Brookings City Council
September 13, 2022
The Brookings City Council held a meeting on Tuesday, September 13, 2022 at 5:15 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell, Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present.
Agenda. A motion was made by Council Member Avery, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Budget Workshop #1. Jacob Meshke, Assistant City Manager, and Erick Rangel, Chief Financial Officer, presented the proposed 2023 Budget to the City Council and public. Budget Workshop #1 focused on a budget overview, operating budget, long-term financial plan, and outside agency funding requests.
Open Forum. Jeanette Gibbons expressed COVID concerns for the Brookings Community which is still operating under Resolution 21-072, passed August 2021, and concerns regarding the upcoming SDSU COVID vaccination drive.
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 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
A. Action to approve the 8/23/2022 City Council Minutes.
B. Action on Resolution 22-070, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Skinners Pub, Inc., Greg and Shari Thornes, owners, 300 Main Avenue, Brookings, South Dakota. Legal description: Lots 1-2, Block 2, Original Plat Addition.
Resolution 22-070 - On-Sale Liquor Operating Agreement – 10-year renewal
Skinner’s Pub, Inc.
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 Skinner’s Pub, Inc., Greg and Shari Thornes, 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 300 Main Avenue. Legal description: Lots 1-2, Block 2, Original Plat Addition.
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
mid-term renewal in five years.
C. Action on Resolution 22-071, a Resolution declaring surplus property for the City of Brookings.
Resolution 22-071 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings:
Brookings Police Department: 2019 Dodge Charger (#03), Serial #: 2C3CDXKT9KH699584; 2020 Ford Explorer (#05), Serial #1FM5K8AW5LGC48723; 2020 Ford Explorer (#06), Serial #1FM5K8AW7LGC48724.
Engineering Dept.: old wood drafting table
Brookings Public Library: HP Color Laserjet Pro (doesn’t work properly), Brother HL L6400dw (doesn’t work properly), Clarify Vision Magnifier, 18” tall wooden seat on wheels, small filing cabinet, 2 sets of metal desk drawers (desks do not have tops).
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.
D. Action to cancel the September 20, 2022 City Council Study Session.
Introduction: Public Works Director. Jacob Meshke, Assistant City Manager, introduced new Public Works Director John Thompson.
Recognition: National Police Woman Day. Monday, September 12, 2022 was US National Police Woman Day. The Brookings Police Department would like to thank all the women serving the Department. Mayor Niemeyer presented a Proclamation to Chief Drake in recognition of National Police Woman Day.
The City of Brookings Police Department recognized Police Officer Jorrie Hart
with a plaque for her continued service to the City of Brookings, and the Brookings Community. She has been with the Brookings Police Department for 7 years.
MAYORAL PROCLAMATION
Whereas, the Brookings Police Department values the benefits of a diverse workforce
and is committed to becoming more representative of the community; and
Whereas, the recent Brookings Center for Public Safety Management study called for
greater investment in attaining a diverse workforce especially focusing on attaining
female officers; and
Whereas, only 12% of officers and 3% of police leaders are women; and
Whereas, research shows women officers use less force, less excessive force, are
perceived as more honest and compassionate, make fewer discretionary arrests, and see better outcomes for crime victims, especially in sexual assault cases; and
Whereas, the Brookings Police Department is committed to the 30 x 30 Initiative goals
to increase women in police recruitment classes to 30% by 2030 and ensure policies and cultures intentionally support the success of qualified women officers throughout their careers.
Now, Therefore, Be It Resolved that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim Tuesday, September 13, 2022 as Police Woman Day.
Report: SDSU Student Association. SDSU Student Association Government Affairs Chair, Erika Van Nieuwenhuyse, provided an update on SDSU happenings to the City Council and members of the public.
Resolution 22-075. A motion was made by Council Member Wendell, seconded by Council Member Collins, that Resolution 22-075, a Resolution Authorizing Change Order No. 1(Final) for 2022-06STI, Chip Seal Project; TopKote, Inc., be approved. The
motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Resolution 22-075 - Resolution Authorizing Change Order No. 1 (Final)
for 2022-06STI Chip Seal Project; Topkote, Inc.
Be It Resolved by the City Council that the following Change Order be allowed for
2022-06STI Chip Seal Project: Construction Change Order Number 1 (Final): Adjust
plan quantities to as-constructed quantities for a total increase of $6,859.70 to close out
the project.
Resolution 22-076. A motion was made by Council Member Doran, seconded by Council Member Collins, that Resolution 22-076, a Resolution Rejecting Bids on 2022-03SSI Harvey Dunn Street Storm Sewer Improvements, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Resolution 22-076 - Resolution Rejecting Bids on Project 2022-03SSI Harvey Dunn Street Storm Sewer Improvements
Whereas, the City of Brookings opened bids for Project 2022-03SSI Harvey Dunn Street
Storm Sewer Improvements on Tuesday, August 16, 2022 at 1:30 pm at the Brookings
City & County Government Center; and
Whereas, the City of Brookings received the following bid for the 2022-03SSI Harvey
Dunn Street Storm Sewer Improvements: Bowes Construction - $438,756.55; and
Whereas, the low bid was approximately 48% higher than the Engineer’s Estimate.
Now, Therefore, Be It Resolved that the low bid of $438,756.55 from Bowes Construction be rejected.
FIRST READING – Ordinance 22-031. Introduction and first reading was held on Ordinance 22-031, an Ordinance certifying the 2023 City of Brookings Property Tax Levy to the Brookings County Finance Officer. Second Reading and Action: September 27, 2022.
FIRST READING – Ordinance 22-032. Introduction and First Reading on Ordinance 22-032, an Ordinance authorizing Budget Amendment No. 8 to the 2022 Budget. Second Reading and Action: September 27, 2022.
Resolution 22-073. A public hearing was held on Resolution 22-073, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. A motion was made by Council Member Avery, seconded by Council Member Doran, that Resolution 22-073 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
(Resolution 22-073 was published separately from City Council Minutes on 9/16/2022.)
Resolution 22-074. A public hearing was held on Resolution 22-074, a Resolution Relating to the Improvement of Drinking Water Facilities; Authorizing and Directing the Issuance and Sale of a Revenue Bond to Pay the Cost of Said Improvements; Defining the Terms and Manner of Payment of the Bond and the Security Thereof and Approving the Form of Loan Agreement. A motion was made by Council Member Doran, seconded by Council Member Avery, that Resolution 22-074 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
(Resolution 22-074 was published separately from City Council Minutes on 9/16/2022.)
Ordinance 22-030. A public hearing was held on Ordinance 22-030, an Ordinance pertaining to the Unlawful Use of Dynamic Braking Devices. A motion was made by Council Member Wendell, seconded by Council Member Doran, that Ordinance 22-030 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
House Moving Request. A public hearing was held on a house moving request for a single-story residential home from 1218 6th Street to the property described as Lot 3A, Block 9, Moriarty-Edgebrook Addition. A motion was made by Council Member Doran,
seconded by Council Member Avery, that the house moving request be approved. Public Comment: Jenna Schulte. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Resolution 22-072. A motion was made by Council Member Doran, seconded by Council Member Wendell, that Resolution 22-072, a Resolution Waiving Building Permit Fees for 15th Street South / 7th Avenue South Workforce Housing Project, be approved.
The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; No: 1 – Collins.
(Resolution 22-072 was published separately from City Council Minutes on 9/16/2022.)
Council Member Introduction of Topics for Future Discussion.
A motion was made by Council Member Specker, seconded by Council Member Tilton Byrne, to request an October 11th Budget Work Session for additional discussion on outside agency funding. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to ask staff review Code Section 22-233 and if it is possible change the public hearing process to an administrative process for moving permit applications which involve a dwelling originally constructed on-site and previously occupied and is to be moved within city limits. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
A motion was made by Council Member Specker, seconded by Mayor Niemeyer, to ask staff to look at a solution for not recording or rebroadcasting the Open Forum portion of the City Council Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; No: 1 – Collins.
Executive Session. A motion was made by Council Member Collins, seconded by Council Member Wendell, to enter into Executive Session at 7:12 p.m., pursuant to SDCL 1-25-2.3, for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters, and SDCL
1-25-2.5, for discussing marketing or pricing strategies by a board or commission
of a business owned by the state or any of its political subdivisions, when public
discussion may be harmful to the competitive position of the business. Present:
City Council, City Attorney, Assistant City Manager, City Clerk, Erick Rangel, Chief
Financial Officer, and Michael Logan, Swiftel Center General Manager. 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 7:38 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 7:38 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk