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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Brookings City Council Meeting - November 12, 2024: Reasonable Accommodation Denials, Budget Approval, and Development Agreements

Meeting Portal — Tuesday, November 12, 2024

BodyBrookings, South Dakota

SessionMeeting Portal

DateTuesday, November 12, 2024

StatusFILED

Video Record

0:00 / 3:44:58

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:59

Call this meeting to order.

1:02

Please stand for the Pledge of Allegiance.

1:19

Liberty and Justice.

1:24

Good evening, and thank you for coming this evening.

1:27

City Clerk, please take the roll.

1:29

There are six council members present.

1:31

Councilmember Rasmussen is absent.

1:34

Thank you.

1:35

Action on to approve the agenda.

1:36

Entertain a motion to approve the agenda.

1:38

So moved.

1:39

Second.

1:40

Are there any comments from the public about the agenda?

1:45

Comments from council?

1:46

Questions?

1:48

Please call the roll.

1:50

Avery.

1:52

Doran.

1:52

Aye.

1:53

Neemaier.

1:54

Aye.

1:54

Specker.

1:55

Aye.

1:55

Tiltenburn?

1:56

Aye.

1:56

Wendell.

1:57

Aye.

1:58

Okay.

1:59

So item four, we're going to have some public hearings here.

2:02

Um just so everybody understands our regular meeting will not start until 7 o'clock, regardless of how long this takes.

2:10

Item 4, public hearing in action on a request for reasonable accommodation at 312 8th Avenue.

2:16

Item 4A is a public hearing concerning the request by Oxford House for reasonable accommodation for 312 Eighth Avenue.

2:23

Oxford House requests the City of Brookings to weigh the requirements of ordinance 22-031, which sets the maximum occupancy limits for unrelated persons residing in a single household.

2:37

Oxford House asserts in their application waiver of the requirements of ordinance twenty-two-three-one is necessary so residents can have better can better address the effects of substance use disorder.

2:58

Thank you, Mayor.

3:00

First, uh before we get started, I wanted to make sure that our um representatives for the Oxford House are able to hear the first of all hear the mayor and myself.

3:17

Yes, I can hear it.

3:19

Did I pronounce your last name correctly?

3:22

It's pollen.

3:23

Thank you very much.

3:24

Okay, thank you.

3:26

And Andrew Wainwright, also representing Oxford House.

3:35

Yes, I can.

3:36

All right, thank you.

3:38

And because they are appearing by uh telephonically, uh it's important, I guess, that we uh make sure that everyone is participating, that we have good telephone connections, and so there's a full and fair hearing so everyone can fairly participate in this hearing.

3:56

And the first hearing we'll have two hearings tonight.

3:59

First one uh addresses three twelve Eighth Avenue, and I'm gonna review the hearing procedure, and I'll kind of try to do this uh uh all of the steps that we're gonna cover tonight, and then we'll return to the first step, and I'll probably repeat it just so that we have clear understanding because it's important that uh all of the issues that are raised tonight are heard and understand, uh understood, and that everyone can uh participate as fully as they as they desire.

4:33

So the first step of the hearing procedure tonight will be to provide the city of Brookings will provide a brief statement concerning the city's procedures uh to date in regard to 312 Eighth Avenue, and Mike Strzok will provide that for the city.

4:51

The second uh procedural step will be for Oxford House's representatives who will be per permitted to uh make their presentation in support of their request for reasonable accommodation.

5:04

And if Oxford House has any additional documentary evidence, they could provide it at that time.

5:12

And then next, the public will have an opportunity to provide public comment.

5:18

This would include attorneys representing members of the public and the neighborhoods and neighborhood residents in the City of Brookings.

5:29

And next, the public will also have an opportunity to ask questions of Oxford House's representatives.

5:53

The next step would be that the James Moore on behalf of the city will have questions that he would like to ask Oxford House's representatives.

6:04

The next step of procedure would be that the City Council will be provided an opportunity to ask questions of either Oxford House, the public, or city staff.

6:14

So the council will be able to ask questions following Mr.

6:18

Moore.

6:19

And next, Oxford House will be provided an opportunity to make a final statement.

6:26

And the City Council will then discuss briefly their respective positions concerning the request of Oxford House.

6:34

And it would be appropriate to bring the hearing to a conclusion with a motion, which could be either to grant the request for reasonable accommodation as requested, or to grant a modified reasonable accommodation, or to disapprove of the request for reasonable accommodation or disapprove the request.

Discussion Breakdown — Share of Meeting

Zoning Regulations███████████████████████23%

Affordable Housing█████████████13%

Mental Health Awareness██████████10%

Public Safety█████████9%

Economic Development██████6%

Budget Equity Analysis██████6%

Procedural█████5%

Public Engagement█████5%

Personnel Matters███3%

Summary of Proceedings

Brookings City Council Meeting - November 12, 2024

The Brookings City Council met on November 12, 2024, starting at 5:30 PM with public hearings on reasonable accommodation requests, followed by the regular meeting at 7:00 PM (convened at 8:10 PM). The council addressed multiple agenda items including the 2025 budget, tax increment financing, a major development agreement, and compensation adjustments.

Public Hearing: Reasonable Accommodation at 312 8th Avenue

Oxford House requested a waiver of the city's maximum occupancy limit (three unrelated persons) to allow seven residents at 312 8th Avenue, citing the need to better address substance use disorder. The house had been operating with six residents. The city attorney noted the request was for seven residents, per application clarification. Residents and neighbors testified about safety, traffic, and parking concerns, citing a high turnover rate (estimated 30 residents over several months) and incidents in the alley. The Oxford House representatives argued that 8–12 residents are therapeutically optimal for recovery, citing group therapy models and the Oxford House charter (minimum six). The council voted unanimously (6-0) to disapprove the request, citing lack of evidence that increased occupancy was necessary and noting the property's non-conforming lot size.

Public Hearing: Reasonable Accommodation at 908 1st Street

Oxford House requested to increase occupancy from the current six (per two-family dwelling, three per unit) to eight (one additional per unit). The application originally stated eight, but the representative clarified it was one additional per unit, totaling eight. Neighbors testified about safety concerns, including a relapse incident where an intoxicated man entered a neighbor's truck. The council voted unanimously (6-0) to disapprove, finding no evidence that increasing occupancy was essential for equal housing opportunity, and noting the property already operated legally with six.

Consent Calendar

Approved unanimously (6-0): minutes from October 22 and October 29, 2024; annual liquor and wine license renewals for 2025; Resolution 24-099 authorizing an on-sale liquor operating agreement renewal for Jim's Tap; Resolution 24-104 deleting Bridge Structure No. 06-160-152 from the National Bridge Inventory.

Presentations & Reports

SDSU Student Association: Claire Kennicke reported progress on a bus app (modeled after Durango, Colorado) and finalizing a general activity fee strategic plan for presentation to the Board of Regents in December. Councilmember Wendell congratulated Kennicke on being named 2025 Hobo Day Grand Pooba.
BMU Report: Councilmember Avery reported the BMU board approved the budget, including a $2.655 million transfer to the city's general fund. Water rates will increase 5.3% and wastewater 5% for an average household.
Brookings Health System: Councilmember Specker reported a 3D walkthrough of the new Yorkshire Medical Building (completion June 2025), a community clinic distributing 500 flu and 1,000 TDAP vaccines, a diaper drive collecting 5,000 diapers, and the hospital being awarded America's Best in-State Hospital 2025. A task force was formed to conserve IV solutions due to Hurricane Helene shortages.

Contracts & Change Orders

Resolution 24-098: Approved a $23,000 change order for the 2024 Brookings Trails Project due to increased excavation and concrete reinforcement along Six Mile Creek. The change order kept the project under the next lowest bid. Vote: 6-0.

Public Hearings & Second Readings

Ordinance 24-037 (2025 Appropriation): Approved on second reading. The $73 million budget is a 3.9% increase over 2024, driven by TIF and storm drainage projects. Sales tax growth is projected at 7.3%. Finance Director Ashley Rensch presented a new interactive online budget book for transparency. Two new positions added: a master mechanic and an associate planner. Vote: 6-0.
Annual Liquor License Renewals for Failed Compliance Checks: The council separated three establishments. Edgebrook Golf Course (one failure) was approved after manager Gary Moan apologized and outlined corrective actions. Buffalo Wild Wings (three failures, but passed most recent check) was approved after manager Dylan Meek described new handheld card scanners. Park Hospitality/La Cantina (three failures) was tabled pending owner appearance. Votes: Edgebrook 6-0, Buffalo Wild Wings 6-0, Park Hospitality tabled unanimously.
Resolution 24-100 (Airport Lease): Approved a new 25-year lease with Pheasants Fury Aviation for 5,280 sq. ft. at $0.18/sq. ft. (annual $950.40), with 2% annual increases and review every five years. Vote: 6-0.

Other Business

Resolution 24-101 (FBO Agreement): Approved a five-year fixed base operator agreement with Pheasants Fury Aviation under new owner Joseph Johnson, maintaining fueling, apron services, and 24-hour lobby. Vote: 6-0.
Resolution 24-097 (Consolidated Fee Schedule): Adopted for 2025, including changes to airport fees, transportation network company license fees (flat $500), library fees, police body camera footage fees, and storm drainage fees. Vote: 6-0.
10-Year Capital Improvement Plan: Approved balanced plan through 2034, funded primarily by second penny sales tax, including street maintenance ($3.6M), inclusive play project ($900K), and skate park renovation ($315K). Vote: 6-0.
Resolution 24-102 (TIF District #13 Boundaries): Approved boundaries for the Brookings Marketplace TIF district, originally reviewed by Planning Commission in July 2023. Vote: 6-0.
Resolution 24-103 (TIF District #13 Project Plan): Approved project plan with eligible costs reduced from $17M to approximately $8M based on updated bid pricing. Projected increment is about $4.5M. The city's total TIF taxable value remains under 10% threshold (currently ~2%). Vote: 6-0.
Development Agreement with Ryan Companies US, Inc.: Approved a development agreement for the Brookings Marketplace project, including up to $5.5 million in TIF reimbursement and $2 million in city infrastructure incentives. The project includes a 127,000 sq. ft. national retailer (under NDA), Aldi, a regional convenience store operator, and other retail. Construction is expected to start spring 2025, with anchor opening by summer 2026. Economic impact analysis by Tim Reid (BEDC) estimated $80.9 million in construction output, 622 construction jobs, and ongoing annual sales tax revenue of $1.1–1.5 million. Vote: 6-0.
Resolution 24-096 (Mayor and Council Compensation): Approved increasing council pay from $7,200 to $9,000 annually and mayor pay from $9,600 to $12,000 annually, effective 2025. The resolution also includes language to adjust pay based on COLA starting in 2026. The last increase was in 2012. Vote: 6-0.

Key Outcomes

Denied reasonable accommodation requests for 312 8th Avenue (7 residents) and 908 1st Street (8 residents) – both unanimous.
Approved 2025 appropriation ordinance, consolidated fee schedule, 10-year CIP, TIF District #13 boundaries and project plan, development agreement with Ryan Companies, and compensation increase for elected officials – all unanimous.
Approved Edgebrook Golf Course liquor license renewal; tabled Park Hospitality/La Cantina renewal.
Approved change order for trails project, airport lease, and FBO agreement.
Next meeting: Study session on November 19, 2024 at 6:00 PM covering charter commission, golf course update, snow removal process, and downtown incentive program.

Meeting Transcript

Call this meeting to order. Please stand for the Pledge of Allegiance. Liberty and Justice. Good evening, and thank you for coming this evening. City Clerk, please take the roll. There are six council members present. Councilmember Rasmussen is absent. Thank you. Action on to approve the agenda. Entertain a motion to approve the agenda. So moved. Second. Are there any comments from the public about the agenda? Comments from council? Questions? Please call the roll. Avery. Doran. Aye. Neemaier. Aye. Specker. Aye. Tiltenburn? Aye. Wendell. Aye. Okay. So item four, we're going to have some public hearings here. Um just so everybody understands our regular meeting will not start until 7 o'clock, regardless of how long this takes. Item 4, public hearing in action on a request for reasonable accommodation at 312 8th Avenue. Item 4A is a public hearing concerning the request by Oxford House for reasonable accommodation for 312 Eighth Avenue. Oxford House requests the City of Brookings to weigh the requirements of ordinance 22-031, which sets the maximum occupancy limits for unrelated persons residing in a single household. Oxford House asserts in their application waiver of the requirements of ordinance twenty-two-three-one is necessary so residents can have better can better address the effects of substance use disorder. Thank you, Mayor. First, uh before we get started, I wanted to make sure that our um representatives for the Oxford House are able to hear the first of all hear the mayor and myself. Yes, I can hear it. Did I pronounce your last name correctly? It's pollen. Thank you very much. Okay, thank you. And Andrew Wainwright, also representing Oxford House. Yes, I can. All right, thank you. And because they are appearing by uh telephonically, uh it's important, I guess, that we uh make sure that everyone is participating, that we have good telephone connections, and so there's a full and fair hearing so everyone can fairly participate in this hearing. And the first hearing we'll have two hearings tonight. First one uh addresses three twelve Eighth Avenue, and I'm gonna review the hearing procedure, and I'll kind of try to do this uh uh all of the steps that we're gonna cover tonight, and then we'll return to the first step, and I'll probably repeat it just so that we have clear understanding because it's important that uh all of the issues that are raised tonight are heard and understand, uh understood, and that everyone can uh participate as fully as they as they desire. So the first step of the hearing procedure tonight will be to provide the city of Brookings will provide a brief statement concerning the city's procedures uh to date in regard to 312 Eighth Avenue, and Mike Strzok will provide that for the city. The second uh procedural step will be for Oxford House's representatives who will be per permitted to uh make their presentation in support of their request for reasonable accommodation. And if Oxford House has any additional documentary evidence, they could provide it at that time.

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