HomeMy WebLinkAbout2024_06_11 CC Minutes 424
BROOKINGS CITY COUNCIL
JUNE 11, 2024
The Brookings City Council held a meeting on Tuesday, June 11, 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. City Manager Paul Briseno, City Attorney Steve Britzman and City Clerk
Bonnie Foster were also present.
Agenda. A motion was made by Council Member Wendell, seconded by Council
Member Doran, that the agenda be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Study Session: Brookings Child Care Collaborative. Tim Reed, Brookings
Economic Development Corporation Executive Director/ Chief Executive Officer, Dr.
Summer Schultz, Brookings School District Superintendent, and Amber Kollers,
Executive Director of the Brookings Boys & Girls Club presented information on the
Brookings Child Care Collaborative to the City Council.
Regular Meeting
Open Forum. Dean Bartels expressed concerns over pine trees on their property they
were informed would have to be removed to increase visibility for pedestrians and
bicyclists. City Manager Briseno encouraged them to continue to work with City staff to
find a solution.
Consent Agenda. A motion was made by Council Member Doran, seconded by
Council Member Tilton Byrne, to remove Item #6.E. Deputy Mayor Appointment from
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 motion was made by Mayor Niemeyer, seconded by Council Member Rasmussen,
that Item #6.F. Action on Temporary Alcohol / Special Event Licenses for existing
alcohol license holders with events held on publicly owned property, be amended to
include dates for the SD Art Museum Performance Series. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
A motion was made by Council Member Specker, seconded by Council Member Doran,
to approve the Consent Agenda, as amended. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
A. Action to approve the May 28 and May 31, 2024 City Council Minutes.
B. Action on Resolution 24-057, a Resolution authorizing the City Manager to
sign an On-Sale Wine Operating Agreement renewal for Commonwealth Gaming,
Deuces Casino, Suite C, Bryant Solberg and Kirby Muilenburg, owners, 223 6tn
Street, Brookings, South Dakota.
RESOLUTION 24-057 - ON-SALE WINE OPERATING AGREEMENT— 5-YEAR MID-
TERM RENEWAL: COMMONWEALTH GAMING, DBA DEUCES CASINO, STE 105C
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 Wine between the City of Brookings and Commonwealth Gaming, dba
Deuces Casino, Suite 105C, Bryant Soberg and Kirby Muilenburg, owners, 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 223 6th Street, Suite 105C. Legal description:
South 114' of West 69.3' of Lot 20, and south 114' of Lot 21, Block 3, Henry Addition,
Suite 105C.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement renewal on behalf of the City, which shall be for
the remaining 5 years of the 10-year Agreement.
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C. Action on Resolution 24-032, a Resolution authorizing the City Manager to
sign an On-Sale Liquor Operating Agreement renewal for Pints & Quarts, Kevin
Raab, owner, 313 Main Avenue, Brookings, South Dakota.
RESOLUTION 24-032 - ON-SALE LIQUOR OPERATING AGREEMENT— 5-YEAR
MID-TERM RENEWAL: PINTS & QUARTS
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 On-Sale Liquor between the City of Brookings and Kevin Raab, owner,
Pints & Quarts, 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 313 Main
Avenue. Legal description: Lot 7, Block 3, Original Plat Addition.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement renewal on behalf of the City, which shall be for
the remaining 5 years of the 10-year Agreement.
D. Action on Resolution 24-018, a Resolution authorizing the City Manager to
sign an On-Sale Liquor Operating Agreement renewal for Jacks Hospitality, dba
Bank Saloon and Vault, Todd Voss and Bob Winter, owners, 327 Main Avenue,
Brookings, South Dakota.
RESOLUTION 24-018 - ON-SALE LIQUOR OPERATING AGREEMENT— 5-YEAR
MID-TERM RENEWAL: JACK'S HOSPITALITY, DBA THE BANK SALOON AND
VAULT
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 Todd Voss and Bob Winter,
owners, Jack's Hospitality, dba The Bank Saloon and 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' of Lot 14, Block
3, Original Plat Addition.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute the Agreement renewal on behalf of the City, which shall be for
the remaining 5 years of the 10-year Agreement.
F. Action on Temporary Alcohol / Special Event Licenses for existing alcohol
license holders with events held on publicly owned property: Sodexo Catering
(License Holder RB-28249 and RW-28251): Dana J Dykhouse Stadium: SDSU 24-
TL038: SD Art Museum: SDSU 24-TL039, SDSU TL24-041, SDSU TL24-042, SDSU
TL24-043.
G. Action on Resolution 24-055, a Resolution Authorizing the City Manager of
the City of Brookings, South Dakota, to sign the South Dakota Department
of Public Safety Wildland Cooperative Fire Agreement.
RESOLUTION 24-055 - RESOLUTION AUTHORIZING THE CITY MANAGER OF THE
CITY OF BROOKINGS, SOUTH DAKOTA, TO SIGN THE SOUTH DAKOTA
DEPARTMENT OF PUBLIC SAFETY WILDLAND COOPERATIVE FIRE
AGREEMENT
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the
"City"), as follows:
The City Manager of the City of Brookings is hereby authorized to sign the Wildland
Cooperative Fire Agreement between the State of South Dakota, by and through the
South Dakota Department of Public Safety and the City of Brookings, South Dakota,
and
This Resolution shall constitute Proof of Authority of the City Manager of the City
Brookings to sign the above-described Agreement on behalf of the City of Brookings,
South Dakota.
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Proclamation. Mayor Niemeyer presented a Proclamation recognizing June 2024 as
Lesbian, Gay, Bisexual, Transgender, Queer, and Two Spirit Pride Month. Cole Sartell
and Lawrence Novotny received the Proclamation on behalf of Brookings Pride.
MAYORAL PROCLAMATION
WHEREAS, June is celebrated as Lesbian, Gay, Bisexual, Transgender, Queer, and
Two Spirit (LGBTQ2S+) Pride Month across the USA; and
WHEREAS, Pride Month celebrates everyone's right to live without fear of prejudice
based on sexual orientation or gender identity; and
WHEREAS, the LGBTQ2S+ community includes our neighbors, friends, and family
members; and
WHEREAS, the City of Brookings vision is to be a welcoming and inclusive community
where all can bring your dreams; and
WHEREAS, the City of Brookings has received a perfect score of 100 on the Human
Rights Campaign Municipal Equality Index, the largest LGBTQ2S+ civil rights
organization in the U.S. for six years in a row; and
WHEREAS, these entities in Brookings have been working tirelessly for LGBTQ2S+
awareness and equality: Human Rights Commission, Brookings PFLAG, Brookings
Public Library, Brookings Arts Council, and Brookings Pride; and
WHEREAS, the Brookings community will be celebrating Pride on June 22 at Pioneer
Park.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim June 2024 as LGBTQ2S+ PRIDE Month.
Report: Ex-Officio Reports. A Brookings Health Systems Board of Trustees report
was not given. A Brookings Municipal Utility Board was given by Council Member
Avery.
Consent Agenda Item E —Action to appoint the Deputy Mayor. A motion was made
by Mayor Niemeyer, seconded by Council Member Tilton Byrne, to approve Council
Member Nick Wendell as Deputy Mayor (term expires June 1, 2025). The motion
carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker,
Tilton Byrne; Abstain: 1 - Wendell.
Resolution 24-059. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-059, a Resolution Approving Transfer of
Real Property to the Brookings Economic Development Corporation for Economic
Development Purposes, be approved. The motion carried by the following vote: Yes: 7
-Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-059 - RESOLUTION APPROVING TRANSFER OF REAL
PROPERTY TO THE 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, the Brookings Economic Development Corporation previously executed a
Real Estate Purchase Agreement with Ryan Companies US, Inc., for the sale and
purchase of approximately 18.53 acres of real property within the real property
described as follows:
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Block Nine (9) of Wiese Addition in the Southwest Quarter of the
Southeast Quarter (SW%SE'/) of Section Nineteen (19), Township One
Hundred Ten (110) North, Range Forty-nine (49) West of the 5t" P.M., City
of Brookings, County of Brookings, State of South Dakota, and
WHEREAS, the City of Brookings has been informed by Ryan Companies US, Inc., that
in addition to the 10 acres it had earlier agreed to purchase, that it would exercise its
Option to acquire the remaining 8.53 acres, more or less, pursuant to its Real Property
Purchase Agreement with the City; and
WHEREAS, the proposed purchase price for the additional property to be conveyed
remains at $1.40 per square foot. The purpose of the acquisition remains the same: for
commercial development of the above-described property by Ryan Companies US, Inc.,
a Minnesota Corporation experienced in commercial development of property and by its
Transferees; and
WHEREAS, the City of Brookings reaffirms that the proposed commercial development
by Ryan Companies US, Inc., and its Transferees will provide economic growth and
economic development as a result of retail and other commercial businesses locating
within the above-described property as tenants and transferees of Ryan Companies US,
Inc.; and
WHEREAS, pursuant to the Option and other terms set forth in its Real Estate Purchase
Agreement with Ryan Companies US, Inc., the City agrees to convey the above-
described additional 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 to further the economic
growth of the City of Brookings;
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
approximately Eighteen and 53/100 (18.53) acres, more or less 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.
Tax Increment District#8 Developer Agreement Amendment. A motion was made
by Council Member Tilton Byrne, seconded by Council Member Avery, that an
Amendment to Tax Increment District#8 Developer Agreement, be approved. Public
Comment: Keith Rounds. The motion carried by the following vote: Yes: 7 -Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Temporary Special Event Alcoholic Beverage Application. A public hearing was
held on a Temporary Alcoholic Beverage Special Event Application from Wooden Legs
Brewing Co. to operate within the City of Brookings, South Dakota for a Comedy at the
Park on July 25th at Pioneer Park, 104 6th Street West. A motion was made by Council
Member Wendell, seconded by Council Member Rasmussen, that the Temporary
Alcoholic Beverage 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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Ordinance 24-018. A public hearing was held on Ordinance 24-018, an Ordinance to
permit by Conditional Use an apartment on the East 100-feet of Outlot F, the North 100-
feet of Lots 6 & 7, and all of Outlot E in Block 5 of Parkdale Home Addition, City of
Brookings, Brookings County, State of South Dakota, also known as 124 and 130
9th Street. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that Ordinance 24-018 be approved. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
Ordinance 24-019. A public hearing was held on Ordinance 24-019, an Ordinance to
permit by Conditional Use a Telecommunications Tower on Lots 11 and 12 in Block 1 of
Hillcrest Addition, also known as 1461 6th Street. A motion was made by Council
Member Specker, seconded by Council Member Tilton Byrne, that Ordinance 24-019 be
approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Commercial Corridor Design Review Overlay District Site Plan. A public hearing
was held on a Commercial Corridor Design Review Overlay District Site Plan for Lots 1-
8, Block 4, Hill Park Addition. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Specker, that the Commercial Corridor Design Review
Overlay District Site Plan be approved. Public Comment: Jay Larsen, Michael
McClemans, and Hermola Aboye with DesignArc. The motion carried by the following
vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Ordinance 24-017. A public hearing was held on Ordinance 24-017, an Ordinance to
Rezone 615, 618, 622, 626 and 628 Campanile Avenue and 1310 7th Street from
Residence R-2 Two-Family District to Planned Development District with Residence R-3
Apartment underlying district. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Doran, that Ordinance 24-017 be approved. Public
Comment: Michael McClemans, Jay Larsen, and Robert Fury. The motion carried by
the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
Initial Development Plan. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Specker, that an Initial Development Plan for Campanile
Flats, be approved. Public Comment: Shawn Storhaug, Jay Larsen, and Robert Fury.
The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell
Resolution 24-056. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 24-056, a Resolution Authorizing the
Licensing of Genesis Farms, LLC, as a Medical Cannabis Dispensary in the City of
Brookings, be approved. Public Comment: Emmett Reistroffer with Genesis Farms.
The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-056 -A RESOLUTION AUTHORIZING THE LICENSING OF
GENESIS FARMS LLC AS A MEDICAL CANNABIS DISPENSARY IN THE CITY OF
BROOKINGS
WHEREAS, The Genesis Farms LLC, submitted an Application and Application Fee for
a Medical Cannabis Dispensary License to the City of Brookings; and
WHEREAS, the City of Brookings has reviewed Genesis Farms LLC Medical Cannabis
Dispensary License Application, and has determined the Application satisfies the
requirements of Ordinance 21-028, an Ordinance establishing procedures for the
Licensing of Medical Cannabis Establishments in the City.
NOW, THEREFORE, BE IT RESOLVED as follows:
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(1) That a City of Brookings Medical Cannabis Dispensary License be issued to
Genesis Farms LLC, subject to an inspection by the City of Brookings prior to
Genesis Farms LLC, commencing operations; and
(2) That an inspection of Genesis Farms LLC facilities and review of their operational
plans be completed by the City Manager or his authorized representative(s)
following completion of their facility and prior to operation, with operation
contingent upon satisfactory inspection results; and
(3) That a City of Brookings Medical Cannabis Program Licensing Certification and a
South Dakota Medical Cannabis Program Local Government Compliance
Certification be issued by the City Clerk; and
(4) That the South Dakota Department of Health be furnished all documents
pertaining to Genesis Farms LLC Application and City of Brookings Medical
Cannabis Dispensary License.
Resolution 24-054. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 24-054, a Resolution Authorizing the City
Manager of the City of Brookings, South Dakota to sign the Agreement to Dissolve the
Brookings Regional Railroad Safety Authority, be approved. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
RESOLUTION 24-054 - RESOLUTION AUTHORIZING THE CITY MANAGER OF THE
CITY OF BROOKINGS, SOUTH DAKOTA TO SIGN THE AGREEMENT TO
DISSOLVE THE BROOKINGS REGIONAL RAILROAD SAFETY AUTHORITY
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the
"City"), as follows:
The City Manager of the City of Brookings is hereby authorized to sign the Agreement
to Dissolve the Brookings Regional Railroad Safety Authority, and
This Resolution shall constitute Proof of Authority of the City Manager of the City
Brookings to sign the above-described Agreement on behalf of the City of Brookings,
South Dakota. Furthermore, this Resolution does not affect the Brookings County
Regional Railroad Authority, a separate entity, which will continue.
Resolution 24-058. A motion was made by Council Member Specker, seconded by
Council Member Doran, that Resolution 24-058, a Resolution Authorizing the City of
Brookings to join the Brookings County Regional Railroad Authority, be approved. The
motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen,
Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-058 -A RESOLUTION AUTHORIZING THE CITY OF BROOKINGS
TO JOIN THE BROOKINGS COUNTY REGIONAL RAILROAD AUTHORITY
BE IT RESOLVED, that the City of Brookings, South Dakota, hereby joins the
Brookings County Regional Railroad Authority pursuant to an Agreement establishing
the Brookings County Regional Railroad Authority, all as authorized by the provisions
of SDCL Chapter 49-17A, as amended; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and
directed to execute the Agreement referred to above and any and all other necessary
documents to join the Brookings County Regional Railroad Authority;
BE IT FURTHER RESOLVED, that the City Manager or their designee is hereby
designated as the official representative of the City of Brookings to the Brookings
County Regional Railroad Authority.
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City Council Member Introduction of Topics for Future Discussion. Council
Member Avery requested the Sustainability Council re-evaluate the validity of"No Mow
May" and bring alternative suggestions, such as increasing native planting efforts, for
future City Council consideration. Council Member Specker added the consideration of
pollinator plants.
A motion was made by Council Member Doran, seconded by Council Member Wendell,
to request a sustainable financial / business plan for the Brookings Child Care
Collaborative be presented before the City Council votes on allocation of funds. The
motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen,
Specker, Tilton Byrne, and Wendell.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 7:41 p.m. The motion carried by a
unanimous vote.
CITVO�q7RPO S, SD
ATTEST:
Oepke . Niemeyer, May r
Fri ter, City Clerk