HomeMy WebLinkAbout2025_04_15 CC MinutesBROOKINGS CITY COUNCIL
April 15, 2025
The Brookings City Council held a meeting Tuesday, April 15, 2025 at 5:00 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, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul
Briseno, City Attorney Steve Britzman and City Clerk Bonnie Foster were also present.
Election Canvass. Bonnie Foster, City Clerk, presented the Canvass for the April 8th
Municipal Election.
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: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
Study Session – Discussion with applicants for the vacant City Council Member
position. Applicants Al Austreim, Larry Ayres, Lisa Hager, Michael Lambertus, and
Zeno Wicks III provided information and responded to questions from the City Council.
Applicant Blake Stevens withdrew his application. Public Comment: Tim Gutormson,
Jeff West, John Mills, David Kneip, Zeno Wicks III, Mike McClemans, and Jane Payfer.
The City Council is scheduled to vote on the appointment at the April 22, 2025 City
Council meeting.
Open Forum. Reggie Huff expressed concerns the City of Brookings is deficient in
being welcoming and respectful of others.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Specker, that the consent agenda be approved. The motion carried by
the following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and
Wendell.
A. Action to approve the March 25 and April 10, 2025 City Council Minutes.
B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders: Sodexo Catering (License Holder RB-28249
and RW-28251): SDSU TL25-035, SDSU TL25-036, SDSU TL25-037, SDSU TL25-038,
SDSU TL25-039, SDSU TL25–040 through 042, SDSU TL25-043 through 046.
C. Action on Resolution 25-028, a Resolution Canvassing the April 8, 2025
Municipal Election.
RESOLUTION 25-028 - CANVASSING THE APRIL 8, 2025 MUNICIPAL ELECTION
WHEREAS, on the 8th day of April, 2025, there was held in the City of Brookings, South
Dakota, an election for the purpose of electing two 3-year term Council Members and
City Charter Amendments; and
WHEREAS, the judges and clerks of said election have returned to the City Council of
the City of Brookings the official results for the purpose of the Official Canvass; and
WHEREAS, the City Council on April 15, 2025 has canvassed the results for the
purpose of determining the official election outcome; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings,
South Dakota that the official vote at the City Election held April 8, 2025 was as follows:
(Note: 209 School-only ballots were cast in this election.)
D. Action on Resolution 25-012, a Resolution authorizing the City Manager to sign
an On-Sale Liquor Operating Agreement renewal for MG Oil Company, dba The
Lanes, Marilyn Erickson and Troy Erickson, owners, 722 Western Avenue,
Brookings, South Dakota.
RESOLUTION 25-012 - ON-SALE LIQUOR OPERATING AGREEMENT - 5-YEAR
MID-TERM RENEWAL; THE LANES
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 MG Oil Company, dba The
Lanes, Marilyn Erickson and Troy Erickson, owners, 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 722 Western Avenue. Legal description: Lots 1 and 2, Block 1,
Snyder’s Addition.
City Council
3-Year Term (2)
Al
Austreim
Bonny
Specker
Holly
Tilton Byrne
Total Votes
Cast
Total Ballots
Cast
Vote Center 1 204 293 310 807 536
Vote Center 2 362 352 344 1,058 691
Vote Center 3 165 124 141 430 299
Vote Center 4 0 0 0 0 38
Absentee Vote Center 510 588 578 1,676 1,138
TOTAL 1,241 1,357 1,373 3,971 2,702
City Charter
Amendments For Against Total Votes
Cast
Total Ballots
Cast
Vote Center 1 351 97 448 536
Vote Center 2 414 177 591 691
Vote Center 3 160 76 236 299
Vote Center 4 0 0 0 38
Absentee Vote Center 623 260 883 1,138
TOTAL 1,548 610 2,158 2,702
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
the remaining 5 years of the 10-year Agreement.
E. Action on Resolution 25-016, a Resolution authorizing the City Manager to sign
an On-Sale Liquor Operating Agreement renewal for Wonder, Inc., dba The Wild
Hare, Todd Voss and Bob Winter, and Ann Park owners, 303 3rd Street,
Brookings, South Dakota. Legal description: West 75’ of Lots 20 and 21, Block 3,
Original Plat Addition.
RESOLUTION 25-016 - ON-SALE LIQUOR OPERATING AGREEMENT RENEWAL
WONDER, INC., DBA THE WILD HARE
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 Wonder, Inc., dba The Wild
Hare, Todd Voss and Bob Winter, and Ann Park, owners, 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 303 3rd Street.
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.
F. Action on Resolution 25-024, a Resolution Awarding the Bid for Portable Litter
Control Fences.
RESOLUTION 25-024 - RESOLUTION AWARDING BID FOR
PORTABLE LITTER CONTROL FENCES
WHEREAS, the City of Brookings utilizes portable litter fences to control wind-blown litter at the
Brookings Regional Landfill; and
WHEREAS, the City opened bids for Portable Litter Control Fencing on Tuesday, March 11,
2025 at 1:30 pm at Brookings City & County Government Center; and
WHEREAS, Metta Technologies, Inc. submitted the lowest responsive bid in the amount of
$74,000; and
WHEREAS, the 2025 adopted budget includes $90,000 for this purchase under fund 625 –
Solid Waste Disposal.
NOW, THEREFORE BE IT RESOLVED the lowest responsive bid of $74,000 from Metta
Technologies, Inc. be accepted.
Report: SDSU Student Association. Anna Hundt, SDSU Student’s Association
Government Affairs Chair, provided an update on SDSU current affairs.
Report: City Council Ex-Officio Reports. A Brookings Municipal Utility Board report
was given by Council Members Avery. A Brookings Health Systems Board of Trustees
report was given by Council Member Doran.
Update: Downtown Fire. Jacob Meshke, Deputy City Manager, provided an update
on the December 2024 Downtown Fire.
Resolution 25-033. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 25-033, a Resolution Authorizing Naming the
Fire Training Tower in the City of Brookings, be approved. The motion carried by the
following vote: Yes: 6 - Avery, Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-033 - A RESOLUTION AUTHORIZING NAMING THE FIRE
TRAINING TOWER IN THE CITY OF BROOKINGS
WHEREAS, City Council Policy #303 defines a process for the naming of certain public
spaces or improvements; and
WHEREAS, the City Council has received a request to name the Training Tower at the
Fire Training Site, located at 1519 32nd Street South, in honor of Fire Chief Pete Bolzer;
and
WHEREAS, Chief Bolzer has provided 25 years of exemplary service and dedication to
the City of Brookings, and a total of 45 years of service in the field of emergency
services; and
WHEREAS, Chief Bolzer will be retiring April 30, 2025; and
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings
that the Training Tower at the Fire Training Site be named in honor of Fire Chief Pete
Bolzer.
FIRST READING – Ordinance 25-011. Introduction and First Reading was held on
Ordinance 25-011, an Ordinance amending Chapter 6, Article I, Section 6-8 of the Code
of Ordinances of the City of Brookings pertaining to Sidewalk Café Alcoholic Beverage
Sales and Consumption Guidelines. Second Reading and Action: April 22, 2025.
Resolution 25-032. A public hearing was held on Resolution 25-032, a Resolution
Determining the Necessity of Repairing and Installing Sidewalks in the City of Brookings
at the expense of abutting property owners; 2024-01 SWR Concrete Maintenance
Project. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Specker, that Resolution 25-032 be approved. The motion carried by the
following vote:
RESOLUTION 25-032 - A RESOLUTION DETERMINING THE NECESSITY OF
REPAIRING OR INSTALLING SIDEWALKS IN THE CITY OF BROOKINGS AT THE
EXPENSE OF ABUTTING PROPERTY OWNERS; 2024-01SWR CONCRETE
MAINTENANCE PROJECT
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as
follows:
1. It is hereby determined sidewalk repairs or installation is necessary for parcels
and lots of land in the City described in the Notice to Property Owners attached
to this Resolution and marked as 2024-01SWR Concrete Maintenance Project.
2. Such sidewalks shall be installed to the width and of the materials prescribed by
Chapter 74, “Streets, Sidewalks and other Public Places” and Article V.
“Sidewalks”, and to the grade and in accordance with the Plans and
Specifications prepared in the office of the City Engineer.
3. The method of assessment to abutting property owners for the repair or
installation of sidewalk is as follows: such assessments, unless paid within 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 Section 9-
43-102, South Dakota Compiled Laws of 1967, as amended, with interest of
4.27% set by the City’s Special Assessment Policy on the unpaid balance.
Assessments amounting to less than $300.00 shall be paid in one payment.
4. The City has mailed a copy of this proposed Resolution and a Notice to Property
Owners to each property owner by certified mail.
Resolution 25-035. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 25-035, a Resolution Setting Forth a
Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings,
South Dakota, be approved. The motion carried by the following vote: Yes: 6 - Avery,
Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-035 - A RESOLUTION SETTING FORTH A SCHEDULE OF
PROPOSED FINES FOR VIOLATIONS OF THE ORDINANCES OF THE CITY OF
BROOKINGS, SOUTH DAKOTA.
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that
the following Schedule of Proposed Fines shall be effective as prescribed by law for all
violations of the Ordinance set forth below.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs Total
Violations of Flood Damage Prevention Ordinances
Chapter 38 Flood Damage Prevention Ordinances
Ord. Violations 38-31 through 38-55
First Offense $300.00 $72.50 $372.50
Second Offense $400.00 $72.50 $472.50
Third Offense $500.00 $72.50 $572.50
Resolution 25-031. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 25-031, a Resolution Authorizing the
Acquisition of Real Property for 20th Street South / 22nd Avenue South Intersection
Improvements, be approved. The motion carried by the following vote: Yes: 6 - Avery,
Doran, Niemeyer, Specker, Tilton Byrne, and Wendell.
RESOLUTION 25-031 - RESOLUTION AUTHORIZING THE ACQUISITION OF REAL
PROPERTY FOR 20TH STREET SOUTH / 22ND AVENUE SOUTH INTERSECTION
IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows:
WHEREAS, for the purpose of acquiring real property for possible 20th Street South / 22nd
Avenue South Intersection improvements, the City of Brookings desires to acquire the following
described property:
Approximately 7,938 square feet, more or less, in the area of the 20th Street South / 22nd
Avenue South Intersection, and located upon the following property:
Lot H-2 in the Southeast Quarter (SE¼) of Section Thirty-six (36), Township One
Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of
Brookings, County of Brookings, State of South Dakota; and
WHEREAS, the City of Brookings has determined that the above-described property is
necessary to facilitate the construction of additional right-of-way in the location
described above; and
WHEREAS, the above-described real property has been the subject of negotiations
between the City of Brookings and the Paul E. Moriarty Living Trust, and an agreement
as to a purchase price of $158,522.50 will allow the City to acquire the necessary right-
of-way to complete the above-described improvements.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
A. That the City of Brookings acquire title to the above-described real property from
the Paul E. Moriarty Living Trust for the purposes set forth herein; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute the documents required to complete the acquisition of real property in
accordance with this Resolution.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Wendell, to enter into Executive Session at 7:59 p.m., pursuant to
SDCL 1-25-2.1, for the purpose of 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 Specker, to exit Executive Session at 8:20
p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Wendell, that this meeting be adjourned at 8:20 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk