Brookings City Council Meeting – July 23, 2024

The Brookings City Council met on Tuesday, July 23, 2024, at 6:00 PM in the Council Chambers. All council members were present. The meeting covered a range of topics including a financial audit report, an energy savings performance contract, several zoning and conditional use permit first readings, second readings of a telecommunications franchise and a budget amendment, a public hearing for a temporary alcohol license, a water system improvement bond, and a monthly progress report. The meeting concluded with an executive session.

Consent Calendar

• Meeting Minutes (7/09/2024): Approved.
• Appointments to Public Arts Commission: Removed from consent agenda earlier; not acted upon.
• City Council Ex-Officio Appointments to SDSU Student Association: Approved. Councilmember Doran noted this appointment strengthens partnership with SDSU students.
• Property Tax Abatement ($1,973.88) for Parcel #40114-00500-005-00 (104 Helen Circle): Approved.
• Resolution 24-070 (Declaring Surplus Property): Approved.

Public Comments & Testimony

• Heidi Gullixon (Executive Director, Brookings Area United Way): Invited the community to an Early Learners Building Tomorrow community planning event on August 21, 2024, from 7:30-11:00 AM at Mickelson Middle School. She requested RSVPs.
• Jason Flasky (511 Cardinal Drive Circle): Commented on ORD 24-023 (rezoning east 151 feet of Block 1) and ORD 24-024 (conditional use permit for townhouses). For ORD 24-023, he questioned whether council would be aware of neighborhood opposition. For ORD 24-024, he pointed out that the ordinance text mistakenly referenced kennel regulations and that section 3 would repeal all conflicting zoning ordinances, potentially allowing any use. He expressed concern over drainage and utility issues.
• Ron Steen (503 Deer Pass): Regarding ORD 24-023, he stated his property is being flooded from the development’s drainage and that promised berms and swales have not been installed. He is opposed to the rezoning due to unresolved drainage and utility conflicts.
• Kyle Roush (Developer): Responded that they are following the engineered drainage plan, that 50-70% of runoff is diverted to a northeast retention area, and that a berm will be added. He committed to working with homeowners.
• John Neff (Neighbor): Asked for clarification on the removal of ORD 24-020 from the agenda; staff explained the applicant requested a delay to August 13 for first reading.
• Ryan Taylor (Attorney for Interstate Telecommunications Cooperative): Addressed the council in support of the cable franchise renewal ordinance.

Presentations/Reports

• Proclamation: Americans with Disabilities Act 34th Anniversary Day – Recognized and celebrated progress in equality and inclusion, reaffirming commitment to full ADA compliance.
• 2023 Annual Comprehensive Financial Report and Audit Summary – Presented by Finance Director Ashley Rench. Highlights:
  • Clean, unmodified audit opinion with no findings.
  • Federal single audit (Coronavirus State and Local Fiscal Recovery Funds) also clean.
  • Total cash and investments (city-only) exceeded $60 million as of Dec. 31, 2023.
  • Liquidity ratio above 5.0 (every $1 owed, $5 cash on hand).
  • General fund unassigned fund balance: ~$10 million (49% of annual expenditures, or about six months’ reserves).
  • Second penny sales tax revenues continued strong growth; 2023 revenues boosted by 22nd Avenue reconstruction activity.
  • Trend data showed intentional saving for future capital projects (e.g., public safety center).

Contracts/Change Orders

• Resolution 24-022 (Energy Savings Performance Contract with Ameresco): Approved. Total estimated value $3.356 million. Includes LED lighting conversion, HVAC upgrades at East Fire Station, Larsen Ice Center, and Dakota Bank Center, window/door replacements, fire alarm replacement, and roof replacement at East Fire Station. Expected 15% reduction in carbon footprint and 15% reduction in energy consumption. Approximately $1.7 million of the work was already in the five-year capital improvement plan.

Ordinance First Readings (No vote, public hearing and action set for August 13, 2024)

• ORD 24-022 – Rezone Outlot J (joint jurisdiction) from R-3A to B-3 Heavy: Proposed for former Southbrook Mobile Home Park area; consistent with comprehensive plan; joint city-county meeting to follow on August 13 at 5:30 PM.
• ORD 24-023 – Rezone east 151 feet of Block 1, Northern Plains Addition from B-2A to R-2: Adjacent to Main Avenue South; developer seeks to convert intended parking overflow area to residential use. Public comments raised drainage and utility concerns. Council will hear second reading on August 13.
• ORD 24-024 – Conditional use permit for townhouses on Blocks 3A and 4, Northern Plains Addition: Developer seeks to re-approve up to 20 twin homes (8 in Block 3, 12 in Block 4); previous permit expired. Planning commission recommended approval unanimously. Public comment noted discrepancies in ordinance text. Second reading August 13.
• ORD 24-020 (Rezone 1115 West 20th Street South): Removed from the agenda at the applicant’s request due to an amendment on the traffic impact study; will be rescheduled for August 13 first reading.

Public Hearings & Second Readings

• ORD 24-010 – Cable Television Franchise Renewal (Interstate Telecommunications Cooperative): Second reading and action. The franchise rate is 5%. Approved unanimously (8-0).
• ORD 24-021 – Budget Amendment No. 7 to the 2024 Budget: Second reading and action. Increases E911 equipment maintenance by $45,243 for 2024 and $11,800 per year for the next four years, funded from E911 Special Revenue Fund Reserves. Approved unanimously (8-0).
• ID 24-0351 – Temporary/Special Event Alcoholic Beverage License (Main Street Pub): For “Tini Bit Left of Summer” event on July 26 at The Socialight (420 Main Avenue), lasting about three hours in the late afternoon/early evening. Approved unanimously (8-0).

Other Business

• Resolution 24-067 – Water System Improvement Revenue Bond: Authorizes issuance and sale of a revenue bond for $40.7 million (30-year term) for the water system upgrade (water treatment plant, raw/treated water mains, six additional wells). The city also received $8 million in ARPA funding to support the project. This second closing of an SRF loan does not impact constitutional debt limit. Approved unanimously (8-0).

City of Brookings Progress Report (July 2024)

• Presented by Samantha Beckman (Assistant to the City Manager). Highlights:
  • Mayor’s Awards: Nominations open for 2024; recipients recognized at December 4 event.
  • Engineering: University Boulevard/22nd Avenue sewer improvements ongoing (completion September); street maintenance/overlay projects (October); slurry sealing (started July 25 evening on 22nd Avenue South, library parking lot, 32nd Avenue).
  • BMU: 20th Street South project substantially complete; 34th Avenue closure at 6th Street until November; Leech 8 Force Main design expected by end of 2024; landfill parking lot design complete; e-waste program in development; household hazardous waste event August 17.
  • Police: Officer Scott Roberts earned master’s degree; two promotions; community events; new virtual co-responder software for mental health crises.
  • Fire: Activity center members participated in home safety presentation.
  • Parks: Hillcrest Pickleball Courts concrete poured; Pioneer Ban Shell rededication (scalloped details restored).
  • Library: Summer reading program: 1,040 children/teens signed up; 344 attended 605 Magic Art Bus; Oregon Trail registration opens July 29.
  • Edgebrook Golf: USGA visited for soil assessment and improvement planning.
  • Emerald Ash Borer: Open house held; more public sessions to be scheduled.

Executive Session

• Council entered executive session (SDCL 1-25-2.3 and 2.4) to consult with legal counsel on litigation/contractual matters and prepare for contract negotiations. No action was anticipated following the session.

Key Outcomes

• Consent Agenda: Approved as presented (excluding removed items).
• ADA Proclamation: Read and celebrated.
• Financial Report: Presented and acknowledged.
• Resolution 24-022 (Energy Savings Contract with Ameresco): Approved (8-0).
• ORD 24-010 (Telecom Franchise): Approved (8-0).
• ORD 24-021 (Budget Amendment No. 7): Approved (8-0).
• Temporary Alcohol License (Main Street Pub event): Approved (8-0).
• Resolution 24-067 (Water System Bond): Approved (8-0).
• First Readings (ORD 24-022, 24-023, 24-024): Introduced; public hearings and second readings scheduled for August 13, 2024.
• ORD 24-020: Delayed to August 13 first reading.
• Progress Report: Received.
• Next Meeting: August 13, 2024, at 5:30 PM (joint city-county session).