HomeMy WebLinkAboutCCMinutes_2015_10_27 3ss
Brookings City Council
October 27, 2015
The Brookings City Council held a meeting on Tuesday, October 27, 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, Patty Bacon, and Scott Meyer. Council
Member Jael Thorpe was absent. City Attorney Steve Britzman, City Manager Jeffrey
Weldon and City Clerk Shari Thornes were also present.
Consent Aqenda. The Executive Session was removed from the agenda. A motion
was made by Council Member Hansen, seconded by Council Member Corbett, to
approve the Consent Agenda as amended. The motion carried by the following vote:
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Meyer, and Bacon; Absent: 1 —Thorpe.
3.A. Action to approve the agenda, as amended.
3.B. Action to approve the September 15 and September 22 City Council Minutes.
3.C. Action on Resolution 15-105, a Resolution authorizing Change Order No. 4
(Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-
026-2013; Muth Electric, Inc.
Resolution 15-105 -A Resolution authorizing Change Order No. 4 (Final)
for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013;
Muth Electric, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013,
Construction Change Order Number 4, Muth Electric, Inc.:
Adjust the contract quantities to as-constructed quantities and for additional work
to hard wire the lighted crosses used for the project for a total increase of
$2,651.68 to the contract to close out the project.
3.D. Action on Resolution 15-106, a Resolution authorizing Change Order No. 5
(Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-
026-2013; Bowes Construction, Inc.
Resolution 15-106 -A Resolution authorizing Change Order No. 5 (Final)
for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013;
Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013,
Construction Change Order Number 5 (Final), Bowes Construction, Inc.:
Adjust the contract quantities to as-constructed quantities and for additional work
to clear and grub trees and salvage and stockpile granular asphalt material for a
total decrease of $1,053,681.06 to the contract to close out the project.
Downtown Brookinqs, Inc. Report. Elliot Johnson, DBI Director, provided an update
to the Mayor and City Council on current and upcoming events.
Consultinq Aqreement. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that the Consulting Agreement between Dr. Gregory
Boardman and the City of Brookings for services be approved. The motion carried by
the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon;
Absent: 1 —Thorpe.
Off-Sale Malt License Transfer. A public hearing was held on the transfer of an Off-
Sale Malt Beverage Alcohol License from Judy Faber, Fireside, Inc., to Jason Parker,
Dakota Ram, Inc., DBA Fireside Restaurant, 2515 E. 6th St., Brookings, South Dakota,
legal description: Block 12, Telkamp Addition. A motion was made by Council Member
Corbett, seconded by Council Member Niemeyer, #hat the transfer be approved. The
motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer,
and Bacon; Absent: 1 —Thorpe.
Resolution 15-104. A public hearing was held on Resolution 15-104, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On-Sale
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Liquor License for Dakota Ram Inc., DBA Fireside Restaurant, Jason Parker, owner,
2515 E. 6t" Street, Brookings, South Dakota, legal description: Block 12, Telkamp
Addition. A motion was made by Council Member Niemeyer, seconded by Council
Member Corbett that Resolution 15-104 be approved. The motion carried by the
following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon; Absent: 1
—Thorpe.
Resolution 15-104 - Dakota Ram, Inc., DBA Fireside Restaurant
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 Dakota Ram, Inc., DBA Fireside Restaurant,
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 2515 E. 6th 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.
Resolution 15-097. A motion was made by Council Member Hansen, seconded by
Council Member Meyer, to remove Resolution 15-097, a Resolution Determining the
Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting
Property Owners; 2016-01 SWA Sidewalk Assessment Project, from the table. The
motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer,
and Bacon; Absent: 1 —Thorpe.
The public hearing was reopened on Resolution 15-097, a Resolution Determining the
Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting
Property Owners; 2016-01 SWA Sidewalk Assessment Project. Public Comment: Del
Poppinga, David Kneip, and Paul Moriarty. A motion was made by Council Member ,
Bacon, seconded by Council Member Hansen, that Resolution 15-097 be approved. I
The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer,
Meyer, and Bacon; Absent: 1 —Thorpe.
Resolution 15-097 - Resolution Determining the Necessity of Installing
Sidewalks in the City of Brookings at the Expense of Abutting Property Owners;
2016-01 SWA Sidewalk Assessment Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the
parcels and lots of land in the City described in the Notice to Property Owners attached
to this Resolution and marked as 2016-01 SWR Sidewalk Assessment Project.
2. Such sidewalks shall be to the width and of the materials prescribed by Article V,
Sidewalks, of Chapter 74 of the Code Ordinances of the City of Brookings and to the
grade and in accordance with the Plans and Specifications prepared in the Office of the
City Engineer.
3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners
to be mailed to each property owner by certified mail.
Resolution 15-107. A public hearing was held on Resolution 15-107, a Resolution
authorizing the exchange of Real Estate Property Interests. A motion was made by
Council Member Hansen, seconded by Council Member Meyer, that Resolution 15-107
be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Niemeyer, Meyer, and Bacon; Absent: 1 —Thorpe.
Resolution No. 15-107 - Resolution Authorizing the
Exchange of Real Estate Property Interests
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
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Whereas, for the purpose of acquisition and clarification of drainage and utility
easements, the City desires to acquire from Dorenda R. Ohm ("Ohm"), easements to
the following described property:
Tract 1.
The Storm Water Drainage Easement as shown on the Replat of Lot Three (3) in
Block Two (2) of D and D Addition to the City of Brookings, County of Brookings,
State of South Dakota; and
Tract 2.
An Easement for Storm Water Drainage and Utility purposes upon Lot H-1 of
Outlot "A" in the Southeast Quarter (SE'/4) of Section Thirty-five (35), Township
One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., to #he City
of Brookings, County of Brookings, State of South Dakota; and
Whereas, the City of Brookings no longer requires the following described property
because the City has acquired or is acquiring drainage and utility easements upon this
property and therefore proposes to exchange the following described property in
exchange for the above-described easements:
Tract 3.
Lot H-1 of Outlot "A" in the Southeast Quarter (SE'/4) of Section Thirty-five (35),
Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M.,
to the City of Brookings, County of Brookings, State of South Dakota; and
Whereas, the City of Brookings has determined the exchange of the above-described
property interests for the purposes set forth immediately above is in the best interests of
the City of Brookings;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City of Brookings acquire easements ta Tracts One (1) and Two (2) of the
above-described real property from Dorenda R. Ohm; and
B. That the City of Brookings convey title to Tract Three (3) to Dorenda R. Ohm in
exchange for easements to Tracts One (1) and Two (2); and
C. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute
a Real Estate Exchange.
Resolution 15-103. A public hearing was held on Resolution 15-103, a Resolution
approving a Special Assessment for Tree Removal. Public Comment: David Kneip.
David Kneip recommended that the City bid out tree removal in the future. A motion
was made by Council Member Hansen, seconded by Council Member Meyer, that
Resolution 15-103 be approved. The motion carried by the following vote: Yes: 6 -
Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon; Absent: 1 —Thorpe.
Resolution 15-103 - Levy Assessment for Tree Removai
Whereas, the City Manager has submitted to the City Council Special Assessments
against the owner and legal description listed below as hereinafter set out for tree
removal.
Now Therefore Be It Resolved by the City Council of the City of Brookings, South
Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32-
12 as follows: David Kneip, 1217 5th St., tree removal/Dutch Elm Disease in the amount
of $6,822.14; VK Properties, 1402 6th St. & 1227 5th St., tree removal/Dutch Elm
Disease in the amount of$3,930.99; and Todd Voss, 1202 6th St.
Preliminarv Plat. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that the Preliminary Plat of Lots 26-31, Block 6; Lot 16,
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Block 7; and Lots 16-19, Block 8, Timberline Addition, be approved. The motion carried
by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Meyer, and Bacon;
Absent: 1 —Thorpe.
Adiourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, to adjourn the meeting at 6:47 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
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ATTEST: Tim Reed, Mayor
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Shari Thornes, City Clerk ��';�..
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