HomeMy WebLinkAbout2023_08_08 CC AgendaCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces
sustainability and pursues a complete lifestyle. We are committed to building a bright future through
dedication, generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, August 8, 2023
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. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion. At the request of any
one Council Member or the City Manager, an item may be removed from the Consent
Agenda and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the
beginning of the formal items.
5.A.ID 23-0338 Action to approve City Council meeting minutes.
Page 1 City of Brookings
August 8, 2023City Council Meeting Agenda - Final
7/25/2023 MinutesAttachments:
5.B.RES 23-067 Action on Resolution 23-067, a Resolution authorizing the City Manager
to sign an On-Sale Wine Operating Agreement renewal for Guadalajara
II, Inc., dba Guadalajara Mexican Restaurant, Juan Carlos Vega, owner,
1715 6th Street, Suite F, Village Square Mall #1, Brookings, South
Dakota. Legal description: Lot 6, Suite 'F', Village Square Mall Addition.
Resolution
Operating Agreement
Location Map
Attachments:
5.C.RES 23-068 Action on Resolution 23-068, a Resolution authorizing the City Manager
to sign an On-Sale Wine Operating Agreement renewal for Den Wil
Hospitality Group, Inc., dba Wilbert’s / Comfort Suites University, Dennis
Bielfeldt, owner, 931 25th Avenue, Brookings, South Dakota. Legal
description: Lot 3, Block 2, Telkamp Addition.
Resolution
Operating Agreement
Location Map
Attachments:
5.D.RES 23-069 Action on Resolution 23-069, a Resolution authorizing the City Manager
to sign an On-Sale Convention Liquor Operating Agreement renewal for
Den Wil Hospitality Group, Inc., dba Wilbert’s / Comfort Suites
University, Dennis Bielfeldt, owner, 931 25th Avenue, Brookings, South
Dakota. Legal description: Lot 3, Block 2, Telkamp Addition.
Resolution
Operating Agreement
Location Map
Attachments:
5.E.RES 23-072 Action on Resolution 23-072, a Resolution Accepting a Donation for the
Construction of 8 Pickleball Courts.
Memo
Resolution
Tentative Site Plan
Attachments:
5.F.ID 23-0347 Action to adjust the 2023 City Council Meeting Calendar
6. Presentations/Reports:
6.A.ID 23-0342 Introduction of new and/or promoted City of Brookings employees.
6.B.ID 23-0315 Proclamation: A Day to Celebrate the Cultures of Our Community
ProclamationAttachments:
6.C.ID 23-0343 Report: 2023 2nd Quarter Finance Report
Page 2 City of Brookings
August 8, 2023City Council Meeting Agenda - Final
PresentationAttachments:
6.D.ID 23-0339 Reports: City Council Ex-Officio Reports
7. Contracts/Change Orders: NONE
8. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
8.A.ORD 23-021 Introduction and First Reading on Ordinance 23-021, an Ordinance
Amending Article II of Chapter 38 - Flood Damage Prevention in City, of
the Code of Ordinances of the City of Brookings, South Dakota. Public
Hearing and Action: August 22, 2023.
Memo
Ordinance - clean
Ordinance - marked
Attachments:
8.B.ORD 23-026 Introduction and First Reading on Ordinance 23-026, an Ordinance
Authorizing Amendment No. 7 to the 2023 Budget. Second Reading
and Action: August 22, 2023.
Memo
Ordinance
Attachments:
9. Public Hearings and Second Readings:
9.A.ORD 23-025 Second Reading and Action on Ordinance 23-025, an Ordinance
Authorizing Amendment No. 6 to the 2023 Budget.
Memo
Ordinance
Attachments:
Motion: Action to Approve, Request Public Comment, Roll Call
Legislative History
7/25/23 City Council read into the record
9.B.ID 23-0334 Public Hearing and Action on a request for an On-Off Sale Malt License
for The Crown, dba Danger Von Dempsey’s, Jayme Erickson, owner .
Location: 770 22nd Avenue South. Legal Description: Lot 2, Brookings
Mall Addition, Suite 770.
Memo
Legal Notice
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
9.C.ID 23-0036 Public Hearing and Action on a request for an On-Off Sale Malt License,
Page 3 City of Brookings
August 8, 2023City Council Meeting Agenda - Final
with Video Lottery, for Commonwealth Gaming & Holding Corp, dba
Deuces Casino, Suite 105E, Bryant Soberg and Kirby Muilenburg,
owners, 223 6th Street, Suite 105E, legal description: S114’ of W 69.3’
of Lot 20 and S114’ of Lot 21, Block 3, Henry Addition, Suite 105E.
Pending occupancy permit issuance and final inspection per the
Community Development Dept.
Memo
Proposed Building Plan
Legal Notice - July 2023
Legal Notice - January 2023
City Attorney Opinion on AR 48.02.11.02
City Attorney Memo on Video Lottery - 2018.05.02
Video Lottery - State Statues and Admin Rule
City Council Minutes excerpts
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
Legislative History
1/24/23 City Council tabled
9.D.ID 23-0035 Public Hearing and Action on a request for Video Lottery for
Commonwealth Gaming & Holding Corp, dba Deuces Casino, Bryant
Soberg and Kirby Muilenburg, owners, 223 6th Street, Suite 105E, legal
description: S114’ of W 69.3’ of Lot 20 and S114’ of Lot 21, Block 3,
Henry Addition, Suite 105E.
Memo
Current Video Lottery List
CC Minutes excerpt - Deuces Casino items
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 - January 2023
Legal Notice - July 2023
Proposed Building Plan
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
Legislative History
1/24/23 City Council tabled
9.E.RES 23-005 Public Hearing and Action on Resolution 23-005, a Resolution
authorizing the City Manager to enter into an On-Off Sale Wine
Operating Agreement for Commonwealth Gaming & Holdings, Co., dba
Deuces Casino, Bryant Soberg and Kirby Muilenburg, owners, 223 6th
Page 4 City of Brookings
August 8, 2023City Council Meeting Agenda - Final
Street, Suite 105E, Brookings, South Dakota, legal description: South
114’ of the West 69.3’ of Lot 20, and the South 114’ of Lot 21, Block 21,
Block 3, Henry’s Addition, Suite 105E.
Memo
Resolution
Operating Agreement
City Council Minutes excerpt
Hearing Notice - January 2023
Hearing Notice - July 2023
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
Legislative History
1/24/23 City Council tabled
9.F.ID 23-0335 Public Hearing and Action on a request to transfer an On-Off Sale Malt
License for Ray’s Corner, 401 Main Avenue, from Fergen Enterprise,
Inc., Mike Fergen, owner, to Icon Investments, Todd Voss, owner.
Legal description: Lot 1, Ray’s Corner Addition.
Memo
Legal Notice
City Code and SDCL References
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
9.G.ID 23-0336 Public Hearing and Action on a request to transfer an On-Off Sale Malt
License, with video lottery authorization, for Ray’s Corner, 401 Main
Avenue, Suite B, from Fergen Enterprise, Inc., Mike Fergen, owner, to
Icon Investments, Todd Voss, owner. Legal description: Lot 1, Suite B,
Ray’s Corner Addition.
Memo
Legal Notice
City Code and SDCL References
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
9.H.RES 23-066 Public Hearing and Action on Resolution 23-066, a Resolution
authorizing the City Manager to enter into an On-Sale Liquor Operating
Agreement with Icon Investments, Todd Voss, owner, for Ray’s Corner,
401 Main Avenue. Legal description: Lot 1, Ray’s Corner Addition.
Page 5 City of Brookings
August 8, 2023City Council Meeting Agenda - Final
Memo
Resolution
Operating Agreement
Notice of Public Hearing
Code and SDCL References
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
9.I.ID 23-0340 Public Hearing and Action on a request to transfer an On-Off Sale Malt
License, with video lottery authorization, for 2515 6th Street, from 25th
Avenue LLC, dba The Lodge, Dennis Beilfeldt, owner, to On In 2 LLC,
dba Boss’ Pizzeria & Sports Bar, Dallas Wilkinson and Darren Newborg,
owners. Legal description: Block 12, Telkamp Addition.
Memo
Legal Notice
City Code and SDCL References
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
9.J.RES 23-071 Public Hearing and Action on Resolution 23-071, a Resolution
authorizing the City Manager to enter into an Full Service On-Sale
Restaurant Liquor Operating Agreement for 2515 6th Street, On In 2
LLC, dba Boss’ Pizzeria & Sports Bar, Dallas Wilkinson and Darren
Newborg, owners. Legal description: Block 12, Telkamp Addition.
Memo
Resolution
Operating Agreement
Acceptance Agreement
Legal Notice
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
9.K.ID 23-0346 Public Hearing and Action on a request to transfer an On-Off Sale Malt
License for George’s Pizza, 311 Main Avenue, from George’s Pizza,
Inc., Panagiota Theodosopoulos, owner, to MzP3 Enterprises LLC,
Justin Price and Janice Minder, owner. Legal description: Lot 6, Block
3, Original Plat Addition.
Memo
Legal Notice
City Code and SDCL References
Location Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
Page 6 City of Brookings
August 8, 2023City Council Meeting Agenda - Final
9.L.RES 23-070 Public Hearing and Action on Resolution 23-070, a Resolution
authorizing the City Manager to enter into an On-Off Sale Wine
Operating Agreement for MzP3 Enterprise LLC, dba George’s Pizza,
Justin Price and Janice Minder, owners, 311 Main Avenue, Brookings,
South Dakota, legal description: Lot 6, Block 3, Original Plat Addition.
Memo
Resolution
Operating Agreement
Legal Notice
Map
Attachments:
Motion: Motion to Approve, Open & Close Public Hearing, Roll Call
10. Other Business: NONE
11. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
12. Executive Session
12.A.ID 23-0348 Executive Session, pursuant to SDCL 1-25-2.3, for consulting with legal
counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters.
13. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Andrew Rasmussen
Brookings City Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1)
Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), 2) participate remotely, or 3) via eComment
(https://cityofbrookings.legistar.com/Calendar.aspx ). Comments provided will become part of the official record
and subject to review by all parties and the public. The comments and views expressed by the public are those
of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the
City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 7 City of Brookings