HomeMy WebLinkAbout2023_02_14 CC Minutes 252
Brookings City Council
February 14, 2023
The Brookings City Council held a meeting on Tuesday, February 14, 2023 at 6:00 PM,
at the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell,
Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker.
City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster
were also present.
Agenda. A motion was made by Council Member Specker, seconded by Council
Member Collins, that the agenda be approved. The motion carried by the following
vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Open Forum. Jeanette Gibbons, Brookings, SD, expressed concerns regarding the
COVID vaccines for children.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
A. Action to approve the 01/24/2023 City Council Minutes.
B. Action on volunteer board, committee, and commission appointments:
Brookings Disability Awareness Committee: appoint Lynda Venhuizen (term expires
1/1/2026); Planning Commission (restructure terms to 3 year rotation): appoint Nick
Schmeichel, James Drew, and Greg Fargen (terms expire 12/31/2023); appoint Tanner
Aiken, Jacob Mills, and Kyle Jamison (terms expire 12/31/2024); appoint Scot Leddy,
Roger Solum (terms expire 12/31/2025); Joint City & County Board of Adjustment:
appoint the Mayor or their designee, with Deputy Mayor as alternate; and Planning
Commission Chair, with Vice-Chair as alternate.
C. Action on Resolution 23-014, a Resolution declaring surplus property for the
City of Brookings.
Resolution 23-014 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Public Works — Engineering Dept. — Brookings Regional Airport: 2005 Dodge Ram
1500, VIN #: 1 DuHU1 8PX5J570304
Public Works— Landfill: 2 - Paint Mixing Tanks with stands, Parker 50047012 Filter,
Parker 500233000 Filter, Cat Filter Element 9T-9054, Leach Filter Element 107408, 3 -
Leach 101348 Filter, Carquest Filter 88433, Carquest Filter 86442, Carquest Filter
85734, Carquest Filter 86657, 9 - Carquest Fuel Water Separator 86231, Napa Gold
1773 Filter, 2 - Napa Gold 3358 Filter, 2 - 106418 TJ Filter Element, 16 - MP Filtri Filter
Element HP1351A10ANP01, Dayco Belt 5060374, Gates Belt K080765
Public Library: Avaya D160 Cordless Phone, Avaya D100 DECT Base, Desktop
Organizer, 3 - Library Carts, 3 - Office Chairs, 15-drawer card catalog (missing one
drawer), 1 — 3-foot x 6-foot table, 12 —6-foot tables
Fire Dept.: Sharp EL-1197PIII adding machine (Serial #4D020245); Steelcase Model
84248LBDUP audio/visual storage cabinet.
Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose
of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of 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.
D. Action on Resolution 23-013, a Resolution Authorizing the Senior Finance
Manager of the City of Brookings to sign checks and warrants.
Resolution 23-013 - Resolution Authorizing the Senior Finance Manager
of the City of Brookings, South Dakota to Sign Checks and Warrants
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Be It Resolved by the City Council of the City of Brookings, South Dakota (the "City"), as
follows:
That due to the resignation of the Chief Financial Officer, the Senior Finance
Manager is hereby authorized to sign checks and warrants of the City of
Brookings, South Dakota; and
This Resolution shall constitute Proof of Authority of the Senior Finance Manager of the
City of Brookings to sign checks and warrants on behalf of the City of Brookings, South
Dakota.
E. Action to abate the 2022 Drainage Fee in the amount of$102.54, for Parcel
Number 40338-01300-01100, known as Cottonwood Condos VI Common Area,
located along 9t" Avenue South, in the City of Brookings.
F. Action to abate property taxes in the amount of$1,040.24 for Parcel #40991-
40005-000-20, Madison Air Craft LLC, owner. Legal description: NW '/4 of SW '/4 in
Section 26-T110N-R50W, Hangar#209, Brookings Regional Airport.
G. Action to cancel the February 21, 2023 City Council Study Session.
Report: SDSU Student Association. Blake Pulse, SDSU Students Association
President, provided an update on SDSU happenings and Legislative updates which
effect SDSU.
Reports: City Council Ex-Officio Reports. Ex-Officio Reports were presented for the
following: Brookings Municipal Utility Board report by Council Members Avery and
Specker. Brookings Health Systems Board of Trustees report by Council Members
Collins and Doran.
Resolution 23-015. A motion was made by Council Member Specker, seconded by
Council Member Avery, that Resolution 23-015, a Resolution Awarding Bids on the
2023-04STI 22nd Avenue Phase 2 Reconstruction Project, be approved. The motion
carried by the following vote: Yes: 7 =Niemeyer, Wendell, Collins, Tilton Byrne, Avery,
Doran, and Specker.
Resolution 23-015 - Resolution Accepting Bids for the
2023-04STI 22nd Avenue Phase 2 Reconstruction Project
Whereas, the City of Brookings opened bids for the 2023-04STI 22nd Avenue Phase 2
Reconstruction Project on Tuesday, January 31, 2023 at 1:30 pm at the Brookings City
& County Government Center; and
Whereas, the City of Brookings received the following low bid for the 2023-04STI 22nd
Avenue Phase 2 Reconstruction Project: Timmons Construction, Inc. in the amount of
$4,045,199.65; and
Whereas, the low bid was approximately 13% lower than the Engineer's Estimate of
$4,650,000.00.
Now, Therefore, Be It Resolved that the total low bid of$4,045,199.65 from Timmons
Construction, Inc. be accepted.
Resolution 23-011. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Resolution 23-011, a Resolution Approving the Purchase
of Two (2) Hustler Mowers, be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Resolution 23-011 - Resolution Approving the Purchase of Two (2) Hustler Mowers
Whereas, the Parks, Recreation, and Forestry Department requests action to purchase
two (2) new Hustler mowers for turf and vegetation management through Sourcewell, a
purchasing cooperative, pursuant to Sourcewell Contract#031121-HTE through vendor
Brookings Equipment; and
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Whereas, the two (2) new Hustler mowers will replace 2000 and 2012 models, which
are beyond their useful life; and
Whereas, the 2023 Adopted Budget identifies $55,000 for the purchase of two (2) new
Hustler mowers.
Now, Therefore, Be It Resolved that a contract with Brookings Equipment through
Sourcewell Contract#031121-HTE in the amount of$51,000 is hereby approved, and
the City Manager and City Clerk are authorized to sign the documents required to
complete this purchase.
FIRST READING: Ordinance 23-003. Introduction, and First Reading on Ordinance
23-003, an Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the
purposes of amending the minimum required parking spaces. Public Hearing and
Action: February 28, 2023.
FIRST READING: Ordinance 23-004. Introduction and First Reading on Ordinance
23-004, an Ordinance Amending Section 62-86 of the Code of Ordinances of the City of
Brookings, South Dakota, and to Provide for Designation of"No-Mow" Vegetation Areas
and "No Mow May" in the City of Brookings, South Dakota. Second Reading and
Action: February 28, 2023.
FIRST READING: Ordinance 23-005. Introduction and First Reading on Ordinance
23-005, an Ordinance granting a nonexclusive Natural Gas Franchise to NorthWestern
Corporation, doing business as NorthWestern Energy, a Delaware Corporation, to
Furnish and Sell Natural Gas to the City and its Inhabitants. Second Reading and
Action: February 28, 2023.
FIRST READING: Ordinance 23-006. Introduction and First Reading on Ordinance
23-006, an Ordinance Authorizing Budget Amendment No. 11 to the 2022 Budget.
Second Reading and Action: February 28, 2023.
Ordinance 23-002. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Avery, that Ordinance 23-002, an Ordinance Authorizing Budget
Amendment No. 1 to the 2023 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins,-Tilton Byrne, Avery, Doran, and
Specker.
Resolution 23-010. A public hearing was held on Resolution 23-010, a Resolution of
Intent to Lease Real Property to Rural Technologies, Inc. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution
23-010 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Resolution 23-010 - Resolution of Intent to Lease Real Property
to Rural Technologies, 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 Rural Technologies, Inc.
(RTI), LLC., on a month-to-month basis terminating on or before December 31, 2023
with the option to renew for two additional one-year terms and pertaining to the following
described property: Research & Technology Center— 801 32nd Avenue, Suite 100
The Lease will be an amount of $10.00 per square foot for 10,957 square feet of
office/lab space and $4.00 per square foot for 2,134 square feet of garage/cold storage
space.
Be It Further Noted, that a Public Hearing on this Resolution was held on February 14,
2023 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.
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Resolution 23-016. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Avery, that Resolution 23-016, a Resolution Transferring City Manager
Contingency Funds to City Departments, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
Resolution 23-016 -A Resolution
Transferring City Manager Contingency Funds to City Departments
Whereas, the City of Brookings hereby transfers City Manager's Contingency Funds to
fund unplanned operational obligations of the municipality. This resolution is for the
purpose of completing a transfer of Contingency Funds to the following accounts:
495 Subsidies
101-495-5-856-72 Social Service Agency Funding $5,000
Total Transfers $5,000
The Financing Source for this transfer is from the following account:
101-405-5-856-99 Contingency Fund $5,000
Total Source of Funding $5,000
Whereas, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
2023 Outside Agency Fundincg. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Avery, that the 2023 Outside Agency Funding
Recommendations be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Agency Name/ Program Impact Area 2021 2022 2023 2/14/2023
Funding Fundin Request Approved
Brookings Area Transportation Transportation $115,000 $105,000 $115,000 $98,000
Authority BATA
Brookings Area Crime Stoppers Safetv $2,000 $1 000 $2,000 $600
Habitat for Humanity Affordable $21,000 $19,000 $40,000 $9,800
Housing
Boys &Girls Club of Brookins Youth $75,000 $65,000 $75,000 $60,500
y g Development
Great After School Place Youth $0 $4,000 $20,000 $3,900
Development
Brookings County Youth Youth $7,000 $6,000 $10,000 $5,900
Mentoring Development
Domestic Abuse Shelter Health $0 $15 000 $15 000 $13 700
East Central Court Appointed Special Advocate CASA Health $3,000 $2,000 $4,500 $1,900
Brookings Backpack Project Health $0 $0 $15 000 $11 800
Food Pantry Health $0 $0 $20,000 $14 500
Feeding Brookins Health $0 $0 $20,000 $14 500
Lutheran Social Services Health $0 $0 $3,000 $2 700
Avera Behavioral Health Health $0 $15 000 $40,000 $14 680
Brookings Empowerment Health $2,500 $2,000 $0 $0
Project
Brookings Behavioral Health &Wellness Health $20,000 $25,000 $0 $0
Hel line Center Health 1 $1 000 1 $1 000 1 $0 1 $0 7d
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Doran, to enter into Executive Session at 6:49 p.m., pursuant to
SDCL 1-25-2.1 for purpose of discussing the qualifications, competence, performance,
character or fitness of any public officer or employee or prospective public officer
or employee. The term, employee, does not include any independent contractor; SDCL
1-25-2.3 for consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters; and SDCL 1-25-2.5
Discussing marketing or pricing strategies by a board or commission of a business
owned by the state or any of its political subdivisions, when public discussion may be
harmful to the competitive position of the business. Present: City Council, City Manager,
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and City Attorney. The motion carried by a unanimous vote. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Wendell, to exit Executive
Session at 7:35 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 7:36 p.m. The motio carried by a
unanimous vote.
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