax revenue is based on average monthly historical timing of collections
- The sales tax reported period is for the previous month’s actual activity; thus, the reported numbers represent December’20 – February-21 economic activity
+2.2%
3
2021 First Quarter Sales Tax Revenue by Industry
Year over Year declines in the Construction, Manufacturing and
Transportation industries have been mostly offset by gains in the
Wholesale Trade, Retail Trade, Services and Finance, Insurance and Real
Estate sectors
According to local experts, the economic growth forecasted for the U.S.
economy of 6.5% in real terms is likely to be as strong if not stronger in our
region driven by the following:
—Stronger inflation readings
—Additional fiscal stimulus
—Higher agricultural commodity prices
Additional sales tax information can be found in the City’s Performance
Management Dashboard through the following link
—https://performance.envisio.com/dashboard/cityofbrookings/Goal-
8765
Category YTD YoY
Division
A Agriculture, Forestry and Fishing 39,789 10.4%
C Construction 67,848 -41.0%
D Manufacturing 171,247 -24.9%
E Transportation, Communications,
Electric, Gas, and Sanitary Services 297,880 -19.0%
F Wholesale Trade 307,914 5.8%
G Retail Trade 2,249,824 6.8%
H Finance, Insurance & Real Estate 51,256 21.8%
I Services 601,306 0.9%
O Other 339 -81.7%
T Total 3,787,402 0.1%
Source: https://www.bea.gov/data/gdp
EXPENDITURES:FY2021 B Prorated
YTD 2021 B 2020YTD A Δ $
F/(U)% Used Δ Revenue
$ F/(U)
Animal Control $168,660 27,273$ $26,578 $695 15.8%$913
Aquatic Center $402,731 20,235$ $14,890 $5,344 3.7%($123)
City Attorney $111,000 23,223$ $29,776 ($6,553)26.8%$0
City Clerk $256,523 67,515$ $53,482 $14,033 20.8%($573)
City Manager $643,745 139,313$ $151,036 ($11,723)23.5%$8
Community Development $858,237 210,557$ $191,353 $19,204 22.3%$2,581
County Reimbursement $387,400 103,064$ $34,745 $68,318 9.0%($21,620)
Finance $619,960 152,917$ $146,283 $6,634 23.6%($1,963)
Fire Department $797,643 231,436$ $268,939 ($37,503)33.7%$15,678
Forestry $396,943 98,960$ $65,444 $33,516 16.5%($525)
Government Buildings $180,521 45,130$ $87,219 ($42,088)48.3%$0
Human Resources $468,931 93,044$ $84,610 $8,434 18.0%$2,278
Hydrant Rental $102,000 17,000$ $16,627 $373 16.3%$0
Ice Arena $504,727 120,257$ $133,187 ($12,930)26.4%($8,333)
IT $381,010 75,089$ $95,091 ($20,001)25.0%$0
Library $1,166,490 226,364$ $216,500 $9,864 18.6%$3,215
Mayor & Council $113,447 18,409$ $31,149 ($12,740)27.5%$0
Parks Department $1,524,603 254,362$ $310,187 ($55,825)20.3%($7,912)
Police Department $4,015,465 835,912$ $868,155 ($32,244)21.6%($13,094)
Public Works $503,163 124,108$ $78,281 $45,828 15.6%$0
Recreation Department $476,509 124,094$ $85,223 $38,871 17.9%($3,227)
Street Department $2,411,572 556,222$ $485,426 $70,797 20.1%($656)
Subsidies/Appropriation $964,880 325,808$ $323,322 $2,486 33.5%$0
Non Departamental $423,272 63,481$ $57,818 $5,663 13.7%$89,819
Total $17,879,435 $3,953,774 $3,855,321 $98,453 21.6%$56,465
General FundGeneral Fund
4
2021 First Quarter Budget vs Actuals – General Fund
Total General Fund expense is at 21.6% of total
budget, which represents a $98.5K surplus vs
budget
A large part of this surplus is attributed to
vacancies in the Street and Police departments
Total revenues are $56K higher mainly driven
by higher other revenue such as bank
franchise and override taxes
A Actuals Δ Variance B Budget
Notes - Proration of expenses and revenue are based on a 2yr
monthly historical timing average
EXPENDITURES:FY2021 B Prorated
YTD 2021 B 2020YTD A Δ $
F/(U)% Used
CIP $11,172,369 $462,261 $791,248 ($328,987)7.1%
All Other*$26,343,518 $3,050,507 $2,967,486 $83,021 11.3%
Grand Total $55,395,322 $7,466,542 $7,614,055 ($147,513)13.7%
5
2021 First Quarter Budget vs Actuals
Overall capital project expense is at 7.1% of budget with a total spend of $791K. This number looks higher than in previous years due
to the early purchase of the Fire Department truck
Overall City spending is at 13.7% of budget, slightly higher than in previous years at this point of time
A Actuals Δ Variance B Budget
Capital Improvement Projects & OtherCapital Improvement Projects & Other
* All Other – Other Government , Special, Capital Projects and Enterprise Funds managed by the City.
Capital Improvement Spend by ProjectCapital Improvement Spend by Project
Fire Dep Capital
Exp, $539,479 ,
68%
Vehicles and
Equip Capital Exp,
$170,723 , 21%
Street & Sidewalk
Improvements,
$36,841 , 5%
Other, $44,206 ,
6%
YTD Actual YTD Budget Actual vs
Budget F/(U)
Yr/Yr Actual
F/(U)
Annual
Budget
17,050 70,265 (53,215)45,425 196,590
39,750 46,375 (6,625)45,775 196,850
80,655 190,975 (110,320)78,666 501,369
111,590 335,558 (223,968)223,873 625,766
29,820 215,828 (186,009)143,838 523,417
17,955 119,919 (101,964)54,184 231,554
108 270 (162)317 1,080
296,928 979,190 (682,262)592,077 2,276,626
(49,001)(149,516)100,515 (119,033)(311,786)
(158,410)(194,293)35,883 (188,986)(777,174)
(1,003)(5,100)4,097 (2,317)(21,080)
(22,997)(163,085)140,088 (68,704)(357,411)
(73,203)(111,664)38,461 (89,727)(356,014)
(8,864)(15,114)6,250 (10,437)(69,691)
(80,019)(94,698)14,679 (70,152)(339,118)
(28,382)(40,928)12,546 (39,176)(149,648)
(10,104)(108,092)97,988 (82,032)(286,490)
(1,924)(3,376)1,452 (8,856)(13,504)
(433,906)(885,866)451,960 (679,418)(2,681,916)
(136,978)93,324 (230,302)(87,341)(405,290)
Revenue
Reimbursed Event Expenses
Building Rent Income
Contractually Obligated Income
Other Income
Revenue Total:
Expense
Other Event Income
Food & Beverage Income - Concessions
Food & Beverage Income - Catering
Services & Operations Expense
Event Expense
General & Administrative Expense
Occupancy Expense
Cost of Goods Sold
Personnel Expense - Part-Time Event
Personnel Expense - Taxes, Benefits & Fees
Personnel Expense - Full-Time
Personnel Expense - Part-Time Support
Net Income:
Food & Beverage Expense
Expense Total:
6
2021 First Quarter Swiftel Center Profit and Loss Summary
Swiftel CenterSwiftel Center
COVID-19 materially impacted the Swiftel
Center’s budgeted revenue reducing it by 70%
or $682K during the first quarter
The Center proactively reduced its expenses
by 50% or $451K which included payroll and
personnel adjustments
Despite these efforts, the operation is running
at a $230K deficit vs budget at the end of 1Q
However, April started to rebound and the
remainder of the year is expected to improve
which should help offset the current deficit
The Center’s leadership is continuously re-
evaluating the 2021 business plan and making
adjustments where possible in order to meet
budget
7
2021 Key Funds Forecast
As a reminder, with the understanding that 2021 would still be financially impacted by COVID, the city built the following
assumptions into its 2021 budget appropriated last September:
•1st and 2nd Penny = 5.3% growth from 2020’s estimated contraction (8%) – General and CIP Funds
66% percent recovery from the previously estimated contraction
•3B “Tourism” = 17.5% growth from 2020’s estimated contraction (35%)
50% percent recovery from the previously estimated contraction
•BID “Hotel” = 25% growth from 2020’s estimated contraction (50%)
50% percent recovery from the previously estimated contraction
2021 tax revenue received in April (for March economic activity) was 16% higher than in the previous year offsetting previous year
over year declines and increasing the year to date surplus vs budget
2021 City COVID-19 Financial Response Plan2021 City COVID-19 Financial Response Plan
$%$%
1st Penny 78,992 3.4%134,258 5.9%
2nd Penny 86,580 3.7%134,959 6.0%
YoY Vs Budget
$%$%
1st Penny 78,992 3.4%134,258 5.9%
2nd Penny 86,580 3.7%134,959 6.0%
YoY Vs Budget
$%$%
3B 1,331 0.4%22,029 7.9%
BID (3,500)(5.8%)8,921 18.4%
YoY Vs Budget
$%$%
3B 1,331 0.4%22,029 7.9%
BID (3,500)(5.8%)8,921 18.4%
YoY Vs Budget
8
City Council Priority Project List
General Fund Reserves
2020 EOY Unassigned Liquid Assets Balance (unaudited)*11,779,288$
10% Variance (1,177,929)$
City Council Priority Funding Available Balance 10,601,359$
* Includes Financial Stabilization Reserves per G&E
City Council Approved Projects*Cost
2021 Facility Improvements (Budget appropriation)1,400,000$
Total CC Approved Projects 1,400,000$
*Formally Adopted
Priority Funding Available Balance After Approved 9,201,359$
Primary Projects (IN priority order)Cost
2022 Facility Improvements 1,100,000$
FD Training Tower 440,000$
Public Safety Center 7,000,000$
Housing Study 25,000$
Food Bank 300,000$
Downtown Master Plan 35,000$
Indoor Rec 850,000$
Total Unapproved Primary Projects 9,750,000$
Priority Funding after Unapproved Primary Projects (548,641)$
Secondary Projects (IN priority order)Cost
2023 Facility Improvements 1,442,050$
2024 Facility Improvements 1,756,957$
2025 Facility Improvements 2,318,312$
Parks - Bike Trails 3,460,000$
Pay Down Debt -$
Total Unapproved Secondary Projects 8,977,319$
Priority Funding after Unapproved Secondary Projects (9,525,960)$
Desired Projects (NOT in priority order)Cost
PD Training Simulator 300,000$
PD K9 Vehicle 65,000$
Streets - 3rd Street Sweeper 215,000$
Parks - Pickle ball Court 200,000$
Parks - Bridge to East Pond (DNP)30,000$
Parks - Blue Rink Dehumidification (LIA)160,000$
Parks - Floor Replacement (LIA)96,000$
Parks - Parks Maintenance Addition 600,000$
Swiftel - Outdoor Marquee (22nd Ave)41,500$
Re-Build East Lot - Larson Ice Arena 270,000$
East Lot - Swiftel Center 320,000$
Larson Park Pavilion 200,000$
Larson Park Fountain 100,000$
Total Unapproved Desired Projects 2,597,500$
9
2019 Financial Report Excellence Award
The City’s 2019 Financial Report was awarded the
Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reporting
This award is for state and local governments that go
beyond the minimum requirements of generally accepted
accounting principles to prepare comprehensive annual
financial reports that evidence the spirit of transparency
and full disclosure
It is the highest form of recognition in governmental
accounting and financial reporting
This award was achieved thanks to the hard work and
attention to detail that City’s Finance Department staff
put into every activity that impacts the City's financials
10
Questions or Comments?
Erick Rangel
CFO
605-697-8640
erangel@cityofbrookings-sd.gov
https://cityofbrookings-sd.gov/200/Finance-Department
Please contact the City of Brooking’s Chief Financial Officer :Please contact the City of Brooking’s Chief Financial Officer :
11
Appendix
12
City Council Priority Project List – Facility Improvements Detail
2021 Facility Improvements - $1.4M
Library Repairs (HVAC, Cabinet Heater, Doors, Juice Bar Cabinet Removal and Wall Repair) -$765k
Police Emergency Repairs (HVAC) - $200k
Larson Park Parking Lot - $175k
Larson Ice Arena (HVAC, Flooring) - $100k
Southbrook Restrooms - $100k
Activity Center (Windows, Fire System – ADA Compliance) - $50k
HAC Pool Heater - $38k
2022 Facility Improvements - $1.1M
Library (Air Chiller, Windows, Ceiling Tiles) - $525k
PD (Carpeting, Electrical Upgrade, Lighting (may be reduced)) - $210k
Activity Center (Electrical Upgrades) - $145k
Fire (East Station Remodel, Lighting (may go away with LED conversion energy savings project)) - $110k
Swiftel (Doors, Restroom Upgrades), Nature Park (Resealing Building), Airport (Shed Doors/Frames) - $110k
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-046,Version:1
Action on Resolution 21-046, a Resolution approving of the Swiftel Center Venue Management
Agreement Between the City of Brookings, and Spectra Venue Management.
Summary:
This Resolution authorizes the execution of the contract between the City of Brookings and Spectra
Venue Management to provide Venue Management Services for the Swiftel Center with a term
starting August 1, 2021 and ending December 31, 2026.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Agreement
Presentation
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer
Council Meeting: May 25, 2021
Subject: Approving of the Swiftel Center Venue Management
Agreement Between the City of Brookings, and
Spectra Venue Management
Person(s) Responsible: Paul Briseno, City Manager; Erick Rangel, Chief
Financial Officer
Summary:
Approval of this Resolution will authorize the execution of the contract between the City
of Brookings and Spectra Venue Management to provide Venue Management Services
for the Swiftel Center with a term starting August 1, 2021 and ending December 31,
2026.
Background:
The City requested formal proposals from qualified firms to provide venue management
services for the Swiftel Center on February 2021. A Selection Committee composed of
city employees and Swiftel Center’s Advisory Board members reviewed, analyzed, and
compared the two proposals received. The analysis included evaluating the long-term
financial impact (both to the city and to the community), treatment of current venue staff,
community support, extensive reference checks and new business opportunities
proposed among other factors.
Spectra’s proposal proved to be superior in most of these areas. Thus, the Selection
Committee as well as the City Manager recommends awarding the contract to Spectra
Venue Management.
Item Details:
When compared to the other proposal received, Spectra will cost less (allows more
investment to the facility and/or community), create greater return to the community,
grant more resources, increase attendance, provide better employee support, and has a
proven record with peer cities.
Other key aspects of Spectra’s proposal are highlighted below
1. Spectra will extend job offers to all current staff
Offers will be made at least at their current salaries with comparable
benefits.
Employee tenure will be honored in terms of benefit accrual .
Two additional resources will be hired to help manage current workloads.
2. The financial proposal is estimated to improve the City’s financial position by
$508K more than the other offer in the next five years.
3. Spectra’s variable compensation incentive fee is directly proportional to the
reduction of the City’s subsidy, if subsidy stays the same as current, no variable
incentive fee is achieved.
4. Will increase attendance in year five by 45% more than the other offer (~$1.3M
annual incremental direct spend in the community).
5. The Selection Committee conducted an extensive reference check to over 10
City-owned arenas managed by Spectra. The common feedback between all
references was that Spectra was innovative and proactive, adapted very well to
each community, met or exceeded their financial proposals, are excellent at
customer service, and that cities are very satisfied with their services.
Legal Consideration:
The City will enter into a five-year agreement with Spectra Venue Management with the
option to extend the term for an additional five (5) years.
Strategic Plan Consideration:
Financial Responsibility, Economic Growth, and Promoting an inclusive and connected
community.
Financial Consideration:
Spectra’s proposal not only will increase the economic impact to our community by
increasing attendance, but it is also estimated to improve the City’s financial position by
$1.58M within the next five years reducing the current annual subsidy level from
~$450K to $54K by year five.
In addition, Spectra will contribute $425K of capital investment with no payback as long
as the City stays with the contract for 10 years.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Memo
Resolution
Presentation
Resolution 21-046
A Resolution Approving a Management Agreement Between the City of
Brookings, South Dakota and Global Spectrum, L.P., d/b/a Spectra Venue
Management
Whereas, the City of Brookings has completed a Request for Proposals process to
obtain competitive proposals for the management of the Swiftel Center as of August 1,
2021; and
Whereas, VenuWorks and Spectra Venue Management submitted proposals in
response to the Request for Proposals for Swiftel Center Management Services; and
Whereas, the City of Brookings established a Request for Proposal procedure which
included a Selection Committee to evaluate firms offering to provide Swiftel Center
Management Services; and
Whereas, following the consideration of written responses and interviews, the Selection
Committee recommends that the City engage Spectra Venue Management to provide
management services for the Swiftel Center; and
Whereas, Spectra Venue Management is engaged, among other things, in the business
of providing management services, including operations and marketing services for
venues similar to the Swiftel Center; and
Whereas, the City desires to engage Spectra Venue Management, and Spectra Venue
Management desires to accept the engagement, to provide management services for
the Swiftel Center pursuant to the terms and conditions set forth in a Management
Agreement; and
Whereas, the City and Spectra Venue Management intend to work in mutual accord in
order to ensure provision of first-class management services, thereby enhancing the
public’s use and enjoyment of the Swiftel Center.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota:
a. That a Management Agreement between the City of Brookings, South
Dakota and Global Spectrum, L.P., d/b/a Spectra Venue Management is
hereby approved; and
b. The City Manager is authorized to sign the Management Agreement after
it is executed by Spectra Venue Management.
Passed and approved on the 25th day of May, 2021.
CITY OF BROOKINGS
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
MANAGEMENT AGREEMENT
between
CITY OF BROOKINGS, SOUTH DAKOTA
and
GLOBAL SPECTRUM, L.P.
d/b/a SPECTRA VENUE MANAGEMENT
Dated: As of August 1, 2021
MANAGEMENT AGREEMENT
This Management Agreement is made as of the 1st day of August, 2021 (“Effective
Date”), by and between the City of Brookings, South Dakota ("City"), and Global Spectrum, LP,
a Delaware limited partnership d/b/a Spectra Venue Management ("Manager").
RECITALS
WHEREAS, City owns a 6,500-seat arena with a 12,000 square foot conference center
attached, located in Brookings, South Dakota and known, collectively, as the Swiftel Center (the
“Facility”); and
WHEREAS, the City desires to engage Manager to manage and operate the Facility on
behalf and for the benefit of the City, and Manager desires to accept such engagement, pursuant
to the terms and conditions contained herein; and
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and
promises hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby
agree as follows:
ARTICLE 1
DEFINITIONS
Section 1.1. Definitions. For purposes of this Agreement, the following terms have
the meanings referred to in this Section:
Affiliate: A person or company that directly or indirectly, through one or more
intermediaries, controls or is controlled by, or is under common control with, a specified person
or company.
Agreement: This Management Agreement, together with all schedules and exhibits
attached hereto (each of which are incorporated herein as an integral part of this Agreement).
Capital Expenditures: All expenditures for building additions, alterations, repairs or
improvements and for purchases of additional or replacement furniture, machinery, or
equipment, where the cost of such expenditure is greater than $5,000 and the depreciable life of
the applicable item is, according to generally accepted accounting principles, is in excess of five
(5) years.
City: shall have the meaning ascribed to such term in the Recitals to this Agreement.
Commercial Rights: Naming rights, pouring rights, advertising, sponsorships, the
branding of food and beverage products for resale, premium seating (includ ing suites, club seats
2
and party suites) and memorial gifts at or with respect to the Facility and owned or controlled by
the City.
Commercial Rights Fee: shall have the meaning given to such term in Section 3.3
hereof.
CPI : The “Consumer Price Index” for the Midwest Region (CPI-U Midwest Region), as
published by the United States Department of Labor, Bureau of Labor Statistics or such other
successor or similar index.
Effective Date: shall have the meaning given to such term in the opening paragraph of
this Agreement.
Emergency Repair: The repair of a condition which, if not performed immediately,
creates an imminent danger to persons or property and/or an unsafe condition at the Facility
threatening persons or property.
Event Account: A separate interest-bearing account in the name of the City and under
the City’s Federal ID number in a local qualified public depository, to be designated by the City,
where advance ticket sale revenue is deposited by Manager.
Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil
commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion,
epidemic, inability to obtain materials or supplies, accident to machinery or equipment,
epidemics or pandemics, any law, ordinance, rule, regulation, or order of any public or military
authority stemming from the existence of economic or energy controls, hostilities or war, a labor
dispute which results in a strike or work stoppage affecting the Facility or services described in
this Agreement, or any other cause or occurrence outside the reasonable control of the party
claiming an inability to perform and which by the exercise of due diligence could not be
reasonably prevented or overcome.
Existing Contracts: Service Contracts, Revenue Generating Contracts, and other
agreements relating to the day-to-day operation of the Facility existing as of the Effective Date,
as set forth on Exhibit B attached hereto.
Facility: shall have the meaning ascribed to such term in the Recitals to this Agreement,
and shall be deemed to include the entire arena complex, including but not limited to the arena,
suites, locker rooms, meeting rooms, box office, common areas, lobby areas, executive and other
offices, storage and utility facilities, as well as the entrances, ground, sidewalks and parking
areas immediately surrounding the Facility and adjacent thereto, as identified on Schedule
1hereto.
FF&E: Furniture, fixtures and equipment to be procured for use at the Facility.
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Fixed Management Fee: The fixed monthly fee the City shall pay to Manager under this
Agreement, as more fully described in Section 3.1 of this Agreement.
Food and Beverage Service: shall have the meaning given to such term in Section 12.1
hereof.
General Manager: The employee of Manager acting as the full-time on-site general
manager of the Facility.
Incentive Fee: The contingent fee the City shall pay to Manager under this Agreement, if
earned, as more fully described in Section 3.2 below.
Initial Term: shall have the meaning ascribed to such term in Section 4.1 of this
Agreement.
Laws: federal, state, local and municipal laws, statutes, rules, regulations and ordinances.
Management-Level Employees: The General Manager, Assistant General Manager,
Business Manager (or employees with different titles performing similar functions), and any
department head employed by Manager to perform services at the Facility (including, if
applicable, employees performing the function of the Director of Operations, Director of Sales
and Marketing, Director of Security, Finance Director and Event Manager).
Manager: shall have the meaning given to such term in the Recitals to this Agreement.
Marketing Plan: A plan for the advertising and promotion of the Facility and Facility
events, which may contain but not be limited to the following elements: (i) market research, (ii)
market position, (iii) marketing objectives, (iv) marketing strategies, (v) booking priorities, (vi)
targeted events - local, regional, national and international, (vii) targeted meetings, conventions
and trade shows, (viii) industry advertising campaign, (ix) internal and external support staff, (x)
advertising opportunities at the local, regional and national level, (xi) attendance at various trade
shows, conventions and seminars, (xii) incentive formulas for multiple event presenters, (xiii)
suite and club seat sales, (xiv) merchandising and retail, (xv) food and beverage, (xvi) a plan for
the sale of commercial rights, including without limitation naming rights, pouring rights,
advertising signage, sponsorships (including event sponsorships), branding of food and beverage
products for resale, premium seating (including but not limited to suites and club seats), and
memorial gifts, (xvii) a plan regarding national, regional and local public relations and media
relations, (xviii) development of an in-house advertising agency, and (xix) policies regarding the
use of trade/barter.
Net Operating Income: the amount by which Revenue exceeds Operating Expenses,
provided that for purposes of calculating the Quantitative Fee, the Fixed Management Fee shall
not be considered an Operating Expense. If Operating Expenses (excluding the Fixed
Management Fee for purposes of calculating the Quantitative Fee) exceed Revenue, then Net
Operating Income shall be shown in parenthesis to indicate it is a negative number.
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Operating Account: A separate interest-bearing account in the name of the City and
under the City’s Federal ID number in a local qualified public depository, to be designated by the
City, where Revenue is deposited and from which Operating Expenses are paid.
Operating Budget: A line item budget for the Facility that includes a projection of
Revenues and Operating Expenses, presented on a monthly and annual basis.
Operating Expenses: All expenses incurred by Manager in connection with its
operation, promotion, maintenance and management of the Facility, including but not limited to
the following: (i) employee payroll, benefits, relocation costs, severance costs, bonus and related
costs, (ii) cost of operating supplies, including general office supplies, (iii) advertising,
marketing, group sales, and public relations costs, (iv) cleaning expenses, (v) data processing
costs, (vi) dues, subscriptions and membership costs, (vii) the Fixed Management Fee, (viii)
printing and stationary costs, (ix) postage and freight costs, (x) equipment rental costs, (xi) minor
repairs, maintenance, and equipment servicing, not including expenses relating to performing
capital improvements or repairs, (xii) security expenses, (xiii) telephone and communication
charges, (xiv) travel and entertainment expenses of Manager employees, (xv) cost of employee
uniforms and identification, (xvi) exterminator, snow and trash removal costs, if applicable (xvii)
computer, software, hardware and training costs, (xviii) parking expenses, (xix) utility expenses,
(xx) office expenses, (xxi) ) audit and accounting fees, (xxii) legal fees, (xxiii) all bond and
insurance costs, including but not limited to personal property, liability, and worker’s
compensation insurance and the performance bond described in Section 11.6 below, (xxiv)
commissions and all other fees payable to third parties (e.g. commissions relating to food,
beverage and merchandise concessions services and commercial rights sales), (xxv) cost of
complying with any Laws, (xxvi) costs incurred by Manager to settle or defend any claims
asserted against Manager arising out of its operations at the Facility on behalf of City; (xxvii)
amount of any deductible or self-insured retention under insurance policies; (xxviii) costs
incurred under Service Contracts and other agreements relating to Facility operations, (xxviii) all
costs to provide Food and Beverage Service, including without limitation labor, product and
liquor licensing costs; and (xxix) Taxes.
The term “Operating Expenses” does not include debt service on the Facility (including
loans from the City to the Facility for payment of Operating Expenses, whether occurring prior
to or after the Effective Date), Capital Expenditures, Transition Costs, property taxes, insurance
on the Facility of contents within the Facility owned by City, or the Incentive Fee, all of which
costs shall be borne by City.
Operating Year: Each twelve (12) month period during the Term, commencing on
January 1 and ending on December 31, except the first (1st) Operating Year shall be a shorter
period, commencing on the Effective Date and ending on December 31, 2021.
Operations Manual: Document to be developed by Manager which shall contains terms
regarding the management and operation of the Facility, including detailed policies and
procedures to be implemented in operating the Facility, as agreed upon by both the City and the
Manager.
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Revenue: All revenues generated by Manager’s operation of the Facility, including but
not limited to event ticket proceeds income, rental and license fee income, merchandise income,
gross food and beverage income, gross income from any sale of Commercial Rights, gross
service income, equipment rental fees, box office income, and miscellaneous operating income,
but shall not include event ticket proceeds held by Manager in trust for a third party and paid to
such third party.
Revenue Generating Contracts: Vendor, concessions and merchandising agreements,
user/rental agreements, booking commitments, licenses, and all other contracts or agreements
generating revenue for the Facility and entered into in the ordinary course of operating the
Facility.
Service Contracts: Agreements for services to be provided in connection with the
operation of the Facility, including without limitation agreements for ticketing, web development
and maintenance, computer support services, FF&E purchasing services, engineering services,
electricity, steam, gas, fuel, general maintenance, HVAC maintenance, telephone, staffing
personnel including guards, ushers and ticket-takers, extermination, elevators, stage equipment,
fire control panel and other safety equipment, snow removal and other services which are
deemed by Manager to be either necessary or useful in operating the Facility.
Taxes: Any and all governmental assessments, franchise fees, excises, license and permit
fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during
the Term may be assessed, levied, or imposed on, or become due and payable out of or in respect
of, (i) activities conducted on behalf of the City at the Facility, including without limitation the
sale of concessions, the sale of tickets, and the performance of events (such as any applicable
sales and/or admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and
withholding taxes), or (ii) any payments received from any holders of a leasehold interest or
license in or to the Facility, from any guests, or from any others using or occupying all or any
part of the Facility.
Term: shall have the meaning ascribed to such term in Section 4.1 of this Agreement.
Transition Budget shall mean the budget reflecting anticipated Transition Costs attached
hereto as Exhibit E.
“Transition Costs” shall mean the out-of-pocket costs incurred, or to be incurred, by
Manager in connection with its activities related to the transition of management of the Facility
to Manager, as set forth in the Transition Budget.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Engagement.
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(a) City hereby engages Manager during the Term to act as the sole and
exclusive manager and operator of the Facility, subject to and as more fully described in this
Agreement, and, in connection therewith, to perform the services described in Exhibit A attached
hereto.
(b) Manager hereby accepts such engagement, and shall perform the services
described herein, subject to the limitations expressly set forth in this Agreement and in the
Operations Manual.
(c) In connection with its services hereunder, Manager agrees to have its
corporate and/or regional personnel travel to the Facility a total of at least twelve (12) times from
the Effective Date to December 31, 2022 to support or oversee Facility operations/personnel.
The cost of these twelve (12) visits shall be a Transition Cost and included in the Transition
Budget. Following December 31, 2022, Manager agrees to have its corporate and/or regional
personnel travel to the Facility as mutually determined by Manager and the City when the annual
Operating Budget is developed. The cost of those site visits shall be an Operating Expense. The
specific employees Manager who travel to the Facility and the length of stay shall be determined
by Manager in its reasonable discretion.
Section 2.2 Limitations on Manager’s Duties. Manager’s obligations under this
Agreement are contingent upon and subject to the City making available, in a timely fashion, the
funds budgeted for and/or reasonably required by Manager to carry out such obligations during
the Term. Manager shall not be considered to be in breach or default of this Agreement, and
shall have no liability to the City or any other party, in the event Manager does not perform any
of its obligations hereunder due to failure by the City to timely provide such funds.
ARTICLE 3
COMPENSATION
Section 3.1 Fixed Management Fee. In consideration of Manager’s performance of its
services hereunder, City shall pay Manager a Fixed Management Fee each month of the Term.
Beginning on the Effective Date and continuing through the end of the second (2nd) Operating
Year (i.e., December 31, 2022), the Fixed Management Fee shall be Six Thousand Two Hundred
Fifty Dollars ($6,250) per month. Beginning in the third (3rd) Operating Year (i.e., January 1,
2023), the Fixed Management Fee shall be increased over the Fixed Management Fee from the
previous Operating Year in accordance with the percentage increase in the CPI over the previous
twelve (12) month period Year (i.e., the difference, expressed as a percentage, between the value
of the CPI published most recently prior to the commencement of the preceding Operating Year
and the value of the CPI published most recently prior to the commencement of the Operating
Year for which the CPI adjustment will apply), provided that in no event shall the CPI increase
in any year be more than three percent (3%). The Fixed Management Fee shall be payable to
Manager in advance, beginning on the Effective Date, and payable on the first (1st) day of each
month thereafter (prorated as necessary for any partial months). Manager shall be entitled to pay
itself such amount from the Operating Account.
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Section 3.2 Incentive Fee. In addition to the Fixed Management Fee, Manager
shall be entitled to receive an Incentive Fee each full or partial Operating Year of the Term,
beginning with the Operating Year commencing January 1, 2022. The Incentive Fee shall be
comprised of both a qualitative based fee (“Qualitative Fee”) and a quantitative based fee
(“Quantitative Fee”), as follows:
(a) Qualitative Fee. Beginning with the Operating Year commencing January 1, 2022,
Manager shall be eligible to earn a Qualitative Fee of up to twenty thousand dollars
($20,000) in each Operating Year (pro-rated for any Operating Years of less than a
full 12 months based on the actual number of days elapsed in such Operating Year
out of 365), provided that in order to be eligible for the Qualitative Fee in any
Operating Year, the Facility must achieve (or improve upon) the bottom -line figure in
the Operating Budget for that Operating Year. The Qualitative Fee shall be
determined by the City, in its reasonable and good faith discretion, based on its
evaluation of Manager’s performance each Operating Year in each of the following
six (6) performance areas (with each area equal to up to the percentage of $20,000 set
forth as follows):
- Results of Customer Satisfaction Metrics (surveys, mystery shopper
results, inspections, etc.) (10%)
- Achievement of annual event/fiscal goals (10%)
- Community/Stakeholder involvement (30%)
- Corporate and/or Regional visits (10%)
- Quality of Management, Operations and Food and Beverage Service
(10%)
- Net Promoter Score (30%)
If Manager provides any information to the City on its performance in the foregoing categories,
the City shall have the right to review and investigate such information to confirm its accuracy.
(b) Quantitative Fee. Beginning with the Operating Year commencing January 1,
2022, Manager shall be entitled to receive a percentage of Net Operating Income in each
Operating Year to the extent Net Operating Income is greater than ($200,000), as set forth below.
The Quantitative Fee shall be:
25% of the Net Operating Income from ($200,000) to $0
12.5% of Net Operating Income from $0 to $200,000
17.5% of Net Operating Income in excess of $200,000
For any Operating Years of less than a full 12-months, the step scale thresholds (loss of
$200,000, loss of $0 (ie., breakeven) and profit of $200,000) shall be prorated based on the
actual number of days elapsed in such Operating Year out of 365.
The step scale thresholds shall be applied on an incremental basis and not back to dollar one.
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By way of example only, if in any Operating Year, Net Operating Income is $0 (breakeven), then
the Quantitative Fee shall be (25% x $200,000) = $50,000. If Net Operating Income is
$200,000, the Quantitative Fee shall be [(25% x $200,000) + (12.5% x $200,000)] = $75,000. If
Net Operating Income is $300,000, the Quantitative Fee shall be [(25% x $200,000) + (12.5% x
$200,000) + (17.5% x $100,000)] = $92,500
The Incentive Fee earned by Manager (both the Qualitative Fee and Quantitative Fee) shall be
paid to Manager no later than ninety (90) days following the end of each Operating Year.
Section 3.3 Commercial Rights Fee. In addition to the other fees due Manager
hereunder, the City shall pay Manager twenty percent (20%) of the Revenue from Commercial
Rights in excess of two hundred thousand dollars ($200,000) per Operating Year (“Commercial
Rights Fee”), provided that for the first (1st) Operating Year (August 1, 2021 to December 31,
2021), the $200,000 figure shall be pro-rated for 5 out of 12 months, to equal $83,333. For the
sake of clarity, the parties acknowledge that the Commercial Rights Fee shall be paid on all gross
revenue in excess of $200,000 (or, for the first Operating Year, $83,333) from the sale of
advertising signage, sponsorships, naming/title rights, sub-naming/title rights, pouring rights,
branding rights, and other Commercial Rights at the Facility, including those rights that have
been secured by the City or any third party (including the predecessor manager of the Facility)
prior to the Effective Date to the extent the Revenue from such prior sales is attributable to any
period within the Term. For purposes of this paragraph, Revenue shall include trade/barter which
results in an expense savings to the City, with such trade/barter valued at its retail price in an
arms-length transaction. The City shall have the right to approve any trade/barter valued at over
$5,000. The Commercial Rights Fee shall be paid for the full duration of all contracts for such
Commercial Rights, including any time period that extends after the end of this Agreement,
provided that if this Agreement is properly terminated by the City under Section 4.2(b) due to an
uncured breach or default by Manager, then the commission payable to Manager on Revenue
attributable to any period following the date of termination shall be reduced from twenty percent
(20%) to ten percent (10%). Payments due under this paragraph shall be made to Manager on an
annual basis, within sixty (60) days of the end of each Operating Year, with respect to Revenue
received in that year from the applicable Commercial Rights contracts. The provisions of this
paragraph shall survive expiration or termination of this Agreement, and such settlements shall
continue on an annual basis following the end of the term with respect to Revenue from
Commercial Rights received in such years until such time as all Commercial Rights Fees due
Manager under this paragraph are fully paid.
Section 3.4 Transition Costs. Promptly following the Effective Date (or prior
to the Effective Date, as applicable), Manager shall do all things reasonably necessary to
transition from the current management of the Facility to the commencement of its management
services hereunder. Manager shall incur the first twenty-five thousand dollars ($25,000) of
Transition Costs for its own account (which shall include the cost of the 12 site visits described
in Section 2.1(c) above). The City shall reimburse Manager for the Transition Costs, if any, in
excess of twenty five thousand dollars ($25,000), in accordance with the Transition Budget.
Manager shall invoice the City for such costs, and the City shall pay such costs within thirty (30)
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days of its receipt of each such invoice. Each invoice to be provided by Manager shall be
accompanied by reasonable back-up documentation evidencing the incurrence of the Transition
Costs. Manager shall provide advance notice to the City if it anticipates that Transition Costs
will exceed $25,000.
Section 3.5 Late Payments. Manager shall have the right to assess interest on
any payments of the fees described in this Section that are not made when due. Such interest
shall accrue at the rate of six percent (6%) per annum.
ARTICLE 4
TERM; TERMINATION
Section 4.1 Term. The initial term of this Agreement (the “Initial Term”) shall begin
on the Effective Date, and, unless sooner terminated pursuant to the provisions of Section 4.2
below, shall expire on December 31, 2026. The City may extend the term for an additional five
(5) years following the end of the Initial Term by providing written notice of such extension no
later than August 31, 2026. If such notice of extension is received timely by Spectra, the term
shall end on December 31, 2031. The Initial Term plus any such extension is referred to herein
as the “Term”. Notwithstanding that the Term doesn’t commence until the Effective Date, this
Agreement is binding on the parties upon full execution and delivery hereof.
Section 4.2 Termination. This Agreement may be terminated:
(a) by City upon ninety (90) days’ written notice to Manager in the event of a permanent
closure of the Facility, the fact of which is certified by the City in writing to Manager;
(b) by either party upon thirty (30) days written notice, if the other party fails to perform
or comply with any of the material terms, covenants, agreements or conditions hereof, and such
failure is not cured during such thirty (30) day notification period, provided, however, if such
failure cannot reasonably be cured within such thirty (30) day period, then a longer period of
time shall be afforded to cure such breach, up to a total of ninety (90) days, provided that the
party in default is diligently seeking a cure and the non-defaulting party is not irreparably
harmed by the extension of the cure period;
(c) by either party immediately by written notice upon the other party being judged
bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of
the other party shall be appointed and shall not be discharged within one hundred twenty (120)
days after appointment, or if either party shall make an assignment of its property for the benefit
of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for
bankruptcy under the bankruptcy or insolvency Laws now in force or hereinafter enacted,
Federal, State or otherwise, or if such petition shall be filed against either party and shall not be
dismissed within one hundred twenty (120) days after such filing; or
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(d) by the City upon no less than ninety (90) days’ prior written notice if at any time
during the this Agreement, the governing body of the City shall fail or refuse to approve or
authorize the funds needed hereunder for the following Operating Year, provided that any such
termination shall (1) only be effective upon the end of an Operating Year, (2) in the 24 months
following the effective date of such termination, the City shall not replace Manager with another
private management company, and (3) such a termination shall be without penalty to the City of
Brookings but the City shall be obligated to pay Manager amounts due hereunder up to (and
including) the date of termination, including without limitation the unamortized amount of the
First Contribution, Second Contribution and, if made, Third Contribution, as set forth in Section
11.3 below.
Section 4.3 Effect of Termination
(a) In the event this Agreement is terminated by either party for any reason
other than a breach or default by Manager under Section 4.2(b) or a bankruptcy or insolvency
event pursuant to Section 4.2(c), the City shall reimburse Manager for any actual ordinary and
necessary expenses incurred by Manager in withdrawing from the provision of services
hereunder following such termination. Such ordinary and necessary expenses shall include costs
associated with (i) severance pay, not to exceed six (6) months, for each of Manager’s
Management-Level Employees, (ii) reasonable household relocation expenses for Manager’s
Management-Level Employees, to the extent any of such individuals had previously relocated to
the Facility (or its surrounding areas) in connection with this Agreement and (iii) other
reasonable costs actually incurred by Manager in withdrawing from the provision of services
hereunder, such as those incurred in connection with the termination and/or assignment of
Service Contracts, Revenue Generating Contracts, or other contracts or leases entered into by
Manager pursuant to this Agreement. The City’s payment of such expenses will occur only after
Manager has provided reasonable evidence of the incurrence of such expenses.
(b) Upon termination or expiration of this Agreement for any reason, (i)
Manager shall promptly discontinue the performance of all services hereunder, (ii) City shall
promptly pay Manager all fees due Manager up to the date of termination or expiration (subject
to proration if the Term ends other than at the end of the Operating Year), (iii) City shall pay to
Manager all Operating Expenses incurred by Manager through the end of the Term that have not
previously been paid, including costs of accrued but unused vacation time and other end of
employment payments due to Manager’s employees who will no longer be employed by
Manager following the termination of this Agreement, (iv) Manager shall make available to the
City all data, electronic files, documents, procedures, reports, estimates, summaries, and other
such information and materials with respect to the Facility as may have been accumulated by
Manager in performing its obligations hereunder, whether completed or in process, and (iv)
without any further action on part of Manager or City, the City shall, or shall cause the successor
Facility manager to, assume all obligations arising after the dat e of such termination or
expiration, under any Service Contracts, Revenue Generating Contracts, booking commitments
and any other Facility agreements entered into by Manager in furtherance of its duties hereunder.
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Any obligations of the parties that are specifically intended to survive expiration or termination
of this Agreement shall survive expiration or termination hereof.
ARTICLE 5
OWNERSHIP; USE OF THE FACILITY
Section 5.1 Ownership of Facility, Data, Equipment and Materials.
The City will at all times retain ownership of the Facility, including but not limited to real estate,
technical equipment, furniture, displays, fixtures and similar property, including improvements
made during the Term, at the Facility. Any data, equipment or materials furnished by the City to
Manager or acquired by Manager as an Operating Expense shall remain the property of the City,
and shall be returned to the City when no longer needed by Manager to perform under this
Agreement. Notwithstanding the above, City shall not have the right to use any third party
software licensed by Manager for general use by Mana ger at the Facility and other facilities
managed by Manager, the licensing fee for which is proportionately allocated and charged to the
Facility as an Operating Expense; such software may be retained by Manager upon expiration or
termination hereof. Furthermore, the City recognizes that the Operations Manual to be
developed and used by Manager hereunder is proprietary to Manager, and shall belong to
Manager at the end of the Term; City shall not use or maintain copies thereof upon the end of the
Term.
Section 5.2 Right of Use by Manager. The City hereby gives Manager the right and
license to use the Facility, and Manager accepts such right of use, for the purpose of performing
the services herein specified, including the operation and maintenance of all physical and
mechanical facilities necessary for, and related to, the operation, maintenance and management
of the Facility. The City shall provide Manager with a sufficient amount of suitable office space
in the Facility and with such office equipment as is reasonably necessary to enable Manager to
perform its obligations under this Agreement. In addition, the City shall make available to
Manager, at no cost, parking spaces adjacent to the Facility for all of Manager’s full-time
employees and for the Facility’s event staff.
Section 5.3 Observance of Agreements. The City agrees to pay, keep, observe and
perform all payments, terms, covenants, conditions and obligations under any leases, bonds,
debentures, loans and other financing and security agreements to which the City is bound in
connection with its ownership of the Facility.
Section 5.4 Use by the City. Subject to availability, the City shall have the right to use
the Facility or any part thereof rent-free for meetings, seminars, training classes or other non-
commercial uses, provided that the City shall promptly reimburse Manager, for deposit into the
Operating Account, for any out-of-pocket expenses incurred by Manager (such as the cost of
ushers, ticket-takers, set-up and take-down personnel, security expenses and other expenses) in
connection with such use. Such non-commercial use of the Facility by the City shall (i) not
compete with or conflict with the dates previously booked by Manager for paying events, (ii) not
consist of normally touring attractions (such as concerts and family shows), and (iii) be booked
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in advance upon reasonable notice to Manager pursuant to the Facilities’ approved booking
policies. Upon request of the City, Manager shall provide to the City a list of available dates for
City use of the Facility. To the extent that Manager has an opportunity to book a revenue-
producing event on a date which is otherwise reserved for use by the City, Manager may propose
alternative dates for the City’s event, and the City shall use best efforts to reschedule its event to
allow Manager to book the revenue-producing event. For purposes of calculating Manager’s
Incentive Fee, Manager shall receive a “paper” credit for an amount equal to the difference
between the published Facilit y rate and the rate (if any) charged to the City for such use of the
Facility, but such credit will apply only in the event the City does not move its event and it
displaces a revenue-generating event which is not rescheduled at the Facility.
ARTICLE 6
PERSONNEL
Section 6.1 Generally. All Facility staff and other personnel shall be engaged or hired by
Manager, and shall be employees, agents or independent contractors of Manager (or an Affiliate
thereof), and not of the City. Manager shall select, in its sole discretion but subject to City’s
right to approve the Operating Budget, the number, function, qualifications, and compensation,
including salary and benefits, of its employees and shall control the terms and conditions of
employment (including without limitation termination thereof) relating to such employees.
Manager agrees to use reasonable and prudent judgment in the selection and supervision of such
personnel. Manager agrees to offer employment to all existing employees of the prior manager
at the Facility, at wages no less than such staff is being paid immediately prior to the Effective
Date, subject to such employees successfully passing background checks (unless Manager has
been advised any such employees are not interested in employment with Manager or are
prohibited from accepting employment with Manager). The City specifically agrees that
Manager shall be entitled to pay its employees, as an Operating Expense, bonuses and benefits in
accordance with Manager’s then current employee manual, which may be modified by Manager
from time to time in its sole discretion. A copy of Manager’s current employee manual shall be
provided to the City upon request. City shall pay all accrued but unused vacation time to its
employees whose employment with City is terminating and whose employment with Manager is
commencing. The City has the right to review compensation information for Manager’s
employees at the Facility, provided the parties agree that such information is confidential and
shall not become public information.
Section 6.2 General Manager. Personnel engaged by Manager will include an
individual with managerial experience in similar facilities to serve as a full-time on-site General
Manager of the Facility. Hiring of the General Manager by Manager shall require the prior
approval of the City, which approval shall not be unreasonably withheld or delayed; provided,
however, in the event of a vacancy in the General Manager position, Manager may, upon notice
to the City, temporarily fill such position with an interim General Manager for up to ninety (90)
days without the necessity of obtaining the City’s approval. The General Manager will have
general supervisory responsibility for Manager and will be responsible for day-to-day operations
of the Facility, supervision of employees, and management and coordination of all activities
associated with events taking place at the Facility.
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Section 6.3 Non-Solicitation/Non-Hiring. During the Term and for a period of one (1)
year after the end of the Term, neither City nor any of its Affiliates shall solicit for employment,
or hire, any of Manager’s Management-Level Employees. The City acknowledges that Manager
will spend a considerable amount of time identifying, hiring and training individuals to work in
such positions, and that Manager will suffer substantial damages, the exact amount of which
would be difficult to quantify, if the City were to breach the terms of this Section by hiring, or
soliciting for employment, any of such individuals. Accordingly, in the event of a breach or
anticipated breach of this Section by the City, Manager shall be entitled (in addition to any other
rights and remedies which Manager may have at law or in equity, including money damages) to
equitable relief, including an injunction to enjoin and restrain the City from continuing such
breach, without the necessity of posting a bond. Notwithstanding the foregoing, the City is not
restricted from hiring any Spectra employee for a position with the City that is unrelated to the
Facility and is materially different than the function performed by the Spectra employee at the
Facility, provided that the employee approached the City for the position and was not solicited
by the City.
ARTICLE 7
OPERATING BUDGET
Section 7.1 Establishment of Operating Budget. Attached hereto as Exhibit C is the
existing Operating Budget for the first (1st) Operating Year, which the City acknowledges was
prepared by parties other than the Manager prior to the Effective Date and without the Manager’s
input. Manager agrees that at least one hundred eight y (180) days prior to the commencement of
each subsequent Operating Year in respect of such year, it will prepare and submit to the City its
proposed Operating Budget for such year. The proposed budget may be revised and updated up
to the date that is 45 days prior to the first budget ordinance reading for the upcoming Operating
Year. Each annual Operating Budget shall include Manager’s good faith projection of Revenues
and Operating Expenses, presented on a monthly and annual basis, for the upcoming Operating
Year. The City agrees to provide Manager with all information in its possession necessary to
enable Manager to prepare each Operating Budget.
Section 7.2 Approval of Operating Budget. Each annual Operating Budget shall be
subject to the review and approval of the City, which approval shall not be unreasonably
withheld or delayed. In order for the City to fully evaluate and analyze such budgets or any
other request by Manager relating to income and expenses, Manager agrees to provide to the City
such reasonable financial information relating to the Facility as may be requested by the City
from time to time. If extraordinary events occur during any Operating Year that could not
reasonably be contemplated at the time the corresponding Operating Budget was prepared,
Manager may submit an amendment to such budget for review and approval by the City (which
approval shall not be unreasonably withheld or delayed). If the City fails to approve any annual
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Operating Budget (or any proposed amendment thereto), the City shall promptly provide
Manager the specific reasons therefor and its suggested modifications to Manager’s proposed
Operating Budget or amendment in order to make it acceptable. The parties shall then engage in
good faith discussions and use reasonable comm ercial efforts to attempt to resolve the matter to
the mutual satisfaction of the parties, including, if applicable, negotiation of a mutually
acceptable modification to the economic terms of this Agreement to enabl e the Manager to
achieve the compensation contemplated by its proposed Operating Budget.
Section 7.3 Adherence to Operating Budget. Manager shall use all reasonable efforts
to manage and operate the Facility in accordance with the Operating Budget. However, City
acknowledges that notwith standing the Manager's experience and expertise in relation to the
operation of facilities simil ar to the Facility, th e projections contained in each Operating
Budget are subject to and may be affected by changes in financial, economic and other
conditions and circumstances beyond the Manager’s control, and that Manager shall have no
liability if the numbers within the Operating Budget are not achieved. Manager agrees to notify
the City within thirty (30) days of any material increase (defined as 10% or more) in the bottom
line number in the Operating Budget, and any material increase (defined as 10% or more) in total
Facility expenses from that provided for in the Operating Budget. In either such case and if
requested by City, Manager agrees to work with City to develop and implement a plan (or
changes to the then current plan) to limit Operating Expense to be incurred in the remaining
months of such Operating Year with the goal of achieving the Operating Budget.
ARTICLE 8
PROCEDURE FOR HANDLING INCOME
Section 8.1 Event Account. Manager shall deposit as soon as practicable following
receipt, in the Event Account, all revenue received from ticket sales and similar event-related
revenues which Manager receives in contemplation of, or arising from, an event, pending
completion of the event. Such monies will be held in escrow for the protection of ticket
purchasers, the City and Manager, to provide a source of funds as required for payments to
performers and for payments of direct incidental expenses in connection with the presentation of
events that must be paid prior to or contemporaneously with such events. Promptly following
completion of such events, Manager shall transfer all funds remaining in the Event Account,
including any interest accrued thereon, into the Operating Account. Bank service charges, if any,
on such account(s) shall be deducted from interest earned.
Section 8.2 Operating Account. Except as provided in Section 8.1, all Revenue
derived from operation of the Facility shall be deposited by Manager into the Operating Account
as soon as practicable upon receipt (but not less often than once each business day). The specific
procedures (and authorized individuals) for making deposits to and withdrawals from such
account shall be set forth in the Operations Manual, but the parties specifically agree that
Manager shall have authority to sign checks and make withdrawals from such account, subject to
the limitations of this Agreement, without needing to obtain the co-signature of a City employee
or representative.
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ARTICLE 9
FUNDING
Section 9.1 Source of Funding. Manager shall pay all items of expense for the
operation, maintenance, supervision and management of the Facility from the funds in the
Operating Account, which Manager may access periodically for this purpose. The Operating
Account shall be funded with amounts generated by operation of the Facility (as described in
Article 8 above), or otherwise made available by the City. To ensure sufficient funds are
available in the Operating Account, City will deposit in the Operating Account, on or before the
Effective Date, the budgeted or otherwise approved expenses for the 45 day period beginning on
the Effective Date. The City shall thereafter, on or before the 1st day of each succeeding month
following the Effective Date, deposit (or allow to remain) in the Operating Account the budgeted
or otherwise approved expenses for each such month, retaining at all times 45 days of projected
Operating Expenses in such account. Manager shall have no liability to the City or any third
party in the event Manager is unable to perform its obligations hereunder, or under any third
party contract entered into pursuant to the terms hereof, due to the fact that sufficient funds are
not made available to Manager to pay such expenses in a timely manner.
Section 9.2 Advancement of Funds. Under no circumstances shall Manager be
required to pay for or advance any of its own funds to pay for any Operating Expenses. In the
event that, notwithstanding the foregoing, Manager agrees to advance its own funds to pay
Operating Expenses, City shall promptly reimburse Manager for the full amount of such
advanced funds, plus interest at a rate to be mutually agreed. In the event the City is required to
borrow money from non-Facility funding sources (such as from the City’s general fund) to fund
Facility operations, the City shall notify Manager and Manager and the City shall agree on terms
of repayment from the Facility Operating Budget to the City, provided that in no event shall
repayment of such funds constitute an “above-the-line” Operating Expense that would have an
impact on Manager’s Incentive Fee calculation. Rather, repayment of any such loan would be
budgeted as a “below-the-line” Operating Expense with no impact on the calculation of
Manager’s Incentive Fee.
ARTICLE 10
FISCAL RESPONSIBILITY; REPORTING
Section 10.1 Records. Manager agrees to keep and maintain, at its office in the
Facility, separate and independent records, in accordance with generally accepted accounting
principles, devoted exclusively to its operations in connection with its management of the
Facility. Such records (including books, ledgers, journals, and accounts) shall contain all entries
reflecting the business operations of Manager under this Agreement. The City or its authorized
agent shall have the right to audit and inspect such records at any time, but no more than four (4)
times per year, upon reasonable notice to Manager and during Manager's ordinary business
hours.
Section 10.2 Monthly Financial Reports. Manager agrees to provide to the City, within
twenty-five (25) days after the end of each month during the Term, financial reports for the
Facility including a balance sheet, aging report on accounts receivable, and statement of
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revenues and expenditures (budget to actual) for such month and year to date in accordance with
generally accepted accounting principles, provided however the first financial statement
Manager shall provide shall be within thirty (30) days following the second (2nd) month of the
Term, and shall cover the first two (2) months of the Term. In addition, starting with the second
(2nd) month of the Term, Manager agrees to provide to the City a summary of bookings for each
such month, separate cash receipts and disbursements reports for each event held at the Facility
during such month, a profit/loss statement for each event held at the Facility in such month, and
a profit/loss statement for food and beverage service for such month. Additionally, Manager
shall submit to the City, or shall cause the applicable public depository utilized by Manager to
submit to the City, on a monthly basis, copies of all bank statements concerning the Event
Account and the Operating Account and a monthly bank account reconciliation.
Section 10.3 Audit. Manager agrees to provide to the City, within one hundred twenty
(120) days following the end of each Operating Year, a certified audit report on the accounts and
records as kept by Manager for the Facility. Costs associated with obtaining such certified audit
report shall be an Operating Expense of the Facility. Such audit shall be performed by an
external auditor approved by the City and shall be conducted in accordance with generally
accepted auditing standards.
ARTICLE 11
CAPITAL IMPROVEMENTS; SPECTRA FINANCIAL COMMITMENTS;
PERFORMANCE BOND
Section 11.1 Schedule of Capital Expenditures. Manager shall annually, at the time of
submission of the annual Operating Budget to the City, provide to the City a schedule of
proposed capital improvements to be made at the Facility, for the purpose of allowing the City to
consider such projects and to prepare and update a long-range Capital Expenditure budget.
Section 11.2 Responsibility for Capital Expenditures. The City shall be solely
responsible for all Capital Expenditures at the Facility; provided, however, the City shall be
under no obligation to make any Capital Expenditures proposed by Manager, and provided
further that Manager shall have no liability for any claims, costs or damages arising out of a
failure by the City to make any Capital Expenditures. Notwithstanding the foregoing, Manager
shall have the right (but not the obligation), upon notice to the City, to make Capital
Expenditures at the Facility for Emergency Repairs. In such event, the City shall promptly
reimburse Manager for the cost of such Capital Expenditure.
Section 11.3 Capital Contribution. Manager shall contribute three hundred twenty-five
thousand dollars ($325,000), in two (2) installments as follows: $225,000 to be contributed by
January 1, 2022 (“First Contribution”), and $100,000 to be contributed by January 1, 2023
(“Second Contribution”). The First Contribution and Second Contribution shall be used for
mutually agreed revenue-generating purposes, such as, for example, a booking/marketing fund
use to attract events to the Facility, or other revenue-generating projects at the Facility. If the
City exercises its right in Section 4.1 to extend the Term for an additional five (5) years through
December 31, 2031, Manager shall contribute an additional one hundred thousand dollars
($100,000) by January 1, 2027 (“Third Contribution”) for revenue-generating
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projects/improvements at the Facility. Each individual contribution shall amortize on a straight-
line basis over the period from the date such contribution is made through December 31, 2031.
Upon the expiration or termination (for any reason whatsoever, including without limitation if
due to a breach, default or bankruptcy event by or affecting Manager or the City’s election not to
renew this Agreement following the Initial Term) of this Agreement, the City shall immediately
pay to Manager the unamortized amount of the First Contribution, Second Contribution and, if
made, Third Contribution.
Section 11.4 Annual Scholarship Commitment. Commencing in the Operating Year
starting on January 1, 2022, Spectra shall provide two (2) annual scholarships of one thousand
dollars ($1,000) each ($2,000 total per Operating Year) to deserving South Dakota State
University students who major in subjects related to the venue management industry. Specific
criteria for selecting the recipients and award of the scholarships shall be subject to mutual
agreement and a process to be developed jointly between Manager, the City and South Dakota
State University.
Section 11.5 Annual CVB Commitment. Commencing in the Operating Year starting
on January 1, 2022, Spectra shall provide to the Brookings Convention and Visitors Bureau an
annual grant of three thousand dollars ($3,000) to be used for marketing purposes.
Section 11.6 Performance Bond. To secure Spectra’s performance hereunder, Spectra
shall during the Term secure and maintain a performance bond, in a form and substance mutually
agreed by Spectra and the City, and from a surety reasonably acceptable to the City, in the
amount of Three Hundred Thousand Dollars ($300,000). The cost of securing the performance
bond shall be an Operating Expense.
ARTICLE 12
FOOD AND BEVERAGE
Section 12.1 Generally. Manager shall have the sole and exclusive right to manage and
perform, and Manager hereby agrees to manage and perform, all food and beverage concession
and catering service at the Facility (“Food and Beverage Service”). Manager may engage sub-
contractors to sell food and beverages at the Facility when approved in writing by the City.
Section 12.2 Concession and Catering Areas. Manager shall have the exclusive right to
use (or permit a third party to use, as applicable) the concession stands, novelty stands, customer
serving locations, food preparation areas, vendor commissaries, kitchen and warehouse facilities,
and other food service related areas of the Facility, together with the improvements, equipment
and personal property upon or within such areas, for the purpose of providing the Food and
Beverage Service (and providing other duties required of Manager hereunder). The City shall
provide, at no cost to Manager, all smallwares and equipment reasonably required by Manager to
perform the Food and Beverage Service.
Section 12.3 Food and Beverage Duties. In connection with its management and
provision of the Food and Beverage Service, Manager shall:
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(a) Develop and implement all necessary policies and procedures for the food
and beverage operations;
(b) Engage and oversee employees necessary to perform the Food and
Beverage Services;
(c) Manage the Food and Beverage Service in compliance with and subject to
all federal, state and local laws, ordinances and regulations (including, without limitation, health
and sanitation codes and regulations with respect to the sanitation and purity of the food and
beverage products for sale);
(d) Arrange for all minor repairs and routine maintenance to the equipment
used in the operation of the Food and Beverage Service;
(e) Keep the food and beverage facilities and equipment neat, clean and in a
sanitary condition;
(f) Undertake appropriate advertising, marketing and promotion of the food
and beverage offerings at the Facility;
(g) Develop menus, portions, brands, prices, themes and marketing
approaches. Manager shall be entitled to set the prices for such items for sale, but Manager
agrees to confer with the City Contract Administrator and take the City’s views into account
prior to setting (or changing) such prices; and
(h) Order, stock, prepare, pay for (as an Operating Expense) and sell
appropriate foods and beverages.
Section 12.4 Alcohol Licenses and Permits. Manager agrees to apply for all appropriate
alcohol licenses and permits, subject to applicable law. The City shall provide reasonable
assistance to Manager in such regard. At the end of the Term, Manager shall without charge to
City relinquish its rights in, or terminate (as applicable), the alcohol licenses and permits for the
Facility.
Section 12.5 Food and Beverage Revenue and Expenses. All revenue to the Facility
from operation of the Food and Beverage Service shall be deemed to be Revenue, and shall be
deposited by Manager into the Operating Account. All expenses incurred in connection with the
provision of the Food and Beverage Service shall be Operating Expenses, payable by Manager
with funds from the Operating Account.
ARTICLE 13
FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES
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Section 13.1 Existing Contracts. The City shall provide to Manager, on or before the
Effective Date, copies of all Existing Contracts. Manager shall administer and assure
compliance with such Existing Contracts.
Section 13.2 Execution of Contracts. Manager shall have the right to enter into Service
Contracts, Revenue Generating Contracts and other contracts related to the operation of the
Facility, as agent on behalf of the City. Any such material agreements shall contain standard
indemnification and insurance obligations on the part of each vendor, licensee or service
provider, as is customary for the type of services or obligations being provided or performed by
such parties. Manager shall obtain the prior approval of the City (which approval shall not be
unreasonably withheld or delayed) before entering into any such contract (i) with a term that
expires after the Term of this Agreement, unless such contract, by its express terms, can be
terminated by Manager or City following expiration of the Term without any penalty, (ii)
.Service Contracts committing the City to expenses that are not within an approved Operating
Budget, (iii) agreements for the sale/license of Commercial Rights for more than $50,000 of
value per Operating Year, and (iv) agreements for the sale of disposition of any City assets for
more than $5,000 per Operating Year.
Section 13.3 Transactions with Affiliates. In connection with its obligations hereunder
relating to the purchase or procurement of services for the Facility (including without limitation
food and beverage services, ticketing services, Commercial Rights sales, web design services
and graphic design services), Manager may purchase or procure such services, or otherwise
transact business with, an Affiliate of Manager, subject to the prior approval of the City, such
approval not to be unreasonably withheld. Manager shall, at the request of the City, provide
reasonable evidence establishing the competitive nature of such prices and services, including, if
appropriate, competitive bids from other persons seeking to render such services at the Facility.
ARTICLE 14
AGREEMENT MONITORING AND GENERAL MANAGER
Section 14.1 Contract Administrator. Each party shall appoint a contract administrator
who shall monitor such party’s compliance with the terms of this Agreement. Manager’s
contract administrator shall be its General Manager at the Facility, unless Manager notifies City
of a substitute contract administrator in writing. City shall notify Manager of the name of its
contract administrator within thirty (30) days of execution hereof. Any and all references in this
Agreement requiring Manager or City participation or approval shall mean the participation or
approval of such party’s contract administrator.
ARTICLE 15
INDEMNIFICATION
Section 15.1 Indemnification by Manager. Manager agrees to defend, indemnify and
hold harmless the City and its officials, directors, officers, employees, agents, successors and
assigns against any claims, causes of action, costs, expenses (including reasonable attorneys’
fees) liabilities, or damages (collectively, “Losses”) suffered by such parties and caused by any
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(a) negligent act or omission, or intentional misconduct, on the part of Manager or any of its
employees or agents in the performance of its obligations under this Agreement, or (b) breach by
Manager of any of its representations, covenants or agreements made herein.
Section 15.2 Indemnification by the City. City agrees to defend, indemnify and hold
harmless Manager, its parent, subsidiary and affiliate companies, and each of their respective
directors, officers, employees, agents, successors and assigns, against any Losses suffered by
such parties, arising out of or in connection with (a) any negligent act or omission, or intentional
misconduct, or failure to comply with Laws, on the part of City or any of its employees or agents
in the performance of its obligations under this Agreement, (b) a breach by City of any of its
representations, covenants or agreements made herein, including without limitation City’s
obligation to pay any budgeted or otherwise approved expenses in a timely manner, (c) failure by
City to pay any amounts due by City or to otherwise perform any obligations of City under any
third party contracts, licenses or agreements entered into by Manager in furtherance of its duties
hereunder as authorized hereby; (d) any environmental condition at the Facility or on or under
the premises on which the Facility is located not caused by Manager, its employees or agents, (e)
any structural defect with respect to the Facility, (f) the fact that any time prior to, as of, or after
the date hereof the Facility is not or has not been in compliance with all Laws, including, but not
limited to, the Americans With Disabilities Act as it now exists and as it may be amended in the
future by statute or judicial interpretation, (g) any act or omission carried out by Manager at or
pursuant to the direction or instruction of City, its agents or employees, (h) any claims relating to
the Facility or its operations accruing or caused by occurrences prior to the Effective Date or
following termination or expiration of this Agreement, and (i) any withdrawal liability for a
share of unfunded vested benefits under multiemployer plans (as that term is defined in
4001(a)(3) of the Employee Retirement Income Security Act of 1974, as amended).
Section 15.3 Conditions to Indemnification. With respect to each separate matter
brought by any third party against which a party hereto ("Indemnitee") is indemnified by the
other party ("Indemnitor") under this Article 14, the Indemnitor shall be responsible, at its sole
cost and expense, for controlling, litigating, defending and/or otherwise attempting to resolve,
through counsel of its choice, any proceeding, claim, or cause of action underlying such matter,
except that (a) the Indemnitee may, at its option, participate in such defense or resolution at its
expense and through counsel of its choice; (b) the Indemnitee may, at its option, assume control
of such defense or resolution if the Indemnitor does not promptly and diligently pursue su ch
defense or resolution, provided that the Indemnitor shall continue to be obligated to indemnify
the Indemnitee hereunder in connection therewith; and (c) neither Indemnitor nor Indemnitee
shall agree to any settlement without the other’s prior written consent (which shall not be
unreasonably withheld or delayed). In any event, Indemnitor and Indemnitee shall in good faith
cooperate with each other and their respective counsel with respect to all such actions or
proceedings, at the Indemnitor’s expense. With respect to each and every matter with respect to
which any indemnification may be sought hereunder, upon receiving notice pertaining to such
matter, Indemnitee shall promptly give reasonably detailed written notice to the Indemnitor of
the nature of such matter and the amount demanded or claimed in connection therewith.
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Section 15.4 Survival. The obligations of the parties contained in this Article 15 shall
survive the termination or expiration of this Agreement.
Section 15.5 Legal Costs. Notwithstanding the other provisions of this Agreement, if
legal costs are being incurred by the Manager or the City for a third party claim in respect of
which the City is claiming indemnity from the Manager, such legal costs will be considered an
Operating Expense unless and until liability of the Manager pursuant to this Agreement is
conclusively established by a court of competent jurisdiction with respect to the underlying claim
on which the Manager’s obligation to indemnify is based. In the event that the liability of the
Manager is so conclusively determined, then such legal costs shall be considered as costs of the
Manager (and not Operating Expenses) and covered by the indemnity given by the Manager to
the City hereunder and the parties shall adjust between them in respect of such legal costs.
ARTICLE 16
INSURANCE
Section 16.1 Types and Amount of Coverage. Manager agrees to obtain insurance
coverage in the manner and amounts as set forth in Exhibit D, attached hereto, and shall provide
to the City promptly following the Effective Date a certificate of certificates of insurance
evidencing such coverage. Manager shall maintain such referenced insurance coverage at all
times during the Term, and will not make any material modification or change from these
specifications without the prior approval of the City. Each insurance policy shall include a
requirement that the insurer provide Manager and the City at least thirty (30) days written notice
of cancellation or material change in the terms and provisions of the applicable policy. The cost
of all such insurance shall be an Operating Expense.
Section 16.2 Rating; Additional Insureds. All insurance policies shall be issued by
insurance companies rated no less than A VIII in the most recent "Bests" insurance guide, and
licensed in the State of South Dakota or as otherwise agreed by the parties. All such policies
shall be in such form and contain such provisions as are generally considered standard for the
type of insurance involved. The commercial general liability policy, automobile liability
insurance policy and umbrella or excess liability policy to be obtained by Manager hereunder
shall name City as an additional insured. The workers compensation policy to be obtained by
Manager hereunder shall contain a waiver of all rights of subrogation against the City. Manager
shall require that all third-party users of the Facility, including without limitation third-party
licensees, ushers, security personnel and concessionaires, provide certificates of insurance
evidencing insurance appropriate for the types of activities in which such user is engaged. If
Manager subcontracts any of its obligations under this Agreement, Manager shall require each
such subcontractor to secure insurance that will protect against applicable hazards or risks of loss
as and in the minimum amounts designated herein, and name Manager and the City as additional
insureds.
ARTICLE 17
REPRESENTATIONS, WARRANTIES AND COVENANTS
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Section 17.1 Manager Representations and Warranties. Manager hereby represents,
warrants and covenants to City as follows:
(a) that it has the full legal right, power and authority to enter into this
Agreement and to grant the rights and perform the obligations of Manager herein, and that no
third party consent or approval is required to grant such rights or perform such obligations
hereunder; and
(b) that this Agreement has been duly executed and delivered by Manager and
constitutes a valid and binding obligation of Manager, enforceable in accordance with its terms,
except as such enforceability may be limited by bankruptcy, insolvency, reorganization or
similar Laws affecting creditors’ rights generally or by general equitable principles.
(c) that Manager will comply with all Laws applicable to its management of
the Facility, provided that Manager shall not be required to undertake any compliance activity,
nor shall Manager have any liability under this Agreement therefor, if such activity requires any
Capital Expenditure.
Section 17.2 City Representations, Warranties and Covenants. City represents,
warrants and covenants to Manager as follows:
(a) that it has the full legal right, power and authority to enter into this
Agreement and to grant the rights and perform the obligations of City herein, and that no other
third party consent or approval is required to grant such rights or perform such obligations
hereunder.
(b) that this Agreement has been duly executed and delivered by City and
constitutes a valid and binding obligation of City, enforceable in accordance with its terms,
except as such enforceability may be limited by bankruptcy, insolvency, reorganization or
similar laws affecting creditors’ rights generally or by general equitable principles.
(c) that the Facility is, as of the Effective Date, in compliance in all respects
with all applicable Laws relating to the construction, use and operation of the Facility (including,
without limitation, Title III of the American with Disabilities Act), and that there exist no
structural defects or unsound operating conditions at the Facility.
ARTICLE 18
MISCELLANEOUS
Section 18.1 Non-Compete. During the Term, without the prior written consent of the
City (which shall not be unreasonably withheld), neither Manager nor any subsidiary of Manager
shall manage or operate any indoor arena with under 10,000 fixed seats, or a
convention/conference center, within a 75-mile radius of the Facility, including without
limitation the following venues (“Spectra Foods SD Venues”): Denny Sanford Premier Center
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(notwithstanding that it has more than 10,000 fixed seats), Sioux Falls Arena, Sioux Falls
Convention Center, and the Sanford Pentagon. The foregoing restriction shall not limit or
prevent Manager from (i) providing consulting services, food and beverage services,
marketing/sales service for Commercial Rights, or other services ancillary to full management
and operation services, at indoor arenas or convention/conference centers within such restricted
area, (ii) managing or operating venues that are not indoor arenas or convention centers, such as
stadiums, amphitheaters, performing arts centers, ballparks, fairgrounds or other venues that are
not indoor arenas or convention/conference centers, and (iii) managing or operating any indoor
arena with over 10,000 fixed seats, except for the Premier Center. Manager shall use
commercially reasonable efforts to avoid conflicts of interest between its food and beverage
operations at the Facility and its food and beverage operations at the Spectra Foods SD Venues.
Section 18.2 PCI Compliance. Manager agrees to comply with all current Payment
Card Industry Data Security Standards (“PCI Standards”) and guidelines that may be published
from time to time by Visa, MasterCard or other associations as they relate to the physical storage
of credit card data. For PCI Standards compliance purposes, City will provide on a segmented
network, an appropriate number of wired data connections to the Internet for point of sale
devices to be used by Manager and any contractors at the Facility. City shall be responsible for
the security of its network, including, without limitation, applicable PCI-DSS compliance, and
for procuring and installing point of sale (POS) payment systems that are compliant with the
latest PCI-DSS requirements. If at any time either party determines that card account number or
other information has been compromised, such party will notify the other immediately and assist
in providing notification to the proper parties as deemed necessary.
Section 18.3 No Discrimination. Manager agrees that it will not discriminate against
any employee or applicant for employment for work under this Agreement because of race,
religion, color, sex, disability, national origin, ancestry, physical handicap, or age, and will take
affirmative steps to ensure that applicants are employed, and employees are treated during
employment, without regard to race, religion, color, sex, disability, national origin, ancestry,
physical handicap, or age.
Section 18.4 Use of Facility Names and Logos. Manager shall have the right to use
throughout the Term (and permit others to use in furtherance of Manager’s obligations
hereunder), for no charge, the name and all logos of the Facility, on Manager’s stationary, in its
advertising of the Facility, and whenever conducting business of the Facility; provided, that
Manager shall take all prudent and appropriate measures to protect the intellectual property
rights of the City relating to such logos. All intellectual property rights in any Facility logos
developed by the Manager or the City shall be and at all times remain the sole and exclusive
property of the City. Manager agrees to execute any documentation requested by the City from
time to time to establish, protect or convey any such intellectual property rights.
Section 18.5 Facility Advertisements. The City agrees that in all advertisements placed
by the City for the Facility or events at the Facility, whether such advertisements are in print, on
radio, television, the internet or otherwise, it shall include a designation that the Facility is
“Managed by Spectra”.
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Section 18.6 Force Majeure; Casualty Loss.
(a) Neither party shall be liable or responsible to the other party for any delay,
loss, damage, failure or inability to perform under this Agreement due to an Event of Force
Majeure, provided that the party claiming failure or inability to perform provides written notice
to the other party within thirty (30) days of the date on which such party gains actual knowledge
of such Event of Force Majeure. Notwithstanding the foregoing, in no event shall a party’s
failure to make payments due hereunder be excusable due to an Event of Force Majeure.
(b) In the event of damage or destruction to a material portion of the Facility
by reason of fire, storm or other casualty loss that renders the Facility (or a material portion
thereof) untenantable, the City shall use reasonable efforts to remedy such situation. If
notwithstanding such efforts, such damage or destruction is expected to render the Facility (or a
material portion thereof) untenantable for a period estimated by an architect selected by the City
at Manager’s request, of at least one hundred eighty (180) days from the date of such fire, storm
or other casualty loss, either party may terminate this Agreement upon written notice to the
other, provided that (i) the City shall pay to Manager its costs of withdrawing from services
hereunder, as described in Section 4.3(a) above, and (ii) in the event th e Facility once again
becomes tenable at any time during the Term, this Agreement shall, at the option of Manager,
once again become effective and Manager shall manage and operate the Facility under the terms
hereof, except that the Term shall be extended for a period of time in which the Facility was
closed.
Section 18.7 Assignment; Binding on Successors and Assigns. Neither party may
assign this Agreement without the prior written consent of the other, which consent shall not be
unreasonably withheld or delayed, except that either party may, without the prior written consent
of the other party but upon at least 30 days’ written notice to the other party, assign this
Agreement in connection with a sale, merger or other business combination involving all or
substantially all of its assets or equity interests, and Manager may further assign this Agreement
to an Affiliate where such assignment is intended to accomplish an internal corporate purpose of
Manager as opposed to materially and substantially altering the method of delivery of services to
City. Any purported assignment in contravention of this Section shall be void. This Agreement
is binding on successors and permitted assigns of the parties.
Section 18.8 Notices. All notices required or permitted to be given pursuant to this
Agreement shall be in writing and delivered personally or sent by registered or certified mail,
return receipt requested, or by generally recognized, prepaid, overnight air courier services, to
the address and individual set forth below. All such notices to either party shall be deemed to
have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by
registered or certified mail, or the next business day, if sent by generally recognized, prepaid,
overnight air courier services.
If to the City: If to Manager:
Spectra Venue Management
25
150 Rouse Blvd.
Philadelphia, PA 19112
Attn: Chief Operating Officer
With a copy to: With a copy to:
Spectra Venue Management
150 Rouse Blvd.
Philadelphia, Pennsylvania 19112
Attn: General Counsel
The designation of the individuals to be so notified and the addresses of such parties set forth
above may be changed from time to time by written notice to the other party in the manner set
forth above.
Section 18.9 Severability. If a court of competent jurisdiction determines that any term
of this Agreement is invalid or unenforceable to any extent under applicable law, the remainder
of this Agreement (and the application of this Agreement to other circumstances) shall not be
affected thereby, and each remaining term shall be valid and enforceable to the fullest extent
permitted by law.
Section 18.10 Entire Agreement. This Agreement (including the exhibits attached
hereto) contains the entire agreement between the parties with respect to the subject matter
hereof, and supersedes and replaces all prior negotiations, correspondence, conversations,
agreements, and understandings concerning the subject matter hereof. Accordingly, the parties
agree that no deviation from the terms hereof shall be predicated upon any prior representations,
agreements or understandings, whether oral or written.
Section 18.11 Dispute Resolution; Governing Law. Prior to either party filing a lawsuit
against the other arising out of a dispute under the terms of this Agreement, the parties agree to
first elevate the dispute to senior representatives of each party and engage in a good faith attempt
to resolve the dispute for at least 15 days. Such good faith attempt may include, if mutually
agreed, a mediation or other non-binding form of dispute resolution. Notwithstanding the
foregoing, nothing shall limit or prevent a party from seeking an injunction without delay if it
believes its interests could be materially and irreparably harmed by the delay. The Agreement is
entered into under and pursuant to, and is to be construed and enforceable in accordance with,
the laws of the State of South Dakota, without regard to its conflict of laws principles.
Section 18.12 Amendments. Neither this Agreement nor any of its terms may be
modified or amended except by an instrument in writing signed by an authorized representative
of each of the parties hereto.
Section 18.13 Waiver; Remedies. No failure or delay by a party hereto to insist on the
strict performance of an y term of this Agreement, or to exercise any right or remedy consequent
to a breach thereof, shall constitute a waiver of any breach or an y subsequent breach of such
term. No waiver of any breach hereunder shall affect or alter the remaining terms of this
26
Agreement, but each and every term of this Agreement shall continue in full force and effect
with respect to any other then existing or subsequent breach thereof. The remedies provided in
this Agreement are cumulative and not exclusive of the remedies provided by law or in equity.
Section 18.14 Relationship of Parties. Manager and City acknowledge and agree that
they are not joint venturers, partners, or joint owners with respect to the Facility, and nothing
contained in this Agreement shall be construed as creating a partnership, joint venture or similar
relationship between City and Manager. In operating the Facility, entering into contracts,
accepting reservations for use of the Facility, and conducting financial transactions for the
Facility, Manager acts on behalf of and as agent for City (but subject to the limitations on
Manager’s authority as set out in this Agreement), with the fiduciary duties required by law of a
party acting in such capacity.
Section 18.15 No Third Party Beneficiaries. Other than the indemnitees listed in
Sections 15.1 and 15.2 hereof (who are third party beneficiaries solely with respect to the
indemnification provisions in such sections), there are no intended third party beneficiaries under
this Agreement, and no third party shall have any rights or make any claims hereunder, it being
intended that solely the parties hereto (and the aforementioned indemnitees with respect to the
indemnification provisions hereof) shall have rights and may make claims hereunder.
Section 18.16 Attorneys Fees. If any suit or action is instituted by either party
hereunder, including all appeals, the prevailing party in such suit or action shall be entitled to
recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any
other amounts to which it may be entitled.
Section 18.17 Limitation on Damages. In no event shall either party be liable or
responsible for any consequential, indirect, incidental, punitive, or special damages (including,
without limitation, lost profits) whether based upon breach of contract or warranty, negligence,
strict tort liability or otherwise, and each party’s liability for damages or losses hereunder shall
be strictly limited to direct damages that are actually incurred by the other party, provided that
the foregoing shall not limit or restrict any claim by Manager for the management fees described
herein upon a breach or default of this Agreement by City.
Section 18.18 Counterparts; Facsimile and Electronic Signatures. This Agreement may
be executed in counterparts, each of which shall constitute an original, and all of which together
shall constitute one and the same document. This Agreement may be executed by the parties and
transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be
effective as if the parties had delivered an executed original of this Agreement.
IN WITNESS WHEREOF, each party hereto has caused this Management
Agreement to be executed on behalf of such party by an authorized representative as of the date
first set forth above.
27
City of Brookings, South Dakota GLOBAL SPECTRUM, L.P.,
d/b/a Spectra Venue Management
By: Global Spectrum, LLC, its general
partner
By: __ __________ By: _____
Name: Name:
Its: Its:
28
SCHEDULE 1
MAP DEFINING OUTDOOR AREAS UNDER MANAGER’S MANAGEMENT
29
EXHIBIT A
MANAGER DUTIES
Manager’s obligations under the Agreement shall consist of the following obligations, all
of which are subject to the terms hereof and the controls and restrictions in the Operations
Manual:
(a) Manage all aspects of the Facility in accordance with the Operations
Manual and the terms of this Agreement, including but not limited to managing food and
beverage service, purchasing, payroll, fire prevention, security, crowd control, routine repairs,
preventative maintenance, janitorial services, promotions, advertising, energy conservation,
security, box office, admission procedures, parking (if applicable), and general user services.
(b) Establish and adjust prices, rates and rate schedules for user, license,
concessions, occupancy, and advertising agreements, and booking commitments. Manager may
deviate from the established rate schedule when entering into any such agreements if determined
by Manager, using its reasonable business judgment, to be necessary or appropriate with respect
to the specific situation.
(c) Procure, negotiate, execute, administer and assure compliance with Service
Contracts, Revenue Generating Contracts, and other contracts related to the operation of the
Facility.
(d) Require that all material vendors and licensees of the Facility execute
vendor/license agreements containing standard indemnification and insurance obligations on the
part of each such vendor/licensee.
(e) Provide standard form advertising and sponsorship contracts and user/rental
agreements for use at or with respect to the Facility. Manager shall submit such form
agreements to the City for review and comment, and the parties shall work together to finalize
such forms. Once finalized, Manager shall use such forms in furtherance of its duties hereunder,
and shall not materially deviate from the terms contained in such forms without obtaining the
prior approval of the City (which shall not be unreasonably withheld). Manager’s sole
responsibility with regard to providing legal advice or assistance hereunder shall be to provide
such standard form contracts.
(f) Operate and maintain the Facility, including the equipment utilized in connection
with its operation and any improvements made during the term of this Agreement, in the
condition received, normal wear and tear excepted.
(g) Arrange for and otherwise book events at the Facility in accordance with a
booking schedule to be developed by Manager.
(h) Hire or otherwise engage, pay, supervise, and direct all personnel Manager
deems necessary for the operation of the Facility in accordance with Article 6 of the Agreement,
30
and conduct staff planning, retention and training programs as determined to be necessary by
Manager in its sole discretion.
(i) Maintain detailed, accurate and complete financial and other records of all
its activities under this Agreement in accordance with generally accepted accounting principles,
which records shall be made available to the City upon request, in accordance with Section 10.1
of the Agreement.
(j) Submit to the City in a timely manner financial and other reports detailing
Manager’s activities in connection with the Facility, as set forth in Section 10.2 of the
Agreement.
(k) Prepare a proposed annual Operating Budget and submit such proposed
budget to the City, both in accordance with Article 7 of the Agreement.
(l) Pay all Operating Expenses and other expenses incurred in connection
with the operation, maintenance, supervision and management of the Facility from the Operating
Account or with funds otherwise made available by the City.
(m) Secure, or assist the City (or any other third party, as applicable) to secure,
all licenses and permits necessary for the operation and use of the Facility for the specific events
to be held therein, and for the general occupancy of the Facility, including without limitation all
necessary food and liquor licenses, and renewals thereof. The City shall cooperate in this
process to the extent reasonably required. All costs associated with this process shall be
Operating Expenses.
(n) Collect, deposit and hold in escrow in the Event Account any ticket sale revenues
which it receives in the contemplation of or arising from an event pending the completion of the
event, as more fully described in Section 8.1 of the Agreement.
(o) Collect in a timely manner and deposit in the Operating Account all Revenue, as
more fully described in Section 8.2 of the Agreement.
(p) Subject to the City making available sufficient funds in a timely manner, pay all
Taxes.
(q) Plan, prepare, implement, coordinate and supervise all public relations and
other promotional programs for the Facility.
(r) Prepare, maintain and implement on a regular basis, subject to the City’s
approval, a Marketing Plan for the Facility.
(s) Market and sell Commercial Rights at or in connection with the Facility.
(t) On an annual basis, cause a written inventory to be taken of all furniture,
fixtures, office equipment, supplies, tools and vehicles at the Facility, and deliver a written report
31
of the foregoing to City. Manager shall document all major damage to, or loss in, such inventory
during the Term as soon as such damage or loss is discovered by Manager, and Manager shall
promptly notify City of any such damage or loss.
(u) Purchase, on behalf of the City and with City funds, and maintain during the
Term, all materials, tools, machinery, equipment and supplies necessary for the operation of the
Facility.
(v) As agent for the City, manage risk management and Facility insurance needs, as
more fully described in Article 16 of the Agreement.
(w) Make and be responsible for all routine and minor repairs, maintenance,
preventative maintenance, and equipment servicing. Manager shall be responsible for ensuring
that all repairs, replacements, and maintenance shall be of a quality and class at least equal to
that of the item being repaired, replaced or maintained. Any replacement of an item in
inventory, or any new item added to the inventory, which is paid for by the City, shall be deemed
the property of the City.
(x) Cause such other acts and things to be done with respect to the Facility, as
determined by Manager in its reasonable discretion to be necessary for the management and
operation of the Facility following the Effective Date.
32
EXHIBIT B
EXISTING CONTRACTS
33
EXHIBIT C
OPERATING BUDGET (1ST OPERATING YEAR)
34
EXHIBIT D
INSURANCE
At all times during this Agreement, Manager shall maintain the following insurance coverage:
(a) commercial general liability insurance (including liquor liability), including
products and completed operations, bodily injury and property damage liability, contractual
liability, independent contractors' liability and personal and advertising injury liability against
claims occurring on, in, or about the Facility, or otherwise arising under this Agreement;
(b) umbrella or excess liability insurance;
(c) commercial automobile liability insurance, including coverage for the operation
of owned, leased, hired and non-owned vehicles;
(d) workers compensation and employer's liability insurance as shall be required by
and be in conformance with the laws of the State of South Dakota;
(e) professional liability insurance and self -insured employment practices liability
coverage;
(f) employment practices liability insurance;
(g) pollution liability; and
(h) crime coverage.
Such liability insurance shall be maintained in the following minimum amounts throughout the
Term:
Commercial General Liability
$1,000,000 per occurrence
$1,000,000 personal and advertising injury
$1,000,000 products-completed operations aggregate
Umbrella or Excess Liability
$5,000,000 per occurrence and aggregate
Automobile Liability
$1,000,000 per accident (PI and PD combined single limit)
$1,000,000 uninsured/underinsured motorist
Workers Compensation
35
Workers Compensation: Statutory
Employer's Liability: $100,000 each accident-bodily injury by accident
$500,000 policy limit-bodily injury by disease
$100,000 each employee-bodily injury by disease
Professional Liability/Errors & Omissions (Claims Made basis)
$1,000,000 each occurrence/aggregate
Employment Practices Liability Insurance (Claims Made basis)
$1,000,000
Pollution Liability (Claims Made basis)
$1,000,000
Crime Insurance
Coverage on all on-site Manager employees. Limit: $500,000.00
36
EXHIBIT E
TRANSITION COSTS
$7,500 for relocation of bringing an Assistant General Manager to the Swiftel Center
$6,000 for staff background checks
$11,500 to cover the costs of regular corporate visits to the Swiftel Center to ensure transition
operations are running efficiently and effectively
The above line-item amounts are estimates only. Spectra is committed to spending up to
$25,000 for Transition Costs, without regard to individual line-items.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 21-010,Version:1
Introduction and First Reading on Ordinance 21-010, an Ordinance to Change the Zoning Within the
City of Brookings, rezoning 5.75 acres (generally located along the 1500 and 1600 block of Main
Avenue South) from a Residence R-1A Single-Family District to a Business B-2A Office District.
Public Hearing: June 8, 2021.
Summary:
Mt. Calvary Lutheran Church has submitted a petition to rezone 5.75 acres along Main Avenue South
from Residence R-1A Single-Family District to Business B-2A Office District.
Recommendation:
The Development Review Team is supportive of the rezoning request. Staff recommends approval of
the ordinance as presented.
The Planning Commission voted 9-0 to recommend approval.
Attachments:
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: May 25, 2021
Subject: Rezone 5.75 acres from R-1A to Business B-2A Office
District
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Mt. Calvary Lutheran Church has submitted a petition to rezone 5.75 acres along Main
Avenue South from Residence R-1A Single-Family District to Business B-2A Office
District.
Background:
Mt. Calvary Lutheran Church owns a 5.75-acre parcel of land along Main Avenue
South. The parcel has never been developed; however, the owner is now proposing to
rezone the property from R-1A to B-2A for a potential office use. The proposed
development will include a dental clinic office.
Item Details:
The property is currently zoned Residence R-1A Single-Family District. Properties to
the south and west are zoned R-1B Single-Family District. To the east, properties are
zoned R-2, which supports single and two-family residential uses. The property to the
north is zoned R-3 Apartment District. Although surrounded by residential districts, the
property is located along Main Avenue South, a major commercial corridor of Brookings.
B-2 and B-3 Business Districts are located within a quarter mile north along Main
Avenue. The property is only accessible from Main Avenue.
The Future Land Use Map classifies this land as Urban-Low Intensity (ULI). This land
use classification is supportive of B-2 Business or B-2A Office Districts. The Urban-Low
Intensity classification suggests office uses should be located along arterial streets,
which Main Avenue is. Setbacks, bufferyards, and landscaping requirements will help
buffer office development from nearby residential developments.
Traffic and light pollution concerns were raised at the Planning Commission public
hearing held on May 4th. The City has an ordinance in place (Sec. 94-408 –
Illumination) which should help mitigate any concerns related to light pollution. The
increase in traffic from the proposed development is not expected to be significant
compared to overall traffic increases along Main Avenue South as development occurs
in this area.
Legal Consideration:
None
Strategic Plan Consideration:
Economic Growth – this ordinance will establish 5.75 acres of commercially zoned
property for the continued growth of business opportunities in Brookings.
Financial Consideration:
None
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Development Review Team is supportive of the rezoning request.
Staff recommends approval of the ordinance as presented.
The Planning Commission voted 9-0 to recommend approval.
Supporting Documentation:
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Ordinance 21-010
An Ordinance to Change the Zoning Within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
The South Five Hundred Forty-five (S 545’) Feet of the North One Thousand Fifty-
three and Seven-tenths (N 1,053.7’) Feet of the East Four Hundred Sixty-seven (E
467’) Feet of the West Five Hundred (W 500’) Feet of the Southeast One-fourth
(SE ¼) of Section Thirty-five (35), Township One Hundred Ten (110) North, Range
Fifty (50) West of the Fifth Principal Meridian, County of Brookings, State of South
Dakota, formerly sometimes referred to as Lot One (1) of Block One (1) of
Eberlein’s Addition, being part of the Southeast One-fourth (SE ¼) of Section
Thirty-five (35), Township One Hundred Ten (110) North, Range Fifty (50) West of
the Fifth Principal Meridian, County of Brookings, State of South Dakota,
constituting 5.8 acres, more of less (generally located along the 1500 and 1600
block of South Main Avenue) from Residence, R-1A single-family district, to
Business B-2A office district.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2021
Second Reading and Adoption: June 8, 2021
Published:
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Mt. Calvary Lutheran Church submitted a petition
to rezone the following described real estate in the City of Brookings and Brookings
County, South Dakota:
The South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500
feet, excluding Lot H1, of the Southeast Quarter in Section 35 Township 110 Range
50, generally located along the 1500 and 1600 block of Main Avenue S.
The request is to rezone the above from Residence R-1A Single-family district to Business
B-2A Office District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, June 8, 2021, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard in this matter.
Dated this 28th day of May, 2021.
Bonnie Foster
City Clerk
Planning Commission
Brookings, South Dakota
May 4, 2021
OFFICIAL MINUTES
Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on
Tuesday May 4, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, Ashley Biggar, James Drew,
Greg Fargen, Jacob Mills, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Also
present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer
Jackie Lanning, Justin Bucher, Chuck May, Andy Mahowald, Steve Timmerman, Linda Watson, Kay
Shadewald, Laura and Scott Sroufe, Grant Loeffelbein, Ted Elverson, David Kneip, and Chad
Borchard.
Item #4a - Mt. Calvary Lutheran Church submitted a petition to rezone the South 545 feet of the
North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast
Quarter in Section 35, Township 110, Range 50, generally located along the 1500 and 1600 block of
Main Avenue S from Residence R-1A Single-family district to Business B-2A Office District.
(Pierce/Biggar) Motion to approve the rezone request. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a – This property is located on South Main just south of 15th Street S. This is a 5.75-acre
parcel of land located on the east side of Main Ave. This parcel is surrounded by multiple residential
zones. The zoning requested is supported by the Future Land Use classification of Urban-Low
Intensity.
Bucher explained that the purchaser would like to build a dental clinic on this site. Until the rezone
request has been heard, they aren’t able to complete a site plan. The business will be open normal
business hours. Mills wondered if there is a plan how the parking lot and building will sit on this
parcel since the lot is very deep. Bucher explained that they aren’t at the point in the development yet
to determine the site plan.
Rasmussen wondered if it could be determined what the setbacks are and what the uses would be for a
B-2A. Miller stated what is allowed for uses and what the setbacks are. There are also landscape and
bufferyard requirements that will need to be met.
Andy Mahowald, representing the buyer, also stated that the site plan will be forthcoming once the
zoning has been set. They feel like this area is a good transition zone and their business will have very
limited evening and weekend traffic. Drew asked if the intent is to have one tenant on this parcel.
Mahowald explained that they plan to use about half of this parcel for the dental office.
Steve Timmerman, 1600 Mockingbird Lane, is wondering if there will be any lighting regulations that
go along with new developments. Miller explained the regulations that will be enforced by the City.
Linda Watson, 1618 Main Ave S, is concerned about a service store possibly being here, does this
mean that there will be traffic at times other than 9 to 5. Her main concern is the traffic since it is a
road that is already very congested.
Kay Shadewald, lives in the apartments near here, she is also concerned about the traffic.
Laura and Scott Sroufe, 1534 Main Ave S, they too are concerned about the traffic that could result
because of a business here. This then is also a safety concern. She wondered if the City could look at
decreasing the speed limit in this area. They are concerned about the “unknown” business that could
potentially be built here.
Mills feels that the B-2A zone is a good use for this area. He does think it would be nice if the
applicant could provide more information to be able to answer questions regarding this request.
Fargen also feels that this is a good fit for this area. He does appreciate the neighbors stating their
concerns regarding the traffic and the lighting. Rasmussen agrees with Fargen. He feels that an office
building being put in a neighborhood like this is a good choice. The zone is restrictive and there won’t
be a business that will cause a lot of traffic.
Sou th Ma in R ez on e
307 ft
Sou th Ma in R ez on e
308 ft
Master Map
master map of GIS DATA
BrookingsCityLimits
FLU_RDG
Urban Reserve (UR)
Low Density
Residential (LDR)
Medium Density
Residential (MDR)
High Density
Residential (HDR)
Manufactured Home
Court (MHC)
Urban Low Intensity
(ULI)
Urban Medium
Intensity (UMI)
Urban High Intensity
(UHI)
Urban Strategy Area
Park (P)
Open/Wetlands
(O/W)
Open/Floodplain
(O/F)
Public Facilities (PF)
Civic (C)
300ft
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 21-011,Version:1
Introduction and First Reading on Ordinance 21-011, an Ordinance to Change the Zoning Within the
City of Brookings, rezoning Lot 11A, Block 6 of Folsom's Addition (also known as 204 1st Street
South) from an Industrial I-1 Light District to a Business B-3 Heavy District. Public Hearing: June 8,
2021.
Summary:
CD Properties, LLC has submitted a petition to rezone 204 1st Street South from Industrial I-1 Light
District to Business B-3 Heavy District.
Recommendation:
The Development Review Team is supportive of the rezoning request. Staff recommends approval of
the ordinance as presented.
The Planning Commission voted 8-0 to recommend approval.
Attachments:
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: May 25, 2021
Subject: Rezone 204 1st Street South from I-1 to Business B-3 heavy
district
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
CD Properties, LLC has submitted a petition to rezone 204 1st Street South from
Industrial I-1 light district to Business B-3 heavy district.
Background:
CD Properties LLC is redeveloping the property known as 204 1st Street South. The
property was formerly part of the AgFirst Farmers Cooperative operation along 1 st
Street. Two lots situated on the property were recently replatted in preparation of a
demolition and rebuild of one building located on the north end of th e property. Another
building on the southern edge of the property will remain. The intended use of the two
buildings are for contractor’s shops and/or temporary personal storage type uses.
Item Details:
The property is currently zoned Industrial I-1 light district. Adjacent zoning districts
include R-1B (south and west), I-1 (east and west), and I-2 (north). Although surrounded
by non-commercial districts, the property is located in an area with similar uses. The I-1
zoning district allows contractor’s shops as a permitted use whereas the B -3 district
allows contractor’s shops as a special permitted use with the condition that all
equipment and materials be contained within a completely enclosed building. B-3 does
allow temporary storage whereas I -1 does not.
The Future Land Use Map places this area in the Downtown District. The downtown
area is home to a variety of zoning districts with many B -3 zoned properties scattered
around the southern end of the Downtown District land use area.
Legal Consideration:
None.
Strategic Plan Consideration:
5) Economic Growth – this ordinance will rezone a property with the intention of
offering space for businesses and contractor’s shops.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Development Review Team is supportive of the rezoning request. Staff
recommends approval of the ordinance as presented.
The Planning Commission voted 8-0 to recommend approval.
Supporting Documentation:
1. Ordinance
2. Notice
3. Planning Commission Minutes
4. Application
5. Aerial Map
6. Zoning Map
7. Future Land Use Map
Ordinance 21-011
An Ordinance to Change the Zoning Within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
Lot 11A in Block 6 of Folsom's Addition, City of Brookings, Brookings County,
South Dakota (also known as 204 1st Street South) from an Industrial I-1 Light
District to a Business B-3 Heavy District.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2021
Second Reading and Adoption: June 8, 2021
Published:
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that CD Properties, LLC has submitted a petition to
rezone the following described real estate in the City of Brookings and Brookings County,
South Dakota:
Lot 11A in Block 6 of Folsom’s Addition, An Addition to the City of Brookings,
Brookings County, South Dakota
The request is to rezone the above from Industrial I-1 light district to Business B-3 heavy
district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, June 8, 2021, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard in this matter.
Dated this 28th day of May, 2021.
Bonnie Foster
City Clerk
Planning Commission
Brookings, South Dakota
May 4, 2021
OFFICIAL MINUTES
Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on
Tuesday May 4, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, Ashley Biggar, James Drew,
Greg Fargen, Jacob Mills, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Also
present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer
Jackie Lanning, Justin Bucher, Chuck May, Andy Mahowald, Steve Timmerman, Linda Watson, Kay
Shadewald, Laura and Scott Sroufe, Grant Loeffelbein, Ted Elverson, David Kneip, and Chad
Borchard.
Drew recused himself.
Item #4b - CD Properties LLC submitted a petition to rezone Lot 11A, Block 6, Folsom Addition,
also known as 204 1st St S from an Industrial I-1 light district to Business B-3 heavy district.
(Mills/Fargen) Motion to approve the rezone request. All present voted aye. MOTION CARRIED.
Drew returned to the Commission.
OFFICIAL SUMMARY
Item #4b – This parcel is located on 1st Street South which has historically been used for industrial
uses. The reason for the rezone is to allow for contractor shops and temporary storage. James Drew,
representing CD Properties stated that their intent is to build contractor shops here. They also would
like to use this parcel for personal storage and this isn’t allowed in an I-1 District.
204 1st St R ez on e
154 ft
204 1st St R ez on e
154 ft
Master Map
master map of GIS DATA 300ft
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 21-014,Version:1
Introduction and First Reading on Ordinance 21-014, an Ordinance to Change the Zoning within the
City of Brookings, rezoning Lot 1, Block 2 of Folsom Addition (also known as 530 1st Street South)
and Lots 2 and 3, Block 2 of Folsom Addition (also known as 110 6th Avenue South) from an
Industrial I-1 Light District to a Business B-3 Heavy District. Public Hearing: June 8, 2021.
Summary:
Granted Properties, LLC has submitted a petition to rezone 530 1st Street South and 110 6th Avenue
South from Industrial I-1 Light District to Business B-3 Heavy District.
Recommendation:
The Planning Commission voted 9 - 0 recommending approval of the rezoning request. The
Development Review Team is supportive of the rezoning request. Staff recommends approval of the
ordinance as presented.
Attachments:
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: May 25, 2021
Subject: Rezone 530 1st Street South and 110 6th Avenue South from
I-1 to Business B-3 Heavy District
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Granted Properties, LLC has submitted a petition to rezone 530 1st Street South and
110 6th Avenue South from Industrial I-1 Light District to Business B-3 Heavy District.
Background:
Granted Properties, LLC, recently purchased the property at 530 1st Street South and
110 6th Avenue South. Currently, the owners operate a siding and roofing shop on site.
This use would be allowed as a special permitted use in the Business B -3 Heavy
District. The applicant plans to add additional contractor’s shops and/or temporary
personal storage on the property as well as potentially develop a mixed business and
residential use. The mixed business and residential development would require a
conditional use permit in the B-3 District. A Conditional Use Permit Application has
been applied for as well and will be reviewed separately. Temporary personal storage
is not allowed in the I-1 District, but is allowed in the B-3 District.
Item Details:
The property is currently zoned Industrial I-1 Light District. Adjacent zoning districts
include R-3A (south, east and west) and I-2 to the north. Although surrounded by non-
commercial districts, the property is located in an area with similar uses. The I-1 Zoning
District allows contractor’s shops as a permitted use whereas the B-3 District allows
contractor’s shops as a special permitted use with the condition that all equipment and
materials be contained within a completely enclosed building. The I-1 Zoning District
does not allow temporary personal storage whereas the B -3 Zoning District allows this
use. The B-3 District is more compatible with surrounding residential districts than the
I-1 District.
The Future Land Use Map classifies this area as Urban-High Intensity (UHI). The
Urban-High Intensity Land Use Classification supports a B-3 Zoning District, but would
not currently support a rezoning request to I -1. Therefore, the rezoning request is
consistent with the Comprehensive Plan.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – this ordinance will rezone a property with the intention of offering
space for businesses and contractor’s shops.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Planning Commission voted 9 – 0 recommending approval of the rezoning request.
The Development Review Team is supportive of the rezoning request. Staff
recommends approval of the ordinance as presented.
Supporting Documentation:
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Future Land Use Map
Ordinance 21-014
An Ordinance to Change the Zoning within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
Lot One (1) in Block Two (2) of Folsom’s Addition to the City of Brookings,
Brookings County, South Dakota (also known as 530 1st Street South) from an
Industrial I-1 Light District to a Business B-3 Heavy District; and
Lots Two (2) and Three (3) in Block Two (2) of Folsom’s Addition to the City of
Brookings, Brookings County, South Dakota (also known as 110 6th Avenue South)
from an Industrial I-1 Light District to a Business B-3 Heavy District.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2021
Second Reading and Adoption: June 8, 2021
Published:
CITY OF BROOKINGS, SD
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Granted Properties LLC has submitted a petition
to rezone the following described real estate in the City of Brookings and Brookings
County, South Dakota:
Lot One (1) in Block Two (2) of Folsom’s Addition to the City of Brookings,
Brookings County, South Dakota (also known as 530 1st Street South); and
Lots Two (2) and Three (3) in Block Two (2) of Folsom’s Addition to the City of
Brookings, Brookings County, South Dakota (also known as 110 6th Avenue South)
The request is to rezone the above from Industrial I-1 light district to Business B-3 heavy
district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council
at 6:00 PM on Tuesday, June 8, 2021, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard in this matter.
Dated this 28th day of May, 2021.
Bonnie Foster
City Clerk
Planning Commission
Brookings, South Dakota
May 4, 2021
OFFICIAL MINUTES
Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on
Tuesday May 4, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, Ashley Biggar, James Drew,
Greg Fargen, Jacob Mills, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Also
present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer
Jackie Lanning, Justin Bucher, Chuck May, Andy Mahowald, Steve Timmerman, Linda Watson, Kay
Shadewald, Laura and Scott Sroufe, Grant Loeffelbein, Ted Elverson, David Kneip, and Chad
Borchard.
Item #4c – Granted Properties LLC submitted a petition to rezone Lot 1, Block 2, Folsom Addition,
also known as 530 1st St S and Lot 2 and Lot 3, Block 2, Folsom Addition, also known as 110 6th Ave
S from Industri8al I-1 light district to Business B-3 heavy district.
(Rasmussen/Pierce) Motion to approve the rezone request. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #4c – This parcel is located on 1st Street South. These parcels will be replatted into one lot. The
developer would like to build a contractor shop and also/or temporary personal storage which is not
allowed in an I-1 District.
Gra nted Pro p erties R ez on e
154 ft
Gra nted Pro p erties R ez on e
154 ft
Master Map
master map of GIS DATA 100ft
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 21-018,Version:1
Introduction and First Reading on Ordinance 21-018, an Ordinance to permit by Conditional Use an
Office in a Residence R-2 Two-Family District on the South 105 Feet of Lot 1 in Block 7 of
Morehouse Addition, also known as 903 8th Street. Public Hearing: June 8, 2021.
Summary:
TB Partnership, LLC has submitted an application for a Conditional Use Permit in order to establish
an office use within the Residence R-2 Single-Family District.
Recommendation:
The Planning Commission voted 9 - 0 recommending approval with the staff’s conditions. The
Development Review Team supports the Conditional Use Permit request.
Staff recommends approval with the following conditions:
·The conditional use permit is for the applicant only and cannot be transferred to subsequent
property owners
·The conditional use permit is for rental management office space only
·No residential units are permitted as long as the conditional use permit is in place
·Boulevard parking along 9th Avenue will satisfy the parking needs. No additional off-street
parking should be added. Screening will not be required
·Any signage requires a sign permit and must conform to the standards and allowances set for
the R-2 district
Attachments:
Memo
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: May 25, 2021
Subject: Conditional Use Permit for an office in a Residence R-
2 Single-Family District at 903 8th Street.
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
TB Partnership, LLC has submitted an application for a Conditional Use Permit in order
to establish an office use within the Residence R-2 Single-Family District.
Background:
TB Partnership, LLC, has recently moved rental management offices into the building at
903 8th Street. The property is a single-family structure which has been converted for
use as an office. An office use within the R-2 District is allowed by Conditional Use
Permit under the following conditions:
Such uses shall be located on a collector or arterial street .
Special attention shall be given to the architectural compatibility with
surrounding residential properties .
Consideration shall be given to the traffic generated by such use, the type of
sign, the hours of operation and the character of the use .
Parking shall be screened from any adjacent residential area .
Item Details:
The property is located at the corner of 8th Street and 9th Avenue. An existing single-
family dwelling is located on the property. This single-family dwelling has been
historically tied to a rental apartment to its north. Parking has been established in the
boulevard along 9th Avenue for use by the apartment building to the north. TB
Partnership has since established an office use within the dwelling, requiring a
Conditional Use Permit due to its location within the R-2 Zoning District.
Pertaining to the conditions established for an office conditional use, the property is
located along a collector street, 8th Street. The dwelling blends in architecturally with
the surrounding due to its original use as a single family home. The Brookings Historic
Preservation Commission has reviewed the proposed project and has recommended
approval of the conversion into offices. Traffic generated by the use should be minimal,
with infrequent customers stopping by to sign leases or pay rent. Much of this activity is
now done electronically, reducing the need to visit rental management offices. No
signage information has been presented; however, any signage must conform to the
sign code established for the R-2 Zoning District. Hours of operation and the character
of the use are not a concern due to the nature of the business operating in the office.
As mentioned, parking has been established within the boulevard along 9 th Avenue.
Parking standards for an office use require five spaces plus one additional space for
each 400 square feet of floor area over 1,000 square feet . Accordingly, six spaces
would be required for the use. Boulevard parking on site is sufficient to meet the
needs; however, screening would not be possible. Parking could be established in the
rear yard area; however, maintaining green space and minimizin g additional parking
areas would be less detrimental t o the surrounding neighborhood.
The Conditional Use Permit would be for an office use only. The R-2 District does not
allow for a mix of business and residential within the dwelling and the Conditional Use
Permit is not for a home occupation. Therefore, no residences would be allowed upon
the issuance of a Conditional Use Permit for an office use.
Legal Considerations:
None.
Strategic Plan Considerations:
Economic Growth – this ordinance would approve a conditional use for an office that
supports rental housing options.
Financial Considerations:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Planning Commission voted 9 – 0 recommending approval with staff’s conditions.
The Development Review Team supports the conditional use permit request.
Staff recommends approval with the following conditions:
The conditional use permit is for the applicant only and cannot be transferred to
subsequent property owners.
The conditional use permit is for rental management office space only.
No residential units are permitted as long as the conditional use permit is in
place.
Boulevard parking along 9th Avenue will satisfy parking needs, no additional off-
street parking should be added and screening will not be required .
Any signage requires a sign permit and must conform to standards and
allowances set for the R-2 District.
Supporting Documentation:
Ordinance
City Council Public Hearing Notice
Planning Commission Minutes
Application
Aerial Map
Zoning Map
Ordinance 21-018
An Ordinance pertaining to an Application for a Conditional Use to Establish an
Office in a Residence R-2 Two-Family District
Be It Ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved to operate an office on the South 105 feet of Lot 1 in
Block 7 of Morehouse Addition, also known as 903 8th Street with the following
conditions:
1) The conditional use permit is for the applicant only and cannot be transferred
to subsequent property owners.
2) The conditional use permit is for rental management office space only.
3) No residential units are permitted as long as the conditional use permit is in
place.
4) Boulevard parking along 9th Avenue will satisfy the parking needs, no
additional off-street parking should be added and screening will not be
required.
5) Any signage requires a sign permit and must conform to the standards and
allowances set for the R-2 district.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: May 25, 2021
Second Reading: June 8, 2021
Published:
CITY OF BROOKINGS
__________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON APPLICATION FOR CONDITIONAL USE PERMIT
NOTICE IS HEREBY GIVEN that TB Partnership LLC has submitted an
application for a Conditional Use Permit on the following described real estate in the
City of Brookings:
The South 105 Feet of Lot 1 in Block 7 of Morehouse Addition to the Town, now
City of Brookings, Brookings County, South Dakota, according to the recorded
plat thereof, also known as 903 8th Street.
The request is to operate an office within the Residence R-2 two-family district.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Council at 6:00 PM on Tuesday, June 8, 2021 in the Chambers Room on the third floor
of the Brookings City and County Government Center at 520 Third Street, Brookings,
South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 28th day of May, 2021.
Bonnie Foster
City Planner
Planning Commission
Brookings, South Dakota
May 4, 2021
OFFICIAL MINUTES
Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on
Tuesday May 4, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, Ashley Biggar, James Drew,
Greg Fargen, Jacob Mills, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Also
present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer
Jackie Lanning, Justin Bucher, Chuck May, Andy Mahowald, Steve Timmerman, Linda Watson, Kay
Shadewald, Laura and Scott Sroufe, Grant Loeffelbein, Ted Elverson, David Kneip, and Chad
Borchard.
Item #5b – TB Partnership LLC submitted an application for a Conditional Use Permit on the South
100 feet of Lot 1 in Block 7 of Morehouse Addition, also known as 903 8th St. The request is to
operate an office within the Residence R-2 two-family district.
(Rasmussen/Fargen) Motion to approve the Conditional Use Permit with the following conditions set
forth by staff: 1) the conditional use permit is for the applicant only and cannot be transferred to
subsequent property owners; 2) the conditional use permit is for rental management office space only;
3) No residential units are permitted as long as the conditional use permit is in place; 4) boulevard
parking along 9th Avenue will satisfy the parking needs, no additional off-street parking should be
added and screening will not be required; 5) Any signage requires a sign permit and must conform to
the standards and allowances set for the R-2 district. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #5b – This request is to allow for an office in a residential district. This property does have
boulevard parking. Hours of operation will be typical business hours. Staff does recommend approval
based on conditions.
David Kneip explained that they won’t have much traffic to this business. He does feel that the
location of this property for this business is ideal and a good location for the college students.
903 8th Street
154 ft
903 8th Street
154 ft
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-044,Version:1
Action on Resolution 21-044, a Resolution Authorizing the Retirement Brookings Municipal Utility
Bonds (2005).
Summary:
This resolution will facilitate the retirement of BMU Bonds issued in 2005 and authorize the Executive
Vice President and General Manager of BMU to execute documents necessary to retire the
outstanding debts by BMU Resolution No. 13-21 and Resolution No. 14-21 passed by the BMU
Board on May 10, 2021.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Steve Meyer, BMU Executive VP/General Manager
Council Meeting: May 25, 2021
Subject: Brookings Municipal Utilities (BMU) Bond Retirement
Issued 2005
Person(s) Responsible: Steve Meyer
Summary:
This resolution will facilitate the retirement of BMU Bonds issued in 2005 and authorize the
Executive Vice President and General Manager of BMU to execute documents necessary to
retire the outstanding debts by BMU Resolution No. 13-21 and Resolution No. 14-21 passed by
the BMU Board on May 10, 2021.
Background:
The 2005 bond issue originally totaled $1,600,000. The bond funded the South Dakota State
University substation facilities in the Electric Fund. The average interest rate on the outstanding
debt is approximately 5.95% and the bonds were originally scheduled to be totally paid off by
June 2028.
The 2011 bond issue originally totaled $6,500,000. The bond funded the reconstruction of 3
substations to include 4 transformers and construction of a 115 KV transmission line in the
Electric Fund. The average interest rate on the outstanding debt is approximately 3.43% and
the bonds were originally scheduled to be totally paid off by December 2031.
The outstanding balances at their retirement date total the amounts listed below:
Outstanding Principal Balance
Electric Fund 2005 Bond Issue –
Retire June 1, 2021
$658,200
Electric Fund 2011 Bond Issue –
Retire December 1, 2021
$3,880,000
Total Principal $4,538,200
Less Bond Reserves ($525,529)
Total Outstanding Debt $4,012,671
Item Detail:
The BMU Board and City Council have a history of working closely on BMU debt. Supporting
resolutions make it clear that both bodies are in agreement, which makes the bonds more
attractive to investors and likely to receive better terms when issuing debt. The supporting
resolutions when retiring debt is a good practice that supports clear communication and
transparency.
Legal Consideration:
None.
Financial Consideration:
With the early retirement of debt, BMU financial plans continue to be met along with avoiding
the initial interest rate charged on these bonds.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move to a Study Session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Resolution 21-044
A Resolution Authorizing the Retirement of Brookings Municipal Utility Bonds
Whereas, Brookings Municipal Utilities (BMU) has outstanding debt of $658,200 from
municipal tax exempt bonds issued in 2005; and
Whereas, the Brookings Municipal Utilities Board has determined that it is beneficial to
BMU to retire the above mentioned bonds issued in 2005; and
Whereas, the Brookings Municipal Utilities Board has further determined that there are
sufficient resources within the BMU fund balances to retire the debt outstanding from
the above mentioned bonds; and
Whereas, on May 10, 2021 the Brookings Municipal Utilities Board authorized the
Executive Vice President and General Manager of BMU to execute the documents
necessary to retire the outstanding debt from the municipal tax free bonds issued in
2005 by BMU Resolution No. 13-21; and
Whereas, the City Council recognizes the benefit of the retirement of the 2005 bonds;
and
Whereas, this authorization by the City Council will facilitate the retirement of the 2005
bonds effective June 1, 2021.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the retirement of Brookings Municipal Utility Bonds issued in 2005
is hereby authorized; and
B. That the Mayor, City Clerk and the Executive Vice President and
General Manager of BMU are authorized to execute the documents
and notices required to retire the 2005 Brookings Municipal Utility
Bonds in accordance with this Resolution.
Passed and approved on the 25th day of May, 2021.
CITY OF BROOKINGS:
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-045,Version:1
Action on Resolution 21-045, a Resolution Authorizing the Retirement of Brookings Municipal Utility
Bonds (2011).
Summary:
This resolution will facilitate the retirement of BMU Bonds issued in 2011 and authorize the Executive
Vice President and General Manager of BMU to execute documents necessary to retire the
outstanding debts by BMU Resolution No. 13-21 and Resolution No. 14-21 passed by the BMU
Board on May 10, 2021.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 5/20/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Steve Meyer, BMU Executive VP/General Manager
Council Meeting: May 25, 2021
Subject: Brookings Municipal Utilities (BMU) Bond Retirement
Issued 2011
Person(s) Responsible: Steve Meyer
Summary:
This resolution will facilitate the retirement of BMU Bonds issued in 2011 and authorize the
Executive Vice President and General Manager of BMU to execute documents necessary to
retire the outstanding debts by BMU Resolution No. 13-21 and Resolution No. 14-21 passed by
the BMU Board on May 10, 2021.
Background:
The 2005 bond issue originally totaled $1,600,000. The bond funded the South Dakota State
University substation facilities in the Electric Fund. The average interest rate on the outstanding
debt is approximately 5.95% and the bonds were originally scheduled to be totally paid off by
June 2028.
The 2011 bond issue originally totaled $6,500,000. The bond funded the reconstruction of 3
substations to include 4 transformers and construction of a 115 KV transmission line in the
Electric Fund. The average interest rate on the outstanding debt is approximately 3.43% and
the bonds were originally scheduled to be totally paid off by December 2031.
The outstanding balances at their retirement date total the amounts listed below:
Outstanding Principal Balance
Electric Fund 2005 Bond Issue –
Retire June 1, 2021
$658,200
Electric Fund 2011 Bond Issue –
Retire December 1, 2021
$3,880,000
Total Principal $4,538,200
Less Bond Reserves ($525,529)
Total Outstanding Debt $4,012,671
Item Detail:
The BMU Board and City Council have a history of working closely on BMU debt. Supporting
resolutions make it clear that both bodies are in agreement, which makes the bonds more
attractive to investors and likely to receive better terms when issuing debt. The supporting
resolutions when retiring debt is a good practice that supports clear communication and
transparency.
Legal Consideration:
None.
Financial Consideration:
With the early retirement of debt, BMU financial plans continue to be met along with avoiding
the initial interest rate charged on these bonds.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move to a Study Session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Resolution 21-045
A Resolution Authorizing the Retirement of Brookings Municipal Utility Bonds
Whereas, Brookings Municipal Utilities (BMU) has outstanding debt of $3,880,000 from
municipal tax exempt bonds issued in 2011; and
Whereas, the Brookings Municipal Utilities Board has determined that it is beneficial to
BMU to retire the above mentioned bonds issued in 2011; and
Whereas, the Brookings Municipal Utilities Board has further determined that there are
sufficient resources within the BMU fund balances to retire the debt outstanding from
the above mentioned bonds; and
Whereas, on May 10, 2021 the Brookings Municipal Utilities Board authorized the
Executive Vice President and General Manager of BMU to execute the documents
necessary to retire the outstanding debt from the municipal tax free bonds issued in
2011 by BMU Resolution No. 14-21; and
Whereas, the City Council recognizes the benefit of the retirement of the 2011 bonds;
and
Whereas, this authorization by the City Council will facilitate the retirement of the 2011
bonds effective December 1, 2021.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the retirement of Brookings Municipal Utility Bonds issued in 2011
is hereby authorized; and
B. That the Mayor, City Clerk and the Executive Vice President and
General Manager of BMU are authorized to execute the documents
and notices required to retire the 2011 Brookings Municipal Utility
Bonds in accordance with this Resolution.
Passed and approved on the 25th day of May, 2021.
CITY OF BROOKINGS:
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-041,Version:1
Action on Resolution 21-041, a Resolution Declaring Jurisdictional Change of a Portion of 214th
Street (20th Street South).
Summary:
This resolution will authorize the Jurisdictional Change for 214th Street (20th Street South) located
from approximately one thousand two hundred feet (1,200 feet) west of Interstate 29 to two hundred
fifty feet (250 feet) east of 34th Avenue from Aurora Township and Trenton Township to the City of
Brookings. The jurisdictional transfer will allow the City of Brookings to purchase right-of-way and
construct the 20th Street South Project with the Better Utilizing Investments to Leverage Development
(BUILD) Grant.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Aurora Township Resolution
Trenton Township Resolution
Map
City of Brookings Printed on 5/24/2021Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: May 25, 2021
Subject: Resolution 21-041, Jurisdictional Change for a portion
of 214th Street (20th Street South)
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will authorize the Jurisdictional Change for 214th Street (20th Street
South) located from approximately one thousand two hundred feet (1,200 feet) west of
Interstate 29 to two hundred fifty feet (250 feet) east of 34th Avenue from Aurora
Township and Trenton Township to the City of Brookings. The jurisdictional transfer will
allow the City of Brookings to purchase right-of-way and construct the 20th Street South
Project with the Better Utilizing Investments to Leverage Development (BUILD) Grant.
Background:
The City of Brookings was awarded a federal “Better Utilizing Investments to Leverage
Development” (BUILD) Grant to construct 20th Street South between 22nd Avenue South
and 34th Avenue South along with an interchange at I-29 & 20th Street South. The
BUILD Grant was awarded through the U.S. Department of Transportation for a total
project cost anticipated at $23,347,037. The grant will fund 80% of the project and
approximately $4,669,407 or 20% of the funding is local. This local match is met with
City partners including $2 million from Brookings County, $669,407 from Private Donors
and $2 million of City funding to make the project possible.
To meet the timelines described in the grant, the South Dakota Department of
Transportation agreed to take the administrative lead while the City is identified as the
project manager. This grants the state greater oversight as they have extensive
knowledge and experience with federal grants, timelines, funding and large scale
projects.
Item Details:
The project design has been finalized and the consultants are negotiating with the
adjacent land owners for right-of-way and easements. A portion of the existing right-of-
way along 214th Street, otherwise known as 20th Street South, from approximately one
thousand two hundred feet (1,200 feet) west of Interstate 29 to two hundred fifty feet
(250 feet) east of 34th Avenue, is outside of the City limits. This portion of 214th Street
(20th Street South) is under the jurisdictional control of Aurora Township and Trenton
Townships. (See attached map)
The board members of Aurora Township and Trenton Township held a joint meeting on
May 17, 2021, to discuss the jurisdictional transfer from their township control to the City
of Brookings. SDCL §31-17-7 sets forth the procedure for the assignment of
responsibility for boundary line highways between organized townships and SDCL §9-
45-1 authorizes a municipality to construct, maintain and repair roads within its
jurisdiction. The board members unanimously approved resolutions for the
Jurisdictional change (attached).
The purpose of this resolution is to accept the jurisdictional control by the City of
Brookings for portions of 214th Street (20th Street South) to allow the City to plan,
finance and construct the street improvements necessary for the BUILD Grant Project .
At a later date, the jurisdiction for the portions of 20th Street South outside of City limits
will be transferred to Brookings County.
Legal Consideration:
City Attorney Britzman offered guidance related to the statutory requirements for the
jurisdictional transfer. SDCL §31-17-7 sets forth the procedure for assignment of
responsibility for boundary line highways between organized townships and SDCL §9-
45-1 authorizes a municipality to construct, maintain and repair roads within its
jurisdiction. SDCL 31-17-07 authorize a majority of supervisors of adjoining townships
to mutually agree to alternative procedures for apportioning the responsibilities and
costs of constructing, altering or repairing any township boundary line highway, bridge
or culvert. In addition, SDCL 31-17-16 allows a municipality to accept assignment of
responsibility of a township boundary line highway.
Strategic Plan Consideration:
5) Economic Growth: This project aligns with the strategic plan initiative to complete a
transportation component for future growth and development along the 20 th Street
South corridor.
Financial Consideration:
The local match of $4,669,407 has been set aside through prior Council action. In
addition, the City and County adopted a Memorandum of Understanding for
reimbursement.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Aurora Township Resolution
Trenton Township Resolution
Map
Resolution 21-041
A Resolution Declaring Jurisdictional Change of a Portion of 214th Street
(20th Street South)
Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows:
Whereas, the City of Brookings was awarded a federal “Better Utilizing Investments to
Leverage Development (BUILD) Grant to construct 20th Street South between 22nd
Avenue South and 34th Street South along with an interchange at I-29 & 20th Street
South; and
Whereas, a portion of 214th Street, otherwise known as 20th Street South, is currently
under the jurisdictional control of Aurora Township and Trenton Township; and
Whereas, Aurora Township and Trenton Township have adopted resolutions requesting
the jurisdictional transfer for a portion of 214th Street from approximately one thousand
two hundred feet (1,200 feet) west of Interstate 29 to two hundred fifty feet (250 feet)
east of 34th Avenue from Aurora Township and Trenton Township to the City of
Brookings; and
Whereas, the purpose of this resolution is to accept the jurisdictional control by the City
of Brookings for portions of 214th Street (20th Street South) to allow the City to plan,
finance, and construct the street improvements necessary for the BUILD Grant Project;
and
Whereas, SDCL §31-17-7 sets forth the procedure for assignment of responsibility for
boundary line highways between organized townships and SDCL §9-45-1 authorizes a
municipality to construct, maintain and repair roads within its jurisdiction.
Now, Therefore, the City of Brookings hereby accepts responsibility for the highway
described in this Resolution pursuant to applicable law, thereby including the above-
described highway within its jurisdiction.
Passed and approved on the 25th day of May, 2021.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
The South Half of the
Southwest
Quarter (S1/2SW1/4), except
Lot H1
thereof, and except the
Railroad
Right of Way thereof, in
Section
Thirty-two (32), Township One
Hundred Ten (110) North,
Range Forty-nine (49) West
of the 5th P.M., Brookings
County, South Dakota.
Lots Three (3) and Four (4)
and the South Half of the
Northwest Quarter (S1/2
NW1/4), except Lot H1
thereof, of Section Five (5),
Township One Hundred Nine
(109) North, Range Forty-nine
(49) West of the Fifth P.M.,
Brookings County, South
Dakota.
Government Lots 1 and 2, and the
S1/2 of the NE1/4, all of the
Northeast Quarter (NE1/4),
except Lots H-1 and
H2 thereof, in Section Six (6),
Township One Hundred Nine
(109) North, Range Forty-nine
(49) West of the 5th PM.,
Brookings County, South Dakota.
The Southeast Quarter (SE1/4), except
the West
Eight Hundred Thirty-seven
Feet (W 837’) of the South Five
Hundred Twenty and Forty-three One-
Hundredths
Feet (S 520.43’) thereof,
except Tracts A & B Wetland Easement,
LG Everist Addition thereof, except
Lots H1 and H3 thereof, and except
the Railroad Right of Way thereof, all
in Section Thirty-One (31),
Township One Hundred Ten (110) North,
Range Forty-Nine (49) West of the 5th
P.M., Brookings County South Dakota
The West Eight Hundred
Thirty-Seven Feet (W 837’) of
the South Five Hundred Twenty
and Forty-Three One-Hundredths Feet
(S 520.43’) of the Southwest Quarter
of the Southeast Quarter
(SW1/4SE1/4), except Lot H3 thereof,
Section Thirty-one (31),
Township One Hundred Ten (110) North,
Range Forty-nine (49) West of the 5th
P.M., Brookings County, South Dakota.
The Southwest Quarter
(SW1/4), except Lot H-4 in
Section Thirty-one (31),
Township One Hundred Ten
(110) North, Range Forty-nine
(49) West of the 5th P.M.,
City of Brookings, Brookings
County, South Dakota.
Block One (1), Mills Third Addition
in Government Lots 3 and 4 of
the Northwest Quarter (NW1/4) of
the
Northwest Quarter (NW1/4) of
Section
Six (6), Township One Hundred Nine
(109) North, Range
Forty-nine (49) West of the 5th P.M.,
Brookings County, South Dakota.
Sec. 5
T109N
R49W
Sec. 6
T109N
R49W
Sec. 32
T110N
R49W
Sec. 31
T110N
R49W
29
29
214 ST 214 ST
473 AVE214 ST
56
7 8
1
12
32
25
33
2930
4
9
28
3136
Brookings
0 500 Ft
\\SXF-SRV01\ENG\GIS\PROJECTS\CITY_OF_BROOKINGS\I29_EXIST130_20THST_INTERCHANGE_10220242\MAP_DOCS\BROOKINGS_I29_EXIT130_20THST_INTERCHANGE.APRX DATE: 3/26/2021
ROADWAY OWNERSHIP TRANSFER
EXHIBIT A
Existing ROW
Townships
Section Line
City Limits
Proposed ROW
Roadway Transfer
[
BROOKINGS I-29 (20TH STREET SOUTH) EXIT 130 INTERCHANGE
Aurora Township
Trenton Township
66' ROW
66' ROW
260' North
66' ROW
160' South
66' ROW
250' East
Aurora Township
Trenton Township
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-043,Version:2
Action on Resolution 21-043, a Resolution Repealing Resolution 21-024 Pertaining to Safety
Recommendations to Reduce the Spread of COVID-19 in the City of Brookings, South Dakota.
Summary:
The current resolution recommending face coverings will expire at the end of June. In April, Staff
recommended an evaluation of the COVID-19 conditions to determine if the elimination of all COVID-
19 legislation was warranted. Currently, Brookings has a substantial reduction of cases and a
moderate spread. Staff recommends rescinding the existing mask recommendation resolution.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 5/20/2021Page 1 of 1
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City Council Agenda Memo
From: Paul M. Briseno, City Manager
Council Meeting: May 25, 2021
Subject: Rescind COVID-19 Resolution
Person(s) Responsible: Paul Briseno, City Manager
Summary:
The current resolution recommending face coverings will expire at the end of June. In
April, Staff recommended an evaluation of the COVID-19 conditions to determine if the
elimination of all COVID-19 legislation was warranted. Currently, Brookings has a
substantial reduction of cases and a moderate spread. Staff recommends rescinding
the existing mask recommendation resolution.
Background:
In April, City Council approved a resolution recommending face coverings. The passed
legislation transitioned all requirements to recommendations. The mask
recommendation will expire in June.
Discussion:
Brookings County is in a moderate spread. None of the primary thresholds are met with
23 active cases as of the writing of this memo. Brookings County has 39.6% of the total
county population received at least one vaccine dose, and 46.5% of those 12 years and
older in Brookings County has received at least one vaccine dose. The total number of
deaths remains at 37.
The intention of extending the mask mandate was to protect those most vulnerable.
This population had the opportunity to become fully inoculated by the expiration of the
mandate. Staff recommends the elimination of the existing resolution.
Legal Consideration:
None.
Strategic Plan Consideration:
This recommendation aligns with the strategic plans #2 which provides a safe, inclusive,
and connected community.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends approval of the rescinding resolution as presented.
Supporting Documentation:
Resolution
Resolution 21-043
A Resolution Repealing Resolution 21-024 Pertaining to Safety Recommendations
to Reduce the Spread of COVID-19 in the City of Brookings, South Dakota.
I.
Whereas, the City of Brookings adopted Resolution 21-024, a Resolution providing
safety recommendations to reduce the spread of COVID-19 on April 27, 2021; and
Whereas, the reduction of COVID-19 cases in Brookings and the new Centers for
Disease Control and Prevention (CDC) guidelines provide a sufficient basis to terminate
Resolution 21-024; and
Whereas, the public is encouraged to continue to operate in a manner consistent with
the most recent CDC COVID-19 guidelines and any applicable recommendations from
the South Dakota Department of Health.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota that Resolution 21-024 is hereby repealed May 31, 2021.
Passed and approved this this 25th day of May, 2021.
CITY OF BROOKINGS
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0257,Version:1
Action to appoint City Council Member, effective 5/26/2021-4/30/2022.
Summary:
The City Council will take action to appoint a City Council Member for a term effective May 26, 2021
and ending April 30, 2022.
The following five Brookings residents have applied for the vacant Brookings City council member
position: Bradley Walker, Nate Holden, Julie Erickson, Brianna Doran, and Wayne Avery.
The applicants attended a special meeting on May 18th to provide additional information and respond
to questions.
Background:
A City Council member vacancy was created with the election of Council Member Oepke Niemeyer to
the office of 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, with the 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. 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 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.
Attachments:
Memo
Resolution 90-10: City Council Policy - City Council Vacancy
City Charter
Press Release
City of Brookings Printed on 5/20/2021Page 1 of 2
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File #:ID 21-0257,Version:1
Application
Code of Ethics - Council Member
Process and Timeline
City of Brookings Printed on 5/20/2021Page 2 of 2
powered by Legistar™
Updated: March 2021
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 25, 2021
Subject: City Council Appointment
Person(s) Responsible: Bonnie Foster, City Clerk and Steve Britzman, City
Attorney
Summary:
The City Council will take action to appoint a City Council Member for a term effective
May 26, 2021 and ending April 30, 2022.
The following five Brookings residents have applied for the vacant Brookings City
Council member seat: Bradley Walker, Nate Holden, Julie Erickson, Brianna Doran and
Wayne Avery. The applicants attended the May 18 th Study Session to provide
additional information and respond to questions.
The newly appointed City Council member will take their Oath of Office at the June 8 th
Council Meeting.
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 electi on, 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
Updated: March 2021
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:
The City Council will take action to appoint a City Council Member for a term effective
May 26, 2021 and ending April 30, 2022.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends City Council appoint an applicant to the vacant position.
Supporting Documentation:
Memo
Resolution 90-10: City Council Policy – City Council Vacancy
City Charter
Press Release
Application
Code of Ethics – Council Member
Process and Timeline
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: April 24, 2012
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 Cit y
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.
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(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.
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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.
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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 admin istration 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.
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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.
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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.
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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.
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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)
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
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!
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
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 21-0272,Version:1
Action to appoint the Deputy Mayor.
Summary:
The City Charter requires the City Council to annually appoint a Deputy Mayor. The Deputy Mayor’s
duties are to conduct City Council Meetings in the absence of the Mayor and to conduct ceremonial
duties when the Mayor is not available. This is a one-year term ending June 1, 2022.
City of Brookings Printed on 5/20/2021Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0273,Version:1
City of Brookings Progress Report.
Summary:
Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s
activities/projects.
Attachments:
Presentation
City of Brookings Printed on 5/20/2021Page 1 of 1
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Progress Report
May 2021
20th Street S. Interchange
•Project information available at
www.20thstinterchange.com
•Recent Updates
•Negotiating with land owners for ROW &
easements
•Negotiating with relocation properties and
tenants
•Construction plans were submitted to DOT Bid
Letting Office
•Phase 2 Grant Agreement submitted to FHWA
•Next Steps
•Transfer jurisdiction of 20th St. S. to City of
Brookings
•Certify utilities and ROW: Summer 2021
•Bid Project –Fall 2021
•Construction –2022 –2023
Jefferson Avenue Drainage Project
•Phase 1 Underway
•Asphalt Removed
•Installing Water Main
•Project Scope
•Water Main
•Storm Sewer
•Curb & Gutter
•Ramps
•Storm water sump collection pilot project
•Completion Date –October 2021
•Start –May 2021
•Completion –Sept.
2021
•Project Scope
•Traffic Signals with Video
Detection
•Curb
•Sidewalk Ramps
•Turn Lanes
8th St. S. & Medary Ave.
Traffic Signal
•Regular video segment with
City Manager Paul Briseno
•Submit a question with a
chance to win a “Bring Your
Dreams” mug
•Available on City’s YouTube,
Facebook, and website
Coffee with Paul
•Brookings ranks #7
•Safewise.com methodology
Safest South Dakota Cities
Spring Clean-Up
•Takeaways
•Tonnage and loads down from 2020
•Costs to the City
•Landfill Revenue Loss
•Roll-Off Service
•Labor
•Landfill/Collection
•Streets
•Parks, Recreation, and Forestry
2018 2019 2020 2021
Tons of Material 780 697 1,013 773
City Loads 340 349 457 413
Public Loads 1,060 861 1,627 924
Roll-Off Loads 41 34 48 45
Cost to City $195,448 $188,377 $200,891 $209,767
National Public Works Week
•May 16 –22, 2021
•Public Works includes:
•Street
•Engineering
•Solid Waste
•Services:
•Storm Water Management
•Street Maintenance
•Snow Removal
•Garbage/Recycling/Yard Waste Collection
•Landfill Operations
•Airport
•Launched April 22nd
•Closed May 17th
•47 Residents Participated
•82 Trees Planted
•Will be back in 2022!
Urban Forestry Initiative
•179 children
registered from 88
families.
•Teen and Adult
Registration begins
May 24.
Summer Reading Program
•CopLogic
•Online Police Reporting Tool
•Quick, convenient way to report
minor incidents
•Submit report and print for free
•Available June 2021
•Link will be on Police website
•In case of emergency, call/text 911
•Text to 911
•Now Available!
•For use when calling is not an option
Police