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HomeMy WebLinkAboutCC Minutes_2017_03_28 28 Brookings City Councii March 28, 2017 The Brookings City Council held a meeting on Tuesday, March 28, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Deputy Mayor Keith Corbett, and Council Members Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Mayor Scott Munsterman was absent. City Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Aqenda. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 — Munsterman. 3.A. Action to approve the agenda. 3.B. Action to approve the February 28 and March 14 City Council Minutes. 3.C. Action on Resolution 17-039, a Resolution declaring miscellaneous Airport furniture Surplus Property. Resolution 17-039 - Declaring Surplus Property Miscellaneous Airport Furniture Whereas, the City of Brookings is the owner of the following described items formerly used at the Brookings Regional Airport: Wooden desk, chairs, two wooden cabinets, metal cabinet and two electronic signage boards; and Whereas, in the best financial interest, it is the desire of the City of Brookings to sell or dispose same as surplus property; and Whereas, the City Manager hereby authorized to sell or dispose of 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.D. Action on Resolution 17-031, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Cenex Zip Trip #64, CHS, Inc., owner, 3045 LeFevre Dr., legal description: Lot 6, N 225' of E 30' Lot 7, LeFevre Addition. Resolution 17-031 - Cenex Zip Trip #64, CHS, Inc. Wine Operating Agreement Renewal 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 Cenex Zip Trip #64, CHS, Inc., owner, 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 3045 LeFevre Dr. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement. 3.E. Action on Resolution 17-032, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 10-year renewal for Danny's, David Olson, Inc., David Olson, owner, 703 Main Ave. So., legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. Resolution 17-032 - David Olson, Inc., dba Danny's Liquor Operating Agreement Renewal 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 David Olson, Inc., dba Danny's, David Olson, owner, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf ofi the City of Brookings a# 703 Main Ave. So. 29 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 10 years, with a renewal in five (5) years. 3.F. Action authorizing the Mayor to sign a letter of support for a Multi- Jurisdictional Grant for a Pre-Disaster Mitigation Plan. 3.G. Action on Resolution 17-043, a Resolution declaring 1998 Freightliner FL-60 Water Tender as Surplus Property. Resolution 17-043 - Declaring Surplus Property 1998 Freightliner FL60 Water Tender Whereas, the City of Brookings is the owner of a 1998 Freightliner FL60 Water Tender; and 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 is 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.H. Action on Resolution 17-038, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. Resolution 17-038 - Bridge Re-Inspection Program Resolution for use with SDDOT Retainer Contracts Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and re-inspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are re-inspected at intervals not to exceed four years. Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds. The City of Brookings requests SDDOT to hire Civil Design Inc. for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds. 3.1. Action on Resolution 17-037, a Resolution directing preparation of Assessment Roll, dividing Assessments into Installments, and providing for the Collection thereof for Sidewalk Assessment, Project 2016-01SWR (2016 Sidewalk Repairs). Resolution 17-037 - Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and providing for the Collection thereof for Sidewalk Assessment, Project 2016-01 SWR (2016 Sidewalk Repairs) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution 16-045, Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2016-01 SWR. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Sidewalk Assessment Project No. 2016-01 SWR has been duly executed, and the City Council is authorized to levy speeial assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in City Hall showing the total cost of said improvement as follows: Contract price of$238,708.98; Engineering, inspection, fiscal, legal expense, publication of $2,331.97; for a Total Expense of$241,040.95. 30 4. The total cost of said improvement shall be paid as follows: City Repair Costs of $200,494.89, and Assessable costs of $40,546.06. 5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement. 6. The assessment shall be divided into five (5) equal annual installments for all amounts over $300.00. For amounts of$300.00 or less, the entire assessment shall be due. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). Invitation: Dr. Laura Renee Chandler, Assistant Professor at SDSU, invited the Council and public to attend the Town Hall on Race and Marginalized Communities featuring Sybrina Fulton on Sunday, April 30, 2017. Resolution 17-036. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Resolution 17-036, a Resolution authorizing the City Manager to sign documents for Brookings Regional Airport Project No. AIP #3-46-0005- 028/029-2016/2017, Runway 17/35 Improvements, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 — Munsterman. Resolution 17-036 - A Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-028/029-2016/2017, Runway 17/35 Improvements Whereas, the Brookings City Council desires Federal Aviation Administration and South Dakota Department of Transportation assistance with the Brookings Regional Airport Project AIP #3-46-0005-028/029-2016/2017; and � Whereas, the City of Brookings desires construction of Runway 17/35 including base course, surFacing, underdrain, milling and pavement markings. Now Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Grant Application, Grant Offer, Grant Agreement and other related documents for Runway 17/35, Brookings Regional Airport Project AIP #3-46-0005-028/029-2016/2017. FIRST READING — Ordinance 17-008. Introduction and First Reading on Ordinance 17-008, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Section 94-396 Wireless Communication Facilities for the purpose of administration of the Zoning Ordinance. Public Hearing: April 25, 2017. Ordinance 17-007. A Second Reading was held on Ordinance 17-007 an Ordinance authorizing Supplemental Appropriation #1 to the 2017 Budget. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that Ordinance 17- 007 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 — Munsterman. Resolution 17-034. A public hearing was held on Resolution 17-034, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that Resolution 17-034 be approved. The 31 motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 — Munsterman. Resolution 17-034 - Levying Assessment for 2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South Reassessment Whereas, the City Council has provided for the work to be completed under Project No. 2014-02STA Main Avenue South & 26th Street South Project. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has adopted Resolution of Necessity No. 05-14 and has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the street improvement heretofore designated as Street Assessment Project 2014-02STA Main Avenue South & 26th Street South Project in the amount is the amount stated in the proposed assessment roll. 2. The City Council has adopted Resolution 15-096 Levying Assessment for Project No. 2014-02STA Main Avenue South & 26th Street South Street Assessment Project and the criteria has not been met for parcel number 40970-10950-022-00 located in the N1550' of the NW1/4, Exc platted areas & Exc. the S640' of the N1062' of E246' & Exc. S20' of N422' of E223' & Exc. the W40' of E223' of S165' of N402', Section 2-T109N- R50W and parcel number 40970-10950-022-15 located in the W1/2 of the NW '/4 Exc. N1550' & Exc. Platted areas, Section 2-T109N-R50W, as referenced on the 2014- 02STA Assessment Roll approved by Resolution 15-096 on September 22, 2015. The assessment is therefore being collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended. 3. The 2017 Assessment of the Street Assessment Project No. 2014-02STA is hereby - approved and the assessments set forth in the assessment roll are hereby levied against each and every lot, piece or parcel of land as described in the proposed assessment roll. 4. The assessment shall be divided into ten (10) equal annual installments. 5. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to SDCL 9-43-102, South Dakota Compiled Laws of 1967, as amended. 6. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment for a maximum of ten (10) years. Presentation of the Citv of Brookinqs Financial Report. Shawna Costello, Finance Director, presented the 2016 "unaudited' Annual City of Brookings Financial Report. Satisfaction of Mortqaqe. A motion was made by Council Member Hansen, seconded by Council Member Bacon, to authorize the Mayor to sign a Satisfaction of Mortgage executed by Area Development Corporation. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 — Munsterman. Resolution 17-035. A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, that Resolution 17-035, a Resolution Concurring in the Placement of Stop Signs on 5th Street at its intersection with 13t"Avenue, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 — Munsterman. Resolution 17-035 - Concurring in the Placement of Stop Signs on 5th Street at its Intersection with 13th Avenue 32 Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of 2- way stop signs on 5th Street at its intersection with 13th Avenue. Adiourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 6:25 p.m. The motion carried by a unanimous vote. CIT BROOKINGS tt unsterman, Mayor �,v �'���,a,f��o=s � ��� :� ��: : �� P �,:, �'Y �iG2��� � . +�"'�` ornes, City Clerk ADDENDUM: Volunteer Listing for Work Comp Coverage (as per Resolution 16-025) Citv Park & Recreation Volunteers: Nicholas Abegglen, Curtis Ahmann, Neil Andal, William Aylor, Chad Bachman, Ken Briggs, Andrea Boglic, Stefano Cezar Blatt, Jennifer Chandler, Christopher Cirillo, Joy Cordier-Jensen, Kaylee Cushing, Christa Damm, Eric Earley, David Falco, Todd Feige, Cindy Foerster, Jason Goertz, Scott Hallan, Seth Hansen, Shawn Hostler, Jeremie Houtman, Jason Hove, Joshua Huyck, Jeff Jacobson, Kent Jensen (new 3/6/2017), Michael Jensen, Tylor Johnson, Melissa Kahler, Greg Kastner, Mark Kuechenmeister, Shane Kuehl, Jennifer Lacher-Starace, Jason Langland, Jodie Langland, Jeffrey Lee, Elizabeth McClemans, Kyle McCutcheon, lasmin Monjardim Rosa, Paul O'Neil, Salil Purandare, Stacie Psyk, Graig Reicks, Kyle Sachs, Joe Schefers, Jonathan Schneider, Daniel Schulte, Joseph Schumacher, Robert Seeley, Mike Starace, Annette Streich, Kevin Tetzlaff, Lisa Thompson, Michael Twedt, Jason Warne; Citv Police Dept. Reserve Unit: Mark Anawski, Justin Borns, Kevin Catlin, Rachel (Gacke) Holm, Steve Hougland, Kay Lindgren, Matt Luebbert, Jaque Mann, Joshua Mann, Jim McDaniel, Cora Olson (new 3/1/2017), Keven Perry, Ben Quam, Mark Reif, Michael Scott.