HomeMy WebLinkAbout2025_01_14 CC PacketCity Council
City of Brookings
Meeting Agenda - Final-revised
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 14, 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.
Action to approve City Council meeting minutes.ID 25-00275.A.
Page 1 City of Brookings
January 14, 2025City Council Meeting Agenda - Final-revised
12/17/2024 CC MinutesAttachments:
Action to cancel the January 21, 2025 City Council Study Session.ID 25-00105.B.
Action on Resolution 25-001, a Resolution designating the depositories for
municipal funds.
RES 25-0015.C.
Memo
Resolution
Attachments:
Action on Resolution 25-002, a Resolution designating the Official
Newspaper.
RES 25-0025.D.
Memo
Resolution
Attachments:
Action on Resolution 25-006, a Resolution designating Purchase
Authorities.
RES 25-0065.E.
Memo
Resolution
Flowchart
Attachments:
Action on Special Event Temporary Alcoholic Beverage License requests.ID 25-00015.F.
Memo
SDCL 35-4-124
Attachments:
6. Presentations/Reports:
Proclamation: Dr. Martin Luther King, Jr. Rally and Marade DayID 25-00376.A.
ProclamationAttachments:
Report: SDSU Student Association.ID 25-00256.B.
Reports: City Council Ex-Officio ReportsID 25-00266.C.
7. Contracts/Change Orders:
Action on Resolution 25-007, a Resolution Authorizing the Lease of 50
Club Car Tempo Golf Carts through NB Golf, LLC.
RES 25-0077.A.
Memo
Resolution
Lease Proposal - NB Golf, LLC
Club Car Contract #122220
Attachments:
Action: Motion, Request Public Comment, Roll Call
Page 2 City of Brookings
January 14, 2025City Council Meeting Agenda - Final-revised
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.
Introduction and First Reading 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.
Second Reading and Action: January 28, 2025.
ORD 25-0018.A.
Memo
Ordinance
Frequently Asked Questions
Final Report
Charter Changes - Summary
Charter Changes - detailed list
Charter - clean
Charter - marked
Attachments:
Introduction and First Reading 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 Hearing and Action: January 28, 2025.
ORD 25-0038.B.
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 - January 2025
Large Scale Residential Development Plan - April 2024
Traffic Impact Study Summary
Attachments:
Legislative History
7/23/24 City Council removed from the agenda
9. Public Hearings and Second Readings:
Public Hearing and Action on Ordinance 24-038, an Ordinance to Change ORD 24-0389.A.
Page 3 City of Brookings
January 14, 2025City Council Meeting Agenda - Final-revised
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).
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Legislative History
12/17/24 City Council read into the record
Public Hearing and Action on Resolution 25-005, a Resolution of Intent to
Lease Real Property at the Brookings Regional Airport to Civil Air Patrol
Inc.
RES 25-0059.B.
Memo
Resolution
Notice
Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action 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.
ID 25-00289.C.
Memo
Malt License - City Code and SDCL
Video Lottery - SDCL and Admin Rule
Legal Notice
Location Map
Proposed Layout
Visuals
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on a request for a Video Lottery authorization
for GP2, LLC to be located at 406 Main Avenue, Suite D.
ID 25-00299.D.
Page 4 City of Brookings
January 14, 2025City Council Meeting Agenda - Final-revised
Memo
Video Lottery - SDCL and Admin Rule
Malt License - City Code and SDCL
Legal Notice
Video Lottery List
Location Map
Proposed Building Plan
Visuals
Current Video Lottery Locations Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
10. Other Business: NONE
11. 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.
12. Executive Session
Executive Session, pursuant 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.
ID 25-004312.A.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
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.
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)
Page 5 City of Brookings
January 14, 2025City Council Meeting Agenda - Final-revised
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 25-0027,Version:1
Action to approve City Council meeting minutes.
Attachments:
12/17/2024 City Council Minutes
City of Brookings Printed on 1/9/2025Page 1 of 1
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BROOKINGS CITY COUNCIL
DECEMBER 17, 2024 (unapproved)
The Brookings City Council held a meeting on Tuesday, December 17, 2024 at 5:00
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, Holly Tilton Byrne, and
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: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Executive Session. A motion was made by Council Member Specker, seconded by
Council Member Wendell, to enter into Executive Session at 5:01 p.m., pursuant to
SDCL 1-25-2.1, for the purpose of discussing the qualifications, competence,
performance, character or fitness of any public officer or employee or prospective public
officer or employee. The term, employee, does not include any independent contractor.
The motion carried by a unanimous vote. A motion was made by Council Member
Specker, seconded by Council Member Rasmussen, to exit Executive Session Item at
5:40 p.m. The motion carried by a unanim ous vote.
Update: 3M / Solventum PFAS Mitigation Plan. Jim Burkhardt, Solventum Plant Site
Director, provided an update on the PFAS Mitigation Plan for the Solventum Plant
Location.
Update: Emerald Ash Borer. Kristin Zimmerman, Parks, Recreation & Forestry
Department Director, and Ryker Ramlo, Forestry Technician, provided updates and a
status report on the Emerald Ash Borer, the City's focus areas, and resources for
residents.
Update: Brookings Inclusive Play Project. Kristin Zimmerman, Parks, Recreation &
Forestry Department Director, provided an update on the Brookings Inclusive Play
Project located at the Fishback Soccer Complex.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
A. Action to approve the December 10, 2024 City Council Minutes.
B. Action on Volunteer Board Appointments: Brookings Disability Awareness
Committee: reappoint Aysia Platte, Katie Knudson, and Mark Sternhagen (term expires
1/1/2028), and appoint Ari Limoges (term expires 1/1/2028), and Carrie Smith (term
expires 1/1/2026). Business Improvement District #1 Board: reappoint Laura Schoen-
Carbonneau (term expires 1/1/2028), and appoint Ashley Biggar (term expires 1/1/2028).
Dacotah Bank Center Advisory Committee: reappoint Kyleigh Cramer, Laura Schoen
Carbonneau, and Jennifer Johnson (terms expire 1/1/2028), and appoint Melisa Yager
(term expires 1/1/2028). Historic Preservation Commission: reappoint Paula Carson, Tom
Thaden, and Sam Krueger (terms expire 1/1/2028), and appoint Diane Kosbau (term
expires 1/1/2027). Human Rights Commission: reappoint Keely Eagleshield (term expires
1/1/2028), and appoint Nicholas McNab (term expires 1/1/2028). Library Board: appoint
Allison Schmitt (term expires 1/1/2028). Park & Recreation: appoint Cloe Barber as the
High School Representative (term expires 5/1/2025). Planning Commission: reappoint
Kyle Jamison and Tanner Aiken (terms expire 12/31/2027), and appoint Connor Evers
(term expires 12/31/2027), and Billie Jo Hinrichs (term expires 12/31/2025). Public Arts
Commission: reappoint Lisbeth Solum, Kate Treiber, and Meridith Weiland (terms expire
1/1/2028). Sustainability Council: reappoint Albert Patin and Robin Butterbaugh (terms
expire 1/1/2028), and appoint Alicia Haich and Connor Evers (terms expire 1/1/2028).
C. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders: Sodexo Catering (License Holder RB-28249
and RW -28251): SDSU TL25-012, and SDSU TL25-013.
D. Action on Federal Highway Administration (FHWA) Urban Boundary for the
City of Brookings.
E. Action on Resolution 24-116, a Resolution declaring surplus property for the
City of Brookings.
RESOLUTION 24-116 - DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Police Department: 2017 Chevy Tahoe, VIN # 1GNSKDEC8HR225309
WHEREAS, in the best financial interest, it is the desire of the City of Brookings to
dispose of as surplus property; and
WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus
property.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings,
SD, that this property be declared surplus property according to SDCL Chapter 6-13.
Mayor’s State of the City Address. As Mayor, I am privileged to present the State of
the City address. In the interest of time, I will be able to highlight just a few of the City’s
many recent and outstanding accomplishments.
In January, staff will unveil a new online dashboard where citizens can easily view the
Council’s Strategic Plan and its progress. Lasting gains require long-term vision, as
outlined in our 2021-2026 Strategic Plan. The plan contains five strategic areas
identified by Council: Fiscal Responsibility; Providing a Safe, Inclusive & Connected
Community; Service & Innovation Excellence; Sustainability; and Economic Growth.
The Council selected these areas and identified goals to provide guidance to the City
Manager and staff as they carry out the day-to-day work of the City. The plan also
ensures progression of Council’s vision for Brookings to be a community where all can
bring their dreams.
While the accomplishments discussed may vary, I guarantee you all took countless staff
hours, community discussions, and volunteer efforts to accomplish. It’s because of this
organization’s staff and leadership that I am able and proud to share this report.
Fiscal Responsibility
The City of Brookings will responsibly manage resources through transparency,
efficiency, equity, and exceptional customer service. We take this strategic area
seriously. The attention of Council’s efforts to Fiscal Responsibility is a commitment to
the future of Brookings and its quality of life. Some highlights I’ll call attention to are:
New Budget Software. Purchased and implemented in 2024, this software
optimizes the budgeting process. The software has already created efficiencies,
as Finance Director Ashley Rentsch demonstrated to Council a few weeks ago.
Procurement Policy. This policy and guidebook were developed and
implemented this year to create efficiencies and ensure compliance with
government regulations.
Tax Increment Financing. The City took a comprehensive review of our Tax
Increment Finance (TIF) policy. State and regional peer communities were
engaged to learn best practices. The revised TIF policy includes opportunities to
address a community need; the addition of a triple-bottom line requirement of
impact for equity, environment, and economy; requirement of developer equity;
increased fee, performance requirements, and more.
Energy Savings Performance Contract. Council approved this in July. The $3.1
million contract will provide extensive energy and cost savings through capital
equipment upgrades and improvements at City facilities. This work includes
exterior and interior lighting projects, HVAC upgrades, and window
replacements. Together, these projects are expected to reduce the City’s carbon
footprint by 15 percent. So, it’s a win-win for everyone!
Stewardship of Public Infrastructure. In line with the energy savings contract, the
City continues its commitment to be good stewards of our facilities. A few
examples are: Library window replacement project was completed in November;
Larson Ice Center upgraded the original rubber flooring in the main-level
entrance to include the lobby, skate room, restrooms and Brookings Dental Clinic
Rink entrance. The skate room also received new shelving for improved storage
of skates; Brookings Activity Center removed carpeting from a portion of the
building and replaced it with an epoxy floor that better serves the area. This
portion of the building also received updated paint, new wainscotting and window
coverings.; The City partnered with the County to upgrade the audio/video
equipment here in our Chambers.
Financial Reporting: The City had no material weaknesses reported in the 2023
Annual Financial Audit, and our financial statements were submitted to the
Government Finance Officers Association for the Certificate of Achievement for
Excellence in Financial Reporting. The City has a long history of earning this
award each year.
Financial Position: Last but not least, I believe we are in a great financial position
for many opportunities the community will realize in 2025. First and Second
Penny Sales Tax are both projected to grow by approximately $500,000, or 5
percent, and the 3b and pillow tax revenue remains strong.
Safe, Inclusive and Connected Community
The City of Brookings will create an environment fo r 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. We’ve had so many
great achievements in this area that I had a tough time narrowing down the highlights.
A lot of heavy lifting was done by Council and staff to make these initiatives a reality.
Workforce Housing. In 2022, the City of Brookings and Brookings County
partnered with the Brookings Economic Development Corporation to conduct a
housing study. For our community to thrive, we need more available and
affordable housing. To help meet the workforce housing challenges, City staff
and Council adopted a forward-thinking approach that included strategic code
changes to allow for flexibility, reduce costs, and ensure neighborhood
development. By embracing an open mind to housing, we are maximizing
available land, allowing reduced parking, and encouraging natural landscaping.
We’re also evaluating street sizes, height allowances, and setback reductions
while making sure neighborhoods are positively impacted with proper design.
These code changes have occurred over the past few years, encouraging
alternative housing and opportunities to reduce development costs. One of our
goals is to provide workforce and affordable housing options that cost less than
the current South Dakota First Time Homebuyer limit, which is $385,000. The
City has partnered with local developers who used state programs, tax increment
financing, and innovative city code changes to provide housing options, some of
which started as low as $180,000. The number of income-qualified rental options
has also increased. This important work has resulted in several workforce
housing projects throughout the city. These include Edgebrook Townhomes,
Trails Head, Pheasant Nest Condos, and most recently, Branch Creek near the
Fishback Soccer Complex. We’re committed to making Brookings an inclusive
and thriving community. We appreciate our community partners and developers
who are working to make the dream of home ownership a reality for those who
choose to call Brookings home.
Hillcrest Pickleball Courts Complex. Pickleball is one of the fastest-growing
sports in North America – and maybe in Brookings! A need for pickleball courts
was identified in the City’s 2021 Parks and Recreation Master Plan. Plans
started to pick up speed after the City received a $75,000 grant from the
Wellmark Foundation in early 2022. Generous support from the Wellmark
Foundation, the Land and Water Conservation Fund, and private donors
supplemented the City’s budget to make the lighted eight-court pickleball
complex at Hillcrest Park a reality. The total project cost was $750,000.
Planning started in 2022. Construction started in 2024. And on September 19 of
this year, pickleball enthusiasts of all ages helped celebrate the opening with a
ribbon-cutting ceremony. The Hillcrest Pickleball Courts provide an accessible
recreational activity for people of all ages and promote community engagement.
It’s one more example of how the City lives out its mission to provide a high
quality of life through exceptional services and proactive solutions. Thank you to
all who helped bring this project to life.
The Pioneer Park Bandshell Restoration. Constructed in 1936 with funding from
the Works Progress Administration, the Pioneer Park Bandshell, which is on the
National Register of Historic Places, needed a facelift at a cost of $235,000.
Council approved the restoration project in January, and it was completed with a
celebration on July 7.
Community Service Officer Unit. The Brookings Police Department has
expanded its CSO Unit to cover more than animal control. The CSOs also help
with traffic control, parking, security, and community outreach. Most recently,
Code Enforcement transitioned to the CSO Unit from Community Development.
The ultimate goal of code enforcement work ties into the work of our CSOs and
their community policing – to provide a high quality of life for residents and
visitors by ensuring a safe and healthy environment.
Brookings Activity Center. I’m happy to report that membership and
programming at the Activity Center continue to increase. In fact, membership
tripled between May 2023 and December 2023 alone! Today, the Center boasts
a membership of 362. Why? Because the City Council and staff recognize the
value of our town’s growing senior population and how an active senior center
can benefit them. We put our money where our mouth was and hired the first
full-time supervisor for the Activity Center in 2023. Angi Strohfus started in May
2023 and quickly added more programming and activities. This summer, we
added a part-time recreation specialist to help Angi. In the interest of
transparency, that person is my daughter, Carmen. The Activity Center offers a
vibrant, welcoming gathering place and an array of activities for people ages 55
and older to engage, connect and thrive. All of that for only a $45 annual
membership!
Parks and Trails Enhancements. Multiple improvement projects have been
finished or are underway at City parks and trails. These projects enhance our
outdoor recreation spaces and make them more accessible and enjoyable for
everyone to use. Some of the projects are: new trail at Sexauer Park will
connect Western Avenue to 11th Street, making it easier to explore and enjoy the
park; addition of an accessible path at Pioneer Park, leading to the shelter so that
everyone can enjoy the space; upgrades to existing trails at the Dakota Nature
Park for a smoother, safer experience; new planks on the bridge along the
shared-use path on South Medary Avenue near the Fishback Soccer Complex
make the bridge safer; completion of the Prairie Hills trail system extends our
recreational trail system to Main Avenue South and connects to the Prairie Hills
Development. Funding was provided by the Recreational Trails Grant program in
the form of an 80 / 20 match; a new playground for ages 2 to 5 and surfacing was
installed at Camelot Park; and McClemans Park received a new basketball court
surface this summer, after having received playground equipment last summer.
Service and Innovation Excellence
The City of Brookings will provide an accessible environment committed to ongoing
innovation and outstanding service through listening and engagement. Our City staff
excel in service and innovation. They live it daily because they truly believe that “what
WE do is bigger than us.” I could give examples of the million different ways staff live
this, but I have a time limit. So, for now, I’m going to highlight three items.
City Charter Review. In June, Council named 11 residents to the Charter Review
Commission. Their task was to thoroughly review the City Charter and
recommend revisions to the Council. The group’s recommended updates were
presented to Council in November. After some fine-tuning, the proposed
revisions will be put to a vote of the people in the City’s April 2025 election. Why
is this important? The Charter is a legal document that serves as the City’s
constitution and outlines the structure, powers and responsibilities of local
government. It is written and adopted by our citizens. Our City Charter was
established in 2002 and last updated in 2006. Best practice is to review the
charter every 10 years. Stay tuned for opportunities to learn more about the
proposed Charter revisions early in the new year before the April election.
City Council Policies. In 2019, a thorough review began of all City Council
policies approved over the past 20 years. The Council updated several policies
in 2023. In August 2024, Council approved the remaining updated policies. This
review ensures policies are consistent with the current Council’s priorities and the
City of Brookings today. It is critical that policies be reviewed annually going
forward. The policy book can be found on the under the City Council tab on the
City’s website.
High Performing Organization Training. During late 2023 and early 2024, all full-
time employees participated in a new training program, called HPO. The training
was designed to help employees embrace a culture of communication,
collaboration and continuous improvement. The City is committed to training
opportunities to help individuals and the organization become better so they can
continue to provide a high quality of life for our residents.
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. We’ve had a lot of major
accomplishments that have required long-range planning in this area, too. I’ve selected
a few to highlight.
Master Drainage Plan. Approved by Council in August 2024, this is an update to
the 2008 plan. It was created over a three-year period starting in August 2021.
The process involved community engagement and an in-depth analysis of our
existing stormwater infrastructure. The plan identifies key projects to reduce the
potential of property damage due to flooding, plus recommendations to improve
stormwater standards, maintenance, and changes to the drainage fee to make it
more equitable. This plan will guide management of the City’s stormwater system
over the next 10 years.
Six-Mile Creek Feasibility Study. Six-Mile Creek winds through the western part
of Brookings. During high-flow periods, it has the potential to impact more than
240 structures. The goal of this study was to develop potential project alternatives
that will reduce future losses to structures and public infrastructure along the Six-
Mile Creek corridor in Brookings. After significant community engagement, the
study was presented to Council in September 2024. Funding for the study was
provided by the State of South Dakota Hazard Mitigation Grant Program and the
City of Brookings. Staff is currently working with our consultants and FEMA to
further redefine project alternatives and determine potential funding sources, as
well as maintenance work that can be accomplished along this corridor.
Solid Waste Master Plan. This project also involved community engagement
sessions, in addition to analysis of the City’s current solid waste management.
This is the City’s the first Solid Waste Master Plan. Since Council approved the
plan in 2023, work has been underway to implement the recommendations. That
work includes: design and construction of a leachate force main pipeline from the
Landfill to the City’s sanitary sewer system; replacement of a collections truck;
coordination with SDSU students on a route optimization study to determine
route efficiencies for all solid waste and recycling collections within the City; and
focus on public education. You may have read recent social media posts about
the dos and don’ts of recycling. You’ve likely noticed the two collection trucks
wrapped with fun messages to encourage recycling. W ork to carry out the
recommendations will continue in the new year.
Emerald Ash Borer Management Plan. In July 2024, the state confirmed Emerald
Ash Borer in Brookings County. The Emerald Ash Borer is an invasive boring
beetle that feeds on ash trees and kills the trees, if not treated. Our Forestry
Division wasted no time in fully implementing its EAB Management Plan. The
Forestry crews had already been proactively removing weaker canopy ash trees
from city-owned property since 2018, when the pest was first detected in South
Dakota. Over the past six months, crews have treated some ash trees and
removed many others to help prevent the spread. They removed more than 1,500
ash trees between Solventum and the Edgebrook Golf Course. In addition, staff
held a meeting for area tree service companies to involve them in the response
plan. Staff used press releases, social media posts, and public meetings to
inform citizens about the pest and steps they could take for their ash trees. More
work and education will be forthcoming in 2025. Our Forestry team of only four is
responsible for monitoring and maintaining approximately 20,000 trees on public
property; about 10 percent of those are ash trees. The Forestry Division uses
software to track tree types and locations on city property, including boulevards
and parks.
Urban Forest Initiative. Related to the Emerald Ash Borer response plan, the City
has offered the Urban Forest Initiative program since 2021. The rebate program
is intended to encourage residents to plant trees at little or no cost to help protect
our beautiful tree canopy. The City’s investment in this popular program has
grown from $10,000 at the start to $30,000 in 2024. Since the program began,
634 trees have been planted. This program is going to be more important than
ever as we deal with tree loss due to Emerald Ash Borer. Stay tuned for the 2025
program details.
Stormwater Incentive Program. The City and the Sustainability Council partnered
this year on an incentive program to help residents manage stormwater. People
were able to buy rain barrels and / or native plants at discounted costs. The
Stormwater Incentive Program is a recommendation from the recently accepted
2024 Master Drainage Plan. The program is designed to help improve
stormwater quality plus educate the public on actions they can take to help the
City manage the stormwater. Together, the rain barrels and native plants help
decrease the amount of stormwater runoff and improve its quality.
The pilot program was a great success. The 40 vouchers for native plants were
quickly snapped up and all 100 rain barrel discounts were spoken for. I suspect
the program will be back by popular demand in 2025.
Economic Growth
The City of Brookings will support effective diversified community investment and
equitable opportunities for prosperity. Several of these are once-in-a-generation
projects. They required thoughtful consideration, healthy debate, and bold decisions
made with confidence in the future of Brookings. Our community continues to grow.
People continue to choose to live in and work in Brookings, and businesses continue to
invest here. To date, our single-family housing units are up 64 percent over the 2023
total. Also to date, our commercial building permits, including new construction,
remodels and additions, has surpassed 2023 permit numbers. While we do not yet
have total building valuations for 2024, our 2023 commercial building valuations
increased 617 percent over 2022 commercial valuations. All this is to say, we continue
to progress as a community. Economic growth highlights include:
The Brookings Community Economic Development Master Plan. Since Council
approved this plan in January 2023, staff has been collaborating with our
economic development partners to implement it. Considerable work has been
done on the plan’s seven goals. The Master Plan, along with its progress, can
be found under the City Manager tab on the city’s website.
The Downtown Brookings Master Plan. In October, Council approved the
Downtown Brookings Master Plan. This action followed a year of work, four
public engagement sessions, more than 2,000 online participants and countless
conversations. Council believes a healthy, vibrant, attractive, safe downtown is a
reflection on the health of our community. The plan is a book of ideas for ways to
nurture and enhance Downtown Brookings. We’re excited to see what can be in
Downtown Brookings!
I-29 and 20th Street South Interchange. Completed in late July 2023, this once-
in-a-lifetime project quickly spurred economic development along 20 th Street
South and continues to do so. In addition to several professional services
offices, we expect our first Kwik Star gas and convenience store to open before
year’s end. A Starbucks will soon follow, with more development already slated.
This project is a perfect example of what can be accomplished through public
and private partnerships. Funding for this project came from the City of
Brookings, Brookings County, the federal government, and private sources. I
applaud our Development Review Team for all the work they do to ensure our
zoning designations and more meet the needs of our growing community.
Solventum Development Agreement. Approved by Council on December 10, this
agreement facilitates the plant’s $220 million expansion. Whether you’ve driven
down 22nd Avenue South or I-29 south of town, I’m sure you’ve noticed the
massive expansion h6appening at the plant. This expansion is about five times
larger than the plant’s last expansion in 2015. It includes 16 additional shipping
docks, an 8,000-slot warehouse, plus 200,000 square feet of manufacturing
space, laboratory and office spaces. For those who don’t know, 3M broke
ground in Brookings in 1969. Since then, the plant has grown over 300 percent.
This expansion was announced in July 2023 before 3M spun off its health care
business and named it Solventum. Brookings is the largest manufacturing site
for the entire company. This plant alone employs nearly 1,200 people and
manufactures more than 1,700 products. I think it’s important to note that the
company chose to expand its health care business in Brookings after considering
a number of other U.S. and international locations. They chose Brookings
because of the strong support it has received from the community and the City
over the years. Solventum is investing $220 million in this expansion and that
will drive about a 4 percent increase in jobs, $16 million in regional revenue, and
an estimated $80,000 in annual taxes. Solventum, just like 3M before it, is a vital
part of our economic engine. That’s why it’s imperative for the City to enter this
development agreement. As part of the Tax Increment Financing provisions, the
City will realize $3.5 million in sales tax and TIF revenue over the next few years.
The City is proud to support the Solventum’s growth and sustainability in our
community. It’s another wonderful example of how Brookings is moving forward.
Brookings Marketplace Property. Over the past two years, the City has worked
diligently to secure development of this 26-acre site north of Sixth Street and east
of I-29. Development of 18.53 acres is proceeding with Ryan Companies of
Minneapolis. On November 12th Council approved the development agreement
with Ryan Companies, along with a tax increment finance district and economic
development grant. The regional shopping center will include an Aldi grocery
store, a convenience store, and a soon-to-be named big-box retailer.
Construction is expected to start in spring 2025 and stretch into 2026. The
Brookings Marketplace development project represents an investment in the
Brookings community with the potential for significant economic, social and
quality of life enhancements. I look forward to the day we can announce the big-
box retailer. Direct sales tax revenue is estimated to run from $1.1 million to $1.5
million each year, which will have a positive impact on the City’s annual budget.
As a reminder, sales tax revenue comprises about 45 percent of the City’s
annual budget. The City uses sales tax revenue to fund services and programs
that benefit our residents. These include parks and recreation, public works and
public safety.
In closing, it’s been my honor to present this State of the City address. I’m proud to be
Mayor of what I consider the best city in South Dakota. Our successful progression of
these items is attributed to: our dedicated City leadership and employees, our citizens
and volunteers and their commitment to our community, and the City Council’s vision
and mission that guides our strategic plan, decisions and daily work. The difficult
decisions and hard work we do today will help create a more inclusive prosperous
tomorrow. Let’s continue to work together for a Brighter Brookings. Thank you.
Legal Services Agreement. A motion was made by Council Member Wendell,
seconded by Council Member Tilton Byrne, that the Legal Services Agreement between
the City of Brookings and Steven J. Britzman, Attorney at Law, for a one -year contract
(01/01/2025 - 12/31/2025), be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 24-115. A motion was made by Council Member Specker, seconded by
Council Member Wendell, that Resolution 24-115, a Resolution Awarding Bids on
Project 2024-04STI 12th Street South Intersection and Main Avenue South Signal and
Sidewalk Ramp Reconstruction, be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-115 - RESOLUTION AWARDING BIDS ON 2024-04STI 12th
STREET SOUTH INTERSECTION AND MAIN AVENUE SOUTH SIGNAL AND
SIDEWALK RAMP RECONSTRUCTION PROJECT
WHEREAS, the City of Brookings opened bids for Project 2024-04STI 12th Street South
Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Project
on Tuesday, December 10, 2024 at 1:30 pm at the Broo kings City & County
Government Center; and
WHEREAS, the City of Brookings received the following low bid for the 2024-04STI 12th
Street South Intersection and Main Avenue South Signal and Sidewalk Ramp
Reconstruction Project from Big Al’s Contracting, Inc. in the amount of $489,068.70;
and
WHEREAS, the low bid was approximately 41% lower than the Engineer’s Estimate.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the low bid of $489,068.70 for Big Al’s Contracting, Inc. be accepted.
2. The City Manager or the Acting City Manager is authorized to sign the contract
documents for this project.
FIRST READING – Ordinance 24-038. Introduction and First Reading was held on
Ordinance 24-038, an Ordinance to change the Zoning within the City of Brookings.
Public Hearing and Action: January 14, 2025.
Resolution 24-111. A public hearing was held on Resolution 24 -111, a Resolution of
Intent to Lease Real Property at Brookings Airport to Madison Aircraft LLC & Dakota Jet
Company. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that Resolution 24-111 be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
RESOLUTION 24-111 - A RESOLUTION OF INTENT TO LEASE REAL PROPERTY
AT BROOKINGS AIRPORT TO MADISON AIRCRAFT LLC & DAKOTA JET
COMPANY.
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that
the City of Brookings intends to enter into a lease with Madison Aircraft LLC & Dakota
Jet Company for a period of 25-years, commencing on December 17, 2024 and ending
December 31, 2050 and pertaining to the following described property:
4,096 square feet on Site #209 at the Brookings Regional Airport, in Section 26,
T110N, R50W in the City of Brookings, Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2025 lease amount will be five
hundred seventy three dollars and forty four cents ($573.44) with 2% annual increases.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on
December 17, 2024 at 6:00 o’clock p.m. in the Chambers at the Brookings City and
County Government Center and that 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 will enter into a new lease agreement with Madison Aircraft
LLC & Dakota Jet Company as set forth above; and
B. That the City Manager is authorized to execute a new lease agreement in
accordance with this Resolution.
Resolution 24-114. A public hearing was held on Resolution 24 -114, a Resolution to
Amend the 2040 Comprehensive Plan’s Future Land Use Map. A motion was made by
Council Member Specker, seconded by Council Member Doran, that Resolution 24 -114
be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-114 - A RESOLUTION TO AMEND THE BROOKINGS, SOUTH
DAKOTA COMPREHENSIVE PLAN 2040
WHEREAS, the Comprehensive Plan provides a Major Street Plan Map, identifies a
Future Land Use Map, projects population figures for the planning period, and describes
an integrated land use vision for the City; and
WHEREAS, portions of Future Land Use Map as shown on the attached area map are
to be amended to wit:
A portion of said areas from Low Density Residential, Medium Density
Residential, High Density Residential, Urban Low Intensity, Civic, Parks and
Open Wetland to Urban Medium Intensity; and
WHEREAS, the City Council of the City of Brookings, SD held a public hearing in
accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use
Map of the Brookings, South Dakota Comprehensive Plan 2040; and
WHEREAS, the City Planning Commission of the City of Brookings, SD has
recommended approval of the amendments to the Future Land Use Map of the
Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17;
NOW , THEREFORE, BE IT RESOLVED that said amendment to the Future Land Use
Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by
the City of Brookings.
Preliminary Plat. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that a Preliminary Plat of Lot 53E, 53F and 53G of Sioux
Village of Indian Hills Addition, be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 24-113. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 24-113, a Resolution Transferring
Contingency Funds to City Departments, be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
RESOLUTION 24-113 - A RESOLUTION TRANSFERRING
CONTINGENCY FUNDS TO CITY DEPARTMENTS
WHEREAS, the City of Brookings hereby transfers City Manager’s contingency funds to
fund unplanned operational obligations of the municipality. This resolution is for the
purpose of completing a transfer of contingency funds to the following accounts:
442 Community Service
101-442-5-101-01 Temporary Pay $15,000
101-442-5-101-04 Overtime Pay $10,000
101-442-5-120-00 FICA $10,000
101-442-5-426-03 Supplies $ 8,000
101-442-5-426-17 Uniforms & Clothing $ 7,000
Total Transfers $50,000
The Financing Source for this transfer is from the following account:
101-405-5-856-99 Contingency Fund $50,000
Total Source of Funding $50,000
WHEREAS, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
Progress Report. Samantha Beckman, Assistant to the City Manager, provided a
progress report highlighting the City’s activities and projects.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Rasmussen, to enter into Executive Session at 7:27 p.m., pursuant to
SDCL 1-25-2.1, for the purpose of discussing the qualifications, competence,
performance, character or fitness of any public officer or employee or prospective public
officer or employee. The term, employee, does not include any independent contractor,
be approved. 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 10:09 p.m. The motion carried by a unanimous vote.
Resolution 24-117. A motion was made by Mayor Niemeyer, seconded by Council
Member Tilton Byrne, that Resolution 24-117, a Resolution Amending the City
Manager’s Contract for 2025, be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-117 - RESOLUTION APPROVING THE CITY MANAGER’S
EMPLOYMENT AGREEMENT FOR 2025
WHEREAS, the City Council annually approves an Employment Agreement for the City
Manager for the ensuing year; and
WHEREAS, the position of City Manager is a position appointed by the City Council and
the City Council desires that Paul Briseno continue as the City Manager for the City of
Brookings; and
WHEREAS, the City Council has determined it is appropriate to increase the City
Manager’s salary 14.3%, resulting in a total annual salary for 2025 of $202,217.00; and
WHEREAS, the City Manager Employment Agreement shall also provide that the City
Manager shall be eligible to receive a cost-of-living increase, bonus and pay range
adjustments in the same manner as other City employees; and
WHEREAS; the City Council has reviewed and approves the employee benefits
provided to the City Manager pursuant to the proposed City Manager Employment
Contract;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, that the City Manager Employment Agreement, reflecting the
compensation and benefits set forth herein, is hereby approved, and the Mayor and City
Clerk are authorized to execute the City Manager Employment Agreement on behalf of
the City of Brookings.
City Council Member Introduction of Topics for Future Discussion. A motion was
made by Council Member Tilton Byrne, seconded by Mayor Niemeyer, to discuss a
salary analysis for city staff members in 2025 at the next City Council meeting. The
motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen,
Specker, Tilton Byrne, and Wendell.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 10:15 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 Volunteer List – as per Resolution 16-025
(Addendum to the December 17, 2024 City Council Minutes.)
Brookings City Library Volunteers – Updated December 2024: Cheryl Riley, Sarah Schultz, Diane
Smart – New – effective 05/20/24; Brookings City Fire Department Volunteers: Major Anderson,
Preston Anderson, John Austin, Kevin Banken, Alex Berkness, Pete Bolzer, Derek Brown, Dan Bruna,
Nick Casstevens, Tom Coughlin, Mandi Cramer, Roger DeBates, Austin Gieseke - New Effective
12/12/24, Scott Hallan, Bill Hardin, Troy Herrig, Justin Heyer, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim
Kriese, Brett Lawrence, Brandon Long, Jaque Mann, Joshua Mann, Logan Melberg, Aiden Metcalfe,
Gatlin Miller, Nick Oines, Steven Rensink, Connor Ringling, Jared Runge, Tim Rynearson, Rob
Schuneman, Jeremy Scott, Jesse Seas, Joseph Sheeley, Lucas Speakman, Shannon Stuefen, Curt Teal,
Anthony Teesdale, Joshua Van Diepen, Nathan Vandersnick, Adam Vaux, Nicholas Voichahoske – new
– effective 8/19/2024. Brookings City Park & Recreation Volunteers: Matthew Albritton, Samuel
Clement, Travis Erickson, Matthew Filed, Nathan Hilbrands, Dillon Howe, Matthew Hupf, Brandon Karels,
Bo McCloud, Chad Nicola, Seth Sayler, Joseph Schumacher, Christina Silva, Andrew Wright, Nicole
Yseth.
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 25-0010,Version:1
Action to cancel the January 21, 2025 City Council Study Session.
Summary and Recommended Action:
Staff recommends cancellation of the January 21st Study Session, due to no items being scheduled.
Any meeting of the City Council may be cancelled in advance by a majority vote of the City Council.
The Mayor may cancel a meeting in the case of an emergency, when a majority of the members have
confirmed in writing their unavailability to attend a meeting, when there is not a quorum at the start of
the meeting, or when the agenda is such that cancelling the meeting would not interfere with the
normal operations of the City. The City Council must meet regularly; however, at least once each
month. Cancelled meetings will be noted on the agenda and posted for the public.
This provides public notice of the change to the City Council meeting calendar.
City of Brookings Printed on 1/9/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-001,Version:1
Action on Resolution 25-001, a Resolution designating the depositories for municipal funds.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating depositories for the City of
Brookings.
Attachments:
Resolution
City of Brookings Printed on 1/10/2025Page 1 of 1
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City Council Agenda Item Memo
From: Ashley Rentsch, Finance Director
Council Meeting: January 14, 2025
Subject: Resolution 25-001: designating depositories
Presenter: Ashley Rentsch, Finance Director
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating depositories for the
City of Brookings.
Item Details:
Pursuant to SDCL 9-22-6, designation of depositories of municipal funds, the governing
body shall designate the depository or depositories in which the funds belonging to the
municipality shall be deposited. Such depository or depositories shall be a bank or
banks within the State of South Dakota, unless otherwise specifically provided by law.
Staff recommends approval.
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:
None.
Supporting Documentation:
Resolution
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
Passed and Approved this 14th day of January, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-002,Version:1
Action on Resolution 25-002, a Resolution designating the Official Newspaper.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating the official newspaper for the
City of Brookings.
Attachments:
Resolution
City of Brookings Printed on 1/10/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 14, 2025
Subject: Resolution 25-002: designating official newspaper
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution, designating the official
newspaper for the City of Brookings.
Item Details:
Pursuant to SDCL 9-12-6, designation of official newspapers. Each municipality shall
designate at a meeting of its governing body an official newspaper or newspapers for a
period of time, not to be less than 12 months, specified by the governing body in a
resolution. The newspaper shall be published in the municipality.
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:
None.
Supporting Documentation:
Resolution
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.
Passed and approved this 14th day of January, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-006,Version:1
Action on Resolution 25-006, a Resolution designating Purchase Authorities.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution designating purchase authorities which may
be used by staff to expedite the procurement of budgeted expenditures, while maintaining
compliance with state law.
Attachments:
Memo
Resolution
Flowchart
City of Brookings Printed on 1/10/2025Page 1 of 1
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City Council Agenda Item Memo
From: John R. Thompson, Public Works Director
Council Meeting: January 14, 2025
Subject: Resolution 25-006: Designation of Purchase Authorities
Person(s) Responsible: John R. Thompson, Public Works Director
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution designating purchase
authorities which may be used by staff to expedite the procurement of budgeted
expenditures, while maintaining compliance with state law.
Item Details:
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). SDCL
5-18A-22 allows the City to contract for supplies or services, other than professional
services, awarded by any governmental entity by competitive sealed bids or competitive
sealed proposals from any contract competitively solicited and awarded with in the
previous 12 months.
On January 23, 2024 City Council approved Resolution 24-006 for Fiscal Year 2024.
For 2025, one additional cooperative purchasing program, The Interlocal Purchasing
System (TIPS), has been added to the list. TIPS is a national cooperative purchasing
program for use by member schools, colleges, universities, cities, counties and other
governmental entities in all 50 states, as authorized by each entity’s jurisdictional legal
requirements. South Dakota State Statue shows TIPS is in compliance with competitive
bidding requirements.
Approval of the proposed resolution will authorize staff to utilize designated purchase
authorities for the procurement of budgeted expenditures during the Fiscal Year 2025
and direct staff to solicit local businesses, if such exist, that are in the business of
providing the services or supplies being procured off active contracts.
If approved, staff will submit an agenda item, placed on the consent agenda, at the
beginning of each Fiscal Year to designate the purchasing authorities for the calendar
year.
Legal Consideration:
The City Attorney has reviewed the proposed Resolution.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
There is no cost or revenue associated with the recommended action.
Supporting Documentation:
Resolution
Flowchart
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.
Passed and Approved this 14th day of January, 2025.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Procurement of Supplies and Services through
Designated Purchase Authorities
(Budgeted Items => $50,000)
Determine Need/
Justification
Budget Adoption
Acquire quote(s) from
authorized designated
authority
(in compliance with
State Law and Local
Preference)
Complete Bid Authority
Form & Documentation
Issue Purchase Order
Current Process with Annual
Approval of Resolution
Designated purchase authority
must be listed on annual resolution,
approved each January
2024.01.03
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 25-0001,Version:1
Action on Special Event Temporary Alcoholic Beverage License requests.
Summary and Recommended Action:
Staff recommends approval of Special Event Temporary Alcoholic Beverage License requests from
existing alcoholic beverage license holders.
Attachments:
Memo
SDCL 35-4-124
City of Brookings Printed on 1/10/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 14, 2025
Subject: Special Event Temporary Alcoholic Beverage License
Requests
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of Special Event Temporary Alcoholic Beverage License
requests from existing alcoholic beverage license holders.
Item Details:
South Dakota Codified Law (SDCL 35-4-124) states Special Event Temporary Alcoholic
Beverage License requests require action by the governing body. No public hearing is
required for the issuance of a license pursuant to this section if the applicant holds an
on-sale alcoholic beverage license or a retail malt beverage license in the municipality,
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 #s: RB-28249 and RW -28251):
SDSU Student Union, Campanile & Hobo Gallery: SDSU TL25-014
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 #:ID 25-0037,Version:1
Proclamation: Dr. Martin Luther King, Jr. Rally and Marade Day
Summary:
Mayor Niemeyer will present a Proclamation recognizing Dr. Martin Luther King, Jr. Rally and Marade
Day on January 20, 2025 at Club 71 on the South Dakota State University campus.
Attachments:
Proclamation
City of Brookings Printed on 1/10/2025Page 1 of 1
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MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
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
IN WITNESS WHEREOF, I have placed the
Seal of the City of Brookings, State of South
Dakota, this 14th 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 25-0025,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 1/9/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 25-0026,Version:1
Reports: City Council Ex-Officio Reports
Summary:
City Council Members, serving as Ex-Officio members on the Brookings Health System Board of
Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended
at the first City Council meeting of the month.
Brookings Municipal Utility Board:
1. Council Member Wayne Avery
2. Council Member Bonny Specker
Brookings Health Systems Board of Trustees:
1. Council Member Andrew Rasmussen
2. Council Member Brianna Doran
City of Brookings Printed on 1/9/2025Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 25-007,Version:1
Action on Resolution 25-007, a Resolution Authorizing the Lease of 50 Club Car Tempo Golf Carts through
NB Golf, LLC.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to lease 50 Club Car Tempo golf carts
through NB Golf, LLC of Hendricks, MN, at the annual cost of $75,360.40, for a term of 5 years,
totaling $376,802.00.
Attachments:
Memo
Resolution
Lease Proposal with NB Golf, LLC.
Club Car Contract #122220
City of Brookings Printed on 1/10/2025Page 1 of 1
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City Council Agenda Item Memo
From: Josh Bauman, Assistant Parks, Recreation and Forestry
Director
Council Meeting: January 14, 2025
Subject: Resolution 25-007: Lease of 50 Club Car Tempo Golf Carts
through NB Golf, LLC
Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to lease 50 Club Car Tempo
golf carts through NB Golf, LLC of Hendricks, MN, at the annual cost of $75,360.40 for 5
years, totaling $376,802.00. The request exceeds the budget by $15,360. A fee
adjustment will be requested at the last meeting in January to augment the impact.
Item Details:
The City of Brookings had a lease for 42 golf carts, which ended followig the 2024 golf
season. The City of Brookings needs to enter into a lease for golf carts for the 2025
season. For the last few years, the City has leased additional carts during the season
to account for growth in membership at Edgebrook Golf Course.
The new proposed lease includes 40 lithium (electric) carts and 10 gas carts at a total
annual cost of $75,360.40 for 5 years, totaling $376,802.00. If approved, the carts will
be delivered at the beginning of the 2025 golf season.
Staff recommends utilizing Sourcewell Contract #122220-CCR and entering into a lease
agreement with NB Golf, LLC, of Hendricks, MN.
The lease exceeds the budget for the 2025 season by $15,360.40. Staff expects to
cover this difference for the 2025 season with revenues generated from cart rentals and
proposed fee increases.
2023 Cart Revenues: $ 98,065.23
2024 Cart Revenues: $119,934.50
Legal Consideration:
City Attorney has reviewed the proposed Resolution.
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.
Financial Consideration:
The City will enter into a lease agreement with NB Golf, LLC. of Hendricks, MN, In the
amount of $75,360.40, for a term of 5 years, totaling $376,802.00.
607– Edgebrook Golf Course
Supporting Documentation:
Resolution
Lease Proposal - NB Golf, LLC
Club Car Contract #122220
RESOLUTION 25-007
RESOLUTION AUTHORIZING THE LEASE OF
50 CLUB CAR TEMPO GOLF CARTS THROUGH NB GOLF, LLC.
W HEREAS, the City of Brookings has a need to lease golf carts for the 2025 season at
Edgebrook Golf Course; and
W HEREAS, funds have been budgeted to acquire golf carts for the 2025 season at
Edgebrook Golf Course; and
W HEREAS, the City of Brookings wishes to utilize Sourcewell, a purchasing
cooperative, to acquire golf carts through a competitively awarded cooperative
purchasing contract: and
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.
Passed and Approved this 14th day of January, 2025.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
122220-CCR
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor’s sole warranties are those described in Vendor’s standard equipment
warranty. Vendor disclaims and excludes any other express, implied or statutory warranties,
arising by operation of law or otherwise, including without limitation any warranties of
merchantability and fitness for a particular purpose. Vendor makes no warranties or
representations (express, implied or statutory), arising by operation of law or otherwise, on any
equipment, component parts or accessories sold under this Contract which are not
manufactured by Vendor. Vendor’s dealers and distributors must agree to assist the
Participating Entity in reaching a resolution in any dispute over warranty terms with the
manufacturer. Any manufacturer’s warranty that is effective past the expiration of the
Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time-to-time and is incorporated into this Contract by
reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
122220-CCR
Rev. 10/2020 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Vendor’s pricing does not include any present or future sales, use, occupation,
license, excise or other tax, permit or fee with respect to the sale, delivery or use of the
Equipment, Products, or Services under this Contract. Each Participating Entity will be
responsible for payment of all taxes, permits or fees, and is responsible for supplying the
Vendor with valid tax-exemption certification(s). When ordering, a Participating Entity must
indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
122220-CCR
Rev. 10/2020 4
x Provide sufficient detail to justify the requested change;
x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government-
owned facilities, including schools. Vendor’s employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
122220-CCR
Rev. 10/2020 5
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
122220-CCR
Rev. 10/2020 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department);
x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for one percent (1%) multiplied by the total
sales of all Equipment, Products, and Services purchased by Participating Entities under this
Contract during each calendar quarter. Payments should note the Vendor’s name and
122220-CCR
Rev. 10/2020 7
Sourcewell-assigned contract number in the memo; and must be mailed to the address above
“Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per
Sourcewell’s Finance department instructions. Payments must be received no later than 45
calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
122220-CCR
Rev. 10/2020 8
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys’ fees,
arising from and to the extent of the violation of law, negligence, omissions, or intentional
misconduct of Vendor. Vendor shall not be liable for any indirect, consequential, or exemplary
damages, whether arising in contract, tort (including negligence) strict liability, or otherwise,
including without limitation, loss of profits, loss of goodwill, and loss of business opportunity.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Vendor’s Trademarks in advertising and promotional materials for the
purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively “Permitted Sublicensees”) in advertising and
promotional materials for the purpose of marketing the Parties’ relationship to Participating
122220-CCR
Rev. 10/2020 9
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by
Vendor and must comply with Vendor’s removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by
Sourcewell and must comply with Sourcewell’s removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s Trademarks only in good faith and in a dignified manner consistent
with such party’s use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws. Vendor’s indemnity for patent,
trademark and copyright claims shall not extend to infringements based on any designs,
plans or other specifications provided to Vendor by Sourcewell or the Participating Entity.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
122220-CCR
Rev. 10/2020 10
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota. The United Nations Convention on the International Sales of Goods shall not apply
to this Contract.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
122220-CCR
Rev. 10/2020 11
2. A material breach of any term or condition of this Contract.
Written notice of default and no less than thirty days opportunity to cure must be issued by the
party claiming default. Time allowed for cure will not diminish or eliminate any liability for
liquidated or other damages. If the default remains after the opportunity for cure, the non-
defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non-owned automobiles in limits
122220-CCR
Rev. 10/2020 12
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers’ Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
122220-CCR
Rev. 10/2020 13
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. Vendor will comply fully with all laws and regulations applicable
to the manufacturing of its Equipment or Products and to the Services rendered under this
Contract. Vendor assumes no responsibility, whether by indemnity, warranty, or otherwise, for
compliance with laws and regulations concerning matters over which it has no control (e.g.,
occupational health and safety, pollution, local codes, etc.), related to the use, installation or
operation of the Equipment or Products sold under this Contract.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
122220-CCR
Rev. 10/2020 14
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
122220-CCR
Rev. 10/2020 15
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
122220-CCR
Rev. 10/2020 16
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview
and discussion relating to such documents.
122220-CCR
Rev. 10/2020 17
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell Club Car, LLC
By: __________________________ By: __________________________
Jeremy Schwartz Jeff Miller
Title: Director of Operations &
Procurement/CPO
Title: Director of Sales Global Strategic
Accounts and Custom Solutions
Date: ________________________ Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 122220 Vendor Name: Club Car, LLC.
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:1
Introduction and First Reading 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. Second Reading and Action:
January 28, 2025.
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 1/13/2025Page 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
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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
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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
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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
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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.
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(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.
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Sec. 2.06. Vacancies; Recall; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the
person's death, resignation, removal from office or forfeiture of office in any manner
authorized by law.
(b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set forth
in SDCL Title 9.
(c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the Mayor
or Council Member:
1. Lacks at any time during the term of office for which elected any qualification for the
office prescribed by this Charter or by law.
2. Violates any expressed prohibition in Section 78.02 of this Charter.
3. 3. FFails to maintain residency within the city limits.
4. 4. Is convicted of a felony.
5.5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during
a fiscal year, or three consecutive regular meetings of the Council, without being
excused by the Council.
(d) Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a
City Council Member shall be filled for the remainder of the unexpired term at the next
regular City election. The Council, by a majority vote of all its remaining members, shall
appoint a qualified person to fill the vacancy until the person elected to serve the remainder
of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior
to the next regular City election, then the person appointed to fill the vacancy shall continue
to serve and the vacancy shall be filled at the regular City election immediately following
the next regular City election. Notwithstanding the requirement in Section 2.11, if at any
time the membership of the Council is reduced to less than six (6,) the remaining members
shall, within sixty (60) days, fill the vacancies by appointment or call for a special election
to fill the vacancies.
Sec. 2.07. Judge of Qualifications.
The City Council shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office. The Council shall have the power to set additional
standards of conduct for its members beyond those specified in the charter and may provide for
such penalties as it deems appropriate, including forfeiture of office. In order to exercise these
powers, the Council shall have power to subpoena witnesses, administer oaths and require the
production of evidence. A member charged with conduct constituting grounds for forfeiture of
office shall be entitled to a public hearing on demand, and notice of such hearing shall be
published in one or more newspapers of general circulation in the City at least seven (7) days in
advance of the hearing. Decisions made by the Council under this section shall be subject to
judicial review.
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,,
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shall be valid or binding unless adopted by the affirmative vote of four (4) or more members
of the Council.
Sec. 2.12. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this Charter to be done
by ordinance, those acts of the City Council shall be by ordinance which:
1. Adopt or amend an administrative code or establish, alter, or abolish any City
department, office or agency;
2. Levy taxes;
3. Grant, renew or extend a franchise;
4. Regulate land use and development;
5. Amend or repeal any ordinance previously adopted;
6. Establish and regulate the conduct of elections;
Acts other than those referred to in the preceding sentence may be done either by ordinance
or by resolution.
Sec. 2.13. Ordinances and Resolutions in General.
City ordinances and resolutions shall be introduced, published, enacted, recorded, and
codified as provided in state law; however, the City Council may by ordinance amend such
requirements.
Sec. 2.14. Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the City
Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes,
grant, renew or extend a franchise, or authorize the borrowing of money except as provided in
Section 5.06(b)4.06(b). An emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally, except that it shall be plainly designated as an emergency
ordinance, and shall contain, after the enacting clause, a declaration stating that an emergency
exists, and describing it in clear and specific terms. An emergency ordinance may be adopted
with or without amendment, or rejected at the meeting at which it is introduced, but the
affirmative vote of at least five (5) members shall be required for adoption. After its adoption,
the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall
become effective upon adoption or at such later time as it may specify. Every emergency
ordinance except one made pursuant to Section 4.06(b) shall automatically stand repealed as of
the 61st day following the date on which it was adopted, but this shall not prevent re-enactment
of the ordinance in the manner specified in this section if the emergency still exists. An
emergency ordinance may also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency ordinances.
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(Supp. No. 17)
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Sec. 2.15. Codes of Technical Regulations.
The City Council may adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements governing such an adopting ordinance
shall be as prescribed for ordinances generally, except that:
1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of
the adopting ordinance.
2. A copy of each adopted code of technical regulations as well as of the adopting
ordinance shall be authenticated and recorded by the City Clerk pursuant to Section
2.16(a).
Copies of any adopted code of technical regulations shall be made available by the City
Clerk for distribution or for purchase at a reasonable price.
Sec. 2.16. Authentication and Recording; Codification; Printing.
a. Authentication and Recording. The City Clerk shall authenticate by signing and shall record
in full in a properly indexed book kept for that purpose all ordinances and resolutions
adopted by the City Council.
b. Codification. Within three years after adoption of this Charter, and at least every ten years
thereafter, the City Council shall provide for the preparation of a general codification of all
City ordinances and resolutions having the force and effect of law. The general codification
shall be adopted by the Council by ordinance and shall be published promptly in bound or
loose-leaf form, together with this Charter and any amendments thereto, together with
pertinent provisions of the Constitution and other laws of the State of South Dakota, and
such codes of technical regulations and other rules and regulations as the Council may
specify. This compilation shall be known and cited officially as the Brookings City Code of
Ordinances. Copies of the Code shall be furnished to City officers, placed in libraries and
public offices for free public reference and made available for purchase by the public at a
reasonable price establishedfixed by the Council. The term "City Council" or "Council"
shall replaces and means the term "City Commission" or "Commission" in the Code of
Ordinances.
c. City Charter Review. The City Council shall provide for a review of the City Charter at least
every ten years, and more frequently if the City Council determines the circumstances
warrant a City Charter review.
d. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance and
resolution having the force and effect of law and each amendment to this Charter to be
printed promptly following its adoption, and the printed ordinances, resolutions and
Ccharter amendments shall be distributed or sold to the public at reasonable prices as
establishedfixed by the Council. Following publication of the first Brookings City Code of
Ordinances and at all times thereafter, tThe ordinances, resolutions and charter amendments
shall be printed in substantially the same style as the code currently in effect and shall be
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suitable in form for integration therein. The Council shall make such further arrangements
as it deems desirable with respect to reproduction and distribution of any current changes in
or addition to the provisions of the Constitution and other laws of the State of South Dakota,
or the codes of technical regulations and other rules and regulations included in the cCode.
ARTICLE IIAI. CITY MANAGER
Sec. 32A.01. Appointment; Qualifications; Compensation.
The City Council by the affirmative vote of four (4) or more members of the Council shall
appoint a City Manager for an indefinite term and fix the manager's compensation. The City
Council shall conduct a review of the performance of the City Manager at least annually. The
City Manager shall be appointed solely on the basis of executive and administrative
qualifications and professional employment experience as a city manager or assistant city
manager. The Manager need not be a resident of the City or the Sstate of South Dakota at the
time of appointment, but must establish residency within the City of Brookings within 90 days of
appointment unless an extension to establish residency is approved by the City Councilmay
reside outside the City while in office only with the approval of the Council.
Sec. 32A..02. Removal and Resignation.
The City Manager may be suspended by a resolution approved by the affirmative vote of
four (4) or more Members of the City Council which shall set forth the reasons for suspension
and proposed removal. A copy of such resolution shall be served immediately upon the City
Manager. The City Manager shall have fifteen days in which to reply thereto in writing. The City
Manager may request and willshall be afforded a public hearing, and the City Council shall set a
time for a public hearing upon the question of the City Manager's removal. After the public
hearing, if one is requested, the City Council by the affirmative vote of four (4) of its total
membership may adopt a final resolution requesting the resignation of the City Manager or,
alternatively, removal of the City Manager if the City Manager declines to resignof removal. The
City Manager shall continue to receive full salary until the effective date of a final resolution of
removal or resignation.
Sec. 32A..03. Acting City Manager.
By letter filed with the City Clerk, the City Manager shall designate a City officer or
employee to exercise the powers and perform the duties of City Manager during the City
Mmanager's temporary absence or disability. The City Council may revoke such designation at
any time and appoint another officer of the City to serve until the City Manager returns.
Sec. 32A..04. Powers and Duties of City Manager.
The City Manager shall be the chief administrative officer of the City, responsible to the
Council for the administration of all city matters placed in the City mManager's charge by or
under this Charter. The City Manager shall:
1. Appoint and, when necessary in their discretion, suspend or remove all city employees
and appointive administrative officers provided for by or under this Charter. The City
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Manager may authorize any administrative employee or officer subject to the City
mManager's direction and supervision to exercise these powers with respect to
subordinates in that employee or officer's department, office or agency;
2. Direct and supervise the administration of all departments, offices and agencies of the
City, except as otherwise provided by this Charter or by law;
3. Attend all City Council meetings. The City Manager shall, except when the governing
body may be considering suspension or removal of the City Manager, have the right to
take part in discussion but shall not vote;
4. See that all laws, provisions of this Charter and acts of the City Council, subject to
enforcement by the City Manager or by employees or officers subject to the the City
mManager's direction and supervision, are faithfully executed;
5. Prepare and submit the annual budget and capital program to the City Council;
6. Submit updates annually on the date specified by the City Council a tenfive-year
capital program in such form as the City Manager deems desirable or the Council may
require;
7. Submit updates annually on the date specified by the City Council a tenfive-year
financial plan in such form as the City Manager deems desirable or the Council may
require;
8. Keep the City Council fully advised as to the financial condition and future needs of
the CitySubmit to the City Council and make available to the public a complete report
on the finances and administrative activities of the City as of the end of each fiscal
year;
9. Make such other reports as the City Council may require concerning the operations of
City departments, offices and agencies subject to the City Manager's direction and
supervision;
10. Keep the City Council fully advised as to the financial condition and future needs of
the City;
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;
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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.
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Sec. 54.02. Submission of Budget and Budget MessageNarrative.
On or before the 30th first day of SeptemberAugust of each year, the City Manager shall
submit to the City Council a budget for the ensuing fiscal year and an accompanying messagea
budget narrative.
Sec. 54.03. Budget.
The budget shall provide a complete financial plan of all City funds and activities for the
ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the
City Council may require. The budget shall begin with a clear general summary of its contents;
shall show in detail all estimated income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and expenditures of the
current fiscal year and actual income and expenditures of the current fiscal year. The budget shall
begin with a clear general summary of its contents; shall show in detail all estimated income, the
proposed property tax levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year, and shall be so arranged as to show comparative figures for estimated
income and expenditures of the current fiscal year and actual income and expenditures of the
preceding fiscal year. It shall indicate in separate sections:
1. The proposed goals and objectives and expenditures for current operations during the
ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose
or activity, and the method of financing such expenditures.
2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund by
organizational unit when practicable, and the proposed method of financing each such
capital expenditure.
3. The long-term financial impact of the proposed budget, including future debt service
requirements and the impact on fund balances. For any fund, the total of proposed
expenditures shall not exceed the total of estimated income plus the fund balance
carried forward, exclusive of reserves.
For any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus the fund balance carried forward, exclusive of reserves.
Sec. 5.044.04. City Council Action on Budget.
a. Budget Hearings. The City Council shall hold at least one may schedule public hearings on
the proposed budget at a convenient time to allow for public input. Additional hearings may
be scheduled as needed. Notice of the time and place of such hearings shall be published in
accordance with applicable laws at appropriate times and may direct changes in the City
Manager's proposed budget.
b. Amendment Before Adoption. The City Council shall adopt the final budget on or before the
30th day of September of the fiscal year currently ending. If it fails to adopt the budget by
this date, the budget proposed by the City Manager shall go into effectAfter the public
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
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 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 #:ORD 25-003,Version:1
Introduction and First Reading 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 Hearing and Action: January 28, 2025.
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 - January 2025
Large Scale Residential Development Plan - April 2024
Traffic Impact Study Summary
City of Brookings Printed on 1/10/2025Page 1 of 1
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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 could have a maximum of 116
housing units if all the lots are developed as two-family units. The proposed density is
roughly 3.8 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 – January 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 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 Council
at 6:00 PM on Tuesday, January 28, 2025, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 15th 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 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
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 24-038,Version:2
Public Hearing and Action 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).
Summary and Recommended Action:
Perelandra LLC has submitted a petition to rezone Lots 1 and 2 in Block 1 of Bowes Addition from an
Agriculture A District to a Residence R-1A Single-Family District.
The Development Review Team recommends approval. The Planning Commission voted 5-0 to
recommend approval.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
City of Brookings Printed on 1/10/2025Page 1 of 1
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City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: December 17, 2024 / January 14, 2025
Subject: Ordinance 24-038: Rezone Lots 1 and 2 in Block 1 of Bowes
Addition from an Agriculture A district to a Residence R-1A
Single-family district.
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Perelandra LLC has submitted a petition to rezone Lots 1 and 2 in Block 1 of Bowes
Addition from an Agriculture A district to a Residence R-1A Single-family district.
The Development Review Team recommends approval. The Planning Commission
voted 5-0 to recommend approval.
Item Details:
The area to be rezoned includes two lots. Lot 1 is a 1.15-acre lot currently zoned
Agriculture. Lot 2 is a 1.150-acre lot also currently zoned Agriculture. Both lots
previously include mobile home dwellings which have since been moved off site. The
lots are located just south of Western Estates along the south side of an unimproved
road.
The area is designated as Medium Density Residential on the future land use map.
Adjacent zoning includes Agriculture to the south, east and west and Residence R-3A to
the north.
The applicant has recently completed a floodplain development permit for th e proposed
home.
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
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
ORDINANCE 24-038
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS
BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA:
SECTION 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows, to-wit:
Lot 1 and Lot 2 in Block 1 of Bowes Addition from an Agriculture A District to a
Residence R-1A Single-Family 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: December 17, 2024
SECOND READING AND ADOPTION: January 14, 2025
PUBLISHED: January 17, 2025
CITY OF BROOKINGS, SD:
________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 24-038
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 14, 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 24-038, an
Ordinance to change the Zoning within the City of Brookings. At which time and place
all persons interested will be given a full, fair and complete hearing thereon. Dated in
Brookings, South Dakota, this 3rd 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 Perelandra LLC has submitted a petition to
rezone the following described real estate in the City of Brookings and Brookings County,
South Dakota:
Lots 1 and 2 in Block 1 of Bowes Addition, City of Brookings, Brookings County,
South Dakota.
The request is to rezone the above-described real estate from an Agriculture A District to a
Residence R-1A Single-family District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, December 3, 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 Planning Commission is a
recommendation made to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 20th day of November, 2024.
Ryan Miller
City Planner
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 25-005,Version:1
Public Hearing and Action on Resolution 25-005, a Resolution of Intent to Lease Real Property at the
Brookings Regional Airport to Civil Air Patrol Inc.
Summary and Recommended Action:
Staff recommends approval of this resolution to lease the Brookings Regional Airport Terminal
Building to Civil Air Patrol, Inc. for a period of five (5) years.
The City desires to renew a lease to the Civil Air Patrol for the Airport Terminal Building. The Civil Air
Patrol is an affiliate of the “SD Civil Air Patrol Wing” and they provide Cadet programs for leadership,
aerospace education to interested students, and emergency services. They have been leasing the
Terminal Building since 2012. The City Council had approved a reduced lease rate for the Civil Air
Patrol for the last 5 years due to their limited funding. The City is allowed to apply a lower lease rate
for Not-For-Profit Aviation Organizations. The lease rate will be $97.85 per month plus half of the
utility costs starting in 2025 with a 3% annual increase in the lease amount each January 1 st.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 1/9/2025Page 1 of 1
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City Council Agenda Item Memo
From: Charlie Richter, City Engineer
Council Meeting: January 14, 2025
Subject: Resolution 25-005: Intent to Lease Real Property at
Brookings Regional Airport to Civil Air Patrol, Inc.
Presenter: Lucas Dahl, Airport Manager
Summary and Recommended Action:
Staff recommends approval of the attached Resolution, an intent to lease approximately
1,020 square foot of the Brookings Regional Airport Terminal Building to Civil Air Patrol,
Inc. for a period of five (5) years, starting on February 1, 2025, at a lease rate of $97.85
per month ($0.094/sq. foot), with three percent (3%) increases each year.
Item Details:
The Civil Air Patrol has requested renewal of their lease for the City-owned Airport
Terminal Building. On November 21, 2024 the Airport Board met and unanimously
recommended the renewal of the lease, as the Civil Air Patrol provides essential
emergency services when disasters hit and they mentor and educate local students
interested in aviation and search and rescue.
The Civil Air Patrol is an affiliate of the “SD Civil Air Patrol Wing.” Their mission is to
provide Cadet programs for leadership, aerospace education to interested students, and
emergency services. There are 550 Civil Air Patrol aircraft nationwide and six planes
are based in South Dakota. Locally, the Civil Air Patrol operates a Cessna 172, which
is owned by the Air Force. The Brookings Civil Air Patrol has 18 members (4 “senior”
members who are over 21 years old, and 14 students between the ages of 12 and 18).
The group meets weekly with the students for education and leadership, and they hold
other events such as search and rescue training, and a regional conference each year.
The Civil Air Patrol have been leasing the Terminal Building since 2012. In 2016 the
City Council approved a reduced lease rate to the Civil Air Patrol, due to their limited
funding and services to the community. The local Civil Air Patrol group is required to
pay for the lease, one-half of the utilities and most of the fuel for the airplane. Their
annual operating budget is approximately $3,000, which is raised through fundraisers
such as washing planes, etc. The local group also pays rent for a hangar at Pheasant’s
Fury, and purchases gas, both of which benefit the airport. The 2024 lease rate was
$95.00 per month, in addition to paying one-half of the utilities for the building.
Legal Consideration:
The City is allowed to apply a lower lease rate for this type of group. The FAA Airport
Compliance Manual, Order 5190-6B, Chapter 17, on self-sustainability, provides an
exception for Not-for-Profit Aviation Organizations, which is as follows:
“17.16. Exception for Not-for-Profit Aviation Organizations. Reduced Rent. A
sponsor may charge reduced rental rates to aviation museums and aeronautical
secondary and post-secondary education programs conducted by accredited
education institutions to the extent that civil aviation receives reasonable tangible
or intangible benefits from such use. A sponsor may also charge reduced rental
rates to Civil Air Patrol units operating aircraft at the airport.”
The following state statutes also apply:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any
personal or real property of the municipality or perform any work or render any
services, to the state or any public corporation thereof, to be used by such
grantee for an authorized public purpose; such lease or sale or gift and
conveyance, or the performance of such work, to be authorized, made or done
on the terms and in the manner provided by resolution of the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease
shall be for a term and upon the conditions provided by resolution of the
governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
A public notice was published, as required by SDCL and the proposed lease has been
reviewed by the City Attorney.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
If approved, the City will enter into a Lease Agreement with the Civil Air Patrol, Inc., for
a period of five (5) years, starting on February 1, 2025 and ending December 31, 2029.
The 2025 lease rate will be $97.85 per month and each January, the lease rate will
increase by three percent (3%). The Civil Air Patrol, Inc., will also pay one-half of the
utilities for the building, with the City funding the other half , as the building also supplies
power to essential FAA equipment which is not in the lease space. All revenue will be
deposited in fund #606 - Airport.
Supporting Documentation:
Resolution
Notice
Location Map
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
W HEREAS, 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.
Passed and Approved this 14th day 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 To Civil Air Patrol, Inc.
Notice is Hereby given that on Tuesday, January 14, 2025 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, City & County
Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of
Intent of the City of Brookings to lease to Civil Air Patrol Inc. the following property:
Approximately 1040 square feet in the Brookings Airport Terminal Building,
Brookings Regional Airport, in Section 26, T110N, R50W 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 to Civil Air Patrol Inc.
Dated this 14th day of January, 2025
"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."
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 #:ID 25-0028,Version:1
Public Hearing and Action 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.
Summary and Recommended Action:
The City of Brookings has received a request for an On-Off Sale Malt License, with Video Lottery
authorization, from GP2, LLC. Staff requests City Council to make a determination on issuance.
Legal description: Original Plat Addition Lot 4A Block 7, to the City of Brookings, Brookings County,
South Dakota.
Attachments:
Memo
Malt License: SDCL and City Code
Video Lottery: SDCL and Administrative Rule
Legal Notice
Location Map
Proposed Layout
Visuals
City of Brookings Printed on 1/10/2025Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 14, 2025
Subject: On-Off Sale Malt License, with Video Lottery authorization:
GP2 LLC
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
The City of Brookings has received an application for an On-Off Sale Malt License, with
Video Lottery authorization, from GP2 LLC. Staff requests City Council to make a
determination.
Separate action will be held for the Video Lottery authorization request.
Item Details:
GP2 LLC, has applied for an On-Off Sale Malt License for their proposed location at 406
Main Avenue, Suite D.
The City of Brookings has 1 available Video Lottery authorization, due to an inactive on -
off malt license, with video lottery authorization, which was not renewed in 2023.
This location will incorporate a Video Lottery authorization, holding up to 10 video lottery
machines. Their plan indicates the separate space has been designated. This would
comply with the video lottery requirements if the City Council approves the additional
On-Off Sale Malt License and if the City Council also approves a Video Lottery
authorization for this location within the building.
A public hearing and action by the local governing body is required. This license would
be effective upon State Department of Revenue approval and license issuance, and
subject to an annual renewal.
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:
License Fee (Malt): $300 ($150 to the City / $150 to the State of SD)
Video Lottery Fee: $50 / video lottery machine
Supporting Documentation:
Memo
Malt License: City Code and SDCL
Video Lottery: SDCL and Administrative Rule
Legal Notice
Location Map
Proposed Layout
Visuals
MALT LICENSES: BROOKINGS CITY CODE and SDCL REFERENCES
City Code of Ordinances
Chapter 6, Article 2, Section 6-42. Application Review Procedure. The city council
shall review all applications submitted to the city for available on-sale alcoholic
beverage agreements and for all alcoholic beverage licenses in accordance with SDCL
Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on -sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SD Codified Law References:
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the lice nse
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty f or
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
SDCL 35-2-6.2 Character requirements for licenses. Any licensee under this title
shall be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers of the corporation shall meet the same
qualifications.” Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26,
35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22.
VIDEO LOTTERY STATE STATUES AND ADMINISTRATIVE RULE
SDCL 42-7A-1. Definitions. Terms used in this chapter mean:
(6) "Licensed establishment," a bar or lounge owned or managed by an individual,
partnership, corporation, or association licensed to sell alcoholic beverages for
consumption upon the premises where sold;
SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed
pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for
video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge.
For the purposes of this section, a bar or lounge is an enterprise primarily maintained
and operated for the selling, dispensing, and consumption of alcoholic beverages on the
premises and may also include the sale and service of food. A bar or lounge may be
physically connected to another enterprise within the same building, which enterprise
may be owned or operated by the same person. There may be interior access between
a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling
opaque wall separation between the two enterprises. A separation wall may be
constructed to provide visual and physical access for employees from areas in the
building not open to the public. The bar or lounge shall have a separate entrance and
exit. A separate entrance and exit is not required if entrance to the bar may only be
obtained from the other distinct enterprise and the public may not enter the other
enterprise by first passing through the bar or lounge. All video lottery machines shall be
adequately monitored during business hours. Adequate monitoring shall be
accomplished by the personal presence of an employee or by an employee using video
cameras or mirrors and periodic inspections of the bar or lounge. No new license may
be issued to any establishment after July 1, 1992, unless such establishment complies
with this section. No license may be renewed to any establishment after July 1, 1993,
unless such establishment complies with this section.
SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited--
Placement in bar or lounge with on-sale license. The placement of video lottery
machines in licensed establishments shall be subject to the rules of the com mission
promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be
placed in any licensed establishment. The bar or lounge with an on -sale license issued
pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one
years of age or older. The entrance to the area where video lottery machines are
located shall display a sign that the premises are restricted to persons twenty-one years
or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty-
one may only enter the premises where video lottery machines are located provided
they are accompanied by a parent, guardian, or spouse of twenty-one years or older.
42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video
lottery licensed establishments. A municipality or county may consider, in addition to
the criteria for the issuance of an on-sale alcoholic beverage license, the following
criteria for authorizing video lottery machine placement in establishments issued an on-
sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16):
1) The number of establishments currently licensed for video lottery;
2) The proximity of the business to other establishments licensed for video lottery;
3) The type of business and manner in which the applicant proposes to operate it;
4) The location of the business in relation to other businesses, residential areas, or
activities within the same general area;
5) The extent to which minors frequent a business connected to the one proposed;
and
6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the
business premises is authorized for video lottery machine placement. An existing video
lottery license may not be denied renewal or transfer based upon the criteria set forth in
this section. The lottery may issue a video lottery license to those establishments
certified pursuant to this section. Notwithstanding the above provisions, a county or
municipality may not restrict the number of alcoholic beverage licenses issued under
subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than
those licensed as video lottery establishments on March 1, 1994.
ADMINISTRATIVE RULES:
48:02:11:01. Location of machines in establishment. All video lottery machines in
licensed establishments must be physically located as follows:
1) In the sight and control of the owner, manager, or an employee of the licensed
establishment from the location at which alcoholic beverages are dispensed;
2) In an area where alcoholic beverages are regularly dispensed and consumed in
the ordinary and usual course of business;
3) In an area that ensures public access to the machines is restricted to persons
legally entitled by age to be on the premises;
4) In an area which is at all times monitored by the owner, manager, or employee of
the licensed establishment to prevent access or play of video lottery machines by
persons under the age of 21.
48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who
hold more than one license for the on-sale consumption of alcoholic beverages may
have machines placed for each license issued provided the following requirements are
met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the sale
and consumption of alcoholic beverages for each establishment license
approved by the lottery;
4) No more than one establishment license is issued to any person for the same
legally described premises contained in the alcoholic beverage license.
48:02:05:05. Duties of licensed establishments. Specific duties of owners,
managers, and designated employees of licensed establishments are as follows:
1) Provide a secure premise for the placement, operation, and play of video lottery
machines;
2) Permit no one to tamper with or interfere with the approved operation of any
video lottery machine;
3) Ensure that communication lines to the video lottery machines are at all times
connected and prevent any person from tampering or interfering with the
approved, continuing operation of the lines;
4) Contract only with persons authorized under this title to directly share in
revenues generated from net machine income;
5) Ensure that video lottery machines are placed and remain as placed within the
sight and control of the owner, manager, or designated employee while engaging
in the actual dispensing of alcoholic beverages from the location where alcoholic
beverages are dispensed;
6) Ensure that video lottery machines are placed and remain as placed in the
specific area of the licensed establishment where alcoholic beverages are
regularly dispensed and consumed in the ordinary and usual course of business;
7) Monitor video lottery machines to prevent access to or play by persons who are
under the age of 21 years or who are visibly intoxicated;
8) Commit no violations of the laws of this state concerning the sale, dispensing,
and consumption on premises of alcoholic beverages that results in suspension
or revocation of its license;
9) Maintain at all times change and cash in the denominations accepted by the
video lottery machines located in the establishment;
10) Extend no credit for video lottery machine play;
11) Pay all credits upon presentment of a valid winning ticket in accordance with
SDCL 42-7A-37 and chapter 48:02:12;
12) Exercise caution and good judgment in providing cash for checks presented for
video lottery machine play;
13) Report promptly all malfunctions of video lottery machines to the operator and
notify the lottery of an operator's failure to provide service and repair of mach ines
and associated equipment as required under this title;
14) Conduct advertising and promotional activities of the video lottery in accordance
with decency, dignity, honesty, and good taste so that it does not reflect
adversely on the lottery or the state of South Dakota;
15) Install, post, and display prominently at locations within or about the premises
signs, redemption information, and other promotional material as required by the
lottery. Use of the trademarked video lottery logo must be approved by the
lottery;
16) Immediately notify operators of all out-of-service machines; and
17) Immediately notify the lottery of an operator's failure to respond within 24 hours
after notice to the operator of an out-of-service machine.
Notice of Public Hearing
On-Off Sale Malt License, with Video Lottery, GP2, LLC
NOTICE IS HEREBY GIVEN that the City Council in and for the City of Brookings,
South Dakota, on Tuesday, January 14, 2025, at 6:00 p.m. CST, in the Council
Chambers, Brookings City & County Government Center, 520 3rd Street, in said City of
Brookings, will meet in regular session to consider the following On-Off Sale Malt
License, with Video Lotter for GP2, LLC 406 Main Avenue Suite D, Brookings, South
Dakota, legal description: Original Plat Addition Lot 4A Block 7. At which time and place
all persons interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 3rd 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 #:ID 25-0029,Version:1
Public Hearing and Action on a request for a Video Lottery authorization for GP2, LLC to be located
at 406 Main Avenue, Suite D.
Summary and Recommended Action:
The City of Brookings has received a request for a Video Lottery authorization for GP2, LLC. Staff
requests City Council to make a determination on issuance.
Attachments:
Memo
Video Lottery: SDCL and Administrative Rule
Malt License: City Code and SDCL
Legal Notice
Video Lottery List
Location Map
Proposed Building Plan
Visuals
Current Video Lottery Locations Map
City of Brookings Printed on 1/13/2025Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 14, 2025
Subject: Video Lottery Authorization: GP2, LLC
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
The City of Brookings has received a request for a Video Lottery authorization for GP2,
LLC. Staff requests City Council to make a determination.
Item Details:
GP2, LLC, has applied for an On-Off Malt License, with video lottery authorization, for
406 Main Avenue, Suite D.
The City of Brookings has 1 available Video Lottery authorization, due to an inactive on -
off malt license, with video lottery authorization, which was not renewed in 2023.
This location would incorporate a Video Lottery authorization, allowing up to 10 video
lottery machines. Their plan indicates the separate space has been designated. This
would comply with the video lottery requirements if the City Council approves the
additional On-Off Sale Malt License and if the City Council also approves the Video
Lottery authorization for this location.
A public hearing and action by the local governing body is required. This authorization
would be effective upon State Lottery Office approval and license issuance, and subject
to annual renewal.
SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in
video lottery licensed establishments. A municipality or county may consider, in
addition to the criteria for the issuance of an on -sale alcoholic beverage license, the
following criteria for authorizing video lottery machine placement in establishmen ts
issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and
(16):
1. The number of establishments currently licensed for video lottery;
2. The proximity of the business to other establishments licensed for video lottery;
3. The type of business and manner in which the applicant proposes to operate it;
4. The location of the business in relation to other businesses, residential areas, or
activities within the same general area;
5. The extent to which minors frequent a business connected to the one proposed;
and
6. The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the
business premises is authorized for video lottery machine placement. An existing video
lottery license may not be denied renewal or transfer based upon the criteria set forth in
this section. The lottery may issue a video lottery license to those establishments
certified pursuant to this section. Notwithstanding the above provisions, a county or
municipality may not restrict the number of alcoholic beverage licenses issued under
subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than
those licensed as video lottery establishments on March 1, 1994.
Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex.
Ord. 11-1), § 161, eff. Apr. 12, 2011.
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:
Video Lottery Fee: $50 / machine
Supporting Documentation:
Video Lottery: SDCL and Administrative Rule
Malt License: City Code and SDCL
Legal Notice
Video Lottery List
Location Map
Proposed Building Plan
Visuals
Current Video Lottery Locations Map
VIDEO LOTTERY STATE STATUES AND ADMINISTRATIVE RULE
SDCL 42-7A-1. Definitions. Terms used in this chapter mean:
(6) "Licensed establishment," a bar or lounge owned or managed by an individual,
partnership, corporation, or association licensed to sell alcoholic beverages for
consumption upon the premises where sold;
SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed
pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for
video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge.
For the purposes of this section, a bar or lounge is an enterprise primarily maintained
and operated for the selling, dispensing, and consumption of alcoholic beverages on the
premises and may also include the sale and service of food. A bar or lounge may be
physically connected to another enterprise within the same building, which enterprise
may be owned or operated by the same person. There may be interior access between
a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling
opaque wall separation between the two enterprises. A separation wall may be
constructed to provide visual and physical access for employees from areas in the
building not open to the public. The bar or lounge shall have a separate entrance and
exit. A separate entrance and exit is not required if entrance to the bar may only be
obtained from the other distinct enterprise and the public may not enter the other
enterprise by first passing through the bar or lounge. All video lottery machines shall be
adequately monitored during business hours. Adequate monitoring shall be
accomplished by the personal presence of an employee or by an employee using video
cameras or mirrors and periodic inspections of the bar or lounge. No new license may
be issued to any establishment after July 1, 1992, unless such establishment complies
with this section. No license may be renewed to any establishment after July 1, 1993,
unless such establishment complies with this section.
SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited--
Placement in bar or lounge with on-sale license. The placement of video lottery
machines in licensed establishments shall be subject to the rules of the com mission
promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be
placed in any licensed establishment. The bar or lounge with an on -sale license issued
pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one
years of age or older. The entrance to the area where video lottery machines are
located shall display a sign that the premises are restricted to persons twenty-one years
or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty-
one may only enter the premises where video lottery machines are located provided
they are accompanied by a parent, guardian, or spouse of twenty-one years or older.
42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video
lottery licensed establishments. A municipality or county may consider, in addition to
the criteria for the issuance of an on-sale alcoholic beverage license, the following
criteria for authorizing video lottery machine placement in establishments issued an on-
sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16):
1) The number of establishments currently licensed for video lottery;
2) The proximity of the business to other establishments licensed for video lottery;
3) The type of business and manner in which the applicant proposes to operate it;
4) The location of the business in relation to other businesses, residential areas, or
activities within the same general area;
5) The extent to which minors frequent a business connected to the one proposed;
and
6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of
Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the
business premises is authorized for video lottery machine placement. An existing video
lottery license may not be denied renewal or transfer based upon the criteria set forth in
this section. The lottery may issue a video lottery license to those establishments
certified pursuant to this section. Notwithstanding the above provisions, a county or
municipality may not restrict the number of alcoholic beverage licenses issued under
subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than
those licensed as video lottery establishments on March 1, 1994.
ADMINISTRATIVE RULES:
48:02:11:01. Location of machines in establishment. All video lottery machines in
licensed establishments must be physically located as follows:
1) In the sight and control of the owner, manager, or an employee of the licensed
establishment from the location at which alcoholic beverages are dispensed;
2) In an area where alcoholic beverages are regularly dispensed and consumed in
the ordinary and usual course of business;
3) In an area that ensures public access to the machines is restricted to persons
legally entitled by age to be on the premises;
4) In an area which is at all times monitored by the owner, manager, or employee of
the licensed establishment to prevent access or play of video lottery machines by
persons under the age of 21.
48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who
hold more than one license for the on-sale consumption of alcoholic beverages may
have machines placed for each license issued provided the following requirements are
met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the sale
and consumption of alcoholic beverages for each establishment license
approved by the lottery;
4) No more than one establishment license is issued to any person for the same
legally described premises contained in the alcoholic beverage license.
48:02:05:05. Duties of licensed establishments. Specific duties of owners,
managers, and designated employees of licensed establishments are as follows:
1) Provide a secure premise for the placement, operation, and play of video lottery
machines;
2) Permit no one to tamper with or interfere with the approved operation of any
video lottery machine;
3) Ensure that communication lines to the video lottery machines are at all times
connected and prevent any person from tampering or interfering with the
approved, continuing operation of the lines;
4) Contract only with persons authorized under this title to directly share in
revenues generated from net machine income;
5) Ensure that video lottery machines are placed and remain as placed within the
sight and control of the owner, manager, or designated employee while engaging
in the actual dispensing of alcoholic beverages from the location where alcoholic
beverages are dispensed;
6) Ensure that video lottery machines are placed and remain as placed in the
specific area of the licensed establishment where alcoholic beverages are
regularly dispensed and consumed in the ordinary and usual course of business;
7) Monitor video lottery machines to prevent access to or play by persons who are
under the age of 21 years or who are visibly intoxicated;
8) Commit no violations of the laws of this state concerning the sale, dispensing,
and consumption on premises of alcoholic beverages that results in suspension
or revocation of its license;
9) Maintain at all times change and cash in the denominations accepted by the
video lottery machines located in the establishment;
10) Extend no credit for video lottery machine play;
11) Pay all credits upon presentment of a valid winning ticket in accordance with
SDCL 42-7A-37 and chapter 48:02:12;
12) Exercise caution and good judgment in providing cash for checks presented for
video lottery machine play;
13) Report promptly all malfunctions of video lottery machines to the operator and
notify the lottery of an operator's failure to provide service and repair of mach ines
and associated equipment as required under this title;
14) Conduct advertising and promotional activities of the video lottery in accordance
with decency, dignity, honesty, and good taste so that it does not reflect
adversely on the lottery or the state of South Dakota;
15) Install, post, and display prominently at locations within or about the premises
signs, redemption information, and other promotional material as required by the
lottery. Use of the trademarked video lottery logo must be approved by the
lottery;
16) Immediately notify operators of all out-of-service machines; and
17) Immediately notify the lottery of an operator's failure to respond within 24 hours
after notice to the operator of an out-of-service machine.
MALT LICENSES: BROOKINGS CITY CODE and SDCL REFERENCES
City Code of Ordinances
Chapter 6, Article 2, Section 6-42. Application Review Procedure. The city council
shall review all applications submitted to the city for available on-sale alcoholic
beverage agreements and for all alcoholic beverage licenses in accordance with SDCL
Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on -sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SD Codified Law References:
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county in which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the lice nse
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty f or
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
SDCL 35-2-6.2 Character requirements for licenses. Any licensee under this title
shall be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers of the corporation shall meet the same
qualifications.” Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26,
35-6-4; SL 1971, ch 211, § 25; SL 2018, ch 213, § 22.
Notice of Public Hearing
On-Off Sale Malt License, with Video Lottery, GP2, LLC
NOTICE IS HEREBY GIVEN that the City Council in and for the City of Brookings,
South Dakota, on Tuesday, January 14, 2025, at 6:00 p.m. CST, in the Council
Chambers, Brookings City & County Government Center, 520 3rd Street, in said City of
Brookings, will meet in regular session to consider the following On-Off Sale Malt
License, with Video Lotter for GP2, LLC 406 Main Avenue Suite D, Brookings, South
Dakota, legal description: Original Plat Addition Lot 4A Block 7. At which time and place
all persons interested will be given a full, fair and complete hearing ther eon.
Dated at Brookings, South Dakota, this 18th day of December, 2024.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $
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A B C D E F
# Video
Business Owner Lottery Machines
Malt / Wine License Holders
1 Boss's Pizzeria & Sports Bar On In 2 LLC / Darren Newborg and Dallas Wilkinson 7
2 BP of Brookings, Suite A BP of Brookings, Inc. / Lance Park and Dan Park 9
3 BP of Brookings, Suite B BP of Brookings, Inc. / Lance Park and Dan Park 8
4 Carpy's Pub George Faehnrich 10
5 Casino 2000, Suite A Behrend Management / Brooks Behrend 10
6 Casino 2000, Suite B (INACTIVE)Behrend Management / Brooks Behrend 0
7 Circle K / Holiday Station Stores (INACTIVE)Holiday Stationstores, LLC 0
8 Corner Pantry #19 MG Oil Co. / Marlyn Erickson and Troy Erickson 10
9 Corner Pantry #24, Suite A MG Oil Co. / Marlyn Erickson and Troy Erickson 10
10 Corner Pantry #24, Suite B MG Oil Co. / Marlyn Erickson and Troy Erickson 10
11 The Depot Casino MG Oil Co. / Marlyn Erickson and Troy Erickson 10
12 Deuces Casino, Suite 105A Common Wealth Gaming & Holdings, Co. / Bryant Soberg and Kirby Muilenburg 10
13 Deuces Casino, Suite 105B Common Wealth Gaming & Holdings, Co. / Bryant Soberg and Kirby Muilenburg 10
14 Deuces Casino, Suite 105C Common Wealth Gaming & Holdings, Co. / Bryant Soberg and Kirby Muilenburg 9
15 Deuces Casino, Suite 105D Common Wealth Gaming & Holdings, Co. / Bryant Soberg and Kirby Muilenburg 10
16 Deuces Casino, Suite 105E (INACTIVE)Common Wealth Gaming & Holdings, Co. / Bryant Soberg and Kirby Muilenburg 0
17 4 Aces Casino, Suite A SVK Properties / Todd Voss 10
18 4 Aces Casino, Suite B SVK Properties / Todd Voss 10
19 4 Aces Casino, Suite C SVK Properties / Todd Voss 10
20 4 Aces Casino, Suite D SVK Properties / Todd Voss 10
21 The Lanes, Suite B MG Oil Co. / Marlyn Erickson and Troy Erickson 6
22 The Lanes, Suite C MG Oil Co. / Marlyn Erickson and Troy Erickson 9
23 Main Street Pub Gonz Productions, Inc. / Garner Hansen 6
24 PNP Pub Schoon's Pub Inc. / Jon Schoon 10
25 Ray's Corner, Suite B Icon Investments / Todd Voss 10
26 Schoon's Pump N' Pak South Schoon's Properties Inc. / Jon Schoon 10
27 South Main Diner SVK Properties, LLC / Todd Voss 10
28 South Main Diner, Suite B SVK Properties, LLC / Todd Voss 10
29 Tee'd Off Golf Tee'd Off Golf, LLC / B. & S. Brecher, J. & M. Schulte, C. Thompson 4
30 (Malt License was not renewed in 2023.)
Liquor License Holders (The City cannot restrict Video Lottery authorizations for On-Sale Liquor Licensees.)
1 Bank Saloon & Vault / Jack's Entertainment Jack's Entertainment LLC / Todd Voss and Bob Winter 10
2 Boss's Pizzeria On In 2 LLC / Dallas Wilkinson 7
3 Buffalo Wild Wings Bar & Grill W&P of Brookings LLC / Todd and Susan LaHaise 2
4 Cubby's Sports Bar & Grill GDT Inc. / Gus Theodosopoulos 7
5 Danny's David Olson, Inc., / David Olson 10
6 Jim's Tap Urquart Enterprises, Inc. / Don Urquhart 3
7 The Lanes MG Oil Co. / Marlyn Erickson and Troy Erickson 10
8 9 Bar Nightclub Nine Inc. / Gus Theodosopoulos 6
9 Ray's Corner, Suite A Icon Investments / Todd Voss 10
10 Skinner's Pub Greg & Shari Thornes 8
11 Sully's Irish Pub 3 Guys, LLC 7
12 The Wild Hare Wonder Inc. / Todd Voss, David Kneip, G. Kneip 10
S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\Summary - Lists\Video Lottery December 2024 List.xlsx Page 1
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A B C D E F
# Video
Business Owner Lottery Machines
50 TOTAL Video Lottery Machines 328 (Dated: December 2024)
S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\Summary - Lists\Video Lottery December 2024 List.xlsx Page 2
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 25-0043,Version:1
Executive Session, pursuant 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.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1) Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3) Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
5) Discussing marketing or pricing strategies by a board or commission of a business owned by
the state or any of its political subdivisions, when public discussion may be harmful to the
competitive position of the business; or
6) Discussing information pertaining to the protection of public or private property and any person
on or within public or private property specific to:
a. Any vulnerability assessment or response plan intended to prevent or mitigate criminal
acts;
b. Emergency management or response;
c. Public safety information that would create a substantial likelihood of endangering
public safety or property, if disclosed;
d. Cyber security plans, computer, communications network schema, passwords, or user
identification names;
e. Guard schedules;
f. Lock combinations;
g. Any blueprint, building plan, or infrastructure record regarding any building or facility
that would expose or create vulnerability through disclosure of the location,
configuration, or security of critical systems of the building or facility; and
h. Any emergency or disaster response plans or protocols, safety or security audits or
reviews, or lists of emergency or disaster response personnel or material; any location
or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other
military or law enforcement equipment or personnel.
However, any official action concerning the matters pursuant to this section shall be made at an open
official meeting. An executive or closed meeting must be held only upon a majority vote of the
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File #:ID 25-0043,Version:1
members of the public body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents
an executive or closed meeting if the federal or state Constitution or the federal or state statutes
require or permit it. A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019,
ch 2, § 1; SL 2022, ch 4, § 2.
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