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Home My WebLink AboutCC Minutes_2017_05_09 49 Brookings City Council May 9, 2017 The Brookings City Council held a meeting on Tuesday, May 9, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members 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 Hansen, to enter into Executive Session at 5:45 p.m. for purposes of discussing the qualifications, competence, perFormance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor with the City Manager, City Attorney and City Clerk present. The motion carried by a unanimous vote. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to exit Executive Session at 6:00 p.m. The motion carried by a unanimous vote. Certificate of Election and Oath of Office. Mayor Keith Corbett (term expires 5/1/2018), and Council Members Ope Niemeyer and Dan Hansen (terms expire 5/1/2020) took their Oath of Office and were presented with Certificates of Appointment. (NOTE: All were previously sworn in on May 3, 2017 prior to a Special City Council Meeting.) 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. 4.A. Action to approve the agenda. 4.B. Action to approve the April 25, 2017 City Council Minutes. 4.C. Action on Resolution 17-051, a Resolution Authorizing the Execution of Equipment Lease-Purchase Agreement. Resolution 17-051 - Resolution Authorizing the Execution of Equipment Lease —Purchase Agreement Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, for the purpose of financing the acquisition of a Daktronics Display/Scoreboard, the City of Brookings desires to execute a Lease-Purchase Agreement in the principal amount not exceeding $294,000, and Whereas, PNC Equipment Finance, LLC will act as Lessor under said Lease; and Whereas, the Lease with PNC Equipment Finance, LLC will bear interest and will contain options to purchase the equipment by the City of Brookings, and annual lease payments will be subject to annual appropriation or renewal by the City Council and shall not constitute general obligations of the City or indebtedness under the Constitution or laws of the State of South Dakota, and Whereas, this Resolution shall take effect immediately upon its adoption and approval. 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 enter into an Equipment Lease-Purchase Agreement with PNC Equipment Finance, LLC to acquire an Indoor Daktronics LED Video Board together with all attachments, tooling, accessories, appurtenances and additions thereto; and B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute an Equipment Lease-Purchase Agreement with PNC Equipment Finance, LLC and the required lease financing documents in accordance with this Resolution. 50 4.D. Action on Resolution 17-055, a Resolution declaring a 2002 Ford F150 Pickup as Surplus Property (Engineering Dept.). Resolution 17-055 - Declaring Surplus Property— Engineering Department: 2002 Ford F150 Pickup Whereas, the City of Brookings is the owner of the following described vehicle formerly used at the Brookings Engineering Department: One (1) 2002 Ford F150 Pickup, VIN #1 FTRX18L62NA35445. 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. 4.E. Action on Ex-Officio Appointments. Brookinqs Health Svstem Board of Trustees: appoint Keith Corbett and Mary Kidwiler; Brookings Municipal Utilities Board: appoint Ope Niemeyer and Patty Bacon; BEDC Board: appoint Dan Hansen; BEDC Investment Committee: appoint Mary Kidwiler, Ope Niemeyer and Dan Hansen; East Central Communications Council (E-911): appoint Patty Bacon; Joint Powers Board: appoint Nick Wendell and Mary Kidwiler; Retail Grant Committee: appoint Nick Wendell. Council Invitation. Lynn Verschoor, Brookings Public Arts Commission, invited the City Council and public to attend Patrick Dougherty's Artist Talk at the Children's Museum of South Dakota on Thursday, May 18th, from 5:00-6:30 p.m. Citv of Brookinqs 2016 Annual Financial Report. Chris Lindner, CPA, CGMA, Manager BKD, LLP presented the 2016 Financial Audit and the Comprehensive Annual Financial Report for the City of Brookings. Resolution 17-052. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, that Resolution 17-052, a Resolution Awarding the Contract on 2017-08ST1 Street Maintenance and Overlay Project, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Resolution 17-052 - Resolution Awarding Bids on Project 2017-08ST1 Street Maintenance and Overlay Project Whereas, the City of Brookings opened bids for Project 2017-08STI Street Maintenance and Overlay Project on Tuesday, May 2, 2017 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2017-08STI Street Maintenance and Overlay project: Bowes Construction Co., Inc.: $384,690.00, and Duininck Inc.: $486,522.44. Now Therefore, Be It Resolved that the total low bid of $384,690.00 for Bowes Construction Co., Inc. be accepted. Resolution 17-059. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Resolution 17-059, a Resolution authorizing Change Order No. 3 (Final) for 2016-09ST1, LeFevre Drive Storm Sewer Project; Timmons Construction, Inc., be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Resolution 17-059 - Resolution Authorizing Change Order No. 3 (Final) for 2016-09ST1 LeFevre Drive Storm Sewer Project; Timmons Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2016-09ST1, LeFevre Drive Storm Sewer Project: Construction Change Order Number 3: Adjust bid quantities to as-constructed quantities for an increase of$15,196.14 to the contract and extend the final completion date by one working day to close out the project. 51 FlRST 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 Facilifiies for the purpose of administration of the Zoning Ordinance. (Ordinance has changed from First Reading held March 28, 2017). Public Hearing: May 23, 2017. Ordinance 17-009. A Public Hearing was held on Ordinance 17-009, an Ordinance rezoning Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW 1/4 of the SE 1/4, excluding platted areas in Section 2-T109N-R50W. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 17-009 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Ordinance 17-010. A Public Hearing was held on Ordinance 17-010, an Ordinance pertaining to a Conditional Use Permit for outdoor storage, on Lot 3 Le Fevre Addition, also known as 3100 6th Street. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 17-010 be approved with the following condition, "an eight (8) foot high chain link fence with slats shall be constructed around the outdoor storage area." The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Ordinance 17-011. A Second Reading was held on Ordinance 17-011, an Ordinance Establishing What Hours Public Parks and Playgrounds are open to the Public in the City of Brookings, South Dakota. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Ordinance 17-011 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and WendelL Ordinance 17-012. A Public Hearing was held on Ordinance 17-012, an Ordinance amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the Zoning Ordinance. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, that Ordinance 17-012 be approved. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Kidwiler, Bacon, and Wendell; No: 1 — Hansen. Resolution 17-053. A Public Hearing was held on Resolution 17-053, a Resolution Levying Assessment for Project No. 2016-01 SWR, 2016 Sidewalk Repair Sites. A motion was made by Council Member Niemeyer, seconded by Counci! Member Hansen, that Resolution 17-053 be approved. Public Comment: Howard Jorenby. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Resolution 17-053 -A Resolution Levying Assessment for Project No. 2016-01 SWR 2016 Sidewalk Repair Sites Whereas, the City Council has provided for sidewalk repair work to be completed under Project No. 2016-01 SWR, 2016 Sidewalk Repair Sites. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation and authorized by Resolution 16- 045, which deems the work necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project No. 2016-01 SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 2016-Q1SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. 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 9-43, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. 52 Resolution 17-050. A motion was made by Council Member Hansen, seconded by Councif Member Kidwiler, that Resolution 17-050, a Resolution setting forth a schedule of Proposed Fines for Violations ofi the Ordinances of the City of Brookings, South Dakota, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Resolution 17-050 -A Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota. Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by faw for all violations of Ordinances set forth herein. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Costs Total Miscellaneous Offenses 62-180 Hours parks open to the public 60.00 60.00 120.00 Resolution 17-054. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, that Resolution 17-054, a Resolution authorizing the City Manager to Sign an Agreement for Federal Aviation Administration Grant for Airport Paint Striper (Fuel Tax Funds), be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Resolution 17-054 - Resolution Authorizing the City Manager to Sign an Agreement for Federal Aviation Administration Grant for Airport Paint Striper (Fuel Tax Funds) Whereas, the City of Brookings desires funding to purchase a paint striper for the Brookings Regional Airport; and Whereas, The State of South Dakota Department of Transportation Office of Aeronautics has approved the use of allocated fuel tax funds for this project No. AP0005-2017; and Whereas, the Federal Aviation Administration is hereby requested to authorize the project in accordance with the approved state financial assistance agreement. Now, Therefore, Be Resolved, that the City Manager is hereby authorized to sign all documents related to an agreement for an Airport Paint Striper, Federal Aviation Administration Project No AP0005-2017. Council Appointment. A motion was made by Council Member Bacon, seconded by Council Member Wendell, to appoint Hol1y Tilton Byrne to the vacant Gity Council seat, effective 5/9/2017-4/30/2018. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Kidwiler, Bacon, and Wendell; No: 1 — Hansen. Council Introduction of Topics For Future Discussion. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to direct staff to research curbside compost bins or neighborhood compost collection areas. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell. Adiourn. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to adjourn the meeting at 7:12 p.m. The mcstion carried by a unanimous vote. CITY OF BROOKINGS �ya H.t,�o ..�.`,��/�'�� a�°•• • So Keith W. Corbett, Mayor ',y� zN Z: b� =Z �'4 �c • j 0�. a"a� / .�. Sha rnes, City rk