HomeMy WebLinkAbout2024_05_07 CC Minutes 408
BROOKINGS CITY COUNCIL
MAY 7, 2024
The Brookings City Council held a joint meeting with the County Commission on
Tuesday, May 7, 2024 at 5:30 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. County Commission Members present: Mike
Bartley, Shawn Hostler, Larry Jensen, Ryan Krogman, and Kelly VanderWal. City
Manager Paul Briseno, City Attorney Steve Britzman and City Clerk Bonnie Foster were
also present.
Oath of Office. Newly Elected Mayor and City Council Members took their Oath of
Office and were presented with their Certificates of Election. Re-Elected Mayor Oepke
G. Niemeyer (3-year Mayor Term -term expires 5/1/2027); Re-Elected City Council
Members are: Wayne Avery (3-year City Council Term - term expires 5/1/2027), Nick
Wendell (3-year City Council Term -term expires 5/1/2027).
Agenda. A motion was made by Council Member Rasmussen, seconded by Council
Member Specker, that the agenda be approved. The motion carried by the following
vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Ordinance 24-004. A public hearing was held on Ordinance 24-004, an Ordinance to
Rezone Outlots 6, 7, 8, 9 and 14 in the West '/2 of the South '/2 of the Northeast % in
Section 11, Township 109, Range 50, Medary Township, Brookings County, South
Dakota from a Joint Jurisdiction Agriculture (JJ-A) District and a Joint Jurisdiction
Residence (R-3A) Apartments/Mobile Homes and Manufactured Housing District to a
Joint Jurisdiction Business (JJ-B3) Heavy District. A motion was made by Council
Member Wendell, seconded by Council Member Doran, that Ordinance 24-004 be
approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
County Commission Ordinance 2024-02. A public hearing was held on Brookings
County Commission Ordinance 2024-02, an Ordinance authorizing Rezoning of Outlots
6, 7, 8, 9, and 14 in the West Y2 of the South Y2 of the Northeast % of Section 11-T1 09N-
R50W (Medary Township). A motion was made by County Commission Member
VanderWal, seconded by County Commission Member Bartley, that Ordinance 2024-02
be approved. The motion carried by the following vote: Yes: 5 — Bartley, Hostler,
Jensen, Krogman, and VanderWal.
Adjourn the Joint Meeting. A motion was made by Council Member Specker,
seconded by Council Member Doran, that the Joint Meeting of the Brookings City
Council and Brookings County Commission Joint Meeting be adjourned at 5:54 p.m.
The motion carried by a unanimous vote.
(A brief recess began at 5:54 p.m. to end the joint portion of the meeting, dismissing the
County Commission. The City Council reconvened at 6:00 p.m.)
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, to approve the Consent Agenda. The motion carried by the
following vote: The motion carried by the following vote: Yes: 7 -Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
A. Action to approve the April 23, 2024 City Council Minutes.
B. Action on Annual Malt Beverage Alcohol License Renewals. On-Off Sale Malt
(retail): BP of Brookings, 2420 6th Street, Suite B; Brookings Softball Assoc.
(Southbrook Softball Diamonds), 2800 22"d Avenue South; BYG Backyard Grill, 1805 6th
Street; Carpy's Pub, 714 22"d Avenue South; Casino 2000, 622 25th Avenue, Suite A
and B; CHS, Inc., dba Cenex Zip Trip #63, 1005 6th Street; CHS, Inc., dba Cenex Zip
Trip #64, 3045 LeFevre Dr.; The Children's Museum of South Dakota, 521 4th Street;
Circle K, Hwy 14 Bypass (Inactive); Classic Convenience, 916 6th Street; Corner Pantry
#24 / MG Oil, Co., 600 6th Street; Corner Pantry#24 / MG Oil, Co., 600 6th Street, Suite
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B; Cubby's Sports Bar& Grill, 307 Main Avenue; Dacotah Bank Center, 824 32nd
Avenue; Danger von Dempsey's, 770 22"d Avenue South; Danny's, 703 Main Avenue
South; EdgeBrook Golf Course, 1415 22"d Avenue South; El Tapatio, Inc., 1816 6th
Street; Eponymous Brewing Co., 126 Main Avenue South; 4 Aces Casino /SVK
Properties, Inc., 141 Main Avenue South, Suite A; 4 Aces Casino/ SVK Properties, Inc.,
141 Main Avenue South, Suite B; 4 Aces Casino / SVK Properties, Inc., 141 Main
Avenue South, Suite C; 4 Aces Casino / SVK Properties, Inc., 141 Main Avenue South,
Suite D; Flavor Indian & Asian Fare, 501 Main Avenue; George's Pizza, 311 Main
Avenue; Hy-Vee Fast & Fresh, 716 22"d Avenue South; Jim's Tap, 309 Main Avenue;
The Lanes / MG Oil, Co., 722 Western Avenue, Suite B; The Lanes / MG Oil, Co., 722
Western Avenue, Suite C; Main Street Pub, 408 Main Avenue; McCrory Gardens
Visitors Center/Sodexo, 6th Street & 22"d Avenue; Mosaic Wine Bar, 225 Main Avenue;
Old Sanctuary, 928 4th Street; PNP Pub / Schoon's Pub, Inc., 318 2nd Street South;
Ray's Corner/ Icon Investments, 401 Main Avenue; Ray's Corner/ Icon Investments,
401 Main Ave, Suite B; Sake One, Inc., 724 22"d Avenue South; Schoon's PNP Pub
South / Schoon's Properties, Inc., 1203 Main Avenue South; Skinner's Pub, 300 Main
Avenue; South Main Casino & Pub/SVK Properties, LLC, 615 Main Avenue South, Suite
A and B; Sully's Irish Pub / 3 Guys LLC, 421 Main Avenue; Tee'd Off Golf, 2508 Wilbert
Court, Suite B; Wal-Mart Supercenter#1538, 2233 6th Street; Wilbert's / Den Wil
Hospitality Group, Inc., 931 25th Avenue; The Wild Hare, 303 31d Street; Wooden Legs
Brewing Co., 309 5th Street, Suite 100; Yessica's Restaurant, 1300 Main Avenue South.
C. Action to abate property taxes in the amount of$868.88 for Parcel #40245-
00400-008-05. Address: 516 12th Avenue, Brookings. Legal description: South 60
feet of Lots 7-8, Block 4, Hill Park Addition.
D. Action to abate property taxes in the amount of$1,373.79 for Parcel #40245-
00400-007-00. Address: 1206 6th Street, Brookings. Legal description: North 130
feet of Lot 7, Block 4, Hill Park Addition.
E. Action to abate property taxes in the amount of$748.19 for Parcel #40245-
00400-006-00. Address: 1210 6th Street, Brookings. Legal description: Lot 6,
Block 4, Hill Park Addition.
F. Action to abate property taxes in the amount of$3,083.35 for Parcel #40245-
00400-005-00. Address: 1212 6th Street, Brookings. Legal description: Lot 5,
Block 4, Hill Park Addition
G. Action to abate property taxes in the amount of$2,183.73 for Parcel #40245-
00400-002-00. Address: 515 13th Avenue, Brookings. Legal description: South 85
feet of Lot 1 and 2, Block 4, Hill Park Addition.
H. Action to abate property taxes in the amount of$1,131.03 for Parcel #40245-
00400-008-00. Address: 1202 6th Street, Brookings. Legal description: North 130
feet of Lot 8, Block 4, Hill Park Addition.
I. Action to abate property taxes in the amount of$2,065.25 for Parcel #40245-
00400-001-00. Address: 1224 6th Street, Brookings. Legal description: North 105
feet of Lots 1 and 2, Block 4, except Lot H-1
Thereof, Hill Park Addition.
J. Action to abate property taxes in the amount of$3,592.74 for Parcel #40245-
00400-003-00. Address: 1218 6th Street, Brookings. Legal description: Lots 3 and
4, Block 4, Hill Park Addition.
K. Action on Brookings Municipal Utility Board appointment: reappoint Seth
Hansen (term expires 5/1/2029).
L. Action on Resolution 24-049, a Resolution in Support of an Application for
Financial Assistance to the South Dakota Housing and Development Authority by
CD Properties, LLC, and / or its Affiliates, Agents, or Assigns, for the Benefit of
Multifamily Development.
RESOLUTION 24-049 - RESOLUTION IN SUPPORT OF AN APPLICATION
FOR FINANCIAL ASSISTANCE TO THE SOUTH DAKOTA HOUSING AND
DEVELOPMENT AUTHORITY BY CD PROPERTIES, LLC, AND /OR ITS
AFFILIATES, AGENTS, OR ASSIGNS, FOR THE BENEFIT OF MULTIFAMILY
DEVELOPMENT
WHEREAS, the 2022 Brookings County Housing Study identified the need for additional
multifamily housing in the moderate to market price range; and
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WHEREAS, the City of Brookings (the "City") and CD Properties, LLC have determined
it is necessary to proceed with improvements to the City's infrastructure, thus enabling
additional multifamily housing to be constructed in the city limits of Brookings by CD
Properties, LLC and others; and
WHEREAS, the City of Brookings acknowledges there is a significant housing shortage
in the City of Brookings and this proposed multifamily development will help, but not
resolve the housing shortage.
WHEREAS, the City and Developer have determined financial assistance will be
necessary to undertake the Project and an application for financial assistance to the
South Dakota Housing and Development Authority shall be prepared by CD Properties,
LLC (Developer) for the proposed development; and
WHEREAS, the City will work with the Developer's engineer to ensure the preliminary
project infrastructure plans meet the City's requirements for adequate drinking water,
water treatment capacity and distribution, storm sewer, and all other necessary
improvements as needed; and
WHEREAS, the City has adequate treatment facilities and water supply to
accommodate the proposed development; and
WHEREAS, the City is committed to the ownership and long-term maintenance of said
infrastructure;
NOW, THEREFORE, BE IT RESOLVED by the City of Brookings as follows:
1. The City of Brookings hereby supports the submission of an Application for
financial assistance by CD Properties, LLC, to the South Dakota Housing and
Development Authority.
2. City officials of the City of Brookings are hereby authorized to deliver such other
documents as necessary, to assist with the Application for the Project described
herein.
M. Action on Resolution 24-050, a Resolution in Support of an Application for
Financial Assistance to the South Dakota Housing and Development Authority by
JDS Investments, LLC, and / or its Affiliates, Agents, or Assigns, for the Benefit of
Multifamily Development.
RESOLUTION 24-050 - RESOLUTION IN SUPPORT OF AN APPLICATION
FOR FINANCIAL ASSISTANCE TO THE SOUTH DAKOTA HOUSING AND
DEVELOPMENT AUTHORITY BY JDS INVESTMENTS, LLC, AND / OR ITS
AFFILIATES, AGENTS, OR ASSIGNS, FOR THE BENEFIT OF MULTIFAMILY
DEVELOPMENT
WHEREAS, the 2022 Brookings County Housing Study identified the need for additional
multifamily housing in the moderate to market price range; and
WHEREAS, the City of Brookings (the "City") and JDS Investments, LLC have
determined it is necessary to proceed with improvements to the City's infrastructure,
thus enabling additional multifamily housing to be constructed in the city limits of
Brookings by JDS Investments, LLC and others; and
WHEREAS, the City of Brookings acknowledges that there is a significant housing
shortage in the City of Brookings and this proposed multifamily development will help,
but not resolve the housing shortage.
WHEREAS, the City and Developer have determined financial assistance will be
necessary to undertake the Project and an application for financial assistance to the
South Dakota Housing and Development Authority shall be prepared by JDS
Investments, LLC (Developer) for the proposed development; and
WHEREAS, the City will work with the Developer's engineer to ensure the preliminary
project infrastructure plans meet the City's requirements for adequate drinking water,
water treatment capacity and distribution, storm sewer, and all other necessary
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improvements as needed; and
WHEREAS, the City has adequate treatment facilities and water supply to
accommodate the proposed development; and
WHEREAS, the City is committed to the ownership and long-term maintenance of said
infrastructure;
NOW, THEREFORE, BE IT RESOLVED by the City of Brookings as follows:
1. The City of Brookings hereby supports the submission of an Application for
financial assistance by JDS Investments, LLC, to the South Dakota Housing and
Development Authority.
2. City officials of the City of Brookings are hereby authorized to deliver such other
documents as necessary, to assist with the Application for the Project described
herein.
Proclamation. Mayor Niemeyer presented a Proclamation to the Brookings Advance
Self-Advocate Group designating May 2024 as Global Accessibility Awareness
Month.
MAYORAL PROCLAMATION
WHEREAS, Global Accessibility Awareness Day (GAAD) is commemorating its 13tn
Anniversary of educating about digital access and inclusion for the more than one billion
people with disabilities; and
WHEREAS, GAAD is led by the GAAD Foundation, which was founded on the 10tn
Anniversary of Global Accessibility Awareness Day and whose mission is to disrupt the
culture of technology and digital product development to include accessibility as a core
requirement; and
WHEREAS, Workplaces welcoming of the talents of all people, including disabled
people, are a critical part of our efforts to build an inclusive community and strong
economy, yet more than 98.1% of corporate and organizations home pages have at
least one Web Content Accessibility Guidelines 2.0 failure, thus making it difficult with
those members of the disabled community from fully accessing information.
NOW, THEREFORE, I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby
proclaim May 2024 as GLOBAL ACCESSIBILITY AWARENESS MONTH and I call
upon employers, schools and other community organizations in Brookings to
observe this month with an appropriate review of their digital content, and to address
issues identified in such reviews that prevent disabled people from accessing and using
digital content provided by these institutions.
Proclamation. Mayor Niemeyer presented a Proclamation to Bonnie Foster, City Clerk,
and DeShawn Scott, Deputy City Clerk, recognizing May 5-11 as City Clerk Week.
MAYORAL PROCLAMATION
WHEREAS, the Office of the City Clerk is the oldest among public servants; and
WHEREAS, the City Clerk provides the professional link between the citizens and
agencies of government, serving as an information center; and
WHEREAS, the City Clerk has pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, the main duties of the City Clerk include preparing the council agendas and
minutes, maintaining ordinance and resolutions files, keeping the official records of the
city, conducting local elections, and processing licenses.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
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of Brookings, do hereby proclaim May 5-11, 2024 as CITY CLERK WEEK and extend
appreciation to City Clerk Bonnie Foster and Deputy City Clerk DeShawn Scott.
Proclamation. Mayor Niemeyer presented a Proclamation to Public Works staff,
recognizing May 19-25 as National Public Works Week.
MAYORAL PROCLAMATION
WHEREAS, public works professionals focus on infrastructure, facilities, and services
that are of vital importance to sustainable and resilient communities and to the public
health, high quality of life, and well-being of the people of the City of Brookings; and
WHEREAS, these infrastructure, facilities, and services could not be provided without
the dedicated efforts of public works professionals, who are engineers, managers, and
employees at all levels of government and the private sector, who are responsible for
rebuilding, improving, and protecting our nation's transportation, water supply, water
treatment and solid waste systems, public buildings, and other structures and facilities
essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the
City of Brookings to gain knowledge of and maintain an ongoing interest and
understanding of the importance of public works and public works programs in their
respective communities; and
WHEREAS, 2024 marks the 64th annual National Public Works Week.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim May 19 - 25, 2024 as NATIONAL PUBLIC WORKS
WEEK and I urge all citizens to join in activities, events, and ceremonies designed to
pay tribute to our public works professionals and to recognize the substantial
contributions they make to protecting our national health, safety, and advancing quality
of life for all.
Report: 2024 Spring Bulky Item Pickup. John Thompson, Public Works Director,
presented information on the 2024 Spring Bulky Item Pickup.
Report: Ex-Officio Reports. A Brookings Health Systems Board of Trustees report
was given by Council Member Doran. A Brookings Municipal Utility Board report was
not given.
Resolution 24-048. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Rasmussen, that Resolution 24-048, a Resolution Authorizing the
Brookings Mayor to enter into an Agreement for Financial Assistance between the City
of Brookings / Brookings Municipal Utilities and South Dakota Department of Agriculture
and Natural Resources, be approved. The motion carried by the following vote: Yes: 7
-Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-048 -A RESOLUTION AUTHORIZING THE BROOKINGS MAYOR
OF THE CITY OF BROOKINGS TO ENTER INTO AN AGREEMENT FOR FINANCIAL
ASSISTANCE BETWEEN THE CITY OF BROOKINGS / BROOKINGS MUNICIPAL
UTILITIES AND THE SOUTH DAKOTA DEPARTMENT OF AGRICULTURE AND
NATURAL RESOURCES.
WHEREAS, the City of Brookings/Brookings Municipal Utilities (BMU) (the "City") has
determined it is necessary to proceed with improvements to its Water System, including
but not limited to constructing a Water Treatment Facility, installing water mains, and
constructing 6 new wells (the "Project"); and
WHEREAS, the City has determined that financial assistance will be necessary to
undertake the Project and an application for financial assistance to the South Dakota
Board of Water and Natural Resources (the "Board") was prepared; and
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WHEREAS, the City submitted a funding application for the Project to the Board; and
WHEREAS, the American Rescue Plan Act (ARPA) and 2024 Senate Bill 53 have
allowed for additional grant allocations; and
WHEREAS, the City qualifies for up to an additional ARPA grant of$9,000,000; and
WHEREAS, the City received $21,039,300 ARPA funds.
NOW, THEREFORE, BE IT RESOLVED by the City:
1. That the City of Brookings/BMU hereby authorizes a request for consideration by
the Board for up to $9,000,000 of additional ARPA grant funds to be provided for
this project.
2. That the Mayor of the City of Brookings is hereby authorized to execute the grant
application and submit it to the South Dakota Board of Water and Natural
Resources, and to execute and deliver such other documents and perform all
acts necessary to effectuate the City of Brookings' application for financial
assistance.
3. That the Brookings Municipal Utilities General Manager/Executive Vice President
is hereby designated as the authorized representative of the City of
Brookings/BMU to do all things on its behalf to certify and sign payment requests
in the event financial assistance is awarded for the Project.
Resolution 24-031. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Resolution 24-031, a Resolution authorizing Change Order
#1 for the Hillcrest Park Pickleball Courts Project, be approved. The motion carried by
the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-031 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR THE
HILLCREST PARK PICKLEBALL COURTS PROJECT
WHEREAS, the City of Brookings is requesting changes to the Hillcrest Park Pickleball
Courts Project to meet USA Pickleball standards, and allow for tournament play; and
WHEREAS, the City of Brookings is requesting to increase the square footage of the
courts to 16,600 square feet; and
WHEREAS, the City of Brookings is requesting to increase the buffer zones around the
individual courts; and
WHEREAS, the City of Brookings is requesting to add additional fencing between the
courts; and
WHEREAS, the City of Brookings is requesting to install seven additional gates for court
access; and
WHEREAS, the City of Brookings is requesting to create improved accessibility of the
proposed pickleball courts.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes
the approval of Change Order#1 for the Hillcrest Park Pickleball Courts Project.
Resolution 24-045. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-045, a Resolution Awarding Bids on
2024-07STI, Freight On Board Asphalt Material, be approved. The motion carried
by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-045 - RESOLUTION AWARDING BIDS ON PROJECT 2024-07STI
FREIGHT ON BOARD ASPHALT MATERIAL
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WHEREAS, the City of Brookings opened bids for Project 2024-07STI Freight On Board
Asphalt Material on Tuesday, April 30, 2024 at 1:30 pm at the Brookings City and
County Government Center; and
WHEREAS, the City of Brookings has received the following bid: Bowes Construction
Inc., in the amount of$89,160.00.
NOW, THEREFORE, BE IT RESOLVED that the total low bid of$89,160.00 for Bowes
Construction Inc., Brookings, SD be accepted.
Resolution 24-046. A motion was made by Council Member Wendell, seconded by
Council Member Specker, that Resolution 24-046, a Resolution Awarding Bids on
Project 2024-08STI Street Maintenance and Overlay Project, be approved. The motion
carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker,
Tilton Byrne, and Wendell.
RESOLUTION 24-046 - RESOLUTION ACCEPTING BIDS ON PROJECT 2024-08STI
STREET MAINTENANCE & OVERLAY PROJECT
WHEREAS, the City of Brookings opened bids for 2024-08STI Street Maintenance and
Overlay Project on Tuesday, April 30, 2024 at 1:30 pm at the Brookings City & County
Government Center; and
WHEREAS, the City of Brookings received the following bid for the 2024-OSTI Street
Maintenance and Overlay Project: Bowes Construction, Inc, in the amount of
$1,206,481.35.
WHEREAS, the low bid was approximately 17% lower than the Engineer's Estimate.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the low bid of$1,206,481.35 for Bowes Construction Inc., be accepted.
2. The City Manager is authorized to sign the contract documents for this project
and any further contract documents and change orders which may be required.
Ordinance 24-011. A motion was made by Council Member Specker, seconded by
Council Member Wendell, that Ordinance 24-011, Amendment No. 2 to the 2024
Budget, be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Ordinance 24-012. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Ordinance 24-012, Amendment No. 3 to the 2024 Budget,
be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Ordinance 24-013. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Ordinance 24-013, Amendment No. 4 to the 2024 Budget,
be approved. The motion carried by the following vote: Yes: 5 - Doran, Niemeyer,
Specker, Tilton Byrne, and Wendell; No: 2 -Avery, and Rasmussen.
Ordinance 24-014. A motion was made by Council Member Doran, seconded by
Council Member Specker, that Ordinance 24-014, Amendment No. 5 to the 2024
Budget, be approved. Public Comment: Adan Schwenk. 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 for the Brookings Volunteer Fire Association Street Dance to be held in the
300 Block of Main Avenue on July 20, 2024. A motion was made by Council Member
Specker, seconded by Council Member Wendell, 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.
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On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale
Malt License, for Jacks Entertainment, dba Bank Vault and Bank Saloon, located at 327
Main Avenue. A motion was made by Council Member Specker, seconded by Council
Member Doran, that the On-Off Sale Malt License be approved. The motion carried by
the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
Resolution 24-042. A public hearing was held on Resolution 24-042, a Resolution
authorizing the City Manager to enter into an On-Off Sale Wine Operating Agreement
for Jacks Entertainment, dba Bank Saloon and Bank Vault, Todd Voss and Bob Winter,
owners, 327 Main Avenue, Brookings, South Dakota. A motion was made by Council
Member Specker, seconded by Council Member Tilton Byrne, that Resolution 24-042
be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-042 - WINE OPERATING AGREEMENT—
NEW 10-YEAR AGREEMENT
JACKS ENTERTAINMENT, DBA BANK SALOON AND BANK VAULT
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Wine between the City of
Brookings and Todd Voss and Bob Winter, owners, Jacks Entertainment, dba Bank
Saloon and Bank Vault, 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 327 Main
Avenue. Legal description: East 121 feet of Lot 14, Block 3, Original Plat Addition, City
of Brookings, Brookings County, South Dakota.
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 10 years, with a 5-year
mid-term renewal.
Resolution 24-047. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-047, a Resolution establishing the fees for
the issuance of On-Sale Liquor and Full-Service Restaurant On-Sale Liquor Licenses
in the City of Brookings, be approved. The motion carried by the following vote: Yes: 7
-Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-047 -A RESOLUTION ESTABLISHING THE FEES FOR THE
ISSUANCE OF ON-SALE LIQUOR AND FULL-SERVICE RESTAURANT ON-SALE
LIQUOR LICENSES IN THE CITY OF BROOKINGS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, SDCL 35-4-2(4), 35-4-111, and 35-4-116 provides the minimum fee for the
initial issuance of on-sale alcoholic beverage liquor licenses at not less than one dollar
for each person in the municipality as measured by the last preceding Federal Census
(2020), and the City of Brookings' population is 23,377;
WHEREAS, SDCL 35-4-2(4), does not establish a maximum fee for the license
issuance, and accordingly the fee for the initial issuance of on-sale alcoholic beverage
liquor licenses for both Operating Agreements and Full-Service Restaurant On-Sale
Liquor Licenses may be set by the City Council provided the fee exceeds the minimum
fee; and
NOW, THEREFORE, BE IT RESOLVED that the fee for the issuance of On-Sale Liquor
Licenses and Full-Service Restaurant On-Sale Liquor Licenses in the City of Brookings
shall each be One Hundred Thousand Dollars ($100,000.00) per License.
Resolution 24-043. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-043, a Resolution Authorizing the City
Manager to Sign and Submit an Agreement for Funding from the Transportation
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Alternatives Grant Program for the Construction of Pedestrian Improvements on Medary
Avenue in the City of Brookings, be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-043 -A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SIGN AND SUBMIT AN AGREEMENT FOR FUNDING FROM THE
TRANSPORTATION ALTERNATIVES GRANT PROGRAM FOR THE
CONSTRUCTION OF PEDESTRIAN IMPROVEMENTS ON MEDARY AVENUE
WHEREAS, the City of Brookings, SD (the "City") desires financial assistance from the
South Dakota Department of Transportation-Transportation Alternatives Grant Program
for the purpose of constructing a shared use path along the east side of Medary
Avenue, speed tables, improved lighting, and improved line painting hereinafter
described as the "Project"; and
WHEREAS, the City hereby agrees to the maintenance and operation of the Project;
and
WHEREAS, the City hereby commits to the local match of not less than 20 percent
(20%), $134,400, of the project; and
WHEREAS, the City acknowledges its responsibility to.secure right-of-way or
easements for construction of the project as needed; and
WHEREAS, SDSU and the City have agreed to equally split the local match share and
allocate sufficient appropriations in their respective Fiscal Year budgets; and
WHEREAS, this resolution authorizes the City Manager to sign and submit the
Transportation Alternatives Grant Program agreement for funding for a grant of
$672,000 for the Project; and
WHEREAS, the City Manager will serve as the City's Official for the purpose of signing
grant agreements, contracts, correspondence, pay requests, and other required
documents in connection with a grant and this project.
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Brookings
is authorized to sign and submit the Grant Agreement for a grant of$672,000 for the
Project, and to sign agreements, contracts, correspondence, pay requests, and other
required documents for this project.
Resolution 24-044. A motion was made by Council Member Specker, seconded by
Council Member Wendell, that Resolution 24-044, a Resolution Authorizing the City
Manager to Sign and Submit an Agreement for State Department of Transportation
Funding for a Brookings Transportation Planning Study, be approved. The motion
carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker,
Tilton Byrne, and Wendell.
RESOLUTION 24-044 -A RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN AND SUBMIT AN AGREEMENT FOR DEPARTMENT OF TRANSPORTATION
FUNDING FOR A TRANSPORTATION PLANNING STUDY IN BROOKINGS
WHEREAS, the City of Brookings, SD (City) desires financial assistance from the South
Dakota Department of Transportation (SDDOT) for a Transportation Planning Study
hereinafter described as the "Project'; and
WHEREAS, the SDDOT has tentatively approved funding in the amount of$200,000 for
the Project, pending the execution of a grant agreement; and
WHEREAS, the City hereby commits to the local match of not less than 20 percent
(20%), $40,000, for the Project; and
WHEREAS, this Resolution authorizes the City Manager to sign and submit a grant
417
agreement with the SDDOT; and
WHEREAS, the City Manager will serve as the City's Official for the purpose of signing
grant agreements, contracts, correspondence, pay requests, and other required
documents in connection with a grant and this Project.
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Brookings
is authorized to sign and submit a grant agreement for the Project, and to sign
agreements, contracts, correspondence, pay requests, and other required documents
for this Project.
City Council Member Introduction of Topics for Future Discussion. Council
Member Wendell asked staff to provide an update on the clean-up of the Shady Acres
property at a future City Council Meeting. Council Member Specker requested
information on alcohol license renewals and compliance check failures prior to Council
Action on Malt Renewals scheduled for May 28th Council Meeting.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Doran, to enter into Executive Session at 7:36 p.m., pursuant to SDCL
1-25-2.3, for the purpose of consulting with legal counsel or reviewing communications
from legal counsel about proposed or pending litigation or contractual matters, and
SDCL 1-25-2.5, for the purpose of discussing marketing or pricing strategies by a
board or commission of a business owned by the state or any of its political
subdivisions, when public discussion may be harmful to the competitive position
of the business. The motion carried by a unanimous vote. A motion was made by
Council Member Wendell, seconded by Council Member Tilton Byrne, to exit Executive
Session at 8:18 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 8:19 p.m. The mo 'on carried by a
unanimous vote.
CITY O N S, SD
ATTEST: Oep G. Niemeyer, Ma r
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,Fraser, City Clerk