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Legal Notices

Posted on: May 13, 2022

[ARCHIVED] City Council Minutes: 04/26/2022

Brookings 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 Patty 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.

 

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 I, 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.

 

Now, Therefore, Be It Resolved that I, 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 A1(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 H1, 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

  1. 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.

 

Adjourn.  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.

 

CITY OF BROOKINGS

                                                                                    

 

__________________________

                                                                                    Oepke G. Niemeyer, Mayor

ATTEST:

 

 

__________________________

Bonnie Foster, City Clerk

 

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