HomeMy WebLinkAbout2020_01_28 CC MinutesM
Brookings City Council
January 28, 2020
The Brookings City Council held a meeting on Tuesday, January 28, 2020 at 6:00 PM,
at City Hall- with the following City Council members present: Mayor Keith Corbett,
Council Members Patty Bacon, Leah Brink, Dan Hansen, Nick Wendell, and Ope
Niemeyer. Absent: Council Member Holly Tilton Byrne. City Attorney Steve Britzman,
City Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
e--- 6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Hansen, seconded by
Council Member Bacon, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent:
1 - Tilton Byrne.
3.A. Action to approve the agenda.
3.13. Action to approve the January 14 and January 21, 2020 City Council Minutes.
3.C. Action on Resolution 20-007, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement 5 -year renewal for ERL, LLC, dba The Depot,
921 20th St. So., Kathy McClemans, Robb McClemans, and Liz McClemans-Novak,
owners, legal description: Lot 7, Block 13, McCleman's Addition.
Resolution 20-007 - ERL, LLC, dba The Depot
Wine On -Sale Alcoholic Beverage Operating Agreement 5 -year Mid -Term Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the On -Sale Wine Alcoholic Beverage
Management Agreement between the City of Brookings and ERL, LLC, dba The Depot,
Kathy McClemans, Robb McClemans, and Liz McClemans-Novak, owners, for the
purpose of a manager to operate the on -sale establishment or business for and on
behalf of the City of Brookings at 921 20th St. So.: legal description: Lot 7, Block 13,
McCleman's Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for the remaining five (5) years of
the ten (10) year agreement.
3.D. Action on Resolution 20-004, a Resolution authorizing Change Order No. 1
(Final) for 2019-07STI Asphalt Concrete Freight on Board Project; Bowes
Construction, Inc.
Resolution 20-004 - A Resolution Authorizing Change Order No. 1 (Final),
for 2019-07STI Freight On Board Project; Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for
2019-07STI Freight on Board Project: Construction Change Order Number 1 Final.
Adjust estimated bid quantities to "as -built" quantities for a total decrease of $36,517.41
to close out the project.
Dr. Martin Luther King, Jr. Contest Awards Presentation In celebration of Dr.
King's birthday, the Brookings Human Rights Commission sponsored a poster contest
for intermediate school students and an essay contest for middle school and high
school students to help students reflect on Dr. King's ideas and their impact on the
community. This year's theme for the poster contest was "in the end, we will remember
not the words of our enemies, but the silence of our friends." Mayor Keith Corbett
presented the winners with the following awards: Grade 4 Poster Contest: 1st Place -
Tyler Davis, 2nd Place - Dante Martinson, 3rd Place — Shawna Nupen, Honorable
Mention - Allyson Couser. Grade 5 Poster Contest: 1st Place — Tavyn Jae Everding, 2nd
Place - Autumn Brink, 3rd Place - Honor Naughton, Honorable Mention - Alexis (Lexi)
Erp. Middle School Essay Contest: 1st Place - Anika Hooda, 2nd Place - Shae Lefers, 3rd
Place - Taya Haselhorst. High School Essay Contest: 1St Place - Grace Enz, 2nd Place -
Cherish Stern, 3rd Place - Victoria Diersen.
SDSU Student Association Report. Hattie Seten, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
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Brookings Municipal Liquor Store Presentation. Brookings Municipal Liquor Store
Manager Janet Coplan provided an overview of the Municipal Liquor Store to the City
Council and the public.
Resolution 20-009. A motion was made by Council Member Hansen, seconded by
Council Member Bacon, that Resolution 20-009, a Resolution to approve the purchase
of a 2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux
Falls, SD, through Sourcewell Contract #022818 -TOY, be approved. The motion carried
by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell
Absent: 1 - Tilton Byrne.
Resolution 20-009 - Resolution to approve the purchase of a 2020 Fire Engine from
Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, through
Sourcewell Contract #022818 -TOY.
Whereas, the City of Brookings Fire Department requests to purchase a 2020 Fire
Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD,
through Sourcewell Contract #022818 -TOY; and
Whereas, the 2020 Fire Engine will replace a 2001 Fire Engine. Replacement of Fire
Engines occur on an 18 -year basis in order to reduce maintenance costs and
breakdowns; and
Whereas, the overall price for the 2020 Fire Engine from Toyne, Inc., Breda, IA
Allegiant Emergency Services, Sioux Falls, SD, is $605,243.00; and
Whereas, Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, is
offering a trade-in value of $65,000.00 for the 2001 Fire Engine; and
Whereas, the 2020 CIP has a budgeted amount of $150,000.00 to cover the first
installment.
Now, Therefore, Be It Resolved that the contract from Toyne, Inc., Breda, IA / Allegiant
Emergency Services, Sioux Falls, SD, in the amount of $540,243.00 be accepted.
Resolution 20-014. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Action on Resolution 20-014, a Resolution authorizing a
Interfund Loan from the Landfill Fund to the Fire Department to be used for the
purchase of a 2020 Fire Engine. be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton
Byrne.
Resolution 20-014 - Resolution Authorizing a Interfund Loan
from the Landfill Fund to the Fire Department
to be used for the purchase of a 2020 Fire Engine
Whereas, the Brookings Fire Department is purchasing a 2020 Fire Engine and desires
to finance a portion of the purchase price using an Interfund Loan from the Brookings
Landfill Fund; and
Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of
the City Council, to loan unrestricted cash from one fund to another fund of the City; and
Whereas, it is in the best interests of the City of Brookings to finance the purchase of
said fire equipment internally through a Interfund Loan from the Landfill Fund to the Fire
Department Fund.
Now, Therefore, B ' e It Resolved, that the City Manager is directed to execute an
Interfund Loan from the Landfill Fund to the Fire Department Fund, providing an annual
interest rate of 1.55%, payable as follows:
Principal: $540,243
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Interest: 1.55%
Term: 6 -year term, 1 payment per year
FIRST READING — Ordinance 20-003. Introduction and First Reading was held on
Ordinance 20-003, an Ordinance Authorizing Supplemental Appropriation No. 2 to the
2020 Budget. Second Reading: February 11, 2020.
Ordinance 20-002. A motion was made by Council Member Hansen, seconded by
Council Member Brink, that Ordinance 20-002, an Ordinance authorizing Supplemental
Appropriation No. 1 to the 2020 Budget, be approved. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent:
1 - Tilton Byrne.
Temporary Liquor ApPlication. A Public hearing was held on a Temporary Liquor
Application from St. Thomas More Catholic School, to operate within the City of
Brookings, South Dakota, on February 1, 2020, for a Winter Gala and Grand Auction to
be held at 1700 8th Street South. A motion was made by Council Member Niemeyer,
seconded by Council Member Hansen, that the Temporary Liquor Application be
approved. Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 -
Tilton Byrne.
Resolution 20-010. A public hearing was held on Resolution 20-010, a Resolution of
Intent to Lease Real Property at Brookings Airport to Madison Aircraft, LLC. A motion
was made by Council Member Bacon, seconded by Council Member Niemeyer, that
Resolution 20-010 be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne.
Resolution 20-010 - A Resolution of Intent to Lease Real Property at
Brookings Airport to Madison Aircraft, LLC
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 Madison Aircraft, LLC for a period of
five (5) years, commencing on January 1, 2020 and ending December 31, 2024 and
pertaining to the following described property: 4,096 square feet in Lot U1, Airport
Hangar Addition Number One, Section 26, Township 110 North, Range 50 West of the
5th P.M., City of Brookings, County of Brookings, State of 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 2020 lease amount will be five
hundred thirty-two dollars and forty -eights cents ($532.48) payable January 31, 2020.
The City of Brookings may terminate this Lease with sixty (60) days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 28,
2020 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 20-011. A public hearing was held on Resolution 20-011, a Resolution of
Intent to Lease Real Property at Brookings Airport to Civil Air Patrol, Inc. A motion was
made by Council Member Hansen, seconded by Council Member Brink, that Resolution
20-011 be approved. The motion carried by the following vote: Yes: 6 - Corbett,
Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne.
Resolution 20-011 - Resolution of Intent to Lease Real Property
to Civil Air Patrol, 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 with Civil Air Patrol, Inc., for a period of
five (5) years, commencing on February 1, 2020 and ending December 31, 2024 and
pertaining to the following described property: approximately 1,040 square feet in the
Brookings Airport Terminal Building in Section 26-T1 1 ON-R50W, City of Brookings,
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South Dakota.
The Lease will be in the amount of eighty-four dollars and forty-two cents cents ($84.42)
per month, payable by the first day of each month. The lease amount will be increased
3% beginning on January 1st of each year. The Lessor or Lessee may terminate this
Lease with a notice of 30 days.
Be It Further Noted, that a public hearing on this Resolution was held on January 28,
2020 at 6:00 o'clock P.M. at the Chambers at the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Resolution 20-012. A motion was made by Council Member Bacon, seconded by
Council Member Brink, that Resolution 20-012, a Resolution Amending the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton
Byrne.
Resolution 20-012 - Resolution Amending the Consolidated Fee Schedule
Whereas, the adopted Municipal Code and City Policies make references to fees
charged; and
Whereas, it is prudent that the fees be reviewed for cost effectiveness.
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
adjustments to the 2020 Consolidated Fee Schedule:
Fee Description
-Resolution
Cit y Code
Fee
Hillcrest Aquatics Center Season Pass
Youth
$190.00
Individual
19-075
Sec. 62-45
$60.00
Family of Three (3)
19-075
Sec. 62-45
$150.00
Daily Admission
19-075
Sec. 62-45
$6.00
Discount Cards
19-075
Sec. 62-45-
$54-00
Recreation Programs
1 $630.00 1
$750.00
Family
Red Cross Lessons- Early Bird
19-075
Sec. 62-45
$35.00
Wee Waders - Early Bird
19-075
Sec. 62-45
$35.00
Junior Lifeguarding - Early Bird
19-075
Sec. 62-45
$40.00
Red Cross Lessons
19-075
Sec. 62-45
$41.00
Wee Waders
19-075
Sec. 62-45
$41.00
Junior Lifequarding
19-075
Sec. 62-45
$46.00
Planning & Zoning
Initial Development Plan Amendment
19-075
Sec. 66-29
$250.00
Final Development Plan Amendment
19-075
Sec. 66-29
$100.00
Portable Signs Per Month (maximum permit
period shall not carry over from one permit
period to the next)
19-075
Sec. 94-
467
$50.00
Fee Description
Early Bird
Regular
Unlimited Golf
Youth
$190.00
$225.00
Young Adult
$465.00
$550.00
Senior / Veteran
$465.00
$550.00
Young Adult Couple
$520.00
$610.00
Senior Couple
$520.00
$610.00
Individual
$550.00
$650.00
Couples
1 $630.00 1
$750.00
Family
1$720.00
$850.00
College Student
1 $255.00
$300.00
Unlimited Golf & Half Cart Packages
Young Adult
1$725.00 1$850.00
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Senior / Veteran
$725.00
$850.00
Youn Adult Couple
$780.00—
$920.00
Senior Couple
$780.00 0.00
.00
Individual
$745.00
$875-00
Couples
$805.00
$950.00
Family
$850.00
$1,000.00
College Student
1 $455.6-0
$535-00
All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Resolution -20-013. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Resolution 20-013, a Resolution Authorizing the City
Manager to sign a Memorandum of Understanding between the South Dakota
Department of Transportation (SDDOT) and the City of Brookings for the 20th Street
South BUILD Project, be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton
Byrne.
Resolution 20-013 - A Resolution Authorizing the City Manager to Sign Memorandum of
Understanding between the South Dakota Department of Transportation (SDDOT) and
the City of Brookings for the 20th Street South BUILD Project
Whereas, the Brookings City Council desires the construction of a new interchange at
Interstate 29 and 20th Street South in Brookings, SD; and
Whereas, the project will be added into the Statewide Transportation Improvement
Program and given project number EM 0295(45)130 and PCN 020V; and
Whereas, the City has been awarded a federal "Better Utilizing Investments to Leverage
Development (BUILD)" Grant in the amount of $18,677,630.00 towards the project; and
Whereas, the City has requested the State of South Dakota to function as the
administrator for the Project along with the Federal Highway Administration (FHWA);
and
Whereas, the City of Brookings has agreed to be responsible for all local match
requirements for the Project, provide Project Management, and other provisions
described in a Memorandum of Understanding between the SDDOT and City of
Brookings.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign a Memorandum of Understanding between the SDDOT and City of
Brookings for the 20th Street South BUILD Project.
MEMORANDUM OF UNDERSTANDING
BETWEEN
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION
AND
CITY OF BROOKINGS, SOUTH DAKOTA
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between the
State of South Dakota, acting by and through its Department of Transportation, referred
to in this MOU as the "STATE," and the city of Brookings, South Dakota, referred to in
this MOU as the "CITY."
BACKGROUND:
1. The CITY wants to build a new interchange at Interstate 29 (1-29) and 20th Street
South, referred to in this MOU as the "PROJECT."
2. The PROJECT will be added into the Statewide Transportation Improvement
Program and given project number EM 0295(45)130 and PCN 020V.
3. The CITY has been awarded a federal "Better Utilizing Investments to Leverage
Development (BUILD) grant, referred to in this MOU as the "GRANT," in the
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amount of Eighteen Million Six Hundred Seventy-seven Thousand Six Hundred
Thirty Dollars ($18,677,630.00) towards the total PROJECT cost.
4. The total PROJECT cost is estimated to be Twenty-three Million Three Hundred
Forty-seven Thousand Thirty-seven Dollars ($23,347,037.00).
5. he CITY, in combination with Brookings County and private development
partners, have committed local match in the amount of Four Million Six Hundred
Sixty-nine Thousand Four Hundred Seven Dollars ($4,669,407.00) for the
PROJECT.
6. The BUILD GRANT funds must be obligated by September 15th, 2021.
7. The BUILD GRANT funds must be expended by September 30th, 2026.
8. The CITY is requesting the STATE to assume administration responsibilities for
the PROJECT.
THE STATE AND THE CITY MUTUALLY AGREE AS FOLLOWS:
A. THE STATE'S RESPONSIBILITIES
1. he STATE will function as the administrator for the PROJECT along with the
Federal Highway Administration (FHWA).
2. The STATE will bill the CITY for any required local match associated with
expenditures of the PROJECT.
3. The STATE will bill the CITY for any costs in excess of the total estimated cost of
the PROJECT.
4. The STATE will bill the CITY for any costs deemed ineligible for GRANT funding
by the STATE or FHWA.
5. The STATE will provide the following:
a. Project agreements authorizing federal funding through FHWA;
b. Technical assistance to the CITY for the PROJECT;
c. Geotechnical recommendations;
d. Surfacing recommendations;
e. Plans Specifications and Estimate (PS&E) review, letting, and construction
administration;
f. A more detailed agreement for the PROJECT prior to PS&E approval; and
g. Coordination on the development of a GRANT agreement with FHWA.
6. Upon completion of the PROJECT, it is the intent that the STATE will assume
jurisdiction, ownership, replacement, repair, and maintenance responsibilities for
all portions of the PROJECT within the control of access.
B. THE CITY'S RESPONSIBILITIES
1. The CITY will be responsible for all local match requirements for the PROJECT.
2. The CITY will coordinate all match and reimbursements with other partners as
identified in BACKGROUND Paragraph 4 above.
3. The CITY will be responsible for any costs determined ineligible for GRANT
funding by the STATE or FHWA.
4. The CITY will be responsible for any costs in excess of the estimated PROJECT
costs.
5. The City Engineer will function and assume all duties as the Project Manager
(PM) for the PROJECT.
6. The PM will:
a. Adhere to the design criteria required by the STATE and FHWA.
b. Assume the responsibilities of Project Management as identified in Chapter 2
of the South Dakota
c. Road Design Manual and any updates to the chapter.
d. Be responsible for review and approval of all billings for the PROJECT, with
the exception of billings related to construction of the PROJECT.
e. Be responsible for development of all documents and activities including but
not limited to, design, plans preparation, utility coordination, Right -of -Way
acquisition (and related activities), and environmental clearances related to
preliminary engineering services in accordance with STATE and FHWA'
requirements.
C. PROJECT LETTING
The STATE plans to let the PROJECT by September 15, 2021. In order to meet this
letting deadline, it is imperative that the CITY promptly provide plans and related
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documents for the PROJECT to the STATE. Time is of the essence. The CITY must
provide PROJECT deliverables and related documents to the STATE by the following
deadlines:
June 30, 2020
The CITY will submit PROJECT preliminary Gradeline plans.
August 12, 2020
The CITY will conduct the Preliminary Design Inspection
October 23, 2020
including Type Size and Location (TS&L) for any structures.
The CITY will conduct the Final Design Inspection.
December 16, 2020 The CITY will provide a Release to Right -of -Way.
February 9, 2021
The CITY will release final plans for review to the STATE.
June 15, 2021
The CITY will provide all certifications, final plans, right-of-
way certifications, environmental clearances, utility
certifications, and necessary state and federal PROJECT
documentation.
D. GENERAL CONDITIONS:
1. This MOU may not be amended, except in writing, which writing will be expressly
identified as a part of this MOU and be signed by an authorized representative of
each of the parties.
2. If the CITY breaches any of the terms or conditions of this MOU, the STATE may
terminate this MOU at any time with or without notice. If the STATE terminates
the MOU, the CITY will be responsible for reimbursing the STATE for all
PROJECT costs paid for with GRANT funds and all PROJECT costs incurred by
the STATE in meeting its responsibilities under this Agreement, including labor
costs and expenses for STATE staff.
3. This MOU depends upon the continued availability of appropriated funds and
expenditure authority from the Legislature and the continued availability of the
GRANT funds from the federal government. If for any reason the Legislature fails
to appropriate funds or grant expenditure authority, or any funds become
unavailable by operation of law or federal funds reductions or denials, the MOU
may be terminated by the STATE. Termination for any of these reasons is not a
default by the STATE nor does it give rise to a claim against the STATE.
4. The CITY has designated its City Manager as the CITY'S authorized
representative and has empowered the City Manager with the authority to sign
this MOU on behalf of the CITY. A copy of the CITY'S Council minutes or
resolution authorizing the execution of this MOU by the City Manager as the
CITY'S authorized representative is attached to this MOU as Exhibit A.
5. Any notices or submissions required under this MOU will be provided to the
following:
For the CITY
Jackie Lanning
City Engineer
Suite 140
Brookings, SD 57006
For the STATE
Scott Rabern
Chief Road Design Engineer
South Dakota Dept. of Transportation
700 East Broadway
Pierre, SD 57501
This MOU is binding upon the signatories not as individuals, but solely in their
capacities as officials of their respective organizations and acknowledges proper action
of the STATE and the CITY to enter into the same.
City of Brookings, South
By:
Its: City Manager
Date:
Attest:
City Clerk
(CITY SEAL)
State of South Dakota
Dakota Department of Transportation
By:
Its: Secretary
Date:
Approved as to Form:
Special Assistant Attorney General
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City's activities/projects.
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Adiourn. A motion was made by Council Member Hansen, seconded by Council
Member Brink, that this meeting be adjourned at 7:05 p.m. The motion carried by a
unanimous vote.
ATTEST:
Foster, City Clerk
CITY OF BROOKINGS
Keith W. Corbett, Mayor