HomeMy WebLinkAbout2023_11_14 CC Minutes 338
Brookings City Council
November 14, 2023
The Brookings City Council held a meeting on Tuesday, November 14, 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 Tilton Byrne, seconded by Council
Member Wendell, that the agenda be approved. The motion carried by the following
vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
A. Action to approve the October 24, 2023 City Council Minutes.
B. Action on Resolution 23-095, a Resolution authorizing the City Manager to sign
an On-Sale Liquor Operating Agreement renewal for the Pheasant Cafe & Lounge,
Georgiana Olson, owner, 726 Main Avenue South, Brookings, South Dakota.
Resolution 23-095 - On-Sale Wine Operating Agreement— 10-year renewal
Pheasant Cafe & Lounge
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management
Agreement for Liquor between the City of Brookings and The Pheasant Cafe & Lounge,
Georgianna Olson, owner, for the purpose of an alcohol manager to operate the on-sale
establishment or business for and on behalf of the City of Brookings at 726 Main
Avenue South). Legal description: Lot 2, Block 2, Grossman Heights Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Operating Agreement.
C. Action on annual Liquor and Wine Alcohol License Renewals for 2024. Liquor
(Off-Sale): Brookings Municipal Liquor Store, 780 22"d Avenue South; Convention
Center (On-Sale): Wilbert's / Comfort Suites University/ Den Will Hospitality Group,
Inc., 931 25th Avenue; Liquor (On-Sale): Craft Fusion /Jesse Davis, LLC, 610 Medary
Avenue; Cubby's Sports Bar & Grill / GDT Inc., 307 Main Avenue; Danny's / David
Olson Inc., 703 Main Avenue South; Elks Club Lodge #1490, 516 4th Street; Jack's
Entertainment LLC / O'Hare's, 327 Main Avenue; Jim's Tap / Urquhart Ent., Inc., 309
Main Avenue; The Lanes / MG Oil Company, 722 Western Avenue; Main Street Pub,
408 Main Avenue; 9 Bar Nightclub / Nine Inc., 303 Main Avenue; Pheasant Restaurant
& Lounge / RGO, Inc., 726 Main Avenue South; Pints & Quarts / KR Hospitality, Inc.,
313 Main Avenue; Ray's Corner/ Icon Invenstments, 401 Main Avenue; Skinner's Pub,
Inc., 300 Main Avenue; Sully's Irish Pub / B&L Sullivan Inc., 421 Main Avenue; VFW
GEO Dokken Post 2118, 520 Main Avenue; The Wild Hare /Wonder, Inc., 303 3rd
Street; Full-Service Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings
Steak Co., LLC, 621 32"d Avenue; Boss's Pizza / On In 2 LLC, 2515 6th Street; Wine
(On-Off Sale): Brookings Municipal Liquor Store, 780 22"d Avenue South; BYG
Backyard Grill, 1805 6th Street; Cenex Zip Trip #63 / CHS, Inc., 1005 6th Street; Cenex
Zip Trip #64 / CHS, Inc., 3045 LeFevre Drive; Children's Museum of South Dakota, 521
4th Street; Circle K/ Holiday Stationstores, LLC, 1-29 & Hwy 14 By-pass — INACTIVE;
Corner Pantry#19 / MG Oil Company, 919 20th Street South; Cottonwood Coffee, Inc,
1710 6th Street; Dacotah Bank Center, 824 32"d Avenue; Danger von Dempsey's /The
Crown, 770 22"d Avenue South, Suite 1; Deuces Casino, Commonwealth Gaming &
Holdings Co., 223 6th Street, Suite 105A; Deuces Casino, Commonwealth Gaming &
Holdings Co., 223 6th Street, Suite 1056; Deuces Casino, Commonwealth Gaming &
Holdings Co., 223 6th Street, Suite 105C; Deuces Casino, Commonwealth Gaming &
Holdings Co., 223 6th Street, Suite 105E; Flavor Indian &Asian Flare, 501 Main Avenue;
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George's Pizza / M2P3 Enterprise LLC, 311 Main Avenue; Guadalajara, 1715 6th Street,
Suite F; McCrory Gardens Educational & Visitors Center/ Sodexo, 6th Street and 22"d
Avenue; Mosaic Wine Bar, 225 Main Avenue; New Sake / Sake, Inc., 724 22"d Avenue
South; Old Sanctuary/Old Sanctuary Assoc., LLC, 928 4th Street; Pheasant Restaurant
& Lounge / RGO, Inc., 726 Main Avenue South; Schoon's Pump N' Pak South /
Schoon's Properties, Inc., 1205 Main Avenue South; Wal-Mart Supercenter#1538 /
Wal-Mart Stores, Inc., 2233 6th Street; Wilbert's / Comfort Suites University/ Den Will
Hospitality Group, Inc., 931 25th Avenue; Wooden Legs Brewing Co., 309 5th Street,
Suite 100; Yessica's Restaurant, 1300 Main Avenue South.
D. Action on Resolution 23-105, a Resolution Authorizing a three-year agreement
for Barracuda Message Archiving Service.
Resolution 23-105 - Resolution Authorizing a three-year agreement for
Barracuda Message Archiving Service
Whereas, the City of Brookings has determined a need for City email to be archived for
220 users for legal compliance and storage needs; and
Whereas, a three-year agreement offers substantial savings over a one-year
agreement; and
Whereas, Barracuda offers superior cloud archiving that meets all the needs of the City
of Brookings, South Dakota's archiving needs.
Now, Therefore, Be It Resolved, that the City of Brookings hereby authorizes the
signing of an agreement between ITsavvy and the City of Brookings, SD for a 3-year
purchase of Barracuda's cloud archiving system for Office 365 in the amount of
$22,492.80; and
Be It Further Resolved, that the City of Brookings hereby authorizes the IT Manager to
sign the agreement on behalf of the City of Brookings, SD.
Proclamation: Purple Heart City. Mayor Niemeyer presented a proclamation to the
Military Order of the Purple Heart and Brookings Police Chief Michael Drake.
MAYORAL PROCLAMATION
Whereas, the City of Brookings, South Dakota, and our community have great
admiration and the utmost gratitude for all individuals who have, and are, selflessly
serving their country and this community in the United States Armed Forces; and
Whereas, Veterans have paid the high price of freedom by leaving their families and
communities and placing themselves in harm's way for the good of all; and
Whereas, the contributions and sacrifices of individuals who served in the Armed
Forces have been vital in maintaining the freedoms and way of life enjoyed by our
citizens; and
Whereas, many individuals in uniform have given their lives while serving in the Armed
Forces; and
Whereas, citizens of our community were wounded in combat and were awarded the
Purple Heart Medal in recognition of their meritorious acts of bravery and service to our
nation.
Now, Therefore, I, Oepke G. Niemeyer, Mayor of the City of Brookings, State of South
Dakota, do hereby proclaim the City of Brookings to be a Purple Heart City.
Brookings Police Dept. Pinning Ceremony.
Mayor Niemeyer and Police Chief Michael Drake conducted a Pinning Ceremony
for new Brookings Department Officers Scott Roberts, Noah Smith, and Rick
Wdicker.
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Presentation: Medicare Advantage Plans. Jason Merkley, President & CEO of
Brookings Health Systems presented information on the Medicare Advantage Plans.
Report: SDSU Student Association. Michael Garofalo, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings.
Reports: City Council Ex-Officio Reports. A Brookings Municipal Utility Board report
was given by Council Members Avery and Rasmussen. A Brookings Health Systems
Board of Trustees report was given by Council Members Doran and Specker.
FIRST READING — Ordinance 23-041. Introduction and first reading was held on
Ordinance 23-041, an Ordinance Authorizing Budget Amendment No. 9 to the 2023
Budget. Second Reading and Action: November 28, 2023.
Ordinance 23-037. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Ordinance 23-037, the 2024 Appropriation Ordinance, be
approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Ordinance 23-035. A public hearing was held on Ordinance 23-035, an Ordinance
Amending Chapter 22 of the Code of Ordinance Pertaining to Moving a Building. A
motion was made by Council Member Tilton Byrne, seconded by Council Member
Specker, that Ordinance 23-035 be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Ordinance 23-036. A public hearing was held on Ordinance 23-036, an Ordinance
amending Chapter 94, Article IV, Section 94-131, Section 94-132, Section 94-136,
Section 94-137, and Section 94-161 related to public transportation facility as an
allowable use. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Ordinance 23-036 be approved. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol
Application from St. Thomas More Catholic School, to operate within the City of
Brookings, South Dakota, on February 3, 2024, for a Winter Gala and Grand Auction to
be held at 1700 8th Street South. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Doran, that the Temporary Alcohol Application be
approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Liquor and Wine Renewals for establishments which have failed an alcohol
compliance check. A public hearing was held on Annual Liquor and Wine Alcohol
License Renewals for establishments which have failed an alcohol compliance check
within the past 12 months. A motion was made by Council Member Wendell, seconded
by Council Member Tilton Byrne, that the alcohol license renewals for Park Place, Inc.,
2500 6th Street (Convention Liquor On-Sale), Applebee's Neighborhood Grill & Bar/
Apple BRK, LLC, 3001 LeFevre Drive (Liquor On-Sale); Hy-Vee Food Store, 790 22"d
Avenue South one On-Off Sale), Park Hospitality, Inc., and Buffalo Wild Wings Bar &
Brill /W&P of Brookings, LLC, 1801 6th Street (Liquor On-Sale), be approved. The
motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen,
Specker, Tilton Byrne, and Wendell.
Resolution 23-102. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 23-102, a Resolution Adopting the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-102— Resolution Adopting the Consolidated Fee Schedule
Whereas, the adopted Municipal Code and City Policies make references to fees
charged; and
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Whereas, it is prudent that the fees be reviewed for cost effectiveness.
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
Consolidated Fee Schedule as defined in the attached schedule.
Resolution 23-103. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 23-103, a Resolution Authorizing the
Placement of Stop Signs at the Intersection of 20th Street South and 17th Avenue be
approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-103 -A Resolution Authorizing the Placement of Stop Signs at the
Intersection of 20th Street South and 17th Avenue, making it a 4-way stop
Whereas, Section 82-373 of the Code of Ordinances of the City of Brookings provides
for approval by the City Council for placement of stop or yield signs in locations other
than long through streets; and
Whereas, the City contracted with HDR Inc. to perform a Warrant Review for a multi-
way stop control (4-way stop) at the intersection; and
Whereas, the Warrant Review recommended a 4-way stop at the intersection in
accordance with the Manual on Uniform Traffic Control Devices; and
Whereas, on September 21, 2023, the Traffic Safety Committee reviewed the Warrant
Review and concurred.
Now, Therefore, Be It Resolved that the City Council concurs with the Warrant Review
conducted by HDR, Inc. and approves the placement of two stop signs on 20th Street
South at the intersection of 17th Avenue, making the intersection a 4-way stop.
Resolution 23-104. A motion was made by Council Member Doran, seconded by
Council Member Tilton Byrne, that Resolution 23-104, a Resolution Authorizing the
Placement of Stop Signs at the Intersection of 5th Street and 5th Avenue be approved.
The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-104 -A Resolution Authorizing the Placement of Stop Signs at the
Intersection of 5th Street and 5th Avenue, Thereby Making it a 4-Way Stop
Whereas, Section 82-373 of the Code of Ordinances of the City of Brookings provides
for approval by the City Council for placement of stop or yield signs in locations other
than along through streets; and
Whereas, the City contracted with HDR Inc. to perform a Warrant Review for the
existing signal and to determine whether it could be replaced with a multi-way stop
control (4-way stop) at the intersection; and
Whereas, the Warrant Review recommended to remove the traffic signal and to replace
it with a 4-way stop at the intersection in accordance with the Manual on Uniform Traffic
Control Devices,
Now, Therefore, Be It Resolved that the City Council approves the placement of 4-way
stop signs at the intersection of 5th Street and 5th Avenue.
10-Year Capital Improvement Plan. A motion was made by Council Member Tilton
Byrne, seconded by Council Member Specker, that the 10-Year Capital Improvement
Plan (CIP) be approved. The motion carried by the following vote: Yes: 7 -Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
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Resolution 23-100. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 23-100, a Resolution Amending the Transfer of
Real Property to Brookings Economic Development Corporation be approved. The
motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen,
Specker, Tilton Byrne, and Wendell.
Resolution 23-100 - Resolution Amending the Transfer of Real Property to Brookings
Economic Development Corporation for Economic Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, this Resolution amends and revises Resolution 23-009 by revising the
number of acres to be acquired by Ryan Companies US, Inc., a Minnesota Corporation
(or its designated assignee) from 18.53 acres to 10 acres; and
Whereas, the City of Brookings has received a revised proposal from Ryan Companies
US, Inc. for the purchase of the following described property:
Approximately 10 acres located within Block Nine (9) of Wiese Addition in the
Southwest Quarter of the Southeast Quarter (SW'/4SE%) of Section Nineteen
(19), Township One Hundred Ten (110) North, Range Forty-nine (49) West of the
5th P.M., City of Brookings, County of Brookings, State of South Dakota, and
Whereas, the proposed purchase price remains at $1.40 per square foot (excluding all
areas subject to roadway easements, public rights-of-way, or any pipeline, or similar
easement which prevents and/or prohibits any development of any improvements on,
over, across or through that easement area) and the purpose of the acquisition remains
for commercial development of the above-described property by Ryan Companies US,
Inc., a Minnesota Corporation experienced in commercial development of property; and
Whereas, Ryan Companies US, Inc. has offered to purchase the above-described
property for a price which the City has determined is market value and is acceptable;
and
Whereas, the City of Brookings has determined that the proposed commercial
development by Ryan Companies US, Inc. will provide economic growth and economic
development as a result of retail and other commercial businesses locating within the
above-described property as tenants of Ryan Companies US, Inc.; and
Whereas, for the express purpose of furthering the economic growth and development
of the City of Brookings, South Dakota, the City of Brookings and the Brookings
Economic Development Corporation accept the revised proposal from Ryan Companies
US, Inc. to purchase the above-described property for commercial development,
including retail and other businesses, by Ryan Companies US, Inc. Furthermore, the
City agrees to convey the above-described property to the Brookings Economic
Development Corporation pursuant to a Real Estate Purchase Agreement between the
Brookings Economic Development Corporation and Ryan Companies US, Inc. for the
sum of$1.40 for each square foot of property purchased by Ryan Companies US, Inc.,
and located within the above-described property, in accordance with applicable law; and
Whereas, the City is authorized to enter into this transaction as an economic
development activity under the laws of the State of South Dakota;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City convey title to the above-described property to the Brookings
Economic Development Corporation, Inc. for the transfer of the above-described
property to Ryan Companies US, Inc. for the purposes set forth herein; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute the required documents in accordance with this Resolution.
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Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Wendell, that this meeting be adjourned at 7:19 p.m. The motion carried by a
unanimous vote.
CITY O R OKI S, SD
Oep e G iemeyer, May
ATTEST:
6 ,Foster, City Clerk