HomeMy WebLinkAbout2021_11_09 CC MinutesBrookings City Council
November 9, 2021
The Brookings City Council held a meeting on Tuesday, November 9, 2021 at 6:00 PM,
at the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Holly
Tilton Byrne, Nick Wendell, Patty Bacon, Joey Collins, and Wayne Avery. Attorney
Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also
present.
6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Mayor Niemeyer, seconded by Council
Member Bacon, to amend the agenda to add "action to cancel the November 16th Study
Session." The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon,
Wendel, Tilton Byrne, Collins, and Avery. A motion was made by Council Member
Tilton Byrne, seconded by Council Member Bacon, to approve the agenda as amended.
The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell,
Tilton Byrne, Collins, and Avery.
3.A. Action to approve the agenda.
3.B. Action to approve the October 26, 2021 City Council Minutes.
3.C. Action on Resolution 21-088, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement renewal for Schoon's Pump N' Pak South, Jon
Schoon, owner, 1205 Main Ave. So. Legal description: Outlot 8, NE 1/4,.66 acres,
Section 35-Tl10N-R50W.
Resolution 21-088 - Wine Operating Agreement - renewal
Schoon's Pump N' Pak South
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal for the Wine Operating Management Agreement between
the City of Brookings and Schoon's Pump N' Pak South, Jon Schoon, owner, for the
purpose: of a manager to operate the on -sale establishment or business for and on
behalf of the City of Brookings at 1203 Main Avenue South. Legal Description: Outlot 8,
NE 1/4, .E36 acres, Section 35-Tl10N-R50W.
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 a period of ten (10) years, with a
renewal in five (5) years.
3.D. Action on Resolution 21-089, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement 5 -year mid-term renewal for Wooden Legs
Brewing Co., 309 5th Street, Suite 100, Seth Koch, Brent Mathiason, and Steven
Krueger, owners. Legal description: Lots 15-16, Block 14, Second Addition.
Resolution 21-089 - Wine Operating Agreement - renewal
Wooden Legs Brewing Co.
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 Wooden Legs Brewing Co.,
Seth Koch, Brent Mathiason, and Steven Krueger, 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 309 5th Street, Suite 100. Legal description: Lots 15-16, Block 14,
Second 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.E. Action on Resolution 21-090, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement renewal for McCrory Gardens Educational
Visitors; Center, Aramark Educational Services, LLC, manager, Gtr, Street / 22nd
Avenue. Legal description: a portion of the SE '/4 of Section 24-TI10N-R50W
(located on northwest corner of 6th Street and 22nd Avenue).
Resolution 21-090 - Wine Operating Agreement - renewal
McCrory Gardens Educational Visitors Center
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Aramark Educational Services, LLC, Manager
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal for the Wine Operating Management Agreement between
the City of Brookings and McCrory Gardens Educational Visitors Center Aramark
Educational Services, LLC, Manager, for the purpose of a manager tooperate the on -
sale establishment or business for and on behalf of the Cit of Brookings at 6th Street /
22nd Y g
22 Avenue. Legal description: a portion of the SE 1/4 of Section 24-Tl10N-R50W
(located on northwest corner of 6t" Street and 22nd Avenue).
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 a period of ten(10) ears, with a
renewal in five (5) years.
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3.F. Action on Resolution 21-092, a Resolution declaring p property sur lusfor
the City of Brookings.
Resolution 21-092 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Administration
• Antique wood brochure rack
Police Dept.
• Glock 17 9mm Pistol — SN WSS504
Whereas, in the best financial interest, it is the desire of the
Cit of Brookings to dispose
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of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of said surplus
property.
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Now, Therefore, Be It Resolved by the governing bodyof the Cit of Brookins SD
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this property be declared surplus property according p to SDCL Chapter 6-13.
3.G. Action on Resolution 21-093, a Resolution of Appreciation at the
Conclusion of the Work of Various Committees and Task Forces of the
City of Brookings, South Dakota.
Resolution 21-093 - A Resolution of Appreciation at the Conclusion of the Work of
Various Committees and Task Forces of the City of Brookings, South Dakota
Whereas, from time to time, the City Council has appointed Committees and Task
Forces to address specific community issues, including p g planning for Sixth Street
improvements, addressing affordable housing, public art, transportation, mental health
and city planning, among others; and
Whereas, because the work of certain Committees and Task Forces have now
concluded, it is appropriate to recognize their efforts and bring these Committees and
Task Forces to conclusion; and
Whereas, the following Committees and Task Forces have successful) completed y p d their
work, and their Members deserve the thanks and appreciation of the City Council and
the Brookings Community.
Now, Therefore, Be It Resolved by the City Council of the City g of Brookings that the
following Committees and Task Forces have completed their work and are hereby
dissolved, and their Members are discharged from their duties:
1. Sixth Street Main to Medary Design Ad Hoc Committee;
2. Affordable Housing Task Force;
3. Brookings Arts Task Force;
4. Brookings Transportation Committee;
5. Comprehensive Master Plan Advisory Committee;
6. Mental Health Task Force; and
7. Indoor Rec Center Committee.
3.H. Action on Resolution 21-095, a Resolution Removing Uncollectible,
Delinquent Accounts from the Records.
Resolution 21-095 - A Resolution Removing Uncollectible,
Delinquent Accounts from the Records
Whereas, the City has attempted by reasonable means to collect the outstanding
accounts receivable on the below -listed accounts; and
Whereas, the City considers the accounts outstanding for more than one year to be
"uncollectible" for purposes of disclosing the financial statements of the City; and
Whereas, the City may continue efforts to collect such "uncollectible" debt.
Now, Therefore, Be It Resolved, that the City of Brookings hereby authorizes the
removal of the following accounts as uncollectible pursuant to SDCL 9-22-4 and
authorizes the disclosure of the same on the annual financial reports:
Customer Name Department/Fund Reason Amount
Dave's Mobile Home Solid Waste Disposal Out of Business $388.24
Alex Kahler Research & Technology Center Out of Business $697678.25
3.1. Action on Relocation, Displacement, and Acquisition Plan for the
Community Development Block Grant Project.
Proclamation. Mayor Niemeyer presented a Proclamation to Kaitlyn Luebbert from the
Brookings Area Chamber of Commerce in recognition of Small Business Saturday,
November 27, 2021.
Mayoral Proclamation
Whereas, Brookings celebrates our local small businesses and the contributions they
make to our local economy and community; and
Whereas, 88% of U.S. consumers feel a personal commitment to support small
businesses in the wake of the pandemic, and 92% of small business owners have
pivoted -the way they do business to stay open during the pandemic; and
Whereas, Brookings supports our local businesses that create jobs, boost our local
economy, and preserve our communities; and
Whereas, advocacy groups, as well as public and private organizations, across the
country have endorsed the Saturday after Thanksgiving as Small Business Saturday.
Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim Saturday, November 27, 2021 as "Small Business
Saturday" and urge residents to support small businesses and merchants on Small
Business Saturday and throughout the year.
Proclamation. Mayor Niemeyer presented a Proclamation to Stephanie Ballard in
recognition of her being selected as the 2022 South Dakota Teacher of the Year.
Mayoral Proclamation
Whereas, Mrs. Stephanie Ballard was recognized as the 2022 South Dakota Teacher
of the YE�ar at the state award ceremony on October 12, 2021; and
Whereas, Stephanie has taught for the Brookings School District since 2014, first at
Camelot Intermediate School and currently at George S. Mickelson Middle School; and
Whereas, Stephanie serves students in special education, builds rapport and
relationships with those students and their families, and is a passionate advocate for
inclusion and disability awareness; and
Whereas, Stephanie serves on and is a valued member of a variety of school and
district committees, is a member of the Brookings Education Association serves rvesasa
mentor for her peers, and provides support and mentorshi for special education
p news p anon
teachers in the district; and
Whereas, Stephanie has demonstrated incredible strength, courage,
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professionalism n both her personal and professional life settingan example mple to many,
and
Whereas, Stephanie will serve as a role model and advocate for other educational
professionals throughout South Dakota for 2022.
Now, Therefore, Be It Resolved, that 1, Oepke G. Niemeyer, Ma or of the Cit
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of Brookings, do hereby proclaim Monday, November 15, 2021 as "Stephanie
D
p Ballard
Day.
SDSU Student Association Report. Michael, on behalf of Anna Shane the
Government Affairs Chair for the SDSU Students Association, provided an update on
SD p p
SU happenings to the City Council and public.
Open Forum, Trifon Theodosopoulos addressed the council on whythe
council chose
to not limit the number of licenses to be issued. Council Member Brink responded
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saying she chose to not enact a limit on an industry we don't understand or recognize g ze to
date. Council Member Wendell responded sayinghe was not comfortable limiting ting an
industry which has not been tested in the City. Wendell was comfortable allowing
zoning regulations to limit the quantity. There have been no medical cannabis licenses
received to date.
3rd Quarter 2021 CFO Report. Chief Financial Officer Erick
Rangel, presented the 3rd
Quarter Financial Report to the City Council and members of thep ublic.
Resolution 21-094. A motion was made by Council Member Wendell seconded by
Council Member Tilton Byrne, that Resolution 21-094 a Resolution Approving pp oving a
Professional Services Agreement Between the Cit of Brookings,SD
Y ,and RESPEC
Company, LLC for the Six -Mile Creek FeasibilityProject be approved. J pp The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon Wendell Tilton Byrne,
Collins, and Avery.
Resolution 21-094 - A Resolution Approving a
Professional Services Agreement Between the City of Brookings SD, and
RESPEC Company, LLC for the Six -Mile Creek Feasibility Project
Whereas, the City of Brookings has received a Federal Emergency Management
Agreement (FEMA) Grant to conduct a Flood Mitigation Study of a part of Six -Mile
Creek; and
Whereas, RESPEC Company, LLC has submitted aro osal to the Cit
p p y of Brookings to
provide the professional, services required for the Six -Mile Creek FeasibilityProject Ject to
be funded by the FEMA Grant; and
Whereas, RESPEC Company, LLC is engaged, among other things in
the business of
providing professional engineering services for water and environmentalro'e
p J cts,
including FEMA modeling and flood mitigation consulting; ; and
Whereas, RESPEC Company, LLC has substantial knowledge of the Big g Sioux River
Watershed, which includes Six -Mile Creek, and this knowledge base is invaluable aluable with
respect to this Project; and
Whereas, the City of Brookings has adopted Resolution No. 182-12 which provides for
the use of Requests for Proposals (RFP) for professional services contracts with
estimated costs in excess of $75,000.00, however because of the substantial
knowledge of the Big Sioux River Watershed that RESPEC Company,LLC already has,
it is in tlne best interests of the City of Brookings that the City forgo the use of an RFP
and utilize the services of RESPEC Company, LLC for this Project; and
Whereas, the City desires to engage RESPEC Company, LLC and RESPEC Company,
LLC desires to accept the above-described professional services engagement for the
Project; pursuant to the terms and conditions set forth in a Professional Services
Agreement.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota:
a. That a Professional Services Agreement between the City of Brookings, South
Dakota and RESPEC Company, LLC is hereby approved; and
b. The City Manager is authorized to sign the Professional Services Agreement with
RESPEC Company, LLC for the Six -Mile Creek Feasibility Project.
FIRST READING — Ordinance 21-036. Introduction and First Reading was held on
Ordinance 21-036, an Ordinance repealing Sections 2-261 through 2-272 of the Code of
Ordinances of the City of Brookings, SD, and pertaining to the University Community
Coalition. Second Reading: November 23, 2021.
Ordinance 21-037. A motion was made by Council Member Wendell, seconded by
Council Member Brink, that Ordinance 21-037, an Ordinance for the 2022 Budget
Appropriation, be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Ordinance 21-039. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Bacon, that Ordinance 21-039, an Ordinance Authorizing
Supplemental Appropriation No. 5 to the 2021 Budget, be approved. The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
Collins, and Avery.
Ordinance 21-038. A public hearing was held on Ordinance 21-038, an Ordinance to
Rezone Lots 2 - 5 of Block 5 in Pheasant Nest Addition from Business B-2 District to
Residence R-3 Apartment District. A motion was made by Council Member Tilton
Byrne, Iseconded by Council Member Bacon, that Ordinance 21-038 be approved. The
motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton
Byrne, Collins, and Avery.
Ordinance 21-032. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that tabled item "Public Hearing and Action on Ordinance
21-032, an Ordinance to Change the Zoning within the City of Brookings, rezoning
a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business
B-2 District." be removed from the table. The motion carried by the following vote: Yes:
7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
A public hearing was he.ld on Ordinance 21-032, an Ordinance to Change the
Zoning within the City of Brookings, rezoning a portion of Arbor Hill Addition from
Residence R-3 Apartment District to Business B-2 District. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Brink, that Ordinance 21-
032 be approved. Public Comment: Jay Goldhorn and Bradley Walker. The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
Collins, and Avery.
Resolution 21-091. A motion was made by Council Member Brink, seconded by
Council Member Tilton Byrne, that Resolution 21-091, a Resolution Adopting the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Resolution 21-091 - Resolution Adopting 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 herebyadopts the following
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Consolidated Fee Schedule as defined in the attached schedule.
Removals: Half-day Picnic Shelter Rental Option at Pioneer Park and Hillcrest Park —
Full Day Only; and Commercial Solid Waste Collection and Dum ster Charges — the
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City is no longer providing these services.
Clarifications: Sales Tax will be charged on refrigerators/air conditioners mobile
homes, and tires brought to Landfill; and Non -Commercial clean wood/lumber,
trees/branches, Compost, and recycled compost generated within the service area —
fees will be waived.
10 -Year Capital Improvement Plan. A motion was made by Council Member Avery,
seconded by Council Member Brink, that the 10 -Year Capital Improvement Plan (CIP
)
be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink
Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded b Council
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Member Collins, that the meeting be adjourned at 6:50.m. The motion carried b
p y a
unanimous vote. ,
ATTEST:
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STS �� � �• � ����
�a ..Boni Foster, City Clerk
epW G. Niemeyer, Mayor
Current
Fee as of
Fee Description
Fee
January 1, 2022
Residential Buildinq Permit Fees
Finished habitable space per square foot
$85.00
$90.00
Finished basements per square foot
$40.00
$45.00
Landfill — 240 Pound Material Minimum (plus Sales Tax and $1
per Ton State Fee)
Commercial
$43.00
$44.00
Compost /Leaves /Grass
$43.00
$44.00
Demolition
$43.00
$44.00
Domestic
$43.00
$44.00
Industrial
$43.00
$44.00
Metal
$43.00
$44.00
Asbestos
$43.00
$44.00
Removals: Half-day Picnic Shelter Rental Option at Pioneer Park and Hillcrest Park —
Full Day Only; and Commercial Solid Waste Collection and Dum ster Charges — the
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City is no longer providing these services.
Clarifications: Sales Tax will be charged on refrigerators/air conditioners mobile
homes, and tires brought to Landfill; and Non -Commercial clean wood/lumber,
trees/branches, Compost, and recycled compost generated within the service area —
fees will be waived.
10 -Year Capital Improvement Plan. A motion was made by Council Member Avery,
seconded by Council Member Brink, that the 10 -Year Capital Improvement Plan (CIP
)
be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink
Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded b Council
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Member Collins, that the meeting be adjourned at 6:50.m. The motion carried b
p y a
unanimous vote. ,
ATTEST:
fa a
STS �� � �• � ����
�a ..Boni Foster, City Clerk
epW G. Niemeyer, Mayor