HomeMy WebLinkAboutCCMinutes_2015_12_08 380
Brookings City Council
December 8, 2015
The Brookings City Council held a meeting on Tuesday, December 8, 2015 at 5:00
p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe, and
Scott Meyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon and City Clerk
Shari Thornes were also present.
Executive Session. A motion was made by Council Member Meyer, seconded by
Council Member Hansen, to enter into executive session at 5:03 p.m. for the purpose of
discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee, with the City
Manager present. The motion carried by a unanimous vote. A motion was made by
Council Member Bacon, seconded by Council Member Corbett, to exit Executive
Session at 6:05 p.m. The motion carried by a unanimous vote.
Consent Aqenda. Move item #6.C. Action on 2016 City Manager Compensation
Package to item 9.D. A motion was made by Council Member Hansen, seconded by
Council Member Meyer, to approve the Consent Agenda as amended. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Meyer,
Thorpe, and Bacon.
3.A. Action to approve the agenda, as amended.
3.B. Action on Resolution 15-121, a Resolution approving Change Order No. 1
(Final) for 2015-03SS1, Division Avenue Drainage Improvement Project, Phase 2;
Timmons Construction, Inc.
Resolution 15-121 - Resolution authorizing Change Order No. 1 (Final)
for 2015-03SS1, Division Avenue Drainage Improvement Project; Timmons
Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2015-
03SS1, Division Avenue Drainage Improvement Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities and for additional work to install seeding, fiber mulching, erosion control
blanket and a concrete headwall for the 18" CMP for a total decrease,of$4,890.26 to
close out the project.
3.C. Action on Resolution 15-122, a Resolution declaring Parks & Forestry
equipment as surplus property.
Resolution 15-122 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Parks and Forestry Department: One (1) 1994
John Deere Bunker Rake, Model 1200, Serial Number M01200G912508; One (1) 1991
GMC 3500, Serial Number 1GDHC34K2ME521054; One (1) 1985 Jacobsen 548-100
Seeder, Serial Number 4500; One (1) 1992 Ford F150 4x4, Serial Number
1FTEX148NKA99918; One (1) 1996 Ford F1504x4, Serial Number
1 FTEF14N9TLB70134; One (1) 1978 GMC 6000, Serial Number TCE6180598215; One
(1) 1980s 18 inch Ryan Sod Cutter, Serial Number 105927; One (1) 1980s John Deere
Sweeper, Serial Number M00246C141156; One (1) 36ft x 7ft 4 inch Mobil Yard Ramp;
and Four (4) 60ft Musco Light Poles with electrical boxes and cross arms.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property; and
� Whereas, the City Manager hereby authorized to sell 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.
3.D. Action on Resolution 15-123, a Resolution declaring a 1997 SnoGo Snow
Blower as surplus property (Street Dept.).
Resolution 15-123 - Declaring Surplus Property
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Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Street Department: One (1) 1997 SnoGo Snow
Blower, Model MP-3D, Serial Number 3686.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property; and
Whereas, the City Manager hereby authorized to sell 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.
3.E. Action on Resolution 15-124, a Resolution declaring a 2009 John Deere 744K
Pay Loader as surplus property (Landfill/Solid Waste Dept.).
Resolution 15-124 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used by the City of Brookings Landfill Department: One (1) 2009 John Deere
744K Pay Loader; Serial#DW744KX624747.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property;
Whereas, the City Manager is hereby authorized to sell 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.
3.F. Action on Resolution 15-126, a Resolution declaring Fire Department
equipment as surplus property. '
Resolution 15-126 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Fire Department: One (1) 1992 Spartan Aerial
Truck, Model LA40S, VIN Number 4S7DT9J06PC006906.
Whereas, in the best financial interest, it is the desire of the City of Brookings to trade-in
same as surplus property towards the purchase of a 75 foot Quint Fire Apparatus (bid
was awarded on 1/13/2015); and
Whereas, the City Manager hereby authorized to trade-in 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.
Resolution 15-114. A motion was made by Council Member Corbett, seconded by
Council Member Niemeyer, that Resolution 15-114, a Resolution for the purchase of a
744K John Deere Loader off the State of Minnesota Bid, be approved. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Resolution 15-114 - Resolution to purchase a John Deere Loader
off of the State of Minnesota Governmental Bid
Whereas, the City of Brookings will purchase a John Deere 744K Loader off of the State
of Minnesota governmental bid held on April 16th, 2015; and
Whereas, the City of Brookings will purchase from RDO Equipment Company,
Burnsville, Minnesota the John Deere 744K in the amount of$322,753.00.
Now Therefore, Be It Resolved that the bid from RDO Equipment Company in the
amount of$322,753.00 be accepted.
Resolution 15-119. A motion was made by Council Member Meyer, seconded by
Council Member Hansen, that Resolution 15-119, a Resolution to purchase a new half-
ton crew cab pickup off the State of South Dakota vehicle bid, be approved. The motion
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carried by the foliowing vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Resolution 15-119 -Action to Purchase a new Half-Ton Crew Cab Pickup
off of another Governmental Agency Bid
Whereas, the City of Brookings Street Department requests action to purchase a new
half-ton crew cab pickup off the State of South Dakota vehicle bid.
Base price for the half-ton 4x4 crew cab short box pickup is $26,281.00. Selected
options total $3,718.00 bringing the total purchase price to $29,999.00.
This pickup will replace a 1989 Chevy S10 pickup. Delivery and payment will be made
after January 1, 2016.
Ordinance 15-021. An Amendment was made for Capital Project Fund TIF #6 Digester
in the amount of $350,000. A public hearing was held on Ordinance 15-021, an
Ordinance authorizing a Supplemental Appropriation to the 2015 Budget for the City of
Brookings, SD. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, that Ordinance 15-021 be approved. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
House Movinq. A public hearing was held to move a finro-story residential home from
2230 Rhonda Road to the property described as Lot 8 and the W '/2 of Lot 9, Block 1,
Third Addition, also known as 103 5th Street. A motion was made by Council
Member Niemeyer, seconded by Council Member Hansen, that the house moving be
approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Ordinance 15-020. A public hearing was held on Ordinance 15-020, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to an Animal
Hos ital and Crematorium for the purposes of administration of the Zoning Ordinance. A
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motion was made by Council Member Hansen, seconded by Council Member
Niemeyer, that Ordinance 15-020 be approved. The motion carried by the following
vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Ordinance 15-025. A public hearing was held on Ordinance 15-025, an Ordinance
amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings
and pertaining to the adoption of the 2015 International Building Code, the 2015
International Residential Code, the 2015 International Mechanical Code, the 2015
International Fire Code, and the 2015 International Existing Building Code with certain
amendments thereto. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Ordinance 15-025 be approved. The motion carried by
the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and
Bacon.
Resolution 15-115. A public hearing was held on Resolution 15-115, a Resolution of
Intent to Lease Real Property to Private Person; Harrison Thompson. A motion was
made by Council Member Corbett, seconded by Council Member Meyer, that
Resolution 15-115 be approved. The motion carried by the following vote: Yes: 7 -
Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-115 -A Resolution of Intent to Lease Real Property
to Private Person; Harrison Thompson
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Harrison Thompson for a period of
five (5) years, commencing on January 1, 2016 and ending December 31, 2020 and
pertaining to the following described property: 5,280 square feet on Lot 1, Block 3 at the
Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of
Brookings, Brookings County, South Dakota.
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The lease wiil be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2016 lease amount will be five
hundred eighty dollars and eighty cents ($580.80) payable January 31, 2016. The City
of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o'clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Resolution 15-116. A public hearing was held on Resolution 15-116, a Resolution of
Intent to Lease Real Property to Private Person; Robert Fite. A motion was made by
Council Member Hansen, seconded by Council Member Meyer, that Resolution 15-116
be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-116 - A Resolution of Intent to Lease Real Property
to Private Person; Robert Fite
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Robert Fite for a period of five (5)
years, commencing on January 1, 2016 and ending December 31, 2020 and pertaining
to the following described property: 7,600 square feet on Lot 1, Block 5 at the Brookings
Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings,
Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2016 lease amount will be eight
hundred thirty six dollars and zero cents ($836.00) payable January 31, 2016. The City
of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o'clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Resolution 15-117. A public hearing was held on Resolution 15-117, a Resolution of
Intent to Lease Real Property to South Dakota State University. A motion was made by
Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 15-
117 be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett,
Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-117 - A Resolution of Intent to Lease Real Property
to South Dakota State University
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with South Dakota State University for a
period of five (5) years, commencing on January 1, 2016 and ending December 31,
2020 and pertaining to the following described property: 4,800 square feet on Lot Z,
Block 5 of Airport Hangar Addition Number One and a 540 square foot parcel on the
west side of Lot Z at the Brookings Regional Airport, in Section 26 and 27, T110N,
R50W in the City of Brookings, Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2016 lease amount will be five
hundred eighty seven dollars and forty cents ($587.40) payable January 31, 2016. The
City of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o'clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
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Resolution 15-118. A public hearing was held on Resolution 15-118, a Resolution of
Intent to Lease Real Property; Advance. A motion was made by Council Member
Hansen, seconded by Council Member Meyer, that Resolution 15-118 be approved.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
Resolution 15-118 -A Resolution of Intent to Lease Real Property to Advance
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Advance for a period of one(1) year,
commencing on January 1, 2016 and ending December 31, 2016 and pertaining to the
following described property: A 15,300 square foot parcel, designated as parking lot, at
the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of
Brookings, Brookings County, South Dakota.
The lease will be payable January 31, 2016 and subject to increases set by the
Brookings City Council. The 2016 lease amount will be one thousand six hundred eighty
three dollars and zero cents ($1,683.00) payable January 31, 2016. The City of
Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o'clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Ordinance 15-022. A public hearing was held on Ordinance 15-022, an Ordinance
amending Chapter 14 of the Code of Ordinances of the City of Brookings, South Dakota
to include provisions pertaining to the keeping of chickens in the City of Brookings. A
motion was made by Council Member Bacon, seconded by Council Member Meyer, that
Ordinance 15-022 be approved. The motion failed by the following vote: Yes: 3 -
Thorpe, Meyer, and Bacon; No: 4 - Reed, Corbett, Hansen, and Niemeyer.
A motion was made by Council Member Meyer, seconded by Council Member
Bacon, to direct city staff to continue working with the Sustainability Council on how to
make urban agriculture supported in Brookings; looking at ordinances which should be
removed, added, or changed. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Tabled Item: Transaortation Traffic Analvsis A motion was made by Council
Member Niemeyer, seconded by Council Member Hansen, to remove Transportation
Traffic Analysis, Highway 14 (6th Street) from Main Avenue to Medary Avenue;
comparison of 3-lane and 5-lane design from the table. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
A motion was made by Mayor Reed, seconded by Council Member Hansen, to amend
the main motion to include that the City Council accepts the Brookings Bike Advisory
Committee's report and will incorporate their recommendations into the 6th Street
Project. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
A motion was made by Council Member Hansen, seconded by Council Member
Corbett, that the main motion, as amended, be approved. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-120. A motion was made by Council Member Corbett, seconded by
Council Member Meyer, that Resolution 15-120, a Resolution Adopting Rules and
Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights
Commission, be approved. The rnotion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-120 - Resolution Adopting Rules and Regulations for the Conduct of
Complaint Procedures of the Brookings Human Rights Commission
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Be it Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings adopts the attached Rules and Regulations for the
Conduct of Complaint Procedures of the Brookings Human Rights Commission;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, that the City of Brookings adopts the attached Rules and Regulations for
the Conduct of Complaint Procedures of the Brookings Human Rights Commission.
Resolution 15-125. A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, that Resolution 15-125, a Resolution setting forth a Policy to
guide Capital Improvements, be approved. The motion carried by the following vote:
Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-125 -A Resolution Prescribing a Long-Range Capital
Investment Plan and Planning Process to Better Meet the Future
Capital Needs of the Community
Whereas, the City Council is committed to effective and efficient long-range planning as
a tool for the implementation of the community's vision for growth, sustainability, and
entrepreneurship; and
Whereas, the City Council has identified an extensive list of potential capital
expenditures and projects designed to achieve the community's vision; and
Whereas, the City has a past practice of annually adopting a five-year rolling Capital
Improvement Plan (CIP) designed to identify, prioritize, and finance capital expenditures
from various funds; and
Whereas, it has become evident the extensive list of potential capital expenditures and
projects requires more extensive financial planning than the previous CIP development
practices; and
Whereas, the City has enforced the collection of Second Penny Sales and Use Tax
Revenues in the City which are dedicated to capitalized investment with 75 percent of
said revenue stream dedicated to non- public safety capital improvements, which has
proven to be an effective means of financing capital improvements necessary for
community improvements (Public Improvement Fund).
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that;
(1) The Capital Improvement Plan (CIP) be continued using a five-year rolling schedule
to identify capital expenditures; but limit the contents of the CIP for the repair,
replacement, acquisition of vehicles and equipment, existing buildings and structures,
and routine preventative maintenance to infrastructure.
Be It Further Resolved that:
(2) The City adopt a Community Reinvestment Plan (CRP) using a ten-year rolling
schedule to identify capital expenditures that constitute a strategic effort to guide proper
investments utilizing the Public Improvement Fund. The CRP shall include new or major
expansions to existing facilities including but not limited to buildings and grounds for
future public facilities, property for future development use, right-of-way, public open
space or parkland; and new infrastructure projects such as roads, streets, bridges,
utilities, or parking lots.
Be It Further Resolved that:
(3) The CIP and CRP shall be updated annually as part of the budget approval process
and is intended to be a strategic investment guide for future City Council decisions. As
such, both planning documents shall remain flexible to changing conditions,
circumstances, and community expectations.
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Be It Further Resoived that:
(4) The 2017-2026 CRP shall plan for the asset allocation from the Public Improvement
Fund of investment in the foliowing general areas:
a.$6 million for the SDSU Performing Arts Center from 2017-2027.
b.$5.6 million for the Brookings Recreation Community Center for 2017-2021. Other
funding from for this facility will be from a voter-approved referendum not to
exceed $15 million and additional funding from donations and sponsorships.
c.$750,000 for the Brookings Hospital Expansion from 2017-2027.
d.$11 million from 2017-2026 for major street repair and overlayments. (This item is
part of the CIP. It is in shown in the CRP to reserve funds over the 10 years to
maintain quality of our roads)
e.$11 million from 2017-2026 for new street construction (West 20th Street South,
Western Avenue), 6th Street Gateway Enhancements, airport crosswind runway /
taxiway improvements, and East 20th Street South overpass/interchange.
f.$5 million for Swiftel Center between 2017-2026 for general building upgrades and
improvements to conference/meeting space.
g.$5 million for upgrades, enhancements to park facilities from 2021-2026 including
ball field complexes, trail extensions, and new parks.
Citv Council Vacancv Process Council Member Meyer announced that February 9,
2016 would be his last City Council meeting and that he would be vacating his seat 63
days prior to the April 12 Election, thereby allowing someone to run for his vacated finro-
year term. A motion was made by Council Member Meyer, seconded by Council
Member Corbett, to officially submit for Council acceptance his formal resignation,
effective February 10, 2016. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Mayor Reed said the City Council is required to appoint someone to the Council for the
period from February 10 to April 30. A motion was made by Mayor Reed, seconded by
Council Member Corbett, to adopt the following process: 12/8/2015 Action to approve
schedule/process; 12/10/2015 Press Release advertising vacated council seat, effective
2/10/2015-6/1/2016; 1/5/2016 deadline for applications; 1/12/2016 applicants provide
comments to the City Council during open meeting; 1/26/2016 Action to appoint Council
Member, effective 2/10/2016; 2/9/2016 Council Member Meyer's last council meeting;
and 2/10/2016 newly appointed Council Member is sworn in and takes Oath of Office.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
2016 Citv Manaaer Compensation Packaqe A motion was made by Council Member
Hansen, seconded by Council Member Meyer, that the 2016 City Manager
Compensation Package of (2.75%, increase of$4,057.96, for a total salary of
$151,620.50), be approved. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Introduction of topics for Future Discussion
A motion was made by Council Member Bacon, seconded by Council Member Thorpe,
asking staff to prepare a policy for a demonstration pilot project issuing temporary
permits to test out backyard chickens. A friendly amendment was made by Mayor Reed
to direct staff to work with the Sustainability Council to develop a process and staff will
determine legal requirements. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Adiourn. A motion was made by Council Member Hansen, seconded by Council
Member Corbett, to adjourn the meeting at 9:54 p.m. The motion carried by a
unanimous vote.
CITY OF R OKINGS
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ATT€S �y:•'��� � �;�m Tim Reed, Mayor
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Shari Th " � � ' Clerk