Brookings City Council Meeting – May 7, 2024

The Brookings City Council met in a joint session with the County Commission at 5:30 PM, followed by a regular meeting at 6:00 PM on May 7, 2024. The meeting included the swearing-in of elected officials, a rezoning ordinance, numerous consent agenda items, proclamations, reports, contract awards, budget amendments, and discussions on liquor license fees and a property nuisance abatement.

Consent Calendar

• City Council meeting minutes (April 23, 2024) approved.
• Annual Malt Beverage Alcohol License Renewals – Approved; licenses with violations will be heard May 28, 2024.
• Property tax abatements – Nine abatements for parcels in Hill Park Addition (totaling $15,048.96) approved.
• Municipal Utility Board appointment – Approved.
• Resolution 24-049 – Support for CD Properties, LLC multifamily housing financial assistance application to South Dakota Housing Development Authority. Approved.
• Resolution 24-050 – Support for JDS Investments, LLC multifamily housing financial assistance application. Approved.

Public Comments & Testimony

• Rezoning (Ordinance 24-004) – Heather Bertram, Sean Bircham, and Sue Murrah, residents of 36th Street South, expressed opposition to the rezoning, primarily concerned about a proposed driveway on their private road, safety for children (including a child with autism), and lack of road maintenance by the applicant. They argued the access should be from Highway 77 or 37th Street. Council clarified that the vote only addresses zoning, not access points.
• Shady Acres (Budget Amendment #5) – A representative (son of the property owners) spoke against the $350,000 budget, stating he had removed nine trailers for $5,000 and that only 15 trailers (not 30) existed. He argued the city had no basis for the cost estimate and requested a stay. Council proceeded to vote.

Discussion Items

• Oath of Office – Oepke G. Niemeyer (Mayor), Wayne Avery (Council Member), and Nick Wendell (Council Member) were sworn in.
• Rezoning (Ordinance 24-004) – Community Development Director Mike Struck presented the request to rezone five outlots from Agriculture (JJ-A) and Residential (R-3A) to Business (JJ-B3) Heavy District. The joint planning commission recommended approval unanimously. The County Commission also approved after discussion. The city council voted 7-0 to approve.
• Proclamations – May 2024 as Global Accessibility Awareness Month (accepted by Brookings Area Self Advocates Group), May 5–11, 2024 as City Clerk Week (honoring Bonnie Foster and Deshaun Scott), and May 19–25, 2024 as National Public Works Week.
• Spring Bulky Item Pickup Report – John Thompson, Public Works Director, reported that 2024 saw 260 visitors (down from 433 in 2023), a 52% drop in residential drop-off, and an increase in tree waste attributed to the 2022 drought. The real-time tracker was used again.
• City Charter Review (Budget Amendment #4) – City Manager Paul Briseno and National Civic League representatives (Doug Linkard and Derek O'Kobo, on phone) discussed the need for a charter review. An $85,000 quote (original) vs. $72,863 (revised) were presented. Council debated local vs. consultant-led review. Councilmember Wendell favored the $85,000 quote; Councilmember Avery opposed the expense; Councilmember Tilton Byrne, Specker, and Doran supported the consultant. Approved 6-1 (Rasmussen opposed).
• Shady Acres Property (Budget Amendment #5) – City Attorney Steve Britzman updated that property owners had begun removing trailers (7 of 10 removed). The $350,000 budget amendment ($170,000 for demolition, $180,000 for rental assistance via ICAP) was presented as a worst-case backup. After public comment, the council approved unanimously.
• Liquor License Fees (Resolution 24-047) – The council set the fee for both on-sale liquor and full-service restaurant on-sale liquor licenses at $100,000. Discussion included the historical court case setting that value and concerns about startup costs. Approved unanimously.

Key Outcomes

• Oath of Office – Administered and certificates presented.
• Rezoning (Ordinance 24-004) – Approved by city council (7-0) and county commission (5-0).
• Consent Agenda – Approved (including all abatements, license renewals, and resolutions of support).
• Proclamations – Issued.
• Contracts/Change Orders – All approved:
  • Resolution 24-048 (water system funding agreement) – Approved.
  • Resolution 24-031 (Hillcrest Park pickleball courts change order) – Approved.
  • Resolution 24-045 (asphalt material bid to Bose Construction, $89,160) – Approved.
  • Resolution 24-046 (street maintenance overlay bid to Bose Construction, $1,206,481.35) – Approved.
• Budget Amendments – All approved:
  • Amendment #2 (Library/Activity Center design, $103,860) – Approved.
  • Amendment #3 (Six Mile Creek study, $21,000) – Approved.
  • Amendment #4 (Charter Review, $85,000) – Approved 6-1.
  • Amendment #5 (Shady Acres, $350,000) – Approved unanimously.
• Alcohol Licenses – Temporary license for Fire Association Street Dance (July 20) approved; On-Off Sale Malt License for Jacks Entertainment approved; Wine operating agreement for Jacks Entertainment approved.
• Liquor License Fee Resolution – Approved (fee set at $100,000).
• Transportation Grants – Approved:
  • Resolution 24-043 (Medary Avenue pedestrian improvements, $672,000 grant, 80% federal, remainder city/SDSU) – Approved.
  • Resolution 24-044 (Transportation planning study, $200,000 grant, 80% state, remainder city) – Approved.
• Future Discussion – Councilmember Wendell requested an update on Shady Acres progress at a future meeting.
• Executive Session – Entered for legal and marketing strategy discussions (no action taken).