HomeMy WebLinkAbout2024_12_10 CC PKTCity 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, December 10, 2024
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.
Action to approve City Council meeting minutes.ID 24-05935.A.
Page 1 City of Brookings
December 10, 2024City Council Meeting Agenda - Final
11/26/2024 CC MinutesAttachments:
Action on Resolution 24-110, a Resolution declaring surplus property for
the City of Brookings.
RES 24-1105.B.
Memo
Resolution
Attachments:
Action on Resolution 24-105, a Resolution Awarding the Bid for Brookings
Regional Landfill Hay Land Lease.
RES 24-1055.C.
Memo
Resolution
Map
Attachments:
Action on Resolution 24-106, a Resolution Awarding the Bid for Brookings
Regional Landfill Leachate Hauling.
RES 24-1065.D.
Memo
Resolution
Attachments:
6. Presentations/Reports:
Report: SDSU Student Association.ID 24-05786.A.
Reports: City Council Ex-Officio ReportsID 24-05946.B.
7. Contracts/Change Orders:
Action to approve a Development Agreement with Solventum.ID 24-06027.A.
Memo
Development Agreement
Attachments:
Action: Motion, Request Public Comment, Roll Call
8. Ordinance First Readings: NONE
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.
9. Public Hearings and Second Readings:
Public Hearing and Action on a Special Event / Temporary Alcoholic
Beverage Application from St. Thomas More Catholic School, to operate
within the City of Brookings, South Dakota, on February 1, 2025, for a
Winter Gala and Grand Auction to be held at 1700 8th Street South.
ID 24-05759.A.
Page 2 City of Brookings
December 10, 2024City Council Meeting Agenda - Final
Memo
Legal Notice
SDCL Reference
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
Public Hearing and Action on Resolution 24-112, a Resolution Authorizing
Naming the Street within Pioneer Park in the City of Brookings.
RES 24-1129.B.
Memo
Resolution
Legal Notice
Nomination Form
Location Map
Attachments:
Action: Motion, Open & Close Public Hearing, Roll Call
10. Other Business:
ITEM FOR RECONSIDERATION: Action on Annual On-Sale Convention
Liquor License Renewal for Park Hospitality (LaCantina Restaurant), which
failed an alcoholic beverage compliance check within the past 12 months.
ID 24-060010.A.
Memo
City Policy - Council Reconsideration Action
Attachments:
Action: Motion to Reconsider, Request Public Comment, Roll Call
Action: Motion on the License Renewal, Request Public Comment, Roll Call
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. 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), or 2) participate remotely. 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 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Page 3 City of Brookings
December 10, 2024City Council Meeting Agenda - Final
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 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0593,Version:1
Action to approve City Council meeting minutes.
Attachments:
11/26/2024 City Council Minutes
City of Brookings Printed on 12/12/2024Page 1 of 1
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BROOKINGS CITY COUNCIL
NOVEMBER 26, 2024 (unapproved)
The Brookings City Council held a meeting on Tuesday, November 26, 2024 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: 6 - Avery, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell;
Absent: 1 - Doran.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Avery, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell; Absent: 1 - Doran.
A. Action to approve the November 12 and November 19, 2024 City Council
Minutes.
B. Action on annual renewals for Medical Cannabis Establishment Licenses for
2025: Silver Creek Trading Co., dba Cannabis Connection, 1304 6th Street; The Flower
Shop, 1004 6th Street; and Genesis Farms, 2035 Orchard Drive, #5.
C. Action on annual Liquor and Wine Alcohol License Renewals for 2025: Liquor
(On-Sale): Main Street Pub, 408 Main Avenue. Wine (On-Off Sale): Cenex Zip Trip #63
/ CHS, Inc., 1005 6th Street; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Drive; Circle
K / Holiday Station Stores, LLC, I-29 & Highway 14 By-pass (INACTIVE); Guadalajara,
1715 6th Street, Suite F; and Wooden Legs Brewing Co., 309 5th Street, Suite 100.
D. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders. Sodexo Catering (License Holder RB-28249
and RW -28251): SDSU TL24-083, and SDSU TL25-011.
Pinning Ceremony: Brookings Police Department. Brookings Police Department
Pinning Ceremony. New Brookings Police Department Officers Remi Master and Lisa
Walterman took their Oath of Office, and were pinned as members of the Brookings
Police Department by Police Chief Michael Drake.
Proclamation. Mayor Niemeyer presented a Proclamation designating Saturday,
November 30th as Small Business Saturday. Kelsey Doom, Chamber Director, and
Kirsten Gjesdal, Downtown Brookings Director, received the proclamation.
MAYORAL PROCLAMATION
WHEREAS, the City of Brookings celebrates our local small businesses and the
contributions they make to our local economy and community; and
WHEREAS, 68 cents of every dollar spent at a small business stays in the local
community and every dollar spent at small businesses creates an additional 48 cents in
local business activity as a result of employees and local businesses purchasing local
goods and services; and
WHEREAS, small businesses represent 99.7% of firms with paid employees, are
responsible for 61.1% of net new jobs created since 1995, and employ 45.9% of the
employees in the private sector in the United States; and
WHEREAS, the Saturday after Thanksgiving is Small Business Saturday in
communities across the country; and
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim Saturday, November 30, 2024 as SMALL BUSINESS
SATURDAY and urge residents shop and dine locally throughout the year.
Report: 2024 Year-to-Date Financial Report. Ashley Rentsch, Finance Director,
presented the City's 2024 Year-to-Date Financial Report.
(Council Member Doran arrived 6:13 p.m.)
Police Union Agreement. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Wendell, that the 2025-2027 Teamster Local Union No.
120 Police Union Agreement, be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell .
City General Union Agreement. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Doran, that the 2025-2027 Teamster Local Union No.
120 City General Union Agreement, be approved. The motion carried by the following
vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Resolution 24-109. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that Resolution 24-109, a Resolution authorizing Change
Order No. 1 for Project 2024-08STI Street Maintenance and Overlay Project: Bowes
Construction, be approved. The motion carried by the following vote: Yes: 7 - Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-109 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
STREET MAINTENANCE AND OVERLAY PROJECT
WHEREAS, the City of Brookings opened bids for the 2024-08STI Street Maintenance
and Overlay project Tuesday, April 30, 2024 at 1:30 pm at the Brookings City and
County Government Center; and
WHEREAS, the City of Brookings awarded Bowes Construction the contract for the
2024-08STI Street Maintenance and Overlay project for their low bid of $1,206,481.35
at the May 7, 2024 City Council Meeting; and
WHEREAS, during the project additional work was needed due to unforeseen
subsurface conditions in 7th Street, as well as the addition of 14th Avenue between 3rd
and 4th Street due to pavement failure that was deemed imminent; and
WHEREAS, the contract with Bowes Construction needs to be amended to account for
the additional work.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Change Order 1 totaling $127,664.57 for additional work be approved; and
2. The City Manager or his designee is authorized to sign the change order.
Commercial Corridor Design Review Overlay District. A public hearing was held on
a Commercial Corridor Design Review Overlay District Site Plan for Lot 1 in Block 1 of
Moriarty Edgebrook Second Addition. A motion was made by Council Member Wendell,
seconded by Council Member Doran, that the Commercial Corridor Design Review
Overlay District Site Plan be approved. Public Comment: Jim Gepner, Circle K
Development Manager. The motion carried by the following vote: Yes: 7 - Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
TABLED ITEM: On-Sale Convention Liquor License Renewal for Park Hospitality.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Doran, that TABLED ITEM: Public Hearing and Action on Annual On -Sale Convention
Liquor License Renewal for Park Hospitality (LaCantina Restaurant), which failed an
alcoholic beverage compliance check within the past 12 months, be removed from the
table. 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 Tilton Byrne, seconded by Counc il Member
Doran, that the Annual On-Sale Convention Liquor License Renewal for Park Hospitality
(LaCantina Restaurant), which failed an alcoholic beverage compliance check within the
past 12 months, be approved. Public Comment: Ray Aranda, LaCantina Mana ger.
The motion failed by the following vote: Yes: 1 - Niemeyer; No: 6 - Avery, Doran,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 24-108. A motion was made by Council Member Specker, seconded by
Council Member Tilton Byrne, that Resolution 24-108, a Resolution transferring funds
between City Departments, be approved. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-108 - A RESOLUTION TRANSFERRING FUNDS
BETWEEN CITY DEPARTMENTS
WHEREAS, the City of Brookings hereby transfers City Manager’s contingency funds to
fund unplanned operational obligations of the municipality. This resolution is for the
purpose of completing a transfer of contingency funds to the following accounts:
421 Police Department
101-421-5-101-00 Regular Pay $ 37,000
442 Community Service
101-442-5-101-00 Regular Pay $ 45,000
101-442-5-101-01 Temporary Pay $ 57,000
452 Parks
101-452-5-101-00 Regular Pay $ 25,000
213 Capital Improvement/2nd Penny Sales Tax Fund
213-000-5-940-00 Other Capital $ 21,000
Total Transfers $185,000
The Financing Source for this transfer is from the following accounts:
101-405-5-121-11 Payout Contingency $ 62,000
101-418-5-101-00 Regular Pay (Community Development) $ 45,000
101-421-5-101-00 Regular Pay (Police Department) $ 57,000
213-000-5-911-00 Buildings Sinking Fund $ 21,000
Total Source of Funding $185,000
WHEREAS, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
Resolution 24-107. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 24-107, a Resolution Declaring Jurisdictional
Change of a portion of 34th Avenue and 30th Street, be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-107 - A RESOLUTION DECLARING JURISDICTIONAL CHANGE
OF A PORTION OF 34TH AVENUE AND 30TH STREET (THE LANDFILL ROAD)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the
"City"), as follows:
WHEREAS, in 1991 the City of Brookings agreed by Resolution 44-91 to construct a
suitable access road within the County of Brookings to the new City Landfill, and to
maintain the newly constructed road; and
WHEREAS, in 2019, the Department of Transportation, pursuant to Executive Order
2019-1 removed the aforementioned road from the County of Brookings Primary
Highway System; and
WHEREAS, a portion of 34th Avenue and 30th Street is currently under the jurisdictional
control of the County of Brookings; and
WHEREAS, the County of Brookings has adopte d a resolution requesting the
jurisdictional transfer of a portion of 34th Avenue from the intersection of US Highway 14
Bypass north to the intersection of 30th Street, (consisting of approximately one mile),
and 30th Street from the intersection of 34th Avenue east to the intersection of 46th
Avenue, (consisting of approximately 0.96 miles); and
WHEREAS, the purpose of this resolution is to accept the jurisdictional control by the
City of Brookings for the portions of 34th Avenue and 30th Street described above; and
WHEREAS, SDCL §31-17-17 allows for assignment of responsibility for boundary line
highways between municipalities and board of county commissioners. In addition,
SDCL §9-45-1 authorizes a municipality to construct, maintain and repair roads within
its jurisdiction.
NOW, THEREFORE, BE IT RESOLVED, the City of Brookings hereby accepts
responsibility for the portion of highway described herein pursuant to applicable law,
thereby including the above-described highway within the jurisdiction of the City of
Brookings; and
The City of Brookings hereby reconfirms its commitment to maintaining the
aforementioned portion of 34th Avenue and 30th Street, inclusive of crack sealing,
pothole repair, snow removal, chip sealing, Right-of-Way ditch maintenance, street
signage, and street markings; and
The City of Brookings further agrees to assume responsibility for the issuance of
driveway approach permits and Right-of-Way drainage permits along the
aforementioned portion of 34th Avenue and 30th Street.
Progress Report. Samantha Beckman, Assistant to the City Manager, provided a
progress report highlighting the City’s activities and projects.
City Council Member Introduction of Topics for Future Discussion.
Council Member Specker requested an update on the City's Emerald Ash Borer at
a future City Council Meeting.
A motion was made by Council Member Wendell, seconded by Council Member
Tilton Byrne, to create an investigatory group to explore merging the Brookings
Area Chamber of Commerce, Brookings Economic Development Corporation
(BEDC), Downtown Brookings, and Visit Brookings. This committee would be
made up of 3 City Council members and representatives from the 4 agencies.
The goal of the committee is to develop and implementation plan of the merger
which would be presented to the City Council by April 2025. 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 Specker, that this meeting be adjourned at 6:59 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 24-110,Version:1
Action on Resolution 24-110, a Resolution declaring surplus property for the City of Brookings.
Summary and Recommended Action:
Staff recommends approval of this resolution declaring surplus property.
Attachments:
Memo
Resolution
City of Brookings Printed on 12/12/2024Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 10, 2024
Subject: Resolution 24-110: declaring surplus property
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of this resolution declaring surplus property.
Item Details:
According to State Statute Chapter 6-13, the governing body of the City of Brookings
allows the following property, to be declared as surplus property:
Police Department: surplus bicycles
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Financial Consideration:
Revenues generated from the sale of surplus property, will be placed in the City’s
General Fund.
Supporting Documentation:
Resolution
RESOLUTION 24-110
DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Police Department: (Bikes) Next Break Point, Serial #39060588, Tag #1080, Red &
Silver; Shimano Tourney, Tag#1017, Green & White; Huffy Alpine, Serial
#AL13B027446, Tag #4039, Purple; Magna Zanzibar, Serial #95TD144599, Tag #4020,
Pink: Huffy Shimano, Serial #057141, Tag #65, Blue & Black; Team Dual Tracker, Tag
#0075, Red & Black; Genesis V2100, Serial #BAOYI, Tag #1035, Black & Yellow; Gary
Fischer Shimano, Serial #00TD201990, Tag #0030, Black & Green; Next ES Extreme,
Serial #00TD201990, Tag #0020, Black & Red; Mongoose Rebel, Serial
#SNFSD23L16940, Tag #2094, Black; Roadmaster Ridgeline, Serial #211060684, Tag
#3062, Blue & Yellow; Kent 20, Serial #23U2U62232, Tag #3053, Black; Kent Chaos,
Serial #62302036045, Tag #3107, Black & Green; Murray Ultra Terrain, Tag #3064,
Gray; Roadmaster Kent 700, Serial #GS52714WMA, Tag #3048, Black & Green;
Schwinn High Timber, Serial # SNIDC060106, Tag #3046, Silver & Blue; Genesis GX7,
Serial #GS120601, Tag #3804, Silver & Red; MGX Denali, Serial #L1212033011, Tag
#3076, Red & Black; Mongoose Rebel, Serial #R1016WMDS, Tag #3078, Black &
Silver; Mongoose Shimmano, Serial #SNFSD08D099, Tag #3090, Red & Black;
Hiawatha, Tag #3085, Maroon & Brown; Huffy Rock Creek, Serial # SNHBT23E, Tag
#3114, Blue & White; Schwinn Ranger, Serial #3740094570-0, Tag #3050, Blue &
Purple; Huffy Rock Creek, Serial #SNHBT23E13, Tag #3075, Black & White; Hyper
Urban, Serial #TJ18EO11197, Tag #3071, Gray & Black; Roller, Tag #3016, Black;
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.
Passed and Approved this 10th day of December, 2024.
CITY OF BROOKINGS, SD
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
___________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 24-105,Version:1
Action on Resolution 24-105, a Resolution Awarding the Bid for Brookings Regional Landfill Hay
Land Lease.
Summary and Recommend Action:
Staff recommends approval of the proposed resolution awarding the bid for the Hay Land Lease at
the Brookings Regional Landfill to Joshua Berndt for the high bid of $120 per acre.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 12/12/2024Page 1 of 1
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City Council Agenda Item Memo
From: John R. Thompson, Public Works Director
Council Meeting: December 10, 2024
Subject: Resolution 24-105: Hay Land Lease Bid Award
Presenter: Charlie Kuhn, Solid Waste Manager
Summary and Recommended Action:
Staff recommends approval of the proposed resolution awarding the bid for the Hay
Land Lease at the Brookings Regional Landfill to Joshua Berndt for the high bid of $120
per acre.
Item Details:
The Brookings Regional Landfill owns 310 acres of land at 4101 30th Street. There is a
total of 26 acres leased out as hay land.
The City held a bid letting on Tuesday, November 12, 2024 at 1:30 p.m. and received
the following bids: Joshua Berndt $120/acre.
Joshua Berndt was the sole bidder for this lease. Mr. Berndt is the current lease holder
for this land and has complied with the current lease contract which expires December
31, 2024. Mr. Berndt’s current bid of $120 per acre is $25 per acre more than the
current lease. The new lease will be for one (1) year, expiring December 31, 2025, with
the option for 2 additional 1-year options.
Legal Consideration:
The City Attorney has reviewed the proposed lease agreement.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
If approved, the proposed lease will generate $3,120 per year of revenue for fund 625
Landfill, account 625-000-4-848-12.
Supporting Documentation:
Resolution
Map
RESOLUTION 24-105
RESOLUTION AWARDING BID FOR BROOKINGS REGIONAL LANDFILL
HAY LAND LEASE
WHEREAS, the City of Brookings opened bids for the Landfill Leachate Hauling on
Tuesday, November 12, 2024 at 1:30 pm at the Brookings City & County Government
Center; and
WHEREAS, the City of Brookings received the following high bid for the Hay Land
Lease: Joshua Berndt in the amount of $120 per acre for 26 acres of hay land; and
WHEREAS, the Brookings Regional Landfill will generate $3,120 of revenue per year
for the duration of lease.
NOW, THEREFORE, BE IT RESOLVED that the high bid of $120/acre from Joshua
Berndt be accepted; and
The City Manager or his designee is authorized to execute any associated
agreement(s) to secure these services.
Passed and Approved this 10th day of December, 2024.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
Solid Waste / Landfill – acres for potential rent
Approximate acres: 26.23
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 24-106,Version:1
Action on Resolution 24-106, a Resolution Awarding the Bid for Brookings Regional Landfill Leachate
Hauling.
Summary and Recommended Action:
Staff recommends approval of this resolution awarding the bid for Landfill Leachate Hauling to Liberty
Septic Inc., for the low bid of $0.085 per gallon.
Attachments:
Memo
Resolution
City of Brookings Printed on 12/12/2024Page 1 of 1
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City Council Agenda Item Memo
From: Charlie Kuhn, Solid Waste Manager
Council Meeting: December 10, 2024
Subject: Resolution 24-106: Leachate Hauling Bid Award
Presenter: John Thompson, Public Works Director
Summary and Recommended Action:
Staff recommends approval of this resolution awarding the bid for Brookings Regional
Landfill Leachate Hauling to Liberty Septic Inc., for the low bid of $0.085 per gallon.
Item Details:
The Brookings Regional Landfill produces thousands of gallons of leachate each year.
Leachate must be appropriately handled to ensure it does not migrate through the clay
liner and into groundwater. Leachate is created when water percolates through the
landfilled solid waste. Per solid waste regulations, the landfill can recirculate the
leachate by spraying it back on top of a landfill cell or permanently dispose of it by
hauling or pumping it to a local wastewater treatment plant. Since the landfill has
recirculated the leachate for several years and only hauled a small percentage away for
permanent disposal, the volume of leachate at the landfill is now sufficient enough to
dispose of it permanently.
In 2023 the leachate transport and disposal was contracted with Liberty Septic Inc. at a
cost of $0.065 per gallon. In 2024 the leachate transport and disposal was contracted
with Endurance Environment, LLC at cost of $0.045 per gallon.
The City held a bid letting on Tuesday, November 19th, 2024 at 1:30 p.m. and received
the following bids: Liberty Septic Inc. in the amount of $0.085 per gallon.
Liberty Septic Inc. is the sole bidder based in Tyler, MN. It currently has sufficient
transportation equipment and business in and around the Brookings area to fulfill the
needs of this service. Sufficient appropriations exist in the 2025 adopted budget to
satisify the anticipated needs for this service during the calendar year. If approved, this
contract will expire December 31, 2025.
Proper landfill leachate management supports the Strategic Plan initiatives of fiscal
responsibility and sustainability. The permanent disposal of leachate helps mitigate
potential groundwater contamination and future corrective action costs.
Legal Consideration:
The City Attorney will review and the City Manager or his designee will approve any
agreements for this competitively bid service.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional custome r service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
There is no General Fund cost associated with the bid award. Sufficient appropriations
exist in the adopted 2025 Fiscal Year budget under Org. 625 – Solid Waste Disposal,
Account 625-000-5-422-07 - Contracting Services.
Supporting Documentation:
Memo
Resolution
RESOLUTION 24-106
RESOLUTION AWARDING BID FOR BROOKINGS REGIONAL LANDFILL
LEACHATE HAULING
WHEREAS, the City of Brookings opened bids for the Landfill Leachate Hauling on
Tuesday, November 19, 2024 at 1:30 pm at the Brookings City & County Government
Center; and
WHEREAS, the City of Brookings received the following low bid for the Landfill
Leachate Hauling: Liberty Septic Inc., in the amount of $0.085 per gallon; and
WHEREAS, the Brookings Regional Landfill has appropriations of $99,000 in the 2025
adopted budget for the hauling of Landfill Leachate.
NOW, THEREFORE, BE IT RESOLVED that the low bid of $0.085 per gallon from
Liberty Septic Inc. be accepted; and
The City Manager or his designee is authorized to execute any associated
agreement(s) to secure these services.
Passed and Approved this 10th day of December, 2024.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
________________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0578,Version:1
Report: SDSU Student Association.
Summary:
SDSU SA Government Affairs Chair, Claire Koenecke, will provide an update on SDSU happenings
to the City Council and members of the public.
Claire is currently a sophomore at SDSU and plans to graduate in May of 2026. She is double
majoring in English and Political Science. As of right now, she plans on going into the education field
upon graduation. Claire hopes to attend graduate school in the future with the goal of working in
educational administration one day. As a Pierre native, she has been around politics her whole life
and has been fortunate to observe politics at both a State and Local level from a young age. She
served as a Legislative Page in the Senate in 2021 and in the House of Representatives in 2022.
Claire thoroughly enjoyed her time spent as a Page and credits much of her interest in politics to the
experiences she gained at the Capitol. At SDSU, Claire has served as a Senator At-large for both her
freshman and sophomore years and is looking forward to serving as the Government Affairs Chair for
this next term. Outside of her studies and Students' Association, Claire is also actively involved in the
Honors College, LeadState, Taylor Swift Society, and she currently serves as the Parade Assistant
Pooba for the Hobo Day Committee.
The Students' Association is comprised of all General Activity Fee-paying students at South Dakota
State University. The Students' Association Senate is the official student government organization at
SDSU, consisting of 26 senators representing each of the academic colleges and the student body
president and vice president.
The Students' Association Senate serves as a representative body to bring the voice of SDSU
students to university administration, faculty, staff, state legislators and the South Dakota Board of
Regents of Higher Education. The Students' Association also allocates student fee funds to support
various campus entities, facilities and many student organizations.
SDSU SA Website:<https://www.sdstate.edu/students-association>
City of Brookings Printed on 12/12/2024Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0594,Version:1
Reports: City Council Ex-Officio Reports
Summary:
City Council Members, serving as Ex-Officio members on the Brookings Health System Board of
Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended
at the first City Council meeting of the month.
Brookings Municipal Utility Board:
1.Council Member Wayne Avery
2.Council Member Bonny Specker
Brookings Health Systems Board of Trustees:
1.Council Member Andrew Rasmussen
2.Council Member Brianna Doran
City of Brookings Printed on 12/12/2024Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0602,Version:1
Action to approve a Development Agreement with Solventum.
Summary and Recommended Action:
Staff recommends approval of a development agreement between the City of Brookings and
Solventum Corporation. The agreement adheres to the approved MOU and facilitates Solventum’s
$220 million plant expansion, outlining project details, obligations, tax increment financing (TIF)
provisions, and performance expectations.
Attachments:
Memo
Development Agreement
City of Brookings Printed on 12/12/2024Page 1 of 1
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City Council Agenda Item Memo
From: Paul Briseno, City Manager
Council Meeting: December 10, 2024
Subject: Development Agreement with Solventum
Presenter: Paul Briseno, City Manager
Summary and Recommended Action:
Staff recommends approval of a development agreement between the City of Brookings
and Solventum Corporation. The agreement adheres to the approved MOU and
facilitates Solventum’s $220 million plant expansion, outlining project details,
obligations, Tax Increment Financing (TIF) provisions, and performance expectations.
Item Details:
In April 2024, the City Council and Solventum entered into a Memorandum of
Understanding (MOU), committing to a collaborative approach for revenue sharing and
the use of TIF to support Solventum’s facility expansion. In August 2024, the Council
approved the associated TIF Plan.
Solventum’s expansion project includes:
New facilities: 16 additional shipping docks, an 8,000-slot warehouse, 200,000
square feet of manufacturing space, laboratory and office spaces.
Economic benefits: creation of 46 jobs and significant local economic
contributions.
Key provisions of the agreement include:
1. Solventum is eligible for up to $3.5 million in TIF reimbursement based on act ual
expenditures.
2. The City anticipates $2.6 million in sales tax revenue and $900,000 in retained
TIF revenue.
3. Adjustments to the TIF grant if job creation or sales tax projections are not fully
realized:
o A prorated TIF reduction if job targets (46 positions) are unmet three years
post-completion.
o A reduction if sales tax from the project falls below $2.6 million.
Staff recommends approval of the agreement as presented, supporting Solventum’s
investment in Brookings and aligning with the City's strategic priorities of fiscal
responsibility and economic growth.
Legal Consideration:
City Attorney has reviewed and approved the agreement.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Economic Growth – The City of Brookings will support effective diversified
community investment and equitable opportunities for prosperity.
Financial Consideration:
Solventum will front all project costs and receive reimbursement for eligible expenses
via incremental tax revenues. This ensures no upfront cost to the City while leveraging
the project’s economic benefits.
Supporting Documentation:
Development Agreement
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (referred to herein as “Development Agreement”
or “Agreement”), is hereby executed as of December 6, 2024, by and among Solventum
CORPORATION, a Delaware corporation (the “Company”), and the CITY OF
BROOKINGS, SOUTH DAKOTA (the “City”). The Company and the City may from time
to time be referred to individually as a “Party” and collectively as “The Parties”.
RECITALS:
WHEREAS, the Company is expanding the Company’s existing facility located at 601
22nd Ave, Brookings, South Dakota (the “Facility”); and
WHEREAS, the Company’s expansion is generally described as follows:
Total construction of an estimated 262,000 square feet and equipment acquisition
over a five-year period (2024 – 2029) totaling an estimated $221,900,000 million
dollars and the creation of 46 jobs.
$2,600,00 million dollars of estimated City sales tax revenue will be generated
from equipment and construction purchases for the project; and
WHEREAS, the City enthusiastically supports and encourages business and industrial
development within the community, through among other means, a reasonable, non -
discriminatory tax and regulatory climate, and welcomes the Company’s expansion of its
Facility within the City; and
WHEREAS, the City has proposed specific incentives to the Company which are set
forth in this Agreement for the purpose of inducing and assisting the Company to expand
its Facility and create additional jobs within the City; and
WHEREAS, the Company has relied, in part, on such incentives in its determination to
expand its Facility and create additional jobs in the City; and
WHEREAS, the City has relied on the Company’s proposed commitments of Capital
Investment, city sales tax revenue created, and job creation to provide the basis for
incentive offers to the Company; and
WHEREAS, the Company’s expansion is adjacent to its Facility on the Company’s
current manufacturing site in the City; and
WHEREAS, the Parties desire to set forth the commitments of the City and of the
Company in a binding and enforceable agreement, as more fully described herein,
subject, however, to the conditions and limitations set forth herein.
NOW, THEREFORE, upon and in consideration of the respective promises and
2
covenants contained herein and for other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
ARTICLE I
MEETINGS AND DEFINITIONS
SECTION 1.1 Meetings with City. The Company agrees to meet with the City as
reasonably requested to discuss project construction schedules and job creation
milestones.
SECTION 1.2 Definitions. As used in this Agreement, the following terms shall have the
following meanings (such meanings to be equally applicable to both the singular and
plural forms of the terms defined):
(a) “Affiliate” means any business entity which directly or indirectly through one
or more intermediaries, controls, or is under common control with, or is
controlled by, the Company.
(b) “Capital Investment” means an investment by the Company in the Facility,
such investment to include the costs and expenses of the design, architecture,
engineering, process engineering, site preparation, construction of the Facility,
build out of the Facility, fixtures, machinery, equipment, information
technology, furniture, vehicles (in whatever form) to be utilized at the Facility,
landscaping and fire protection, and all costs of financing such activities and
the costs and expenses of such attorneys and consultants as may be required
in connection with the forgoing.
(c) “Force Majeure” means acts of God; strikes, lockouts, or other industrial
disturbances; conditions arising from a change in governmental laws, orders,
rules or regulations; acts of public enemy; wars; blockades; insurrections; riots;
epidemics; landslides; lightning; earthquakes; fires; storms; hurricanes; floods;
washouts; civil disturbances; and any other causes, whether of the kind herein
enumerated or otherwise, not within the control of the Party claiming
suspension, and which by the exercise of due diligence, such party is or would
have been unable to prevent or overcome. Such term shall likewise include, in
those instances where a Party is required to obtain or furnish materials and
supplies for the purpose of constructing or maintaining facilities for such
purpose, the inability of such Party to acquire, or the delays on the part of such
Party in acquiring, at reasonable costs, and after the exercise of reasonable
diligence, such materials and supplies.
(d) “Grant” means an amount not to exceed $3,500,000 in total, payable through
the use of Tax Increment Revenues.
(e) “Liability” means any liability (whether known or unknown, whether asserted
or unasserted, whether absolute or contingent, whether accrued or unaccrued,
whether liquidated or unliquidated, and whether due or to become due),
including any liability for taxes.
(f) “New Jobs” means a new position or additional Company employee who is
working 32 or more hours per week and receiving benefits or if the position is
3
filled by a contract worker, then a new job means a position held by a contract
worker who is working 32 or more hours per week.
(g) “Sales Tax Revenue” means all municipal sales tax revenue received by the
City through the Company’s taxable purchases of equipment to construct and
equip the expansion of the Facility as described herein.
(h) “Tax Increment Base Value” means the value of the Tax Increment District
Property at the time of the creation of the Tax Increment District as certified by
the South Dakota Secretary of Revenue.
(i) “Tax Increment District” means a 20-year tax increment district created by
the City in accordance with applicable South Dakota statutes.
(j) “Tax Increment Revenues” means all tax revenues generated by the Tax
Increment District Property in excess of the Tax Increment Base Value.
ARTICLE II
LOCAL TAX INCENTIVE
SECTION 2.1 Tax Increment Financing Grant.
(a) The City has created the Tax Increment District to include the Facility to
capture the Tax Increment Revenues. In developing the TIF Plan (the “TIF
Plan”) and related documentation, the City has adopted Tax Increment District
boundaries to include the Tax Increment District eligible capital costs resulting
from the project construction and permitted uses of the Tax Increment
Revenues. The Tax Increment District Plan is attached hereto as Exhibit A.
(b) Financial analysis estimates that the project will generate a total of $7,000,000
from a combination of Sales Tax and Tax Increment Revenues . City agrees to
pay to Company through a Grant, solely funded by Tax Increment Revenues,
a sum not to exceed $3,500,000 (based on actual construction expenditures)
in total over the life of the Tax Increment District, which equates to fifty percent
(50%) of the total projected Tax Increment District and Sales Tax Revenue.
The remaining fifty percent (50%) of the Grant, being $3,500,000, shall be paid
to the City through the available Sales Tax Revenue and Tax Increment
Revenues generated from the project. The Company and City shall receive
their percentage of tax increment concurrently. The City is guaranteed to
receive $3,500,000 in revenue from a combination of Sales Tax Revenue and
Tax Increment Revenues. It is estimated that the City will receive $2,600,000
in Sales Tax Revenue. The City will be made whole for any shortfall in Sales
Tax Revenue with Tax Increment Revenues. For example, if Sales Tax
Revenue received by the City resulting from the project equals $2,000,000,
then the City shall receive Tax Increment Revenues of $1,500,000 generated
from the project so that the City receives a total of $3,500,000 in combined
Tax Increment District Incremental Revenues and Sales Tax Revenues.
(c) The Company will not apply for a discretionary property abatement.
4
(d) If the Company does not achieve the planned 46 New Jobs from the
expansion project three years after the completion of the construction, the
Grant will be reduced by the sum of $76,086 per job. For example, if only 43
New Jobs are created as a result of this construction project instead of the
projected 46 New Jobs, the Grant distributable to the Company will be reduced
by $76,086 per job times 3 jobs for a total of $228,258.
1) The City will utilize the services of Brookings Economic Development
Corporation to monitor job creation and employment associated with the
required new employment positions. Company agrees to cooperate in
providing information required by the City for such monitoring.
2) The New Jobs must be retained for 3 years after substantial completion
of the project. The Company will notify the City and Brookings
Economic Corporation when substantial completion occurs.
3) In addition, if the city sales tax remitted for the project is less than
$2,600,000 million, the Grant distributable to the Company will be
reduced by an amount equal to the amount which sales tax collected for
the project is less than $2,600,000. For example, if $2,300,000 of Sales
Tax Revenue is generated from construction and equipment purchases
for the project, then Grant distributions to the Company shall be
reduced by $300,000 ($2,600,000 of Sales Tax Revenue less actual
sales tax collected at $2,300,000).
4) Verification of sales tax paid shall be provided to the City by Company
in the form of a summary of sales tax paid supported by invoices and
sales tax reports indicating the amount of City sales tax paid by the
Company on qualifying equipment.
5) The Company is required to provide the City with satisfactory proof of
payment of all applicable state and municipal sales tax on a quarterly
basis. Such proof shall include, but not be limited to, receipts, invoices,
and tax returns or other documentation as requested by the City that
demonstrate the payment of sales taxes on all items purchased for the
project.
ARTICLE III
TERMS AND CONDITIONS
SECTION 3.1 City Approvals.
(a) On or prior to the date of this Agreement, the City Council has taken all legally
required actions to formally approve this Agreement and the transactions contemplated
hereunder. The Parties acknowledge that such City Counc il actions become legally
enforceable only after the expiration of the required referral period. Accordingly, if the
City Council’s approval of this Agreement or any of the transactions contemplated
hereunder is hereafter referred to a public vote, the Company may terminate this
5
Agreement upon written notice to the City and no Party shall thereafter have any further
Liability or any other obligation to any other Party as a result of such termination
(including any Liability with respect to any costs incurred by any Party to this Agreement
prior to or subsequent to such termination). “Referred to a public vote” means a valid
referendum petition concerning this Agreement has been filed with the City.
(b) In the event of referral described in subsection (a) above, the City’s
obligations hereunder will automatically terminate and be null and void if the City
Council’s resolution approving this Agreement fails to receive an approving vote by a
majority of the voters as provided in SDCL 9-20-5. This provision will terminate upon the
failure of the voters to properly file a referendum petition with the City Clerk by the time
specified in SDCL 9-20-6, or if such a petition is properly filed, upon completion of the
referendum election canvassing confirming that the City Council’s action has been
approved.
SECTION 3.2 Authorizing Resolutions
(a) Attached hereto as Exhibit B are copies of duly executed resolutions or
motions, as applicable, of the City certified by the City Clerk and of the Company,
authorizing the respective Parties to enter into this Agreement and to carry out the terms
and commitments contained in this Agreement, and any ancillary agreement to which it
is or will become a party.
SECTION 3.3 Specific Performance. The City and the Company acknowledge and agree
that the City and the Company may be damaged irreparably in the event that any of the
provisions of this Agreement (and any ancillary agreement) are not performed by the City
or the Company in accordance with their specific terms or otherwise are breached. The
City agrees that the Company, to the extent permitted by law shall be entitled to an
injunction or injunctions to prevent breaches of the provisions of this Agreement and any
ancillary agreement and to enforce specifically this Agreement and any ancillary
agreements and any of the terms and provisions hereof or thereof applicable to it (or
them) in any action instituted in any court having jurisdiction over the City, the Company,
and this matter, in addition to any other remedy to which the City or Company may be
entitled, at law or in equity. Prior to filing an action for injunctive relief, the City and
Company must give written notice of any claimed breach which provides the applicable
party with a thirty (30) day period to remedy the breach. The City acknowledge s and
agrees that if the Company institutes any action or proceeding to enforce any provision
hereof or in any ancillary agreement, such Party or Parties against whom such action or
proceeding may be lawfully brought hereby waives the claim or defense that the
Company, has or will have an adequate remedy at law for money damages. Further,
each Party is responsible only for its obligations assumed hereunder and is not
responsible for the obligations of any other Party.
ARTICLE IV
MISCELLANEOUS
SECTION 4.1 Term of Agreement. The term of this Agreement shall commence on the
6
date the City Council actions to formally approve this Agreement become legally
enforceable as described in Section 3.l(a) (the “Effective Date”) and continue in effect
until all Parties have completed the performance of all of their obligations under this
Agreement, or this Agreement is otherwise terminated in accordance with its terms.
SECTION 4.2 Governing Law. The governing law of this Agreement shall be the law of
the State of South Dakota, without regard to conflicts of law provisions.
SECTION 4.3 Severability. In case any one or more of the provisions contained herein is
invalid, illegal or unenforceable in any respect and for any reason whatsoever, the
validity, legality and enforceability of the remaining provisions hereof shall not in any way
be affected or impaired thereby, and in the event any such provision is held to be invalid,
illegal or unenforceable, those Parties affected by such event shall exercise their best
efforts to agree upon a provision in substitution for such invalid, illegal or unenforceable
provision that is as near in economic benefit as possible t o the provision found to be
invalid, illegal or unenforceable.
SECTION 4.4 Notices. Any notice, request, demand, claim, or other communication
hereunder shall be in writing and shall be deemed duly given or made (a) when
personally delivered to the intended recipient (or an officer of the intended recipient), (b)
three (3) days after it is sent by certified first class mail, return receipt requested, postage
prepaid, (c) two (2) days after it is sent by recognized overnight courier service, or (d)
when sent by facsimile service (with such facsimile to be confirmed promptly in writing
sent by mail or overnight courier as aforesaid), to the following addresses and recipients:
CITY OF BROOKINGS 520 3rd Street, Suite 230
Brookings, SD 57006
Telephone: 605-692-6281
Facsimile: 605-692-6907
Attention: City Manager
COMPANY Solventum Corporation
3M Center, Building 275-6W 2510
Conway Avenue East
Maplewood, Minnesota 55144
Email: jpmcgough@solventum.com
Attention: Justin McGough
or to such other address as the receiving Party shall have most recently
forwarded to the sending Party pursuant to the provisions of this Section 4.4.
SECTION 4.5 Assignment.
(a) This Agreement is not assignable by the City.
7
(b) The Company shall have the right to assign this Agreement and all of its
rights, interests and obligations created and set forth herein, at any time, to any Affiliate
which is a U.S. legal entity (i) with the consent of the City, provided that the Company
remains liable for all of its obligations under this Agreement, or (ii) with the consent of the
City, which consent shall not be unreasonably withheld, provided that the Affiliate
assumes the obligations of the Company hereunder, in which event the Company shall
be released from any and all obligations to the extent so assigned and assumed. Upon
any such assignment and assumption thereof by an assignee, the Company shall notify
the City.
SECTION 4.6 Binding Nature. It is the intention of the Parties that the commitments and
obligations set forth herein shall be binding upon the Parties hereto and their respective
successors and permitted assigns.
SECTION 4.7 No Third-Party Beneficiaries. Other than as set forth in this Agreement,
this Agreement shall not confer any rights or remedies upon any person other than the
Parties and their respective successors and permitted assigns.
SECTION 4.8 Incorporation of Exhibits, Attachments and Schedules. The exhibits,
attachments and schedules identified in this Agreement and a ttached hereto are
incorporated herein by reference and made a part hereof. If any provision of this
Agreement conflicts with or is inconsistent with any ancillary agreement relating to the
matters contemplated hereby or with any exhibit, attachment or schedule attached
hereto, the terms, conditions and obligations set forth in this Agreement shall control.
SECTION 4.9 Amendments and Waivers. No amendment of any provision of this
Agreement shall be valid unless the same shall be in writing and duly signed by an
authorized representative of each of the Parties. No waiver by any Party of any default,
misrepresentation or breach of warranty or covenant hereunder, whether intentional or
not, shall be deemed to extend to any prior or subsequent default, misrepresentation or
breach of warranty or covenant hereunder or affect in any way any rights arising by
virtue of any prior or subsequent such occurrence.
SECTION 4.10 Construction. In this Agreement, unless the context indicates otherwise,
the singular includes the plural and the plural the singular; references to statutes,
sections or regulations are to be construed as including all statutory or regulatory
provisions consolidating, amending, replacing, succeeding or supplementing the statute,
section or regulation referred to; references to “writing” includes printing, typing,
lithography, facsimile reproduction and other means of reproducing words in a tangible
visible form; the words “including”, “includes” and “include” shall be deemed to be
followed by the words “without limitation” or “but not limited to” or words of similar import;
references to articles, sections (or subdivisions of sections), exhibits, appendices,
attachments or schedules are to those of this Agreement unless otherwise indicated;
references to agreements and other contractual instruments shall be deemed to include
all exhibits, schedules and appendices attached thereto and all subsequent amendments
8
and other modifications to such instrument; references to days shall mean calendar days
unless otherwise specified; and references to Parties include their respective successors
and permitted assigns. This Agreement has been negotiated by the Parties and their
respective legal counsel, and legal or equitable principles that might require the
construction of this Agreement or any provision of this Agreement against the Party
drafting this Agreement will not apply in any construction or interpretation of this
Agreement.
SECTION 4.11 Jurisdiction. Any lawsuit arising out of or related to this Agreement must
be brought in a court of the Unified Judicial System of the State of South Dakota. Each
party hereto hereby irrevocably consents to the jurisdiction of such courts and waives
any objection to such jurisdiction based on the doctrine of forum non -conveniens.
SECTION 4.12 Force Majeure. In the event of any Party hereto being rendered unable,
wholly or in part, by reason of Force Majeure to carry out its obligations hereunder (other
than the obligation to make payment of amounts due hereunder), or to meet the
requirements to receive a payment or other commitment of a Party hereto, the
obligations of the disabled party suffering such Force Majeure event shall be suspended
during the continuance of any inability so caused, but for no longer period and/or the
deadline to qualify for any such payments or other benefits shall be tolled for the period
of such Force Majeure event and the deadline shall be extended for the period of such
Force Majeure event; provided, however, that such Party suffering the Force Majeure
event shall (a) deliver prompt notice, to the Party to whom the obligations are due of the
occurrence of such a Force Majeure event (such notice to describe the circumstances
creating the event and the steps that such Party proposes to take to eliminate the event
or the effects thereof), (b) use its best efforts to eliminate such event or the effects
thereof and shall deliver periodic status reports regarding such efforts to the Party to
whom the obligations are due, (c) promptly deliver notice to the Party to whom the
obligations are due when such event has been eliminated or has ceased to prevent the
performance of the suffering Party's obligations, and (d) proceed to fulfill or perform such
obligations as soon as reasonably practical after the event has been eliminated or has
ceased to prevent the performance of the suffering Party’s obligations.
SECTION 4.13 Counterparts. This Agreement may be executed simultaneously in two or
more counterparts, each of which shall be deemed an original, and it shall not be
necessary in making proof of this Agreement to produce or account for more than one
such counterpart.
SECTION 4.14 Entire Agreement. This Agreement (including any ancillary agreements
and exhibits referred to herein) constitutes the entire agreement among the Parties
hereto and supersedes any prior understandings, agreements or representations by or
among the Parties hereto, whether written or oral to the extent they relate to the subject
matter herein.
IN WITNESS WHEREOF, the Parties have each executed this Agreement as set
forth below.
9
Passed and Approved this 10th day of December, 2024.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
___________________________________
Bonnie Foster, City Clerk
Dated this ____ day of December, 2024.
SOLVENTUM CORPORATION
By:
Its:
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0575,Version:1
Public Hearing and Action on a Special Event / Temporary Alcoholic Beverage Application from St.
Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 1,
2025, for a Winter Gala and Grand Auction to be held at 1700 8th Street South.
Summary and Recommended Action:
St. Thomas More has applied for a Special Event / Temporary Alcoholic Beverage License to hold a
fundraising event on February 1, 2025 at their facility located at 1700 8th Street South. All Special
Event / Temporary Alcoholic Beverage Applications must be approved by the City Council through
use of a public hearing. Staff recommends approval.
Attachments:
Memo
Legal Notice
SDCL References
City of Brookings Printed on 12/12/2024Page 1 of 1
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City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 10, 2024
Subject: Special Event / Temporary Alcoholic Beverage Application
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
St. Thomas More Catholic School submitted a Special Event / Temporary Alcoholic
Beverage Application for the Annual Winter Gala and Grand Auction. This fundraising
event will be held on February 1, 2025 at 1700 8th Street South. Staff recommends
approval.
Item Details:
St. Thomas More Catholic School Annual Winter Gala and Grand Auction to be held on
February 1, 2025 at 1700 8th Street South. This will be the 5th year for this event.
A public hearing and City Council action is required on all Special Event / Temporary
Alcoholic Beverage Applications, in which the person or organization applying does not
hold an on-sale alcoholic beverage license.
Legal Consideration:
None.
Strategic Plan Consideration:
Service and Innovation Excellence – The City of Brookings will provide an accessible
environment committed to ongoing innovation and outstanding service through listening
and engagement.
Financial Consideration:
This is a Special Event / Temporary Alcoholic Beverage License for an educational and
charitable event. The $50 fee is waived as per Resolution 15-066.
Supporting Documentation:
Legal Notice
SDCL References
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, December 10, 2024, in the Brookings
City & County Government Center, 520 Third Street, to consider a Special Event /
Temporary Alcoholic Beverage Application from St. Thomas More Catholic School, to
operate within the City of Brookings, South Dakota, on February 1, 2025, for a Winter
Gala and Grand Auction to be held at 1700 8th Street South. At which time and place all
persons interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 29th day of November, 2024.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
SD State Codified Law Reference
35-4-124. Special alcoholic beverage licenses--Special events--Duration--Hearing--
Local government rules required. Any municipality or county may issue:
1) A special malt beverage retailers license in conjunction with a special event
within the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the
special events license applicant;
2) A special on-sale wine retailers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant;
3) A special on-sale license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-
2(4) or (6) in addition to any other licenses held by the special events license
applicant;
4) A special off-sale package wine dealers license in conjunction with a special
event within the municipality or county to any civic, charitable, educational,
fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant. A special off -sale
package wine dealers licensee may only sell wine manufactured by a farm
winery licensee;
5) A special off-sale package wine dealers license in conjunction with a special
event, conducted pursuant to § 35-4-124.1, within the municipality or county to
any civic, charitable, educational, fraternal, or veterans organization;
6) A special off-sale package malt beverage dealers license in conjunction with a
special event, conducted pursuant to § 35-4-124.1, within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization; or
7) A special off-sale package dealers license in conjunction with a special event,
conducted pursuant to § 35-4-124.1, within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization.
The municipality or county may issue a license under this section for a time not to
exceed fifteen consecutive days. No public hearing is require d for the issuance of a
license pursuant to this section if the person applying for the license holds an on -sale
alcoholic beverage license or a retail malt beverage license in the municipality or
county, or holds an operating agreement for a municipal on -sale alcoholic beverage
license. The local governing body shall establish rules to regulate and restrict the
operation of the special license, including rules limiting the number of licenses that may
be issued to any person within any calendar year.
Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13,
2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch
149, § 1.
35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or
veterans organization holding special events license. A civic, charitable,
educational, fraternal, or veterans organization holding a special events license
pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by
members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(6) may only sell malt beverages that have been donated by
members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by
members of the public to be sold at the special event.
The donor shall purchase any donated alcoholic beverage from a licensed South
Dakota retailer.
Source: SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 24-112,Version:1
Public Hearing and Action on Resolution 24-112, a Resolution Authorizing Naming the Street within
Pioneer Park in the City of Brookings.
Summary and Recommended Action:
A request has been received to name the road within Pioneer Park. This City Council meeting will be
the initial public discussion on the topic. City Council to make the determination of approval or
denial.
Attachments:
Memo
Resolution
Legal Notice
Nomination Form
Location Map
City of Brookings Printed on 12/12/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Kristin Zimmerman, Parks, Recreation & Forestry Director
John Thompson, Public Works Director
Council Meeting: December 10, 2024
Subject: Resolution 24-112: Name the street within Pioneer Park
Presenter: Josh Bauman, Parks, Recreation & Forestry Assistant
Director
Summary and Recommended Action:
A request has been received to name the street located within Pioneer Park. This
meeting will serve as the initial public discussion on the matter. The City Council is
tasked with reviewing the request and determining whether to approve or deny the
proposed renaming. The request follows the Council’s policy. Staff and the Park Board
recommend approval.
Item Details:
A request has been submitted by Thomas Reynolds, an SDSU student, and Jay
Molock, an SDSU faculty member, to name the street within Pioneer Park “MLK Way.”
The nomination form highlights that Dr. Martin Luther King, Jr. worked and sacrificed to
create a nation where all individuals are treated equally, noting that South Dakota
currently has no streets or buildings named in his honor.
This request was submitted in accordance with the City Council’s naming policy. The
applicants have expressed their desire to have the road named prior to the 3rd Annual
Dr. Martin Luther King, Jr. Marade Day, scheduled for January 20, 2025.
Excerpt from the November 4, 2024 Parks and Recreation Board Minutes: “Park,
Recreation and Forestry Director Kristin Zimmerman presented the park board with an
application from Thomas Reynolds regarding the naming rights of the street within
Pioneer Park. The board reviewed and discussed after Thomas presented his ideas and
explained the reason behind his application and the request to rename it after Martin
Luther King Jr. The board is in support of the name change; however, want to make
sure it follows all rules and laws put in place by the City of Brookings. A motion was
made by Jay Larson for a due pass recommendation for the naming rights to be
determined by the City Council by definition of what it would be called regarding (Martin
Luther King) parkway or road at the location of Pioneer Park. Stacy Zerfas seconded
the motion. There were 4 yeses and 1 no; motion is carried to forward to city council.”
Publication of the Agenda with this matter was made on December 5, 2024. There is no
required mailing of the notice of this meeting because there are no property owners
adjacent to the street.
After public testimony, the City Council may discuss and take possible action
concerning the proposed naming of the street within Pioneer Park. Discussion and a
proposed resolution to change the name of the street within Pioneer Park will be
presented at the December 17th City Council meeting.
Legal Consideration:
None.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the community
can safely live, work and come together to participate in opportunities for learning,
recreation and enjoyment.
Financial Consideration:
Costs associated with the naming this road includes:
Sign (blue with white lettering)
staff time for signage installation
Supporting Documentation:
Resolution
Legal Notice
Nomination Form
Location Map
RESOLUTION 24-112
A RESOLUTION AUTHORIZING NAMING THE STREET
WITHIN PIONEER PARK IN THE CITY OF BROOKINGS
WHEREAS, the City Council is authorized by Brookings Ordinance Section 74-1 to
establish or change names of streets within the city; and
WHEREAS, the City Council has received a request to name the street within Pioneer
park, which is located between 1st Avenue and Western Avenue.
NOW THEREFORE, BE IT RESOLVED by the governing body that the following street
name for the street within Pioneer Park is hereby established:
New street name: MLK Way
FURTHER, the City Clerk is directed to file a copy of this resolution with the Office of
the Brookings County Register of Deeds and request that the name of the street
described above be noted on the Plat of Pioneer Park and duly recorded in the Office of
the Register of Deeds.
Passed and Approved this 10th day of December, 2024.
CITY OF BROOKINGS, SD
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
______________________________
Bonnie Foster, City Clerk
NOTICE OF HEARING
NOMINATION FORM: NAMING OF STREET WITHIN PIONEER PARK
NOTICE IS HEREBY GIVEN That a nomination form has been submitted to name the
street within Pioneer Park.
NOTICE IS FURTHER GIVEN that said request will be considered with possible action
by the City Council at 6:00 PM on Tuesday, December 10, 2024, in the Chambers
Room on the third floor of the Brookings City and County Government Center at 520
Third Street, Brookings, South Dakota. Any person interested may appear and be
heard in this matter.
Dated this 29th day of November, 2024.
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
Brookings County, SD
Developed by
Parcel ID 409601105026205
Sec/Twp/Rng 26-110-50
Property Address
Alternate ID n/a
Class G
Acreage n/a
Owner Address BROOKINGS CITY
520 3RD ST STE 230
BROOKINGS SD 57006
District 4001 - BROOKINGS/BROOKINGS SCH
Brief Tax Description OUTLOTS, N 1/2 NW 1/4 EXC OL A, H-1'S, H-2, H-3 AND PLATTED AREAS THEREOF IN SEC 26-110-50 (PIONEER
PARK) 16.75 ACRES
(Note: Not to be used on legal documents)
Date created: 11/25/2024
Last Data Uploaded: 11/25/2024 1:02:01 AM
404 ft
Overview
Legend
Brookings City
Limits
City Limits
Township
Boundary
Sections
Parcels
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 24-0600,Version:1
ITEM FOR RECONSIDERATION: Action on Annual On-Sale Convention Liquor License Renewal for
Park Hospitality (LaCantina Restaurant), which failed an alcoholic beverage compliance check within
the past 12 months.
Summary and Recommended Action:
It has been requested by the City Council for a reconsideration of action on the Annual On-Sale
Convention Liquor License Renewal for Park Hospitality (LaCantina Restaurant), which failed an
alcoholic beverage compliance check within the past 12 months.
Brookings City Council Minutes Excerpt from November 26, 2024:The Brookings City Council
held a meeting on Tuesday, November 26, 2024 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.
On-Sale Convention Liquor License Renewal for Park Hospitality.
A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the
Annual On-Sale Convention Liquor License Renewal for Park Hospitality (LaCantina Restaurant),
which failed an alcoholic beverage compliance check within the past 12 months, be approved. Public
Comment: Ray Aranda, LaCantina Manager. The motion failed by the following vote: Yes: 1 -
Niemeyer; No: 6 - Avery, Doran, Rasmussen, Specker, Tilton Byrne, and Wendell.
Attachments:
Memo
City Policy - Council Reconsideration Action
City of Brookings Printed on 12/12/2024Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 10, 2024
Subject: Action on Reconsideration: On-Sale Convention Liquor
License renewal for Park Hospitality (LaCantina Restaurant),
which failed an alcohol compliance check within the past 12
months
Person(s) Responsible: Bonnie Foster, City Clerk
Summary and Recommended Action:
It has been requested by the City Council for a reconsideration of action on the Annual
On-Sale Convention Liquor License Renewal for Park Hospitality (LaCantina
Restaurant), which failed an alcoholic beverage compliance check within the past 12
months.
Item Details:
The Brookings City Council took action and did not renew the On-Sale Convention
Liquor License annual renewal for Park Hospitality (LaCantina Restaurant) at their
November 26th meeting with the following action:
Brookings City Council Minutes Excerpt from November 26, 2024: The
Brookings City Council held a meeting on Tuesday, November 26, 2024 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.
On-Sale Convention Liquor License Renewal for Park Hospitality.
A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that the Annual On-Sale Convention Liquor License Renewal for
Park Hospitality (LaCantina Restaurant), which failed an alcoholic beverage
compliance check within the past 12 months, be approved. Public Comment:
Ray Aranda, LaCantina Manager. The motion failed by the f ollowing vote: Yes:
1 - Niemeyer; No: 6 - Avery, Doran, Rasmussen, Specker, Tilton Byrne, and
Wendell.
The SD Dept. of Revenue staff recently discussed the alcohol license renewals for Park
Hospitality (LaCantina). The SD Dept. of Revenue recently became aware they had no
record of the 2022 violations. City staff has records of submitting the violations to the
state. This is a state error and there is nothing the City can do to rectify the issue.
Therefore, the SDDOR will not be imposing a penalty for this establishment for 2022,
and they will be reviewed as having 2 compliance check violations within a 24-month
period, not 3 violations as per City’s records.
The City Council can consider the 2022 violations for purposes of issuing / denying the
license renewal, even if the SDDOR is not. Dependent on the council’s decision, the
SDDOR will determine the next course of action with this license renewal.
If the City Council reverses their prior action, and approves the license renewal, the
renewal application will be forwarded to the SD Department of Revenue for final action
on the 2025 license.
Brookings City Code Section 2-32. - Reconsidering and/or rescinding of actions.
Unless otherwise prohibited by state law, the city council may elect to reconsider and/or
rescind any action taken by the council on the same date that such action is taken or at
the next regularly scheduled city council meeting. A motion to reconsider or rescind may
only be made by a councilmember who voted with the prevailing side.
(Code 1996, § 2-24)
SDCL 9-8-11. Reconsideration of council action. A vote of the council may be
reconsidered or rescinded at a regular or special meeting if a quorum is present and a
majority vote to reconsider or rescind the action.
Source: SL 1890, ch 37, art IV, § 13; RPolC 1903, § 1210; RC 1919, § 6216; SDC
1939, § 45.0708; SL 2017, ch 56, § 10.
Legal Consideration:
Procedurally, a Council member who voted with the prevailing side may move to
reconsider, with a second to the motion required. As with all other motions, public
comment and council comment would be appropriate. If the motion to reconsider the
original motion (“to approve the Park Hospitality, LaCantina Restaurant, renewal of their
liquor license”) is approved, then the original motion is now back before the Council for
further public and council comment and a vote. In short, it would be treated like a tabled
motion brought back for further consideration and action. The applicant will certainly
wish to speak on the motion at that time, and the public and council comment would
also be appropriate prior to a vote on the original motion to approve.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Financial Consideration:
Liquor License Renewal Fee: $1,500
Supporting Documentation:
Memo
City Policy – Council Reconsideration Action