HomeMy WebLinkAbout2023_12_19 CC Minutes 356
Brookings City Council
December 19, 2023
The Brookings City Council held a meeting on Tuesday, December 19, 2023 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 Deputy
City Clerk DeShawn Scott were also present.
Agenda. A motion was made by Council Member Specker, seconded by Council
Member Doran, that the agenda be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Executive Session. A motion was made by Council Member Specker, seconded by
Council Member Wendell, to enter into Executive Session at 5:02 p.m., pursuant to
SDCL 1-25-2.1, for discussing the qualifications, competence, performance, character
or fitness of any public officer or employee or prospective public officer or employee.
The term, employee, does not include any independent contractor. The motion carried
by a unanimous vote. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, to exit Executive Session at 5:55 p.m. The motion
carried by a unanimous vote.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
A. Action to approve the December 12, 2023 City Council Minutes.
B. Action on Volunteer Board, Committee, and Commission appointments:
Brookings Disability Awareness Committee: reappoint Rachel Holm, Matthew Weiss,
and Ramona Kauk (terms expire 1/1/2027), appoint Jennifer Mees (term expires
1/1/20207); Business Improvement District#1 Board: reappoint Melisa Yager (term
expires 1/1/2027); Historic Preservation Commission: reappoint Jon Stauff, Janet
Merriman, and Janet Gritzner (terms expire 1/1/2027); Human Rights Commission:
reappoint Nieema Thasing and Carla Gatzke (terms expire 1/1/2027); Library Board:
reappoint Denise Hall (term expires 1/1/2027), and appoint Mark Binkley (term expires
1/1/2027); Planning Commission: reappoint Nick Schmeichel (term expires 12/31/2026),
and appoint Jacob Limmer and Debra Spear (terms expire 12/31/2026); Public Arts
Commission: reappoint Linda Purrington and Paula Carson (terms expire 1/1/2027);
Sustainability Council: reappoint Anthony Shanks, Kiley Rath, and Kyle Jamison (terms
expire 1/1/2027), and appoint Valentyna Stopul as the College Student Representative
(term expires 5/1/2024); Dacotah Bank Center Advisory Committee: reappoint Nick
Schmeichel (term expires 1/1/2027).
C. Action on appointment to the Airport Board: appoint Dan Krogstad (term expires
5/1/2024).
D. Action on annual renewals for Medical Cannabis Establishment Licenses in the
City of Brookings: Silver Creek Trading Co., dba Cannabis Connection (1304 6th
Street); and TK Cannabis LLC, dba Prairie Grass (310 7th Street West).
E. Action on Temporary Alcohol / Special Event Licenses for existing alcohol
license holders with events held on publicly owned property: Sodexo Catering
(License Holder RB-28249 and RW 28251): SDSU 24-TL001; SDSU 24-TL002; SDSU
24-TL003; SDSU 24-TL004; SDSU 24-TL005; SDSU 24-TL006; SDSU 24-TL007;
SDSU 24-TL008; SDSU 24-TL009.
F. Action on Resolution 23-118, a Resolution approving the use of the
BuyBoard Purchasing Cooperative.
Resolution 23-118 - Resolution approving the use of the BuyBoard Purchasing Cooperative
Whereas, the City of Brookings is requesting approval to become a member of the BuyBoard
Purchasing Cooperative; and
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Whereas, The Parks, Recreation and Forestry Department desires to utilize the BuyBoard
Purchasing Cooperative for purchases for the 2024 year where local businesses are unable to
meet or exceed state bid requirements; and
Now, Therefore, Be It Resolved, that the City of Brookings hereby authorizes the approval of
entering into a contract with the BuyBoard Purchasing Cooperative for purchases within the
2024 fiscal year.
G. Action on Resolution 23-119, a Resolution consenting to substitution of
NorthWestern Energy Public Service Corporation as the natural gas franchisee in
place of NorthWestern Corporation.
Resolution 23-119 - Resolution of the City of Brookings Consenting to Substitution of
Northwestern Energy Public Service Corporation as the Natural Gas Franchisee in
place of Northwestern Corporation
Whereas, the City of Brookings, South Dakota adopted Brookings Ordinance No. 23-
005 on February 28, 2023, authorizing NorthWestern Corporation to install, maintain
and operate a gas distribution system within the City of Brookings; and
Whereas, NorthWestern Corporation is in the process of completing a corporate
reorganization which was authorized by the South Dakota Public Utilities Commission
(Docket No. GE22-002); and
Whereas, the purpose of this Resolution is solely to approve the substitution of
NorthWestern Energy Public Service Corporation d/b/a NorthWestern Energy as the
Franchisee authorized to install, maintain and operate a gas distribution system within
the City of Brookings pursuant to the above-referenced natural gas franchise
Ordinance; and
Whereas, no change to the natural gas franchise Ordinance No. 23-005 as adopted is
required, and the performance of this natural gas franchise Ordinance will be otherwise
unaffected.
Now, Therefore, Be It Resolved that the City of Brookings hereby agrees and consents
to the substitution of NorthWestern Energy Public Service Corporation in place of
NorthWestern Corporation as the natural gas franchisee under Brookings Ordinance
No. 23-005, with no other change or consent by either party required.
Resolution 23-120. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 23-120, a Resolution Authorizing a two-year
Contract for Brookings City & County Lawn Care & Snow Removal Services, be
approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-120 - Resolution Awarding Bid on Brookings City & County
Lawn Care and Snow Removal Services
Whereas, the City of Brookings and Brookings County jointly solicited bids for a lawn
care and snow removal service contract, and opened bids for lawn care and snow
removal services on Tuesday, November 21, 2023 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings and Brookings County received a low bid for lawn care
and snow removal services from Razors Edge Lawncare, Inc., which provided the low
bid consisting of unit prices for each of the lawn care and snow removal services for the
following facilities: City and County Government Center; Brookings County Courthouse
and 1921 Building; Brookings Public Library; Brookings Activity Center and Arts Council
Building; and the Brookings Public Safety Building; and
Whereas, the City of Brookings and County of Brookings will each pay its respective
share for lawn care and snow removal services for its respective facilities; and
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Whereas, the lawn care and snow removal service contract will run from January 1,
2024 through December 31, 2025, and will be renewable for one additional year for
2026;
Now, Therefore, Be It Resolved that the low bid from Razor's Edge Lawncare, Inc. for
Brookings City & County lawn care and snow removal services is hereby accepted.
FIRST READING — Ordinance 23-038. Introduction and first reading was held on
Ordinance 23-038, an Ordinance to permit by Conditional Use a Kennel on Colburn
Tract of the Colburn-Hind Subdivision and Lot 2, Stewart's Addition, also known as 230
US Highway 14 Bypass. Public Comment: Shayna Rohl. Public Hearing and Action:
January 9, 2024.
Resolution 23-112. A public hearing was held on Resolution 23-112, a Resolution of
Intent to Lease Real Property at Brookings Regional Airport to Wilde Air Service, LLC.
A motion was made by Council Member Tilton Byrne, seconded by Council Member
Doran, that Resolution 23-112 be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-112 -A Resolution of Intent to Lease Real Property
at Brookings Airport to Wilde Air Service, LLC
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Wilde Air Service, LLC, for a period
of 25-years, commencing on January 1, 2024 and ending December 31, 2048 and
pertaining to the following described property: 8,960 square feet at the Brookings
Regional Airport, in Section 26 and 27, T11ON, R50W in the City of Brookings,
Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to annual increases of two percent (2%) per year and may be adjusted every five (5)
years by the Brookings City Council. The 2024 lease amount will be one thousand six
hundred forty-five dollars and six cents ($1,645.06).
Be It Further Noted, that a Public Hearing on this Resolution was held on December 19,
2023 at 6:00 o'clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings enter into a Lease Agreement with Wilde Air Service LLC
as set forth above; and
B. That the City Manager is authorized to execute the Lease Agreement in
accordance with this Resolution.
Resolution 23-113. A public hearing was held on Resolution 23-113, a Resolution of
Intent to Lease Real Property at Brookings Airport to United Development, LLC. A
motion was made by Council Member Wendell, seconded by Council Member Doran,
that Resolution 23-113 be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-113 -A Resolution of Intent to Lease Real Property at Brookings Airport
to United Development, LLC
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with United Development, LLC, for a
period of 25-years, commencing on January 1, 2024 and ending December 31, 2048
and pertaining to the following described property: 9,600 square feet on Site 511 at the
Brookings Regional Airport, in Section 26 and 27, T11 ON, R50W in the City of
Brookings, Brookings County, South Dakota.
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The lease will be payable annually by the last day of January of each year and subject
to annual increases of two percent (2%) per year and may be adjusted every five (5)
years by the Brookings City Council. The 2024 lease amount will be one thousand
seven hundred sixty-two dollars and fifty-six cents ($1,762.56).
Be It Further Noted, that a Public Hearing on this Resolution was held on December 12,
2023 at 6:00 o'clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings enter into a Lease Agreement with United Development,
LLC, as set forth above; and
B. That the City Manager is authorized to execute the Lease Agreement in
accordance with this Resolution.
Resolution 23-115. A public hearing was held on Resolution 23-115, a Resolution of
Intent to Lease Real Property at Brookings Regional Airport to LNJ Farms & Ranch. A
motion was made by Council Member Specker, seconded by Council Member Doran,
that Resolution 23-115 be approved. The motion carried by the following vote: Yes: 7 -
Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-115 - Resolution of Intent to Lease Real Property to LNJ Farms & Ranch
for Agricultural Haying in Sections 26, 27 and 35, T11ON, R50W, in the City of
Brookings (Brookings Regional Airport)
Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City
of Brookings intends to enter into a Lease with LNJ Farms & Ranch for a period of one
(1) year, commencing January 1, 2024 and ending December 31, 2024, with LNJ
Farms & Ranch having the option to renew this Lease for two (2) additional one (1)
year terms. This lease pertains to the following described property: the designated
hay land, consisting of Three Hundred Fourteen (314) acres more or less, in Sections
26, 27 and 35- T110N-R50W, in the City of Brookings, Brookings County, South
Dakota.
The Lessee will pay the City One Hundred Forty-Three Dollars and One Cent
($143.01) per acre for the hay land ($44,905.14) with the first half payable on July 1st of
each year and the second half payable on November 1st of each year.
A Public Hearing on this Resolution was held on December 19, 2023 at 6:00 o'clock
P.M. in the Chambers of the City & County Government Center and all persons were
given an opportunity to be heard on this Resolution of the Intent to Lease Real
Property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings enter into a Lease Agreement with LNJ Farms & Ranch
as set forth above; and
B. That the City Manager is authorized to execute the Lease Agreement in
accordance with this Resolution.
Tax Increment District#11 Addendum. A motion was made by Council Member
Wendell, seconded by Council Member Doran, that the addendum to the Developer
Agreement for Tax Increment District#11 be approved. The motion carried by the
following vote: Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
Resolution 23-117. A motion was made by Council Member Specker, seconded by
Council Member Tilton Byrne, that Resolution 23-117, a Resolution dissolving Tax
Increment District#5, be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
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Resolution 23-117 - Resolution Dissolving Tax Increment District Number Five
of the City of Brookings, South Dakota
Whereas, the City of Brookings created Tax Increment District Number Five on
September 13, 2011; and
Whereas, under SDCL §11-9-46 a tax incremental district shall terminate when either
(1) the positive tax increments are no longer allocable to a district under § 11-9-25 or (2)
the governing body, by resolution, dissolves the district, after payment or provision for
payment of all project costs and all tax incremental bonds and notes of the district; and
Whereas, all project costs incurred or obligations issued pledging tax increment
revenues have been satisfied.
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota as follows:
Section 1. Termination. Tax Increment District Number Five shall be terminated as of
the date of this resolution.
Section 2. Allocation of Tax Increment Fund. Any moneys remaining in the Tax
Increment Number Five fund, shall be paid to the treasurer of the county, school district,
or other tax-levying municipality or to the general fund of the municipality in such
amounts as belong to each respectively, having due regard for what portion of such
moneys, if any, represents tax increments not allocated to the municipality and what
portion thereof, if any, represents voluntary deposits of the municipality into the fund.
Section 3. Authorization of Officers. The officers of the city shall take such action as is
necessary to carry out the intent of this resolution.
Progress Report. Samantha Beckman, Assistant to the City Manager, provided a
progress report highlighting the City's activities / projects.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Doran, to enter into Executive Session at 6:29 p.m., pursuant to
SDCL 1-25-2.1, for discussing the qualifications, competence, performance, character
or fitness of any public officer or employee or prospective public officer or employee.
The term, employee, does not include any independent contractor. The motion carried
by a unanimous vote. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Wendell, to exit Executive Session at 7:28 p.m. The motion carried
by a unanimous vote.
Resolution 23-116. A motion was made by Council Member Specker, seconded by
Council Member Doran, that Resolution 23-116, a Resolution Amending the City
Manager's Contract for 2024, be approved. The motion carried by the following vote:
Yes: 7 -Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Resolution 23-116 - Resolution Approving the
City Manager's Employment Agreement for 2024
Whereas, the City Council annually approves an Employment Agreement for the City
Manager for the ensuing year; and
Whereas, the position of City Manager is a position appointed by the City Council and
the City Council desires that Paul Briseno continue as the City Manager for the City of
Brookings; and
Whereas, the City Council has determined it is appropriate to increase the City
Manager's salary Four percent (4%), resulting in a total annual salary for 2024 of
$176,911.73; and
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Whereas, the City Council has also determined it is appropriate to provide the City
Manager a one-time compensation supplement for 2023 in the sum of$1,400.00, which
is an amount of compensation which is consistent with the city employee one-time
compensation supplement for the year 2023; and
Whereas, the City Manager Employment Agreement shall also provide that the City
Manager shall be eligible to receive a cost-of-living increase, bonus and pay range
adjustments in the same manner as other City employees; and
Whereas; the City Council has reviewed and approves the employee benefits provided
to the City Manager pursuant to the proposed City Manager Employment Contract;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, that the City Manager Employment Agreement, reflecting the
compensation and benefits set forth herein, is hereby approved, and the Mayor and City
Clerk are authorized to execute the City Manager Employment Agreement on behalf of
the City of Brookings.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 7:34 p.m. The motion carried by a
unanimous vote.
CITY JOGS, SD
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ATTEST: Oepke . Niemeyer, tApyor
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i. Oter, City Clerk