HomeMy WebLinkAbout2021_05_11 CC PKTCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
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Council Chambers6:00 PMTuesday, May 11, 2021
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2.ID 21-0231 Present Certificate of Election and Oath of Office to Mayor Oepke “Ope”
Niemeyer and City Council Members Patty Bacon and Nick Wendell.
Certificate of Election - O. Niemeyer
Certificate of Election - P. Bacon
Certificate of Election - N. Wendell
Oath of Office - O. Niemeyer
Oath of Office - P. Bacon
Oath of Office - N. Wendell
Attachments:
3. Record of Council Attendance.
4. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion, unless a member of the
Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
Page 1 City of Brookings
May 11, 2021City Council Meeting Agenda - Final
4.A. Action to approve the agenda.
4.B.ID 21-0230 Action to approve the April 27, 2021 City Council minutes.
4/27/2021 MinutesAttachments:
5. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
6. Open Forum/Presentations/Reports:
6.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
7. Contracts/Change Orders:
7.A.RES 21-030 Action on Resolution 21-030, a Resolution Awarding Bids on Project
2021-04STI Swiftel Pavement Reconstruction Project.
Memo
Resolution
Map
Attachments:
8. Ordinance First Readings: None
The title of the Ordinance is read. No vote is required on the first reading of an
Ordinance. Public Comment and Council discussion is permitted. The date for the
second reading is announced.
9. Public Hearings and Second Readings:
9.A.ORD 21-015 Public Hearing and Action on Ordinance 21-015, an Ordinance rezoning
21625 471st Avenue, from a Joint Jurisdiction Agriculture (JJ-A) District
and Joint Jurisdiction Residence (JJ-R1B) Single-family District to a Joint
Jurisdiction Business (JJ-B3) Heavy District.
Page 2 City of Brookings
May 11, 2021City Council Meeting Agenda - Final
Memo
Ordinance
Planning Commission Notice
Joint Planning Commission Minutes
City Council Hearing Notice
County Staff Report
Application
Aerial and Zoning Map
Future Land Use Map
Development Suitability Map
JJ-B3 District
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
4/27/21 City Council read into the record
9.B.ORD 21-016 Public Hearing and Action on Ordinance 21-016, an Ordinance amending
Chapter 51, Subdivision Regulations, Pertaining to Section 51-42, 51-64,
and 51-65.
Memo
Ordinance - Marked
Planning Commission Notice
Planning Commission Minutes
City Council Hearing Notice
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
4/27/21 City Council read into the record
9.C.ORD 21-017 Public Hearing and Action 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.
Memo
Ordinance
Planning Commission Notice
Planning Commission Minutes
City Council Hearing Notice
Boundary Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
4/27/21 City Council read into the record
Page 3 City of Brookings
May 11, 2021City Council Meeting Agenda - Final
9.D.ID 21-0227 Public Hearing and Action on a request for an On-Off Sale Malt License for
Behrend Management, Inc., dba Casino 2000, Brooks Behrend, owner,
622 25th Ave S, Suite B Legal description: Block 12 of Telkamp Addition,
Suite B. Pending permit issuance and final inspection per the Community
Development Dept.
Memo
City Attorney Opinion on AR 48.02.11.02
Legal Notice
Proposed Building Plan
Location Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9.E.ID 21-0228 Public Hearing and Action on a request for Video Lottery for Behrend
Management, Inc., dba Casino 2000, Brooks Behrend, owner, 622 25th
Ave S. Legal description: Block 12 of Telkamp Addition, Suite B.
Pending permit issuance and final inspection per the Community
Development Dept.
Memo
City Attorney Memo on Video Lottery - 2018.05.02
City Attorney Opinion on AR 48.02.11.02
Video Lottery - State Statues and Admin Rule
Legal Notice
Location Map
Proposed Building Plan
Current Video Lottery List
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9.F.ID 21-0229 Public Hearing and Action on a request to transfer an On-Off Sale Malt
License, with Video Lottery, from ERL LLC, dba The Depot, Kathy
McClemans and Robb McClemans owners, to MG Oil Company, dba The
Depot Casino, Marlyn Erickson and Troy Erickson, owners, 921 20th
Street South. Legal description: Lot 7B, Block 13, McClemans Addition.
Memo
Legal Notice
City Code and SDCL References
Location Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9.G.RES 21-029 Public Hearing and Action on Resolution 21-029, a Resolution authorizing
the City Manager to enter into an Operating Agreement for an On-Sale
Wine Operating Agreement for MG Oil Company, dba Corner Pantry #19,
Marlyn Erickson and Troy Erickson, owners, 921 20th Street South. Legal
description: Lot 7B, Block 13, McClemans Addition.
Page 4 City of Brookings
May 11, 2021City Council Meeting Agenda - Final
Memo
Resolution
Operating Agreement
Notice of Public Hearing
Code and SDCL References
Location Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Other Business:
10.A.RES 21-034 Action on Resolution 21-034, Contingency Funds Transfer to 2021’s
Budget - July 4th Fireworks
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
11.ID 21-0242 COVID-19 Update.
12. 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.
13. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Joey Collins, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, 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.
Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx
), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the
City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you.
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 21-0231,Version:1
Present Certificate of Election and Oath of Office to Mayor Oepke “Ope” Niemeyer and City Council
Members Patty Bacon and Nick Wendell.
Summary:
Mayor Niemeyer and City Council Members Bacon and Wendell will be presented with their
Certificate of Election and take their Oath of Office.
Attachments:
Certificate of Election - Oepke Niemeyer
Certificate of Election - Patty Bacon
Certificate of Election - Nick Wendell
Oath of Office - Oepke Niemeyer
Oath of Office - Patty Bacon
Oath of Office - Nick Wendell
City of Brookings Printed on 5/6/2021Page 1 of 1
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BONNIE FOSTER, CITY CLERK
DATED AT BROOKINGS, SD, THIS 11TH DAY OF MAY, 2021
Oepke Niemeyer
BONNIE FOSTER, CITY CLERK
DATED AT BROOKINGS, SD, THIS 11TH DAY OF MAY, 2021
Patty Bacon
BONNIE FOSTER, CITY CLERK
DATED AT BROOKINGS, SD, THIS 11TH DAY OF MAY, 2021
Nick Wendell
OEPKE G. NIEMEYER
KEITH W. CORBETT, MAYOR
SUBSCRIBED & SWORN TO BEFORE ME THIS 11TH DAY OF MAY, 2021.
PATTY BACON
OEPKE G. NIEMEYER, MAYOR
SUBSCRIBED & SWORN TO BEFORE ME THIS 11TH DAY OF MAY, 2021.
NICK WENDELL
OEPKE G. NIEMEYER, MAYOR
SUBSCRIBED & SWORN TO BEFORE ME THIS 11TH DAY OF MAY, 2021.
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 21-0230,Version:1
Action to approve the April 27, 2021 City Council minutes.
Attachments:
04/27/2021 Minutes
City of Brookings Printed on 5/6/2021Page 1 of 1
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Brookings City Council
April 27, 2021 (unapproved)
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.B. 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); Library 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
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 Insights Performance Management System. 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-19) 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 (COVID-19) in the City of Brookings, SD.
I.
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, COVID-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
Whereas, the failure to follow reasonable recommendations, including social
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 COVID -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 (½) 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 (½) of their maximum
posted capacity. Capacity must be posted at the front of the business.
f) 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 be at least six (6) feet
apart.
l) In gyms and fitness facilities, any equipment and/or exercise mats should be
cleaned or disinfected between each use.
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 COVID-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
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 COVID-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 in this 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
COVID-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.
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
2021-01SWR, 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 2021-01SWR Sidewalk Maintenance Project
Whereas, the City of Brookings opened bids for Project 2021-01SWR, 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 2021-01SWR 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-
05STI, 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
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 2021-08STI, 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-R1B) 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 Cou ncil 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., db a
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 Ray’s 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 Moriarty Square
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 pub lic 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 2015B; 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 §§ 6-8B-30 through 6-8B-52, does hereby declare a necessity and in the best
interests of the City to modify the interest rate on the Certificates to be d ated 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 Office r
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 or permit 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 -8B-30 through 6-8B-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.
Adjourn. 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.
CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 21-030,Version:1
Action on Resolution 21-030, a Resolution Awarding Bids on Project 2021-04STI Swiftel Pavement
Reconstruction Project.
Summary:
This resolution will award the 2021-04STI Swiftel Pavement Reconstruction Project to Timmons
Construction, Brookings, SD, for Alternative B (8” Concrete Paving) for the low bid of bid of
$109,532.50. The bid for this Alternative is 36% lower than the engineer’s estimate of $172,842.50.
The project will be constructed this year and will be completed by the end of October 2021.
Recommendation:
Staff recommends approving the resolution as presented to award the project for Alternative B to
Timmons Construction for the low bid of $109,532.50.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: May 11, 2021
Subject: Resolution 21-030, Awarding 2021-05STI, Swiftel Pavement
Reconstruction Project
Person(s) Responsible: Jackie Lanning, City Engineer
Thad Drietz, Assistant City Engineer
Summary:
This resolution will award the 2021-04STI Swiftel Pavement Reconstruction Project to
Timmons Construction, Brookings, SD, for Alternative B (8” Concrete Paving) for the
low bid of $109,532.50. The bid is approximately 36% lower than the engineer’s
estimate of $172,842.50. The project will take place during this construction season
and will be completed by the end of October 2021.
Background:
There is an area of existing asphalt pavement between the Swiftel Center and Larson
Ice Center that is in poor condition (see enclosed map). The area was identified by the
staff at the Swiftel Center as a priority since the location has heavy traffic and is used
for loading/unloading by large trucks for events. The Swiftel Center staff originally
requested a concrete pavement. The Engineering Division designed an 8” reinforced
concrete pavement with the intent to bid with the street maintenance project. However,
seeing that the cost may be over budget, the pave ment bid was removed from the street
maintenance project and was bid separately, including an option to install a less
expensive 6” thick asphalt pavement. Both pavement options are thicker than the
previous pavement to withstand the traffic loading.
Item Details:
The bid letting for this project was held on Tuesday, April 27, 2021 and the City received
the following bids:
2021-04STI Swiftel
Pavement Reconstruction
Project
Bowes
Construction, Inc.
Timmons
Construction
Engineer's
Estimate
Alternative A: 6” Asphalt
Pavement $76,282.25 No Bid $92,927.00
Alternative B: 8”
Reinforced Concrete
Pavement
No Bid $109,532.50 $172,842.50
Staff reviewed the bid prices in comparison to bids received in previous years. The
asphalt and concrete bid prices received were very competitive and lower than the 2020
bid prices.
After careful review, staff is recommending Alternative B, 8” Reinforced Concrete
Pavement. The concrete pavement was the original request by Swiftel staff and will
provide for a rigid pavement to withstand the truck loading, turning movements and
long-term equipment storage in this location.
Legal Consideration:
None.
Strategic Plan Consideration:
4) Sustainability: The street maintenance program furthers the accomplishment of
City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The
existing asphalt material at the Swiftel Center will be ground up and recycled. In
addition, the concrete is a cooler pavement, thereby reducing the “heat island” effect
between the Swiftel Center and the Larson Ice Arena. With the Swiftel Center’s
HVAC condenser units adjacent to the pavement, this may even have the potential
to improve the efficiency of the HVAC system on hot days.
Financial Consideration:
The total cost of the work at the Swiftel Center for Alternative B, 8” Concrete Paving, as
well as the asphalt overlay in the south parking lot and concrete sidewalk repairs, falls
under the 2021 Swiftel budgeted amount of $260,000.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
1. Resolution
2. Map
Resolution No. 21-030
Resolution Awarding Bids on Project 2021-04STI
Swiftel Pavement Reconstruction Project
Whereas, the City of Brookings opened bids for Project 2021-04STI Swiftel Pavement
Reconstruction Project on Tuesday, April 27, 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 2021-04STI
Swiftel Pavement Reconstruction Project: Alternative A (Asphalt Paving): Bowes
Construction - $76,282.25 and Alternative B (Concrete Paving): Timmons Construction
- $109,532.50;
Now Therefore, Be It Resolved that the low bid $109,532.50 from Timmons
Construction for Alternative B (Concrete Paving) be accepted.
Passed and approved this 11th day of May 2021.
CITY OF BROOKINGS
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
N
S
W E
2021-04STI Swiftel Pavement Reconstruction Project
Project Location
6th Street
In
ters
ta
te
-
2932nd Avenue34th AvenueSwiftel Center
Larson Ice Center
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 21-015,Version:2
Public Hearing and Action on Ordinance 21-015, an Ordinance rezoning 21625 471 st Avenue, from a
Joint Jurisdiction Agriculture (JJ-A) District and Joint Jurisdiction Residence (JJ-R1B) Single-family
District to a Joint Jurisdiction Business (JJ-B3) Heavy District.
Summary:
COD Investments LLC has purchased a 33.48 acre parcel of land near the s-curve on Main Avenue
South (corner of 216th St and 471st Avenue). The applicant is requesting to rezone the property to
Joint Jurisdiction Business (JJ-B3) Heavy District.
Recommendation
The Planning Commission voted 6-0 recommending approval on April 6, 2021.
Attachments:
Memo
Ordinance
Planning Commission Notice
Joint Planning Commission Minutes
City Council Hearing Notice
County Staff Report
Application
Aerial and Zoning Map
Future Land Use Map
Development Suitability Map
JJ-B3 Regulations
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021 / May 11, 2021
Subject: Ordinance 21-015, an Ordinance rezoning 21625 471st Ave,
from Joint Jurisdiction Agriculture (JJ-A) District and Joint
Jurisdiction Residence (JJ-R1B) Single-family District to
Joint Jurisdiction Business (JJ-B3) Heavy District.
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
COD Investments LLC has purchased a 33.48 acre parcel of land near the s -curve on
Main Avenue South (corner of 216th Street and 471st Avenue). The applicant is
requesting to rezone the property to a Joint Jurisdiction Business (JJ-B3) Heavy District.
Background:
The property is located at 1625 471st Avenue along the southwest corner of the s-curve
south of Brookings. The property is currently split zoned, with roughly 17 acres of the
western half zoned JJ-A and roughly 16 acres of the eastern half zoned JJB-3. COD
Investments LLC purchased the property in 2019 and now wishes to establish a use
consistent with the JJB-3 allowable uses.
Item Details:
The property is located within the Open/Wetlands Land Use Classification in the
Comprehensive Plan. While the open/wetlands classification is not highly supportive of
a rezoning request to a higher use, there are minimal concerns with a potential rezone
of this property. As mentioned, half of the property is currently zoned Joint Jurisdiction
R1-B which already allows a higher use than Agriculture. Staff recommends cleaning
up examples of split-zoning, therefore, a full rezone would be recommended. The
property is surrounded by JJ-A with the exception of an adjacent JJR1-B across 471st
Avenue to the northeast.
The property is shown as having low to moderate development limitations according to
the comprehensive plan’s development suitability model. Suitability factors include the
presence of wetlands, depth to water, location within the floodplain, soil drainag e class,
slope of the land, land cover, and others. The property is not located within the
floodplain; however, factors of depth to water and soil conditions may be a concern.
Such conditions could be mitigated for responsible development of the property.
Legal Consideration:
None
Strategic Plan Consideration:
Economic Growth - Rezoning the property will promote economic growth by establishing
a zoning district supportive of business opportunities.
Financial Consideration:
None
Recommendations:
The Planning Commission voted 6-0 recommending approval on April 6, 2021.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Supporting Documentation:
Ordinance
Planning Commission Notice
Joint Planning Commission Minutes
City Council Hearing Notice
County Staff Report
Application
Aerial and Zoning Map
Future Land Use Map
Development Suitability Map
JJB-3 Regulations
Master Map
master map of GIS DATA
SuitabilityModel
Low Limitations
Moderate Limitations
Severe Limitations
600ft
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC41 41
524. Supplementary regulations. See regulations prescribed in Article VII, Sections
700, 710, 720 and 730.
Section 530. Business B-2A professional office.
531. Permitted uses.
.1 Office (0rd. 05-95, 2-28-95)
.2 Personal health service (0rd. 05-95, 2-28-95)
.3 Funeral home or mortuary (0rd. 05-95, 2-28-95)
.4 Pharmacy (Ord. 5-95, 2-28-95)
532. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a twenty-five (25) foot side yard on the side abutting the resi-
dential district. When adjacent to other than residential districts, no side yard is
required; however, where side yards are provided for such a building, each such
side yard shall be not less than six (6) feet in width. No minimum lot area or
building frontage shall be required.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which
yard shall be not less than twenty-five (25) feet in depth.
.3 Rear yard. No building shall be within twenty (20) feet of the rear lot line.
533. Supplementary regulations. See regulations prescribed in Article VII, Sections 700,
710, 720 and 730.
Section 540. Business B-3 heavy.
541. Permitted uses.
.1 Retail or service store (Ord. 5-95, 2-28-95)
.2 Personal service store (Ord. 5-95, 2-28-95)
.3 Personal health service (Ord. 5-95, 2-28-95)
.4 Office (Ord. 5-95, 2-28-95)
.5 Hotel (Ord. 5-95, 2-28-95)
.6 Drive-in food service (Ord. 5-95, 2-28-95)
.7 Public transportation facility (Ord. 5-95, 2-28-95)
.8 Public utility facility (Ord. 5-95, 2-28-95)
.9 Funeral home or mortuary (Ord. 5-95, 2-28-95)
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC42 42
.10 Financial institution (Ord. 5-95, 2-28-95)
.11 Grocery supermarket (Ord. 5-95, 2-28-95)
.12 Automobile sales (Ord. 5-95, 2-28-95)
.13 Gas dispensing station (Ord. 5-95, 2-28-95)
.14 Parking facility or lot (Ord. 5-95, 2-28-95)
.15 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95)
.16 Car wash (Ord. 5-95, 2-28-95)
.17 Animal hospital (Ord. 5-95, 2-28-95)
.18 Temporary storage facility (Ord. 5-95, 2-28-95)
.19 Reverse vending machine (Ord. 5-95, 2-28-95)
.20 Motel (Ord. 5-95, 2-28-95)
.21 Day care facility (Ord. 5-95, 2-28-95)
542. Uses allowed as special exceptions by the Board of Adjustment.
.1 Outdoor sales (Ord. 5-95, 2-28-95)
.2 Storage and warehousing (Ord. 5-95, 2-28-95)
.3 Lumberyard (Ord. 5-95, 2-28-95)
.4 Nursery or greenhouse (Ord. 5-95, 2-28-95)
.5 Automobile service station (Ord. 5-95, 2-28-95)
.6 Motor vehicle repair shop (Ord. 5-95, 2-28-95)
.7 Citizens dropoff for recyclables (Ord. 5-95, 2-28-95)
.8 Buy back center for recyclables (Ord. 5-95, 2-28-95)
.9 Household hazardous waste site (Ord. 5-95, 2-28-95)
.10 Transfer site for recyclables (Ord. 5-95, 2-28-95)
.11 Light processing facility (Ord. 5-95, 2-28-95)
.12 Contractors shop and storage yard (Ord. 5-95, 2-28-95)
.13 Seasonal roadside stand/operation (Ord. 5-95, 2-28-95)
.14 Assembling and packaging (Ord. 5-95, 2-28-95)
.15 Freight handling (Ord. 5-95, 2-28-95)
.16 Manufacturing, light (Ord. 5-95, 2-28-95)
.17 Utility truck and trailer rental (Ord. 5-95, 2-28-95)
.18 Kennel (Ord. 5-95, 2-28-95)
.19 Wholesale trade (0rd. 5-95, 2-28-95)
543. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a fifty (50) foot side yard on the side abutting the residential
district. When adjacent to other than residential districts, no side yard is required;
however, where side yards are provided for such a building, each such side yard
shall not be less than six (6) feet in width.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which yard
shall be not less than twenty (20) feet in depth.
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC43 43
.3 Rear yard. No building shall be within twenty (20) feet of the rear lot line.
544. Supplementary regulations. See regulations prescribed in Article VII, Sections 700,
710, 720 and 730.
Section 550. Business B-4 highway.
551. Permitted uses.
.1 Automobile service station (Ord. 5-95, 2-28-95)
.2 Motel (Ord. 5-95, 2-28-95)
.3 Retail or service store (Ord. 5-95, 2-28-95)
.4 Truck stop with truck wash (Ord. 5-95, 2-28-95)
.5 Public transportation facility (Ord. 5-95, 2-28-95)
.6 Public utility facility (Ord. 5-95, 2-28-95)
.7 Grocery supermarket (Ord. 5-95, 2-28-95)
.8 Drive-in food service (Ord. 5-95, 2-28-95)
.9 Animal hospital (Ord. 5-95, 2-28-95)
.10 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95)
.11 Parking facility or lot (Ord. 5-95, 2-28-95)
.12 Financial institution (Ord. 5-95, 2-28-95)
.13 Automobile sales (Ord. 5-95, 2-28-95)
.14 Car wash (Ord. 5-95, 2-28-95)
.15 Reverse vending machine (Ord. 5-95, 2-28-95)
552. Uses allowed as special exceptions by the Board of Adjustment.
.1 Outdoor sales (Ord. 5-95, 2-28-95)
.2 Utility trailer and truck rentals (Ord. 5-95, 2-28-95)
.3 Citizen’s dropoff for recyclables (Ord. 5-95, 2-28-95)
.4 Storage and warehousing (Ord. 5-95, 2-28-95)
.5 Lumberyard (Ord. 5-95, 2-28-95)
.6 Nursery or greenhouse (Ord. 5-95, 2-28-95)
.7 Roadside stand (Ord. 5-95, 2-28-95)
.8 Assembling and packaging operation (Ord. 5-95, 2-28-95)
.9 Freight handling (Ord. 5-95, 2-28-95)
.10 Manufacturing, light (Ord. 5-95, 2-28-95)
.11 Buy back center for recyclables (Ord. 5-95, 2-28-95)
.12 Household hazardous waste (Ord. 5-95, 2-28-95)
.13 Day care facility (Ord. 5-95, 2-28-95)
.14 Transfer site for recyclables (Ord. 5-95, 2-28-95)
553. Area regulations.
.1 Lot area and width. There shall be a lot area of not less than forty thousand
(40,000) square feet per lot. Each lot shall have a building line frontage of not less
than two hundred (200) feet, except that when a lot fronts on a service road, pre-
Ordinance 21-015
An ordinance to change the zoning within the
Joint Jurisdictional Area surrounding the City of Brookings
Be It Ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That the real estate situated in the Joint Jurisdictional Area surrounding the
City of Brookings, in Brookings County, shall be amended as follows, to-wit:
The Northeast Quarter of the Northeast Quarter (NE ¼ NE ¼), Except Lot H-1,
and Except that part lying East and North of Lot H-1 thereof, in Section 14,
Township 109 North, Range 50 West of the 5th P.M., Brookings County, South
Dakota, from Joint Jurisdiction Agriculture (JJ-A) District and Joint Jurisdiction
Residence (R1-B) Single-Family District to Joint Jurisdiction Business (JJ-B3)
Heavy District.
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area
Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said
districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No.
14-80 Appendix C of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-
80 Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2021
Second Reading and Adoption: May 11, 2021
Published: May 14, 2021
CITY OF BROOKINGS
______________________________
Oepke G. Niemeyer, Mayor
ATTEST
_________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That COD Investments LLC submitted a petition to
rezone the following described real estate in the Joint Jurisdiction Area of the City of
Brookings and Brookings County, South Dakota:
The NE ¼ of the NE ¼, except Lot H-1 and except that part lying East and
North of Lot H-1 in Section 14, T109N-R50W, also known as approximately
21625 471st Avenue, from a Joint Jurisdiction Agriculture and Residence R-
1B Single-Family District to a Joint Jurisdiction Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN That said request will be acted on by a joint meeting
of the City of Brookings and Brookings County Planning Commission at 7:00 PM on
Tuesday, April 6, 2021, in the Chambers Room on the third floor of the Brookings City &
County Government Center at 520 Third Street, Brookings, South Dakota. Any action
taken by the City of Brookings and Brookings County Planning Commission serves as a
recommendation to the Brookings City Council and Brookings County Commission.
Any person interested may appear and be heard in this matter.
Dated this 26nd day of March 2021.
____________________________
Ryan Miller
City Planner
City & County Joint Planning Commission
Brookings, South Dakota
April 6, 2021
OFFICIAL MINUTES
County Chairperson Chad Ford called the meeting of the City & County Planning Commissions to
order on Tuesday, April 6, 2021, at 7:00 PM in the Chambers Room #310 on the third floor of the City
& County Government Center. City members present were Tanner Aiken, James Drew, Jason
Meusburger, Lee Ann Pierce, Eric Rasmussen, and Biggar. Greg Fargen, Gregg Jorgenson and Jacob
Mills were absent. County members present were Mike Bartley, Kyle VanderWal, Darrel Kleinjan,
Randy Jensen, Neal Trooien, Michael McHugh, Spencer Diedrich, Brian Gatzke, alternate Roger
Erickson, alternate Dale Storhaug, and Ford. Michael McHugh was absent. Others present were
David Kneip and Andrew Austreim.
Item #4a – COD Investments LLC submitted a petition to rezone the NE ¼ of the NE ¼, except Lot
H-1 and except that part lying East and North of Lot H-1 in Section 14, T109N-R50W, also known as
approximately 21625 471st Avenue, from a Joint Jurisdiction Agriculture and Residence R-1B Single-
Family District to a Joint Jurisdiction Business B-3 Heavy District.
Kleinjan recused himself.
(VanderWal/ Diedrich) Motion by the County to approve the rezone request. All present voted aye.
MOTION CARRIED.
(Pierce/ Meusburger ) Motion by the City to approve the rezone request. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a – This is a rezone of 3.8 acres of land to a Joint Jurisdiction B-3 Heavy Business District.
This land is located just south of Brookings on the S-curves (Old 77).
Miller added that this land is located within the open/wetlands land use classification of the City’s
Comprehensive Plan and does have low to moderate development limitations. City staff recommends
approval of this rezone request.
Kneip explained that his client would like to purchase this property and move his current business to
this location. Austreim explained that he would build a shop on this property and use this property for
his business.
NOTICE OF PUBLIC HEARING
Ordinance 21-015
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, May 11, 2021, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 21-015, rezoning 21625
471st Avenue from a Joint Jurisdiction Agriculture (JJ-1) District and Joint Jurisdiction
Residence (JJ-R1B) Single-Family District to a Joint Jurisdiction Business (JJ-B3)
Heavy District. At which time and place all persons interested will be given a full, fair
and complete hearing thereon.
Dated in Brookings, South Dakota, this 3rd day of May, 2021.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
2021rz001
Staff Report
April 6, 2021
Page 1 of 2
BROOKINGS COUNTY DEVELOPMENT
Brookings City & County Government Center
520 3rd Street, Suite 200
BROOKINGS, SOUTH DAKOTA 57006
(605)-696-8350
E-Mail: countydevelopment@brookingscountysd.gov
Brookings County Planning and Zoning Commission - Joint Meeting
with City of Brookings Planning Commission.
April 6, 2021 7:00 PM meeting
2021rz001 April 6, 2021
Prepared by Richard Haugen
Applicant/Owner: COD Investments LLC by David Kneip, 326 W 6th St, Brookings, SD 57006
Legal Description: -1 and Except that part lying East and North of
Lot H-1 in Section 14, T109N, R50W ~~ located at 21625 471 st Ave, Brookings, SD 57006.
2021rz001: COD Investments LLC, by David Kneip has applied for rezoning of 33.48
acres of land from a Joint Jurisdiction R-1B (single family) and Agricultural Zoning to Joint
Jurisdiction B-3 (heavy business) Zoning. The property is located on the south side of the S-
curve on 471st Ave south of Brookings, in the Brookings County/Brookings City Joint
Jurisdictional area at 21625 471st Ave. A historical review of the property found the 33.48 acre
parcel was originally rezoned from Agricultural to R-1B (single family) on April 19, 1977. On June
6, 1995 the West 350 feet of the parcel was rezoned from R-1B (single family) to Agricultural.
Then on February 3, 1998 the W820 feet, excluding the W350 feet of the parcel was rezoned
from R-1B (single family) to Agricultural. Since that time the west portion of the property has
ricultural portion of the property has been zoned R-1B (single
family). The proposed rezoning of the property would change the whole parcel to a Joint
Jurisdiction B-3 (heavy business) with the City of Brookings Community Development Office
having the Zoning Control for the property. The applicant has spoken to the City of Brookings
Community Development Office in regards to this rezoning request.
The rezoning request will be heard by a joint meeting of the Brookings County Planning
and Zoning Commission and the City of Brookings Planning and Zoning Commission as it is
located in the Joint Jurisdiction Area. The decision made by the Joint Planning Commission is a
recommendation to the Brookings County Commission and the Brookings City Council for the
final decision of the rezoning request.
2021rz001
Staff Report
April 6, 2021
Page 2 of 2
Public notices were published in the Brookings Register on March 23 and 30, 2021. The
applicant notified abuttin sed rezoning request at
least 14 days prior to the public hearing.
Letters were also sent to the Brookings County Highway Department and Medary
Township Chairman and Clerk.
Looking south along S curve. Existing drive way entrance.Looking north from driveway on 471stAve (Old 77).2021rz001: COD Investments LLCLooking west from driveway. Used concrete pile.Looking west from 471stAve (Old 77), north of used concrete pile.
Looking south east from S
curve on 471st Ave ( Old 77).
Looking west from
471st Ave (Old 77).
Looking north west from
east side of property along
471st Ave (Old 77).
Lookling west from east side of
property along 471st Ave (Old 77).
Looking south from S curve
on 471st Ave (Old 77).
Looking south from S curve
on 471st Ave (Old 77).
Joint Jurisd ictio n R ezon e
294 ft
Master Map
master map of GIS DATA
FLU_RDG
Urban Reserve (UR)
Low Density
Residential (LDR)
Medium Density
Residential (MDR)
High Density
Residential (HDR)
Manufactured Home
Court (MHC)
Urban Low Intensity
(ULI)
Urban Medium
Intensity (UMI)
Urban High Intensity
(UHI)
Urban Strategy Area
Park (P)
Open/Wetlands
(O/W)
Open/Floodplain
(O/F)
Public Facilities (PF)
Civic (C)
Business Park/Light
Industry (BP)
General Industry
(GI)
Downtown District
600ft
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 21-016,Version:2
Public Hearing and Action on Ordinance 21-016, an Ordinance amending Chapter 51, Subdivision
Regulations, Pertaining to Section 51-42, 51-64, and 51-65.
Summary:
The City of Brookings is seeking approval of an amendment to the Subdivision Regulations
pertaining to public street acceptance and drainage requirements.
Background:
Staff has been reviewing the City’s street acceptance policy over the previous year. The goal is to
improve the process for accepting privately built roads during the development process while also
ensuring an acceptable level of quality. During the review process, other language within sections 51
-42, 51-64, and 51-65 were identified as needing cleaning or updating.
Recommendation
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Attachments:
Memo
Ordinance - Clean
Ordinance - Marked
Planning Commission Notice
Planning Commission Minutes
City Council Hearing Notice
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021 / May 11, 2021
Subject: Amendment to Chapter 51, Subdivision Regulations,
Pertaining to Section 51-42, 51-64, and 51-65
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The City of Brookings is seeking approval of an amendment to the Subdivision
Regulations pertaining to public street acceptance and drainage requirements.
Background:
Staff has been reviewing the City’s street acceptance policy over the previous year.
The goal is to improve the process for accepting privately built roads during the
development process while also ensuring an acceptable level of quality. During the
review process, other language within sections 51-42, 51-64, and 51-65 were identified
as needing cleaning or updating.
Item Details:
The changes include outlining the steps necessary for street acceptance, which include
the developer retaining a licensed professional engineer to perform an inspection and
opinion that the construction of the streets and associated work was done in general
accordance with the approved plans and specifications, submitting to the City a
Certificate of Completion signed by the developer’s engineer, and submitting to the City
Warranty Security in the amount of ten percent of the engineer’s estimate of
construction. Upon receipt of the Certificate of Completion and Warranty Security, the
City Engineer will determine acceptability of the Certificate of Completion, Warranty
Security, and site conditions within 30 days of the submission of the documents. With
these changes, the warranty period during which developers are responsible for repairs
was reduced from three years to one.
The ordinance amendment cleans up portions of the ordinance that are no longer
applicable and provides clarity on the public street acceptance process and drainage
easement requirements.
An additional amendment will follow related the definition of Warranty Security. Staff
and the Planning Commission discussed defining Warranty Security within Section 51 -
64 but ultimately determined that it would be best to include this in the definitions
section of Chapter 51 relating to the entirety of the Subdivision Regulations.
Legal Consideration:
City Attorney Steve Britzman has reviewed the ordinance amendments and addressed
the Planning Commission related to the amendments at their April 6th regular meeting.
Strategic Plan Consideration:
Fiscal Responsibility - The ordinance promotes a stable financial environment that is
transparent and maintains an outstanding quality of life for our citizens.
Sustainability - The ordinance will help provide and maintain quality infrastructure that
supports the community’s quality of life and economic vitality.
Fiscal Consideration:
None
Options and Recommendation:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Supporting Documentation:
Ordinance – Clean
Ordinance – Marked
Planning Commission Notice
Planning Commission Minutes
City Council Hearing Notice
Ordinance 21-016
An Ordinance amending Chapter 51, Subdivision Regulations of the City of
Brookings pertaining to public street acceptance and drainage requirements for
purposes of administration of the Subdivision Ordinance
Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the
Subdivision Regulations be amended as follows:
I.
ARTICLE IV. FINAL PLAT
That Section 51-42 of Article IV. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-42. - Information required.
(p) Label for each lot, the minimum elevation of the lowest allowable building
opening as determined through the storm drainage study.
II.
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
That Section 51-64 of Article VI. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-64. - Street standards.
(g)(3) Buildings located adjacent to a private street or road shall be addressed in
accordance with Brookings Code of Ordinances chapter 10, article II, section 10-
22, Premises identification.Chapter 74, article VI. Numbering of Buildings.
(j) The developer shall be held responsible for the street workmanship, materials,
deterioration or any other deficiencies for a period of one three years following from
the completion of the work and acceptance of the street by the city. The developer
shall repair and/or replace all street deficiencies during this one-year the corrective
period at no cost to the city. Any surface restoration costs incurred because of the
repairing and/or replacing of deficiencies shall be borne by the developer. The city
shall have the final approval as to right over whether adequate repair and
restoration has been completed by the developer. In the event the developer fails
to repair or restore the affected street in a manner acceptable to the city, the city
shall have the right, after allowing the developer a reasonable period to complete
the repair and restoration, to make such repairs and restoration and the developer
shall pay the costs incurred by the city for such actions. The city may also apply
the Warranty Security required in Section 51-64(l) to the developer’s obligation to
pay the costs incurred by the city to repair and restore the street. The de veloper
shall remain obligated to the city for any costs of street repair and restoration which
are not covered by the Warranty Security.
(l) The developer shall be responsible for the public street acceptance process as
follows:
(1) Retain a licensed Professional Engineer with responsibilities which will
permit the Engineer to provide a professional opinion that the construction of
the streets and associated work was constructed in general accordance with
the approved plans and specif ications.
(2) Upon completion of street construction, or a segment of street construction,
and prior to the street maintenance responsibilities being transferred to the
City, the developer shall submit to the city engineer:
a. A Certificate of Completion signed by the developer’s engineer stating
that in their opinion, the streets and associated work were constructed
in general accordance with the approved plans and specifications.
b. Warranty Security in the amount of Ten Percent (10%) of the
Engineer’s Estimate of Construction based on the approved plans and
specifications subject to the Certificate of Completion set forth in
Section 2(a) for the duration of one (1) year, naming the City of
Brookings as the additional insured.
(3) Upon receipt of the Certificate of Completion and Warranty Security, the city
engineer shall determine acceptability of these submittals and site conditions
make a determination within 30 days of the submission of the documents.
(4) Upon review and approval of the Certificate of Completion, Warranty Security
and site conditions, the city engineer shall issue a Transfer of Street
Ownership Certificate for the specific segments of streets listed on the
Certificate of Completion which satisfy these requirements, provided:
a. The one (1) year warranty period shall begin upon the date of the
Transfer of Street Ownership.
b. The Developer is required to complete any incomplete or deficiently
performed street acceptance requirements within 180 days of the
Notice of deficiency by the city engineer.
c. The city may extend the time required by this section on written
request by the Developer showing that the circumstances beyond the
control of the Developer have prevented or delayed street repair or
restoration action from being taken.
III.
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
That Section 51-65 of Article VI. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-65. - Land design and improvements.
(2) Lots
(k) Label for each lot, the minimum elevation of the lowest allowable building opening
as determined through the storm drainage study.
(5) Easements
(d) Drainage eEasements shall conform substantially to the boundaries of
watercourses, drainageways, channels and streams and shall have a minimum
width of 15 feet or as determined by the circumstances and drainage plan. No
above ground structures, fences, grade changes or impediments to drainage that
may impede the flow of water shall be placed in a drainage easement or over any
public storm sewer system without written approval from the City Engineer.
IV.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2021
Second Reading: May 11, 2021
Published:
CITY OF BROOKINGS, SD
_____________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_______________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON A CHANGE IN SUBDIVISION REGULATIONS
NOTICE IS HEREBY GIVEN THAT the City of Brookings has submitted
amendments to the following Sections of the Subdivision Regulations: Information Required
51-42, Street Standards 51-64, Land Design and Improvements 51-65, pertaining primarily
to public street acceptance and drainage requirements.
NOTICE IS FURTHER GIVEN That said changes will be acted on by the City
Planning Commission at 5:30 PM, on Tuesday, March 2, 2021 in the Chambers Room on
the third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 19th day of February 2021.
____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
April 6, 2021
OFFICIAL MINUTES
Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on
Tuesday April 6, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen,
Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Biggar. Absent were Gregg Jorgenson and
Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan
Miller, City Engineer Jackie Lanning, Chad Borchardt, Justin Bucher Banner Associates, and City
Attorney Steve Britzman.
Item #4c – Amendments to Chapter 51, Subdivision Regulations: Information Required Section 51-42,
Street Standards Section 51-64, Land Design and Improvements Section 51-65, pertaining primarily to
public street acceptance and drainage requirements.
(Fargen/Meusburger) Motion to remove from the table. All present voted aye. MOTION CARRIED.
Motion made at March 2, 2021 meeting, Rasmussen/Meusburger to approve the amendments. All
present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4c – This item was tabled at the March 2nd Planning Commission meeting. Some revisions have
been made to the amendments and Lanning explained the revisions. The revisions reorganized the
timeline and also clarified some of the requirements that were not real clear.
Bucher questioned when the warranty period starts. Typically, the warranty period starts when the
substantial completion date has been assigned. Lanning explained that it would start on the date of the
street ownership. So this may not be the same date as the substantial completion date.
Rasmussen wondered why Warranty Security is capitalized and if this should be defined to clarify
what it means. Britzman would like it to state that a bond or cash payment would be what they would
like and this could be added for clarification.
NOTICE OF PUBLIC HEARING
Ordinance 21-016
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, May 11, 2021, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 21-016, amending
Chapter 51, Subdivision Regulations, pertaining to Section 51-42, 51-64, and 51-65. At
which time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated in Brookings, South Dakota, this 3rd day of May, 2021.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time 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 #:ORD 21-017,Version:2
Public Hearing and Action 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.
Summary:
Staff is proposing an amendment to the Zoning Ordinance which repeals Section 94-165 - SDSU
Campus Edge Neighborhood Design Review Overlay District and replaces it with Section 94-165 -
Commercial Corridor Design Review Overlay District.
Background:
The City is proposing to add a Commercial Corridor Overlay District to the Zoning Ordinance. The
intent of the overlay district is to provide guidance to staff, developers, and the public when
opportunities for development and/or redevelopment are available along four of the major corridors in
the community. The overlay district utilizes the underlying zoning district as the base district for the
uses allowed and incorporates site design criteria from the overlay district.
Recommendation
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Attachments:
Memo
Ordinance
Planning Commission Notice
Planning Commission Minutes
City Council Hearing Notice
Boundary Map
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
Meeting: April 27, 2021 / May 11, 2021
Subject: Commercial Corridor Overlay District
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Staff is proposing an amendment to the Zoning Ordinance that repeals Section 94-165
– SDSU Campus Edge Neighborhood Design Review Overlay District and replaces it
with Section 94-165 – Commercial Corridor Design Review Overlay District.
Background:
The City is proposing to add a Commercial Corridor Overlay District to the Zoning
Ordinance. The intent of the overlay district is to provide guidance to staff, developers,
and the public when opportunities for development and/or redevelopment are availab le
along four of the major corridors in the community. The overlay district utilizes the
underlying zoning district as the base district for the uses allowed and incorporates site
design criteria from the overlay district.
Item Details:
The Commercial Corridor Overlay District is reviewed and approved similar to an Initial
Development Plan associated with a Planned Development District. The Planning
Commission reviews and provides a recommendation to the City Council. The City
Council approves the development proposal via a motion and majority vote. Both the
Planning Commission and City Council will hold public hearings on the proposal.
The design criteria associated with the Commercial Corridor Overlay District is based
upon the site characteristics associated with the development proposal. The intent is
for the developer and designer to view the site from an appropriate scale and
compatibility with the neighborhood and incorporating features enhancing the built
environment.
Emphasis on pedestrian safety is stressed by minimizing conflict points in the design
process while maintaining traffic flow along major transportation corridors. The
ordinance proposes to bring structures closer to the street with parking located in the
rear of buildings, drawing attention to the buildings and uses located within.
The proposed ordinance is intended to allow flexibility in the design of the site and
building while providing guidance to designers and decision -makers concerning the
appropriate scale and compatibility with the existing neighborhood.
The proposed ordinance would repeal Section 94-165.1. – Campus edge neighborhood
standards. The Campus edge neighborhood standards ordinance was adopted in 2013
and has not been utilized since its adoption.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The Commercial Corridor Overlay District promotes the community’s
economic desires and supports the community’s quality of life, economic vitality, and
environment.
Economic Growth – The Commercial Corridor Overlay District promotes economic
growth by promoting proper planning and aesthetically attractive community
appearance.
Fiscal Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
The Planning Commission voted 7-0 to recommend approval on April 6, 2021.
Supporting Documentation:
Ordinance
Planning Commission Notice
Planning Commission Minutes
City Council Hearing Notice
Boundary Map
1
Ordinance 21-017
An Ordinance amending the Zoning Ordinance of the City of Brookings and repealing
Section 94-165 – SDSU campus edge neighborhood design review overlay district and
replacing it with Section 94-165 – Commercial corridor design review overlay district
Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that Chapter
94, Zoning, Section 94-165, shall be repealed and replaced as follows:
Section 1.
Sec. 94-165. - COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT
(a) Intent and scope. The following standards are established to improve the appearance,
quality, and function of commercial structures along key corridors of the community and is
intended to enhance the safety of pedestrians, bicyclists, and motor vehicles traveling these
corridors while enhancing the visual interest/appeal. These standards shall apply to new
commercial, industrial, and mixed-use construction, renovations exceeding 50 percent of the
equalized assessed value of the structure at the time of reconstruction/renovation, and
additions or alterations that significantly change the exterior facade and penetrations of a
building. This does not include nonstructural repairs or ordinary maintenance repairs, such
as internal and exterior painting, decorating, paneling and the replacement of doors and
other nonstructural components. The property owner of an existing structure that is being
remodeled or renovated for use as a commercial structure shall satisfy the requirements of
this ordinance and obtain Planning Commission approval for building design and site plans
as a condition of obtaining any rezoning or building permit. These regulations shall not apply
to structures that have been approved by the City Council as a part of a developer's
agreement or Planned Development District rezoning so long as the developer's agreement
or rezoning was completed prior to issuance of a building permit. These regulations shall not
apply to building renovations using the Secretary of Interior Standards for historic buildings.
(b) Scope of regulations. The regulations set forth in this ordinance when referred to in this
chapter are the regulations for the Commercial Corridor Design Review Overlay District.
These regulations are not intended to interfere with, abrogate or annul any other rules or
regulations of this chapter. Except as provided herein, if the commercial corridor design
review overlay district imposes a greater restriction than the underlying zoning district
regulations, the commercial corridor design review district regulations shall control.
(c) Boundaries of districts. The boundaries of the Commercial Corridor Design Review Overlay
District shall consist of:
(1) 6th Street and a corridor along 6th Street which is one hundred fifty (150) feet north of
the north right-of-way and one hundred fifty (150) feet south of the south right-of-way
from Western Avenue to 34th Avenue;
(2) 20th Street South and a corridor along 20th Street South which is one hundred fifty (150)
feet north of the north right-of-way and one hundred fifty (150) feet south of the south
right-of-way, from Main Avenue to 34th Avenue;
(3) Main Avenue and a corridor one hundred fifty (150) feet east of the east right-of-way
and west of the west right-of-way from the Railroad tracks to 32nd Street South; and
2
(4) 22nd Avenue and a corridor one hundred fifty (150) feet east of the east right-of-way and
west of the west right-of-way from 6th Street to 32nd Street South.
This design review overlay district is shown upon a map that is made a part of each overlay
district by reference. The map shall have the same force and effect as if it were fully set
forth herein.
(d) Uses permitted. A building or premises may be used for the purposes permitted in the
underlying zoning district provided it is in conformity with the conditions required in the
commercial corridor design review overlay district.
(e) Accessory uses. Accessory uses and buildings which are permitted as accessory buildings
and uses customarily incidental to any of the permitted uses in the underlying zoning district
are not prohibited by the commercial corridor design review overlay district.
(f) Sign regulations. Signs shall be regulated in accordance with Division 5. Signs, and any
regulations imposed by this commercial corridor design review overlay district.
(g) Parking regulations. All parking, loading and stacking shall be regulated by the underlying
zoning district and in conformance with the provisions of this commercial corridor design
review overlay district.
(h) Density, area, yard and height regulations. Density, area, yard and height regulations shall
be regulated in conformance with the underlying zoning district and any regulations imposed
by this commercial corridor design review overlay district.
(i) Landscaping and buffer yards shall conform with the regulations provided in Sections 94-
399 and 94-399.1.
Sec. 94-165.1. - Review procedures.
(a) These design standards will be administered as part of the building permit process and the
documents required by these standards must be submitted to the Community Development
Department at or prior to the time an application is made for a building permit.
(1) The applicant is encouraged to meet with City staff at the concept stage, the design
stage, and at the submittal stage.
(2) A pre-application meeting with the Community Development Department is required
prior to submittal of building and development plans for the purpose of reviewing the
requirements of this district.
(3) One complete set of plans as described in the Submittal requirements shall be
submitted to the Community Development Department as part of the application.
Electronic copies of plan sheets shall also be submitted. Incomplete submissions will
not be accepted.
(b) Submittal requirements.
(1) All architectural and engineering plan sets typically required for a building permit
application, including: site plan including the size and location of building, drive-through
facilities, parking lots with access points defined, utilities, connection points,
3
stormwater facilities, signage locations, bicycle parking areas, pedestrian sidewalks,
trash receptacles, outdoor refuse and recycling receptacles, landscaping, fences,
exterior lights, parking lot snow storage areas, garages and accessory buildings, and
any other improvements the applicant intends to make within the district.
(2) Exterior light fixture locations and specification sheets in accordance with Section 94-
165.5.
(3) Photos of at least four nearby buildings and four street views of nearby blocks.
(4) Building elevations, including materials.
(5) A completed design standards checklist.
(6) A landscaping plan.
(7) Nothing in these design standards is intended to prevent the use of materials, systems,
methods, or devices of equivalent or superior quality, strength, effectiveness,
attractiveness, durability, and safety in place of those prescribed by this district that
demonstrate equivalency, where the materials, systems, method or device are
approved for the intended purpose.
(c) Design review process and review timeline.
All requests shall be reviewed within ten business days. The review timelines shall be
provided in instructions to applicants. Developers/applicants are required to attend a review
meeting with the Community Development Director prior to any submission to the Planning
Commission. Exceptions to the standards required by this district may be allowed on a
case-by-case basis, consistent with the overall purpose of this district. All requests for
exceptions to the standards required by this district shall be requested in writing with the
submittals as provided in 94-165.1(b), with requests for exceptions considered during the
review and approval process set forth in 94-165.1(d) and (e).
(d) Planning Commission review and recommendation. Upon receipt of an application, the
Planning Commission shall schedule a hearing for which notice has been published in the
legal newspaper of the city at least ten days prior to the Planning Commission meeting.
The Planning Commission shall forward its recommendation with or without modification, to
the City Council.
(e) City Council approval. Upon receipt of a recommendation from the Planning Commission,
the City Council shall schedule a hearing for which notice has been published in the legal
newspaper of the city at least ten days prior to the City Council meeting.
Sec. 94-165.2. - Parking lot design and parking standards.
(a) The intent of this section is to encourage buildings to be placed close to and facing the
street for the following reasons:
(1) to enhance customer and tenant use of transit;
(2) to reinforce the building setback pattern;
(3) to minimize the visual impact of parking areas as seen from the street;
(4) to enhance pedestrian access, circulation and safety by reducing curb cuts and
parking lot conflicts;
(5) to minimize the volume and maximize the quality of stormwater runoff;
(6) to provide adequate but not excessive parking for customers and tenants;
(7) to prohibit the use of satellite parking lots (unless it can be demonstrated that shared
parking will be beneficial to multiple property owners and does not result in a gap
effect on a block face);
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(8) to prohibit parking in side or front yards;
(9) to provide for adequate snow storage;
(10) to discourage the reliance on single occupant vehicles;
(11) to encourage the use of transit and other alternative means of transportation;
(12) to reduce the reliance on petroleum based paving materials and methods; and
(13) to reduce the "heat island" effect of traditional paved parking lots due to lack of trees or
plants.
(b) No parking stall may be closer to the street than the building setback line or the primary
building located on the same parcel, whichever is further from the street, unless the
applicant can demonstrate that there are no practical alternatives related specifically to the
site. An exception to this requirement may be made for corner lots in which parking may be
located within the front yard of the street of the lower street classification according to the
Major Street Plan.
(c) The minimum setback for parking stalls and drives is ten feet along a street right-of-way,
and five feet from all property lines with the exception of the alley. Parking for adjacent
properties may be combined into continuous paved lots, and eliminating the required
setback at the shared property line, provided that 100 percent of the lost green space is
replaced elsewhere on the parcel.
(d) Buffers, setbacks, and planting islands are encouraged to be used for stormwater
infiltration.
(e) All approaches, parking, pedestrian and vehicular circulation areas shall be paved and
graded for proper stormwater management. The use of pervious pavement for stormwater
infiltration is encouraged.
Sec. 94-165.3. - Building and mechanical service elements.
(a) The intent of this section is to minimize the negative visual impacts of service elements on
adjoining streets, public spaces and adjacent properties; to minimize noise, odor, and litter;
and to provide adequate amenities for building users.
(b) The design and location of the following items shall be indicated on building and/or site
plans, illustrated with specification sheets as appropriate, and submitted with the design
standards checklist:
(1) Utility meters.
(2) Building mechanicals.
(3) Trash and recycling containers.
(4) Bicycle parking.
(5) Outdoor seating areas.
(6) Solar and wind facilities.
(7) Dish antennas.
(8) Transformers.
(9) Back-up generators.
(c) Service areas, utility meters, and building mechanicals shall not be located on the primary
street side of the building, nor on the side wall closer than ten feet to the primary street side
of the building. The location of emergency back-up generators and transformers shall be
5
coordinated between the City, the developer and the utility company. Screening of meters,
generators, transformers, and mechanicals is required when visible from the primary street
with an approved screen device or vegetation. Rooftop mechanical units shall be located
and appropriate screening utilized to minimize visual impact on adjacent properties.
(d) Trash and recycling containers, including cans and dumpsters, shall have covers and be
screened so as not to be visible from the street or from neighboring properties. Screening
shall be one foot higher than the container, but no higher than six feet. Roofed enclosures
may exceed the six foot limit.
(e) If a building owner chooses to provide a trash receptacle and/or a smoking materials
receptacle, it shall be decorative if located at the entrance that faces a public street. These
receptacles shall be screened from street view and/or designed to fit with the architecture
and materials of the building.
(f) Bicycle parking.
(1) Bicycle parking using bike racks specifically designed for bike parking shall be
provided, with a minimum of one space per ten automobile parking spaces or one
space per 20 employees, whichever is greater, and should be located near building
entries, shall not interfere with pedestrian circulation and shall be well-lighted. Bikes
are not permitted to be stored, locked or chained to fences or any other exterior
location other than a bike rack specifically designed for bike parking.
(2) Bicycle parking (to accommodate four bicycles) shall be at least nine by six feet or 54
square feet, with increases in dimension at the same ratio to accommodate greater
numbers of bicycle parking spaces.
(3) The base for bike racks should be concrete to ensure their stability, however the
remaining bicycle parking area shall utilize porous paving materials (paving blocks with
decorative gravel or wood mulch, or properly spaced cobbles, brick, and natural stone
with grass planted in between in small clusters) to reduce stormwater runoff, but shall
not result in standing water. If an area for bike parking is designed using these
standards, then up to 100 percent of the space taken for the bike parking shall count as
green space.
Sec. 94-165.4. Walls and fences.
(a) The intent of this section is to provide for the coordination of design and location of walls
and fences to maximize the positive interrelationship of buildings and public streets, and to
avoid the predominance of long, unarticulated walls or fences, and to prevent pedestrians
from walking through plantings. Ordinance Section 94-398, in addition to the following
standards, shall apply:
(1) The design and materials for walls and fences shall be coordinated with the design and
materials of the principal buildings, and should have substantially the same detail. This
is not intended to require identical materials and design.
a. Pressure treated lumber fences shall not be permitted unless stained or painted.
6
b. All chain-link fences must be plastic coated and shall only be permitted in side
yards and the backyard, and shall not extend nearer to the street than the front of
the building, nor used in the secondary front yard on a corner lot.
c. Smooth faced concrete (CMV) blocks or non-architectural poured walls used to
construct a wall shall be covered with brick or some other decorative block or
dimensional material such as a stained block product. Painted or colored smooth
faced concrete bricks or blocks shall not be considered decorative block.
(2) Walls and fences shall provide variety and articulation at each end and at intervals not
exceeding 25 feet through at least one of the following methods:
a. Changes in plane of not less than one foot;
b. Expression of structure, such as post, column, or pilaster;
c. Variation of material; or
d. Landscaping.
Sec. 94-165.5. - Exterior lighting.
(a) The intent of this section is to enhance daytime and night time appearances; to establish a
safe environment, and to minimize light pollution, glare and light trespass onto adjacent
properties. The use of solar, LED or low watt compact florescent lights that decorate the
property and are located and directed where people need to see in the dark are
encouraged.
(b) All exterior lights shall be designed for commercial use. A lighting plan showing lighting
levels on-site and at the property line as well as specification sheets with pictures must be
submitted with the design standards checklist for each exterior light to be used.
(c) Pedestrian lighting shall clearly indicate the path of travel, shall minimize dark spots along
that path, and shall utilize coordinated light fixtures.
(d) The maximum height of wall mounted parking lot light fixtures shall be 16 feet above the
ground. Pole-mounted fixtures are acceptable, but not required. The maximum height of
pole-mounted fixtures is 30 feet from the ground to the top of the fixture. Fixtures shall be of
full-cut-off (FCO) design to minimize glare and spillover.
(e) Ornamental lighting to light the building facade is permitted, provided that the light source is
not visible from the property line and is designed to minimize glare and spillover.
(f) No overhead light source (i.e., the lamp or reflector) shall be visible from the property line.
Shields may be employed, if necessary, to satisfy this requirement.
(g) Each exterior entry to structures on the property shall have an exterior light.
(h) For properties adjacent to residential uses, motion sensor flood or spot lights shall have
shrouds, be limited to two bulbs pointed at least 30 degrees downward and not directly into
windows or doors of neighboring building, and the light sources shall not be visible from the
street.
Sec. 94-165.6. - Patios, porches, decks, and rooftop gardens/decks.
7
(a) For commercial developments that include a residential component, the intent of this
section is to increase resident safety, comfort and privacy by providing individual outdoor
spaces for each unit.
(b) Every residential unit is encouraged to have its own patio or balcony and shall be
incorporated into the architectural facade of the building and may encroach into the building
setback area defined in Ordinance 94-166.7(e), but not more than 25 percent. Commercial
structures are also permitted to have exterior balconies. No patio or balcony shall extend
over a sidewalk.
(c) For commercial developments, ground level patios or decks for customer seating are
permitted in the setback areas and should include screening for noise.
Sec. 94-165.7. - Building design; form, scale and context.
(a) The intent of this section is to encourage building design (forms, scale and context) that will
result in high quality, orderly, and consistent street spaces, compatible relationships to
adjoining sites, and an urban character; to create buildings that provide human scale,
interest, and are architecturally cohesive, yet varied, in their overall form, scale and context;
and to protect the architectural character and cohesiveness of surrounding buildings.
(b) Buildings shall be designed to provide human scale, interest, and variety. The following
techniques may be used to meet this objective:
(1) Variation in the building form, such as recessed or projecting bays, shifts in massing, or
distinct roof shapes.
(2) Emphasis of building entries through projecting or recessed forms, detail, color, or
materials.
(3) Variation of material, material modules, expressed joints and details, surface relief,
color, and texture to break up large building forms and wall surfaces. Such detailing
could include sills, headers, belt courses, reveals, pilasters, window bays, and similar
features.
(4) Building height shall be limited to four stories when located along an arterial or collector
street.
(c) For all nonmanufacturing and retail buildings, where the allowable building is more than 50
percent wider than adjacent buildings, one of the following techniques shall be employed to
minimize the apparent width of the primary facade:
(1) Articulate the facade with projections or bays.
(2) Use architectural elements such as columns, canopies, glass, changes in materials,
and covered entries to interrupt the facade.
(d) The first floor facade shall include windows to provide visual interest and visual connection
to the street. The total area of windows and doors on the street-facing facade, including
trim, shall not be less than 20 percent of the total area of the facade, excluding gables.
8
(e) Buildings shall be built to the front yard setback line. One story buildings, and the first story
of multi-story buildings, provided upper floors are recessed, may project ten feet into the
front yard setback when adjacent to an arterial or collector street. No parking is permitted
in the front yard setback area. Exception:
(1) Corner lots, provided a fifteen (15’) foot landscape area is provided along the right-of-
way.
(f) Commercial buildings within Historic Districts or adjacent to any designated historic building
must first receive staff review and recommendation prior to submittal to the Brookings
Historic Preservation Commission for their review and recommendation to the Planning
Commission.
Sec. 94-165.8. - Roofs and roof lines.
(a) The intent of this section is to provide visual interest and architectural character.
(b) Any roof style such as hip, gambrel, mansard, colonial, flat or another roof style is permitted
so long as the roof pitch is appropriate to the architectural style of the building and the roof
element contains additional architectural elements such as dormers, long overhangs,
windows or other features.
(c) Flat roofs are permitted, and must incorporate a parapet wall on all sides, unless the rear
side of the building is sloped for drainage. The parapet should include architectural details
appropriate to the building design that creates a positive visual termination for the building
(a "top").
(d) A minimum of 50 percent of a building’s linear roof drip edge should fall to ground surfaces
that do not contain an impervious surface. If gutters or stormwater drain towards
neighboring properties, then water shall be directed to rain garden(s), bio-swales, or other
best management practices to minimize drainage onto neighboring properties.
Sec. 94-165.9. - Exterior materials.
(a) The intent of this section is to maintain architectural character and to encourage the use of
attractive and high quality materials with low life-cycle costs.
(b) The use of identical materials on all sides of the building is encouraged; however, higher-
quality materials on street-facing facades and complementary materials on other facades
are acceptable.
(c) Use of decorative accessories and trim is highly encouraged.
(d) Vinyl, plywood, chipboard, T1-11, asphalt siding, non-architectural metal siding and
smooth-faced concrete block are prohibited as exterior finish materials unless the
applicant’s architect can demonstrate that the materials are appropriate to the design of the
building. Treated wood shall be painted or stained.
(e) Natural wood shall be painted or stained, unless it is cedar, redwood or some other
naturally weather resistant species and is intended to be exposed.
9
Sec. 94-165.10. - Garages and accessory buildings.
(a) The intent of this section is to improve the visual impact of garages and accessory buildings
facing the street, to prevent storage doors and overhead doors from facing the street, and
to maximize pedestrian safety.
(b) Street-facing overhead doors on garages are not permitted on lots served by an alley.
Corner lots shall have overhead doors facing the street of the lowest classification
according to the Major Street Plan.
(c) The cumulative length of all garage doors facing the street shall not exceed 50 percent of
the total length of the street-facing elevation, unless architecturally justified.
(d) All accessory buildings shall be architecturally compatible and be constructed of the same
materials as the primary building.
Section 2.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading: April 27, 2021
Second Reading: May 11, 2021
Published:
CITY OF BROOKINGS, SD
ATTEST: Oepke G. Niemeyer
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to
Chapter 94, Zoning, pertaining to repealing Section 94-165 – SDSU campus edge
neighborhood design review overlay district and replacing it with Commercial corridor design
review overlay district.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, April 6, 2021 in the Chambers Room on the third floor of
the Brookings City and County Government Center at 520 Third Street, Brookings, South
Dakota. Any action taken by the City Planning Commission is a recommendation to the City
Council.
Any person interested may appear and be heard in this matter.
Dated this 26th day of March, 2021.
____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
April 6, 2021
OFFICIAL MINUTES
Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on
Tuesday April 6, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City
& County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen,
Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Biggar. Absent were Gregg Jorgenson and
Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan
Miller, City Engineer Jackie Lanning, Chad Borchardt, Justin Bucher Banner Associates, and City
Attorney Steve Britzman.
Item #4b - Amendments to Chapter 94, Zoning, pertaining to repealing Section 94-165 – SDSU
campus edge neighborhood design review overlay district and replacing it with Commercial corridor
design review overlay district.
OFFICIAL SUMMARY
Item #4b – The Commercial Corridor District was introduced in 2020, in October of 2020 the
Planning Commission did not pass this amendment. Some revisions have been made to the
Commercial Corridor District and therefore the request for the amendments has been brought forward
again. Miller explained the revisions that were made since the October 2020 meeting.
Pierce asked for clarification regarding when there would be a developers agreement that would
potentially be exempted from this ordinance. Struck explained that “The Brookings Marketplace”
would be a good example of this, the City Council could agree to a developers agreement. This
situation will typically only apply on City owned land that is deemed no longer needed for public
purpose and the land is put up for sale. The City could apply some restrictions to the sale. Pierce also
questioned the section that states “Exceptions to the standards required by the district may be allowed
on a case by case basis consistent with the overall purposes of the district.” Who makes these
exceptions? Struck stated that this would follow the same process and the developer would submit
their exceptions to staff and staff would review them, and then it would be forwarded on to the
Planning Commission. Pierce asked to verify if exceptions would be approved by the Planning
Commission. Struck stated yes. Pierce would like this to be clearly stated in the document.
Rasmussen wondered if any of the contractors/developers in town are concerned about this
amendment. Struck hasn’t heard anything from them this time like during the previous amendment
request.
Struck also reiterated that this would not apply to residential areas, this is for commercial zoning.
Aiken feels that staff did a great job revising these amendments.
NOTICE OF PUBLIC HEARING
Ordinance 21-017
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, May 11, 2021, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 21-017, repealing Section
94-165, SDSU Campus Edge Neighborhood Design Review Overlay District and
replacing it with Commercial Corridor Design Review Overlay District. At which time
and place all persons interested will be given a full, fair and complete hearing thereon.
Dated in Brookings, South Dakota, this 3rd day of May, 2021.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
Commercial Corridor Overlay
6th Street
20th Street SouthMain Ave.22nd Ave.32nd Street South 34th Ave.Western Ave.
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 21-0227,Version:1
Public Hearing and Action on a request for an On-Off Sale Malt License for Behrend Management,
Inc., dba Casino 2000, Brooks Behrend, owner, 622 25th Ave S, Suite B Legal description: Block 12
of Telkamp Addition, Suite B. Pending permit issuance and final inspection per the Community
Development Dept.
Summary:
The City of Brookings has received an application for an On-Off Sale Malt License, with video lottery,
for Behrend Management, Inc. dba Casino 2000, Brooks Behrend, 622 25th Ave S, Suite B, legal
description: Block 12 of Telkamp Addition, Suite B. All required documents have been submitted for
this application.
The video lottery request will be handled under separate City Council action.
Recommendation:
Staff recommends approval.
Attachments:
Memo
City Attorney Opinion on AR 48:02:11:02
Legal Notice
Proposed Building Plans
Location Map
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 11, 2021
Subject: On-Off Sale Malt License for Casino 2000, Suite B
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application for an additional On-Off Sale Malt
License, with video lottery, for Behrend Management, Inc., dba Casino 2000, Brooks
Behrend, owner, 622 25th Avenue South, Suite B. Legal description: Block 12 of
Telkamp Addition, Suite B. All required documents have been submitted for this
application.
The video lottery request will be handled under separate City Council action.
Background:
Behrend Management, Inc., dba Casino 2000, Brooks Behrend, owner, is wanting to
expand his current businesses by adding an additional Suite B in which to have an
additional 10 video lottery machines. Approval would allow for 2 On-Off Malt Licenses
at this location, with up to 20 video lottery machines.
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 2021, and is subject
to an annual renewal. If approved, and following the issuance of the Occupancy Permit
by the Community Development Department, the application would be forwarded to the
State Department of Revenue and SD Video Lottery Office for final acti on and issuance
of the licenses, and would then be subject to annual renewal processes.
Item Details:
Behrend Management, Inc., has applied for an additional On-Off Sale Malt License, with
video lottery, for Suite B, allowing up to 10 additional video lottery machines at this
location. Any licenses approved would be effective pending occupancy permit issuance
and final inspection of the property per the Community Development Department.
This location will undergo some remodeling in order to add Suite B, which will utilize the
second On-Off Malt License, with 10 video lottery machines.
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) and in
accordance with the following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage 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.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
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.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) 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 alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license….shall submit an application to the
governing body of the municipality in which the applicant intends to operate … The
applicant shall submit the required fee with the application. The governing body may
approve the application for a new retail license…if the governing body considers the
applicant suitable to hold the license and the proposed location is suitable.
The governing body may disapprove an application for a new retail license…issued
under subdivision 35-4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
Legal Consideration:
None
Financial Consideration:
There is a $150 Annual On-Off Malt License renewal fee, as well as a $50/machine
annual Video Lottery fee.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Refer to a Study Session
5. Do nothing
Staff recommends approval.
Supporting Documentation:
City Attorney Opinion on AR 48:02:11:02
Legal Notice
Location Map
Proposed Building Plans
Steve Britzman, City Attorney, opinion on AR 48:02:11:02
April 24, 2020
AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons
who hold more than one license for the on-sale consumption of alcoholic beverages
may have machines placed for each license issued provided the following requirements
are met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the
sale and consumption of alcoholic beverages for each establishment
license approved by the lottery;
4) No more than one establishment license is issued to any person for the
same legally described premises contained in the alcoholic beverage
license.
Source: 16 SDR 27, effective August 18, 1989.
General Authority: SDCL 42-7A-21(16).
Law Implemented: SDCL 42-7A-41.
City Attorney Opinion
Subsections 3 and 4 require separate and distinct physical facilities to be maintained
and used for the sale and consumption for each establishment license approved by the
lottery. This would mean each establishment must be able to serve alcoholic beverages
on its own premises from its own equipment, even if they are housed in the same
building with another establishment.
Section 4 requires a separate establishment for each legally described premises. A
legally described premises, in my opinion, means a separate legal description must
pertain to each establishment licensed. A legal description can be created by a
“recorded deed” which has been filed in the office of the Register of Deeds, or a plat
which identifies each establishment with a separate de scription, such as Lot or Parcel A
or Parcel B. A plat must also be recorded in the office of the Register of Deeds to
create a legal description. Until a legal description is recorded, it cannot create a
subdivision of an existing legal description.
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License –
Behrend Management, Inc., dba Casino 2000
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on May 11, 2021, 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 additional On-Off Sale
Malt License, with Video Lottery, for Behrend Management, Inc., dba Casino
2000, Brooks Behrend, owner, 622 25th Ave., Suite B, Brookings, South Dakota,
legal description: Block 12 of Telkamp Addition, Suite B. At which time and
place all persons interested will be given a full, fair and complete hearing
thereon.
Dated at Brookings, South Dakota, this 3rd day of May, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
. ' q .,. I ,
..
+
B rook ings County, SD
Developed by
Par cel ID 405950120000000
Sec/T wp/Rng --
Pr oper ty Address 2515 6TH ST
BROOKINGS
Alter na te ID n/a
Class NADC
Acr ea ge n/a
Ow ner Address 25TH AVE LL C
910 4TH ST
BROOKINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption TEL KAMP ADDITION, BLK 12 4.89 AC
(Note: Not to be used on leg a l documents)
Date created: 4/29/2021
Last Data Uploa ded: 4/28/2021 11:23:54 P M
276 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
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 21-0228,Version:1
Public Hearing and Action on a request for Video Lottery for Behrend Management, Inc., dba Casino
2000, Brooks Behrend, owner, 622 25th Ave S. Legal description: Block 12 of Telkamp Addition,
Suite B. Pending permit issuance and final inspection per the Community Development Dept.
Summary:
The City of Brookings has received a request for Video Lottery for Behrend Management, Inc., dba
Casino 2000, Brooks Behrend, owner, 622 25th Ave S. Legal description: Block 12 of Telkamp
Addition, Suite B. All required documents have been submitted.
Recommendation:
Staff recommends approval.
Attachments:
Memo
City Attorney Memo on Video Lottery - 2018.05.02
City Attorney Opinion on AR 48:02:11:02
Video Lottery: SDCL and Administrative Rule
Legal Notice
Proposed Building Plans
Location Map
Current Video Lottery List
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 11, 2021
Subject: Video Lottery for Casino 2000, Suite B
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received a request for Video Lottery for Behrend
Management, Inc., dba Casino 2000, Brooks Behrend, owner, 622 25th Ave S. Legal
description: Block 12 of Telkamp Addition, Suite B. All required documents have been
submitted.
Background:
Behrend Management, Inc., dba Casino 2000, Brooks Behrend, owner, is wanting to
expand his current businesses by adding an additional Suite B in which to have an
additional 10 video lottery machines. Approval would allow for 2 On-Off Malt Licenses
at this location, with up to 20 video lottery machines.
A public hearing and action by the local governing body is required. If approved, and
following the issuance of the Occupancy Permit by the Community Development
Department, the application would be forwarded to the State Lottery Office for final
action and issuance of the license, and would then be subject to annual renewal
processes.
Item Details:
Behrend Management, Inc., has applied for an additional On-Off Sale Malt License, with
video lottery, for Suite B, allowing up to 10 additional video lottery machines at this
location. Any licenses approved would be effective pending occupancy permit issuance
and final inspection of the property per the Community Development Department.
This location will undergo some remodeling in order to add Suite B, which will utilize the
second On-Off Malt License, with 10 video lottery machines. In order to satisfy State
Video Lottery Regulations, there must be separate and distinct physical facilities
maintained and utilized for the sale and consumption of alcoholic beverages for this
separately described premises.
Their plan indicates the separate spaces have been designated, and sales and
consumption of alcoholic beverages are intended to occur at this location within the
building. This would comply with the video lottery requirements if the City Council
approves the additional On-Off Sale Malt Licenses and if the City Council also approves
Video Lottery for this location within the building.
SDCL 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 establishmen ts
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.
Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex.
Ord. 11-1), § 161, eff. Apr. 12, 2011.
Legal Consideration:
City Council action would allow up to 10 Video Lottery machines for each on-sale malt
beverage license approved, resulting in up to 20 Video Lottery machines for this
location, if approved.
Financial Consideration:
Video Lottery fees: $50 per machine per year.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move to a Study Session
5. Do nothing
Staff recommends approval.
Supporting Documentation:
City Attorney Memo on Video Lottery – 2018.05.02
City Attorney Opinion on AR 48:02:11:02
Video Lottery: SDCL and Administrative Rule
Legal Notice
Location Map
Proposed Building Plan
Current Video Lottery List
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 2, 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 business
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 municipality 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 place 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 – APRIL 20, 2021
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.
Steve Britzman, City Attorney, opinion on AR 48:02:11:02
April 24, 2020
AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons
who hold more than one license for the on-sale consumption of alcoholic beverages
may have machines placed for each license issued provided the following requirements
are met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the
sale and consumption of alcoholic beverages for each establishment
license approved by the lottery;
4) No more than one establishment license is issued to any person for the
same legally described premises contained in the alcoholic beverage
license.
Source: 16 SDR 27, effective August 18, 1989.
General Authority: SDCL 42-7A-21(16).
Law Implemented: SDCL 42-7A-41.
City Attorney Opinion
Subsections 3 and 4 require separate and distinct physical facilities to be maintained
and used for the sale and consumption for each establishment license approved by the
lottery. This would mean each establishment must be able to serve alcoholic beverages
on its own premises from its own equipment, even if they are housed in the same
building with another establishment.
Section 4 requires a separate establishment for each legally described premises. A
legally described premises, in my opinion, means a separate legal description must
pertain to each establishment licensed. A legal description can be created by a
“recorded deed” which has been filed in the office of the Register of Deeds, or a plat
which identifies each establishment with a separate de scription, such as Lot or Parcel A
or Parcel B. A plat must also be recorded in the office of the Register of Deeds to
create a legal description. Until a legal description is recorded, it cannot create a
subdivision of an existing legal description.
Video Lottery State Statues and Administrative Rule
SDCL 42-7A-1. Definitions. Terms used in this chapter mean:
(6) "Licensed establishment," a bar or lounge owned or managed by an individual,
partnership, corporation, or association licensed to sell alcoholic beverages for
consumption upon the premises where sold;
SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed
pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for
video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge.
For the purposes of this section, a bar or lounge is an enterprise primarily maintained
and operated for the selling, dispensing, and consumption of alcoholic beverages on the
premises and may also include the sale and service of food. A bar or lounge may be
physically connected to another enterprise within the same building, which enterprise
may be owned or operated by the same person. There may be interior access between
a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling
opaque wall separation between the two enterprises. A separation wall may be
constructed to provide visual and physical access for employees from areas in the
building not open to the public. The bar or lounge shall have a separate entrance and
exit. A separate entrance and exit is not required if entrance to the bar may only be
obtained from the other distinct enterprise and the public may not enter the other
enterprise by first passing through the bar or lounge. All video lottery machines shall be
adequately monitored during business hours. Adequate monitoring shall be
accomplished by the personal presence of an employee or by an employee using video
cameras or mirrors and periodic inspections of the bar or lounge. No new license may
be issued to any establishment after July 1, 1992, unless such establishment complies
with this section. No license may be renewed to any establishment after July 1, 1993,
unless such establishment complies with this section.
SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited--
Placement in bar or lounge with on-sale license. The placement of video lottery
machines in licensed establishments shall be subject to the rules of the com mission
promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be
placed in any licensed establishment. The bar or lounge with an on -sale license issued
pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one
years of age or older. The entrance to the area where video lottery machines are
located shall display a sign that the premises are restricted to persons twenty-one years
or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty-
one may only enter the premises where video lottery machines are located provided
they are accompanied by a parent, guardian, or spouse of twenty-one years or older.
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.
Administrative Rules:
48:02:11:01. Location of machines in establishment. All video lottery machines in
licensed establishments must be physically located as follows:
1) In the sight and control of the owner, manager, or an employee of the licensed
establishment from the location at which alcoholic beverages are dispensed;
2) In an area where alcoholic beverages are regularly dispensed and consumed in
the ordinary and usual course of business;
3) In an area that ensures public access to the machines is restricted to persons
legally entitled by age to be on the premises;
4) In an area which is at all times monitored by the owner, manager, or employee of
the licensed establishment to prevent access or play of video lottery machines by
persons under the age of 21.
48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who
hold more than one license for the on-sale consumption of alcoholic beverages may
have machines placed for each license issued provided the following requirements are
met:
1) Separate application, qualification, and fees are submitted and approved for each
premises licensed for the on-sale consumption of alcoholic beverages;
2) Separate establishment licenses are issued by the lottery for each premises
licensed for the on-sale consumption of alcoholic beverages;
3) Separate and distinct physical facilities are maintained and utilized for the sale
and consumption of alcoholic beverages for each establishment license
approved by the lottery;
4) No more than one establishment license is issued to any person for the same
legally described premises contained in the alcoholic beverage license.
48:02:05:05. Duties of licensed establishments. Specific duties of owners,
managers, and designated employees of licensed establishments are as follows:
1) Provide a secure premise for the placement, operation, and play of video lottery
machines;
2) Permit no one to tamper with or interfere with the approved operation of any
video lottery machine;
3) Ensure that communication lines to the video lottery machines are at all times
connected and prevent any person from tampering or interfering with the
approved, continuing operation of the lines;
4) Contract only with persons authorized under this title to directly share in
revenues generated from net machine income;
5) Ensure that video lottery machines are placed and remain as placed within the
sight and control of the owner, manager, or designated employee while engaging
in the actual dispensing of alcoholic beverages from the location where alcoholic
beverages are dispensed;
6) Ensure that video lottery machines are placed and remain as placed in the
specific area of the licensed establishment where alcoholic beverages are
regularly dispensed and consumed in the ordinary and usual course of business;
7) Monitor video lottery machines to prevent access to or play by persons who are
under the age of 21 years or who are visibly intoxicated;
8) Commit no violations of the laws of this state concerning the sale, dispensing,
and consumption on premises of alcoholic beverages that results in suspension
or revocation of its license;
9) Maintain at all times change and cash in the denominations accepted by the
video lottery machines located in the establishment;
10) Extend no credit for video lottery machine play;
11) Pay all credits upon presentment of a valid winning ticket in accordance with
SDCL 42-7A-37 and chapter 48:02:12;
12) Exercise caution and good judgment in providing cash for checks presented for
video lottery machine play;
13) Report promptly all malfunctions of video lottery machines to the operator and
notify the lottery of an operator's failure to provide service and repair of machines
and associated equipment as required under this title;
14) Conduct advertising and promotional activities of the video lottery in acc ordance
with decency, dignity, honesty, and good taste so that it does not reflect
adversely on the lottery or the state of South Dakota;
15) Install, post, and display prominently at locations within or about the premises
signs, redemption information, and other promotional material as required by the
lottery. Use of the trademarked video lottery logo must be approved by the
lottery;
16) Immediately notify operators of all out-of-service machines; and
17) Immediately notify the lottery of an operator's failure to respond within 24 hours
after notice to the operator of an out-of-service machine.
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License –
Behrend Management, Inc., dba Casino 2000
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on May 11, 2021, 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 additional On-Off Sale
Malt License, with Video Lottery, for Behrend Management, Inc., dba Casino
2000, Brooks Behrend, owner, 622 25th Ave., Suite B, Brookings, South Dakota,
legal description: Block 12 of Telkamp Addition, Suite B. At which time and
place all persons interested will be given a full, fair and complete hearing
thereon.
Dated at Brookings, South Dakota, this 3rd day of May, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
B rook ings County, SD
Developed by
Par cel ID 405950120000000
Sec/T wp/Rng --
Pr oper ty Address 2515 6TH ST
BROOKINGS
Alter na te ID n/a
Class NADC
Acr ea ge n/a
Ow ner Address 25TH AVE LL C
910 4TH ST
BROOKINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption TEL KAMP ADDITION, BLK 12 4.89 AC
(Note: Not to be used on leg a l documents)
Date created: 4/29/2021
Last Data Uploa ded: 4/28/2021 11:23:54 P M
276 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
. ' q .,. I ,
..
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4
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8
9
10
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A B C D
# Video
Business Owner Lottery Machines
1 BP of Brookings, Inc., Suite 1 Lance Park/Dan Park 10
2 BP of Brookings, Inc. Suite 2 Lance Park/Dan Park 10
3 Buffalo Wild Wings Bar & Grill Todd & Susan LaHaise 2
4 Carpy's Pub George Faehnrich 10
5 Casino 2000 Brooks Behrend 10
6 Corner Pantry (MG Oil)MG Oil Co/Marlyn Erickson 10
7 Cubby's Sports Bar & Grill (GDT Inc.)Gus Theodosopoulos 7
8 Danny's David Olson 10
9 The Depot Mike McClemans 10
10 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10
11 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10
12 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10
13 4 Aces Casino (SVK Properties), Suite A Todd Voss 10
14 4 Aces Casino (SVK Properties), Suite B Todd Voss 10
15 4 Aces Casino (SVK Properties), Suite C Todd Voss 10
16 Jim's Tap Don Urquhart 3
17 The Lanes (MG Oil Co. ) MG Oil Co/Marlyn Erickson 10
18 The Lanes (MG Oil Co.), Suite B MG Oil Co/Marlyn Erickson 10
19 The Lanes(MG Oil Co.) , Suite C MG Oil Co/Marlyn Erickson 10
20 The Lodge (Den Wil Hospitality Group, Inc.)Dennis Bielfeldt 3
21 Main Street Pub Garner Hansen 4
22 9 Bar Nightclub (Nine Inc.)Gus Theodosopoulos 5
23 Pints & Quarts Kevin Raab 3
24 PNP Pub (Schoon's Pub Inc.)Schoon's Pub Inc/Jon Schoon 10
25 Ray's Corner (Fergen Enterprises Inc.), Suite A Mike Fergen 10
26 Ray's Corner (Fergen Enterprises Inc.), Suite B Mike Fergen 10
27 Schoon's Pump N' Pak South (Schoon's Properties Inc.)Schoon's Pub Inc/Jon Schoon 10
28 Skinner's Pub Greg & Shari Thornes 9
29 South Main Casino & Pub (SVK Properties, LLC)Todd Voss 10
30 Sully's Irish Pub (B&L Sullivan Inc.)Brennan & Lori Sullivan 7
31 VFW Geo Dokken Post 2118 Darwin Tolzen 3
32 The Wild Hare (Wonder, Inc.)T.Voss, D. Kneip, G. Kneip 10
TOTAL 266
S:\Cityhall\City Clerk - Internal\Alcohol\Video Lottery\MASTER LIST - License list for CC Pkt Page 1
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0229,Version:1
Public Hearing and Action on a request to transfer an On-Off Sale Malt License, with Video Lottery,
from ERL LLC, dba The Depot, Kathy McClemans and Robb McClemans owners, to MG Oil
Company, dba The Depot Casino, Marlyn Erickson and Troy Erickson, owners, 921 20 th Street
South. Legal description: Lot 7B, Block 13, McClemans Addition.
Summary:
The City of Brookings has received an application to transfer an On-Off Sale Malt License, with Video
Lottery, from ERL LLC, Kathy McClemans and Robb McClemans, owners, to MG Oil Company, dba
The Depot Casino, Marlyn Erickson and Troy Erickson, owners. 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, with Video Lottery, would be effective 2021, and would be subject to
an annual renewal. If approved, the application would be forwarded to the State Department of
Revenue for final action and transfer of the license.
This business located at 921 20th Street South, holds a current On-Off Sale Malt License, with 10
video lottery machines.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Legal Notice
City Code and SDCL References
Location Map
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: November 24, 2020
Subject: Malt License Transfer (Gas ‘n Mor)
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application to transfer an On -Off Sale Malt
License, with Video Lottery, from Brookings Developers, Inc., Lyle Prussman, owner,
dba Gas N Mor, to MG Oil Company, dba Corner Pantry 24, Marlyn Erickson and Troy
Erickson, owners. 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, with Video Lottery, would be effective
December 2020, and would be subject to an annual renewal. If approved, the
application would be forwarded to the State Department of Revenue for final action and
transfer of the license.
This business located at 600 6th Street, holds a current On-Off Sale Malt License, with
10 video lottery machines.
Item Details:
MG Oil Company, Marlyn Erickson and Troy Erickson, owners, have purchased Gas ‘n
Mor, located at 600 6th Street, from Brookings Developers Inc., Lyle Prussman, owner.
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in
accordance with the following factors:
1) Type of business which applicant proposes to operate: …..
2) The manner in which the business is operated: …..
3) The extent to which minors are employed in such a place of business: …...
4) Adequacy of the police facilities to properly police the proposed location: …..
5) Other factors: The hours that business is conducted …..
(Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant ….. the transfer of an existing license shall submit an
application to the governing body of the municipality in which the applicant intends to
operate, ….. The applicant shall submit the required fee with the application. The
governing body may approve ….. the transfer of an existing license if the governing
body considers the applicant suitable to hold the license and the proposed location is
suitable.
The governing body may disapprove an application for ….. the transfer of an existing
license issued under subdivision 35-4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Complete City Code and SDCL References are in the attached document.
Legal Consideration:
None
Financial Consideration:
The On-Off Sale Malt License would be effective December 2020. There is a $150
annual fee. The Video Lottery machines require a $50/machine annual fee.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Refer to a Study Session
5. Do nothing
Staff recommends approval.
Supporting Documentation:
Legal Notice
City Code and SDCL References
Location Map
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Off Sale Wine License Transfer
MG Oil Company, dba The Depot Casino and Corner Pantry #19
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on May 11, 2021, 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 to transfer the On-Off Sale Malt License, with
Video Lottery, and the On-Off Sale Wine License for ERL LLC, dba The Depot,
Kathy McClemans and Robb McClemans, owners, to MG Oil Company, owner.
Address: 921 20th Street South, Brookings, SD. Legal description: Lot 7B, Block
13, McCleman’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 3rd day of May, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
Brookings City Code and SD Codified Law References:
Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the
Application Review Procedure. The city council shall review all applications submitted
to the city for available on-sale alcoholic beverage agreements and for all alcoholic
beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in
accordance with the following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage 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.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on -sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
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.
4) Adequacy of the police facilities to properly police the proposed location: The city
council shall inquire of the city manager whether the police department can
adequately police the proposed location.
5) 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 alcoholic beverage licenses.
(Code 1996, § 5-20)
State Law reference - Local license approval, SDCL 35-2-1.2.
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or
the transfer of an existing license shall submit an application to the governing body of
the municipality in which the applicant intends to operate, or if outside the corporate
limits of a municipality, to the governing body of the county i n which the applicant
intends to operate. The applicant shall submit the required fee with the application. The
governing body may approve the application for a new retail license or the transfer of an
existing license if the governing body considers the applicant suitable to hold the license
and the proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 19 65, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedurally, SDCL 35-2-3 provides that “no license for the on or off -sale at retail of
alcoholic beverages…shall be granted to an applicant for any such license, except after
public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and
place of hearing and for publication of notice. If an application for a license is refused,
“no further application may be received from a person until after the expiration of one
year from the date of a refused application.”
SDCL 42-7A-64 provides criteria for on-sale alcoholic beverage licensees in video
lottery licensed establishments. “…An existing video lottery license may not be denied
renewal or transfer based upon the criteria set forth in this section…”
B rook ings County, SD
Developed by
Par cel ID 403380130000700
Sec/T wp/Rng --
Pr oper ty Address 921 20TH ST S
BROOKINGS
Alter nate ID n/a
Class NADC
Acr eage n/a
O w ner Addr ess SUNNY RIDGE INC
P O BOX 3
BRO O KINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption MC C LEMANS ADDN LOT 7B BL K 13 52,520 SF (161.6 X 325)(10,000 SF UNBUIL DABLE)
(Note: Not to be used on leg a l documents)
Date created: 4/29/2021
Last Data Uploa ded: 4/28/2021 11:23:54 P M
276 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
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 21-029,Version:1
Public Hearing and Action on Resolution 21-029, a Resolution authorizing the City Manager to enter
into an Operating Agreement for an On-Sale Wine Operating Agreement for MG Oil Company, dba
Corner Pantry #19, Marlyn Erickson and Troy Erickson, owners, 921 20th Street South. Legal
description: Lot 7B, Block 13, McClemans Addition.
Summary:
The City of Brookings has received an application to transfer an On-Sale Wine Operating Agreement
for ERL LLC, dba The Depot, 921 20th Street South, to MG Oil Company, dba Corner Pantry #19. All
required documents have been submitted for this application.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective upon SD State Department of Revenue final action and license issuance,
then subject to an annual renewal.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Operating Agreement
Notice of Public Hearing
City Code and SDCL References
Location Map
City of Brookings Printed on 5/6/2021Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: May 11, 2021
Subject: On-Sale Wine Operating Agreement transfer
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application to transfer an On -Sale Wine
Operating Agreement for ERL LLC, dba The Depot, 921 20th Street South, to MG Oil
Company, dba Corner Pantry #19, Marlyn Erickson and Troy Erickson, owners. All
required documents have been submitted for this application.
Background:
MG Oil Company has purchased the business at 921 20th Street South. Both the On-
Off Wine License and On-Off Malt License, with Video Lottery, will be transferred from
ERL LLC to MG Oil Company.
Approval of this Resolution will allow the City Manager to enter into a 10-year Operating
Agreement with MG Oil. A mid-term renewal is required in 5-years.
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective upon SD State Department of Revenue final
action and license issuance, then subject to an annual renewal.
Item Details:
City Code Chapter 6, Article 2, Section 6-42 pertaining to Application Review
Procedure. The city council shall review all applications submitted to the city for
available on-sale alcoholic beverage agreements, including transfers, and for all
alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the
following factors:
1) Type of business which applicant proposes to operate: on-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage 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.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business : on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
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.
4) Adequacy of the police facilities to properly police the proposed location:
The city council shall inquire of the city manager whether the police department
can adequately police the proposed location.
5) Other factors: including 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 alcoholic beverage licenses.
Legal Consideration:
None
Strategic Plan Consideration:
None
Financial Consideration:
This license would be effective upon state approval, and subject to an annual renewal.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move to a Study Session
5. Do Nothing
Staff recommends approval.
Supporting Documentation:
Resolution
Operating Agreement
Notice of Public Hearing
City Code and SDCL References
Location Map
Resolution 21-029
MG Oil Company, dba Corner Pantry #19
On-Sale Wine 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 Alcohol Management
Agreement for Wine between the City of Brookings and MG Oil Company, dba Corner
Pantry #19, Marlyn Erickson and Troy Erickson, owners, for the purpose of a wine
manager to operate the on-sale establishment or business for and on behalf of the City
of Brookings at 921 20th Street South: legal description: Lot 7B, Block 13, McClemans
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.
Passed and approved this 11th day of May, 2021.
CITY OF BROOKINGS
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
ON-SALE WINE OPERATING AGREEMENT
MG Oil Company, dba Corner Pantry #19
10-year Agreement
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 Marlyn Erickson and Troy Erickson, owners, MG Oil Company, dba
Corner Pantry #19, hereinafter referred to as “Manager.” The City and Manager are
referred to as the “parties” herein.
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on -sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
1.
This Agreement is made and entered into on a limited basis between the parties to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement and in accordance with all State
laws and City Ordinances now in effect and as may be enacted in the future.
2.
The Manager shall be individually responsible for all operating expenses of said on -sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
3.
The on-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Lot 7B, Block 13, McClemans Addition, City of Brookings, Brookings County,
South Dakota
4.
The Manager shall dispense only alcoholic beverages supplied by the Municipal off -sale
establishment.
5.
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 one five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
6.
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.
7.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
8.
The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by
the City to the Manager for resale on the above-described premises, the actual cost of
distilled spirits and wine supplied by the City, plus eleven percent (11%) in exce ss 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 i nclude
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.
9.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on -sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
10.
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 the 1st day of November of each year thereafter as long as
this agreement shall remain in force and effect. The payment of the Annual Renewal
License Fee will not extend the term of this Operating Agreement beyond the term
provided therein. The Manager further agrees that if the annual fee s hall be increased
at any time by the legislature, the Manager shall pay the amount of any such increase.
11.
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.
12.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City which are eligible to be returned, and to receive in return any deposit
made for such alcoholic beverages; in the event of termination of the business, all
unused alcoholic beverages, which may be resold without discount may be returned to
the City and the Manager shall be reimbursed for the cost of such alcoholic beverages.
13.
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.
14.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
15.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
16.
The City covenants and agrees to furnish the on -sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
17.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
18.
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.
19.
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 11th
day of May, 2021.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Paul Briseno, City Manager
ATTEST:
Bonnie Foster, City Clerk
MANAGER
By:
Operating Agreement / Business Owner
Representative
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Off Sale Wine License Transfer
MG Oil Company, dba The Depot Casino and Corner Pantry #19
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on May 11, 2021, 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 to transfer the On-Off Sale Malt License, with
Video Lottery, and the On-Off Sale Wine License for ERL LLC, dba The Depot,
Kathy McClemans and Robb McClemans, owners, to MG Oil Company, owner.
Address: 921 20th Street South, Brookings, SD. Legal description: Lot 7B, Block
13, McCleman’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 3rd day of May, 2021.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
Listed below is specific information related to on-sale alcohol license requests.
City Code:
Chapter 6, Article 2, Section 6-42 pertaining to Application Review Procedure.
The city council shall review all applications submitted to the city for available on-sale
alcoholic beverage agreements, including transfers, and for all alcoholic beverage
licenses in accordance with SDCL 35-2 and in accordance with the following factors:
1) Type of business which applicant proposes to operate: on-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage 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.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business : on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or othe r
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location :
The city council shall inquire of the city manager whether the police department
can adequately police the proposed location.
5) Other factors: including 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 alcoholic beverage licenses.
SD Codified Law References:
SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or
disapproval.
Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of
an existing license shall submit an application to the governing body of the municipality
in which the applicant intends to operate, or if outside the corporate limits of a
municipality, to the governing body of the county in which the applicant intends to
operate. The applicant shall submit the required fee with the application. The governing
body may approve the application for a new retail license or the transfer of an existing
license if the governing body considers the applicant suitable to hold the license and the
proposed location is suitable.
The governing body may disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if:
1) The approval of the application permits a person, corporation, or business entity
to possess more than one-third of the licenses available to be issued in the
jurisdiction; and
2) The governing body determines that possession of more than one -third of
licenses available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal
or county governing body without a hearing unless in the past year the licensee or one
or more of the licensee's employees have been subjected to a criminal penalty for
violation of the alcoholic beverage control law or the license has been suspended.
Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp
1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32,
35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1;
SL 2017, ch 164, § 1; SL 2018, ch 213, § 12.
SDCL 35-2-3. Hearing required before issuance of retail license.
No license for a retail on-sale or off-sale alcoholic beverage license may be issued to an
applicant until a public hearing is conducted pursuant to §§ 35-2-4 and 35-2-5.
Source: SL 1949, ch 17, § 1; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 142; SL
2018, ch 213, § 15.
SDCL 35-2-5. Time and place of hearing on retail license--Publication of notice.
The governing body of any incorporated municipality or county being presented
applications for retail on-sale or off-sale alcoholic beverage licenses shall fix the time
and place for hearing upon all applications that come before the body. The finance
officer or county auditor shall publish one notice in the official newspaper of the
municipality or county. The notice shall be headed "Notice of Hearing Upon Applications
for Sale of Alcoholic Beverages," shall state the time and place when and where the
applications will be considered, and shall state that any person interested in the
approval or rejection of any application may appear and be heard. The notice shall be
published at least one week before the hearing. At the hearing, the body shall consider
each application and any objection to the application before making a final decision on
an application.
Source: SL 1949, ch 17, § 2; SDC Supp 1960, § 5.0103-1; SL 2008, ch 37, § 144; SL
2018, ch 213, § 17.
SDCL 35-2-6.2. Character requirements for licensees.
Any licensee under this title shall be a person of good moral character, never convicted
of a felony, and, if a corporation, the managing officers of the corporation shall meet the
same qualifications.
Source: SDC 1939, §§ 5.0204 (10) (c), 5.0303 (2); SDCL §§ 35-4-26, 35-6-4; SL 1971,
ch 211, § 25; SL 2018, ch 213, § 22.
B rook ings County, SD
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Pr oper ty Address 921 20TH ST S
BROOKINGS
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O w ner Addr ess SUNNY RIDGE INC
P O BOX 3
BRO O KINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption MC C LEMANS ADDN LOT 7B BL K 13 52,520 SF (161.6 X 325)(10,000 SF UNBUIL DABLE)
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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 21-034,Version:1
Action on Resolution 21-034, Contingency Funds Transfer to 2021’s Budget - July 4th Fireworks
Summary:
Action on Resolution 21-034, a resolution authorizing a supplemental appropriations transfer of City
Manager’s contingency funds in the amount of $10,000 to fund the annual 4th of July fireworks
display at the Swiftel Center. Due to COVID budget constraints, this initiative was not funded at the
time the 2021 Budget was approved.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 5/6/2021Page 1 of 1
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City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: May 11, 2021
Subject: Contingency Funds Transfer to 2021’s Budget – July 4th
Fireworks
Person(s) Responsible: Paul Briseno, City Manager;
Erick Rangel, Chief Financial Officer
Summary:
Resolution 21-034 authorizes a supplemental appropriations transfer of City Manager’s
Contingency Funds in the amount of $10,000 to fund the annual 4th of July Fireworks
Display at the Swiftel Center. Due to COVID budget constraints, this initiative was not
funded at the time the 2021 Budget was adopted.
Background:
The 2021 Budget allocated $125,000 to the City Manager’s Contingency account. The
main objective of this allocation is to fund items which result as a change in strategic
direction, weather related, or additional initiatives not considered at the time the 2021
Budget was prepared and presented to the City Council.
So far in 2021, sales tax revenue has performed slightly higher than budget. Thus, staff
proposes to fund this initiative given its positive impact in our community. The annual
July 4th Fireworks Display event brings visitors into town helping the local economy and
is very popular among community members.
Item Details:
Staff recommends a onetime allocation of 2021 City Manager’s Contingency to fund the
annual 4th of July Fireworks Display at the Swiftel Center in the amount of $10,000.
Legal Consideration:
South Dakota Codified Law 9-21-6.1, Line Item for Contingencies – Maximum Amount –
Transfer to Other Appropriations, provides for the transfer of contingency funds by
resolution to account for items for which no appropriation was provided.
Strategic Plan Consideration:
Promotes an inclusive and connected community and economic growth
Financial Consideration:
This transfer will not result in incremental 2021 budgeted expenses. It will transfer
appropriations from the City Manager Contingency Account into the 3B Fund. Following
this transfer, the City Manager’s Contingency Account will remain with a $115,000
available spending balance.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Memo
Resolution
Resolution 21-034
A Resolution Transferring City Manager Contingency Funds to City
Departments
Whereas, the City of Brookings hereby transfers City Manager’s contingency
funds to fund unplanned operational obligations of the municipality. This
resolution is for the purpose of completing a transfer of contingency funds to the
following accounts:
284 Fund – 3B
284-000-5-856-48 4th of July Fireworks Display $ 10,000.00
Total Transfers $ 10,000.00
The Financing Source for this transfer is from the following account:
101-405-5-856-99 Contingency Fund $ 10,000.00
Total Source of Funding $ 10,000.00
Whereas, this resolution is deemed necessary for the immediate preservation of
the public peace, health, safety and support of the City, and shall become
effective upon publication.
Dated this 11th day of May, 2021.
City of Brookings
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 21-0242,Version:1
COVID-19 Update.
Summary:
City Manager Paul Briseno will provide a regular update on COVID-19 to the City Council and
members of the public.
Background:
7/14/2020 City Council Minutes excerpt: “Council Items for Future Discussion. A motion was
made by Council Member Brink, seconded by Council Member Bacon, that a standing item to
discuss the current status of COVID-19 be added to future City Council Agendas. The motion carried
by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.”
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