Brookings City Council
   May 9 , 2023
    
   The Brookings City Council held a meeting on Tuesday , May 9 , 2023 at 5:30 PM , at the Brookings City & County Government Center , Chambers , with the following City Council members present:  Mayor Oepke Niemeyer , Deputy Mayor Nick Wendell , Council Members Holly Tilton Byrne , Bonny Specker , Wayne Avery , Brianna Doran , Andrew Rasmussen .  City Manager Paul Briseno , City Attorney Steve Britzman , and Deputy City Clerk DeShawn Scott were also present .
    
   Oath of Office and Certificates of Election .
     Newly Elected City Council Members took their Oath of Office and Mayor Niemeyer presented them with their Certificates of Election .  New City Council Members are:  Brianna Doran ( 3 - year City Council Term - term expires 5/1/2025 ) , Andrew Rasmussen ( 3 - year City Council Term - term expires 5/1/2025 ) .
    
   Agenda .
     A motion was made by Council Member Tilton Byrne , seconded by Council Member Wendell , that the agenda be approved .  The motion carried by the following vote:  
   Yes: 
   7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Open Forum .
     Jeanette Gibbons shared information regarding an interview with Ryan
   Montgomery on a YouTube podcast called “The Shawn Ryan Show” where he caught a child predator live during the podcast . Ryan Montgomery helps companies find vulnerabilities by hacking into their systems . She also shared a website titled “wondersdiary . com“ which shares how we are in control of our own lives .
    
   Consent Agenda .
     A motion was made by Council Member Tilton Byrne , seconded by Council Member Wendell , to approve the Consent Agenda .  Public Comment:  Emily Braun .  The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
   A . Action to approve the April 25 , 2023 City Council Minutes .
   B . Action on annual Malt Beverage Alcohol License Renewals .  
   The following On - Off Sale Malt ( retail ) licenses were approved:  Boss’s Pizza / Den Wil Hospitality Group , Inc . , 2515 6
   thStreet; BP of Brookings , 2420 6
   thStreet , Suite A and B; Brookings Softball Assoc . ( Southbrook Softball Diamonds ) , 2800 22
   ndAvenue South; BYG Backyard Grill , 1805 6
   thStreet; Carpy’s Pub , 714 22
   ndAvenue South; Casey’s General Store #1694 , 620 8
   thStreet South; Casey’s General Store #2198 , 122 6
   thStreet West; Casey’s General Store #2419 , 534 22
   ndAvenue South; Casino 2000 , 622 25
   thAvenue , Suite A and B; CHS , Inc . , dba Cenex Zip Trip #63 , 1005 6
   thStreet; CHS , Inc . , dba Cenex Zip Trip #64 , 3045 LeFevre Dr . ; The Children’s Museum of South Dakota , 521 4
   thStreet; The Clothes Line Lounge , 727 Wilson Avenue ( inactive ) ; Corner Pantry #24 / MG Oil , Co . , 600 6
   thStreet; Corner Pantry #24 / MG Oil , Co . , 600 6
   thStreet , Suite B; Cottonwood Coffee , Inc . , 1710 6
   thStreet; Cubby’s Sports Bar & Grill , 307 Main Avenue; Danny’s , 703 Main Avenue South; The Depot Casino / MG Oil , Co . , 921 20
   thStreet South; Deuces Casino / Common Wealth Gaming & Holding , Co . , 223 6
   thStreet , Suite 105A; Deuces Casino , Common Wealth Gaming & Holding , Co . , 223 6
   thStreet , Suite 105B; Deuces Casino , Common Wealth Gaming & Holding , Co . , 223 6
   thStreet , Suite 105C; Deuces Casino , Common Wealth Gaming & Holding , Co . , 223 6
   thStreet , Suite 105 D; EdgeBrook Golf Course , 1415 22
   ndAvenue South; El Tapatio , Inc . , 1717 6
   thStreet , Suite F; Eponymous Brewing Co . , 126 Main Avenue South; 4 Aces Casino / SVK Properties , Inc . , 141 Main Avenue South , Suite A; 4 Aces Casino / SVK Properties , Inc . , 141 Main Avenue South , Suite B; 4 Aces Casino / SVK Properties , Inc . , 141 Main Avenue South , Suite C; George’s Pizza , Inc . , 311 Main Avenue; Guadalajara Mexican Restaurant , 1715 6
   thStreet , Suite F; Hy - Vee Fast & Fresh , 716 22
   ndAvenue South; Hy - Vee Food Store , 790 22
   ndAvenue South; Jim’s Tap , 309 Main Avenue; The Lanes / MG Oil , Co . , 722 Western Avenue , Suite B; The Lanes / MG Oil , Co . , 722 Western Avenue , Suite C; Main Street Pub , 408 Main Avenue; McCrory Gardens Visitors Center/Sodexo , 6
   thStreet & 22
   ndAvenue; Mosaic Wine Bar , 225 Main Avenue; New Sake , Inc . , 724 22
   ndAvenue South; Old Sanctuary , 928 4
   thStreet; PNP Pub / Schoon’s Pub , Inc . , 318 2
   ndStreet South; Ray’s Corner / Fergen Enterprises , Inc . , 401 Main Avenue; Ray’s Corner / Fergen Enterprises , Inc . , 401 Main Ave , Suite B; Schoon’s Pump N Pak / Schoon’s Properties , Inc . , 202 South Main Avenue; Schoon’s PNP Pub South / Schoon’s Properties , Inc . , 1203 Main Avenue South; Skinner’s Pub , 300 Main Avenue; South Main Casino & Pub / SVK Properties , LLC , 615 Main Avenue South; Sully’s Irish Pub / 3 Guys LLC , 421 Main Avenue; Swiftel Center , 824 32
   ndAvenue; Tee’d Off Golf , 2508 Wilbert Court , Suite B; Wal - Mart Supercenter #1538 , 2233 6
   thStreet; Wilbert’s / Den Wil Hospitality Group , Inc . , 931 25
   thAvenue; The Wild Hare , 303 3
   rdStreet; Wooden Legs Brewing Co . , 309 5
   thStreet , Suite 100; and Yessica’s Restaurant , 1300 Main Avenue South .
   C . Action on Resolution 23 - 040 , a Resolution authorizing the City Manager to
   sign an On - Sale Wine Operating Agreement renewal for Common Wealth
   Gaming & Holdings , Co . , dba Deuces Casino , Suite 105A , Bryant Soberg
   and Kirby Muilenburg , owners . Location: 223 6th Street , Suite 105A .
   Resolution 23 - 040 - On - Sale Wine Operating Agreement – 5 - year mid - term renewal
   Common Wealth Gaming & Holdings , Co . , dba Deuces Casino , Suite 105A
    
   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 Common Wealth Gaming &
   Holdings , Co . , dba Deuces Casino , 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 105A . Legal description:
   South 114 ' of West 69 . 3 ' of Lot 20 , and South 114 ' of Lot 21 , Block 3 , Henry Addition ,
   Suite 105A .
    
   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 23 - 042 , a Resolution authorizing the City Manager to
   sign an On - Sale Wine Operating Agreement renewal for Common Wealth
   Gaming & Holdings , Co . , dba Deuces Casino , Suite 105B , Bryant Soberg
   and Kirby Muilenburg , owners . Location: 223 6th Street , Suite 105B .
   Resolution 23 - 042 - On - Sale Wine Operating Agreement – 5 - year mid - term renewal
   Common Wealth Gaming & Holdings , Co . , dba Deuces Casino , Suite 105B
    
   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 Common Wealth Gaming &
   Holdings , Co . , dba Deuces Casino , 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 105B . Legal description:
   South 114 ' of West 69 . 3 ' of Lot 20 , and South 114 ' of Lot 21 , Block 3 , Henry Addition ,
   Suite 105B .
    
   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 .
   E .  
   Action to abate property taxes in the amount of $2 , 323 . 07 for Parcel #40621 - 00500 - 004 - 00 . Legal description: Lot 4 , Block 3 , Timberline Addition , City of Brookings .
   F . Action to abate property taxes in the amount of $1 , 282 . 79 for Jones Optometric Clinic LLC , owner , located at 1208 22nd Avenue South , Brookings .
   G . Action on Resolution 23 - 044 , a Resolution awarding a bid on Landfill Leachate Hauling .
   Resolution 23 - 044 - Resolution Awarding Bid for Landfill Leachate Hauling
    
   Whereas , the City of Brookings opened bids for the Landfill Leachate Hauling on
   Tuesday , April 25 , 2023 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 . 065/gallon; and
    
   Whereas , the Brookings Regional Landfill has appropriations of $56 , 500 in the 2023
   adopted budget for the hauling of Landfill Leachate .
   Now , Therefore , Be It Resolved that the low bid of $0 . 065/gallon from Liberty Septic , Inc . be accepted .
    
   Proclamation .
     Mayor Niemeyer presented a proclamation to Laura Schoen Carbonneau , Visit Brookings , recognizing May 7 - 13 , 2023 as National Travel and Tourism Week in the City of Brookings .
    
   MAYORAL PROCLAMATION
    
   Whereas , tourism fosters vibrant communities , drives innovation , and powers the economy as one of South Dakota’s top industries; and
    
   Whereas , during 2022 , 14 . 4 million visitors came to South Dakota spending $4 . 7 billion in our state , which generated $361 million in taxes to help pay for things like parks , streets , police and fire protection; and
    
   Whereas ,  thanks to the tourism industry , each household in South Dakota saves $1 , 015 per year in taxes; and
    
   Whereas , visitors to Brookings County spent $115 million on lodging , food and beverage , recreation , retail , and transportation in 2022 and generated $8 . 6 million in state and local taxes for our community; and
    
   Whereas , the tourism industry supports 1 , 897 jobs in Brookings with an annual payroll of $32 . 7 million for residents in our community; and 
    
   Whereas , Visit Brooking is the official destination marketing and promotion organization for tourism in Brookings with staff working diligently to promote our community to travelers coming to try our restaurants , see our attractions , and participate in tournaments , meetings , and events .
    
   Now , Therefore , Be It Resolved , that I , Oepke G . Niemeyer , Mayor of the City of Brookings , do hereby proclaim May 7 - 13 , 2023 as National travel and Tourism Week .
    
   Report:  1
   stQuarter 2023 Financial Report .
     Ashley Rentsch , Senior Finance Manager , presented the 2023 1st Quarter Financial Report to the City Council and members of the public .
    
   Report:  City Council Ex - Officio Reports .
     Ex - Officio Reports were presented for the following: Brookings Municipal Utility Board report by Council Members Avery and Specker . Brookings Health Systems Board of Trustees report by Council Member Doran .
    
   Resolution 23 - 046 .
     A motion was made by Council Member Tilton Byrne , seconded by Council Member Specker , that Resolution 23 - 046 , a Resolution Approving the Installation of a New Roofing System for the Swiftel Center Arena Roof , be approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Resolution 23 - 046 - A Resolution Approving the Purchase and Installation of a Flute Fill
   Overlay Re - Roofing Project for the Swiftel Center Arena Roof .
    
   Whereas , the Swiftel Center Arena roof was damaged in the 2022 derecho; and
    
   Whereas , a new roofing system was recommended by the City’s insurance provider; and
    
   Whereas , City staff reviewed alternative roofing systems and are recommending approval of a flute fill overlay of the existing steel roof; and
    
   Whereas , the proposed contract falls within the replacement cost value determined by
   the City’s insurance provider; and
    
   Whereas , Duro - Last , Inc . , is a member of The Interlocal Purchasing System ( TIPS )
   which is cooperative purchasing agency , and can provide the roofing material pursuant to a cooperative purchasing contract; and
    
   Whereas , Woodall Companies , the roofing company performing the project , has elite
   contractor status with Duro - Last , Inc . ;
    
   Now , Therefore , Be It Resolved that a contract with Duro - Last , Inc . through The Interlocal Purchasing System ( TIPS ) Contract #210205 in the amount of $1 , 298 , 782 . 34 is hereby approved for the re - roofing of the Swiftel Center Arena , and the City Manager and City Clerk are authorized to sign the documents required to complete this project .
    
   Resolution 23 - 045 .  A motion was made by Council Member Tilton Byrne , seconded by Council Member Wendell , that Resolution 23 - 045 , a Resolution Authorizing Change Order No . 1 for the Swiftel Center HVAC System Upgrade from Johnson Controls , Inc . be approved .  The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Resolution 23 - 045 - Resolution Authorizing Change Order No . 1 , for the
   Swiftel Center HVAC System Upgrade from Johnson Controls Inc .
    
   Be It Resolved by the City Council that the following change order be approved for the
   HVAC System Upgrade for the Swiftel Center:  Change Order Number 1: Adjust the total cost to $1 , 451 , 086 , an increase of $25 , 920 from the original amount of $1 , 425 , 166 . The additional cost accounts for the addition of two tankless instant hot water heaters on the northeast and northwest sides of the arena .
    
   FIRST READING – Ordinance 23 - 018 .  Introduction and First Reading was held on Ordinance 23 - 018 , an Ordinance Amending Article III of Chapter 42 of the Code of Ordinances of the City of Brookings , South Dakota . Second Reading and Action: May 23 , 2023 .
    
   Ordinance 23 - 017 .
     
   A motion was made by Council Member Doran , seconded by Council Member Specker , that Ordinance 23 - 017 , an Ordinance Authorizing Budget Amendment No . 4 to the 2023 Budget , be approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Ordinance 23 - 012 .
     A public hearing was held on Ordinance 23 - 012 , an Ordinance to Change the Zoning within the City of Brookings ( 20 . 28 acres along 20th Street South ) . A motion was made by Council Member Tilton Byrne , seconded by Council Member Wendell , that Ordinance 23 - 012 be approved . Public Comment: Angela Boersma , Justin Bucher , Boyd Eisenbraun , Jeannie Rossow , David Van Sambeek , and Rick Cameron . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Ordinance 23 - 013 .
     A public hearing was held on Ordinance 23 - 013 , an Ordinance to change the Zoning within the City of Brookings ( 2 . 85 acres located along 20th Street South ) .  A motion was made by Council Member Wendell , seconded by Council Member Tilton Byrne , that Ordinance 23 - 013 be approved . The motion carried by the
   following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Ordinance 23 - 014 .
     A public hearing was held on Ordinance 23 - 014 , an Ordinance to Change the Zoning Within the City of Brookings ( Cree Village Indian Hills Addition ) . A motion was made by Council Member Specker , seconded by Council Member Wendell ,
   that Ordinance 23 - 014 be approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Ordinance 23 - 015 .
     A public hearing was held on Ordinance 23 - 015 , an Ordinance to Change the Zoning Within the City of Brookings ( Prairie Hills Addition ) . A motion was made by Council Member Avery , seconded by Council Member Doran , that Ordinance
   23 - 015 be approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Ordinance 23 - 016 .
     A public hearing was held on Ordinance 23 - 016 , an Ordinance to Change the Zoning within the City of Brookings ( Prairie Hills Addition ) . A motion was made by Council Member Wendell , seconded by Council Member Rasmussen , that
   Ordinance 23 - 016 be approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   House Moving Request .
     A public hearing was held on a housemoving request to move a single - story residential home from 1218 6th Street to the property described as Lot 4 , Block 9 , Moriarty - Edgebrook Addition . A motion was made by Council Member Tilton Byrne , seconded by Council Member Specker , that the housemoving request be
   approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Temporary Alcohol Application .
     A public hearing was held on a Temporary Alcohol Application from the Brookings Cubs Baseball Group for a temporary alcohol license to operate within the City of Brookings , South Dakota for the 2023 Brookings Cubs Baseball Game Season to be held on at Bob Shelden Field , 530A Elm Avenue . A motion was made by Council Member Tilton Byrne , seconded by Council Member Doran , that the Temporary Alcohol Application be approved . The motion carried by the
   following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Temporary Alcohol Application .
     A public hearing was held on a Temporary Alcohol Application from the Brookings Area Chamber , to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on July 27 , and August 3 , 10 , 17 , and 24 , 2023 . A motion was made by Council Member Tilton
   Byrne , seconded by Council Member Wendell , that the Temporary Alcohol Application be approved . Public Comment: Kelsey Doom . The motion carried by the following vote:
   Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Preliminary Plat .
     A motion was made by Council Member Tilton Byrne , seconded by Council Member Wendell , that a Preliminary Plat for Blocks 1 and 2 in Trails Head
   Addition , be approved . The motion carried by the following vote:  Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Initial Development Plan .
     A motion was made by Council Member Wendell , seconded by Council Member Doran , that an Initial Development Plan for the Planned Development District of Blocks 1 and 2 of Trails Head Addition , be approved . Public Comment: Angela McKillip . The motion carried by the following vote:   Yes: 7 - Niemeyer , Wendell , Avery , Tilton Byrne , Specker , Doran , and Rasmussen .
    
   Adjourn .
     A motion was made by Council Member Tilton Byrne , seconded by Council
   Member Wendell , that this meeting be adjourned at 7:26 p . m .  The motion carried by a unanimous vote .
    
                                                                                       CITY OF BROOKINGS , SD
    
    
                                                                                       
                                                               
                                                                                       Oepke G . Niemeyer , Mayor
   ATTEST:
    
    
                                                   
   Bonnie Foster , City Clerk
   

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