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Brookings City Council
April 28, 2015
The Brookings City Council held a meeting on Tuesday, April 28, 2015 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, and Jael Thorpe; Council Member
Tom Bezdichek was absent. City Attorney Steve Britzman, City Manager Jeffrey
Weldon, and City Clerk Shari Thornes were also present.
Aqenda. A motion was made by Council Member Hansen, seconded by Council
Member Kubal, that the agenda be amended to include a Presentation of an Airport
Award by Bowes Construction and a Proclamation on the Nepal Disaster, and to
remove Ordinance 15-005, an Ordinance amending Article V of Chapter 2 of the Code
of Ordinance of the City of Brookings, SD and pertaining to the Human Rights
Committee of the City of Brookings. The motion carried by the following vote: Yes: 6 -
Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Consent Aqenda. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 — Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.; Absent:
1 — Bezdichek.
3.A. Action to approve the agenda as amended.
3.B. Action to approve the March 17, March 24, Aprit 7, and April 17 City Council
Minutes.
3.C. Action on various appointments to City Boards, Committees and
Commissions: Airport Board: appoint Jason Baker (term 5/1/2015-5/1/2020);
Brookinqs Committee for People who have Disabilities: reappoint Shawn Minor as
Student Representative (5/1/2015-5/1/2016); Historic Preservation Commission:
reappoint Les Rowland, Janet Merriman, and Janet Gritzner (terms 1/1/2015-1/1/2018);
appoint Sara Lum (term 4/28/2015-1/1/2017); and appoint Greg Heiberger and Angela
Boersma (terms 4/28/2015-1/1/2019); Human Riqhts Committee: appoint Kanbi
Knippling as Student Representative�(term 5/1/2015-5/1/2016); Park & Recreation
Board: reappoint Beau Bordewyk as High School Representative (term 5/1/2015-
5/1/2016) and appoint Brian Brunner (term 4/28/2015-5/1/2018); Utilitv Board: reappoint
Carol Pitts (term 5/1/2015-5/1/2020).
3.D. Action on appointment to the Business Improvement District#1 Board:
appoint Kate Treiber (term 4/28/2015-1/1/2017).
3.E. Action on appointments to Downtown Retail Acceleration Grant Program
Board: Council Member Jael Thorpe, BEDC Board Rep Tim Peters, DBI Board Rep
Chad Broksieck, Interior Designer Nancy Lyons (alternate Angela Boersma) and three
area business leaders: Tom Yseth, Julie Underwood, and Dave Jones.
3.F. Action to approve appointments for the Ad Hoc Indoor Recreation Center
Committee: Councii Member Dan Hansen, Randy Soma (School District), Brittany
Kleinsasser (Park Board), Justin Sell (Hospital Rep), Jennifer Johnson (CVB), Mark
Binkley (at-large), Gus Theodosopoulus (at-large), Matt Vukovich (at-iarge), and Becka
Foerster (at-large).
3.G. Action on Abatement for Parcel 40655-00000-002-00; Lot 2, Weichsel, in the
amount of$316.66.
3.H. Action on Resolution 15-051, a Resolution authorizing Change Order#1 for
the Fire Dept. Aerial Ladder Truck; Toyne, Inc.
Introduction of Elliot Johnson, new downtown Brookings, lnc. Director.
Presentation by Bowes Construction to Jackie Lanning, City Engineer, and Philip
Tiedemann, Airport Manager, for the asphalt work done on the Airport Runway Project.
First District Association of Local Governments Annual Update by Todd Kays, Director.
Resolution 15-042. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that Resolution 15-042, a Resolution authorizing the Mayor to
sign Amendment No. 1 to Agreement Number 714148 for Federal Aviation
Administration Project No. AIP 3-46-0005-023-2010, be approved. The motion carried
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by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe;
Absent: 1 — Bezdichek.
Resolution 15-042 - Resolution Authorizing the Mayor to Sign Amendment No. 1 to
Agreement Number 714148 fior Brookings Regional Airport Project No. AIP
#3-46-0005-023-2010
Whereas, the Brookings City Council desires South Dakota Department of
Transportation assistance with the Brookings Regional Airport Project No. AIP
#3-46-0005-23-2010; and
Whereas, Project No. A{P #3-46-0005-023-2010 involved wildlife fencing improvements
at the Brookings Regional Airport and the work has been completed.
Now, Therefore Be It Resolved that the Mayor of the City of Brookings is authorized to
sign Amendment Number 1 to Agreement Number 714148 to amend the State's Total
Share for Project No. AIP #3-46-0005-023-2010.
Resolution 15-043. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that Resolution 15-043, a Resolution authorizing the Mayor to
sign an Agreement befinreen the State of South Dakota Department of Transportation
and the City of Brookings for Project P 0014(177)421 PCN 546N, US Highway 14 Right-
of-Way and Easements, be approved. The motion carried by the following
vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 —
Bezdichek.
Resolution No. 15-043 -A Resolution Authorizing the Mayor to Sign an Agreement
befinreen State of South Dakota Department of Transportation and City of Brookings for
Project P 0014(177)421 PCN 546N; US Highway 14 Right of Way and Easements
Whereas, the Brookings City Council desires the construction improvement of Project P-
PH 0014(177)421 PCN 546N, US Highway 14 from west of 22nd Avenue to east of 34tn
Avenue in Brookings, SD; and
Whereas, the City of Brookings desires the State of South Dakota Department of
Transportation to negotiate and acquire property for highway purposes for construction
of Project P-PH 0014(177)421 PCN 546N; and
Whereas, the City of Brookings is obligated and hereby agrees to the provisions
outlined in the Agreement befinreen the State of South Dakota Department of
Transportation and the City of Brookings.
Now, Therefore Be It Resolved, that the Mayor is hereby authorized to sign Right of
Way and Easement Documents and the Agreement between the South Dakota
Department of Transportation and the City of Brookings for Project Number P-PH
0014(177)421 PCN 546N.
Resolution 15-045. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 15-045, a Resolution awarding the contract
City Council Minutes April 28, 2015 on 2015-03SS1, Division Avenue Drainage
Improvement Project, Phase 2, be approved. The motion carried by the following vote:
Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Resolution 15-045 - Resolution Awarding Bids for 2015-03SS1 Division Avenue
Drainage Improvement Project, Phase 2
Whereas, the City of Brookings opened bids for 2015-03SS1 Division Avenue Drainage
Improvement Project, Phase 2, on Tuesday, April 14, 2015 at 1:30 pm at the Brookings
City & County Government Center; and
Whereas, the City of Brookings has received the following bids for 2015-03SS1 Division
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Avenue Drainage Improvement Project, Phase 2: Timmons Construction, Inc.:
$177,331.25.
Now Therefore, Be It Resolved that the project be awarded to the low bid of Timmons
Construction, Inc. for $177,331.25, contingent on South Dakota Department of
Environmental and Natural Resources approval.
Resolution 15-048. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-048, a Resolution awarding the contract to
purchase Two Truck Chassis with Raise-able Flatbed Option for Brookings Parks,
Recreation and Forestry Dept., be approved. The motion carried by the following vote:
Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Resolution 15-048 -Awarding a Contract for the purchase of Two Truck Chassis with
Raise-able Flatbed Option for Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, April 14,
2015; and
Whereas, the City of Brookings has received the following bids (UL = Unleaded, D =
Diesel): Einspahr Auto Plaza, Brookings, SD, Schedule 1 Bid Price (Chassis Only) in
the amount of$59,676.00 UL, and Schedule 2 Bid Price (with Flatbed Option) in the
amount of$81,476.00 UL; and Boyer Trucks Option #1, Sioux Falls, SD, Schedule 1 Bid
Price (Chassis Only) in the amount of$53,616.00 and Schedule 2* Bid Price (with
Flatbed Option) in the amount of$91, 312.00 D or$88,008.00 UL; and Boyer Trucks
Option #2, Sioux Falls, SD, Schedule 1 Bid Price (Chassis Only) in the amount of
$67,456.00 D and Schedule 2* Bid Price (with Flatbed Option) in the amount of
$91,350.00 D or $88,046.00 UL.
*Schedule 2 Boyer Trucks bid included two different hoist designs which were bid
separately.
The Parks Dept. capital budget for this expenditure is $96,000.00.
Now Therefore, Be it Resolved that the bid from Einspahr Auto Plaza of Brookings, SD
in the amount of$81,476.00 be accepted.
Resolution 15-050. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-050, a Resolution awarding the contract for
the purchase of Playground Equipment for Dakota Prairie Elementary School, be
approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Resolution 15-050 -Action Awarding a Contract for Purchase of New Playground
Equipment and Poured-in Place Surfacing for Dakota Prairie Elementary School
Whereas, the City of Brookings has sought and received the following quote for
playground equipment and poured-in-place surFacing from The Cooperative Purchasing
Network and Dakota Fence Company a bid for Playground EquipmenUFurnishings in
the amount of$204,352.72 including shipping, and Poured-in-Place SurFacing in the
amount of$149,500.00 installed, for a total bid of$353,852.72.
The Parks Dept. capital budget for this expenditure is $150,000.00.
Now Therefore, Be It Resolved that the contract from the Dakota Fence and from the
Cooperative Purchasing Network in the amount of$353,852.72 be accepted.
Resolution 15-049. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, tMat Resolution 15-049, a Resolution rejecting bids for the
Street Department Maintenance Facility Demolition Project, be approved. The motion
carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe; Absent: 1 — Bezdichek.
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Resolution No. 15-049 - Resolution Rejecting Bids on Street Department Maintenance
Facility Demolition Project
Whereas, the City of Brookings opened bids for Street Department Maintenance Facility
Demolition Project, on Tuesday, April 14, 2015 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the Street
Department Maintenance Facility Demolition Project: Prussman Construction, �,
Brookings, SD — Base Bid and Alternate #1 (Utility Cap off and Material Hauling):
$62,245.00; VJ Ahlers Excavating, Brookings, SD - Base Bid $49,920.92, Alternate #1
(Utility Cap off and Material Hauling), was not addressed in bid documents; Rounds
Construction, Brookings, SD - Base Bid and Aiternate #1 (Utility Cap off and Materiat
Hauling): $84,000.00; and
Whereas, the low bid of VJ Ahlers did not acknowledge the addendum on the bid
proposal and the addendum was for additional work that would have altered the price of
the bid.
Now, Therefore, Be It Resolved that all bids for Street Department Maintenance Facility
Demolition Project be rejected.
First Readina - Ordinance 15-003. Introduction and First Reading of Ordinance 15-
003, an Ordinance rezoning for an Animal Research Facility as a permitted special use
in the I-1 and I-1 R Industrial Districts. Public Hearing: May 12, 2015.
First Readin� - Ordinance 15-007. Introduction and First Reading of Ordinance 15-
007, an Ordinance Revising Section 46-22 of Article II and pertaining to the
Appointment of Members to the Brookings Historic Preservation Commission in the city
of Brookings, SD. Public Hearing: May 12, 2015.
First Readina - Ordinance 15-006. Introduction and First Reading of Ordinance 15-
006, an Ordinance to change the zoning on Lots 1, 2, and 3, Block 4, Folsom Addition
from a Business B-3 District to a PDD Planned Development District. Public Hearing:
May 12, 2015.
Temporarv Alcohol License. A motion was made by Council Member Corbett,
seconded by Council Member Hansen, that the temporary liquor application for the
VFW for a wedding reception at the National Guard Armory on May 8, 2015, be
approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Temporarv Alcohol License. A motion was made by Council Member Hansen,
seconded by Council Member Kubal, that the temporary liquor application for the
Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main
Avenue on July 18, 2015, be approved. The motion carried by the following vote: Yes: 6
- Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Resolution 15-040. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-040, a Resolution authorizing the City
Manager to enter into an Operating Agreement for an On-Sale Liquor License for
Wonder, Inc., DBA The Wi{d Hare, Justin Kirchhevel, Amy Kirchhevel, Todd Voss,
David Kneip and Greg Kneip, owners, 303 3rd Street, Brookings, South Dakota, legal
description: West 75 `of Lots 20 and 21, Block 3, Original Plat Addition, be approved.
The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Resolution No. 15-040 - Wonder, Inc., DBA The Wild Hare 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 befinreen the City of Brookings and Wonder, Inc., DBA The Wild Hare, for the
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purpose of a liquor manager to operate the on-sale establishment or business for and
on behalf of the City of Brookings at 303 3rd 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.
Ordinance 15-002. A public hearing was held on Ordinance 15-002, an Ordinance
Amending Chapter 22 of the Code of Ordinances of the City of Brookings and
Pertaining to Rental Dwelling Unit Standards. No public comment. A motion was made
by Council Member Hansen, seconded by Council Member Corbett, to approve
Ordinance 15-002. The motion carried by the following vote: Yes: 6 - Reed, Corbett,
Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Transportation Steerina Committee Recommendation. A motion was made by
Council Member Corbett, seconded by Council Member Hansen, that the
recommendation from the Transportation Steering Committee regarding Highway 14
improvement project from 22"d Avenue to 34th Avenue be approved. The motion carried
by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe;
Absent: 1 — Bezdichek.
Transportation Steerinq Committee Final Report. A motion was made by Counci(
Member Corbett, seconded by Council Member Niemeyer, that the Final Report from
the Transportation Steering Committee be approved. The motion carried by the
following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1
— Bezdichek.
Resolution 15-044. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 15-044, a Resolution approving a Right-To-
Occupy Easement to Boys and Girls Club of Brookings, South Dakota, be approved.
The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Resolution No. 15-044 - Resolution Approving Right-To-Occupy Easement,
Boys & Girls Club of Brookings, SD
Whereas, the City of Brookings has designated street rights-of-way property for public
access; and
Whereas, the City of Brookings maintains all public rights-of-way; and
Whereas, the City of Brookings has been requested to allow the Boys and Girls Club of
Brookings, South Dakota, the Right-To-Occupy the West Twenty-five Feet (W25') of the
East Two Hundred Feet (E200') of the 12th Street South Right-Of-Way, Adjacent to
Block 7, Hyland Addition, Section 36, T110N, R50W, in the City of Brookings, Brookings
County, South Dakota, for the sole purpose of constructing underground communication
lines.
Now, Therefore, Be It Resolved that the Right-To-Occupy Easement be approved as
shown on Attachment A.
Preliminarv Plat. A motion was made by Council Member Hansen, second�d by
Council Member Corbett, that the Preliminary Plat for Lots 1-17, Block 1, and Lots 1-14,
Block 2, Reserve Addition in the SW '/4 of Section 36-T110N-R50W be approved. The
motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer,
and Thorpe; Absent: 1 — Bezdichek.
Preliminarv Plat. A motion was made by Council Member Hansen, seconded by
�`;°��„ Council Member Niemeyer, that the Preliminary Plat for Blocks 1-4, Voss-Kneip First �
Addition, SE '/, Section 11-T109N-R50W be approved. The motion carried by the
following vote: Yes: 6 - Reed, Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1
— Bezdichek.
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6th Street Liahtinq Upcharpes. A motion was made by Council Member Corbett,
seconded by Council Member Hansen, that the 6th Street Lighting Upcharges from 22"d
Ave. to 34th Ave. be approved. The motion carried by the following vote: Yes: 6 - Reed,
Corbett, Hansen, Kubal, Niemeyer, and Thorpe; Absent: 1 — Bezdichek.
Adiourn. A motion was made by Council Member Kubal, seconded by Council Member
Hansen, to adjourn the meeting at 7:56 p.m. Motion carried by unanimous vote.
CITY OF BROOKINGS
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Tim Reed, Mayor
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Shari Thornes, City Cler ��'�����"�'