HomeMy WebLinkAbout2022_03_08 CC Minutesiviel,
Brookings City Council
March 8, 2022
The Brookings City Council held a meeting on Tuesday, March 8, 2022 at 5:30 PM, at
the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink,
Patty Bacon, Nick Wendell, Holly Tilton Byrne, Joey Collins, and Wayne Avery. City
Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster
were also present.
6:00 PM REGULAR MEETING
Agenda. A motion was made by Council Member Wendell, seconded by Council
Member Tilton Byrne, that the agenda be approved. The motion carried by the following
vote: Yes: 6 — Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —
Avery.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Brink, to enter into Executive Session at 5:31 p.m. pursuant to
SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or contractual
matters. Present: City Council, City Manager, City Attorney, City Clerk, Assistant City
Manager Jacob Meshke, City Engineer Charlie Richter, and Lee Kaffar, HDR, Inc. The
motion carried by a unanimous vote.
A motion was made by Council Member Brink, seconded by Council Member Tilton
Byrne, to exit Executive Session at 5:50 p.m. The motion carried by a unanimous vote.
Consent Agenda. A motion was made by Council Member Brink, seconded by Council
Member Tilton Byrne, that the consent agenda be approved. The motion carried by the
following vote: Yes: 6 — Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins;
Absent: 1 —Avery.
A. Action to approve the February 22, 2022 City Council Minutes.
B. Action on Resolution 22-020, a Resolution declaring surplus property for the
City of Brookings.
Resolution 22-020 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Brookings Municipal Liquor Store: (8) Wine Racks
Brookings Public Library: HP Envy 45 20 printer (does not work); Lectern; 19
Makerspace Computer Lab Chairs; 2 cold laminators (unknown if they work)
Brookings Police Department — Abandoned Bikes: Genesis Saber 200, Gray/Chrome,
#2226; Roadmaster Granite Peak, Gray, #2180; —Huffy Rock Creek, Red, AL13A039518,
#2132; Trek Mountain Track, Purple, BJ -0415, #2133; Hyper HAVOC, Black,
TY19H0127371 #2126; Mongoose Excursion, Black/Silver, #2369; Roadmaster
Grandpeak, Blue/White, SNFSD14KL7348, #2156; Trek Alpha, Gray/Black,
WTU285C2104C, #2210; Next Terra, Purple, LBH2452G, #2172; YBike Extreme,
Orange/Black, #2250; Raleigh Grand Touring, Green, #2343; Huffy Tundra, Blue/Pink,
266126016, #2346; Roadmaster Grandpeak, Black/Blue, SNFSD21AK1563, #2362;
Roadmaster Granite Peak, Black/Gray, NFSDA6FJ1752, #2200; Roadmaster Granite
Peak, Turquoise, #2222; Schwinn Transit, Green, F96115778, #2323; Roadmaster
Peak, Black/Blue, SNFSD18DD6413, #2128; Schwinn Delmar, Blue/Pink,
SNFSD13CG7199, #2388; Giordano rs700, Red/White, 1161201439, #2353;
Roadmaster, Black/Blue, *2178; Schwinn Mesa, Yellow/Red, M81_126628, #2325; Big
Wheel Powder Puff, Pink/Blue, #2238; Next PX4.0, Black, LWCN101072, #2148;
Thruster Pro20FS, Blue; Roadmaster Sport, Purple/Silver, K2GK01 1202, #2261; Huffy
Storm, White/Purple, #2314; Roadmaster Ground Assault, Gray/Black, #2136; Genesis
Next, Teal, DJJB106132, #2361.
Park & Recreation Dept.: 2011 John Deere Z920A 60" zero -turn mower, Serial
#ITC920ACHBT020190; Case 580 Super E Backhoe 4 -wheel drive; PIN #9869245;
1996 F150 Rx4 with utility box, VIN #IFTEF14NOTLA60766; Arrow Master F36
WE$
Concrete Power Trowel, Model #F3644-5, Serial #997F4557; Kelly Screedmatic
Concrete Power Screed; 25 — 10' x 611 steel concrete forms; Mb 40 inch walk -behind
broom, Serial #10-1914; Thompson Ice Edger, Model T-18, Serial #11423; 2 Kayaks -
Hobie Mirage Revolution 13 Blue, Serial # US — HCCZ1690313, and Wilderness
Systems Ride 115 — Blue, Serial #WEMAC2LBH213.
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.
C. Action on Resolution 22-021, a Resolution authorizing the City Manager to sign
an On -Sale Liquor Operating Agreement renewal for David Olson, Inc., dba
Danny's, David Olson, owner, 703 Main Avenue South, Brookings, South Dakota,
legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outiot P, and
the south 40' of the vacated street.
Resolution 22-021 - On -Sale Liquor Operating Agreement — 5 -year mid-term renewal
David Olson, Inc., dba Danny's
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the On -Sale Operating Alcohol Management
Agreement for Liquor between the City of Brookings and David Olson, Inc., dba
Danny's, David Olson, owner, for the purpose of a liquor manager to operate the on -
sale establishment or business for and on behalf of the City of Brookings at 703 Main
Avenue South. Legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of
Outlot P, and the south 40' of the vacated street.
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 a period of five (5)
years.
D. Action on Resolution 22-022, a Resolution authorizing the City Manager to sign
a Wine Operating Agreement renewal for Cenex Zip Trip #64, CHS, Inc., owner,
3045 LeFevre Drive. Legal description: Lot 6, North 225 feet of the East 30 feet of
Lot 7, LeFevre Addition.
Resolution 22-022 - Wine Operating Agreement — 10 -year renewal
CHS, Inc., Cenex Zip Trip #64
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal for the Wine Operating Management Agreement between
the City of Brookings and Cenex Zip Trip #64, CHS, Inc., owner, for the purpose of a
manager to operate the on -sale establishment or business for and on behalf of the City
of Brookings at 3045 LeFevre Drive. Legal Description: Lot 6, North 225 feet of the
East 30 feet of Lot 7, LeFevre Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a
mid-term renewal in five (5) years.
E. Action on volunteer board, committee, and commission appointments.
Brookin.gs Disability Awareness Committee: Appoint Michelle Johnson and Ali
Teesdale (terms expiring 1/1/2023); Historic Preservation Commission: Appoint Samuel
Krueger (term expires 1/1/2025); Library Board: Appoint Linda Richter (term expires
1/1/2025); Public Arts Commission: Appoint Paula Carson (term expires 1/1/2024);
Sustainability Council: Appoint Samuel Krueger and Bruce Pengra (terms expire
1/1/2025).
F. Action to abate property taxes in the amount of $12,474.18 for Parcel #40473-
01800-001-00, Brookings Futbol Club, owner. Legal description: Lot 1 of Block 18
of Prairie Hills Addition.
G. Action to abate property taxes in the amount of $48.26 for Parcel #40621-
01200-007-00, Brookings Habitat for Humanity, owner. Legal description: Lot 7 of
Block 12 of Timberline Addition.
H. Action to abate property taxes in the amount of $48.26 for Parcel #40621-
01200-006-00, Brookings Habitat for Humanity, owner. Legal description: Lot 6 of
Block 12 of Timberline Addition.
I. Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-
002-00, Brookings Habitat for Humanity, owner. Legal description: Lot 2 of Block
15 of Timberline Addition.
J. Action to abate property taxes in the amount of $67.56 for Parcel #40621-01500-
001-00, Brookings Habitat for Humanity, owner. Legal description: Lot 1 of Block
15 of Timberline Addition.
K. Action to abate property taxes in the amount of $42.38 for Parcel #40621-
01500-003-00, Brookings Habitat for Humanity, owner. Legal description: Lot 3 of
Block 15 of Timberline Addition.
L. Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-
004-00, Brookings Habitat for Humanity, owner. Legal description: Lot 4 of Block
15 of Timberline Addition.
M. Action to abate property taxes in the amount of $42.38 for Parcel #40621-
01500-005-00, Brookings Habitat for Humanity, owner. Legal description: Lot 5 of
Block 15 of Timberline Addition.
N. Action to cancel the March 15, 2022 City Council Study Session.
Update: Black History Month Public Library Programming. The Brookings Public
Library received a grant from the American Library Association to host Black History
Month events and a community conversation. Mikaela Neubauer, Community Services
Coordinator at the Brookings Public Library, provided an overview of the Library's grant -
funded Black History Month events and reported on the outcome of the Library's "More
Than a Month" Community Conversation.
Ordinance 22-007. A public hearing was held on Ordinance 22-007, an Ordinance to
Change the Zoning within the City of Brookings, rezoning Tract 1 Mendel Family
Addition from Agricultural A District to Business B-3 Heavy District. A motion was made
by Council Member Wendell, seconded by Council Member Tilton Byrne, that
Ordinance 22-007 be approved. The motion carried by the following vote: Yes: 6 —
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 —Avery.
(Council Member A vetyjoined the meeting at 6:17 p.m.)
Ordinance 22-009. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, to approve the Planned Development District Zoning
Element of Ordinance 22-009, and return the initial development plan back to the
Planning Commission. Public Comment: Seth Skogen. The motion carried by the
following vote: Yes: 7 — Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and
Avery.
Ordinance 22-010. A public hearing was held on Ordinance 22-010, an Ordinance to
Change the Zoning within the City of Brookings, rezoning Outlot 1 excluding the North
40 feet and excluding H-1 in the North East Quarter Section 1-T109N-R50W in the City
of Brookings, Brookings County, South Dakota from Agriculture A District to Business B-
2 District; the North 325 feet of Lot 1 Richard Price First Addition from Residence R -3A
Apartments/Mobile Homes/Manufactured Housing District to Business B-2 District; and
the South 325 feet of the North 365 feet of the North East Quarter excluding Platted
Areas in Section 1 -T1 09N-R50W in the City of Brookings, Brookings County, from
Residence R-3 Apartment District to Business B-2 District. A motion was made by
Council Member Collins, seconded by Council Member Brink, that Ordinance 22-010 be
approved. The motion carried by the following vote: Yes: 7 — Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, Collins, and Avery.
Ordinance 22-008. A motion was made by Council Member Brink, seconded by
Council Member Bacon, that Ordinance 22-008, an Ordinance Authorizing
Supplemental Appropriation #2 to the 2022 Budget - Parts 1,20, be approved. The
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motion carried by the following vote: Yes: 7 — Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, Collins, and Avery.
Adioun. A motion was made by Council Member Wendell, seconded by Council
Member Tilton Byrne, that the meeting be adjourned at 6:45 p.m. The motion carried by
a unanimous vote.
CITYIBR04Ir S
ATTEST:
9
Oster, City Clerk
06p-kff G. NiemeyerMyor