HomeMy WebLinkAboutCCMinutes_2014_08_26 � 229
Brookings City Councii
August 26, 2014
The Brookings City Council held a meeting on Tuesday, August 26, 2014 at 6:00 p.m., at City Half
with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan
Hansen, Ope Niemeyer,John Kubal,Tom Bezdichek and Jael Thorpe. City Attorney Steve
Britzman, City Manager leffrey Weldon and City Clerk Shari Thornes were also present.
6:00 p.m. Regular Council Meeting
Consent A�enda. The Student Association Report was added to the agenda. A motion was
made by Niemeyer, seconded by Hansen,to approve the consent agenda.
A. Action to approve the agenda.
B. Action to approve the August 12 Council Minutes.
C. Action on Resolution No. 61-14, a Resolution authorizing Closeout on Dakota Nature
Park, Phase V(Trail & Parking Lot Paving); Clark Drew Construction, Inc.
Resolution No. 61-14-A Resolution authorizing Closeout on Dakota Nature Park, Phase
V (Trail & Parking Lot Paving); Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following be allowed for Phase V Construction
with Clark Drew Construction, Inc: Construction Closeout on Phase V Construction at
Dakota Nature Park. There are no further adjusted bid quantities for this phase of the
project.
D. Action on Resolution No. 62-14, a Resolution authorizing Closeout on Dakota Nature
Park, Phase V(Trail & Parking Lot Paving); Bowes Construction, Inc.
Resolution No. 62-14-A Resolution authorizing Closeout on Dakota Nature Park, Phase
V(Trail & Parking Lot Paving); Bowes Construction, Inc.
Be It Resolved by the City Council that the following be allowed for Phase V Construction
with Bowes Construction, Inc: Construction Closeout on Phase V Construction at Dakota
Nature Park. There are no further adjusted bid quantities for this phase of the project.
E. Action on Resolution No. 63-14, a Resolution authorizin�Change Order No. 3 for
Dakota Nature Park Trail Amenities, Phase VI; Clark Drew Construction, Inc.
Resolution No. 63-14-A Resolution authorizing Change Order No. 3 for Dakota Nature
Park Trail Amenities, Phase VI; Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following Change Order be allowed for
Dakota Nature Park Trail Amenities, Phase VI: Construction Change Order No. 3. Clark
Drew Construction.
This Change Order extends the contractor's substantial completion date from July 1 to
July 15 due to extreme weather,which inhibited the substantial completion by the
original contract date.
There will be a total addition/subtraction of$0.00
Contract history: Original Contract Substantial Completion Date of July 1, 2014; New
Contract Substantial Completion Date of July 15, 2014. Original Contract Price:
$357,250.00. Monetary Change Orders: $2,288.00. Final Contract Price: $359,538.00.
F. Action on Resolution No. 6414, a Resolution authorizing Closeout on Dakota Nature
Park, Phase VI (Trail Amenities); Clark Drew Construction, Inc.
Resolution No. 64-14-A Resolution authorizing Closeout on Dakota Nature Park, Phase
VI (Trail Amenities); Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following be allowed for Phase V Construction
with Clark Drew Construction, Inc: Construction Closeout on Phase VI Construction at
Dakota Nature Park. There are no further adjusted bid quantities for this phase of the
project.
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G. Action on Resolution No. 65-14, a Resolution authorizing Closeout on Construction of
the Bob Shelden Concession and Restrooms; Rangel Construction, Inc.
Resolution No. 65-14-A Resolution authorizing Closeout on Construction of the
Construction of the Bob Shelden Concession and Restrooms; Rangei Construction, Inc.
Be It Resolved by the City Council that the foliowing be ailowed for the Construction of
the Bob Shelden Concession and Restrooms by Rangel Construction, Inc: Construction
Closeout on Bob Shelden Concession and Restrooms, Rangel Construction, Inc. There
are no further adjusted bid quantities for this phase of the project.
H. Action on Resolution No. 66-14, a Resolution amending the City of Brookings Equal
Opportunity Statement.
Resolution No. 66-14- Equal Opportunity Policy Statement
It is the fundamental policy of the City of Brookings to provide equal opportunity for all
residents, applicants and employees as it perCains to provision of services and
employment opportunities in order to ensure that there will be no discrimination
against any person on the basis of race, creed, color, religion, sex, age, national origin,
citizenship status, sexual orientation,gender identity and expression, political affiliation,
genetic predisposition or carrier status, disability, marital or veteran status, or any other
basis prohibited by state or federal law.
1. Action on Resolution No. 67-14, a Resolution authorizing the Mayor to Sign an
Agreement between the Department of Transportation and the City of Brookings for
Project P 0014(204)421 PCN 04TV, Sunrise Ridge Road, Brookings, SD.
Resolution No. 67-14-A Resolution authorizing the Mayor to sign an Agreement
between the Department of Transportation and the City of Brookings for Project P
0014(204)421 PCN 04TV; Sunrise Ridge Road, Brookings, SD
Whereas,the Brookings City Council desires the construction improvement of Sunrise
Ridge Road from 6th Street to 25th Avenue in Brookings, SD; and
Whereas,the City of Brookings desires the SDDOT to negotiate and acquire property for
highway purposes for construction of Project P 0014(204)421 PCN 04N; and
Whereas,the City of Brookings is obligated and hereby agrees to the provisions outlined
in the Agreement between the Department of Transportation and the City of Brookings.
Now,Therefore Be (t Resolved,that the Mayor is hereby authorized to sign the
Agreement between the Department of Transportation and the City of Brookings for
Project Number P 0014(204)421 PCN 04N.
1. Action on Resolution No. 68-14,a Resolution authorizing the Mayor to Sign
Documents for Federal Aid Surface Transportation Program P3313(13) PCN 03WP,
Main Avenue South from 8�'Street 5.to 20`h Street S., Brookings, SD.
Resolution No. 68-14-A Resolution authorizing the Mayor to Sign Documents for
Federal Aid Surface Transportation Program P3313(13) PCN 03WP, Main Avenue South
from 8th Street S,to 20th Street S., Brookings, SD
Whereas,the Brookings City Council desires the construction improvement of Main
Avenue South from 8th Street South and 20th Street South; and
Whereas,the City of Brookings is obligated and hereby agrees to provide proper
maintenance as required by the Federal Highway Act as amended and supplemented
thereto for the project after construction is completed and to regulate or cause to be
regulated the installation of utility facilities within the limits of the right of way of the
proposed project in accordance with State and Federal requirements; and
Whereas,the City of Brookings is obligated and hereby agrees to reimburse the State for
all costs not reimbursable with Surface Transportation Program (STP} Funds and
associated State matching funds.
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Now,Therefore 8e It Resolved, that the Mayor is hereby authorized to sign the Urban
Surface Transportation Program Funding Agreement between the Department of
Transportation and City of Brookings for Letting and Construction of Project P3313(13)
PCN 03WP.
K. Action on Resolution No. 69-14, a Resolution authorizing Change Order No. 4A
(CCO#4A)for Brookings Airport Runway Re-Alignment Project (Phase IA),AIP#3-46-
0005-025-2012; Loiseau Construction, Inc.
Resolution No. 69-14-A Resolution authorizing Change Order No. 4A (CCO#4A) for
Brookings Airport Runway Re-Alignment Project (Phase IA),AIP#3-46-0005-025-2012;
Loiseau Construction, Inc.
Be It Resolved by the City Council that the following Change Order be allowed for
Brookings Airport Runway Re-Alignment Project (Phase IA),AIP#3-46-0005-025-2012,
Construction Change Order Number 4A:
Adjust bid quantities to as-constructed quantities at the associated unit bid prices for a
total decrease of$7,598.55 to the contract.
Adjust contract time by 213 calendar days to extend completion date to August 15,
2014.
All present voted yes; motion carried.
Resolution No.?0-14. A motion was made by Niemeyer, seconded by Corbett,to approve
Resolution No. 70-14, a Resolution authorizing Change Order No. 1 Final (CCO#1 Final)for 2014-
06STI Chip Seal Project;Topkote, Inc. All present voted yes; motion carried.
Resolution No. 70-14-A Resolution authorizing Change Order No. 1 Final (CCO#1 Final)for
2014-06STI Chip Seal Project;Topkote, Inc.
Be It Resolved by the City Council that the following Change Order be allowed for 2014-06STI,
Chip Seal Project,Topkote, Inc.: Adjust the contract to as-built quantities for a tota! increase of
$6,036.90 to close out the project.
Brookin�s Health Svstems Quarterlv Financial Report. Representatives of Brookings Health
Systems provided the City Council and public with a financial report and update on current and
pending issues.
Resolution No.71-14. A motion was made by Corbett, seconded by Niemeyer,to approve
Resolution No. 71-14, a Resolution authorizing Change Order No. 8 (CCO#8) for Brookings
Airport Runway Re-Alignment Project (Phase 1), AIP#3-46-0005-025-2012; Loiseau
Construction, lnc. A11 present voted yes; motion carried.
Resolution No. 71-14-A Resolution authorizing Change Order No. 8 (CCO#8)for Brookings
Airport Runway Re-Alignment Project (Phase I),AIP#3-46-0005-025-2012; Loiseau
Construction, Inc.
Be It Resolved by the City Council that the following Change Order be allowed for Brookings
Airport Runway Re-Alignment Project (Phase I), AIP#3-46-0005-025-2012, Construction Change
Order Number 8:
Adjust plan quantities to as-constructed quantities for a total increase of$8,133.60 to
the current contract price.
Adjust contract time by 213 calendar days to extend completion date to August 15,
2014.
Resolution No. 72-14. A motion was made by Thorpe, seconded by Niemeyer, to approve
Resolution No. 72-14, a Resolution authorizing Change Order No. 1 (CCO#1) for 2014-02STI,
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Main Avenue South and 26th Street South Assessment Project; Bowes Construction, Inc. Public
comment:Tim Burns spoke against the resolution. A motion was made by Corbett, seconded
by Bezdichek,to amend Resolution No. 72-14 by removing Schedule B. Pub(ic comment: Josh
Reisetter objected to the process. All present voted yes; motion carried. On the original
Resolution, as amended, all present voted yes; motion carried.
Resolution No. 72-14- Resolution Authorizing Change Order No. 1 (CCO#1)for
2014-02STI, Main Avenue South and 26th Street South Assessment Project;
Bowes Construction Inc.
Be !t Resolved by the City Council that the following change order be allowed for 2014-02STI,
Main Avenue South and 26th Street South Assessment Project:
Construction Change Order Number 1:
Schedule A: Adjust the contract for extra silt fence removal, a chan�e in type of sanitary sewer
pipe for the areas where the depths of sanitary sewer exceeded 20 feet(this will be paid by
BMU),the addition of crushed concrete materia!that was mixed in with the utility trench
material due to high moisture levels in the subgrade, removal of unsuitable soils and the use of
additional engineered�II in the lift station area, additional signage for the detour,Taylor
fireworks, and blinking lights at the temporary stop signs, and a deduct for a change in the curb
in gutter from an 8 inch gutter section to a 6 inch gutter section for a tota) increase of
$43,396.26 to the contract for Schedule A.
Increase the contract completion date by ten working days.
FIRST READING—Ordinance 20-14. First reading was held on Ordinance No. 20-14: An
Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings
and Pertaining to Speed Zones in the City of Brookings, South Dakota. Public Hearing:
September 9, 2014.
FIRST READING—Ordinance 21-14. First reading was held on Ordinance No. 21-14: An
Ordinance rezoning Lots 9A, 10A, 11A, and 12A, Block 2, Sanderson's Addition from a Residence
R-2 District to a Planned Development District PDD (6th Street and 13th Avenue). Public Hearing:
September 9, 2014.
Ordinance No. 16-14. A public hearing was held on Ordinance No. 16-14, an Ordinance
amending Chapter 94,Zoning, pertaining to the Brookings Regional Airport Overlay District.
No public comment was received.A motion was made by Corbett, seconded by Hansen,to
approve Ordinance No. 16-14. All present voted yes; motion carried.
Ordinance No. 17-14. A public hearing was held on Ordinance No. 17-14, an Ordinance
rezoning the following legal description noted below from Agricultural A and Industrial I-2
District to the Airport AP District (Legal description: Outlot Z in the SW'/.of the NW%, and the
W'r4 of the SW%, excluding Anderson's Addition, in Section 26-T110N-R50W;Airport First
Addition, Lot A of Lot 1, Christensen Addition, and Lot 3, Block 2, and Blocks 3, 4, and 5,
Grossman Heights Addition, all in the E f of the SW%of Section 26-T110N-R50W;Airport
Fourth Addition, and Lots 1, 2, and the N �of Lot 3 in the NW%of Section 35-T110N-R50W;the
SE%of Section 27-T110N-R50W, exc(uding Weiland Addition;the NE%of Section 27-T110N-
R50W excluding the Canadian Pacific Railroad R.O.W., land lying northeasterly of the Canadian
Pacific Railroad R.O.W., and B(ocks 1, 2, and 3, and lots 1 and 2, Block 4, Rainbow Addition;the
NW%of Section 27-T110N-R50W, excluding Sublot B-2 and the Canadian Pacific Railroad
R.O.W.;the E h of the SW%of Section 27-T110N-RSOW; Outlot 1A, Outiot 2, and Tract 2A of
James Addition, in the NE%of Section 28-T110N-RSOW; and the Airport Third Addition in the
SW% of Section 22-T110N-RSOW). No public comment was received. A motion was made by
Kubal, seconded by Niemeyer,to approve Ordinance No. 17-14. All present voted yes; motion
carried.
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Preliminarv Plat. A motion was made by Hansen, seconded by Niemeyer,to approve a revised
Prefiminary Piat of the Christie Heights Addition. Public comment: Tim Burns responded to
questions. All present voted yes; motion carried.
2015 Proposed Bud�et. The Council continued its review of the proposed 2015 City of
Brookings Budget.
Retail Fund: A motion was made by Thorpe, seconded by Corbett,to make available a one-time
$50,000 funding allocation from the Liquor or General Fund reserves for a retail downtown
acceleration grant program. BEDC is asked to bring program specifics to Council for approval
before program is started. Bezdichek, Niemeyer, and Kubal voted no;Thorpe, Reed, Hansen
and Corbett voted yes; motion carried.
Boys and Girls Club: A motion was made by Reed, seconded by Hansen,to fund the Boys and
Girls Club $100,000 per year for the next five years from the second penny 75%funds.
Discussion: City Manager Weldon restated his staff recommendation to fund the BGC at
$100,000 over two years at$50,000 for each year 2015 and 2016. All present voted yes;
motion carried.
Domestic Abuse Shelter: A motion was made by Thorpe, seconded by Bezdichek,to allocate
$5,000 to the Brookings Domestic Abuse Shelter for 2015. Thorpe and Kubal voted yes; all
others voted no; motion failed.
Brookings Activity Center: Representatives of the Brookings Activity Center requested funding
for a part-time position. The Center had not submitted an application. No action was taken on
this request.
BISA: A motion was made by Bezdichek, seconded by Hansen,to allocate$4,000 to BISA.
Bezdichek and Kubal voted yes; all others voted no; motion failed.
Humane Society: A motion was made by Bezdichek, seconded by Kubal,to allocate $10,000 to
the Brookings Humane Society. Hansen, Reed and Thorpe voted no; Bezdichek, Corbett, Kubal,
and Niemeyer voted yes; motion carried. The Mayor suggested funding come from the
contingency fund.
Weldon presented a request from the Brookings County Commission asking an exchange of
funding. Whatever the Council approves for East Central Mental Health,the Council would
fund in exchange for their contribution to the Brookings Public Library.
A motion was made by Niemeyer, seconded by Kubal,to agree with the Brookings County
Commission's offer to fund $7,500 awarded to East Central Mental Health in exchange for
corresponding reduction for their service contract agreement for the public library of$7,500.
All present voted yes; motion carried.
Adiourn. A motion was made by Kubal, seconded by Corbett,to adjourn. All present voted
yes; motion carried. Meeting ad�ourned at 8:16 p.m.
CITY OF BROOKINGS
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��Sl��9� ��� Tim Reed, Mayor
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Shari Thornes, City Clerk