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HomeMy WebLinkAboutCCMinutes_2016_11_08 �; 479 Brookings City Council November 8, 2016 The Brookings City Council held a meeting on Tuesday, November 8, 2016 at 5:00 p.m., at City HaH with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. City Manager Jeffrey Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Council Member Wendell, seconded by Council Member Corbett, to enter into Executive Session at 5:02 p.m. for purposes of consuiting with iegal counsel regarding proposed or pending litigation or contractual matters and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business, with the City Council (Council Member Hansen arrived at 5:06 p.m.), City Manager, City Clerk, City Attorney, and Mike Struck, Community Development Director, present. The motion carried by a unanimous vote. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to exit Executive Session at 6:05 p.m. The motion carried by a unanimous vote. Consent Aaenda. Item 8.C. Public Hearing and Action on Resolution 16-088, a Resolution authorizing the city Manager to sign an On-Off Sale Wine Operating Agreement for Optimal Success, Inc., dba 1000 Degree Pizzeria was removed from the agenda, Item 8.B. was corrected as an On-Off Sale Malt License, Item 3.C. was removed from Consent Agenda, and Item 4.B. Action to hold two special council meetings on December 8 and December 20 was added to the agenda. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve the Consent Agenda, as amended. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. 3.A. Action to approve the agenda, as amended. 3.B. Action to approve the September 20, October 11, and October 18 City Council Minutes. 3.D. Action on Resolution 16-089, a Resolution to declare Police Vehicles as surplus property. Resolution 16-089 - Resolution for the Surplus of Police Vehicles Whereas, the city of Brookings is the owner of the following described equipment formerly used at the City of Brookings Police Department: 6-2A 2014 Ford Explorer, 127,000 miles, VIN: 1 FM5K8AROEGA70720; 6-2D 2014 Ford Explorer, 108,000 miles, VIN: 1 FM5K8AROEGB74338. Whereas in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.E. Action on an Amendment to the Civil Air Patrol, Inc. Lease Agreement. Addendum to Civil Air Patrol, Inc. Airport Terminal Lease Agreement This Addendum to Agreement with Civil Air Patrol, Inc. is made and entered into by and between the City of Brookings, South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Civil Air Patrol, Inc. hereinafter referred to as "Lessee." This addendum is intended to amend the current lease agreement with Civil Air Patrol dated January 27, 2015, with all other terms of the Lease Agreement to remain in full force and effect. 48 � For and in consideration of the mutua{ covenants, conditions and promises, the parties do hereby agree that the following sections of the Lease Agreement dated January 27, 2015 are amended as follows: 1. Article VII: Rental Space in the Terminal Building/Rent Pavable Commencing on January 1, 2017 through December 31, 2017, the monthly rental installment shall be $77.25 per month, said sum to be billed and payable on or by the first working day of each month and is late if paid after the 10t" day of the month. This Agreement shall be in full force and effect from the date of approval by both parties and ending December 31, 2017, unless sooner terminated or extended as provided in the lease. Lessee understands that this Lease is subject to early termination if the Gity of Brookings agrees to permit a commercial service, airline, operator or other purpose for the terminal building. 2. Remaininq Sections of Lease shall continue unmodified All other Articles of the Lease Agreement befinreen the parties dated January 27, 2015 shall remain in full force and effect. 3.F. Action on Resolution 16-090, a Resolution awarding the contract for 2017- 2018 Airport Hay Land Lease. Resolution 16-090 - Resolution Awarding Bids on Airport Hay Land Lease Whereas, the City of Brookings opened bids to {ease approximately 315 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following bids for Airport Hay Land Lease: Brian Fett, Dell Rapids, SD - $78.10 per acre, David Rochel, Aurora, SD - $46.50 per ac�e and Jason Voss, Brookings, SD - $40.00 per acre. Now Therefore, Be It Resolved that the high bid of Brian Fett, Dell Rapids, SD for $78.10 per acre be accepted. 3.G. Action on Resolution 16-092, a Resolution awarding the contract for City Hay Land Lease for hay land located in Section 21-T110N-R50W. Resolution 16-092 - Resolution Awarding Bids on City Hay Lease in Section 21-T110N-R50W Whereas, the City of Brookings opened bids for approximately 60 acres of City Hay Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: David Rochel, Aurora, SD - $108.50 per acre; Brian Fett, Dell Rapids, SD - $98.00 per acre; Daniel Bauer, Elkton, SD - $85.50 per acre; Jason Voss, Brookings, SD - $50.00 per acre. Now Therefore, Be It Resolved that the high bid of$108.50 per acre from David Rochel, Brookings, SD be accepted. 3.H. Action on Resolution 16-093, a Resolution awarding the contract for City Crop �and Lease for cr4op land located in the Wiese and Freeland Additions. Resolution 16-093 - Resolution Awarding Bids on City Crop Land Lease Whereas, the City of Brookings opened bids for approximately 52 acres of crop land for lease on City-owned parcels located in Wiese Addition and Freeland Addition, Sections 18 and 19, T110N, R49W, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Land Lease: David Rochel— $206.50/acre, Brian Fett - $181.00/acre and Daniel Bauer- $142.50/acre. � ; 481 Now Therefore, Be ft Reso(ved that the high bid of David Rochel, Aurora, SD, for $206.50 per acre be accepted. 3.1. Action on Resolution 16-094, a Resolution awarding the contract for City Hay Land Lease for hay land located in Section 11-T109N-R50W. Resolution 16-094 - Resolution Awarding Bids for City Hay �and Lease in Section 11-T109N-R50W Whereas, the City of Brookings opened bids for a two-year lease of approximately 18 acres of City hay land in Section 11-T109N-R50W, southeast of 32nd Street South and Main Avenue South, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Land Lease: Brian Fett, Dell Rapids, SD - $66.00/acre; David Rochel, Aurora, SD - $46.50/acre; LNJ Farms & Ranch, Aurora, SD - $45.00/acre; Jason Voss, Brookings, SD - $40.00/acre; Dennis Welbig, Brookings, SD - $36.60/acre; Daniel Bauer, Elkton, SD - $25.00/acre Now Therefore, Be It Resolved that the high bid of Brian Fett, Dell Rapids, SD for $66.00 per acre be accepted. 3.J. Action on Resolution 16-083, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement renewal for Ram & O'Hare's Ent., LLC, dba The Ram, Jerry and Tammy Young, owners, 327 Main Ave., legal description: East 121' of Lot 14, Block 3, Original Plat Addition. Resolution 16-083 - Ram & O'Hare's Eng. LLC, dba The Ram — 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 Ram & O'Hare's Eng. LLC, dba The Ram, Jerry and Tammy Young, owners, 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 327 Main Avenue. 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 ten (10) years. 3.K. Action on Resolution 16-084, a Resolution authorizing the City Manager to sign off on an On-OfF Sale Wine Operating Agreement renewal for Schoon's Pump N' Pak South, owner, Jon Schoon, 1203 Main Ave. So., legal description: Outlot 8, NE '/4, .66 acres, Section 35-110-50. Resolution 16-084 - Schoon's Properties, Inc., dba Schoon's Pump N' Pak South — Wine Operating Agreement Renewai Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the Operating Liquor Management Agreement for On-Sale Wine between the City of Brookings and Schoon's Properties, Inc., dba Schoon's Pump N' Pak South, 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 1203 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Lease Agreement renewal on behalf of the City, which shall be for a period of five (5) years. 3.L. Action on Resolution 16-086, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement Renewal for Aramark/ McCrory Gardens Educational Visitors Center, at the corner of 6th Street and 22"d Avenue, legal description: a portion of the SE '/4 of Section 24-T110N-R50W (located on the northwest corner of 6t" Street and 22"d Avenue). Resolution 16-086 -Aramark/ McCrory Gardens Educationa! Visitors Center—Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the Operating Liquor Management Agreement for On-Sale Wine befinreen the City of Brookings and Aramark/ McCrory 482 Gardens Educational Visitors Center, 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 the corner of 6th Street and 22"d Avenue. Be It Further Resolved that the City Manager be authorized to execute the Lease Agreement renewal on behalf of the City, which shall be for a period of five (5) years. Removed from Consent A�tenda: Annual Liauor and Wine Alcohol License Renewals for 2017. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to approve the following annual Liquor and Wine License Renewals: Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22"d Ave. So. Liquor (On-Sale): Fireside Restaurant/ Dakota Ram Inc., 2515 E. 6�' St. (CL); Park Hospitality, Inc., 2500 6th St. (CL); Applebee's / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill /W&P of Brookings, LLC, 1721 6th St.; CRAFT/ Midwest Fresh Concepts, LLC, 610 Medary Ave.; Cubby's Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny's / David Olson Inc., 703 Main Ave. So.; Elks Brookings Lodge #1490, 516 4th St.; Jim's Tap / Urquhart Ent., Inc., 309 Main Ave.; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Old Market Eatery/The Lee Group, 424 5th St. (legal description change); Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / B&L Sullivan, Inc., 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; The Ram / Ram & O'Hare's Ent., LLC, 327 Main Ave.; Ray's Corner/ Fergen Enterprises Inc., 401 Main Ave.; Skinner's Pub Inc., 300 Main Ave.; Sully's Irish Pub/B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder, Inc., 303 3�d St.; Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co. LLC, 621 32nd Ave. Wine (On-Off Sale): Aramark/McCrory Gardens Visitors Center, 6th St. & 22nd Ave.; Brookings Municipal Liquor Store, 780 22nd Ave. So.; Children's Museum of South Dakota, 521 4th St.; CRAFT/ Midwest Fresh Concepts, LLC, 610 Medary Ave.; The Depot/ ERL, LLC, 919 20th St. So.; Guadalajara Mexican Restaurant, 1715 6th St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22"a Ave.; KRAVE, Inc., 1040 22"d Ave. So.; New Sake, Inc., 724 22"d Ave. So.; Old Sanctuary/ Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Schoon's Pump N' Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.; Skinner's Pub Inc., 300 Main Ave.; Swiftel Center, 824 32"d Ave.; Wal-Mart Supercenter#1538 /Wal-Mart Stores, Inc., 2233 6t" St.; Zip Trip #63 / CHS, Inc., 1005 6th St.; Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to table the annual Wine License Renewal for The Dixie, 1300 Main Ave. So. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Schedule Saecial Citv Council Meetinas. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to schedule two special council meetings on December 8 and December 20. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Distin�uished Award. Mayor Tim Reed recognized Finance Manager Shawna Costello and her staff for their commitment and dedication to excellence in government financial management for the taxpayers of the City of Brookings for receiving the distinguished Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reaortinq for the fourth consecutive year. FIRST READING: Ordinance 16-024. Introduction and First Reading was held on Ordinance 16-024, an Ordinance establishing the University Community Coalition (UCC) of the City of Brookings, SD. Public Hearing: November 22, 2016. Resolution 16-085. A public hearing was held on Resolution 16-085, a Resolution approving a Special Assessment for uncollected Mowing / Inspection Fees. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 16-085 be approved. The motion carried by the following vote: Yes: 7 - � 483 Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-085 - Levy Assessment for Mowing 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 Mowing/Inspection fees; 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: June Chase, 119 W. 7t" St., mowing & inspection fee in the amount of$510.00. On-Off Malt Beveraae License. A public hearing was held on an On-Off Sale Malt Beverage Alcohol License for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl Larsen, owner, 770 22"d Ave. So., Brookings, South Dakota, legal description: Lot 2, Brookings Mall Addition. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that the license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Ordinance 16-422. A public hearing was held on Ordinance 16-022, an Ordinance amending the Requirements for Campaign Financing Disclosures in the City of Brookings, South Dakota. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 16-022 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Ordinance 16-023. A public hearing was held on Ordinance 16-023, an Ordinance establishing procedure for Revisions and Amendments to Ordinances following First Readings. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Ordinance 16-023 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Preliminarv Plat. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that a Preliminary Plat for Lots 1-59 in Block 1, Reserve Second Addition (located south of 15th Street South and north of the Windermere Point Addition in an R-3 District), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Industrial I-1 R District Site Plan. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that an Industrial 1-1 R District Site Plan for Lot 1, Block 7, Wiese Addition (Medgene Labs; located along 32nd Avenue), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Abandoned Cemeterv. A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, to assume ownership of the cemetery and to direct the City Attorney to start quiet title action of the property pursuant to SDCL. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Economic Development Tax Grant Incentive Proqram & Application A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Discussion and possible action on Economic Development Tax Grant Incentive Program and Application, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. South Main Fire Station Construction Budaet. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adopt a construction budget of$1,375,000 from the 25% Second Penny Fund for the South Main Fire Station. The 484 motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. An amendment was made by Mayor Reed, seconded by Council Member Niemeyer, for the consideration of the alternate for in-floor heating. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Residential Parkinq Permit Options. No action was taken. Staff was directed to provide more detail on estimated costs to the city and a communications plan. WPA Armorv. A motion was made by Mayor Reed, seconded by Council Member Niemeyer, to proceed with demolishing the Armory and developing a gathering space or park on the site, understanding there is a review process to be followed, because the building is on the National Register of Historic Places. Public Comment: David Kneip, Mariah Carey, Doug Smith, Dana Anderson, Nick Schmeichel, Angie Boersma, Doug Armstrong, Lisa Rothburn, Greg Heiberger, and David Kneip. The motion carried by the following vote: Yes: 4 - Corbett, Niemeyer, Reed, and Wendell; No: 3 - Bacon, Hansen, and Kidwiler. Topics for future discussion. A motion was made by Council Member Hansen, seconded by Mayor Reed, to add a follow-up on the Mental Health Awareness to the December 13 City Council Meeting Agenda. The motion carried by a unanimous vote. Adiourn. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to adjourn the meeting at 7:08 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS , �� Tim Reed, Mayor ATTEST: ym. c� � ✓ ,GU/ J.• ��N' z' S�a��� __ rnes, City Clerk �. , �•. J�i'P9 c,' t cn G��'•, f .S�''........•'C!P �rN oa�.