HomeMy WebLinkAbout2021_04_27 CC MinutesBrookings City Council
April 27, 2021
The Brookings City Council held a meeting on Tuesday, April 27, 2021 at 6:00 PM, at
the City & County Government Building Chambers with the following City Council
members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink,
Joey Collins, Oepke Niemeyer, Holly Tilton Byrne, and Nick Wendell. City Attorney
Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also
present.
6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Council Member Wendell, seconded by
Council Member Collins, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and
Collins.
3.A. Action to approve the agenda.
3.13. Action to approve the March 23 and April 20, 2021 City Council Minutes.
3.C. Action on appointments to City Boards, Committees, and Commissions:
Airport Board: reappoint Brian VanLiere (term expires 5/1/2026); Board of Adjustment:
appoint Jake Russell, 2nd Alternate position (term expires 1/1/2024); Libra Board:
appoint Denise Hall (term expires 1/1/2024); Park & Recreation Board: reappoint Doug
Smith & Jay Larsen (terms expire 5/1/2024; Utility Board: reappoint Tim Harvey (term
expires 5/1/2026).
3.D. Action to abate property taxes in the amount of $1,246.38 for Parcel #40180-
00900-002-00, Verhoek Investments, LLC, Chad Verhoek, owner. Legal
description: Lot 2, Block 9, Freeland Addition.
Recognition of Mayor Keith W. Corbett. Mayor Keith W. Corbett was recognized for
his leadership to the City of Brookings in the following roles: City Council Member from
May 2010 -May 2017; Brookings Health Systems Board of Trustees from June 2013 -
June 2018; Joint Powers Board from May 2015 - May 2016; Brookings Municipal
Utilities Board from July 2010 - June 2012; BEDC Leaders Roundtable; Communities of
Excellence; and as Mayor from May 2017 - May 2021. Deputy Mayor Patty Bacon
presented Mayor Corbett with an American Flag in recognition of his years as City
Council Member, and a gavel in recognition of his years as Mayor.
Presentation: South Dakota Resilient Communities. Heidi Gullickson, United Way
Director, and City of Brookings Police Chief Dave Erickson presented to the City of
Brookings a plaque recognizing the City of Brookings as a Resilient Community. The
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Resilient Communities South Dakota framework was created by the Center for the
Prevention of Child Maltreatment and its partner organizations to help address factors in
communities that put children at risk for abuse and neglect. It creates an environment
that is trauma -informed, so community members understand the lifetime effects of
experiencing childhood adversity. The process also identifies existing resources in the
community that can be used to strengthen multi -sector collaborations and prevention
efforts.
Presentation: Brookings Insi hts Performance Mana ement S stem. Jake
Meshke, Assistant City Manager, provided an overview and presentation on the
Brookings Insights Performance Management System. Brookings Insights is an
organization -wide performance management system that tracks key metrics in
comparison to historical performance, national averages, and benchmarks as available.
The chosen assortment of data points aligns with state and federal reporting metrics,
professional association recommendations, and from peer communities utilizing best
practices from across the country. Reviewing and analyzing data against historical
performance, national averages, and established benchmarks highlights trends, tells the
story of City operations, and sets the stage for continuous organizational improvement.
SDSU Report. Anna Shane, Government Affairs Chair for the SDSU Students
Association, provided an update on SDSU happenings to the City Council and public.
Resolution 21-024. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that Resolution 21-024 be removed from the Table. The
motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell,
Tilton Byrne, and Collins.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Wendell, that Resolution 21-024, a Resolution Replacing the Mandatory Provisions set
forth in Emergency Ordinance 21-013 with Recommendations to Address a Public
Health Crisis and Slow the Spread of Coronavirus (COVID-1 9) in the City of Brookings,
South Dakota, be approved. Public Comment: Cole Sartell, Bradley Walker, and Kelly
Wininger. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Bacon,
Wendell, Tilton Byrne, and Collins No: 1 — Brink.
Resolution 21-024 - A Resolution Replacing the Mandatory Provisions set forth in
Emergency Ordinance 21-013 with Recommendations to Address a Public Health Crisis
and Slow the Spread of Coronavirus (COVI D-1 9) in the City of Brookings, SD.
1.
Be It Resolved and Adopted by the City Council of the City of Brookings, State of South
Dakota, as follows:
Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and
SDCL 9-32-1 to pass ordinances and resolutions for the purpose of promoting the
health, safety and general welfare of the community, and to do what may be
necessary for the promotion of health or the suppression of diseases; and
Whereas, COVI D-19 has been confirmed in more than 100 countries, including the
United States; and
Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court
Chief Justice Roberts stated in a 2020 decision "people may be infected but
asymptomatic, [and] they may unwittingly infect others"; and
Whereas, the Centers for Disease Control and Prevention (CDC), the World Health
Organization (WHO), medical and scientific associations and physicians continue to
suggest individuals wear a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 21-001 was adopted to continue necessary procedures to slow the
rise of positive cases of COVID-19 and slow down the rate of infection, and therefore
bore a real and substantial relationship to public health because the measures were
recognized to be the best available procedures to slow the rate of transmission of
COVID-19; and
Whereas, the current rate of infections and community spread of COVID-19 in
Brookings, South Dakota, together with the increasing number of vaccinated residents
of Brookings County and within the State of South Dakota, and the reduction of
hospitalizations provide the basis for replacing the mandatory restrictions set forth in
Ordinance 21-001 with the recommendations set forth in this Resolution; and
Whereas, the intent of this Resolution is to encourage the public to continue the safety
measures provided in this Resolution which, outside of the vaccines, remain reasonable
measures available to reduce the spread of COVID-19; and
Whereas, while many States and Cities have recently revised their COVID-19
safety protocols, the City of Brookings and many States and communities across
the country continue to encourage the public to follow White House and CDC
recommendations by restricting occupancy at bars, restaurants, food courts, gyms,
and other indoor and outdoor venues where people congregate until the public
health emergency is over; and
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Whereas, the failure to follow reasonable recommendations, includingsocial
distancing would likely result in higher numbers of infected individuals and has the
potential to threaten the capacity of the City's health care providers; and
Whereas, it is important that control measures, including use of face masks in
indoor places, continue to be taken to reduce or slow down the spread of COVI D-19
in order to protect the health and safety of the City's residents, especially seniors
and those with underlying health conditions that make them particularly vulnerable
to COVID-19; and
Whereas, the City of Brookings has been utilizing Ordinance 21-001 and
subsequently Ordinance 21-013 to address the COVID-19 public emergency in the
City of Brookings; and
Whereas, based on the number of cases in Brookings County, the number of
current hospitalizations in the City, and the available modeling, the City Council
believes the occupancy, social distancing and face covering restrictions set forth in
Ordinance 21-001 and subsequently Ordinance 21-013 can be replaced with similar
recommendations which, while not mandatory, will reduce the potential for
community spread of COVID-19 cases in the City and State.
Now, Therefore, the City Council of the City of Brookings makes the following
recommendations:
1. Any businesses identified in Ordinance 20-005 may reopen or remain open to
serve patrons on-site.
2. Businesses within the City of Brookings which are open to the public are
encouraged to follow guidelines to slow the spread of COVID-19:
a) Establish a minimum six-foot distance between any tables. This provision
does not need to be observed between members of the same household.
b) All businesses should collaborate with the City to identify their occupancy
allowance and post it in a conspicuous location outside the building.
c) Restaurants, bars, and casinos should be limited to a maximum capacity of
one-half ('/z) of their maximum posted capacity. Capacity should be
posted at the front of the business.
d) All restaurants, food trucks and bars should disinfect or dispose of all
menus before and after use by each customer. Condiment containers
should be cleaned/disinfected between each group and should not be shared
among multiple groups. Salad bars and self-service buffets are permitted,
but not recommended.
e) Grocery stores, retail businesses, recreation and fitness businesses
should be limited to a maximum capacity of one-half (1/2) of their maximum
posted capacity. Capacity must be posted at the front of the business.
fl Businesses should require social distance spacing while customers or
patrons are waiting for service or entry into a business. Spacing may be
accomplished by requiring people to remain in their vehicles.
g) In retail and grocery businesses, businesses should install a plexiglass, or
similar divider where physically possible between the cashier and
customer.
h) Businesses should require employees to wash hands at regular intervals.
i) Restaurant and bar (those businesses with an alcoholic beverage license)
staff and employees should wear masks which cover the employee's nose
and mouth.
j) In casinos, video lottery machines should be cleaned and disinfected between
each customer.
k) Staff and employees of hair salons, nail and tanning salons, spas and barber
shops should wear masks which cover their nose and mouth during
customer contact times. Customer seating should beat least six (6) feet
apart.
I) In gyms and fitness facilities, any equipment and/or exercise mats should be
cleaned or disinfected between each use.
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m) Customer seating in theaters and similar businesses should be reduced to
allow for social distancing, with certain seats marked as "not available due
to social distancing guidelines" to ensure compliance.
n) Hand sanitizer locations readily available for public use should be made
available at grocery stores and retail businesses.
o) Enhanced cleaning/disinfecting requirements should be used for motel and
hotel rooms.
p) Seating for large gatherings should be reduced to comply with a six-foot
minimum distance between attendees.
q) Businesses are encouraged to conduct daily employee screenings for illness.
r) Businesses are encouraged to post signage outside of their facility that
encourages customers to wear face coverings and to not enter if they are
not feeling well or have COVI D-19 symptoms.
s) Businesses are encouraged to develop risk mitigation strategies for
restrooms or other areas where social distancing requirements are likely
to be compromised.
t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are
encouraged to have customers wipe down their equipment/machines
before and after use. However, businesses are recommended to ensure
proper cleaning and disinfecting of equipment and surfaces potentially
touched by customers and patrons is occurring.
u) Businesses, particularly salons, barber shops, and spas are encouraged
to provide service on an appointment -only basis to ensure proper social
distancing and hygiene practices are met.
v) Masks should be worn at city -sanctioned events. Masks which cover a
person's nose and mouth should be required for all persons attending or
working at events which require a City permit when a minimum of six —
foot distance cannot be maintained or achieved.
w) Masks should be worn when obtaining services from the healthcare sector in
settings, including but not limited to, a hospital, pharmacy, medical clinic,
laboratory, physician or dental office, veterinary clinic, or blood bank, unless
directed otherwise by an employee thereof or a health care provider.
x) Masks should be worn while riding on public transportation or while in a taxi,
private car service, or ride -sharing vehicle.
3. The following individuals are exempt from wearing masks or other face coverings:
a) Persons age five years or under; Children age two years and under in
particular should not wear a face covering because of the risk of suffocation;
b) Persons with a medical condition, mental health condition, or disability that
prevents wearing a face covering. This includes persons with a medical
condition for whom wearing a face covering could obstruct breathing or who
are unconscious, incapacitated, or otherwise unable to remove a face
covering without assistance;
c) Persons who are deaf or hard of hearing, or when communicating with a
person who is deaf or hard of hearing, where the ability to see the mouth is
essential for communication;
d) Persons for whom wearing a face covering would create a risk to the person
related to their work, as determined by local, state, or federal regulations or
workplace safety guidelines;
e) Persons who are obtaining a service involving the nose or face for which
temporary removal of the face covering is necessary to perform the service;
f) Persons who are seated at a restaurant or other establishment that offers
food or beverage service, while they are eating or drinking, provided they
maintain a six-foot distance between individuals (not including individuals who
reside together or are seated together) with only infrequent or incidental
moments of closer proximity;
g) Athletes and participants who are engaged in an organized sports activity that
allows athletes to maintain a six-foot distance from others with only infrequent
or incidental moments of closer proximity;
h) Persons who are engaged in an activity that a professional or recreational
association, public regulatory entity, medical association,or other public health
oriented entity has determined cannot be safely conducted while wearing a
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mask or other face covering and where other protections and precautions are
established and utilized;
i) Persons attending educational institutions where the public and private
schools through 12th grade, colleges, and universities have implemented
protections to slow the spread of COVI D-19;
j) Persons engaged in church and activities within religious places of worship,
including preschools, social halls and chapels within church facilities, which
may implement their own protections.
4. In addition to the specific recommendations listed above, businesses are
encouraged to operate in a manner consistent with the most recent CDC
guidelines and any applicable state regulations and the South Dakota Governor's
Executive Orders. CDC guidelines continue to recommend use of face coverings
where social distancing cannot be maintained.
5. The City encourages all members of the public within the City of Brookings to
continue to follow the CDC guidelines and recommended hygiene practices,
including, but not limited to, engaging in social distancing, and wearing masks
when outside their homes wherever possible.
6. Because this Resolution contains recommendations and not mandatory COVID-
19 safety measures, businesses are no longer required to request administrative
exceptions from the City to modify the strict compliance with these
recommendations. The City will no longer require that businesses implement
social distancing, or that Business are required to comply with the
recommendations set forth inthis Resolution or the CDC guidelines.
7. This Resolution contains recommendations, and while adherence to the
recommendations is requested in the public interest, there is no penalty for any
person or business who cannot or chooses not to comply with any of the
recommendations contained in this Resolution.
8. The recommendations set forth herein may not be applicable to the following
entities which have their own specific COVID-19 restrictions:
a) Health care facilities, residential care facilities, congregate care facilities, and
correctional facilities.
b) Crisis shelters, homeless shelters, and other similar institutions.
c) Any emergency facilities necessary for the response to the current public
health emergency or any other community emergency or disaster.
d) Official meetings of the city, schools, county or state.
e) The operations and meetings of any state or federal courts.
f} Educational institutions where public and private schools through 12th grade,
colleges, and universities have implemented protections to slow the spread of
COVI D-19.
g) Places of worship.
h) Any and all polling places, including absentee voting and Election Day polling
places, as well as all locations for processing absentee ballots and counting
ballots. All polling places for absentee and Election Day voting shall remain
open at all times.
9. This Resolution shall remain in effect for a period of sixty (60) days, at which
time it shall be automatically repealed unless specifically readopted for an
additional period of time by the City Council.
10. Enforcement — This Resolution contains only safety recommendations to reduce
the spread of COVID-19, and there will be no penalty or enforcement actions
which stem from noncompliance with the recommendations provided in this
Resolution.
11. Ordinance, 21-001 as subsequently amended by Ordinance 21-013, shall expire
at the earliest date permitted by law, and until it expires, its requirements will be
considered recommendations.
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12. Face Masks/Face Coverings Recommended. Within the City of Brookings, it is
recommended, but not required, that all persons except those under the age of
five (5) and those with a medical condition, mental health condition, or disability
that makes it unreasonable for the individual to maintain a face covering, wear a
face mask/face covering in indoor businesses and indoor public places where
six (6) foot social distancing cannot be achieved or maintained. A "face
covering" or "mask" must be worn to cover the nose and mouth completely, and can
include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or
neck gaiter.
II.
Be It Further Resolved that pursuant to SDCL 9-19-13, this resolution is adopted to
address a public health emergency and is necessary for the immediate preservation of
the public peace, health, safety and welfare of the City and shall become effective
immediately upon passage and publication.
Resolution 21-037. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 21-037, a Resolution Rejecting Bids on
2021-01 SWR, Sidewalk Maintenance Project, be approved. The motion carried by
the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and
Collins.
Resolution 21-037 - Resolution Rejecting Bids on
Project 2021-01 SWR Sidewalk Maintenance Project
Whereas, the City of Brookings opened bids for Project 2021-01 SWR, Sidewalk
Maintenance Project on Tuesday, April 20, 2021 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings received the following bid for the 2021-01 SWR Sidewalk
Maintenance Project: Clark Drew Construction, Inc. - $89,580.00; and
Whereas, the low bid was approximately 66% higher than the Engineer's Estimate.
Now, Therefore, Be It Resolved that the total low bid of $89,580.00 for Clark Drew
Construction, Inc. be rejected.
Resolution 21-038. A motion was made by Council Member Brink, seconded by
Council Member Wendell, that Resolution 21-038, a Resolution Rejecting Bids on 2021-
05ST1, Concrete Maintenance Project, be approved. Public Comment: Kesmond Willert.
The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, and Collins.
Resolution 21-038 - Resolution Rejecting Bids on
Project 2021-05SWR Concrete Maintenance Project
Whereas, the City of Brookings opened bids for Project 2021-05SWR Concrete
Maintenance Project on Tuesday, April 20, 2021 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings received the following bid for the 2021-05SWR
Concrete Maintenance Project: Schedule A: Timmons Construction, Inc. - $539,933.78;
Schedule B: $115,656.00; Total Bid: $655,589.78; and
Whereas, the low bid was approximately 40% higher than the Engineer's Estimate.
Now, Therefore, Be It Resolved that the total low bid of $655,589.78 for Timmons
Construction be rejected.
Resolution 21-036. A motion was made by Council Member Brink, seconded by
Council Member Bacon, that Resolution 21-036, a Resolution Awarding Bids on Project
2021-08STI Street Maintenance and Overlay Project, be approved. The motion carried
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by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
and Collins.
Resolution 21-036 - Resolution Awarding Bids on
Project 2021-08STI Street Maintenance and Overlay
Whereas, the City of Brookings opened bids for Project 2021-08ST1, Street
Maintenance and Overlay Project on Tuesday, April 20, 2021 at 1:30 pm at the
Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for the 2021-08STI
Street Maintenance and Overlay Project: Schedule A: Bowes Construction -
$1,359,453.64 and Asphalt Surfacing Company - $1,563,522.16; Schedule B: Bowes
Construction - $104,526.50 and Asphalt Surfacing Company - $124,909.70; Schedule
C: Bowes Construction - $10,368.75 and Asphalt Surfacing Company - $10,743.00;
Schedule D: Bowes Construction - $119,770.25 and Asphalt Surfacing Company -
$169,365.95; Schedule E: Bowes Construction - $96,391.83 and Asphalt Surfacing
Company - $104,331.95; Total Bid: Bowes Construction - $1,690,510.97 and Asphalt
Surfacing Company - $1,972,872.76.
Now, Therefore, Be It Resolved that the total low bid $1,690,510.97 for Bowes
Construction Co., Inc. be accepted.
Resolution 21-040. A motion was made by Council Member Wendell, seconded by
Council Member Collins, that Resolution 21-040, a Resolution Awarding Bids on Airport
Pavement Maintenance / Rehabilitation Project, AIP #3-46-0005-034-2021, be
approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink,
Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-040 - Resolution Authorizing the City Manager to Sign Bid Award and
Grant Documents for Brookings Airport Pavement Maintenance/Rehabilitation Project
No. AIP #3-46-0005-034-2021
Whereas, the Brookings City Council desires South Dakota Department of
Transportation assistance with the Brookings Regional Airport Project
3-46-0005-034-2021; and
Whereas, the City of Brookings desires the Airport Pavement Maintenance /
Rehabilitation Project that will include crack sealing, seal coat, mill and overlay of a
portions of runway 17/35, and runway and taxiway pavement markings; and
Whereas, the City of Brookings opened bids for the project on Tuesday, April 20, 2021
at 1:30 pm at the Brookings City and County Government Center and received the
following bids: Fahrner Asphalt Sealers - $174,882.66, Astech Corp - $182,353.00,
American Road Maintenance - $190,900.00, Gee Asphalt - $217,430.00, Maxwell
Asphalt, Inc. - $264,975.00.
Now, Therefore, Be It Resolved that the tentative award for AIP Project
#3-46-0005-34-2021, Airport Pavement Maintenance Project is made to Fahrner
Asphalt Sealers, for the low bid of $174,882.66, contingent upon receipt and approval of
a Good Faith DBE Effort and receipt of an FAA Grant Offer, and the Brookings City
Manager is authorized to sign the FAA Grant Offer, Grant Agreement and all necessary
paperwork for the Contract Documents.
FIRST READING — Ordinance 21-015. An introduction and first reading was held on
Ordinance 21-015, an Ordinance rezoning 21625 471st Avenue, from a Joint
Jurisdiction Agriculture (JJ -A) District and Joint Jurisdiction Residence (JJ -R1 B) Single-
family District to a Joint Jurisdiction Business (JJ -B3) Heavy District. Public Hearing:
May 11, 2021.
FIRST READING — Ordinance 21-016. An introduction and first reading was held on
Ordinance 21-016, an Ordinance amending Chapter 51, Subdivision Regulations,
Pertaining to Section 51-42, 51-64, and 51-65. Public Hearing: May 11, 2021.
FIRST READING — Ordinance 21-017. Introduction and First Reading on Ordinance
21-017, an Ordinance repealing Section 94-165 - SDSU Campus Edge Neighborhood
Design Review Overlay District and replacing it with Commercial Corridor Design
Review Overlay District. Public Hearing: May 11, 2021.
Ordinance 21-008. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Ordinance 21-008, an Ordinance Authorizing
Supplemental Appropriation #3 to the 2021 Budget - Parts 1,2 & 3, be approved.
The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, and Collins.
Ordinance 21-009. A public hearing was held on Ordinance 21-009, an Ordinance
Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings
and pertaining to the Adoption of the 2018 International Building Code, the 2018
International Residential Code, the 2018 International Mechanical Code, the 2018
International Fire Code, and the 2018 International Existing Building Code with certain
Amendments thereto. A motion was made by Council Member Wendell, seconded by
Council Member Niemeyer, that Ordinance 21-009 be approved. The motion carried by
the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and
Collins.
Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol
Application from the Brookings Cubs Baseball Group for a temporary alcohol license to
operate within the City of Brookings, South Dakota for the Brookings Cubs Baseball
Game Season to be held on at Bob Shelden Field, 530 Elm Avenue. A motion was
made by Council Member Tilton Byrne, seconded by Council Member Collins, that the
Temporary Alcohol Application be approved. The motion carried by the following
vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-035. A public hearing was held on Resolution 21-035, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On -Sale
Liquor Operating Agreement for Fergen Enterprises, Inc., dba Ray's Corner, Mike
Fergen, owner, 401 Main St. (Legal description change) Legal description: East 119 feet
of Lot 1, Lot 2, Block 6, Original Plat Addition. A motion was made by Council Member
Brink, seconded by Council Member Tilton Byrne, that Resolution 21-035 be approved.
The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, and Collins.
Resolution 21-035 - Fergen Enterprises, Inc., dba Ray's Corner
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 Fergen Enterprises, Inc., dba
Ray's Corner, Mike Fergen, owner, for the purpose of a liquor manager to operate the
on -sale establishment or business for and on behalf of the City of Brookings at 401
Main Avenue: legal description: East 119 feet of Lot 1, Lot 2, Block 6, 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.
On -Off Sale Malt License. A public hearing was held on a request for an On -Off Sale
Malt License, with video lottery, for Fergen Enterprises, Inc., dba Ray's Corner, Mike
Fergen, owner, 401 Main Ave., Suite B, legal description: East 119 feet of Lot 1, Lot 2,
Block 6, Original Plat Addition, Suite B. Pending permit issuance and final inspection
per the Community Development Dept. A motion was made by Council Member
Niemeyer, seconded by Council Member Tilton Byrne, that the On -Off Malt License be
approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink,
Bacon, Wendell, Tilton Byrne, and Collins.
Video Lottery Request. A public hearing was held on a request for Video Lottery for
Fergen Enterprises, Inc., dba Rays Corner, Mike Fergen, owner, 401 Main Avenue.
Legal description: East 119 feet of Lot 1, Lot 2, Block 6, Original Plat Addition, Suite B.
Pending permit issuance and final inspection per the Community Development Dept. A
motion was made by Council Member Wendell, seconded by Council Member Tilton
Byrne, that the Video Lottery request be approved. The motion carried by the following
vote. Yes. 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-032. A public hearing was held on Resolution 21-032, a Resolution
amending the 2040 Comprehensive Plan's Future Land Use Map. A motion was made
by Council Member Tilton Byrne, seconded by Mayor Corbett, that Resolution 21-032
be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer,
Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-032 - A Resolution Amending the Brookings, South Dakota
Comprehensive Plan 2040
Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a
Future Land Use Map, projects population figures for the planning period, and describes
an integrated land use vision for the City; and
Whereas, the owner of property legally described as Tract 1 of Mendel Family Addition
to the City of Brookings, Brookings County, South Dakota wishes to amend the Future
Land Use Map for the described area from Medium Density Residential (MDR) to Urban
Medium Intensity (UMI); and
Whereas, the City Council of the City of Brookings, SD held a public hearing in
accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use
Map of the Brookings, South Dakota Comprehensive Plan 2040; and
Whereas, the City Planning Commission of the City of Brookings, SD has
recommended approval of the amendment to the Future Land Use Map of the
Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17;
Now Therefore, Be It Resolved that said amendment to the Future Land Use Map of the
Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of
Brookings.
Preliminary Plat. A motion was made by Council Member Collins, seconded by
Council Member Brink, that the Preliminary Plat for Lots 1-7, Block 1 in MoriartySquare
uare
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Addition be approved. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-033. A motion was made by Council Member Brink, seconded by
Council Member Tilton Byrne, that Resolution 21-033, a Resolution Adopting the
Brookings Historic Preservation Plan, be approved. The motion carried by the following
vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-033 - A Resolution Adopting the Brookings Historic Preservation Plan
Whereas, the City Council of the City of Brookings, SD held a public hearing on the
proposed Brookings Historic Preservation Plan for the City; and
Whereas, the Historic Preservation Plan provides goals, policies, and strategies for
preserving the historic resources of the community; and
Whereas, the Brookings Historic Preservation Commission has recommended approval
of the Brookings Historic Preservation Plan.
Now, Therefore, Be It Resolved that the Brookings Historic Preservation Plan is hereby
adopted for the City of Brookings, with said plan to supersede the previous Brookings
Historic Preservation Plan 1999. The Brookings Historic Preservation Plan shall be on
file in the office of the City Clerk and is available for public inspection by any interested
person.
Resolution 21-028. A motion was made by Council Member Brink, seconded by
Council Member Niemeyer, that Resolution 21-028, a Resolution authorizing the
Modification of the Interest Rate on the Certificates of Participation (Brookings Health
System Project), Series 2013 and Certificate of Participation (Brookings Health System
Project), Series 2015B, be approved. The motion carried by the following vote: Yes: 7 -
Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.
Resolution 21-028 - Authorizing the Modification of the Interest Rate and Payment
Schedule Regarding the Lease Agreement Dated July 19, 2013; the Certificates of
Participation (Brookings Health System Project), Series 2013; the Lease Agreement
Dated November 18, 2015; and Certificates of Participation (Brookings Health System
Project), Series 201513; and Authorizing the Execution of such Documents are
necessary to carry out the Modification.
Whereas, the City of Brookings (the "City") is a duly organized South Dakota
municipality with the power to establish, construct, purchase, and maintain hospitals,
medical clinics, nursing facilities and homes for the aged (collectively the "Brookings
Health System"); and
Whereas, the City has the power pursuant to SDCL Chapters 34-9 and 9-12 to lease
and lease -purchase real and personal property; and
Whereas, the City had a Lease -Purchase Agreement, dated as of October 1, 2012 and
a Lease- Purchase Agreement Date November 18, 2015 (collectively the " Leases") with
First Bank & Trust, Brookings, South Dakota, as Trustee;
Whereas, the Trustee has executed and delivered a Declaration of Trust, dated as of
October 1, 2012 and November 18, 2015 (the Trust Agreements), joined in by the City,
pursuant to which is has issued Certificates of Participation in the lease payments to be
made by the City under the Leases, Series 2013 and Series 2015 (collectively the
"Certificates");
Whereas, the Hospital has negotiated a lowering of the interest rate on the Leases and
Certificates.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings as follows:
Section 1. Declaration of Necessity. The governing body of the City in accordance
SDCL §§ 6-813-30 through 6-813-52, does hereby declare a necessity and in the best
interests of the City to modify the interest rate on the Certificates to be dated and
effective April 1, 2021, which will reduce the debt service costs.
Section 2. Authorization and Approval of Transactions. Subject to the terms and
conditions set forth herein, the City hereby (i) authorizes or approving modification of
the interest rates on the Leases and Certificates; (ii) authorizes or approves the
execution of supplemental Trust Agreements for the purpose of issuing such
modification of the Certificates, and (iii) authorizing the execution of an amendment to
the Leases to provide for Lease Payments at least sufficient to pay amounts
representing principal, premium, if any, and interest with respect to the Certificates then
to be Outstanding.
Section 3. Approval of Documents and Legal Description. The Mayor, Finance Officer
and City Clerk (the "Authorized Officers") are hereby authorized and empowered for and
on behalf of the City to approve and execute (i) the Certificates; (ii) the supplemental
Trust Agreements, and (iii) the amendment to the Leases.
Section 4. Tax Matters. The City covenants and agrees with the registered owners
from time to time of the Leases and Certificates that it will not take orp ermit to be taken
by any of its officers, employees or agents any action which would cause the interest
component or interest on the Leases or Certificates to become includable in gross
income for federal income tax purposes under the Code and applicable Treasury
Regulations (the "Regulations"), and covenants to take any and all actions within its
powers to ensure that the basic interest on the Certificates will not become includable in
gross income for federal income tax purposes under the Code and the Regulations.
Section 5. Miscellaneous. Each Authorized Officer and any other agent or employee of
the City is hereby authorized and empowered to take such other actions and execute
and deliver such other instruments and agreements, including appropriate tax
certifications and other closing certificates, as may be necessary or appropriate for the
purposes of consummating the transactions contemplated herein, the necessity therefor
and the appropriateness thereof to be evidenced conclusively by any such Authorized
Officer's taking any such action or executing and delivering any such instrument,
agreement or certificate and all actions taken heretofore and hereafter pursuant to the
authority hereof are hereby authorized, ratified and approved for and as the actions of
the City.
Section 6. Incontestability. Pursuant to SDCL 6-813-30 through 6-813-52, the Leases and
Certificates are incontestable for any reason after delivery for value.
Section 7. Conflicting Resolutions Repealed. All resolutions or parts thereof in conflict
herewith are, to the extent of such conflict, hereby repealed.
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City's activities and projects to the City Council and public.
Adiourn. A motion was made by Council Member Wendell, seconded by Council
Member Brink, that the meeting be adjourned at 7:30 p.m. The motion carried by a
unanimous vote.
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�;g•��r oster, City Clerklow
CITY OF BROOKINGS
Keith W. Corbett, Mayor