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HomeMy WebLinkAbout2018_10_09 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, October 9, 2018 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2018-0451 Action to approve the September 25, 2018 City Council Minutes. 9/25/2018 MinutesAttachments: 3.C.RES 18-082 Action on Resolution 18-082, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for the Pheasant Restaurant and Lounge, 726 Main Ave. So., Ron & Georgiana Olson, owners, legal description: Lot 2, Block 2, Grossman Heights Addition. Page 1 City of Brookings October 9, 2018City Council Meeting Agenda - Final Resolution Operating Agreement Attachments: 3.D.RES 18-083 Action on Resolution 18-083, a Resolution Authorizing Revised Change Order No. 1 (Final) for 2018-06STI, Chip Seal Project, Topkote, Inc. ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2018-0458 Love Wins in Brookings Announcement. InvitationAttachments: 6. Contracts/Change Orders: 6.A.RES 18-084 Action on Resolution 18-084, a Resolution Authorizing Change Order No. 1 (Final) for 2018-04SSI, 8th Street & 20th Avenue Drainage Improvement Project, VJ Ahlers Excavating, Inc. Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 18-085 Action to approve Resolution 18-085, a Resolution Authorizing the Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, Highway 14 Project from Main Avenue to Medary Avenue. Resolution Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: None No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 8. Public Hearings and Second Readings: Page 2 City of Brookings October 9, 2018City Council Meeting Agenda - Final 8.A.ORD 18-014 Public Hearing and action on Ordinance 18-014, an ordinance amending the zoning ordinance of the City of Brookings pertaining to the side yard setbacks in the RB-4, B-2, B-2A, and B-3 Districts. Notice 09-04-2018 Planning Commission Minutes Ordinance Marked up Ordinance Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: None 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 3 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0451,Version:1 Action to approve the September 25, 2018 City Council Minutes. Attachments: 9/25/18 Minutes City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ Brookings City Council September 25, 2018 The Brookings City Council held a meeting on Tuesday, September 25, 2018 at 6:00 p.m., at City Hall with the following City Council members present: Deputy Mayor Mary Kidwiler, Council Members Ope Niemeyer, Dan Hansen, Nick Wendell, Patty Bacon, and Holly Tilton Byrne. Acting City Manager Jackie Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Mayor Keith Corbett and City Manager Paul Briseno were absent. 6:00 PM Regular Meeting Consent Agenda. 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 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon and Tilton Byrne. 3.A. Action to approve the agenda. 3.B. Action to approve the September 11, 2018 City Council Minutes. 3.C. Action on Resolution 18-077, a Resolution Authorizing Change Order No. 1 (Final) for 2018-09STI Recreational Trail Overlay Project, Bowes Construction, Inc. Resolution 18-077 Resolution Authorizing Change Order No. 1 (Final) for 2018-09STI Recreational Trail Overlay Project, Bowes Construction, Inc. Be it Resolved by the City Council that the following change order be allowed for 2018- 09STI, Recreational Trail Overlay Project: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for a total decrease of $4,436.58 to the contract to close out the project. Open Forum. Matt Schmidt, 1903 Windermere Way, expressed his gratitude to Mayor Corbett, Council Member Niemeyer, City Manager Briseno and City Engineer Lanning for coordinating the neighborhood meeting on September 12regarding the recent flooding issues. He received a letter in the mail advising the city has expanded the study area. Schmidt asked what area had been expanded and what is the timetable for completion? Lanning thanked everyone for hosting the neighborhood meeting and advised the basin study area has been expanded to include 17th Avenue into Moriarty Park and then easterly down to 20th Street S, so the basin of drainage in that area is included in the drainage study. Banner is scheduled to report back in October. Residents would be notified by letter when the report is ready, so they may attend the City Council Meeting presentation. Presentation on August 2018 Monthly Financial Report. Finance Director Shawna Costello presented on the current 2018 Financials. Resolution 18-080. A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, that Resolution 18-080, a Resolution Awarding Bids on the Snow Removal Equipment Contracts, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Resolution 18-080 - Resolution Awarding Bids on the Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, September 11, 2018 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Four (4) Motorgraders with Wings: Three bids were received. VJ Ahlers Excavating Inc, JD772CH, $200.00/hr.; Bowes Construction, two (2) 140H, $200.00/hr. One (1) 3- to 6-Yard Loader: One bid was received. Bowes Construction, 966H CAT, 5.25 cubic yards, $217.00/hr. Four (4) Loaders with Reversible Blades: Three 3 bids received. Austreim Excavating, 624G, $205.00/hr; Austreim Excavating, 544K, $205.00/hr. Bowes Construction, 950 CAT, $225.00/hr. Ten (10) End-Dump Trucks: Only nine bids were received. VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr.; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #19, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $130.00/hr.; Prussman Contracting Inc, #21, 20.6 cubic yards, $130.00/hr.; Prussman Contracting Inc. #23, 19.5 cubic yards, $130.00/hr. Four (4) Side-Dump Trucks: Two bids were received. V. J. Ahlers Excavating, #6, 36 cubic yards, $145.00/hr.; V. J. Ahlers Excavating, #51, 36 cubic yards, $145.00/hr. Now Therefore, Be It Resolved the following bids be accepted: Four (4) Motorgraders with Wings: Three bids were received. VJ Ahlers Excavating Inc, JD772CH, $200.00/hr.; Bowes Construction, two (2) 140H, $200.00/hr. One (1) 3- to 6-Yard Loader: One bid was received. Bowes Construction, 966H CAT, 5.25 cubic yards, $217.00/hr. Four (4) Loaders with Reversible Blades: Three 3 bids received. Austreim Excavating, 624G, $205.00/hr; Austreim Excavating, 544K, $205.00/hr. Bowes Construction, 950 CAT, $225.00/hr. Ten (10) End-Dump Trucks: Only nine bids were received. VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr.; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #19, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards, $130.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $130.00/hr.; Prussman Contracting Inc, #21, 20.6 cubic yards, $130.00/hr.; Prussman Contracting Inc. #23, 19.5 cubic yards, $130.00/hr. Four (4) Side-Dump Trucks: Two bids were received. V. J. Ahlers Excavating, #6, 36 cubic yards, $145.00/hr.; V. J. Ahlers Excavating, #51, 36 cubic yards, $145.00/hr. Resolution 18-075. A motion was made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, that Resolution 18-075, a Resolution approving the Joint Law Enforcement Agreement between the City of Brookings Police and the South Dakota State University Police, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Resolution 18-075 – Resolution Approving the Joint Law Enforcement Agreement Between the City of Brookings Police and the South Dakota State University Police Whereas, the City of Brookings and South Dakota State University have made updates and revisions to the current Joint Law Enforcement Agreement; and Whereas, the Joint Law Enforcement provides guidelines and instructions to each agency regarding the selection and appointment of officers for the University Police Department, notification of disciplinary actions, state law regarding sworn officer status, jurisdiction, training standards, sharing of case information, discharge rules and rights to appeal, costs, liabilities and insurance perimeters; and Whereas, the City Manager and Chief of Police have recommended approval of the revised Joint Law Enforcement Agreement. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that the revised Joint Law Enforcement Agreement is hereby adopted by the City of Brookings. This revision shall supersede the previous agreement dated March 3, 2010. Ordinance 18-014. An introduction and first reading was held on Ordinance 18-014, an Ordinance amending the zoning ordinance of the City of Brookings pertaining to the side yard setbacks in the RB-4, B-2, B-2A and B-3 Districts. Second Reading: October 9, 2018. Ordinance 18-013. A second reading was held on Ordinance 18-013, an Ordinance authorizing Supplemental Appropriation #2 to the 2018 Budget. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Ordinance 18-013 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Ordinance 18-012. A second reading was held on Ordinance 18-012, an Ordinance Amending Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Permitted Parking in Municipal Parking Lots. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Ordinance 18-012 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Industrial I-1R District Site Plan for 2500 Eastbrook Drive on Lot 1 (Excluding Lot H-1) and Lot 6, Block 2, Insbrook Park Addition (CRC Global Solutions). A public hearing was held on the Industrial I-1R District Site Plan for 2500 Eastbrook Drive on Lot 1 (Excluding Lot H-1) and Lot 6, Block 2, Insbrook Park Addition (CRC Global Solutions). A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the Industrial I-1R District Site Plan for 2500 Eastbrook Drive on Lot 1 (Excluding Lot H-1) and Lot 6, Block 2, Insbrook Park Addition (CRC Global Solutions) be approved with the proposed conditions provided by the Development Review Team. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Resolution 18-079. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 18-079, a Resolution accepting a Conveyance of Real Property in Nelson 5th Addition to the City of Brookings, South Dakota, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Resolution 18-079 – Resolution Accepting A Conveyance of Real Property in Nelson 5th Addition to the City of Brookings, South Dakota WHEREAS, CD Properties has conveyed certain real property to the City of Brookings, South Dakota, consisting of a detention pond and lift station, to be used for public purposes and specifically to provide a sanitary sewer lift station and additional detention for drainage purposes in Nelson 5th Addition, said real property being described as follows:Lot One (1) and Lot Two (2) of Block Two (2) in Nelson 5th Addition to the City of Brookings, County of Brookings, State of South Dakota, and WHEREAS, the City Council recognizes the benefit the community will receive as a result of the conveyance of this real property, NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council that the real property described above is hereby accepted by the City of Brookings, South Dakota. Resolution 18-078. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 18-078, a Resolution Setting Fees for Permitted Parking in Municipal Parking Lots, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, and Tilton Byrne. Resolution 18-078 – Resolution Setting Fees for Permitted Parking in Municipal Parking Lots Whereas the fines, fees, and procedures pertaining to services of the City of Brookings shall be reviewed and revised; and Whereas, the City would like to provide extended parking in designated parking spaces in municipal parking lots by special permit. Now, Therefore, Be It Resolved that the fees for Permitted Parking in Municipal Parking Lots be $100 for a six-month permit and $180 for an annual permit. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 6:42 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-082,Version:1 Action on Resolution 18-082, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 5-year renewal for the Pheasant Restaurant and Lounge, 726 Main Ave. So., Ron & Georgiana Olson, owners, legal description: Lot 2, Block 2, Grossman Heights Addition. Summary: The City of Brookings enters into Liquor Operating Agreements for 10-year increments. The Operating Agreement for The Pheasant Restaurant and Lounge, 726 Main Ave. So., is at the 5-year renewal point. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ Resolution 18-082 The Pheasant Restaurant & Lounge 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 Liquor Operating Management Agreement between the City of Brookings and The Pheasant Restaurant & Lounge, Ron & Georgiana Olson, 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 726 Main Ave. So. 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. Passed and approved this 9th day of October, 2018. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk LIQUOR OPERATING AGREEMENT - Renewal The Pheasant Restaurant & Lounge THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and The Pheasant Restaurant & Lounge, Ron & Georgiana Olson, owner,hereinafter referred to as “Manager.” WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lot 2, Block 2, Grossman Heights Addition. IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for the remaining five (5) years of the ten (10) year agreement, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1 st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this XXth day of October, 2018. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Paul Briseno, City Manager Shari Thornes, City Clerk MANAGER By: By: City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-083,Version:1 Action on Resolution 18-083, a Resolution Authorizing Revised Change Order No. 1 (Final) for 2018- 06STI, Chip Seal Project, Topkote, Inc. Summary: There was a quantity correction to the project and this resolution will approve the revised Change Order No. 1 (Final) for 2018-06STI, Chip Seal Project with Topkote, Inc. for a total decrease of $48,706.61 to the contract to close out the project and will rescind Resolution No. 18-073. Background: This project is the chip seal project for the 2018 Project Area, which is located south of 8 th Street South and east of Medary Avenue. This is an annual project, where the contractor applies oil and city -purchased pea rock chips to the streets. The City then sweeps up the excess chips a few days afterward for re-use or sale. The City Council approved Resolution 18-073 to authorize the final change order on September 11, 2018. However, the contractor discovered there were additional rock tickets they had not submitted for the final payment calculation, resulting in a change of $282.51 from the previous change order. This resolution will approve the Revised Change Order No. 1 (Final) for a total decrease of $48,706.61 and rescind Resolution 18-073. The summary is as follows: Original Contract Price:$259,114.80 Increase from Previously Approved Change Orders:$0.00 Contract Price Prior to this Change Order:$259,114.80 Decrease of this Change Order (No. 1 Final):$48,706.61 Contract Price incorporating this Change Order:$210,408.61 Fiscal Impact: There will be a decrease of $48,706.61 to the contract for this project. Recommendation: Recommend approval of the resolution. Attachments: Resolution City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ Resolution 18-083 Resolution Authorizing Revised Change Order No. 1 (Final) for 2018-06TI Chip Seal Project, Topkote, Inc. Be it Resolved by the City Council that the following change order be allowed for 2018- 06STI, Chip Seal Project: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for a total decrease of $48,706.61 to the contract to close out the project. Resolution 18-073 adopted on September 11, 2018 shall be rescinded. Passed and approved this 9th day of October, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2018-0458,Version:1 Love Wins in Brookings Announcement. Summary: Brookings’ 2018 Municipal Equality Index Score will be presented by the Human Rights Campaign Foundation on Wednesday, October 10, 2018 at the McCrory Gardens Education & Visitor Center, 631 22nd Avenue. 4:30 pm Program 5:00 pm Celebration Reception The 2018 Municipal Equality Index (MEI) score, a critical measure of lesbian, gay, bisexual, transgender and queer (LGBTQ) inclusivity from the Human Rights Campaign, which is the nation’s largest LGBTQ civil rights organization. Hors d’oeuvres & refreshments will be served. Attachments: Invitation City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-084,Version:1 Action on Resolution 18-084, a Resolution Authorizing Change Order No. 1 (Final) for 2018-04SSI, 8 th Street & 20th Avenue Drainage Improvement Project, VJ Ahlers Excavating, Inc. Summary: This resolution will approve Change Order No. 1 (Final) for 2018-04SSI, 8th Street & 20th Avenue Drainage Improvement Project with VJ Ahlers Excavating, Inc. for a total increase of $8,112.50 to the contract to close out the project. Background: The 8th Street and 20th Avenue Drainage Improvement Project is located north of 6th Street and east of Jackrabbit Avenue (previously 16th Avenue) as shown on the attached map. The drainage project was designed by Banner Associates and included new storm sewer pipe and inlets, gravel, asphalt pavement, curb ramps, and miscellaneous work. The project has been completed and is ready to be closed out. This change order will adjust plan quantities to current as-constructed quantities for a total increase of $8,112.50 to the contract to close out the project and the increase will be covered by the drainage fund. The increased cost was due to changing the storm sewer layout to avoid existing utility lines and to adjust plan quantities to as-constructed quantities. The summary is as follows: Original Contract Price:$181,893.33 Increase from Previously Approved Change Orders:$0.00 Contract Price Prior to this Change Order:$181,893.33 Increase of this Change Order (No. 1 Final):$8,112.50 Contract Price incorporating this Change Order:$190,005.83 Fiscal Impact: There will be an increase of $8,112.50 to the contract to close out the project. Recommendation: Recommend approval of the change order. Attachments: Resolution Map City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ Resolution 18-084 Resolution Authorizing Change Order No. 1 (Final) for 2018-04SSI, 8 th Street & 20th Avenue Drainage Improvement Project, VJ Ahlers Excavating, Inc. Be it Resolved by the City Council that the following change order be allowed for 2018- 04SSI, 8th Street & 20th Avenue Drainage Improvement Project: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities and for additional storm sewer work for a total increase of $8,112.50 to the contract to close out the project. Passed and approved this 9th day of October, 2018. CITY OF BROOKINGS ________________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 8T H ST 8 T H ST 20TH AVE20TH AVE6 T H S T 6 T H S T City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 18-085,Version:1 Action to approve Resolution 18-085, a Resolution Authorizing the Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, Highway 14 Project from Main Avenue to Medary Avenue. Summary: This resolution will authorize the Mayor to sign the “State of South Dakota Joint Powers Maintenance, Encroachment, and Financial Agreement Between Department of Transportation and City of Brookings” for Project P-PH 0014(179)419 PCN 027B, US Highway 14 Project from Main Avenue to Medary Avenue. Background: The State of South Dakota Department of Transportation (SDDOT), is designing US Highway 14 Project from Main Avenue to Medary Avenue. The SDDOT has prepared the attached agreement between the State of South Dakota and the City of Brookings. The agreement includes additional costs for work the City requested to be added to the project, which are: $43,861.36 for storm sewer on 9th Avenue, $124,049.34 for upgraded storm sewer between Main Avenue and 6th Avenue and $369,382.86 for the decorative lighting upcharge. The details of the financial responsibilities are outlined in the agreement. This resolution will authorize the Mayor to sign the agreement for the project. Fiscal Impact: The City will be responsible for the participating costs that are outlined in the agreement. Recommendation: Staff recommends approval of the Resolution. Attachments: Resolution Agreement City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ Resolution 18-085 A Resolution Authorizing the Mayor to Sign an Agreement for Project P-PH 0014(179)419 PCN 027B, US Highway 14 Project from Main Avenue to Medary Avenue Whereas, the Brookings City Council desires the construction improvement of 6th Street from Main Avenue to Medary Avenue in Brookings, SD; and Whereas, the City of Brookings desires the State of South Dakota Department of Transportation to upgrade the storm sewer and install decorative lighting; and Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in the “State of South Dakota Joint Powers Maintenance, Encroachment and Financial Agreement Between Department of Transportation and City of Brookings. NOW THEREFORE, be it resolved that the Mayor of the City of Brookings is authorized to sign the “State of South Dakota Joint Powers Maintenance, Encroachment and Financial Agreement Between Department of Transportation and City of Brookings.” Dated this 9th day of October, 2018. CITY OF BROOKINGS _________________________ Keith Corbett, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 18-014,Version:2 Public Hearing and action on Ordinance 18-014, an ordinance amending the zoning ordinance of the City of Brookings pertaining to the side yard setbacks in the RB-4, B-2, B-2A, and B-3 Districts. Summary: The City of Brookings is seeking an amendment to the zoning ordinance to change the side yard setback from zero (0) feet to five (5) feet in the RB-4, B-2, B-2A, and B-3 Districts to align with the building code and landscape ordinance. Background: The building code requires a minimum five (5) foot side yard setback or ten (10) feet between structures. If structures are closer than five (5) feet to the property line, fire rated construction materials are required. In addition, the recently adopted landscaping ordinance requires a five (5) foot side landscape area. This amendment will provide consistency between the side yard setback, building code, and landscape regulations. A five (5) foot side yard setback will also allow a reasonable distance for building maintenance. The B-1 District will remain as a zero foot setback district. In addition, buffer yards between business and residential districts will be unchanged by this proposed amendment. Staff Recommendation: Staff recommends approval of the zoning ordinance amendment. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the zoning ordinance amendment. Attachments: Notice 09-04-2018 Planning Commission Minutes Ordinance Marked-Up Ordinance City of Brookings Printed on 10/3/2018Page 1 of 1 powered by Legistar™ If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to side yard setbacks in the RB-4 Neighborhood Business District, Business B-2 District, Business B-2A Office District, and Business B-3 Heavy District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 4, 2018, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of August, 2018. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota September 4, 2018 OFFICIAL MINUTES Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order on Tuesday, September 4, 2018, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Gregg Jorgenson, Charles Siver, Kristi Tornquist, Eric Rasmussen, and Fargen. Absent were James Drew, Alan Johnson and Leeann Pierce. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Eponymous Brewer Owner Sean Weber, CRC Special Projects Manager Tom Lombard, and others. Item #4c – The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to side yard setbacks in the RB-4 Neighborhood Business District, Business B-2 District, Business B-2A Office District, and Business B-3 Heavy District. (Siver/Tornquist) Motion to approve the amendments to Chapter 94. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4c– Currently there is a zero foot side yard setback in some of the business districts and the RB-4 district. Building Code requires a 5 foot side yard setback or 10 feet between structures. In addition, the landscape ordinance requires a 5 foot side yard landscape area in the business districts. This amendment will create consistency between the side yard setback, building code and landscape regulations. Additionally, it allows a reasonable distance to complete building maintenance. ORDINANCE NO. 18-014 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to side yard setbacks for RB-4, B-2, B-2A, and B-3 Districts for the purposes of administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, be amended with the minimum side yard setbacks as follows: I. Section 1. RB-4 Sec. 94-130 (f). – (f)Commercial uses minimum side yard 5’ **** II. Section 2. B-2 Sec. 94-132 (f). – (f)Commercial uses minimum side yard 5’ * III. Section 3. B-2A Sec. 94-133 (f). – (f)All uses minimum side yard 5’ * IV. Section 4. B-3 Sec. 94-134 (f). – (f)All uses minimum side yard 5’ * V. Any and all ordinances in conflict herewith are hereby repealed. FIRST READING:September 25, 2018 SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA ___________________________________ Mayor ATTEST: ________________________ City Clerk Sec. 94-130. - RB-4 neighborhood business district. (f) Density, area, yard and height regulations.The RB-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 5,000 50 feet 20 feet 5’ ****30 feet 35 feet Residential uses Single-family dwelling 6,000 50 feet 20 feet 7 feet 25 feet 35 feet Two dwelling units 8,400 65 feet 20 feet 7 feet 25 feet 35 feet Single-family attached 0 feet side yard 2 units 9,600 75 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 3 units 12,000 90 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 4 units 14,000 105 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet Apts., condominiums, townhouses* (3 or more units) 1,815** 10,000 75 feet 20 feet 7 feet*** 25 feet 45 feet Other allowable uses 6,000 50 feet 20 feet 7 feet*** 25 feet 45 feet * Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. ** A maximum of 24 dwelling units per acre shall be allowed. *** The side yard will be required to be increased to ten feet if the building is three or more stories in height. **** A twenty-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Sec. 94-132. - Business B-2 district. (f) Density, area, yard and height regulations.The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5’ *20 feet* 45 feet Other allowable uses 15,000 100 feet 25 feet 7 feet** 20 feet 45 feet *A 40-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. Sec. 94-133. - Business B-2A office district. (f) Density, area, yard and height regulations.The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet 5’*20 feet* 35 feet *A 25-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Sec. 94-134. - Business B-3 heavy district. (f) Density, area, yard and height regulations.The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5’*20 feet* 45 feet * A 50-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use.