HomeMy WebLinkAbout2022_04_26 CC MinutesBrookings City Council
April 26, 2022
The Brookings City Council held a meeting on Tuesday, April 26, 2022 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,
Patty Bacon, Nick Wendell, Holly Tilton Byrne, Joey Collins, and Wayne Avery. City
Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster
were also present.
6:00 PM REGULAR MEETING
Agenda. A motion was made by Council Member Collins, seconded by Council
Member Brink, that the agenda be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Consent Agenda. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that the consent agenda be approved. The motion
carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne,
Collins, and Avery.
A. Action to approve the April 19, 2022 City Council Minutes.
B. Action on Resolution 22-033, a Resolution authorizing the Brookings Summer
Arts Festival Committee to have exclusive use of Pioneer Park from July 5-12,
2022.
Resolution 22-033 - A Resolution authorizing the Brookings Summer Arts Festival
Committee to have Exclusive Use of Pioneer Park
Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 9-10,
2022; and
Whereas, the Summer Arts Festival Committee has requested the exclusive use and
control of Pioneer Park and its facilities for said festival, plus additional days for
preparation and takedown; and
Whereas, the Summer Arts Festival Committee will provide evidence of liability
insurance coverage including the City of Brookings as named insured; and
Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for
the conduct of the Summer Arts Festival on said premises.
Now,, Therefore, Be It Hereby Resolved, that the use of Pioneer Park and its facilities as
a public park shall terminate for the period of July 5 through July 12, 2022.
Be It Further Resolved, that the City Council does hereby grant the exclusive use of
Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer
Arts Festival Committee.
Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible
for maintaining said facilities and cleaning them and returning them to the City of
Brookings in good condition following the festival.
Recognition of Council Member Pattv Bacon. Council Member Patty Bacon was
recognized for her leadership to the City of Brookings in the following roles: City Council
Member: May 2015 - May 2022; Deputy Mayor: June 2019 - June 2021; Brookings
Health Systems Board of Trustees: June 2020 - April 2022; Joint Powers Board: June
2015 - June 2016; Brookings Municipal Utilities Board: June 2017 - June 2020; BEDC
Investment Committee: June 2020 - April 2022; East Central Communications Council
(E-911): June 2017 - June 2021; Affordable Housing Task Force: January 2016 - June
2018; Brookings Human Rights Committee: 11/17/2009 - 5/2015. Mayor Niemeyer
presented Council Member Bacon with an American Flag in recognition of her years as
City Council Member.
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Recognition of Council Member Leah Brink. Council Member Leah Brink was
recognized for her leadership to the City of Brookings in the following roles: City Council
Member: May 2019 - May 2022; Brookings Health Systems Board of Trustees: May
2019 - May 2022; Joint Powers Board: May 2019 - May 2022; BEDC Investment
Committee: May 2019 - May 2022; Planning Commission: December 2018 - May 2019;
Public Arts Commission: June 2016 - January 2019; Brookings Historic Preservation
Commission: June 2013 - May 2019. Mayor Niemeyer presented Council Member
Brink with an American Flag in recognition of her years as City Council Member.
Proclamation. Mayor Niemeyer presented a Proclamation recognizing May 2-7, 2022
as National Travel and Tourism Week. Laura Schoen Carbonneau, Visit Brookings
Executive Director accepted the Proclamation.
Mayoral Proclamation
Whereas, tourism fosters vibrant communities, drives innovation, and powers the
economy as one of South Dakota's top industries; and
Whereas, during 2021, 13.5 million visitors came to South Dakota spending $4.4 billion
in our state, which generated $345 million in taxes to help pay for things like parks,
streets, police and fire protection; and
Whereas, thanks to the tourism industry, each household in South Dakota saves $980
per year in taxes; and
Whereas, visitors to Brookings County spent $92.8 million on lodging, food and
beverage, recreation, retail, and transportation in 2021 and generated $7.6 million in
state and local taxes for our community; and
Whereas, the tourism industry supports 1,209 jobs in Brookings with an annual payroll
of $25.4 million for residents in our community; and
Whereas, Visit Brooking is the official destination marketing and promotion organization
for tourism in Brookings with staff working diligently to promote our community to
travelers coming to try our restaurants, see our attractions, and participate in
tournaments, meetings, and events.
Now, Therefore, Be It Resolved, that 1, Oepke G. Niemeyer, Mayor of the City of
Brookings, do hereby proclaim May 2 - 7 as National Travel & Tourism Week.
Proclamation. Mayor Niemeyer presented a Proclamation recognizing May 1-7, 2022
as Small Business Week. Kaitlyn Luebbert with the Brookings Area Chamber of
Commerce accepted the Proclamation.
Mayoral Proclamation
Whereas, America's strongest economic growth in almost 40 years has been driven by
the resilience of our small businesses who, despite a world-wide pandemic, continue to
pioneer innovative solutions and create opportunities; and
Whereas, from the storefront shops to the small manufacturers, small businesses are
the backbone of our economy and the cornerstones of our nation's promise; and
Whereas, when we support small business, we help create jobs, and ensure Brookings
remains as vibrant tomorrow as it is today; and
Whereas, because small businesses create nearly two out of three jobs in our economy,
we cannot resolve ourselves to create jobs and spur economic growth without
discussing ways to support our entrepreneurs; and
Whereas, the President of the United States has proclaimed National Small Business
Week every year since 1963 and Brookings supports and joins this national effort.
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Now, There ' fore, Be It Resolved that 1, Oepke G. Niemeyer, Mayor of the City
of Brookings, do hereby proclaim May 1 - May 7 as Small Business Week.
Resolution 22-035. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Collins, that Resolution 22-035, a Resolution Awarding Bids on Project
2022-08STI Street Maintenance and Overlay Project, be approved. The motion carried
by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins,
and Avery.
Resolution 22-035 - Resolution Awarding Bids on 2022-08STI Street Maintenance and
Overlay Project; Bowes Construction, Inc.
Whereas, the City of Brookings opened bids for 2022-08STI Street Maintenance and
Overlay Project on Tuesday, April 19, 2022 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids for the 2022-08STI
Street Maintenance and Overlay Project:
Schedule A (Street Maintenance): Bowes Construction - $1,560,326.50; Asphalt
Surfacing Company - $1,820,033.75; Duininck Inc. - $2,069,784.55
Alternative Al (Pavement Marking Grooving): Bowes Construction - $21,149.35;
Asphalt Surfacing Company - $23,339.55; Duininck Inc. - $21,919.75
Alternate A2 (Thermoplastic Pavement Marking): Bowes Construction - $21,990.75;
Asphalt Surfacing Company - $24,116.25; Duininck Inc. - $21,255.00
Schedule B (BMU Water Main): Bowes Construction - $344,045.45; Asphalt Surfacing
Company - $424,275.45; Duininck Inc. - $387,243.00
Total of All Schedules and Alternates: Bowes Construction — $1,947,515.05; Asphalt
Surfacing Company —$2,291,765.00; Duininck Inc. - $2,500,202.30
Now Therefore, Be It Resolved that the total low bid with both alternates being awarded
in the amount of $1,947,515.05 for Bowes Construction Co., Inc., be accepted.
FIRST READING — Ordinance 22-012. An introduction and first reading was held on
Ordinance 22-012, an Ordinance Amending Sections 6-141, 6-146 and 6-149 of the
Code of Ordinances of the City of Brookings, South Dakota, and Pertaining to
Commercial Pedal Cars in the City of Brookings, South Dakota. Second Reading: May
10, 2022.
Ordinance 22-013. A motion was made by Council Member Bacon, seconded by
Council Member Brink, that Ordinance 22-013, an Ordinance Authorizing Budget
Amendment No. 4 to the 2022 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and
Avery.
Ordinance 22-014. A public hearing was held on Ordinance 22-014, an Ordinance to
Rezone the South 545 feet of the North 1,053.7 feet of the East 467 feet of the West
500 feet, excluding Lot H 1, of the Southeast Quarter in Section 35, Township 110,
Range 50 from Business B -2A Office District to Residence R-2 Two -Family District. A
motion was made by Council Member Collins, seconded by Council Member Tilton
Byrne, that Ordinance 22-014 be approved. Public Comment: Kyle Rausch and Rob
VanLocken. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, Collins, and Avery.
Ordinance 22-015. A public hearing was held on Ordinance 22-015, an Ordinance to
Permit by Conditional Use (townhouses) on the South 545 feet of the North 1,053.7 feet
of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter
in Section 35, Township 110, Range 50. Public Comment: Jason Flaskey and Kyle
Rausch. A motion was made by Council Member Wendell, seconded by Council
Member Brink, that Ordinance 22-015 be approved. The motion carried by the following
vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Ordinance 22-016. A public hearing was held on Ordinance 22-016, an Ordinance to
Permit by Conditional Use a Major Home Occupation (hair salon) on Lot 18, Block 4 of
Moriarty Edgebrook Addition, also known as 1636 Doral Drive. A motion was made by
Council Member Brink, seconded by Council Member Wendell, that Ordinance 22-016
be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon,
Wendell, Tilton Byrne, Collins, and Avery.
Preliminary Plat. A motion was made by Council Member Brink, seconded by Council
Member Tilton Byrne, that the Preliminary Plat for Blocks 1-3 in Northern Plains
Addition, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery.
Resolution 22-034. A motion was made by Council Member Brink, seconded by
Council Member Wendell, that Resolution 22-034, a Resolution authorizing a loan from
the General Fund to the Tax Increment District Number One (#1) to fund the South
Dakota State University Research Park sanitary sewer system upgrade, be approved.
The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell,
Tilton Byrne, Collins, and Avery.
Resolution 22-034 - Resolution authorizing a loan from the General Fund to the Tax
Increment Finance District Number One (#1) to fund the South Dakota State University
Research Park sanitary sewer system upgrade
Whereas, Tax Increment District Number One (TIF No. 1) has $1,752,140.18 of
available Project Costs (the "Remaining Project Costs") which have been identified as
eligible Project Costs for the Research Park Sanitary Sewer Line and University
Boulevard reconstruction project; 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 further
development of said sewer system internally through a loan from the General Fund to
the TIF No. 1 District Fund.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
1. The General Fund shall loan Project Costs in the amount of $1,700,000 to Tax
Increment District Fund No. 1 pursuant to an Interfund Loan, with payment to be
made by TIF No. 1 over a two-year term and a 2% annual interest rate; and
2. That based on construction in 2023, Tax Increment District No. 1 shall repay the
funds necessary to pay the project costs described above over a two-year term
at the rate stated in Section 1.
Resolution 22-037. A motion was made by Council Member Wendell, seconded by
Council Member Brink, that Resolution 22-037, a Resolution of the City of Brookings to
enter into a Cooperative Purchasing Agreement through Sourcewell for an HVAC
Replacement and a Controls Upgrade, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and
Avery.
Resolution 22-037 - Resolution of the City of Brookings to Enter into a
Cooperative Purchasing Agreement through Sourcewell
for an HVAC Replacement and a Controls Upgrade
Whereas, Sourcewell Cooperative Purchasing is a Public Purchasing Unit, and the City
of Brookings is a Sourcewell Member; and
Whereas, the City of Brookings has investigated and reviewed Sourcewell's Request for
Proposal (RFP) for HVAC Systems, Installation, and Service with Related Products and
Supplies. In addition, the City of Brookings has reviewed Sourcewell's Form G (RFP
evaluation at https://www.sourcewell-mn.gov/cooperative-purchasing/030817 jhn),
where Johnson Controls is ranked #1 out of five companies; and
Whereas, Sourcewell has put this project up for competitive bids, in compliance with
South Dakota law; and
Whereas, the City of Brookings is interested in implementing an HVAC Replacement
and a Controls Upgrade to improve the infrastructure and energy efficiency of the
Swiftel Center. Moreover, City of Brookings' staff has reviewed Sourcewell's/Johnson
Controls Contract #030817-JHN, effective 5-8-17 to 5-8-22, and found it acceptable.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, that the
City enter into a Sourcewell Procurement Agreement for "HVAC Replacement and a
Controls Upgrade" with Johnson Controls and that the City Manager or his designee are
authorized to execute the documents necessary to purchase the HVAC Replacement
and Controls Upgrade through Sourcewell's/Johnson Controls Contract #030817-JHN.
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City's activities/projects.
Council Member Introduction of Topics for Future Discussion. A motion was made
by Council Member Collins, seconded by Council Member Brink, to add a future
discussion item on amending the City's Scholarship Program to include a requirement
of Scholarship awardees to volunteer a minimum of 5 hours per semester with non-
profits located in the community which they are attending school. The motion carried by
the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and
Avery.
Adiourn. A motion was made by Council Member Brink, seconded by Council Member
Wendell, that the meeting be adjourned at 7:02 p.m. The motion carried by a
unanimous vote. If
ATTEST:
Foster, City Clerk
CITY GFP O N S
O pk G. Niemeyer, Major
MAUS
KANLIM