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HomeMy WebLinkAbout2025_09_23 CC Minutes94 BROOKINGS CITY COUNCIL September 23, 2025 The Brookings City Council held a joint meeting with the Brookings County Commission on Tuesday, September 23, 2025 at 5:30 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, Lisa Hager, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. County Commission Members present: Larry Jensen, Dave Miller, and Kelly Vanderwal. City Attorney Vince J. Jones, and City Clerk Bonnie Foster were also present. Absent: County Commission members: Shawn Hostler and Doug Post; and City Manager Paul Briseno. 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: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A motion was made by County Commissioner Miller, seconded by County Commissioner Vanderwal, that the agenda be approved. The motion carried by the following vote: Yes: 3 -Jensen, Miller, and VanderWal; Absent: 2 -Hostler and Post. Ordinance 25-028. A public hearing was held on City of Brookings Ordinance 25-028 and Brookings County Commission Ordinance 2025-05, an Ordinance to Change the Zoning within the Joint Jurisdiction Area of the City of Brookings and Brookings County (NE¼, NE¼, Excluding H-1 & That Part East and North of H-1 in Section 14, Township 109, Range 50, also known as 21625 471 st Avenue, from a Joint Jurisdiction Business JJ-B3 Heavy District to a Joint Jurisdiction Industrial JJ-I1 Light District). A motion was made by Council Member Wendell, seconded by Council Member Doran, that Ordinance 25-028 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, Wendell. A motion was made by County Commissioner Post, seconded by County Commissioner Miller, that Ordinance 2025-04 be approved. The motion carried by the following vote: Yes: 3 - Jensen, Miller, and Vanderwal; Absent: 2 -Hostler, and Post. Adiourn the Joint Meeting. A motion was made by Council Member Specker, seconded by Council Member Wendell, that this portion of the Joint Meeting be adjourned at 5:35 p.m. The motion carried by a unanimous vote. A motion was made by County Commissioner Miller, seconded by County Commissioner Vanderwal that this portion of the Joint Meeting be adjourned at 5:35 p.m. The motion carried by a unanimous vote. (A brief recess began at 5:35 p.m. to end the joint portion of the meeting, dismissing the County Commission. The City Council reconvened at 5:40 p.m.) Budget Workshop #2. The 2025 Budget Workshop #2 was held, covering the following topics: 10-Year Capital Improvement Plan (CIP), and Consolidated Fee Schedule. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the consent agenda be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A. Action to approve the September 9, and September 16, 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 TL25-082, SDSU TL26-002, SDSU TL26-003, SDSU TL25-083, SDSU TL25-084, SDSU TL26-004, SDSU TL26-006, SDSU TL26-007, SDSU TL26- 008, and SDSU TL26-009. C. Action on appointments to the Public Arts Commission: appoint Donna Merket (term expires 1/1/2026), and Matt Linder (term expires 1/1/2027). D. Action on an appointment to the Human Rights Commission: appoint Sydnie Peters (term expires 1/1/2026). Proclamation: Stormwater Awareness Week. Mayor Niemeyer presented a Proclamation to City Engineer Charlie Richter, Public Works Director John Thompson, Assistant City Engineer Thad Drietz, Engineering Technician Sean Doremus, Communications Specialist Jessica Welu-Fawcett, and Public Information Officer Sherry Fuller-Bordewyk recognizing September 22-26 as Stormwater Awareness Week MAYORAL PROCLAMATION WHEREAS, stormwater runoff in Brookings impacts water quality and flooding in the Big Sioux River Watershed; and WHEREAS, population growth, residential and commercial development, and the resulting changes to the landscape will only increase stormwater quality and quantity concerns in South Dakota; and WHEREAS, these impacts cannot be entirely avoided or eliminated but can be minimized; and WHEREAS, it is currently recognized that control of stormwater quantity and quality is most effectively implemented when people and organizations understand the related causes and consequences of polluted stormwater runoff and flooding, and the actions they can take to control these; and WHEREAS, Stormwater Awareness Week is an opportunity for local governments, businesses, and environmental groups to highlight the importance of preventing stormwater pollution and managing stormwater runoff to our rivers, lakes, streams, and our neighbors. NOW, THEREFORE, I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim the week of September 22nd -26th as Stormwater Awareness Week, and urge all residents, businesses, and visitors to participate in responsible stormwater choices to protect our waterbodies. Report: SDSU Student Association. Anna Hundt, SDSU Student's Association Government Affairs Chair, provided an update on SDSU current affairs. Presentation: 2025-2026 Food Waste Composting Pilot Program. Charlie Kuhn, Brookings Regional Landfill Director, presented information on the City's 2025-2026 Food Waste Composting Pilot Program. Resolution 25-080. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 25-080, a Resolution Awarding Bids on 2025- 03SWR 20th Street South Shared Use Path Phase 2 Project, be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-080 -RESOLUTION AWARDING BIDS ON 2025-03SWR 20th STREET SOUTH SHARED USE PATH PHASE 2 PROJECT WHEREAS, the City of Brookings opened bids for 2025-03SWR 20th Street South Shared Use Path Phase 2 Project on Tuesday, September 16, 2025 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following low bid for the 2025-03SWR 20th Street South Shared Use Phase 2 Project from Timmons Construction, Inc., in the amount of $288,722.06. WHEREAS, the low bid was approximately 28% lower than the Engineer's Estimate. 95 96 NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the low bid of $288,722.06 for Timmons Construction, Inc., be accepted. 2. The City Manager is authorized to sign the contract documents for this project and any further contract documents and change orders which may be required. FIRST READING -Ordinance 25-032. Introduction and First Reading was held on Ordinance 25-032, an Ordinance to Rezone the West Half of the Northwest Quarter, Excluding Platted Areas in Section 20, Township 110, Range 49 from Agriculture (A) District to an Industrial (1-1) Light District. Public Hearing and Action: October 14, 2025. Resolution 25-081. A public hearing was held on Resolution 25-081, a Resolution Levying Assessment for Concrete Maintenance Project No. 2024-09STI. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 25-081 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-081 -RESOLUTION LEVYING CONCRETE MAINTENANCE PROJECT 2024-09STI BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council adopted Resolution of Necessity 24-016 and has made all investigation which it deems necessary and has found and determined the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project No. 2024-09STI is the amount stated in the proposed assessment roll; and 2. The assessment for Concrete Maintenance Project No. 2024-09STI is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described; and 3. The assessment shall be divided into five (5) equal annual installments; and 4. Such assessments, unless paid within thirty (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 Sections to 9-43-51, South Dakota Compiled Laws of 1967, as amended; and 5. Interest of 7.98% percent per annum shall accrue on the unpaid balance of the assessment. Assessments amounting to less than $300.00 shall be paid in one payment. On-Off Sale Malt License. A public hearing was held on a request to transfer an On- Off Sale Malt License, for 929-931 25th Avenue, from Dennis Bielfeldt, owner, Den Wil Hospitality Group, Inc., dba Wilbert's, to SND LLC, dba Comfort Suites University/ Domellie's I Domellie's Events, Dennis Bielfeldt and Timothy Swenson, owners. A motion was made by Council Member Specker, seconded by Council Member Doran, that the On-Off Sale Malt License transfer be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Resolution 25-079. A public hearing was held on Resolution 25-079, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Wine Operating Agreement with SND LLC, dba Comfort Suites University/ Domellie's I Domellie's Events, Dennis Bielfeldt and Timothy Swenson, owners. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 25-079 be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-079 -ON-SALE WINE OPERATING AGREEMENT - 10-YEAR AGREEMENT: SND LLC dba Comfort Suites University / Domellie's / Domellie's Events 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 owner Dennis Bielfeldt and Timothy Swenson, SND LLC, dba Comfort Suites University / Domellie's I Domellie's Events, 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 929-931 25th Avenue. Legal description: Lot 3 and 3A, Block 2, Telkamp Addition, City of Brookings, Brookings County, South Dakota. 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 10-years, with a 5-year mid-term renewal. Resolution 25-082. A public hearing was held on Resolution 25-082, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Convention Liquor Operating Agreement with SND LLC, dba Comfort Suites University / Domellie's I Domellie's Events, owners Dennis Bielfeldt and Timothy Swenson. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 25-082 be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-082 -ON-SALE CONVENTION LIQUOR OPERATING AGREEMENT -10-YEAR AGREEMENT: SND LLC dba Comfort Suites University / Domellie's I Domellie's Events BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves an Operating Alcohol Management Agreement for Convention Liquor between the City of Brookings and owners Dennis Bielfeldt and Timothy Swenson, SND LLC, dba Comfort Suites University / Domellie's / Domellie's Events, 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 929-931 25th Avenue. Legal description: Lot 3 and 3A, Block 2, Telkamp Addition, City of Brookings, Brookings County, South Dakota. 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 10-years, with a 5-year mid-term renewal. Resolution 25-078. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 25-078, a Resolution Authorizing the Licensing of The Flower Shop LLC as a Medical Cannabis Dispensary in the City of Brookings, be approved. The motion carried by the following vote: Yes: 7 -Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 25-078 -A RESOLUTION AUTHORIZING THE LICENSING OF THE FLOWER SHOP LLC AS A MEDICAL CANNABIS DISPENSARY IN THE CITY OF BROOKINGS WHEREAS, The Flower Shop LLC, submitted an Application and Application Fee for a Medical Cannabis Dispensary License to the City of Brookings; and WHEREAS, the City of Brookings has reviewed The Flower Shop LLC Medical Cannabis Dispensary License Application, and has determined the Application satisfies the requirements of Ordinance 21-028, an Ordinance establishing procedures for the Licensing of Medical Cannabis Establishments in the City. NOW, THEREFORE, BE IT RESOLVED as follows: 1) That a City of Brookings Medical Cannabis Dispensary License be issued to The Flower Shop LLC, subject to an inspection by the City of Brookings prior to The Flower Shop LLC, commencing operations; and 2) That an inspection of The Flower Shop LLC facilities and review of their operational plans be completed by the City Manager or his authorized representative(s} following completion of their facility and prior to operation, with operation contingent upon satisfactory inspection results; and 3) That a City of Brookings Medical Cannabis Program Licensing Certification and a South Dakota Medical Cannabis Program Local Government Compliance Certification be issued by the City Clerk; and 97 98 4) That the South Dakota Department of Health be furnished all documents pertaining to The Flower Shop LLC Application and City of Brookings Medical Cannabis Dispensary License. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City's initiatives and projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that this meeting be adjourned at 6:55 p.m. The motion carried by a unanimous vote. /') 1 CITY or s · , ·"" ATTEST: /:~~~ ;;;;;;; I~~---Bqn~1.ec.f"oster, City Clerk 7. o • ~~ ...... 0~ l c· "'~ £' .,..~ · \ ~ ~ <, 0 : .:-, i \<2~~---.. :fl:./J ,,;;.°~City'.t;(Brookings Volunteer List -as per Resolution 16-025 (Addendum to the September 23, 2025 City Council Minutes.) Brookings City Library Volunteers: Cheryl Riley, Sarah Schultz, Diane Smart, Taryn Yttrie. Brookings City Fire Department Volunteers: Major Anderson, Preston Anderson , John Austin, Kevin Banken, Alex Berkness, Pete Balzer, Derek Brown, Dan Bruna, Nick Casstevens, Tom Coughlin, Mandi Cramer, Roger DeBates, Austin Gieseke, Scott Hallan, Bill Hardin, Drew Harding -NEW-Effective 9/9/2025, Marty Hendricks, Troy Herrig, Justin Heyer, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim Kriese, Brett Lawrence, Brandon Long, Jaque Mann, Joshua Mann, Logan Melberg, Gatlin Miller, Nick Oines, Steven Rensink, Connor Ringling, Jared Runge, Tim Rynearson, Audree Schaefer, Rob Schuneman, Jeremy Scott, Jesse Seas, Joseph Sheeley, Lucas Speakman, Shannon Stuefen, Curt Teal, Anthony Teesdale, Adam Vaux, Nicholas Voichahoske . Brookings City Park & Recreation Volunteers: Matthew Albritton, Tynna Bain, Matthew Bowman, Cody Burggraff, Samuel Clement, Woodrow Dahl, Travis Erickson, Matthew Filed, Nathan Harrington, Nathan Hilbrands, Dillon Howe, Matthew Hupf, Cameron Jones, Brandon Karels, Connor Landberg, Bo McCloud, Chad Nicola, Cody Miller, Lisa Robinson, Seth Sayler, Joseph Schumacher, Christina Silva, Andrew Wright, Nicole Yseth .