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Home My WebLink About2019_06_25 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 Chambers5:00 PMTuesday, June 25, 2019 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:00 PM Executive Session ID 2019-0259 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Action: Motion to Enter Into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. 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. 3.A. Action to approve the agenda. 3.B.ID 2019-0252 Action to approve the June 11, 2019 City Council Minutes. Page 1 City of Brookings June 25, 2019City Council Meeting Agenda 6/11/2019 MinutesAttachments: 3.C.ID 2019-0253 Action on Annual Malt Beverage Alcohol License Renewal for Main Street Pub, 408 Main Ave. 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.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. Contracts/Change Orders: None 7. Ordinance First Readings: 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. 7.A.ORD 19-006 Introduction and First Reading on Ordinance 19-006, an Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Brookings Public Arts Commission. Second Reading: July 9, 2019. Memo Ordinance - Clean Ordinance - Marked Attachments: 7.B.ORD 19-007 Introduction and First Reading on Ordinance 19-007, an Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Dedicated Public Art Fund. Second Reading: July 9, 2019. Memo Ordinance - Clean Ordinance - Marked Attachments: 8. Public Hearings and Second Readings: 8.A.ID 2019-0254 Public Hearing and Action on a Temporary Alcohol Application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Ave. on July 27, 2019. Memo Legal Notice Attachments: Page 2 City of Brookings June 25, 2019City Council Meeting Agenda Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ID 2019-0255 Public Hearing and Action on a request for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Suite 105C, 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. Memo City Attorney Memo on Video Lottery Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.C.RES 19-049 Public Hearing and Action on Resolution 19-049, 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 105C, 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. Memo Resolution Legal Notice Operating Agreement Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.D.ORD 19-009 Second Reading and Action on Ordinance 19-009, an Ordinance Authorizing Supplemental Appropriation #2 to the 2019 Budget. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 6/11/19 City Council read into the record 8.E.ORD 19-010 Second Reading and Action on Ordinance 19-010, an Ordinance Amending Section 2-34 of Chapter 2 of the Code of Ordinances of the City of Brookings and Pertaining to the First Reading Policy of Ordinances in the City of Brookings. Memo Ordinance - clean Ordinance - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 3 City of Brookings June 25, 2019City Council Meeting Agenda Legislative History 6/11/19 City Council read into the record 9. Other Business: 9.A.RES 19-050 Action on Resolution 19-050, a Resolution providing Financial Commitment for a 2019 Federal BUILD Grant to fund the development of the I-29 and 20th Street South Interchange. Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.RES 19-051 Action on Resolution 19-051, a Resolution authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement. Memo Resolution Agreement 12/14/2016 Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.RES 19-052 Action on Resolution 19-052, a Resolution authorizing the Transfer of Real Property to Brookings Economic Development Corporation for Economic Development Purposes. Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.ID 2019-0265 City of Brookings Progress Report. 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. Executive Session ID 2019-0260 Executive Session, pursuant to SDCL 1-25-2, for purposes of preparing for contract negotiations or negotiating with employees or employee representatives. Action: Motion to Enter Into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 13. Adjourn. Page 4 City of Brookings June 25, 2019City Council Meeting Agenda Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, Acting 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 by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and 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 2019-0259,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2. City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0252,Version:1 Action to approve the June 11, 2019 City Council Minutes. Attachments: 06/11/2019 Minutes City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ Brookings City Council June 11, 2019 (unapproved) The Brookings City Council held a meeting on Tuesday, June 11, 2019 at 5:00 PM, at City Hall with the following City Council members present:, Deputy Mayor Patty Bacon, Council Members Leah Brink, Holly Tilton Byrne, Dan Hanson, Nick Wendell (via phone), and Ope Niemeyer. Mayor Keith Corbett was absent. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present. 5:00 PM STUDY SESSION City Engineer Jackie Lanning, along with Kent Johnson from Banner Associates, presented the results of the Drainage Study for the Windermere Addition and Moriarty Edgebrook Addition. 6:00 PM REGULAR MEETING Consent Agenda:A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. 3.A. Action to approve the agenda. 3.B. Action to approve the May 28, and May 30-31, 2019 City Council Minutes. Open Forum City Manager Paul Briseno introduced new city staff members: Chelsie Bakken, Media & Marketing Director, and Susan Rotert, Human Resources & Risk Management Director. Lisa Rathbaum, Midwest Maidens Roller Derby Term, asked for an update on the Armory. City Manager Briseno stated the Armory is closed at this time and a possible RFP process will begin soon as an option when determining the building's future.” Resolution 19-047.A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that Resolution 19-047, a Resolution Awarding Bids on the Brookings City & County Lawn Care and Snow Removal Services, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Resolution 19-047 - Resolution Awarding Bids on Brookings City & County Lawn Care and Snow Removal Services Whereas, the City of Brookings opened bids for Brookings City & County Lawn Care and Snow Removal Services on Tuesday, June 4, 2019 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the service contract will run from July 1, 2019 through December 31, 2020 and will be renewable for one additional year for 2021; and Whereas, the City of Brookings has received the following bids for the Brookings City & County Lawn Care and Snow Removal Services: Schedule A: Razors Edge - $37,590.00 and TNT Snow Removal - $45,258.00 and Schedule B: Razors Edge - $45,365.00 and TNT Snow Removal - $54,210.00. Now Therefore, Be It Resolved that the low total bid of $82,955.00 for Razor’s Edge be Accepted. Resolution 19-048. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 19-048, a Resolution Awarding Bids on Project 2019-03STI 20th Street South Improvement Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Resolution 19-048 - Resolution Awarding Bids on 2019-03STI 20th Street South Improvement Project Whereas, the City of Brookings opened bids for Project 2019-03STI, 20th Street South Improvement Project on Tuesday, June 4, 2019 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bid for the 2019-03STI 20th Street South Improvements: Bowes Construction: $3,241,110.70. Now, Therefore, Be It Resolved that the low bid of $3,241,110.70 for Bowes Construction Co., Inc. be accepted. FIRST READING - Ordinance 19-009. Introduction and first reading was held on Ordinance 19-009, an Ordinance Authorizing Supplemental Appropriation #2 to the 2019 Budget. Second Reading: June 25, 2019. FIRST READING – Ordinance 19-010. Introduction and first reading was held on Ordinance 19-010, an Ordinance Amending Section 2-34 of Chapter 2 of the Code of Ordinances of the City of Brookings and Pertaining to the First Reading Policy of Ordinances in the City of Brookings. Second Reading: June 25, 2019. Temporary Alcohol Application – Aramark Educational Services. A public hearing was held on two Temporary Alcohol Applications from Aramark Educational Services, LLC, to operate within the City of Brookings, SD, on September 6 th for the 50-year Club Reunion, and on October 4th for the Distinguished Alumni Banquet to be held at the SDSU Alumni Center, 815 Medary Avenue. A motion was made by Council Member Hansen, seconded by Council Member Brink, that the Temporary Licenses be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Temporary Alcohol Application – RGO, Inc., dba Pheasant Restaurant & Lounge. A public hearing was held on a Temporary Alcohol Application from RGO, Inc., dba Pheasant Restaurant & Lounge, to operate within the City of Brookings, SD, on July 11, 2019 for a Mama Mia Fundraiser for the Brookings Community Theatre to be held at Brookings Cinema 8, 219 6th Street. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that the Temporary License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. On-Sale Malt License Transfer. A public hearing was held on the transfer of an On-Sale Malt License from Pints & Quarts, Inc., dba Pints & Quarts, Brennan and Lori Sullivan, owners, to KR Hospitality, Inc., dba Pints & Quarts, Kevin and Kristi Raab, owners, 313 Main Ave., Brookings, SD, legal description: Lot 7, Block 3, Original Plat Addition. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that the On-Sale Malt License transfer be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Resolution 19-046. A public hearing was held on Resolution 19-046, a Resolution authorizing the City Manager to enter into an Operating Agreement for a Liquor License for KR Hospitality, Inc., dba Pints & Quarts, Kevin and Kristi Raab, owners, 313 Main Ave., Brookings, SD, legal description: Lot 7, Block 3, Original Plat Addition. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that Resolution 19-046 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Resolution 19-046 - KR Hospitality, Inc., dba Pints & Quarts On-Sale Liquor Operating Agreement Now, Therefore, 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 Liquor between the City of Brookings and KR Hospitality, Inc., Kevin and Kristi Raab, owners, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 313 Main Ave.: legal description: Lot 7, Block 3, Original Plat Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Ordinance 19-005. A public hearing was held on Ordinance 19-005, an Ordinance Amending Article VI of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in the City of Brookings. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Ordinance 19-005 be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; No: 1 – Brink; Absent: 1 – Corbett. Ordinance 19-008.A public hearing was held on Ordinance 19-008, an Ordinance amending the Zoning Ordinance of the City of Brookings to include Indoor Recreation Facility as a permitted special use in the Business B-1 Central District, Business B-2 District, Industrial I-1 Light District, Industrial I-2 Heavy District, and Industrial I-1R Restricted District. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Ordinance 19-008 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Master Drainage Priority List. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, to adopt the Master Drainage Plan Priority List. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent; 1 – Corbett. Design Services for Bob Shelden Complex Project. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to proceed with Design Services for the Bob Shelden Athletic Complex Renovation Project. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Resolution 19-045. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that Resolution 19-045, a Resolution authorizing the City Manager to sign Wetland Functional Capacity Unit Credits Purchase Contract with North Central Mitigation, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Corbett. Resolution 19-045 - Resolution Authorizing the City Manager to sign Wetlands Functional Capacity Unit Credits Purchase Contract with North Central Mitigation Whereas, the City of Brookings is desirous in obtaining a Section 404 Permit for the Brookings Marketplace project, application number NOW-2017-0348-PIE; and Whereas, the U.S. Army Corps of Engineers, Omaha District, will require compensatory off-site wetland mitigation as part of the project; and Whereas, the Corps has authorized North Central Mitigation to complete the Mitigation Requirement; and Whereas, the North Central Mitigation agrees to sell 7.72 Functional Credit Unit Credits for the purchase price of $96,500 for the City of Brookings project. Whereas, the City Council desires to purchase the credits for the development of the Market Place and will do so out of reserves. Now, Therefore, Be It Resolved that the City Council of the City of Brookings authorizes the City Manager to sign the Wetland Functional Capacity Unit Credits Purchase Contract with North Central Mitigation. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that this meeting be adjourned at 8:02 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting 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 2019-0253,Version:1 Action on Annual Malt Beverage Alcohol License Renewal for Main Street Pub, 408 Main Ave. Summary: Council review and action for the On-Off Sale Malt Alcohol License renewal for fiscal year 2019 (7/1/2019 to 6/30/2020) for Main Street Pub, 408 Main Ave. After Council action, the application will be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. City of Brookings Printed on 6/20/2019Page 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 #:ORD 19-006,Version:1 Introduction and First Reading on Ordinance 19-006, an Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Brookings Public Arts Commission. Second Reading: July 9, 2019. Summary: The proposed ordinance revision allows public art to be placed on publicly-owned properties. The proposed revision further clarifies the Public Art Commission’s role to provide recommendations to the City Manager or City Council on the addition, removal, relocation, or alteration of public art. Background: The City of Brookings established the Public Arts Commission in February 2016 with the passage of Ordinance 16-006. The role of the Public Arts Commission is: 1.To develop a unified public art strategy for the City of Brookings; 2.To advise the City Council and other community groups and agencies who are initiating a public art project concerning the proposed site, selection of a professional artist and commissioning of a public artwork; 3.To oversee the Public Art Fund; 4.To guide and monitor design development process through reviews at various stages to ensure artistic and design quality, integration with the site and relevance to the community; 5.To approve the final design prior to fabrication; and 6.To approve the final artwork, installation procedures, and maintenance plan prior to installation Fiscal Impact: None. Recommendation: Staff recommends approval of Ordinance 19-006. Attachments: Memo Ordinance - Clean Ordinance - Marked City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Jacob Meshke, Assistant to the City Manager Council Meeting:June 25, 2019 / July 9, 2019 Subject:Ordinance 19-006, an Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to Brookings Public Arts Commission. Person(s) Presenting: Jacob Meshke, Assistant to the City Manager Summary: The proposed ordinance revision allows public art to be placed on publicly-owned properties. The proposed revision further clarifies the Public Art Commission’s role to provide recommendations to the City Manager or City Council on the addition, removal, relocation, or alteration of public art. Background: The City of Brookings established the Public Arts Commission in February 2016 with the passage of Ordinance 16-006. The role of the Public Arts Commission is: 1. To develop a unified public art strategy for the City of Brookings; 2. To advise the City Council and other community groups and agencies who are initiating a public art project concerning the proposed site, selection of a professional artist and commissioning of a public artwork; 3. To oversee the Public Art Fund; 4. To guide and monitor design development process through reviews at various stages to ensure artistic and design quality, integration with the site and relevance to the community; 5. To approve the final design prior to fabrication; and 6. To approve the final artwork, installation procedures, and maintenance plan prior to installation Discussion: City Staff worked with the Public Art Commission to clarify the ordinance to allow for public art on publicly-owned land and clarify the Public Art Commission’s role to provide recommendations to the City Manager or City Council on the addition, removal, relocation, or alteration of public art. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval of Ordinance 19-006. Action Requested: Approval of Ordinance 19-006 to allow for public art on publicly-owned land and clarify the Public Art Commission’s role to provide recommendations to the City Manager of City Council on the addition, removal, relocation, or alteration of public art. Supporting Documentation: Memo Ordinance – Clean Ordinance – Marked Ordinance 19-006 An Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to Brookings Public Arts Commission. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Chapter 2, Article V, Division 8. Brookings Public Arts Commission. That Section 2-258 shall be amended as follows: Sec. 2-258. – Powers and authority of commission. The powers and authority of the Brookings Public Arts Commission (BPAC) shall include, but are not limited to: a) The commission shall develop and recommend revisions to the Brookings public art guidelines, which shall include criteria for accepting donations or gifts, both of cash and tangible art, a method or methods for the selection of artists and public art projects and for the placement of public art projects. The city council shall have final approval of all Brookings public art policies and guidelines. b) The commission shall recommend to the City Manager and City Council proposed public art acquisitions and the placement, maintenance, relocation, and deaccessioning of artwork acquired through the public art program. c) The commission shall have the custody and care of all works of art owned by the city and under the control of any department of the city. The term "work of art" shall apply to and include all paintings, mural decorations, statues, bas-reliefs, sculptures, monuments, fountains, arches, ornamental gateways and other structures of a permanent character intended for ornament or commemoration. d) No work of art shall become the property of the city by purchase, gift or otherwise, until it, or a design or model thereof, and a proposed plan for it shall have been approved by the commission. e) No work of art shall be erected or placed in, over or upon, or allowed to extend in, over or upon any street, avenue, square, park or other property belonging to the city without approval of the commission in consultation with appropriate city departments. The commission may recommend the removal, relocation or alteration of any existing work of art owned by the city, and no such work of art shall be removed, relocated or altered without such recommendation and approval. The addition, removal, relocation, or alteration of any work of art shall be approved by the city manager or the city manager’s designee. f) The commission shall study, prepare recommendations and report upon the design or proposed design of any municipal building, bridge, approach, fence or other structure erected or to be erected upon land belonging to the city, and upon the design or proposed design of any arch, bridge, structure or approach which is the property of any person, firm or corporation, and extends in, over or upon any street, avenue, highway, park or public place. g) The commission shall recommend the purchase or commissioning of public art projects, including the design, execution and/or placement of such public art, with approval of expenditures by the City Manager and City Council consistent with Section 2-115 of this Chapter. h) The commission shall consult with the department responsible for a particular construction project regarding the design, execution and/or possible placement of a public art project in connection with such construction project. i) The commission shall review the inventory of public art, including assessing the status of maintenance, compile a list of potential sites for public art projects, and prepare recommendations as to location, relocation, and deaccessioning of public art. j) The commission may also initiate public forums when appropriate to determine thematic approaches and location options for public art. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: June 25, 2019 Second Reading: July 9, 2019 Published: July 12, 2019 CITY OF BROOKINGS, SOUTH DAKOTA Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk Ordinance 19-006 An Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to Brookings Public Arts Commission. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Chapter 2, Article V, Division 8. Brookings Public Arts Commission. That Section 2-258 shall be amended as follows: Sec. 2-258. – Powers and authority of commission. The powers and authority of the Brookings Public Arts Commission (BPAC) shall include, but are not limited to: a) The commission shall develop and recommend revisions to the Brookings public art guidelines, which shall include criteria for accepting donations or gifts, both of cash and tangible art, a method or methods for the selection of artists and public art projects and for the placement of public art projects. The city council shall have final approval of all Brookings public art policies and guidelines. b) The commission shall be responsible for the public art program by directing the selection recommend to the City Manager and City Council proposed public art acquisitions and the placement, maintenance, relocation, and deaccessioning of artwork acquired through the public art program. and shall recommend revisions to the public art guidelines. c) The commission shall have the custody and care of all works of art owned by the city and under the control of any department of the city. The term "work of art" shall apply to and include all paintings, mural decorations, statues, bas-reliefs, sculptures, monuments, fountains, arches, ornamental gateways and other structures of a permanent character intended for ornament or commemoration. d) No work of art shall become the property of the city by purchase, gift or otherwise, until it, or a design or model thereof, and a proposed plan for it shall have been approved by the commission. e) No work of art shall be erected or placed in, over or upon, or allowed to extend in, over or upon any street, avenue, square, park or other property belonging to the city without approval of the commission in consultation with appropriate city departments. The commission may recommend order the removal, relocation or alteration of any existing work of art owned by the city, and no such work of art shall be removed, relocated or altered without such recommendation order and approval. The addition, removal, relocation, or alteration of any work of art shall be approved by the city manager or the city manager’s designee. f) The commission shall study, prepare recommendations and report upon the design or proposed design of any municipal building, bridge, approach, fence or other structure erected or to be erected upon land belonging to the city, and upon the design or proposed design of any arch, bridge, structure or approach which is the property of any person, firm or corporation, and extends in, over or upon any street, avenue, highway, park or public place. g) The commission shall recommend the purchase or commissioning of public art projects, or commission including the design, execution and/or placement of such public art projects, with approval of expenditures by the City Manager and City Council consistent with Section 2-115 of this Chapter. h) The commission shall consult with the department responsible for a particular construction project regarding the design, execution and/or possible placement of a public art project in connection with such construction project. i) The commission shall review the inventory of public art, including assessing the status of maintenance, compile a list of potential sites for public art projects, and prepare recommendations as to location, relocation, and deaccessioning of public art. j) The commission may also initiate public forums when appropriate to determine thematic approaches and location options for public art. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: June 25, 2019 Second Reading: July 9, 2019 Published: July 12, 2019 CITY OF BROOKINGS, SOUTH DAKOTA Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting 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 19-007,Version:1 Introduction and First Reading on Ordinance 19-007, an Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Dedicated Public Art Fund. Second Reading: July 9, 2019. Summary: The proposed ordinance revision would allow the City Manager to approve Dedicated Public Art Fund expenditures less than $25,000 based on the recommendation of the Public Arts Commission. City Council would approve expenditures recommended by the Public Arts Commission which equal or exceed $25,000. The word local would be struck to allow for greater flexibility in advancing professional artists and expands the purpose of the fund to include public art-related activities. Staff recommends approval. Background: The City of Brookings established the Dedicated Public Art Fund in February 2016 with the passage of Ordinance 16-005. The purpose of the Dedicated Public Art Fund was to provide funding for the design, purchase, acquisition, installation and maintenance of public art for the City of Brookings. The Dedicated Public Art Fund receives its funding from one percent (1%) of annual capital expenditures from each revenue fund which is within the City Council’s budgetary authority and which has an appropriation for capital expenditures. The Brookings Public Arts Commission is charged with the duty to recommend policies and guidelines for the advancement of public art as well as recommend proposed expenditures from the Dedicated Public Art Fund. Fiscal Impact: None. Recommendation: Staff recommends approval of Ordinance 19-007. Attachments: Memo Ordinance - Clean Ordinance - Marked City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Jacob Meshke, Assistant to the City Manager Council Meeting:June 25, 2019 / July 9, 2019 Subject:Ordinance 19-007, an Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to Dedicated Public Art Fund. Person(s) Presenting: Jacob Meshke, Assistant to the City Manager Summary: The proposed ordinance revision would allow the City Manager to approve expenditures from the Dedicated Public Art Fund less than $25,000 based on the recommendation of the Public Arts Commission. City Council would approve expenditures recommended by the Public Arts Commission which equal or exceed $25,000. The word local would be struck to allow for greater flexibility in advancing professional artists and expands the purpose of the fund to include public art-related activities. Staff recommends approval. Background: The City of Brookings established the Dedicated Public Art Fund in February 2016 with the passage of Ordinance 16-005. The purpose of the Dedicated Public Art Fund was to provide funding for the design, purchase, acquisition, installation and maintenance of public art for the City of Brookings. The Dedicated Public Art Fund receives its funding from one percent (1%) of annual capital expenditures from each revenue fund which is within the City Council’s budgetary authority and which has an appropriation for capital expenditures. The Brookings Public Arts Commission is charged with the duty to recommend policies and guidelines for the advancement of public art as well as recommend proposed expenditures from the Dedicated Public Art Fund. Discussion: City Staff worked with the Public Arts Commission to provide more flexibility to the Commission in advancing public art in the community. Removing local from the ordinance would allow the Commission greater freedom in selecting professional artists. The addition of public art-related activities would provide the ability to promote art festivals, events, or other activities which align with public art purposes. Administrative approval of expenditures less than $25,000 would streamline smaller, public art initiatives while maintaining City Council oversight of larger, public art initiatives which equal or exceed $25,000. City Council also has approval and authority over public art policies and guidelines. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval of Ordinance 19-007. Action Requested: Approval of Ordinance 19-007 to remove the word local, expand the purpose to include other public art-related activities, allow administrative approval of public art projects less than $25,000, require City Council approval for public art projects which equal or exceed $25,000. Supporting Documentation: 1. Memo 2. Ordinance – Clean 3. Ordinance – Marked Ordinance 19-007 An Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Dedicated Public Art Fund of the City of Brookings. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Chapter 2, Article IV, Division 3. Dedicated Public Art Fund. That Section 2-112 shall be amended as follows: Sec. 2-112. – Findings. The city council finds that public art and design enhances the environment of the City of Brookings, enriches the lives of its citizens and improves the value of the city's public spaces and buildings. In addition, the presence of public art encourages the careers of professional artists and provides possible opportunities for their employment and career advancement. Moreover, it is the vision of the city council to support the creative class because a creative workforce is important for economic growth and a vibrant community. The council further finds that art can be more fully appreciated if it is publicly displayed as opposed to merely confined to the internal premises of galleries and museums. Finally, a dedicated funding source for an established program of public art enhances the reputation of the city and serves as a vehicle for attracting new businesses and talent to all sectors of the community. That Section 2-113 shall be amended as follows: Sec. 2-113. – Purpose. The purpose of the dedicated public art fund is to provide funding for the design, purchase, acquisition, installation and maintenance of public art as well as other public art-related activities for the City of Brookings. That Section 2-115 shall be amended as follows: Sec. 2-115. – Administration of the fund. In accordance with Government Accounting Standards Board Statement No. 54 (“GASB 54”), the dedicated public art fund shall be reported as part of the general fund for financial reporting purposes, but shall be maintained individually for accounting purposes and budgetary comparisons. A Brookings Public Arts Commission, which is charged with the duty to recommend policies and guidelines for the advancement of public art throughout the community, shall also recommend to the city manager proposed expenditures of the public art fund which are less than $25,000. The city council shall have final approval of all policies and guidelines recommended by the commission, and shall also approve proposed expenditures for public arts projects which equal or exceed $25,000. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: June 25, 2019 Second Reading: July 9, 2019 Published: July 12, 2019 CITY OF BROOKINGS, SOUTH DAKOTA Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk Ordinance 19-007 An Ordinance amending Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Dedicated Public Art Fund of the City of Brookings. Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Chapter 2, Article IV, Division 3. Dedicated Public Art Fund. That Section 2-112 shall be amended as follows: Sec. 2-112. – Findings. The city council finds that public art and design enhances the environment of the City of Brookings, enriches the lives of its citizens and improves the value of the city's public spaces and buildings. In addition, the presence of public art encourages the careers of local professional artists and provides possible opportunities for their employment and career advancement. Moreover, it is the vision of the city council to support the creative class because a creative workforce is important for economic growth and a vibrant community. The council further finds that art can be more fully appreciated if it is publicly displayed as opposed to merely confined to the internal premises of galleries and museums. Finally, a dedicated funding source for an established program of public art enhances the reputation of the city and serves as a vehicle for attracting new businesses and talent to all sectors of the community. That Section 2-113 shall be amended as follows: Sec. 2-113. – Purpose. The purpose of the dedicated public art fund is to provide funding for the design, purchase, acquisition, installation and maintenance of public art as well as other public art-related activities for the City of Brookings. That Section 2-115 shall be amended as follows: Sec. 2-115. – Administration of the fund. In accordance with Government Accounting Standards Board Statement No. 54 (“GASB 54”), the dedicated public art fund shall be reported as part of the general fund for financial reporting purposes, but shall be maintained individually for accounting purposes and budgetary comparisons. A Brookings Public Arts Commission, which is charged with the duty to recommend policies and guidelines for the advancement of public art throughout the community, shall also recommend to the city council proposed expenditures of the to the city manager proposed expenditures of the dedicated public art fund which are less than $25,000 dedicated to the public art fund. The city council shall have final approval of all such policies and guidelines recommended by the commission, and shall also approve of proposed public expenditures for public arts projects which equal to or exceed $25,000. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: June 25, 2019 Second Reading: July 9, 2019 Published: July 12, 2019 CITY OF BROOKINGS, SOUTH DAKOTA Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting 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 2019-0254,Version:1 Public Hearing and Action on a Temporary Alcohol Application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Ave. on July 27, 2019. Summary: The Brookings Volunteer Fire Association has applied for a Temporary Alcohol License for a street dance to be held in the 300 Block of Main Ave. on July 27, 2019. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Bonnie Foster, Acting City Clerk Council Meeting:June 25, 2019 Subject:Temporary Alcohol Application Brookings Volunteer Fire Association Street Dance Person(s) Presenting: Bonnie Foster, Acting City Clerk Summary: Brookings Volunteer Fire Association has applied for a Temporary Alcohol License for the annual Street Dance to be held on July 27, 2019, on the 300 Block of Main Avenue. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. SDCL 35-4-124.1 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source:SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107. Legal Consideration: None. Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. “Licenses issued to charitable, educational, fraternal, or veterans organizations are exempt from the fee.” Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval. Action Requested: Approval of the Temporary Alcohol License for the July 27, 2019 event. Supporting Documentation: 1. Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, June 25, 2019, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Volunteer Firefighter’s Association Annual Fireman’s Dance to be held on July 27, 2019 in the 300 Block of Main Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 17th day of June, 2019. Bonnie Foster, Acting 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 2019-0255,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Suite 105C, 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: The City of Brookings has received an application for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Suite 105C, Brookings, SD. 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 July 1, 2019, 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: No staff recommendation. Attachments: Memo City Attorney Memo on Video Lottery Legal Notice Map City of Brookings Printed on 6/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Bonnie Foster, Acting City Clerk Council Meeting:June 25, 2019 Subject:New Malt License for Deuces Casino Person(s) Responsible: Bonnie Foster, Acting City Clerk Summary: The City of Brookings has received an application for an On-Off Sale Malt License for Commonwealth Gaming & Holding Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Suite 105C, Brookings, SD. 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 July 1, 2019, 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. Commonwealth Gaming & Holding Co., dba Deuces Casino, currently lease 2 suites, Suite 105A and 105B, at 223 6th Street. Each Suite has an on-sale Wine License and an On-Sale Malt License, allowing the placement of 10 video lottery machines in each Suite, for a current total of 20 video lottery machines at 223 6th Street. For Video Lottery clarification, please refer to the attached City Attorney Video Lottery Memo. Legal Consideration: 1) Whether or not to issue a malt beverage license 2) Whether or not the location is approved for video lottery Financial Consideration: The On-Off Sale Malt License would be effective July 1, 2019, and then subject to an annual renewal. Video Lottery machines would be subject to a $50/machine annual fee. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: City Council should consider: 1) Whether or not to issue a malt beverage license. 2) Whether or not the location is approved for video lottery. 3) Whether the increase from 20 to 30 Video Lottery Machines is acceptable. Supporting Documentation: City Attorney Memo on Video Lottery Legal Notice Map 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. 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 June 25, 2019, 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, Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Suite 105C, 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 17th day of June, 2019. Bonnie Foster, Acting 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 #:RES 19-049,Version:1 Public Hearing and Action on Resolution 19-049, 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 105C, 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 105C, have 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 2024. 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 6/20/2019Page 1 of 2 powered by Legistar™ File #:RES 19-049,Version:1 No staff recommendation. Attachments: Memo Resolution Hearing Notice Operating Agreement Map City of Brookings Printed on 6/20/2019Page 2 of 2 powered by Legistar™ City Council Agenda Memo From:Bonnie Foster, Acting City Clerk Council Meeting:June 25, 2019 Subject:New Wine License for Deuces Casino Person(s) Responsible: Bonnie Foster, Acting City Clerk Summary: The City of Brookings has received an application for an On-Off Sale Wine License from Commonwealth Gaming & Holdings, Co., dba Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th Street, Suite 105C. 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 2024. Background: A public hearing and action by the local governing body is required to approve all 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 2024. 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. 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. Legal Consideration: 1) Whether or not to issue an alcohol license Financial Consideration: This license would be effective immediately and subject to an annual renewal. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: No staff recommendation. Supporting Documentation: Resolution Legal Notice Operating Agreement Map Resolution 19-049 Commonwealth Gaming & Holding, Co., dba Deuces Casino (Suite 105C) – 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 105C. 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 25th day of June, 2019. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting 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 June 25, 2019, 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, Bryant Soberg and Kirby Muilenburg, owners, 223 6th St., Suite 105C, 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 17th day of June, 2019. Bonnie Foster, Acting City Clerk Published time(s) at an approximate cost $ . On-Off Sale Wine Operating Agreement Commonwealth Gaming & Holdings Co., dba Deuces Casino (Suite 105C) 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 105C), (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 105C) 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 25th day of June, 2019. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Paul Briseno, City Manager Bonnie Foster, Acting 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 #:ORD 19-009,Version:2 Second Reading and Action on Ordinance 19-009, an Ordinance Authorizing Supplemental Appropriation #2 to the 2019 Budget. Summary: This ordinance will amend the 2019 Budget for the following changes: 1.To move funds from deferred revenue to the construction account for the 20 th Street South Improvement Project. 2.To allocate $96,500 from reserve funds to the Marketplace Fund for the purchase of wetland credits. 3.To move Library surplus funds from Building and Structures to Regular Pay to cover for retirement pay not previously budgeted. 4.To draw $300,000 funds from the 2019 Bond to cover for the Bob Shelden Project design services. Recommendation: Staff recommends approval of the ordinance as presented. Attachments: Memo Ordinance City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Erick Rangel, Chief Financial Officer City Engineer Council Meeting:June 11, 2019 / June 25, 2019 Subject:Ordinance 19-009, an Ordinance Authorizing Supplemental Appropriation #2 to the 2019 Budget Person(s) Responsible: Erick Rangel, Chief Financial Officer Summary: This ordinance will amend the 2019 Budget for the following changes: 1. To move funds from deferred revenue to the construction account for the 20 th Street South Improvement Project. 2. To allocate $96,500 from reserve funds to the Marketplace Fund for the purchase of wetland credits. 3. To move Library surplus funds from Building and Structures to Regular Pay to cover for retirement pay not previously budgeted. 4. To draw $300,000 funds from the 2019 Bond to cover for the Bob Shelden Project design services. Background: Part 1 Allocates deferred revenue that was reserved for the 20th Street South Project to the expenditure line in the construction Allocates funds from the City’s reserves to the Marketplace Budget for the purchase of wetland credits. Moves Library surplus funds from the Carpet Replacement Project to cover for retirement pay not previously budgeted. Part 2 adjusts the 2019 Budget for design services for the Bob Shelden Project as follows: Create Fund 527 to manage the Bob Shelden Upgrade Project’s budget Draw revenue from the 2019 bond and transfer it into the Bob Shelden Fund Use drawn funds to pay for design services for the Bob Shelden Project Discussion: Staff recommends approval of the proposed budget amendment. Legal Consideration: None. Financial Considerations: Part 1: No net impact on the reallocation of funds. There will be a decrease in the City’s Cash Reserves of $96,500 to cover for the Marketplace expenditure. Part 2: Bond proceeds will be utilized for the project. Drawn funds will incur a 2.97% annual interest cost Recommendation: Staff recommends approval of the ordinance as presented. Action Requested: Approval of the Ordinance to amend the 2019 Budget. Supporting Documentation: Ordinance Ordinance 19-009 An Ordinance Authorizing Supplemental Appropriation No. 2 to the 2019 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2019 budget: Part 1 – Change Increase/(Decrease) S Main Ave & 26th St Capital Project Fund 523-000-1-180-01 Deferred Revenue (675,862.00) Reserved for 20th Street South Project 523-000-5-940-00 Other Capital 675,862.00 Move to Expenditure line for 20th Street South Project Marketplace 525-000-5-422-03 Consulting/Engineering 96,500.00 Marketplace wetland credit purchase Library Fund 101-455-5-911-00 Building and Structure (15,656.09) Surplus from Carpet Replacement Project 101-455-5-101-00 Regular Pay 15,656.09 To cover retirement payment not budgeted Part 2 Change Increase/(Decrease) Bob Shelden Capital Project Fund 527-000-6-700-00 Bond Proceeds 300,000.00 Bond Proceeds for Bob Shelden design Total Change in Revenue 300,000.00 527-000-5-940-00 Buildings & Structures 300,000.00 Project budget for Bob Shelden design Total Change in Expenditures 300,000.00 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: June 11, 2019 Second Reading: June 25, 2019 Published: April 28, 2019 CITY OF BROOKINGS _________________________ ATTEST: Keith W. Corbett, Mayor ____________________________ Bonnie Foster, Acting 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 19-010,Version:2 Second Reading and Action on Ordinance 19-010, an Ordinance Amending Section 2-34 of Chapter 2 of the Code of Ordinances of the City of Brookings and Pertaining to the First Reading Policy of Ordinances in the City of Brookings. Summary: This proposed Ordinance was prepared following discussion at the recent City Council Retreat, and modifies the current ordinance to allow public comment and discussion at the First Reading of an Ordinance. Background: In 2006, the City adopted an ordinance which limited discussion and public comment to the second reading of an ordinance. State law requires that ordinances be read twice prior to adoption, but does not prescribe the procedure for the “reading” of an ordinance. Accordingly, the Council has limited the first reading, by Ordinance 2-34, to announcing the ordinance title and holding public comment and discussion during the second reading. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Steve Britzman, City Attorney Council Meeting:June 11, 2019 / June 25, 2019 Subject:Policy for First and Second Readings Person(s) Responsible: Steve Britzman, City Attorney Summary: This proposed Ordinance was prepared following discussion at the recent City Council Retreat, and modifies the current ordinance to allow public comment and discussion at the First Reading of an Ordinance. Background: In 2006, the City adopted an ordinance which limited discussion and public comment to the second reading of an ordinance. State law requires that ordinances be read twice prior to adoption, but does not prescribe the procedure for the “reading” of an ordinance. Accordingly, the Council has limited the first reading, by Ordinance 2-34, to announcing the ordinance title and holding public comment and discussion during the second reading. Discussion: The proposed Ordinance modifies the policy for the two readings of an ordinance to permit public comment and discussion at both readings, with the vote following the second reading. If changes of any significance occur during the second reading, then another reading of the ordinance is required under State law. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: The revision of policy will increase public participation and improve the ordinance adoption procedure. Those who cannot attend either of the First or Second Readings will still have an opportunity to participate if they can attend one reading. Action Requested: Approve the ordinance provided it is consistent with the objectives of the City Council. Ordinance 19-010 An Ordinance Amending Section 2-34 of Chapter 2 of the Code of Ordinances of the City of Brookings and Pertaining to the First Reading Policy of Ordinances in the City of Brookings. Be It Ordained by the governing body of the City of Brookings, South Dakota that Section 2-34 be amended as follows: I. Sec. 2-34. – Policy for First and Second Readings of Ordinances. The first and second readings of ordinances shall follow the following procedure: (1) The full title of the ordinance shall be read by the mayor or the city clerk. (2) Public comment and discussion by the city council shall be permitted during the first and second readings and any subsequent readings of the ordinance. (3) No vote of the city council shall be required to proceed to a second reading of an ordinance, however the second reading can be tabled or set for action on a specific date by motion of the city council. (4) The date for the second reading of the ordinance shall be announced immediately following the first reading of the ordinance. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:June 11, 2019 Second Reading:June 25, 2019 Published:June 28, 2019 CITY OF BROOKINGS, SD ____________________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Bonnie Foster, Acting City Clerk Ordinance 19-010 An Ordinance Amending Section 2-34 of Chapter 2 of the Code of Ordinances of the City of Brookings and Pertaining to the First Reading Policy of Ordinances in the City of Brookings. Be It Ordained by the governing body of the City of Brookings, South Dakota that Section 2-34 be amended as follows: I. Sec. 2-34. – Policy for First and Second Readings policy of Ordinances. The first and second readings of an ordinances shall follow the following procedure: (1) The full title of the ordinance change shall be read by the mayor or the city clerk. (2) The date for the second reading of the ordinance shall be announced immediately following the first reading of the ordinance (moved below) (2) Public comment and discussion by the city council and public comment shall be permitted only during the first and second readings and any subsequent readings of the ordinance. (3) No vote by of the city council shall be required to proceed to a second reading of an ordinance, however the second reading can be tabled or set for action on a specific date by motion of the city council. (4) The date for the second reading of the ordinance shall be announced immediately following the first reading of the ordinance. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:June 11, 2019 Second Reading:June 25, 2019 Published:June 28, 2019 CITY OF BROOKINGS, SD ____________________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Bonnie Foster, Acting 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 19-050,Version:1 Action on Resolution 19-050, a Resolution providing Financial Commitment for a 2019 Federal BUILD Grant to fund the development of the I-29 and 20th Street South Interchange. Summary: In 2018, the City submitted a Federal BUILD Grant to fund the development of the I-29 and 20 th Street South Interchange. The project was estimated at $18 million and the City committed $3.6 million. In July, a new grant will be submitted and the level of the City’s commitment needs to be determined. A request of not to exceed $2 million is requested. The City has used its debt capacity. Should Council prioritize this project, the city will need to redirect the use of available debt capacity or utilize limited reserves. Recommendation: No recommendation. Attachments: Memo Resolution Map City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Paul Briseno, City Manager Council Meeting:June 25, 2019 Subject:2019 BUILD Grant Submission Person(s) Responsible: Paul Briseno, City Manager Summary: In 2018, the City submitted a Federal BUILD Grant to fund the development of the I-29 and 20th Street South Interchange. The project was estimated at $18 million and the City committed $3.6 million. In July, a new grant will be submitted and the level of the City’s commitment needs to be determined. A request of not to exceed $2 million is requested. The City has used its debt capacity. Should Council prioritize this project, the city will need to redirect the use of available debt capacity or utilize limited reserves. Background: In 2018, City Council supported the submission of a Better Utilizing Investments to Leverage Development (BUILD) Grant for the development of the I-29 and 20th Street South Interchange project. The grant generally funds 80% of a project and desires a local match. In 2018, the estimated project cost was $18 million with a local match of 42% committed. The match comprised of $2 million from private donors, $2 million from Brookings County and $3.6 million from the City of Brookings. The City anticipated bonding the obligation. The 2018 grant was not awarded. Efforts to gather necessary information and support have been made for the submission of a 2019 grant. These endeavors include new traffic counts, and engagement of the State and Federal Department of Transportation. These efforts have realized the placement of the project on the State’s Transportation long-range plan for maintenance of the project if developed. The total updated project cost is now expected at $23 million, of which 20% amounts to $4.6 million. A local match will consist of a commitment of $700,000 by private donors, $2 million by Brookings County, and the City’s pledge. The City is asked to commit $2 million towards this project. The total $23 million project does encompass the traffic lights and 20th Street improvements from 22nd Avenue to the proposed interchange. Once built, the state would maintain the interchange. The project would be designed/engineered in 2020-2021 and constructed in 2022. The notification date for successful awards is November 12, 2019. The I-29 and 20th Street South Interchange project is a City Council Goal. Legal Consideration: None Financial Consideration: The City can redirect the $2 million of bonding formerly set aside for the Bob Shelden Renovation towards the I-29 interchange project or utilize reserves. To capitalize on reserves, City Policy will need to be changed. The following projects were determined as a priority by the City Council and paid by the existing bond and limited reserve funds: Bob Shelden Renovation Indoor Turf Facility Police Department Renovation/New Sinking Maintenance Fund Food Bank Redevelopment Options: The City Council has the following options: 1. Approve a motion to support the 2019 BUILD Grant at not to exceed $2 million. 2. Approve a motion to support the 2019 BUILD Grant at not to exceed alternative amount determined by the City Council. 3. Approve a motion to support the 2019 BUILD Grant with no city funding. 4. Do nothing 5. Deny support of the BUILD Grant Recommendation: City Council to determine the prioritization of the interchange and fund as determined. Action Requested: Motion to approve, deny or do nothing. Supporting Documentation: 1. 2019 BUILD Grant Resolution 2. Map Resolution 19-050 A Resolution Providing Financial Commitment for a 2019 Federal BUILD Grant to fund the development of the I-29 and 20th Street South Interchange Whereas, the City of Brookings supports the development of a I-29 and 20 th Street South Interchange; and Whereas, the City of Brookings is desirous in providing increased economic development opportunities, connectivity and safety improvements; and Whereas, the Federal Government has grant funds available through the Better Utilizing Investments to Leverage Development (BUILD) Grant Program; and Whereas, the City of Brookings will commit the necessary funds in Fiscal Year 2019 toward the local match not to exceed $2 million; and Whereas, the City of Brookings supports the Brookings Economic Development Corporation’s application for the I-29 and 20 th Street South Interchange Project; and Now, Therefore, Be It Resolved that the City Council of the City of Brookings financially supports the described 2019 application for the I-29 and 20th Street South Interchange Project, upon receiving the grant. Passed and approved this 25th day of June, 2019. CITY OF BROOKINGS ____________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Bonnie Foster, Acting City Clerk 20th Street Interchange Project 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 19-051,Version:1 Action on Resolution 19-051, a Resolution authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement. Summary: The current Marketplace Agreement between the City of Brookings and Brookings Marketplace, LLC is set to expire July 1, 2019. The developer requests an agreement extension to continue national and regional retail recruitment efforts. To ensure proper process and that agreement terms are met, the developer and staff request an extension until July 1, 2021. The existing efforts, retail climate, City’s pursuit of a national retailer, and attainment of wetland mitigation validate the need for an extension. The finalized plan and agreement would come before Council for final action. Background: The City of Brookings obtained the former Department of Transportation land containing 26 acres located east of I-29 and north of Highway 14 for $1.6 million. An agreement was entered into with Brookings Marketplace, LLC in December 2016 to develop the property with commercial intentions. The original agreement was set to expire December 2018; however, the City extended the agreement until April 1, 2019, and again to July 1, 2019. The terms of the agreement dictate milestones, infrastructure requirements, and additional development agreement requirements. Recommendation: Staff recommends approval of the resolution as presented. Attachments: Memo Resolution Agreement 12/14/2016 Map City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Paul Briseno, City Manager Council Meeting:June 25, 2019 Subject:Brookings Marketplace, LLC Agreement; Extension Person(s) Responsible: Paul Briseno, City Manager Summary: The current Marketplace Agreement between the City of Brookings and Brookings Marketplace, LLC is set to expire July 1, 2019. The developer requests an agreement extension to continue national and regional retail recruitment efforts. To ensure proper process and that agreement terms are met, the developer and staff request an extension until July 1, 2021. The existing efforts, retail climate, City’s pursuit of a national retailer, and attainment of wetland mitigation validate the need for an extension. The finalized plan and agreement would come before Council for final action. Background: The City of Brookings obtained the former Department of Transportation land containing 26 acres located east of I-29 and north of Highway 14 for $1.6 million. An agreement was entered into with Brookings Marketplace, LLC in December 2016 to develop the property with commercial intentions. The original agreement was set to expire December 2018; however, the City extended the agreement until April 1, 2019, and again to July 1, 2019. The terms of the agreement dictate milestones, infrastructure requirements, and additional development agreement requirements. Discussion: Brookings Marketplace, LLC requests an extension to allow additional time for national and regional retail recruitment efforts. To achieve this action, a resolution extending the agreement to July 1, 2021 is requested. Therefore, the developer and staff request an additional extension. Any recommended finalized plan/agreement will require future Council action. The developer has agreed to provide the Council/public updates every four months throughout the process. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Approve with alternative deadline 3. Deny Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approve the Resolution extending the Marketplace agreement with Brookings Marketplace, LLC to July 1, 2021. Supporting Documentation: 1. Resolution Extension 2. Original Agreement 3. Map Resolution 19-051 Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement Whereas, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016; and Whereas, the parties now desire to again modify Sections 4 and 7 of said Development Agreement to extend the time of retail recruitment and performance of due diligence activities by the Developer until July 1, 2021. Now, Therefore, Be It Resolved: 1. That Amendment to the Development Agreement by and between the City of Brookings and Brookings Marketplace, LLC as described herein is hereby approved, and 2. That the Mayor, City Manager and Acting City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. Dated this 25th day of June, 2019. CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk Market Place 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 19-052,Version:1 Action on Resolution 19-052, a Resolution authorizing the Transfer of Real Property to Brookings Economic Development Corporation for Economic Development Purposes. Summary: The Brookings Economic Development Corporation desires to purchase approximately eight (8) acres of real property described as a portion of Block Eleven (11) of Freeland Addition to the City of Brookings, for the price of Sixty-five thousand three hundred forty dollars ($65,340) per acre. Background: For the express purpose of furthering economic growth and development of the City of Brookings, South Dakota the Brookings Economic Development Corporation agrees to sell, convey or otherwise transfer said property to a business which is, or will be, conducting business in the City of Brookings, South Dakota. Fiscal Impact: Approximately eight (8) acres of real property for the price of Sixty-five thousand three hundred forty dollars ($65,340) per acre. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 6/21/2019Page 1 of 1 powered by Legistar™ Resolution 19-052 A Resolution Authorizing the Transfer of Real Property to Brookings Economic Development Corporation for Economic Development Purposes Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the Brookings Economic Development Corporation desires to purchase approximately eight (8) acres of real property described as a portion of Block Eleven (11) of Freeland Addition to the City of Brookings, for the price of Sixty-five thousand three hundred forty dollars ($65,340) per acre. Whereas, for the express purpose of furthering economic growth and development of the City of Brookings, South Dakota the Brookings Economic Development Corporation agrees to sell, convey or otherwise transfer said property to a business which is, or will be, conducting business in the City of Brookings, South Dakota, and Whereas, it is in the best interests of the City of Brookings that the City provide its economic development assistance in this matter to aid and assist with the completion of the aforesaid transaction which will further economic development in the City of Brookings; and Whereas, the City is authorized to enter into this transaction as an economic development activity under the laws of the State of South Dakota; Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City convey title to the above-described property to the Brookings Economic Development Corporation for sale of the above-described property to a business; and B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute the required documents in accordance with this Resolution. Passed and approved on the 25th day of June, 2019. CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk East of 32nd North of Hwy 14 Bypass 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 2019-0265,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant to the City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation to be posted following the City Council Meeting. City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0260,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of preparing for contract negotiations or negotiating with employees or employee representatives. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2. City of Brookings Printed on 6/20/2019Page 1 of 1 powered by Legistar™