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HomeMy WebLinkAbout2025_01_28 CC PacketCity 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, January 28, 2025 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may make a brief announcement or invitation, or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Individuals will state their name and city of residence for the record. Public Comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. 5. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Page 1 City of Brookings January 28, 2025City Council Meeting Agenda - Final 5.A.ID 25-0048 Action to approve City Council meeting minutes. 1/14/2025 MinutesAttachments: 5.B.ID 25-0042 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. Memo SDCL 35-4-124 Attachments: 5.C.RES 25-009 Action on Resolution 25-009, a Resolution Amending the Joint Cooperative Agreement for the Management of the Brookings City & County Government Center. Memo Resolution Agreement - clean Agreement - marked Attachments: 6. Presentations/Reports: 6.A.ID 25-0047 Proclamation: Religion and Values Forum Day ProclamationAttachments: 6.B.ID 25-0040 Report: SDSU Student Association. 6.C.ID 25-0050 Presentation: First Impressions Program Memo Presentation Program Overview Attachments: 6.D.ID 25-0049 Presentation on the City of Brookings 2021 - 2026 Strategic Plan Online Dashboard. Memo 2021 - 2026 Strategic Plan Attachments: 7. Contracts/Change Orders: NONE 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Page 2 City of Brookings January 28, 2025City Council Meeting Agenda - Final 8.A.ORD 25-002 Introduction and First Reading on Ordinance 25-002, an Ordinance Amending Chapter 94, pertaining to the creation of a new zoning district, Civic District, and associated supplemental regulations. Public Hearing and Action: February 11, 2025. Memo Ordinance Notice - City Council Notice - Planning Commission Planning Commission Minutes Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 25-001 Second Reading and Action on Ordinance 25-001, an Ordinance accepting the Report of the Brookings City Charter Commission pursuant to Section 8.01 (c) of the Brookings City Charter, ratifying the formation of the Charter Commission, and setting the Election Date for Submission of the Proposed Charter Amendments to the voters of the City of Brookings. Memo Ordinance Frequently Asked Questions Final Report Charter Changes - Summary Charter Changes - detailed list Charter - clean Charter - marked Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 1/14/25 City Council read into the record 9.B.RES 25-010 Public Hearing and Action on Resolution 25-010, a Resolution of Intent to Lease Real Property located at the Brookings Regional Airport. Memo Resolution Notice Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Page 3 City of Brookings January 28, 2025City Council Meeting Agenda - Final 9.C.RES 25-004 Public Hearing and Action on Resolution 25-004, a Resolution of Intent to Lease Real Property (City Hay Land located at Main Avenue South and 32nd Street South). Memo Resolution Notice Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call 9.D.ID 25-0038 Public Hearing and Action on a Special Event / Temporary Alcoholic Beverage Application from Brookings Area Chamber of Commerce, for an event to be held on February 13, 2025. Memo Legal Notice Attachments: Action: Motion, Open & Close Public Hearing, Roll Call 9.E.ORD 25-003 Public Hearing and Action on Ordinance 25-003, an Ordinance to Change the Zoning within the City of Brookings (Rezone 1115 West 20th Street South from Agriculture A District to Residence R-3 Apartment District). Memo Ordinance Notice - City Council Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Large Scale Residential Development - Revised January 20, 2025 Large Scale Residential Development Plan - April 2024 Traffic Impact Study Summary Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 7/23/24 City Council removed from the agenda 1/14/25 City Council read into the record 10. Other Business: Page 4 City of Brookings January 28, 2025City Council Meeting Agenda - Final 10.A.ID 25-0052 Action on a Preliminary Plat for Blocks 1-4 of Prairie Sunset Addition. Memo Planning Commission Notice Location Map Planning Commission Minutes Preliminary Plat - Revised January 20, 2025 Preliminary Plat Preliminary Grading Plan Preliminary Drainage Plan Preliminary Utility Plan Attachments: Action: Motion, Request Public Comment, Roll Call 10.B.RES 25-008 Action on Resolution 25-008, a Resolution Adopting 2025 Edgebrook Golf Course Rates. Memo Resolution Fee Schedule - clean Fee Schedule - marked Area Golf Course Rates Attachments: Action: Motion, Request Public Comment, Roll Call 11.ID 25-0056 City of Brookings Progress Report. PresentationAttachments: 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. 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. Page 5 City of Brookings January 28, 2025City Council Meeting Agenda - Final 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 6 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0048,Version:1 Action to approve City Council meeting minutes. Attachments: 01/14/2025 City Council Minutes City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL January 14, 2025 (unapproved) The Brookings City Council held a meeting on Tuesday, January 14, 2025 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Brianna Doran, Andrew Rasmussen, Bonny Specker, and Holly Tilton Byrne. Absent: Council Member Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 – Wendell. Consent Agenda. A motion was made by Council Member Specker, seconded by Council Member Doran, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. A. Action to approve the December 17, 2024 City Council Minutes. B. Action to cancel the January 21, 2025 City Council Study Session. C. Action on Resolution 25-001, a Resolution designating the depositories for municipal funds. RESOLUTION 25-001 - RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES PURSUANT TO SDCL 9-22-6, the City Council of the City of Brookings, SD, hereby designates the following as depositories for Municipal Funds of the City of Brookings for the ensuing year: Bank Star Financial Central Bank Dakotah Bank Dakotaland Federal Credit Union First Bank & Trust First Interstate Bank SD Public Fund Investment Trust Wells Fargo Bank D. Action on Resolution 25-002, a Resolution designating the Official Newspaper. RESOLUTION 25-002 - RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER PURSUANT TO SDCL 9-12-6, the City Council of the City of Brookings, SD, hereby designates the Brookings Register as the official newspaper for the City of Brookings for the ensuing year. E. Action on Resolution 25-006, a Resolution designating Purchase Authorities. RESOLUTION 25-006 - RESOLUTION DESIGNATING PURCHASE AUTHORITIES WHEREAS, the City of Brookings is required to comply with South Dakota Codified Laws associated with Pubic Agency Procurement (SDCL 5-18A-1 through 5-18A-53); and WHEREAS, the City of Brookings desires to utilize purchasing authorities, and active governmental contracts to make the procurement process more efficient and less costly; and WHEREAS, the City of Brookings desires to allow local businesses the opportunity to meet or exceed publicly bid and awarded contract pricing and delivery times. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby designates the following purchase authorities for use by City of Brookings staff for the ensuing year: Buy Board (https://www.buyboard.com ) Cooperative Purchasing Venture (https://mn.gov/admin/osp/other- purchasers/cpv/ ) Cooperative Purchasing Connection (https://purchasingconnection.org ) GSA Advantage (https://www.gsaadvantage.gov/advantage ) H-GAC (https://www.h-gac.com/procurement ) NASPO ValuePoint (https://www.naspovaluepoint.org ) Omnia Partners (https://www.omniapartners.com ) Sourcewell (https://www.sourcewell-mn.gov ) South Dakota State Contracts (https://boa.sd.gov ) South Dakota State Surplus (https://surplus.sd.gov ) The Interlocal Purchasing System (TIPS) (https://www.tips-usa.com/) BE IT FURTHER RESOLVED, that the City of Brookings hereby authorizes City staff, as per SDCL 5-18A-22, to piggy-back on any active contract for supplies or services, other than professional services, that has been awarded by any governmental entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months. BE IT FURTHER RESOLVED, that the City of Brookings directs staff to solicit local businesses, if such exist, that are in the business of providing the services or supplies being procured off active contracts. 5F. Action on Special Event Temporary Alcoholic Beverage License requests from existing license holders: Sodexo Catering (Licenses RB-28249 and RW-28251): SDSU TL25-014. Proclamation – Dr. Martin Luther King Jr. Rally and Marade Day. Mayor Niemeyer read a proclamation designating January 20th as Dr. Martin Luther King, Jr. Rally and Marade Day. MAYORAL PROCLAMATION WHEREAS, Dr. Martin Luther King, Jr. awakened the hearts of Americans by calling for equality amongst citizens and challenged all to participate in the never -ending work of building a more perfect union; and WHEREAS, every person has a right to be provided opportunities to learn, grow, and thrive in an environment that doesn't violate their safety, dignity or humanity; and WHEREAS, our community is made better when citizens live by Dr. King's philosophy to work together to better humankind as a united body; and WHEREAS, the community is invited to join the Rally and Marade starting at 10:00 a.m. at Club 71 in the Dana J. Dykhouse Stadium on the South Dakota State University campus on January 20, 2025. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Monday, January 20, 2025 as Dr. Martin Luther King, Jr. Rally and Marade Day. Report: SDSU Students Association Report. Claire Koenecke, SDSU Students Association Government Affairs Chair, provided an update on SDSU current affairs. Report: City Council Ex-Officio Report. A Brookings Municipal Utility Board report was given by Council Member Rasmussen. A Brookings Health Systems Board of Trustees report was given by Council Members Specker. Resolution 25-007. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 25-007, a Resolution Authorizing the Lease of 50 Club Car Tempo Golf Carts through NB Golf, LLC, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. RESOLUTION 25-007 - RESOLUTION AUTHORIZING THE LEASE OF 50 CLUB CAR TEMPO GOLF CARTS THROUGH NB GOLF, LLC. WHEREAS, the City of Brookings has a need to lease golf carts for the 2025 season at Edgebrook Golf Course; and WHEREAS, funds have been budgeted to acquire golf carts for the 2025 season at Edgebrook Golf Course; and WHEREAS, the City of Brookings wishes to utilize Sourcewell, a purchasing cooperative, to acquire golf carts through a competitively awarded cooperative purchasing contract. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes the lease of 50 Club Car Tempo golf carts through through Sourcewell Contract #122220-CCR with NB Golf, LLC, of Hendricks, MN, including all understandings and assurances contained therein, for the Edgebrook Golf Course. FIRST READING – Ordinance 25-001. Introduction and first reading was held on Ordinance 25-001, an Ordinance accepting the Report of the Brookings City Charter Commission pursuant to Section 8.01 (c) of the Brookings City Charter, ratifying the formation of the Charter Commission, and setting the Election Date for Submission of the Proposed Charter Amendments to the voters of the City of Brookings. Public Comment: David Gilbertson and Lisa Hager. Second Reading and Action: January 28, 2025. FIRST READING – Ordinance 25-003. Introduction and first reading was held on Ordinance 25-003, an Ordinance to Change the Zoning within the City of Brookings (Rezone 1115 West 20th Street South from Agriculture A District to Residence R-3 Apartment District). Public Comment: Russell Atkins. Public Hearing and Action: January 28, 2025. Ordinance 24-038. A Public Hearing was held on Ordinance 24-038, an Ordinance to Change the Zoning within the City of Brookings (Rezone Lots 1 and 2 in Block 1 of Bowes Addition from an Agriculture A District to a Residence R-1A Single-Family District). A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 24-038 be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. Resolution 25-005. A public hearing was held on Resolution 25-005, a Resolution of Intent to Lease Real Property at the Brookings Regional Airport to Civil Air Patrol Inc. A motion was made by Council Member Doran, seconded by Council Member Tilton Byrne, that Resolution 25-005 be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. RESOLUTION 25-005 - RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO CIVIL AIR PATROL, INC. WHEREAS, the City of Brookings currently leases the Brookings Regional Airport Terminal (approximately 1,040 square feet in Section 26-T110N-R50W, City of Brookings, South Dakota) to the Civil Air Patrol, Inc.; and WHEREAS, the current lease will expire on January 31, 2025; and WHEREAS, the Civil Air Patrol, Inc. has requested that the lease be renewed for five (5) years; and WHEREAS, the Brookings Regional Airport Board met on November 21, 2024 and unanimously recommended that the lease be renewed for five (5) years at a reduced rate of ninety-seven dollars and eighty-five cents ($97.85) per month, plus one-half of the utilities. NOW, THERFORE, IT IS HEREBY RESOLVED by the City Council of Brookings, South Dakota as follows: A. A public hearing on this resolution was held on January 14, 2025 at 6:00 o’clock P.M. at the Chambers at the City & County Government Center and all persons were given an opportunity to be heard on the intent to lease real property; and B. The City of Brookings will enter into a lease with Civil Air Patrol, Inc., for a period of five (5) years, commencing on February 1, 2025 and ending December 31, 2029; and C. The starting lease rate shall be ninety-seven dollars and eighty-five cents ($97.85) per month, plus one-half of the utilities; and D. The lease rate shall increase each January by three percent (3%); and E. The City Manager or his designee is authorized to enter into a lease in accordance with this resolution. On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale Malt License, with Video Lottery authorization, for GP2, LLC to be located at 406 Main Avenue, Suite D. A motion was made by Council Member Rasmussen, seconded by Council Member Doran, that the On-Off Sale Malt License be approved. Public Comment: Kevin Grunewaldt. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. Video Lottery Authorization. A public hearing was held on a request for a Video Lottery authorization for GP2, LLC to be located at 406 Main Avenue, Suite D. A motion was made by Council Member Rasmussen, seconded by Council Member Avery, that the Video Lottery Authorization be approved. The motion failed by the following vote: Yes: 3 - Avery, Niemeyer, and Rasmussen; No: 3 - Doran, Specker, and Tilton Byrne; Absent: 1 - Wendell. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, to enter into Executive Session at 7:00 p.m. pu rsuant to SDCL 1-25-2.3, for the purpose of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and SDCL 1-25-2.5, for the purpose of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. The motion carried by a unanimous vote. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, to exit Executive Session at 7:45 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Specker, seconded by Council Member Tilton Byrne, that this meeting be adjourned at 7:45 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings 2024 Payroll – SDCL 6-1-10 (Addendum to the 1/14/2025 City Council Minutes.) E911: Brittany Auen, Communications Operator, 22.84; Stacy Burkhalter-Sweeney, Communications Operator, 24.47; Marcos de la Cruz, Communications Operator, 22.84; James DeBough, Lead Dispatcher, 28.44; Emily Edstrom, Lead Dispatcher, 26.44; Caleb Johnson, Lead Dispatcher, 28.49; Eric Lee, Communications Operator, 30.89; Brandy Odegaard, Communications Operator, 24.42; Lorileen Ollerich, Communications Operator, 25.07; Kristen Poppen, Communications Operator, 24.46; Brittany Williams, Lead Dispatcher, 26.44. City Council: Wayne Avery, Council Person, 600.00; Andrew Rassmussen, Council Person, 600.00; Brianna Doran, Council Person, 600.00; Oepke Niemeyer, Mayor, 800.00; Bonny Specker, Council Person, 600.00; Holly Tilton Byrne, Council Person, 600.00; Nicholas Wendell, Council Person, 600.00. City Clerk: Bonnie Foster, City Clerk, 41.75; Amber Hanson, Deputy City Clerk, 26.86. City Manager: Paul Briseno, City Manager, 97.22; Sherry Fuller Bordewyk, Public Information Officer, 41.97; Jacob Meshke, Deputy City Manager, 73.89; Samantha Beckman, Assistant to the City Manager, 36.72; Angela Ritter, Executive Administrative Assistant, 30.23; Jessica Welu, Communications Specialist, 32.80. Human Resources: Casey Bell, Director of Human Resources, 54.14; Nancy Olson, Human Resources Assistant, 27.51; Maureen Simet, Human Resources Risk Manager, 40.16. Finance: Gwendlyn Madsen, Senior Accounting Specialist, 32.46; Tyler Luoma, Assistant Finance Director, 41.68; Brenda McCracken, Senior Accounting Specialist, 32.46; Ashley Rentsch, Finance Director, 58.88. IT: Don Goff, IT Manager, 46.07; Korku Kponyoh, IT Specialist, 35.43. Community Development: Patrick Ammann, Building Inspector, 33.09; Alyssa Blachford, Office Manager, 27.10; Katie Bortnem, Permit Technician, 30.30; Aaron Karl, GIS Specialist, 31.37; Sarah Keizer, Housing Inspector, 29.71; Ryan Miller, City Planner, 44.18; Michael Struck, Community Development Director, 64.85; Jared Thomas, Chief Building Official, 48.25. Police: Erik Adrian, Patrol Officer, 29.15; Timothy Andersen, Patrol Officer, 35.04; Seth Bonnema, Patrol Officer, 35.04; Nathan Bowden, Corporal-Patrol, 33.78; Robert Bowden, Patrol Officer, 31.32; Terry Coon, Patrol Lieutenant, 48.80; Luke DeJong, Corporal-Patrol, 36.44; Michael Drake, Chief of Police, 68.09; Dustyn Engstrom, Corporal-Patrol, 34.64; Brian Franklin, Sergeant, 39.63; Drew Garry, Police Lieutenant, 48.54; Jorrie Hart, Patrol Officer, 35.04; Kayla Hovelson, Police Accreditation Manager, 26.44; Devon Isler, Patrol Officer, 29.15; Kyle Johnson, Patrol Officer, 31.37; Austin Kreutner, Corporal-Patrol, 34.64; Rhett Larsen, Sergeant, 38.09; Liebl, Benjamin, Patrol Officer, 31.37; Remi’Marcus Master, Patrol Officer, 31.22; Ronda May, Administrative Assistant, 25.66; Cora Olson, Patrol Officer, 31.41; Zachary Page, Patrol Officer, 31.47; Kevin Peterson, Patrol Officer, 29.15; Shawn Peterson, Sergeant, 40.97; Geoffrey Pollman, Corporal-Investigations, 36.44; Trevor Radtke, Evidence Technician/Clerk, 25.66; Scott Roberts, Patrol Officer, 31.40; Dana Rogers, Corporal-Investigations, 36.44; Margaret Schliepsiek, Patrol Officer, 29.15; Joshua Schneider, School Resource Officer, 35.04; Bryan Schreur, Patrol Officer, 31.45; Noah Smith, Patrol Officer, 31.07; Easton Thury, Patrol Officer, 29.15; Jacob Vukovich, Corporal-Patrol, 36.09; Eric Warkenthien, Patrol Officer, 34.30; Jonathan Weinrich, Sergeant, 38.25; Rick Widicker, Patrol Officer, 31.40. Fire: Peter Bolzer, Fire Chief, 58.376; Jared Runge, Office/Shop Manager, 26.72; Jeremy Scott, Deputy Fire Chief, 43.07. Public Works: Sean Doremus, Engineering Technician I, 33.27; Thad Drietz, Assistant City Engineer, 49.70; Charles Richter, City Engineer, 58.13; Lana Schwartz, Staff Analyst I, 30.90; John Thompson, Public Works Director, 73.65. Street: Kurt Athey, Advanced Equipment Operator, 27.49;Alex Berkness, Heavy Equipment Operator, 28.84; Michael Billet, Heavy Equipment Operator, 28.55; Nicholas Converse, Street Maintenance Technician, 22.38; Eric Hanson, Heavy Equipment Operator, 28.55; Derk Hartenhoff, Heavy Equipment Operator, 29.42; Chase Hornseth, Heavy Equipment Operator, 28.84; Todd Johnson, Street Supervisor, 33.89; Jeremy Linstad, Street Manager, 48.71; Josh McClain, Street Supervisor, 33.89; Brayden Schaefer, Street Maintenance Technician, 24.37; Zachoriah Thelen, Advanced Equipment Operator, 25.46; Martin Wagner, Street Mechanic, 30.69. Animal Control: Alyssa Kreutner, Community Service Officer, 26.44; Duane Walburg, Community Service Officer, 30.31. Recreation: Stacy Claussen, Recreation Manager, 41.85; Darren Hoff, Recreation Manager, 39.46; Elizabeth Marler, Office Manager, 25.24; Angela Strohfus, Senior Services Supervisor, 30.24. Park: Joshua Bauman, Assistant Parks, Rec & Forestry Director, 43.85; Mark Bren, Shop Supervisor/Mechanic, 33.66; William deBlonk, Park Supervisor, 33.63; Christopher Engbrecht, Parks Technician, 26.95; Stephen Hartung, Parks Technician, 26.95; Breann Julius, Parks Technician, 25.92; Paul Olson, Park Technician, 22.90; Seth Olson, Park Supervisor, 30.61; Randy Santema, Park Technician, 22.88; Payton Schultz, Park Technician, 24.73; Daniel Timm, Park s Supervisor, 33.00; Matthew Wiles, Park Technician, 21.75; Kristen Zimmerman, Parks Rec & Forestry Director, 55.45. Forestry: Johnathon Austin, Forestry Technician, 22.62; Ryan Burggraff, Forestry Supervisor, 33.43; Ryker Ramlo, Forestry Technician, 22.93; Caleb Schaller, Forestry Technician, 22.88. Library: Shane Andreasen, Office Manager, 25.41; Katherine Eberline, Children’s Services Librarian, 30.60; Nita Gill, Adult Services Librarian, 38.47; Ashia Gustafson, Director of Library Services, 51.12; Jennifer Kluck, Young Adult Services Coordinator, 24.93; Betsy Lenning, Interlibrary Loan Services Coordinator, 22.84; Allerie Loof, Circulation Manager, 22.60; Mikaela Neubauer, Community Services Coordinator, 23.79; Nancy Swenson, Technology Services Librarian, 36.83; Grace Timmerman, Circulation/Technician Services Assistant, 22.64. Liquor: Elizabeth Cyphert, Liquor Sales Associate, 18.54; Andrew Ekeland, Assistant Manager, 28.26; Brian Hanson, Inventory Control Clerk, 25.18; William Heldt, Liquor Store Manager, 42.20. Airport: Lucas Dahl, Airport Manager, 40.83; Brett Torgrude, Airport Operations Maintenance Technician, 27.48; Edgebrook Golf Course: Daniel May, Golf Technician, 22.92; Greg Redenius, Golf Course Superintendent, 40.75. Solid Waste Collection: Paul Hartley, Lead Sanitation Collector, 27.76; Jeremy Janssen, Sanitation Collector, 26.44; Jason Keizer, Sa nitation Collector, 21.51; Brian Klingbile, Sanitation Collector, 26.44; Aaron Mumby, Sanitation Collector, 26.44. Solid Waste Disposal: Calvin Cook, Heavy Equipment Operator, 30.60; Tim Huber, Landfill Supervisor, 33.55; Larry Johnson, Heavy Equipment Operator, 26.64; Charles Kuhn, Solid Waste Manager, 45.12; Jeremiah Norwood, Advanced Equipment Operator, 24.19; Todd Smidt, Heavy Equipment Operator, 31.19; Katie Stiegelmeier, Business Operations and Logistics Manager, 33.19; Tammy Wiles, Disposal Site Attendant, 20.32. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0042,Version:1 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License requests from existing alcohol license holders. Attachments: Memo SDCL 35-4-124 City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: January 28, 2025 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the lice nse holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on -sale alcoholic beverage license. Staff requests approval for the following special event / temporary alcoholic beverage licenses from Sodexo Catering (License Holder RB-28249 and RW -28251):  SD Art Museum: SDSU TL25-015  DJD Stadium, Club 71: SDSU TL25-016 Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in length. Supporting Documentation: State Law 35-4-124 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on-sale alcoholic beverage license. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch 149, § 1. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-009,Version:1 Action on Resolution 25-009, a Resolution Amending the Joint Cooperative Agreement for the Management of the Brookings City & County Government Center. Summary and Recommended Action: Staff recommends approval of the resolution amending the Joint Cooperative Agreement for the Brookings City and County Government Center to allow County members on the Government Center Advisory Committee to either be County Commissioners or staff. Attachments: Memo Resolution Agreement - clean Agreement - marked City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Jacob Meshke, Deputy City Manager Council Meeting: January 28, 2025 Subject: Resolution 25-009: Joint Cooperative Agreement Amendment - County Membership Presenter: Jacob Meshke, Deputy City Manager Summary and Recommended Action: Staff recommends approval of the Resolution amending the Joint Cooperative Agreement for the Brookings City and County Government Center to allow County members on the Government Center Advisory Committee to either be County Commissioners or staff. Item Details: The City of Brookings and Brookings County originally created a Joint Cooperative Agreement in 2010 for the purchase of land, construction, equipping, and maintaining of the Brookings City and County Government Center. In December 2021, City Council amended the Joint Cooperative Agreement to specify that City members on the Government Center Advisory Committee would be City staff. Recently, Brookings County Commission took similar action by appointing a County staff member to serve on the Government Center Advisory Committee, which necessitates this amendment to the Joint Cooperative Agreement. Legal Consideration: City Attorney has drafted the resolution and agreement amendment. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: None. Supporting Documentation: Resolution Agreement – clean Agreement – marked RESOLUTION 25-009 A RESOLUTION AMENDING THE JOINT COOPERATIVE AGREEMENT FOR THE MANAGEMENT OF THE BROOKINGS CITY & COUNTY GOVERNMENT CENTER BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: WHEREAS, the City of Brookings and the County of Brookings are parties to a Joint Cooperative Agreement, dated as of February, 2019; and WHEREAS, the City of Brookings and the County of Brookings desire to amend the above-mentioned Joint Cooperative Agreement to revise the procedure for County appointments to the Government Center Advisory Committee. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The Second Paragraph of Section Four of the Joint Cooperative Agreement for the Management of the Brookings City & County Government Center is revised as follows: Section Four - Government Center Advisory Committee The representatives of the County shall consist of two Members, who may be either employees or County Commissioners. They shall be appointed by the County Commission. B. That the Mayor and City Clerk are authorized to execute the Amended and Restated Joint Cooperative Agreement for the Management of the Brookings City & County Government Center to incorporate the revision of Section Four. Passed and Approved on the 28th day of January, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 1 AMENDED AND RESTATED JOINT COOPERATIVE AGREEMENT FOR THE MANAGEMENT OF THE BROOKINGS CITY & COUNTY GOVERNMENT CENTER ______________ This Amended and Restated Joint Cooperative Agreement for the management of the Brookings City & County Government Center is made and entered into by and between the County of Brookings, South Dakota (the “County”) and the City of Brookings, South Dakota (the “City”). WHEREAS, the parties did enter into a Joint Agreement for the Brookings City & County Government Center effective as of the 13th day of April, 2010, and the parties now desire to amend and restate their Joint Agreement for the management of the Brookings City & County Government Center. NOW, THEREFORE, the parties to the above-referenced Agreement hereby amend and restate their Agreement in the manner set forth below. Section One Statutory Authority/Joint Powers Agreement This agreement is an agreement for joint or cooperative action pursuant to SDCL Chapter 24, and does not constitute a separate administrative or legal entity pursuant to SDCL § 1-24-19. Section Two Purpose of this Agreement and Use of the Government Center Building This agreement is intended to set forth the terms and conditions under which the County and City will manage and maintain their government building for the joint and common use of the County and City to provide space for the County’s administrative offices and the City’s administrative offices. Further, it is the intent of both Parties that this Agreement may be further amended and supplemented as needed. Section Three Building Name The name of the building is the BROOKINGS CITY & COUNTY GOVERNMENT CENTER. Section Four Government Center Advisory Committee The parties have established a Government Center Advisory Committee, consisting of four (4) members, with two (2) members designated by the County and two (2) members designated by the City. The Government Center Advisory Committee meets periodically as necessary for the purpose of discussing the operation of the building and grounds. The representatives of the County shall consist of two Members, who may be either employees or County Commissioners. They shall be appointed by the County Commission. 2 The representatives of the City shall be employees of the City, appointed by the City Manager. The Government Center Advisory Committee shall have general authority concerning the continued operation of the building, including the following: 1. Elect Chairperson and Vice Chairperson; 2. Approve the annual budget and budget amendments; 3. Review building security, safety issues and insurance coverage; 4. Review necessary building and utility repairs, maintenance and building improvements; 5. Review and update information technology (“IT”) within the building; 6. Discuss landscaping, exterior maintenance and snow removal; 7. Consider capital improvements and equipment purchases as necessary; 8. Coordinate use of election facilities; 9. Update this Agreement as necessary; and 10. Special meetings may be called, as needed, by the Chairperson. The following matters are subject to approval by both the County Commission and the City Council: All contracts where competitive bidding is required; All bonds and financing; and The annual budget of the building maintenance, repairs and improvements. In the event members of the Government Center Advisory Committee are at an impasse by virtue of a tie vote on an issue they deem irreconcilable, the Committee agrees to submit the issue to a mutually acceptable dispute resolution and mediation process. Section Five Allocation of Building Maintenance Costs A) Each party is paying an allocated share of the ongoing building-related costs based upon their respective square footage of separate office area as it relates to the combined square footage of both separate office areas, with the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). B) Each party shall timely pay its respective share of any building and capital improvement costs as they become due. Section Six Furniture, Fixtures and Equipment The City and County will each continue to pay for their own furniture, fixtures and equipment necessary for their operations in the building. Each Party shall pay for furniture, fixtures and equipment necessary for the joint areas and the general operation of the building based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). The Government Center Advisory Committee may recommend to the City and County that furniture, fixtures and equipment deemed no longer necessary for the joint areas and 3 general operation of the building be declared surplus. The City and County may then declare such property surplus, and can determine the method of disposal by the City and County. Section Seven Insurance Liability insurance shall continue to be procured jointly by the County and the City to protect these governmental entities from any and all claims for bodily injury, including death and property damage arising out of the use or operation of the facility. In addition, fire and extended coverage insurance in an amount not less than the estimated replacement cost of the building shall be obtained by the County and the City, which will insure the owners of the building in case of fire, catastrophe, or other damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay for the cost of such insurance based upon the allocation of County share of Fifty-two percent (52%) and the City share of Forty-eight percent (48%). Each Party shall pay for any insurance on its separately owned furniture, fixtures and equipment. Section Eight Portion and Method of Allocating Expenses of Operation and Maintenance Based upon action taken in September, 2023 by the City of Brookings and County of Brookings, respectively, Section Eight has been deleted in its entirety and replaced as follows: Each party shall pay for all costs of maintenance, repairs, utilities and capital replacement for its separate areas. The costs of maintenance, repairs, utilities and capital replacement of the building exterior, roof, heating and air conditioning systems, grounds, parking lot, audio and video equipment in joint-use spaces and common areas shall be allocated between the Parties based upon the allocation of the County's share at Fifty-two percent (52%) and the City's share at Forty-eight percent (48%). The City Manager and Commission Department Director shall have the administrative authority to approve operation and maintenance expenditures as described in this section which have been budgeted and which are within their respective budget authority.1 Section Nine Management of Common Areas Management and scheduling of the joint-use areas of the building shall follow the “Meeting Room & Common Space Usage Policy” (Exhibit “A”, attached) as established by the Government Center Advisory Committee. The County Commission and the City Council shall always have priority as to the use of the Commission/Council Chambers. Any fees generated by the use of the common areas of the building shall be applied to the costs of maintenance and upkeep of such common areas. Section Ten Personnel The City shall control the personnel and operations of its offices and the County shall control the personnel and operations of its offices, except as specifically agreed to within the terms of this 1 No other Sections of this Agreement were amended in September, 2023. 4 Agreement or any other agreement between the Parties. The County shall provide custodial/maintenance services for the building as needed throughout the normal workday hours and on an emergency basis. Wages for the county employee(s) shall be reimbursed to the County by the City quarterly and shall be based on the county employees’ hourly wage, benefits and number of hours they are at the facility based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share of Forty-eight percent (48%). Section Eleven Disposition of Revenue Derived from Building In the event that there exists any revenues derived from the operations of the building, the County and City shall retain such revenues as are attributable to the space under its control. Section Twelve Termination This agreement shall continue until otherwise terminated by the parties by mutual agreement. Section Thirteen Partial Invalidity If any one or more of the provisions of this Agreement shall be held to be unenforceable in any respect, by final decree of any court of lawful jurisdiction, such unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto. Section Fourteen Agreement Open to Public Inspection/Publication of Proceedings This agreement shall be filed and copies hereof kept as an open record with the County Finance Officer and City Clerk and shall be open to public inspection. The publication and other procedures for Notice of Meetings, Meetings, including Agendas and Minutes of Meetings wherein the business of the Government Center Advisory Committee is conducted shall conform to the respective procedures of the County of Brookings and City of Brookings. Section Fifteen Amendments This agreement may be amended and supplemented from time to time by the action of the governing bodies of the County and City. This agreement is intended to amend previous agreements, and to the extent such agreements are inconsistent with this agreement, they are hereby repealed. Therefore, all other agreements in conflict herewith are hereby repealed. 5 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. _____________________________ _____________________________ Oepke G. Niemeyer, Mayor Larry Jensen, Chairperson, Brookings County Board of Commissioners ATTEST: ATTEST: _____________________________ ______________________________ Bonnie Foster, City Clerk Lori Schultz, County Finance Officer 6 Exhibit “A” Joint Powers Board, City and County of Brookings Meeting Room & Common Space Usage Policy 1) Brookings County shall develop its own individual policy governing the use of Rooms 103, 221, 215, and 332. The City of Brookings shall develop its own individual policy governing the use of Rooms 147, 241, and 242. 2) Room 300 (Community Room), Room 310 (Chambers), Room 312 (Executive Session Room), Rooms 340/341 (Conference/Break Room), and the first and second floor common spaces (hallways) shall be available to any committee, advisory board, commission, task force, or council whose establishment has been duly affiliated with, created, or authorized by the governing board of either the City or County of Brookings. Scheduling must occur through the appropriate City or County procedure. It is understood most of these scheduling demands will be standing meetings of each entity. 3) Meeting rooms referenced in #2 shall be available to any entity that is non-profit and whose purpose and mission is governmental, civic, charitable, fraternal, or educational in nature. Meetings held by the governing board of the City and County as well as those groups listed in #2 shall have priority. 4) It is preferred that usage occur within regular business hours. Events held in these spaces shall not disrupt regular business. An effort will be made to hold events in the first and second floor common spaces after hours when possible. Any group, other than those listed in #2, using a space during non-work hours shall be communicated between the City and County in advance of the event. 5) Users not listed in #2 must schedule the spaces by contacting either the Commission Department Director’s office or the City Manager’s office. 6) Users must return the condition of the space to the way they found it. Users will be responsible for their own set-up arrangements of the room. Users are responsible for clean-up and will be billed for any special cleaning necessary or any damage that occurred. As long as garbage is bagged, bags may be left for building staff to dispose. 7) Tables, chairs, flags, a lectern, and a podium are available. 8) Electronic equipment such as recording, teleconferencing, audio/visual is available and will be billed at an hourly rate for technical assistance for the use of such equipment. 9) Alcohol and tobacco are not permitted in the building. Food and other beverages are permitted. (See #6) 10) Users are responsible for the supervision of children when using the rooms. ADOPTED: Joint Powers Board, August 15, 2019 1 AMENDED AND RESTATED JOINT COOPERATIVE AGREEMENT FOR THE MANAGEMENT OF THE BROOKINGS CITY & COUNTY GOVERNMENT CENTER ______________ This Amended and Restated Joint Cooperative Agreement for the management of the Brookings City & County Government Center is made and entered into by and between the County of Brookings, South Dakota (the “County”) and the City of Brookings, South Dakota (the “City”). WHEREAS, the parties did enter into a Joint Agreement for the Brookings City & County Government Center effective as of the 13th day of April, 2010, and the parties now desire to amend and restate their Joint Agreement for the management of the Brookings City & County Government Center. NOW, THEREFORE, the parties to the above-referenced Agreement hereby amend and restate their Agreement in the manner set forth below. Section One Statutory Authority/Joint Powers Agreement This agreement is an agreement for joint or cooperative action pursuant to SDCL Chapter 24, and does not constitute a separate administrative or legal entity pursuant to SDCL § 1-24-19. Section Two Purpose of this Agreement and Use of the Government Center Building This agreement is intended to set forth the terms and conditions under which the County and City will manage and maintain their government building for the joint and common use of the County and City to provide space for the County’s administrative offices and the City’s administrative offices. Further, it is the intent of both Parties that this Agreement may be further amended and supplemented as needed. Section Three Building Name The name of the building is the BROOKINGS CITY & COUNTY GOVERNMENT CENTER. Section Four Government Center Advisory Committee The parties have established a Government Center Advisory Committee, consisting of four (4) members, with two (2) members designated by the County and two (2) members designated by the City. The Government Center Advisory Committee meets periodically as necessary for the purpose of discussing the operation of the building and grounds. The representatives of the County shall consist of two Members, who may be either employees or County Commissioners. They who shall be appointed by the County Commission. 2 The representatives of the City shall be employees of the City, appointed by the City Manager. The Government Center Advisory Committee shall have general authority concerning the continued operation of the building, including the following: 1. Elect Chairperson and Vice Chairperson; 2. Approve the annual budget and budget amendments; 3. Review building security, safety issues and insurance coverage; 4. Review necessary building and utility repairs, maintenance and building improvements; 5. Review and update information technology (“IT”) within the building; 6. Discuss landscaping, exterior maintenance and snow removal; 7. Consider capital improvements and equipment purchases as necessary; 8. Coordinate use of election facilities; 9. Update this Agreement as necessary; and 10. Special meetings may be called, as needed, by the Chairperson. The following matters are subject to approval by both the County Commission and the City Council: All contracts where competitive bidding is required; All bonds and financing; and The annual budget of the building maintenance, repairs and improvements. In the event members of the Government Center Advisory Committee are at an impasse by virtue of a tie vote on an issue they deem irreconcilable, the Committee agrees to submit the issue to a mutually acceptable dispute resolution and mediation process. Section Five Allocation of Building Maintenance Costs A) Each party is paying an allocated share of the ongoing building-related costs based upon their respective square footage of separate office area as it relates to the combined square footage of both separate office areas, with the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). B) Each party shall timely pay its respective share of any building and capital improvement costs as they become due. Section Six Furniture, Fixtures and Equipment The City and County will each continue to pay for their own furniture, fixtures and equipment necessary for their operations in the building. Each Party shall pay for furniture, fixtures and equipment necessary for the joint areas and the general operation of the building based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share at Forty-eight percent (48%). The Government Center Advisory Committee may recommend to the City and County that furniture, fixtures and equipment deemed no longer necessary for the joint areas and 3 general operation of the building be declared surplus. The City and County may then declare such property surplus, and can determine the method of disposal by the City and County. Section Seven Insurance Liability insurance shall continue to be procured jointly by the County and the City to protect these governmental entities from any and all claims for bodily injury, including death and property damage arising out of the use or operation of the facility. In addition, fire and extended coverage insurance in an amount not less than the estimated replacement cost of the building shall be obtained by the County and the City, which will insure the owners of the building in case of fire, catastrophe, or other damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay for the cost of such insurance based upon the allocation of County share of Fifty-two percent (52%) and the City share of Forty-eight percent (48%). Each Party shall pay for any insurance on its separately owned furniture, fixtures and equipment. Section Eight Portion and Method of Allocating Expenses of Operation and Maintenance Based upon action taken in September, 2023 by the City of Brookings and County of Brookings, respectively, Section Eight has been deleted in its entirety and replaced as follows: Each party shall pay for all costs of maintenance, repairs, utilities and capital replacement for its separate areas. The costs of maintenance, repairs, utilities and capital replacement of the building exterior, roof, heating and air conditioning systems, grounds, parking lot, audio and video equipment in joint-use spaces and common areas shall be allocated between the Parties based upon the allocation of the County's share at Fifty-two percent (52%) and the City's share at Forty-eight percent (48%). The City Manager and Commission Department Director shall have the administrative authority to approve operation and maintenance expenditures as described in this section which have been budgeted and which are within their respective budget authority.1 Section Nine Management of Common Areas Management and scheduling of the joint-use areas of the building shall follow the “Meeting Room & Common Space Usage Policy” (Exhibit “A”, attached) as established by the Government Center Advisory Committee. The County Commission and the City Council shall always have priority as to the use of the Commission/Council Chambers. Any fees generated by the use of the common areas of the building shall be applied to the costs of maintenance and upkeep of such common areas. Section Ten Personnel The City shall control the personnel and operations of its offices and the County shall control the personnel and operations of its offices, except as specifically agreed to within the terms of this 1 No other Sections of this Agreement were amended in September, 2023. 4 Agreement or any other agreement between the Parties. The County shall provide custodial/maintenance services for the building as needed throughout the normal workday hours and on an emergency basis. Wages for the county employee(s) shall be reimbursed to the County by the City quarterly and shall be based on the county employees’ hourly wage, benefits and number of hours they are at the facility based upon the allocation of the County’s share at Fifty-two percent (52%) and the City’s share of Forty-eight percent (48%). Section Eleven Disposition of Revenue Derived from Building In the event that there exists any revenues derived from the operations of the building, the County and City shall retain such revenues as are attributable to the space under its control. Section Twelve Termination This agreement shall continue until otherwise terminated by the parties by mutual agreement. Section Thirteen Partial Invalidity If any one or more of the provisions of this Agreement shall be held to be unenforceable in any respect, by final decree of any court of lawful jurisdiction, such unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto. Section Fourteen Agreement Open to Public Inspection/Publication of Proceedings This agreement shall be filed and copies hereof kept as an open record with the County Finance Officer and City Clerk and shall be open to public inspection. The publication and other procedures for Notice of Meetings, Meetings, including Agendas and Minutes of Meetings wherein the business of the Government Center Advisory Committee is conducted shall conform to the respective procedures of the County of Brookings and City of Brookings. Section Fifteen Amendments This agreement may be amended and supplemented from time to time by the action of the governing bodies of the County and City. This agreement is intended to amend previous agreements, and to the extent such agreements are inconsistent with this agreement, they are hereby repealed. Therefore, all other agreements in conflict herewith are hereby repealed. 5 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. _____________________________ _____________________________ Oepke G. Niemeyer, Mayor Larry Jensen, Chairperson, Brookings County Board of Commissioners ATTEST: ATTEST: _____________________________ ______________________________ Bonnie Foster, City Clerk Lori Schultz, County Finance Officer 6 Exhibit “A” Joint Powers Board, City and County of Brookings Meeting Room & Common Space Usage Policy 1) Brookings County shall develop its own individual policy governing the use of Rooms 103, 221, 215, and 332. The City of Brookings shall develop its own individual policy governing the use of Rooms 147, 241, and 242. 2) Room 300 (Community Room), Room 310 (Chambers), Room 312 (Executive Session Room), Rooms 340/341 (Conference/Break Room), and the first and second floor common spaces (hallways) shall be available to any committee, advisory board, commission, task force, or council whose establishment has been duly affiliated with, created, or authorized by the governing board of either the City or County of Brookings. Scheduling must occur through the appropriate City or County procedure. It is understood most of these scheduling demands will be standing meetings of each entity. 3) Meeting rooms referenced in #2 shall be available to any entity that is non-profit and whose purpose and mission is governmental, civic, charitable, fraternal, or educational in nature. Meetings held by the governing board of the City and County as well as those groups listed in #2 shall have priority. 4) It is preferred that usage occur within regular business hours. Events held in these spaces shall not disrupt regular business. An effort will be made to hold events in the first and second floor common spaces after hours when possible. Any group, other than those listed in #2, using a space during non-work hours shall be communicated between the City and County in advance of the event. 5) Users not listed in #2 must schedule the spaces by contacting either the Commission Department Director’s office or the City Manager’s office. 6) Users must return the condition of the space to the way they found it. Users will be responsible for their own set-up arrangements of the room. Users are responsible for clean-up and will be billed for any special cleaning necessary or any damage that occurred. As long as garbage is bagged, bags may be left for building staff to dispose. 7) Tables, chairs, flags, a lectern, and a podium are available. 8) Electronic equipment such as recording, teleconferencing, audio/visual is available and will be billed at an hourly rate for technical assistance for the use of such equipment. 9) Alcohol and tobacco are not permitted in the building. Food and other beverages are permitted. (See #6) 10) Users are responsible for the supervision of children when using the rooms. ADOPTED: Joint Powers Board, August 15, 2019 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0047,Version:1 Proclamation: Religion and Values Forum Day Summary and Recommended Action: Mayor Niemeyer will present a Proclamation recognizing the inaugural Religion and Values Forum on January 30, 2025 at the South Dakota Art Museum. Attachments: Proclamation City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, strong communities are built on understanding, dialogue, and a shared commitment to fostering respect and seeing the best in one another; and WHEREAS, the School of American & Global Studies at South Dakota State University is hosting a Religion and Values Forum to encourage civil discussions on values essential to citizenship and community life; and WHEREAS, this Forum seeks to bring neighbors together by hosting speakers that engage in thoughtful dialogue on important and often challenging issues of the day; and WHEREAS, the inaugural Forum, to be held on January 30, 2025, at 7:00 PM in the South Dakota Art Museum, will feature Dr. Kristin Renwick Monroe, a political scientist whose research explores the profound moral courage of individuals in times of crisis; and WHEREAS, events like the Religion and Values Forum bridge divides and strengthen the bonds of our community. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim January 30, 2025 as: RELIGION AND VALUES FORUM DAY IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 28th day of January, 2025. Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0040,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Claire Koenecke, will provide an update on SDSU happenings to the City Council and members of the public. Claire is currently a sophomore at SDSU and plans to graduate in May of 2026. She is double majoring in English and Political Science. As of right now, she plans on going into the education field upon graduation. Claire hopes to attend graduate school in the future with the goal of working in educational administration one day. As a Pierre native, she has been around politics her whole life and has been fortunate to observe politics at both a State and Local level from a young age. She served as a Legislative Page in the Senate in 2021 and in the House of Representatives in 2022. Claire thoroughly enjoyed her time spent as a Page and credits much of her interest in politics to the experiences she gained at the Capitol. At SDSU, Claire has served as a Senator At-large for both her freshman and sophomore years and is looking forward to serving as the Government Affairs Chair for this next term. Outside of her studies and Students' Association, Claire is also actively involved in the Honors College, LeadState, Taylor Swift Society, and she currently serves as the Parade Assistant Pooba for the Hobo Day Committee. The Students' Association is comprised of all General Activity Fee-paying students at South Dakota State University. The Students' Association Senate is the official student government organization at SDSU, consisting of 26 senators representing each of the academic colleges and the student body president and vice president. The Students' Association Senate serves as a representative body to bring the voice of SDSU students to university administration, faculty, staff, state legislators and the South Dakota Board of Regents of Higher Education. The Students' Association also allocates student fee funds to support various campus entities, facilities and many student organizations. SDSU SA Website:<https://www.sdstate.edu/students-association> City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0050,Version:1 Presentation: First Impressions Program Summary and Recommended Action: Visit Brookings, the Brookings Area Chamber of Commerce, and Downtown Brookings will provide a presentation to City Council outlining the First Impressions Program. The program is intended to swap two similar communities in order to help communities assess and develop opportunities and strategies for community improvement. Attachments: Memo Presentation Program Overview City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Laura Schoen Carbonneau, Visit Brookings Council Meeting: January 28, 2025 Subject: Presentation: First Impressions Program Presenter: Laura Schoen Carbonneau, Visit Brookings Kelsey Doom, Brookings Area Chamber of Commerce Kirsten Gjesdal, Downtown Brookings Summary and Recommended Action: Visit Brookings, the Brookings Area Chamber of Commerce, and Downtown Brookings will provide a presentation to City Council outlining the First Impressions Program. The program is intended to swap two similar communities in order to help communities assess and develop opportunities and strategies for community improvement. Item Details: Three Brookings economic development partners are working together to particip ate in the state’s inaugural First Impressions Program, run through the South Dakota State University Extension Office. Downtown Brookings, Visit Brookings, and the Brookings Area Chamber of Commerce have begun initial preparations. First Impressions is a program designed for community assessment and improvement. It gives communities a chance to learn about existing strengths and weaknesses through the eyes of a first-time visitor. The results of the program can serve as the basis for community action. Brookings has selected Aberdeen as our comparison city based on population and similarities in community offerings. Volunteers from each community will make an announced visit to the other community and then report on their findings. It is similar to a “secret shopper” program, but scaled larger so a larger sample of each community will be assessed. Once the visits have been completed and results compiled, they will be shared with city leaders and the broader community. Depending on findings, interest and funding opportunities, action may be suggested or taken to address any points identified through the process. 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.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement.  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: Brookings is proud to be part of the first program of its kind in South Dakota. As such, there are no fees paid to SDSU Extension. This equals a minimum value of $10,000 for Brookings. Supporting Documentation: Presentation Program Overview First Impressions Program How do we measure up? Considerations Partners Thank You Questions? First Impressions A program for community assessment and improvement SDSU Extension’s Community Vitality program helps communities assess and develop opportunities and strategies for community improvement. Through the First Impressions program communities can learn about existing strengths and weaknesses through the eyes of the first-time visitor. The results from a First Impressions visit can serve as the basis for community action. The final report and photographs can also be used as a way to document changes in the community over time. This tool is particularly useful because as a matter of human nature, all communities have difficulities viewing their surroundings as others – customers, visitors, potential residents, and potential businesses – see them. Our views are skewed by over-familiarization, a lack of differing perspectives, expectations, and a reluctance to be completely honest with our neighbors when dealing with difficult issues, such as the appearance of buildings, customer service, and the maintenance of public faciities. How does it work? Volunteers from two somewhat similar communities agree to make unannounced visits and then report on their findings. Participants become “secret shoppers” for the day to discover what they can about their sister community. Participants follow procedures and document their visit using a participant guide to record photos and comments. The guide, which ensures that evaluations and reports are thorough and uniform, is divided into the following sections: • Prior to your visit • The Five-Minute Impression • Community Entrances • Housing and Residential Areas • Education, Health, Social and Emergency Services • Local Economy • Government/Public Services • Recreation, Faith, Culture and Heritage • General Observations • Information from Community Residents • Wrap-up Following the visit, the First Impressions reports are compiled and exchanged with the sister community. A “town meeting” is arranged where results are shared with the broader community. This is typically done with a presentation which includes photos that illustrated observations made. Following the presentation of the report, action planning is the next step to identify specific issues to address and establish working committees. Be sure to include local officials and other community leaders throughout the entire First Impressions exercise. Their involvement will assist in achieving success in resolving the identified issues. Local media involvement is also an excellent way to motivate good actions as a result of the report. Who do we contact? For more information, contact a member of the SDSU Extension Community Vitality team: Kellie Kolb Kellie.Kolb@sdstate.edu 605-626-2870 Emily Kluin Emily.Kluin@sdstate.edu 605-782-3290 Peggy Schlechter Peggy.Schlechter@sdstate.edu 605-394-1722 Kara Harders Kara.Harders@sdstate.edu 605-882-5140 “First Impressions” was developed by the University of Wisconsin-Extension and adapted for use by K-State Research and Extension. Permission and guidance given to SDSU Extension by K State Research and Extension. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0049,Version:1 Presentation on the City of Brookings 2021 - 2026 Strategic Plan Online Dashboard. Summary and Recommended Action: Presentation on the City of Brookings 2021 - 2026 Strategic Plan Online Dashboard. Attachments: Strategic Plan Online Dashboard <https://performance.envisio.com/dashboard/cityofbrookings2820> 2021 - 2026 Strategic Plan City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Jacob Meshke, Deputy City Manager Council Meeting: January 28, 2025 Subject: Strategic Plan Online Dashboard Presenter: Jacob Meshke, Deputy City Manager Summary and Recommended Action: Presentation on the City of Brookings 2021 - 2026 Strategic Plan Online Dashboard. Item Details: In 2021, the City Council set the process for a five-year strategic plan. Annually, the Council reviews the document for revisions. The document has evolved to reflect the change in City Council and community. The City Council’s Strategic Plan is one of many documents which guide operations, policy, and strategy to attain the community’s dreams. The City Council most recently updated the Strategic Plan in April 2024. Up until now, the Strategic Plan has been maintained as a static Word document/PDF. Staff led an initiative to digitize the Strategic Plan into a dynamic, user-friendly, and interactive online dashboard. The online dashboard will be presented as an introduction of the platform to City Council and the public. Legal Consideration: None 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: None. Supporting Documentation: Strategic Plan Online Dashboard 2021 - 2026 Strategic Plan City of Brookings 0 | P a g e 2020 Budget Book APRIL 2024 2024 UPDATE k We aspire to be an inclusive, diverse, connected community that fosters creativity and innovation, sustainability, and a high-quality life for all. To provide a high-quality life through exceptional services and proactive solutions. CITY OF BROOKINGS, SOUTH DAKOTA Andrew Rasmussen City of Brookings 2021-26 Strategic Plan 1 |P a g e 2024 Update The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. GOAL 1: Review and update financial policies, procedures and processes. OBJECTIVES: Progress (% Complete) ALL Carry out ongoing continuous improvement. ALL Continuously review all open positions to assess alignment with organizational needs. FIN Document written procedures and centralize resources for critical processes. FIN Leverage technology to optimize budgeting and purchasing card processes. FIN Review, revise and implement comprehensive financial management and purchasing policies. HR Develop comprehensive compensation philosophy. PRF Update accounting of Dacotah Bank Center financials to align with City budgeting process. GOAL 2: Develop sustainable revenue and expenditure strategies. OBJECTIVES: Progress (% Complete) ALL Adjust CIP plan to account for equipment issues associated with aging flee t. CD Implement energy efficiency upgrades to facilities. CD Re-evaluate City properties to ensure appropriate replacement cost value. City of Brookings 2021-26 Strategic Plan 2 |P a g e 2024 Update FIN Leverage technology to optimize long-range planning and budget management. FIN Maintain and update Tax Increment Financing (TIF) revenues, project costs and projections. IT Implement enhanced cybersecurity measures. IT Upgrade network switch to improve network reliability and cybersecurity. IT Implement email archiving for quicker access and enhanced storage capacity. IT Implement surveillance cameras at City facilities to enhance security. IT Collaboratively implement audio/video upgrade plan for City & County Government Center. PD Complete site identification, design and construction of Public Safety Center. PD Identify backup E911 center location. PW Implement software technology to improve fleet maintenance. GOAL 3: Maintain financial integrity and transparency. OBJECTIVES: Progress (% Complete) FIN Create public-focused financial and budget reports. FIN Create executive summary in conjunction with Quarterly Finance Report. HR Annually review and analyze employee benefits to ensure long-term viability. HR Annually review and analyze City’s insurance program to ensure appropriate coverage level and cost-effectiveness. City of Brookings 2021-26 Strategic Plan 3 |P a g e 2024 Update 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. GOAL 1: Identify and develop programs. OBJECTIVES: Progress (% Complete) ALL Provide orientation to new members of volunteer boards in collaboration with chair and staff liaison. ALL Provide targeted training and development to volunteer boards. CD Develop connectivity standards for new developments. CM Revitalize neighborhoods that need safety, cosmetic and functional improvements. FD Exercise, revise and improve the existing Emergency Management Plan to enhance City response, efficiency and community safety. IT Integrate City facilities into organization-wide security software. LIB Provide inclusive and exceptional programming for all ages. LIB Host summer reading programs to support continuous learning LIB Meet community recreation, informational and learning needs through a well-curated collection. PD Implement drug (prescription meds) take-back program. PD Partner with SDSU to implement mounted ceremonial unit. PD Partner with Downtown Brookings to install interactive cameras. PRF Implement recommendations outlined in 2020-2030 Parks & Recreation Master Plan. PW Implement updated Winter Operations Plan. City of Brookings 2021-26 Strategic Plan 4 |P a g e 2024 Update PW Implement standards for street markers. PW Implement policy and process for acceptance of infrastructure. PW Implement integrated HVAC controls at the Street Division Facility. PW Enhance public outreach efforts for capital improvement projects and road closures/events. GOAL 2: Identify and develop places. OBJECTIVES: Progress (% Complete) ALL Install backup power generators to critical City facilities. CD Establish alternative Emergency Operation Center (EOC) with full backup power generation at City & County Government Center. CD Implement recommendations outlined in 2022 Brookings County Housing Study. LIB/ PRF Study potential renovation of Library and Activity Center to improve accessibility, functionality and community engagement. PRF Implement and educate the community on recommendations outlined in 2017 Bicycle Master Plan. PW Implement traffic calming improvements on Medary Avenue adjacent to SDSU. GOAL 3: Identify and develop community events. OBJECTIVES: Progress (% Complete) City of Brookings 2021-26 Strategic Plan 5 |P a g e 2024 Update GOAL 4: Increase inclusive community communication and engagement. OBJECTIVES: Progress (% Complete) ALL Update webpages in timely manner with accurate and helpful information and visuals to benefit all stakeholders. ALL Evaluate board seats, quorum counts and role/purpose of liaison members. CLK Implement volunteer board members management module. CLK Improve availability of City records for electronic public access. CM Expand and implement organization-wide training for culture-building. PD Expand social media outreach. PD Collaborate with SDSU on health and wellness initiative for BPD employees. PD Expand Community Service Officer Unit to cover code enforcement, parking, security, and animal control. PD Implement Police Department employee NIMS/FEMA/ICS job-specific supervision and leadership training. PIO Increase community and civic engagement opportunities for LT, Council and community members. PIO Increase awareness and use of EngageBrookings among community and staff. (duplicate?) PIO Develop crisis communication plan. PIO Improve City website accessibility and accuracy. City of Brookings 2021-26 Strategic Plan 6 |P a g e 2024 Update The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. GOAL 1: Enhance and streamline community and operational engagement policies and processes. OBJECTIVES: Progress (% Complete) CD Create development process flowcharts and education tools. CM Biannually review the City’s selected performance metrics for relevance and update as needed to align with industry best practices. CM Review City Charter every 10 years. CM Conduct final review and adoption of updated City Council policies. CM Engage local development community through Development Review Team. HR Develop a comprehensive supervisor/leadership training series. LIB Achieve voluntary Library accreditation through the South Dakota State Library. PD To achieve CALEA accreditation, review, repeal, replace, and add policies. PRF Review and complete the National Recreation and Park Association’s Commission for Accreditation of Parks and Recreation Agencies (CAPRA) self- assessment. PRF Review and complete National Council on Aging Senior Center Accreditation self-assessment and training. City of Brookings 2021-26 Strategic Plan 7 |P a g e 2024 Update GOAL 2: Establish intergovernmental relationships for policy-shaping efforts. OBJECTIVES: Progress (% Complete) ALL Serve on executive boards and committees of professional associations at state level. ALL Review and respond to legislation impacting Brookings. CM Build and strengthen relationships with elected officials. 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. GOAL 1: Create and implement master plans that ensure sustainable operations, services and programs. OBJECTIVES: Progress (% Complete) CD Implement 2018 Comprehensive Plan. PW Implement 2023 Solid Waste Master Plan. PW Develop 2024 Stormwater Master Plan. PW Complete 2024 Six Mile Creek Flood Feasibility Study. PW Complete update to 2011 Master Transportation Plan. PW Complete University Boulevard project to upgrade sanitary sewer and streetscape project. City of Brookings 2021-26 Strategic Plan 8 |P a g e 2024 Update GOAL 2: Develop sustainable practices, policies and training. OBJECTIVES: Progress (% Complete) CM Obtain sustainability certification for Sustainability Council staff liaison. FD Institute and evaluate effectiveness of small-battery recycling program. PW Host waste tire regional collection event, pending State funding, once every 3 years. PW Host annual household hazardous waste collection event. PW Implement a fee-for-service electronic-waste drop-off program. PW Complete operational training on pancake-lift process at Landfill. PW Implement recycled content policy for City office supplies. PW Implement encroachment permits and fees. City of Brookings 2021-26 Strategic Plan 9 |P a g e 2024 Update The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. GOAL 1: Support a dynamic economic development ecosystem. OBJECTIVES: Progress (% Complete) CM Implement 2023-27 Community Economic Development Master Plan. GOAL 2: Encourage continued development of commercial districts throughout the community. OBJECTIVES: Progress (% Complete) CD Evaluate zoning designations to ensure appropriateness of commercial uses. PW Construct improvements to Research Park sanitary sewer. GOAL 3: Implement strategies to bolster downtown development. OBJECTIVES: Progress (% Complete) CM Engage community, complete and implement 2024 Downtown Brookings Master Plan. City of Brookings 2021-26 Strategic Plan 10 |P a g e 2024 Update GOAL 4: Maximize potential of existing community assets to generate revenue. OBJECTIVES: Progress (% Complete) CM Partner with Visit Brookings to research future bid opportunities. GOAL 5: Evaluate and enhance economic development policies. OBJECTIVES: Progress (% Complete) CM Update TIF and sales tax grant policies for Council action. CM Draft and implement Triple Bottom Line policy. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-002,Version:1 Introduction and First Reading on Ordinance 25-002, an Ordinance Amending Chapter 94, pertaining to the creation of a new zoning district, Civic District, and associated supplemental regulations. Public Hearing and Action: February 11, 2025. Summary and Recommended Action: The City of Brookings is proposing amendments to the City’s zoning ordinances located in Chapter 94 pertaining to the creation of a new zoning district, Civic, and the related supplemental amendments to acknowledge the Civic district in the zoning ordinance. Attachments: Memo Ordinance Notice - City Council Notice - Planning Commission Planning Commission Minutes City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Mike Struck, Community Development Director Council Meeting: January 28, 2025 / February 11, 2025 Subject: Ordinance 25-002: Amendments to Chapter 94, pertaining to the creation of a new zoning district, Civic District, and associated supplemental regulations Presenter: Mike Struck, Community Development Director Summary and Recommended Action: The City of Brookings is proposing amendments to the City’s zoning ordinances located in Chapter 94 pertaining to the creation of a new zoning district, Civic, and the related supplemental amendments to acknowledge the Civic District in the zoning ordinance. The Development Review Team recommends approval. The Planning Commission voted 7-0 to recommend approval. Item Details: Staff is proposing the addition of a new zoning district, Civic (C) District. The Civic District is intended to provide for a district for public and civic buildings and large institutional uses which otherwise may not fit into other zoning districts because of their specialized land use needs and public purpose. The Comprehensive Plan identifies civic uses as a land use intensity on the Future Land Use Map. Civic zoning is focused on providing zoning regulations for many differe nt types of public, institutional, educational, and assembly uses. These uses are generally associated with larger land areas and structures due to the nature of the use and access to the facilities by the public. There are exceptions to the accessibility of the structures for a few uses such as public utility facilities, wireless communication facilities, and telecommunication facilities. The land uses are broken down by Permitted Uses, Permitted Special Uses, and Conditional Uses with yard setbacks and height regulations. The yard setbacks and height regulations are as follows:  Minimum Front Yard Setback: 20 feet  Minimum Side Yard Setback: 10 feet  Minimum Rear Yard Setback: 20 feet  Maximum Height: 60 feet As the Civic District is a proposed new district to be added to the Zoning Ordinance, there are a number of supplemental regulations which need to be amended to acknowledge the Civic District. These supplement regulations impacted include: Access drives Accessory buildings and uses More than one main building Accessory building location Fences, walls and hedges Landscaping Bufferyards Garbage receptacles Sign regulations In drafting the Civic District, research of other communities was conducted to determine appropriate uses, yard setbacks, and height regulations. Best practices recommend Civic uses should be held to the same or greater standard than private development. This can be accomplished through site plan reviews, corridor reviews, and often in the case of public facilities through community input. Legal Consideration: None. Strategic Plan Consideration:  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Ordinance Notice – City Council Notice – Planning Commission Planning Commission Minutes ORDINANCE 25-002 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BROOKINGS AND ADDING SECTION 94-140 – CIVIC C DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA that Chapter 94, Zoning shall be amended as follows: Section 1. Sec. 94-81. Districts designated (a) C Civic Sec. 94-140. – Civic C district. (a) Intent. This district is intended to provide for a district for public and civic buildings and large institutional uses that otherwise may not fit into other zoning districts because of their specialized land use needs and public purpose. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Civic C district. (c) Permitted uses. (1) Park, playground, neighborhood. (2) Public parking facility. (3) Public library or museum. (4) Public or parochial school. (5) Secondary school. (6) Post secondary school. (7 Church or similar place of worship, which may include a day care facility with such use confined to within the church worship and educational facility. (8) Governmental administration and services such as offices, firehouse, police, ambulance and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of heavy-duty maintenance vehicles, heavy equipment or supplies. (9) Vocational or trade schools. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (1) Park, community, special use. a. One of the frontages of the premises shall abut upon an arterial or collector street. (2) Public recreation facility or area. a. One of the frontages of the premises shall abut upon an arterial or collector street. (3) Public community center. a. One of the frontages of the premises shall abut upon an arterial or collector street. (4) Public utility facility. a. An opaque screen six feet in height located as far back as all setback lines that screen equipment, heavy equipment. The architecture of all buildings shall harmonize with the character of the neighborhood. b. Landscaping shall be provided between the setback lines and any front property line. (5) Cemetery. a. This use shall have a minimum of 40 acres a. An internal road network system with parking to be provided. b. Scattering areas or gardens are to be located within the interior of the property. (6) Day care facility as an accessory use to a Permitted Use listed in Section (c) above. a. A four-foot high transparent fence shall be constructed between the play area and the street if the play area is adjacent to any arterial or collector street. b. Pick-up and drop-off area shall be designed to minimize vehicle and pedestrian conflict points. c. Use shall be confined to within the primary building except for play areas. (7) Public transportation facility. a. Floor area of structures shall not exceed 3,000 square feet. (8) Hospital. a. One of the frontages of the premises shall abut upon an arterial or collector street. b. Parking areas shall be screened from adjacent residential uses. (e) Conditional uses. (1) Wireless communication facilities. (2) Telecommunication facilities. (3) Public campground. (f) Density, area, yard and height regulations. The C district regulations are as follows: Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Allowable Uses 20 feet 10 feet 20 feet 60 feet (g) Accessory uses. Accessory uses and buildings permitted in the C district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the C district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the C district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the C district shall be in conformance with the regulations set forth in article II of this chapter. Sec. 94-343. Access drives. (a) Business, civic and industrial districts. The following regulations shall apply t o all lots in the business, civic and industrial districts. Sec. 94-365. Accessory buildings and uses. (b) In the B-2, B-2A, B-3, B-4, C, I-1, I-1R and I-2 districts, accessory or maintenance buildings are limited to the following: Sec. 94-392. - More than one main building. Where a block, lot or tract is used for a business, commercial, civic, or industrial purpose, more than one main building may be located upon the block, lot or tract, but only when such buildings conform to all yard requirements (e.g. front, side, rear) of the district in which the block, lot or tract is located. Sec. 94-394. - Accessory building location. (b) An accessory building located upon a business, civic or industrial lot shall not be within five feet of any side or rear lot line. An accessory building shall maintain a front yard setback equal to or greater than the setback of the principal building. Sec. 94-398. Fences, walls and hedges. (c) In all business, civic, and industrial districts, fences up to eight feet in height may be erected within 20 feet of any front property line and up to any side or rear property line. Exception: Fences shall not be erected between a lot line and any areas required to be landscaped. This provision shall not prohibit the screening of outdoor storage of materials and inventory as required by other sections of this chapter. Sec. 94-399. Landscaping. (5) a. Business, civic and industrial uses shall provide a minimum ten-foot wide landscape area along any right-of-way and five feet along a side lot line. (6) b. Business, civic and industrial uses shall install plantings along foundations facing a public right-of-way. However, in business, civic and industrial districts, corner lots may incorporate the total required square footage of foundation plantings into a landscape area adjacent to the building foundation along the street right-of-way with the highest classification or at the primary entrance to the building. Sec. 94-399.1. Bufferyards. Table 1.1 Zoning of Abutting Land Proposed Buildings over 30 Feet in Height Proposed Buildings over 60 Feet in Height Solid Fence/Wall or Continuous Shrubs Zoning of Proposed Development R-1, R-1A, R- 1B, R-1C, R- 1D, R-2, R-3, R-3A, RMH R-1, R-1A, R- 1B, R-1C, R- 1D, R-2, R-3, R-3A, RMH R-1, R-1A, R- 1B, R-1C, R-1D, R-2, R-3, R-3A, RMH C Type B or Type G Type C or Type G N/A N/A Sec. 94-409. Garbage receptacles. Business, civic and industrial uses shall locate garbage receptacles in the rear or side yard only. If such receptacles are visible from any public right-of-way or residential district, they shall be screened from view by an opaque fence, enclosure, landscaping or other manner approved by the city. Sec. 94-473. Tables. Table 1 PERMITTED SIGNS BY TYPE AND ZONING DISTRICT Sign Type C Freestanding Area identification S Billboard N Bulletin board S Ground S Incidental(b) P Outdoor menu board N Pylon S Residential(d) N Building Awning N Awning, Electric N Building marker(e) P Canopy N Identification(f) P Marquee N Projecting N Roof N Roof, Integral N Suspended N Wall P Wall, Painted N Window N Miscellaneous Banner S Banner, Pole P(c) Flag P Inflatable(g) N Pennant(g) S Temporary P Table 2 MAXIMUM TOTAL SIGN AREA PER LOT BY ZONING DISTRICT AREA C Maximum total square feet 100 Maximum total square feet for lots with 2 or more frontage 200 Square feet of signage per linear foot of street frontage NA Square feet of signage per linear foot of street NA frontage for corner lots(d) Table 3 NUMBER, DIMENSIONS AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICT Sign Type C Freestanding Area (s.f.) 40(f) Height (ft.) 15(b), (g) Right-of-way setback (ft.) (c) 5 Number permitted per lot NA Number permitted per feet of street frontage(d) 1 for each frtg. Building Area (s.f.) NA Wall area (percent)(e) 10(f) Table 5 PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT Sign Characteristics C Electronic message display— EMD(b) P(c),(d) Changeable copy P Illumination, internal P Illumination, external P(e) Illumination, surface- lighted(e) N Neon N Nonilluminated P Reflective N Section 2. Any and all ordinances in conflict herewith are hereby repealed. FIRST READING: January 28, 2025 SECOND READING: February 11, 2025 PUBLISHED: February 14, 2025 CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94 for the addition of a new Civic zoning district and revisions to related supplemental regulations. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, February 11, 2025, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 29th day of January, 2025. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94 for the addition of a new Civic zoning district and related supplemental regulations. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, January 7, 2025, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 23rd day of December, 2024. Ryan Miller City Planner Planning Commission Brookings, South Dakota January 7, 2025 OFFICIAL MINUTES Vice Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, January 7, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Billie Jo Hinrichs, Kyle Jamison, Jacob Limmer, Roger Solum, Nick Schmeichel and Debra Spear. Scot Leddy was absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Jacob Mills and Lynn Darnell. Item #ID 25-0002 – The City of Brookings proposed an amendment to the City’s zoning ordinances located in Chapter 94 pertaining to the creation of a Civic zoning district to account for public tax - exempt facilities such as schools, churches, government facilities, etc. that do not typically fit well within standard residential zoning. The proposed ordinance includes updating existing ordinances to allow for the new zoning. (Schmeichel/Spear) Motion to approve amendment to the City’s zoning ordinances. Spear voted no. All others present voted aye. MOTION CARRIED. The meeting adjourned at 6:31 p.m. _______________________ ______________________________ Ryan Miller Jacob Limmer, Vice Chairperson OFFICIAL SUMMARY Item #ID 25-0002 – The City of Brookings proposed an amendment to the City’s zoning ordinances located in Chapter 94 pertaining to the creation of a Civic zoning district to account for public tax - exempt facilities such as schools, churches, government facilities, etc. that do not typically fit well within standard residential zoning. This amendment will also allow for smaller utility facilities. This will also create uniform guidelines for public spaces. The proposed ordinance includes updating existing ordinances to allow for the new zoning. This can narrow the speculation from the public for the developers. Public maintenance facilities are specifically prohibited to prevent them in residential areas. Schmeichel asked if this change would reclassify the zoning of all existing properties. Struck stated that the intent is to use this zoning for new construction moving forward and over time transition existing properties into the Civic District instead of residential districts. Hinrichs inquired if the Civic Zoning was the same as Civic classification on the Future Land Use Map. Struck explained that some areas are designated as Civic classification is not the same as Civic zoning. The airport has its own zoning district and the existing leases in the hangars would become nonconforming uses if it was rezoned but the golf course may be a candidate for Civic Zoning. Hinrichs inquired on the risks and benefits of implementing Civic Zoning to a neighborhood. Struck explained that the uses and lot area requirements do not change, height requirements are similar. Aiken asked if we would need to look at the Comprehensive Plan to allow civic zoning. Struck said there are many recommendations included in the plan so it would not need to be amended. Spear asked if there are structure footprint restrictions and if there were any parking requirements. Struck clarified, as long as setbacks, landscaping requirements and parking requirements are met, there is not a footprint requirement. Spear would anything not require parking. Lift stations, electrical substations and telecommunication facilities that are unstaffed for example, do not have requirements. Spear asked for new construction, how are parks currently zoned. Struck explained that the city does not currently have a park dedication ordinance. They work with developers to negotiate land dedication or purchasing land to designate a park in the area. The meeting adjourned at 6:31 p.m. _______________________ ______________________________ Ryan Miller Jacob Limmer, Vice Chairperson City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-001,Version:2 Second Reading and Action on Ordinance 25-001, an Ordinance accepting the Report of the Brookings City Charter Commission pursuant to Section 8.01 (c) of the Brookings City Charter, ratifying the formation of the Charter Commission, and setting the Election Date for Submission of the Proposed Charter Amendments to the voters of the City of Brookings. 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. The Charter Commission provides its final report for ordinance approval and public consideration in April. Attachments: Memo Ordinance Frequently Asked Questions Final Report Charter Changes - Summary Charter Changes - detailed list Charter - clean Charter - marked City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: January 14, 2025 / January 28, 2025 Subject: Charter Commission Final Report 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. The Charter Commission provides its final report for ordinance approval and public consideration in April. 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 seven public meetings from July through December. 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 In November 2024, the Charter Commission presented its recommended changes to the City Council and public. Based on comments heard the Commission had further discussion and adjusted sections for clarity. The revised Charter draft is now presented as the final report for voter consideration. The City Charter section 8.01 C. requires the adoption of report by ordinance for voter consideration. A public outreach campaign to inform the community and gather feedback will occur in February and March 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 Ordinance Frequently Asked Questions Final Report Charter Changes – Summary Charter Changes – detailed list Charter - clean Charter - marked ORDINANCE 25-001 AN ORDINANCE ACCEPTING THE REPORT OF THE BROOKINGS CITY CHARTER COMMISSION PURSUANT TO SECTION 8.01(c) OF THE BROOKINGS CITY CHARTER, RATIFYING THE FORMATION OF THE CHARTER COMMISSION, AND SETTING THE ELECTION DATE FOR SUBMISSION OF THE PROPOSED CHARTER AMENDMENTS TO THE VOTERS OF THE CITY OF BROOKINGS. I. WHEREAS, the Brookings City Charter Commission (hereafter also referred to as the "Charter Commission") was created for the purposes of reviewing the Brookings City Charter and proposing amendments to the Brookings City Charter by a Report to the City Council; and WHEREAS, the Charter Commission conducted its work over the past six months and received input from members of the public, including the City Council and representatives of the National Civic League. The Charter Commission prepared and submitted its Report to the City Council. The Report includes proposed amendments to the City Charter which are in a form sufficient to submit to the voters of the City pursuant to Section 8.02 of the Brookings City Charter; and WHEREAS, the City Manager facilitated the work of the Charter Commission and established a schedule for work sessions and assisted the Charter Commission in the performance of its tasks, and WHEREAS, the City Attorney also provided legal assistance to the Charter Commission and the City Clerk provided necessary records to the Charter Commission as required. Staff of the City also provided input helpful to the Charter Commission. NOW THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Brookings, South Dakota, as follows: A. The formation and appointments to the Brookings City Charter Commission are hereby ratified. The Brookings City Charter Commission has performed its work consistent with Resolution 24-060 and the Recitals set forth herein; and B. The Report of the Brookings City Charter Commission has been received and accepted by the City Council as provided in Resolution 24-060; and C. The Election Date for the submission of the Proposed Amendments to the City Charter as set forth in the Report of the Charter Commission shall be April 8, 2025. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: January 14, 2025 SECOND READING: January 28, 2025 PUBLISHED: January 31, 2025 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 1 FAQ for the Brookings City Charter Revision Process City Charter and Home Rule Charter Explained What is a City Charter? A City Charter serves as a city's constitution, outlining the structure, powers, and responsibilities of the local government. It is created and adopted by the city's citizens. Why is a City Charter important? • It explains what elected officials and city departments are supposed to do • Makes sure the local government is responsible and answers to the people • Ensures that local rules match state laws and what the community needs • Reflects the community’s values Why does Brookings have a City Charter? Brookings adopted a City Charter to establish a clear governance framework and ensure that local policies align with community priorities. What is a Home Rule Charter? Home Rule means that local governments (like cities or towns) can make their own rules and decisions about local issues, as long as they don't break state laws. It's allowed by the state’s constitution or laws and helps local leaders handle local matters without needing constant approval from the state government. This way, the state and local governments can work better together. When and why did Brookings become a Home Rule Community? In November 2002, Brookings became a Home Rule Community in South Dakota to ensure a more responsive government to community needs rather than relying on one-size-fits all state laws. This gave Brookings more control over what happens in the community - with expanded legislative powers and financial flexibility - so it can make more of its own decisions without always needing approval from the state . Why is Home Rule important? • Gives a basic guide for making local decisions • Reduces how much the state can interfere with local matters • Helps the state and local governments work together better What other cities in South Dakota have a Home Rule City Charter? • Aberdeen • Beresford • Elk Point • Faith • Fort Pierre • Pierre • Sioux Falls • Springfield • Vermillion • Watertown 2 Brookings City Charter Commission How was the City Charter Commission selected? The commission responsible for revising the City Charter was not handpicked. The selection process followed these steps: • Nominations of potential commissioners were made by the Mayor, council and city staff • Final Selection: The commission members were chosen by city council based on their qualifications, experience, and commitment to public service. What was the criteria for commission selection? The following criteria were applied: • A commitment to transparency and public service • Expertise in legal knowledge, government structures, community values, historical understanding of the charter’s origins and intent • Representation of various community sectors (e.g., public, private, nonprofit, community) • Availability for public meetings and discussions When was the Charter Commission appointed? • The most recent Charter Review Commission for Brookings was created on June 25, 2024 Public Engagement in the Process All meetings regarding the charter revisions were open to the public, ensuring transparency and encouraging community involvement. Upcoming Public Meeting • Date: January (specific date TBD) • Location: Chamber of Commerce • Presenters: David and Lisa, supported by commissioners • Format: Saturday morning and/or evening session • Additional Features: o Televised and recorded for public access o News media invitations Charter Amendments Summary • Preamble: Updated to reflect the charter purpose and values of the community. • Intergovernmental Relations: Revised for clarity and modern relevance. • Limitations: Outdated provisions removed. • Transition Language: Removed language no longer applicable. • Clerk (2.08): Updated language for current practices. 3 • Investigations (2.09): Clarified procedures. • Codification (2.16): Ensures charter review every 10 years. Article III: City Manager • Section 3.01: Clarified residency requirements. • Section 3.02: Updated removal and resignation procedures. • Section 3.04: Expanded powers and duties. Article IV: Departments, Offices, and Agencies • Section 4.02: Revised City Attorney’s responsibilities. Article V: Financial Procedures • Section 5.03: Budget guidelines updated to enhance procedure and transparency. • Section 5.04: Process on council action on budget clarified. • Section 5.05: Streamlined appropriation processes. • Section 5.07: Enhanced administrative and fiduciary oversight. • Section 5.08: Modernized budget administration. • Section 5.09: Reinforced public record access. Article IX: Charter Amendment • Section 9.01 (a): Updated amendment procedures. Article X: Transition/Severability Provision • Removed outdated transition language. Other Questions: Do we have to wait every 10 years after each charter review to change the City Charter? No. Provisions in the City Charter allow for charter changes in between reviews through the following methods: 1. By ordinance: The City Council can propose amendments through an ordinance, except for certain sections specified in the charter 2. By Charter Commission: The City Council can create a Charter Commission to review and propose amendments 3. By citizen petition: At least 10% of voters who participated in the last gubernatorial election can initiate a petition to adopt or amend the charter Process Details to Change the Charter • For changes proposed by ordinance or Charter Commission, an election must be held for voters to approve the amendments • Amendments become effective 30 days after the canvass of votes if approved by a majority of voters 4 • The Charter Commission, when established, works independently of the City Council and submits a report with proposed amendments • It's important to note that while Brookings has home rule status, any charter amendments must still comply with the South Dakota Constitution and general state laws 1 City of Brookings, South Dakota Final Report to the City Council City Charter Revision Project Final Report Submitted by the National Civic League on behalf of the Brookings City Charter Commission January 2025 2 City of Brookings 2024 Charter Review Report Introduction The City of Brookings adopted a Home Rule Charter, which was approved by voters on November 5, 2002, to establish a more representative and effective government. This charter granted the city greater autonomy in local governance, enabling a tailored and efficient administration. Combining the leadership of elected officials with the professional expertise of an appointed City Manager, the charter has served as the city’s foundational governance document since its adoption. In 2024, the City of Brookings initiated a charter review process to ensure the document remains effective, relevant, and responsive to the community's needs. Regular reviews of the charter provide an opportunity to evaluate policies, identify areas for improvement, and align with changes in state laws, community values, and administrative practices. Role of the National Civic League To guide this process, the City Council retained the National Civic League (NCL), the nation’s oldest good government organization, founded in 1894 as the National Municipal League. The League introduced the first Model City Charter in 1900 to address corruption and ensure efficiency in local governance. Brookings’ original 2002 City Charter was based on this Model City Charter, which is now in its ninth edition and recognized globally as the standard for the council-manager form of government. The League’s expertise helped ensure that the review process promoted transparency, accountability, and efficiency in governance while fostering community involvement and trust. The City Charter Commission The City Council appointed a City Charter Commission comprising a diverse group of residents representing private, public, nonprofit, and community sectors. The commission members brought expertise in legal knowledge, government structures, community values, and historical understanding of the charter’s origins and intent. Commission Members The City Council appointed the following Brookings residents to the City Charter Commission. David Gilbertson was elected Chair, and Dr. Lisa Hager was elected Vice Chair during the first meeting by commission members: • David Gilbertson, Chair • Dr. Lisa Hager, Vice Chair • Bob Burns • Keith Corbett • Van Fishback 3 • Jeanne Manzer • Dianne Nagy • Ashley Ragsdale • Gail Robertson • Roger Solum • Tom Yseth These volunteer members, working without compensation, collaborated to ensure integrity and transparency throughout the review process. Responsibilities The commission was tasked with: 1. Reviewing the existing Brookings City Charter and its government structure. 2. Understanding government procedures and their relationship to the charter. 3. Ensure the desired principles of local government are built into the charter amendments. 4. Identifying areas for review and explaining the rationale behind those reviews. 5. Defining desired outcomes for charter changes. 6. Drafting clear, accessible amendments. 7. Conducting the commission work with integrity so residents view the outcomes as credible. 8. Engaging with the community and encouraging public participation. Commission members took their responsibilities seriously and freely brought up different points of view to be discussed among the membership. Throughout the process, the dialogue remained highly civil as members listened to each other and worked toward an agreement that all members could live with and support. Charter Review Process The process began in June 2024, with the National Civic League interviewing council members and department directors to gather input on areas needing review. Key areas identified for review included diversity, equity, and inclusion; land use; public engagement; eligibility for elected office; and financial procedures for transparency and efficiency. Key Values and Principles The commission identified principles of local government that would guide their work: Internal Values and Principles (in how City Government operates): • Operational efficiency and fiscal responsibility • Responsiveness to community interests • Public service integrity • Accessible and convenient elections 4 External Values and Principles (in how City Government works with the community it serves): • Fairness and non-arbitrary treatment of interests • Citizen involvement through commissions and committees • Transparency and accountability • Active public engagement These principles informed the commission’s approach to reviewing and updating the charter throughout the process. Community Participation Beyond the City Charter Commission As noted earlier, the charter commission was comprised entirely of Brookings community residents. City Charter Commission meetings were publicized and open to residents, with opportunities for input. Key contributions from community members who attended meetings included: • September 19, 2024: Lawrence Novatny supported adding “sex and gender identity” to Article VII, Section 8.02 to align with the city’s nondiscrimination ordinance. This recommendation was unanimously approved. • December 16, 2024: Mike McClemans and Zeno Wicks advocated for greater City Council involvement in the appointment process for the City Clerk and City Attorney. The commission clarified that collaborative hiring and supervision was a core principle of the proposed amendments in these areas. Key Updates and Changes Through their work, the commission identified and implemented several significant updates: Structural and Governance Updates 1. Appointment Processes: o Clarified collaboration between the City Manager and City Council in appointing the City Clerk and City Attorney. o Defined the City Manager’s supervisory role in consultation with the City Council. 2. City Manager Residency Requirement: o Added a residency requirement for the City Manager to ensure local awareness and accountability. Operational Improvements 1. Financial Procedures: o Enhanced transparency and efficiency in budgeting by updating submission dates, required information, public hearings, and amendment/adoption processes. 5 2. Inclusivity: o Incorporated “inclusive community participation” as a foundational principle in the preamble to emphasize its overarching importance throughout the document. 3. Terminology Updates: o Modernized language (e.g., replacing “handicap” with “disabled”). 4. Charter Review Frequency: o Established a decennial review process while providing flexibility for updates as needed. 5. Council Interaction with Staff: o Maintained the current policy requiring council members to communicate with staff through the City Manager rather than include it in the city charter. Policy-Specific Decisions 1. Diversity, Equity, and Inclusion: o Integrated with the term inclusiveness in the preamble as a key part of “inclusive community participation” as an integral part of effective and trusted governance. This was also addressed in Article VIII – General Provisions. 2. Land Use: o Determined to be best addressed in ordinances and policies to allow adaptability. 3. Public Engagement: o Incorporated throughout the charter (e.g., preamble, referendum, budget), with specific approaches delegated to ordinances and policies. 4. Wards and Representation: o Retained the current system due to its current effectiveness, with provisions for future review as the city grows. 5. Felony Disqualification for Office: o No changes were needed, as state law governs eligibility once civil rights are restored. Overall, the City Charter revision effort turned out to be more of a cleanup and update of the 2002 City Charter. There were no large or consequential changes made. Next Steps This report, with its accompanying addendums, will be submitted to the City Council for action on January 16, 2025. Once approved, the revised City Charter will be given to the City Clerk and City Attorney as they prepare the ballot measure that will be voted on at the April 8, 2025, election. Concurrently, the City Charter Commission will commence on a multi-faceted community outreach effort with the first public meeting scheduled for January 2025. This meeting will include targeted invitations as well as an open invitation to the public. 6 Additional outreach efforts will include: • Videos featuring commission members to be shared on the city’s cable channel, website, and social media platforms. Links to current videos to date: o Brookings City Charter (short): https://youtu.be/SKmyHTxtH20 o Chair David Gilbertson – review of the process and outcomes: https://youtu.be/KmrtfaE3PLs o Commission Member Dianne Nagy: https://youtu.be/5aGtiNq1SF0 o Commission Member Bob Burns: https://youtu.be/QFaEMkWkRDw • Articles and op-eds on the charter process and updates. • Presentations to community organizations and groups. • Press releases and social media campaigns with QR codes for easy access to information. • Posters placed in public spaces, such as libraries. • Media coverage, including interviews with commission chairs. • Additional public forums, as needed. Conclusion The 2024 City of Brookings charter review reflects a commitment to maintaining an effective, transparent, and inclusive local government. Through collaboration among the Charter Commission, National Civic League, and the community, the updated charter aligns foundational principles with the evolving needs of Brookings residents. This periodic review process fosters trust, adaptability, and accountability in local governance. Addendums 2024 Marked (red-lined) City Charter 2024 Unmarked City Charter Summary of Changes Edit List – List of all the Revisions Summary of City of Brookings Charter Revisions This is a summary of the proposed amendments to the City Charter: 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's appointment process to involve recommendation by the City Manager and confirmation by the Council. Added supervision by City Manager in consultation with City 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. Added supervision by City Manager in consultation with City Council. 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" in the 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. 1 Brookings City Charter Updates as agreed to by the Brookings City Charter Commission December 2024 Preamble Add: “The city will treat Inclusive citizen participation as an integral part of effective and trusted governance.” Article I – Powers of the City • Section 1.03 Intergovernmental Relations o Replace BCC 1.03 with MCC 1.03 (below): ▪ Section 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. Section 1.04 – Limitations o Remove Article II – City Council • Section 2.04 – Compensation o Remove first sentence regarding salaries • Section 2.08 – Clerk o Replace first two sentences with: “The City Manager shall recommend the appointment of a City Clerk, subject to advice and confirmation by the City Council. The Clerk will be supervised by the City Manager in consultation with the City Council.” • Section 2.09 – Investigations o Add a third party to conduct the investigation. o Replace “make” with “authorize” • Section 2.16 – Authentication and Recording; Codification; Printing. o Insert a new (c) City Charter Review, that says: “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. o Make the current (c) into a new (d) Article IIA – City Manager (Renumber as Article III) • Renumber as Article III • Section 2A.01 – Appointment; Qualifications; Compensation. 2 o Require residency with 90 days transition (more if approved by council). o Third sentence: Strike “as a city manager or assistant city manager.” • Section 2A.02 – Removal o Add resignation as an option • Section 2A.04 – Powers and Duties of the City Manager o Change “five-year” to “ten-year” in subsections 6-7 o Replace subsection #8 of BCC with subsection #8 of MCC (below) ▪ MCC #8: Keep the city council fully advised as to the financial condition and future needs of the city; o Subsection #13– strike and replace with “Update City Council on all matters of the city.” o BCC 2A.04 #11 – Change “the Clerk” to “Finance Director” o BCC 2A.04 #12 – Change to “Oversee and assert final authority over operations and decisions regarding personnel.” o Add MCC subsections 11-13 ▪ 11. Assist the council to develop long term goals for the city and strategies to implement these goals; ▪ 12. Encourage and provide staff support for partnerships with community organizations and for regional and intergovernmental cooperation and equitable programming; ▪ 13. Promote partnerships among council, staff, and community members in developing public policy and building a sense of community. Article IV (former Article III) – Departments, Offices and Agencies • Section 3.02 – Legal Officer o Replace the first sentence “There shall be a legal officer of the City Appointed by the City Council” with: “The City Manager shall recommend the appointment of a City Attorney, subject to advice and confirmation by the City Council. The City Attorney will be supervised by the City Manager in consultation with the City Council.” o Add “The city attorney must be a licensed attorney in South Dakota.” Article V (former Article IV) – Financial Procedures • Section 4.02 – Submission of Budget and Budget Message o Change to “On or before the 30th day of September each year, the City Manager shall….” • Section 4.03 – Budget o Highlights refer to new language approved by the Charter Commission o Second Sentence, change to the following: ▪ 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 3 service, for the ensuing fiscal year, and shall be so a rranged 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 preceding fiscal year. o Add a subsection #3: ▪ 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. • Section 4.04 – City Council Action on Budget o Change to the following: ▪ a. Budget Hearings. The City Council may schedule shall hold at least one public hearings at appropriate times and may direct changes in the City Manager’s proposed budget. 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. ▪ Add a new: b. Amendment Before Adoption. After the public 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. o 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. o Add a new 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, in a web site. • Section 4.05 – Appropriation and Revenue Ordinance o Strike existing BCC 4.05 (a) and (b) and replace with: ▪ To implement the adopted budget, the City Council shall adopt, prior to the beginning of the fiscal year: 4 (a) an appropriation ordinance making appropriations by department or major organizational unit department, fund, service, strategy, or other 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. • Section 4.06 (c) Reduction of Appropriations o First sentence, change “…any remedial action taken by the Council and recommendations…” to “…any remedial action taken by the City Manager and recommendations…”; • Section 4.07 – Lapse of Appropriations o Remove BCC 4.07 – Lapse of Appropriations and replace with the following; o “Section 4.07 – Administration and Fiduciary Oversight of the Budget. The City Council shall provide by ordinance the procedures for administration and fiduciary oversight of the budget.” • Section 4.09 – Overspending of Appropriations Prohibited. o Remove this whole 4.09 section – Part of state law (SDCL 9-21-9), is not in MCC and is redundant • Section 4.10 – Public Records o Change to: ▪ Section 4.08 – Public Records. “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 official web site.” Article VI (former Article V) – Elections • No changes Article VII (former Article VI) – Brookings Municipal Utilities and Brookings Municipal Hospital • No changes Article VIII (former Article VII) – General Provisions 5 • Section 7.02 – Prohibitions o Subsection 7.02 (a)(1): Add “employed” to first sentence to read: ▪ No person shall be employed, appointed to, or removed from, or in any way favored or discriminated against…” o Subsection 7.02 (a)(1): Change “handicap” to “disability”. o Subsection 1: Add “sex and gender identity”. Article IX (former Article VIII) – Charter Amendment • Section 8.01 – Proposal of Amendment o Subsection (a) change to: ▪ In the manner provided by law, initiative and referendum, or • Section 8.02 – Election o Second sentence – replace “one or more newspapers” with “the news media”. Article X (former Article IX) – Transition/Separability Provision • Section 9.05 – Schedule o Remove – no longer relevant Page 1 of 16 CITY OF BROOKINGS CHARTER 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 inclusive community 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. Sec. 1.04. 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 Page 2 of 16 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. 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. 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 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 term 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. Page 3 of 16 (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. 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 8.02 of this Charter. 3. Fails to maintain residency within the city limits. 4. Is convicted of a felony. 5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during a fiscal year, or three consecutive regular meetings of the Council, without being excused by the Council. (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. Page 4 of 16 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. Sec. 2.08. Clerk. The City Manager shall recommend the appointment of a City Clerk, subject to advice and 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 authorize 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. For 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 punishable by a fine and shall be subject to legal and equitable remedies as established by 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. Page 5 of 16 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 this Charter or the preceding sentence and in Section 2.06 of this Charter, 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). 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, 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 Page 6 of 16 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 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. 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 established by the Council. The term "City Council" or "Council" 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 Charter amendments shall be distributed or sold to the public at reasonable prices as established by Page 7 of 16 the Council. The ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or addition to the provisions of the Constitution and other laws of the State of South Dakota, or the codes of technical regulations and other rules and regulations included in the Code. ARTICLE III. CITY MANAGER Sec. 3.01. 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. The Manager need not be a resident of the City or the State 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 Council. Sec. 3.02. 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 will 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 resign. The City Manager shall continue to receive full salary until the effective date of a final resolution of removal or resignation. Sec. 3.03. 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 Manager's temporary absence or disability. The City Council may revoke such designation at any time and appoint another officer of the City to serve until the City Manager returns. Sec. 3.04. 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 Manager's charge by or under this Charter. The City Manager shall: Page 8 of 16 1. Appoint and, when necessary in their discretion, suspend or remove all city employees and appointive administrative officers provided for by or under this Charter. The City Manager may authorize any administrative employee or officer subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in that employee or officer's department, office or agency; 2. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; 3. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion but shall not vote; 4. See that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the City Manager's direction and supervision, are faithfully executed; 5. Prepare and submit the annual budget and capital program to the City Council; 6. Submit updates annually on the date specified by the City Council a ten-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 ten-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 City; 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. Sign all warrants for the payment of money, and the same shall be countersigned by the Finance Director, 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; 11. Oversee and assert final authority over operations and decisions regarding personnel; 12. Update the City Council on all matters of the City; 13. Assist the City Council to develop long term goals for the City and strategies to implement these goals; 14. Encourage and provide staff support for partnerships with community organizations and for regional and intergovernmental cooperation and equitable programming; 15. Promote partnerships among the City Council, staff and community members in developing public policy and building a sense of community; 16. Provide staff support services for the Mayor and Council members; and 17. Perform such other duties as are specified in this Charter or as may be required by the City Council. ARTICLE IV. DEPARTMENTS, OFFICES AND AGENCIES Created: 2024-07-17 14:48:21 [EST] (Supp. No. 17) Page 9 of 16 Sec. 4.01. 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. 4.02. City Attorney. The City Manager shall recommend the appointment of a City Attorney, subject to advice and confirmation by the City Council. The City Attorney will be supervised by the City Manager in consultation with the City Council. The City Attorney 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. 4.03. 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 public records. ARTICLE V. FINANCIAL PROCEDURES Sec. 5.01. Fiscal Year. The fiscal year of the City shall begin on the first day of January and end on the last day of December. Sec. 5.02. Submission of Budget and Budget Narrative. On or before the 30th day of September of each year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and a budget narrative. Page 10 of 16 Sec. 5.03. 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, 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. 5.04. City Council Action on Budget. a. Budget Hearings. The City Council shall hold at least one public hearing on the proposed budget 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. b. Amendment Before Adoption. After the public 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, on the City’s official web site. Sec. 5.05. Appropriation and Revenue Ordinances. To implement the adopted budget, the City Council shall adopt, prior to the beginning of the Page 11 of 16 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. 5.06. Amendments After Adoption. a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. b. Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2.14 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 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. Page 12 of 16 Sec. 5.07. Administration and Fiduciary Oversight of the Budget. The City Council shall provide by ordinance or resolution the procedures for administration and fiduciary oversight of the budget. Sec. 5.08. Administration of Budget. The City Council shall provide by ordinance or resolution the procedures for administering the budget. Sec. 5.09. Public Records. 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. 6.01. 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. Sec. 6.02. Initiative and Referendum. The powers of initiative and referendum are hereby reserved to the electors of the City. The provisions of the election law of the State of South Dakota, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter. ARTICLE VII. BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL Page 13 of 16 Sec. 7.01. 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. 8.01. 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. 8.02. 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, disability, religion, country of origin, or political affiliation. 2. No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. 3. No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render, or pay any Page 14 of 16 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 provision. Violation of this section shall be grounds for discharge or other disciplinary action. b. Penalties. Any violation of this section shall be sufficient cause for the suspension, demotion, or termination of the employment of any City employee found to be in violation of this section. The City Council shall establish by ordinance such further penalties as it may deem appropriate. ARTICLE IX. CHARTER AMENDMENT Sec. 9.01. 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 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. 9.02. Election. Upon delivery to 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 Page 15 of 16 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 news media 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 State election law. Sec. 9.03. 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 provided in the amendment, or if no time is provided therein, 30 days after the initial canvas certifying its adoption by the voters. ARTICLE X. TRANSITION/SEVERABILITY PROVISION Sec. 10.01. Officers and Employees. a. Rights and Privileges Preserved. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. b. Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter or any amendment thereof takes full effect, a City administrative officer or employee holds any office or position which is or can be abolished by or under this Charter, they shall continue in such office or position until the effective date of a specific provision under this Charter directing that they vacate the office or position. c. Personnel System. An employee holding a city position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in Article III. Sec. 10.02. Departments, Offices and Agencies. a. Transfer of Powers. If a City department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated in this Charter or, if this Charter 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 Page 16 of 16 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. 10.03. 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, conducted or addressed by the City department, office or agency appropriate under this Charter. Sec. 10.04. State and Municipal Laws. 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.10.05. 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 this Charter or any of its provisions to any person or circumstance is held invalid, the application of this Charter and its provisions to other persons or circumstances shall not be affected thereby. Page 1 of 19 CITY OF BROOKINGS CHARTER 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 advice and 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 advice and 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. Created: 2024-07-17 14:48:21 [EST] (Supp. No. 17) Page 11 of 19 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 Page 12 of 19 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 Page 13 of 19 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 Formatted: Font: (Default) Times New Roman, 12 pt Created: 2024-07-17 14:48:21 [EST] (Supp. No. 17) Page 14 of 19 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. Page 16 of 19 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 Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-010,Version:1 Public Hearing and Action on Resolution 25-010, a Resolution of Intent to Lease Real Property located at the Brookings Regional Airport. Summary and Recommended Action: Staff recommends approval of the proposed Resolution, which will authorize the City to award the bid and enter into a lease agreement with Cole Hauge for the Brookings Regional Airport Hay Lease in Sections 26, 27 and 28, T110N, R50W, in the City of Brookings (314 acres). Attachments: Memo Resolution Notice Map City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Lucas Dahl, Airport Manager Council Meeting: January 28, 2025 Subject: Resolution 25-010: Intent to Lease Real Property to Cole Hauge, for 314 acres of public land for agricultural haying in Sections 26, 27 and 28, T110N, R50W (Brookings Regional Airport) Presenter: Lucas Dahl, Airport Manager Summary and Recommended Action: Staff recommends approval of the proposed Resolution, which will authorize the City to award the bid and enter into a lease agreement with Cole Hauge for the Brookings Regional Airport Hay Lease in Sections 26, 27 and 28, T110N, R50W, in the City of Brookings (314 acres). Item Details: The City owns a parcel in Sections 26, 27 and 28, T110N, R50W (Brookings Regional Airport). The City has bid the hay lease for this parcel approximately every two (2) years. The lease is for 1-year, with an option to extend for 2 additional 1-year terms. The City leases the property for haying operations, which provides additional revenue for airport operations, as well as weed control. A bid letting was conducted at 1:30 p.m. on Tuesday, January 7, 2025, and the following bids were received: Cole Hauge $120.50 per acre Eric Werre $102.75 per acre Notice of Public Hearing was published on January 17, 2025. Legal Consideration: The City Attorney will review the proposed lease before execution. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: The City will enter into a 1-year lease with Cole Hauge for the high bid of $120.50 per acre for 314 acres, resulting in the annual payment of $37,837.00. Revenues from the lease will be allocated to Fund 606 - Airport. The lease may be renewed for 2 additional 1-year terms for 2026 and 2027. Supporting Documentation: Resolution Notice Maps RESOLUTION 25-010 RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO COLE HAUGE FOR AGRICULTURAL HAYING IN SECTIONS 26, 27 AND 28, T110N, R50W, IN THE CITY OF BROOKINGS (BROOKINGS REGIONAL AIRPORT) WHEREAS, the City of Brookings owns designated hay land, consisting of three hundred Fourteen (314) acres more or less, in Sections 26, 27 and 28, T110N, R50W, in the City of Brookings, Brookings County, South Dakota; and WHEREAS, the governing body of the City of Brookings, South Dakota, intends to enter into a lease agreement with Cole Hauge for a period of 1-year, commencing January 28, 2025 and ending December 31, 2025, with Cole Hauge having the option to extend the Lease for 2 additional 1-year terms for 2026 and 2027; and WHEREAS, the Lessee will pay the City One Hundred Twenty Dollars and Fifty Cents ($120.50) per acre for the hay land (total amount of: $37,837.00) with the first half payable on July 1st of each year and the second half payable on November 1 st of each year; and WHEREAS, a Public Hearing on this Resolution was held on January 28, 2025 at 6:00 o’clock p.m. in the Chambers at the Brookings City and County Government Center , and all persons were given an opportunity to be heard on the intent to lease real property. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings enter into a Lease Agreement with Cole Hauge as set forth above; and B. The City Manager or his designee is authorized to execute the Lease Agreement in accordance with this Resolution. Passed and Approved this 28th of January, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________ Bonnie Foster, City Clerk Notice of Public Hearing On Adoption of Resolution Of Intent To Lease Real Property at Sections 26, 27 and 28, T110N, R50W (Brookings Regional Airport) Notice Is Hereby given that on Tuesday, January 28, 2025 at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers, Brookings City and County Government Center, 520 3rd Street, Brookings, South Dakota, on Resolution of Intent to Lease to Cole Hauge the following property: 314 acres of public land for agricultural haying, in Sections 26, 27 and 28, T110N, R50W (Brookings Regional Airport) in the City of Brookings, Brookings County, South Dakota. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above-described property. Dated this 17th day of January, 2025. Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692- 6281 at least 48 hours prior to the meeting. Published ___ time(s) at an approximate cost $___________. tetetexttexttexttextte xttext3RD STDE E R L N3RD ST S4TH ST S1ST ST SC RYS T AL R I D G E R D8TH ST SW 16 T H AVE10TH ST WW 2ND ST SRAILROAD STW E S T ERN A V E DIV I S I O N A V EFRONT STFRONT ST4TH STW E S T E R N A V E S WES TER N A V E SON AKA TR L W 6TH STHENRY AVEHENRY AVE 7TH ST1 S T AVE S 5THST S2 N D AVEMAIN A V ERD AVE MA I N A V E S WILSON AVE R E GENCY CTREGENCY CTW 8TH ST SW 8TH ST S1 S T A V E5TH AV E 5TH ST8TH ST W2ND ST SW US HW Y 14W 1 6 T H A V E S6TH ST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-004,Version:1 Public Hearing and Action on Resolution 25-004, a Resolution of Intent to Lease Real Property (City Hay Land located at Main Avenue South and 32nd Street South). Summary and Recommended Action: Staff recommends approval of the proposed Resolution to allow the City to award the bid and enter into a lease agreement with Eric Werre for the City Hay Lease in Section 11-T109N-R50W for 2025 with the option to renew for 2 additional 1-year terms for 2026 and 2027. Attachments: Memo Resolution Notice Map City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Lucas Dahl, Airport Manager Council Meeting: January 28, 2025 Subject: Resolution 25-004: Intent to Lease Real Property to Eric Werre, for 18 acres of public land for agricultural haying in the Northeast ¼ of Section 11-T109N-R50W Presenter: Lucas Dahl, Airport Manager Summary and Recommended Action: Staff recommends approval of the proposed Resolution to allow the City to award the bid and enter into a lease agreement with Eric Werre for the City Hay Lease in Section 11-T109N-R50W for 2025 with the option to renew for 2 additional 1-year terms for 2026 and 2027. Item Details: The City owns a parcel in the Northeast ¼ of Section 11-T109N-R50W, which is located south of 32nd Street South and east of Main Avenue South. The City has bid the hay lease for this parcel approximately every 2 years. This year the hay lease is for 1-year, 2025, with an option to renew for 2 additional 1 -year terms for 2026 and 2027, if agreeable to the City and the lessee. The City leases the property for haying operations, which provides for extra income for the City, as well as weed control. A bid letting was held on Tuesday, January 7, 2025 at 1:30 pm at the City & County Government Center and the following bid was received: Eric Werre $63.00 per acre Notice of Public Hearing for this resolution was published on January 17, 2025. Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: The City will enter into a 1-year lease with Eric Werre for the high bid of $63.00 per acre for 18 acres resulting in the annual payment of $1,134.00. Payable to 606 – Airport. The lease may be renewed for 2 additional 1-year terms for 2026 and 2027. Supporting Documentation: Resolution Notice Map RESOLUTION 25-004 RESOLUTION OF INTENT TO LEASE REAL PROPERTY WHEREAS, the City of Brookings owns 18 acres of designated hay land in Section 11- T109N-R50W, in the City of Brookings, Brookings County, South Dakota; and WHEREAS, the City of Brookings intends to award a lease agreement with Eric Werre for a period of 1-year, commencing on January 28, 2025 and ending December 31, 2025, having the option to renew this Lease for 2 additional 1-year terms in 2026 and 2027; and WHEREAS, the lessee will pay the City Sixty-Three dollars ($63.00) per acre for the hay land, totaling One Thousand One Hundred Thirty-Four Dollars ($1,134.00) annually, with the first half payable on July 1st of each year and the second half payable on November 1st of each year; and WHEREAS, a Public Hearing on this Resolution was held on January 28, 2025 at 6:00 p.m. in the Chambers at the Brookings City and County Government Center and all persons were given an opportunity to be heard on the intent t o lease real property. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings will enter into a lease agreement with Eric Werre as set forth above; and B. The City Manager or his designee is authorized to execute a new lease agreement in accordance with this Resolution. Passed and Approved this 28th of January, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk Notice of Public Hearing On Adoption of Resolution Of Intent To Lease Real Property at Section 11-T109N-R0W (Main Avenue S. & 32nd Street S). Notice Is Hereby given that on Tuesday, January 28, 2025 at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers, Brookings City and Government Center, 520 3rd Street, Brookings, South Dakota, on Resolution of Intent to Lease to Eric Werre the following property: 18 acres of public land for agricultural haying, in Section 11-T109N-R0W (Main Avenue S. & 32nd Street S).in the City of Brookings, Brookings County, South Dakota. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above-described property. Dated this 17th day of January, 2025. Bonnie Foster, City Clerk Published ___ time(s) at an approximate cost $___________. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692 -6281 at least 48 hours prior to the meeting. 36TH ST S MAPLE DR 32ND S T S 3 2 ND S T S 35 TH ST S MAIN AVE SMAIN AVE S City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0038,Version:1 Public Hearing and Action on a Special Event / Temporary Alcoholic Beverage Application from Brookings Area Chamber of Commerce, for an event to be held on February 13, 2025. Summary and Recommended Action: Brookings Area Chamber of Commerce Women In Leadership Committee has applied for a Special Event / Temporary Alcoholic Beverage Application for a Galentine’s Day Event to be held on February 13, 2025, at Brookings Cinema 8, 219 6th Street. All Special Event / Temporary Alcoholic Beverage Applications must be approved by the City Council through use of a public hearing. Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: January 28, 2025 Subject: Special Event / Temporary Alcoholic Beverage Application: Brookings Chamber of Commerce Person(s) Presenting: Bonnie Foster, City Clerk Summary and Recommended Action: Brookings Area Chamber of Commerce Women In Leadership Committee has applied for a Special Event / Temporary Alcoholic Beverage Application for a Galentine’s Day Event to be held on February 13, 2025, at Brookings Cinema 8, 219 6th Street. All Special Event / Temporary Alcoholic Beverage Applications must be approved by the City Council through use of a public hearing. Staff recommends approval. Item Details: Special Event / Temporary Alcoholic Beverage Applications require a public hearing and City Council action for approval. All required documents have been filed with the City. The Brookings Area Chamber of Commerce has filed a Special Event / Temporary Alcoholic Beverage Application for a Galentine’s Day Event to be held on February 13, 2025, at Brookings Cinema 8, 219 6th Street. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: Fee: $50 / event (fee set by Resolution 15-066) Supporting Documentation: Legal Notice PUBLIC HEARING SALE OF ALCOHOLIC BEVERAGES NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, January 28, 2025, in the Brookings City & County Government Center, 520 Third Street, to consider a Special Event / Temporary Alcoholic Beverage Application from Brookings Area Chamber of Commerce, to operate within the City of Brookings, South Dakota, for a Galentine’s Day Event to be held on February 13, 2025 at Brookings Cinema 8, 219 6th Street. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 17th day of January, 2025. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-003,Version:2 Public Hearing and Action on Ordinance 25-003, an Ordinance to Change the Zoning within the City of Brookings (Rezone 1115 West 20th Street South from Agriculture A District to Residence R-3 Apartment District). Summary and Recommendation: TH Companies, LLC has submitted a petition to rezone 1115 West 20th Street South from Agriculture A District to Residence R-3 Apartment District. The property was recently annexed into the City of Brookings. The applicant has also submitted a large-scale residential development (LSRD) plan for the proposed development of the 30-acre site. The Planning Commission voted 8-0 to recommend approval of the rezone. The Development Review Team supports the rezoning request. Attachments: Memo Ordinance Notice - City Council Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Large Scale Residential Development Plan - Revised January 20 2025 Large Scale Residential Development Plan - April 2024 Traffic Impact Study Summary City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Mike Struck, Community Development Director City Council Meeting: January 14, 2025 / January 28, 2025 Subject: Ordinance 25-003: Rezone 1115 West 20th Street South from Agriculture A District to Residence R-3 Apartment District Person(s) Responsible: Mike Struck, Community Development Director Summary: TH Companies, LLC has submitted a petition to rezone 1115 West 20 th Street South from Agriculture A District to Residence R-3 Apartment District. The property was recently annexed into the City of Brookings. The applicant has also submitted a large- scale residential development (LSRD) plan for the proposed development of the 30-acre site. The Planning Commission voted 8-0 to recommend approval of the rezone. The Development Review Team supports the rezoning request. Item Details: In 2023, TH Companies submitted a petition for annexation and Future Land Use Map amendment request for the property. Both requests received a recommendation of approval from the Planning Commission. The Future Land Use Map revision went on to receive City Council approval in March 2023. The Future Land Use Map revision amended the western half of the 30 acres from Open Wetlands to Medium Density Residential, which matched the eastern half of the property. The property was annexed into the City of Brookings in March 2024. Since that time, the applicant has refined their proposal for the 30.46 acres and has come forward with a request to rezone the property to R-3 with a large-scale residential development plan. The large-scale residential development plan will be reviewed alongside the second hearing of the rezone. The current zoning of the property is Agriculture A District. Adjacent zoning districts include Residence R-3 Apartment District to the east, Joint Jurisdiction R-1A to the north, and Agriculture District to the south, west, and north. The Medium Density Residential future land use category recommends residential density of 4-12 units per acre. The large-scale residential development plan submitted proposes 58 residential lots and 2 drainage lots. The residential lots are proposed to be for single-family and two-family units. The development is proposed to contain 99 housing units. The proposed density is roughly 3.25 units per acre. The rezoning request is consistent with the Future Land Use Map of Medium Density Residential and the density is slightly less than the recommended density of 4-12 units per acre. Legal Consideration: None. Strategic Plan Consideration: Economic Growth: The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Supporting Documentation: Ordinance Notice – City Council Notice – Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Large Scale Residential Development Plan – Revised January 20 2025 Large Scale Residential Development Plan – April 2024 Traffic Impact Study Summary ORDINANCE 25-003 AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS BE IT ORDAINED by the City of Brookings, South Dakota: SECTION 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: The Northeast Quarter of the Northwest Quarter, Excluding Outlot A in Section 3, Township 109, Range 50, City of Brookings, Brookings County, South Dakota, also known as 1115 W est 20th Street South from an Agriculture A District to a Residence R-3 Apartment District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: January 14, 2025 SECOND READING AND ADOPTION: January 28, 2025 PUBLISHED: January 31, 2025 CITY OF BROOKINGS, SD _________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF PUBLIC HEARING Ordinance 25-003 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, January 28, 2025, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 25-003, an Ordinance to change the Zoning within the City of Brookings (1115 West 20th Street South from Agriculture A District to Residence R-3 Apartment District). At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 15th day of January, 2025. CITY OF BROOKINGS, SD Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that TH Companies, LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: The Northeast Quarter of the Northwest Quarter, Excluding Outlot A in Section Three, Township 109, Range 50, Brookings County, South Dakota, also known as 1115 West 20th Street South. The request is to rezone the above-described real estate from Agriculture A District to a Residence R-3 Apartment District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, March 5, 2024, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 23rd day of February, 2024. Ryan Miller City Planner LOT 1 BLOCK 1LOT 2 BLOCK 1LOT 3 BLOCK 1LOT 4 BLOCK 1LOT 5 BLOCK 1LOT 6 BLOCK 1LOT 7 BLOCK 1LOT 8 BLOCK 1LOT 9 BLOCK 1LOT 10 BLOCK 1LOT 11 BLOCK 1TRACT 1 BLOCK 1LOT 16 BLOCK 1LOT 15 BLOCK 1TRACT 1 BLOCK 2LOT 3 BLOCK 2LOT 12 BLOCK 1LOT 13 BLOCK 1LOT 14 BLOCK 1LOT 1 BLOCK 2LOT 2 BLOCK 2LOT 4 BLOCK 2LOT 5 BLOCK 2LOT 6 BLOCK 2LOT 12 BLOCK 2LOT 11 BLOCK 2LOT 10 BLOCK 2LOT 9 BLOCK 2LOT 8 BLOCK 2LOT 7 BLOCK 2LOT 1 BLOCK 3LOT 2 BLOCK 3LOT 3 BLOCK 3LOT 4 BLOCK 3LOT 5 BLOCK 3LOT 6 BLOCK 3LOT 7 BLOCK 3LOT 8 BLOCK 3LOT 9 BLOCK 3LOT 10BLOCK 3LOT 11 BLOCK 3LOT 12BLOCK 3LOT 13 BLOCK 3LOT 14 BLOCK 3LOT 15 BLOCK 3LOT 16 BLOCK 3LOT 17 BLOCK 3LOT 18 BLOCK 3LOT 1 BLOCK 4LOT 2 BLOCK 4LOT 3 BLOCK 4LOT 4 BLOCK 4LOT 5 BLOCK 4LOT 6 BLOCK 4LOT 7 BLOCK 4LOT 8 BLOCK 4LOT 9 BLOCK 4LOT 10 BLOCK 4LOT 11 BLOCK 4LOT 12 BLOCK 4SheetP:\06\72\115\672115\DWG\PLANS\1_PRELIMINARY PLANS\672115 - PRELIMINARY PLAT.DWG Designer: Project Manager: Phone:(605) 339-4157 Project Number:REVISIONSPlot Date:1/20/2025 3:27:43 PM 4Preliminary Plat Preliminary Plans Prairie Sunset Addition Brookings, South Dakota JTM JJE 672115 PROPOSED LAND USES:A AVENUEBRIGHTON ROADC STREETBRIGHTON ROADD CIRCLEE CIRCLEA CIRCLEW 20TH STREET SOUTHRAPID VALLEY AVENUECARTER STREETJORDAN STREETNOTE:NOTE:SOUTH DAKO TA R EG. NO.R E G I STERED P ROFESSIONAL ENGINEERMORRISJACOB T.15287LEGEND: City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0052,Version:1 Action on a Preliminary Plat for Blocks 1-4 of Prairie Sunset Addition. Summary and Recommendation: TH Companies, LLC, has submitted a proposed Preliminary Plat for Blocks 1-4 of Prairie Sunset Addition. The Preliminary Plat includes a Large Scale Residential Plan which has been submitted alongside a petition to rezone 30.346 acres from Agriculture A District to Residence R-3 Apartment District. The Planning Commission voted 7 - 1 to recommend approval of the preliminary plat. Attachments: Memo Planning Commission Notice Location Map Planning Commission Minutes Preliminary Plat - Revised January 20, 2025 Preliminary Plat Preliminary Grading Plan Preliminary Drainage Plan Preliminary Utility Plan City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Mike Struck, Community Development Director Meeting: January 28, 2025 Subject: Preliminary Plat of Blocks 1-4 of Prairie Sunset Addition Person(s) Responsible: Mike Struck, Community Development Director Summary and Recommended Action: TH Companies, LLC, has submitted a proposed Preliminary Plat for Blocks 1-4 of Prairie Sunset Addition. The Preliminary Plat includes a Large Scale Residential Development (LSRD) Plan for the proposed development of the 30.46 acre site. The Planning Commission voted 7-1 recommending approval of the Preliminary Plat. Item Details: TH Companies, LLC, has submitted a Preliminary Plat for a 30.46 acre development located along West 20th Street South. The Preliminary Plat includes a Large Scale Residential Development (LSRD) Plan and accompanies a rezoning request. A Large Scale Residential Development is a flexible tool allowed by the zoning ordinance for residential development with a minimum of 20 acres. The Large Scale Residential Development complies with the Subdivision Regulations and Zoning Ordinance unless variances are granted through the LSRD review and approval process. TH Companies, LLC, is proposing a residential development consisting of 41 single- family attached (twin home) and 17 single-family detached lots. The proposed development would be zoned R-3. The Preliminary Plat also includes two drainage tracts (Tract 1 in Block 1 and Tract 1 in Block 2). Rights-of-way for three streets and three cul-de-sacs are proposed. Avenue A (placeholder name) and Brighton Road serve as access points from 20th Street South and run north-south through the development. Avenue A, on the western half of the development, ends in a cul-de-sac shortly after a cross connection with east-west C Street (placeholder name). Brighton Road runs north-south along the eastern half of the development until its connection with C Street and then runs southeast towards the southern end of the development. This configuration aligns with an existing sewer main. Cul-de-sacs D Circle and E Circle (placeholder names) extend out from the southern portion of Brighton Road . Block 1 consists of 16 lots located along Avenue A (placeholder name), which provides access into the development from 20th Street South and ends in a cul-de-sac south of a proposed intersection with C Street (placeholder name). Block 2 includes 12 lots with half located along Avenue A and half located along Brighton Road, which extends through the proposed development from the southern terminus of the existing Brighton Road. Block 3 includes 18 lots along Brighton Road and D Circle. Block 4 consists of 12 lots located along Brighton Road and E Circle. The property generally drains to the south and west with retentions ponds located in Tract 1 Block 2 and Tract 1 Block 1 collecting stormwater and running it to the south with an eventual outlet on the south side of Tract 1 Block 1. The Planning Commission recommended approval of the Preliminary Plat in February 2024, with the subdivision layout containing 58 residential lots and two drainage tracts. The subdivision plan identified all residential lots as single-family attached (twin home) lots. Staff had concerns with secondary access in the southeast portion of the subdivision as the proposed density exceeded the threshold, and an additional access would be warranted or connecting. The developers revised the preliminary plat and the Planning Commission reviewed and recommended approval in April 2024 of a new layout in which the northern portion of the subdivision would contain 14 multi-family structures with the southeast portion reducing the number of single-family attached lots to stay within the secondary access requirements. Between April 2024 and January 2025, the developer continued discussions with staff and withdrew the Preliminary Plat with the multi-family layout, thus bringing back the February 2024 Planning Commission recommendation. The Preliminary Plat recommended by the Planning Commission in February 2024 is nearly identical to the Preliminary Plat submitted on January 20, 2025. The street and lot layout are the same with the exception of Lot 12, Block 4 was once two lots with one being a resident ially developable lot and the south lot designated for potential park space. The most recent Preliminary Plat combines these two lots into one larger residential lot. In addition, the most recent Preliminary Plat identifies 41 lots as single-family attached and 17 lots as single-family detached. The seventeen (17) single-family detached lots are located in the southeast portion of the subdivision along Brighton Road and A Circle. Designating these lots as single-family detached allows the southeast portion of the subdivision to fall below the threshold for requiring secondary access. The Development Review Team (DRT) discussed maintenance, snow removal, public safety, secondary access, utility efficiency, density, compatibility with adjacent subdivisions, and a preference for greater overall connectivity. After the DRT meeting, the developer revised the preliminary plat in the southeast portion of the subdivision to comply with the secondary access thresholds. The LSRD proposes no variances from the standard R-3 zoning ordinances. Legal Consideration: None. Strategic Plan Consideration: Economic Growth: The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Supporting Documentation: Planning Commission Notice Location Map Planning Commission Minutes Preliminary Plat – Revised January 20, 2025 Preliminary Plat Preliminary Grading Plan Preliminary Drainage Plan Preliminary Utility Plan If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that TH Companies, LLC has submitted a preliminary plat of the following proposed real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Blocks 1-4 in Prairie Sunset Addition NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, February 6, 2024, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 26th day of January, 2024. ____________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota February 6, 2024 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday, February 6, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Kyle Jamison, Jacob Limmer, Jacob Mills via telephone, Richard Smith, Roger Solum, Nick Schmeichel, Debra Spear and Aiken. Scot Leddy was absent. Also present were City Planner Ryan Miller, Russell Atkins- Christianson Development Corporation, Rick Intermill, Nick and Kristin Uilk, Heath Rasche, and Colleen Vukovich. Item #6a – TH Companies LLC has submitted a preliminary plat of Blocks 1-4 in Prairie Sunset Addition. (Schmeichel/Solum) Motion to approve the Preliminary Plat as presented. Jamison voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY (Following is a summary of the meeting and not a word for word dictation. Please see the City’s website to view the meeting video for full details. https://cityofbrookings.legistar.com/calendar.aspx ) Item #6a – This preliminary plat and large-scale residential plan is for Block 1-4 of Prairie Sunset Addition. The R-3 Apartment zoning allows for 2-unit single family dwellings which is the plan for this development. This development will provide 58 lots/116 units over 4 Blocks. The plat also includes two drainage tracts and one recreation tract. Rights of way for three streets and three cul-de- sacs are proposed. The LSRD does note that all lots will be 2-unit dwellings. Staff does recommend to eliminate two cul-de-sacs in the development. Staff recommends connecting A Circle and D Circle in order to ensure secondary access for Block 3 and 4 for greater connectivity. Vukovich, a realtor in Brookings, feels that cul-de-sacs provide a sense of community in our city. They are aesthetically pleasing and home buyers actually have an interest in houses on cul-de-sacs. Atkins explained the history of this project. He explained that they have looked into the drainage and have worked with the utility company to be sure they are able to provide adequate services to this development. Atkins also believes that cul-de-sacs are an important part of a development and people enjoy living on these streets. The plan is not to come in and build these houses and sell them, but to sell the lots to be built on. Intermill is wondering if the development will be affected if the flood plain gets changed. Miller explained that this property does not sit in the new proposed flood plain. Rasche is wondering if any work will be done on 20th Street South with the road or sidewalk. Miller explained that this is outside the scope of this project. Rasche is concerned about the safety on 20th Street South and there needs to be something done with the hill and it is not safe on 20th Street South. Uilk is also very concerned about the safety on 20th Street South and the additional traffic is going to cause more concerns. She would like to see that the developer is required to install sidewalks for connectivity. She is still very concerned about the runoff and sewage when it floods. Jamison explained that cul-de-sacs are actually more dangerous. Connectivity within the development for walking traffic also needs to be considered. These kinds of developments force people into cars until designing is done for pedestrian traffic. He feels that the developers worked on the drainage to mitigate any issues. He is concerned about safety though on 20th Street South. Schmeichel asked how connecting A Circle and D Circle will impact the drainage. Miller explained that staff has asked about potentially shrinking the size of the drainage tract and installing a culvert and reconfiguring some lots to allow a connection of the streets. Solum feels that removing 2 of the 3 cul- de-sacs changes the plan from the developers. Aiken feels that connecting A Circle and D Circle will provide connectivity but for this site but it might do more harm than good to the site with the drainage. Jamison feels that additionally connectivity could be accomplished through increased pedestrian paths. Schmeichel is trying to understand how we start to balance the need for housing in this community with the lack of buildable land will also requiring developers to remove lots from a plan to provide connectivity that the city wants. Miller explained that the connection of A Circle and D Circle would also potentially provide a secondary access for this development. In the current plan as presented, Blocks 1 and 2 would meet secondary access immediately if Avenue A and Brighton Road were built. Anything south of C Street, unless Brighton Road was extended to the south and connected elsewhere in the city, could not be developed until a secondary access is provided. Mills noted some concerns with the secondary access and asked Miller for clarification. He also wants people to consider the existence of a road/hard surface on top of a sewer line for this development. Schmeichel noted that the City Council can still add in the recommendation for connecting the streets for final action. LOT 1 BLOCK 1LOT 2 BLOCK 1LOT 3 BLOCK 1LOT 4 BLOCK 1LOT 5 BLOCK 1LOT 6 BLOCK 1LOT 7 BLOCK 1LOT 8 BLOCK 1LOT 9 BLOCK 1LOT 10 BLOCK 1LOT 11 BLOCK 1TRACT 1 BLOCK 1LOT 16 BLOCK 1LOT 15 BLOCK 1TRACT 1 BLOCK 2LOT 3 BLOCK 2LOT 12 BLOCK 1LOT 13 BLOCK 1LOT 14 BLOCK 1LOT 1 BLOCK 2LOT 2 BLOCK 2LOT 4 BLOCK 2LOT 5 BLOCK 2LOT 6 BLOCK 2LOT 12 BLOCK 2LOT 11 BLOCK 2LOT 10 BLOCK 2LOT 9 BLOCK 2LOT 8 BLOCK 2LOT 7 BLOCK 2LOT 1 BLOCK 3LOT 2 BLOCK 3LOT 3 BLOCK 3LOT 4 BLOCK 3LOT 5 BLOCK 3LOT 6 BLOCK 3LOT 7 BLOCK 3LOT 8 BLOCK 3LOT 9 BLOCK 3LOT 10BLOCK 3LOT 11 BLOCK 3LOT 12BLOCK 3LOT 13 BLOCK 3LOT 14 BLOCK 3LOT 15 BLOCK 3LOT 16 BLOCK 3LOT 17 BLOCK 3LOT 18 BLOCK 3LOT 1 BLOCK 4LOT 2 BLOCK 4LOT 3 BLOCK 4LOT 4 BLOCK 4LOT 5 BLOCK 4LOT 6 BLOCK 4LOT 7 BLOCK 4LOT 8 BLOCK 4LOT 9 BLOCK 4LOT 10 BLOCK 4LOT 11 BLOCK 4LOT 12 BLOCK 4SheetP:\06\72\115\672115\DWG\PLANS\1_PRELIMINARY PLANS\672115 - PRELIMINARY PLAT.DWG Designer: Project Manager: Phone:(605) 339-4157 Project Number:REVISIONSPlot Date:1/20/2025 3:27:43 PM 4Preliminary Plat Preliminary Plans Prairie Sunset Addition Brookings, South Dakota JTM JJE 672115 PROPOSED LAND USES:A AVENUEBRIGHTON ROADC STREETBRIGHTON ROADD CIRCLEE CIRCLEA CIRCLEW 20TH STREET SOUTHRAPID VALLEY AVENUECARTER STREETJORDAN STREETNOTE:NOTE:SOUTH DAKO TA R EG. NO.R E G I STERED P ROFESSIONAL ENGINEERMORRISJACOB T.15287LEGEND: LOT 1 BLOCK 1LOT 2 BLOCK 1LOT 3 BLOCK 1LOT 4 BLOCK 1LOT 5 BLOCK 1LOT 6 BLOCK 1LOT 7 BLOCK 1LOT 8 BLOCK 1LOT 9 BLOCK 1LOT 10 BLOCK 1LOT 11 BLOCK 1TRACT 1 BLOCK 1LOT 16 BLOCK 1LOT 15 BLOCK 1TRACT 1 BLOCK 2LOT 3 BLOCK 2LOT 12 BLOCK 1LOT 13 BLOCK 1LOT 14 BLOCK 1LOT 1 BLOCK 2LOT 2 BLOCK 2LOT 4 BLOCK 2LOT 5 BLOCK 2LOT 6 BLOCK 2LOT 12 BLOCK 2LOT 11 BLOCK 2LOT 10 BLOCK 2LOT 9 BLOCK 2LOT 8 BLOCK 2LOT 7 BLOCK 2LOT 1 BLOCK 3LOT 2 BLOCK 3LOT 3 BLOCK 3LOT 4 BLOCK 3LOT 5 BLOCK 3LOT 6 BLOCK 3LOT 7 BLOCK 3LOT 8 BLOCK 3LOT 9 BLOCK 3LOT 10BLOCK 3LOT 11 BLOCK 3LOT 12BLOCK 3LOT 13 BLOCK 3LOT 14 BLOCK 3LOT 15 BLOCK 3LOT 16 BLOCK 3LOT 17 BLOCK 3LOT 18 BLOCK 3LOT 1 BLOCK 4LOT 2 BLOCK 4LOT 3 BLOCK 4LOT 4 BLOCK 4LOT 5 BLOCK 4LOT 6 BLOCK 4LOT 7 BLOCK 4LOT 8 BLOCK 4LOT 9 BLOCK 4LOT 10 BLOCK 4LOT 11 BLOCK 4LOT 12 BLOCK 4TRACT 1 BLOCK 4SheetP:\06\72\115\672115\DWG\PLANS\1_PRELIMINARY PLANS\672115 - PRELIMINARY PLAT.DWG Designer: Project Manager: Phone:(605) 339-4157 Project Number:REVISIONSPlot Date:1/15/2024 2:26:22 PM 4Preliminary Plat Preliminary Plans Prairie Sunset Addition Brookings, South Dakota JTM JJE 672115SOUTH DAKO TA R EG. NO.R E G I STERED P ROFESSIONAL ENGINEERMORRISJACOB T.15287PROPOSED LAND USES:A AVENUEBRIGHTON ROADC STREETBRIGHTON ROADD CIRCLEE CIRCLEA CIRCLEW 20TH STREET SOUTHRAPID VALLEY AVENUECARTER STREETJORDAN STREETLEGEND:NOTE:NOTE: SheetP:\06\72\115\672115\DWG\PLANS\1_PRELIMINARY PLANS\672115 - GRADING PLAN.DWG Designer: Project Manager: Phone:(605) 339-4157 Project Number:REVISIONSPlot Date:1/15/2024 2:45:12 PM 6Grading Plan Preliminary Plans Prairie Sunset Addition Brookings, South Dakota JTM JJE 672115SOUTH DAKO TA R EG. NO.R E G I STERED P ROFESSIONAL ENGINEERMORRISJACOB T.15287A AVENUEBRIGHTON ROADC STREETBRIGHTON ROADD CIRCLEE CIRCLEA CIRCLEW 20TH STREET SOUTHRAPID VALLEY AVENUECARTER STREETJORDAN STREETLEGEND:NOTES SheetP:\06\72\115\672115\DWG\PLANS\1_PRELIMINARY PLANS\672115 - DRAINAGE PLAN.DWG Designer: Project Manager: Phone:(605) 339-4157 Project Number:REVISIONSPlot Date:1/15/2024 2:59:10 PM 7Drainage Plan Preliminary Plans Prairie Sunset Addition Brookings, South Dakota JTM JJE 672115SOUTH DAKO TA R EG. NO.R E G I STERED P ROFESSIONAL ENGINEERMORRISJACOB T.15287A AVENUEBRIGHTON ROADC STREETBRIGHTON ROADD CIRCLEE CIRCLEA CIRCLEW 20TH STREET SOUTHRAPID VALLEY AVENUECARTER STREETJORDAN STREETLEGEND:NOTE: SSSSSSSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCSCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCSSCCSSheetP:\06\72\115\672115\DWG\PLANS\1_PRELIMINARY PLANS\672115 - UTILITY PLAN.DWG Designer: Project Manager: Phone:(605) 339-4157 Project Number:REVISIONSPlot Date:1/15/2024 4:01:13 PM 5Utility Plan Preliminary Plans Prairie Sunset Addition Brookings, South Dakota JTM JJE 672115SOUTH DAKO TA R EG. NO.R E G I STERED P ROFESSIONAL ENGINEERMORRISJACOB T.15287D CIRCLEHHHHHHHSSSSSSSSHLEGEND:NOTESA AVENUEBRIGHTON ROADC STREETBRIGHTON ROADE CIRCLEA CIRCLEW 20TH STREET SOUTHRAPID VALLEY AVENUECARTER STREETJORDAN STREETVVHHVVVVVVVVVVH City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-008,Version:1 Action on Resolution 25-008, a Resolution Adopting 2025 Edgebrook Golf Course Rates. Summary and Recommended Action: Staff recommends approval of this Resolution adopting the 2025 Edgebrook Golf Course rates. This resolution includes updated fees as approved by the Park and Recreation Board. Attachments: Memo Resolution Fee Schedule - clean Fee Schedule - marked Area Golf Course Rates City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: January 28, 2025 Subject: Resolution 25-008: 2025 Edgebrook Golf Course Rates Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of this Resolution adopting the 2025 Edgebrook Golf Course rates. This resolution includes updated fees as approved by the Park and Recreation Board. Item Details: Each year, staff performs peer analysis and evaluates operational cost increases to determine appropriate Edgebrook Golf Course rates for the upcoming season. The proposed fees are then reviewed and approved by the Parks and Recreation Advisory Board. The fees presented in this Resolution were approved at the January 6th Park and Recreation Advisory Board meeting. The rate increases reflect the rising cost of providing services, including a significant increase in the golf cart contract. Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This Resolution promotes cost recovery and financial sustainability for the operations at Edgebrook Golf Course. Supporting Documentation: Resolution Fee Schedule - clean Fee Schedule – marked Area Golf Course Rates RESOLUTION 25-008 RESOLUTION ADOPTING 2025 EDGEBROOK GOLF COURSE RATES W HEREAS, the adopted Municipal Code and City Policies make references to fees charged; and W HEREAS, it is prudent fees be reviewed for cost effectiveness. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby adopts the following fee schedule for 2025 Edgebrook Golf Course Rates: Fee Description Early Bird Regular Unlimited Golf Youth (ages 18 and under) $130.00 $150.00 Young Adult (ages 19-25) $350.00 $375.00 Individual $600.00 $675.00 Couple $800.00 $900.00 Family $900.00 $1,000.00 Cart Membership Cart Membership (Half-Cart Individual) $375.00 $420.00 Cart Membership (Full Cart Couples/Family) $475.00 $535.00 Trail Fee - Private Carts $275.00 $300.00 Punch Cards (10 Punches) Green Fee - 9 Hole Rounds $180.00 Green Fee - 18 Hole Rounds $270.00 Cart Fee - 9 Hole Rounds $126.00 Cart Fee - 18 Hole Rounds $180.00 Green Fees Short Course (Par 3) $10.00 9 Holes $20.00 18 Holes $30.00 Cart Fees 9 Holes (per rider) $14.00 18 Holes (per rider) $20.00 Driving Range Bucket of Range Balls $7.00 Add on to membership - Individual $160.00 Add on to membership - Couples/Family $215.00 * 10% Discount on all rates for Seniors (62+) and Military Dated at Brookings, SD, this 28th day of January, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________________ Bonnie Foster, City Clerk Fee Description Early Bird RegularUnlimited GolfYouth (ages 18 and under) $130.00 $150.00Young Adult (ages 19-25)$350.00 $375.00Individual $600.00 $675.00Couple $800.00 $900.00Family$900.00 $1,000.00Cart MembershipCart Membership (Half-Cart Individual)$375.00 $420.00Cart Membership (Full Cart Couples/Family)$475.00 $535.00Trail Fee - Private Carts $275.00 $300.00Punch Cards (10 Punches)Green Fee - 9 Hole Rounds $180.00Green Fee - 18 Hole Rounds $270.00Cart Fee - 9 Hole Rounds $126.00Cart Fee - 18 Hole Rounds $180.00Green FeesShort Course (Par 3) $10.009 Holes $20.0018 Holes $30.00Cart Fees 9 Holes (per rider) $14.0018 Holes (per rider)$20.00Driving RangeBucket of Range Balls $7.00Add on to membership - Individual $160.00Add on to membership - Couples/Family$215.00* 10% Discount on all rates for Seniors (62+) and Military 2024 2025 2024 2025Fee Description Early Bird Early Bird $ Change % Change Regular Regular $ Change % ChangeUnlimited GolfYouth (ages 18 and under) $120.00 $130.00 $10.00 8.33% $140.00 $150.00 $10.00 7.14%Young Adult (ages 19-25)$325.00 $350.00 $25.00 7.69% $360.00 $375.00 $15.00 4.17%Individual $585.00 $600.00 $15.00 2.56% $650.00 $675.00 $25.00 3.85%Couple $775.00 $800.00 $25.00 3.23% $875.00 $900.00 $25.00 2.86%Family$885.00 $900.00 $15.00 1.69% $970.00 $1,000.00 $30.00 3.09%Cart MembershipCart Membership (Half-Cart Individual)$335.00 $375.00 $40.00 11.94% $390.00 $420.00 $30.00 7.69%Cart Membership (Full Cart Couples/Family)$425.00 $475.00 $50.00 11.76% $475.00 $535.00 $60.00 12.63%Trail Fee - Private Carts $250.00 $275.00 $25.00 10.00% $275.00 $300.00 $25.00 9.09%Punch Cards (10 Punches)Green Fee - 9 Hole Rounds $170.00 $180.00 $10.00 5.88%Green Fee - 18 Hole Rounds $250.00 $270.00 $20.00 8.00%Cart Fee - 9 Hole Rounds$110.00 $126.00 $16.00 14.55%Cart Fee - 18 Hole Rounds$165.00 $180.00 $15.00 9.09%Green FeesShort Course (Par 3) $7.00 $10.00 $3.00 42.86%9 Holes$19.00 $20.00 $1.00 5.26%18 Holes$28.00 $30.00 $2.00 7.14%Cart Fees 9 Holes (per rider) $12.00 $14.00 $2.00 16.67%18 Holes (per rider)$18.00 $20.00 $2.00 11.11%Driving RangeBucket of Range Balls$7.00 $7.00 $0.00 0.00%Add on to membership - Individual $160.00 $160.00 $0.00 0.00%Add on to membership - Couples/Family$215.00 $215.00 $0.00 0.00%* 10% Discount on all rates for Seniors (62+) and Military Area Golf Course Rates 2024 Rates for Meadow Creek in Volga, (9 holes, includes driving range) $175 Youth (up to age 18 at time of purchase) • Youth 12 and under must be accompanied by an adult • Youth 14 and under must be accompanied by an adult Fri-Sun $450 Young Adult (Age 19-23 at time of purchase) $650 Single $750 Couple (Married/Unmarried Couples living in the same household) $900 Family (Dependents under age 19, living in the same household) $275 Young Adult Adder (add to Individual, Couple, or Family. Must be dependent of base member) https://meadowcreekvolga.com/memberships/ 2025 Cattail Crossing (Watertown, (27 holes, Rates include Tax) $200 Youth $425 Young Adult (19-23) $600 Senior (65+) $700 Adult (Age 24 and over) $900 Senior Couple $1100 Family (Includes all children 18 and under) 7 days https://www.watertownsd.us/177/Cattail-Crossing-Golf-Course 2024 Six Mile Creek in White SD (9 hole) $145 High School $235 Ages 18-21 $475 Single $650 Family https://www.facebook.com/smcwhitesd/ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0056,Version:1 City of Brookings Progress Report. Summary: Samantha Beckman, Assistant to the City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 1/23/2025Page 1 of 1 powered by Legistar™ Progress ReportJanuary 2025 General •December Downtown Fire •Learn how you can help at www.downtownbrookings.com •Marketplace Development •Downtown Incentive Programs •Downtown Brookings Façade Grant •Downtown Revitalization Incentive Program •Lights, Camera, Action Grant •Digital Budget Book •https://cityofbrookings-sd.gov/201/Annual-Budget ? Public Works Engineering Division 2025 Projects •Street Maintenance Project •Street Overlay Project •Sidewalk Maintenance •Ramp and Signal Improvements •Main Ave. and 12th St S •Intersection Improvements •22nd Ave and 20th St S •Drainage projects •Shared-Use Paths •20th St S & 12th St S •Master Transportation Plan •Brookings Regional Airport •Parallel Taxiway Project Public Works Solid Waste Division •2025 Projects •E-Waste Recycling Program •Solid Waste Master Plan (Implementation) Leachate Force Main Project Equipment Storage Building Residential Drop Off Area •Route Optimization Study Implementation •Holiday Light Recycling through January 31 •2025 Purchases •Landfill Dozer •Alternative Daily Cover Applicator Public Works Street Division •2025 Projects •Fleet Management Software Transition •Expand Road Weather Information System •Implement Skills Matrix •2025 Purchases •Regenerative Air Sweeper •Tandem Truck with plow and spreader •Motor grader with wing and roller Police •Sand for Seniors Program •Drive Sober or Get Pulled Over Campaign •Law Enforcement Appreciation Day •Community Policing •Breakfast with Badges •Create with a Cop •Christmas, Kids & Cops •Larson Ice Center Activities Parks, Recreation & Forestry •Ash Trees •Tournaments •Opossums at Dakota Nature Park •Activity Center •2024 Impact Report •Back-to-the-80’s Sip & Social •Volunteer of the Month Library & Dacotah Bank Center Library •Interactive Murder Mystery Game •Celebrations Exhibit DBC •11 Event Days In January •Dart Tournament •Trainings/Conferences