Loading...
HomeMy WebLinkAbout2022_12_13 CC PKT -revisedCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers5:30 PMTuesday, December 13, 2022 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:30 PM EXECUTIVE SESSION 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Executive Session 4.A.ID 22-0483 Executive Session, pursuant to SDCL 1-25-2.1, for the purpose 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. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING (Will not start before 6:00 p.m.) 5. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed or to make a brief announcement or invitation. Items will be scheduled at the end of the meeting. Individuals are asked to state their name and address for the record. Page 1 City of Brookings December 13, 2022City Council Meeting Agenda 6. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. 6.A.ID 22-0457 Action to approve City Council meeting minutes. 11/22/2022 MinutesAttachments: 6.B.RES 22-093 Action on Resolution 22-093, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Jesse Davis, LLC, dba Craft Fusion, Jesse Davis, owner, 610 Medary Avenue, Brookings, South Dakota. Legal description: Lots 3-4-5, Randi Peterson Addition. Resolution Operating Agreement Map Attachments: 7. Presentations/Reports: 7.A.ID 22-0476 Report: SDSU Student Association. 7.B.ID 22-0479 Reports: City Council Ex-Officio Reports 8. Contracts/Change Orders: 8.A.ID 22-0480 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law, for a one-year contract (01/01/2023 - 12/31/2023). Memo 2023 Agreement 2023 Agreement - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Page 2 City of Brookings December 13, 2022City Council Meeting Agenda 9.A.ORD 22-041 Introduction and First Reading on Ordinance 22-041, an Ordinance Amending Ordinance Section 82-521, and Pertaining to Maximum Duration of Parking in Public Parking Lots in the City of Brookings. Second Reading: December 20, 2022. Memo Ordinance Current City Code Joint Cooperative Agreement Attachments: 10. Public Hearings and Second Readings: 10.A.ORD 22-039 Second Reading and Action on Ordinance 22-039, an Ordinance Authorizing Budget Amendment No. 10 to the 2022 Budget. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/22/22 City Council read into the record 10.B.ORD 22-040 Public Hearing and Action on Ordinance 22-040, an Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94-137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Memo Ordinance - clean Ordinance - marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Attachments: Action: Open & Close Public Comment, Motion to Approve, Roll Call Legislative History 11/22/22 City Council read into the record 11. Other Business: Page 3 City of Brookings December 13, 2022City Council Meeting Agenda 11.A.ID 22-0492 Action to Authorize the change of location for Shangri-la SD, LLC, Shangri-La Dispensary, a Medical Cannabis Dispensary in the City of Brookings. Memo Application Location Map Ordinance 21-028 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Executive Session 13.A.ID 22-0482 Executive Session, pursuant to SDCL 1-25-2.1, for the purpose 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. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 14.RES 22-096 Action on Resolution 22-096, a Resolution Amending the City Manager’s Contract for 2023. Memo Resolution 2022 Contract 2018 Employment Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 15. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment (https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should understand their comments will become part of the official record and subject to review by all parties and the public. Page 4 City of Brookings December 13, 2022City Council Meeting Agenda Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0483,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for the purpose 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 pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 12/14/2022Page 1 of 2 powered by Legistar™ File #:ID 22-0483,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 12/14/2022Page 2 of 2 powered by Legistar™ 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 22-0457,Version:1 Action to approve City Council meeting minutes. Attachments: 11/22/2022 City Council Minutes City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ Brookings City Council November 22, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, November 22, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell, Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker. Absent: Council Member Joey Collins and City Manager Paul Briseno. Assistant City Manager Jacob Meshke, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Wendell, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 - Collins. Open Forum. Jeff Streuwe expressed compassion surrounding the shooting at Club Q in Colorado Springs, CO, and ongoing concerns about the Drag Show held at SDSU. Cole Sartell made a brief statement on the events in Colorado as they tie in to the Brookings community and the State of South Dakota. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 - Collins. A. Action to approve the 11/8/2022 and 11/15/2022 City Council Minutes. B. Action on the 2023 City Council Meeting Calendar. Report: Hobo Day 2022. Grand Pooba Regen Weiderich reported to the City Council the impact of Hobo Day and Hobo Week on the Brookings community. Hobo Day 2023 will be held on Saturday, October 14th. FIRST READING – Ordinance 22-039. An introduction and first reading was held on Ordinance 22-039, an Ordinance Authorizing Budget Amendment No. 10 to the 2022 Budget. Second Reading: December 13, 2022. FIRST READING – Ordinance 22-040. An introduction and first reading was held on Ordinance 22-040, an Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94- 137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Public Hearing and Action: December 13, 2022. Resolution 22-090. A public hearing was held on Resolution 22-090, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. A motion was made by Council Member Wendell, seconded by Council Member Doran, that Resolution 22-090 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker Absent: 1 - Collins. Resolution 22-090 - Resolution to Amend the Brookings, South Dakota Comprehensive Plan 2040 Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land Use Map, projects population figures for the planning period, and describes an integrated land use vision for the City; and Whereas, the owner of property legally described as the East 620 feet of Block 3B, Excluding Platted Areas, in Prairie Hills Addition, an addition to the City of Brookings, Brookings County, South Dakota wishes to amend the Future Land Use Map for the area described from and Urban-Low Intensity (U-L) and Open/Wetlands (O/W) to Medium Density Residential (MDR); and Whereas, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040; and Whereas, the City Planning Commission of the City of Brookings, SD has recommended approval of the amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17. Now, Therefore, Be It Resolved that said amendment to the Future Land Use Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings. Amended Initial Development Plan. A public hearing was held on an Amended Initial Development Plan for Block 3B of Prairie Hills Addition. A motion was made by Council Member Wendell, seconded by Council Member Doran, that the amended Initial Development Plan, be approved. Public Comment: Lane Warzecha, HME Management Development Project Manager. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker Absent: 1 - Collins. Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 4, 2023, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the Temporary Alcohol Application be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker Absent: 1 - Collins. Resolution 22-091. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 22-091, a Resolution to Annex the North 18.84 acres of Tract 1 of BMU WTP Addition (Formerly Tract 1 Hansen Addition) in the NW ¼, Section 20, Township 110 North, Range 49 West of the 5th PM, Brookings County, South Dakota, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker Absent: 1 - Collins. Resolution 22-091 - Resolution to Annex the North 18.84 Acres of Tract 1 of BMU WTP Addition in the Northwest ¼ of Section 20, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three -fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory; and Whereas, the City of Brookings desires to annex the following described property, to wit: the North 18.84 Acres of Tract 1 of BMU WTP Addition in the Northwest ¼ of Section 20, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota; and Whereas, the aforementioned land is contiguous to the present boundaries of the City of Brookings; and Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforementioned property and there being no legal voters residing in said territory. Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Resolution 22-089. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 22-089, a Resolution Amending the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker Absent: 1 - Collins. Resolution 22-089 - Resolution Amending the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make references to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following amendments to the Consolidated Fee Schedule: Description Fee Larson Nature Center Atrium (per hour) $75.00 Deluxe Event Package $800.00 Special Event Package $500.00 Activity Center Community Room (per hour) $30.00 Set Up Fee (night before) – flat fee $25.00 Kitchen Fee – flat fee $50.00 Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that this meeting be adjourned at 6:57 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-093,Version:1 Action on Resolution 22-093, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Jesse Davis, LLC, dba Craft Fusion, Jesse Davis, owner, 610 Medary Avenue, Brookings, South Dakota. Legal description: Lots 3-4-5, Randi Peterson Addition. Summary: The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. The original 10-year Agreement was entered into December 2017. Recommendation: Staff recommends approval Attachments: Resolution Operating Agreement Map City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ Resolution 22-093 On-Sale Liquor Operating Agreement – 5-year mid-term renewal Jesse Davis LLC, dba Craft Fusion Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and Jesse Davis LLC, Jesse Davis, owner, dba Craft Fusion, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 610 Medary Avenue. Legal description: Lots 3-4-5, Randi Peterson Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement renewal on behalf of the City, which shall be for a period of five (5) years. Passed and approved this 13th day of December, 2022. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT – 5-year mid-term renewal Jesse Davis, LLC, dba Craft Fusion THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Jesse Davis, owner, Jesse Davis LLC, dba Craft Fusion, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lots 3-4-5, Randi Peterson Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off - Sale establishment. V. This Agreement constitutes a renewal of the current Operating Agreement and shall be in full force and effect for a period of five (5) years. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off -Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledge s, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State la ws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 13th day of December, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: B rook ings County, SD Developed by Par cel ID 405000010000300 Sec/T wp/Rng -- Pr oper ty Address 610 MEDARY AVE BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address J & J DAVIS L L C 610 MEDARY AVE BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption RANDI P ETERSO NS ADDN, L OTS 3, 4 & 5, BLK 1 150 X 165 (Note: Not to be used on leg a l documents) Date created: 12/5/2022 Last Data Uploa ded: 12/5/2022 8:09:52 AM 98 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0476,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Erika Van Nieuwenhuyse, will provide an update on SDSU happenings to the City Council and members of the public. Erika is a Senior Political Science Major with minors in Legal Studies and Philosophy. She plans to attend law school following graduation from SDSU in May 2023. She has always enjoyed learning about government and has been involved in state government since her freshman year at SDSU by interning for both the SD House of Representatives, and most recently, Governor Noem. The Students' Association is comprised of all General Activity Fee-paying students at South Dakota State University. The Students' Association Senate is the official student government organization at SDSU, consisting of 26 senators representing each of the academic colleges and the student body president and vice president. The Students' Association Senate serves as a representative body to bring the voice of SDSU students to university administration, faculty, staff, state legislators and the South Dakota Board of Regents of Higher Education. The Students' Association also allocates student fee funds to support various campus entities, facilities and many student organizations. SDSU SA Website:<https://www.sdstate.edu/students-association> City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ 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 22-0479,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Bonny Specker Brookings Health Systems Board of Trustees: 1.Council Member Joey Collins 2.Council Member Brianna Doran City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ 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 22-0480,Version:1 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law, for a one-year contract (01/01/2023 - 12/31/2023). Summary: City Council approves the agreement for legal services with the City Attorney. The attached agreement is consistent with the 2022 agreement. Changes from prior years include the payment for services beyond fifty (50) hours a month up to seventy (70) and the City Attorney fee which is proposed to increase up to 5%. Recommendation: Staff recommends approval. Attachments: Memo 2023 Agreement 2023 Agreement - marked City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul Briseno, City Manager Council Meeting: December 13, 2022 Subject: City Attorney Legal Services Renewal Agreement Presenter: Paul Briseno, City Manager Summary: City Council approves the agreement for legal services with the City Attorney. The attached agreement is consistent with the 2022 agreement. Changes from prior years include the payment for services beyond fifty (50) hours a month up to seventy (70) and the City Attorney fee which is proposed to increase up to 5%. Background: The City Charter identifies the City Attorney as one of three positions appointed by the City Council. The City Attorney services are contracted and outlined within an annual agreement. The agreement outlines the performance of legal services, conflicts of interests, reimbursement for services, and scope of services noted on page 4 items 1- 17. Item Details: The proposed 2023 Agreement reflects similar parameters as the 2022 Agreement. An increase of 5% is projected based on a successful evaluation of services. The 2023 annual contract is $108,223.44 and an hourly rate of $180.37 for litigation or substantial recodification. Additionally, $4,000 is budgeted for membership and professional training. A section was added setting forth compensation reimbursement for fees when services exceed Fifty (50) hours per month up to seventy (70) hours. This rate is agreed to be at $200.00 an hour. Legal Consideration: None. Financial Consideration: The financial considerations include a 5% increase, $1,000 increase for memberships and additional costs for services beyond fifty (50) hours a month at $200 per hour up to seventy (70) hours. Over the past three years, the City Attorney averages eight (8) additional hours a month. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approving the City Attorney legal services renewal agreement . Supporting Documentation: 2023 Agreement 2023 Agreement - marked Legal Services Agreement THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2023 and ending December 31, 2023, unless extended by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2023 through December 31, 2023 up to Nine Thousand Eighteen and 62/100 ($9,018.62) Dollars for the first Fifty (50) hours of legal services performed each month, payable on the last day of the month. For all services provided in excess of Fifty (50) hours per month, Steven J. Britzman shall be compensated at a rate of a Two Hundred and no/100 ($200.00) Dollars per hour, up to a maximum of Seventy (70) hours per month, payable on the last day of the month. If the City Attorney performs more than Seventy (70) hours of service per month, there will be no further compensation paid to the City Attorney for services in excess of Seventy (70) hours, unless the services are specifically contracted because they are outside the Scope of Services. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $200.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 2 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Four Thousand Dollars ($4,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association and South Dakota Municipal League which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. 7. Appointment and Compensation of Assistant City Attorney It is further understood and agreed that Eric Rasmussen be appointed as Assistant City Attorney, based upon the recommendation of the City Manager and City Attorney. The term of office of the Assistant City Attorney shall coincide with the City Attorney’s term of office and the scope of services shall be as set forth in this Legal Services Agreement. The compensation for the Assistant City Attorney shall be paid in the following manner: a) If the City Attorney performs Fifty (50) or fewer hours of service per month, the City Attorney will pay all of the compensation for the Assistant City Attorney. b) If the City Attorney performs more than Fifty (50) hours of service per month, then the City will reimburse the City Attorney for all of the fees paid by the City Attorney to the Assistant City Attorney for the month. Dated this 13th day of December, 2022. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this 13th day of December, 2022. CITY OF BROOKINGS, SD Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk 3 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. If the City Attorney is unable to attend, then the Assistant City Attorney shall attend. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. The City Manager will be notified when the City Attorney’s hours of legal services reach forty (40) for the month to allow the City Manager to manage the total hours for the remainder of the month. 10. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 11. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 12. Assist the City Clerk and the private sector firm in Ordinance Codification. 4 13. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 14. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 15. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 16. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. 17. The Assistant City Attorney shall perform all services set forth in this Scope of Services as directed by the City Attorney. Legal Services Agreement THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2023 and ending December 31, 2023, unless extended by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2023 through December 31, 2023 up to Nine Thousand Eighteen and 62/100 ($9,018.62) Dollars for the first Fifty (50) hours of legal services performed each month, payable on the last day of the month. For all services provided in excess of Fifty (50) hours per month, Steven J. Britzman shall be compensated at a rate of a Two Hundred and no/100 ($200.00) Dollars per hour, up to a maximum of Seventy (70) hours per month, payable on the last day of the month. If the City Attorney performs more than Seventy (70) hours of service per month, there will be no further compensation paid to the City Attorney for services in excess of Seventy (70) hours, unless the services are specifically contracted because they are outside the Scope of Services. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $200.00 during the term of this Agreement. 2 The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Four Thousand Dollars ($4,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association and South Dakota Municipal League which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. 7. Appointment and Compensation of Assistant City Attorney It is further understood and agreed that Eric Rasmussen be appointed as Assistant City Attorney, based upon the recommendation of the City Manager and City Attorney. The term of office of the Assistant City Attorney shall coincide with the City Attorney’s term of office and the scope of services shall be as set forth in this Legal Services Agreement. The compensation for the Assistant City Attorney shall be paid in the following manner: a) If the City Attorney performs Fifty (50) or fewer hours of service per month, the City Attorney will pay all of the compensation for the Assistant City Attorney. b) If the City Attorney performs more than Fifty (50) hours of service per month, then the City will reimburse the City Attorney for all of the fees paid by the City Attorney to the Assistant City Attorney for the month. Dated this ____day of December, 2022. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman 3 Dated this ____day of December, 2022. CITY OF BROOKINGS, SOUTH DAKOTA Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk 4 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. If the City Attorney is unable to attend, then the Assistant City Attorney shall attend. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 5 9. The City Manager will be notified when the City Attorney’s billable hours of legal services reach forty (40) for the month to allow the City Manager to manage the total hours for the remainder of the month. 10. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost- effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. 6 All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. 16. The Assistant City Attorney shall perform all services set forth in this Scope of Services as directed by the City Attorney. 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 22-041,Version:1 Introduction and First Reading on Ordinance 22-041, an Ordinance Amending Ordinance Section 82- 521, and Pertaining to Maximum Duration of Parking in Public Parking Lots in the City of Brookings. Second Reading: December 20, 2022. Summary: Ordinance 22-041 would allow for the designation of 48-hour maximum duration of parking for public parking lots. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Current City Code Joint Cooperative Agreement City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Deputy City Manager Council Meeting: December 13, 2022 / December 20, 2022 Subject: Ordinance 22-041: Maximum Duration of Parking – 48 Hours Presenter: Jacob Meshke, Deputy City Manager Summary: Ordinance 22-041 would allow for the designation of 48-hour maximum duration of parking for public parking lots. Background: Current City Ordinance allows for the designation of public parking lots as having a maximum duration of either 24-hour or 72-hours. The City of Brookings and Brookings County have a joint cooperative agreement for the operation of the Brookings City and County Government Center. The Government Center Advisory Committee, consisting of two (2) members representing the City of Brookings and two (2) members representing Brookings County, meets periodically for the purpose of discussing the operation of the building and grounds. Item Details: Ordinance 22-041 would allow for the designation of 48-hour maximum duration of parking for public parking lots. The Government Center Advisory Committee for the Brookings City / County Government Center provided a recommendation for signing the west parking lot as public parking to create awareness as well as placing a 48 -hour maximum duration of parking for the lot. Legal Consideration: City Attorney Britzman drafted the Ordinance. Strategic Plan Consideration: Service and Innovation Excellence – Bringing greater awareness to utilize the public parking lot at the Brookings City and County Government Center. Financial Consideration: Financial impact would be minimal and limited to the expenditure of installing and maintaining signage and revenue from any parking fees/fines. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the ordinance as presented. Supporting Documentation: Memo Ordinance Current City Code Joint Cooperative Agreement Ordinance 22-041 An Ordinance Amending Ordinance Section 85-521, and Pertaining to Maximum Duration of Parking in Public Parking Lots in the City of Brookings Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. That Ordinance Section 82-521 of the City of Brookings is hereby amended to read as follows: Section 82-521. Maximum duration of parking. Except as provided in section 82-525 of this division, no vehicle shall be parked for a period of time in excess of 72 hours at any one location in public parking lots owned, operated or under the control of the city, except any parking lot designating that parking is limited to 24 hours or 48 hours at any one location, in which case no vehicle shall be parked for a period of time in excess of 24 hours at any one location in lots where parking is limited to 24 hours, or 48 hours at any one location where parking is limited to 48 hours. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 13, 2022 Second Reading: December 20, 2022 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk TRAFFIC AND VEHICLES § 82-560 DMSION 4. MUNICIPAL PARKING LOTS ~ Sec. 82-521. Maximum duration of parking. Except as provided in section 82-525 of this division, no vehicle shall be parked for a period of time in excess of72 hours at any one location in public parking lots owned, operated or under the control of the city, except any parking lot designating that parking is limited to 24 hours at any one location, in which case no vehicle shall be parked for a period of time in excess of 24 hours at any one location. (Code 1996, § 34-301; Ord. No. 18-012, § I, 9-25-2018) Sec. 82-522. Size of vehicles. No truck, automobile or other vehicle of an overall length of more than 22 feet or a width of more than eight feet shall be parked in any municipal parking lot. (Code 1996, § 34-302; Ord. No. 18-012, § I, 9-25-2018) Sec. 82-523. Prohibited activities. No person shall sell or offer for sale from any wagon, automobile, truck or other vehicle or from stands, within a municipal parking lot, any fruit, vegetables, produce, goods, wares or merchandise of any kind or character. (Code 1996, § 34-303; Ord. No. 18-012, § I, 9-25-2018) Sec. 82-524. Removal of vehicles. Any vehicle parked in violation of the provisions of this article which regulates the use of municipal parking lots may be removed from such parking lot by the police department, or its authorized representative, and placed in public storage, and the owner of such vehicle, in addition to the fine provided for the violation of city ordinance, shall pay the charges for towing and storage of such vehicle so removed by the police department or its authorized representative. (Code 1996, § 34-304; Ord. No. 18-012, § I , 9-25 -2018) Sec. 82-525. Permit parking. The city may designate certain parking spaces in municipal parking lots as parking by special permit only. The duration of parking in parking spaces d esignated as permit parking spaces shall be determined by the city's parking permit program and shall not be subject to the maximum duration provided in section 82-521 of this division. (Ord . No. 18 -012, § I, 9-25-2018) Secs. 82-526-82-560. Reserved. Supp. No. 8 CD82:47 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 22-039,Version:2 Second Reading and Action on Ordinance 22-039, an Ordinance Authorizing Budget Amendment No. 10 to the 2022 Budget. Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This two-part budget amendment increases budget authority for the final Brookings Food Pantry construction costs and transfers budget authority in the CIP Fund to accommodate necessary repairs at Larson Ice Center. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: November 22, 2022 / December 13, 2022 Subject: Ordinance 22-039: Budget Amendment No. 10 to the 2022 Budget Presenter: Ashley Rentsch, Senior Finance Manager Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This two-part budget amendment increases budget authority for the final Brookings Food Pantry construction costs and transfers budget authority in the CIP Fund to accommodate necessary repairs at Larson Ice Center. Background: At the beginning of 2022, construction began on the Brookings Food Pantry, a partnership between the City of Brookings, Brookings County, Brookings Area United Way, and a Community Development Block Grant from the State of South Dakota. This project is in the final stages of construction. Project cost savings in other areas has allowed the opportunity to transfer budget authority to complete the repairs r ather than increase the budget. Item Details: PART 1 Dept. / Fund Budgetary Account Increase / (Decrease) Amount Description Brookings Food Pantry Expenditure $175,000 Final Facility Construction Costs Brookings Food Pantry Revenue $175,000 United Way / Brookings County Contribution  This ordinance provides spending authority to finalize the new non-profit building. The additional funds needed will be provided by the United Way/Brookings County. The City’s financial commitment to this project remains $300,000. PART 2 Dept. / Fund Budgetary Account Increase / (Decrease) Amount Description CIP Fund Expenditure $ (20,000) LIC Boiler Replacement CIP Fund Expenditure $20,000 LIC Boiler Replacement  There have been maintenance issues with the dehumidification system, a boiler, and tube heaters at the Larson Ice Center. While it is anticipated that the dehumidification and tube heaters can be addressed through the Larson Ice Center budget, project savings at the Activity Center have been identified as a source for the boiler replacement. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and increasing transparency regarding transfers of budget authority. Financial Consideration: Part 1 is budget neutral. It increases miscellaneous revenues for contributions from Brookings County and the United Way to account for the increase in expenditures. Part 2 is budget neutral, transferring existing budget authority from one account to another to meet operational needs. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo Ordinance Ordinance 22-039 An Ordinance Authorizing Budget Amendment No. 10 to the 2022 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2022 budget: PART 1 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description Brookings Food Pantry 533-000-5-911-00 Buildings and Structures $175,000 Final Facility Construction Costs Brookings Food Pantry 533-000-4-669-02 Miscellaneous Revenue $175,000 United Way / Brookings County Contribution PART 2 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description CIP Fund 213-000-5-940-10 Activity Center Capital Exp. $ (20,000) LIC Boiler Replacement CIP Fund 213-000-5-940-04 Park & Rec Improvements $20,000 LIC Boiler Replacement All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2022 Second Reading: December 13, 2022 Published: December 16, 2022 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-040,Version:2 Public Hearing and Action on Ordinance 22-040, an Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94-137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B -1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Summary: The City of Brookings is proposing amendments to the City’s Zoning Ordinances located in Chapter 94, Article IV, Division 1 and Division 2. The amendments would increase the maximum height allowed in the B-1, B-2, B-2A and B-3 Zoning Districts and eliminate the height maximum in the B-4, B-5, I-1, I-2 and I-1R Districts. Recommendation: Staff recommends approval. The Planning Commission voted 6 - 1 to recommend approval. Attachments: City Council Memo Ordinance - clean Ordinance - marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Zoning Map <https://brookingscosd.maps.arcgis.com/apps/instant/basic/index.html? appid=ef2b643e055743258af7f340d3f37bc6> - interactive map City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 22, 2022 / December 13, 2022 Subject: Amendments to Chapter 94, Article IV, Division 1 and Division 2 related to height maximums Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings is proposing amendments to the City’s zoning ordinances located in Chapter 94, Article IV, Division 1 and Division 2. The amendments would increase the maximum height allowed in the B-1, B-2, B-2A and B-3 zoning districts and eliminate the height maximum in the B-4, B-5, I-1, I-2 and I-1R districts. Background: Staff has been exploring changes to the maximum height allowances in the business and industrial districts. Staff has discussed the height maximums with the Development Review Team and feel that the current regulations are antiquated and increases could promote more efficient development practices. Item Details: The changes would impact the maximum allowed height in each of the business and industrial districts. For the B-1, B-2, B-2A and B-3 zoning districts, the maximum height would be increased to sixty feet. Below are the proposed changes. Current Height Max Proposed Height Max B-1 Central District 50 feet 60 feet B-2 District 45 feet 60 feet B-2A Office District 35 feet 60 feet B-3 Heavy District 45 feet 60 feet For the B-4, B-5, I-1, I-2 and I-1R districts, the maximum height is eliminated, however, additional bufferyard setbacks will apply for structures over sixty-feet in height. When a structure is proposed over sixty feet in height, bufferyards as required in Sec. 94 -399.1. will be increased by 1.5 times. Below are the proposed changes. Current Height Max Proposed Height Max B-4 Highway District 50 feet N/A* B-5 Research District 60 feet N/A* I-1 Light District 50 feet N/A* I-2 Heavy District 50 feet N/A* I-1R Restricted District 50 feet N/A* *When a structure exceeds 60 feet in height, the required bufferyard increases x 1.5 For the proposed bufferyard increase, staff is proposing using the required bufferyard for structures greater than thirty feet in height as the base bufferyard. An increase of one and a half times would be added if a structure is over sixty feet in height. Landscaped Bufferyards (with required tree and shrub plantings) Bufferyard for buildings over 30’ 1.5x Increase To Parking To Structure To Parking To Structure B-4 20 feet 30 feet 30 feet 45 feet B-5 20 feet 30 feet 30 feet 45 feet I-1 20 feet 30 feet 30 feet 45 feet I-2 20 feet 30 feet 30 feet 45 feet I-1R 20 feet 30 feet 30 feet 45 feet Standard Bufferyard (greenspace only) Bufferyard for buildings over 30’ 1.5x Increase To Parking To Structure To Parking To Structure B-4 40 feet 40 feet 60 feet 60 feet B-5 40 feet 40 feet 60 feet 60 feet I-1 50 feet 50 feet 75 feet 75 feet I-2 50 feet 50 feet 75 feet 75 feet I-1R 50 feet 50 feet 75 feet 75 feet For development in B-1, B-2, B-2A and B-3, the standard bufferyards and enhanced bufferyards for structures over thirty feet in height would remain in use. No additional bufferyard standards would be added for those zoning districts since the max height is proposed to be capped at sixty feet. Legal Consideration: None Strategic Plan Consideration: Sustainability – the amendments propose changes to the zoning code which could support higher density development. 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. Discuss / take no action / table The Development Review Team recommends approval. The Planning Commission voted 6 – 1 recommending approval. Supporting Documentation: 1. Ordinance – Marked 2. Ordinance – Clean 3. Legal Notice – City Council 4. Legal Notice – Planning Commission 5. Planning Commission Minutes 6. Zoning Map – interactive map Ordinance 22-040 An Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94- 137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article IV of the Zoning Regulations shall be amended to read as follows: Sec. 94-131. Business B-1 central district. (f) Density, area, yard and height regulations. The B-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses * 20 feet* 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-132. Business B-2 district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5 feet* 20 feet* 60 feet Other allowable uses 15,000 100 feet 25 feet 7 feet** 20 feet 60 feet *Refer to section 94-399.1 bufferyards. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. Sec. 94-133. Business B-2A office district. (f) Density, area, yard and height regulations. The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet 5 feet* 20 feet* 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-134. Business B-3 heavy district. (f) Density, area, yard and height regulations. The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5 feet* 20 feet* 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-135. Business B-4 highway district. (f) Density, area, yard and height regulations. The B-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40,000* 200 feet** 50 feet 25 feet*** 30 feet*** N/A*** *A lot fronting on a service road or non-arterial right-of-way must have a minimum lot area of 30,000 square feet. **A lot fronting on a service road or non-arterial right-of-way must have a minimum lot width of 150 feet. ***Refer to section 94-399.1 bufferyards. Sec. 94-135.5. Business B-5 planned research and business district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-5 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard* Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 25 feet** 30 feet** N/A** *The yard abutting Interstate 29 shall be considered a front yard. **Refer to section 94-399.1 bufferyards. Sec. 94-136. Industrial I-1 light district. (f) Density, area, yard and height regulations. The I-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 20 feet* 20 feet* N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-137. Industrial I-2 heavy district. (f) Density, area, yard and height regulations. The I-2 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 20 feet* 20 feet* N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-161. Industrial I-1R restricted district. (f) Density, area, yard and height regulations. The I-1R district regulations are as follows: Lot Coverage Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 35%* 60 feet*** 50 feet** 50 feet** N/A** *Buildings used solely for storage and/or warehousing operations may occupy no more than 50 percent of the area of the lot. **Refer to section 94-399.1 bufferyards. ***The yard area abutting Interstate 29 shall be considered a rear yard. II. ARTICLE VI. – SUPPLEMENTAL REGULATIONS That the following sections of Article VI of the Zoning Regulations shall be amended to read as follows: Sec. 94-399.1. Bufferyards. (d) Bufferyard requirements. (1) Bufferyards are required in accordance with the following table. Table 1.1 Zoning of Abutting Land Proposed Buildings over 30' in Height Proposed Buildings over 60’ in Height Solid Fence/Wall or Continuous Shrubs Zoning of Proposed Development R-1, R-1A, R-1B, R- 1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R- 1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH B-1 Type A or type F Type B or type F N/A N/A B-2 Type B or type G Type C or type G N/A N/A B-2A Type A or type E Type C or type G N/A N/A R-B4 Type A or type E Type C or type G N/A N/A B-3 Type C or type H Type C or type H N/A 6' required B-4 Type C or type G Type C or type G Type D or type I 6' required B-5 Type C or type G Type C or type G Type D or type I N/A I-1, I-1R Type C or type H Type C or type H Type D or type J 6' required I-2 Type C or type H Type C or type H Type D or type J 6' required *R-3, R-3A, R-B4 Type B or type G N/A N/A *Applicable only to structures over 30 feet in height. (2) Bufferyard types. The following bufferyard types are hereby established and shall provide the requirements for each type of bufferyard referenced in table 1.1. The table prescribes the minimum widths and landscaping for bufferyards. Table 1.2 Bufferyard Types Minimum Buffer from Parking Lot Minimum Buffer to Structure Plantings per 100 lineal feet or fraction thereof per Bufferyard Type A 10' 20' 3 trees and 10 shrubs Type B 15' 25' 5 trees and 10 shrubs Type C 20' 30' 6 trees and 14 shrubs Type D 30’ 45’ 6 trees and 14 shrubs Type E 25' 25' greenspace Type F 30' 30' greenspace Type G 40' 40' greenspace Type H 50' 50' greenspace Type I 60’ 60’ greenspace Type J 75’ 75’ greenspace III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2022 Second Reading: December 13, 2022 Published: December 16, 2022 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk Ordinance 22-040 An Ordinance amending Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94- 137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article IV of the Zoning Regulations shall be amended to read as follows: Sec. 94-131. Business B-1 central district. (f) Density, area, yard and height regulations. The B-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses * 20 feet* 50 feet 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-132. Business B-2 district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5 feet* 20 feet* 45 feet 60 feet Other allowable uses 15,000 100 feet 25 feet 7 feet** 20 feet 45 feet 60 feet *Refer to section 94-399.1 bufferyards. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. Sec. 94-133. Business B-2A office district. (f) Density, area, yard and height regulations. The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet 5 feet* 20 feet* 35 feet 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-134. Business B-3 heavy district. (f) Density, area, yard and height regulations. The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5 feet* 20 feet* 45 feet 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-135. Business B-4 highway district. (f) Density, area, yard and height regulations. The B-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40,000* 200 feet** 50 feet 25 feet*** 30 feet*** 50 feet N/A*** *A lot fronting on a service road or non-arterial right-of-way must have a minimum lot area of 30,000 square feet. **A lot fronting on a service road or non-arterial right-of-way must have a minimum lot width of 150 feet. ***Refer to section 94-399.1 bufferyards. Sec. 94-135.5. Business B-5 planned research and business district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-5 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard* Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 25 feet** 30 feet** 60 feet N/A** *The yard abutting Interstate 29 shall be considered a front yard. **Refer to section 94-399.1 bufferyards. Sec. 94-136. Industrial I-1 light district. (f) Density, area, yard and height regulations. The I-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 20 feet* 20 feet* 50 feet N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-137. Industrial I-2 heavy district. (f) Density, area, yard and height regulations. The I-2 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 20 feet* 20 feet* 50 feet N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-161. Industrial I-1R restricted district. (f) Density, area, yard and height regulations. The I-1R district regulations are as follows: Lot Coverage Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 35%* 60 feet*** 50 feet** 50 feet** 50 feet N/A** *Buildings used solely for storage and/or warehousing operations may occupy no more than 50 percent of the area of the lot. **Refer to section 94-399.1 bufferyards. ***The yard area abutting Interstate 29 shall be considered a rear yard. II. ARTICLE VI. – SUPPLEMENTAL REGULATIONS That the following sections of Article VI of the Zoning Regulations shall be amended to read as follows: Sec. 94-399.1. Bufferyards. (d) Bufferyard requirements. (1) Bufferyards are required in accordance with the following table. Table 1.1 Zoning of Abutting Land Proposed Buildings over 30' in Height Proposed Buildings over 60’ in Height Solid Fence/Wall or Continuous Shrubs Zoning of Proposed Development R-1, R-1A, R-1B, R- 1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R- 1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH B-1 Type A or type E F Type B or type E F N/A N/A B-2 Type B or type F G Type C or type F G N/A N/A B-2A Type A or type D E Type C or type F G N/A N/A R-B4 Type A or type D E Type C or type F G N/A N/A B-3 Type C or type G H Type C or type G H N/A 6' required B-4 Type C or type F G Type C or type F G Type D or type I 6' required B-5 Type C or type F G Type C or type F G Type D or type I N/A I-1, I-1R Type C or type G H Type C or type G H Type D or type J 6' required I-2 Type C or type G H Type C or type G H Type D or type J 6' required *R-3, R-3A, R-B4 Type B or type F G N/A N/A *Applicable only to structures over 30 feet in height. (2) Bufferyard types. The following bufferyard types are hereby established and shall provide the requirements for each type of bufferyard referenced in table 1.1. The table prescribes the minimum widths and landscaping for bufferyards. Table 1.2 Bufferyard Types Minimum Buffer from Parking Lot Minimum Buffer to Structure Plantings per 100 lineal feet or fraction thereof per Bufferyard Type A 10' 20' 3 trees and 10 shrubs Type B 15' 25' 5 trees and 10 shrubs Type C 20' 30' 6 trees and 14 shrubs Type D 30’ 45’ 6 trees and 14 shrubs Type D E 25' 25' greenspace Type E F 30' 30' greenspace Type F G 40' 40' greenspace Type G H 50' 50' greenspace Type I 60’ 60’ greenspace Type J 75’ 75’ greenspace III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2022 Second Reading: December 13, 2022 Published: December 16, 2022 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-131, Sec. 94-132, Sec. 94-133, Sec. 94-134, Sec. 94-135, Sec. 94-135.5, Sec. 94-136, Sec. 94-137, Sec. 94-161, and Sec. 94-399.1 related to the maximum allowable heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 districts and associated bufferyard requirements. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, December 13, 2022, 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 2nd day of December, 2022. ____________________________ Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Article IV, Division 1 and Chapter 94, Article IV, Division 2 related to the maximum allowable heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 districts. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, November 1st, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of October, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota November 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, November 1, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Kyle Jamison, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Roger Solum, and Fargen. Absent were James Drew and Nick Schmiechel. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Angie Boersma, and Lane Worzeka with HME. Item #6d – The City of Brookings submitted amendments to Chapter 94, Article IV, Division 2 related to the maximum allowable heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts. (Solum/Mills) Motion to approve the amendments. Pierce voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6d– This amendment pertains to the maximum height allowed. Previously the Planning Commission had amended the height restrictions in the residential districts. These amendments would increase the maximum height allowed in the B-1, B-2, B-2A and B-3 zoning districts to 60’ which would match what is allowed in the R-3 and R-3A Districts. These amendments would eliminate the height maximum in the B-4, B-5, I-1, I-2 and I-1R districts as they would be required to follow the bufferyard requirements being proposed. Pierce is not in favor of these amendments for the downtown area. Miller explained that the downtown area is zoned B-1 but they would still need to complete the historic review process and be approved. Pierce feels that these amendments could affect the historic nature of downtown. Aiken asked how the required number of trees and shrubs in the landscape requirements would be calculated and would these requirements increase the required number. Miller explained that each district has different bufferyard requirements. The number stated in the requirements would not be increasing the requirements in the district. 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 22-0492,Version:1 Action to Authorize the change of location for Shangri-la SD, LLC, Shangri-La Dispensary, a Medical Cannabis Dispensary in the City of Brookings. Summary: Shangri-La SD, LLC, dba Shangri-La Dispensary, has requested a location change for their Medical Cannabis Dispensary from 129 and 133 Main Avenue South, to 1010 6th Street. Their Medical Cannabis Dispensary Application was approved by the City Council on February 9, 2022. City Staff requests City Council Action to approve a change in location for a Medical Cannabis Dispensary. Recommendation: Staff recommends approval. Attachments: Memo Application Location Map Ordinance 21-028 City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: December 13, 2022 Subject: Change in Location Request: Medical Cannabis Dispensary -- Shangri-La SD, LLC, dba Shangri-La Dispensary Presenter: Bonnie Foster, City Clerk Steve Britzman, City Attorney Summary: Shangri-La SD, LLC, dba Shangri-La Dispensary, has requested a location change for their Medical Cannabis Dispensary from 129 and 133 Main Avenue South, to 1010 6 th Street. Their Medical Cannabis Dispensary Application was approved by the City Council on February 9, 2022. City Staff requests City Council Action to approve a change in location for a Medical Cannabis Dispensary. Background: Shangri-La SD, LLC, dba Shangri-La Dispensary, was approved as a Medical Cannabis Dispensary by the City Council on February 9, 2022. The approved location was 129 and 133 Main Avenue South. Shangri-La is requesting for a change in location to 1010 6th Street. This is the former location of Brothers Pharmacy. As stated in Ordinance 21-028, Section 25 Change of Location, states: “A medical cannabis establishment licensee may apply to the City for a change in location of the licensed premises. The inquiry by the City into the request for a change of location of the licensed premises may include any item that may be reviewed for a new medical cannabis establishment license, provided that the qualifications of the licensee to hold a license for a medical cannabis establishment shall not be subject to review so long as the licensee meets all requirements of this ordinance and any provisions of State law at the time the license was originally issued and remains in compliance with this ordinance subsequent to the issuance of said license. The application is complete with as stated requirements. Item Details: City Staff and the City Attorney have reviewed the change of location request for Shangri-La SD, LLC, dba Shangri-La Dispensary. The application is complete, with proof of possession of the property, by deed or purchase agreement confirmed. The site location, 1010 6th Street, meets zoning requirements. An inspection of the facility prior to opening and after remodeling will be necessary. Once the Establishment Certificate is issued by the State, the City will inspect the facility for compliance with City Ordinance. Legal Considerations: City Attorney Steve Britzman has reviewed the application, verified ownership, and has determined the Application and attachments satisfy the requirements for a Medical Cannabis License, with the License subject to City inspection prior to operation. Strategic Plan Consideration: Establishment of a Medical Cannabis Dispensary will provide benefits to those in need of medical cannabis. Financial Considerations: As set in Resolution 21-075:  Medical Cannabis Application Fee of $5,000  Medical Cannabis Establishment License Fee of $5,000  Medical Cannabis Establishment – Change of Location Fee – proposed $2,500 Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Application Location Map Ordinance 21-028 DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A11/30/202212/5/202212/8/202212/5/202212/5/202212/8/202212/8/2022 DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A DocuSign Envelope ID: EFA329AE-F984-438E-BCA5-B2238A79812A B rook ings County, SD Developed by Par cel ID 405700110000800 Sec/T wp/Rng -- Pr oper ty Address 1004 6TH ST BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address VOSS, TODD 876 REGENC Y C T BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption SKINNERS SEC O ND ADDN, W 105' L O TS 7-8, BL K 11 & EXC LOT H-1 8,890 SF (Note: Not to be used on leg a l documents) Date created: 12/8/2022 Last Data Uploa ded: 12/8/2022 8:10:34 AM 49 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds Ordinance 21-028 An Ordinance Establishing Procedures for the Licensing of Medical Cannabis Establishments in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: MEDICAL CANNABIS ESTABLISHMENT LICENSING ORDINANCE TABLE OF CONTENTS Section 1. Purpose and intent. Section 2. Definitions. a. Advertise, advertising or advertisement b. Applicant c. Cannabis products d. Cardholder e. Disqualifying felony offense f. Initial application g. License h. Licensed premises 1. Licensee j. Local licensing authority k. Medical cannabis or cannabis I. Medical cannabis code m. Medical cannabis cultivation facility n. Medical cannabis testing facility o. Medical cannabis manufacturing facility p. Medical cannabis dispensary or dispensary q. Medical cannabis establishment r. Registry identification card Section 3. Other laws/administrative rules. Section 4. Authority. Section 5. Medical cannabis license required. Section 6. Term of license; renewal. Section 7. License transfers 1 Page 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 6 MEDICAL CANNABIS ESTABLISHMENT LICENSING ORDINANCE TABLE OF CONTENTS (Cont.) Section 8. License application. Section 9. Application fee. Section 10. Annual license fee. Section 11. Additional permits and licenses. Section 12. Application review process. Section 13. Inspections. 6 6 6 7 7 7 Section 14. Effect of City's issuance of a medical cannabis establishment 8 license. Section 15. Annual license fee non-refundable. 8 Section 16. Requirements of medical cannabis establishment licensees. 8 Section 17. Facility standards for medical cannabis dispensaries. 8 Section 18. Medical cannabis dispensary rules of operation. 9 Section 19. License revocation and penalties. 9 Section 20. No City liability; indemnification; no defense. 10 Section 21. Signage and advertising. 10 Section 22. Compliance with other applicable laws and rules. 10 Section 23. Suspension or revocation of license; imposition of fines. 10 Section 24. License renewals; expiration of license. 11 Section 25. Change of location. 11 Section 26. Penalties. 12 2 I. Section 1. Purpose and intent. The purpose of this ordinance is to implement medical cannabis licensing requirements in a manner consistent with SDCL Chapter 34-20G and Article 44:90 of the South Dakota Administrative Rules, to protect the health, safety and welfare of the public and qualifying patients by prescribing the manner in which medical cannabis establishments can be conducted within the City. Further, the purpose and intent of this ordinance is to: a. Protect public health and safety through reasonable regulation of medical cannabis establishments as they relate to neighborhoods, patient safety, security for medical cannabis dispensaries and their personnel, and other health and safety concerns. b. Impose fees to cover the direct and indirect costs to the City of licensing and regulating medical cannabis establishments. Nothing in this ordinance is intended to promote or condone the sale, distribution, possession or use of marijuana in violation of any applicable law. Section 2. Definitions. The following words and phrases, when used in this ordinance, shall have the meanings provided in this ordinance. In addition to the definitions contained in this ordinance, other terms used in this ordinance shall have the meanings provided in South Dakota Codified Law Title 34, Chapter 20G, Section 1, SDCL § 22- 42-1 (Controlled Substances and Marijuana, Definitions), and Article 44:90 of the South Dakota Administrative Rules, and such definitions are hereby incorporated into this ordinance by reference. Advertise, advertising or advertisement means the act of drawing the public's attention, whether through print, signs, telephonic, electronic, wireless or digital means, to a medical cannabis establishment in order to promote the sale of medical cannabis by a dispensary. Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this ordinance. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Cannabis products shall mean any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures. Cardholder shall mean any person who has been issued and possesses a valid registry identification card pursuant SDCL Chapter 34-20G. 3 Disqualifying felony offense shall mean a crime that was classified as a felony in the jurisdiction where the person was convicted. Initial application shall mean the first application filed for a medical cannabis establishment. License shall mean to grant a license pursuant to this ordinance. Licensed premises shall mean the premises specified in an application for a license pursuant to this ordinance that is owned by or in possession of the licensee and within which the licensee is authorized to operate a cannabis cultivation facility, a cannabis testing facility, a cannabis manufacturing facility or a cannabis dispensary which distributes or sells medical cannabis in accordance with the provisions of South Dakota Codified Law Chapter 34-20G. Licensee shall mean any person or business entity that has been issued and holds a valid, current license pursuant to this ordinance. If the licensee is an entity and not a natural person, licensee shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Local licensing authority shall mean the City of Brookings. Medical cannabis or cannabis shall mean cannabis as defined in Article 44:90 of the Administrative Rules of South Dakota and as used in SDCL Chapter 34-20G. Medical cannabis code shall mean SDCL Chapter 34-20G, as the same may be hereafter amended, and any other rules or regulations promulgated thereunder, including Article 44:90 of the Administrative Rules of South Dakota and as used in SDCL Chapter 34-20G. Medical cannabis cultivation facility shall mean an entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment. Medical cannabis testing facility shall mean an independent entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G to analyze the safety and potency of cannabis. Medical cannabis product manufacturing facility shall mean an entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, manufactures, delivers, 4 transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary. Medical cannabis dispensary or dispensary shall mean the entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-208 and licensed by the City pursuant to this ordinance that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. Medical cannabis dispensary does not include a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a recreational cannabis dispensary. Medical cannabis establishment shall mean a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary as those terms are defined in SDCL§ 34- 208-1. Registry identification card shall mean a document issued by South Dakota Department of Health that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34-208-29 to 34- 208-42, inclusive. Section 3. Other laws/administrative rules. If the State of South Dakota adopts any stricter regulation governing a medical cannabis establishments than as set forth in this ordinance, the stricter regulation shall control the establishment or operation of any medical cannabis establishment in the City. The Administrative Rules of South Dakota set forth in Article 44:90 and pertaining to medical cannabis are incorporated by reference and are made a part hereof. A licensee shall be required to demonstrate, upon demand by the City, or by law enforcement officers, that the source and quantity of any cannabis located upon the licensed premises are in full compliance with the applicable laws of the State and City. If the State prohibits the cultivation, manufacturing, testing or sale or other distribution of medical cannabis in any respect, any license issued for any prohibited activity under this Section shall be deemed immediately revoked by operation of law. The issuance of any license pursuant to this ordinance shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana. Section 4. Authority. The City Council shall have the authority pursuant to the SDCL Chapter 34-208 and this ordinance to grant or deny licenses. Authorized representatives of the City of Brookings shall have the authority to inspect the premises of a medical cannabis establishment to confirm compliance with all licensing requirements. 5 Section 5. Medical cannabis license required. It shall be unlawful for any person to operate a medical cannabis establishment within the jurisdictional limits of the City without first having obtained a medical cannabis establishment license to operate pursuant to the provisions of this ordinance, having a validly issued medical cannabis establishment registration certificate in good standing from the State, and having paid all applicable fees. Such license and registration certificate shall be kept current at all times, and failure by a licensee to maintain a current medical cannabis establishment license shall constitute a violation of this ordinance. Section 6. Term of license; renewal. Each medical cannabis establishment license issued by the City shall be effective upon issuance, however a Certificate of Registration issued by the State of South Dakota shall be required before a licensee may conduct business as a medical cannabis establishment in the City. Each medical cannabis license shall terminate on the last day of each calendar year. Renewal applications shall be filed at least 30 days prior to the expiration date of the existing license. Section 7. License transfers. An application for the transfer of a medical cannabis license to a different physical location or to another person or business entity shall include all information required by the South Dakota Administrative Rules under Administrative Rule 44:90:03:01. Section 8. License application. An application for a medical cannabis establishment license or to renew a license previously issued under this ordinance shall be submitted to the City on forms provided by the City Clerk for such purposes and shall include the following information: a. The name, address, and date of birth of each owner, shareholder, LLC member, partner and manager, principal officer, and board members of the proposed medical cannabis establishment; b. Documentation reflecting the applicant's right to possess the proposed licensed premises for the proposed use; c. A site plan reflecting the boundaries of the proposed licensed premises; d. A description of safety and security measures reflecting compliance with the City and State's operating requirements as required by the Administrative Rule 44:90:03:02; and e. Any other additional information requested by the City Council deemed necessary for the City to evaluate the application. Section 9. Application fee. At the time an applicant files an application for a medical cannabis establishment license, the applicant shall pay a non-refundable application fee to the City in an amount established by resolution of the City to defray the costs incurred by the City for processing the application. Section 10. Annual license fee. Within thirty (30) days of receiving a medical cannabis establishment registration certificate from the State of South Dakota pursuant to SDCL Chap. 34-20G, the licensee shall pay to the City an annual license fee in an amount 6 established by resolution of the City. The annual license fee is in addition to the initial application fee required pursuant to Section 9. The annual license fee shall be paid on the basis of a calendar year regardless of the date of license issuance, and no proration or discount shall be given. Section 11. Additional permits and licenses. A license issued pursuant to this ordinance is in addition-to and does not eliminate the need for the licensee to obtain any zoning-related permits or building permits required by the Brookings Code of Ordinances. Section 12. Application review process. a. Upon receipt of a complete application, the City Manager or their representative shall review the application to determine whether the application is in compliance with the City's ordinances. No license will be approved until the City Manager or their representative has conducted an inspection of the proposed premises to determine compliance of the proposed medical cannabis establishment with all applicable requirements of this ordinance, and with the plans and application submittals. The City Manager or their representative shall reject any application that does not meet the requirements of this ordinance or that contains any false, misleading or incomplete information. b. Within thirty (30) days after the completion of the review of the application, the City Council shall approve or deny the license application provided the City Manager or their representative has determined that all requirements for a medical cannabis establishment license have been satisfied. The City Clerk or their representative shall provide the reason(s) for denial of the license by first class mail to the applicant at the address provided in the application. c. If approved, the City Clerk or their representative shall issue to the applicant a medical cannabis establishment license, which shall include the date of issuance, the term of the license, the name of the licensee and the physical address of the licensed premises. d. The City will not issue a medical cannabis establishment license until all information required of the applicant has been submitted, and the applicant: i. Has submitted a complete application; ii. Is prepared to operate the establishment with the owners and managers as set forth in the application, all in compliance with this ordinance and any other applicable law, rule or regulation; and iii. Has paid all fees. Section 13. Inspections. During the review of the medical cannabis establishment license application, and at all reasonable times after a medical cannabis establishment license is issued, the City Manager or their representative may make any reasonable inquiries and inspections at reasonable times of the medical cannabis establishment to determine if the premises meets or continues to meet the requirements of City ordinances and State statutes. It shall be a violation of this ordinance and grounds for revocation of any license issued hereunder for a licensee to fail to provide supplemental information or refuse inspections by the City Manager or their representative. 7 Section 14. Effect of City's issuance of a medical cannabis establishment license. If approved, the City's issuance of a license shall be subject to automatic termination if: a. The licensee does not receive or fails to qualify for the State registration certificate required under SDCL Chapter 34-20G; or b. The licensee fails to pay the annual license fee to the City within thirty (30) days of the issuance of the State registration certificate in accordance with this ordinance. No licensee may engage in the sale of cannabis products unless the licensee holds a current State registration certificate and a City of Brookings medical cannabis establishment license. Section 15. Annual license fee non-refundable. If a license is revoked pursuant to the provisions of this ordinance, the annual license fee shall not be refunded. Section 16. Requirements of medical cannabis establishment licensees. A medical cannabis establishment licensee is subject to the following requirements: a. A licensee shall be prohibited from employing any employee under twenty-one (21) years of age; b. In accordance with SDCL § 34-20G-67, a medical cannabis establishment shall not share office space with or refer a patient to a practitioner; c. In accordance with SDCL § 34-20G-68, a medical cannabis establishment shall not permit any person to consume cannabis upon the property of the licensed premises; d. A licensed premises may only be located within a zoning district which permits a medical cannabis establishment as a permitted use; e. The licensed premises shall be located no less than one thousand feet (1,000') of a public or private school existing before the date of the medical cannabis establishment application, and shall comply with any other buffer zone requirements set forth in the zoning ordinances of the City. Distances shall be measured from the closest point of the property lines including public rights of way; f. The licensed premises shall not be located within any building containing a dwelling unit, a pediatrician's office, hotel, motel or lodging facility. Section 17. Facility standards for medical cannabis dispensaries. A medical cannabis dispensary shall be maintained in accordance with the following facility standards: a. It shall be unlawful to operate a medical cannabis dispensary outside of an enclosed building which is capable of being locked. All medical cannabis dispensary licenses shall be issued for a specific fixed location within an enclosed building. b. The facility shall have locked display cases only accessible to staff during business hours. The facility shall have a locked vault or storage cage in which all 8 cannabis and cannabis products shall be stored during hours the dispensary is closed. c. The facility shall conform to the prevailing building and fire codes adopted by the City of Brookings. d. All exterior entrances and exits and all parking areas shall be lighted at all times after dark. e. Security cameras which comply with the South Dakota Administrative Rules for Medical Cannabis Dispensaries are required. The camera system shall securely store camera footage for no less than thirty (30) days. f. The facility shall have a functional commercial alarm system triggered by the press of a button, by the breaking of glass, and by forcing open a locked door. Section 18. Medical cannabis dispensary rules of operation. Each dispensary shall be operated only in accordance with the following rules: a. A medical cannabis dispensary shall be operated and maintained in accordance with Administrative Rule 44:90:03:02, which provides the operating procedures for all medical cannabis establishment application submittals filed with the South Dakota Department of Health. b. Each dispensary shall be operated and maintained in accordance with the dispensary requirements and facility standards set forth in this ordinance and all other applicable City ordinances, State laws and State administrative rules. c. No person shall be allowed entry into the dispensary without showing a valid picture identification. d. A medical cannabis dispensary shall be ventilated so that the odor of cannabis or cannabis products cannot be detected by a person with a normal sense of smell outside the medical cannabis dispensary or on any adjoining property. e. All sales of medical cannabis shall be made in person, directly to the purchaser, within the medical cannabis dispensary. Sales shall occur only in person to the purchaser at the time of purchase within the medical cannabis dispensary. No drive up windows or other similar delivery process shall be allowed. f. No medical cannabis dispensary shall distribute or allow the distribution of any medical cannabis without charge within a medical cannabis dispensary or at any other place for purposes of promotion, advertising or any other purpose. Section 19. License revocation and penalties. a. Any medical cannabis establishment license may be revoked or suspended in accordance with this ordinance. b. Any person operating a medical cannabis establishment without a license is subject to a civil fine of up to two hundred dollars ($200.00). Each day a medical cannabis establishment is operated without a license shall constitute a separate offense. c. Operating a medical cannabis establishment without a license shall be deemed a public nuisance and subject to abatement as a public nuisance. Such nuisance may be abated in any manner permitted by ordinance or other applicable law, including, but not limited to an action for injunctive relief. 9 d. A medical cannabis establishment license is subject to suspension if a licensee or any of its employees or agents has been convicted of selling a cannabis product to any person under the age of twenty-one (21) or sells a cannabis product in a manner which violates any medical cannabis law or ordinance. Section 20. No City liability; indemnification; no defense. a. By accepting a license issued pursuant to this ordinance, the licensee waives any claim concerning, and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers of the licensee for a violation of State or federal laws, rules or regulations. b. By accepting a license issued pursuant to this ordinance, all licensees, jointly and severally if more than one, agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical cannabis establishment that is the subject of the license. All owners of a medical cannabis establishment shall sign the license application forms and indemnification and waiver and release forms. c. The issuance of a license pursuant to this section shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under State or federal law for the cultivation, possession, sale, distribution or use of marijuana. Section 21. Signage and advertising. All exterior signage associated with a medical cannabis dispensary must comply with the zoning ordinances of the City and the Administrative Rules of the State of South Dakota. Section 22. Compliance with other applicable laws and rules. Except as may be otherwise provided in this ordinance, any law or regulation adopted by the State governing the cultivation, production, possession, or distribution of medical cannabis use shall also apply to medical cannabis establishments licensed within the City. Accordingly, the South Dakota Administrative Rules set forth in Article 44:90 are incorporated in this ordinance by reference. Section 23. Suspension or revocation of license; imposition of fines. The grounds for suspension or revocation of a medical cannabis establishment license and the procedures for such suspension or revocation shall be as provided in State law. In addition thereto, a violation of any of the provisions of this ordinance or any State law or regulation related to licensing or operation of a medical cannabis establishment shall be grounds for suspension or revocation of a City medical cannabis establishment license, subject to notice and hearing. 10 Section 24. License renewals; expiration of license. a. Renewal of License. The licensee shall apply for renewal of the medical cannabis establishment license at least 30 days prior to the expiration of the license (December 3P1 of each year). If the Applicant files for renewal less than 30 days prior to the expiration date, then the City may process the renewal application if the Applicant submits a late filing fee in an amount established by resolution of the City at the time of submission of the renewal application. (1) The renewal license fee, and late fee, if applicable, shall accompany the renewal application. Such fees are nonrefundable. (2) In the event there have been any changes in the location of the premises submitted, the renewal application shall identify the proposed changes in the location. (3) In the event any person who has an interest as described in the initial medical cannabis establishment application made to the City pursuant to this ordinance, or any establishment owner or agent, as defined herein, has been charged with or accused of violations of any law since such disclosure, the renewal application shall include the name of the violator, the date of the violation, the court and case number where the violation was filed and the disposition of such violation. (4) In the event the medical cannabis establishment license has been suspended or revoked, or a licensee has received any notice of violation of any law, the renewal application shall include a copy of the notice, suspension or revocation. (5) The renewal application shall include verification that the medical cannabis establishment has a valid State certificate of registration. (6) In the event there have been allegations of violations of this ordinance by any of the licensees or the establishment submitting a renewal application, the City Manager or their representative may conduct an investigation prior to approving the renewal application. The investigation shall be for purposes of determining whether the application, proposed licensee and past operation of the establishment has been in compliance with this ordinance. If the application or the licensee do not meet the requirements of this ordinance, or the establishment has been operated in the past in violation of this ordinance or State law, the renewal application may be denied by the City Council or their representative, or issued with conditions. Section 25. Change of location. A medical cannabis establishment licensee may apply to the City for a change in location of the licensed premises. The inquiry by the City into the request for a change of location of the licensed premises may include any item that may be reviewed for a new medical cannabis establishment license, provided that the qualifications of the licensee to hold a license for a medical cannabis establishment shall not be subject to review so long as the licensee meets all requirements of this ordinance and any provisions of State law at the time the license was originally issued and remains in compliance with this ordinance subsequent to the issuance of said license. 11 Section 26. Penalties. In addition to the possible denial, suspension, revocation or non-renewal of a license or any other penalty provided for under the provisions of this ordinance or by State law, any person, including but not limited to, any licensee, owner, manager or employee of a medical cannabis establishment or any customer of a medical cannabis establishment who violates any provisions of this ordinance may be cited for such violation and shall be subject to the penalties for violation of City ordinance. 11. Any or all ordinances in conflict herewith are hereby repealed. First Reading: Second Reading: Second Reading: Published: ATTEST: July 27, 2021 August 10, 2021 August 24, 2021 August27,2021 Oep 12 TABLED 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 22-0482,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for the purpose 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 pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 12/14/2022Page 1 of 2 powered by Legistar™ File #:ID 22-0482,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 12/14/2022Page 2 of 2 powered by Legistar™ 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 22-096,Version:1 Action on Resolution 22-096, a Resolution Amending the City Manager’s Contract for 2023. Summary: The City Manager serves at the pleasure of and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018.The Resolution allows for City Council to make adjustments to the City Manager’s compensation package based on performance and merit, as well as adds language regarding City Manager Paul Briseno’s 457 retirement fund. Recommendation: There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Attachments: Memo Resolution 2022 Contract 2018 Employment Agreement City of Brookings Printed on 12/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Susan Rotert, Human Resources Director Council Meeting: December 13, 2022 Subject: City Manager Contract Presenter: Susan Rotert, Human Resources Director Summary: The City Manager serves at the pleasure of and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018. The Resolution allows for City Council to make adjustments to the City Manager’s compensation package based on performance and merit, as well as adds language regarding City Manager Paul Briseno’s 457 retirement fund. Background: The City Manager serves at the pleasure of, and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018. It is prudent to review contractual language for relevance and identify any needed or desired adjustments at regular intervals. Additionally, the City Manager receives an annual performance review from City Council and is eligible for increases to his compensation package based on performance and merit. Item Details: The Resolution allows for City Council to make adjustments to the City Manager’s compensation package based on performance and merit. The Resolution also adds language to the employment agreement asking City Council to fund the employee’s 457 retirement plan at the maximum allowable amount annually. Legal Consideration: City Attorney Steve Britzman has reviewed the Resolution. Strategic Plan Consideration: The City Manager is responsible for furthering the advancement and achievement of the City Council’s Strategic Plan and five (5) focus areas of Fiscal Responsibility; Safe, Inclusive, and Connected Community; Service and Innovation Excellence; Sustainability; and, Economic Growth. Financial Consideration: The City Manager’s compensation package is subject to adjustment based on the discretion of City Council. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Supporting Documentation: Memo Resolution 2022 Contract 2018 Employment Agreement Resolution 22-096 Resolution Amending the City Manager’s Contract for 2023 Whereas, the purpose of this Resolution is to adjust the City Manager’s Contract for 2023; and Whereas, the position of the City Manager is a position appointed by the City Council; and Whereas; the City Council has determined it is appropriate to increase the City Manager’s salary _____%, resulting in a total annual salary of $ _________________; and Whereas; the City Council has determined it is appropriate to pay out a one -time compensation supplement to City Manager in the sum of $2000.00 to remain consistent with city employees’ one-time compensation supplement for the year 2022. Whereas, the City Council has determined it is appropriate to amend Section 12 (Retirement) of the City Manager’s contract as follows: Section 12. Retirement The City Manager participates in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction, and the City of Brookings will participate with a 6% match. The City will fund City Manager’s participation in a 457 retirement plan of City Manager’s choosing and will fund City Manager’s 457 retirement plan in the maximum allowable amount annually. The City agrees to transfer ownership of City Manager’s SDRS account to City Manager’s future employer in the event of City Manager’s resignation or discharge. Now Therefore, it is hereby resolved by the City Council of the City of Brookings, South Dakota, as follows: (1) That the City Manger’s salary shall increase by ____% for 2023, resulting in a total annual salary of $__________________; and (2) That the City Manager shall be paid a one-time compensation supplement in the amount of $2000.00; and (3) That Section 12 of the City Manager’s Contract shall be amended to include the following provision: Section 12. Retirement The City Manager participates in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction, and the City of Brookings will participate with a 6% match. The City will fund City Manager’s participation in a 457 retirement plan of City Manager’s choosing, and will fund City Manager’s 457 retirement plan in the maximum allowable amount annually. The City agrees to transfer ownership of City Manager’s SDRS account to City Manager’s future employer in the event of City Manager’s resignation or discharge. Passed and approved on this 13th day of December, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: _____________________ Bonnie Foster, City Clerk CITY MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made and entered into this th day of April, 2018, by and between the CITY OF BROOKINGS, State of South Dakota, a municipal corporation, hereinafter referred to as "City", and Paul Briseno, hereinafter referred to as "City Manager". WITNESSETH: WHEREAS, the City desires to employ the services of Paul Briseno as City Manager; and WHEREAS, it is the desire of the governing board, hereafter referred to as the "Council", to provide certain benefits,to establish certain conditions of employment, and to set working conditions of said City Manager; and WHEREAS, City Manager desires to accept employment as City Manager of the City of Brookings; NOW THEREFORE, in consideration of the mutual covenants herein contained,the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Paul Briseno as City Manager of the City of Brookings,to perform the work and duties provided in the City Charter of the City of Brookings, and to perform such other legally permissible and proper functions and du ies as the Council may from time to time assign. Section 2. Emplovment Status as "Exempt". Exempt Status: It is agreed and understood that City Manager is an exempt employee and is not eligible for overtime under the Fair Labor Standards Act. Section 3. Salary. City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of$135,000.00, payable in installments through the payroll system on a monthly basis at the same time as the other management employees of the City are paid. The City Manager will be eligible for a one (1) year anniversary pay increase, subject to satisfactory performance. Eligible salary adjustments will be considered annually, thereafter, in a percentage range equal to or greater than those given to other management employees and are subject to Council approval and a satisfactory performance evaluation. Section 4. Residency. T`he City Charter requires that the City Manager reside within the City and the City Manager may reside outside the City while under Contract only with the approval of the Council. Section 5. Performance Evaluation. A. The Council shall.duct a review of the performance of the City Manager at least annually. Said performance review and evaluation shall be in accordance with specific criteria developed by the City Council following consultation with the City Manager. Said criteria may be revised as the Council may from time to time determine, following consultation with City Manager. Further,the Mayor shall provide the City Manager with a summary written statement of the Council's findings following the City Manager's performance review and evaluation by the Council, and shall provide an adequate opportunity for the City Manager to discuss his performance evaluation and findings with the Council. B. Annually,the Council and City Manager shall define goals and performance objectives that they determine necessary for the proper operation of the City of Brookings and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. They shall generally be attainable within the time limitations as specified and with the annual operating and capital budgets and appropriations provided. G In effecting the provisions of this Section,the Council and City Manager also mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work. It is recognized that City Manager must devote significant time outside normal office hours to the business of the City, and,to that end, City Manager will be allowed to take compensatory time off as deemed appropriate during normal office hours. Section 7. Outside Activities. City Manager shall not engage in teaching, consulting or other non-City-connected business without the prior approval of the Council. Section 8. Movin and Relocation Exnenses. A. City Manager shall obtain two (2) quotes for costs associated with packing and moving household goods. City Manager shall be reimbursed, or City may pay directly for the expenses of packing and moving City Manager, City Manager's family, and City Manager's personal property from Kearney,NE to the City af Brookings, with said payment or reimbursement not to exceed the sum of$11,250 which shall include unpacking, any storage costs necessary, insurance charges and any other actual documented moving expenses allowed by IRS regulations. B. The City will provide City Manager with$1,500 per month for a period not to exceed six 6)months to cover expenses and related costs for temparary housing until the time City Manager is able to relocate permanently. 2 C. Should City Manager leave the City Manager position in Brookings voluntaxily, City Manager will be required to reimburse the relocation costs paid to City Manager by the City according to the following schedule: 1. Leave position within first year— 100%reimbursement 2. Leave position within second year—50%reimbursement 3. Leave position within third year—25% reimbursement 4. Leave position within fourth year and thereafter—0% reimbursement. Section 9. Holidays, Vacation, and Sick Leave. A. The City Manager will be granted the same number of holidays as other management exempt) employees of the City. B. Upon employment, the City Manager will receive a two (2) week bank of vacation leave and will be given credit for ten(10) years of service, and, in accordance with City policy, the City Manager will accrue vacation time at the rate of 13.33 hours per month to accrue until the maximum 280 hours allowed per current City policy is reached. This particular policy will not apply to iongevity pay. C. Upon employment,the City Manager will receive a one hundred sixty(160)hour 4 week) bank of sick leave. The City Manager will accrue sick leave in accordance with the City rate of 12 hours per month to be used against the sick leave bank and continue to accumulate to the ma cimum of 1500 hours allowed based on employment date after January 1, 2013, per current City policy. D. The City of Brookings shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City ordinances or any other law. All provisions of the Brookings City Code, City ordinances, resolutions, regulations and rules of the City of Brookings relating to holidays and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to City Manager as they would to other exempt employees of the City of Brookings, in addition to said benefits enumerated specifically for the benefit of the City Manager except herein as provided. Section 20. No Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of City Manager, except to the degree of such a reduction which is applicable across the board for all other management employees of the City. Section 11. Insurance. A. The City will provide City Manager with health, life, dental, and vision insurance coverages at the same rate as other management exempt employees. As per City policy, the City wiil pay 75% of premiums for health insurance for the City Manager and his dependents, 75% of the single premium toward all plans for dental and vision coverage, 3 and 100%of basic term and AD&D life insurance premiums providing Fifty Thousand Dollars ($50,000) coverage. In addition,the City will offer City Manager participation in the Section 125 Flex plan. Additional insurance coverage may be available at the City Manager's sole expense. B. City shall furnish and provide City Manager with insurance protection inciuding comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of City Manager arising out of his employment. Section 12. Pension. The City Manager will participate in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction and the City of Brookings participates with a 6%match. In addition,the City shall also contribute five (5%)percent of City Manager's compensation to a deferred compensation plan selected by the City IVlanager. Section 13. Automobile. The City will provide the City Manager a car allowance of Five Hundred Dollars ($500)per month for his use to conduct City business within the City and the County of Brookings. The City will reimburse the City Manager for mileage for City related trips made outside the County of Brookings. All travel outside the County limits using City Manager's personal vehicle will be reimbursed at the current City rate per mile. Calculation of mileage will be based on the distance from Brookings. Section 14. Dues,Conferences, and Subscrintions. A. City agrees to budget and pay for dues and subscriptions of City Manager necessary for his membership and full participation in national, regional, state, and local associations/organizations desirable for his continued professional growth and advancement, and for the good of the City. B. Within budget considerations and Council approval,the City hereby agrees to budget and pay for travel and subsistence expenses for City Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of City Manager and adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state and local governmental groups and committees for the good of the City. C. City also agrees to budget for and to pay for travel and subsistence expenses of City Manager for short courses, institutes and training seminars that are necessary for his professional development and for the good of the City. Section 15. Civic Club Membership and Business Expenses. A. City recognizes the desirability of representation in and before local civic and service organizations, for which City shall pay all membership expenses. City Manager shall report to the City on each such membership and the City will reimburse City Manager or pay directly such membership fees. 4 B. The City shall reimburse City Manager for all employment-related expenses, including, but not limited to meals, cost of registration, travel and mileage and any other subsistence costs relating to the conduct of City Business. C. A City cell phone will be provided to the City Manager and primarily used for business purposes. A reasonable amount of personal use is acceptable as the cell phone is expected to be carried on a routine basis. Section 16. Indemnification. City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties as City Manager. City will compromise and settle any such claim and pay the amount of any settlement or judgment rendered thereon. Section 17. Bond. City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 18. Suspension and Termination. The City Manager may be suspended by a resolution approved by tke affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed termination("removal"). A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) 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 termination. 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 termination. The City Manager shall continue to receive full salary until the effective date of a final resolution of termination of employment. Section 19. Termination and Severance Pay. A. The City Manager will serve at the will of the Council and may be terminated immediately in the sole discretion of the City, with or without cause, at any time. B. Should the Council terminate the City Manager's employment without cause during any year of employment, the City Manager will receive six (6)months of notice or severance compensation. City Manager shall also be compensated for all remaining accrued vacation benefit time to the date of termination. Severance compensation shall be payable on a monthly basis on the same schedule as other management level payroll. Severance compensation shall include all benefits provided in this Agreement. The obligation to pay severance compensation, however, will terminate when the City Manager has obtained a position of comparable responsibility and compensation. 5 C. In the event the City Manager is terminated for cause or for a conviction of a criminal offense,then, in that event,the City shall have no obligation to pay the severance compensation indicated in the above paragraph. Examples of cause may include, but are not limited to: 1) City Manager willfully and continuously fails or refuses to comply with the terms of this Agreement or the policies, standards and regulations of the City as are from time to time estabiished; 2) City Manager shall be found guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the City. D. Nothing in this agreement shall be construed to prevent, limit, or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time or with the right of the City Manager to resign from his position as City Manager of the City at any time. Section 20. Voluntary Resignation. In the event City Manager elects to voluntarily resign or retire, he shall give the City thirty (30) days advance written notice of the intent to terminate employment. Section 21. Other Terms and Conditions of Emplovment. The City, following consultation with the City Manager, may establish any such other terms and conditions of employment relating to the performance of the City Manager as it deems appropriate from time to time; provided,that such terms and conditions are not inconsistent with or in conflict with the express provisions of this agreement,the City Charter or any law or regulation. No such additional terms or conditions shall be effective unless first reduced to writing and furnished to the City Manager as mutually agreed by the City Manager and the City, as an addendum to this Agreement. Section 22. Vehicle Insurance. The City Manager shall maintain continuously in force with respect to all such vehicles a policy of liability insurance having minimum limits identified in the City Vehicle Driving Policy. The City Manager sha11 maintain an acceptable driving record as outlined within the City Vehicle Driving Policy, and upon request, shall provide the City's risk management office with appropriate proof of compliance with the insurance requirements of this Section. Section 23. Powers and Duties of Citv Mana er. The duties and responsibilities of the City Manager shall be in accordance with South Dakota State law,the Brookings City Charter,the City Governance and Ends Policies, all ordinances and resolutions of the City of Brookings, and such policies as shall be adopted from time to time by 6 the City Council. The duties and responsibilities of the City Manager shall include but not necessarily be limited to the following list: The City Manager shall be the chief administrative o cer of the City, responsible to the Council for the administration of all city tnatters placed in the city manager's charge by or under this Agreement and the City Charter. The City Manager shall: A. Appoint and, when necessary in his discretion, suspend or remove all city employees and appointive administrative officers provided for by or under the City Charter. The City Manager may authorize any administrative employee or officer subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in that employee or officer's department, office or agency; B. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by other applicable law; C. 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 at City.Council meetings; D. See that a11.l vvsp provisions of,the City Charter and acts of the City Council, subject to enforcement`by the City 1Vlanager or by employees or officers subject to the City Manager's direction and supervision, are faithfully executed; E. Prepare and submit the annual budget and capital program to the City Council; F. 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 City Councii may require; G. Submit updates annualiy on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the City Council may require; H. 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 yeax; I. 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; J. Keep the City Council advised as to the financial condition and future needs of the City; Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, hut 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; K. Be the personnel director of the City; L. Make recommendations to the City Council concerning the affairs of the City; M. Provide support staff to assist the Mayor and other Council members; and N. Perform such duties as are specified in the City Charter or as may be required by the City Council. Section 24. General Provisions. a) This Agreement shall constitute the entire agreement between the parties. 7 b) This Agreement shall be binding upon and inure to ihe benefit of the heirs and executors of the City Manager. c) Except as expressly provided herein,neither party shall assign rights or delegate duties arising from this Agreement without first obtaining the express written consent of the other. d) Should any provision of this agreement or any portion thereof,be held unconstitutional, invalid,or unenforceable,the remainder of this agreement shall be deemed as severable,shall not be affected and shall remain in full force and effect. e) This agreement is governed by South Dakota law. IN WITNESS WHEREOF,this Agreement has been entered into by the parties hereto. CITY OF BROOKINGS B} _C Keith Corbett,Mayor A vv Shari Thornes,City Clerk Y (fk/ By CL l u. — ul Briseno,City Manager 8