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Home My WebLink About2018_05_08 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, May 8, 2018 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2.ID 2018-0221 Present Certificate of Election and Oath of Office to Mayor Keith W. Corbett and Council Members Nick Wendell, Patty Bacon, and Holly Tilton Byrne. Certificate of Election & Oath of Office - K. Corbett Certificate of Election & Oath of Office - N. Wendell Certificate of Election & Oath of Office - P. Bacon Certificate of Election & Oath of Office - H. Tilton Byrne Attachments: 3. Record of Council Attendance. 4. 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, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 4.A. Action to approve the agenda. Page 1 City of Brookings May 8, 2018City Council Meeting Agenda 4.B.ID 2018-0229 Action to approve the April 24, 2018 City Council Minutes. 4/24/2018 MinutesAttachments: 4.C.RES 18-040 Action on Resolution 18-040, a Resolution to remove uncollectible Accounts Receivable from Records. ResolutionAttachments: 4.D.ID 2018-0222 Action on Ex-Officio and other Council Member Appointments. 4.E.RES 18-036 Action on Resolution 18-036, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for The Children’s Museum of South Dakota, 521 4th Street, legal description: Lot 101, Block 1 to include adjacent N 1/2 vacated 4th Street, First Addition. Resolution Operating Agreement Attachments: 4.F.RES 18-037 Action on Resolution 18-037, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Krave, Marty Syrstad, owner, 1040 22nd Ave. So., legal description: Track E of Lot 3, Southbrook Addition. Resolution Operating Agreement Attachments: 4.G.RES 18-041 Action on Resolution 18-041, a Resolution declaring surplus property: 1999 GMC Suburban (Engineering Department). ResolutionAttachments: 5. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 6. Open Forum/Presentations/Reports: 6.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6.B. SDSU Student Association Report. 7. Contracts/Change Orders: None 8. Ordinance First Readings: None No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Page 2 City of Brookings May 8, 2018City Council Meeting Agenda 9. Public Hearings and Second Readings: 9.A.ORD 18-008 Second Reading and Action on Ordinance 18-008, an Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Brookings Health System. Ordinance - clean Ordinance - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 4/24/18 City Council read into the record 9.B.ORD 18-006 Public Hearing and Action on Ordinance 18-006, an Ordinance rezoning the S 105’ of Lot 2, Block 7, Morehouse Addition (907 8th Street); S 105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S 105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) from Residence R-2 Two-Family District to Business B-2A Office District. Ordinance Planning Commission Minutes 4/3/2018 Revised Notice 3/23/2018 Notice 3/20/2018 Area Map Rezoning Map B-2A District Applicant Letter Site Plan Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/24/18 City Council read into the record 9.C.ORD 18-007 Public Hearing and Action on Ordinance 18-007, an Ordinance rezoning Bluegill Third Addition from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single-Family District. Ordinance Planning Commission Minutes 4/3/2018 Notice Rezoning Map Rezoning Exhibit R-1C District R-1D District Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History Page 3 City of Brookings May 8, 2018City Council Meeting Agenda 4/24/18 City Council read into the record 9.D.ID 2018-0231 Action on a Preliminary Plat for Lots 1-10, Block 1, Bluegill Third Addition 04-03-2018 Planning Commission Minutes Notice Preliminary Plat Aerial Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.E.ID 2018-0230 Public Hearing and Action on a request for an On-Off Sale Malt License for Jokers Casino, Randy Clifford, owner, 517 6th St., legal description: W 50’ of Lot 16 and W 50’ of the S ½ of Lot 15, Block 4, Petersons Second Addition. Legal NoticeAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.F.ID 2018-0192 Public Hearing and Action on the transfer of an On-Off-Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. Legal Notice City Attorney Memo on Video Lottery Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.G.RES 18-030 Public Hearing and Action on Resolution 18-030, a Resolution authorizing the transfer of an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. Resolution Legal Notice Operating Agreement Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.H.ID 2018-0193 Public Hearing and Action on a request for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105B), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., legal Page 4 City of Brookings May 8, 2018City Council Meeting Agenda description: E 120’ of Lots 13-14, Block 14, Second Addition. Legal Notice City Attorney Memo on Video Lottery Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.I.RES 18-029 Public Hearing and Action on Resolution 18-029, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Commonwealth Gaming & Holdings, Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th Street, Suite 105B, Brookings, South Dakota, legal description: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21, Block 3, Henry’s Addition. Resolution Hearing Notice Operating Agreement Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Other Business: None 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 12. Adjourn. Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to 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 2018-0221,Version:1 Present Certificate of Election and Oath of Office to Mayor Keith W. Corbett and Council Members Nick Wendell, Patty Bacon, and Holly Tilton Byrne. Summary: Mayor Keith W. Corbett and Council Members Nick Wendell, Patty Bacon, and Holly Tilton Byrne, will be presented with their Certificate of Election and take their Oath of Office. Attachments: Certificate of Election & Oath of Office - Mayor Keith W. Corbett Certificate of Election & Oath of Office - Council Member Nick Wendell Certificate of Election & Oath of Office - Council Member Patty Bacon Certificate of Election & Oath of Office - Council Member Holly Tilton Byrne City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 10 th day of April 2018, at the municipal election held throughout the City of Brookings Keith W. Corbett was duly elected by the qualified voters of the City of Brookings to the office of Mayor for a term of three years, beginning May 1, 2018. Dated at Brookings, South Dakota, this 8th day of May, 2018. Shari Thornes, City Clerk Brookings City Council Oath of Office I, Keith W. Corbett, having been elected to the office of Mayor within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. KeithW. Corbett Subscribed and sworn to before me this 8th day of May, 2018. Steve Britzman, City Attorney State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 10th day of April, 2018, at the municipal election held throughout the City of Brookings Nick Wendell was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning May 1, 2018. Dated at Brookings, South Dakota, this 8th day of May, 2018. Shari Thornes, City Clerk Brookings City Council Oath of Office I, Nick Wendell, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Nick Wendell Subscribed and sworn to before me this 8th day of May, 2018. Keith W. Corbett, Mayor State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 10 th day of April 2018, at the municipal election held throughout the City of Brookings Patty Bacon was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning May 1, 2018. Dated at Brookings, South Dakota, this 8th day of May, 2018. Shari Thornes, City Clerk Brookings City Council Oath ofOffice I, Patty Bacon, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Patty Bacon Subscribed and sworn to before me this 8th day of May, 2018. Keith W. Corbett, Mayor State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 10th day of April, 2018, at the municipal election held throughout the City of Brookings Holly Tilton Byrne was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of one year, beginning May 1, 2018. Dated at Brookings, South Dakota, this 8th day of May, 2018. Shari Thornes, City Clerk Brookings City Council Oath of Office I, Holly Tilton Byrne, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Holly Tilton Byrne Subscribed and sworn to before me this 8th day of May, 2018. Keith W. Corbett, 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 2018-0229,Version:1 Action to approve the April 24, 2018 City Council Minutes. Attachments: 4/24/2018 Minutes City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Brookings City Council April 24, 2018 (unapproved) The Brookings City Council held a meeting on Tuesday, April 24, 2018 at 5:00 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. 5:00 PM Study Session Update on 211 Program by Heidi Gullickson, Executive Director, Brookings Area United Way. Continued discussion on the Brookings Affordable Housing Task Force Report. 6:00 PM Regular Meeting Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. A. Action to approve the agenda. B. Action to approve the March 27, April 3, and April 17, 2018 City Council Minutes. C. Action on the following appointments: Airport Board: reappoint Orv Smidt (term expires 5/1/2023); Brookings Committee for People who have Disabilities: reappoint Taylor Wold as student representative (term expires 5/1/2019); Human Rights Commission: appoint Meagan Irvine-Miller (term expires 5/1/2019); Park & Recreation Board: reappoint Doug Smith and Jay Larsen (terms expire 5/1/2021), reappoint Thomas Thvedt as High School Student Representative (term expires 5/1/2019); Sustainability Council: reappoint Caleb Vukovich as student representative (term expires 5/1/2019); Utility Board: appoint Keith Bartels (term expires 5/1/2023). D. Action on Resolution 18-025, a Resolution declaring miscellaneous equipment as surplus property. Resolution 18-025 - Declaring Miscellaneous Equipment as Surplus Property Whereas, the City of Brookings is the owner of the following described equipment: City General: 4 - 2-door storage cabinets Public Library: 16 wooden chairs, 1 green topped divided table, 8 green topped wooden tables, 1 – Samsung Syncmaster 151V (15 inch) monitor, 1 – Viewsonic VG 930m (20 inches) monitor, 1 – 2011 W7 Pro Acer Veriton VX275-UD5400C Desktop (A2) Intel Pentium Dual-Core E5400 1 GB, 1 – 2006 W7 Gateway E4500 D (G60) Pentium Dual 930, 1 GB, 1 – 2007 W7 Gateway E4610D (G71) Intel Dual Core 2 Duo E6400 1024 MB, 1 – 2013 HP LaserJet Enterprise 600 Printer, 1 – HP Compaq dc 7900 Convertible Minitower (HP10) Fire Dept.: 1200 gallon drop tank (approx. 25 years old); pressure washer with self-contained heater (approx. 25 years old) (NOTE: water heater leaks and has an electrical short); 2 – flood work lights; 1 – paint booth filter and pressure gauge; 1 – yard light; 1 – Durango center console; 2 – mini light bars; 1 – 1980’s GMC truck grill; 1 – TV Mount; 4 – sheets of paneling; 2 – electric reels (no ends); 1 – tool box; 1 – box of 8’ light bulbs; 4 – Humvee tires and rims; 1 – dually tire and rim; 1 – water well pump and expansion tank; 2 – wood open storage shelves; 1 – 250 gallon galvanized water tank Airport: 1 – 36” 2-drawer file cabinet; 2 – 6’ bookcases; 1 – 29” 2-drawer file cabinet; 1 – 6’ desk with 3 drawers; 1 – 4’ desk Parks, Recreation & Forestry Dept.: 1 - desktop organizer; 1 – 2-door cabinet; 1 – 2-shelf cabinet; 1 – wall-mounted cabinet; 1 – small table; 4 – metal desks; 1 – small metal desk; 2 – tables; 1 – pedestal table; 1 – 3-shelf bookcase Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. E. Action on Resolution 18-031, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. Resolution 18-031 - A Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 14-15, 2018; and Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. Now, Therefore, Be It Hereby Resolved, that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 10 through July 17, 2018. Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. F. Action to abate the 2017 and 2018 Drainage Fees and Interest for Parcel Number 40625-00100-001-00, SDSU, owner, located on Lot 1, Block 1, University First Addition in the City of Brookings, SD, in the amount of $367.24. Proclamation. Mayor Corbett declared April 24, 2018 as Brookings Volunteer Firefighter Day. Resolution 18-032. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 18-032, a Resolution authorizing the purchase of an unmarked Police Vehicle, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 18-032 - Purchase of Police Vehicle Whereas, the City of Brookings Police Department requests action to purchase one (1) 2018 Ford Taurus from Einspahr Auto Plaza, Brookings, SD; and Whereas, Einspahr Auto Plaza is Item #17148 for a 2018 Ford Taurus from the South Dakota State Bid Authority; and Whereas, the City of Brookings Police Department will purchase from Einspahr Auto Plaza, Brookings, SD, one (1) 2018 Ford Taurus in the amount of $28,267.00. Now, Therefore, Be It Resolved that the contract from Einspahr Auto Plaza, Brookings, SD, in the amount of $28,267.00 be accepted. Resolution 18-034. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, that Resolution 18-034, a Resolution awarding bids on 2018-08STI, Street Maintenance and Overlay Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 18-034 - Resolution Awarding Bids on Project 2018-08STI Street Maintenance and Overlay Project Whereas, the City of Brookings opened bids for Project 2018-08STI Street Maintenance and Overlay Project on Tuesday, April 17, 2018 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2018-08STI Street Maintenance and Overlay project: Bowes Construction Co., Inc. in the amount of $725,881.50, and Duininck Inc. in the amount of $841,328.45. Now Therefore, Be It Resolved that the total low bid of $725,881.50 for Bowes Construction Co., Inc. be accepted. Resolution 18-035. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 18-035, a Resolution awarding bids on 2018- 09STI, Recreational Trail Overlay Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 18-035 - Resolution Awarding Bids on Project 2018-09STI Recreational Trail Overlay Project Whereas, the City of Brookings opened bids for Project 2018-09STI Recreational Trail Overlay Project on Tuesday, April 17, 2018 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2018-09STI Recreational Trail Overlay project: Bowes Construction Co., Inc. in the amount of $125,455.00, and Duininck Inc. in the amount of $168,095.00. Now Therefore, Be It Resolved that the total low bid of $125,455.00 for Bowes Construction Co., Inc. be accepted. Resolution 18-033. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that Resolution 18-033, a Resolution awarding bids on 2018- 05SSI, Viaduct Drainage Improvement Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 18-033 - Resolution Awarding Bids for 2018-05SSI Viaduct Drainage Improvement Project Whereas, the City of Brookings opened bids for 2018-05SSI Viaduct Drainage Improvement Project on Tuesday, April 3, 2018 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for 2018-05SSI Viaduct Drainage Improvement Project: VJ Ahlers Excavating - $399,568.00, Deboer Construction – $409,927.75 and Meyer Services, Inc. - $459,707.00. Now Therefore, Be It Resolved that the low bid of $399,568.00 from VJ Ahlers Excavating be accepted. Ordinance 18-006. Introduction and first reading was held on Ordinance 18-006, an Ordinance rezoning the S 105’ of Lot 2, Block 7, Morehouse Addition (907 8 th Street); S 105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S 105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) from Residence R-2 Two-Family District to Business B-2A Office District. Public Hearing: May 8, 2018. Ordinance 18-007. Introduction and first reading was held on Ordinance 18-007, an Ordinance rezoning Bluegill Third Addition from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single-Family District. Public Hearing: May 8, 2018. Ordinance 18-008. Introduction and first reading was held on Ordinance 18-008, an Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Brookings Health System. Public Hearing: May 8, 2018. On-Off Sale Malt Alcohol License – Flavor International Restaurant and Grocery. A public hearing was held on a request for an On-Off Sale Malt Alcohol License for Flavor International Restaurant and Grocery, LLC, Daniel Huntington, owner, 501 Main Ave., legal description: E 120’ of Lots 13-14, Block 14, Second Addition. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, to approve On-Off Sale Alcohol License. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. On-Off Sale Malt License Transfer – Carpy’s Pub. A public hearing was held on the transfer of an On-Off-Sale Malt License from Carpy’s Pub, Roger Carpenter, owner, to Carpy’s Pub, Verla Carpenter, owner, 714 22 nd Ave., Brookings, South Dakota, legal description: E 77’5” of W 145’ and N 32’9” of S 655’ and E 30’ of W 137’ of N 2y of S 679’ of Lot 2, Brookings Mall Addition. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that the transfer be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 18-026. A public hearing was held on Resolution 18-026, a Resolution adopting the Brookings, SD Comprehensive Plan 2040. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 18-026 be approved with the following correction to the Future Land Use Map on page 80, change the land designated as MDR to UMI near the intersection of Main Avenue South and 32nd Street South. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 18-026 - A Resolution Adopting the Brookings, SD Comprehensive Plan 2040 Whereas, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed Brookings, SD Comprehensive Plan 2040 for the City; and Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land Use Map, projects population figures for the planning period, and describes an integrated land use vision for the City; and Whereas, the City Planning Commission of the City of Brookings, SD has recommended approval of the Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17. Now, Therefore, Be It Resolved that the Brookings, SD Comprehensive Plan 2040 is hereby adopted for the City of Brookings, with said plan to supersede the previous Vision 2020 Comprehensive Plan. The Brookings, SD Comprehensive Plan 2040 shall be on file in the office of the City Clerk and is available for public inspection by any interested person. City Manager Contract. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, to offer an Employment Agreement to Paul Briseno as the new City Manager. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. CITY MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made and entered into this 24th day of April, 2018, by and between the CITY OF BROOKINGS, State of South Dakota, a municipal corporation, hereinafter referred to as “City”, and Paul Briseno, hereinafter referred to as “City Manager”. WITNESSETH: WHEREAS, the City desires to employ the services of Paul Briseno as City Manager; and WHEREAS, it is the desire of the governing board, hereafter referred to as the “Council”, to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said City Manager; and WHEREAS, City Manager desires to accept employment as City Manager of the City of Brookings; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Paul Briseno as City Manager of the City of Brookings, to perform the work and duties provided in the City Charter of the City of Brookings, and to perform such other legally permissible and proper functions and duties as the Council may from time to time assign. Section 2. Employment Status as “Exempt”. Exempt Status: It is agreed and understood that City Manager is an exempt employee and is not eligible for overtime under the Fair Labor Standards Act. Section 3. Salary. City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of $135,000.00, payable in installments through the payroll system on a monthly basis at the same time as the other management employees of the City are paid. The City Manager will be eligible for a one (1) year anniversary pay increase, subject to satisfactory performance. Eligible salary adjustments will be considered annually, thereafter, in a percentage range equal to or greater than those given to other management employees and are subject to Council approval and a satisfactory performance evaluation. Section 4. Residency. The City Charter requires that the City Manager reside within the City and the City Manager may reside outside the City while under Contract only with the approval of the Council. Section 5. Performance Evaluation. A. The Council shall conduct a review of the performance of the City Manager at least annually. Said performance review and evaluation shall be in accordance with specific criteria developed by the City Council following consultation with the City Manager. Said criteria may be revised as the Council may from time to time determine, following consultation with City Manager. Further, the Mayor shall provide the City Manager with a summary written statement of the Council’s findings following the City Manager’s performance review and evaluation by the Council, and shall provide an adequate opportunity for the City Manager to discuss his performance evaluation and findings with the Council. B. Annually, the Council and City Manager shall define goals and performance objectives that they determine necessary for the proper operation of the City of Brookings and in the attainment of the Council’s policy objectives and shall further establish a relative priority among those various goals and objectives. They shall generally be attainable within the time limitations as specified and with the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and City Manager also mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work. It is recognized that City Manager must devote significant time outside normal office hours to the business of the City, and, to that end, City Manager will be allowed to take compensatory time off as deemed appropriate during normal office hours. Section 7. Outside Activities. City Manager shall not engage in teaching, consulting or other non-City-connected business without the prior approval of the Council. Section 8. Moving and Relocation Expenses. A. City Manager shall obtain two (2) quotes for costs associated with packing and moving household goods. City Manager shall be reimbursed, or City may pay directly for the expenses of packing and moving City Manager, City Manager’s family, and City Manager’s personal property from Kearney, NE to the City of Brookings, with said payment or reimbursement not to exceed the sum of $11,250 which shall include unpacking, any storage costs necessary, insurance charges and any other actual documented moving expenses allowed by IRS regulations. B. The City will provide City Manager with $1,500 per month for a period not to exceed six (6) months to cover expenses and related costs for temporary housing until the time City Manager is able to relocate permanently. C. Should City Manager leave the City Manager position in Brookings voluntarily, City Manager will be required to reimburse the relocation costs paid to City Manager by the City according to the following schedule: 1. Leave position within first year – 100% reimbursement 2. Leave position within second year – 50% reimbursement 3. Leave position within third year – 25% reimbursement 4. Leave position within fourth year and thereafter – 0% reimbursement. Section 9. Holidays, Vacation, and Sick Leave. A. The City Manager will be granted the same number of holidays as other management (exempt) employees of the City. B. Upon employment, the City Manager will receive a two (2) week bank of vacation leave and will be given credit for ten (10) years of service, and, in accordance with City policy, the City Manager will accrue vacation time at the rate of 13.33 hours per month to accrue until the maximum 280 hours allowed per current City policy is reached. This particular policy will not apply to longevity pay. C. Upon employment, the City Manager will receive a one hundred sixty (160) hour (4 week) bank of sick leave. The City Manager will accrue sick leave in accordance with the City rate of 12 hours per month to be used against the sick leave bank and continue to accumulate to the maximum of 1500 hours allowed based on employment date after January 1, 2013, per current City policy. D. The City of Brookings shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City ordinances or any other law. All provisions of the Brookings City Code, City ordinances, resolutions, regulations and rules of the City of Brookings relating to holidays and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to City Manager as they would to other exempt employees of the City of Brookings, in addition to said benefits enumerated specifically for the benefit of the City Manager except herein as provided. Section 10. No Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of City Manager, except to the degree of such a reduction which is applicable across the board for all other management employees of the City. Section 11. Insurance. A. The City will provide City Manager with health, life, dental, and vision insurance coverages at the same rate as other management exempt employees. As per City policy, the City will pay 75% of premiums for health insurance for the City Manager and his dependents, 75% of the single premium toward all plans for dental and vision coverage, and 100% of basic term and AD&D life insurance premiums providing Fifty Thousand Dollars ($50,000) coverage. In addition, the City will offer City Manager participation in the Section 125 Flex plan. Additional insurance coverage may be available at the City Manager’s sole expense. B. City shall furnish and provide City Manager with insurance protection including comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of City Manager arising out of his employment. Section 12. Pension. The City Manager will participate in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction and the City of Brookings participates with a 6% match. In addition, the City shall also contribute five (5%) percent of City Manager’s compensation to a deferred compensation plan selected by the City Manager. Section 13. Automobile. The City will provide the City Manager a car allowance of Five Hundred Dollars ($500) per month for his use to conduct City business within the City and the County of Brookings. The City will reimburse the City Manager for mileage for City related trips made outside the County of Brookings. All travel outside the County limits using City Manager’s personal vehicle will be reimbursed at the current City rate per mile. Calculation of mileage will be based on the distance from Brookings. Section 14. Dues, Conferences, and Subscriptions. A. City agrees to budget and pay for dues and subscriptions of City Manager necessary for his membership and full participation in national, regional, state, and local associations/organizations desirable for his continued professional growth and advancement, and for the good of the City. B. Within budget considerations and Council approval, the City hereby agrees to budget and pay for travel and subsistence expenses for City Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of City Manager and adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state and local governmental groups and committees for the good of the City. C. City also agrees to budget for and to pay for travel and subsistence expenses of City Manager for short courses, institutes and training seminars that are necessary for his professional development and for the good of the City. Section 15. Civic Club Membership and Business Expenses. A. City recognizes the desirability of representation in and before local civic and service organizations, for which City shall pay all membership expenses. City Manager shall report to the City on each such membership and the City will reimburse City Manager or pay directly such membership fees. B. The City shall reimburse City Manager for all employment-related expenses, including, but not limited to meals, cost of registration, travel and mileage and any other subsistence costs relating to the conduct of City Business. C. A City cell phone will be provided to the City Manager and primarily used for business purposes. A reasonable amount of personal use is acceptable as the cell phone is expected to be carried on a routine basis. Section 16. Indemnification. City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties as City Manager. City will compromise and settle any such claim and pay the amount of any settlement or judgment rendered thereon. Section 17. Bond. City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 18. Suspension and Termination. 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 termination (“removal”). A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) 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 termination. 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 termination. The City Manager shall continue to receive full salary until the effective date of a final resolution of termination of employment. Section 19. Termination and Severance Pay. A. The City Manager will serve at the will of the Council and may be terminated immediately in the sole discretion of the City, with or without cause, at any time. B. Should the Council terminate the City Manager’s employment without cause during any year of employment, the City Manager will receive six (6) months of notice or severance compensation. City Manager shall also be compensated for all remaining accrued vacation benefit time to the date of termination. Severance compensation shall be payable on a monthly basis on the same schedule as other management level payroll. Severance compensation shall include all benefits provided in this Agreement. The obligation to pay severance compensation, however, will terminate when the City Manager has obtained a position of comparable responsibility and compensation. C. In the event the City Manager is terminated for cause or for a conviction of a criminal offense, then, in that event, the City shall have no obligation to pay the severance compensation indicated in the above paragraph. Examples of cause may include, but are not limited to: (1) City Manager willfully and continuously fails or refuses to comply with the terms of this Agreement or the policies, standards and regulations of the City as are from time to time established; (2) City Manager shall be found guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the City. D. Nothing in this agreement shall be construed to prevent, limit, or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time or with the right of the City Manager to resign from his position as City Manager of the City at any time. Section 20. Voluntary Resignation. In the event City Manager elects to voluntarily resign or retire, he shall give the City thirty (30) days advance written notice of the intent to terminate employment. Section 21. Other Terms and Conditions of Employment. The City, following consultation with the City Manager, may establish any such other terms and conditions of employment relating to the performance of the City Manager as it deems appropriate from time to time; provided, that such terms and conditions are not inconsistent with or in conflict with the express provisions of this agreement, the City Charter or any law or regulation. No such additional terms or conditions shall be effective unless first reduced to writing and furnished to the City Manager as mutually agreed by the City Manager and the City, as an addendum to this Agreement. Section 22. Vehicle Insurance. The City Manager shall maintain continuously in force with respect to all such vehicles a policy of liability insurance having minimum limits identified in the City Vehicle Driving Policy. The City Manager shall maintain an acceptable driving record as outlined within the City Vehicle Driving Policy, and upon request, shall provide the City’s risk management office with appropriate proof of compliance with the insurance requirements of this Section. Section 23. Powers and Duties of City Manager. The duties and responsibilities of the City Manager shall be in accordance with South Dakota State law, the Brookings City Charter, the City Governance and Ends Policies, all ordinances and resolutions of the City of Brookings, and such policies as shall be adopted from time to time by the City Council. The duties and responsibilities of the City Manager shall include but not necessarily be limited to the following list: The City Manager shall be the chief administrative officer of the City, responsible to the Council for the administration of all city matters placed in the city manager’s charge by or under this Agreement and the City Charter. The City Manager shall: A. Appoint and, when necessary in his discretion, suspend or remove all city employees and appointive administrative officers provided for by or under the City Charter. The City Manager may authorize any administrative employee or officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that employee or officer’s department, office or agency; B. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by other applicable law; C. 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 at City Council meetings; D. See that all laws, provisions of the City Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the City Manager’s direction and supervision, are faithfully executed; E. Prepare and submit the annual budget and capital program to the City Council; F. 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 City Council may require; G. 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 City Council may require; H. 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; I. 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; J. Keep the City Council advised as to the financial condition and future needs of the City; 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; K. Be the personnel director of the City; L. Make recommendations to the City Council concerning the affairs of the City; M. Provide support staff to assist the Mayor and other Council members; and N. Perform such duties as are specified in the City Charter or as may be required by the City Council. Section 24. General Provisions. A. This Agreement shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs and executors of the City Manager. C. Except as expressly provided herein, neither party shall assign rights or delegate duties arising from this Agreement without first obtaining the express written consent of the other. D. Should any provision of this agreement or any portion thereof, be held unconstitutional, invalid, or unenforceable, the remainder of this agreement shall be deemed as severable, shall not be affected and shall remain in full force and effect. E. This agreement is governed by South Dakota law. IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to adjourn the meeting at 6:29 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, 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 18-040,Version:1 Action on Resolution 18-040, a Resolution to remove uncollectible Accounts Receivable from Records. Summary: Allen Construction was contracted to undertake a site cleanup of an old landfill near Flandreau, SD. The material was brought to the Brookings Regional Landfill, which resulted in a disposal fee of $41,660.11. The contractor failed to pay the charges. The City commenced litigation and ultimately won the judgement for the full amount. It has been difficult to collect on this judgement and have discovered the probably of collecting the full amount owed is not likely. As a result, we settled on a payment of $30,000, which has been received. This will necessitate a write-off of $11,660.11. Allen Construction is prohibited from using the Brookings Regional Landfill unless immediate payment will be made at the time of disposal. Fiscal Impact: Impact will be a write-off in the amount of $11,660.11 from the Landfill Disposal Fund. Recommendation: Staff recommends approval. Attachment: Resolution City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Resolution 18-040 Uncollectible Accounts Receivable Removed From Records Whereas, the Brookings Regional Landfill experienced a total of $11,660.11 in uncollectible accounts receivable in 2017 as an uncollectable amount from Allen Construction; and Whereas, efforts to collect and recover the full amount from the customer was unsuccessful; Now, Therefore, Be It Resolved the amount of $11,660.11 in the Landfill accounts receivable be determined as uncollectible and removed from the records. Passed and approved this 8 th day of May, 2018. CITY OF BROOKINGS ___________________________ Keith W. Corbett, Mayor ATTEST: ____________________ Shari Thornes, 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 2018-0222,Version:1 Action on Ex-Officio and other Council Member Appointments. Summary: Mayor Corbett recommends the following appointments: ·Brookings County & City Joint Jurisdictional Committee Council Member Ope Niemeyer Council Member Mary Kidwiler ·Brookings Health System Board of Trustees Council Member Dan Hansen Council Member Mary Kidwiler ·Brookings Municipal Utilities Council Member Ope Niemeyer Council Member Holly Tilton Byrne ·BEDC Board Council Member Dan Hansen ·BEDC Investment Committee Council Member Mary Kidwiler Council Member Ope Niemeyer Council Member Dan Hansen ·East Central Communications Council (E-911) Council Member Patty Bacon ·Joint Powers Board Council Member Nick Wendell Council Member Mary Kidwiler ·Retail Grant Committee Council Member Nick Wendell City of Brookings Printed on 5/2/2018Page 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 18-036,Version:1 Action on Resolution 18-036, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for The Children’s Museum of South Dakota, 521 4th Street, legal description: Lot 101, Block 1 to include adjacent N 1/2 vacated 4th Street, First Addition. Summary: The City of Brookings enters into Wine Operating Agreements for 10-year increments. The Operating Agreement for The Children’s Museum of South Dakota, 521 4th Street, is at the 5-year renewal point. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Resolution 18-036 The Children’s Museum of South Dakota Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Wine Operating Management Agreement between the City of Brookings and The Children’s Museum of South Dakota, Kate Treiber, Executive Director, 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 521 4th Street. 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 5-years of the 10-year agreement. Passed and approved this 8th day of May, 2018. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk WINE OPERATING AGREEMENT - Renewal The Children’s Museum of South Dakota THIS AGREEMENT 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 The Children’s Museum of South Dakota, Kate Treiber, Executive Director,hereinafter referred to as “Manager.” 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 hereto 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 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 estate in the City of Brookings, South Dakota, described as: Lot 101, Block 1 to include adjacent N 1/2 vacated 4th Street, First 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 the remaining five (5) years of the ten (10) year agreement, 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 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 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 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 supercede 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 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 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 8th day of May, 2018. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: 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 18-037,Version:1 Action on Resolution 18-037, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Krave, Marty Syrstad, owner, 1040 22nd Ave. So., legal description: Track E of Lot 3, Southbrook Addition. Summary: The City of Brookings enters into Wine Operating Agreements for 10-year increments. The Operating Agreement for Krave, Marty Syrstad, owner, 3631 Medary Ave. So., is at the 5-year renewal point. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement City of Brookings Printed on 5/4/2018Page 1 of 1 powered by Legistar™ Resolution 18-037 Krave, Inc. Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Wine Operating Management Agreement between the City of Brookings and Krave, Inc., Marty Syrstad, owner, 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 3631 Medary Ave. So. 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 5-years of the 10-year agreement. Passed and approved this 8th day of May, 2018. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk WINE OPERATING AGREEMENT - Renewal Krave, Inc. THIS AGREEMENT 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 Krave, Marty Syrstad, owner,hereinafter referred to as “Manager.” 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 hereto 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 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 estate in the City of Brookings, South Dakota, described as: Track E of Lot 3, Southbrook 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 the remaining five (5) years of the ten (10) year agreement, 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 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 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 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 supercede 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 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 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 8th day of May, 2018. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: 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 18-041,Version:1 Action on Resolution 18-041, a Resolution declaring surplus property: 1999 GMC Suburban (Engineering Department). Summary: This resolution will surplus the 1999 GMC Suburban K1500, formerly used by the Engineering Department. Background: The Engineering Department purchased a Dodge pickup in 2017 as a survey vehicle to replace the 1999 GMC Suburban K1500. This resolution will surplus the 1999 GMC Suburban and the City will sell the vehicle. Fiscal Impact: The City will receive the proceeds from selling the 1999 GMC Surburban. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Resolution 18-041 Resolution Declaring Surplus Property – 1999 GMC Suburban (Engineering Department) Whereas, the City of Brookings is the owner of a 1999 GMC Suburban K1500; and Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager is hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 8th day of May, 2018. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, 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 18-008,Version:2 Second Reading and Action on Ordinance 18-008, an Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Brookings Health System. Summary: This ordinance amends several sub-sections of Sec.42-92 and 93 by updating antiquated language and providing additional considerations for the appointment process. Most changes were requested by the Board or staff of Brookings Health System. Background: Sub-Section (a): Changes membership number of the Board of Trustees from eight (8) to nine (9). Sub-Section (b): Clarifies language pertaining to residency requirement. Sub-Section (d): Adds language pertaining to consideration of appointment of members from recommendations from the existing Board of Trustees including but not limited to specific, applicable experience of potential recommendations. Sub-Section (f): Updates language pertaining to non-discrimination of appointment of Board members. Fiscal Impact: None. Recommendation: Staff recommends approval. Attachments: Ordinance - clean Ordinance - marked City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Ordinance 18-008 An Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Brookings Health System. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Section 1. That Division 1 of Chapter 42, Section 42-92 of the Code of Ordinances of the City of Brookings be amended in its entirety to read as follows: DIVISION 1. GENERALLY Sec. 42-92. – Name, composition, appointment and criteria for appointment. a) The board of trustees is known as the "Brookings Health System Board of Trustees", and consists of nine members. b) Five members of the board of trustees shall be appointed by the mayor with the advice and consent of the city council. Three members of the board of trustees shall be appointed by the Brookings County Commission. A minimum of six members of the board of trustees must reside in the City or County of Brookings. c) One member of the board of trustees shall be a practicing physician representative who is a member of the active medical staff of the Brookings Health System and who has been a member of the active medical staff for at least one year. Physician representatives of the board of trustees shall have all of the voting privileges as other members of the board of trustees, and are not required to reside within the City or County of Brookings. d) Individuals recommended to the city council or to the county commission to serve as members of the board of trustees shall evidence an interest in fostering and maintaining a system of quality health care through support of the mission of the Brookings Health System. The City and County shall also consider, but are not required to appoint, prospective board members recommended by the board of trustees. Prospective board members who are recommended by the board of trustees shall be recommended to represent a particular experience and expertise which would enhance the composition and effectiveness of the board of trustees. In order to fill vacancies in a timely manner, the applications of prospective board members shall be submitted to the City and County by October 30th each year. e) The physician members may be asked at times to recuse themselves if there is a conflict of interest with their particular practice or contractual or other issues under discussion. Advice from physician representatives is particularly needed to provide information from their medical background that would be beneficial to the needs of the Brookings Health System, and, in addition, to represent the members of the active medical staff of the Brookings Hospital. f) Appointment to the board of trustees shall be made without reference to actual or perceived race, color, sex, creed, ancestry, national origin, familial status, marital status, gender identity, disability, sexual orientation, age, religion or political affiliation. II. That Division 1 of Chapter 42, Section 42-93 of the Code of Ordinances of the City of Brookings be amended in its entirety to read as follows: DIVISION 1. GENERALLY Sec. 42-93. – Compensation; terms. a) The members of the board of trustees may be compensated for their service as members of the board of trustees in an amount not to exceed $300.00 per month per member and $400.00 per month for the president. In addition, members of the board of trustees will be reimbursed for reasonable expenses when performing Brookings Health System business. The members of the board of trustees shall be appointed for staggered three-year terms. New members shall be appointed prior to January 1st of each year. No members may serve more than three consecutive 3-year terms. A partial term may be served in addition to this limit. b) If a board member resigns or is disqualified prior to the end of their term, the city or the county, as the case may be, shall appoint a new board member to complete the departing board member’s term following a process similar to that for a regular appointment. The city or county, as the case may be, shall communicate a deadline for submission of recommended candidates for the new appointment to the board of trustees. c) If a member is absent more than 50 percent of the meetings annually without authorization of the board, the member shall automatically be disqualified from serving on the board, and a replacement shall be appointed. III. Any or all ordinances in conflict herewith are hereby repealed. First Reading: April 24, 2018 Second Reading: May 8, 2018 Published: May 11, 2018 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk Ordinance 18-008 An Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to the Brookings Health System. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Section 1. That Division 1 of Chapter 42, Section 42-92 of the Code of Ordinances of the City of Brookings be amended in its entirety to read as follows: DIVISION 1. GENERALLY Sec. 42-92. – Name, composition, appointment and criteria for appointment and name. a) The board of trustees is known as the "Brookings Health System Board of Trustees", and consists of nine eight members. In addition, physician- representatives are appointed as described below. b) Five members of the board of trustees shall be appointed by the mayor with the advice and consent of the city council and may reside within or outside the city limits, provided they reside within and are electors of the County of Brookings. Three members of the board of trustees shall be residents and electors of the County of Brookings and may reside within or outside the limits of the City of Brookings, shall be appointed by the Brookings County Commission. A minimum of six members of the board of trustees must reside in the City or County of Brookings. Members of the Board of Trustees are not required to reside within the City or County of Brookings. However, a minimum of six members must reside in the City or County of Brookings. c) In addition, One member of the board of trustees shall be a The board of trustees shall also include at least one practicing physician representative who is a member of the active medical staff of the Brookings Health System and who has been a member of the active medical staff for at least one year. Physician representatives of the board of trustees shall have all of the voting privileges as other members of the board of trustees, and are not required to may reside within or outside the city limits, provided they reside within the City or County of Brookings. d) Individuals recommended to the city council or to the county commission to serve as members of the board of trustees shall evidence an interest in fostering and maintaining a system of quality health care through support of the mission of the Brookings Health System. The City and County shall also consider, but are not required to appoint prospective board members recommended by the board of trustees. Prospective board members who are recommended by the board of trustees shall be recommended to represent a the particular experience and expertise which would will enhance the composition and effectiveness of the board of trustees. In order to fill vacancies in a timely manner, the applications of prospective board members shall be submitted to the City and County by October 30th each year. e) The physician members may be asked at times to recuse themselves if there is a conflict of interest with their particular practice or contractual or other issues under discussion. The term of appointment shall be for three years. Advice from physician representatives is particularly needed to provide information from their medical background that would be beneficial to the needs of the Brookings Health System, and, in addition, to represent the members of the active medical staff of the Brookings Hospital. f) Appointment to the board of trustees shall be made without reference to actual or perceived race, color, sex, creed, ancestry, national origin, familial status, marital status, gender identity, disability, sexual orientation, age, handicap, religion, country of origin, or political affiliation. II. Section 1. That Division 1 of Chapter 42, Section 42-93 of the Code of Ordinances of the City of Brookings be amended in its entirety to read as follows: DIVISION 1. GENERALLY Sec. 42-93. – Compensation; terms. a) The members of the board of trustees may be compensated for their service as members of the board of trustees in an amount not to exceed $300.00 per month per member and $400.00 per month for the president. In addition, members of the board of trustees will be reimbursed for reasonable expenses when performing Brookings Health System business. The members of the board of trustees shall be appointed for staggered three-year terms. New members shall be appointed prior to January 1st of each year. No members may serve more than three consecutive 3-year terms. A partial term may be served in addition to this limit. b) If a board member resigns or is disqualified prior to the end of their term, the city or the county, as the case may be, shall appoint a new board member to complete the departing board member’s term following a process similar to that for a regular appointment. The city or county, as the case may be, shall communicate a deadline for submission of recommended candidates for the new appointment to the board of trustees. If a board member resigns or is disqualified prior to the end of their term, the mayor, with the advice and consent of the city council or the county commission, as the case may be, shall appoint a new board member to complete the resigning board member's term. c) If a member is absent more than 50 percent of the meetings annually without authorization of the board, the member shall automatically be disqualified from serving on the board, and a replacement shall be appointed. III. Any or all ordinances in conflict herewith are hereby repealed. First Reading: April 24, 2018 Second Reading: May 8, 2018 Published: May 11, 2018 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Shari Thornes, 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 18-006,Version:2 Public Hearing and Action on Ordinance 18-006, an Ordinance rezoning the S 105’ of Lot 2, Block 7, Morehouse Addition (907 8th Street); S 105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S 105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) from Residence R-2 Two-Family District to Business B-2A Office District. Summary: South Dakota State University Foundation is requesting to rezone three (3) lots in order to use the property for parking. Background: The property is located along 8th Street immediately west of the SDSU Foundation building and is currently zoned R-2 within the University Historic District. The SDSU Foundation building expansion was constructed in 2016, which resulted in the loss of parking area. The university would like to relocate the two (2) existing homes on the property and construct a parking lot to better meet the parking demands. The general area includes a mix of single-family, two-family, multi-family and university offices uses. The 2020 Comprehensive Plan recommends nodes of business development around major intersections such as Medary and 8th Street. The plan also seeks to provide a variety of complimentary uses and districts. While there will be encroachment of a parking lot into a residential neighborhood, the Zoning Ordinance has requirements to help mitigate negative impacts. The ordinance requires a landscape buffer from any abutting residential district and any development, including a parking lot, would need to be in compliance with the landscaping regulations. A site plan for the parking lot will be reviewed by City staff to ensure the 25 foot residential buffer and landscaping requirements are met. Planning Commission Recommendation: The Planning Commission voted 5-0 to recommend approval of the rezoning request on April 3, 2018. Findings of Fact: 1. The Vision 2020 Comprehensive Plan supports a mix of compatible uses near major intersections. 2. The B-2A District is the least intensive business district and it is designed to be a transition zone between residential and more intensive business uses. Attachments: Ordinance Planning Commission Minutes 4/3/2018 Revised Notice 3/23/2018 City of Brookings Printed on 5/2/2018Page 1 of 2 powered by Legistar™ File #:ORD 18-006,Version:2 Notice 3/20/2018 Area Map Rezoning Map B-2A District Applicant Letter Site Plan City of Brookings Printed on 5/2/2018Page 2 of 2 powered by Legistar™ Ordinance 18-006 An Ordinance to change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: S 105’ of Lot 2, Block 7, Morehouse Addition; S 105’ of Lot 3, Block 7, Morehouse Addition; S 105’ of Lot 4, Block 7, Morehouse Addition Be and the same is hereby rezoned and reclassified from Residence R-2 Two- Family District to Business B-2A Office District In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading:April 24, 2018 Second Reading and Adoption:May 8, 2018 Published:May 11, 2018 CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota April 3, 2018 OFFICIAL MINUTES Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order on Tuesday, April 3, 2018, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Gregg Jorgenson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen, and Fargen. Alan Johnson and Charles Siver were absent. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Barb Teal Director of Operations of the SDSU Foundation, and others. Aiken and Tornquist recused themselves. Item #5a – South Dakota State University has submitted a petition to rezone the S105’ of Lot 2, Block 7, Morehouse Addition (907 8th Street); S105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) from Residence R-2, Two-Family District to Business B-2A Office District. (Pierce/Jorgenson) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – This is a rezone request for three properties along 8th Street, immediately west of the SDSU Foundation. The university will relocate the houses and use these lots to construct a parking lot to better meet the parking demands. Due to a recent addition to the Foundation building, a parking shortage has resulted. The zoning ordinance does have regulations to mitigate the effect of a parking lot abutting a residential district. The ordinance does require a landscape buffer between any residential district and a parking lot. The site plan for the parking lot will be reviewed by city staff to ensure that the 25 foot buffer is implemented and the landscaping regulations are followed. Pierce asked what other uses would be allowed in the B-2A zone if the Foundation were to change their minds down the road. Does the Commission have the ability to limit the use to just a parking lot? Bungard stated that the commission cannot limit the uses. Pierce also wondered if trees would be required in this parking lot based on the new landscape ordinance? Bungard stated yes, the City will require tree plantings based on the impervious area. Drew wondered if the three lots together would total more than an acre? Staff stated no. Pierce inquired if the Foundation owned the property located on the southeast corner. Teal stated no. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. REVISED NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That South Dakota State University Foundation submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: S 105’ of Lot 2, Block 7, Morehouse Addition (907 8th Street); S 105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S 105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) from Residence R-2 Two-Family District to Business B-2A Office District NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 3, 2018, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 26 th day of March, 2018. ____________________________ Staci Bungard City Planner If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That South Dakota State University Foundation submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: S 105’ of Lot 2, Block 7, Morehouse Addition (907 8th Street); S 105’ of Lot 3, Block 7, Morehouse Addition (911 8th Street); S 105’ of Lot 4, Block 7, Morehouse Addition (915 8th Street) NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 3, 2018, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 23 rd day of March, 2018. ____________________________ Staci Bungard City Planner 8T H ST9TH AVESDSU Foundation Map Legend Property ² 8TH ST 7TH ST 9TH AVE8TH AVE9TH ST MEDARY AVE11TH AVE9TH ST SDSU Foundation Area Zoning Map Legend Property Zoning A B-2A R-2 R-3 ² R-2 to B-2A Sec. 94-133. - Business B-2A office district. (a) Intent.This district is intended to provide for a mixture of office and other compatible and complimentary uses. This district is intended to be located in close proximity to commercial uses or used as a transitional zone between commercial and residential uses. An emphasis shall be placed on landscaping and site arrangement. (b) Scope of regulations.The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-2A office district. (c) Permitted uses. (1) Office building. (2) Funeral home or mortuary. (3) Broadcast station or studio. (d) Permitted special uses.A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Service store or hair salon. a. Floor area shall not exceed 2,000 square feet. b. No tanning beds shall be allowed in conjunction with these uses. (2) Personal health service. a. Hospital not allowed. (3) Coffee house. a. Floor area of the use shall not exceed 1,000 square feet. (e) Conditional uses. (1) Home occupation. (2) Mixed business/residential use. (3) Financial services. (4) Community center. (5) Broadcast tower. (f) Density, area, yard and height regulations.The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet * 20 feet* 35 feet *A 25-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory uses.Accessory uses and building permitted in the B-2A district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations.Parking, loading and stacking within the B-2A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations.Signs within the B-2A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations.Development within the B-2A district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 07-07, § I, 2-27-2007; Ord. No. 04-12, § 1, 3-27-2012) 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 18-007,Version:2 Public Hearing and Action on Ordinance 18-007, an Ordinance rezoning Bluegill Third Addition from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single-Family District. Summary: The applicant is seeking approval of a rezoning request for the land contained within Bluegill Third Addition for the purpose of future residential development. A Preliminary Plat for a portion of the area will be reviewed at the time of Second Reading of Ordinance by the City Council. Background: The property is located east of Bluegill 2nd Addition and is currently vacant. The general area is residential in nature. The rezoning request would allow for the construction of residential homes in a future phase of development. The property north of 23rd Street South was included on a Preliminary Plat approved on May 23, 2016 and the land was rezoned from Agricultural to R-1C on July 14, 2016. The remainder of the property is zoned Agricultural. The R-1C and R-1D District are very similar as they both allow for single-family residential development; however the R-1D allows for slightly smaller lot sizes and reduced setbacks. Findings of Fact: 1. The Vision 2020 Comprehensive Plan shows this land area for future residential development. This request is consistent with the approved Comprehensive Plan. 2. City utilities are available to the property. 3. The rezoning request provides for a logical extension of residential land and fits with the surrounding land uses and zoning districts. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the rezoning request on April 3, 2018. Attachments: Ordinance Planning Commission Minutes 4/3/2018 Notice Rezoning Map Rezoning Exhibit R-1C District R-1D District City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Ordinance 18-007 An Ordinance to change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Bluegill Third Addition Be and the same is hereby rezoned and reclassified from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single-Family District In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: April 24, 2018 Second Reading and Adoption: May 8, 2018 Published:May 11, 2018 CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota April 3, 2018 OFFICIAL MINUTES Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order on Tuesday, April 3, 2018, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Gregg Jorgenson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen, and Fargen. Alan Johnson and Charles Siver were absent. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Barb Teal Director of Operations of the SDSU Foundation, and others. Aiken and Tornquist returned to the Commission. Item #5b –Bluegill Inc has submitted a petition to rezone all of Bluegill Third Addition from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single- Family District. (23rd Street South & Ace Avenue.) (Aiken/Jorgenson) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b – This is a rezoning request in the Bluegill 3rd Addition for future residential development. A preliminary plat will be reviewed simultaneously with this rezoning request. This property is located east of Bluegill 2nd Addition and is vacant. The general area is residential in nature. The rezoning request will allow for a future phase of development. A preliminary plat was approved for a portion of this land in May of 2016 and was rezoned from Ag to R-1C. The R-1C and R-1D Districts are similar as they both allow for single family residential. However, the R-1D District calls for slightly smaller lot areas and setbacks. Rasmussen questioned why Lucerne Avenue isn’t extended north on the Preliminary Plat but it is on the Final Plat. Bungard explained that the City Council required the extension of this right of way on the preliminary plat. Tornquist is wondering why there isn’t any requirements for drainage. Lanning explained that this is a rezone request and typically drainage isn’t a requirement during a rezone request, but will be reviewed with the platting. Jorgenson wondered if there would be a benefit to keeping this area zoned R-1C since the lots to the west are zoned R-1C. Bungard explained that the R-1D district has slightly different setbacks and the lot square footage requirement is similar. Tornquist questioned “if this rezone request is approved, the developer could possibly have alot more lots?” Bungard stated that they could, but based on the upcoming preliminary plat, that isn’t going to be the intent of the developer. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Bluegill Inc. submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: All of Bluegill Third Addition from A, Agricultural District and Residence R-1C Single-Family District to Residence R-1D Single-Family District. (23rd Street South & Ace Avenue) NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 3 rd, 2018, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 23 rd day of March, 2018. ____________________________ Staci Bungard City Planner Brookings County, SD Rezoning Bluegill Third Addition 509 ft Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads Ag to R-1D R-1C to R-1D 2 2 3 3 4 5 4 6 5 7 6 8 9 7 L------- 10 8 \2 - SHEET 1 OF 2 2 3 4 5 PLAT OF 23RD STREET SOUTH; CASCADE CIRCLE; LUCERNE AVENUE; LUCERNE CIRCLE; GREY GOOSE STREET; AND ACE AVENUE RIGHT OF WAYS IN BLUEGILL 2ND ADDITION AND BLUEGILL 3RD ADDITION ALL IN THE NE1/4 OF SECTION 1-T109N-:-R50W OF THE 5TH P.M., IN THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA 8 N1320" OF N1350" EXC. W 312' & EXC. E1128.5' & EXC. OL'S 2 & 3 EXC. N 40' THEREIN OF NE1/4 SEC. 1-T109N-R50W S30' OF N1350' EXC. W312' & EXC. E1128.5' OF NE1/4 SEC.1-T109N-R50W, .--- BLUEGILL 2ND ADDITION -� 0 � N8a·o2•24•e Naa·o2•24"e -150.18' --199.BT - --" ... o 2l ..J -. -- N8a·o2•24•e 345.79' 23RD ST.S. 20,724± S.F. N1320' OF N1350' OF E1128.5' EXC. N40' & EXC. OL 1 & EXC. PART OF LOT 1 RICHARD PRICE ADDITION IN NE1/4 SEC. 1-T109N-R50W S30' OF N1350' RICHARD PRICE ADDITION IN NE1/4 SEC. 1-T109N-R50W LOT 1 RICHARD PRICE 1ST ADDITION OF E1128.5' EXC. PART QF LOT 1 1� N88°02'24"..=EC.--:",-----t----- -· 383.52' • Lo 1 BLUEGILL 3RD ADDITION \ I I I I 0 20623-00-08 G GEO DETIC BEARING 100' 200' SCALE: 1" = 200' --n_ i 2l -_-_23RD ST._: L---;2:.::3:..:R=-D �S_T_. sr·--i--7r-o:_:L:.:.1 (;[660'��'1 ----Y l I �o· \ � ·-345.03' saa·o2•24-w -, \ 18 24TH ST. S . CIRCLE 12 �- -- 4 3 4 15 CURVE# C1 C2 C3 C4 cs C6 C7 CB cs C10 C11 C12 ;i:: r�·W �� d . �}8 ! � 'II""..... (J +I 2 �� '·<a:>.! . g�< (),I- �,§> c12 BLUEGILL 2ND ADDITION CURVE TABLE ARC LENGTH RADIUS CHORD LENGTH 187.05' 370.00' 185.06' 234.7T 530.00' 232.85' 17.72' 530.00' 17.72' 175.25' 60.00' 119.27' 138.91' 60.00' 109.90' 186.43' 470.00' 185.21' 201.85' 530.00' 200.63' 314.16' 60.00' 60.00' 180.83' 470.00' 179.72' 30.65' 470.00' 30.64' 215.82' 430.00' 213.56' 314.16' 60.00' 60.00' o.VI -w . L-----r _____ _, LOT2A J :, LL. z rn w -H t; � RICHARD PRICE 1ST ADDITION LEGEND ., (.) NB8°02•24•e \[J\ 27.61' J l)l{1P ..,""� -�(\\ - -NE C\RC\ 1:-'0 .* \.I.IC�2Q:1:S.F-V� $ e:I 2 , :::::--p._o.VI - BLUEGILL 3RD ADDITION � r Ci Naa·o2•24•e J � L-N88"02'24"E 248.90' � � w "'. �� 60' R.O.W. ...."'"' ..,. "'� � 21.51• -I�"' GREY GOOSE ST. \-l----t\!?��-�71if6,°'f77�0±�Sj.F,=_ �11 SE1/4 NE1/4 -�C3 I 60' I 310.11' sa5•02•24-w EXCLUDING W44' THEREOF AND EXCLUDING N30' AND EXCLUDING THE E300' THEREOF AND EXCLUDING PLATTED AREAS SEC.1-T109N-R50W CHO RD BEARING s14•5703•e s15•44•35•e S3°23'43"W s2a·o1•4rw N1°58'13"W N7"00'37"W sn·o7'45"W N1"5T36"W Nn"01'04"E N27"33'54"W N15"03'17"W S88"11'35"W ··-·· Line Table LINE# LENGTH L1 84.96' L2 110.00' L3 60.00' L4 110.00' L5 110.00' L6 60.00' L7 60.00' 1/4 LINE SE1/4 EXCLUDING E300' OF N940' THEREOF AND EXCLUDING S1700' THEREOF SEC. 1-T109N-R50W DIRECTION S88"02'24"W N1°57'36"W N88°02•24•e N1"57'36"W N1"57'36"W NB8°02•24•e N2 °40'57"W saa·2T41"W 1313.75' ---' 1 I I I I \ 0 • MONUMENT FOUND MONUMENT SET THIS SURVEY (5/8" REBA R WITH STAMPED PLASTIC CAP#10957) NEW UTILITY EA S EMENT (UE) EXI STING UTILITY EASEMENT \ SE1/4 NE1/4 E300' SE1/4 NE1/4 1,111111111,1 I EXCLUDINGPLATTED AREA 1111 cSSION,1 111, SEC. 1-T109N-R50W �'6oG' t-"'L I 111 I ,7_ '"" ••••••••••• '-4� ... , I � <:::> •• tG. No •• <:? .:,. � _'-iJ •• � • . •• ll'�I §§ :·10957 \ � � •(,I")··.c::::-:1-: AU STI N L. : r,: _c:..:,. ·:-<•• w i-!1�. J O -' HNSON / .::o : • S'.---wr--• • � -... :hr,;_ • --:�-..,;- � ... . ,� .. ]�#•,,L2- 1 - ,J�... . .. ,, PREPARED BY: --BANNER ASSOCIATES, INC. 409 22nd AVE. S. BROOKINGS, SD 57006 (605) 692-6342 DECEMBER 2016 R-1C to R-1D Ag to R-1D Ag to R-1D Rezoning Exhibit for Bluegill Third Addition Ag to R-1DI 20623-00-08 SURVEYOR'S CERTIFICATE I, Austin L. Johnson, a Professional Land Surveyor in the State of South Dakota, do hereby certify that I did, on or before October 17, 2016, at the request of the owner(s) listed hereon, survey a portion of that parcel of land described as BLUEGILL 2ND ADDITION AND BLUEGILL 3RD ADDITION; AND THE SE1/4 OF THE NE1/4 OF SECTION 1-T109N-R50W OF THE 5TH P.M., IN THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA, and platted the same as shown on the above plat. A portion of the same shall hereafter be known and described as 23RD STREET SOUTH; CASCADE CIRCLE; LUCERNE AVENUE; LUCERNE CIRCLE; GREY GOOSE STREET; AND ACE AVENUE RIGHT OF WAYS IN BLUEGILL 2ND ADDITION AND BLUEGILL 3RD ADDITION ALL IN THE NE1/4 OF SECTION 1-T109N-R50W OF THE 5TH P.M.1 IN THE CITY OF BROOKINGS. BROOKINGS COUNTY. SOUTH DAKOTA. I have surveyed the tract of land shown, and to the best of my knowledge and b_ellef, said plat is an accurate representation of said survl. IN WI_TNESS WHEREOF, I have hereunto set my hand and seal this / ;.). rl-1 day of Dec e J/Vl h-e ( , 20 { . . OWNER'S CERTIFICATE u j Professional Land Surveyor Registration No. 1 0957 Brookings, South Dakota 57006 "J:elephone (605) 692-6342 We, Blueglll Inc., owners of a tract of land shown in the above plat, hereby certify that we did authorize and do join In and approve the above survey and plat, and that the development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. There is hereby granted to the City of Brookings, or to the holder of any utility franchise, an easement al the locations shown in the above plat for the purpose of installing and maintaining any utility line. Any land shown in the above plat and designated as a street, road, alley, park or public ground is hereby dedicated to public use as such forever, but such dedication shall not be construed to be a donation of the fee of such land. IN WITNESS WHEREOF, we have executed this Owner's Certificate this ,20 -1iz_. STATE OF SOUTH DAKOTA COUNTY OF BROOKINGS } SS On this day, before me, the undersigned, a Notary Public, within and for the State and County aforesaid, personally appeared Janet K. Mendel and Wade A. Price an "' knowledged that they, rs cretary and President of Bluegill Inc., being authorized so to do, executed the foregoing Owner's Certificate for the purpose therein contained. IN w1T��Mlflll��[§�r,lnf�sl'i��1-11l1�-:.,jr��¼t&-�v"@1 Ot c fvn VJ e v . 20 �. • t7t[J� f LAURIE S. RI-\S1\7 J0,:, -N ,r f.�"\ NOT1\llV r)uauc /��'\ j ( 1 --11 ,_. )-o S ��) SOISfH DA;\OTA V_,,� s f My Commission f.l<pires 6/17/2020 J OWNER'S CERTIFICATE We, J�et;Hi,ta,fttl\wf-a"rftl-..!lde}M�ri'delf'ot-JFie"r11�j!,if"ff116Pc:h-1and shown in the above plat, hereby certify that we did authorize and do join in and approve the above survey and plat, and that the development of this land shall conform to all existing applicable zoning, subdlvision and erosion and secjiment control regulations. There is hereby granted to the City of Brookings, or to the holder of any utility franchise, an easement at the locations shown in the above plat for the purpose of installing and maintaining any utility line. Any land shown in the above plat 11ncj designated as a street, road, alley, park or public ground is hereby dedicated to public use as such forever, but such dedication shall not be construed to be a donation of the fee of such land. \ c-----lN WITNESS WHEREOF, we have executed this Owner's Certificate this �-.:2�_day of STATE OF SOUTH DAKOTA } COUNTY OF BROOKINGS SS �K� v��✓A/ �-M/ el On this day, before me, the undersigne. d, a Notary Pul;>lic, within and for the State and County aforesaid, personally appeared Janet K. Mendel and Joe Mendel a�d ac owl dged that they, as owne�s. eing authorized so to do, executed the foregoing Owner's Certificate �he purpose therein contained. t / n , ;S· 11¥��!f'i;iv"�fi1�}9):/1jw.slfA!:".;f,tt1$�*_��jay of a e ce vY10r V '20 \ii. /"'/\ . .711 t�, LAUHIE S. H/\SMUS0 ' --·�--�----�=--------------------=::::..-.. l''()"T-� I::,'{ f'.>LJ"ll ,,-, .. '.- • Notary Pubh� _ 1 ,..,.. '(1 � 'oJ: $!:;AL) "·-I, ' . i:, .IC (_�::;_,;;�-:._}-...L'\ J' • My Comm1ss1on Expires V ti" ,J_ -� SOUTH D/\KOTA � .I'$My Commission EJ<pires 6/i7/2020 $+c.�..,��'-}'½t�\',�,i,..½'-;('!lt.��}t;�'½--1-CITY MANAGER'S CERTIFICATE WHEREAS, Blueglll Inc., and Janet K. Mendel and Joe Mendel, owners of the hereinafter described real property have submitted a proposed Plat of 23RD STREET SOUTH; CASCADE CIRCLE; LUCERNE AVENUE; LUCERNE CIRCLE; GREY GOOSE STREET; AND ACE AVENUE RIGHT OF WAYS IN BLUEGILL 2ND ADDITION AND BLUEGILL 3RD ADDITION ALL IN THE NE1/4 OF SECTION 1-T109N-R50W OF THE 5TH P.M., IN THE CITY OF BROOKINGS. BROOKINGS COUNTY. SOUTH DAKOTA, and whereas the City Manager of said City, being the duly authorized administrative official authorized to approve plats, has examined the proposed plat and it appears that all municipal taxes and special assessments, if any, upon said plat and survey, have been executed according to law and further declares that access to the public streets as shown hereon, subject to all applicable municipal ordinances, is hereby granted except as may be designated "no access" on the attached plat. NOW, THEREFORE, BE IT RESOLVED THAT said plat and survey by and are hereby In all things accepted and approved . .,.... DATED THIS Q� -DAY OF �� 'it-, 20 �- CITY CLERK'S CERTIFICATE City Manager, City of Brookings, South Dakota ( -4�,vq) /}; I 'I I DIRECTOR OF EQUALIZATIONl,, ___ D� ___ [_,_s ___ �L--__ 1_/_ LI_ �0 _____ . Director of Equalization, Brookings County, South Dakota, do hereby certify that a copy of the above plat has I, � .\(' ,¥•1 51 ) s--eitd records in my office, have been paid in fullv ST A TE OF SOUTH DAKOTA } COUNTY OF BROOKINGS SS Filed for record this __!J__ day of --S-� . A.O., 20 J1__ at SHEET 2 OF 2 COUNTY FINANCE CERTIFICATE REGISTER OF DEEDS ?5 1 () ◊ o'clock _/J__ .m., and recorded in Book 3 ) of Plats on page __ _,_ ___ therein. Sec. 94-125.5. - Residence R-1C single-family. (a) Intent.This district is intended to provide for areas of residential use with a gross density of approximately six dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities, such as parks, playgrounds, schools, and churches. (b) Scope of regulations.The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1C single-family district. (c) Permitted uses. (1) Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc. (2) Family day care. (d) Permitted special uses.A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (1) All permitted special uses and conditions as stated in section 94-124(d) (R-1A). (2) Park, community. a. One of the frontages of the premises shall abut upon an arterial or collector street. (e) Conditional uses. (1) Retirement or nursing home. (2) Two-family dwelling. (3) Group home. (4) Major home occupation. (5) Public recreation facility. (6) Bed and breakfast establishment. (f) Density, area, yard and height regulations.The R-1C district regulations are as follows: Per Unit Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Single-family 7,500 7,500 50 feet 25 feet 7 feet 25 feet 35 feet Two-family 5,625 11,250 75 feet 25 feet 7 feet 25 feet 35 feet Other allowable uses 10,000 75 feet 25 feet 10 feet 25 feet 35 feet Density per family requirements do not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms. (g) Accessory uses.Accessory uses and buildings permitted in the R-1C district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations.Parking, loading and stacking within the R-1C district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations.Signs within the R-1C district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations.Development within the R-1C district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 42-10, § 1, 1-11-2011) Sec. 94-125.7. - Residence R-1D single-family. (a) Intent.This district is intended to provide for areas of residential use with a gross density of approximately seven dwelling units per acre or less. The district permits single-family detached dwellings, single-family attached dwellings, and supportive community facilities such as parks, playgrounds, schools, and churches. (b) Scope of regulations.The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the residence R-1D single-family district. (c) Permitted uses.Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted special uses.A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (1) All permitted special uses and conditions as stated in section 94-124(d) (R-1A). (2) Single-family zero feet side yard dwelling. a. A maximum of two attached dwelling units are permitted. (3) Private school of general instruction. a. One of the frontages of the premises shall abut upon an arterial or collector street. (4) Family day care. a. Restricted to 12 or less children at any one time. (e) Conditional uses. (1) Retirement or nursing home; (2) Two-family dwelling; (3) Group home; (4) Major home occupation; (5) Public recreation facility. (f) Density, area, yard and height regulations.The R-1D district regulations shall be as follows: Per Unit Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min Side Yard Min. Rear Yard Max. Height Single-family 6,000 6,000 50' 20' 6' 20' 35' Single-family, 0 feet side yard - 2 units 6,000 12,000 80' 20' 0'* 20' 35' Two-family 4,500 9,000 75' 20' 6' 20' 35' Other allowable uses 10,000 75' 20' 6' 20' 35' * Or 6' on non-party wall Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms. (g) Accessory uses.Accessory uses and buildings permitted in the R-1D district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations.Parking, loading and stacking within the R-1D district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations.Signs within the R-1D district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations.Development within the R-1D district shall be in conformance with the regulations set forth in article II of this chapter. ( Ord. No. 16-004 , § 1, 2-9-2016) 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 2018-0231,Version:1 Action on a Preliminary Plat for Lots 1-10, Block 1, Bluegill Third Addition Summary: The applicant is seeking Preliminary Plat approval for ten (10) new lots for the purpose of future residential development. A rezoning request to change the zoning from A, Agricultural to Residence R -1D Single-Family is being considered simultaneously. Background: The land area is south of an extension of 23rd Street South with Lucerne Avenue to the west, Grey Goose Street to the south, and Ace Avenue to the east. All of the streets have already been platted and the developer is working to extend the infrastructure and construct the streets. Primary access will be provided by 23rd Street South. Lucerne Avenue and Ace Avenue will both eventually continue north to 20th Street South providing secondary access. The secondary access requirement will need to be met prior to recording a final plat for this land area. Findings of Fact: 1. The Preliminary Plat is showing adequate access and right-of-way widths and block lengths. The overall subdivision design meets the requirements. 2. The lot sizes and frontage requirements are met for the proposed R-1D District. 3. City services are available and will be extended to serve the property. 4. The secondary access requirement will apply at the Final Plat stage. 5. All necessary easements shall be shown on the Final Plat. City Engineer’s Comments: There are no additional drainage requirements for this plat. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the rezoning request. Attachments: Planning Commission Minutes 4/3/2018 Hearing Notice Preliminary Plat Aerial Map City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ Planning Commission Brookings, South Dakota April 3, 2018 OFFICIAL MINUTES Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order on Tuesday, April 3, 2018, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Gregg Jorgenson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen, and Fargen. Alan Johnson and Charles Siver were absent. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Barb Teal Director of Operations of the SDSU Foundation, and others. Item #6a –Bluegill Inc has submitted a preliminary plat of Lots 1-10, Block 1, Bluegill Third Addition. (Tornquist/Jorgenson) Motion to approve the preliminary plat . All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a –This is a preliminary plat for ten new lots for future residential development in the Bluegill Third Addition. Primary access will be provided by 23rd Street South. Lucerne Avenue and Ace Avenue will both eventually continue north to 20th Street South to provide a secondary access. The secondary access requirement will need to be met prior to final platting this area. Pierce wondered where the water from this area would drain. Lanning stated that generally in this area the water flows south and west to the detention pond. Tornquist asked if a final drainage plan will be required. Lanning stated that the final drainage plan will be reviewed when the final plat is reviewed. If you require assistance,alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Bluegill Inc. has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 1-10, Block 1, Bluegill Third Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 3, 2018, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. ____________________________ Staci Bungard City Planner 141223BLOCK 4SS S S S SSSSSS91011141315161718212022115121013BLOCK 118'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' WSSSSS 8'' W8'' W8'' W8'' WSSSS8'' S 8'' S S8'' S8'' S8'' S8'' S6789S S S S S STS S S8'' W30'' S T 30'' ST 24'' ST18'' STS 8'' S 8'' S 8'' S SSSSSS8'' S8'' S8'' S8'' S8'' W8'' W8'' W8'' W15161718192021BLOCK 11ADDIT ION SECONDBLUEGILL 8'' W 8'' W 111,809± S.F.29,368± S.F.39,376± S.F.412,499± S.F.513,749± S.F.611,875± S.F.714,120± S.F.813,904± S.F.911,760± S.F.1013,056± S.F.99.97'74.95'75.00'100.00'125.00'99.98'125.00' 125.00' 125.00' 1 2 6 .9 6 '81.65'74.95'75.02'146.93'89.91'146.93'132.29'132.29'86.31 ' 110.28 '124.45'124.45'110.00' 111.3 2 '90.06'33.39'60.09'85.42'85.06'BLOCK 1ADDIT ION THIRD BLUEGILL8'' W8'' W8'' W8'' W8'' W 8'' W 8'' W 8'' W 8'' W 100'50'025'50'HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARINGLEGENDMONUMENT (FOUND)EXISTING CONTOURS1600OWNER INFORMATIONBLUEGILL, INC.611 6TH ST.BROOKINGS, SD 57006EXISTING PROPERTY LINEPROPOSED PROPERTY LINEBUILDING SETBACK LINENAT'L FLOOD INSURANCE PROGRAMMAP PANEL NO. 46011C0445CDATE: JULY 16, 2008ZONE "X" OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAINFLOOD ZONE DESIGNATIONEXISTING WATER LINEWPROPOSED WATER LINEWEXISTING UNDERGROUND ELECTRIC LINEUGEEXISTING FIBER OPTIC LINEUGFEXISTING TELEPHONE LINEUGTMONUMENT SET THIS SURVEY(5/8" REBAR W/STAMPEDPLASTIC CAP #9924)PRELIMINARY PLATLOTS 1 THROUGH 10 IN BLOCK 1 OF BLUEGILL THIRD ADDITION;ALL IN SEC. 1-T109N-R50W, BROOKINGS COUNTY, SOUTH DAKOTAPROPOSED SANITARY LINESEXISTING SANITARY LINESNEW DROP INLETNEW SANITARY MANHOLENEW WATER VALVENEW FIRE HYDRANTNEW CURB STOPSSTEXISTING SANITARY MANHOLEEXISTING STORM MANHOLESPROPOSED STORM LINEST2.5'14.5'30'2.5'13'13'14.5'30'8" BASE COURSE4" ASPHALT31'TYPICAL SECTIONSCALE: NONEZONING REGULATIONS:SINGLE-FAMILYSINGLE-FAMILY,0 FT SIDE YARD - 2 UNITS6,0006,00050 FEET20 FEET6 FEET20 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-1D SINGLE FAMILY6,00012,00080 FEET20 FEET0 FEET*20 FEET35 FEETOTHER ALLOWABLE USES10,00075 FEET20 FEET6 FEET20 FEET35 FEETOTHER ALLOWABLE USES9,00075 FEET20 FEET6 FEET20 FEET35 FEET4,500* OR 6' ON NON-PARTY WALLDENSITY PER FAMILY REQUIREMENTS DO NOT APPLY TO DORMATORIES, FRATERNITIES, SORORITIES, NURSING HOMESOR OTHER SIMILAR GROUP QUARTERS WHERE NO COOKING FACILITIES ARE PROVIDED IN INDIVIDUAL ROOMS.PROPOSED CONTOURS1600F:\20623-00-08\Design Phase\Acad\Bluegill 3rd Addition Blk 12 Lots 1-10 Preliminary Plat.dwg;3/13/2018 3:26 PM RE V I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBPJCJLUMARCH 201720623-00-08PRELIMINARY PLAT BLUEGILL 3RD ADDITION BROOKINGS, SD 160'ROW60'ROWR60' ROW23RD STREET SLUCERNE CIRCLECASCADE CIRCLE LUCERNE AVENUE ACE AVENUE 31'BC TO BC60'ROW60'ROW31'BC TO BCGREY GOOSE STREET Brookings County, SD Preliminary Plat of Lots 1-10, Block 1, Bluegill Third Addition 509 ft Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads Preliminary Plat Area 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 2018-0230,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for Jokers Casino, Randy Clifford, owner, 517 6th St., legal description: W 50’ of Lot 16 and W 50’ of the S ½ of Lot 15, Block 4, Petersons Second Addition. Summary: The City of Brookings has received an application for an On-Off Sale Malt License for Jokers Casino, Randy Clifford, owner, 517 6th St., Brookings, South Dakota. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective until June 30, 2018, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 5/2/2018Page 1 of 1 powered by Legistar™ NOTICE OF PUBLIC HEARING On-Off Sale Malt License – Jokers Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on May 8, 2018, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License for Jokers Casino, Randy Clifford, owner, 517 6th St., Brookings, South Dakota, legal description: W 50’ of Lot 16 and the W 50’ of the S ½ of Lot 15, Block 4, Peterson Second Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 27th day of April, 2018. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0192,Version:1 Public Hearing and Action on the transfer of an On-Off-Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. Summary: Sixth Street Diner, 223 Sixth Street, was purchased and renamed to Deuce's Casino on October 17, 2017. Its owners are now proposing to add another casino next door that would have its own outside access and address with a connecting common area and access to common bathrooms. According to the State Department of Revenue Special Taxes and the Video Lottery Departments, the two areas can't overlap and new business must have separate alcohol licenses, addresses, sales tax numbers, and legal premises. The entire space is currently under Commonwealth Gaming & Holding Co., dba Deuces Casino's name. This action would legally transfer the On-Off Malt Alcohol beverage license to the new business, Bryant Soberg and Kirby Muilenburg, owners, to use this space. Video lottery is governed by state statute rather than municipal ordinance. Following City Council action, this application would be subject to review and approval by the State Department of Revenue Special Taxes Division and State Video Lottery Department. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective until to June 30, 2018, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City of Brookings Printed on 5/3/2018Page 1 of 2 powered by Legistar™ File #:ID 2018-0192,Version:1 Recommendation: Staff recommends approval. Attachments: Legal Notice City Attorney Memo on Video Lottery Map City of Brookings Printed on 5/3/2018Page 2 of 2 powered by Legistar™ NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License Transfer – Commonwealth Gaming & Holding Co., dba Deuces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on May 8, 2018, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Off Sale Malt License and an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of April, 2018. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 3, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a bus iness connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipalit y to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes pl ace all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – MAY 3, 2018 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. 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 18-030,Version:1 Public Hearing and Action on Resolution 18-030, a Resolution authorizing the transfer of an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. Summary: Sixth Street Diner, 223 Sixth Street, was purchased and renamed to Deuce's Casino on October 17, 2017. Its owners are now proposing to add another casino next door that would have its own outside access and address with a connecting common area and access to common bathrooms. According to the State Department of Revenue Special Taxes and the Video Lottery Departments, the two areas can't overlap and new business must have separate alcohol licenses, addresses, sales tax numbers, and legal premises. The entire space is currently under Commonwealth Gaming & Holding Co., dba Deuces Casino's name. This action would legally transfer the On-Off Wine license to the new business, Bryant Soberg and Kirby Muilenburg, owners, to use this space. Video lottery is governed by state statute rather than municipal ordinance. Following City Council action, this application would be subject to review and approval by the State Department of Revenue Special Taxes Division and State Video Lottery Department. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Wine License would be effective until to December 30, 2018, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Resolution Legal Notice Operating Agreement Map City of Brookings Printed on 5/3/2018Page 1 of 1 powered by Legistar™ Resolution 18-030 Commonwealth Gaming & Holding, Co., dba Deuces Casino (Suite 105A) – Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of Brookings and Bryant Soberg and Kirby Muilenburg, owners, Commonwealth Gaming & Holdings Co., dba Deuces Casino, 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 223 6th Street, Suite 105A. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years, with a renewal for another five (5) years. Passed and approved this 8th day of May, 2018. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License Transfer – Commonwealth Gaming & Holding Co., dba Deuces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on May 8, 2018, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Off Sale Malt License and an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, to Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105A), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of April, 2018. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . On-Off Sale Wine Operating Agreement Commonwealth Gaming & Holdings Co., dba Deuces Casino (Suite 105A) THIS AGREEMENT 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 Commonwealth Gaming & Holdings Co., dba Deuces Casino, (Bryant Soberg and Kirby Muilenburg, owners) hereinafter referred to as “Manager.” 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-off 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-off 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 hereto allow the Manager to operate a retail on-off sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement 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-off 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-off sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21, Block 3, Henry’s Addition (Suite 105A) 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 with the Manager having the option and privilege of a 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 profit from the on-off 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 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 supercede 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 prenumbered 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, Five Hundred, and no/100 Dollars ($500.00), constituting the Annual License Fee on or by 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 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 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-off 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; 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-off sale license. XVII. The City shall have 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-off 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 this 8th day of May, 2018. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: 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 2018-0193,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105B), Bryant Soberg and Kirby Muilenburg, owners, 223 6 th St., legal description: E 120’ of Lots 13-14, Block 14, Second Addition. Summary: The City of Brookings has received an application for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105B), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective until June 30, 2018, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Legal Notice City Attorney Memo on Video Lottery Map City of Brookings Printed on 5/3/2018Page 1 of 1 powered by Legistar™ NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License – Commonwealth Gaming & Holding Co., dba Deuces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on May 9, 2018, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License and an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105B), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of April, 2018. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 3, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a bus iness connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipalit y to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes pl ace all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – MAY 3, 2018 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. 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 18-029,Version:1 Public Hearing and Action on Resolution 18-029, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Commonwealth Gaming & Holdings, Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th Street, Suite 105B, Brookings, South Dakota, legal description: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21, Block 3, Henry’s Addition. Summary: Bryant Soberg and Kirby Muilenburg, owners, Commonwealth Gaming & Holdings, Co., dba Deuces Casino, 223 6th Street, Suite 105B, has applied for an On-Off Sale Wine Alcohol license. A public hearing and action by the local governing body is required for all new alcohol licenses. Additionally, an Operating Agreement is required for Wine Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement effective through 2023. This license would be effective immediately and subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Background: City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c) The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. d) The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. e) Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Recommendation: City of Brookings Printed on 5/3/2018Page 1 of 2 powered by Legistar™ File #:RES 18-029,Version:1 Staff recommends approval. Attachments: Resolution Hearing Notice Operating Agreement Map City of Brookings Printed on 5/3/2018Page 2 of 2 powered by Legistar™ Resolution 18-029 Commonwealth Gaming & Holding, Co., dba Deuces Casino (Suite 105B) – Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of Brookings and Bryant Soberg and Kirby Muilenburg, owners, Commonwealth Gaming & Holdings Co., dba Deuces Casino, 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 223 6th Street, Suite 105B. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years, with a renewal for another five (5) years. Passed and approved this 8th day of May, 2018. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License – Commonwealth Gaming & Holding Co., dba Deuces Casino NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on May 9, 2018, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License and an On-Off Sale Wine License for Commonwealth Gaming & Holding Co., dba Deuces Casino (Suite 105B), Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Brookings, South Dakota, legal description: S 114’ of the W 69.3’ of Lot 20 and the S 114’ of Lot 21, Block 3, Henry’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of April, 2018. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . On-Off Sale Wine Operating Agreement Commonwealth Gaming & Holdings Co., dba Deuces Casino (Suite 105B) THIS AGREEMENT 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 Commonwealth Gaming & Holdings Co., dba Deuces Casino (Suite 105B), (Bryant Soberg and Kirby Muilenburg, owners) hereinafter referred to as “Manager.” 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-off 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-off 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 hereto allow the Manager to operate a retail on-off sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement 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-off 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-off sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: South 114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21, Block 3, Henry’s Addition (Suite 105B) 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 with the Manager having the option and privilege of a 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 profit from the on-off 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 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 supercede 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 prenumbered 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, Five Hundred, and no/100 Dollars ($500.00), constituting the Annual License Fee on or by 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 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 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-off 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; 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-off sale license. XVII. The City shall have 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-off 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 this 8th day of May, 2018. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: