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HomeMy WebLinkAbout2024_01_23 CC Minutes 369 BROOKINGS CITY COUNCIL JANUARY 23, 2024 The Brookings City Council held a meeting on Tuesday, January 23, 2024 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Andrew Rasmussen, Bonny Specker, and Holly Tilton Byrne. Absent: Council Members Brianna Doran and Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that the agenda be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. Open Forum. Jeff and Susan Struwe expressed concerns with the recent snow removal, and inquired about the use of snow gates on the snow plows. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Rasmussen, to approve the Consent Agenda. The motion carried by the following vote: The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. A. Action to approve the January 9 and January 16, 2024 City Council Minutes. B. Action on Resolution 24-020, a Resolution declaring surplus property for the City of Brookings. RESOLUTION 24-020 - DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Department: 4 black office chairs, 4-drawer Lateral File Cabinet, GLOCK G19 Gen 5 Serial #: CARC839, SIG Sauer P320 XCarry Pro Serial #: 58J436840 Public Works/Engineering Department: 2007 Ford Freestar 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. C. Action on Temporary Alcohol / Special Event Licenses for existing alcohol license holders with events held on publicly owned property. Sodexo Catering (License Holder RB-28249 and RW 28251): SDSU 24-TL011, SDSU-24-TL012, SDSU- 24-TL013, SDSU 24-TL014, SDSU 24-TL015, SDSU 24-TL016, SDSU 24-TL017, SDSU 24-018, SDSU 24-TL019, SDSU 24-TL020, SDSU 24-TL021. D. Action on Resolution 24-008, a Resolution Authorizing the City to enter into a contract with Amusement Restoration Companies to GlassCoat the 50-meter Pool at the Hillcrest Aquatic Center. RESOLUTION 24-008 - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH AMUSEMENT RESTORATION COMPANIES TO GLASSCOAT THE 50-METER POOL AT HILLCREST AQUATIC CENTER. WHEREAS, the City of Brookings has determined a need for the resurfacing of the 50-meter pool at Hillcrest Aquatic Center; and WHEREAS, the City has identified this project in their 2024 CIP Budget; and WHEREAS, the BuyBoard Purchasing Cooperative ensures competitive pricing through its awarded vendors; and 370 WHEREAS, Amusement Restoration Companies LLC has been chosen to complete this GlassCoat resurfacing; and NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes entering into a contract with Amusement Restoration Companies LLC, through the BuyBoard Purchasing Cooperative, for the GlassCoat resurfacing of the 50-meter pool at the Hillcrest Aquatic Center. E. Action on Resolution 24-010, a Resolution Authorizing the Purchase of a Bobcat S86 Skid Steer. RESOLUTION 24-010 - RESOLUTION APPROVING THE PURCHASE OF A BOBCAT SKID STEER WHEREAS, the Parks & Recreation Department requests action to purchase a Bobcat S86 Skid Steer from the NASPO Construction Equipment Master Agreement, through Bobcat of Brookings Incorporated, in Brookings, South Dakota; and WHEREAS, the Bobcat S86 Skid Steer will replace a 2011 Bobcat skid steer. Reducing maintenance costs and breakdowns; and WHEREAS, the 2024 Parks Capital Improvement Plan has identified the funds for the purchase of a new skid steer. NOW, THEREFORE, BE IT RESOLVED that the City of Brookings contract with Bobcat of Brookings Incorporated, in the amount of$72,331.80, be accepted. F. Action on Resolution 24-014, a Resolution Authorizing the Purchase of One (1) Hybrid Truck. RESOLUTION 24-014 - RESOLUTION APPROVING THE PURCHASE OF ONE HYBRID PICKUP TRUCK WHEREAS, the Public Works Engineering Division has the need to purchase one (1) new hybrid pickup truck; and WHEREAS, the City is utilizing the South Dakota State Contract#17619 to determine the bid price for the pickup; and WHEREAS, Einspahr Auto, a local dealer in the City of Brookings, quoted $52,500, which is approximately $1,561 lower than the State contract price; and WHEREAS, Einspahr Auto will also allow $2,500 for the trade-in of a surplus van; and WHEREAS, the 2024 Budget includes sufficient funds in the Capital Improvements Fund to fund the purchase. NOW, THEREFORE, BE IT RESOLVED that a contract with Einspahr Auto from Brookings, SD in the amount of$50,000 is hereby approved, and the City Manager and City Clerk are authorized to sign the documents required to complete this purchase. G. Action on Resolution 24-013, a Resolution Approving an Agreement with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals. RESOLUTION 24-013 -A RESOLUTION APPROVING AN AGREEMENT WITH THE BROOKINGS REGIONAL HUMANE SOCIETY FOR THE CARE AND DISPOSITION OF IMPOUNDED ANIMALS WHEREAS, the City of Brookings has entered into an Agreement with the Brookings Regional Humane Society for the care and disposition of Impounded Animals; and WHEREAS, the Agreement would be effective for the 2024 Calendar Year; and WHEREAS, this Resolution is intended to authorize the City to enter into the Agreement as described herein with the Brookings Regional Humane Society. 371 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota that the Agreement with the Brookings Regional Humane Society is hereby approved and the City Manager and City Clerk are authorized to execute these Agreements. H. Action to add a Special City Council Meeting on Friday, February 2nd at 2:00 p.m. Dr. Martin Luther King Jr. Contest Awards. In celebration of Dr. King's birthday, the Brookings Human Rights Commission sponsored a poster contest for K-12 along with an essay contest for intermediate, middle, and high school students. The BHRC used this year's poster contest to launch a new anti-bullying campaign titled "Promoting Empathy and Kindness (PEAK)." The students were invited to choose one of the following quotes of Dr. King to create a graphic illustration of it that promotes kindness and empathy: • "Life's most persistent and urgent question is: 'What are you doing for others?' " • "Love is the only force capable of transforming an enemy into a friend." • "The time is always right to do what is right." • "Injustice anywhere is a threat to justice everywhere." • "We must learn to live together as brothers or perish together as fools." • "In the end, we will remember not the words of our enemies, but the silence of our friends." This year's poster theme was: "True peace is not merely the absence of tension; it is the presence of justice." The essay contest gave students an opportunity to reflect on Dr. King's ideas and their effect on our community. The 2024 essay contest prompts were: • Intermediate School (Grades 4-5): Identify two problems in your school, neighborhood, or community and what you would do to solve these problems. Include a quote from Dr. King and explain how it inspires your solution. • Middle School (Grades 6-8): Building off a quote from Dr. King, describe how you can help create a more just, inclusive, and peaceful society. How can you work with your peers to make a difference? Identify your own aspirations for your community and what Dr. King means to you. • High School (Grades 9-12): Incorporating a quote from Dr. King, explore how the principles of justice and oneness can be used to transform our divided world into a united one. Discuss how Dr. King's ideals, philosophy, and principles apply to our collective lives and impact your daily life. What solutions would you offer to promote peace and equity in your community? What would be the roles of young people and adults in implementing your solutions? Awards were presented to: • Poster- Kindergarten-3rd Grade: 1st Place Kenlee Greve ($25.00), 2nd Place D'Mierylyn Medicine Horn ($15.00), 3rd Place Aubern Rose Diaz ($10.00) • Poster- Intermediate School: 1st Place Brynlee Sik, ($25.00), 2nd Place Juliette Bechmann ($15.00), 3rd Place Carma Helton ($10.00) • Poster- Middle School: 1st Place Isli See ($25.00), 2"d Place Lillianna Eikmeier ($15.00), 3rd Place Lillian Timp ($10.00) • Poster- High School: 1st Place Nana Kwame Dwomoh ($25.00) • Essay - Intermediate School: 1st Place Stanturf Dwomoh ($100.00), 2nd Place Blythe Agnes Dorthea Jones ($75.00), 3rd Place Alexander Liu ($50.00) • Essay - Middle School: 1st Place Sanhita Tummala ($100.00), 2"d Place Sinan Theodore Briddick ($75.00), 3rd Place Louis Liu ($50.00) • Essay- High School: 1st Place Michelle Huh ($100.00), 2"d Place Nana Kwame Dwomoh ($75.00), 3rd Place Danica Clarice Jones ($50.00) Proclamation. Mayor Niemeyer presented a Proclamation recognizing Lawrence Novotny for his years on the Human Rights Commission and the Brookings Community. 372 MAYORAL PROCLAMATION WHEREAS, Lawrence Novotny has made a substantial and sustaining impact on the City of Brookings through his twenty-six years of service on the Human Rights Commission; and WHEREAS, in addition to volunteering as the Human Rights Commission recorder and LGBTQ+ liaison, Lawrence Novotny has worked tirelessly to make our community better by planning and hosting events, reviewing processes, and ensuring the City of Brookings maintained a high Municipal Equality Index score; and WHEREAS, Lawrence Novotny has kept the Human Rights Commission informed about pertinent legislative bills and drafted appropriate responses during lawmaking sessions; and WHEREAS, the 2007 Dorothy & Eugene T. Butler Human Rights Award was given to Lawrence Novotny for his staunch commitment to protecting human rights and promoting equity and inclusion; and WHEREAS, we, the People of Brookings, wish to recognize Lawrence Novotny because his civic engagement is unparalleled and a valuable model for all who follow. NOW, THEREFORE, I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Tuesday, January 23, 2024 as LAWRENCE NOVOTNY DAY. Employee Service Awards Recognition. City Administration: Paul Briseno (5 years), and Angie Ritter (5 years); Finance: Brenda McCracken (25 years); Library: Katherine Eberline (20 years), and Grace Timmerman (5 years); Parks, Recreation & Forestry: Christopher Engbrecht (15 years), Joshua Bauman (10 years), and Breann Julius (5 years); Police Department: Terry Coon (25 years), Shawn Peterson (15 years), Dustyn Engstrom (5 years), Caleb Johnson (5 years), and Austin Kreutner (5 years); Public Works — Engineering Division: Thad Drietz (15 years); Public Works — Solid Waste Collection Division: Paul Hartley (15 years); Public Works— Street Division: Josh McClain (15 years), and Michael Billet (10 years). Resolution 24-006. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 24-006, a Resolution designating Purchase Authorities be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. RESOLUTION 24-006 - RESOLUTION DESIGNATING PURCHASE AUTHORITIES WHEREAS, the City of Brookings is required to comply with South Dakota Codified Laws associated with Pubic Agency Procurement (SDCL 5-18A-1 through 5-18A-53); and WHEREAS, the City of Brookings desires to utilize purchasing authorities, and active governmental contracts to make the procurement process more efficient and less costly; and WHEREAS, the City of Brookings desires to allow local businesses the opportunity to meet or exceed publicly bid and awarded contract pricing and delivery times. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby designates the following purchase authorities for use by City of Brookings staff for the ensuing year: • Buy Board (https://www.buyboard.com ) • Cooperative Purchasing Venture (https://mn.gov/admin/osp/other- purchasers/cpv/ ) • Cooperative Purchasing Connection (https://Durchasingconnection.org ) • GSA Advantage (https://www.gsaadvantage.gov/advantage ) • H-GAC (hftps://www.h-gac.com/procurement ) 373 • Sourcewell (hftr)s://www.sourcewell-mn-gov ) • NASPO ValuePoint (https://www.naspovaluepoint.o[g ) • Omnia Partners (hops://www.omniapartners.com ) • South Dakota State Contracts (https:Hboa.sd.cLov ) • South Dakota State Surplus (https://surplus.sd.gov ) BE IT FURTHER RESOLVED, that the City of Brookings hereby authorizes City staff, as per SDCL 5-18A-22, to piggy-back on any active contract for supplies or services, other than professional services, that has been awarded by any governmental entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months. BE IT FURTHER RESOLVED, that the City of Brookings directs staff to solicit local businesses, if such exist, that are in the business of providing the services or supplies being procured off active contracts. Resolution 24-005. A motion was made by Council Member Tilton Byrne, seconded by Council Member Rasmussen, that Resolution 24-005, a Resolution Awarding the Bid for the Pioneer Park Bandshell Restoration be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. RESOLUTION 24-005 - RESOLUTION ACCEPTING THE LOW BID FOR THE PIONEER PARK BANDSHELL RESTORATION. WHEREAS, the City of Brookings is requesting acceptance of the low bid of$175,500 for the Pioneer Park Bandshell Restoration; and WHEREAS, the City of Brookings is requesting acceptance of two additional alternate repairs for a total cost of 138,800 for the Pioneer Park Bandshell Restoration; and WHEREAS, the Parks, Recreation and Forestry Department desires to accept the total project cost of$214,300 from Clark Drew Construction in Brookings, South Dakota, for the Pioneer Park Bandshell Restoration; and NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes the approval of entering into a contract with Clark Drew Construction for$214,300. Resolution 24-009. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 24-009, a Resolution Authorizing the City to enter into a contract with Turf Tank USA Inc. be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. RESOLUTION 24-009 - RESOLUTION ACCEPTING THE CONTRACT WITH TURF TANK WHEREAS, the City of Brookings has a desire to continually create more sustainable ways in the City's operations; and WHEREAS, this project has been budgeted for the 2024 fiscal year; and WHEREAS, Turf Tank USA Inc. provides state-of-the-art line marking robots to customers who wish to improve maintenance accuracy, consistency and efficiency. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby authorizes entering into a contract with Turf Tank USA Inc., for its autonomous line marking robot. Resolution 24-012. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that Resolution 24-012, a Resolution for the Intent to Lease Real Property at 217 4th Street (former Food Pantry location) to the East Central Mental Health and Chemical Dependence Center, doing business as Brookings 374 Behavioral Health and Wellness (IVY Center), be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. RESOLUTION 24-012 -A RESOLUTION OF INTENT TO LEASE REAL PROPERTY AT 217 4T" STREET TO THE IVY CENTER 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 the East Central Mental Health and Chemical Dependence Center, a South Dakota privately owned 501(c) (3) non-profit organization in Brookings, SD, doing business as Brookings Behavioral Health and Wellness (Ivy Center), for a period of 18 months, commencing on April 1, 2024 and ending October 31, 2025 and pertaining to the following described property: the South 38 Feet of Lot 13, and all of Lot 14, of Block 5 of the Original Plat Addition in the City of Brookings, Brookings County, South Dakota. No consideration or rent is required for this lease. The Ivy Center's construction of building improvements to provide essential services in the City of Brookings and covenants in connection with this lease constitute sufficient consideration for this lease. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on January 23, 2024 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. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings enter into a Lease Agreement with the Ivy Center as set forth above; and B. That the City Manager is authorized to execute the Lease Agreement in accordance with this Resolution. Commercial Corridor Design Review Overlay District Site Plan. A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan for Lot 4, Block 4, Southland Addition. A motion was made by Council Member Tilton Byrne, seconded by Council Member Rasmussen, that the Commercial Corridor Design Review Overlay District Site Plan be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. Resolution 24-019. A public hearing was held on Resolution 24-019, a Resolution to Amend the 2040 Comprehensive Plan's Future Land Use Map. A motion was made by Council Member Tilton Byrne, seconded by Council Member Rasmussen, that Resolution 24-019 be approved. The motion carried by the following vote: Yes: 5 - Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. RESOLUTION 24-019 - A RESOLUTION TO AMEND THE BROOKINGS, SOUTH DAKOTA COMPREHENSIVE PLAN 2040 WHEREAS, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land Use Map, projects population figures for the planning period, and describes an integrated land use vision for the City; and WHEREAS, the property legally described as Outlots Six (6), Seven (7), Eight (8), Nine (9) and Fourteen (14) in the West Half(W Y2) of the South Half (S '/) of the Northeast Quarter (NE %) All in Section Eleven (11) Township One-Hundred Nine (109), Range Fifty (50) will be amended on the Future Land Use Map for the area described from Urban Low Intensity and Open Wetland to Urban Medium Intensity; and 375 WHEREAS, the property legally described as Outlots Two (2) and Three (3), Excluding the North Forty Feet (N 40') Thereof, in the Northeast Quarter (NE %) of Section One (1), Township One-Hundred Nine (109), Range Fifty (50) will be amended on the Future Land Use Map for the area described from Medium Density Residential to Urban Medium Intensity; and WHEREAS, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040; and WHEREAS, the City Planning Commission of the City of Brookings, SD has recommended approval of the amendments to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17; NOW, THEREFORE, BE IT RESOLVED that said amendment to the Future Land Use Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings. FIRST READING — Ordinance 24-001. Introduction and First Reading was held on Ordinance 24-001, an Ordinance to Change the Zoning within the City of Brookings (1.63 Acres in Section One from Agriculture A District and Residence R-3 Apartment District to Business B-2A Office District). Public Hearing and Action will be held: February 13, 2024. FIRST READING — Ordinance 24-002. Introduction and First Reading was held on Ordinance 24-002, an Ordinance Authorizing Budget Amendment No. 10 to the 2023 Budget. Second Reading and Action will be held: February 13, 2024. Tax Increment District#15. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that the Developer's Agreement for Tax Increment District #15 be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. Revised Preliminary Plat. A motion was made by Council Member Rasmussen, seconded by Council Member Tilton Byrne, that the Revised Preliminary Plat for Lots 3 - 5 in Richard Price First Addition be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell Resolution 24-015. A motion was made by Council Member Tilton Byrne, seconded by Council Member Rasmussen, that Resolution 24-015, a Resolution Authorizing the Licensing of The Flower Shop LLC as a Medical Cannabis Dispensary in the City of Brookings be approved. The motion carried by the following vote: Yes: 5 -Avery, Niemeyer, Specker, Rasmussen, and Tilton Byrne; Absent: 2 - Doran, and Wendell. RESOLUTION 24-015 -A RESOLUTION AUTHORIZING THE LICENSING OF THE FLOWER SHOP LLC AS A MEDICAL CANNABIS DISPENSARY IN THE CITY OF BROOKINGS WHEREAS, The Flower Shop LLC, submitted an Application and Application Fee for a Medical Cannabis Dispensary License to the City of Brookings; and WHEREAS, the City of Brookings has reviewed The Flower Shop LLC Medical Cannabis Dispensary License Application, and has determined the Application satisfies the requirements of Ordinance 21-028, an Ordinance establishing procedures for the Licensing of Medical Cannabis Establishments in the City. NOW, THEREFORE, BE IT RESOLVED as follows: 1) That a City of Brookings Medical Cannabis Dispensary License be issued to The Flower Shop LLC, subject to an inspection by the City of Brookings prior to The Flower Shop LLC, commencing operations; and 2) That an inspection of The Flower Shop LLC facilities and review of their 376 operational plans be completed by the City Manager or his authorized representative(s) following completion of their facility and prior to operation, with operation contingent upon satisfactory inspection results; and 3) That a City of Brookings Medical Cannabis Program Licensing Certification and a South Dakota Medical Cannabis Program Local Government Compliance Certification be issued by the City Clerk; and 4) That the South Dakota Department of Health be furnished all documents pertaining to The Flower Shop LLC Application and City of Brookings Medical Cannabis Dispensary License. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City's activities/projects. Adiourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that this meeting be adjourned at 7:47 p.m. The motion carried by a unanimous vote. CITY O K , SD Oe e d. Niemeyer, May Jr ATTEST: n' P. seer, City Clerk