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Home My WebLink AboutCC Minutes_2017_02_28 21 Brookings City Council February 28, 2017 The Brookings City Council held a meeting on Tuesday, February 28, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Mayor Scott Munsterman, and Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. City Manager Jeffrey Weldon, City Attorney Steve Britzman, and Cifiy Clerk Shari Thornes were also present. Consent Aqenda. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to approve the Consent Agenda. Friendly Amendment was made by Council Member Hansen to add to the agenda the appointment of Jennifer McLaughlin to the Sustainability Council (term expires 1/1/2019). The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. 3.B. Action to approve the February 14 City Council Minutes. 3.C. Action on Resolution 17-021, a Resolution designating Election Judges for the April 11, 2017 Combined Municipal / School Board Election. Resolution 17-021 -Appointment of Election Judges Whereas, a City of Brookings Municipal Election will be held on April 11, 2017 for the positions of one Mayor, two Council members and two School Board members; and Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election Superintendents and Deputies and set their rate of compensation; and Whereas, the following superintendents and deputies are hereby appointed at a rate of $12.50 per hour for superintendents, $12.00 per hour for deputies, and a flat fee of $25.00 for the April 10, 2017 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and Ken Ahartz as Alternate; VOTE CENTER 1 — Brookings Activity Center: Norma Linn, Superintendent, Kris Cooper, Carol Dusharm, Delores Canaday, and LaVonne Kurtz; VOTE CENTER 2 — Bethel Baptist Church: Sue Knutzen, Superintendent, Sharon Anderegg, Marilyn Foerster, Robert Bell, and Linda Thaden; VOTE CENTER 3 — Holy Life Tabernacle Church: Bobbe Bartley, Superintendent, Russell Lokken, Marilyn Heesch, Ellen Herrboldt, and Mary Peterson; VOTE CENTER 4 — Ruth Anderson, Superintendent, Gloria Pike, Ron Thaden; ABSENTEE VOTE CENTER — Larry Hult, Superintendent, Ken Ahartz, Ray Dorn; ALTERNATES — Linda Schamp, Bev Carlson, and Janet Seeley. 3.D. Action on Resolution 17-023, a Resolution declaring 2004 Dodge Durango as Surplus Property. Resolution 17-023 - Declaring Surplus Property: 2004 Dodge Durango Whereas, the City of Brookings is the owner of a 2004 Dodge Durango; and 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 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.E. Action on Resolution 17-026, a Resolution Concurring in the Placement of Stop Signs on 13th Avenue, at its intersection with 4t" Street. Resolution 17-026 - Concurring in the Placement of Stop Signs on 13t" Avenue, at its Intersection with 4t" Street Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of 2- way stop signs on 13t" Avenue at its intersection with 4t" Street. 3.F. Action on Resolution 17-028, a Resolution to Purchase off another Governmental Agency Bid: 2017 Tandem Axle Truck and Stainless Steel 22 Dump Body. Resolution 17-028 -Action to Purchase off another Governmental Agency Bid The City of Brookings Street Department requests action to purchase a new Tandem Axle Truck off of the City of Sioux Falls, SD bid, as well as a stainless steel dump body off the Clay County bid. The City of Sioux Falls Contract#15-0020 for a tandem axle truck bid was awarded in 2015 to I-State for $106,479.00. In December of 2016 the City of Sioux Falls exercised an option to extend Contract #15-0020 with a 3 percent price escalation for the 2017 calendar year. This brings the 2017 purchase price to $109,673.00 for the Brookings Street Department. Clay County Highway Department awarded Sanitation Products a contract for a stainless steel dump body, with options, in May 2016 to a total price of$73,824.00. The City of Brookings Street Department's 2017 pricing, with options, is for a total of $62,356.00. This tandem axle truck and stainless steel dump body will replace a 1997 GMC tandem axle truck and dump body. 3.G. Action on Resolution 17-029, a Resolution declaring items as surplus property. Resolution 17-029 - Resolution declaring items as surplus property; Miscellaneous Electronic Equipment Whereas, SDCL 6-13-1 requires a municipality owning personal property which is no longer necessary, useful, or suitable for municipal purposes shall, by resolution declare it surplus and may, by resolution, order the sale, trade, destruction or other disposal of said personal property. Now, Therefore, Be It Resolved that the following personal property be declared no longer necessary, useful, or suitable for municipal purposes and said property shall be disposed of in accordance with SDCL 6-13-1. Surplus Property to be sold or destroyed (recycled): To be taken to Electronic Drop-Off Recyclinq Facility at Citv Landfill for Recvclinq• City IT: Computer Monitors: AOC LM929 LCD Monitor#2704AJA000453 (bad); Gateway 2100 #MWV6950N08574 (bad); HP Pavilion F1703 #CNCHLOD904 (bad); AOC LM729 #17159HA012012 (bad); Laptops: Panasonic TB Elite CF-Y4 #6DKSA39519R (bad), #6DKSA39520R (bad), #6DKSA39507R (bad); Compaq Armada E500 #1J02CZQ4A25P (bad); HP Elitebook 8730w#CNU8361086 (bad), #CNU8361086 (bad); Printers: HP Laserjet 5100dtn #CNGN124304 (bad); Sharp Laser Copier #3501418Y (bad); HP Color LaserJet CP 2025 # CN65204575 (bad); HP Color LaserJet 2600n #CNDC5CX032 (bad); Xerox Phaser 6180 #DPX354912 (bad); Xerox Phaser 6180 #DPX354902 (bad); Lexmark E350d #622BM4Z (bad); HP Deskjet F4480 #CN97EBQ253 (bad); PCs: HP Compaq dc7800p #MXL7470P73 (bad); Dell Dimension 3000 #4L67Q71 (bad); Gateway 5310 #003567828 (bad); HP Compaq dc7800p � #MXL7470P73 (bad); Scanner: HP 4370 FCLSD-0511 #CN83MA5003 (bad). C� Library: Monitors: Gateway 20 Inch Flatscreen TFT1980PST #MW869 BOH 02989 (does not work); Gateway 15 Inch Flatscreen FPD1530 #MUL5021C0047344 (does not work); Viewsonic 17 inch Flatscreen VA7023 #PSX062563938 (does not work); Magitronic 15 inch CRT#5031054 (obsolete); Dell 15 Inch CRT#CN090151-64180- 517-01 WT (obsolete); Gateway CRT CPD-VX900T#8039998 (obsolete); PCs: Lenovo 7269 (L4) #1 S7269D5UMJDNL34 (does not work); iMac MA590LUA w/ keyboard #W8646AESVUX (obsolete); iMac MA710LUA w/ keyboard #QP65005LWH5 (obsolete); iMac MA710LL/A w/ keyboard #QP6500F1Wh5 (obsolete); iMac MA710LUA w/ keyboard #QP6500NYWH5 (obsolete); HP DX5150 (HP25) #2UA6231 C7T (does not work— hard drive removed); Server: Gateway Server 930 Series #27034473 (obsolete): Kevboards: HP #BAUHPOMVB2EF9A (does not work); Gateway SK-9921 #A649390 (does not work), #AE622477 (obsolete), #H865813 (obsolete), #H865581 (obsolete), #H874030 (obsolete), #A649391 (obsolete), #G395142 (obsolete), #H949828 (obsolete); Dell RT7D5JTW# TH-0463CD-37171-06U-6306 (obsolete); Keyboard KB- 6923 #7H01200145 (obsolete), #7H01200147 (obsolete), #7H11600410 (obsolete); Dell RT7D5JTW# TH-0463CD-97171-18K-1348 (obsolete); TigerSystems KB-6923 #7H11600841 (obsolete); Dell SK-8000 #035KKW (obsolete); Gateway G9900 # � 23 6365564 (obsolete); HP KB-9970 #2A25800567B (obsolete); Mouse: Gateway Ball Mouse #7002409 (obsolete); Speakers: SoundBlaster Speakers #SBS30 (obsolete). To be listed on www.publicsurplus.com: CitX IT: PCs: CAM #82788; Dell Optiplex 755 #JV2SGF1; HP Compaq dc5000MT #2UB50602G4; HP Compaq dc5100mt #2UA63016ZF; HP Compaq dc5750 #2UA74012HL; HP Compaq dc5800 Microtower# MXM82304FD; HP Compaq dx7500 #MXL90819G3; HP dc5000 Microtower #USW43409FV; HP dc5100 Microtower#2UA63016ZG; HP dc5100 Microtower #2UB55007S3; HP dc5750 #MXM8150254; HP DX2200MP #2UA65202JK; HP XW4600 #2UA90711 BY; Server: HP Proliant ML 310 G4 #MX20737002; 5-Port Switch: Linksys 5-Port 10/100 switch #REF10F1004461; Fire Walls: Sonic Wall TZ170 #0006B10A634C, #0006B122AC08, #0006B1258CF8; Sonic Wall TZ180 #0006B12956F4, #0017C5294E6C. Public Librarv: Monitors: NEC 20 Inch Flatscreen Multisync 195NXM #7Y00499NA (works — missing power button); Gateway 15 Inch Flatscreen FPD 1520 #MUL5016A0002636; PCs: Gateway E-4500D (G57) #36868786; Gateway E4610D (G65) #3642779; Gateway E4610D (G69) #40277129; Printer: Brother DCP 8080DN #U62269H9J17858 (works — but finicky). Resolution 17-024. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 17-024, a Resolution Awarding Bids on 2017- 07STI, Asphalt Concrete Freight on Board Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-024 - Resolution Awarding Bids on Project 2017-07STI Asphalt Concrete Freight On Board Project Whereas, the City of Brookings opened bids for Project 2017-07STI Asphalt Concrete Freight On Board Project on Tuesday, February 21, 2017 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for Project 2017-07STI Asphalt Concrete Freight on Board Project: Bowes Construction Co., Inc.: $69,890.00. Now Therefore, Be It Resolved, that the total low bid of $69,890.00 for Bowes Construction Co., Inc., Brookings, SD be accepted. Resolution 17-025. A motion was made by Council Member Corbett, seconded by Council Member Kidwiler, that Resolution 17-025, a Resolution Awarding Bids on 2017- 06ST1, Chip Seal Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-025 - Resolution Awarding Bids on Project 2017-06STI Chip Seal Project Whereas, the City of Brookings opened bids for Project 2017-06STI Chip Seal Project on Tuesday, February 21, 2017 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2017-06STI Chip Seal Project: Topkote, Inc. - $253,890.00; Bituminous Paving, Inc. - $281,460.00 and The Road Guy Construction Co., Inc. - $295,500.00. Now, Therefore, Be It Resolved, that the low bid of$253,890.00 for Topkote, Inc. be accepted. Add-Alternate for Fire Station Proiect Heatinq Svstem. No action was taken. Introduction of Officer Seth Bonnema and K-9 Officer Gina. Police Chief Jeff Miller introduced Officer Seth Bonnema and K-9 Officer Gina, the newest member of the Brookings Police Dept. to the City Council and public. 24 FIRST READING - Ordinance 17-007 An Introduction and First Reading was held on Ordinance 17-007 an Ordinance authorizing Supplemental Appropriation #1 to the 2017 Budget. Second Reading: March 28, 2017. On-Off Sale Malt Beveraqe License A Public Hearing was held on an On-Off Sale Malt Beverage Alcohol License for Mad Jacks LTD, dba Mama Mia, Dennis Bielfeldt, owner, 1300 Main Ave. So., Brookings, South Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition. A motion was made by Council Member Corbett, seconded by Council Member Bacon, that the license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-030. A Public Hearing was held on Resolution 17-030, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Mad Jacks Ltd, dba Mama Mia, Dennis Bielfeldt, owner, 1300 Main Ave. So., Brookings, SD, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition. A motion was made by Council Member Wendell, seconded by Council Member Corbett, that Resolution 17-030 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-030 - Mad Jacks LTD, dba Mama Mia —Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of Brookings and Dennis Bielfeldt, owner, Mad Jacks LTD, dba Mama Mia, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 1300 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years, with a renewal for another five (5) years. Temporarv Alcohol License. A public hearing was held on a Temporary Liquor Application for the Brookings Police Foundation Pig Roast, to be held at the National Guard Armory (300 5th St. So.) on April 9, 2017. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-027. A Public Hearing was held on Resolution 17-027, a Resolution of Intent to Lease Real Property to Bowes Construction, Inc. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Resolution 17-027 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-027 - Resolution of Intent to Lease Real Property to Bowes Construction, Inc. 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 agreement with Bowes Construction, Inc., for a period not to exceed twenty-one (21) months and pertaining to the following described property: South 300' of Block 9, Wiese Addition — 3031 6th Street. Be It Further Noted, that a Public Hearing on this Resolution was held on February 28, 2017 at 6:00 o'clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Ordinance 17-006. A Second Reading was held on Ordinance 17-006, an Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2015 International Residential Code wi#h Certain Amendments on Frost Protection. A motion was made by Council Member Kidwiler, seconded by Council 25 Member Wendell, that Ordinance 17-006 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-002. A Public Hearing was held on Ordinance 17-002, an Ordinance rezoning the North 405 feet of the South 670 feet in the SW '/4 SW �/4 excluding the platted areas of Section 36-T110-R50W and Lot 100, Windermere Pointe Addition, excluding the south 225 feet, from a Business B-2 District and a Business B-2A Office District to a Residence R-3 Apartment District (location: North of 20th Street South and west of Windermere Addition). A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Ordinance 17-002 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-005. A Public Hearing was held on Ordinance 17-005, an Ordinance amending the Zoning Ordinance of the City of Brookings to include wholesale trade with storage yard as a Conditional Use in the Business B-3 District of the Zoning Ordinance. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that Ordinance 17-005 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-003. A Public Hearing was held on Ordinance 17-003, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to accessory building location for the purposes of administration of the Zoning Ordinance. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Ordinance 17-003 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-004. A Public Hearing was held on Ordinance 17-004, an Ordinance amending the Subdivision Regulations of the City of Brookings and pertaining to secondary access for residential subdivisions for purposes of administration of the Subdivision Ordinance. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 17-004 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Bicvcle Master Plan. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to approve the Bicycle Master Plan for the City of Brookings. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-022. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Resolution 17-022, a Resolution Reaffirming Brookings Values of Inclusion, Respect, Tolerance, Equality, and Justice, and the City's Commitment Toward Action to Reinforce These Values, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-022 -A Resolution Reaffirming Brookings Values of Inclusion, Respect, Tolerance, Equality and Justice, and the City's Commitment Toward Action to Reinforce These Values Whereas, accounts of incidents of hate targeted at Muslim, Sikh, Arab, Jewish, Latino, African-American, Asian, Native-American, female, people with disabilities, immigrant, refugee, lesbian, gay, bisexual, transgender, queer, and other high risk community members have been reported to police, on social media, and to advocacy organizations across the nation; and Whereas, many in our community are hurting and fearFul as a result of the rise of a rhetoric of exclusion and vilification; and 26 Whereas, the City of Brookings draws strength from the diversity of its residents' age; ethnicity; gender; gender identity; language; nationality; physical, mental, and developmental abilities; race; religion; sexual orientation; skin color; socio-economic status; political ideology; and perspective; and Whereas, the City of Brookings has a Human Rights Commission whose mission is to improve human relations in the Brookings area by fighting discrimination through education and a complaint resolution procedure; and Whereas, the City of Brookings supports the elimination of violence and harassment against women and other high risk minorities and is committed to providing direct services, education, culturally competent policing practices, family law, and governance for the prevention of crimes against women and other high risk minorities; and Whereas, the City of Brookings supports the peaceful exercise of free speech and assembly for all people, Now, Therefore, Be It Resolved by the City of Brookings that: Section 1. The City of Brookings will continue to be an inclusive city that treats everyone with dignity and respect, and affirms and celebrates its mosaic of diverse residents and visitors. Section 2. The City of Brookings reaffirms its commitment to uphold justice, provide equality of opportunity for all, actively encourage all voices to be heard, promote inclusion, and oppose acts of intolerance or discrimination. Section 3. The City of Brookings will implement measures to facilitate reporting, tracking, and responding to hate and bias-motivated activities in Brookings. Adiourn. A motion was made by Council Member Corbett, seconded by Council Member Bacon, to adjourn the meeting at 8:09 p.m. The motion carried by a unanimous vote. CIT O RO KIN S tt nsterman, Mayor ATTEST: ��"�;S b �zEO��'.,r.J. a,»��r �) p e,�.e° ';o �`��_J// " " o� �/ P�„4�� :_ � �¢..� , �, Ce-0. hari Thornes, City Cle ��K�N�S�'�