HomeMy WebLinkAbout2024_09_24 CC MinutesBROOKINGS CITY COUNCIL
September 24, 2024
The Brookings City Council held a meeting on Tuesday, September 24, 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 Specker, that the agenda be approved. The motion carried by the following
vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent:
1 – Wendell.
Budget Workshop #2. The 2025 Budget Work Session #2 was held, covering the
following topics: Budget-in-Brief, 10-year Capital Improvement Plan, and Fee Schedule
updates.
Open Forum. Kara Rossi-Bianchi and Molly Richter expressed ongoing concerns with
the home located at 312 8th Street. There have been numerous violations of City Code
since early 2024, and the City has not enforced City Code. They asked the City to
enforce necessary violations today.
Council Member Brianna Doran shared the next Coffee with the City Council will
be held on September 27th from 11:00 am - 1:00 pm at Starbucks.
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: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
A. Action to approve the September 10, 2024 City Council Minutes.
B. Action on Temporary Alcohol / Special Event Licenses for existing alcohol
license holders: Sodexo Catering (License Holder RB-28249 and RW-28251): SDSU
TL24-073, SDSU TL24-074, SDSU TL24-075, SDSU TL24-076, SDSU TL24-077,
SDSU TL24-078, SDSU TL24-079, SDSU TL24-080, SDSU TL24-081; SDSU TL25-
003, SDSU TL25-004, SDSU TL25-005, SDSU TL25-006, SDSU TL25-007, SDSU
TL25-008, SDSU TL25-009, SDSU TL24-072.
Report: SDSU Student Association. Claire Koenecke, SDSU Students Association
Government Affairs Chair, reported on the latest events and developments at SDSU.
Presentation: Six-Mile Creek Feasibility Study. Charlie Richter, City Engineer,
presented the Six-Mile Creek Feasibility Study. The City has been working with
RESPEC Engineering to identify future improvements to Six-Mile Creek for reducing
flooding along the creek. Public Comment: Eric Witt, Water / Waste Water Manager for
Brookings Municipal Utilities.
Resolution 24-089. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Rasmussen, that Resolution 24-089, a Resolution Awarding Bids for
the 2024 Brookings Trails Project, be approved. The motion carried by the following
vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
RESOLUTION 24-089 - RESOLUTION AWARDING BIDS FOR THE 2024
BROOKINGS TRAILS PROJECT
WHEREAS, the City of Brookings opened bids for the 2024 Brooking Trails Project on
Tuesday, September 17, 2024 at 1:30 pm at the Brookings City and County
Government Center; and
WHEREAS, the City of Brookings has received the following bids: Timmons
Construction: $164,084.23; BX Civil & Construction: $284,000.00; and Clark Drew
Construction: $320,252.50
NOW, THEREFORE, BE IT RESOLVED that the total low bid of $164,084.23 for
Timmons Construction Inc., Brookings, SD be accepted.
Resolution 24-087. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-087, a Resolution Awarding Bids on Project
2025-09STI Concrete Maintenance Project, be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-087 - RESOLUTION AWARDING BID ON PROJECT 2025-9STI
CONCRETE MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for Project 2025-09STI Concrete
Maintenance on Tuesday, September 17, 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 2025-09STI
Concrete Maintenance Project from Timmons Construction, Inc., in the amount of
$298,549.50 and
WHEREAS, the low bid was approximately 2% lower than the Engineer’s Estimate.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the low bid of $298,549.50 be accepted; and
2. The City Manager is authorized to sign the contract documents for this project.
Resolution 24-088. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-088, a Resolution authorizing Change Order
No. 1 for 2024-09STI Concrete Maintenance Project; Timmons Construction, Inc.,
be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran,
Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-088 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
PROJECT 2024-09STI CONCRETE MAINTENANCE PROJECT
WHEREAS, the City of Brookings opened bids for the 2024-09STI Concrete
Maintenance Project on Tuesday, April 16, 2024 at 1:30 pm at the Brookings City and
County Government Center; and
WHEREAS, the City of Brookings awarded Timmons Construction, Inc the contract for
2024-09STI Concrete Maintenance project for their low bid of $523,490.00 at the April
23, 2024 City Council Meeting.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Change Order 1 totaling $22,914.50 for additional work be approved; and
2. The City Manager is authorized to sign the change order.
Resolution 24-086. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 24-086, a Resolution authorizing Change
Order No. 1 for 2024-06STI Chip Seal Project; Bituminous Paving, Inc., be approved.
The motion carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer,
Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-086 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
PROJECT 2024-06STI CHIP SEAL PROJECT
WHEREAS, the City of Brookings opened bids for the 2024-06STI Chip Seal Project on
Tuesday, March 26, 2024 at 1:30 pm at the Brookings City and County Government
Center; and
WHEREAS, the City of Brookings awarded Bituminous Paving, Inc the contract for
2024-06STI Chip Seal for their low bid of $523,490.00 at the April 2, 2024 City Council
Meeting.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Change Order 1 totaling $22,631.30 for additional work be approved; and
2. the City Manager is authorized to sign the change order.
FIRST READING – Ordinance 24-016. Introduction and First Reading was held on
Ordinance 24-016, an Ordinance Amending Division 3 - Speed and Related Offenses,
Section 82-305 – Speed Zones. Second Reading and Action: October 8, 2024.
FIRST READING – Ordinance 24-032. Introduction and First Reading was held on
Ordinance 24-032, an Ordinance to Rezone Lot 2 in Block 3B of Prairie Hills Addition
from a Planned Development District with Business B-2A Office District Underlaying
Zoning to a Planned Development District with Business B-2 District Underlaying
Zoning. Public Hearing and Action: October 8, 2024.
FIRST READING – Ordinance 24-033. Introduction and First Reading was held on
Ordinance 24-033, an Ordinance Amending Chapter 94, Article IV, Division 2, pertaining
to Section 94-165 Commercial Corridor Design Review Overlay District. Public Hearing
and Action: October 8, 2024.
FIRST READING – Ordinance 24-034. Introduction and First Reading was held on
Ordinance 24-034, an Ordinance Amending Chapter 94, Article VI, Division 3, pertaining
to Section 94-395 Projections of porches, decks, platforms and cantilevered floors.
Public Hearing and Action: October 8, 2024.
FIRST READING – Ordinance 24-035. Introduction and First Reading was held on
Ordinance 24-035, an Ordinance Amending Chapter 94, Article IV, Division 2, pertaining
to Section 94-163 Planned Development District (“PDD”). Public Hearing and Action:
October 8, 2024.
Ordinance 24-023. A protest hearing was held on Ordinance 24-023, an Ordinance to
Rezone the East 151 feet of Block 1 in Northern Plains Addition from a Business B-2A
Office District to a Residence R-2 Two-Family District. A motion was made by Council
Member Avery, seconded by Council Member Rasmussen, that Ordinance 24-023 be
approved. Public Comment: Kyle Rausch, Jason Flaskey, and Ron Stee. The motion
carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker,
Tilton Byrne, and Wendell.
Ordinance 24-024. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that TABLED ITEM: Public Hearing and Action on Ordinance
24-024, an Ordinance to permit by Conditional Use Permit townhouses on Blocks 3A
and 4 in Northern Plains Addition, City of Brookings, Brookings County, South Dakota,
be removed from the table. The motion carried by the following vote: Yes: 7 - Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
A public hearing was held on Ordinance 24-024, an Ordinance to permit by Conditional
Use Permit townhouses on Blocks 3A and 4 in Northern Plains Addition, City of
Brookings, Brookings County, South Dakota. A motion was made by Council Member
Tilton Byrne, seconded by Council Member Wendell, that Ordinance 24-024 be
approved. Public Comment: Kyle Rausch. The motion carried by the following vote:
Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
Ordinance 24-031. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that TABLED ITEM: Public Hearing and Action on Ordinance
24-031, an Ordinance establishing Reasonable Accommodations Pursuant to the
Federal Fair Housing Amendments Act of 1988, 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 Council Member
Wendell, to amend Ordinance 24-031, by striking the definition of sober house (Sec. 1-
13 (b) (c)), changing the 150 feet to 250 feet for notifications (Sec. 1-13 (d) (b)), and to
strike the limitation for sober house (Sec. 1-13 (g). The motion carried by the following
vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
A public hearing was held on Ordinance 24-031, an Ordinance establishing Reasonable
Accommodations Pursuant to the Federal Fair Housing Amendments Act of 1988. A
motion was made by Council Member Wendell, seconded by Council Member Avery,
that Ordinance 24-031 be approved, as amended. Public Comment: Kara Rossi-
Bianchi and Tom Bozied. The motion carried by the following vote: Yes: 7 - Avery,
Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
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. A motion was
made by Council Member Wendell, seconded by Council Member Tilton Byrne, to
schedule a special City Council Meeting at 6:00 p.m. on Thursday, October 3rd. Council
Member Wendell modified his motion to change the date to Monday, September 30th.
Council Member Tilton Byrne agreed. 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 Doran, that this meeting be adjourned at 8:00 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk