The URL can be used to link to this page

Home My WebLink About2025_04_22 CC PacketCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, April 22, 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 25-01875.A. Page 1 City of Brookings April 22, 2025City Council Meeting Agenda - Final 4/15/2025 MinutesAttachments: Action on various Volunteer Board appointments.ID 25-00715.B. Memo Volunteer Board Appointments Attachments: Action on Resolution 25-044, a Resolution declaring surplus property for the City of Brookings. RES 25-0445.C. Memo Resolution Attachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 25-01945.D. Memo SDCL 35-4-124 Attachments: 6. Presentations/Reports: Proclamation and Recognition of City Attorney Steve Britzman.ID 25-01916.A. ProclamationAttachments: Report: SDSU Student Association.ID 25-01886.B. Update: Economic MergerID 25-01956.C. Report: Edgebrook Golf Course Water Sourcing.ID 25-01976.D. Memo Presentation Attachments: 7. Contracts/Change Orders: Action on Resolution 25-034, a Resolution Authorizing the City Manager to Sign a Bid Award and Grant Documents for Brookings Airport Hangar Taxilane Extension Construction Project, AIP #3-46-0005-040-2025, contingent on FAA funding. RES 25-0347.A. Memo Resolution Letter of Recommendation Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 25-038, a Resolution Awarding Bids on Project 2025-07STI, Freight on Board Asphalt Material. RES 25-0387.B. Page 2 City of Brookings April 22, 2025City Council Meeting Agenda - Final Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 25-039, a Resolution Awarding Bids on 2025-08STI Asphalt Maintenance Project. RES 25-0397.C. Memo Resolution Map Attachments: Action: Motion, Request Public Comment, Roll Call 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 25-012, an Ordinance amending Article III of Chapter 34 of the Code of Ordinances of the City of Brookings, and pertaining to the International Fire Code. Second Reading: May 13, 2025. ORD 25-0128.A. Memo Ordinance - clean Ordinance - marked Section 22-31 Attachments: 9. Public Hearings and Second Readings: Public Hearing and Action on Resolution 25-041, a Resolution to Annex Lots 1 and 2 in Clark 2nd Addition in the Southwest Quarter of Section 20, Township 110, Range 49 in Brookings County, South Dakota. RES 25-0419.A. Memo Resolution Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Annexation Petition Location Map Annexation Priority Area Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Public Hearing and Action on Resolution 25-042, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. RES 25-0429.B. Page 3 City of Brookings April 22, 2025City Council Meeting Agenda - Final Memo Resolution Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Map Amendment Area Floodplain Map Clark 2nd Addition Revisions Adjacent Property Revisions Future Land Use Map Exhibits Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Public Hearing and Action on a Commercial Corridor Design Review Overlay District Site Plan for 600 Main Avenue. ID 25-01829.C. Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Commercial Corridor Checklist Location Map Site Plan Elevations Renderings Adjacent Photos Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Second Reading and Action on Ordinance 25-011, an Ordinance amending Chapter 6, Article I, Section 6-8 of the Code of Ordinances of the City of Brookings pertaining to Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. ORD 25-0119.D. Memo Ordinance - clean Ordinance - marked Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 4/15/25 City Council read into the record 10. Other Business: Page 4 City of Brookings April 22, 2025City Council Meeting Agenda - Final Action on a Revised Preliminary Plat for Lots 2-3 in Block 2 and Block 3 of Reserve Fourth Addition. ID 25-018310.A. Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat - 2021 Revised Preliminary Plat Zoning Map Future Land Use Map Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 25-029, a Resolution Amending the Capital Improvement Fee for Edgebrook Golf Course. RES 25-02910.B. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 25-030, a Resolution of Intent to Lease Real Property to Ryan Companies US, Inc. RES 25-03010.C. Memo Resolution Notice Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 25-043, a Resolution Authorizing the Acquisition of the Fifth Street Gym Property by the City of Brookings from Brookings School District #5-1. RES 25-04310.D. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Action on authorizing the City Manager to enter into an Agreement for City Attorney Services. ID 25-019210.E. Memo Agreement Attachments: Action: Motion, Request Public Comment, Roll Call Action to appoint City Council Member, effective 5/01/2025-4/30/2026.ID 25-017310.F. Page 5 City of Brookings April 22, 2025City Council Meeting Agenda - Final Memo City Council Policy #205 - Vacancies City Charter Code of Ethics - Council Member Press Release Application Process and Timeline Attachments: Action: Motion, Request Public Comment, Roll Call City of Brookings Progress Report.ID 25-018911. 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, VACANT Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 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 25-0187,Version:1 Action to approve City Council meeting minutes. Attachments: 04/15/2025 City Council Minutes City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL April 15, 2025 (unapproved) The Brookings City Council held a meeting Tuesday, April 15, 2025 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, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman and City Clerk Bonnie Foster were also present. Election Canvass. Bonnie Foster, City Clerk, presented the Canvass for the April 8th Municipal Election. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the agenda be approved. The motion carried by the following vote: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. Study Session – Discussion with applicants for the vacant City Council Member position. Applicants Al Austreim, Larry Ayres, Lisa Hager, Michael Lambertus, and Zeno Wicks III provided information and responded to questions from the City Council. Applicant Blake Stevens withdrew his application. Public Comment: Tim Gutormson, Jeff West, John Mills, David Kneip, Zeno Wicks III, Mike McClemans, and Jane Payfer. The City Council is scheduled to vote on the appointment at the April 22, 2025 City Council meeting. Open Forum. Reggie Huff expressed concerns the City of Brookings is deficient in being welcoming and respectful of others. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that the consent agenda be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. A. Action to approve the March 25 and April 10, 2025 City Council Minutes. B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders: Sodexo Catering (License Holder RB-28249 and RW -28251): SDSU TL25-035, SDSU TL25-036, SDSU TL25-037, SDSU TL25-038, SDSU TL25-039, SDSU TL25–040 through 042, SDSU TL25-043 through 046. C. Action on Resolution 25-028, a Resolution Canvassing the April 8, 2025 Municipal Election. RESOLUTION 25-028 - CANVASSING THE APRIL 8, 2025 MUNICIPAL ELECTION WHEREAS, on the 8th day of April, 2025, there was held in the City of Brookings, South Dakota, an election for the purpose of electing two 3-year term Council Members and City Charter Amendments; and WHEREAS, the judges and clerks of said election have returned to the City Council of the City of Brookings the official results for the purpose of the Official Canvass; and WHEREAS, the City Council on April 15, 2025 has canvassed the results for the purpose of determining the official election outcome; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota that the official vote at the City Election held April 8, 2025 was as follows: (Note: 209 School-only ballots were cast in this election.) D. Action on Resolution 25-012, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for MG Oil Company, dba The Lanes, Marilyn Erickson and Troy Erickson, owners, 722 Western Avenue, Brookings, South Dakota. RESOLUTION 25-012 - ON-SALE LIQUOR OPERATING AGREEMENT - 5-YEAR MID-TERM RENEWAL; THE LANES BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and MG Oil Company, dba The Lanes, Marilyn Erickson and Troy Erickson, owners, for the purpose of an alcohol manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 722 Western Avenue. Legal description: Lots 1 and 2, Block 1, Snyder’s Addition. City Council 3-Year Term (2) Al Austreim Bonny Specker Holly Tilton Byrne Total Votes Cast Total Ballots Cast Vote Center 1 204 293 310 807 536 Vote Center 2 362 352 344 1,058 691 Vote Center 3 165 124 141 430 299 Vote Center 4 0 0 0 0 38 Absentee Vote Center 510 588 578 1,676 1,138 TOTAL 1,241 1,357 1,373 3,971 2,702 City Charter Amendments For Against Total Votes Cast Total Ballots Cast Vote Center 1 351 97 448 536 Vote Center 2 414 177 591 691 Vote Center 3 160 76 236 299 Vote Center 4 0 0 0 38 Absentee Vote Center 623 260 883 1,138 TOTAL 1,548 610 2,158 2,702 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement renewal on behalf of the City, which shall be for the remaining 5 years of the 10-year Agreement. E. Action on Resolution 25-016, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Wonder, Inc., dba The Wild Hare, Todd Voss and Bob Winter, and Ann Park owners, 303 3rd Street, Brookings, South Dakota. Legal description: West 75’ of Lots 20 and 21, Block 3, Original Plat Addition. RESOLUTION 25-016 - ON-SALE LIQUOR OPERATING AGREEMENT RENEWAL WONDER, INC., DBA THE WILD HARE BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and Wonder, Inc., dba The Wild Hare, Todd Voss and Bob Winter, and Ann Park, owners, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 303 3rd Street. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement renewal on behalf of the City, which shall be for a period of five (5) years. F. Action on Resolution 25-024, a Resolution Awarding the Bid for Portable Litter Control Fences. RESOLUTION 25-024 - RESOLUTION AWARDING BID FOR PORTABLE LITTER CONTROL FENCES WHEREAS, the City of Brookings utilizes portable litter fences to control wind-blown litter at the Brookings Regional Landfill; and WHEREAS, the City opened bids for Portable Litter Control Fencing on Tuesday, March 11, 2025 at 1:30 pm at Brookings City & County Government Center; and WHEREAS, Metta Technologies, Inc. submitted the lowest responsive bid in the amount of $74,000; and WHEREAS, the 2025 adopted budget includes $90,000 for this purchase under fund 625 – Solid Waste Disposal. NOW, THEREFORE BE IT RESOLVED the lowest responsive bid of $74,000 from Metta Technologies, Inc. be accepted. Report: SDSU Student Association. Anna Hundt, SDSU Student’s Association Government Affairs Chair, provided an update on SDSU current affairs. Report: City Council Ex-Officio Reports. A Brookings Municipal Utility Board report was given by Council Members Avery. A Brookings Health Systems Board of Trustees report was given by Council Member Doran. Update: Downtown Fire. Jacob Meshke, Deputy City Manager, provided an update on the December 2024 Downtown Fire. Resolution 25-033. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 25-033, a Resolution Authorizing Naming the Fire Training Tower in the City of Brookings, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-033 - A RESOLUTION AUTHORIZING NAMING THE FIRE TRAINING TOWER IN THE CITY OF BROOKINGS WHEREAS, City Council Policy #303 defines a process for the naming of certain public spaces or improvements; and WHEREAS, the City Council has received a request to name the Training Tower at the Fire Training Site, located at 1519 32nd Street South, in honor of Fire Chief Pete Bolzer; and WHEREAS, Chief Bolzer has provided 25 years of exemplary service and dedication to the City of Brookings, and a total of 45 years of service in the field of emergency services; and WHEREAS, Chief Bolzer will be retiring April 30, 2025; and NOW , THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings that the Training Tower at the Fire Training Site be named in honor of Fire Chief Pete Bolzer. FIRST READING – Ordinance 25-011. Introduction and First Reading was held on Ordinance 25-011, an Ordinance amending Chapter 6, Article I, Section 6-8 of the Code of Ordinances of the City of Brookings pertaining to Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. Second Reading and Action: April 22, 2025. Resolution 25-032. A public hearing was held on Resolution 25 -032, a Resolution Determining the Necessity of Repairing and Installing Sidewalks in the City of Brookings at the expense of abutting property owners; 2024-01 SWR Concrete Maintenance Project. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 25-032 be approved. The motion carried by the following vote: RESOLUTION 25-032 - A RESOLUTION DETERMINING THE NECESSITY OF REPAIRING OR INSTALLING SIDEWALKS IN THE CITY OF BROOKINGS AT THE EXPENSE OF ABUTTING PROPERTY OWNERS; 2024-01SWR CONCRETE MAINTENANCE PROJECT BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined sidewalk repairs or installation is necessary fo r parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2024-01SWR Concrete Maintenance Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The method of assessment to abutting property owners for the repair or installation of sidewalk is as follows: such assessments, unless paid within 30 days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9 - 43-102, South Dakota Compiled Laws of 1967, as amended, with interest of 4.27% set by the City’s Special Assessment Policy on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 4. The City has mailed a copy of this proposed Resolution and a Notice to Property Owners to each property owner by certified mail. Resolution 25-035. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 25-035, a Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-035 - A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES FOR VIOLATIONS OF THE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of the Ordinance set forth below. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Costs Total Violations of Flood Damage Prevention Ordinances Chapter 38 Flood Damage Prevention Ordinances Ord. Violations 38-31 through 38-55 First Offense $300.00 $72.50 $372.50 Second Offense $400.00 $72.50 $472.50 Third Offense $500.00 $72.50 $572.50 Resolution 25-031. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 25-031, a Resolution Authorizing the Acquisition of Real Property for 20th Street South / 22nd Avenue South Intersection Improvements, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-031 - RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR 20TH STREET SOUTH / 22ND AVENUE SOUTH INTERSECTION IMPROVEMENTS BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: WHEREAS, for the purpose of acquiring real property for possible 20th Street South / 22nd Avenue South Intersection improvements, the City of Brookings desires to acquire the following described property: Approximately 7,938 square feet, more or less, in the area of the 20th Street South / 22nd Avenue South Intersection, and located upon the following property: Lot H-2 in the Southeast Quarter (SE¼) of Section Thirty-six (36), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota; and WHEREAS, the City of Brookings has determined that the above-described property is necessary to facilitate the construction of additional right-of-way in the location described above; and WHEREAS, the above-described real property has been the subject of negotiations between the City of Brookings and the Paul E. Moriarty Living Trust, and an agreement as to a purchase price of $158,522.50 will allow the City to acquire the necessary right- of-way to complete the above-described improvements. NOW , THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings acquire title to the above-described real property from the Paul E. Moriarty Living Trust for the purposes set forth herein; and B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute the documents required to complete the acquisition of real property in accordance with this Resolution. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, to enter into Executive Session at 7:59 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 Tilton Byrne, seconded by Council Member Specker, to exit Executive Session at 8:20 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that this meeting be adjourned at 8:20 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0071,Version:1 Action on various Volunteer Board appointments. Summary and Recommended Action: Mayor Niemeyer has submitted volunteer board appointments for City Council advice and consent: Attachments: Memo Volunteer Board Appointments City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 22, 2025 Subject: Volunteer Board Appointment: Planning Commission Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Mayor Niemeyer has submitted the volunteer board appointments for City Council advice and consent. Item Details: As per City Council Citizen Advisory Board Policy, the Mayor, with consent of the Council, will make all appointments to Citizen Advisory Boards. The Mayor recommends the appointment of the following individuals to volunteer boards:  Airport Board: o Reappoint Brady Klocker (term: 5/1/2025-5/1/2030)  Human Rights Commission: o New Appointment - Elena Friedman - College Student Representative (term: 5/1/2025-5/1/2026)  Park & Recreation Board: o Reappoint Erika Saunders (term: 5/1/2025-5/1/2025) o Reappoint Stacy Zerfas (term: 5/1/2025-5/1/2025) o Reappoint Brenda Anderson (term: 5/1/2025-5/1/2025) o New Appointment - Isabella Parks – High School Student Representative (term: 5/1/2025-5/1/2026)  Planning Commission: o New Appointment - Emily Braun (term: 4/22/2025-12/31/2027)  Sustainability Council: o New Appointment - Madalynn Graham - College Student Representative (term: 5/1/2025-5/1/2026)  Utility Board: o Reappoint Spencer Hawley (term: 5/1/2025-5/1/2030) Legal Consideration: None. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: None. Supporting Documentation: None. Airport Board Number of positions: 1 Term Length: 5 years Residency Requirement: Required for Majority Purpose: The Airport Board provides recommendations to Airport staff, City Manager, and City Council on matters related to airport operations, capital improvements, and overall care for the Brookings Regional Airport. Any rules or regulations are subject to approval of the City Manager. Mayor’s Recommendation: 1. Reappoint Brady Klocker (term: 5/1/2025-5/1/2030) Human Rights Commission Number of positions: 1 - College Representative Term Length: 3 years Residency Requirement: Not Required Purpose: The mission of the Brookings Human Rights Commission (BHRC) is to improve human relations in the Brookings area by fighting discrimination through education and a complaint resolution procedure. The Commission seeks to protect the rights of and prevent and eliminate bias and discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, national origin, age, marital status, ethnicity, sexual orientation, gender identity, or political affiliation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. The Commission promotes educational activities to make Brookings an inclusive and welcoming community. Mayor’s Recommendation: 1. New Appointment - Elena Friedman - College Student Representative (term: 5/1/2025-5/1/2026) Park & Recreation Board Number of positions: 3 Regular Members, 2 Student Representatives Term Length: 3 years Residency Requirement: Not Required Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1. Reappoint Erika Saunders (term: 5/1/2025-5/1/2025) 2. Reappoint Stacy Zerfas (term: 5/1/2025-5/1/2025) 3. Reappoint Brenda Anderson (term: 5/1/2025-5/1/2025) 4. New Appointment - Isabella Parks – High School Student Representative (term: 5/1/2025-5/1/2026) Planning Commission Number of positions: 1 Term Length: 3 years Residency Requirement: Not Required Purpose: The City Planning Commission is responsible for the City Comprehensive Plan for the physical development of the City, including areas outside the boundaries of the City and within the planning jurisdiction. Mayor’s Recommendation: 1. New Appointment - Emily Braun (term: 4/22/2025-12/31/2027) Sustainability Council Number of positions: 1 - College Representative Term Length: 1 Year Residency Requirement: Required for Majority Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future quality of life while still meeting the needs of the present. Mayor’s Recommendation: 1. New Appointment - Madalynn Graham - College Student Representative (term: 5/1/2025-5/1/2026) Utility Board Number of positions: 1 Term Length: 5 years Residency Requirement: Required Purpose: The Utility Board is an administrative body responsible for the management and control of the electric, water, wastewater and telephone utilities of the City of Brookings. Mayor’s Recommendation: 1. Reappoint Spencer Hawley (term: 5/1/2025-5/1/2030) 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 25-044,Version:1 Action on Resolution 25-044, a Resolution declaring surplus property for the City of Brookings. Summary and Recommended Action: Staff recommends approval of this resolution declaring surplus property. Attachments: Memo Resolution City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 22, 2024 Subject: Resolution 25-044: declaring surplus property Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of the proposed Resolution declaring surplus property. Item Details: According to State Statute Chapter 6-13, the governing body of the City of Brookings allows the following property, to be declared as surplus property: Landfill: Gray Desk; Electric Adjustable Desk; Lot of Filing Cabinets; File Slot Organizers; 2012 Peterbilt 320 with Curbtender VIN 3BPZH58X2CF143813; Legal Consideration: None. Strategic Plan Consideration: 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: Revenues generated from the sale of surplus property, will be placed in the City’s General Fund. Supporting Documentation: Resolution RESOLUTION 25-044 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Landfill: Gray Desk; Electric Adjustable Desk; Lot of Filing Cabinets; File Slot Organizers; 2012 Peterbilt 320 with Curbtender VIN 3BPZH58X2CF143813; WHEREAS, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus property. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and Approved this 22nd day of April, 2025. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0194,Version:1 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License requests from existing alcohol license holders. Attachments: Memo SDCL 35-4-124 City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 22, 2025 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the 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. Licenses issued are event specific. The event duration cannot exceed 15 days. Staff requests approval for the following special event / temporary alcoholic beverage license from Sodexo Catering (License Holder RB-28249 and RW -28251):  SDSU TL25-047: June 10, 2025 – SDSU Foundation Event (SDSU Foundation Lohr Building – Woster Celebration Hall) 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 25-0191,Version:1 Proclamation and Recognition of City Attorney Steve Britzman. Summary and Recommended Action: Mayor Niemeyer will present a Proclamation recognizing Steve Britzman. Recognition of City Attorney Steve Britzman for his years of service to the City of Brookings: ·City Attorney: March 2000 - April 2025 ·Deputy City Attorney: February 1983 - January 1997 Thank you, Steve, for your service to the City of Brookings! Attachments: Proclamation City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ Mayoral Proclamation CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, Steve Britzman has served the City of Brookings with wisdom, integrity, and dedication—first as Deputy City Attorney from February 1983 to January 1997, and then as City Attorney from March 2000 to April 2025; and WHEREAS, Steve’s legacy is one of quiet leadership, deep knowledge of municipal law, and tireless commitment to Brookings and the region; and WHEREAS, Steve's legal guidance played a vital role in Brookings' development as a regional hub, influenced by the presence of SDSU, economic diversification, and innovative community development initiatives; and WHEREAS, Steve offered valuable counsel during a period of significant population growth, as the city focused on strategic infrastructure enhancements and thoughtful community planning; and WHEREAS, through steady counsel, Steve helped the City of Brookings pursue its inclusive vision with clarity and conviction—creating a vibrant, diverse, and welcoming community that shines as a beacon of progress in SD; and WHEREAS, through his unwavering dedication to public service, his deep involvement in community organizations, and his servant leadership that uplifted all voices, Steve has left an indelible mark on our city; his legacy of integrity, compassion, and inclusion will be felt not only in our community but in the hearts of those he served—today and for generations to come. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Tuesday, April 22, 2025 as STEVE BRITZMAN DAY IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the Great Seal of the City of Brookings, this 22nd day of April, 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 25-0188,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Anna Hundt, will provide an update on SDSU happenings to the City Council and members of the public. My name is Anna Hundt. I am from Cashton, Wisconsin just outside of La Crosse. I am a sophomore at SDSU studying Political Science and History with a Legal Studies minor and a Pre- Law track. I am currently on track to graduate in December of 2027. I hope to attend law school back in Wisconsin after I graduate to practice estate, LLC, and land law as an attorney. Though not originally from South Dakota, I was able to serve as an intern for the South Dakota Legislature for their 100th session. I served under Representative Bethany Soye in the House of Representatives. I enjoyed my time there thoroughly and hope to return in some capacity throughout my undergraduate career. At SDSU, I am involved in the Political Science Club, Pre-Law Society, the Newman Centr, Honors College, and currently serve as the Treasurer of College Republicans. 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 4/17/2025Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0195,Version:1 Update: Economic Merger Summary and Recommended Action: Co-Chairs Council Member Nick Wendell and Tom Fishback will provide an update on the economic merger to the City Council and the public. City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0197,Version:1 Report: Edgebrook Golf Course Water Sourcing. Summary and Recommended Action: Staff will provide an update on the Edgebrook Water Sourcing Project. Attachments: Memo Presentation City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ Study Session Agenda Item Memo From: Kristin Zimmerman, Parks, Recreation & Forestry Director Council Meeting: April 22, 2025 Subject: Edgebrook Golf Course Water Sourcing Presenter: Kristin Zimmerman, Parks, Recreation & Forestry Director Summary and Recommended Action: Staff will provide an update on the Edgebrook Water Sourcing Project. Item Details: Edgebrook Golf Course has experienced reduced water collection due to dr ought years and shifting water tables. The City hired a consultant in 2023 to look at options for a sustainable water source for the Edgebrook Golf Course. In 2024, the City of Brookings explored several water-sourcing alternatives identified for Edgebrook Golf Course in collaboration with Banner Associates. These included:  Connecting to the BMU Raw Water Line  Developing a well south of the golf course  Connecting to existing wells at South Brook  Tapping into the BMU-treated water line After thoroughly analyzing each option's feasibility, environmental implications, and long-term sustainability, the Parks, Recreation, and Forestry Department recommends connecting to the BMU Raw Water Line. The Parks and Recreation Advisory Board supports this recommendation. This solution presents the course with the most reliable and cost-effective long-term water source. The total projected construction cost for this connection is estimated at $1,276,530. Navigating the complexities of the Edgebrook Water Sourcing Project requires a holistic approach that balances financial considerations, sustainability goals, and environmental stewardship. Through rigorous assessments, stakeholder engagement, and informed decision-making, the City is committed to developing a water-sourcing strategy that meets our community's needs while safeguarding our natural resources for future generations. Legal Consideration: None Financial Consideration: Funds are available for the project, and an initial $800,000 is budgeted from the capital improvement fund. Supporting Documentation: Presentation Edgebrook Golf Course Water Sourcing ProjectUpdate April 2025 •Onsite wells –6 sites explored, none found to be viable•Improved Water Collection from the north•Improved Water Collection from the west •Connection to the L.G. Everist Pond•BMU Connection –Treated Water•BMU Connection –Raw Water•Connection to the Southbrook Softball Complex well•Well sites explored to the South of EdgebrookWater Sourcing Background –Options Explored Cost EstimatesOption ConstructionLand (variable)Pond ImprovementsConstruction Total10 Year CostBMU Raw Waterline$ 896,000$ 380,530$ 1,276,530$ 1,334,607.50South of Golf Course$ 701,000$150,000$ 380,530$ 1,231,530$ 1,231,530.00East of Golf Course$ 559,000$ 380,530$ 939,530$ 1,282,559.40Connect to Southbrook$ 967,000$ 380,530$ 1,347,530$ 1,347,530.00BMU Treated Waterline$ 167,000$ 380,530$ 547,530$ 1,919,647.60 •Design –Spring/Summer 2025•Construction Bid/RFP –Summer/Fall 2025•Construction –Spring 2026•Completion –Summer 2026General Timeline Projections Parks, Recreation and Forestry Department recommends connecting to BMU’s raw water line‣Option is about $100,000 more expensive than connection to the well south. ‣Option offers redundancy –Multiple BMU Wells‣Overall less long term maintenance costsParks and Recreation Advisory Board Recommendation: Move forward with the connection to the BMU Raw Water LineRecommendation Questions? City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-034,Version:1 Action on Resolution 25-034, a Resolution Authorizing the City Manager to Sign a Bid Award and Grant Documents for Brookings Airport Hangar Taxilane Extension Construction Project, AIP #3-46- 0005-040-2025, contingent on FAA funding. Summary and Recommended Action: Staff recommends approval of the proposed resolution. This resolution will award the Airport Hangar Taxilane Extension Construction Project (Project) to Bowes Construction Inc., for the low bid of $124,813.45, contingent on receipt of FAA grant funding. The project is scheduled to begin Spring 2025 and has an anticipated final completion date of September 2025. The proposed resolution authorizes the City Manager to execute all grant documents and associated contracts necessary to complete the Project. Attachments: Memo Resolution Letter of Recommendation City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: April 22, 2025 Subject: Resolution 25-034: Awarding Bid on Airport Hangar Taxi Lane Extension Construction Project, AIP #3-46-0005-040- 2025 Person(s) Responsible: Lucas Dahl, Airport Manager Summary and Recommended Action: Staff recommends approval of the proposed resolution. This resolution will award the Airport Hangar Taxilane Extension Construction Project (Project) to Bowes Constructi on Inc., for the low bid of $124,813.45, contingent on receipt of FAA grant funding. The project is scheduled to begin Spring 2025 and has an anticipated final completion date of September 2025. The proposed resolution authorizes the City Manager to execute all grant documents and associated contracts to complete the Project. Item Details: The Hangar Taxi Lane Extension Project shall include the extension of an existing hangar taxi lane, in which a new hangar has been constructed. The work includes grading, fabric, base course, asphalt pavement, chain link fence, pavement markings, topsoil and other items of related construction. The City held a bid letting on Tuesday, April 15, 2025, and the City received the following bids:  Bowes Construction Inc. Brookings, SD $124,813.45  Asphalt Surfacing Company Sioux Falls, SD $133,544.32 The bids were competitive for this project. The bid from Bowes Construction Inc. is approximately 21.6% lower than the Helms and Associates Engineer’s Estimate of $159,090.00. Significant savings in the bid were identified in the areas of mobilization, construction safety phasing, excavation, subbase materials, asphalt, and aggregate base course. Legal Consideration: The City Attorney will review all grant documents and associated contracts prior to the City Manager’s approval. Strategic Plan Consideration: Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Financial Consideration: If approved, the City will enter into a contract with Bowes Construction Inc. for the low bid of $124,813.45. The City anticipates receiving a grant for the project, which is expected to be funded by 95% federal funds, 2.5% state funds, and 2.5% City funds. Reimbursement from federal and state sources is anticipated in 2025. Sufficient appropriations exist in the adopted Fiscal Year 2025 budget in Fund 606 – Airport. Supporting Documentation: Resolution Letter of Recommendation RESOLUTION 25-034 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A BID AWARD AND GRANT DOCUMENTS FOR BROOKINGS AIRPORT HANGAR TAXILANE EXTENSION CONSTRUCTION PROJECT NO. AIP #3-46-0005-040-2025 WHEREAS, the City of Brookings desires improvements to the Brookings Regional Airport which include the extension of a Hangar Taxi Lane; and WHEREAS, the South Dakota Department of Transportation and FAA have indicated tentative approval of grant funding assistance for the Brookings Regional Airport Project #3-46-0005-040-2025 (Project); and WHEREAS, the FAA grant rules require the City of Brookings solicit and award a bid, contingent on funding, prior to execution of a grant agreement; and WHEREAS, the City of Brookings opened bids for the Project on Tuesday, April 15, 2025 at 1:30 pm at the Brookings City and County Government Center and received the following bids: Bowes Construction Inc. $124,813.45 and Asphalt Surfacing Company $133,544.32. NOW , THEREFORE, BE IT RESOLVED the tentative award for AIP Project #3-46-0005- 40-2025, Airport Hangar Taxi Lane Extension Construction Project, Base Bid is made to Bowes Construction Inc. in the amount of $124,813.45, contingent upon receipt of FAA grant funds, and that the Brookings City Manager is authorized to sign all grant documents and associated contracts to complete the Project. Passed and Approved this 22nd day of April, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk April 15, 2025 Charlie Richter, P.E. – City Engineer City of Brookings 520 3rd St. Ste. 230 Brookings, SD 57006 Re: Hangar Taxilane Extension Brookings Regional Airport Brookings, South Dakota AIP #3-46-0005-040-2025 Helms #A-9771 Dear Mr. Richter, We would like to take this opportunity to make our “Engineer’s Recommendation of Award” for the above referenced project. The description of work is: This project shall include the extension of an existing Hangar Taxilane (±140' x 35'). This work includes grading, disposal of excess material, geotextile separator fabric, aggregate base course, asphalt pavement, concrete valley gutter, chain link fence, pavement marking, topsoiling, seeding, mulching, and other items of related construction. We have reviewed the bid proposal documents received and are recommending that the Base Bid be tentatively awarded to the lowest bidder Bowes Construction, Inc., Brookings, SD, in the amount of $124,813.45 as their bid was complete and reasonable. We have also verified that Bowes Construction, Inc. has not been excluded at www.sam.gov. The DBE goal was 2.5% for this project. The intended participation listed in Bowes Construction, Inc.’s bid is 0.0%. A DBE Good Faith Effort was provided and deemed adequate. The motion for award should read “Tentative award for AIP Project #3-46-0005-040-2025 Hangar Taxilane Extension, Base Bid is made to Bowes Construction, Inc., Brookings, SD, in the amount of $124,813.45 contingent upon receipt of an FAA Grant Offer.” Also, to help meet what we expect to be short time lines in the grant process, the City Council should authorize the City Manager to sign the FAA Grant Application, FAA Grant Offer (which will need to be electronically signed), and all necessary paperwork for the Construction Contract Documents. Enclosed is the FAA Grant Application Packet. Please have the City Manager sign and date it where tabbed, and email the application to Jon Becker with the SD-DOT. If you have any questions, comments, or need any further information, please feel free to contact our office at your convenience. Sincerely, Helms and Associates Michael A. Schmit, P.E. W/Enclosures Cc: Lucas Dahl, City of Brookings – Airport Manager David Ferrell, FAA – Dakota-Minnesota Airports District Office Jon Becker, SD-DOT – Office of Air, Rail, and Transit 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 25-038,Version:1 Action on Resolution 25-038, a Resolution Awarding Bids on Project 2025-07STI, Freight on Board Asphalt Material. Summary and Recommended Action: Staff recommends approval of the proposed resolution awarding the bid for the 2025-07STI Freight on Board Asphalt Material to Bowes Construction Inc. for the low bid of $89,630.00. Attachments: Memo Resolution City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Thad Drietz, Assistant City Engineer Council Meeting: April 22, 2025 Subject: Resolution 25-038: Awarding Bid on 2025-07STI, Freight on Board Asphalt Material Person(s) Responsible: Thad Drietz, Assistant City Engineer Summary and Recommended Action: Staff recommends approval of the proposed Resolution awarding the 2025-07STI Freight on Board Asphalt Material to Bowes Construction Inc. for the low bid of $89,630. Sufficient appropriations exist. Item Details: This project is the annual street maintenance project which provides the asphalt patching material the Street Department picks up at the plant to repair asphalt pavement throughout the City. The Street Department staff also uses the materials to overlay small street areas, which are usually one block long or shorter. A bid letting was held on Tuesday, April 15, 2025 and the City received the following bid: Bowes Construction Co., Inc. $89,630.00 The total low bid is approximately equal to the engineer’s estimate of $89,630.00. Legal Consideration: None. Strategic Plan Consideration: 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: Sufficient appropriations exist in the amended Fiscal Year Budget in Fund 213 Capital Projects. The City will enter into a contract with Bowes Construction, Inc. for the low bid of $89,630.00. The bid is an estimate of the tons of material that may be used by the City. Since the asphalt material is paid for by the ton of mix, City staff will adjust how much material they pick up to stay within the budgeted amount. Supporting Documentation: Resolution RESOLUTION 25-038 RESOLUTION AWARDING BIDS ON PROJECT 2025-07STI FREIGHT ON BOARD ASPHALT MATERIALS WHEREAS, the City of Brookings opened bids for 2025-07STI Freight on Board Asphalt Material Project on Tuesday, April 15, 2025 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following bid for the 2025-07STI Freight on Board Asphalt Material: Bowes Construction, Inc, in the amount of $89,630.00. WHEREAS, the low bid was approximately equal to the Engineer’s Estimate. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the low bid of $89,630.00 for Bowes Construction Inc., be accepted. 2. The City Manager is authorized to sign the contract documents for this project and any further contract documents and change orders which may be required. Passed and Approved this 22nd day of April, 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 25-039,Version:1 Action on Resolution 25-039, a Resolution Awarding Bids on 2025-08STI Asphalt Maintenance Project. Summary and Recommended Action: Staff recommends approval of the proposed Resolution awarding the 2025-08STI Asphalt Maintenance Project to Bowes Construction Inc. for the amount of $1,954,642.15. Attachments: Memo Resolution Map City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Thad Drietz, Assistant City Engineer Council Meeting: April 22, 2025 Subject: Resolution 25-039: Awarding Bid on 2025-08STI, Asphalt Maintenance Project Person(s) Responsible: Thad Drietz, Assistant City Engineer Summary and Recommended Action: Staff recommends approval of the proposed Resolution awarding the 2025-08STI Asphalt Maintenance Project to Bowes Construction Inc. for the low bid of $1,954,642.15. Sufficient appropriations exist for this project. Item Details: This project is the annual street maintenance contract for rehabilitation of various asphalt streets throughout the City of Brookings (see map for locations). Work includes such activities as mill and overlay paving, full-depth paving, subgrade repairs, and repair of concrete curb and gutter. The Project also includes water and sanitary sewer work in partnership with Brookings Municipal Utilities. A bid letting was held on Tuesday, April 15, 2025 and the City received the following bid(s): Bowes Construction Inc. $1,954,642.15 Asphalt Surfacing Co. $2,011,703.85 SealPros Inc. $2,133,748.00 Legal Consideration: None. Strategic Plan Consideration: 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: Sufficient appropriations exist in the amended Fiscal Year Budget in Fund 213 Capital Projects. The City will enter into a contract with Bowes Construction, Inc. for the low bid of $1,954,642.15. Costs associated with water and sanitary work will be reimbursed by Brookings Municipal Utilities. Supporting Documentation: Resolution Map RESOLUTION 25-039 RESOLUTION AWARDING BIDS ON PROJECT 2025-08STI ASPHALT MAINTENANCE PROJECT WHEREAS, the City of Brookings opened bids for 2025-08STI Asphalt Maintenance Project on Tuesday, April 15, 2025 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following bid for the 2025-08STI Asphalt Maintenance Project: Bowes Construction, Inc, in the amount of $1,954,642.15. WHEREAS, the low bid was approximately 30% lower than the Engineer’s Estimate. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the low bid of $1,954,642.15 for Bowes Construction Inc., be accepted. 2. The City Manager is authorized to sign the contract documents for this project and any further contract documents and change orders which may be required. Passed and Approved this 22nd day of April, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk RFOX RACEGRAND ARWHITET A IL P ATHEAMBOAT TRLHONOR DRVAIL AVETANBURY LN10TH ST SPINE RIDGE RDDEER LN16TH AVE15TH AVE12TH AVEVINE ST3RD ST S4TH ST SFRANKLIN AVEVICTORY ST1ST ST1ST ST1ST ST SARROWHEAD PASS17TH AVE3RD STDAKOTA AVEYORKSHIRE DCRYSTAL RIDGE RDSOUTHLAND LNEASTBROOK D19TH ST SDORAL DRUNIVERSITY BLVD11TH AVEW 2ND ST SRAILROAD STARBOR RDGSA W G R A S S DR 11TH ST S11TH STLAUREL LNFRONT STFRONT STYORKTOWN DRCAMELOT DRSQ UIRE CTCANDLEWOOD LNORIOLE TRLKING ARTHUR CTPOWDERHORN PASS LEGEROS DRPAMELA DRONAKA TRLHERITAGE DRNICOLE LNMINNESOTA DR20TH AVE21ST AVE14TH AVE14TH AVEPA RK A VE ORCHARD DRDERDALL DR7TH ST1ST AVE SCAMPANILE AVE9TH ST9TH ST10TH ST13TH S 5TH ST SHUNTERS RIDGE RDPINEHURST DR 2ND AVEMAIN AVEMAIN AVE8TH ST S8TH ST SOHIO DRMAIN AVE S10TH ST W10TH ST WINDIAN HILLS RDREGENCY CT REGENCY CT 13TH AVEJACKRABBIT AVE1ST AVE5TH AVES ANTEE TRL 7TH ST W2ND ST4TH ST5TH STF ACULTY DR8TH ST WMEDARY AVE7TH AVE6TH AVECIRCLE DR22ND AVEFOREST STELM AVEHALF MOON RDMUSTANG PASS2ND AVE S16TH AVE S17TH AVE S17TH AVE S3RD AVE S2ND ST SELMWOOD DRW US HWY 14W US HWY 14TELLURIDE LN8TH AVE SBROKEN B O W TRLW 20TH ST SOLWIEN STtexttexttexttexttexttexttexttexttextt exttexttexttext texttexttexttexttexttext6TH6TH STOVERLOOK RIDGE RD7TH AVE SRIO22ND AVE S22ND AVE S City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 25-012,Version:1 Introduction and First Reading on Ordinance 25-012, an Ordinance amending Article III of Chapter 34 of the Code of Ordinances of the City of Brookings, and pertaining to the International Fire Code. Second Reading: May 13, 2025. Summary and Recommended Action: Staff recommends approval of the proposed ordinance revision that Article III of Chapter 34 of the Code of Ordinances pertaining to the International Fire Code be amended to adopt the International Fire Code (IFC) as outlined in Section 22-31 of the same Code of Ordinances. This revision will also update obsolete definitions. Attachments: Memo Ordinance - clean Ordinance - marked Section 22-31 City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Pete Bolzer, Fire Chief Council Meeting: April 22, 2025 / May 13, 2025 Subject: Ordinance 25-012: An ordinance amending Article III of Chapter 34 of the Code of Ordinances of the City of Brookings, and pertaining to the International Fire Code Presenter: Pete Bolzer, Fire Chief Summary and Recommended Action: Staff recommends approval of the proposed ordinance revision that Article III of Chapter 34 of the Code of Ordinances pertaining to the International Fire Code be amended to adopt the International Fire Code (IFC) as outlined in Section 22 -31 of the same Code of Ordinances. This revision will also update obsolete definitions. Item Details: The city of Brookings has adopted the International Fire Code in Sections 22-31 and 34- 81 of the City Code of Ordinances. This revision references the Fire Code adoption in Section 22-31 to eliminate duplication and confusion and avoid two separate sections of city ordinance adopting different editions of the IFC. This revision also clarifies applicability of the International Fire Code to the limits of the city and the surrounding three-mile jurisdiction, provided the zoning designation within the joint jurisdictional area has a zoning designation other than agricultural. The International Fire Code is not enforceable outside the surrounding one-mile jurisdiction with respect to property zoned agricultural. Brookings County Planning and Zoning concurs with this language. The archaic term “chief of the fire department” has been replaced by the code referenced “Fire Code Official”. Legal Consideration: This Ordinance was drafted by the City Attorney Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: None Supporting Documentation: Ordinance – clean Ordinance – marked Section 22-31 ORDINANCE 25-012 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, AND PERTAINING TO THE INTERNATIONAL FIRE CODE. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Article III of Chapter 34 of the Code of Ordinances and pertaining to the International Fire Code is hereby amended to read as follows: Sec. 34-81. Adoption/Jurisdiction of the International Fire Code. The city has adopted the International Fire Code in Section 22-31 of this Code of Ordinances. The provisions of the International Fire Code shall be controlling within the limits of the city and the surrounding three-mile jurisdiction, provided the zoning designation within the joint jurisdictional area has a zoning designation other than agricultural. The International Fire Code is not enforceable outside the surrounding one- mile jurisdiction with respect to property zoned agricultural. The International Fire Code governs the construction, protection and occupancy features of buildings to minimize danger to life from fire, smoke, fumes or panic. Sec. 34-82. Conflicts. In the event of any conflict between the provisions of the International Fire Code adopted by this article and applicable provisions of city ordinance or state laws, or of any rules and regulations of the city, the provisions of state law, city ordinance and any rules or regulations of the city shall prevail and be controlling. Sec. 34-83. Definitions. The following words, terms and phrases, when used in the International Fire Code, shall have the meanings provided in this section, except where the context clearly indicates a different meaning: Corporation counsel means the city attorney. Municipality means the City of Brookings. Fire Code Official means the Fire Chief or other designated authority charged with the administration of the Fire Code, or a duly authorized representative. Sec. 34-84. Establishment of limits of districts in which storage of explosives and blasting agents is prohibited. The storage of explosives and blasting agents within the city limits is prohibited. Sec. 34-85. Establishment of limits of districts in which storage of flammable and combustible liquids in outside aboveground tanks is prohibited. The storage of flammable and combustible liquids in outside, aboveground tanks is prohibited in the city, except as may be permitted by applicable zoning and hazardous material ordinances. Sec. 34-86. Establishment of limits of districts in which new bulk plants for flammable or combustible liquids is prohibited. New bulk plants for flammable or combustible liquids are prohibited in the city, except as may be permitted by applicable zoning and hazardous material ordinances. Sec. 34-87. Establishment of limits in which bulk storage of liquefied petroleum gases is prohibited. Bulk storage of liquefied petroleum gas is prohibited in the city, except as may be permitted by applicable zoning and hazardous material ordinances. Sec. 34-88. Establishment of fire lanes on private property devoted to public use. Fire lanes shall be as determined by the chief of the fire department and the chief of police and shall be clearly designated by sign or other marking. Sec. 34-89. Modifications. The Fire Code Official shall have the power to modify any of the provisions of the International Fire Code upon application in writing by the owner or lessee of property, or their duly authorized agent when there are practical difficulties in compliance with the code, provided that the spirit of the International Fire Code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Code Official thereon shall be entered upon the records of the fire department and a signed copy shal l be furnished to the applicant. Sec. 34-90. Appeals. Whenever the Fire Code Official shall disapprove an application or refuse to grant a license or permit or when it is claimed that the provisions of the International Fire Code do not apply, or that the true intent and meaning of the International Fire Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Code Official to the board of appeals of the city within 30 days of the date of the Fire Code Official’s decision. Secs. 34-91—34-120. Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: April 22, 2025 SECOND READING: May 13, 2025 PUBLISHED: May 16, 2025 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ORDINANCE 25-_____ AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, AND PERTAINING TO THE INTERNATIONAL FIRE CODE. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Article III of Chapter 34 of the Code of Ordinances and pertaining to the International Fire Code is hereby amended to read as follows: Sec. 34-81. Adoption/Jurisdiction of the International Fire Code. The city has adopted by the city that certain code known as the International Fire Code in Section 22-31 of this Code of Ordinances, as recommended by the International Code Counsel, 2009 edition. The provisions of the International Fire Code shall be controlling within the limits of the city and the surrounding three-mile jurisdiction, provided the zoning designation within the joint jurisdictional area has a zoning designation other than agricultural. The International Fire Code is not enforceable outside the surrounding one-mile jurisdiction with respect to property zoned agricultural. The International Fire Code governs the construction, protection and occupancy features of buildings to minimize danger to life from fire, smoke, fumes or panic. Sec. 34-82. Conflicts. In the event of any conflict between the provisions of the International Fire Code adopted by this article and applicable provisions of city ordinance or state laws, or of any rules and regulations of the city, the provisions of state law, city ordinance and any rules or regulations of the city shall prevail and be controlling. Sec. 34-83. Definitions. The following words, terms and phrases, when used in the International Fire Code, shall have the meanings provided in this section, except w here the context clearly indicates a different meaning: Corporation counsel means the city attorney. Municipality means the City of Brookings. Fire Code Official means the Fire Chief or other designated authority charged with the administration of the Fire Code, or a duly authorized representative. Sec. 34-84. Establishment of limits of districts in which storage of explosives and blasting agents is prohibited. The storage of explosives and blasting agents within the city limits is prohibited. Sec. 34-85. Establishment of limits of districts in which storage of flammable and combustible liquids in outside aboveground tanks is prohibited. The storage of flammable and combustible liquids in outside, aboveground tanks is prohibited in the city, except as may be permitted by applicable zoning and hazardous material ordinances. Sec. 34-86. Establishment of limits of districts in which new bulk plants for flammable or combustible liquids is prohibited. New bulk plants for flammable or combustible liquids are prohibited in the city, except as may be permitted by applicable zoning and hazardous material ordinances. Sec. 34-87. Establishment of limits in which bulk storage of liquefied petroleum gases is prohibited. Bulk storage of liquefied petroleum gas is prohibited in the city, except as may be permitted by applicable zoning and hazardous material ordinances. Sec. 34-88. Establishment of fire lanes on private property devoted to public use. Fire lanes shall be as determined by the chief of the fire department and the chief of police and shall be clearly designated by sign or other marking. Sec. 34-89. Modifications. The chief of the fire department Fire Code Official shall have the power to modify any of the provisions of the International Fire Code upon application in writing by the owner or lessee of property, or their duly authorized agent when there are practical difficulties in compliance with the code, provided that the spirit of the International Fire Code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Code Official thereon shall be entered upon the records of the fire department and a signed copy shall be furnished to the applicant. Sec. 34-90. Appeals. Whenever the chief of the fire department Fire Code Official shall disapprove an application or refuse to grant a license or permit or when it is claimed that the provisions of the International Fire Code do not apply, or that the true intent and meaning of the International Fire Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Code Official to the board of appeals of the city within 30 days of the date of the Fire Code Official’s decision. Secs. 34-91—34-120. Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk Created: 2025-01-16 09:31:01 [EST] (Supp. No. 19) Page 1 of 1 Sec. 22-31. Adoption. There is adopted by the city those certain codes known as the 2021 Edition of the International Building Code, the 2021 International Residential Code, the 2021 International Mechanical Code, the 2021 International Fire Code, 2021 International Existing Building Code, and the 2021 International Property Maintenance Code collectively referred to as the "International Building Code", "building code" or "code". A copy of the building code is on file in the office of the city engineer and is available for inspection. (Ord. No. 13-08, § I, 4-15-2008; Ord. No. 16-12, § I, 6-12-2012; Ord. No. 15-025, § I, 12-8-2015; Ord. No. 21-009, § I, 4-27-2021; Ord. No. 23-008, § I, 3-28-2023) 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 25-041,Version:1 Public Hearing and Action on Resolution 25-041, a Resolution to Annex Lots 1 and 2 in Clark 2nd Addition in the Southwest Quarter of Section 20, Township 110, Range 49 in Brookings County, South Dakota. Summary and Recommended Action: The Verna Clark Trust has submitted a petition for annexation of Lots 1 and 2 in Clark 2nd Addition. The two lots, contiguous to the existing City limits, total roughly 52.9 acres and meet the statutory requirement for annexation. The Planning Commission voted 6-0 recommending approval of the annexation. The Development Review Team is supportive of the request. Attachments: Memo Resolution Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition for Annexation Location Map Annexation Priority Area City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner City Council Meeting: April 22, 2025 Subject: Resolution 25-041: Annex Lots 1 and 2 of Clark 2nd Addition in the SW ¼ of Section 20, Township 110 North, Range 49 West in Brookings County, South Dakota Presenter: Mike Struck, Community Development Director Summary and Recommended Action: A petition for annexation of Lots 1 and 2 of Clark 2 nd Addition in the SW ¼ of Section 20 has been submitted by the owners of the property. The property is located east of 34th Avenue between US Highway 14 and the Bypass. The Planning Commission voted 6-0 recommending approval of the annexation. The Development Review Team is supportive of the request. Item Details: South Dakota Codified Law 9-4 describes the annexation process. The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if the petition is signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the municipality. The land sought to be annexed is located along the eastern edge of the current municipal boundary. The area is located in a phase one annexation priority area, indicating it is most imminently ready for annexation and annexation would be recommended before any zoning changes or development proposals. Lot 1 in Clark 2nd Addition is a 51.2-acre parcel and currently zoned Joint Jurisdiction Agriculture. Lot 2 in Clark 2nd Addition is a 1.7-acre parcel and currently zoned Joint Jurisdiction Agriculture. The lots were platted together in November 2024. The total area to be annexed is 52.9 acres. 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: Resolution Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Petition for Annexation Location Map Annexation Priority Area RESOLUTION 25-041 RESOLUTION TO ANNEX LOTS 1 AND 2 IN CLARK 2ND ADDITION IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 110 NORTH, RANGE 49 WEST IN BROOKINGS COUNTY, SOUTH DAKOTA WHEREAS, the City of Brookings is authorized pursuant to South Dakota Codified Law 9- 4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory; and WHEREAS, the City of Brookings has received a Petition for Annexation on the following described property, to wit: Lot 1 of Clark 2nd Addition in the Southwest Quarter (SW ¼) of Section Twenty (20), Township One Hundred Ten (110) North, Range Forty-nine (49), West of the 5th P.M., Brookings County, South Dakota and Lot 2 of Clark 2nd Addition in the Southwest Quarter (SW ¼) of Section Twenty (20),Township One Hundred (110) North, Range Forty-nine (49) West of the 5th P.M., Brookings County, South Dakota; and WHEREAS, the aforementioned land is contiguous to the present boundaries of the City of Brookings; and WHEREAS, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforementioned property and greater than three-fourths (3/4) of the legal voters residing in said territory; and WHEREAS, the Brookings County Board of County Commissioners reviewed the petition during their regular meeting on April 15, 2025 pursuant to South Dakota Codified Law 9-4-5 and has approved, by Resolution 25-22, that this property, as described, be annexed into the City of Brookings. NOW THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Passed and Approved this 22nd day of April, 2025. CITY OF BROOKINGS, SD ATTEST: ___________________________ Oepke G. Niemeyer, Mayor ______________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That the Verna J Clark Revocable Trust has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: Lots 1 and 2 of Clark Second Addition in the SW ¼ of Section 20, Township 110 North, Range 49 West, Brookings County, South Dakota. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council; at 6:00 PM on Tuesday, April 22, 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 9th day of April, 2025. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That Verna J Clark Revocable Trust has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: Lots 1 and 2 of Clark Second Addition in the SW ¼ of Section 20, Township 110 North, Range 49 West, Brookings County, South Dakota. NOTICE IS FURTHER GIVEN t hat said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, April 1, 2025, 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 19th day of March, 2025. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 1, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5a – The Verna Clark Trust has submitted a petition for annexation of Lots 1 and 2 in Clark 2nd Addition. The two lots, contiguous to the existing City limits, total roughly 52.9 acres and meets the statutory requirement for annexation. (Schmeichel/Hinrichs) Motion to approve the annexation. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5a – A petition for annexation of Lots 1 and 2 of Clark 2nd Addition in the SW ¼ of Section 20 has been submitted by the owners of the property. The property is located east of 34th Avenue between US Highway 14 and the Bypass. Hinrichs asked what the future zoning plans are after the property is annexed. Miller explained that that will be discussed further with the Future Land Use Map Amendment agenda item that if approved, would allow industrial. Spear asked about the effects of neighboring structures. Miller detailed that the properties adjacent would not be affected, however, one property could become an “island” within city limits. Hinrichs asked about anticipated infrastructure needs and traffic impact. Miller went on to say that the agenda item does not discuss the future uses, those questions would be explored when a preliminary plat has been submitted. Location Map 6TH ST 34TH AVE34TH AVE34TH AVE34TH AVE32ND AVEUS HWY 1434TH AVE32ND AVE32ND AVE32ND AVE34TH AVE34TH AVE6TH ST 6TH ST Annexation Priority Map BrookingsCityLimits Parcels Annexation Priorities 1 3 Brookings County Roads 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 3/17/2025 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,046 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 25-042,Version:1 Public Hearing and Action on Resolution 25-042, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. Summary and Recommendation: Jesse Rounds has submitted an amendment to the Future Land Use Map for Lots 1 and 2 of Clark Second Addition located along 34th Avenue. The same area has been petitioned for annexation. The proposed Future Land Use Map amendment would change the area from Urban Medium Intensity and Open Wetland to Business Park/Light Industrial. Staff has identified adjacent area for Business Park / Light Industrial in addition to the applicant’s request. Proposed changes do not impact current zoning and any future rezoning request would be at the discretion of property owners. The Planning Commission voted 6-0 recommending approval. The Development Review Team supports the amendment. Attachments: Memo Resolution Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Map Amendment Areas Floodplain Map Clark 2nd Addition Revision Adjacent Property Revisions Future Land Use Map Exhibits City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner City Council Meeting: April 22, 2025 Subject: Resolution 25-042: Future Land Use Map Amendments – 34th Avenue Presenter: Mike Struck, Community Development Director Summary and Recommended Action: Jesse Rounds has submitted an amendment to the Future Land Use Map for Lots 1 and 2 of Clark 2nd Addition located along 34th Avenue. The same area has been petitioned for annexation. The proposed Future Land Use Map amendment would change the area from Urban Medium Intensity and Open Wetland to Business Park / Light Industrial. Proposed changes do not impact current zoning and any future rezoning request would be at the discretion of property owners. The Planning Commission voted 6-0 recommending approval of the future land use map amendments. The Development Review Team supports the amendment. Item Details: The 2040 Comprehensive Plan includes a Future Land Use Map which guides the City of Brookings through its review of development proposals and rezoning requests. During the development of the Comprehensive Plan, plan consultants developed the Future Land Use Map using various criteria such as existing zoning and land use, development suitability and anticipated future land use and redevelopment. The applicant’s request includes two lots: Lots 1 and Lot 2 of Clark 2nd Addition. Lot 1 is a 51.2-acre parcel currently zoned Agriculture. A majority of the parcel is Urban Medium Intensity on the Future Land Use Map. On the southern portion of the lot, where floodplain exists, is designated as Open / Floodplain. The revised Floodplain Map has shifted the floodplain further south than the existing boundary of Urban Medium and Open / Floodplain. The applicant would like to propose a Business Park / Light Industrial designation for Lot 1 with the exception of the revised floodplain area. Lot 2 is a 1.7-acre parcel currently zoned Agriculture. The entirety of the parcel is Urban Medium Intensity. The applicant would like to propose Business Park / Light Industrial for the entirety of Lot 2. In reviewing the proposal, staff identified a gap in the Future Land Use Map where Outlots B, C and D (1026 and 1124 34th Avenue) were never assigned a future land use designation. Staff recommends extending the proposed Business Park / Light Industrial to those parcels. Staff also recommends extending the Business Park / Light Industrial into the Brookings Municipal Utilities parcel to the east for consistency. The Business Park / Light Industrial future land use designation would support a mix of heavy business and light industrial uses including the Business B-3 Zoning District and Industrial I-1 Light District. The applicant is potentially interested in both zoning options in the future. The current Urban Medium Intensity future land use designation supports medium to high intensity residential and business uses, but would not support future industrial zoning or uses. The area was originally designated for the flexibility of considering workforce housing in the area to support the eastside industrial parks. 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: Resolution Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Map Amendment Areas Floodplain Map Clark 2nd Addition Revisions Adjacent Property Revisions Future Land Use Map Exhibits RESOLUTION 24-042 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 Urban Medium Intensity and Open Space to Business Park / Light Industry; 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. Passed and Approved this 22nd day of April, 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 AMENDMENTS TO THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on amendments to the 2040 Comprehensive Plan for the City of Brookings pertaining to the future land use map. NOTICE IS FURTHER GIVEN That said public hearing will be held at 6:00 PM on Tuesday, April 22, 2025 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 9th day of April, 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 AMENDMENTS TO THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the Planning Commission will hold a public hearing on amendments to the 2040 Comprehensive Plan for the City of Brookings pertaining to the future land use map. NOTICE IS FURTHER GIVEN That said public hearing will be held at 5:30 PM on Tuesday, April 1, 2025 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard in this matter. Dated this 19th day of March, 2025. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 1, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5b – Jesse Rounds has submitted an amendment to the Future Land Use Map for Lots 1 and 2 of Clark Second Addition located along 34th Avenue. The proposed Future Land Use Map amendment would change the area from Urban Medium Intensity and Open Wetland to Business Park/Light Industrial. In addition to the request, staff has recommended adjacent areas of Urban Medium Intensity be amended to Business Park/Light Industrial for consistency on the Future Land Use Map. (Limmer/Schmeichel) Motion to approve the Future Land Use Map Amendment. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5b – Jesse Rounds has submitted an amendment to the Future Land Use Map for Lots 1 and 2 of Clark Second Addition located along 34th Avenue. The proposed Future Land Use Map amendment would change the area from Urban Medium Intensity and Open Wetland to Business Park/Light Industrial. In addition to the request, staff has recommended adjacent areas of Urban Medium Intensity be amended to Business Park/Light Industrial for consistency on the Future Land Use Map. Limmer asked why the comprehensive plan had originally designated the area as Urban Medium Intensity. Miller stated that at the time of the creation of the Future Land Use Map, there was desire to have workforce housing to support the industrial parks to the east of the interstate. City growth and property owner’s requests has not supported that plan. Urban Medium Intensity does not support industrial uses that are more common in this area of town. Schmeichel asked if the civic property to the north would affect the setbacks of the described area. Miller explained that civic setbacks would only be imposed on the civic zoned lots and bufferyard setbacks do not apply to civic zoning. Hinrichs asked if the southern portion of the requested area was contained within the floodplain. Miller showed that the updated floodplain map does not include any of the area to be reclassified and explained that if there were a proposal to develop in the floodplain area, there is an ordinance requiring the building to build 2 feet out of the floodplain. Location Map 34TH AVE34TH AVE6TH ST 34TH AVE34TH AVECAPITAL ST 32ND AVEUS HWY 14 34TH AVE34TH AVE32ND AVE34TH AVE6TH ST6TH ST Business Park Industrial IndustrialIndustrial Industrial Urban High Urban High Urban High Urban High Urban Reserve Civic Open Space Open Space Open Space Civic Urban Medium Future Land Use Map BrookingsCityLimits Parcels FLU_RDG Business Park Civic Industrial Open Space Urban High Urban Medium Urban Reserve Brookings County Roads 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 3/6/2025 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,046 Business Park Industrial Industrial Urban High Urban High Urban High Civic Open Space Civic Urban Medium Future Lane Use Map 3/18/2025 0 0.1 0.190.05 mi 0 0.15 0.30.07 km 1:7,787 Business Park Industrial IndustrialIndustrial Industrial Urban High Urban High Urban High Urban High Urban Reserve Civic Open Space Open Space Open Space Civic Urban Medium FloodplainMap 3/18/2025 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,046 INITIALS: PURCHASER________/________SELLER________/_________ SDREC.AUCTLIST-B/P – 2010 Page 4 of 6 EXHIBIT A INITIALS: PURCHASER________/________SELLER________/_________ SDREC.AUCTLIST-B/P – 2010 Page 5 of 6 INITIALS: PURCHASER________/________SELLER________/_________ SDREC.AUCTLIST-B/P – 2010 Page 6 of 6 Business Park Industrial Industrial Urban High Urban High Urban High Civic Open Space Civic Urban Medium Future Lane Use Map 3/18/2025 0 0.1 0.190.05 mi 0 0.15 0.30.07 km 1:7,787 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 25-0182,Version:1 Public Hearing and Action on a Commercial Corridor Design Review Overlay District Site Plan for 600 Main Avenue. Summary and Recommended Action: Central Bank has submitted a site plan for review within the Commercial Corridor Design Review Overlay District. The project is located at 600 Main Avenue. The Development Review Team recommends approval noting the following exceptions: ·Minimum landscape area (existing condition) (Sec. 94-399) ·Non-living ground cover in landscape areas (Sec. 94-1) The Planning Commission voted 6-0 to recommend approval including the noted exceptions. Attachments: Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Commercial Corridor Checklist Location Map Site Plan Elevations Renderings Adjacent Photos City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: April 22, 2025 Subject: Commercial Corridor Design Review Overlay District Site Plan: 600 Main Avenue Presenter: Mike Stuck, Community Development Director Summary and Recommended Action: Central Bank has submitted a site plan for review within the Commercial Corridor Design Review Overlay District. The project is located at 600 Main Avenue. The Development Review Team recommends approval noting the following exceptions:  Minimum landscape area (existing condition)  Non-living ground cover in landscape areas The Planning Commission voted 6-0 recommending approving including the noted exceptions. Item Details: The proposed project is located at the corner of 6th Street and Main Avenue north of Downtown. Central Bank proposes a demolition of the existing building, followed by the construction of a new bank building in the same location. The project site is roughly 1.06 acres and located within a Business B-2 Zoning District and the Commercial Corridor Design Review Overlay District. Site plans presented within the overlay district must be reviewed by the Planning Commission and City Council for compliance with Sec. 94-165. The current building was constructed in 1978 and has housed a number of banks in its time. Central Bank purchased the building in 2020. The building is a 17,177 square foot multi-story structure. A previous site plan review was submitted and approved in 2022 for a renovation of the building. Those plans have been scrapped in favor of a demolition and rebuild. The new structure will be built in roughly the same location as the existing building. The proposed structure is a single story, 6,234 square fo ot facility. Existing access drives and drive thru lanes will remain in place as current. A portion of the parking lot to the north will be reconstructed, while the northern two-thirds of the parking area will remain in place as current. The new building and site plan will meet zoning ordinances with the following exceptions: Minimum Landscape Area Sec. 94-399(e) states that when redevelopment of a site is proposed, a landscape plan for the entire site demonstrating compliance with the landscape requirements must be submitted. Sec. 94-399(C)(5) states that the minimum landscape area within a business district is ten-feet along the right-of-way and five feet along a side lot line. In this case, the original site was built with old ordinances that did not require the minimum landscape areas. The existing parking lot to the north does not meet the required 10 - foot landscape setback and portions of the parking lot will remain in place as is. The portion of the parking lot to be reconstructed will more closely adhere to the 10-foot landscape setback but will slightly encroach the landscape area. Non-living Ground Cover Sec. 94-1 defines a landscaped area as an area that is permanently devoted and maintained for the growing of shrubbery, grass or other plant material, and may include minor areas with nonliving groundcover. Minor areas within the landscaped area shall exclude the street right-of-way. The proposed site plan includes non-living turf around three sides of the structure including along the Main Avenue and 6th Street rights-of- way. The turf proposed will be designed to be pervious (will allow water absorption). Legal Considerations: None. Strategic Plan Considerations: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Considerations: None. Supporting Documentation: Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Commercial Corridor Checklist Location Map Site Plan Elevations Renderings Adjacent Photos 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 AN APPLICATION FOR APPROVAL OF COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT NOTICE IS HEREBY GIVEN that Architecture Incorporated has submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on the following described real estate: Lots 1 – 5 and the south thirty-eight feet of Lot 6 excluding the east six feet of the south six feet, all in Block 1 of Peterson’s Addition also known as 600 Main Avenue. NOTICE IS FURTHER GIVEN that said application will be acted on by the City Council at 6:00 PM on Tuesday, April 22, 2025, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. Any person interested may appear and be heard on this matter. Dated this 9th day of April, 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 AN APPLICATION FOR APPROVAL OF COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT NOTICE IS HEREBY GIVEN that Architecture Incorporated has submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on the following described real estate: Lots 1 – 5 and the south thirty-eight feet of Lot 6 excluding the east six feet of the south six feet, all in Block 1 of Peterson’s Addition also known as 600 Main Avenue. NOTICE IS FURTHER GIVEN that said application will be acted on by the Planning Commission at 5:30 PM on Tuesday, April 1, 2025, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. 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 19th day of March, 2025. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 1, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5e – Central Bank has submitted a site plan for review within the Commercial Corridor Design Review Overlay District located at 600 Main Avenue. Staff recommends approval noting an exception to the minimum landscape area (existing condition) and non-living ground cover in landscape areas. (Limmer/Schmeichel) Motion to approve the Commercial Corridor Design Review Overlay District including requested exceptions. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5e – Central Bank has submitted a site plan for review within the Commercial Corridor Design Review Overlay District located at 600 Main Avenue. Staff recommends approval noting an exception to the minimum landscape area (existing condition) and non-living ground cover in landscape areas. Schmeichel asked if any other properties in town, other than the football fields, had turf. Miller stated it is not common but playgrounds at some of the schools, ball fields and a few rear yards do have turf. Hinrichs inquired if there would be any environmental impact. Miller stated that drainage is the only potential foreseen concern but the applicant would need to expand further if they had explored that. He also confirmed that natural grass would be planted on the eastern side of the site near the trees and to the north per the site plan. Atruim agreed that Miller’s description of the natural grass areas was correct. He did not have the technical data for the turf, but explained that it is designed to drain. Limmer confirmed with Miller that the property is not located in the historic district and also asked if the developer would retain the mature trees on the west side of the propert y. Atrium stated they have planned to keep the mature trees and they will also be adding more to the interior of the property. Limmer inquired why the north side of the parking lot could not meet landscaping requirements. Atrium noted that the primary focus of the project was redevelopment of the structure and they wanted to maintain employee parking to the north. Miller also noted that if the northern parking lot is reconstructed to include the required landscape setback that the existing mature trees would need to be removed. Limmer asked if a lighting plan is required. Miller stated that there is a requirement for a lighting plan and the developer did submit one that met all standards. COMMERCIAL CORRIDOR DESIGN STANDARDS CHECKLIST Owner: Applicant: Phone Number: Email: Address & Legal Description: Zoning District & Proposed Use: Square Footage: Height: Historic District: Site Plan Criteria (show on site plan) Name of the project, owner, developer information: Scale, north arrow, property lines/dimensions, legal description, address if known: Location of existing and proposed structures: Setbacks & dimensions to property lines at the closest point: Required greenspace areas/buffers: Show and label easements: Access/driveway locations and dimensions, drive aisle dimensions, sidewalks, drive thru stacking areas: Location of trash containers and enclosures: Parking ratio, parking spaces, and dimensions: Square footage of surfaced area not including building (used for required tree plantings): Square footage of parking area: Location of any docks or garage doors: Locations, identification, and sizes of existing and proposed trees, shrubs and other vegetation: Foundation planting along building facing right-of-way: Location, width, and height of all earth berms and retaining walls/fencing: Soil mix and depth for if parking lot islands are required: Planting schedule: Exterior light fixture locations and specifications per 94-165.5: Photos of nearby buildings, street views of nearby blocks: Building elevations: Exterior building materials: Street façade 20% window/door: Bike Racks: Utility meters: Building mechanicals: Outdoor seating areas: Solar and wind facilities: Dish antennas: Transformers / generators: 600 Main Aven ue 84 ft Overview J J REF. 1 6 1 8 16191 6 1 7 1 6 1 7 1617161716161617 16171 6 1 7 1616 16181619C C C C E WVWV WV GV 10'-0"15'-0"SETBACK 15'-0" FINISH FLOOR SEE CIVIL SETBACK 48'-9" 6'-0" TALL TRASH ENCLOSURE (FINISH: EXTERIOR STONE LAID IN MORTAR TO MATCH MAIN FACILITY) BIKE RACK TRANSFORMER 1 2 3 4 5 6 7 8 9 10 EXISTING TREES TO REMAIN PROJECT LIMIT 70.00° MAIN ENTRY 6TH ST ACCESS ATM ACCESS LANE 30'-0" 6TH STMAIN AVEPROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEEXISTING TREES TO REMAIN ALLEYNEW TREES NEW TREES GAS METER WATER METER RESIDENTIAL TRASH CONTAINERS (2X)TO REMAIN22'-0" EXISTING ACCESS187 FT OF FRONTAGE X 3FT =561 SQ FT REQUIRED FOUNDATION PLANTING 964 SQ FT OF ADJACENT PLANTING PROVIDED SANITARY SEWER 5'-9 153/256"8'-0"ATM SIGNAGE BY OWNER 60'-0" STACKING REQUIRED (2) LANES82'-0"OVERHEAD CANOPY ATM17'-0"29'-9"17'-0"CUSTOMER PARKING SIGNAGE, BY OWNER 4'-0" STREET LAMP, SEE ELECTRICAL STREET LAMP, SEE ELECTRICAL STREET LAMP, SEE ELECTRICAL CURBED DIVIDER & BOLLARDS (PAINT) SURFACE- MOUNTED LIGHT, SEE ELECTRICAL 12'-0"7'-4"1 2.30 Sim ELECTRIC METER ADDENDUM #1 ADDENDUM #1 SURFACE- MOUNTED LIGHT, SEE ELECTRICAL ADDENDUM #1 SURFACE- MOUNTED LIGHT, SEE ELECTRICAL ARTIFICIAL TURF ARTIFICIAL TURF ARTIFICIAL TURF ARTIFICIAL TURF ARTIFICIAL TURF ADDENDUM #1 ADDENDUM #1 ADDENDUM #1 ADDENDUM #1 ADDENDUM #1 ARTIFICIAL TURF ADDENDUM #1 A. CONTRACTOR SHALL PROVIDE 6" TOP SOIL FINISH GRADE AT ALL DISTURBED AREAS U.N.O. B. SEE MECHANICAL AND ELECTRICAL AND CIVIL FOR ADDITIONAL SITE ITEMS. C. SLOPE FINISH GRADE AWAY FROM THE BUILDING. GENERAL NOTES -SITE PLAN 6' 4" 8" 1'-0" EXTERIOR STONE VENEER LAID IN MORTAR 8" CONCRETE MASONRY UNIT (PAINT) THRU-WALL FLASHING W/ WEEP HOLES @ 24" O.C. CONCRETE FOUNDATION WALL. SEE STRUCTURAL DRAWINGS FOR REINFORCING. -4'-0" 0'-0" T.O. FOUNDATION T.O. MASONRY EXPANSION JOINT FILLER AND SEALANT 4"6"6" DRAINAGE FILL CONCRETE SIDEWALK CONCRETE FOOTING. SEE STRUCTURAL DRAWINGS T.O. FOOTING PREFINISHED METAL COPING WITH CONTINUOUS KEEPER BOTH SIDES TREATED WOOD BLOCKING 1/2" TREATED PLYWOOD BOND BEAM, SEE STRUCTURAL DRAWINGS SCALE:1" = 10'-0" ENLARGED ARCHITECTURAL SITE PLAN projectsheet contentsnumber date drawn checked revision A r c h i t e c t u r e I n c o r p o r a t e d P.O. Box 2140 Sioux Falls, South Dakota 57101 Phone: (605) 339-1711 415 South Main Avenue Rapid City, South Dakota 57701 Phone: (605) 721-1158 815 St Joseph Street, Suite 203 3/18/2025 12:26:38 PM2.30 ENLARGED ARCHITECTURAL SITE PLANCENTRAL BANK - BROOKINGS TLMSWP March 10, 2025 3067 N PLANTINGS 29,800 SQ FT SURFACED AREA (BUILDING NOT INCLUDED) = 10 TREES REQUIRED 6 EXISTING 4 NEW =10 TREES PROVIDED PLANT SCHEDULE NEW TREES CATHEDRAL ELMS NEW PLANTS HOARY VERVAIN LITTLE BLUESTEMS ZIGZAG GOLDENROG PROJECT INFORMATION ADDRESS: OWNER: LEGAL DESCRIPTION: ZONING: SETBACK REQUIREMENTS: FRONT:SIDE:REAR: PROPERTY AREA: NEW BUILDING AREA: BUILDING HEIGHT: PARKING REQUIRED: PARKING PROVIDED: FIRST FLOOR ELEVATION: PARKING SETBACK: PROJECT NAME: 600 MAIN AVENUE BROOKINGS, SOUTH DAKOTA 57078 CENTRAL BANK PARCEL NUMBRE: 404500010000100 PETERSONS ADDN, LOTS 1,2,3,4,5, & S 38' OF LOT 6 EXC E 6' OF S 6'BLK 1 282 X 165 B-2 / COMMERCIAL CORRIDOR OVERLAY DISTRICT 15'-0"5'-0"20'-0" - 48,550 SQUARE FEET 6,234 SQUARE FEET 25'-8" 13 OFF STREET SPACES REQUIRED 14 SPACES 1620 CENTRAL BANK -BROOKINGS SCALE:1" = 1'-0"2.30 1 SCREEN WALL DATE DESCRIPTION 3.21.2025 ADDENDUM #1 IMPERVIOUS AREA WITHIN PROJECT LIMITS EXISTING IMPERVIOUS AREA= 29,951 SQ FT PROPOSED IMPERVIOUS AREA = 22,232 SQ FT ADDENDUM #1 A. GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS AT THE JOB SITE. REPORT DISCREPANCIES TO THE ARCHITECT. GENERAL NOTES -EXTERIOR ELEVATIONS FLOOR PLAN 100' -0" 5 5.20 _______6 5.20 _______7 5.20 _______8 5.20 _______ TOW LOW 115' -4" 2/5.11 8/5.117/5.11 TOW HIGH 124' -6" EXTERIOR STONE VENEER LAID IN MORTAR PREFINISHED METAL WALL PANEL COLOR 1 PREFINISHED METAL WALL PANEL COLOR 2 PREFINISHED METAL WALL PANEL COLOR 1 PREFINISHED METAL GRAVEL EDGE PAINT EXPOSED STRUCTURAL STEEL PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE EXTERIOR STONE VENEER LAID IN MORTAR PREFINISHED METAL OVER-FLOW SCUPPER (INLET FLOW LINE LOCATED 2" ABOVE ROOF DRAIN) EXTERIOR STONE VENEER LAID IN MORTAR FACE BRICK COLOR 1 FACE BRICK COLOR 2 CAST STONE A A A A SOLDIER COURSE COLOR 1 REVEALS 105 AUTOMATICALLY DIMMING ELECTRONIC DISPLAY BOARD, BY OWNER 16' - 4" 19' - 10" 13' - 0" 11' - 8" 2' - 0" 8" 15' - 4" 10' - 0" 12' - 0" 20' - 7" 25' - 4" 10' - 10" 13' - 10" DEAL DRAWER 2' - 4" SIGNAGE BY BANK EQUIPMENT PROVIDER FACE BRICK COLOR 2VINYL ENTRY DECAL ADDENDUM #1 FLOOR PLAN 100' -0" 2 5.20 _______1 5.20 _______ TOW LOW 115' -4" 3 5.20 _______4 5.20 _______ 1/5.11 6/5.11 TOW HIGH 124' -6"EXTERIOR STONE VENEER LAID IN MORTAR EXTERIOR STONE VENEER LAID IN MORTAR PREFINISHED METAL OVER-FLOW SCUPPER (INLET FLOW LINE LOCATED 2" ABOVE ROOF DRAIN) PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL OVER-FLOW SCUPPER (INLET FLOW LINE LOCATED 2" ABOVE ROOF DRAIN) PREFINISHED METAL WALL PANEL 1 PREFINISHED METAL WALL PANEL COLOR 1 PREFINISHED METAL WALL PANEL COLOR 2 FACE BRICK COLOR 1 FACE BRICK COLOR 2 CAST STONE EXTERIOR CAST STONE VENEER (TEXTURED FINISH) A A A A A SOLDIER COURSE COLOR 1 AUTOMATICALLY DIMMING ELECTRONIC DISPLAY BOARD, BY OWNER 16' - 4" 20' - 7" 18' - 4" 10' - 0" 10' - 10" 13' - 10" 13' - 0" 8" 2' - 0" REVEALS 15' - 4"2 5.50 _______ REVEAL FLOOR PLAN 100' -0" 5 5.20 _______6 5.20 _______7 5.20 _______8 5.20 _______ TOW LOW 115' -4" 12/5.11 5/5.11 10/5.11 4/5.11 TOW HIGH 124' -6" EXTERIOR STONE VENEER LAID IN MORTAR FACE BRICK COLOR 2 FACE BRICK COLOR 2 FACE BRICK COLOR 1 FACE BRICK COLOR 2 CAST STONE PREFINISHED METAL OVER-FLOW SCUPPER (INLET FLOW LINE LOCATED 2" ABOVE ROOF DRAIN) PREFINISHED METAL-WALL PANEL (COLOR 2) A A A SOLDIER COURSE COLOR 1 PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE SOLDIER COURSE COLOR 2 SOLDIER COURSE COLOR 2 PREFINISHED BREAK METAL REVEAL WITH BACKLIGHTING LIGHT FIXTURE, SEE ELECTRICAL LIGHT FIXTURE, SEE ELECTRICAL 10' - 10" ELECTRIC METER, SEE ELECTRICAL SIGNAGE, BY OWNER 13' - 10" 3' - 4" 25' - 4" 21' - 0" 18' - 4" 20' - 7" 12' - 4" 10' - 0" DEAL DRAWER REVEALS FACE BRICK COLOR 1 115A PREFINISHED METAL-WALL PANEL (COLOR 1) PREFINISHED METAL-WALL PANEL (COLOR 2) PREFINISHED METAL-WALL PANEL (COLOR 1) REVEAL FLOOR PLAN 100' -0" 2 5.20 _______1 5.20 _______ TOW LOW 115' -4" 3 5.20 _______4 5.20 _______ 9/5.11 3/5.11 TOW HIGH 124' -6" FACE BRICK (COLOR 1) FACE BRICK (COLOR 2) EXTERIOR STONE VENEER LAID IN MORTAR PREFINISHED METAL WALL PANEL ON 'Z' GIRTS BY WALL PANEL SUPPLIER PREFINISHED METAL WALL PANEL BRICK (COLOR 2) PREFINISHED METAL WALL PANEL ON 'Z' GIRTS BY WALL PANEL SUPPLIER SOLDIER COURSE COLOR 1 REVEAL SOLDIER COURSE COLOR 1 SOLDIER COURSE COLOR 2 SOLDIER COURSE COLOR 2 PREFINISHED METAL OVER-FLOW SCUPPER (INLET FLOW LINE LOCATED 2" ABOVE ROOF DRAIN) PREFINISHED BREAK METAL REVEAL WITH BACKLIGHTING NIGHT DEPOSIT BY BANK EQUIPMENT PROVIDER TELLER WINDOW AND DEAL DRAWER BY BANK EQUIPMENT PROVIDER B 10' - 10" SIGNAGE, BY OWNER 13' - 10" 25' - 4" 21' - 0" 12' - 4" 9' - 4" 20' - 7" 3' - 4" REVEALS PREFINISHED METAL GRAVEL EDGE PREFINISHED METAL GRAVEL EDGE CAST STONE CAST STONE SOLDIER COURSE COLOR 2 FLOOR PLAN 100' -0" TOW LOW 115' -4" 9' - 0" MECHANICAL LOUVER PREFINISHED METAL OVER-FLOW SCUPPER (INLET FLOW LINE LOCATED 2" ABOVE ROOF DRAIN) EXTERIOR STONE VENEER LAID IN MORTAR PREFINISHED METAL WALL PANEL COLOR 1 18' - 4" 13' - 10" 10' - 10" ELECTRICAL METER, SEE ELECTRICAL GAS METER, SEE ELECTRICAL projectsheet contentsnumber date drawn checked revision A r c h i t e c t u r e I n c o r p o r a t e d P.O. Box 2140 Sioux Falls, South Dakota 57101 Phone: (605) 339-1711 415 South Main Avenue Rapid City, South Dakota 57701 Phone: (605) 721-1158 815 St Joseph Street, Suite 203 3/18/2025 12:26:46 PM5.10 EXTERIOR ELEVATIONSCENTRAL BANK - BROOKINGS TLMSWP March 10, 2025 3067 SCALE:1/8" = 1'-0"5.10 A SOUTH ELEVATION SCALE:1/8" = 1'-0"5.10 B WEST ELEVATION SCALE:1/8" = 1'-0"5.10 C NORTH ELEVATION SCALE:1/8" = 1'-0"5.10 D EAST ELEVATION SCALE:1/8" = 1'-0"5.10 E WEST ELEVATION DATE DESCRIPTION 3.21.2025 ADDENDUM #1 3/18/2025 12:26:28 PMCENTRAL BANK - BROOKINGS BROOKINGS, SOUTH DAKOTA 3067 CENTRAL BANK -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 #:ORD 25-011,Version:2 Second Reading and Action on Ordinance 25-011, an Ordinance amending Chapter 6, Article I, Section 6-8 of the Code of Ordinances of the City of Brookings pertaining to Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. Summary and Recommended Action: Staff recommends approval of this Ordinance to amend Section 6-8 of the City of Brookings code, pertaining to Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. Attachments: Memo Ordinance - clean Ordinance - marked City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Samantha Beckman, Assistant to the City Manager Council Meeting: April 15, 2025 / April 22, 2025 Subject: Ordinance 25-011: Amendment to Section 6-8 pertaining to Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines Presenter: Bonnie Foster, City Clerk Samantha Beckman, Assistant to the City Manager Summary and Recommended Action: Staff recommends approval of this Ordinance to amend Section 6-8 of the City of Brookings code, pertaining to Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. By removing this restriction, the City would allow more establishments to enjoy the expansion of outdoor seating, creating a feeling of community in the downtown corridor. Item Details: In 2008, House Bill 1203 allowed a city or a county to permit on-sale licensees to sell and consume alcoholic beverages on sidewalks and walkways, which are adjacent to and abut the building containing the licensed premises. Local ordinance was required to be passed before the City could allow for sidewalk sales and consumption of alcoholic beverages. At that time, the City chose to impose the license holder receive 50% of their gross from the sale of prepared food in order to qualify for a sidewalk alcoholic beverage permit. City staff has received a request from a Downtown Establishment to remove from existing Code, the following: “provided that the license holder derives more than 50 percent of its gross receipts from the sale of prepared food for consumption on the licensed premises.” Existing code Section 6-8, reads as follows: (a) General provisions. (1) Any holder of an operating agreement, on -sale malt beverage license or on-sale wine or farm wine license may apply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than 50 percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. State statute provides guidance in SDCL 35-4-77.1, as it states: “Nothing in this section prevents the governing body from imposing condition s or restrictions that the governing body considers appropriate.” In 2008, the City Council chose to impose certain restrictions. By removing this restriction in Brookings Ordinance Section 6-8, the City would allow more establishments to enjoy the expansion of outdoor seating onto the public facing side of their establishments, creating a feeling of community in the downtown corridor. Legal Consideration: The City Attorney has reviewed the Ordinance. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: There is a one-time application fee of $100.00. Supporting Documentation: Ordinance – clean Ordinance – marked ORDINANCE 25-011 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE I, SECTION 6-8 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS PERTAINING TO SIDEWALK CAFÉ ALCOHOLIC BEVERAGE SALES AND CONSUMPTION GUIDELINES BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Section 6-8 of the Code of Ordinances and pertaining to Sidewalk Café Alcoholic Beverage and Consumption Guidelines is hereby amended to read as follows: Chapter 6 – Alcoholic Beverages Article I – In General Section 6-8 – Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. (a) General Provisions (1) Any holder of an operating agreement, on -sale malt beverage license or on-sale wine or farm wine license may apply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-way immediately adjacent to and abutting a licensed premises. (2) The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. (3) This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. (4) The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section shall be consistent with the hours permitted for the license held by the sidewalk café permittee. (5) A violation of any provision of [SDCL] Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of- way pursuant to this section constitutes a violation of [SDCL] Title 35 as if the violation had occurred in or on the licensed premises. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: April 15, 2025 SECOND READING: April 22, 2025 PUBLISHED: April 25, 2025 CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk ORDINANCE 25-011 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE I, SECTION 6-8 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS PERTAINING TO SIDEWALK CAFÉ ALCOHOLIC BEVERAGE SALES AND CONSUMPTION GUIDELINES BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Section 6-8 of the Code of Ordinances and pertaining to Sidewalk Café Alcoholic Beverage and Consumption Guidelines is hereby amended to read as follows: Chapter 6 – Alcoholic Beverages Article I – In General Section 6-8 – Sidewalk Café Alcoholic Beverage Sales and Consumption Guidelines. (a) General Provisions (1) Any holder of an operating agreement, on -sale malt beverage license or on-sale wine or farm wine license may apply for a sidewalk café permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a public right-of-way immediately adjacent to and abutting a licensed premises, provided that the license holder derives more than 50 percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. (2) The sidewalk or walkway subject to a public right -of-way shall be immediately adjacent to and abutting the licensed premises. (3) This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. (4) The hours of authorized sale and consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section shall be consistent with the hours permitted for the license held by the sidewalk café permittee. (5) A violation of any provision of [SDCL] Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of- way pursuant to this section constitutes a violation of [SDCL] Title 35 as if the violation had occurred in or on the licensed premises. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: April XX, 2025 SECOND READING: April XX, 2025 PUBLISHED: CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0183,Version:1 Action on a Revised Preliminary Plat for Lots 2-3 in Block 2 and Block 3 of Reserve Fourth Addition. Summary and Recommended Action: CD Properties, LLC has submitted a revised Preliminary Plat for Lots 2-3 in Block 2 and Block 3 in Reserve Fourth Addition. The Preliminary Plat will add an additional Block, Block 3 and an additional lot to Block 2. The Planning Commission voted 6-0 to recommend approval. The Development Review Team is supportive of the revised Preliminary Plat. Attachments: Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat - 2021 Reviews Preliminary Plat Zoning Map Future Land Use Map City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: April 22, 2025 Subject: Revised Preliminary Plat: Lots 2-3, Block 2-3, Reserve Fourth Addition Presenter: Mike Struck, Community Development Director Summary and Recommended Action: CD Properties, LLC has submitted a revised Preliminary Plat for Lots 2-3 in Block 2 and Block 3 in Reserve Fourth Addition. The Preliminary Plat will add an additional Block, Block 3, and an additional lot to Block 2. The Planning Commission voted 6-0 to recommend approval. The Development Review Team is supportive of the revised Preliminary Plat. Item Details: Reserve Fourth Addition was preliminary platted in 2021 as Lot 1 in Block 1 and Lots 1, 2 and 3 in Block 2 of Reserve Fourth Addition. The original Preliminary Plat included four lots fronting 20th Street South, one west of Christine Avenue and three east of Christine Avenue. A revised Preliminary Plat was approved in 2023, which increased the size of Lot 1 in Block 1, and added Lot 2 in Block 1. Lot 1 in Block 2 and Lot 4 in Block 2 have been final platted with development finished on Lot 1 in Block 2. CD Properties would now like to add an additional lot along 20th Street within Block 2 as well as add Block 3. The revised Preliminary Plat will include: Revised Lot 2 in Block 2 Originally, Lot 2 in Block 2 was a 41,400 square foot lot zoned Business B -2 District and fronting 20th Street. The revised Lot 2 is proposed as a 27,921 square foot lot zoned B - 2 and fronting 20th Street. The lot will include 124 feet of 20th Street frontage. Lot 2 will likely access 20th Street as a standalone access. Revised Lot 3 in Block 2 Lot 3 in Block 2 was preliminary platted as a 41,303 square foot lot and zoned Business B-2A Office District. The lot was subsequently rezoned to Business B-2 District in 2023. The revised Lot 3 will shift west and get reduced to 29,046 square feet with 129 feet of frontage on 20th Street. The shift west is due an additional lot, Lot 4, being final platted in the area formerly occupied by Lot 3. Lots 3 and 4 will access 20th Street via shared access on Lot 3. Block 3 A new proposed block, Block 3, will be located north of Block 2. Block 3 is proposed as a 4.08-acre lot zoned Residence R-3 Multi-Family District. The lot will front and have access to Christine Avenue. Block 3 will include a portion of the platted Lot 100 of Windermere Pointe Addition, which will be vacated upon final platting in Block 3. The revised Preliminary Plat meets all zoning and subdivision regulations. Legal Consideration: None. Strategical Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Location Map Preliminary Plat – 2021 Revised Preliminary Plat Zoning Map Future Land Use Map If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That CD Properties LLC has submitted a revised preliminary plat on the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: The Southwest Quarter of the Southwest Quarter Except All Platted Areas thereof, and Except the South Forty Feet of the Southwest Quarter of the Southwest Quarter thereof in Section 36, Township 110 North, Range 50 West in the City of Brookings, Brookings County, South Dakota. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, April 22, 2025, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 9th day of April, 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. NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That CD Properties LLC has submitted a revised preliminary plat on the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: The Southwest Quarter of the Southwest Quarter Except All Platted Areas thereof, and Except the South Forty Feet of the Southwest Quarter of the Southwest Quarter thereof in Section 36, Township 110 North, Range 50 West in the City of Brookings, Brookings County, South Dakota. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, April 1, 2025, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 19th day of March, 2025. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 1, 2025 OFFICIAL MINUTES Chairperson Scot Leddy called the meeting of the Planning Commission to order on Tuesday, April 1, 2025, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Debra Spear. Tanner Aiken and Roger Solum were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Andrew Vrchota, Josh Bakker and Andrew Atrium. Item #5c – CD Properties, LLC has submitted a revised preliminary plat for Lots 2-3 in Block 2 and Block 3 in Reserve Fourth Addition located at 20th Street South and Christine Ave. The preliminary plat will add an additional Block, Block 3 and an additional lot to Block 2. (Limmer/Schmeichel) Motion to approve the Revised Preliminary Plat. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5c – CD Properties, LLC has submitted a revised preliminary plat for Lots 2-3 in Block 2 and Block 3 in Reserve Fourth Addition. The preliminary plat will add an additional Block, Block 3 and an additional lot to Block 2. BLUESTEMPATHW IN D E R M E R E W A Y WILLOWBRANCH AVETANBURY LN WHITETAIL PATH CHRISTINEAVE20TH ST S Reserve 4th Addition Prelim Lots ¹Prelim Plat Boundary BLUESTEMPATHW IN D E R M E R E W A Y WILLOWBRANCH AVETANBURY LN WHITETAIL PATH CHRISTINEAVE20TH ST S A R-3 R-3B-2 Reserve 4th Addition Prelim Lots ¹Prelim Plat Boundary A B-2 B-3 R-2 R-3 BLUESTEMPATHW IN D E R M E R E W A Y WILLOWBRANCH AVETANBURY LN WHITETAIL PATH CHRISTINEAVE20TH ST S Reserve 4th Addition Prelim Lots ¹Prelim Plat Boundary Meidum Density Residential (MDR) Urban Medium Intensity (UMI) Parks (P) Open Wetland (OW) 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 25-029,Version:1 Action on Resolution 25-029, a Resolution Amending the Capital Improvement Fee for Edgebrook Golf Course. Summary and Recommended Action: Staff recommends Council approval of the proposed resolution for the Capital Improvement Fee amendment for Edgebrook Golf Course. This amendment authorizes an increase in the Capital Improvement Plan Fee for Edgebrook Golf Course to offset capital project costs for this Enterprise Fund. Attachments: Memo Resolution City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director, Kristin Zimmerman, Parks, Recreation, and Forestry Director Council Meeting: March 25, 2025 Subject: Resolution 25-029: Amending Edgebrook Golf Course CIP Fee Presenter: Kristin Zimmerman, Parks Director Summary and Recommended Action: Staff recommends Council approval of the proposed resolution for the Capital Improvement Fee amendment for Edgebrook Golf Course. This amendment authorizes an increase in the Capital Improvement Plan Fee for Edgebrook Golf Course to offset capital project costs for this Enterprise Fund. Item Details: As Parks, Recreation, and Forestry Department staff plan for a large water source project at Edgebrook Golf Course, among other capital improvement needs, it is necessary to increase the existing Capital Improvement Plan Fee to provide greater opportunities for cost recovery within this Enterprise fund. The Edgebrook Golf Course operates as an enterprise fund and, as such, is intended to be financially self-sustaining without reliance on subsidies. However, the course currently receives substantial support from the City’s Liquor Store revenues and the General Capital Improvement Fund. The existing Capital Improvement Plan (CIP) Fee was originally established to fund a significant drainage project and currently generates approximately $20,000 annually. Major capital investments are on the horizon, including a $1.2 million water source improvement project planned for 2025–2026 and a $2.5 million irrigation system upgrade in future years. It is critical that the course contribute a greater share toward its infrastructure needs. Increasing the CIP Fee will help double annual revenue from this source, easing the burden on the broader capital fund. Existing Fee Proposed Fee 9-Hole Green Fees $1.00 $2.00 18-Hole Green Fees $2.00 $4.00 Season Pass $30.00 $40.00 The department recommends implementing the proposed fee increase to support upcoming capital needs; however, the Parks and Recreation Advisory Board did not support the proposal at this time. The Board advised postponing the fee adjustment until after the request for proposals (RFP) for the water source project has been issued. Legal Consideration: None. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: The CIP fee currently generates approximately $21,000 in revenues for Edgebrook Golf Course. This action will increase those revenues to over $50,000 annually under the current conditions. Major capital investments are on the horizon, including a $1.2 million water source improvement project planned for 2025 –2026 and a $2.5 million irrigation system upgrade in future years. Supporting Documentation: Resolution RESOLUTION 25-029 RESOLUTION AMENDING THE CAPITAL IMPROVEMENT FEE FOR EDGEBROOK GOLF COURSE WHEREAS, in fiscal year 2025 amend Capital Improvement Fee to $3.00 for all 9-hole green fees, $6.00 for all 18-hole green fees, and $50 CIP fee for all season passes. This fee may only be modified with City Council Approval; and WHEREAS, staff has conducted analysis of the Edgebrook Golf Course Capital Improvement Plan, the City Council has determined that this fee is necessary to offset the capital improvement needs of Edgebrook Golf Course. NOW , THEREFORE, BE IT RESOLVED that the Capital Improvement Fee for Edgebrook Golf Course his hereby amended. Passed and Approved this 25th day of March, 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 25-030,Version:1 Action on Resolution 25-030, a Resolution of Intent to Lease Real Property to Ryan Companies US, Inc. Summary and Recommended Action: Action on proposed Resolution of Intent to Lease Real Property to Ryan Companies US, Inc. and authorizing the City Manager, City Clerk, and City Attorney to execute a lease agreement with Ryan Companies US, Inc. for office space at the Research and Technology Center located at 807 32nd Avenue on a month-to-month basis. Staff recommends approval. Attachments: Memo Resolution Notice City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Mike Struck, Community Development Director Council Meeting: April 22, 2025 Subject: Resolution 25-030: Intent to Lease Real Property to Ryan Companies US, Inc. Person(s) Responsible: Mike Struck, Community Development Director Summary and Recommended Action: Action on proposed Resolution of Intent to Lease Real Property to Ryan Companies US, Inc. and authorizing the City Manager, City Clerk, and City Attorney to execute a lease agreement with Ryan Companies US, Inc. for office space at the Research and Technology Center located at 807 32nd Avenue on a month-to-month basis. Staff recommends approval. Item Details: The City owns the 26,000 square foot Research & Technology Center at 809 32nd Avenue. The facility was originally designed to offer office and laboratory space for startup businesses in the community. The facility is scheduled for removal in 2026 as additional space in the community is available to meet the needs , as well as redevelopment of the site will provide a higher and better use of the property. Ryan Companies US, Inc. is proposing to lease office space in conjunction with the project management of the Brookings Marketplace development adjacent to the Research and Technology Center. Ryan Companies US, Inc. would typically have a job site trailer on-site for the superintendent’s office. However, during logistics planning, it was determined temporary power for the job site trailer would be difficult to achieve and a temporary, diesel-powered generator was an option for consideration. Ryan Companies would prefer not to utilize a generator due to the cost, noise, and environmental considerations. The proposed lease rate is ten dollars ($10.00) per square foot for two thousa nd sixty- six (2,066) square feet of office space. The lease is a month -to-month lease with the lease expiring no later than July 31, 2026. A public hearing and adoption of a Resolution is required as per SDCL 9-12-5.2 to lease to a private person: 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. The Notice of Public Hearing was published on April 9, 2025. Legal Consideration: The City Attorney reviewed the lease agreement. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: The City will enter into a month-to-month lease with Ryan Companies US, Inc. for the annual sum of Twenty Thousand Six Hundred Sixty Dollars ($20,660.00) payable in monthly installments of One Thousand Seven Hundred Twenty-One Dollars and Sixty- Six Cents ($1,721.66). The lease is on a month-to-month basis with a Thirty (30) day notice by either party to vacate the premise. Supporting Documentation: Resolution Notice RESOLUTION 25-030 RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO RYAN COMPANIES US, INC. 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 agreement with Ryan Companies US, Inc., on a month-to-month basis terminating on or before July 31, 2026 and pertaining to the following described property: Research & Technology Center – 807 32nd Avenue The Lease will be an amount of $10.00 per square foot for 2,066 square feet of office space. BE IT RESOLVED, that a Public Hearing on this Resolution was held on April 22, 2025 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the inten t to lease real property. BE IT FURTHER RESOLVED, that the City Manager, City Clerk, and City Attorney are authorized to execute a lease agreement with Ryan Companies US, Inc. for real property located in the Research and Technology Center at 807 32 nd Avenue. Passed and Approved this the 22nd day of April, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published time(s) at an approximate cost of $ . NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENT TO LEASE REAL PROPERTY NOTICE IS HEREBY given that on Tuesday, April 22, 2025, at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to Ryan Companies US, Inc. the following described property in the Research and Technology Center: 807 32nd Avenue, Brookings, S.D. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above- described property. Dated this 9thth day of April, 2025. CITY OF BROOKINGS __________________________ 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 25-043,Version:1 Action on Resolution 25-043, a Resolution Authorizing the Acquisition of the Fifth Street Gym Property by the City of Brookings from Brookings School District #5-1. Summary and Recommended Action: Staff recommends the acquisition of the Fifth Street Gym from the Brookings School District at no cost for public use. The transfer includes a parking easement secured through cooperation with Brookings County and the Mills family. This joint effort helps preserve the facility for community benefit, with City officials authorized to complete the necessary documents. Attachments: Memo Resolution City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Kristin Zimmerman, Parks, Recreation and Forestry Director Council Meeting: April 22, 2025 Subject: Resolution 25-047: Acquisition of the 5th Street Gym Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Director Summary and Recommended Action: Staff recommends the acquisition of the Fifth Street Gym from the Brookings School District at no cost for public use. This joint effort helps preserve the facility for the benefit of the community. Staff recommends approval. Item Details: The acquisition of the Fifth Street Gym property from the Brookings School District 5 -1 at no cost will preserve the facility for long-term public use. A proposed Property Transfer Agreement is recommended to complete this action. In addition to the transfer agreement, the City secured an easement for the adjacent parking lot through collaboration with Brookings County and community members John and Jacob Mills. This partnership between the City, School District, County, and local stakeholders ensures continued community access to the gym and reflects a shared investment in public facilities. This acquisition directly supports the goals outlined in the Brookings Parks and Recreation Master Plan, which emphasizes maximizing the use of existing infrastructure and expanding recreational opportunities for residents of all ages. The Fifth Street Gym provides valuable indoor space for programs, events, and partnerships, helping meet current and future recreation demands identified in the plan. Preserving and repurposing this facility aligns with the City’s broader strategy to enhance community well-being, provide accessible recreation, and prioritize sustainable facility planning. Legal Consideration: The City Attorney has reviewed and written the 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. Financial Consideration: The City estimates the 2025 financial impact of operating the Fifth Street Gym at $123,430.67, with projected revenues of $17,500. Future operating budgets will be developed and presented annually as part of the City’s standard budget process. Supporting Documentation: Resolution Memo RESOLUTION 25-043 RESOLUTION AUTHORIZING ACQUISITION OF THE FIFTH STREET GYM PROPERTY BY THE CITY OF BROOKINGS FROM BROOKINGS SCHOOL DISTRICT 5-1 BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: WHEREAS, the City desires to acquire the real property described below and referred to as the “Fifth Street Gym”, and Brookings School District 5-1 agrees to convey to the City, pursuant to the terms and conditions of a Real Property Transfer Agreement and in accordance with SDCL 6-5-2, the following described property: Lot One Hundred Two (102) of Block Ten (10) of Second Addition to the City of Brookings, County of Brookings, State of South Dakota, and WHEREAS, the City of Brookings has obtained an Easement for use of the parking lot located East of the Fifth Street Gym through the cooperation of Brookings County and John Mills and Jacob Mills, and WHEREAS, this transaction represents the efforts of the Brookings School District, the County of Brookings, Community Members John Mills and Jacob Mills, and the City of Brookings to secure the Fifth Street Gym for community use, and WHEREAS, the School District and City are authorized to enter into this transaction in accordance with South Dakota Codified Law 6-5-2. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings acquire the above-described property from the Brookings School District for no cash consideration for public use; and B. That the Mayor, City Manager, City Clerk and City Attorney are authorized to execute a Real Property Transfer Agreement and other required documents in accordance with this Resolution. Passed and Approved this 22nd day of April, 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 #:ID 25-0192,Version:1 Action on authorizing the City Manager to enter into an Agreement for City Attorney Services. Summary and Recommended Action: The City Council will take action to enter into an Agreement for City Attorney Services. Attachments: Memo Agreement City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: April 22, 2025 Subject: City Attorney Legal Services Agreement Person(s) Responsible: Paul Briseno, City Manager Steve Britzman, City Attorney Summary: The City Council considers the appointment of a City Attorney and will approve an agreement for legal services with the City Attorney. Item Details: The City Charter identifies the City Attorney as one of three positions appointed by the City Council. The City Attorney services are contracted and outlined within an annual agreement. The agreement outlines the performance of legal services, conflicts of interests, reimbursement for services, and scope of services noted on page 4, items 1 - 17. Earlier this year, the City of Brookings advertised a Request for Proposals for the position of City Attorney in a number of locations, including the City’s Website, the Brookings Register, the South Dakota Municipal League Magazine and the State Bar Newsletter and Website. Two law firms submitted Proposals, including Woods Fuller of Sioux Falls and Cutler Law Firm, also of Sioux Falls. These firms each are longstanding firms with many attorneys and each ha s an excellent reputation. Representatives of the Woods Fuller and Cutler Law Firm presented their proposals to serve as the Brookings City Attorney to City of Brookings staff on April 2 nd and to the City Council on April 10th. Each firm proposed a lead attorney, who would, if appointed, serve as the City Attorney. Woods Fuller proposed J. Vincent (“Vince”) Jones as the City Attorney, with Cutler Law Firm submitted Nathan S. (“Nate”) Schoen as the City Attorney. In addition, each of the firms affirmed that additional attorneys would assist the City Attorney in the performance of legal services for the City of Brookings as Assistant City Attorneys. While the City Council has had an opportunity to interview the two firms, the Council has not yet held a public discussion following the interviews, or made a selection of the firm to provide City Attorney services. This discussion and possible action appointing a City Attorney will occur at the April 22nd City Council meeting. The proposed 2025 Legal Services Agreement reflects similar terms as set forth in prior legal services agreements with the exception that each of the firms propose to perform the legal work on an hourly basis. Each of the attorneys performing legal services has an individual hourly rate which will be used in computing the firm’s legal fees. Legal Consideration: The proposed Legal Services Agreement will complete the current year , with a new Legal Services Agreement to be considered for 2026 . Financial Considerations: The financial consideration includes a budget for the year of 2025 of $154,140.00. Strategic Plan Consideration: This action aligns with the City Council’s Strategic area Fiscal Responsibility – financial transparency, service delivery, service level, outside agency funding. Supporting Documentation: Agreement LEGAL SERVICES AGREEMENT THE CITY OF BROOKINGS and _________________________ agree that the City of Brookings has appointed ____________________________ to serve as City Attorney for the remainder of 2025, commencing April _____, 2025 and ending December 31, 2025, unless extended by mutual agreement of the parties, in writing. The City of Brookings and __________________________ desire to set forth the terms of their Agreement concerning the provision of legal services by ________________________ as City Attorney as follows: 1. Performance of Legal Services ________________________ will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. ________________________ will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage ___________________________ will maintain Attorneys Professional Liability coverage in the amount of not less than One (1) Million Dollars ($1,000,000) per claim and not less than One (1) Million Dollars ($1,000,000) aggregate during the term of this agreement. __________________________ will be responsible to pay any deductible amount under the foregoing coverage. A Certificate of Insurance shall be provided to the City of Brookings. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, ___________________________ will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services __________________________ agrees to provide all of the legal services provided in the Scope of Services, at the Firms applicable hourly rates for individuals performing services pursuant to this Agreement, payable within thirty (30) days of each monthly invoice. A current copy of the applicable hourly rates for attorneys performing work for the City shall be attached to this Agreement and made a part hereof. The legal services provided by ___________________________ will be performed as an independent contractor and ___________________________ shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 2 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Four Thousand Dollars ($4,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meetings of the International Municipal Lawyers Association and the South Dakota Municipal League. The IMLA Annual Conference includes approximately nineteen hours of continuing legal education in the area of Municipal Law. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. In addition, travel to and from Brookings for meetings shall be compensated at the rate of one-half of the travel time required between Sioux Falls and Brookings. 6. Legal Services not within the Scope of Services __________________________ shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however ___________________ and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. 7. Appointment and Compensation of Assistant City Attorney It is further understood and agreed that one or more Assistant City Attorneys, based upon the recommendations of the City Manager and the City Attorney will be appointed during the term of this Agreement. The term of office of the Assistant City Attorneys shall coincide with the City Attorney’s term of office and the scope of services shall be as set forth in this Legal Services Agreement. The compensation for the Assistant City Attorney shall be paid in the same manner as the City Attorney. Dated this 22nd day of April, 2025. ________________________ ____________________________ Dated this 22nd day of April, 2025. CITY OF BROOKINGS, SD Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk 3 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is approved by the City Manager or is due to vacation or illness, or the subject matter of the meeting does not require the assistance of counsel. If the City Attorney is unable to attend, then the Assistant City Attorney shall attend. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. Represent the City of Brookings in Magistrate Court and in Circuit Court in the enforcement of City Ordinances and State laws. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and co mpensation will be in addition to the monthly compensation as provided in Section 15 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. The City Manager will be notified when the City Attorney’s hours of lega l services reach fifty (50) for the month to allow the City Manager to manage the total hours for the remainder of the month. 10. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 11. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 12. Assist the City Clerk and the private sector firm in Ordinance Codification. 13. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 14. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 15. Review proposed state legislation affecting the City and prepare or supervise the preparation 4 of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislat ive boards as requested. 16. The City Attorney’s basic fee does not include the following services: a. Litigation. b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordina nces will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. 17. The Assistant City Attorney shall perform all services set forth in this Scope of Services as directed by the City Attorney. 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 25-0173,Version:1 Action to appoint City Council Member, effective 5/01/2025-4/30/2026. Summary: The City Council will take action to appoint a City Council Member for a term effective May 1, 2025 and ending April 30, 2026. Attachments: Memo City Council Policy #205 - Vacancies City Charter Press Release Application Code of Ethics - Council Member Process and Timeline City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: April 22, 2025 Subject: City Council Appointment Person(s) Responsible: Bonnie Foster, City Clerk Steve Britzman, City Attorney Summary: The City Council will take action to appoint a City Council Member for a term effective May 1, 2025 and ending April 30, 2026. Item Details: A City Council member vacancy was created when Council Member Andrew Rasmussen submitted his resignation, effective February 28, 2025. The city issued a press release seeking applicants for the vacant City Council seat. The appointed City Council member would serve until the next regular municipal election, with the term expiring on April 30, 2026. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. The following Brookings residents have applied for the vacant Brookings City council member position: Al Austreim Larry Ayres Lisa Hager Michael Lambertus Zeno Wicks The applicants attended a special meeting on May 15th to provide additional information and respond to questions. Any vacancy occurring in the office of Mayor or City Council must be filled pursuant to City Charter, Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies: City Charter Reference - Filling of Vacancy. (d) Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City Election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City Election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City Election immediately following the next regula r City Election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty days, fill the vacancies by appointment or call for a special election to fill the vacancies. The appointment process is further defined in City Council Policy #205 - Vacancies. Supporting Documentation: City Council Policy #205 - Vacancies City Charter Press Release Application Code of Ethics - Council Member Process and Timeline • • • • • Brookings City Charter City of Brookings Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 Election 11-05-02 - Passed; Canvassed on 11-12-02. Amended: April 24, 2012 TABLE OF CONTENTS Page Preamble ................................................................................................................................................. 1 ARTICLE I – POWERS OF THE CITY ..................................................................................................... 1 Section 1.01 – Powers of the City ................................................................................................ 1 Section 1.02 – Construction ........................................................................................................ 1 Section 1.03 – Intergovernmental Relations ................................................................................ 1 Section 1.04 – Limitations ........................................................................................................... 1 Section 1.05 – New Taxes........................................................................................................... 1 ARTICLE II – CITY COUNCIL .................................................................................................................. 1 Section 2.01 – General Powers and Duties ................................................................................. 1 Section 2.02 – Composition, Eligibility, Terms, Bond Required Designation of Areas of Responsibility, Powers and Duties .................................. 2 Section 2.03 – Mayor .................................................................................................................. 2 Section 2.04 – Compensation; Expenses .................................................................................... 2 Section 2.05 – Prohibitions .................................................................................................... 2 & 3 Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies ............................................. 3 Section 2.07 - Judge of Qualifications.......................................................................................... 3 Section 2.08 – Clerk .................................................................................................................... 3 Section 2.09 – Investigations .................................................................................................... .. 4 Section 2.10 – Independent Audit ................................................................................................ 4 Section 2.11 – Procedure ............................................................................................................ 4 Section 2.12 – Action Requiring an Ordinance ....................................................................... 4 & 5 Section 2.13 – Ordinances and Resolutions in General ............................................................... 5 Section 2.14 – Emergency Ordinances ........................................................................................ 5 Section 2.15 – Codes of Technical Regulations ........................................................................... 5 Section 2.16 – Authentication and Recording; Codification; Printing....................................... 5 & 6 ARTICLE IIA – CITY MANAGER ............................................................................................................. 6 Section 2A.01 – Appointment; Qualifications; Compensation ....................................................... 6 Section 2A.02 – Removal ............................................................................................................ 6 Section 2A.03 – Acting City Manager .......................................................................................... 6 Section 2A.04 – Powers and Duties of City Manager ............................................................. 6 & 7 ARTICLE III – DEPARTMENTS, OFFICES AND AGENCIES ................................................................... 7 Section 3.01 – General Provisions............................................................................................... 7 Section 3.01(b) – Supervision .................................................................................................... 7 Section 3.02 – Legal Officer ........................................................................................................ 8 ARTICLE IV – FINANCIAL PROCEDURES ............................................................................................. 8 Section 4.01 – Fiscal Year........................................................................................................... 8 Section 4.02 – Submission of Budget and Budget Message ........................................................ 8 Section 4.03 – Budget ................................................................................................................. 8 Section 4.04 – City Council Action on Budget .............................................................................. 8 Section 4.05 – Appropriation and Revenue Ordinances ......................................................... 8 & 9 Section 4.06 – Amendments After Adoption ................................................................................ 9 Section 4.07 – Lapse of Appropriation ......................................................................................... 9 Section 4.08 – Administration of Budget ...................................................................................... 9 Section 4.09 – Overspending of Appropriations Prohibited .................................................. 9 & 10 Section 4.10 – Public Records................................................................................................... 10 ARTICLE V – ELECTIONS .................................................................................................................... 10 Section 5.01 – City Elections ..................................................................................................... 10 Section 5.02 – Initiative and Referendum .................................................................................. 10 ARTICLE VI – BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL ........ 10 Section 6.01 – Management and Control of Brookings Municipal Utilities and Brookings Municipal Hospital ................................................................ 10 & 11 ARTICLE VII – GENERAL PROVISIONS ............................................................................................... 11 Section 7.01 – Conflicts of Interest, Board of Ethics ................................................................... 11 Section 7.02 – Prohibitions ................................................................................................ 11 & 12 ARTICLE VIII – CHARTER AMENDMENT ............................................................................................. 12 Section 8.01 – Proposal of Amendment ..................................................................................... 12 Section 8.02 – Election.............................................................................................................. 12 Section 8.03 – Adoption of Amendment ..................................................................................... 12 ARTICLE IX – TRANSITION/SEPARABILITY PROVISION .................................................................... 13 Section 9.01 – Officers and Employees ..................................................................................... 13 Section 9.02 – Departments, Offices and Agencies ................................................................... 13 Section 9.03 – Pending Matters ................................................................................................. 13 Section 9.04 – State and Municipal Laws .................................................................................. 13 Section 9.05 – Schedule ........................................................................................................... 14 Section 9.06 – Separability ........................................................................................................ 15 1 05-23-2006 Amended PREAMBLE We the people of the City of Brookings, in order to establish a more representative and effective city government, do adopt this Charter in accordance with the Home Rule power granted in Article IX, Section 2 of the South Dakota Constitution and the procedural requirements of SDCL Chapter 6-12. ARTICLE I POWERS OF THE CITY Section 1.01 – Powers of the City. The City shall have all powers possible for a city to have under the Constitutions of this State and of the United States. It is the intention of this Charter to confer upon the City every power it may have under law, as fully and completely as though the power was specifically mentioned. Section 1.02 – Construction. This Charter shall be construed liberally in favor of the City and the specific mention of particular municipal powers in other sections of this Charter does not limit the powers of the City to those so mentioned. Section 1.03 – Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one (1) or more states or any state division or agency, or the United States or any of its agencies or any township, county or municipality. The City retains and reserves its right to Joint Exercise of Governmental Powers as set forth in SDCL Title 1. Further, the City adopts and ratifies each and every contract and agreement entered into by virtue of that power under any prior City organization or form of government. Section 1.04 – Limitations. Nothing in this Charter shall be construed to permit the City to do any of the following: 1. Levy a personal or corporate income tax, 2. Issue more liquor licenses, 3. Permit increased gaming, or 4. Incur additional debt, unless and except to the extent otherwise authorized to any City established as a SDCL Title 9 authorized form of City government. Section 1.05 – New Taxes. Any tax which is approved by the City Council may be submitted by the City Council to a vote of the people for approval or disapproval before it becomes effective. Any tax which is approved by the City Council may also be referred to a vote of the people by referendum for approval or disapproval. 2 05-23-2006 Amended ARTICLE II CITY COUNCIL Section 2.01 – General Powers and Duties. All powers of the City shall be vested in the City Council except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. The Council shall act as a part-time, policy making and legislative body, avoiding management and administrative issues which are hereafter assigned to a City Manager. Section 2.02 – Composition, Eligibility, Terms, Powers and Duties. a. Composition. There shall be a City Council composed of the Mayor and six (6) Council Members to be elected by the voters of the City at large. b. Eligibility. Only the registered voters of the City who have resided in the City for at least six months immediately prior to the date of election shall be eligible to hold the office of Council Member or Mayor. c. Terms. The terms of Council Members and the Mayor shall be for three (3) years following the completion of the terms as provided in Section 9.05. d. The Council by resolution shall establish the powers and the duties of the Council and of the Mayor in addition to those assigned by the Charter. Section 2.03 – Mayor. The Mayor shall have the powers and duties as a Council Member, including the power to vote, and in addition, shall preside at the meetings of the Council, represent the City in intergovernmental relationships, appoint with the advice and consent of the Council the members of citizen advisory boards, committees, and commissions, present an annual state of the City message, and perform other duties specified by the Council. The Mayor shall be recognized as head of the government for all ceremonial purposes and by the Governor for the purpose of military law. The Mayor shall have no administrative duties. The Council shall elect annually, from among its members, a Deputy Mayor who shall act as Mayor during the absence or the disability of the Mayor, or until a vacancy in the office of Mayor is filled. Section 2.04 – Compensation; Expenses. The initial annual salary for Council Members of the City Council shall be $3,600 and shall be $4,800 for the Mayor. The Council, by resolution approved by at least five Council Members, may increase the salaries of the Council Members and of the Mayor provided that no such resolution shall become effective until the date of commencement of the term of the Council Member or Mayor elected at the next regular election. The Mayor and Council Members shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05 – Prohibitions. (a) Holding Other Office. Except where authorized by law, no Council member shall hold any other elected public office during the term for which the member was 3 05-23-2006 Amended elected to the Council. No Council member shall hold any other City office or City employment during the terms for which the member was elected to the Council. No former Council member shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which the member was elected to the Council. Nothing in this section shall be construed to prohibit the Council from selecting any current or former Council member to represent the City on the governing board of any regional or intergovernmental agency. (b) Appointments and Removals. The City Council or any of its members shall not in any manner control or demand the appointment or removal of any City administrative officer or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint, however the Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officer or employee. (c) Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.09, the Council or its members shall deal with the City officers and employees who are subject to the direction and supervision of the 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. Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the person’s death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set forth in SDCL Title 9. (c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the Mayor or Council Member: 1. Lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law. 2. Violates any expressed prohibition in Section 7.02 of this Charter. 3. Fails to maintain residency within the city limits. 4. Is convicted of a felony. 5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during a fiscal year, or three consecutive regular meetings of the Council, without being excused by the Council. 4 05-23-2006 Amended (d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. Section 2.07 – Judge of Qualifications. The City Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The Council shall have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the Council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least 7 days in advance of the hearing. Decisions made by the Council under this section shall be subject to judicial review. Section 2.08 – Clerk. The City Council shall appoint an officer of the City who shall have the title of Clerk. The Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this Charter or by the Council or by state law. Section 2.09 – Investigations. The City Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the Council shall be a misdemeanor punishable by a fine and/or jail sentence to be established by resolution of the Council. Section 2.10 – Independent Audit. The City Council shall provide for an independent annual audit of all City accounts and may provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the Department of Legislative Audit makes such an audit, the Council may accept it as satisfying the requirements of this section. 5 05-23-2006 Amended Section 2.11 – Procedure. a. Meetings. The Council shall meet regularly at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of 4 or more members and, whenever practicable, upon no less than twenty-four (24) hours notice to each member. Except as allowed by state law, all meetings shall be public. b. Rules and Journal. The City Council shall conduct all meetings under the provisions of Roberts Rules of Order with the exception of any conflict with this Charter, City Ordinance, State or Federal statute, determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. c. Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the Charter or the preceding sentence and in Section 2.06, shall be valid or binding unless adopted by the affirmative vote of 4 or more members of the Council. Section 2.12 – Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which: 1. Adopt or amend an administrative code or establish, alter, or abolish any City department, office or agency; 2. Levy taxes; 3. Grant, renew or extend a franchise; 4. Regulate land use and development; 5. Amend or repeal any ordinance previously adopted; 6. Establish and regulate the conduct of elections; Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.13 – Ordinances and Resolutions in General. City ordinances and resolutions shall be introduced, published, enacted, recorded, and codified as provided in state law; however, the City Council may by ordinance amend such requirements. 6 05-23-2006 Amended Section 2.14 – Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the City Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in Section 4.06(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least 5 members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Section 4.06(b) shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.15 – Codes of Technical Regulations. The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: 1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance. 2. A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the City Clerk pursuant to Section 2.16(a). Copies of any adopted code of technical regulations shall be made available by the City Clerk for distribution or for purchase at a reasonable price. Section 2.16 – Authentication and Recording; Codification; Printing. a. Authentication and Recording. The City Clerk shall authenticate by signing and shall record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the City Council. b. Codification. Within three years after adoption of this Charter and at least every ten years thereafter, the City Council shall provide for the preparation of a general codification of all City ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or loose-leaf form, together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of South Dakota, and such codes of technical regulations and other rules and 7 05-23-2006 Amended regulations as the Council may specify. This compilation shall be known and cited officially as the Brookings City Code of Ordinances. Copies of the Code shall be furnished to City officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council. The term “City Council” or “Council” shall replace and mean the term “City Commission” or “Commission” in the Code of Ordinances. c. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the Council. Following publication of the first Brookings City Code of Ordinances and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or addition to the provisions of the Constitution and other laws of the State of South Dakota, or the codes of technical regulations and other rules and regulations included in the code. ARTICLE IIA CITY MANAGER Section 2A.01 – Appointment; Qualifications; Compensation. The City Council by the affirmative vote of four (4) or more members of the Council shall appoint a City Manager for an indefinite term and fix the manager’s compensation. The City Council shall conduct a review of the performance of the City Manager at least annually. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and professional employment experience as a city manager or assistant city manager. The Manager need not be a resident of the City or state at the time of appointment but may reside outside the City while in office only with the approval of the Council. Section 2A.02 – Removal. The City Manager may be suspended by a resolution approved by the affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen days in which to reply thereto in writing. The City Manager may request and shall be afforded a public hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager’s removal. After the public hearing, if one is requested, the City Council by the affirmative vote of four (4) of its total membership may adopt a final resolution of removal. The City Manager shall continue to receive full salary until the effective date of a final resolution of removal. Section 2A.03 – Acting City Manager. By letter filed with the City Clerk, the City Manager shall designate a City officer or employee to exercise the powers and perform the duties of City 8 05-23-2006 Amended Manager during the manager’s temporary absence or disability. The City Council may revoke such designation at any time and appoint another officer of the City to serve until the City Manager returns. Section 2A.04 – Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City, responsible to the Council for the administration of all city matters placed in the manager’s charge by or under this Charter. The City Manager shall: 1. Appoint and, when necessary in their discretion, suspend or remove all city employees and appointive administrative officers provided for by or under this Charter. The City Manager may authorize any administrative employee or officer subject to the manager’s direction and supervision to exercise these powers with respect to subordinates in that employee or officer’s department, office or agency; 2. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; 3. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion but shall not vote; 4. See that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the manager’s direction and supervision, are faithfully executed; 5. Prepare and submit the annual budget and capital program to the City Council; 6. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Manager deems desirable or the Council may require; 7. Submit updates annually on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the Council may require; 8. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; 9. Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to the City Manager’s direction and supervision; 10. Keep the City Council fully advised as to the financial condition and future needs of the City; 9 05-23-2006 Amended 11. Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, but no warrant shall be issued until the claim therefor has been approved by the City Council, except as may be otherwise provided by ordinance or resolution; 12. Be the personnel director of the City; 13. Make recommendations to the City Council concerning the affairs of the City; 14. Provide staff support services for the Mayor and Council members; and 15. Perform such other duties as are specified in this Charter or as may be required by the City Council. ARTICLE III Departments, Offices and Agencies Section 3.01 – General Provisions. a. Creation of Departments. The City Council may establish City departments, offices or agencies in addition to those created by this charter and may prescribe the function of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. Section 3.01 (b) – Supervision. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer or employee appointed by and subject to the direction and supervision of the City Manager. With the consent of Council, the City Manager may serve as the head of one or more of such departments, offices or agencies or may appoint one person as the head of two or more of such departments, offices or agencies. Section 3.02 – Legal Officer. There shall be a legal officer of the City appointed by the City Council. The legal officer shall serve as chief legal advisor to the Council and all City departments, offices and agencies; shall represent the city in all legal proceedings and shall perform any other duties prescribed by state law, by this Charter or by ordinance. Section 3.03 - Copying of Public Records. Any officer or public servant required to keep or preserve any record, document, or other instrument subject to the provisions of SDCL 1-27-1 shall keep the records open to inspection and copying by any person during normal business hours. A reasonable fee established by the City Manager may be charged for copying the record. 10 05-23-2006 Amended ARTICLE IV Financial Procedures Section 4.01 – Fiscal Year. The fiscal year of the City shall begin on the first day of January and end on the last day of December. Section 4.02 – Submission of Budget and Budget Message. On or before the first day of August of each year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message. Section 4.03 – Budget. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Council may require. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the current fiscal year. It shall indicate in separate sections: 1. The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organization unit, and program, purpose or activity, and the method of financing such expenditures. 2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund by organization unit when practicable, and the proposed method of financing each such capital expenditure. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus the fund balance carried forward, exclusive of reserves. Section 4.04 – City Council Action on Budget. a. Budget Hearings. The City Council may schedule public hearings at appropriate times and may direct changes in the City Manager’s proposed budget. b. Adoption. The City Council shall adopt the final budget on or before the 30th day of September of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the City Manager shall go into effect. Section 4.05 – Appropriation and Revenue Ordinances. To implement the adopted budget of the ensuing fiscal year, the City Council: a. Shall, no later than its first regular meeting in September of each year or within 10 days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful 11 05-23-2006 Amended expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than the last day of December of each year. b. Shall adopt any other ordinances required to authorize new revenues or to amend the rates or other features of existing taxes or other revenue sources. Section 4.06 – Amendments After Adoption. a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. b. Emergency Appropriations. To meet a public emergency affecting life, health, property, or the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2.14. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. c. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the City Manager, shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Council and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations. d. Transfer of Appropriations. At any time during the fiscal year the City Council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for other departments or major organizational units. The City Manager may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the Council in writing prior to the next Council meeting. 12 05-23-2006 Amended e. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 4.07 – Lapse of Appropriations. Every appropriation shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. Section 4.08 – Administration of Budget. The City Council shall provide by ordinance the procedures for administering the budget. Section 4.09 – Overspending of Appropriations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or the City Manager’s designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payments made illegal. A violation of this provision shall be cause for removal of any employee or officer who knowingly authorized or made such payment or incurred such obligation. Such employee or officer may also be liable to the City for any amount so paid. Except where prohibited by law, however, nothing in this Charter shall be construed to prevent the making of improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance. Section 4.10 – Public Records. Copies of the budget, and appropriation and revenue ordinances shall be public records and shall be made available to the public at suitable places in the City. ARTICLE V Elections Section 5.01 – City Elections. a. Regular Elections. The regular city election shall be held at the time established by state law or as established by ordinance of the City Council. b. Registered Voter Defined. All citizens legally registered under the Constitution and laws of the State of South Dakota to vote in the City shall be registered voters of the City within the meaning of this Charter. 13 05-23-2006 Amended c. Conduct of Elections. The provisions of the general election laws of the State of South Dakota shall apply to elections held under this Charter or as set forth in any ordinance adopted by the City Council. All elections provided for by this Charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of City elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt ordinances consistent with law and this Charter, and the election authorities may adopt further regulations consistent with law and this Charter and the ordinances of the Council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of City ordinances generally. Section 5.02 – Initiative and Referendum. The powers of initiative and referendum are hereby reserved to the electors of the City. The provisions of the election law of the State of South Dakota, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter. ARTICLE VI Brookings Municipal Utilities and Brookings Municipal Hospital Section 6.01 a. Management and Control of Brookings Municipal Utilities. The management and control of the Brookings Municipal Utilities is vested in the Utility Board as established by a vote of the Brookings city voters on April 14, 1970. The Utility Board may take any and all action it deems advisable in the furtherance of any utilities or enterprises now existing or hereafter acquired under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. b. Management and Control of Brookings Municipal Hospital. The management and control of the Brookings Municipal Hospital is vested in a Hospital Board as established by Chapter 18 of the Code of Ordinances of the City of Brookings. The Hospital Board may take any and all action it deems advisable in the furtherance of the hospital or its related facilities under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. 14 05-23-2006 Amended ARTICLE VII General Provisions Section 7.01 – Conflicts of Interest; Board of Ethics. a. Conflicts of Interest. The use of public office for private gain is prohibited. The City Council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official, the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. The appearance of impropriety shall be avoided. Municipal officials shall be, at a minimum, restricted from conflict of interest to the same extent that state public officials are bound by state law; provided however, that the City Council may adopt an ordinance setting a stricter standard. Section 7.02 – Prohibitions. a. Activities Prohibited. 1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, sexual orientation, age, handicap, religion, country of origin, or political affiliation. 2. No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. 3. No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with any test, appointment, proposed appointment or proposed promotion. 4. No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription, or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee. 5. No city employee shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any City office. The expression of private or personal views concerning candidates for political office is not prohibited hereby. 15 05-23-2006 Amended Violation of this section shall be grounds for discharge or other disciplinary action. b. Penalties. Any violation of this section shall be sufficient cause for the suspension, demotion, or termination of the employment of any City employee found to be in violation of this section. The City Council shall establish by ordinance such further penalties as it may deem appropriate. ARTICLE VIII Charter Amendment Section 8.01 – Proposal of Amendment. Amendments to this Charter may be framed and proposed: a. In the manner provided by law, or b. By ordinance of the City Council containing the full text of the proposed amendment (except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot be so amended) and effective upon adoption, or c. By report of a charter commission created by ordinance, or d. By the voters of the city, when any 15 qualified voters initiate proceedings to amend the Charter by filing with the City Clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed charter amendment. Promptly after the affidavit of the petitioners’ committee is filed, the Clerk shall issue the appropriate petition blanks to the petitioners’ committee. The petitions shall contain or have attached thereto throughout their circulation the full text of the proposed charter amendment and must be signed by registered voters of the City in the number of at least ten percent of those individuals actually voting in the City in the preceding gubernatorial election. Section 8.02 – Election. Upon delivery to other City election authorities of the report of a charter commission pursuant to Section 8.01(c) or delivery by the City Clerk of an adopted ordinance proposing an amendment pursuant to Section 8.01(b) or a petition finally determined sufficient to propose an amendment pursuant to Section 8.01(d), the election authorities shall submit the proposed amendment to the voters of the City in an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the City at least 30 days prior to the date of the election. If the amendment is proposed by petition, the amendment may be withdrawn at any time prior to the 13th day preceding the day scheduled for the election by filing with the City Clerk a request for withdrawal signed by at least two-thirds of the members of the petitioners’ 16 05-23-2006 Amended committee. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the City Council shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be as specified in the state election law. Section 8.03 – Adoption of Amendment. If a majority of the registered voters of the City voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment, or if no time is therein fixed, 30 days after the initial canvas certifying its adoption by the voters. ARTICLE IX Transition/Separability Provision Section 9.01 – Officers and Employees. a. Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. b. Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter or any amendment thereof takes full effect a City administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he or she vacate the office or position. c. Personnel System. An employee holding a city position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in Article III. Section 9.02 – Departments, Offices and Agencies. a. Transfer of Powers. If a City department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated in this charter or, if the charter makes no provision, designated by the City Council. b. Property and Records. All property, records and equipment of any department, office or agency existing when this Charter or any amendment thereof is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or 17 05-23-2006 Amended in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the City Council in accordance with this Charter. Section 9.03 – Pending Matters. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the City department, office or agency appropriate under this Charter. Section 9.04 – State and Municipal Laws. a. In General. All City ordinances, resolutions, orders and regulations which are in force when this amended Charter becomes effective shall continue except any ordinance is repealed to the extent it is inconsistent with this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitution and laws of the State of South Dakota permit, all laws relating to or affecting this City or its agencies, officers or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. Section 9.05 – Schedule. a. Transition and Election Schedule. Three (3) members of the City Council and the Mayor shall be elected at the regular city election in 2003, with two (2) members of the City Council elected to serve until the regular city election in 2004, after which the three (3) year terms of their successors shall begin, and one (1) member and the Mayor elected to serve until the regular city election in 2006 after which the three (3) year terms of their successors shall begin. Three (3) members of the City Council shall be elected at the regular city election in 2005, with one (1) member of the City Council elected to serve until the regular city election in 2006, after which the three (3) year term of their successor shall begin, and two (2) members elected to serve until the regular city election in 2008 after which the three (3) year terms of their successors shall begin. At the regular city election in 2006 and thereafter vacancies shall be filled for three year terms with regular city elections being held annually. b. Temporary Ordinances. In adopting ordinances as provided in Section 9.05(c), the City Council shall follow the procedures prescribed in Article II, except that at its first meeting or any meeting held within 60 days after the first City Council meeting of this Charter, the Council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective city government. 18 05-23-2006 Amended Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the 91st day following the date on which it was adopted, renewed or otherwise continued except by adoption in the manner prescribed in Article II of this Charter for ordinances of the kind concerned. c. Initial Expenses. The initial expenses of the City Council, including the expense of recruiting a City Manager, shall be paid by the City on warrants signed by the Mayor and Clerk. Section 9.06 – Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. 19 05-23-2006 Amended Amendments • May 23, 2006 – City Council approved Ordinance No. 17-06, an Ordinance Amending Section 7.02 of the Charter of the City of Brookings, SD, and pertaining to Prohibited Discrimination of the City of Brookings, SD. 20 05-23-2006 Amended Resolutions • December 14, 2010 – City Council approved Resolution No. 110-10, a Resolution establishing Special Meeting Compensation for Council Members of the City of Brookings. (see attached Resolution) • April 24, 2012 – City Council approved Resolution No. 69-12, a Resolution Revising Compensation for the Mayor and Council Members of the City of Brookings. (see attached Resolution) City Council Policy – CC#204 Updated 2024 City Council Code of Ethics The mayor and council are responsible for making policy decisions for the community. The City Council provides vision, direction and leadership to the community and the organization. The City Council further represents the Brookings Community. In order to maintain and enhance public trust and confidence in our local government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for residents of Brookings, the members of the City Council dedicate themselves to the stewardship of the public trust. Therefore, Council Members embrace the following ideals, seeking to: Uphold constitutional government and the laws of the City of Brookings by recognizing they are an agent for the democratic process and not a sole individual representing the City Council; • Conduct public and private life as to be an example for fellow citizens and take responsibility for their actions, even when it is uncomfortable or unpopular to do so; • Be mindful of their neutrality and impartiality, rendering equal service to all and to extend the same treatment they wish to receive; • Abstain from participation and voting when a conflict of interest exists in accordance with the Brookings City Charter, Section 7.01 (a) Conflicts of Interest provision and Ordinance 2-63; • Be tolerant, respectful, and attentive to diverse ideas, suggestions and opinions; • Maintain and respect the confidentiality of private and confidential information; • Treat all persons, claims, and transactions in a fair and equitable manner; • Attend and be actively engaged in regular and special meetings, including briefings, and public functions where their presence is expected and be prepared in the execution of such; • Be a prudent steward of public resources, and actively consider the impact of their decisions on the financial and social stability of the City and its citizens; • Make decisions based on the merits of the issue with attention to due process and citizen participation; • Be knowledgeable and develop an understanding of local, state, and national governmental guidance, directives, regulations and ordinances pertaining to the position. • Be prepared to make unpopular decisions based on their interpretation of the public’s best interest. • Make decisions and recommendations based upon research and facts involving staff and stakeholders which considers the goals, impacts and the best interest of the greatest number of those affected. It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics from all its Council members. Brookings Council members shall maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants including the appearance of impropriety, and never use their city position or powers for improper personal gain. The code of ethical behavior will govern members of the City Council. City Council members are encouraged to monitor their compliance and offer constructive recommendations to fellow Council members if necessary. Members of the City Council will accept these ideals and policy, and pledge to do in the interest and purposes for which the government has been established. Date Signature Bonnie Foster, City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 605.692.6281 bfoster@cityofbrookings-sd.gov March 14, 2025 FOR IMMEDIATE RELEASE APPLICATIONS FOR BROOKINGS CITY COUNCIL MEMBER The City of Brookings is now accepting applications for the City Council Member position which was vacated by Council Member Andrew Rasmussen, who resigned from the City Council, effective February 28, 2025. The appointment term would be from May 1, 2025 – April 30, 2026. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. Applications are available on the city website (www.cityofbrookings- sd.gov/citycouncil ) or at the City Clerk’s Office, 520 3rd Street, Suite 230, Brookings, SD 57006, (605) 692-6281. The completed application and other required documents must be submitted to the City Clerk’s Office no later than 5:00 p.m. on Friday, April 4th. All applicants will be invited to attend the April 15th City Council Study Session at 5:30 p.m. to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment at the April 22nd City Council Meeting. --END-- Applicant Information Name: First Middle Last Address: Street City State ZIP Code Phone: (work) (cell) (home) Email: Employer: Occupation: Is your residence located within the city limits of Brookings? □ YES □ NO Are you a registered voter in the City of Brookings? □ YES □ NO How long have you been a resident of Brookings? 1. Please list relevant education or training: Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 bfoster@cityofbrookings-sd.gov 2. Work experience: 3. Community Volunteer Service: 4. I would like to serve as a City Council Member because: 5. Any other information you feel is important to the City Council Members as it considers your appointment for City Council: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Email: bfoster@cityofbrookings-sd.gov www.cityofbrookings-sd.gov/citycouncil Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until 5:00 p.m. on Friday, April 4th. All applicants will be invited to attend the 5:30 p.m. April 15th City Council Study Session to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur at the April 22nd City Council Meeting. Thank you for applying! Proposed Process and Timeline February 25 Council Member Rasmussen’s resignation received -- effective February 28, 2025 March 11 City Council Meeting -- discussion on the vacancy process March 14 Press Release posted – call for applications April 4 Deadline to submit an Application April 8 Municipal Election Day April 9 Applicants vetted to insure they meet requirements:  Resident of the City of Brookings (a minimum of 6 months)  Registered Voter in City of Brookings (Precincts 1-6) April 15 City Council Study Session – applicants provide comments to City Council April 22 Possible action to appoint City Council Member May 13 New Council Member takes Oath of Office City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0189,Version:1 City of Brookings Progress Report. Summary: Samantha Beckman, Assistant to the City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 4/17/2025Page 1 of 1 powered by Legistar™