HomeMy WebLinkAbout2023_08_22 CC Minutes 313
Brookings City Council
August 22, 2023
The Brookings City Council held a meeting on Tuesday, August 22, 2023 at 6:00 PM, at
the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery,
Brianna Doran, Andrew Rasmussen, Bonny Specker, Holly Tilton Byrne, and Nick
Wendell. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk
Bonnie Foster were also present.
Agenda. A motion was made by Council Member Specker, seconded by Council
Member Doran, that the agenda be approved. The motion carried by the following vote:
Yes: 6 -Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 -
Wendell.
Consent Agenda. A motion was made by Council Member Specker, seconded by
Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by
the following vote: Yes: 6 -Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton
Byrne; Absent: 1 - Wendell.
A. Action to approve the August 8, 2023 City Council Minutes.
B. Action on the High School Student Representative appointment to the Park &
Recreation Board: Cade Christianson (term expires 5/1/2024).
C. Action on Resolution 23-075, a Resolution declaring surplus property for the
City of Brookings.
Resolution 23-075 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Public Works Division — Street Dept.: 2014 Bobcat Planer, Model: 24 PLA, Serial #:
JN703001; 1997 Swenson Sander, Model: EV-200-13-50, Serial #: 79604
Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose
of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of said surplus
property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6-13.
Report: SDSU Students Association. SDSU SA Government Affairs Chair, Michael
Garofalo, provided an update on SDSU happenings to the City Council and members of
the public.
FIRST READING —Ordinance 23-027. Introduction and First Reading was held on
Ordinance 23-027, an Ordinance certifying the 2024 City of Brookings Property Tax
Levy to the Brookings County Finance Officer. Second Reading and Action: September
12, 2023.
FIRST READING — Ordinance 23-029. Introduction and First Reading was held on
Ordinance 23-029, an Ordinance to permit by Conditional Use a Major Home
Occupation (hair salon) on Lot 15, Block 10 of East Acres Second Addition, also known
as 2031 Derdall Drive. Public Hearing and Action: September 12, 2023.
FIRST READING — Ordinance 23-030. Introduction and First Reading on Ordinance
23-030, an Ordinance to Amend Chapter 94, Article I, Section 94-1 and Chapter 94,
Article IV, Section 94-131, Section 94-132, Section 94-134 and Section 94-135 related
to the establishment of indoor pet services as an allowable use. Public Hearing and
Action: September 12, 2023.
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Ordinance 23-026. A motion was made by Council Member Specker, seconded by
Council Member Tilton Byrne, that Ordinance 23-026, an Ordinance Authorizing
Amendment No. 7 to the 2023 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Avery, Tilton Byrne, Specker, Doran, and
Rasmussen.
Ordinance 23-021. A public hearing was held 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. A motion was made by Council
Member Specker, seconded by Council Member Tilton Byrne, that Ordinance 23-021 be
approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Avery,
Tilton Byrne, Specker, Doran, and Rasmussen.
On-Off Sale Malt License— new license. A public hearing was held on a request for
an On-Off Sale Malt License, with Video Lottery authorization, for South Main Casino,
Suite B, SVK Properties, Todd Voss, owner, 615 Main Avenue. Legal description: North
50 feet of Lot 1, Block 2, Shelden's Subdivision of Outlot P, and the West 155 feet, the
South 80 Feet, and the North 275 feet, Outlot P, Suite B. A motion was made by
Council Member Wendell, seconded by Council Member Doran, that the On-Off Malt
License be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Wendell, Avery, Tilton Byrne, Specker, Doran, and Rasmussen.
Video Lottery Authorization — new license. A public hearing was held on a request
for a Video Lottery Authorization for South Main Casino & Pub, Suite B, SVK Properties,
Todd Voss, owner, 615 Main Avenue, Suite B. Legal description: North 50 feet of Lot 1,
Block 2, Sheldens Subdivision of Outlot P, and the West 155 feet, the South 80 feet,
and the North 275 feet, Outlot P, Suite B. A motion was made by Council Member
Wendell, seconded by Council Member Doran, that the video lottery authorization be
approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Avery,
Tilton Byrne, Specker, Doran, and Rasmussen.
On-Off Sale Malt License— new license. A public hearing was held on a request for
an On-Off Sale Malt License, with Video Lottery authorization, for 4 Aces Casino, Suite
D, Todd Voss, owner, 141 Main Avenue South. Legal description: North '/Z of Lot 12,
South '/ of Lot 13, Block 3, Folsom Addition, Suite D. A motion was made by Council
Member Rasmussen, seconded by Council Member Wendell, that the On-Off Sale Malt
License be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Wendell, Avery, Tilton Byrne, Specker, Doran, and Rasmussen.
Video Lottery Authorization — new license. A public hearing was held on a request
for a Video Lottery authorization for 4 Aces Casino, Todd Voss, owner, 141 Main
Avenue South, Suite D. Legal description: North '/ of Lot 12, South '/ of Lot 13, Block
3, Folsom Addition, Suite D. A motion was made by Council Member Wendell,
seconded by Council Member Doran, that the Video Lottery Authorization be approved.
The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Avery, Tilton
Byrne, Specker, Doran, and Rasmussen.
Resolution 23-073. A public hearing was held on Resolution 23-073, a Resolution
Creating Boundaries of Tax Increment District Number Fourteen. A motion was made
by Council Member Tilton Byrne, seconded by Council Member Specker, that
Resolution 23-073 be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Wendell, Avery, Tilton Byrne, Specker, Doran, and Rasmussen.
Resolution 23-073 - Resolution Providing for the Creation of Tax Increment Financing
District Number Fourteen, City of Brookings
Whereas, the Planning Commission has recommended the District Boundaries for Tax
Increment Financing District Number Fourteen, City of Brookings, and has
recommended its creation; and
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Whereas, the City of Brookings has the powers, pursuant to SDCL 11-9-2, to create Tax
Increment Financing District Number Fourteen, City of Brookings, and to define its
boundaries.
Now, Therefore, It Is Hereby Resolved:
1. Authority and Declaration of Necessity. The City of Brookings declares the
necessity for the creation of Tax Increment Financing District Number Fourteen,
City of Brookings (hereinafter sometimes referred to as the "District"), pursuant to
SDCL Chapter 11-9. Further, the City finds that the improvement of the area
within the District is likely to enhance significantly the value of substantially all of
the other real property in the District and is necessary for economic development
within the city.
2. Findings. The City Council makes the following findings with regard to affordable
housing:
a. The proposed improvements will create new jobs and diversify the overall
economic base of the City of Brookings through affordable housing
opportunities.
b. The South Dakota Department of Revenue has reviewed the TIF Plan and
classified the Tax Increment District Fourteen of City of Brookings to be
Affordable Housing.
c. Not less than 25 percent, by area, of the real property within the district is a
blighted area as defined under SDCL 11-9-11.
d. At least 50 percent of the real property within the district will stimulate and
develop the general economic welfare and prosperity of the state through the
promotion and advancement of housing opportunities.
e. The improvement of the area is likely to significantly enhance the value of
substantially all other real property in the district.
f. The aggregate assessed value of the District plus the tax incremental base of
all other existing Districts in the city does not exceed 10 percent of the total
assessed valuation in the City.
3. Boundaries of District. The Boundaries of the district are determined to be as
follows:
• North '/ of the Northwest %, excepting the East 650 feet, and excepting
the West 1,600 feet, and excepting Substation Addition, and excepting the
West 150 feet, and excepting the North 40 feet in Section 1-T109N-R50W
• West 390 feet of the East 1,040 feet in the Southeast % of the Northwest
'/. in Section 1-T109N-R50W
• Lots 12A and 12B, Block 9, Bluegill Addition
• West 1,600 feet of the South '/ of the Northwest '/4, excepting Trail
Addition Block 2 in Section 1-T109N-R50W
• Trail Addition, Block 2, excepting the North 490 feet
All located in the City of Brookings, Brookings County, South Dakota including
within and adjacent rights-of-ways.
4. Findings of Annual Appropriation TID. Tax Increment District#14 will be
designated as an Annual Appropriations TIF to ensure that it does NOT count
against constitutional debt.
5. Creation of Tax Incremental Fund. There is hereby created, pursuant to SDCL
11-9-31, a City of Brookings Tax Increment Financing District Number Fourteen
Fund, which shall be a segregated asset account. All tax increments collected
pursuant to Tax Incremental District Number Fourteen shall be deposited into the
Tax Increment Financing District Number Fourteen Fund. All funds in the Tax
Increment Financing District Number Fourteen Fund shall be used solely for
those purposes expressly stated and reasonably inferred in SDCL Chapter 11-9.
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Resolution 23-074. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 23-074, a Resolution on Adoption of Tax
Increment District#14 Project Plan, be approved. The motion carried by the following
vote: Yes: 7 - Niemeyer, Wendell, Avery, Tilton Byrne, Specker, Doran, and
Rasmussen.
Resolution 23-074 - Resolution Approving Tax Increment Financing
District Number Fourteen
Whereas, the Brookings Planning Commission has recommended the approval of the
Tax Increment Financing District Number Fourteen Project Plan, City of Brookings; and
Whereas, the City Council finds that all requirements have been met in order to approve
said Tax Increment Plan.
Now, Therefore, Be It Resolved by the City Council
1. Approval of Project Plan. The project plan, a copy of which is on file with the City
Finance Officer hereby approved.
2. Findings. The City Council finds that the project plan is feasible and that it
conforms to the City's master plan. All findings made in the tax increment
financing project plan are included herein by reference.
3. Effective 20 days after publication. This resolution shall become effective 20 days
after publication and absent any challenge at law all findings and conclusions in
the Tax Increment Financing Project Plan for Tax Increment Financing District
Number Fourteen, City of Brookings shall be final.
Progress Report. Samantha Beckman, Assistant to the City Manager, provided a
progress report highlighting the City's activities/projects.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Wendell, that this meeting be adjourned at 6:51 p.m. The motion carried by a
unanimous vote.
CITY OF O KI GS, SD
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Oepke . Niemeyer, May;;
ATTEST:
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'z' ibster, City Clerk