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Home My WebLink About2025_04_15 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 Chambers5:00 PMTuesday, April 15, 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. 5:00 PM ELECTION CANVASS Location: Community Room Canvass of Election Results for the April 8, 2025 Municipal Election.ID 25-0170 Memo Election Canvass Vote Center 1 - Tabulator Report Vote Center 1 - Recap Sheet Vote Center 2 - Tabulator Report Vote Center 2 - Recap Sheet Vote Center 3 - Tabulator Report Vote Center 3 - Recap Sheet Vote Center 4 - Tabulator Report Vote Center 4 - Recap Sheet Vote Center Early-Absentee - Tabulator Report Vote Center Early-Absentee - Recap Sheet Grand Total - Tabulator Report Attachments: 5:30 PM SPECIAL STUDY SESSION 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. Page 1 City of Brookings April 15, 2025City Council Meeting Agenda - Final 3. Action to approve the agenda. Discussion with applicants for the vacant City Council member position.ID 25-01724. Memo Process and Timeline Press Release Application Code of Ethics City Charter City Council Policy #205 – City Council Vacancy Attachments: 6:30 PM REGULAR MEETING (The regular meeting will not begin before 6:30 p.m.) 5. 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. 6. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Action to approve City Council meeting minutes.ID 25-01586.A. 3/25/2025 MinutesAttachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 25-01606.B. Memo SDCL 35-4-124 Attachments: Action on Resolution 25-028, a Resolution Canvassing the April 8, 2025 Municipal Election. RES 25-0286.C. Page 2 City of Brookings April 15, 2025City Council Meeting Agenda - Final Memo Resolution Attachments: 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. RES 25-0126.D. Memo Resolution Operating Agreement Location Map Attachments: 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. RES 25-0166.E. Memo Resolution Operating Agreement Map Attachments: Action on Resolution 25-024, a Resolution Awarding the Bid for Portable Litter Control Fences. RES 25-0246.F. Memo Resolution Exhibit Attachments: 7. Presentations/Reports: Report: SDSU Student Association.ID 25-01717.A. Reports: City Council Ex-Officio ReportsID 25-01697.B. Update: Downtown FireID 25-01767.C. 8. Naming Request: Action on Resolution 25-033, a Resolution Authorizing Naming the Fire Training Tower in the City of Brookings. RES 25-0338.A. Page 3 City of Brookings April 15, 2025City Council Meeting Agenda - Final Memo Resolution Naming Request City Council Policy #303 - Naming Rights Policy Sign Brookings Volunteer Fire Fighters Attachments: Action: Motion, Request Public Comment, Roll Call 9. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Introduction and First Reading 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. ORD 25-0119.A. Memo Ordinance - clean Ordinance - marked Attachments: 10. Public Hearings and Second Readings: Public Hearing and Action 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. RES 25-03210.A. Memo Resolution Legal Notice List of Affected Properties Location Map Attachments: Action: Motion, Open & Close Public Comment, Roll Call 11. Other Business: Action on Resolution 25-035, a Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota. RES 25-03511.A. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call Page 4 City of Brookings April 15, 2025City Council Meeting Agenda - Final Action on Resolution 25-031, a Resolution Authorizing the Acquisition of Real Property for 20th Street South / 22nd Avenue South Intersection Improvements. RES 25-03111.B. Memo Resolution Plat Attachments: Action: Motion, Request Public Comment, Roll Call 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. Executive Session, pursuant to SDCL 1-25-2.1, for the purpose of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. ID 25-017913. Action: Motion to enter Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 14. 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 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0170,Version:1 Canvass of Election Results for the April 8, 2025 Municipal Election. Summary: The Brookings City Council will conduct the official canvass of the April 8, 2025 Municipal Election. Attachments: Memo Canvass Sheet Vote Center 1 - Tabulator Report Vote Center 1 - Recap Sheet Vote Center 2 - Tabulator Report Vote Center 2 - Recap Sheet Vote Center 3 - Tabulator Report Vote Center 3 - Recap Sheet Vote Center 4 - Tabulator Report Vote Center 4 - Recap Sheet Vote Center Early-Absentee - Tabulator Report Vote Center Early-Absentee - Recap Sheet Grand Total - Tabulator Report City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 15, 2025 Subject: Election Canvass: April 8th Municipal Election Presenter: Bonnie Foster, City Clerk Summary: The Brookings City Council will conduct the official canvass of the April 8, 2025 Municipal Election. Item Details: The combined Municipal / School Board Election was held April 8, 2025 at 4 different Vote Centers in the City of Brookings, and Aurora, SD. Early-Absentee Voting was held March 24 – April 7, 2025 in the lobby of the City & County Government Building. Attached are the canvassing documents for the April 8, 2025 Municipal Election. As the official Election Canvass Board, the City Council is charged with the following responsibilities: 1. Review the vote center returns to verify they are genuine and not forged. 2. Review and compare each Vote Center Recap Sheet with the corresponding Tabulator Report. 3. Approve the canvassing and tabulating of the April 8, 2025 Municipal Election returns and declare the final election results. 4. Sign and approve the official Canvass Sheet. 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: The combined Municipal / School Board Election will have election expenses split 50/50 between the City of Brookings and Brookings School District 5.1. Supporting Documentation: Canvass Sheet Vote Center 1 - Tabulator Report Vote Center 1 - Recap Sheet Vote Center 2 - Tabulator Report Vote Center 2 - Recap Sheet Vote Center 3 - Tabulator Report Vote Center 3 - Recap Sheet Vote Center 4 - Tabulator Report Vote Center 4 - Recap Sheet Vote Center Early-Absentee - Tabulator Report Vote Center Early-Absentee - Recap Sheet Grand Total - Tabulator Report OFFICIAL CANVASS APRIL 8, 2025 – MUNICIPAL ELECTION CITY OF BROOKINGS, SOUTH DAKOTA STATE OF SOUTH DAKOTA ) ) SS COUNTY OF BROOKINGS ) We, Oepke Niemeyer, Wayne Avery, Brianna Doran, Bonny Specker, Holly Tilton Byrne, and Nick Wendell appointed as the Board of Canvassers because of our positions on the governing board in the jurisdiction of the City of Brookings for the Municipal Election held on the 8th day of April, 2025, hereby certify that the foregoing is a true abstract of the votes cast in the jurisdiction of Brookings at the election as shown by the returns certified to the person in charge of the election. Dated at Brookings, South Dakota, this 15th day of April, 2025. Oepke G. Niemeyer Wayne Avery Brianna Doran Nick Wendell Bonny Specker Holly Tilton Byrne Sworn to before me this 15th day of April, 2025. Bonnie Foster, City Clerk 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 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 25-0172,Version:1 Discussion with applicants for the vacant City Council member position. Summary: The following Brookings residents have applied for the vacant Brookings City Council member position. ·Al Austreim ·Larry Ayres ·Eric Griggs ·Lisa Hager ·Michael Lambertus ·Hannah Markley ·Blake Stevens ·Zeno Wicks The applicants were invited to this Study Session to provide additional information and respond to questions. The City Council is proposed to vote on the appointment at the April 22, 2025 City Council meeting. Attachments: Memo Process and Timeline Press Release Application Code of Ethics City Charter City Council Policy #205 - City Council Vacancy City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: May 15, 2025 Subject: City Council Vacancy Presenter(s): Bonnie Foster, City Clerk Steve Britzman, City Attorney Summary: A call for Applications to fill the Vacant City Council Seat was posted March 14th. Deadline for Applications was April 4th. This item is presented at a Study Session to allow discussion for the selection and appointment to fill the City Council vacancy. Item Details: A City Council member vacancy was created when Council Member Andrew Rasmussen submitted his resignation effective February 28, 2025. T he 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 (April 2026), with the appointed term expiring on April 30, 2026. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. 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. 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. The appointment process is further defined in City Council Policy #205 – Vacancies. The applicants were invited to this Study Session to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment at the April 22, 2025 City Council meeting. Applications have been received by the following individuals:  Al Austreim  Larry Ayres  Eric Griggs  Lisa Hager  Michael Lambertus  Hannah Markley  Blake Stevens  Zeno Wicks Supporting Documentation: Process and Timeline Press Release Application Code of Ethics City Charter City Council Policy #205 - Vacancies 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 10 Press Release posted naming the applicants 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 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! 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 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: May 23, 2006 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) Resolution No. I I 0-1 0 Resolution Establishing Special Meeting Compensation for Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that for each special meeting of the City Council, the Council Members shall be paid a stipend of $75.00, in addition to the annual compensation as established in Section 2.04 of the City Charter. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 20 I I. Passed and approved on the 14'h day of December, 20 I 0. CITY OF BROOKINGS Tim Reed, Mayor Resolution No. 69-12 Resolution Revising Compensation for the Mayor and Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that the annual salary for Council Members of the City Council shall be $7,200 and shall be $9,600 for the Mayor. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 2012. Passed and approved on the 24th day of April, 20 12. CITY OF BROOKINGS Tim Reed, 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 25-0158,Version:1 Action to approve City Council meeting minutes. Attachments: 03/25/2025 City Council Minutes City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL March 25, 2025 (unapproved) The Brookings City Council held a joint meeting with the County Commission on Tuesday, March 25, 2025 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Brianna Doran, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Mayor Niemeyer, seconded by Council Member Tilton Byrne, to amend the agenda to add to the Consent Agenda, action to add a Special City Council Meeting on April 10th to meet with the City Attorney Services applicants. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the agenda be approved, as amended. The motion carried by the following vote: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, 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 11, 2025 City Council Minutes and the March 17, 2025 Board of Equalization 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 TL25-032, SDSU TL25-033, and SDSU TL25-034. C. Action on Resolution 25-022, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Yessica’s Restaurant, Edwin Alvarez, owner. RESOLUTION 25-022 - YESSICA’S RESTAURANT WINE ON-SALE ALCOHOLIC BEVERAGE OPERATING AGREEMENT - 5-YEAR MID-TERM RENEWAL BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the On -Sale Wine Alcoholic Beverage Management Agreement between the City of Brookings and Yessica’s Restaurant, Edwin Alvarez, owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 1300 Main Ave. So.: legal description: Lot 1 excluding the South 92-feet of the West 40-feet, Block 3, Fishback Second Addition. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining five (5) years of the ten (10) year agreement. D. Action on various Volunteer Board appointments: Park & Recreation Board: appoint Paul Term (term expires 5/1/2027); Human Rights Commission: appoint Estela Jeffcoat (term expires 1/1/2027), and appoint Elena Friedman as the College Student Representative (term expires 5/1/2025); Historic Preservation Commission: appoint Audra Fullerton (term expires 1/1/2028). Presentation: “I Voted” Sticker Design Contest Winners. Mayor Niemeyer and Bonnie Foster, City Clerk, presented Certificates of Award to Elementary Winner, 2nd Grader Ruby Yseth, and Intermediate School Winner, 4th Grader Elliott Ahmann. “I Voted” Stickers with the winning designs will be available for the April 8 th Election. Proclamation: Developmental Disabilities Awareness Month. Mayor Niemeyer presented a proclamation declaring March 2025, as Developmental Disabilities Awareness Month. Mark Sternhagen, member of the Brookings Disability Awareness Committee accepted the Proclamation. MAYORAL PROCLAMATION WHEREAS, developmental disabilities are often present as early as birth in those impacted, and endure across the lifespan of a person; and WHEREAS, disability is a natural part of the human experience that does not diminish the right of individuals to enjoy self -determination and experience full inclusion; and WHEREAS, family, friends, and the community can play an important role in enhancing the lives of individuals with disabilities, especially when provided with necessary services and supports; and WHEREAS, the goals of our community include providing individuals with disabilities the opportunities and support to achieve full integration in society, in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities, and capabilities of each individual; and WHEREAS, through increased awareness of programs and activities, the public will better understand the potential and needs of individuals with disabilities. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim March 2025, as Developmental Disabilities Awareness Month, and call upon the people of Brookings to recognize this special observance. Report: SDSU Student Association. Claire Koenecke, SDSU Student’s Association Government Affairs Chair, provided an update on SDSU current affairs. Presentation: 2025 Stormwater Incentive Program. Sean Doremus, Engineering Technician, provided an update on the City's 2025 Stormwater Incentive Program: Rain Barrels, Native Plants, and Rain Gardens. Resolution 25-023. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 25-023, a Resolution Awarding the Contract for the Slurry Seal Project, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-023 - RESOLUTION AWARDING THE CONTRACT FOR THE SLURRY SEAL PROJECT WHEREAS, the Public Works Department requests action to award a contract for Slurry Seal, utilizing City of Sioux Falls Bid #25-1011 Surface Treatment Program – Slurry Seal for Sioux Falls and Surrounding Communities; and WHEREAS, Asphalt Surface Technologies Corporation from Saint Joseph, Minnesota was identified by the City of Sioux Falls as the lowest responsive bidder; and WHEREAS, the City of Brookings adopted 2025 Budget includes sufficient appropriations in fund 213 (Capital Improvement Plan Infrastructure Maintenance) of $1,300,000.00. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City of Brookings contract with Asphalt Surface Technologies Corp, in the amount of $1,203,814.04 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. Resolution 25-026. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 25-026, a Resolution Awarding the Contract for the Landfill Force Main Construction Project, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-026 - RESOLUTION AWARDING THE CONTRACT FOR THE LEACHATE FORCE MAIN CONSTRUCTION WHEREAS, the 2023 Solid Waste Master Plan recommends constructing a leachate force main from the Brookings Regional Landfill to the Brookings Municipal Utilities sanitary sewer; and WHEREAS, the City opened bids for the Leachate Force Main Construction Project on Tuesday, March 4, 2025 at 1:30 pm; and WHEREAS, Metro Construction Inc., headquartered in Tea, SD, submitted the lowest responsive bid; and WHEREAS, the amended 2025 Budget includes sufficient appropriations in fund 625 - Solid Waste Disposal of $3,000,000.00. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The low bid of $2,591,403.76 from Metro Construction Inc. is hereby accepted. 2. The City Manager is authorized to sign the contract and any necessary change orders in accordance with procurement requirements. Ordinance 25-009. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 25-009, an Ordinance Authorizing Budget Amendment No. 10 to the 2024 Budget, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. Ordinance 25-010. A public hearing was held on Ordinance 25-010, an Ordinance Amending Chapter 38 - Floods, of the Code of Ordinances of the City of Brookings, and Pertaining to the Flood Prevention and Regulations. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 25-010 be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. Resolution 25-027. A public hearing was held on Resolution 25 -027, a Resolution to Annex the West Half of the Northeast Quarter, Excluding Platted Areas in Section 20, Township 110 North, Range 49 West and Excluding Land North of US Highway 14 in Brookings County, South Dakota. A motion was made by Council Member Specker, seconded by Council Member Wendell, that Resolution 25-027 be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-027 - RESOLUTION TO ANNEX THE WEST HALF OF THE NORTHEAST QUARTER, EXCLUDING PLATTED AREAS IN SECTION 20, TOWNSHIP 110 NORTH, RANGE 49 WEST AND EXCLUDING LAND NORTH OF US HIGHWAY 14 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: The West Half of the Northeast Quarter, Excluding Platted Areas in Section 20, Township 110 North, Range 49 West and Excluding Land North of US Highway 14 in Brookings County, South Dakota; and WHEREAS, the aforementioned land is contiguous to the present boundaries of the City of Brookings; and WHEREAS, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforementioned property and 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 March 18, 2025 pursuant to South Dakota Codified Law 9-4-5 and has approved, by Resolution 25-19, 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. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City’s initiatives and projects. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, to enter into Executive Session at 6:45 p.m., pursuant to SDCL 1-25-2.3, for the purpose of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and SDCL 1-25-2.5, for the purpose of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business.. The motion carried by a unanimous vote. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to exit Executive Session at 7:23 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 7:23 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 25-0160,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 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 15, 2025 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the lice nse holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on -sale alcoholic beverage license. 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 TL25-035: July 1, 8, 15, 22, 29, 2025 – Anderson Plaza Summer Performance Series (SD Art Museum)  SDSU TL25-036: April 26, 2025 – Annual Athletics Banquet (Sanford Jackrabbit Athletic Complex)  SDSU TL25-037: July 24, 2025 – OLPAC Volunteer Banquet (Oscar Larson Performing Arts Center)  SDSU TL25-038: June 28, 2025 – First Bank & Trust Employee Appreciation Event (First Bank & Trust Arena)  SDSU TL25-039: July 12, 2025 – Conference (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 #:RES 25-028,Version:1 Action on Resolution 25-028, a Resolution Canvassing the April 8, 2025 Municipal Election. Summary: Staff recommends approval of the proposed Resolution approving the official canvass returns for the April 8, 2025 Municipal Election. Attachments: Memo Resolution City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 15, 2025 Subject: Resolution 25-028: approving the April 8th Municipal Election Canvass Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of the proposed Resolution approving the official canvass returns for the April 8, 2025 Municipal Election. Item Details: The combined Municipal / School Board Election was held April 8, 2025 at 4 different Vote Centers in the City of Brookings, and Aurora, SD. Early-Absentee Voting was held March 24 –-April 7, 2025 in the lobby of the City & County Government Building. The City Council held the official canvass at 5:00 p.m. on April 15 th. The proposed Resolution will approve the official canvas returns for the April 8th Municipal Election. 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: The combined Municipal / School Board Election will have election expenses split 50/50 between the City of Brookings and Brookings School District 5.1. Supporting Documentation: Resolution 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.) 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 Passed and Approved this 15th 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 #:RES 25-012,Version:1 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. Summary: The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. The original 10-year Agreement was entered into May 2019. Staff recommends approval. Legal description: Lots 1 and 2, Block 1, Snyder’s Addition. Attachments: Memo Resolution Operating Agreement Map City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 15, 2025 Subject: Resolution 24-012: 5-year midterm Liquor Operating Agreement renewal Presenter: Bonnie Foster, City Clerk Summary and Recommendation: MG Oil Company, dba The Lanes, Marilyn Erickson and Troy Erickson, owners is at the 5-year mid-term renewal for the 10-year Operating Agreement for the On-Sale Liquor License, issued in 2020. Staff recommends approval. Item Details: The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. The original 10- year Agreement was entered into May 2020. MG Oil Company, dba The Lanes, Marilyn Erickson and Troy Erickson, owners , have no alcohol compliance check failures since 2022. Approval would allow the City Manager to enter in the remaining 5 years of the 10 -year Operating Agreement for the On-Off Sale Wine License issued in 2020. Legal Consideration: None. Strategic Plan Consideration: Service and Innovation Excellence – provide a review and renewal of an alcohol license for an existing operating agreement holder. Financial Consideration: None. Supporting Documentation: Resolution Operating Agreement Location Map 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. 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. Passed and Approved this 15th day of April, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT – 5-year mid-term renewal The Lanes THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and MG Oil Company, dba The Lanes, Marilyn Erickson and Troy Erickson, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lots 1 and 2, Block 1, Snyder’s Addition, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off - Sale establishment. V. This Agreement constitutes a renewal of the current Operating Agreement and shall be in full force and effect for a period of five (5) years. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off -Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on a lcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supersede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledge s, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State la ws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 15th day of April, 2025. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: Brookings County, SD Developed by Parcel ID 405800010000200 Sec/Twp/Rng -- Property Address 722 WESTERN AVE BROOKINGS Alternate ID n/a Class NADC Acreage n/a Owner Address M G OIL COMPANY 1180 CREEK DR RAPID CITY SD 57703 District 4001 Brief Tax Description SNYDERS ADDN, LOT 2 BLK 1 300 X 250 (Note: Not to be used on legal documents) Date created: 4/10/2025 Last Data Uploaded: 4/10/2025 1:03:55 AM 432 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads 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 25-016,Version:1 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. Summary and Recommended Action: The City of Brookings enters into On-Sale Liquor Operating Agreements for 10-year increments, with a renewal at five years. The On-Sale Operating Agreement for Wonder, Inc., dba The Wild Hare, Todd Voss and Bob Winter, and Ann Park owners, 303 3rd Street , is at the 10-year renewal. This Resolution would allow the City Manager to enter into the 10-year Agreement, with a renewal occurring at the 5-year midpoint. This Agreement would be effective through 2030. Staff recommends approval. Attachments: Resolution Operating Agreement Map City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: April 15, 2025 Subject: Resolution 24-016: 10-year Liquor Operating Agreement (renewal) Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of the Resolution authorizing the City Manage to enter into a new 10-year On-Sale Liquor Operating Agreement with Wonder Inc, dba The Wild Hare, Todd Voss, Bob Winter, and Ann Park owners. Item Details: The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a 5-year mid-term renewal. The expiring 10-year Agreement was entered in 2015, with a 5-year mid-term renewal approved in 2020. Wonder Inc, dba The Wild Hare, has not failed an alcohol compliance check in the past 5-years. Approval of the Resolution would allow the City Manager to enter into a new 10 -year On-Sale Liquor Operating Agreement, expiring in 2035. A 5-year mid-term renewal of the Operating Agreement will come forward to the council for review and action in 2030. Legal description: West 75’ of Lots 20 and 21, Block 3, Original Plat Addition. Legal Consideration: None. Strategic Plan Consideration:  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement.  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Resolution Operating Agreement Location Map 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. Passed and approved this 15th day of April, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT RENEWAL WONDER, INC., DBA THE WILD HARE THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Todd Voss and Bob Winter, and Ann Park owners, Wonder, Inc., dba The Wild Hare, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: West 75’ of Lots 20 and 21, Block 3, Original Plat Addition IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off - Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, wit h the Manager having the option and privilege of one five (5)-year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off -Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profi t from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supersede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 15TH day of April, 2025. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager MANAGER Bonnie Foster, City Clerk By: Brookings County, SD Developed by Parcel ID 404050030002000 Sec/Twp/Rng -- Property Address 303 3RD ST BROOKINGS Alternate ID n/a Class NADC Acreage n/a Owner Address WONDER INC 133 MAIN AVE S BROOKINGS SD 57006 District 4001 Brief Tax Description ORIGINAL PLAT ADDN, W 75' OF LOTS 20 & 21 BLK 3 75 X 100 (Note: Not to be used on legal documents) Date created: 4/10/2025 Last Data Uploaded: 4/10/2025 1:03:55 AM 216 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads 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 25-024,Version:1 Action on Resolution 25-024, a Resolution Awarding the Bid for Portable Litter Control Fences. Summary and Recommended Action: Staff recommends approval of the proposed resolution awarding a $74,000 contract to Metta Technologies, Inc. for the purchase of 10 portable litter control fences. Attachments: Memo Resolution Exhibit City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Kuhn, Solid Waste Manager Council Meeting: April 15, 2025 Subject: Resolution 25-024: Portable Litter Control Fences Presenter: Charlie Kuhn, Solid Waste Manager Summary and Recommended Action: Staff recommends approval of the proposed resolution awarding a $74,000 contract to Metta Technologies, Inc. for the purchase of 10 portable litter control fences. Item Details: The City utilizes portable litter control fences to manage and control wind-blown litter in and around the active tipping face at the regional landfill. The portable fences allow staff to adjust the location of these fences based on the wind direction and current weather directions. A bid letting for this purchase was held on Tuesday, March 11, 2025 at 1:30 pm with the following bids received: Vendor Bid Price Meets Specifications Coastal Netting Systems $72,400 9 of 13 Metta Technologies, Inc. $74,000 12 of 13 First Contracting LLC. $129,000 12 of 13 Budget Amount $90,000 N/A Although Coastal Netting Systems submitted the lowest bid, their product did not fully meet the City's specifications (see Exhibit). Staff also believes that the areas that did not meet the specs are a material difference to the quality and p rice point of the product. The elimination of the Stainless Steel support cables and the reduction in the skid plate thickness allow the low bidder, Coastal Netting Systems, a cost advantage over the next lowest bidder, Metta Technologies, Inc. Therefore, staff recommends awarding the contract to Metta Technologies, Inc., the next lowest bidder. The Metta Technologies, Inc., bid is 18% below the budgeted allocation of $90,000. Legal Consideration: The City of Brookings has complied with all competitive bidding requirements in accordance with state regulations. 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: The adopted 2025 budget includes $90,000 for this purchase under Fund 625 – Solid Waste Disposal. The recommended bid is 18% below budget and 9% lower than the last purchase in 2023. Supporting Documentation: Resolution Exhibit 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. Passed and Approved this 15th day of April, 2025. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk Exhibit Specifications Coastal Netting Systems Metta Technologies, Inc.First Contacting, Inc. 1 Rectangular base frame with windscreens on three sides and canopy. Overall minimum dimensions of 24' wide x 15' high x 8' depth and weight of 3,600 lbs. Yes Yes Yes 2 Units shall be equipped with net mesh being made of heavy gauge galvanized welded wire and vinyl coated with a maximum 1.5" square opening. Back net shall be reinforced with 3/16" aircraft cable and connected via the cable to the frame. No, Unit does not include 3/16" support cable, but does use stainless steel hose clamps. Yes Yes 3 Units shall be manufactured with smooth, heavy walled steel tubing to keep the units from freezing to the ground or sinking in soft mud. Yes Yes Yes 4 Rugged steel construction with full welds and a tough enamel finish to protect from rusting.Yes Yes Yes 5 Units must be portable and able to connect via a factory installed adjustable lift adapter for any standard pay loader bucket or a standard bulldozer blade. The unit shall be capable of being lifted from the front or rear of the unit. No, units only lift from front No, units only lift from front No, units only lift from front 6 Minimum two lifting hooks for easy relocation and stability over rugged terrain. Lifting hooks shall meet the following requirements. Vertical height adjustment: min 6ft-9in to a max of 12ft-2in Horizontal hook adjustment: 5 increments from 11in to 2ft-7in Yes Yes Yes 7 Units shall be constructed with an additional ¾" thick steel wear plates along the bottom beam and hook supports of the unit to prevent potential damage from equipment and stability. No, wear plate is 3/8"Yes Yes 8 Units delivered F.O.B. to Brookings Regional Landfill, 4101 30th Street, Brookings, SD 57006 Yes Yes Yes 9 Units shall be manufactured with a heavy litter control panel with two side wing nets, and a canopy for maximum litter containment. Yes Yes Yes 10 Units shall allow for the option of outrigger use during times of high winds. Outriggers shall be built into the frame for stability, have three settings options with full extension to depth of 15ft. No, units extend to14'-6"Yes Yes 11 Units shall be designed for 65 + MPH winds and be designed to continue to force litter down to the bottom of the unit and not escape. Yes Yes Yes 12 Units designed to be position next to each other, straight line or curve, so the the nets are tight to each other for no gap coverage. Yes Yes Yes 13 Units shall have a 5 Year Warranty Yes Yes Yes Compliance 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 25-0171,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 100 th 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 Center, 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 4/10/2025Page 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 25-0169,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Bonny Specker Brookings Health Systems Board of Trustees: 1.Council Member Brianna Doran City of Brookings Printed on 4/10/2025Page 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 25-0176,Version:1 Update: Downtown Fire Summary and Recommended Action: Staff will provide an update on the action taken to date regarding the downtown fire and next steps. No action is being requested as the report is informational in nature. Council is encouraged to ask questions. City of Brookings Printed on 4/10/2025Page 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 #:RES 25-033,Version:1 Action on Resolution 25-033, a Resolution Authorizing Naming the Fire Training Tower in the City of Brookings. Summary and Recommended Action: Staff recommends approval of the proposed resolution to name the Fire Training Tower in honor of Fire Chief Pete Bolzer. Attachments: Memo Resolution Naming Request Naming Rights Policy Sign Brookings Volunteer Fire Fighters Photo City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Jacob Meshke, Deputy City Manager Council Meeting: April 15, 2025 Subject: Resolution 25-033: Fire Training Tower Naming Rights – Fire Chief Pete Bolzer Presenter: Jacob Meshke, Deputy City Manager Summary and Recommended Action: Staff recommends approval of the proposed resolution to name the Fire Training Tower in honor of Fire Chief Pete Bolzer. Item Details: City Council Policy 303 defines the process for naming certain public spaces or improvements. A request has been received from Fire staff/volunteer firefighters to name the Training Tower at the Fire Training Site in honor of Fire Chief Pete Bolzer. Chief Bolzer will be retiring at the end of April 2025. Chief 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. Legal Consideration: The City Attorney has reviewed the resolution and supporting documentation. 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: A plaque will be purchased to commemorate the naming of the Training Tower. Supporting Documentation: Resolution Naming Request City Council Policy #303 - Naming Rights Policy 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. Passed and approved this 15th 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 #:ORD 25-011,Version:1 Introduction and First Reading 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. 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 4/10/2025Page 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 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 conditions 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 prem ises. (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 #:RES 25-032,Version:1 Public Hearing and Action 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. Summary and Recommended Action: Staff recommends approval of the proposed resolution which will initiate the annual assessment process in regards to sidewalk repairs within the City of Brookings. This project includes construction of miscellaneous concrete work, including homeowner trip hazards, which were not repaired in the 2024 sidewalk assessment area and property owners who have voluntarily elected to have the City include their property in this project. Attachments: Memo Resolution Legal Notice List of Affected Properties Location Map City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: John R. Thompson, Public Works Director Council Meeting: April 15, 2025 Subject: Resolution 25-032: Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2024-01 SWR Concrete Maintenance Project Person(s) Responsible: John R. Thompson, Public Works Director Summary and Recommended Action: Staff recommends approval of the proposed resolution, which will initiate the annual assessment process in regards to sidewalk repairs within the City of Brookings. This project includes construction of miscellaneous concrete work, including homeowner trip hazards, which were not repaired in the 2024 sidewalk assessment area and property owners who have voluntarily elected to have the City include their property in this project. Item Details: On August 28, 2024 the City mailed, by certified mail, notices to all affected property owners. The notice provided a map of the damaged sidewalk area(s) abutting their property, along with an estimated cost per square foot to repair the damage. The notice also provided the property owner with the option of effecting the sidewalk repairs themselves or voluntarily electing to have the City include their sidewalk repairs in the City’s Concrete Maintenance Project. On April 3, 2025 the City mailed, by certified mail, a second notice to all affected property owners, advising them of this public hearing date, along with a copy of the proposed resolution and estimated cost to have the City include their sidewalk repair in the City’s Concrete Maintenance Project. The April 4th notice also requested any property owner who elects to perform the work themselves, must contact the Engineering Division prior to April 15th, in order to remove their property from the upcoming Concrete Maintenance Project. The City has allocated sufficient funds to address boulevard tree damaged sidewalks. In addition, the City has allocated up to $5,000 to assist low-income residents. Low- income residents will be referred to Inter-lakes Community Action Partnership (ICAP) where ICAP will assess individuals for potential supplemental payment or waiver of City fees/charges for sidewalk repairs. If the proposed Resolution is approved, staff will bid the Concrete Maintenance Project in May, with the work to be completed by the end of the 3rd quarter of 2025. A listing of affected properties is included with this agenda item. Legal Consideration: City Attorney Steve Britzman has reviewed the proposed resolution. 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: Sufficient appropriations of exist in the amended 2025 fiscal year budget, fund 213 Capital Improvements – Streets and Sidewalks. Property owners abutting trip hazards will be assessed the actual repair costs plus a 6% engineering administrative fee . Assessments will follow:  A five-year repayment term at 4.27% interest via property taxes.  One-time payment for assessments under $300. Estimated costs:  $35.00 per square foot for concrete replacement (including removal, disposal, minor dirt work, and repouring).  $240 per curb stop adjustment, if needed. Supporting Documentation: Resolution Legal Notice Affected Properties List Location Map 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 for 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 Specificatio ns 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. Asse ssments 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. Passed and Approved this 15th day of April, 2025. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Notice of Public Hearing on Adoption of Resolution of Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2024- 01SWR Concrete Maintenance Project NOTICE IS HEREBY GIVEN to the owners of the property described in the foregoing proposed resolution that the City Council will meet in the Chambers, Brookings City & County Government Center, 520 3rd Street, Brookings, South Dakota, on Tuesday, April 15, 2025, at 6:00 o’clock PM, for the consideration of the adoption of said resolution. At said time and place, the City Council will consider any objections to the proposed resolution by owners of property liable to be assessed for improvement. Bonnie Foster, City Clerk Proposed Resolution 25-032 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 that sidewalk repairs or installation is necessary abutting the 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 apportionment of benefits is as follows: Such assessments, unless paid within thirty (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 4.53% set by the City’s Special Assessment Policy on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 3. The City has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Passed and approved this 15th day of April 2025. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 20204-01 SWR Sidewalk Replacement Sites Count House Number Street Property Owner Parcel ID Est. Sq. Ft. of Sidewalk Repairs Curb Stop Adjustment Estimated Cost 6% Admin Fee Total Estimated Cost 1 131 1st Ave S Marjorie Walberg 409950024000500 25 0 875.00$ 52.50$ 927.50$ 2 170 1st Ave S Matt Gorder 401750120000605 50 0 1,750.00$ 105.00$ 1,855.00$ 3 817 1st St TBPK Properties LLC 405650080001200 50 0 1,750.00$ 105.00$ 1,855.00$ 4 512 2nd Ave John & Bernice Kubal 405300150001100 25 0 875.00$ 52.50$ 927.50$ 5 138 2nd Ave S Brookdak Properties LLC 401750080000100 25 0 875.00$ 52.50$ 927.50$ 6 144 2nd Ave S Southland Apartments LLC 401750080000200 25 0 875.00$ 52.50$ 927.50$ 7 154 2nd Ave S Sharon Ueland 401750080000500 25 0 875.00$ 52.50$ 927.50$ 8 705 2nd St Pitts Property Management LLC 405650020000900 25 0 875.00$ 52.50$ 927.50$ 9 719 2nd St Thor & Samantha Riemer 405650020001200 25 0 875.00$ 52.50$ 927.50$ 10 802 2nd St Stephen & Sherilyn Geise 405650080000700 250 0 8,750.00$ 525.00$ 9,275.00$ 11 826 2nd St Stephen & Jolene Leemhuis 405650080000100 25 1 1,115.00$ 66.90$ 1,181.90$ 12 827 2nd St Jon Lerew 405650070001300 50 0 1,750.00$ 105.00$ 1,855.00$ 13 929 2nd St Rabbit Rentals LLC 405700060001500 25 0 875.00$ 52.50$ 927.50$ 14 120 2nd St S Broadacre INC 403390000000300 25 1 1,115.00$ 66.90$ 1,181.90$ 15 209 2nd St S Dion-Gokan Family Trust 401750070000800 25 0 875.00$ 52.50$ 927.50$ 16 624 2nd St S Dale Ulvestad Trust 403250020002500 25 0 875.00$ 52.50$ 927.50$ 17 317 3rd Ave Teen Challenge of the Dakotas 404050040000700 25 0 875.00$ 52.50$ 927.50$ 18 321 3rd Ave S Terry & Amy Nemitz 405100020001000 25 1 1,115.00$ 66.90$ 1,181.90$ 19 408 3rd Ave S Meadowlark Villa LLC 405100030001410 75 0 2,625.00$ 157.50$ 2,782.50$ 20 715 3rd St Kyle Haaseth 405650030001100 50 0 1,750.00$ 105.00$ 1,855.00$ 21 802 3rd St Arnold & Barbara Geise 405650070000600 25 0 875.00$ 52.50$ 927.50$ 22 202 4th St Jerry & Judy Cooley 404050040000500 25 0 875.00$ 52.50$ 927.50$ 23 521 4th St Children's Museum of SD 401600010010100 25 0 875.00$ 52.50$ 927.50$ 24 702 4th St Zap LLC 405650030000700 75 0 2,625.00$ 157.50$ 2,782.50$ 25 808 4th St Anne Karabon 405650060000500 25 0 875.00$ 52.50$ 927.50$ 26 903 4th St Collin Vaughn 405700040001000 50 0 1,750.00$ 105.00$ 1,855.00$ 27 928 4th St Rabbit Rentals LLC 405700050000100 25 0 875.00$ 52.50$ 927.50$ 28 605 4th St S Gary & Muriel Nelson 404150010001300 75 0 2,625.00$ 157.50$ 2,782.50$ 29 101 5th Ave S S & G Property Management LLC 401750020001505 50 0 1,750.00$ 105.00$ 1,855.00$ 30 111 5th Ave S Sarantis Theodosopoulos 401750020001400 25 0 875.00$ 52.50$ 927.50$ 31 108 5th St Russell Lokken 406150020000500 25 0 875.00$ 52.50$ 927.50$ 32 203 5th St Darnall Rentals LLC 405300150000900 100 0 3,500.00$ 210.00$ 3,710.00$ 33 703 5th St Daniel & Michele Kemp 405700010000900 25 0 875.00$ 52.50$ 927.50$ 34 922 5th St Richard & Erika Drawdy 405700040000300 25 1 1,115.00$ 66.90$ 1,181.90$ 35 718 5th St S Brookings Ind School Dist 122 400250000000100 50 0 1,750.00$ 105.00$ 1,855.00$ 36 207 6th Ave S BPDW Properties & Investments LLC 403250020000400 25 0 875.00$ 52.50$ 927.50$ 37 407 6th Ave S Douglas & Julie Pederson 403250110000300 25 0 875.00$ 52.50$ 927.50$ 38 625 6th Ave S Joseph Kovach 405170040000500 25 1 1,115.00$ 66.90$ 1,181.90$ 39 720 6th Ave S Eugene Arbuthnot 405170030001000 50 0 1,750.00$ 105.00$ 1,855.00$ 40 702 6th St Clark Sexton 405700010000700 25 0 875.00$ 52.50$ 927.50$ 41 216 7th Ave Ian Huber 405650020000705 25 0 875.00$ 52.50$ 927.50$ 42 108 8th Ave Thomas & Janice Fergen 405650080000800 50 0 1,750.00$ 105.00$ 1,855.00$ 43 103 9th Ave Rabbit Rentals LLC 405650080001300 25 1 1,115.00$ 66.90$ 1,181.90$ 44 106 9th Ave Jackrabbit Properties LLC 405700070000905 25 0 875.00$ 52.50$ 927.50$ 45 110 9th Ave Rabbit Rentals LLC 405700070000900 100 0 3,500.00$ 210.00$ 3,710.00$ 46 202 9th Ave Delores Shanley 405700060001000 75 0 2,625.00$ 157.50$ 2,782.50$ 20204-01 SWR Sidewalk Replacement Sites Count House Number Street Property Owner Parcel ID Est. Sq. Ft. of Sidewalk Repairs Curb Stop Adjustment Estimated Cost 6% Admin Fee Total Estimated Cost 47 206 9th Ave Cory Deblonk 405700060000900 125 0 4,375.00$ 262.50$ 4,637.50$ 48 312 9th Ave Eric & Jennifer Risty 405700050000900 100 0 3,500.00$ 210.00$ 3,710.00$ 49 704 Brooklawn Dr David Olson 406400010000500 25 0 875.00$ 52.50$ 927.50$ 50 900 Brooklawn Dr Kyle Prodoehl 406400010000400 25 1 1,115.00$ 66.90$ 1,181.90$ 51 909 Brooklawn Dr Michael Twedt & Christopher Bauman 406400010000200 25 1 1,115.00$ 66.90$ 1,181.90$ 52 302 Folsom St Thomas Steffensen 401750040001300 25 0 875.00$ 52.50$ 927.50$ 53 100 Main Ave S Perry Electric Inc 401750050000100 25 0 875.00$ 52.50$ 927.50$ 54 117 Medary Ave Adam & Heather Aesoph 405700070000200 50 0 1,750.00$ 105.00$ 1,855.00$ 55 817 Prairie View Dr Advance Foundation INC 404750000000400 25 0 875.00$ 52.50$ 927.50$ Notes: -Estimated Sidewalk Replacement Cost (based on 2024 bids): $35 per sq ft -Estimated Adjustment of Curb Stop Valve (based on 2024 bids): $240.00 each -Shaded rows indicate that Property Owner submitted documentation to be included in the City project (28 of the 55 addresses) Sidewalk Repair Locations 2025 Resolution of Necessity ¹ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 25-035,Version:1 Action on Resolution 25-035, a Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota. Summary and Recommended Action: Staff recommends the approval of the proposed resolution which will set forth a schedule of fines for violations of Chapter 38 - Flood Damage Prevention Ordinances. Attachments: Memo Resolution City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: John R. Thompson, Public Works Director Council Meeting: April 15, 2025 Subject: Resolution 25-035: Adoption of Fines with Court Costs - Violation of Flood Damage Prevention Ordinances Person(s) Responsible: John R. Thompson, Public Works Director Summary and Recommended Action: Staff recommends approval of the proposed resolution to adopt fines for violations of the City of Brookings, Chapter 38 Flood Damage Prevention Ordinances. Item Details: The City Council approved Ordinance 25-010 on March 25, 2025, amending City of Brookings Code Chapter 38 – Floods. Section 38-45 Penalties for Noncompliance, provides language for the City of Brookings City Council to, by resolution, adopt fines for violation of the amended code. Specific language in the order states: “These regulations provide that a municipality must adopt effective enforcement provisions. In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, these regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood - prone (i.e. mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes. Accordingly, no structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation of this chapter. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be subject to a fine as provided by Resolution of the City Council for each violation, which may be assessed daily. In addition, any person who violates this Chapter shall pay all costs and expenses resulting from the violation. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.” The proposed fines are consistent with the maximum fine limits provided by State law and City ordinances. First Offense $300.00 plus court costs of $72.50 Second Offense $400.00 plus court costs of $72.50 Third Offense $500.00 plus court costs of $72.50 If approved, the proposed fees will be included in the 2025 Consolidated Fee Schedule. Legal Consideration: City Attorney Steve Britzman has reviewed the proposed resolution. Strategic Plan Consideration: Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: There are no costs associated with the proposed resolution. Supporting Documentation: Resolution 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 Ordinance s 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 Passed and Approved this 15th 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 25-031,Version:1 Action on Resolution 25-031, a Resolution Authorizing the Acquisition of Real Property for 20 th Street South / 22nd Avenue South Intersection Improvements. Summary and Recommended Action: Staff recommends approval of the proposed resolution, which authorizes the City Manager to finalize negotiations of real property needed for future improvements to the 20 th Street South / 22nd Avenue South intersection. Attachments: Memo Resolution Plat Map City of Brookings Printed on 4/10/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: John R. Thompson, Public Works Director Council Meeting: April 15, 2025 Subject: Resolution 25-031: Acquisition of Real Property for Future 20th Street South / 22nd Avenue South Intersection Improvements Person(s) Responsible: John R. Thompson, Public Works Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution authorizing the acquisition of real property for future 20th Street South / 22nd Avenue South intersection improvements. Item Details: Development along 20th Street South has started to accelerate. Installation of the 20th Street South interchange has increased interest in commercial development along the 20th Street South corridor. Due to the increased interest in this area traffic along this corridor and at the 20th Street South / 22nd Avenue South intersection is expected to grow. At this time, the existing vehicle traffic movements are limited by tight radius which hinder truck movements and require trucks to make turns outside their lanes. Future traffic increases expected for this area will further these deficiencies and hinder safety and growth. Preliminary design by the City’s traffic engineer, HDR Engineering, identified future lane configurations, which will require additional right-of-way to be purchased. To allow for future expansion at this intersection, right-of-way will need to be purchased before development prevents the intersection from being properly configured. This resolution will authorize the City Manager to enter into an agreement with the Paul E. Moriarty Living Trust in the amount of $158,522.50 for the purchase of 7,938 square foot of real property as future right-of-way. Due to the imminent development expected on this Northwestern corner, it is important to settle limits of the right-of-way for proper future alignment. Legal Consideration: City Attorney Steve Britzman has reviewed the resolution and purchase agreement. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: Sufficient appropriations exist in the amended 2025 fiscal year budget, fund 213 Capital Improvements – Streets and Sidewalks. Supporting Documentation: Resolution Plat Map 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. Passed and Approved on the 15th 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 25-0179,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for the purpose of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 4/10/2025Page 1 of 2 powered by Legistar™ File #:ID 25-0179,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 4/10/2025Page 2 of 2 powered by Legistar™