HomeMy WebLinkAbout2024_11_19 CC PKTCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, November 19, 2024
Study Session
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
Presentation: Charter Commission Proposed ChangesID 24-05545.
Memo
Summary of Changes
Charter - marked 2024.11.19
Charter - marked
Presentation
Attachments:
Page 1 City of Brookings
November 19, 2024City Council Meeting Agenda - Final
Presentation: Proposed Downtown IncentivesID 24-05416.
Memo
Downtown Brookings Façade Grant
Downtown Revitalization Incentive Program
Lights Camera Action Grant
Presentation
Attachments:
Presentation: Edgebrook Golf Course Water SourcingID 24-05577.
Memo
Presentation
Attachments:
Presentation: Public Works Streets Division Winter OperationsID 24-05538.
Memo
Presentation
Attachments:
9. 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.
10. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Andrew Rasmussen
Brookings 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. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email
comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will
become part of the official record and subject to review by all parties and the public. The comments and views
expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City
of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City
ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 2 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 24-0554,Version:1
Presentation: Charter Commission Proposed Changes
Summary and Recommended Action:
The City Council established a City Charter Review Committee to evaluate the current Brookings
Charter for potential updates and necessary changes. The original Charter was adopted in 2002 and
last amended in 2006. After a thorough examination, the proposed updates are now ready for City
Council review.
Attachments:
Memo
Summary of Changes
Charter - marked
Presentation
City of Brookings Printed on 11/14/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Paul Briseno, City Manager
Council Meeting: November 19, 2024
Subject: Charter Commission Proposed Changes
Presenter: David Gilbertson, Charter Commission Chair
Summary and Recommended Action:
The City Council established a City Charter Review Committee to evaluate the current
Brookings Charter for potential updates and necessary changes. The original Charter
was adopted in 2002 and last amended in 2006. After a thorough examination, the
proposed updates are now ready for City Council review.
Item Details:
The City of Brookings Charter has not undergone a comprehensive review since its last
amendment in 2006. The City partnered with the National Civic League in May to
support a systematic and informed evaluation. The City Council appointed an 11-
member Charter Review Commission, composed of residents committed to civic
engagement and objective analysis of the Charter and related governance structures.
Members include:
David Gilbertson, Chair Jeanne Manzer
Dr. Lisa Hager, Vice Chair Dianne Nagy
Bob Burns Ashley Ragsdale
Keith Corbett Gail Robertson
Van Fishback Roger Solum
Tom Yseth
The Commission conducted approximately six public meetings from July through
October. These meetings facilitated detailed reviews and discussions to ensure a
comprehensive examination of the Charter. The resulting document includes a redlined
version that highlights proposed changes and additions. The reasons for change
includes:
Enhanced clarity in language
Alignment with community values
Removal of transitional language
Updates to outdated terminology
Inclusion of language reflecting current and best practices
The revised Charter draft is now presented for the Council’s consideration. Following
Council review, the Charter Commission will initiate a public outreach campaign to
inform the community and gather feedback before the April 2025 election.
Legal Consideration:
None.
Strategic Plan Consideration:
Service and Innovation Excellence – The City of Brookings will provide an accessible
environment committed to ongoing innovation and outstanding service through listening
and engagement.
Financial Consideration:
This presentation has no financial implications for the budget.
Supporting Documentation:
Memo
Summary of Changes
Charter - marked
Presentation
Summary of Brookings City Charter Revisions
Here’s a summary of the proposed amendments to the city charter in the image:
1. Preamble Addition: Emphasized inclusive citizen participation in governance.
2. Article I - Powers of the City:
o Updated intergovernmental relations section.
o Removed limitations section.
3. Article II - City Council:
o Removed salary mention in compensation section.
o Adjusted the Clerk and City Attorney appointment process to involve
recommendation by the City Manager and confirmation by the Council.
o Required investigations to be conducted by a third party.
o Added regular City Charter reviews every 10 years unless needed sooner.
4. Article IIA (renumbered as Article III) - City Manager:
o Added a residency requirement for the City Manager with a transition period.
o Permitted resignation as a removal option.
o Extended review intervals for City Manager's duties from five to ten years.
o Updated responsibilities related to financial and council reporting.
o Introduced new duties to promote partnerships and support long-term goals.
5. Article IV - Departments, Offices, and Agencies:
o Changed in the appointment process for the City Attorney with specific licensing
requirements.
6. Article V - Financial Procedures:
o Modified budget submission and content requirements to reflect actual practice.
o Added provisions for public hearings and amendments before budget adoption.
o Defined "publish" to include contemporary media.
o Updated appropriations and revenue ordinance details.
7. Article VIII - General Provisions:
o Changed “hired” to "employed" in anti-discrimination language, changed
"handicap" to "disability," and included "sex and gender identity" as protected
categories.
8. Articles IX & X - Charter Amendment and Transition:
o Adjusted language for proposing amendments and replace "newspapers" with
"news media" for notifications.
o Removed outdated sections.
Page 1 of 19
PART I
CHARTER
PREAMBLE
We, the people of the City of Brookings, in order to establish a more representative and
effective city government, do adopt this Charter in accordance with the Home Rule power
granted in Article IX, Section 2 of the South Dakota Constitution and the procedural
requirements of SDCL Chapter 6-12. By this action, the City of Brookings will acknowledge
treat inclusive citizencommunity participation as an integral part of effective and trusted
governance.
ARTICLE I. POWERS OF THE CITY
Sec. 1.01. Powers of the City.
The City shall have all powers possible for a city to have under the Constitutions of this
State and of the United States. It is the intention of this Charter to confer upon the City every
power it may have under law, as fully and completely as though the power was specifically
mentioned.
Sec. 1.02. Construction.
This Charter shall be construed liberally in favor of the City and the specific mention of
particular municipal powers in other sections of this Charter does not limit the powers of the City
to those so mentioned.
Sec. 1.03. Intergovernmental Relations.
The City may participate by contract or otherwise with any governmental entity of this state
or any other state or states or the United States in the performance of any activity which one or
more of such entities has the authority to undertake.
The City may exercise any of its powers or perform any of its functions and may participate
in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one (1) or
more states or any state division or agency, or the United States or any of its agencies or any
township, county or municipality.
The City retains and reserves its right to Joint Exercise of Governmental Powers as set forth
in SDCL Title 1. Further, the City adopts and ratifies each and every contract and agreement
entered into by virtue of that power under any prior City organization or form of government.
Formatted: Font: (Default) Times New Roman, 12 pt
Created: 2024-07-17 14:48:21 [EST]
(Supp. No. 17)
Page 2 of 19
Sec. 1.04. Limitations.
Nothing in this Charter shall be construed to permit the City to do any of the following:
1. Levy a personal or corporate income tax,
2. Issue more liquor licenses,
3. Permit increased gaming, or
4. Incur additional debt,
unless and except to the extent otherwise authorized to any City established as a SDCL
Title 9 authorized form of City government.
Sec. 1.05. New Taxes.
Any tax which is approved by the City Council may be submitted by the City Council to a
vote of the people for approval or disapproval before it becomes effective. Any tax which is
approved by the City Council may also be referred to a vote of the people by referendum for
approval or disapproval.
ARTICLE II. CITY COUNCIL
Sec. 2.01. General Powers and Duties.
All powers of the City shall be vested in the City Council except as otherwise provided by
law or this Charter, and the Council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the City by law. The Council shall act as a
part-time, policy making and legislative body, avoiding management and administrative issues
which are hereafter assigned to a City Manager.
Sec. 2.02. Composition, Eligibility, Terms, Powers and Duties.
a. Composition. There shall be a City Council composed of the Mayor and six (6) Council
Members to be elected by the voters of the City at large.
b. Eligibility. Only the registered voters of the City who have resided in the City for at least six
months immediately prior to the date of election shall be eligible to hold the office of
Council Member or Mayor.
c. Terms. The terms of Council Members and the Mayor shall be for three (3) years following
the completion of the terms as provided in Section 9.05.
d. The Council by resolution or ordinance shall establish the powers and the duties of the
Council and of the Mayor in addition to those assigned by the Charter.
Formatted: Font: (Default) Times New Roman
Formatted: Section
Created: 2024-07-17 14:48:21 [EST]
(Supp. No. 17)
Page 3 of 19
Sec. 2.03. Mayor.
The Mayor shall have the powers and duties as a Council Member, including the power to
vote, and in addition, shall preside at the meetings of the Council, represent the City in
intergovernmental relationships, appoint, with the advice and consent of the Council, the
members of citizen advisory boards, committees, and commissions, present an annual state of the
City message, and perform other duties specified by the Council. The Mayor shall be recognized
as head of the government for all ceremonial purposes and by the Governor for the purpose of
military law. The Mayor shall have no administrative duties. The Council shall elect annually,
from among its members, a Deputy Mayor who shall act as Mayor during the absence or the
disability of the Mayor, or until a vacancy in the office of Mayor is filled.
Sec. 2.04. Compensation; Expenses.
The initial annual salary for Council Members of the City Council shall be $3,600.00 and
shall be $4,800.00 for the Mayor. The Council, by resolution approved by at least five Council
Members, may increase the salaries of the Council Members and of the Mayor provided that no
such resolution shall become effective until the date of commencement of the term of the
Council Member or Mayor elected at the next regular election. The Mayor and Council Members
shall receive their actual and necessary expenses incurred in the performance of their duties of
office.
Sec. 2.05. Prohibitions.
(a) Holding Other Office. Except where authorized by law, no Council member shall hold any
other elected public office during the term for which the member was elected to the
Council. No Council member shall hold any other City office or City employment during
the terms for which the member was elected to the Council. No former Council member
shall hold any compensated appointive office or employment with the City until one year
after the expiration of the term for which the member was elected to the Council. Nothing in
this section shall be construed to prohibit the Council from selecting any current or former
Council member to represent the City on the governing board of any regional or
intergovernmental agency.
(b) Appointments and Removals. The City Council or any of its members shall not in any
manner control or demand the appointment or removal of any City administrative officer or
employee whom the City Manager or any subordinate of the City Manager is empowered to
appoint, however the Council may express its views and fully and freely discuss with the
City Manager anything pertaining to appointment and removal of such officer or employee.
(c) Interference with Administration. Except for the purpose of inquiries and investigations
under Section 2.09, the Council or its members shall deal with the City officers and
employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the Council nor its members shall give orders to any
such officer or employee, either publicly or privately.
Page 4 of 19
Sec. 2.06. Vacancies; Recall; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the
person's death, resignation, removal from office or forfeiture of office in any manner
authorized by law.
(b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set forth
in SDCL Title 9.
(c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the Mayor
or Council Member:
1. Lacks at any time during the term of office for which elected any qualification for the
office prescribed by this Charter or by law.
2. Violates any expressed prohibition in Section 78.02 of this Charter.
3. 3. FFails to maintain residency within the city limits.
4. 4. Is convicted of a felony.
5.5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during
a fiscal year, or three consecutive regular meetings of the Council, without being
excused by the Council.
(d) Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a
City Council Member shall be filled for the remainder of the unexpired term at the next
regular City election. The Council, by a majority vote of all its remaining members, shall
appoint a qualified person to fill the vacancy until the person elected to serve the remainder
of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior
to the next regular City election, then the person appointed to fill the vacancy shall continue
to serve and the vacancy shall be filled at the regular City election immediately following
the next regular City election. Notwithstanding the requirement in Section 2.11, if at any
time the membership of the Council is reduced to less than six (6,) the remaining members
shall, within sixty (60) days, fill the vacancies by appointment or call for a special election
to fill the vacancies.
Sec. 2.07. Judge of Qualifications.
The City Council shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office. The Council shall have the power to set additional
standards of conduct for its members beyond those specified in the charter and may provide for
such penalties as it deems appropriate, including forfeiture of office. In order to exercise these
powers, the Council shall have power to subpoena witnesses, administer oaths and require the
production of evidence. A member charged with conduct constituting grounds for forfeiture of
office shall be entitled to a public hearing on demand, and notice of such hearing shall be
published in one or more newspapers of general circulation in the City at least seven (7) days in
advance of the hearing. Decisions made by the Council under this section shall be subject to
judicial review.
Page 5 of 19
Sec. 2.08. Clerk.
The City Council shall appoint an officer of the City who shall have the title of ClerkThe
City Manager shall recommend the appointment of a City Clerk, subject to confirmation by the
City Council. The Clerk will be supervised by the City Manager in consultation with the City
Council.. The Clerk shall give notice of Council meetings to its members and the public, keep
the journal of its proceedings and perform such other duties as are assigned by this Charter or by
the Council or by state law.
Sec. 2.09. Investigations.
The City Council may authorizemake investigations into the affairs of the City and the
conduct of any City department, office or agency. A qualified third party shall conduct such
investigations and shall report its findings to the City Council. Ffor this purpose, the
investigating party may subpoena witnesses, administer oaths, take testimony and require the
production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these
powers by the Council shall be a misdemeanor punishable by a fine and shall be subject to legal
and equitable remedies as and/or jail sentence to be established by resolution of the City Council.
Sec. 2.10. Independent Audit.
The City Council shall provide for an independent annual audit of all City accounts and may
provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified
public accountant or firm of such accountants who have no personal interest, direct or indirect, in
the fiscal affairs of the City government or any of its officials or officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually, or for a period
not exceeding three years, but the designation for any particular fiscal year shall be made no later
than 30 days after the beginning of such fiscal year. If the Department of Legislative Audit
makes such an audit, the Council may accept it as satisfying the requirements of this section.
Sec. 2.11. Procedure.
a. Meetings. The Council shall meet regularly at such times and places as the Council may
prescribe by rule. Special meetings may be held on the call of the Mayor or of four (4) or
more members and, whenever practicable, upon not less than twenty-four (24) hours notice
to each member. Except as allowed by state law, all meetings shall be public.
b. Rules and Journal. The City Council shall conduct all meetings under the provisions of
Roberts Rules of Order with the exception of any conflict with this Charter, City Ordinance,
State or Federal statute, determine its own rules and order of business and shall provide for
keeping a journal of its proceedings. This journal shall be a public record.
c. Voting. Voting, except on procedural motions, shall be by roll call, and the ayes and nays
shall be recorded in the journal of City Council proceedings. Four members of the Council
shall constitute a quorum, but a smaller number may adjourn from time to time and may
compel the attendance of absent members in the manner and subject to the penalties
prescribed by the rules of the Council. No action of the Council, except as otherwise
provided in thise Charter or the preceding sentence and in Section 2.06 of this Charter,,
Page 6 of 19
shall be valid or binding unless adopted by the affirmative vote of four (4) or more members
of the Council.
Sec. 2.12. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this Charter to be done
by ordinance, those acts of the City Council shall be by ordinance which:
1. Adopt or amend an administrative code or establish, alter, or abolish any City
department, office or agency;
2. Levy taxes;
3. Grant, renew or extend a franchise;
4. Regulate land use and development;
5. Amend or repeal any ordinance previously adopted;
6. Establish and regulate the conduct of elections;
Acts other than those referred to in the preceding sentence may be done either by ordinance
or by resolution.
Sec. 2.13. Ordinances and Resolutions in General.
City ordinances and resolutions shall be introduced, published, enacted, recorded, and
codified as provided in state law; however, the City Council may by ordinance amend such
requirements.
Sec. 2.14. Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the City
Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes,
grant, renew or extend a franchise, or authorize the borrowing of money except as provided in
Section 5.06(b)4.06(b). An emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally, except that it shall be plainly designated as an emergency
ordinance, and shall contain, after the enacting clause, a declaration stating that an emergency
exists, and describing it in clear and specific terms. An emergency ordinance may be adopted
with or without amendment, or rejected at the meeting at which it is introduced, but the
affirmative vote of at least five (5) members shall be required for adoption. After its adoption,
the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall
become effective upon adoption or at such later time as it may specify. Every emergency
ordinance except one made pursuant to Section 4.06(b) shall automatically stand repealed as of
the 61st day following the date on which it was adopted, but this shall not prevent re-enactment
of the ordinance in the manner specified in this section if the emergency still exists. An
emergency ordinance may also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency ordinances.
Created: 2024-07-17 14:48:21 [EST]
(Supp. No. 17)
Page 7 of 19
Sec. 2.15. Codes of Technical Regulations.
The City Council may adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements governing such an adopting ordinance
shall be as prescribed for ordinances generally, except that:
1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of
the adopting ordinance.
2. A copy of each adopted code of technical regulations as well as of the adopting
ordinance shall be authenticated and recorded by the City Clerk pursuant to Section
2.16(a).
Copies of any adopted code of technical regulations shall be made available by the City
Clerk for distribution or for purchase at a reasonable price.
Sec. 2.16. Authentication and Recording; Codification; Printing.
a. Authentication and Recording. The City Clerk shall authenticate by signing and shall record
in full in a properly indexed book kept for that purpose all ordinances and resolutions
adopted by the City Council.
b. Codification. Within three years after adoption of this Charter, and at least every ten years
thereafter, the City Council shall provide for the preparation of a general codification of all
City ordinances and resolutions having the force and effect of law. The general codification
shall be adopted by the Council by ordinance and shall be published promptly in bound or
loose-leaf form, together with this Charter and any amendments thereto, together with
pertinent provisions of the Constitution and other laws of the State of South Dakota, and
such codes of technical regulations and other rules and regulations as the Council may
specify. This compilation shall be known and cited officially as the Brookings City Code of
Ordinances. Copies of the Code shall be furnished to City officers, placed in libraries and
public offices for free public reference and made available for purchase by the public at a
reasonable price establishedfixed by the Council. The term "City Council" or "Council"
shall replaces and means the term "City Commission" or "Commission" in the Code of
Ordinances.
c. City Charter Review. The City Council shall provide for a review of the City Charter at least
every ten years, and more frequently if the City Council determines the circumstances
warrant a City Charter review.
d. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance and
resolution having the force and effect of law and each amendment to this Charter to be
printed promptly following its adoption, and the printed ordinances, resolutions and
Ccharter amendments shall be distributed or sold to the public at reasonable prices as
establishedfixed by the Council. Following publication of the first Brookings City Code of
Ordinances and at all times thereafter, tThe ordinances, resolutions and charter amendments
shall be printed in substantially the same style as the code currently in effect and shall be
Page 8 of 19
suitable in form for integration therein. The Council shall make such further arrangements
as it deems desirable with respect to reproduction and distribution of any current changes in
or addition to the provisions of the Constitution and other laws of the State of South Dakota,
or the codes of technical regulations and other rules and regulations included in the cCode.
ARTICLE IIAI. CITY MANAGER
Sec. 32A.01. Appointment; Qualifications; Compensation.
The City Council by the affirmative vote of four (4) or more members of the Council shall
appoint a City Manager for an indefinite term and fix the manager's compensation. The City
Council shall conduct a review of the performance of the City Manager at least annually. The
City Manager shall be appointed solely on the basis of executive and administrative
qualifications and professional employment experience as a city manager or assistant city
manager. The Manager need not be a resident of the City or the Sstate of South Dakota at the
time of appointment, but must establish residency within the City of Brookings within 90 days of
appointment unless an extension to establish residency is approved by the City Councilmay
reside outside the City while in office only with the approval of the Council.
Sec. 32A..02. Removal and Resignation.
The City Manager may be suspended by a resolution approved by the affirmative vote of
four (4) or more Members of the City Council which shall set forth the reasons for suspension
and proposed removal. A copy of such resolution shall be served immediately upon the City
Manager. The City Manager shall have fifteen days in which to reply thereto in writing. The City
Manager may request and willshall be afforded a public hearing, and the City Council shall set a
time for a public hearing upon the question of the City Manager's removal. After the public
hearing, if one is requested, the City Council by the affirmative vote of four (4) of its total
membership may adopt a final resolution requesting the resignation of the City Manager or,
alternatively, removal of the City Manager if the City Manager declines to resignof removal. The
City Manager shall continue to receive full salary until the effective date of a final resolution of
removal or resignation.
Sec. 32A..03. Acting City Manager.
By letter filed with the City Clerk, the City Manager shall designate a City officer or
employee to exercise the powers and perform the duties of City Manager during the City
Mmanager's temporary absence or disability. The City Council may revoke such designation at
any time and appoint another officer of the City to serve until the City Manager returns.
Sec. 32A..04. Powers and Duties of City Manager.
The City Manager shall be the chief administrative officer of the City, responsible to the
Council for the administration of all city matters placed in the City mManager's charge by or
under this Charter. The City Manager shall:
1. Appoint and, when necessary in their discretion, suspend or remove all city employees
and appointive administrative officers provided for by or under this Charter. The City
Page 9 of 19
Manager may authorize any administrative employee or officer subject to the City
mManager's direction and supervision to exercise these powers with respect to
subordinates in that employee or officer's department, office or agency;
2. Direct and supervise the administration of all departments, offices and agencies of the
City, except as otherwise provided by this Charter or by law;
3. Attend all City Council meetings. The City Manager shall, except when the governing
body may be considering suspension or removal of the City Manager, have the right to
take part in discussion but shall not vote;
4. See that all laws, provisions of this Charter and acts of the City Council, subject to
enforcement by the City Manager or by employees or officers subject to the the City
mManager's direction and supervision, are faithfully executed;
5. Prepare and submit the annual budget and capital program to the City Council;
6. Submit updates annually on the date specified by the City Council a tenfive-year
capital program in such form as the City Manager deems desirable or the Council may
require;
7. Submit updates annually on the date specified by the City Council a tenfive-year
financial plan in such form as the City Manager deems desirable or the Council may
require;
8. Keep the City Council fully advised as to the financial condition and future needs of
the CitySubmit to the City Council and make available to the public a complete report
on the finances and administrative activities of the City as of the end of each fiscal
year;
9. Make such other reports as the City Council may require concerning the operations of
City departments, offices and agencies subject to the City Manager's direction and
supervision;
10. Keep the City Council fully advised as to the financial condition and future needs of
the City;
101. Sign all warrants for the payment of money, and the same shall be countersigned by
the Finance DirectorClerk, but no warrant shall be issued until the claim therefor has
been approved by the City Council, except as may be otherwise provided by ordinance
or resolution;
112. Oversee and assert final authority over operations and decisions regarding personnelBe
the personnel director of the City;
132. UpdateMake recommendations to the City Council on all matters concerning the
affairs of the City;
143. Assist the City Council to develop long term goals for the City and strategies to
implement these goals;
154. Encourage and provide staff support for partnerships with community organizations
and for regional and intergovernmental cooperation and equitable programming;
Page 10 of 19
165. Promote partnerships among the City Council, staff and community members in
developing public policy and building a sense of community;
1476. Provide staff support services for the Mayor and Council members; and
1857. Perform such other duties as are specified in this Charter or as may be required by
the City Council.
ARTICLE IVII. DEPARTMENTS, OFFICES AND AGENCIES
Sec. 43.01. General Provisions.
a. Creation of Departments. The City Council may establish City departments, offices or
agencies in addition to those created by this charter and may prescribe the function of all
departments, offices and agencies, except that no function assigned by this Charter to a
particular department, office or agency may be discontinued or, unless this Charter
specifically so provides, assigned to any other.
b. Supervision. All departments, offices and agencies under the direction and supervision of
the City Manager shall be administered by an officer or employee appointed by and subject
to the direction and supervision of the City Manager. With the consent of Council, the City
Manager may serve as the head of one or more of such departments, offices or agencies, or
may appoint one person as the head of two or more of such departments, offices or
agencies.
Sec. 43.02. City AttorneyLegal Officer.
The City Manager shall recommend the appointment of a City Attorney, subject to
confirmation by the City Council. The City Attorney will be supervised by the City Manager in
consultation with the City Council. There shall be a legal officer of the City appointed by the
City Council. The City Attorneylegal officer shall serve as chief legal advisor to the Council and
all City departments, offices and agencies; shall represent the city in all legal proceedings and
shall perform any other duties prescribed by state law, by this Charter or by ordinance. The City
Attorney must be an attorney licensed by the State of South Dakota.
Sec. 43.03. Copying of Public Records.
Any officer or public servant required to keep or preserve any record, document, or other
instrument which is subject to disclosure pursuant to the provisions of SDCL 1-27-1 shall keep
the records open to inspection and copying by any person during normal business hours. A
reasonable fee established by the City Manager may be charged for copying the public records.
ARTICLE IV. FINANCIAL PROCEDURES
Sec. 54.01. Fiscal Year.
The fiscal year of the City shall begin on the first day of January and end on the last day of
December.
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Sec. 54.02. Submission of Budget and Budget MessageNarrative.
On or before the 30th first day of SeptemberAugust of each year, the City Manager shall
submit to the City Council a budget for the ensuing fiscal year and an accompanying messagea
budget narrative.
Sec. 54.03. Budget.
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the
City Council may require. The budget shall begin with a clear general summary of its contents;
shall show in detail all estimated income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and expenditures of the
current fiscal year and actual income and expenditures of the current fiscal year. The budget shall
begin with a clear general summary of its contents; shall show in detail all estimated income, the
proposed property tax levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year, and shall be so arranged as to show comparative figures for estimated
income and expenditures of the current fiscal year and actual income and expenditures of the
preceding fiscal year. It shall indicate in separate sections:
1. The proposed goals and objectives and expenditures for current operations during the
ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose
or activity, and the method of financing such expenditures.
2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund by
organizational unit when practicable, and the proposed method of financing each such
capital expenditure.
3. The long-term financial impact of the proposed budget, including future debt service
requirements and the impact on fund balances. For any fund, the total of proposed
expenditures shall not exceed the total of estimated income plus the fund balance
carried forward, exclusive of reserves.
For any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus the fund balance carried forward, exclusive of reserves.
Sec. 5.044.04. City Council Action on Budget.
a. Budget Hearings. The City Council shall hold at least one may schedule public hearings on
the proposed budget at a convenient time to allow for public input. Additional hearings may
be scheduled as needed. Notice of the time and place of such hearings shall be published in
accordance with applicable laws at appropriate times and may direct changes in the City
Manager's proposed budget.
b. Amendment Before Adoption. The City Council shall adopt the final budget on or before the
30th day of September of the fiscal year currently ending. If it fails to adopt the budget by
this date, the budget proposed by the City Manager shall go into effectAfter the public
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hearing, the City Council may adopt the budget with or without amendment. In amending
the budget, it may add or increase programs or amounts and may delete or decrease any
programs or amounts, except expenditures required by law or for debt service or for an
estimated cash deficit, provided that no amendment to the budget shall increase the
authorized expenditures to an amount greater than total estimated income.
c. Adoption. The City Council shall adopt the final budget on or before the 30th day of
November of the fiscal year currently ending. If it fails to adopt the budget by this date, the
budget proposed by the City Manager shall go into effect.
d. “Publish” defined. As used in this article, the term “publish” means to print in the
contemporary means of information sharing, which includes, but is not limited to, one or
more newspapers of general circulation in the City, and, if available, inon the City’s official
web site.
Sec. 45.05. Appropriation and Revenue Ordinances.
To implement the adopted budget of the ensuing fiscal year, the City Council:
a. Shall, no later than its first regular meeting in September of each year or within 10 days
thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which
it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities
of the municipality. The ordinance shall specify the function and subfunction as prescribed
by the Department of Legislative Audit for which the appropriations are made and the
amount appropriated for each function and subfunction, which amount shall be appropriated
from the proper fund. It is not necessary to appropriate revenue to be expended from an
enterprise or trust and agency fund if the fund is not supported or subsidized by revenue
derived from the annual appropriated tax levy. However, an annual budget for these funds
shall be developed and published no later than the last day of December of each year.
b. Shall adopt any other ordinances required to authorize new revenues or to amend the rates
or other features of existing taxes or other revenue sources.To implement the adopted
budget, the City Council shall adopt, prior to the beginning of the
fiscal year:
a. An appropriation ordinance making appropriations by department or major organizational
unit and authorizing an allocation for each program or activity;
b. A tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or
rates; and
c. Any other ordinances required to authorize new revenues or to amend the rates or other
features of existing taxes or other revenue sources.
Sec. 54.06. Amendments After Adoption.
a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there
are available for appropriation revenues in excess of those estimated in the budget, the City
Council by ordinance may make supplemental appropriations for the year up to the amount
of such excess.
b. Emergency Appropriations. To meet a public emergency affecting life, health, property, or
the public peace, the City Council may make emergency appropriations. Such
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appropriations may be made by emergency ordinance in accordance with the provisions of
Section 2.14 of this Charter. To the extent that there are no available unappropriated
revenues or a sufficient fund balance to meet such appropriations, the Council may by such
emergency ordinance authorize the issuance of emergency notes, which may be renewed
from time to time, but the emergency notes and renewals of any fiscal year shall be paid not
later than the last day of the fiscal year next succeeding that in which the emergency
appropriation was made.
c. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the
City Manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the City Manager, shall report
to the City Council without delay, indicating the estimated amount of the deficit, any
remedial action taken by the Council and recommendationsany remedial action taken by the
City Manager, and recommendations as to any other steps to be taken. The City Council
shall then take such further action as it deems necessary to prevent or reduce any deficit and
for that purpose it may by ordinance reduce one or more appropriations.
d. Transfer of Appropriations. At any time during the fiscal year the City Council may by
resolution transfer part or all of the unencumbered appropriation balance from one
department or major organizational unit to the appropriation for other departments or major
organizational units. The City Manager may transfer part or all of any unencumbered
appropriation balances among programs within a department or organizational unit and shall
report such transfers to the City Council in writing prior to the next Council meeting.
e. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred,
and no appropriation may be reduced below any amount required by law to be appropriated
or by more than the amount required by law to be appropriated, or by more than the amount
of the unencumbered balance thereof. The emergency appropriations and reduction or
transfer of appropriations authorized by this section may be made effective immediately
upon adoption.
Sec. 54.07. Lapse of AppropriationsAdministration and Fiduciary Oversight of the Budget.
Every appropriation shall lapse at the close of the fiscal year to the extent that it has not
been expended or encumbered.The City Council shall provide by ordinance or resolution the
procedures for administration and fiduciary oversight of the budget.
Sec. 54.08. Administration of Budget.
The City Council shall provide by ordinance or resolution the procedures for administering
the budget.
Sec. 4.09. Overspending of Appropriations Prohibited.
No payment shall be made or obligation incurred against any allotment or appropriation
except in accordance with appropriations duly made and unless the City Manager or the City
Manager's designee first certifies that there is a sufficient unencumbered balance in such
allotment or appropriation and that sufficient funds therefrom are or will be available to cover
the claim or meet the obligation when it becomes due and payable. Any authorization of payment
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or incurring of obligation in violation of the provisions of this Charter shall be void and any
payments made illegal. A violation of this provision shall be cause for removal of any employee
or officer who knowingly authorized or made such payment or incurred such obligation. Such
employee or officer may also be liable to the City for any amount so paid. Except where
prohibited by law, however, nothing in this Charter shall be construed to prevent the making of
improvements to be financed wholly or partly by the issuance of bonds or to prevent the making
of any contract or lease providing for payments beyond the end of the fiscal year, but only if
such action is made or approved by ordinance.
Sec. 5.094.10. Public Records.
Copies of the budget, and appropriation and revenue ordinances shall be public records and
shall be made available to the public at suitable places in the City.Copies of the budget, capital
improvement plan, independent audits, and appropriation and revenue ordinances shall be public
records and shall be made available to the public at suitable places in the City, including the
City’s official web site.
ARTICLE VI. ELECTIONS
Sec. 65.01. City Elections.
a. Regular Elections. The regular city election shall be held at the time established by state law
or as established by ordinance of the City Council.
b. Registered Voter Defined. All citizens legally registered under the Constitution and laws of
the State of South Dakota to vote in the City shall be registered voters of the City within the
meaning of this Charter.
c. Conduct of Elections. The provisions of the general election laws of the State of South
Dakota shall apply to elections held under this Charter or as set forth in any ordinance
adopted by the City Council. All elections provided for by this Charter shall be conducted
by the election authorities established by law. Candidates shall run for office without party
designation. For the conduct of City elections, for the prevention of fraud in such elections
and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt
ordinances consistent with law and this Charter, and the election authorities may adopt
further regulations consistent with law and this Charter and the ordinances of the Council.
Such ordinances and regulations pertaining to elections shall be publicized and published in
the manner provided for publication of City ordinances generally.
Sec. 65.02. Initiative and Referendum.
The powers of initiative and referendum are hereby reserved to the electors of the City. The
provisions of the election law of the State of South Dakota, as they currently exist or may
hereafter be amended or superseded, shall govern the exercise of the powers of initiative and
referendum under this Charter.
PART I - CHARTER
ARTICLE VI. BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL
Brookings, South Dakota, Code of Ordinances Created: 2024-07-17 14:48:21 [EST]
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ARTICLE VII. BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS
MUNICIPAL HOSPITAL
Sec. 76.01. [Management and Control.]
a. Management and Control of Brookings Municipal Utilities. The management and control of
the Brookings Municipal Utilities is vested in the Utility Board as established by a vote of
the Brookings city voters on April 14, 1970. The Utility Board may take any and all action
it deems advisable in the furtherance of any utilities or enterprises now existing or hereafter
acquired under its control, including the borrowing of money, issuance of bonds and other
forms of indebtedness.
b. Management and Control of Brookings Municipal Hospital. The management and control
of the Brookings Municipal Hospital is vested in a Hospital Board as established by Chapter
42 of the Code of Ordinances of the City of Brookings. The Hospital Board may take any
and all action it deems advisable in the furtherance of the hospital or its related facilities
under its control, including the borrowing of money, issuance of bonds and other forms of
indebtedness.
ARTICLE VIII. GENERAL PROVISIONS
Sec. 78.01. Conflicts of Interest; Board of Ethics.
a. Conflicts of Interest. The use of public office for private gain is prohibited. The City
Council shall implement this prohibition by ordinance. Regulations to this end shall include,
but not be limited to: acting in an official capacity on matters in which the official has a
private financial interest clearly separate from that of the general public; the acceptance of
gifts and other things of value; acting in a private capacity on matters dealt with as a public
official, the use of confidential information; and appearances by city officials before other
city agencies on behalf of private interests. The appearance of impropriety shall be avoided.
Municipal officials shall be, at a minimum, restricted from conflicts of interest to the same
extent that state public officials are bound by state law; provided however, that the City
Council may adopt an ordinance setting a stricter standard.
Sec. 87.02. Prohibitions.
a. Activities Prohibited.
1. No person shall be employed, appointed to or removed from, or in any way favored or
discriminated against with respect to any city position or appointive city administrative
office because of race, gender, sex and gender identity, sexual orientation, age,
disabilityhandicap, religion, country of origin, or political affiliation.
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2. No person shall willfully make any false statement, certificate, mark, rating, or report
in regard to any test, certification, or appointment under the provisions of this Charter
or the rules and regulations made thereunder, or in any manner commit or attempt to
commit any fraud preventing the impartial execution of such provisions, rules and
regulations.
3. No person who seeks appointment or promotion with respect to any city position or
appointive city administrative office shall directly or indirectly give, render, or pay any
money, service, or other valuable thing to any person for or in connection with any
test, appointment, proposed appointment or proposed promotion.
4. No person shall knowingly or willfully solicit or assist in soliciting any assessment,
subscription, or contribution for any political party or political purpose to be used in
conjunction with any city election from any city employee.
5. No city employee shall, directly or indirectly, contribute money or anything of value to
or render service in behalf of the candidacy of any candidate for nomination or election
to any City office. The expression of private or personal views concerning candidates
for political office is not prohibited by this provisionhereby. Violation of this section
shall be grounds for discharge or other disciplinary action.
b. Penalties. Any violation of this section shall be sufficient cause for the suspension,
demotion, or termination of the employment of any City employee found to be in violation
of this section. The City Council shall establish by ordinance such further penalties as it
may deem appropriate.
(Ord. No. 17-06, § I, 5-23-2006)
ARTICLE VIIIX. CHARTER AMENDMENT
Sec. 98.01. Proposal of Amendment.
Amendments to this Charter may be framed and proposed:
a. In the manner provided by law, by initiative or referendum, or
b. By ordinance of the City Council containing the full text of the proposed amendment
(except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot be so amended) and
effective upon adoption, or
c. By report of a charter commission created by ordinance, or
d. By the voters of the city, when any 15 qualified voters initiate proceedings to amend
the Charter by filing with the City Clerk an affidavit stating they will constitute the
petitioners' committee and be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the proposed charter
amendment. Promptly after the affidavit of the petitioners' committee is filed, the Clerk
shall issue the appropriate petition blanks to the petitioners' committee. The petitions
shall contain or have attached thereto throughout their circulation the full text of the
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proposed charter amendment and must be signed by registered voters of the City in the
number of at least ten percent of those individuals actually voting in the City in the
preceding gubernatorial election.
Sec. 98.02. Election.
Upon delivery to other City election authorities of the report of a charter commission
pursuant to Section 8.01(c) or delivery by the City Clerk of an adopted ordinance proposing an
amendment pursuant to Section 8.01(b) or a petition finally determined sufficient to propose an
amendment pursuant to Section 8.01(d), the election authorities shall submit the proposed
amendment to the voters of the City in an election. Such election shall be announced by a notice
containing the complete text of the proposed amendment and published in the news mediaone or
more newspapers of general circulation in the City at least 30 days prior to the date of the
election. If the amendment is proposed by petition, the amendment may be withdrawn at any
time prior to the 13th day preceding the day scheduled for the election by filing with the City
Clerk a request for withdrawal signed by at least two-thirds of the members of the petitioners'
committee. The election shall be held not less than 60 days and not more than 120 days after the
adoption of the ordinance or report, or the final determination of sufficiency of the petition
proposing the amendment. If no regular election is to be held within that period, the City Council
shall provide for a special election on the proposed amendment; otherwise, the holding of a
special election shall be as specified in the Sstate election law.
Sec. 98.03. Adoption of Amendment.
If a majority of the registered voters of the City voting upon a proposed charter amendment
vote in favor of it, the amendment shall become effective at the time providedfixed in the
amendment, or if no time is provided therein fixed, 30 days after the initial canvas certifying its
adoption by the voters.
ARTICLE IX. TRANSITION/SEPARABILITY SEVERABILITY PROVISION
Sec. 109.01. Officers and Employees.
a. Rights and Privileges Preserved. Nothing in this Charter, except as otherwise specifically
provided, shall affect or impair the rights or privileges of persons who are city officers or
employees at the time of its adoption.
b. Continuance of Office or Employment. Except as specifically provided by this Charter, if at
the time this Charter or any amendment thereof takes full effect, a City administrative
officer or employee holds any office or position which is or can be abolished by or under
this Ccharter, theyhe or she shall continue in such office or position until the effective
datetaking effect of some a specific provision under this Charter directing that theyhe or she
vacate the office or position.
c. Personnel System. An employee holding a city position at the time this Charter takes full
effect, who was serving in that same or a comparable position at the time of its adoption,
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shall not be subject to competitive tests as a condition of continuance in the same position
but in all other respects shall be subject to the personnel system provided for in Article III.
Sec. 109.02. Departments, Offices and Agencies.
a. Transfer of Powers. If a City department, office or agency is abolished by this Charter, the
powers and duties given it by law shall be transferred to the City department, office or
agency designated in this Ccharter or, if thisthe cCharter makes no provision, as designated
by the City Council.
b. Property and Records. All property, records and equipment of any department, office or
agency existing when this Charter or any amendment thereof is adopted shall be transferred
to the department, office or agency assuming its powers and duties, but, in the event that the
powers or duties are to be discontinued or divided between units or in the event that any
conflict arises regarding a transfer, such property, records or equipment shall be transferred
to one or more departments, offices or agencies as designated by the City Council in
accordance with this Charter.
Sec. 109.03. Pending Matters.
All rights, claims, actions, orders, contracts and legal administrative proceedings shall
continue except as modified pursuant to the provisions of this Charter and in each case shall be
maintained, conductedcarried on or addresseddealt with by the City department, office or
agency appropriate under this Charter.
Sec. 910.04. State and Municipal Laws.
a. In General. All City ordinances, resolutions, orders and regulations which are in force
when this amended
Charter becomes effective shall continue, except any ordinance is repealed to the extent it is
inconsistent with this Charter or of ordinances or resolutions adopted pursuant thereto. To the
extent that the Constitution and laws of the State of South Dakota permit, all laws relating to or
affecting this City or its agencies, officers or employees which are in force when this Charter
becomes fully effective are superseded to the extent that they are inconsistent or interfere with
the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.
Sec. 9.05. Schedule.
a. Transition and Election Schedule. Three (3) members of the City Council and the Mayor
shall be elected at the regular city election in 2003, with two (2) members of the City
Council elected to serve until the regular city election in 2004, after which the three (3) year
terms of their successors shall begin, and one (1) member and the Mayor elected to serve
until the regular city election in 2006 after which the three (3) year terms of their successors
shall begin.
Three (3) members of the City Council shall be elected at the regular city election in 2005,
with one (1) member of the City Council elected to serve until the regular city election in 2006,
after which the three (3) year term of their successor shall begin, and two (2) members elected to
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serve until the regular city election in 2008 after which the three (3) year terms of their
successors shall begin.
At the regular city election in 2006 and thereafter vacancies shall be filled for three year
terms with regular city elections being held annually.
b. Temporary Ordinances. In adopting ordinances as provided in Section 9.05(c), the City
Council shall follow the procedures prescribed in Article II, except that at its first meeting
or any meeting held within 60 days after the first City Council meeting of this Charter, the
Council may adopt temporary ordinances to deal with cases in which there is an urgent need
for prompt action in connection with the transition of government and in which the delay
incident to the appropriate ordinance procedure would probably cause serious hardship or
impairment of effective city government. Every temporary ordinance shall be plainly
labeled as such but shall be introduced in the form and manner prescribed for other adopted
ordinances. A temporary ordinance shall become effective upon adoption or at such later
time preceding automatic repeal under this subsection as it may specify, and the referendum
power shall not extend to any such ordinance. Every temporary ordinance, including any
amendments made thereto after adoption, shall automatically stand repealed as of the 91st
day following the date on which it was adopted, renewed or otherwise continued except by
adoption in the manner prescribed in Article II of this Charter for ordinances of the kind
concerned.
c. Initial Expenses. The initial expenses of the City Council, including the expense of
recruiting a City Manager, shall be paid by the City on warrants signed by the Mayor and
Clerk.
Sec.10.0 9.056. SeparabilitySE Severability.
If any provision of this Charter is held invalid, the other provisions of the Charter shall not
be affected thereby. If the application of thisthe Charter or any of its provisions to any person or
circumstance is held invalid, the application of thisthe Charter and its provisions to other persons
or circumstances shall not be affected thereby.
Page 1 of 19
PART I
CHARTER
PREAMBLE
We, the people of the City of Brookings, in order to establish a more representative and
effective city government, do adopt this Charter in accordance with the Home Rule power
granted in Article IX, Section 2 of the South Dakota Constitution and the procedural
requirements of SDCL Chapter 6-12. By this action, the City of Brookings will acknowledge
treat inclusive citizencommunity participation as an integral part of effective and trusted
governance.
ARTICLE I. POWERS OF THE CITY
Sec. 1.01. Powers of the City.
The City shall have all powers possible for a city to have under the Constitutions of this
State and of the United States. It is the intention of this Charter to confer upon the City every
power it may have under law, as fully and completely as though the power was specifically
mentioned.
Sec. 1.02. Construction.
This Charter shall be construed liberally in favor of the City and the specific mention of
particular municipal powers in other sections of this Charter does not limit the powers of the City
to those so mentioned.
Sec. 1.03. Intergovernmental Relations.
The City may participate by contract or otherwise with any governmental entity of this state
or any other state or states or the United States in the performance of any activity which one or
more of such entities has the authority to undertake.
The City may exercise any of its powers or perform any of its functions and may participate
in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one (1) or
more states or any state division or agency, or the United States or any of its agencies or any
township, county or municipality.
The City retains and reserves its right to Joint Exercise of Governmental Powers as set forth
in SDCL Title 1. Further, the City adopts and ratifies each and every contract and agreement
entered into by virtue of that power under any prior City organization or form of government.
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Sec. 1.04. Limitations.
Nothing in this Charter shall be construed to permit the City to do any of the following:
1. Levy a personal or corporate income tax,
2. Issue more liquor licenses,
3. Permit increased gaming, or
4. Incur additional debt,
unless and except to the extent otherwise authorized to any City established as a SDCL
Title 9 authorized form of City government.
Sec. 1.05. New Taxes.
Any tax which is approved by the City Council may be submitted by the City Council to a
vote of the people for approval or disapproval before it becomes effective. Any tax which is
approved by the City Council may also be referred to a vote of the people by referendum for
approval or disapproval.
ARTICLE II. CITY COUNCIL
Sec. 2.01. General Powers and Duties.
All powers of the City shall be vested in the City Council except as otherwise provided by
law or this Charter, and the Council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the City by law. The Council shall act as a
part-time, policy making and legislative body, avoiding management and administrative issues
which are hereafter assigned to a City Manager.
Sec. 2.02. Composition, Eligibility, Terms, Powers and Duties.
a. Composition. There shall be a City Council composed of the Mayor and six (6) Council
Members to be elected by the voters of the City at large.
b. Eligibility. Only the registered voters of the City who have resided in the City for at least six
months immediately prior to the date of election shall be eligible to hold the office of
Council Member or Mayor.
c. Terms. The terms of Council Members and the Mayor shall be for three (3) years following
the completion of the terms as provided in Section 9.05.
d. The Council by resolution or ordinance shall establish the powers and the duties of the
Council and of the Mayor in addition to those assigned by the Charter.
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Sec. 2.03. Mayor.
The Mayor shall have the powers and duties as a Council Member, including the power to
vote, and in addition, shall preside at the meetings of the Council, represent the City in
intergovernmental relationships, appoint, with the advice and consent of the Council, the
members of citizen advisory boards, committees, and commissions, present an annual state of the
City message, and perform other duties specified by the Council. The Mayor shall be recognized
as head of the government for all ceremonial purposes and by the Governor for the purpose of
military law. The Mayor shall have no administrative duties. The Council shall elect annually,
from among its members, a Deputy Mayor who shall act as Mayor during the absence or the
disability of the Mayor, or until a vacancy in the office of Mayor is filled.
Sec. 2.04. Compensation; Expenses.
The initial annual salary for Council Members of the City Council shall be $3,600.00 and
shall be $4,800.00 for the Mayor. The Council, by resolution approved by at least five Council
Members, may increase the salaries of the Council Members and of the Mayor provided that no
such resolution shall become effective until the date of commencement of the term of the
Council Member or Mayor elected at the next regular election. The Mayor and Council Members
shall receive their actual and necessary expenses incurred in the performance of their duties of
office.
Sec. 2.05. Prohibitions.
(a) Holding Other Office. Except where authorized by law, no Council member shall hold any
other elected public office during the term for which the member was elected to the
Council. No Council member shall hold any other City office or City employment during
the terms for which the member was elected to the Council. No former Council member
shall hold any compensated appointive office or employment with the City until one year
after the expiration of the term for which the member was elected to the Council. Nothing in
this section shall be construed to prohibit the Council from selecting any current or former
Council member to represent the City on the governing board of any regional or
intergovernmental agency.
(b) Appointments and Removals. The City Council or any of its members shall not in any
manner control or demand the appointment or removal of any City administrative officer or
employee whom the City Manager or any subordinate of the City Manager is empowered to
appoint, however the Council may express its views and fully and freely discuss with the
City Manager anything pertaining to appointment and removal of such officer or employee.
(c) Interference with Administration. Except for the purpose of inquiries and investigations
under Section 2.09, the Council or its members shall deal with the City officers and
employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the Council nor its members shall give orders to any
such officer or employee, either publicly or privately.
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Sec. 2.06. Vacancies; Recall; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the
person's death, resignation, removal from office or forfeiture of office in any manner
authorized by law.
(b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set forth
in SDCL Title 9.
(c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the Mayor
or Council Member:
1. Lacks at any time during the term of office for which elected any qualification for the
office prescribed by this Charter or by law.
2. Violates any expressed prohibition in Section 78.02 of this Charter.
3. 3. FFails to maintain residency within the city limits.
4. 4. Is convicted of a felony.
5.5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during
a fiscal year, or three consecutive regular meetings of the Council, without being
excused by the Council.
(d) Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a
City Council Member shall be filled for the remainder of the unexpired term at the next
regular City election. The Council, by a majority vote of all its remaining members, shall
appoint a qualified person to fill the vacancy until the person elected to serve the remainder
of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior
to the next regular City election, then the person appointed to fill the vacancy shall continue
to serve and the vacancy shall be filled at the regular City election immediately following
the next regular City election. Notwithstanding the requirement in Section 2.11, if at any
time the membership of the Council is reduced to less than six (6,) the remaining members
shall, within sixty (60) days, fill the vacancies by appointment or call for a special election
to fill the vacancies.
Sec. 2.07. Judge of Qualifications.
The City Council shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office. The Council shall have the power to set additional
standards of conduct for its members beyond those specified in the charter and may provide for
such penalties as it deems appropriate, including forfeiture of office. In order to exercise these
powers, the Council shall have power to subpoena witnesses, administer oaths and require the
production of evidence. A member charged with conduct constituting grounds for forfeiture of
office shall be entitled to a public hearing on demand, and notice of such hearing shall be
published in one or more newspapers of general circulation in the City at least seven (7) days in
advance of the hearing. Decisions made by the Council under this section shall be subject to
judicial review.
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Sec. 2.08. Clerk.
The City Council shall appoint an officer of the City who shall have the title of ClerkThe
City Manager shall recommend the appointment of a City Clerk, subject to confirmation by the
City Council. The Clerk will be supervised by the City Manager in consultation with the City
Council.. The Clerk shall give notice of Council meetings to its members and the public, keep
the journal of its proceedings and perform such other duties as are assigned by this Charter or by
the Council or by state law.
Sec. 2.09. Investigations.
The City Council may authorizemake investigations into the affairs of the City and the
conduct of any City department, office or agency. A qualified third party shall conduct such
investigations and shall report its findings to the City Council. Ffor this purpose, the
investigating party may subpoena witnesses, administer oaths, take testimony and require the
production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these
powers by the Council shall be a misdemeanor punishable by a fine and shall be subject to legal
and equitable remedies as and/or jail sentence to be established by resolution of the City Council.
Sec. 2.10. Independent Audit.
The City Council shall provide for an independent annual audit of all City accounts and may
provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified
public accountant or firm of such accountants who have no personal interest, direct or indirect, in
the fiscal affairs of the City government or any of its officials or officers. The Council may,
without requiring competitive bids, designate such accountant or firm annually, or for a period
not exceeding three years, but the designation for any particular fiscal year shall be made no later
than 30 days after the beginning of such fiscal year. If the Department of Legislative Audit
makes such an audit, the Council may accept it as satisfying the requirements of this section.
Sec. 2.11. Procedure.
a. Meetings. The Council shall meet regularly at such times and places as the Council may
prescribe by rule. Special meetings may be held on the call of the Mayor or of four (4) or
more members and, whenever practicable, upon not less than twenty-four (24) hours notice
to each member. Except as allowed by state law, all meetings shall be public.
b. Rules and Journal. The City Council shall conduct all meetings under the provisions of
Roberts Rules of Order with the exception of any conflict with this Charter, City Ordinance,
State or Federal statute, determine its own rules and order of business and shall provide for
keeping a journal of its proceedings. This journal shall be a public record.
c. Voting. Voting, except on procedural motions, shall be by roll call, and the ayes and nays
shall be recorded in the journal of City Council proceedings. Four members of the Council
shall constitute a quorum, but a smaller number may adjourn from time to time and may
compel the attendance of absent members in the manner and subject to the penalties
prescribed by the rules of the Council. No action of the Council, except as otherwise
provided in thise Charter or the preceding sentence and in Section 2.06 of this Charter,,
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shall be valid or binding unless adopted by the affirmative vote of four (4) or more members
of the Council.
Sec. 2.12. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this Charter to be done
by ordinance, those acts of the City Council shall be by ordinance which:
1. Adopt or amend an administrative code or establish, alter, or abolish any City
department, office or agency;
2. Levy taxes;
3. Grant, renew or extend a franchise;
4. Regulate land use and development;
5. Amend or repeal any ordinance previously adopted;
6. Establish and regulate the conduct of elections;
Acts other than those referred to in the preceding sentence may be done either by ordinance
or by resolution.
Sec. 2.13. Ordinances and Resolutions in General.
City ordinances and resolutions shall be introduced, published, enacted, recorded, and
codified as provided in state law; however, the City Council may by ordinance amend such
requirements.
Sec. 2.14. Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the City
Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes,
grant, renew or extend a franchise, or authorize the borrowing of money except as provided in
Section 5.06(b)4.06(b). An emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally, except that it shall be plainly designated as an emergency
ordinance, and shall contain, after the enacting clause, a declaration stating that an emergency
exists, and describing it in clear and specific terms. An emergency ordinance may be adopted
with or without amendment, or rejected at the meeting at which it is introduced, but the
affirmative vote of at least five (5) members shall be required for adoption. After its adoption,
the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall
become effective upon adoption or at such later time as it may specify. Every emergency
ordinance except one made pursuant to Section 4.06(b) shall automatically stand repealed as of
the 61st day following the date on which it was adopted, but this shall not prevent re-enactment
of the ordinance in the manner specified in this section if the emergency still exists. An
emergency ordinance may also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency ordinances.
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Sec. 2.15. Codes of Technical Regulations.
The City Council may adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements governing such an adopting ordinance
shall be as prescribed for ordinances generally, except that:
1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of
the adopting ordinance.
2. A copy of each adopted code of technical regulations as well as of the adopting
ordinance shall be authenticated and recorded by the City Clerk pursuant to Section
2.16(a).
Copies of any adopted code of technical regulations shall be made available by the City
Clerk for distribution or for purchase at a reasonable price.
Sec. 2.16. Authentication and Recording; Codification; Printing.
a. Authentication and Recording. The City Clerk shall authenticate by signing and shall record
in full in a properly indexed book kept for that purpose all ordinances and resolutions
adopted by the City Council.
b. Codification. Within three years after adoption of this Charter, and at least every ten years
thereafter, the City Council shall provide for the preparation of a general codification of all
City ordinances and resolutions having the force and effect of law. The general codification
shall be adopted by the Council by ordinance and shall be published promptly in bound or
loose-leaf form, together with this Charter and any amendments thereto, together with
pertinent provisions of the Constitution and other laws of the State of South Dakota, and
such codes of technical regulations and other rules and regulations as the Council may
specify. This compilation shall be known and cited officially as the Brookings City Code of
Ordinances. Copies of the Code shall be furnished to City officers, placed in libraries and
public offices for free public reference and made available for purchase by the public at a
reasonable price establishedfixed by the Council. The term "City Council" or "Council"
shall replaces and means the term "City Commission" or "Commission" in the Code of
Ordinances.
c. City Charter Review. The City Council shall provide for a review of the City Charter at least
every ten years, and more frequently if the City Council determines the circumstances
warrant a City Charter review.
d. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance and
resolution having the force and effect of law and each amendment to this Charter to be
printed promptly following its adoption, and the printed ordinances, resolutions and
Ccharter amendments shall be distributed or sold to the public at reasonable prices as
establishedfixed by the Council. Following publication of the first Brookings City Code of
Ordinances and at all times thereafter, tThe ordinances, resolutions and charter amendments
shall be printed in substantially the same style as the code currently in effect and shall be
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suitable in form for integration therein. The Council shall make such further arrangements
as it deems desirable with respect to reproduction and distribution of any current changes in
or addition to the provisions of the Constitution and other laws of the State of South Dakota,
or the codes of technical regulations and other rules and regulations included in the cCode.
ARTICLE IIAI. CITY MANAGER
Sec. 32A.01. Appointment; Qualifications; Compensation.
The City Council by the affirmative vote of four (4) or more members of the Council shall
appoint a City Manager for an indefinite term and fix the manager's compensation. The City
Council shall conduct a review of the performance of the City Manager at least annually. The
City Manager shall be appointed solely on the basis of executive and administrative
qualifications and professional employment experience as a city manager or assistant city
manager. The Manager need not be a resident of the City or the Sstate of South Dakota at the
time of appointment, but must establish residency within the City of Brookings within 90 days of
appointment unless an extension to establish residency is approved by the City Councilmay
reside outside the City while in office only with the approval of the Council.
Sec. 32A..02. Removal and Resignation.
The City Manager may be suspended by a resolution approved by the affirmative vote of
four (4) or more Members of the City Council which shall set forth the reasons for suspension
and proposed removal. A copy of such resolution shall be served immediately upon the City
Manager. The City Manager shall have fifteen days in which to reply thereto in writing. The City
Manager may request and willshall be afforded a public hearing, and the City Council shall set a
time for a public hearing upon the question of the City Manager's removal. After the public
hearing, if one is requested, the City Council by the affirmative vote of four (4) of its total
membership may adopt a final resolution requesting the resignation of the City Manager or,
alternatively, removal of the City Manager if the City Manager declines to resignof removal. The
City Manager shall continue to receive full salary until the effective date of a final resolution of
removal or resignation.
Sec. 32A..03. Acting City Manager.
By letter filed with the City Clerk, the City Manager shall designate a City officer or
employee to exercise the powers and perform the duties of City Manager during the City
Mmanager's temporary absence or disability. The City Council may revoke such designation at
any time and appoint another officer of the City to serve until the City Manager returns.
Sec. 32A..04. Powers and Duties of City Manager.
The City Manager shall be the chief administrative officer of the City, responsible to the
Council for the administration of all city matters placed in the City mManager's charge by or
under this Charter. The City Manager shall:
1. Appoint and, when necessary in their discretion, suspend or remove all city employees
and appointive administrative officers provided for by or under this Charter. The City
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Manager may authorize any administrative employee or officer subject to the City
mManager's direction and supervision to exercise these powers with respect to
subordinates in that employee or officer's department, office or agency;
2. Direct and supervise the administration of all departments, offices and agencies of the
City, except as otherwise provided by this Charter or by law;
3. Attend all City Council meetings. The City Manager shall, except when the governing
body may be considering suspension or removal of the City Manager, have the right to
take part in discussion but shall not vote;
4. See that all laws, provisions of this Charter and acts of the City Council, subject to
enforcement by the City Manager or by employees or officers subject to the the City
mManager's direction and supervision, are faithfully executed;
5. Prepare and submit the annual budget and capital program to the City Council;
6. Submit updates annually on the date specified by the City Council a tenfive-year
capital program in such form as the City Manager deems desirable or the Council may
require;
7. Submit updates annually on the date specified by the City Council a tenfive-year
financial plan in such form as the City Manager deems desirable or the Council may
require;
8. Keep the City Council fully advised as to the financial condition and future needs of
the CitySubmit to the City Council and make available to the public a complete report
on the finances and administrative activities of the City as of the end of each fiscal
year;
9. Make such other reports as the City Council may require concerning the operations of
City departments, offices and agencies subject to the City Manager's direction and
supervision;
10. Keep the City Council fully advised as to the financial condition and future needs of
the City;
11. Sign all warrants for the payment of money, and the same shall be countersigned by
the Finance DirectorClerk, but no warrant shall be issued until the claim therefor has
been approved by the City Council, except as may be otherwise provided by ordinance
or resolution;
12. Oversee and assert final authority over operations and decisions regarding personnelBe
the personnel director of the City;
13. UpdateMake recommendations to the City Council on all matters concerning the
affairs of the City;
14. Assist the City Council to develop long term goals for the City and strategies to
implement these goals;
15. Encourage and provide staff support for partnerships with community organizations
and for regional and intergovernmental cooperation and equitable programming;
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16. Promote partnerships among the City Council, staff and community members in
developing public policy and building a sense of community;
147. Provide staff support services for the Mayor and Council members; and
185. Perform such other duties as are specified in this Charter or as may be required by the
City Council.
ARTICLE IVII. DEPARTMENTS, OFFICES AND AGENCIES
Sec. 43.01. General Provisions.
a. Creation of Departments. The City Council may establish City departments, offices or
agencies in addition to those created by this charter and may prescribe the function of all
departments, offices and agencies, except that no function assigned by this Charter to a
particular department, office or agency may be discontinued or, unless this Charter
specifically so provides, assigned to any other.
b. Supervision. All departments, offices and agencies under the direction and supervision of
the City Manager shall be administered by an officer or employee appointed by and subject
to the direction and supervision of the City Manager. With the consent of Council, the City
Manager may serve as the head of one or more of such departments, offices or agencies, or
may appoint one person as the head of two or more of such departments, offices or
agencies.
Sec. 43.02. City AttorneyLegal Officer.
The City Manager shall recommend the appointment of a City Attorney, subject to
confirmation by the City Council. The City Attorney will be supervised by the City Manager in
consultation with the City Council. There shall be a legal officer of the City appointed by the
City Council. The City Attorneylegal officer shall serve as chief legal advisor to the Council and
all City departments, offices and agencies; shall represent the city in all legal proceedings and
shall perform any other duties prescribed by state law, by this Charter or by ordinance. The City
Attorney must be an attorney licensed by the State of South Dakota.
Sec. 43.03. Copying of Public Records.
Any officer or public servant required to keep or preserve any record, document, or other
instrument which is subject to disclosure pursuant to the provisions of SDCL 1-27-1 shall keep
the records open to inspection and copying by any person during normal business hours. A
reasonable fee established by the City Manager may be charged for copying the public records.
ARTICLE IV. FINANCIAL PROCEDURES
Sec. 54.01. Fiscal Year.
The fiscal year of the City shall begin on the first day of January and end on the last day of
December.
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Sec. 54.02. Submission of Budget and Budget MessageNarrative.
On or before the 30th first day of SeptemberAugust of each year, the City Manager shall
submit to the City Council a budget for the ensuing fiscal year and an accompanying messagea
budget narrative.
Sec. 54.03. Budget.
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the
City Council may require. The budget shall begin with a clear general summary of its contents;
shall show in detail all estimated income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and expenditures of the
current fiscal year and actual income and expenditures of the current fiscal year. The budget shall
begin with a clear general summary of its contents; shall show in detail all estimated income, the
proposed property tax levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year, and shall be so arranged as to show comparative figures for estimated
income and expenditures of the current fiscal year and actual income and expenditures of the
preceding fiscal year. It shall indicate in separate sections:
1. The proposed goals and objectives and expenditures for current operations during the
ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose
or activity, and the method of financing such expenditures.
2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund by
organizational unit when practicable, and the proposed method of financing each such
capital expenditure.
3. The long-term financial impact of the proposed budget, including future debt service
requirements and the impact on fund balances. For any fund, the total of proposed
expenditures shall not exceed the total of estimated income plus the fund balance
carried forward, exclusive of reserves.
For any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus the fund balance carried forward, exclusive of reserves.
Sec. 5.044.04. City Council Action on Budget.
a. Budget Hearings. The City Council shall hold at least one may schedule public hearings on
the proposed budget at a convenient time to allow for public input. Additional hearings may
be scheduled as needed. Notice of the time and place of such hearings shall be published in
accordance with applicable laws at appropriate times and may direct changes in the City
Manager's proposed budget.
b. Amendment Before Adoption. The City Council shall adopt the final budget on or before the
30th day of September of the fiscal year currently ending. If it fails to adopt the budget by
this date, the budget proposed by the City Manager shall go into effectAfter the public
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hearing, the City Council may adopt the budget with or without amendment. In amending
the budget, it may add or increase programs or amounts and may delete or decrease any
programs or amounts, except expenditures required by law or for debt service or for an
estimated cash deficit, provided that no amendment to the budget shall increase the
authorized expenditures to an amount greater than total estimated income.
c. Adoption. The City Council shall adopt the final budget on or before the 30th day of
November of the fiscal year currently ending. If it fails to adopt the budget by this date, the
budget proposed by the City Manager shall go into effect.
d. “Publish” defined. As used in this article, the term “publish” means to print in the
contemporary means of information sharing, which includes, but is not limited to, one or
more newspapers of general circulation in the City, and, if available, inon the City’s official
web site.
Sec. 45.05. Appropriation and Revenue Ordinances.
To implement the adopted budget of the ensuing fiscal year, the City Council:
a. Shall, no later than its first regular meeting in September of each year or within 10 days
thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which
it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities
of the municipality. The ordinance shall specify the function and subfunction as prescribed
by the Department of Legislative Audit for which the appropriations are made and the
amount appropriated for each function and subfunction, which amount shall be appropriated
from the proper fund. It is not necessary to appropriate revenue to be expended from an
enterprise or trust and agency fund if the fund is not supported or subsidized by revenue
derived from the annual appropriated tax levy. However, an annual budget for these funds
shall be developed and published no later than the last day of December of each year.
b. Shall adopt any other ordinances required to authorize new revenues or to amend the rates
or other features of existing taxes or other revenue sources.To implement the adopted
budget, the City Council shall adopt, prior to the beginning of the
fiscal year:
a. An appropriation ordinance making appropriations by department or major organizational
unit and authorizing an allocation for each program or activity;
b. A tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or
rates; and
c. Any other ordinances required to authorize new revenues or to amend the rates or other
features of existing taxes or other revenue sources.
Sec. 54.06. Amendments After Adoption.
a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there
are available for appropriation revenues in excess of those estimated in the budget, the City
Council by ordinance may make supplemental appropriations for the year up to the amount
of such excess.
b. Emergency Appropriations. To meet a public emergency affecting life, health, property, or
the public peace, the City Council may make emergency appropriations. Such
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appropriations may be made by emergency ordinance in accordance with the provisions of
Section 2.14 of this Charter. To the extent that there are no available unappropriated
revenues or a sufficient fund balance to meet such appropriations, the Council may by such
emergency ordinance authorize the issuance of emergency notes, which may be renewed
from time to time, but the emergency notes and renewals of any fiscal year shall be paid not
later than the last day of the fiscal year next succeeding that in which the emergency
appropriation was made.
c. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the
City Manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the City Manager, shall report
to the City Council without delay, indicating the estimated amount of the deficit, any
remedial action taken by the Council and recommendationsany remedial action taken by the
City Manager, and recommendations as to any other steps to be taken. The City Council
shall then take such further action as it deems necessary to prevent or reduce any deficit and
for that purpose it may by ordinance reduce one or more appropriations.
d. Transfer of Appropriations. At any time during the fiscal year the City Council may by
resolution transfer part or all of the unencumbered appropriation balance from one
department or major organizational unit to the appropriation for other departments or major
organizational units. The City Manager may transfer part or all of any unencumbered
appropriation balances among programs within a department or organizational unit and shall
report such transfers to the City Council in writing prior to the next Council meeting.
e. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred,
and no appropriation may be reduced below any amount required by law to be appropriated
or by more than the amount required by law to be appropriated, or by more than the amount
of the unencumbered balance thereof. The emergency appropriations and reduction or
transfer of appropriations authorized by this section may be made effective immediately
upon adoption.
Sec. 54.07. Lapse of AppropriationsAdministration and Fiduciary Oversight of the Budget.
Every appropriation shall lapse at the close of the fiscal year to the extent that it has not
been expended or encumbered.The City Council shall provide by ordinance or resolution the
procedures for administration and fiduciary oversight of the budget.
Sec. 54.08. Administration of Budget.
The City Council shall provide by ordinance or resolution the procedures for administering
the budget.
Sec. 4.09. Overspending of Appropriations Prohibited.
No payment shall be made or obligation incurred against any allotment or appropriation
except in accordance with appropriations duly made and unless the City Manager or the City
Manager's designee first certifies that there is a sufficient unencumbered balance in such
allotment or appropriation and that sufficient funds therefrom are or will be available to cover
the claim or meet the obligation when it becomes due and payable. Any authorization of payment
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or incurring of obligation in violation of the provisions of this Charter shall be void and any
payments made illegal. A violation of this provision shall be cause for removal of any employee
or officer who knowingly authorized or made such payment or incurred such obligation. Such
employee or officer may also be liable to the City for any amount so paid. Except where
prohibited by law, however, nothing in this Charter shall be construed to prevent the making of
improvements to be financed wholly or partly by the issuance of bonds or to prevent the making
of any contract or lease providing for payments beyond the end of the fiscal year, but only if
such action is made or approved by ordinance.
Sec. 5.094.10. Public Records.
Copies of the budget, and appropriation and revenue ordinances shall be public records and
shall be made available to the public at suitable places in the City.Copies of the budget, capital
improvement plan, independent audits, and appropriation and revenue ordinances shall be public
records and shall be made available to the public at suitable places in the City, including the
City’s official web site.
ARTICLE VI. ELECTIONS
Sec. 65.01. City Elections.
a. Regular Elections. The regular city election shall be held at the time established by state law
or as established by ordinance of the City Council.
b. Registered Voter Defined. All citizens legally registered under the Constitution and laws of
the State of South Dakota to vote in the City shall be registered voters of the City within the
meaning of this Charter.
c. Conduct of Elections. The provisions of the general election laws of the State of South
Dakota shall apply to elections held under this Charter or as set forth in any ordinance
adopted by the City Council. All elections provided for by this Charter shall be conducted
by the election authorities established by law. Candidates shall run for office without party
designation. For the conduct of City elections, for the prevention of fraud in such elections
and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt
ordinances consistent with law and this Charter, and the election authorities may adopt
further regulations consistent with law and this Charter and the ordinances of the Council.
Such ordinances and regulations pertaining to elections shall be publicized and published in
the manner provided for publication of City ordinances generally.
Sec. 65.02. Initiative and Referendum.
The powers of initiative and referendum are hereby reserved to the electors of the City. The
provisions of the election law of the State of South Dakota, as they currently exist or may
hereafter be amended or superseded, shall govern the exercise of the powers of initiative and
referendum under this Charter.
PART I - CHARTER
ARTICLE VI. BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL
Brookings, South Dakota, Code of Ordinances Created: 2024-07-17 14:48:21 [EST]
(Supp. No. 17)
Page 15 of 19
ARTICLE VII. BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS
MUNICIPAL HOSPITAL
Sec. 76.01. [Management and Control.]
a. Management and Control of Brookings Municipal Utilities. The management and control of
the Brookings Municipal Utilities is vested in the Utility Board as established by a vote of
the Brookings city voters on April 14, 1970. The Utility Board may take any and all action
it deems advisable in the furtherance of any utilities or enterprises now existing or hereafter
acquired under its control, including the borrowing of money, issuance of bonds and other
forms of indebtedness.
b. Management and Control of Brookings Municipal Hospital. The management and control
of the Brookings Municipal Hospital is vested in a Hospital Board as established by Chapter
42 of the Code of Ordinances of the City of Brookings. The Hospital Board may take any
and all action it deems advisable in the furtherance of the hospital or its related facilities
under its control, including the borrowing of money, issuance of bonds and other forms of
indebtedness.
ARTICLE VIII. GENERAL PROVISIONS
Sec. 78.01. Conflicts of Interest; Board of Ethics.
a. Conflicts of Interest. The use of public office for private gain is prohibited. The City
Council shall implement this prohibition by ordinance. Regulations to this end shall include,
but not be limited to: acting in an official capacity on matters in which the official has a
private financial interest clearly separate from that of the general public; the acceptance of
gifts and other things of value; acting in a private capacity on matters dealt with as a public
official, the use of confidential information; and appearances by city officials before other
city agencies on behalf of private interests. The appearance of impropriety shall be avoided.
Municipal officials shall be, at a minimum, restricted from conflicts of interest to the same
extent that state public officials are bound by state law; provided however, that the City
Council may adopt an ordinance setting a stricter standard.
Sec. 87.02. Prohibitions.
a. Activities Prohibited.
1. No person shall be employed, appointed to or removed from, or in any way favored or
discriminated against with respect to any city position or appointive city administrative
office because of race, gender, sex and gender identity, sexual orientation, age,
disabilityhandicap, religion, country of origin, or political affiliation.
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2. No person shall willfully make any false statement, certificate, mark, rating, or report
in regard to any test, certification, or appointment under the provisions of this Charter
or the rules and regulations made thereunder, or in any manner commit or attempt to
commit any fraud preventing the impartial execution of such provisions, rules and
regulations.
3. No person who seeks appointment or promotion with respect to any city position or
appointive city administrative office shall directly or indirectly give, render, or pay any
money, service, or other valuable thing to any person for or in connection with any
test, appointment, proposed appointment or proposed promotion.
4. No person shall knowingly or willfully solicit or assist in soliciting any assessment,
subscription, or contribution for any political party or political purpose to be used in
conjunction with any city election from any city employee.
5. No city employee shall, directly or indirectly, contribute money or anything of value to
or render service in behalf of the candidacy of any candidate for nomination or election
to any City office. The expression of private or personal views concerning candidates
for political office is not prohibited by this provisionhereby. Violation of this section
shall be grounds for discharge or other disciplinary action.
b. Penalties. Any violation of this section shall be sufficient cause for the suspension,
demotion, or termination of the employment of any City employee found to be in violation
of this section. The City Council shall establish by ordinance such further penalties as it
may deem appropriate.
(Ord. No. 17-06, § I, 5-23-2006)
ARTICLE VIIIX. CHARTER AMENDMENT
Sec. 98.01. Proposal of Amendment.
Amendments to this Charter may be framed and proposed:
a. In the manner provided by law, by initiative or referendum, or
b. By ordinance of the City Council containing the full text of the proposed amendment
(except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot be so amended) and
effective upon adoption, or
c. By report of a charter commission created by ordinance, or
d. By the voters of the city, when any 15 qualified voters initiate proceedings to amend
the Charter by filing with the City Clerk an affidavit stating they will constitute the
petitioners' committee and be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the address to which all
notices to the committee are to be sent, and setting out in full the proposed charter
amendment. Promptly after the affidavit of the petitioners' committee is filed, the Clerk
shall issue the appropriate petition blanks to the petitioners' committee. The petitions
shall contain or have attached thereto throughout their circulation the full text of the
Created: 2024-07-17 14:48:22 [EST]
(Supp. No. 17)
Page 17 of 19
proposed charter amendment and must be signed by registered voters of the City in the
number of at least ten percent of those individuals actually voting in the City in the
preceding gubernatorial election.
Sec. 98.02. Election.
Upon delivery to other City election authorities of the report of a charter commission
pursuant to Section 8.01(c) or delivery by the City Clerk of an adopted ordinance proposing an
amendment pursuant to Section 8.01(b) or a petition finally determined sufficient to propose an
amendment pursuant to Section 8.01(d), the election authorities shall submit the proposed
amendment to the voters of the City in an election. Such election shall be announced by a notice
containing the complete text of the proposed amendment and published in the news mediaone or
more newspapers of general circulation in the City at least 30 days prior to the date of the
election. If the amendment is proposed by petition, the amendment may be withdrawn at any
time prior to the 13th day preceding the day scheduled for the election by filing with the City
Clerk a request for withdrawal signed by at least two-thirds of the members of the petitioners'
committee. The election shall be held not less than 60 days and not more than 120 days after the
adoption of the ordinance or report, or the final determination of sufficiency of the petition
proposing the amendment. If no regular election is to be held within that period, the City Council
shall provide for a special election on the proposed amendment; otherwise, the holding of a
special election shall be as specified in the Sstate election law.
Sec. 98.03. Adoption of Amendment.
If a majority of the registered voters of the City voting upon a proposed charter amendment
vote in favor of it, the amendment shall become effective at the time providedfixed in the
amendment, or if no time is provided therein fixed, 30 days after the initial canvas certifying its
adoption by the voters.
ARTICLE IX. TRANSITION/SEPARABILITY SEVERABILITY PROVISION
Sec. 109.01. Officers and Employees.
a. Rights and Privileges Preserved. Nothing in this Charter, except as otherwise specifically
provided, shall affect or impair the rights or privileges of persons who are city officers or
employees at the time of its adoption.
b. Continuance of Office or Employment. Except as specifically provided by this Charter, if at
the time this Charter or any amendment thereof takes full effect, a City administrative
officer or employee holds any office or position which is or can be abolished by or under
this Ccharter, theyhe or she shall continue in such office or position until the effective
datetaking effect of some a specific provision under this Charter directing that theyhe or she
vacate the office or position.
c. Personnel System. An employee holding a city position at the time this Charter takes full
effect, who was serving in that same or a comparable position at the time of its adoption,
Page 18 of 19
shall not be subject to competitive tests as a condition of continuance in the same position
but in all other respects shall be subject to the personnel system provided for in Article III.
Sec. 109.02. Departments, Offices and Agencies.
a. Transfer of Powers. If a City department, office or agency is abolished by this Charter, the
powers and duties given it by law shall be transferred to the City department, office or
agency designated in this Ccharter or, if thisthe cCharter makes no provision, as designated
by the City Council.
b. Property and Records. All property, records and equipment of any department, office or
agency existing when this Charter or any amendment thereof is adopted shall be transferred
to the department, office or agency assuming its powers and duties, but, in the event that the
powers or duties are to be discontinued or divided between units or in the event that any
conflict arises regarding a transfer, such property, records or equipment shall be transferred
to one or more departments, offices or agencies as designated by the City Council in
accordance with this Charter.
Sec. 109.03. Pending Matters.
All rights, claims, actions, orders, contracts and legal administrative proceedings shall
continue except as modified pursuant to the provisions of this Charter and in each case shall be
maintained, conductedcarried on or addresseddealt with by the City department, office or
agency appropriate under this Charter.
Sec. 910.04. State and Municipal Laws.
a. In General. All City ordinances, resolutions, orders and regulations which are in force
when this amended
Charter becomes effective shall continue, except any ordinance is repealed to the extent it is
inconsistent with this Charter or of ordinances or resolutions adopted pursuant thereto. To the
extent that the Constitution and laws of the State of South Dakota permit, all laws relating to or
affecting this City or its agencies, officers or employees which are in force when this Charter
becomes fully effective are superseded to the extent that they are inconsistent or interfere with
the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.
Sec. 9.05. Schedule.
a. Transition and Election Schedule. Three (3) members of the City Council and the Mayor
shall be elected at the regular city election in 2003, with two (2) members of the City
Council elected to serve until the regular city election in 2004, after which the three (3) year
terms of their successors shall begin, and one (1) member and the Mayor elected to serve
until the regular city election in 2006 after which the three (3) year terms of their successors
shall begin.
Three (3) members of the City Council shall be elected at the regular city election in 2005,
with one (1) member of the City Council elected to serve until the regular city election in 2006,
after which the three (3) year term of their successor shall begin, and two (2) members elected to
Formatted: Font: (Default) Times New Roman, 12 pt
Page 19 of 19
serve until the regular city election in 2008 after which the three (3) year terms of their
successors shall begin.
At the regular city election in 2006 and thereafter vacancies shall be filled for three year
terms with regular city elections being held annually.
b. Temporary Ordinances. In adopting ordinances as provided in Section 9.05(c), the City
Council shall follow the procedures prescribed in Article II, except that at its first meeting
or any meeting held within 60 days after the first City Council meeting of this Charter, the
Council may adopt temporary ordinances to deal with cases in which there is an urgent need
for prompt action in connection with the transition of government and in which the delay
incident to the appropriate ordinance procedure would probably cause serious hardship or
impairment of effective city government. Every temporary ordinance shall be plainly
labeled as such but shall be introduced in the form and manner prescribed for other adopted
ordinances. A temporary ordinance shall become effective upon adoption or at such later
time preceding automatic repeal under this subsection as it may specify, and the referendum
power shall not extend to any such ordinance. Every temporary ordinance, including any
amendments made thereto after adoption, shall automatically stand repealed as of the 91st
day following the date on which it was adopted, renewed or otherwise continued except by
adoption in the manner prescribed in Article II of this Charter for ordinances of the kind
concerned.
c. Initial Expenses. The initial expenses of the City Council, including the expense of
recruiting a City Manager, shall be paid by the City on warrants signed by the Mayor and
Clerk.
Sec.10.0 9.056. SeparabilitySE Severability.
If any provision of this Charter is held invalid, the other provisions of the Charter shall not
be affected thereby. If the application of thisthe Charter or any of its provisions to any person or
circumstance is held invalid, the application of thisthe Charter and its provisions to other persons
or circumstances shall not be affected thereby.
City of Brookings
City Charter Commission
Update
City Council Work Session
November 19, 2024
Report on Commission Recommendations
City Charter
Commission
Members
•David Gilbertson, Chair*
•Dr. Lisa Hager, Vice Chair*
•Bob Burns
•Keith Corbett
•Van Fishback
•Jeanne Manzer
•Dianne Nagy
•Ashley Ragsdale
•Gail Robertson
•Roger Solum
•Tom Yseth
*Chair and Vice Chair nominated and elected by their fellow
City Charter Commissioners
City Charter
Commission
Process
•June 2024: Council Interviews
•City Charter Commission appointed
•Research into City Charters of cities of similar size conducted
•July 11, 2024: City Charter Commission work commences
•Charter Commission meets July –October 2024
•Review included requests from City Council and staff
•Review also included requests from community via council and
staff
•Changes identified and recommendations on language
made/approved by Commission
•Changes incorporated with assistance of City Attorney
•“Final” updates reviewed and approved by Commission
•Charter Commission completes recommended revisions October 28
•Presentation to City Council November 19
Updates/Revisions
•Outcome of the Review Process: More of
an update/cleanup than adding entirely
new Articles or Sections
•Updates/Changes were made for the
following reasons:
•Added more clarity (e.g., roles,
responsibilities, processes)
•Some language added to reflect values
of community with their city
government (e.g., inclusive
community participation)
•Transition language was removed –no
longer relevant
•Some outdated language was updated
(e.g., “handicap” to “disabled”)
•New language was added to reflect
current and best practices
Next Steps
Going
Forward
•November 2024: Work session with City Council
•December 2024: Planning for the outreach effort to commence in
January 2025 through April 8, 2025
o Inform of the City Charter updates
▪The City Charter is Brookings Constitution –it is what impacts
residents the most with their city government is the City Charter
▪Include benefits of an updated Charter
•January -April 2025:Commence Community Outreach
o Web Page: http://www.cityofbrookings-
sd.gov/CharterReviewCommission
o Identify and invite community leaders to a breakfast/lunch to inform
o Presentations to community organizations and groups
o Press Releases
o Social Media; Create QR code
o Graphics on posters/place in areas people gather like libraries
o Media coverage, Government channel, interviews with Commission
Chairs
o Additional Public forums
•Community members feel free to reach out to
City Charter Commission members with any
questions
•Thanks for the hard work of the Brookings City
Charter Commission and
•The Brookings City Council and City Staff
Questions and Discussion
Summary of
Recommended
Changes
1.Preamble Addition: Emphasized inclusive community
participation in governance.
2.Article I -Powers of the City:
o Updated intergovernmental relations section.
o Removed limitations section.
3.Article II -City Council:
o Removed salary mention in compensation section.
o Adjusted the Clerk and City Attorney appointment process
to involve recommendation by the City Manager and
confirmation by the Council.
o Required investigations to be conducted by a third party.
o Added regular City Charter reviews every 10 years unless
needed sooner.
Summary of
Recommended
Changes -2
4.Article IIA (renumbered as Article III) -City Manager:
o Added a residency requirement for the City Manager
with a transition period.
o Permitted resignation as a removal option.
o Extended review intervals for City Manager's duties
from five to ten years.
o Updated responsibilities related to financial and
council reporting.
o Introduced new duties to promote partnerships and
support long-term goals.
5.Article IV -Departments, Offices, and Agencies:
o Changed in the appointment process for the City
Attorney with specific licensing requirements.
6.Article V -Financial Procedures:
Summary of
Recommended
Changes -3
6.Article V -Financial Procedures:
o Modified budget submission and content requirements
to reflect actual practice.
o Added provisions for public hearings and amendments
before budget adoption.
o Defined "publish" to include contemporary media.
o Updated appropriations and revenue ordinance details.
7.Article VIII -General Provisions:
o Changed “hired” to "employed" in anti-discrimination
language, changed "handicap" to "disability," and
included "sex and gender identity" as protected
categories.
8.Articles IX & X -Charter Amendment and Transition:
o Adjusted language for proposing amendments and
replace "newspapers" with "news media" for
notifications.
o Removed outdated sections.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0541,Version:1
Presentation: Proposed Downtown Incentives
Summary and Recommended Action:
As part of a larger downtown revitalization initiative and one of the identified goals on the Downtown
Brookings Master Plan, the City of Brookings plans to offer a variety of incentive options for
downtown business and property owners beginning January 2025. These incentives include the
Downtown Brookings Façade Grant, Downtown Revitalization Incentive Program (DRIP), and the
Lights, Camera, Action Grant.
Attachments:
Memo
Downtown Brookings Façade Grant
Downtown Revitalization Incentive Program
Lights, Camera, Action Grant
Presentation
City of Brookings Printed on 11/14/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Samantha Beckman, Assistant to the City Manager
Council Meeting: November 19, 2024
Subject: 2025 Proposed Downtown Incentives
Presenter: Samantha Beckman, Assistant to the City Manager
Summary and Recommended Action:
As part of a larger downtown revitalization initiative and one of the identified goals within
the Downtown Brookings Master Plan, the City of Brookings plans to offer a variety of
incentive options for downtown business and property owners beginning January 2025.
These incentives include the Downtown Brookings Façade Grant, Downtown
Revitalization Incentive Program (DRIP), and the Lights, Camera, Action Grant. Funding
for the program was part of the 2025 budget and utilizes reserve funding dedicated for
economic infrastructure improvements.
Item Details:
The development and adoption of the Down town Brookings Master Plan have laid the
foundation for ongoing investment in Brookings' historic downtown. To address
stakeholder and public feedback, which was gathered during the creation of the master
plan, the City plans to offer three key incentive programs aimed at addressing priority
needs in building preservation, safety, and interior revitalization of downtown properties.
These incentives - the Façade Grant, Downtown Revitalization Incentive Program
(DRIP), and the Lights, Camera, Action Grant - represent a proactive approach to
preserving downtown’s architectural character, improving safety, and creating a vibrant
business environment.
These programs were developed in response to challenges identified in the master
plan, including aging building facades, enhancement of public safety infrastructure, and
the need for functional upgrades to interior spaces.
Program Overviews and Differences
1. Downtown Brookings Façade Grant
This grant focuses on enhancing the architectural and visual appeal of storefront
and alley-facing facades within Brookings’ designated downtown area. The
Façade Grant provides matching funds of up to 50%, with a maximum award of
$25,000 per project, targeting projects with minimum total costs of $35,000. The
program emphasizes historically accurate repairs and updates to building
exteriors, encouraging improvements like brick restoration, awning upgrades,
and door and window enhancements.
2. Downtown Revitalization Incentive Program (DRIP)
DRIP is designed to support substantial interior renovations in downtown
buildings, including life-safety upgrades, ADA improvements, and functional
enhancements that increase usability and appeal for businesses, residents, and
visitors. This program offers a proposed funding structure which combines the
use of grants, low-interest loans, and owner equity, with up to a 33.33% grant
match for interior projects costing $75,000 or more. Property owners are
encouraged to match the grant amount with their own capital or financing from
local economic development sources.
3. Lights, Camera, Action Grant
This program aims to enhance public safety and walkability by funding
improvements related to lighting, security cameras, and other placemaking
initiatives, which enhance the perception of safety and pedestrian accessibility in
the downtown area. Offering up to a 50% match with a maximum grant of
$2,000, the Lights, Camera, Action Grant assists small-scale, impactful projects
such as installing lighting and surveillance equipment accessible to local law
enforcement. Downtown Brookings has agreed to administer this program based
on the City’s provided guidelines.
The Downtown Brookings Façade Grant, Downtown Revitalization Incentive Program,
and Lights, Camera, Action Grant work collectively to address the distinct needs
identified in the Downtown Brookings Master Plan. These programs provide targeted
incentives for property owners to engage in upgrades that preserve Brookings’ historic
downtown charm, foster economic growth, and create a safer, more engaging
environment for residents and visitors. Each program’s unique focus supports different
aspects of downtown revitalization, creating a comprehensive approach to meet
Brookings’ development and community goals.
Legal Consideration:
City Attorney has reviewed the service contract with Downtown Brookings.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
The 2025 Budget earmarks $320,000 from Economic Development Reserves for the
three programs. A total of $100,000 will be allocated toward the Downtown Brookings
Façade Grant, $200,000 toward the Downtown Interior Revitalization Program, and
$20,000 will be allocated to Downtown Brookings for the administration of the Lights,
Camera, Action Grant.
Supporting Documentation:
Downtown Brookings Façade Grant
Downtown Revitalization Incentive Program
Lights, Camera, Action Grant
Presentation
Downtown Brookings Façade Grant
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
1
Purpose:
The City of Brookings is dedicated to preserving, protecting and enhancing the Downtown Brookings
community. The Downtown Brookings Façade Grant program was created to encourage and assist
investment into downtown storefront and alley façades by making improvements for the purpose of
preserving the architectural character that is unique to Brookings.
Program Overview:
The Downtown Brookings Façade Grant aims to stimulate private investment in Downtown Brookings by
providing matching grant funds for façade improvements to street and alley-facing façades (where it is
the primary entrance to a business). Eligible projects will be considered for up to a 50% match, meaning
the fund may match dollar-for-dollar up to the maximum grant amount of $25,000 or until available
dollars are committed. Total project costs before the grant is applied must be $35,000 minimum.
For example: A $35,000 total project cost could be grant funded by up to $17,500. A $60,000 total
project cost could be grant funded up to the maximum amount of $25,000.
Eligibility:
1. Property Location: Only buildings located in the Downtown (B-1) Commercial District of
Brookings are eligible to apply for funds. Preference will be given to Main Avenue-facing
storefronts, but all are encouraged to apply.
2. Ownership: Applicants must have ownership interest in the property. Business owners who wish
to apply must provide the City with written approval from the property owner to qualify.
Property owners may need to sign additional documents after the application is submitted.
3. Frequency: A property improved under this program is not eligible for additional façade funding
unless the property has more than one façade facing a public right-of-way. Applications cannot
be submitted for a façade already improved by this program.
a. Exception/Example: A property may receive funding for a street-facing façade one year,
and apply for funding for an alley-facing façade another year; however, funding will not
be considered more than once through this program for each façade.
4. Compliance: All proposed improvements must comply with Brookings zoning regulations,
building codes, and the “Downtown Brookings Design & Maintenance Guidelines”, and the
Historic Preservation process, when applicable.
5. Historic Preservation Considerations:
a. Those buildings which are designated as historic, as determined by consultation with the
City of Brookings Community Development Department, may need to complete an
additional 11.1 Review application.
b. Successful applicants must preserve and repair original historic materials when required
for historic deemed projects.
c. All proposed rehabilitation and/or preservation work and improvements must be
submitted to and approved in advance by the City of Brookings and be conducted in
accordance with local design guidelines and the Secretary of the Interior’s Standards, if
the building is designated on the National Register of Historic Places.
Downtown Brookings Façade Grant
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
2
Eligible Improvements:
Proceeds from the program may be used for any of the following purposes, but are not necessarily
limited to:
1. Exterior Improvements
a. Façade painting (excluding painting of previously unpainted soft or unfired brick
façades)
b. Exterior wall restoration including the repointing/tuck-pointing of brick façades
c. Repair, replacement, or preservation of significant façade details
d. Repair, addition, or replacement of cornices consistent with the aesthetics of the
downtown area
e. Repair, addition, or replace windows and/or window treatments
f. Repair, addition, or replace doors
g. Repair, addition, or replacement of awnings consistent with the aesthetics of the
downtown area
2. Historic Preservation
a. Addition of architectural details or façade elements consistent with the aesthetics of the
downtown area
b. Removal of false fronts, panels, and other incompatible exterior finishes and materials
3. Accessibility Improvements:
a. Building accessibility and public access improvements such as adding ramps
Ineligible Improvements:
1. General Maintenance: Grants typically do not cover routine maintenance tasks like regular
cleaning, repainting, or minor repairs that are considered part of the property owner’s ongoing
maintenance responsibilities.
2. Interior Renovations: No portion of the funds may be utilized for interior improvements of the
building, unless otherwise specified by the City of Brookings.
3. New Construction: New construction, major expansions, and demolition of existing façades are
ineligible.
4. Non-Compliance: Improvements that do not comply with local zoning or historic preservation
guidelines, building codes, or which do not adhere to the “Downtown Brookings Design &
Maintenance Guidelines” may be ineligible for funding.
5. Temporary Installations: Grants may not cover temporary installations or improvements with a
short-term impact, such as seasonal decorations or banners.
6. Services: Labor done by the business or property owner, architectural and engineering design
services, building permits & fees are all non-reimbursable expenses.
Downtown Brookings Façade Grant
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
3
Application Process:
Application Locations:
Applications can be obtained from the City Manager’s Office
(520 3rd Street, Suite 230, Brookings, SD 57006) or on the City’s website.
1. Pre-Application Consultation: Applicants are strongly encouraged to seek consultation with City
staff to discuss project feasibility, eligibility, and appropriate application materials.
2. Submit Application: Applicants must submit a completed application along with all required
information and documents:
a. Current digital photos of all building façades visible from the public right-of-way which
will receive improvements
b. Project plan which includes a schematic drawing with enough detail to depict the
proposed improvements and a narrative outlining all of the proposed improvements
c. Cost estimates, including signed bids from two (2) licensed contractors with detailed
costs for each improvement. If two bids cannot be obtained, please state why in the
application.
d. Due Date for Applications: March 1, 2025; a second round may be available in fall of
2025, pending available funds.
3. Review and Approval: A review committee will evaluate each proposal. Based on funding
availability and selection criteria, successful applicants will be notified. Should funding not be
available at the time, applicants will be notified, placed on a waiting list, and contacted when
additional funding is next available.
4. Grant Award: Approved applicants will receive a Conditional Grant Award Letter specifying the
grant amount and any additional considerations.
5. Project Forms: Before any work may commence, the applicant will need to submit any required
permits or approvals. Without these forms, the applicant will not be eligible for reimbursement.
See City staff for these forms.
6. Reimbursement: The applicant must submit a copy of paid invoices or receipts they wish to be
reimbursed for. The City will disburse grant funds to the applicant following a final inspection to
verify that the work is consistent with the approved grant application and plan. Reimbursements
will not exceed the amount on the conditional award letter. Approved grant funds are available
to the applicant for one (1) year from the date of the Conditional Grant Award Letter.
Reimbursement checks will be issued within 60 days and will be made payable directly to the
applicant.
7. Additional Considerations: No portion of the funds may be utilized for work completed prior to
the receipt of the conditional grant award letter. Work shall commence within 90 days after
receiving the conditional grant award letter and must be completed within 180 days. Extensions
may be granted at the discretion of City Staff, however it is up to the applicant to contact the
City if an extension may be requested. The City may conduct periodic inspections to ensure
compliance with the approved plans. The City reserves the right to reject, or not fund any
application.
Downtown Brookings Façade Grant
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
4
Selection Criteria:
The level of City funding, if any, is at the discretion of the review committee but should be consistent
with how each project or proposal meets or exceeds the criteria listed below. Not all criteria apply to
every project or proposal.
1. Project eligibility/feasibility
2. Potential economic impact
3. Quality of materials
4. Design
5. Adherence to historic preservation design guidelines
Questions?
Please contact Samantha Beckman, Assistant to the City Manager
sbeckman@cityofbrookings-sd.gov or 605-697-8692
Downtown Revitalization Incentive Program (DRIP)
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
1
Purpose:
Enhancing the interior spaces of buildings in Downtown Brookings is essential for revitalizing local
facilities, developing additional housing options, improving life-safety, and renewing downtown
properties. The Downtown Revitalization Incentive Program (DRIP) aims at encouraging property owners
to invest in the rehabilitation and renovation of interior spaces, leading to increased property values, job
creation, and a vibrant downtown community. The intent is to provide assistance in the form of a
matching grant/loan combination program to improve the condition of downtown buildings.
Program Overview:
The DRIP is intended to provide a comprehensive financial package to property owners who undertake
interior rehabilitation projects within the designated B-1 Commercial District. The program offers a mix
of grant funds, low-interest loans, and owner equity contributions to support eligible commercial
projects.
Proposed Funding Structure:
The structure of the funding shall be: 33.33% Grant*
33.33% Loan**
33.33% Owner Equity ***
*The City may reimburse at a 1:1:1 rate or 33.33% grant match up to $25,000.
**It is recommended to contact the Brookings Economic Development Corporation for alternative loan
options. Loans may also be serviced by private lenders.
*** Applicants may choose to assume the remaining 66.66%, in its entirety, in the form of a loan or in
the form of owner equity.
For example: A $75,000 total project cost could be eligible for up to $25,000 in grants, but must have at
least $25,000 in either loans or $50,000 in owner equity. A $100,000 total project cost could be eligible
for up to $25,000 in grants, but must have at least $33,333 in loans or $75,000 in owner equity.
Eligibility:
1. Location: Properties must be located within the Downtown Central Business District (B-1) in
Brookings to be deemed eligible. Preference may be given to Main Avenue facing businesses;
however, all are encouraged to apply.
2. Ownership: Property owners or an authorized representative may apply for funding. Tenants
interested in rehabilitation must obtain written consent from the property owner. Additional
property owner consent may be requested by the City after the application process.
3. Project Scope: Projects may include, but are not limited to: interior renovations, improvements,
and upgrades that enhance functionality, safety, and aesthetics.
4. Project Cost: The total project cost shall be a minimum of $75,000 in improvements to the
building before grants/loans are applied.
Downtown Revitalization Incentive Program (DRIP)
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
2
5. Compliance: All proposed improvements must be done in compliance with local building codes,
fire regulations, and zoning requirements. Each project must also comply with the “Downtown
Brookings Design & Maintenance Guidelines”.
6. Funding Eligibility: Eligibility for the grant/loan shall be based upon financial strength and ability
of the applicant to repay the loan. Requests will be evaluated on a case-by-case basis. Only one
DRIP project shall be outstanding per business or property owner. This program is subject to
availability of funds and administrative approval. The City of Brookings reserves the rights to
deny applicants whose projects are considered ineligible.
Eligible Costs:
1. Interior Renovations: Costs associated with interior renovations, improvements, and upgrades
that enhance functionality, safety, and aesthetics. This includes, but is not limited to:
a. Electrical and plumbing upgrades
b. Interior waterproofing
c. Installation of new permanent fixtures, finishes, and flooring
d. Accessibility enhancements to comply with ADA requirements
2. Materials and Labor: Expenses related to the purchase of materials and hiring of labor
necessary to complete the approved interior renovation and energy efficiency projects.
Ineligible Costs:
1. Exterior Improvements: Costs associated with exterior renovations, improvements, or
maintenance are generally ineligible for reimbursement under this program. This includes
façade enhancements, landscaping, signage, and other exterior upgrades.
2. Routine Maintenance: Expenses related to routine maintenance tasks, such as regular cleaning,
painting, or minor repairs that are part of the property owner’s ongoing maintenance
responsibilities are ineligible for reimbursement.
3. New Buildings: Costs may not be associated with new buildings, only the improvements made
to existing structures.
4. Permit Fees: Costs associated with obtaining permits, inspections, and approvals required for
the interior rehabilitation and energy upgrades.
5. Professional Services: Fees for architects, engineers, consultants, and other professionals
directly involved in the planning and design of the interior rehabilitation. This cost may be
counted toward the Owner Equity portion of the program.
6. Personal Expenses: Any personal expenses unrelated to the approved interior rehabilitation,
such as personal belongings or furnishings are not eligible for reimbursement. Personal labor
costs, or sweat equity, are also not eligible.
7. Excess Costs: expenses exceeding the approved budget or project scope are ineligible for
reimbursement unless prior approval is obtained from the City of Brookings.
8. Non-Compliant Improvements: Any improvements made that do not comply with local building
codes, fire regulations, zoning requirements, or historic preservation standards are ineligible.
Downtown Revitalization Incentive Program (DRIP)
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
3
Application Process:
Application Locations:
Applications can be obtained from the City Manager’s Office
(520 3rd Street, Suite 230, Brookings, SD 57006) or on the City’s website.
1. Pre-Application Consultation: Applicants are strongly encouraged to consult with City staff to
discuss project feasibility, eligibility, and potential energy efficiency upgrades.
2. Submit Application: Applicants must submit a completed application form along with all
required information and documentation:
a. Current digital photos of all building facades visible from the public right-of-way which
will receive improvements
b. Project plan which includes a schematic drawing with enough detail to depict the
proposed improvements and a narrative outlining all of the proposed improvements
c. Cost estimates, including signed bids from two (2) licensed contractors with detailed
costs for each improvement. If two bids cannot be obtained, please state why in
application.
d. Due Date for Applications: March 1, 2025; a second round may be available in fall of
2025, pending available funds.
3. Review and Approval: A review committee will evaluate each proposal. Based on funding
availability and selection criteria, successful applicants will be notified. Should funding not be
available at the time, applicants will be notified, placed on a waiting list, and contacted when
additional funding next is available.
4. Grant Award: Approved applicants will receive a conditional grant award letter specifying the
grant amount and any additional terms or considerations.
5. Project Forms: Before any work may commence, the applicant will need to submit any required
permits or approvals. Without these forms, the applicant will not be eligible for reimbursement.
See City staff for these forms.
6. Reimbursement: The applicant must submit a copy of paid invoices or credit card receipts they
wish to be reimbursed for. The City will disburse grant funds to the applicant following a final
inspection to verify that the work is consistent with the approved grant application and plan.
Reimbursements will not exceed the amount on the conditional award letter. Approved grant
funds are available to the applicant for one (1) year from the date of the Conditional Grant
Award Letter. Reimbursement checks will be issued within 60 days and will be made payable
directly to the applicant.
7. Additional Considerations: No portion of the funds may be utilized for work completed prior to
the receipt of the conditional grant award letter. Work shall commence within 120 days after
receiving the conditional grant award letter and must be completed within 1 year. Extensions
may be granted at the discretion of City Staff, however it is up to the applicant to contact the
City if an extension may be requested. The City may conduct periodic inspections to ensure
compliance with the approved plans. The City reserves the right to reject, or not fund any
application.
Downtown Revitalization Incentive Program (DRIP)
Downtown Brookings, SD
City of Brookings, SD ● 520, 3rd Street, Suite 230, Brookings, SD 57005 ● 605-692-6281
4
Selection Criteria:
The level of City funding, if any, is at the discretion of the review committee but should be consistent
with how each project or proposal meets or exceeds the criteria listed below. Not all criteria apply to
every project or proposal.
1. Project eligibility/feasibility
2. Potential economic impact
3. Quality of materials
4. Design
5. Adherence to historic preservation design guidelines
Questions?
Please contact Samantha Beckman, Assistant to the City Manager
sbeckman@cityofbrookings-sd.gov or 605-697-8692
For loan information contact Brookings Economic Development Corporation
bedc@brookingsedc.com or 605-697-8103
Lights, Camera, Action Grant
Downtown Brookings, SD
1
Purpose:
The City of Brookings and Downtown Brookings are dedicated to protecting the safety of the Downtown
Brookings community and businesses. The Lights, Camera, Action Grant program was created to
encourage and assist investment into downtown storefront lighting, cameras, and safety action items to
encourage better security and walkability in the district.
Program Overview:
The Lights, Camera, Action Grant aims to invest in Downtown Brookings by providing matching grant
funds for improved lighting, increased cameras, and placemaking action items to street and alley-facing
façades/entrances. Eligible projects will be considered for up to a 50% match, meaning the fund may
match dollar-for-dollar up to the maximum grant amount of $2,000 or until available dollars are
committed.
For example: A $500 total project cost could be eligible for a $250 matching grant. A $5,000 total project
cost could be eligible for the maximum $2,000 matching grant.
Eligibility:
1. Property Location: Only buildings located in the Downtown (B-1) Commercial District of
Brookings are eligible to apply for funds. Preference will be given to Main Avenue-facing
storefronts, but all are encouraged to apply.
2. Ownership: Applicants must have ownership interest in the property. Business owners who wish
to apply must provide written approval from the property owner to qualify. Property owners
may need to sign additional documents after the application is submitted.
3. Frequency: A property improved under this program is not eligible for additional funding unless
the property has more than one façade/entrance facing a public right-of-way. Applications
cannot be submitted for a façade already improved by this program.
a. Exception/Example: A property may receive funding for a street-facing façade/entrance
one year, and apply for funding for an alley-facing façade/entrance another year;
however, funding will not be considered more than once through this program for each
façade/entrance.
4. Compliance: All proposed improvements must comply with Brookings zoning regulations,
building codes, and the “Downtown Brookings Design & Maintenance Guidelines”.
5. Historic Preservation Considerations:
a. All proposed rehabilitation and/or preservation work and improvements must be
submitted to and approved in advance by the City of Brookings and be conducted in
accordance with local design guidelines and the Secretary of the Interior’s Standards, if
the building is designated on the National Register of Historic Places.
Lights, Camera, Action Grant
Downtown Brookings, SD
2
Eligible Improvements:
Proceeds from the program may be used for any of the following purposes, but are not necessarily
limited to:
1. Lighting
a. Must be improving visibility, but not impacting residential units
b. Façade and/or display window lighting
c. Additional exterior lighting
2. Cameras
a. Add or replace outdoor cameras (must offer Brookings Police Department access to
exterior facing cameras)
3. Action
a. Addition of outdoor landscaping
b. Add, repair, or replace outdoor dining/seating options
c. Addition of functional art installations
Ineligible Improvements:
1. General Maintenance: Grants typically do not cover routine maintenance tasks like regular
cleaning, repainting, or minor repairs that are considered part of the property owner’s ongoing
maintenance responsibilities.
2. Non-Compliance: Improvements that do not comply with local zoning or historic preservation
guidelines, building codes, or which do not adhere to the “Downtown Brookings Design &
Maintenance Guidelines” may be ineligible for funding.
3. Services: Labor done by the business or property owner, architectural and engineering design
services, building permits & fees are all non-reimbursable expenses.
Selection Criteria:
The level of funding, if any, is at the discretion of the review committee but should be consistent with
how each project or proposal meets or exceeds the criteria listed below. Not all criteria apply to every
project or proposal.
1. Project eligibility/feasibility
2. Quality of materials
3. Design
4. Adherence to historic preservation design guidelines
5. Availability of funds
Lights, Camera, Action Grant
Downtown Brookings, SD
3
Application Process:
Application Locations:
Applications can be obtained from the Downtown Brookings Office
(414 Main Ave, Brookings, SD 57006) or on the Downtown Brookings website.
1. Pre-Application Consultation: Applicants are encouraged to seek consultation with Downtown
Brookings and City staff to discuss project feasibility, eligibility, and appropriate application
materials, if applicable.
2. Submit Application: Applicants must submit a completed application along with all required
information and documents:
a. Current digital photos of all building facades/entrances visible from the public right-of-
way which will receive improvements
b. Project plan which includes enough detail to depict the proposed improvements and a
narrative outlining all of the proposed improvements
c. Cost estimates with detailed costs for each improvement
3. Review and Approval: A review committee will evaluate each proposal. Based on funding
availability and selection criteria, successful applicants will be notified. Should funding not be
available at the time, applicants will be notified, placed on a waiting list, and contacted when
additional funding next is available.
4. Grant Award: Approved applicants will receive a Conditional Grant Award Letter specifying the
grant amount and any additional considerations.
5. Project Forms: Before any work may commence, the applicant will need to submit any required
permits or approvals. Without these forms, the applicant will not be eligible for reimbursement.
See City staff for these forms, if applicable.
6. Reimbursement: The applicant must submit a copy of paid invoices or credit card receipts they
wish to be reimbursed for. Downtown Brookings will disburse grant funds to the applicant
following a final inspection to verify that the work is consistent with the approved grant
application and plan. Reimbursements will not exceed the amount on the conditional award
letter. Approved grant funds are available to the applicant for 120 days from the date of the
Conditional Grant Award Letter. Reimbursement checks will be issued within 60 days and will be
made payable directly to the applicant.
7. Additional Considerations: No portion of the funds may be utilized for work completed prior to
the receipt of the conditional grant award letter. Work shall commence within 90 days after
receiving the conditional grant award letter and must be completed within 120 days.
Questions?
Please contact Kirsten Gjesdal, Executive Director, Downtown Brookings
director@downtownbrookings.com or 605-620-1685
Downtown Incentives
2025
Boundaries
Programs
Façade Grant Downtown Revitalization
Incentive Program (DRIP)
Lights, Camera, Action Grant
•Primary Entrance
Façade Improvements
•street vs alley-facing
•Enhancing Interior
Spaces
•In Response to Safety
Concerns
Budgeted: $100,000 Budgeted: $200,000 Budgeted: $20,000
*Administered by Downtown Brookings
Downtown Brookings Façade Grant
Applications Open January 2025
50% Match –$25,000 –Project Minimum $35,000
Review Committee →Conditional Award Letter →Project Forms →Project Work →Reimbursement
Eligible Improvements Non-Eligible Improvements
•Exterior Renovations
•i.e. windows, doors, tuck -
pointing, awnings, etc.
•Historic Preservation
Compliance
•Accessibility Improvements
•General Maintenance
•Interior Renovations
•New Construction
•Non-Compliant
•Temporary Installation
•Services
Downtown Revitalization Incentive Program
Eligible Improvements Non-Eligible Improvements
•Interior Renovations,
Improvements, and Upgrades
that Enhance Functionality,
Safety, Aesthetics
•Electric/Plumbing,
Fixtures/Finishes/Flooring,
ADA Compliance
•Materials/Labor
•Exterior Improvements
•Routine Maintenance
•New Buildings
•Permit Fees
•Professional Services
•Personal Expenses
•Excess Costs
•Non-Compliance
Applications Open January 2025
Review Committee →Conditional Award Letter →Project Forms →Project Work →Reimbursement
Proposed Funding Structure
33.33% Grant Up to $25,000
33.33% Loan
33.33% Owner Equity
Project Minimum: $75,000
Lights, Camera, Action Grant
Applications Open January 2025
50% Match –$2,000
*Downtown Brookings Administers
Review Committee →Conditional Award Letter →Project Forms →Project Work →Reimbursement
Eligible Improvements Non-Eligible Improvements
•Lights
•Cameras (BPD Access)
•Action (Placemaking)
•Outdoor landscaping,
outdoor dining, etc.
•General Maintenance
•Non-Compliant
•Services
Programs
Façade Grant Downtown Revitalization
Incentive Program (DRIP)
Lights, Camera, Action Grant
•1:1 Match or 50%
•Project minimum: $35,000
•Up to $25,000 Grant
•1:1:1 Match or 33%
•project minimum: $75,000
•33% Grant
•Up to $25,000 Grant
•33% Loan
•33% Owner Equity
•1:1 Match or 50%
•Up to $2,000 Grant
Budgeted: $100,000 Budgeted: $200,000 Budgeted: $20,000
*Administered by Downtown Brookings
Applications Open January 2025
Review Committee →Conditional Award Letter →Project Forms →Project Work →Reimbursement
Questions?
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0557,Version:1
Presentation: Edgebrook Golf Course Water Sourcing
Summary and Recommended Action:
Staff will provide updates and a status report on the Edgebrook Golf Course’s water sourcing project
to include options explored, the current option, and back up plans for the water usage.
Attachments:
Memo
Presentation
City of Brookings Printed on 11/14/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Kristin Zimmerman, Parks, Recreation & Forestry Director
Council Meeting: November 19, 2024
Subject: Presentation: Edgebrook Golf Course Water Sourcing
Update
Presenter: Kristin Zimmerman, Parks, Recreation & Forestry Director
Summary and Recommended Action:
Staff will provide updates and a status report on the Edgebrook Golf Course’s water
sourcing project to include options explored, the current option, and back up plans for
irrigation needs
Item Details:
The Parks Recreation and Forestry Department explored a variety of options and none
of the below options were found to be ideal or feasible:
Capture Runoff from the north side of the golf course
Capture runoff from the west side of the golf course
Connection and pumping from LG Everist Site
Expand the holding ponds and drain tiles through the course
Purchasing treated water directly from BMU
Additional (6) well sites we explored at Edgebrook Golf Course
The feasible options currently being explored are:
Well south of the golf course property.
Connection to the BMU Raw Water Line.
Connection to the Southbrook Softball well.
Each option have opportunities and costs associated. A finalized option will be provided
once final analysis of drilling, pump capacity and costs are calculated. This presentation
is a progress update of existing options and eliminated ideas.
Legal Consideration:
City Attorney has been involved throughout the process.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
The cost of the capital project would be determined on the option selected.
Attachments:
Presentation
Water Sourcing
Edgebrook Golf Course
Primary Goal
To establish a long-term and sustainable water source for the
Edgebrook Golf Course that will address the current and future water
needs of the course.
Options Explored
•Capture Runoff from the north side
•Capture runoff from the west side
•Connection and pumping from L.G. Everist Site
•Expand the holding ponds and drain tiles through the course
•Purchasing treated water directly from BMU
•Additional (6) well sites we explored at Edgebrook Golf Course
Current Options
1.City owned and operated well south of the golf course
•Status –4 test wells were explored. One was found to be viable at 300 -350
gpm.
2.Connection to existing well at Southbrook Softball
3.Connection to BMU Raw Water Line
Timeline & Next Steps
•Cost Estimates for all 3 options –Early 2025
•Land Acquisition, if applicable
•Water usage rates, if applicable
•Construction estimates
•Final Recommendation –Early 2025
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0553,Version:1
Presentation: Public Works Streets Division Winter Operations
Summary and Recommended Action:
The City of Brookings Public Works - Street Division manager will provide a presentation to City
Council on Winter Operations.
Attachments:
Memo
Presentation
City of Brookings Printed on 11/14/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: John R. Thompson, Public Works Director
Council Meeting: November 19, 2024
Subject: Presentation: Public Works Streets Division Winter
Operations
Person(s) Responsible: Jeremy Linstad, Street Manager
Summary and Recommended Action:
The City of Brookings Public Works – Street Division will provide a presentation to City
Council and public on winter operations. The last presentation was provided a few years
ago and there have been many advancements in process and technology to better
serve the Brookings community.
Item Details:
The purpose of a W inter Operations Plan is to provide guidance in regards to the
actions the City will take to address impacts from winter storm events. Since winter
storms are unpredictable, an operations plan must be flexible and adaptable.
The intent of staff’s presentation is to provide the Council and public a summary of the
City’s current plan, along with information as to how staff is utilizing technology to futher
improve efficiencies and operations. Staff will also provide a briefing on current
operational challenges and future opportunities. The presentation further identifies
opportunities for resident communication to take necessary action throughout the
various phases of response.
Snow and Ice alert and information, plans, and notification measures can be found on
the citys website at https://cityofbrookings-sd.gov/275/Snow-RemovalIce-Alert-
Removal-Info
Legal Consideration:
None.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the community
can safely live, work and come together to participate in opportunities for learning,
recreation and enjoyment.
Financial Consideration:
None.
Supporting Documentation:
Presentation
Winter Operations 2024-2025
Event Classifications
Class 1
▪Light snow fall or mix precipitation
▪Probability 0”-2” snow accumulation
▪City crews dispatched
▪Contractors will not be activated
▪Light plowing or de-icing application
▪Street Supervisor to manage operations
Notification to partners
Event Classifications
Class 2 Emergency Snow Route Advisory
▪Moderate to heavy snow fall
▪Probability of 2”–6” snow accumulation
▪No Parking on Emergency Snow Routes
▪Emergency snow routes are priority
▪Street Manager/Supervisor manage operations
▪Snow Alert may be activated
▪Contractors may be activated
Notification to partners
Social Media
Civic Plus Alerts
Press Release
Event Classifications
Class 3 Snow Alert
▪Extremely heavy snowfall
▪Probability 6”+snow accumulation
▪Occurs in 24-hour period or less
▪Snow Alert Declaration
▪Street Manager
▪Acting Street Manager
▪Public Works Director
▪Chief of Police
▪City Manager
▪Citywide Parking Ban
▪Contractors Activated
Notification to partners
Social Media
Civic Plus Alerts
Press Release
Event Classifications
Ice Storm
▪Treated as a Class 1 Storm
▪Class 1 procedures to be followed
▪No issuance of contractors
▪City-provided equipment only
▪Sand trucks with applicable materials
▪Motor graders with Sharq cutting edges
Notification to partners
Current Operations
Snow Alert Parking Ban
•4”+of snow accumulation
•Minimum of 4-hour notice
•Snow alert parking ban declaration
•Street Manager,Acting Street Manager,Public Works Director,
•Police Chief,City Manager
•Notification Outlets
•City of Brookings website
•Notify Me:Text and email notification alert system
•City of Brookings Social Media
•Snow Line:605-697-7669
•Television:KELO, Dakota News Now (KDLT & KSFY), Cable Channel 9 on Mediacom, Cable Channel 20 on Swiftel
•FM and AM Radio:local stations
•SDSU (Students and Faculty)
Sign up for Notify Me alerts at www.cityofbrookings-sd.gov/NotifyMe
•Provide contact information to create account and sign in.
•Choose to receive alerts via text and/or email.
•Scroll to Alert Center. Then select Emergency Alerts.
Disclaimer: The City of Brookings recommends residents do not rely on SMS text messaging as their primary source
to receive emergency alert information. SMS text messages may be blocked by your carrier or filtered/flagged as
SPAM, causing you not to receive the message. A secondary source (e.g., email, local media) should be used in
addition to text messages. The City of Brookings is not liable for delayed or undelivered messages.
Priority of Snow Routes
•Emergency snow routes designated in RED
•Major arterial and collector routes designated
•GREEN and BLUE
•Other through-streets.
•Cul-de-sacs and other streets with no outlet.
•Alleys when snow accumulation greater than 4”or
ice accumulation greater than ½”as confirmed by
Street Manager.
•Snow removal brochure
•Provides public information
Current Operations
Current Operations
City Equipment
•Public Works Department
(5)Motor graders with wings
(5)Loaders
•(3)Loaders with plow &wing
•(1) Bucket
•(1) Snowblower (2 Primary, 2 backups)
(5)Trucks with plows and sanders
•(1) Single Axle
•(4) Tandem
(4)Trucks for snow hauling
•(1) Single Axle end dump
•(1) Tandem end dump
•(2) Tractors with side dump trailer
(2) Skid steers with Kage attachments
•Parks Department
(3) Loaders
(1)Tandem end dump truck
Current Operations
Current Operations
Current Operations
Current Operations
Current Operations
Current Operations
City Staff (Average 14 staff/event)
•Public Works Department (Streets & Solid Waste Divisions)
(1) Manager
(2) Supervisor
(1) Mechanic
(5) Heavy Equipment Operators (1-2 Solid Waste)
(4) Advance Equipment Operators
(1) Street Maintenance Technician
•Park & Rec Department (Downtown Core)
(2-3) Operators
Current Operations
Contracted Equipment with Operators
▪Contractors are used to assist the City in snow removal operations to provide
a more efficient means of snow removal
▪Contractor equipment is bid every year.
▪Call out is per specific area or price per cubic yard
▪Creates consistency and most cost effective means
▪Assist in specific areas of city or hauling of snow.
▪Equipment provided:
▪(5) Motor graders with wings
▪(5)Loaders
▪(4)Loaders with reversible plows (alleys and cul-de-sacs)
▪(1)Loader for push pile at snow dump
▪(4)End dump trucks
▪(6) Tractors with side dump trailers
Monitoring & Patrol
•On call supervisor
monitors weather
and road conditions
•Patrols routes as
needed
•Dispatches on call
staff as needed
Monitoring & Patrol
•(1) supervisor & (4)
staff on call each week.
Large events require
all staff, other
departments and
contractor support.
Sanding Routes
•NE -Black
•NW -Blue
•SE -Red
•SW -Yellow
•Over 330 lane miles of roadway are maintained
during winter operations.
Snow Removal Zones
•City –Green, Blue, Downtown Core
•Bowes Construction –Purple
•Austreims Excavating LLC-Tan and all alleys
Materials
0
200
400
600
800
1000
1200
1400
Salt Tons
0
500
1000
1500
2000
2500
3000
Sand Tons
0
500
1000
1500
2000
2500
3000
3500
4000
Total Material (Tons)
Pre Wetting
Technology
•Using Automated vehicle locating (AVL) and
telematics to optimize winter operations
•Currently Verizon Reveal
•Advantages
•Number of active units and when routes were
completed
•Playback of events
•Improved safety and emergency response time
by knowing where all units are in real time.
•Improved public response with data verification
•Public Notice
•Social Media
•Flyers
•Timing
•Sidewalk Clearing
•2:00 AM –5:30 AM
•Resources
Downtown Core
Challenges
•Timing of events (overnight, midday, holidays)
•Projected end time of event
•Weather predictions (projecting 1 -3” develops into 5-6”)
•Advance notice for advisory & alerts (Minimum 4 hour notice)
•Single shift crew (Target 14 hour shifts, Leave)
•Companies & individuals pushing snow into right of way
•Vehicles in roadway during Snow Alert
Future Opportunities
•One page winter maintenance report following end of season
•City snow storage site use
•Boulevard parking –responsible party for clearing & hauling
•Updating emergency routes (Master Transportation Plan)
•Curbside sidewalk -responsible party for clearing & hauling
•Expanding Anti-Icing and De-icing capabilities
•Brine, storage, additional materials
•Route optimization via technology
•Review and update uniform codes and actions for violations
•Piling of snow in right of way or sight triangles
•Ticketing
•Towing
•Marketing Plan & Education
•Snow Contractors Education and licensing
•Clarify expectation on Downtown Core
•After Action Reports
Future Opportunities
Sign up for Notify Me alerts at www.cityofbrookings-sd.gov/NotifyMe
•Provide contact information to create account and sign in.
•Choose to receive alerts via text and/or email.
•Scroll to Alert Center. Then select Emergency Alerts.
Thank you
Salt
•Is more salt better? Increasing the concentration beyond 23.3 percent
will not help melt more snow and ice, and the salt will be wasted.
Fleet Updates
•New snowblower in 2024
•New motor grader in 2024
•New loader with wing in 2024
•New skid steer in 2024
•New side dump trailer with used tractor in 2023
•Two new plow/sander trucks ordered in 1st quarter 2024
expected arrival date fall of 2025
Salt Shed
Cutting Edges