HomeMy WebLinkAboutCCMinutes_2014_11_25 252
Brookings City Counci!
November 25, 2014
The Brookings City Council held a meeting on Tuesday, November 25, 2014 at 6:00
� p.m., at City Hall 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 Jeffrey Weldon, and City
Clerk Shari Thornes were also present.
Consent Aqenda: Item #8A Public Hearing and Action on Ordinance 14-026 was
removed from the agenda. A motion was made by Council Member Hansen, seconded
by Council Member Corbett, that the Consent Agenda be approved. The motion carried
by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
3.A. Action to approve the agenda as amended.
3.B. Action to approve the October 28 and November 4 City Council Minutes.
3.C. Action on Resotution 14-096, a Resolution declaring Recreation Equipment
Surplus for ponation to Helping Kids Round First Base Charity.
Resolution 14-096 - Resolution Declaring Recreation Equipment Surplus for ponation to
Helping Kids Round First Base
Whereas, the Brookings Parks, Recreation & Forestry Department has a surplus of
recreation equipment which it no longer uses for City programming due to the age and
condition of the equipment; and
Whereas, the charity Helping Kids Round First Base could use the surplus equipment
listed below for their work in Nicaragua: Base runners helmets, quantity: 15; Gloves,
quantity: 1; Catcher's mitts, quantity: 4; Catcher's helmet, quantity: 6; Softballs, quantity:
48; Catcher's mask, quantity: 11; Chest protectors, quantity: 18.
Now, Therefore Let It Be Resolved by the City Council that the equipment described
above be declared surplus by the City of Brookings, South Dakota, and the Brookings
Parks, Recreation and Forestry Department donate this equipment to the charity
Helping Kids Round First Base in accordance with this Resolution.
3.D. Action on Resolution 14-097, a Resolution establishing 2015 Dental
Insurance Monthly Contribution Rates for City of Brookings Dental Insurance
Plan.
Resolution No. 14-097 - Establishing Dental Insurance Monthly Contribution Rates for
the City of Brookings Dental Insurance Plan
Whereas, Be It Resolved, that the 2015 employee and employer contributions for the
dental insurance plan be established as follows:
City General & Public Safety Employees:
Employer's Share of Single Rate: Employee Only $30.53, Employee/Spouse $30.53,
Employee/Child(ren) $30.53, Family $30.53
Employee's Share: Employee Only $10.17, Employee/Spouse $47.63,
Employee/Child(ren) $49.81, Family $78.35.
Total: Employee Only $40.70, Employee/Spouse $78.16, Employee/Child(ren) $80.34,
Family $108.88.
3.E. Action on Resolution 14-099, a Resolution authorizing the City Manager to
sign a Liquor Operating Agreement Renewal for Jim's Tap, Don Urquhart and
Mary VandeCrommert, owners, 309 Main Avenue.
Resolution No. 14-099 - Jim's Tap — Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management
Agreement between the City of Brookings and Don Urquhart and Mary
VandeCrommert, owners, Jim's Tap, for the purpose of a fiquor manager to operate the
On-Sale Establishment or business for and on behalf of the City of Brookings at 309
� 253
Main Avenue, also known as Jim's Tap.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shali be for a period of ten (10) years.
3.F. Action on appointments to the Swiftel Center Advisory Board and the
Sustainability Council.
Sustainability Council Appointment: Stephanie Aure (term expires 1/1/2016); Swiftel
Center Advisory Board Appointment: Jeff Holm (term expires 1/1/2017)
3.G. Action on Resolution 14-101, a Resolution declaring SCBA surplus property.
Resofution No. 14-101 - Resolution Declaring SCBA as Surplus
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Fire Department: SCBA & Equipment to be used
as trade-in on new SCBA, 41 — SCOTT SCBA packs, 55 — SCOTT SCBA facepieces, 2
— SCOTT SCBA packs for parts.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell or
trade same as surplus property;
Whereas, the City Manager is hereby authorized to sell said surplus property; and
Whereas, the City Manager is hereby authorized to appoint three qualified appraisers to
appraise the value of the property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter
6-13.
Presentation of Certificate of Achievement for Excellence in Financial Reportinq.
Resolution 14-103. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that Resolution 14-103, a Resolution authorizing Change
Order No. 1 for 2014-04SS1, Derdall Drainage Improvement Project; Rounds
Construction Company, Inc. be approved. The motion carried by the following vote: Yes:
7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution No. 14-103 - Resolution Authorizing Change Order No. 1 for 2014-04SS1,
Derdall Drainage Improvement Project; Rounds Construction Company, Inc.
Be It Resolved by the City Council that the following change order be allowed for
2014-04SS1, Derdall Drainage Improvement Project:
Construction Change Order Number 1: Adjust contract for the removal of one additional
tree and the addition of a curb to the valley gutter for a total increase of$700.00 to the
contract.
Resolution 14-100. A motion was made by Council Member Corbett, seconded by
Council Member Kubal, that Resolution 14-100, a Resolution Awarding Bids on
2015-2016 Custodial Services for Public Safety Center, Brookings Library and
Research and Technology Center be approved. The motion carried by the following
vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution No. 14-100 - Resolution Awarding Bids on 2015-2016 Custodial
Services for Public Safety Center, Brookings Library and
Research and Technology Center
Whereas, the City of Brookings opened bids for 2015-2016 Custodial Services for
Public Safety Center, Brookings Library and Research and Technology Center on
Tuesday, November 18, 2014 at 1:30 pm at the Brookings City and County Government
Center; and
Whereas, the City of Brookings has received the following bids for 2015-2016 Custodial
254
Services: Public Safety Center: J &T Cleaning - $1,100/month or $13,200year,
Johnson Pro Clean - $1,200/month or $14,400/year, and ISS Facility Services -
$2,100.00/month or $25,200/year; Public Library: J & T Cleaning - $1,500/month or
$18,000/year, ISS Facility Services - $1,875.00/month or$22,500/year, and Johnson
Pro Clean - $3,000/month or $36,000/year; and Research and Technology Center: J &
T Cleaning - $595.00/month or $7,140/year, Johnson Pro Clean - $600.00/month or
$7,200/year, and ISS Facility Services - $695.00/month or$8,340.00/year.
Now Therefore, Be It Resolved that the low bids of J & T Cleaning for the Public Safety
Center of$1,100/month or $13,200/year, the Public Library for $1,500/month or
$1,800/year and the Research and Technology Center of$595/month or $7,140/year be
accepted.
Resolution 14-102. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 14-102, a Resolution to Award Bids for
Police Vehicles be approved. The motion carried by the following vote: Yes: 7 - Reed,
Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution No. 14-102 - Resolution Awarding Bids for Police Vehicles
Whereas, the City of Brookings opened bids for Police Vehicles on Tuesday, November
18, 2014 at 1:30 pm at the Brookings City and County Government Center; and
Whereas, the City of Brookings has received the following bids for Police Vehicles:
Einspahr Auto Plaza: $28,527.00 per patrol car, and Brookings Auto Mall: $34,587.50
for an unmarked Sport Utility Vehicle (SU�.
Now Therefore, Be It Resolved that the low bid of$28,527.00 per patrol car from
Einspahr Auto Plaza be accepted and the low bid of$34,587.50 for the unmarked SUV
be rejected.
First Readinq — Ordinance 14-027. Introduction and First Reading on Ordinance
14-027, an Ordinance to Rezone Lot B, Block 1, Hunter's Ridge Addition from a
Residence R-1A District to a Residence R-1B District. Public Hearing: December 9,
2014.
Resolution 14-098. A motion was made by Council Member Bezdichek, seconded by
Council Member Corbett, that Resolution 14-098, a Resolution authorizing the City
Manager to enter into an Operating Agreement for an On-Sale Liquor License for The
Lee Group, DBA Old Market Eatery & Bar, Jesse Lee, owner, 424 5th St., Brookings,
SD, legal description: all of Lots 15-16-17-18, all in Block 7, Original Plat Addition
(Condo Unit 201) be approved. The motion carried by the following vote: Yes: 6 - Reed,
Bezdichek, Corbett, Hansen, Kubal, and Niemeyer, Abstain: 1 - Thorpe.
Resolution No. 14-098 -The Lee Group, DBA Old Market Eatery Bar
On-Sale Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for
Liquor between the City of Brookings and The Lee Group, DBA Old Market Eatery Bar,
for the purpose of a liquor manager to operate the on-sale establishment or business for
and on behalf of the City of Brookings at 424 5th Street.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of five (5) years and renewal for
another five (5) years.
SDSU Request to rename select streets. A public hearing was held on SDSU
request to rename select streets near the SDSU Campus. No action was taken.
Resolution 14-104. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 14-104, a Resolution authorizing the Partial
� 255
Release of Restrictive Convenant be approved. The motion carried by the following
vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution No. 14-104 -A Resolution authorizing the Partial Release
of Restrictive Covenant
Whereas, the City of Brookings sold real property to the Brookings Economic
Development Corporation, which is described as follows: Lot One (1) of Block Five (5) in
Telkamp lndustrial Addition to the City of Brookings, County of Brookings, State of
South Dakota; and Lot Three "C" (3C) of Block Five (5) in Telkamp Industrial Addition to
the City of Brookings, County of Brookings, State of South Dakota, and
Whereas, the Deed to the above-described property included a Restrictive Covenant
(covenant) which provided for several procedures to occur in the event the Brookings
Economic Development Corporation did not develop the above-described property
within three (3) years and a covenant pertaining to procedure in the event the Brookings
Economic Development Corporation subdivides any undeveloped portions of the
above-described property, and
Whereas, the Brookings Economic Development Corporation has fully developed the
above-described property by constructing the Brookings Technology Commercialization
Center, and therefore the property has in fact been developed and there are no
undivided portions which could be sold; accordingly, the Restrictive Covenants
pertaining to these circumstances are no longer needed and are appropriate for
Release; and
Whereas, there is remaining a Restrictive Covenant requiring use of the
above-described property in accordance with Resolution 77-13, which should continue
in place, and therefore the Release described herein is a Partial Release of Restrictive
Covenant on file with the Register of Deeds,
Now, Therefore, It Is Hereby Resolved by the City Council that the Partial Release of
Restrictive Covenant pertaining to the Real Property described above is approved, and
the Mayor, City Clerk and City Manager are authorized to execute the documents
required to complete the Partial Release of the above-described Restrictive Covenant.
Executive Session. Executive Session, pursuant to SDCL 1-25-2, for purposes of
consulting with legal counsel regarding proposed or pending contractual matters.
A motion was made by Council Member Keith Corbett, seconded by Council Member
Oepke Niemeyer, to enter into Executive Session at 7:30 p.m. with the City Manager,
City Clerk, City Attorney, and Mike Struck, Community Development Director, present.
All present voted yes; motion carried. A motion was made by Council Member Keith
Corbett, seconded by Council Member Dan Hansen, to exit Executive Session at 7:59
p.m. All present voted yes; motion carried.
Adiourn. A motion was made by Council Member Corbett, seconded by Council
Member Hansen, to adjourn at 8:00 p.m. The motion carried by a unanimous vote.
CITY OF BROOKINGS
1�L�.�
Tim Reed, Mayor
��rr��
.��c,�
3 f ,y� =°
2% J9,p 'z
c�n'; ���9 a,�in �
O'• ',`Q� / �
S• • P� � r""'�
Shari ornes, City Clerk