HomeMy WebLinkAbout2021_01_26 CC Minutes463
Brookings City Council
January 26, 2021
The Brookings City Council held a meeting on Tuesday, January 26, 2021 at 6:00 PM,
at the City & County Government Building Chambers with the following City Council
members present: Council Members Patty Bacon, Leah Brink, Joey Collins, Oepke
Niemeyer, Holly Tilton Byrne, and Nick Wendell. Absent: Mayor Keith Corbett. Council
Member Oepke Niemeyer presided over the meeting. City Attorney Steve Britzman, City
Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Council Member Brink, seconded by Council
Member Collins, to approve the Consent Agenda. The motion carried by the following
vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
3.A. Action to approve the agenda.
3.13. Action to approve the January 12 and January 19, 2021 City Council Minutes.
3.C. Action to abate property taxes in the amount of $1,779.39 for Parcel #40120-
00100-017-00, also known as 659 Faculty Drive, City of Brookings, owner. Legal
description: Lot 17 College Addition.
3.D. Action to abate property taxes in the amount of $1,455.94 for Parcel #40372-
00600-007-00, also known as 1719 Augusta Circle, Patrick J and Patricia Corey,
owners. Legal description: Lot 7 Block 6, Moriarty Edgebrook Addition.
3.E. Action to abate a portion of the 2021 Drainage Fee in the amount of $2,129.28
for Parcel Number 40316-00100-000-00, otherwise known as 241 34th Avenue,
Maize Properties, Inc., owner.
Introduction of new City of Brookings employee Street Department: Jeremy
Linstad has been hired as the new Street Department Manager.
Proclamation. Ashley Biggar, Downtown Brookings Director and Brookings Arts
Commission President, presented a Proclamation to Ashley Ragsdale, Brookings Arts
Council Director, recognizing January 26, 2021 as Brookings Arts Council Day.
Mayoral Proclamation
City of Brookings, South Dakota
Whereas, the Arts unite our community through a shared sense of understanding,
culture, and experience; and
Whereas, Brookings made #7 on the SMU DataArts Small Cities Arts Vibrancy Index
in 2019; and
Whereas, the Brookings Arts Council has encouraged community connections through
the Arts by providing a supportive environment for awareness, appreciation, and
participation since 1975; and
Whereas, the Brookings Arts Council enriches our community through exhibitions,
conversations with artists, and numerous programs, including Warrior's Rock for
Veterans, and Art Factory, a twice -weekly class for the adults of Advance; and
Whereas, the Brookings Arts Council is the 2021 recipient of the Governor's Awards in
the Arts for Outstanding Support of the Arts by an Organization or Business; and
Whereas, Ashley Ragsdale, Executive Director of the Brookings Arts Council since
July 2019, has gone above and beyond to strengthen, encourage, celebrate and
promote the Arts in Brookings.
Now, Therefore, I, Keith W. Corbett, Mayor of the City of Brookings, South Dakota, do
hereby proclaim Tuesday, January 26, 2021, as Brookings Arts Council Day.
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SDSU Students Association Report. Zebadiah Johnson, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
Open Forum. Bradley Walker expressed concerns regarding the video threshold
reports and hospitalization rates due to COVID-19 on the City's website.
FIRST READING — Ordinance 21-001. An introduction and first reading was held on
Ordinance 21-001, an Emergency Ordinance Amending Emergency Ordinance 20-029
to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis
and to Revise Certain Measures which are Necessary for the Immediate Preservation of
the Public Health, Safety, and Welfare of the City and are Necessary to Slow the
Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota.
Public Comment: Bradley Walker, Bill Alsaker, Jacob Wallace, and Joe Gilpin. Second
Reading: February 9, 2021.
A motion was made by Council Member Brink, seconded by Council Member Collins, to
allow the provisions of Ordinance 20-029 to expire on February 13th and modify
Ordinance 21-001 to leave the mask mandate in place and the language surrounding
exceptions for a period of 60 days, remove guidelines for businesses, and eliminate the
phrase in paragraph 8 "until immunity is achieved." The motion failed by the following
vote: Yes: 2 - Brink, and Collins; No: 4 - Niemeyer, Bacon, Wendell, and Tilton Byrne;
Absent: 1 — Corbett.
A motion was made by Council Member Brink, seconded by Council Member Wendell,
to amend Ordinance 21-001 and remove the phrase in paragraph 8 "until immunity is
achieved." Public Comment: Bradley Walker. The motion carried by the following vote:
Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
FIRST READING — Ordinance 21-002. An introduction and first reading was held on
Ordinance 21-002, an Ordinance Authorizing Supplemental Appropriation #1 to the
2021 Budget - Parts 1 and 2. Second Reading: February 9, 2021.
Resolution 21-008. A public hearing was held on Resolution 21-008, a Resolution
Levying Assessment for Project 2019-01 SWR, 2019 Sidewalk Repair Sites. A motion
was made by Council Member Brink, seconded by Council Member Wendell, that
Resolution 21-008 be approved. The motion carried by the following vote: Yes: 6 -
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 — Corbett.
Resolution 21-008 - A Resolution Levying Assessment for
Project 2019-01 SWR; 2019 Sidewalk Repair Sites
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project 2019-01 SWR, 2019 Sidewalk Repair Sites.
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized by Resolution 19-
043, which deem the work necessary and have found and determined that the
amount which each lot or tract will be benefited by the construction of the
sidewalk improvement heretofore designated as Concrete Maintenance Project
2019-01 SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project 2019-01 SWR is hereby
approved and the assessment thereby specified are levied against each and
every lot, piece or parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of
a statement of account by the City, shall be collected by the City in accordance
with the procedure for Plan One in Sections 9-43, South Dakota Compiled Laws
of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
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Resolution 21-009. A public hearing was held on Resolution 21-009, a Resolution
Levying Assessment for Project 2020-01 SWR, 2020 Sidewalk Repair Sites. A motion
was made by Council Member Wendell, seconded by Council Member Collins, that
Resolution 21-009 be approved. The motion carried by the following vote: Yes: 6 -
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 — Corbett.
Resolution 21-009 - A Resolution Levying Assessment for
Project 2020-01 SWR; 2020 Sidewalk Repair Sites
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project 2020-01 SWR, 2020 Sidewalk Repair Sites.
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized by Resolution 20-
052, which deem the work necessary and have found and determined that the
amount which each lot or tract will be benefited by the construction of the
sidewalk improvement heretofore designated as Concrete Maintenance Project
2020-01 SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project 2020-01 SWR is hereby
approved and the assessment thereby specified are levied against each and
every lot, piece or parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of
a statement of account by the City, shall be collected by the City in accordance
with the procedure for Plan One in Sections 9-43, South Dakota Compiled Laws
of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
On -Off Sale Malt License — SVK Properties, dba 4 Aces Casino, Suite A A public
hearing was held on a request for an On -Off Sale Malt License, with Video Lottery, for
SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite A,
legal description: N Y2 of Lot 12, S'/2 of Lot 13, Block 3, Folsom Addition. Pending
permit issuance and final inspection per the Community Development Department. A
motion was made by Council Member Collins, seconded by Council Member Wendell,
that the On -Off Sale Malt License be approved. The motion carried by the following
vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
Video Lottery Request — SVK Properties, dba 4 Aces Casino Suite A A public
hearing was held on a request for Video Lottery for SVK Properties, dba 4 Aces Casino,
Suite A, Todd Voss, owner, 141 Main Ave. So., legal description: N Y2 of Lot 12, S Y2 of
Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the
Community Development Department. A motion was made by Council Member Brink,
seconded by Council Member Wendell, that the Video Lottery request be approved. The
motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, and Collins; Absent: 1 — Corbett.
On -Off Sale Malt License — SVK Properties dba 4 Aces Casino Suite B. A public
hearing was held on a request for an On -Off Sale Malt License, with Video Lottery, for
SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite B,
legal description: N'/2 of Lot 12, S'/2 of Lot 13, Block 3, Folsom Addition. Pending
permit issuance and final inspection per the Community Development Department. A
motion was made by Council Member Collins, seconded by Council Member Wendell,
that the On -Off Sale Malt License be approved. The motion carried by the following
vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
Video Lottery Request — SVK Properties dba 4 Aces Casino Suite B. A public
hearing was held on a request for Video Lottery for SVK Properties, dba 4 Aces Casino,
Suite B, Todd Voss, owner, 141 Main Ave. So., legal description: N '/ of Lot 12, S Y2 of
Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the
Community Development Department. A motion was made by Council Member Brink,
seconded by Council Member Wendell, that the Video Lottery request be approved. The
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motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, and Collins; Absent: 1 — Corbett.
On -Off Sale Malt License — SVK Properties, dba 4 Aces Casino, Suite C. A public
hearing was held on a request for an On -Off Sale Malt License, with Video Lottery, for
SVK Properties, dba 4 Aces Casino, Todd Voss, owner, 141 Main Ave. So., Suite C,
legal description: N'/2 of Lot 12, S Y2 of Lot 13, Block 3, Folsom Addition. Pending
permit issuance and final inspection per the Community Development Department. A
motion was made by Council Member Wendell, seconded by Council Member Collins,
that the On -Off Sale Malt License be approved. The motion carried by the following
vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
Video Lottery Request — SVK Properties, dba 4 Aces Casino, Suite C. A public
hearing was held on a request for Video Lottery for SVK Properties, dba 4 Aces Casino,
Suite C, Todd Voss, owner, 141 Main Ave. So., legal description: N '/2 of Lot 12, S '/2 of
Lot 13, Block 3, Folsom Addition. Pending permit issuance and final inspection per the
Community Development Department. A motion was made by Council Member
Wendell, seconded by Council Member Brink, that the Video Lottery request be
approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, and Collins; Absent: 1 — Corbett.
2021 Outside Agency Funding Recommendations. A motion was made by Council
Member Brink, seconded by Council Member Collins, that the following 2021 Outside
Agency Funding Recommendations be approved: Brookings Area Transit Authority
$115,000; Boys & Girls Club $75,000; Brookings Crime Stoppers $2,000; Brookings
Empowerment Project $2,500; East Central CASA $3,000; Brookings County Youth
Mentoring $7,000; Helpline Center $1,000; Brookings Behavioral Health & Wellness
$20,000; Brookings Backpack Program $20,000; and Brookings Area Habitat for
Humanity $21,000. Public Comment: Bradley Walker and Heidi Gullickson. The motion
carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
and Collins; Absent: 1 — Corbett.
Preliminary Plat. A motion was made by Council Member Wendell, seconded by
Council Member Brink, that the Preliminary Plat for Lots 1-9, Block 3A and Lots 1-3,
Block 7, in Prairie Hills Addition be approved. Public Comment: Bradley Walker. The
motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, and Collins; Absent: 1 — Corbett.
Resolution 21-007. A motion was made by Council Member Wendell, seconded by
Council Member Brink, that Resolution 21-007, a Resolution authorizing the Retirement
of Brookings Municipal Utility Bonds, be approved. The motion carried by the following
vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
Resolution 21-007 - A Resolution Authorizing the Retirement of
Brookings Municipal Utility Bonds
Whereas, Brookings Municipal Utilities (BMU) has outstanding debt of $3,220,000 from
municipal tax exempt bonds issued in 2006; and
Whereas, the Brookings Municipal Utilities Board has determined that it is beneficial to
BMU to retire the above mentioned bonds issued in 2006; and
Whereas, the Brookings Municipal Utilities Board has further determined that there are
sufficient resources within the BMU fund balances to retire the debt outstanding from
the above mentioned bonds; and
Whereas, on January 11, 2021 the Brookings Municipal Utilities Board authorized the
Executive Vice President and General Manager of BMU to execute the documents
necessary to retire the outstanding debt from the municipal tax free bonds issued in
2006 by BMU Resolution No. 1-21; and
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Whereas, the City Council recognizes the benefit of the retirement of the 2006 bonds;
and
Whereas, this authorization by the City Council will facilitate the retirement of the 2006
bonds.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the retirement of Brookings Municipal Utility Bonds issued in 2006 is hereby
authorized; and
B. That the Mayor, City Clerk, and the Executive Vice President and General
Manager of BMU are authorized to execute the documents and notices required
to retire the 2006 Brookings Municipal Utility Bonds in accordance with this
Resolution
Resolution 21-010. A motion was made by Council Member Collins, seconded by
Council Member Brink, that Resolution 21-010, a Resolution Amending the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Corbett.
Resolution 21-010 - Resolution Amending the Consolidated Fee Schedule
Whereas, the City has adopted a Consolidated Fee Schedule, which sets various rates,
fees, and charges for services provided; and
Whereas, the adopted Municipal Code and City Policies make references to fees
charged; and
Whereas, it is prudent that the fees be reviewed for cost effectiveness.
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the amended
Consolidated Fee Schedule as defined in the attached schedule.
General Government
Fee Description
Resolution
City Code
Fee
Engineering - Residential Building Permit Fees
Youth
$ 90.00
Decks Per Square Foot
19-075
Sec. 22-35
$25.00
Finished Basement Per Square Foot - Existing
$570.00
$635.00
Individual
Construction
19-075
Sec. 22-35
$15.00
One-story detached accessory structure with
Family
$750.00
$815.00
floor area less than or equal to 200 Sq. Ft. to
$270.00
$300.00
Cart Membership (half cart - singles)
include Swimming Pools.
19-075
Sec. 22-35
$30.00
Edqebrook Golf Course Rates
Fee Description
Early Bird
Regular
Unlimited Golf
Youth
$ 90.00
$100.00
SeniorNeteran
$495.00
$550.00
Senior Couple
$570.00
$635.00
Individual
$585.00
$650.00
Couples
$660.00
$750.00
Family
$750.00
$815.00
Student/Young adult (14-23 Yrs)
$270.00
$300.00
Cart Membership (half cart - singles)
$290.00
$325.00
Cart Membership (full cart - couples/family)
$370.00
$425.00
Punch Cards - 10 punches
Green Fee - 9 Hole Rounds
$165.00
Green Fee - 18 Hole Rounds
$245.00
Par 3 Course Rounds
$ 50.00
Cart Fee - 9 Hole Rounds
$100.00
Cart Fee - 18 Hole Rounds
$245.00
Moo
Green Fees
9 holes
$
18.00
18 holes
$
27.00
9 holes (Weekday - SeniorNeterans)
$
15.00
18 holes (Weekday - SeniorNeterans)
$
23.00
Carts Fees
9 holes (per rider)
$
11.00
18 holes (per rider)
$
17.00
Driving Range
Bucket of range balls
$
5.00
Add on to membership - Individual
$160.00
Add on to membership - Family/Couple
$215.00
Resolution 21-011. A motion was made by Council Member Wendell, seconded by
Council Member Brink, that Resolution 21-011, a Resolution Authorizing the Mayor to
Execute a Property Transfer Agreement with the State of South Dakota, be approved.
The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell,
Tilton Byrne, and Collins; Absent: 1 — Corbett.
Resolution 21-011 - A Resolution Authorizing the Mayor to Sign
an Agreement with the State of South Dakota for
Property Transfer for the Future Right -of -Way of 24th Street
Whereas, the Brookings City Council desires the construction improvement of 24th
Street from 32nd Avenue to 34th Avenue in Brookings, SD; and
Whereas, the City of Brookings desires the State of South Dakota, Department of
Transportation dedicate forty feet (40') of right-of-way; and
Whereas, the City of Brookings is obligated and hereby agrees to the provisions
outlined in the "Property Transfer Agreement Between State of South Dakota,
Department of Transportation and City of Brookings.
Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to
sign the "Property Transfer Agreement Between State of South Dakota, Department of
Transportation and City of Brookings."
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City's activities and projects to the City Council and public.
COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the
City Council and public.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Collins, to enter into Executive Session at 7:33 p.m. pursuant to SDCL
1-25-2.1, for discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, when public discussion
may be harmful to the competitive position of the business, with the City Council, City
Manager, City Clerk, Mike Struck, Community Development Director, and Jackie
Lanning, City Engineer, present. The motion carried by a unanimous vote.
A motion was made by Council Member Brink, seconded by Council Member Wendell,
to exit Executive Session at 8:25 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Brink, seconded by Council Member
Collins, that this meeting be adjourned at 8:26 p.m. The motion carried by a unanimous
vote.
onnI.1ster, City Clerk
CITY OF BROOKINGS
Keith W. Corbett, Mayor