HomeMy WebLinkAbout2024_10_22 CC MinutesBROOKINGS CITY COUNCIL
OCTOBER 22, 2024
The Brookings City Council held a meeting on Tuesday, October 22, 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 Wendell, that the agenda be approved. The motion carried by the following
vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and
Wendell.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, 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 October 8 and October 15, 2024 City Council Minutes.
B. Action on Resolution 24-090, a Resolution declaring surplus property for the
City of Brookings.
RESOLUTION 24-090 - DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Fire Department: (1) 2004 Denon Dolby A/V Receiver (Serial # 4073300641), (1)
Sanborn 80 Gallon 220-Volt Air Compressor (Serial # I1520407), (1) 2017 Staber
Industries; Ready Rack PPE Extractor (Serial # J18013235), (1) 2018 Staber Industries;
Ready Rack PPE Extractor (Serial # J18013235), (1) 2018 Staber Industries; Ready
Rack PPE Extractor (Serial # J18013236)
Edgebrook Golf Course: 1,169.2 lbs. of used Range Balls; Gil-Co 6-foot 3-point Seeder,
Serial #5185, and 2006 Ford Ranger XLT, VIN 1FTYR14U06PA24746 (96,664 miles.
Parks & Recreation Department: Landpride 3-point 6-foot Rake, Serial #240209; Skid
Steer Backhoe attachment; 2006 FFC 10-foot Snowplow, Serial #F053848; Gorman-
Rupp large water pump with 4-cylinder motor, Serial #243886; Chest-style Deep
Freezer, Serial #14107073 BM; Poulan Pro rear-tine Tiller, Serial #050207T001381;
2013 Hustler 104 Mower, Serial #13051398 (3766 hours); New Roll-up Door (7 foot 10
inches x 4 foot 1 inch), Serial #569963; and an 8-ton engine hoist (cylinder leaks).
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 to add a Special City Council Meeting on Tuesday, October 29, 2024 at
6:00 p.m.
Proclamation: National Disability Employment Awareness Month. Mayor
Niemeyer presented a proclamation recognizing October as National Disability
Employment Awareness Month. Brookings Disability Awareness Committee Members
Mark Sternhagen and Matthew Weiss accepted the proclamation.
MAYORAL PROCLAMATION
WHEREAS, National Disability Employment Awareness Month is commemorating its
79th anniversary of educating about disability employment issues and celebrating the
many and varied contributions of America's disabled workers; and
WHEREAS, NDEAM is led by the U.S. Department of Labor's Office of Disability
Employment Policy, but its true spirit lies in the many observances held at the
grassroots level across the nation every year; and
WHEREAS, Employers of all sizes and in all industries are encouraged to participate in
NDEAM; and
WHEREAS, Workplaces welcoming of the talents of all people, including disabled
people, are a critical part of our efforts to build an inclusive community and strong
economy.
NOW, THEREFORE, I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby
proclaim October 2024 as National Disability Employment Awareness Month, and I call
upon employers, schools and other community organizations in Brookings to observe
this month with appropriate programs and activities, and to advance its important
message that disabled people are equal to the task throughout the year.
Proclamation: First-Generation College Celebration Day. Mayor Niemeyer
presented a proclamation recognizing November 8th as First-Generation College
Celebration Day. Linde Murray, SDSU Student Success Center, accepted the
proclamation.
MAYORAL PROCLAMATION
WHEREAS, the Council for Opportunity in Education has declared an annual
First-Generation College Celebration each year in November to celebrate the passing of
the Higher Education Act of 1965, which expanded opportunities for low-income and
first-generation populations; and
WHEREAS, education is a priority in Brookings, South Dakota; and
WHEREAS, first-generation students and alumni exhibit resilience on their paths to
earning a degree; and
WHEREAS, first-generation students and alumni make important contributions to the
Brookings community.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim Friday, November 8, 2024 as First-Generation College
Celebration Day.
Report: SDSU Student Association. Claire Koenecke, SDSU Students Association
Government Affairs Chair provided an update on SDSU current affairs.
Reports: City Council Ex-Officio Reports. A Brookings Municipal Utility Board report
was given by Council Member Avery. A Brookings Health Systems Board of Trustees
report and a SDSU Student’s Association Report was given by Council Member Doran.
Resolution 24-095. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 24-095, a Resolution authorizing Change
Order No. 1 for Project 2024-05STI Structure No. 06-160-152 Replacement Project;
Austreim Excavating, Inc., be approved. The motion carried by the following vote: Yes:
7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-095 - RESOLUTION AUTHORIZING CHANGE ORDER #1 FOR
STRUCTURE NO. 06-160-152 REPLACEMENT PROJECT
WHEREAS, the City of Brookings opened bids for the Structure No. 06-160-152
Replacement Project on Tuesday, August 6, 2024 at 1:30 pm at the Brookings City and
County Government Center; and
WHEREAS, the City of Brookings awarded Austreim Excavating, LLC the contract for
Structure No. 06-160-152 Replacement Project for their low bid of $166,489.94 at the
April 13, 2024 City Council Meeting; and
WHEREAS, during construction the contractor discovered concrete underneath the
asphalt pavement which needed to be removed, which also increased the amount of
asphalt needed to tie the project back into the existing roadway; and
WHEREAS, the contract with Austreim Excavating, LLC needs to be amended to
account for the additional work.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Change Order 1 totaling $21,670.09 for additional work be approved; and
2. The City Manager or his designee is authorized to sign the change order.
FIRST READING – Ordinance 24-037. Introduction and First Reading was held on
Ordinance 24-037, the 2025 Appropriation Ordinance. Second Reading and Action:
November 12, 2024.
Ordinance 24-036. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Ordinance 24-036, an Ordinance Authorizing Budget
Amendment No. 9 to the 2024 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne,
and Wendell.
On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale
Malt License, for Kwik Trip, Inc., dba Kwik Star #1718, located at 2016 20th Street
South. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Specker, that the On-Off Sale Malt License be approved. Public Comment:
Joe Stortz, District Leader, and Kaleb Malakowsky, Store Leader. The motion carried
by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
Resolution 24-092. A public hearing was held on Resolution 24-092, a Resolution
authorizing the City Manager to enter into an On-Off Sale Wine Operating Agreement
for Kwik Trip, Inc., dba Kwik Star #1718, located at 2016 20th Street South, Brookings,
South Dakota. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 24-092 be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-092 - WINE OPERATING AGREEMENT – NEW 10-YEAR
AGREEMENT - Kwik Trip, Inc., dba Kwik Star #1718
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Alcohol Management Agreement for Wine between the City of
Brookings and Scott Zietlow, President, Kwik Trip, Inc., dba Kwik Star #1718, 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 2016 20th Street South. Legal description: Lot
3, Block 4, Southland Addition, City of Brookings, Brookings County, South Dakota.
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 10 years, with a 5-year
mid-term renewal.
Resolution 24-076. A motion was made by Council Member Rasmussen, seconded by
Council Member Avery, that TABLED ITEM: Action on Resolution 24-076, a Resolution
Adopting the Downtown Brookings Master Plan, be removed from the table. The motion
carried by the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker,
Tilton Byrne, and Wendell.
Cory Scott, Senior Partner, RDG Planning & Design, presented additional information
on the Downtown Brookings Master Plan to the City Council. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution
24-076, a Resolution Adopting the Downtown Brookings Master Plan, be approved.
Public Comment: Kirsten Gjesdal. The motion carried by the following vote: Yes: 7 -
Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton Byrne, and Wendell.
RESOLUTION 24-076 - RESOLUTION ADOPTING
THE DOWNTOWN BROOKINGS MASTER PLAN
WHEREAS, the City Council of the City of Brookings, SD received a presentation on the
proposed Downtown Brookings Master Plan; and
WHEREAS, the Downtown Brookings Master Plan assesses each of the five subareas
within the boundaries of downtown, and assesses development and mobility
opportunities for each; and
WHEREAS, the Downtown Brookings Master Plan will be utilized as a resource for the
City Council to further pursue a downtown revitalization initiative.
NOW, THEREFORE, BE IT RESOLVED, that the Downtown Brookings Master Plan is
hereby adopted for the City of Brookings. The Downtown Brookings Master Plan shall
be on file in the Office of the City Clerk and is available for public inspection by any
interested person.
Resolution 24-094. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Doran, that Resolution 24-094, a Resolution Transferring Budget
Authority between City Departments and Funds, be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-094 - A RESOLUTION TRANSFERRING BUDGET AUTHORITY
BETWEEN CITY DEPARTMENTS AND FUNDS
WHEREAS, the City of Brookings hereby transfers City Manager’s Contingency Funds
to fund unplanned operational obligations of the municipality and transfers budget
authority between departments to account for changes in expenditure management.
This resolution is for the purpose of completing a transfer of Contingency Funds to the
following accounts:
454 Forestry
101-454-5-101-01 Temporary Pay $20,000
213 CIP Fund
213-000-5-940-04 Park & Rec Improvements $ 1,000
417 General Government Buildings
101-417-5-425-05 Maintenance Building $25,000
Total Transfers $46,000
The Financing Sources for this transfer are from the following accounts:
101-452-5-101-01 Temporary Pay $20,000.00
101-495-5-856-20 BDAC $ 1,000.00
213-000-5-911-00 Buildings Sinking Fund $25,000.00
Total Sources of Funding $46,000.00
WHEREAS, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
Resolution 24-091. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that Resolution 24-091, a Resolution Authorizing Special
Assessments for Snow Removal and Lawn Care, be approved. The motion carried by
the following vote: Yes: 7 - Avery, Doran, Niemeyer, Rasmussen, Specker, Tilton
Byrne, and Wendell.
RESOLUTION 24-091 - RESOLUTION AUTHORIZING SPECIAL ASSESSMENTS
FOR SNOW REMOVAL AND LAWN CARE
WHEREAS, the City Manager has submitted to the City Council Special Assessments
against the owner and legal description listed below as herein after set out for weed
removal and snow removal fees.
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, these
fees be assessed, in accordance with South Dakota Codified Law 9-32-12 as follows:
Name Property Address Description Amount
Jamison, Amanda 521 12th Street South #15 Lawn Care $280.00
Knudsen, David 914 2nd Street Snow Removal $185.00
Burroughs, Bryon 1038 7th Avenue Lawn Care $285.00
Crawford, Matthew 2220 Primrose Drive Lawn Care $285.00
Denoncourt, Jesse 911 3rd Avenue Lawn Care $595.00
Gauer, Brock 314 5th Avenue South Lawn Care $285.00
Hazzard, Holly 521 12th Street South #69 Lawn Care $285.00
Murray Investments LLC 109 7th Street Lawn Care $180.00
Murray Investments LLC 708 Main Avenue Lawn Care $200.00
Murray Investments LLC 323 Thunder Lane Lawn Care $285.00
Murray Investments LLC 108 West Folsom Street Lawn Care $200.00
Preliminary Plat. A motion was made by Council Member Wendell, seconded by
Council Member Specker, that the Preliminary Plat for Lot 1 in Block 1 of Moriarty
Edgebrook Second Addition, be approved. 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 Specker, seconded by Council Member Doran, to have future
Study Session topics on Zoning and the difference between Planned Development
Districts and Commercial Overlay Districts, and a refresher on Tax Improvement
Financing Districts. 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 7:21 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk