[0:39] Thank you, Quiku. Thank you, Quiku. All right. So, thank you, Quiku.

[0:43] We'll begin the meeting and call this meeting in order.

[0:48] Please stand in the pledge of allegiance.

[0:58] We'll be on the way

[1:01] to undergrad in the visible liberty and justice for all.

[1:09] Will the city clerk please take attendance?

[1:12] All council members are President Mr. Mayor.

[1:14] All county commissioners are also present.

[1:17] Here we go.

[1:19] Action to approve the item or the agenda.

[1:22] I'd like to make a motion to remove number 14 executive session from the

[1:27] agenda? Do I have a second? Second. All right.

[1:32] A quick please call the roll on this amendment.

[1:34] Avery? Aye.

[1:36] Doran? Aye. Me, mayor? Aye.

[1:38] Specker? Aye. Tells him, burn? Aye.

[1:41] I'll. Aye. Okay, motion passes.

[1:44] Intertain emotion from the city council to approve the agenda as amended.

[1:48] So moved. Second.

[1:51] Moving second, Larry?

[1:54] I also entertain a motion for the County Commission.

[1:56] to prove the agenda. I have motion. So moved. Second.

[2:00] The motion is second. Are there any comments from the public?

[2:06] Are there any comments

[2:07] from the council or county commission?

[2:11] Will the C. Clerk please take the roll.

[2:13] Doran, I. Nehmeyer. I. Specker. I. Tells him, burn. I.

[2:18] Wendell. I. Favorite. I. With the county clerk, please call the roll.

[2:24] Hossler?

[2:25] Miller?

[2:26] Aye.

[2:26] Post?

[2:27] Vanderwall?

[2:28] Jensen?

[2:30] Motion carries?

[2:31] Okay.

[2:32] We'll move on to item 4.

[2:33] Joint County to item.

[2:35] Item 4.

[2:36] Public hearing and action on city of Brookings, ordinance 25-005.

[2:40] And Brookings County Commission, ordinance 25-002.

[2:44] An ordinance to change the zoning within the joint jurisdiction area surrounding

[2:48] the city of Brookings, rezoned lots 10 and 11 in the west half of the south half of the

[2:54] northeast quarter of section 11, township 109 range 50 west, Brookings County South Dakota,

[3:01] from a joint jurisdiction, agricultural district, to a joint jurisdiction, business B3

[3:07] heavy district. Our community, the ultimate director makes trouble review this item for us.

[3:13] Thank you, Mayor. Members of the council and county commissioners,

[3:17] They actually before you're tonight is a rezoned from an egg to a business B3 district.

[3:24] This is located kind of along the south end of Maine Avenue along 36th Street.

[3:29] You can see on the overhead it's kind of the area that's outlined in the light blue shade.

[3:37] The property is surrounded by egg to the north south and east and it's adjacent to B3 zoning to the west.

[3:46] It is consistent with the city's future land use map as part of our comprehensive plan for urban medium intensity which supports the rezoning this does come to you with the eight to zero recommendation from the city planning commission and the development review team supports the request and stand for any questions you may have.

[4:07] Thank you, Mike, entertain the motion from the City Council to approve ordnance 25-005.

[4:13] Assembly?

[4:13] Second.

[4:15] All right.

[4:16] I also entertain a motion from the County Commission to approve ordnance number 20-25-0-2.

[4:21] Do I have a motion?

[4:22] Some vote.

[4:24] I have a motion in a second.

[4:25] Thank you.

[4:26] I open the public hearing on this item is there any public comment on this item?

[4:33] Seeing none does the City Council or County Commission have any questions or comments on this item?

[4:38] Council Member Specker.

[4:41] I just have a quick question on access and I'm not I'm just not familiar with the joint jurisdiction, but

[4:49] that's a public road just north that runs north of there along the air.

[4:55] So 36th Street south is a public right away however when you get into these rural areas

[5:02] is they're either maintained by the adjacent landowners

[5:06] or the township if they have maintenance agreements.

[5:11] It would not be the responsibility of the city

[5:14] nor the county to maintain this road.

[5:20] So I guess my question is if somebody puts something

[5:24] on that property that has a lot of traffic

[5:27] or the people that are residing along Main Street

[5:31] then responsible for that part of the road

[5:34] We're just north of 34th or 36th street. Yes, it would be the the property owners that would be responsible for maintaining it

[5:46] Okay, thank you any of the county commissioners any questions?

[5:56] Okay

[5:56] Will the city court please call the roll?

[6:01] Specker. Hi, Tilton burn. Hi. Wendell. Hi. Avery. Hi. Doran. Hi. Me mayor. Hi

[6:09] Well, the county clerk, please call the roll.

[6:12] Miller?

[6:13] I.

[6:14] Post.

[6:15] I.

[6:16] Poster?

[6:17] I.

[6:18] Motion carries.

[6:19] All right.

[6:20] Item five.

[6:21] Item five.

[6:21] During the joint city and county portion of the agenda,

[6:24] entertain a motion from the city castle to adjourn the joint city castle and

[6:28] county commission portion of this meeting.

[6:34] I'll also entertain a motion from the County Commission of the City City Council and the County Commission, meaning do I have motion improved move to approve.

[6:44] Second.

[6:45] Motion in second.

[6:47] All right.

[6:48] All those in favor.

[6:50] Please say aye.

[6:54] All those in favor say by saying aye.

[6:58] All right.

[6:58] This meeting is adjourned.

[7:01] We have a brief recess and then reset the room for council meeting that we have this evening.

[8:18] Okay, it's six o'clock.

[8:19] We'll start the regular stated meeting.

[8:22] And the first thing I'm here is open forum is there any member of the public who wishes to address the council on an item not listed on tonight's agenda.

[8:41] And so we have Amelia Wendell and Lauren Bortnam doing a presentation.

[8:47] Okay. So, as you stated, my name is Lauren Bortnam, and I'm Amelia Wendell.

[8:52] And we're here on behalf of the Brookings High School Hoso organization,

[8:55] and Hosa is Health Occupation Student of America.

[8:59] And we're here on part of our community awareness project.

[9:01] And the purpose of our project is to educate our community about health-related issues.

[9:06] And we recognize that childhood at Food and Security is a pretty prevalent issue

[9:10] within our own community.

[9:11] So we consulted with the Brookings Food Pantry

[9:13] and decided to pursue this for our community awareness project.

[9:19] Food insecurity is defined as a lack of consistent access

[9:22] to enough food for a healthy life.

[9:24] It's a common misconception that food insecurity

[9:26] is just about hunger, but it also includes

[9:28] uncertainty of where the next meal will come from.

[9:33] And to highlight how childhood food insecurity

[9:35] impacts children so heavily,

[9:37] we compiled a list of national state and local data

[9:40] to show you how this affects children.

[9:42] And if you look, you can see that one in five children across America do not have an

[9:46] a food to eat according to a feeding America.

[9:48] And furthermore, if you look at their mealgaps study map, you can see that hungry exists

[9:53] with an every county in our state.

[9:55] If you were to sing law, Brookings County, you will see that it's estimated that one in six

[9:59] children are faced with food insecurity with our own account.

[10:05] There are many causes of childhood food insecurity, but among the most common is economic

[10:09] instability.

[10:10] Families with low income or experiencing unemployment struggle to afford nutritious food for their families.

[10:17] Another cause is lack of access.

[10:19] Although there are programs designed to help,

[10:21] not all families can access these resources.

[10:24] Finally, is the cost of living,

[10:25] which includes the high prices of both housing and child care.

[10:32] After looking at the causes, we can also take a look at the impacts.

[10:36] With our consistent access to nutritious food, children face harmful effects,

[10:40] like impacts on their physical health, cognitive development, and emotional health.

[10:44] Without nutritious food, children can experience

[10:46] stunted growth and developmental delays,

[10:49] which lead to weak immune systems.

[10:50] And furthermore, it impacts their cognitive development

[10:53] and emotional health, by impairing cognitive functions

[10:57] and challenging the child's ability

[10:58] to interact positively with their environment around them.

[11:04] Because of this, we have organized a food drive

[11:07] with the Brookings High School Hosa

[11:08] from March 4th to March 12th.

[11:10] We are collecting many food items

[11:12] and all donations can be dropped off

[11:13] in the Brookings High School Front Office.

[11:16] And after consulting with the Berkeens County Food Pantry, we compiled the list of preferred

[11:21] items with this age group. Obviously, all food items are welcome, but this was the preferred

[11:25] list for this age group. Thank you.

[11:29] All right, ladies, thank you very much. Nice presentation.

[11:32] Council have any questions, comments?

[11:37] Council member Wendell.

[11:38] Thank you, Mayor. I just had one question. Could you smile?

[11:48] It's in ladies, again, tell me, this thing goes until tomorrow or Thursday, right?

[11:55] Yes, so you realize it's a little less than it, but this was the time that.

[11:57] If we have any items that we want to bring, we can bring them to the high school front office.

[12:02] All right.

[12:03] Just everybody knows.

[12:05] All right.

[12:05] Thank you.

[12:08] Is there anyone else that would like to come up during open forum to make any statements or comments that are not on the agenda?

[12:14] All right, consent agenda, action on consent agenda, are there any items to be removed from

[12:21] the consent agenda?

[12:25] Council Member Smecker.

[12:26] I just have a question, does that, they don't get removed for that?

[12:32] Are they again?

[12:33] I have a question with something on the consent agenda.

[12:36] I'm not sure when that's asked.

[12:39] I don't need it removed.

[12:40] I just have a question.

[12:44] No, it would be the time if we would.

[12:46] Okay.

[12:47] I would like to know that we have quite a few of these drainage fees, and I'm just curious, why,

[13:00] how that happened.

[13:02] Good evening Mayor, City Council members, John Townsend Public Works.

[13:07] Bonnie, those three items that are on there, those are three parcels that when we were looking at those,

[13:12] we are runnously charged a second ERU to the common area.

[13:16] So the houses are the multi-family homes that they have there.

[13:20] We charge 1A, RU, T, E, T, and those.

[13:22] And since this common area doesn't have additional structure on it,

[13:26] on a tax structure, we shouldn't have charged that.

[13:29] Because we'd be kind of double dipping on that.

[13:32] So these are the three that we found.

[13:33] It came up with one of the customers called us and we looked at it.

[13:37] So then we took a look across the city and found actually there's three of them.

[13:42] Is that clarify your question?

[13:43] Yep.

[13:44] Thank you.

[13:46] Are there any other items that we might consider from the

[13:49] removing from the consent agenda?

[13:54] Energy and motion to approve the consent agenda.

[13:56] So, vote?

[13:57] Second.

[13:59] During public comment on any items on the consent agenda,

[14:04] Council of the questions comments.

[14:07] Please call the roll.

[14:09] Doran, I'm Nimaire.

[14:11] Bye.

[14:11] Speaker, I tell them, Doran, I'm Wendell.

[14:14] Hi.

[14:15] Okay, presentations and reports.

[14:19] Since we have no one here from SDSU, we do have Patrick Galey in the audience from

[14:24] Ryan Companies.

[14:26] And if he might be able to bless us with some updates on Aldi and Target, I'd really appreciate

[14:31] it.

[14:37] Good evening, Mayor.

[14:37] Council.

[14:38] Thank you for the time.

[14:39] And the opportunity of your night and appreciate the support with the consent agenda item

[14:42] related to the agreement there on the easement.

[14:47] We are in the process of finalizing all of our plans and in the process of putting those plans forward to the city for the grading permit.

[14:56] And our hope is to try to break around here the next 30 to 45 days of modern age.

[15:01] So, we've got a lot of activity that we're expecting here relatively soon, and it'll probably start seeing

[15:07] vertical construction begin sometime in the second half of the summer. And that'll be the

[15:13] different construction of the target box first, which will be about a 12 month build period.

[15:20] And at this point, a target is anticipating an opening that's sometime summer of 26.

[15:25] I don't have a specific data, but what we do will make sure all of you are updated.

[15:28] It relates to those other parcels.

[15:32] We do have, we are making progress with all the, and they are anxiously waiting for us to

[15:36] get that set of work going so they can come in and be able to come in behind us and begin

[15:41] their physical or vertical construction.

[15:44] And then we've got a run a contract with the adjacent parcel and my sense is that they've been

[15:49] through DRT at this point and we'll be making an application for their respective entitlements

[15:54] here relatively soon.

[15:56] We also have got a few prospects over discussion with about the inline land that's immediately a chase and to target there so a lot of activity going on and

[16:06] Appreciate this group support and everything they've done to get us this point and

[16:12] Hopefully more updates to come in the near future

[16:15] I shall mention there's some

[16:17] Interest collectively with the city with Ryan companies and with Harker with about doing subtype of groundbreaking civil work and on

[16:23] Subtype of data memorialize that and I sense that that's probably gonna happen sometimes and sometime in May

[16:29] So more information. Come on on a heart date soon. All right. Thank you. You open for questions

[16:35] Well, I mean any questions comments from council

[16:38] Well, I got one Patrick can you confirm I've heard from throughout the community that there's a number of contracts that will be locally working on the site

[16:48] can you confirm some of that because it would be nice for the public to know that Ryan

[16:52] Company's is working with local contractors.

[16:55] Yeah, I mean, I'm not here tonight to probably be able to provide quantify with that number

[16:59] is, but as I mentioned before before this group and other groups, our intention is to utilize

[17:06] the local expertise and the local subcontractors as much as possible and so we've got a series

[17:12] of those subcontro agreements that have been signed and more to come as we're working on the various

[17:18] phases of the project. So I can follow back up with you on a more specific information

[17:23] with what those groups are. But we've got our project team that's really responsible

[17:27] at that level on that.

[17:30] Thank you, Patrick. We're looking forward to the future.

[17:34] All right. Exficial reports, Brookie's Municipal Utility Board.

[17:38] Bonnie, I understand you have report.

[17:41] Yep. This meeting was yesterday, and Patrick would probably like to hear this.

[17:47] The bills, claims, and bids were discussed and approved were needed.

[17:52] The BMU board voted to allow the city landfill leachate line to connect to the sewer.

[18:00] And right now the leachate has been hauled by truck to the wastewater plant so that construction

[18:05] will begin but it was approved.

[18:07] And also approved was the water and sewer connections for the marketplace.

[18:12] That's why I thought Patrick would like to hear that.

[18:16] There's an update on the automated metering for electric and water usage, and it's working great.

[18:22] There's a few more things that they need to get worked out, but that's all automated.

[18:29] It was also mentioned that the tentative date for removing the 6th street water tower, which I get asked this question a lot,

[18:38] is sometime during the summer of 2026 they're hoping to take that water tower down.

[18:46] Brookings Health System Television Service Insolations almost complete.

[18:50] There is also a discussion on BMU Financial Priorities, you know, various financial indicators

[18:56] are showing that BMU revenues are sufficient to meet all debt service requirements and

[19:03] are they're doing pretty well.

[19:05] That's all.

[19:06] Thank you, Bonnie. Anybody have any questions for Bonnie? Comments? And Bree, you have a report from Brookings Health.

[19:15] I do. So at the last meeting, we discussed main trends of issues facing hospitals nationwide, including rising costs and continued cost transparency.

[19:26] We got an update on the network upgrade that they're going through right now, as well as a transition to a new financial reporting software, so that took up a quite a bit of effort from the staff.

[19:37] As well as just continuing efforts around staffing, appreciation and recognition as we also recognize that that's an important priority of the health system.

[19:45] January ER visits was another busy month, January typically as a busy month and experienced

[19:52] a 13.5% increase in visits. So this year's total was 932 visits. The safe opioid use

[20:01] task force initiative is continuing work with a safe opioid prescribing education session happening

[20:06] to providers. And hospital medical errors are well below the benchmark of 0.05. So that was

[20:14] good news of just checking in on our continued care and a report.

[20:20] All right, you need any questions from Council on report?

[20:23] All right, update and downtown fire.

[20:26] Jake Meski or deputy city manager is going to give us that report.

[20:41] Good evening mayor and members of the council.

[20:44] The downtown community experience a tragic fire on December 30 of starting at

[20:49] gross fashions, which is located at 318 main avenue.

[20:53] We continue to extend our condolences to the impacted business owners, and thank the community

[20:58] who has rallied around them in support.

[21:01] We also want to recognize staff who responded to provide emergency services.

[21:05] A press release went out on January 29th, giving an update to the public and noted the exact

[21:10] cause of the fire was undetermined.

[21:12] The first and continued priority for the impacted buildings is to ensure safety and security.

[21:17] Due to a partial collapse at Rose Fashans within the last two weeks, staff took additional

[21:23] action to extend the barricaded perimeter beyond the site for public safety and communicated

[21:28] that information via social media.

[21:31] Staff took further action by condemning the Rose property to ensure a plan is received and

[21:36] provides for the safety of the building owner, their representatives, and any contractors

[21:40] who enter the site.

[21:42] The city has convened a fire response task force consisting of staff from the city managers

[21:47] office, fire department, police department, public works department, community development department,

[21:52] as well as Brookings Municipal Utilities.

[21:55] The task force has met three times so far, and will continue to meet regularly with

[21:59] a focus on ongoing communications, next steps for the impacted properties, and the Municipal

[22:05] Co. would policy and state law review in consideration of peer communities and best practices.

[22:10] A meeting was held with the impacted business owners or building owners in late February

[22:19] to understand how they're doing action taken today at next steps and share city and downtown

[22:25] Brookings resources as well as inquire about any other opportunities to be of assistance.

[22:30] I'll now provide a brief overview on the status of each of the impacted buildings.

[22:35] All four building owners did express their desire to get back in business at these impacted

[22:40] locations. Starting to the south at 314 main avenue, known as the

[22:45] Greenwald building. A structural analysis has been completed on this

[22:49] building and has been determined that the building is structurally

[22:52] sound. The owner is currently undergoing restoration efforts with a

[22:56] target of the building being open and operational in summer of 2025.

[23:01] Moving to the north is the 318 main avenue building, which is

[23:04] Bruce Fashans. The building owner has expressed a desire to rebuild at this

[23:08] site, the property owner is soliciting quotes for the removal of debris at that site.

[23:14] Beyond the debris removal, the next steps would include an analysis of the foundation

[23:18] and a creation of plan for rebuilding at that site.

[23:23] 320 main avenue, moving north, known as the seven songbirds building.

[23:27] This building has been declared a total loss by insurance.

[23:31] The building owner has expressed a desire to rebuild at this location.

[23:34] The property owner is also soliciting quotes for the removal of the structure at this time.

[23:40] The rebuilding plan is really contingent on the shared wall with the building to the north, which is the exchange.

[23:46] 32 main avenue, the exchange.

[23:49] A structural analysis has just been received and is being reviewed by the owner, their representatives,

[23:55] and our building services staff to determine the appropriate next steps.

[23:58] The building owner does desire to work collaboratively with seven songbirds on construction needs and timing

[24:04] understanding the impact of that shared wall to the self.

[24:09] The majority of the building owners expressed interest in meeting monthly for the next few months

[24:13] with the city of Brookings as well as downtown Brookings to share progress updates and identify

[24:18] any opportunities for cooperation and collaboration.

[24:22] As noted, the fire response task force will continue meeting regularly to advance both

[24:27] board and long-term goals.

[24:29] The timeline for debris removal, as well as next steps in terms of rebuilding and such,

[24:35] is fluid and dependent on structural analysis, as well as insurance claims and processing.

[24:41] Historic preservation review, demolition and building permits will all be processes that

[24:45] we're working through as we progress our way towards spring and summer.

[24:49] A monthly progress update will be provided at city council meetings for the foreseeable future

[24:53] to ensure that the council as well as the public stay informed on this topic.

[24:58] Supplemental press releases, social media updates, and other communications may also be utilized

[25:03] as appropriate.

[25:05] This time I'm happy to stay in for any questions and we also have a couple of members of our

[25:09] fire task force here if there are more specific technical questions.

[25:14] All right, thank you, Jake. Any questions? Come in from council.

[25:18] Councilmember Wendell.

[25:21] Thank you, Mayor.

[25:22] Jake, the parking area that is east of 322 Main Avenue right behind.

[25:28] Is that parking area closed for use right now?

[25:32] Might be of an answer to that question, my chance.

[25:45] Those areas for 322 just immediately adjacent to the east is private property.

[25:51] I think right now there may be some dumpsters that are being located there to help with some

[25:58] of the adjacent properties.

[26:00] There is a public parking lot that is east of like 314 main avenue that's open.

[26:08] I was just curious of that area that is sometimes used for parking right off of that alley

[26:14] if we have any concerns about the exterior walls of 322 main or 320 main if we'd be worried

[26:20] about pedestrians using that space, or parking vehicles in that space.

[26:25] As far as 322 and 322 and 322 main avenue, the rear of the buildings are fine.

[26:35] Actually, the 322, there's two buildings.

[26:40] The one that was damaged by the fire is the one on main.

[26:42] There's a building to the rear that is separate on a slab that was not impacted, and that

[26:49] fine. The 32 main avenue for the most part experienced severe smoke and water damage. What

[27:00] the deputy city manager Meshki mentioned is the main issue with that particular building

[27:06] is they share a common wall with 32 main avenue to the south. So anything that 32 main avenue

[27:13] does potentially could impact 322 so they're working on a structural solution for 322

[27:20] so then 322 could be torn down.

[27:24] Thank you.

[27:27] Councilmember Tiltenberg.

[27:29] I just wanted to say thank you to the collaborative team that continues to work on the

[27:32] response to this and those who are directly impacted whether they be the business owners or

[27:38] adjacent business owners and just the ongoing participation in communication with the city

[27:43] about all of this, obviously, this is a issue that is not only a safety issue, but just the

[27:49] well-being of the individuals that own these businesses as well, so thank you for the ongoing

[27:52] communication and collaboration.

[27:56] All right, Council Member Durin.

[27:58] Thank you, Mayor.

[27:59] I have one question under a business relocation.

[28:02] I'm sure if you were Kristen may be able to answer this.

[28:05] I was wondering if you could provide a general update on businesses that have been able to

[28:09] locate and continue to sell or what what the relocation intransition process looks like right now

[28:16] for some of these businesses.

[28:19] Hi everyone, Kirsten Jester, Executive Director of Downtown Brookings.

[28:22] What I've been telling people is anything that can happen quickly has happened so anyone

[28:26] who can easily reclocate or reopen either are open or will be opening within the next

[28:32] few weeks.

[28:33] So, Emerald Grace, seven songbirds, hand tied, have all opened in new locations downtown,

[28:40] or will be opening shortly.

[28:42] The note has temporarily kind of set up a little pop-up shop inside of PASC,

[28:49] and there are a number of businesses that are temporarily operating out of other spots,

[28:55] but anything that can happen quickly has happened.

[28:57] So now it's kind of the slow part, but almost everyone has chosen to relocate and almost everyone has chosen to relocate downtown, which I think just goes to show the importance of a downtown personal businesses.

[29:11] Absolutely. Thank you. And then I have one more question around the community fund.

[29:15] I know there's been great community support around these businesses and impacted individuals.

[29:20] Could you provide an update on the fundraising and allocation process and how that's going?

[29:24] Yeah, and Stephanie can help me with this a little bit too, but in total, the Brookings Economic Development Corporation and the Brookings Area Chamber of Commerce both gave $25,000 into that pot,

[29:35] and then in total from other fundraising, whether it be the little jars that are around downtown, there's been, you know,

[29:54] sending out some checks to businesses downtown, and they were very grateful for it.

[29:59] And so...

[30:00] That process is BDC is leading that process and the businesses that were effected in their 21 total businesses downtown that were affected in some way by the fire with costs associated.

[30:13] Fill out an application, send that to the BDC, they have a committee that reviews them and they provide receipts for their costs, and then they're reimbursed up to $3,000 for those costs.

[30:24] Once a certain time period has gone past, any application that has come in during that time period if there's funds left over, we'll do a second round of review.

[30:34] They will do a second round of review and so those that were the most impacted and had the most cost associated will likely be getting a second payment.

[30:42] Are you still taking donations for that one?

[30:44] We are here just a short while most of the online donation portal will probably be closed

[30:51] by early next week, but there are a number of fundraisers kind of still happening.

[30:56] So for example, social aid is selling some very cute Brookings T-shirts and sweatshirts.

[31:02] So if you want some cute peril, head there that goes to help the fire really fund.

[31:08] So thank you.

[31:10] All right, any other questions comments from Castle?

[31:13] Thank you very much.

[31:15] And then we will have item 8D discussion on the City Council member vacancy process.

[31:21] Bonnie Foster, our city clerk, will present the item.

[31:29] Mayor and council members, council member Andrew Rasmussen's resignation was effective Friday

[31:34] February 28th.

[31:36] The process to fill this vacancy is outlined in the city charter and in the city code and

[31:45] in city council policy number two will five.

[31:47] What this states and what I want you to take from this slide is if the vacancy on the council occurs less than 60 days prior to the next regular city election.

[31:59] The person appointed to fill the vacancy shall continue to serve through the next regular city election immediately following the next regular city election.

[32:09] So, the most recent city election is coming up here on April 8th of 2025, so this individual

[32:16] will be appointed and will serve until 2026.

[32:24] A little history on the process, what we have outlined has been utilized three times in the

[32:29] last 10 years.

[32:31] The first time we want to go back and give some info here.

[32:36] So February 2016, Council Member Scott Mayer resigned and David Mayer filled that vacancy.

[32:44] April 2017, Council Member then, Keith Corbett, was elected to Mayor and Kern Council Member

[32:51] Hallard Chills & Bern was appointed to fill that vacancy.

[32:55] And then most recently, in April of 2021, then Council Member opening Mayer was elected as mayor

[33:02] and current council member Wayne Avery was appointed to fill the vacancy.

[33:08] So in front of you, we'll see a proposed process in timeline.

[33:12] So as you will note, this will start this week on Friday, March 14th.

[33:17] We will submit the press release and the application, which was in your package.

[33:22] So we'll start that call, deadline to submit the applications will be

[33:28] April 4th, it's also a Friday. April 15th will be the study session where the council will

[33:35] entertain the candidates or the applicants who wish to fill the vacancy. April 22nd, the

[33:41] council will take action to appoint an individual and May 13th, the new council member will

[33:49] take their oath of office. I stand by for any questions you may have.

[33:57] Thanks, Fund. Council, having questions, comments, and the timelines?

[34:03] Okay.

[34:04] Thank you, Bonnie.

[34:06] All right.

[34:06] We have no contrast or change orders this evening.

[34:09] First readings.

[34:10] We have more than one.

[34:11] Item 1080, introduction and first reading on ordinance 25-0.

[34:16] Excuse me.

[34:18] 25-0-9 and ordinance authorizing budget amendment.

[34:22] Number 10 to the 2024 budget.

[34:24] Ashley Ranch, our finance director.

[34:26] We'll present this item.

[34:27] Good evening, Mayor and members of the Council.

[34:29] This is the first reading of ordinance 25-009, amendment 10 to the 2024 budget.

[34:36] Each year after we close out our revenues and expenditures, we prepare council action to

[34:40] add budget authority to certain departments based on their circumstances at your end.

[34:45] This ordinance adds expenditure budget authority in five different areas, which are all offset

[34:50] by revenues received in excess of the budget.

[34:53] This includes Hillcress Aquatic Center at $14,995.

[34:58] This is an increase in swimming pool fees that offsets the purchase of a pool heater in

[35:04] forestry $20,000.

[35:06] This is an increase in reimbursement to account for contract reimbursement associated with expenditures

[35:12] in horticulture supplies to move trees on 20th street south.

[35:17] In the police department $25,000, this is an increase in reimbursement expense to account

[35:22] for additional billable event revenues to offset an increase in overtime pay.

[35:30] And then library donations, $6,000, we had an increase in donations that will offset an increase in general expenditures.

[35:40] And then finally, the bid or pillow tax, $1,456.

[35:45] This is an increase in professional services revenue and finance to account for additional bid tax admin fees.

[35:51] This is a percentage of the bid tax that is paid to the general fund for tracking and reporting.

[35:57] And the second reading of this ordinance will be on March 25th, without us in by for questions.

[36:02] Thank you.

[36:04] Thanks, Ashley.

[36:04] Any comments?

[36:05] Questions on this item?

[36:07] Public comments?

[36:11] Okay.

[36:12] Second reading on March 25th.

[36:14] Item 10 be introduction.

[36:16] First reading on ordinance 25-010.

[36:18] and ordnance amendment chapter 38 floods of the code of ordnance of the city of Brooks Brookings.

[36:25] And in pertaining to the flood prevention regulations, John Thompson, our public works director will present this item with that.

[36:37] Good evening Mayor, City Council members, John Thompson with public works.

[36:41] Tonight's first reading of the floodplain ordnance marks one of the final milestones to FEMA's risk flood risk study for our community.

[36:47] The proposed ordinance revision is a full restatement of the city's current floodplain

[36:51] ordinance.

[36:52] It's important to note that number one, this ordinance is revision is mandated by

[36:57] FEMA in order for the city to continue participation in the federally subsidized

[37:02] national flood insurance program known as NFIP.

[37:06] N2, this ordinance must be effective on or before.

[37:09] FEMA's updated flood insurance study, FIS, in FEMA's flood insurance

[37:14] rate map, FIRM, or firm, become effective on April 23rd, 2025.

[37:21] If the city elected not to participate in the NFIP, property owners within the flood

[37:25] prone areas would likely not be able to purchase private flood insurance, and if they did

[37:30] find a willing insurance carrier, the cost of that insurance would likely be significantly higher

[37:35] than any federal subsidized NFIP rates.

[37:38] As stated, the revision to our curtain ordinance is a full rewrite to ensure that the language

[37:44] complies with the current FEMA standards and regulations.

[37:48] In fact, the language directly follows a template that provided by FEMA.

[37:53] FEMA has reviewed provided as a courtesy review of the language and will complete an official

[37:58] review once the ordinance is effective.

[38:05] In this presentation today, I've been asked to provide a bit more information as to the purpose

[38:10] of a floodplain ordinance, and how such an ordinance can help reduce losses.

[38:15] The purpose is simple.

[38:17] The ordinance is drafted to promote public health, safety, and general welfare of the city,

[38:21] and its residents, and to minimize public and private losses due to flood conditions.

[38:26] It applies to all areas of special flood hazard identified by FEMA within the city limits.

[38:33] As to how this ordinance helps to reduce flood losses, it restricts, when number one

[38:37] restricts or prohibits land uses that are dangerous to health safety or property in times

[38:43] iflity. It requires land uses vulnerable to floods, including facilities be protected

[38:48] against flood damage at the time of construction. It also includes legal ability to control

[38:55] the alteration of natural flood plains, stream channels, and natural protective barriers,

[39:00] which are involved in the humiliation of flood waters. It provides the legal ability to control

[39:06] building, grading, dredging, and other developments that may cause increase in flood damage.

[39:12] And lastly, it prevents or regulates the construction of flood barriers that will unnaturally

[39:17] divert flood waters or cause hazards to other lands.

[39:22] Okay, now next slide, that's this will be this slide.

[39:25] On the screen, let me see.

[39:31] On the screen here, you can see, although very small, the differences between the current

[39:35] In 2008, FEMA map on my left and the new FEMA map effective April 23rd on my right.

[39:44] I'm going to try this pointer to the hell this works there if it works.

[39:51] The biggest changes that you'll see between the 2008 and the 2025,

[39:57] is this floodway changed quite a bit up in the northwest of the northwest area of the city.

[40:02] And also in this current, the 25th effective in 25, we actually now have a hundred-year flood

[40:10] playing coming up in the southern and south eastern portion of the city.

[40:15] These changes, primarily, that's the widening of the floodway up in the northwest, has affected

[40:21] a lot of, has affected additional properties.

[40:25] The newly-wide floodplain and modified flood, newly-wide in floodway, and modified

[40:30] blood plane. It doesn't pack several properties, and including some of that already had previous

[40:36] letter of a map corrections, meaning that they've already worked with FEMA to get their property

[40:40] out of the flood plane.

[40:43] All these right now, there's 12 of them I believe, that on April 23rd,

[40:49] when the map becomes effective, they will no longer be recognized with FEMA. These property owners

[40:53] have been directly contacted by staff so they can work with their engineer and with FEMA to

[40:58] to in regards to their previous submitted letter map correction.

[41:04] On a side note, for residents or viewers of this presentation,

[41:08] the city has included a link to the new interactive theme

[41:11] map on the city's web page.

[41:13] This link is under the Engineering Department,

[41:15] floodplain tab.

[41:21] I'm getting back to the ordinance.

[41:22] The key updates to the ordinance include

[41:24] bit recognizes the updated flood insurance study,

[41:28] and the flood insurance rate map,

[41:29] which will be effective April 23rd

[41:31] the third 20,000, 20,000, 20,000.

[41:34] It removes the joint jurisdiction,

[41:36] enforcement, responsibilities.

[41:38] There's those areas are outside of the city limits,

[41:41] so that is a separate NFIP community.

[41:44] So we have no control over that.

[41:47] It does define the stop work order process.

[41:50] It clarifies penalties for non-compliance.

[41:52] One note on that staff will return at a later date

[41:54] with probably changes to the Consolid invaders of peace schedule.

[41:58] It does designate the city engineer as a floodplain administrator that specifies a floodplain permit process and lastly increases the freeboard requirements from manufactured or met mobile homes and newer expanded parks raising their requirement currently at zero to two feet.

[42:16] This ordinance also includes improvements that your council approved on August 22nd 2023.

[42:21] Those improvements include the requirement for all structures to be constructed at least two-foot above the base flood elevation and the requirement for compensatory storage.

[42:32] As a recap, this ordinance revision is mandated by FEMA in order for the city to continue participation in the federally subsidized national flood insurance program and to it must be effective and in place by April 23rd.

[42:46] The second reading in the audience will be held on Tuesday March 25th, if it proved on March 25th,

[42:51] there will certainly be become effective of 20 calendar days after five on publication.

[42:56] I conclude the staff's presentation, stand for any question, and I also have a

[43:00] resistance at the engineer of the address available for any questions I cannot answer.

[43:04] Thank you, John.

[43:05] Council, are you any public comment on this item?

[43:09] Council, have any questions or comments at this time?

[43:11] Council member Wendell?

[43:13] Thank you, Mayor.

[43:14] So, it's been 17 years since the last time we had an updated map.

[43:21] Yes, of 2008.

[43:23] Typical frequency, or would we expect an updated FEMA map to come around every decade or 15 years?

[43:30] Is there any precedent?

[43:31] I don't know that there's regulations on that.

[43:33] I'll see if that is of those regulations.

[43:37] There are no regulations that I'm aware of.

[43:39] However, we have heard that there are probably more frequent in the future just because of the software that they use now that can more quickly update the flood maps.

[43:50] And add on to that.

[43:51] This process here after I was looking at all the records.

[43:54] Charlie is not here.

[43:55] So it was me looking at all the records.

[43:57] It started in 2016.

[43:59] So it's too quick sometime.

[44:03] Thank you.

[44:04] Can't remember during.

[44:05] Thank you, Mayor.

[44:06] I apologize if you had said this and I missed it. You said that property owners who are no longer recognized by FEMA were directly contacted.

[44:15] Can you confirm were property owners that are now in this flood plan in the new map have they been contacted directly?

[44:21] Since you had said like new spots opened up in the south.

[44:26] The ones that were directly contacted were the ones that already have a Loma or a letter map correction in place that are going to be superseded.

[44:34] meaning that now you you've got your your property out of the floodway

[44:38] we're generally out of the floodplain now with the new hydraulics

[44:42] hydrological study a couple of these properties actually went from a flood

[44:46] plane into the floodway so they're going to be superseded and they're going to

[44:50] have to do some additional work to in order to get themselves back either out of

[44:53] the floodway or out of the floodplain okay thank you for that clarification

[44:58] It cuts a member of Avery.

[45:01] Do I know just when I was looking at that information, I was getting a remembering that we had been here before. I think we had a consultant and we had a presentation and we approved their recommendations, but at that point we never brought it to the council to approve, where we were waiting for the FEMA maps, is that what we were waiting for?

[45:25] So previously we've had, yeah, the FEMA had public public

[45:29] a hot open house here, we've had a study session, I believe.

[45:32] We've mentioned it in the past, but these

[45:33] were all there in the preliminary stage.

[45:36] And FEMA has this very long drawn out good faith,

[45:39] or due diligence period, where they work with the jurisdictions,

[45:45] until they're happy with the pre-elementary map,

[45:47] and then they open it up for a peel period.

[45:49] And that's kind of where we're at.

[45:51] Now, I think the peel period March 7, 2023

[45:54] is when that ended up, that definitely remember the compensatory storage in the

[46:00] place.

[46:01] That was a different, that was different than this process, but that was primarily

[46:05] still the promote health and safety of the properties.

[46:10] I think the consultant, we brought in a consultant that was respect, and there were the ones

[46:15] that had the recommendation for the two footer-free bloodletters.

[46:20] Councilmember Tillton-Burn.

[46:23] Throughout your presentation, you mentioned floodplain and floodway.

[46:26] Can you define what the difference between those two things are?

[46:30] I'm going to actually let that, because I can define it, but he's much more elegant than me.

[46:35] Sure.

[46:36] So, a floodplain is so up on the map there, that's those areas in red.

[46:44] That's the horizontal extent of the flooding that could be expected in a hundred-year flood or a one percent chance flood.

[46:53] The flood way is within the floodplain, you have to leave a certain area that's free for the water to flow.

[47:03] If you start to restrict it, you're going to raise the base flood elevation and therefore increase the size of the floodplain.

[47:10] So when they define a floodway, there's more restrictions.

[47:13] You can't put anything that will block it unless you do a no-rise study.

[47:19] It was what they call it, where you have an engineer come in and they do a hydrological

[47:23] model and make sure that whatever you're placing in the floodway is not going to raise the

[47:27] floodplain.

[47:29] So you'd mention that some of the properties have maybe now been identified as being in that

[47:35] bloodway, if that does occur, are they grandfathered in or are there changes that they

[47:41] might have to make to their property?

[47:45] So as far as the flood, excuse me, the floodway is concerned, their actual presence within

[47:52] the floodway is already accounted for in the hydrological model.

[47:57] However,

[48:00] their issues more related to the new base flood elevation has gone up on the new maps.

[48:07] So on some of their properties, they're lower than the base flood elevation.

[48:12] In Hollywood, on that too, some of the new properties that, like down the southern portion where we do have this 100 year flood plane,

[48:20] those properties were not in it before.

[48:21] Now they are, so they will now require flood insurance, if you have mortgage and you want to

[48:27] put it in.

[48:28] Yeah, because I would explain the flood plan in a flood way.

[48:33] The flood way is the Cric, the flood plan is where the general way floods out, but he's

[48:39] much more better, he's better, that much more better than me.

[48:42] Good language.

[48:45] All right, any other questions from Council, questions?

[48:48] Comments, the second hearing will be on the 25th of March, next meeting, and we'll move on this next, thank you, John, dad.

[48:58] Move on to second readings and public hearings.

[49:00] Item 11A, second reading and action on ordinance 25-007, an ordinance authorizing budget amendment number 1 to the 25 budget.

[49:10] as the rents are financed from director or presumed that present this item.

[49:15] Thank you, Mayor. This is the second reading of ordinance 25-007 authorizing amendment number

[49:20] 1 to the 2025 budget. This ordinance carries forward 2024 budgeted amounts and cost savings

[49:26] for expenses to be incurred in 2025. The general fund total of just under $700,000 is made up

[49:34] primarily of supplies, services and furniture that were budgeted in 2024, but being delivered

[49:39] are completed in 2025. The most significant amounts in the general fund include $85,000 to replenish

[49:45] the retirement payout contingency account and carry forward of $350,000 for the shady

[49:52] acre's remediation efforts.

[49:56] The CIP fund includes $7.3 million to be carried forward for multi-year

[50:02] parks, street, and facilities projects, as well as equipment that was ordered or budgeted in

[50:07] 24 in arriving in 2025.

[50:10] As the mayor alluded to at the level of first reading, this ordinance also includes

[50:15] 834,549 dollars to be added to the sinking fund budget which is supported by a cash

[50:20] reserve for unplanned buildings and capital needs.

[50:25] Special revenue funds include $250,000 in multi-year capital projects at the Dakota Bank

[50:30] center as well as $211,000 for a drainage project at Arrowhead Park and the Maderi Avenue Bridge

[50:36] and $12,100 for engineering related to state permitting.

[50:42] This amendment also brings forward the remaining budget for our capital project funds for a total

[50:46] of $1.1 million for projects such as finalizing University Boulevard, additional work

[50:51] at the 20th Street interchange and the detention base in associated with TIF 9 as well as

[50:57] going consulting related to the Public Safety Center Project.

[51:02] In the enterprise funds, we're carrying forward $4.3 million in expenses for the multi-year

[51:08] golf course, airport, and solid waste projects and certain operating expenses.

[51:14] This amendment also includes an increase of $1.57 million in the airport fund for FAA and

[51:19] Department of Transportation grants that support the capital projects.

[51:24] And finally, for transfers, we have a transfer from the CIP fund to the Dakota Bank Center Fund

[51:29] for Capital Project carry forwards, and then a transfer from 3B to the Dakota Bank Center

[51:34] for 31,485.95 to cover their 2024 budget variance.

[51:40] And then finally, $650,000 from Tiff 11 revenues to the CIP fund for the 20th Street South

[51:45] shared use path project, which is being moved up to 2025.

[51:49] A detailed listing of these expenses by account is included in your packet and no changes

[51:55] have been made since the first reading.

[51:57] Staff recommends approval of this ordinance as presented and with that will stand by for

[52:00] questions.

[52:01] Thank you, Ashley.

[52:02] Entertainment Motion to Approve.

[52:04] So move.

[52:06] Move.

[52:06] Move a second.

[52:07] It is your any public comment on this item.

[52:11] Council, any questions?

[52:12] Comments?

[52:14] Council Member Wendell.

[52:15] Thank you, Mayor.

[52:16] Actually, one of the first things you mentioned was the

[52:19] Retirement contingency fund that we were moving $85,000 into. I was just curious if we have a minimum balance

[52:28] We tried to maintain in that contingency fund. Yeah, we tried to keep it around that

[52:32] Like $88 to $100,000 a year. Okay, so when you said replenish that would be kind of a total. We always the balance to be tried to maintain there

[52:40] Okay, thanks

[52:43] All right, please call the roll.

[52:46] Neemyer.

[52:47] Speaker.

[52:48] Aye.

[52:48] Tell Timbern.

[52:49] Wendell.

[52:50] Aye.

[52:53] Motion passes.

[52:56] Item 11B.

[52:57] Public hearing and action on ordinance 25-906.

[53:00] An ordinance pertaining to an application for a conditional use permit to establish a major

[53:05] home occupation against smithing business.

[53:08] In a residence, R1C single-family district addresses 1630, O1 Street makes truck our community

[53:16] development director will present this item.

[53:19] Thank you, Mayor and members of the council.

[53:21] The action before you tonight is consideration of a conditional use for a major home occupation

[53:26] at 1630 O1, O1 Street.

[53:29] The applicant is proposing a gunsmithing business there.

[53:34] essentially is open to repair guns in a detached garage inside the garage is simply a workbench

[53:42] in a toolbox where you can keep some of his tools that he uses to repair these. The guns themselves

[53:49] applying and working on them completion are stored in a safe in the house. There's a couple of

[53:57] conditions that come before you on this particular one that are recommendations from the planning

[54:02] commission is that the applicant will need to obtain the appropriate permits from both the state and federal level for this and will need to provide proof of renewal every three years with the city.

[54:14] And that this conditional use permit if approved by the council is valid for the applicant only and is not transferable to another location.

[54:25] With that, this does come to you, with the unanimous recommendation from the Planning Commission, the development review team supports the request and the police department was contacted in regards to this and indicated no concerns if this conditional use is approved.

[54:42] With that, I would stand for any questions you may have.

[54:45] Thank you, Mike, entertain a motion to approve.

[54:48] So move second move second is there any public comment on this item

[54:59] do you need mayor and members of the council

[55:02] My name is Reed Cummings and I am the applicant and I'm open for any questions if there's

[55:11] any

[55:11] Okay, I do have one question. Do you work on pretty much anything that is a weapon or I should say again like shotguns rifles

[55:21] That's a mainly rifles, but shotguns as well. Okay

[55:26] Got some member, Doran?

[55:29] Thank you, Mayor.

[55:30] I was just wondering if you could confirm something

[55:31] that was talked about in the planning commission

[55:35] that reloading would not be on-site for business use.

[55:38] It would be for personal use.

[55:39] Could you confirm that for me?

[55:40] Yes, that is correct.

[55:42] Thank you.

[55:42] That's all.

[55:45] Any other questions from council?

[55:48] Thank you.

[55:49] Please call the roll.

[55:51] Specker?

[55:52] Tilltonburn?

[55:53] Wendell?

[55:54] Aye.

[55:59] Okay, action on resolution, item 12A, action on resolution 1225, dash 021, a resolution transferring contingency funds, as the events are a financial director will present to set them.

[56:11] Thank you, Mayor. This is Resolution 25-021 transferring 2024 contingency funds. This resolution

[56:18] transfers contingency funds budgeted in 2024 in the amount of $156,700. This includes $145,000

[56:27] in police department overtime pay and $11,700 in equipment maintenance in the forestry department.

[56:34] For the police department overtime, the main driver of this overage was employee vacancies and

[56:38] leave in 2024 as well as a number of new candidates being at the Academy which requires significant

[56:43] additional overtime from our existing officers. In the Forestry Department, Chipper repairs

[56:49] were the main driver of this budget overage and this was due to the wear and tear associated

[56:54] with the influx of tree removals related to the Emerald Ashfore. Staff recommends approval of

[57:01] this resolution that's presented and I'll stand by for questions. Thank you. Thank you, Ashley.

[57:05] entertain the motion to approve.

[57:07] So moved.

[57:08] Second.

[57:08] Good move.

[57:09] Second is your any public comment on the side of

[57:14] them.

[57:15] Seeing none.

[57:15] Council questions comments.

[57:18] Actually, please call the roll.

[57:22] Tell the burn.

[57:24] Wendell.

[57:25] Aye.

[57:26] Dorn.

[57:27] Aye.

[57:28] Aye.

[57:29] Okay.

[57:31] Before I go into item 13.

[57:33] I just want to recognize.

[57:34] We have a couple in the back here from Nepal.

[57:36] That came to visit us this evening.

[57:38] I know that you came in after open form, is there anything that you wanted to come up and explain it to us at all?

[57:47] All right.

[57:47] Well, thanks for coming this evening.

[57:49] I know that I just want everybody to know that may not seem on the camera there from Nepal.

[57:54] He works on campus, and I know that his wife, our both are residents and town, and they've been here for quite a while.

[58:02] Thanks for coming this evening and joining us.

[58:04] So item 13, Introduction to Topics for Future Discussion, do we have any items that would

[58:10] like to be presented from Council?

[58:14] No?

[58:16] Okay.

[58:18] All right.

[58:18] So let's go on to our meeting for next week, or do I have one body for next meeting?

[58:29] Yes?

[58:29] I should.

[58:30] Yes, I do.

[58:30] I do.

[58:31] I'm sorry.

[58:33] Our next meeting, we do not have a meeting next week.

[58:37] And that's been canceled.

[58:40] It was just going to be an informational meeting,

[58:42] but we don't have anything to talk about.

[58:43] And so our next regular meeting is 25th.

[58:46] We'll have the two first readings that we had this evening.

[58:50] We have a recognition of aye voted sticker contest.

[58:53] And as student report,

[58:56] we've got a bit of word for leechate importance

[58:58] in our contracts and change orders.

[59:02] There is a transfer of multicore license, application for video lottery, and so stay tuned.

[59:10] And then of course we'll have a report from the Assistant of the City Manager, which is always expected to be wonderful.

[59:18] With that being said, any other business items that Council would like to talk about?

[59:24] entertain a motion to adjourn. Some moved. I was a favor say aye. I meeting a adjourn.

[59:37] So everything passed. That means I can.

City Council on 2025-03-11 5:30 PM

Agenda

Transcript