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HomeMy WebLinkAbout2015_10_27 CC PKT - RevisedCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 Vision Statement: "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 27, 2015 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 2015-0732 Action to approve the September 15 and September 22 City Council Minutes. 9/15/2015 Minutes 9/22/2015 Minutes Attachments: 3.C.RES 15-105 Action on Resolution 15-105, a Resolution authorizing Change Order No. 4 (Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013; Muth Electric, Inc. Page 1 City of Brookings October 27, 2015City Council Meeting Agenda ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 3.D.RES 15-106 Action on Resolution 15-106, a Resolution authorizing Change Order No. 5 (Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013; Bowes Construction, Inc. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 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 2015-0745 Downtown Brookings, Inc. Third Quarter Report. 6. Contracts/Change Orders: 6.A.ID 2015-0746 Action on a Consulting Agreement between Dr. Gregory Boardman and the City of Brookings for services. City Attorney Memo Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: 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: 8.A.ID 2015-0733 Public hearing and action on the transfer of an Off-Sale Malt Beverage Alcohol License from Judy Faber, Fireside, Inc., to Jason Parker, Dakota Ram, Inc., DBA Fireside Restaurant, 2515 E. 6th St., Brookings, South Dakota, legal description: Block 12, Telkamp Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.RES 15-104 Public hearing and action on Resolution 15-104, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor License for Dakota Ram Inc., DBA Fireside Page 2 City of Brookings October 27, 2015City Council Meeting Agenda Restaurant, Jason Parker, owner, 2515 E. 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. Resolution Operating Agreement City Council Policy - Liquor Operating Agreement Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.C.RES 15-097 Public hearing and action on Resolution 15-097, a Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project. Resolution Property Owner List Map Attachments: Action: Remove from Table, Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 9/22/15 City Council tabled to a date specific 8.D.RES 15-107 Public hearing and action on Resolution 15-107, a Resolution authorizing the exchange of Real Estate Property Interests. Resolution Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.E.RES 15-103 Public hearing and action on Resolution 15-103, a Resolution approving a Special Assessment for Tree Removal. Resolution Billings Letters to Kneip Letters to Voss Letters to VK Breakdown of Expenses Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 2015-0742 Action on a Preliminary Plat of Lots 26-31, Block 6; Lot 16, Block 7; and Lots 16-19, Block 8, Timberline Addition. Notice Preliminary Plat - October 2015 Preliminary Plat - June 2015 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 3 City of Brookings October 27, 2015City Council Meeting Agenda 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. Executive Session 11.A.ID 2015-0734 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Action: Motion to enter into Executive Session Action: Motion to exit Executive Session 12. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Scott Meyer, Ope Niemeyer, Jael Thorpe Council Staff: Jeffrey W. Weldon, 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. Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community decision makers and other residents. Where these ideas overlap is the future of Brookings. www.engagebrookings.org Page 4 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 2015-0732,Version:1 Action to approve the September 15 and September 22 City Council Minutes. Attachments: September 15 Minutes September 22 Minutes City of Brookings Printed on 10/21/2015Page 1 of 1 powered by Legistar™ Brookings City Council September 15, 2015 (unapproved) The Brookings City Council held a Study Session on Tuesday, September 15, 2015 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Scott Meyer, and Jael Thorpe. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Discussion topics included Community and Campus discussion, Visioning Charrette – City’s Involvement, an update on Incentive Based Parking for On-Premise Parking, and City Council ex-officio reports. Council Member Meyer noted that the City Attorney and City Clerk are working on an ordinance pertaining to Transportation Network Services. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adjourn the meeting at 8:07 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk Brookings City Council September 22, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, September 22, 2015 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe and Scott Meyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon and City Clerk Shari Thornes were also present. Consent Agenda. The Executive Session was removed from the agenda. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to approve the Consent Agenda as amended. The motion carried by the following vote: The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. 3.A. Action to approve the agenda, as amended. 3.B. Action to approve the August 25 and September 8 City Council Minutes. 3.C. Action on appointment to the Traffic Safety Committee: appoint Matt Bartley as Street Dept. Representative (term 9/22/2015-unending). 3.D. Action on Resolution 15-098, a Resolution to declare Street Department Equipment as Surplus Property. Resolution 15-098 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: One (1) 2016 Dually Pickup Box Model F350. 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, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Diversity Potluck Invitation. Members from the Human Rights Committee invited the public and City Council to attend the Diversity Potluck on October 4, 2015 at the McCrory Gardens Visitor Center, 5:00 p.m. to 7:00 p.m. Creativity Week Invitation. The City Council and public were invited to attend Creativity Week events, September 25-October 3, 2015. Resolution 15-099. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Resolution 15-099, a Resolution awarding Snow Removal Equipment Contracts, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-099 - Resolution Awarding Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, September 15, 2015 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: Three (3) Motorgraders with Wings: Only two bids were received. VJ Ahlers Excavating Inc, Champion 730A, $150.00/hr; Bowes Construction, 140H, $165.00/hr. One (1) 3- to 6-Yard Loader: Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr; VJ Ahlers, JD624, 3.5 cubic yards, $150.00/hr; Bowes Construction, 966 CAT, 5 cubic yards, $220.00/hr. Four (4) Loaders with Reversible Blades: Only three bids were received. Bowes Construction, 950 CAT, $185.00/hr; Concrete Contractors Inc, two WA250’s, $185.00/hr each. Eight (8) End-Dump Trucks: VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr; Winter Inc, #28, 23.34 cubic yards, $120.00/hr; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr; Bowes Construction, two trucks, 22.7 cubic yards each, $125.00/hr each; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr; Prussman Contracting Inc, #21, 20.6 cubic yards, $125.00/hr; Prussman Contracting Inc, #23, 19.5 cubic yards, $125.00/hr. Now Therefore, Be It Resolved the following bids be accepted: Three (3) Motorgraders with Wings: Only two bids were received. VJ Ahlers Excavating Inc, Champion 730A, $150.00/hr; Bowes Construction, 140H, $165.00/hr. One (1) 3- to 6-Yard Loader: Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr. Four (4) Loaders with Reversible Blades: Only three bids were received. Bowes Construction, 950 CAT, $185.00/hr; Concrete Contractors Inc, two WA250’s, $185.00/hr each. Eight (8) End-Dump Trucks: VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr; Winter Inc, #28, 23.34 cubic yards, $120.00/hr; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr; Bowes Construction, two trucks, 22.7 cubic yards each, $125.00/hr each; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr. Temporary Liquor License. A public hearing was held on a Temporary Liquor Application for Downtown Brookings, Inc., to host Creativity Week Events at 221 Main Ave. (Brookings Armory Building): The Rock Garden Tour on October 1, 2015, and The Creative Clash Concert on October 2, 2015, A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Niemeyer, Thorpe, and Bacon. Meyer abstained. Ordinance 15-018. Second reading was held on Ordinance 15-018, an Ordinance Amending Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota to include Article VIII, and Pertaining to the Regulation of Food Trucks in the City of Brookings. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to amend Ordinance 15-018 removing Main Avenue as an approved location. The motion carried by the following vote: Yes: 4 - Reed, Corbett, Hansen, and Niemeyer; No: 3 - Thorpe, Meyer, and Bacon. A motion was made by Council Member Hansen, seconded by Council Member Meyer, that Ordinance 15-018 be approved as amended. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-100. A motion was made by Council Member Niemeyer, seconded by Council Member Meyer, that Resolution 15-100, a Resolution setting the fee pertaining to Food Trucks in the City of Brookings, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-100 - Resolution Setting the fee pertaining to Food Trucks in the City of Brookings Whereas, Chapter 26, Article VIII, of the Code of Ordinances for the City of Brookings, provides for the Regulation of Food Trucks in the City of Brookings and requires a permit be obtained; and Whereas, the Food Truck Permit, as per Ordinance 15-018, shall be set by Resolution from time to time by the City Council; and Now, Therefore, Be It Resolved that the City of Brookings sets the license fee pertaining to Food Trucks to $75.00 per calendar year. Ordinance 15-019. Second reading was held on Ordinance 15-019, an Ordinance Amending Chapter 74, of the Code of Ordinances of the City of Brookings, South Dakota to include Division 2, and Pertaining to the Regulation of Temporary Vendor Permits in the City of Brookings. A motion was made by Council Member Meyer, seconded by Council Member Corbett, that Ordinance 15-019 be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-097. A public hearing was held on Resolution 15-097, a Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project. A motion was made by Mayor Reed, seconded by Council Member Meyer, that Resolution 15-097 be tabled to the October 27, 2015 City Council Meeting. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-096. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 15-096, a Resolution Levying Assessment for Project 2014-02STA Main Avenue South & 26th Street South Street Assessment Project, be approved. A motion to amend was made by Mayor Reed, seconded by Council Member Hansen, stating the assessment for Tim Burns totally $85,579.04 (Change Order #4/Schedule B) be a final payment at the end of 5 years. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. On the original motion as amended, the motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-096 - Levying Assessment for Project No. 2014-02STA Main Avenue South & 26th Street South Street Assessment Project Whereas, the City Council has provided for the construction work to be completed under Project No. 2014-04STA, Main Avenue South & 26th Street South Assessment Project. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council 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 No. 2014-02STA is the amount stated in the proposed assessment roll. 2. The assessment for Street Assessment Project No. 2014-02STA is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. For the Prairie Hills Addition, Christie Springs Addition and Christie Heights Addition, the assessment shall be divided into five (5) equal annual installments and the interest shall be zero (0) percent per annum on the unpaid balance of the assessment costs for a maximum period of five (5) years, with interest and penalties applicable to any unpaid or delinquent installments. The first annual payment shall be due December 31, 2015 with subsequent annual payments due on December 31 each year. The assessment for all other assessable properties shall be divided into ten (10) equal annual installments and interest of ten (19) percent per annum shall accrue on the unpaid balance of the assessment. 4. The assessment for Tim Burns totally $85,579.04 (Change Order #4/Schedule B) be a final payment at the end of 5 years. 5. Such assessments, unless paid within thirty (30) days after the statement due date, shall be collected by the City in accordance with the procedure for Plan One in Section to 9-43-102, South Dakota Compiled Laws of 1967, as amended. Financing Plan for 15th St. So. & 7th Ave. So. Project. A motion was made by Mayor Reed, seconded by Council Member Corbett, that the Financing Plan for 15th Street South and 7th Avenue South Project be approved along with an alley gutter improving the drainage channel. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Request for Proposal for purchase of property in Foster Industrial Park. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that the Request for Proposal for Purchase of Property in Foster Industrial Park, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-101. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 15-101, a Resolution authorizing the Execution of the following documents with the Western Area Power Administration: Firm Electric Service Contract No. 15-Ugpr-L000; Firm Electric Service Contract No. 15- Ugpr-130; Interconnection Contract No. 15-Ugpr-2000 and Consolidated Facility Arrangements Contract No. 15-Ugpr-3000, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-101 - Resolution authorizing the Execution of the following documents with the Western Area Power Administration: Firm Electric Service Contract No. 15-Ugpr-L000; Firm Electric Service Contract No. 15-Ugpr-130; Interconnection Contract No. 15-Ugpr-2000 and Consolidated Facility Arrangements Contract No. 15-Ugpr-3000. Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, pursuant to previous action taken, the City of Brookings and Brookings Municipal Utilities (“BMU”) have entered into an agreement and supplements to that agreement to obtain a firm power allocation of federal hydroelectricity from the United States Department of Energy, Western Area Power Administration, Pick-Sloan Missouri Basin Program, Eastern Division, (“Western”) pursuant to a Contract for Firm Electric Service for a term extending through December 31, 2020; and Whereas, the City of Brookings and Western desire to enter into new agreements providing for the continued allocation of federal hydroelectricity; and Whereas, Western has asked the City of Brookings to consider approving a new Contract for Firm Electric Service and its associated exhibits and Agreements, each effective commencing on January 1, 2021 and continuing for a term through December 31, 2050; and Whereas, Western has advanced the contract extension discussions through an open and collaborative public process referred to as the "2021 Power Marketing Initiative" or the 2021 PMI which concluded with the publication in the November 16, 2011 Federal Register of the contract details; and Whereas, BMU has determined that it is in the public interest to enter into this long-term agreement to provide its customers with a reliable, low-cost and environmentally friendly source of power and energy; and Whereas, Richard J. Helsper, attorney for BMU, has reviewed the proposed agreements and has concluded, by written opinion dated September 21, 2015, that the agreements are acceptable for execution; and Whereas, the City Attorney has reviewed the Opinion of Richard J. Helsper and applicable State law, particularly SDCL 9-39-6 and 9-39-22, and has concluded the City of Brookings’ governing board has the authority and right to authorize BMU to enter into these agreements on behalf of the City of Brookings; Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That Firm Electric Service Contract No. 15-UGPR-1000 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented; and B. That BMU's current Firm Electric Service Contract No. 15-UGPR-130 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented; and C. That proposed Interconnection Contract No. 15-UGPR-2000 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented; and D. That Consolidated Facility Arrangements Contract No. 15-UGPR-3000 be signed by Brookings Municipal Utilities, by and through its Executive Vice President and General Manager in the form presented. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adjourn the meeting at 8:15 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor 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 15-105,Version:1 Action on Resolution 15-105, a Resolution authorizing Change Order No. 4 (Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013; Muth Electric, Inc. Summary: This resolution will approve Change Order No. 4 (Final) to the Brookings Runway Re-Alignment Project (Phase 2) for an increase of $2,651.68 to the contract to close out the project. Background: This project is Phase 2 of the Runway Realignment Project consisting of grading for Runway 12/30, base course, surfacing, underdrain, milling, geotextile fabric, pavement markings, and new runway lighting system including runway, taxiway, threshold and other lighting, rotating beacon, lighted signs, and the installation of Federal Aviation Administration owned facilities. This project was funded with grant funds with 90% federal funds, 5% state funds, and the City share is 5%. This change order is to adjust various bid item quantities to reflect the as-constructed quantities and for additional work to hard wire the lighted closing crosses used during the project. The City will withhold $10,000 from the contractor’s final payment until all lien waivers are submitted. The contractor may also need to make slight adjustments to the lighting after the Federal Aviation Administration completes their flight check. The total increase of this change order is $2,651.68, which is summarized as follows: Original Contract Price:$2,330,152.00 Increase from Previously Approved Change Order (No. 1-3):$63,945.95 Contract Price Prior to this Change Order:$2,394,097.95 Increase of this Change Order (No. 4 Final):$2,651.68 Contract Price incorporating this Change Order:$2,396,749.63 Fiscal Impact: There will be an increase of $2,651.68 to the contract to close out the project. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 10/23/2015Page 1 of 1 powered by Legistar™ Resolution 15-105 A Resolution Authorizing Change Order No. 4 (Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3 -46-0005-026-2013; Muth Electric, Inc. Be It Resolved by the City Council that the following change order be allowed for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013, Construction Change Order Number 4, Muth Electric, Inc.: Adjust the contract quantities to as-constructed quantities and for additional work to hard wire the lighted crosses used for the project for a total increase of $2,651.68 to the contract to close out the project. Passed and approved this 27th day of October, 2015. CITY OF BROOKINGS _________________________ Tim Reed, 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 15-106,Version:1 Action on Resolution 15-106, a Resolution authorizing Change Order No. 5 (Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013; Bowes Construction, Inc. Summary: This resolution will approve Change Order No. 5 (Final) to the Brookings Runway Re-Alignment Project (Phase 2) for a decrease of $1,053,681.06 to the contract to close out the project. Background: This project was Phase 2 of the Runway Realignment Project consisting of grading for Runway 12/30, base course, surfacing, underdrain, milling, geotextile fabric, pavement markings, and new runway lighting system including runway, taxiway, threshold and other lighting, rotating beacon, lighted signs, and the installation of Federal Aviation Administration owned facilities. This project was funded with grant funding of 90% federal funds, 5% state funds, and the City match was 5%. This change order will adjust various construction bid quantities to reflect the as-constructed quantities and it also includes clear and grubbing and salvaging and stockpiling excess granular asphalt material for a total decrease of $1,053,681.06 to the contract to close out the project. The primary reason for the decrease was a savings in the percentage of oil used in the asphalt mix according to the mix design. The City will withhold $10,000 from the contractor’s final payment until all lien waivers are submitted. The contractor may also need to make slight adjustments around the lighting after the Federal Aviation Administration completes their flight check. The contract is summarized as follows: Original Contract Price:$8,126,694.65 Increase from Previously Approved Change Order (No. 1-4):$320,777.11 Contract Price Prior to this Change Order:$8,447,471.76 Decrease of this Change Order (No. 5):$1,053,681.06 Contract Price incorporating this Change Order:$7,393,790.70 Fiscal Impact: There will be a reduction of $1,053,681.06 to the contract to close out the project. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 10/23/2015Page 1 of 1 powered by Legistar™ Resolution 15-106 A Resolution Authorizing Change Order No. 5 (Final) for Brookings Runway Re-Alignment Project (Phase 2), AIP #3 -46-0005-026-2013; Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for Brookings Runway Re-Alignment Project (Phase 2), AIP #3-46-0005-026-2013, Construction Change Order Number 5 (Final), Bowes Construction, Inc.: Adjust the contract quantities to as-constructed quantities and for additional work to clear and grub trees and salvage and stockpile granular asphalt material for a total decrease of $1,053,681.06 to the contract to close out the project. Passed and approved this 27th day of October, 2015. CITY OF BROOKINGS _________________________ Tim Reed, 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 2015-0745,Version:1 Downtown Brookings, Inc. Third Quarter Report. Summary: Elliot Johnson, DBI Director, will provide an update to the Mayor and City Council on current and upcoming events. City of Brookings Printed on 10/21/2015Page 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 #:ID 2015-0746,Version:1 Action on a Consulting Agreement between Dr. Gregory Boardman and the City of Brookings for services. Summary: Dr. Gregory Boardman is a Professor of Civil and Environmental Engineering and Director of the Annual Short Courses for Treatment Plant Operators at Virginia Tech. Dr. Boardman is a Fellow of the American Society of Civil Engineers (F.ASCE), licensed as a Professional Engineer (P.E.) in Virginia, and registered as a Diplomate of Environmental Engineering (DEE) with expertise in the areas of water and wastewater engineering. He performs research and teaches courses in the areas of environmental engineering principles, industrial and hazardous waste management, environmental toxicology, and water and wastewater treatment processes. Since joining the Virginia Tech faculty in 1976, Dr. Boardman has served as an engineering consultant to more than 30 agencies and companies, been the principal or co-principal investigator for more than 135 funded research projects, and published more than 160 papers and reports in the environmental area. Recommendation: Staff recommends approval Attachments: City Attorney Memo Agreement City of Brookings Printed on 10/22/2015Page 1 of 1 powered by Legistar™ Memorandum To: Mayor Tim Reed and Council Members, Jeff Weldon, City Manager and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: October 23, 2015 Re: Bel Brands Consulting Agreement with Dr. Boardman Dr. Boardman’s objectives in this Consulting Project are outlined below, and a copy of his Biographical sketch and Consulting Agreement are also provided: My thoughts about working on this project: 1. Preliminary paperwork to understand general information about the industry (e.g., cheese manufacturing and processes) and the specific situation (review available data; industrial processes, flow, wastewater characteristics, operating data); develop listing of information needed for onsite visit; 2 days 2. Onsite visit and conversations with industry management/workers; one day to visit the site and interview industry personnel, and a second day for follow-up conversations (often good to visit a second time which allows for review of information and follow-up questions); I’d also like to meet with other people you think are key; e.g., town engineer, plant operators, people who will perform additional tests, etc.; 2 days 3. Develop recommendations for additional testing and interim report on findings following the trip, and then later to consider and report on the additional data that will be collected; 2 days Thus, I am thinking that a total of 6 days will be needed, so would ask for $15,000 plus expenses to complete the three tasks above. I am attaching a brief biosketch, but will be happy to send a more complete resume, if needed. It may be important to note that I have been the Director of our Annual Short School for Water and Wastewater Operators since 1980, which has given me additional insights into plant operations. Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 _____________________________________________________________ CONSULTING AGREEMENT BETWEEN DR. GREGORY D. BOARDMAN AND THE CITY OF BROOKINGS, SOUTH DAKOTA FOR SERVICES THIS AGREEMENT is entered into as of this day of September, 2015, between the City of Brookings, South Dakota ("City"), and Dr. Gregory D. Boardman, ("Dr. Boardman" and "Consultant"), for water and wastewater consulting services. WHEREAS, the City desires to engage Dr. Boardman to provide water and wastewater consulting services ("Services'") to and for the City; and WHEREAS, Dr. Boardman desires to render these Services as described in SECTION I. Scope of Services. NOW, THEREFORE, the City and Dr. Boardman in consideration of the mutual covenants contained herein, agree as follows: SECTION 1. SCOPE OF SERVICES Dr. Boardman will provide Services consisting of the Scope of Services as outlined on the attached Exhibit "A". SECTION 2. SCOPE OF SERVICES, TERMS AND CONDITIONS OF SERVICES The "Scope of Services, Terms and Conditions for Services," which are attached hereto in Exhibit "A", are incorporated into this Agreement by this reference as fully set forth herein. SECTION 3. RESPONSIBILITIES OF CITY The City shall perform its duties in accordance with this Agreement. SECTION 4. COMPENSATION Compensation for Dr. Boardman's services under this Agreement are as set forth in Exhibit "B". The amount of any sales tax, excise tax, or gross receipts tax that may be imposed on this Agreement shall be added to Dr. Boardman's compensation. SECTION 5. PERIOD OF SER\aCE Upon receipt of written authorization to proceed. Dr. Boardman shall perform the services described in Exhibit "A". 1 SECTION 6. CONFIDENTIALITY Bel Brands desires to protect the confidentiality of their proprietary and other confidential information and the City of Brookings is working cooperatively with Bel Brands to maintain the confidentiality of their infonnation. The City of Brookings will be providing infonnation to Dr. Boardman concerning Bel Brands, some of which may be confidential and/or proprietary. In addition, it is likely that Dr. Boardman may conduct tests, interviews, make observations and obtain documents, all of which concern Bel Brands and which may be proprietary and confidential. Dr. Boardman agrees to use his best efforts to keep confidential and proprietary information secret. Dr. Boardman's reports and documents and findings can be provided to the City of Brookings, and the City of Brookings will assume the responsibility to maintain, to the extent required, the confidentiality of the reports and accompanying data, tests, interviews, observations, documents and findings which Dr. Boardman obtains or receives, and which are submitted to the City of Brookings. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF BROOKINGS, SOUTH DAKOTA, "CITY" (SEAL) By: Tim Reed, Mayor ATTEST: Shari Thomes, City Clerk DR. GREGORY D. BOARDMAN, "DR. BOARDMAN" Dr. Gregory D. Boardman 2 EXHIBIT "A" SCOPE OF SERVICES, TERMS AND CONDITIONS OF SERVICES The City desires to obtain the services of an independent contractor to provide water and wastewater consulting services, and it is therefore mutually agreed that the City retains and Dr. Boardman agrees to provide the following services to the City under the following terms and conditions: 1. Preliminary paperwork to understand general information about the industry (e.g., cheese manufacturing and processes) and the specific situation (review available data; industrial processes, flow, wastewater characteristics, operating data); develop listing of infonnation needed for onsite visit; 2 days 2. Onsite visit and conversations with industry management/workers; one day to visit the site and interview industry personnel, and a second day for follow-up conversations (often good to visit a second time which allows for review of information and follow-up questions); I'd also like to meet with other people you think are key; e.g., town engineer, plant operators, people who will perform additional tests, etc.; 2 days 3. Develop recommendations for additional testing and interim report on findings following the trip, and then later to consider and report on the additional data that will be collected; 2 days Non-exclusive Agreement This agreement is a non-exclusive agreement and either party may contract with other parties. Accordingly, Dr. Boardman can certainly work for any other parties. Entire Agreement This instrument contains the entire agreement between the parties hereto with respect to the subject matter contemplated herein. Invoices Consultant will submit periodic invoices for services rendered and City will make prompt payments in response to Consultant's invoices. Consultant will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by City's auditors upon request. If City disputes any items in Consultant's invoice for any reason, including the lack of supporting documentation. City may temporarily delete the disputed item and pay the remaining amount of the invoice. City will promptly notify Consultant of the dispute and request clarification and/or correction. After any dispute has been settled. Consultant will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. 3 Changes The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. Execution This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between Consultant and City, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 4 EXHIBIT "B" FEE SCHEDULE The following fee schedule is the Fee Schedule for Dr. Boardman. This fee schedule applies to the above-referenced services. Consultant will charge the City $15,000.00 plus expenses to complete the tasks/scope of work above. 5 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 2015-0733,Version:1 Public hearing and action on the transfer of an Off-Sale Malt Beverage Alcohol License from Judy Faber, Fireside, Inc., to Jason Parker, Dakota Ram, Inc., DBA Fireside Restaurant, 2515 E. 6 th St., Brookings, South Dakota, legal description: Block 12, Telkamp Addition. Summary: The City of Brookings has received an application to transfer the Off Sale Malt Beverage Alcohol License from J Judy Faber, Fireside, Inc., to Jason Parker, Dakota Ram, Inc., DBA Fireside Restaurant, 2515 E. 6th St., Brookings, South Dakota. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. This license would be effective until to June 30, 2016 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” Recommendation: Staff recommends approval Attachments: None City of Brookings Printed on 10/22/2015Page 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 15-104,Version:1 Public hearing and action on Resolution 15-104, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Liquor License for Dakota Ram Inc., DBA Fireside Restaurant, Jason Parker, owner, 2515 E. 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. Summary: The City of Brookings received an application to transfer the On-Sale Liquor License from Fireside, Inc., Judy Faber, owner, to Dakota Ram, Inc., DBA Fireside Restaurant, Jason Parker, owner, 2515 E. 6th Street, Brookings, South Dakota, legal description: Block 12, Telkamp Addition. An Operating Agreement is required for Liquor Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year Agreement, effective through 2020. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective until December 31, 2015 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Listed below is specific information related to on-sale alcohol license request and other procedures that are following with an application. City Ordinances: Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1)Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2)The manner in which the business is operated:on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3)The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4)Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5)Other factors: The hours that business is conducted shall be considered by the city council in City of Brookings Printed on 10/21/2015Page 1 of 2 powered by Legistar™ File #:RES 15-104,Version:1 its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Fiscal Impact: None Recommendation: Staff recommends approval Attachments: Resolution Operating Agreement City Council Liquor Operating Agreement Policy City of Brookings Printed on 10/21/2015Page 2 of 2 powered by Legistar™ Resolution 15-104 Dakota Ram, Inc., DBA Fireside Restaurant On-Sale Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Dakota Ram, Inc., DBA Fireside Restaurant, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 2515 E. 6th Street. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 27th day of October, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk LIQUOR OPERATING AGREEMENT Dakota Ram, Inc., DBA Fireside Restaurant 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 Jason Parker, owner, Dakota Ram, Inc., DBA Fireside Restaurant, 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: Block 12, Telkamp Addition City of Brookings, Brookings County, South Dakota 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 a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, 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 1st 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 27th day of October, 2015. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: City Council Policy Liquor Operating Agreements Adopted: August 13, 2001 Reviewed: April 26, 2011 Updated September 24, 2015 (business names) The City of Brookings is the holder of State Liquor Licenses for the sale of alcoholic beverages. The City of Brookings enters into operating agreements with business owners permitting them to sell alcoholic beverages purchased from the City. The City of Brookings established a policy for the consideration of additional operating agreements with the City. The policy establishes the criteria for applying for an available, but un-issued operating agreement. This addition to that policy will clarify the City Council’s policy on the consideration of changes in existing operating agreements. 1. It is not the City’s intention to allow operating agreements to be sold. 2. It is not the City’s intention to have issued operating agreements be unused by the manager. Failure to use the agreement will be grounds for termination by the City. The city manager will report any inactive operating agreements to the City Council to consider the circumstances and for appropriate action. 3. Operating agreements are not assignable or transferable to another person or location by the named manager; only the City Council can assign or transfer an agreement to another person or location. 4. The purchaser of an establishment holding an operating agreement must apply for an assignment of that operating agreement. It is the City’s intent to allow an assignment of an operating agreement to an applicant that passes the “character of the applicant” requirement as a new owner of an existing business in the same location. 5. The owner of an establishment holding an operating agreement must apply for an assignment of that operating agreement if there is a desire to move the business to a different location. It is the City’s intent to allow an assignment of an operating agreement to a new location providing the location is suitable, “second tier criteria” is considered and the business identity is the same as in the initial application. 6. Unless the circumstances are as described in number 4 and 5 above, it is not the City’s intent to allow the assignment of an operating agreement from one business to another or one location to another. In these instances, an application for a new operating agreement is necessary. Policy Establishing Criteria for the Issuance of Additional On-sale Liquor Licenses South Dakota Codified Laws (SDCL) limit the maximum number of on-sale liquor licenses and provides criteria for the issuance of licenses. Maximum Number of on-sale licenses SDCL 35-4-11 provides in part: The number of on-sale licenses issued may not exceed three each for the first one thousand of population or fraction thereof and not exceed one each of such licenses for each additional one thousand five hundred of population or fraction thereof. The quotas established in this section do not apply to malt beverage retailers. SDCL 35-4-1 defines “population” as the number of inhabitants as determined by the last preceding federal census. A 1939 Attorney General Opinion states that “preliminary census bulletins” are official. Criteria for Issuance of Alcoholic Beverage Licenses SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate….The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…..must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages….shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” The City of Brookings is anticipating that the 2000 census will count a population of at least 17,501 people, allowing one additional On-Sale Liquor License. The population may increase by 2,731 which would allow two additional On-Sale Liquor Licenses. Several business people have expressed a desire to obtain an on-sale license when it becomes available. With this knowledge, the City Council of the City of Brookings desires to establish criteria for the issuance of licenses over the current fifteen issued. Currently, the fifteen license holders are: Unrestricted ON-SALE 1. 9Bar On-Sale 2. Brookings Inn On-Sale (Convention) 3. Jim’s Tap On-Sale 4. The Wild Hare On-Sale 5. Pheasant Lounge On-Sale 6. Prairie Lanes, Inc. On-Sale 7. The Ram & O’Hare’s On-Sale 8. Sully’s On-Sale 9. Staurolite Inn & Suites On-Sale (Convention) 10. Danny’s Lounge On-Sale 11. Ray’s Corner On-Sale 12. Cubby’s Sports Bar & Gril On-Sale 13. Applebee’s On-Sale 14. Skinner’s On-Sale 15. Craft On-Sale 16. Old Market On-Sale 17. Pints & Quarts On-Sale 18. Buffalo Wild Wings On-Sale 19. Elks Club Club 20. VFW Club Club SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. Therefore, the City of Brookings hereby establishes a two-tiered process to evaluate on-sale liquor applications. The first tier will assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council will involve the determination of whether the location is suitable, consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. The City will check for compliance with the State requirement that the “character of the applicant” be acceptable. Upon finding evidence that the character of the applicant is acceptable and the location suitable, the City Council will consider second tier criteria. This process can include examining the best location for economic and tourism development, the best ancillary uses (restaurant, etc.) developed with the sale of liquor, the best location in accordance with the city long-range plan, the size of the facility, parking facilities, closeness to existing supplementing businesses and activities deemed important by the City Council. 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 15-097,Version:2 Public hearing and action on Resolution 15-097, a Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project. Summary: City Council Minutes 9/22/2015: Resolution 15-097. A public hearing was held on Resolution 15- 097, a Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project. A motion was made by Mayor Reed, seconded by Council Member Meyer, that Resolution 15-097 be tabled to the October 27, 2015 City Council Meeting. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Background: Resolution 15-097 pertains to the Resolution of Necessity to require sidewalk on undeveloped property on the west side of 22nd Avenue South between 12th Street South and 20th Street South. The Brookings City Council discussed the issue of requiring sidewalks on undeveloped property along the west side of 22nd Avenue South between 12th Street South and 20th Street South at their August 25, 2015 meeting. The discussion pertained to three undeveloped properties on the west side of 22nd Avenue South that do not currently have sidewalks (see attached map). The Brookings City Council directed staff to proceed with holding a public hearing on the Resolution of Determining the Necessity of installing sidewalk on the west side of 22nd Avenue. The property owners of the undeveloped lots were mailed a notice of the public hearing by receipt-certified mail as required. Attachments: Resolution Property List Map City of Brookings Printed on 10/22/2015Page 1 of 1 powered by Legistar™ Resolution 15-097 Resolution Determining the Necessity of Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2016-01SWA Sidewalk Assessment Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2016-01SWR Sidewalk Assessment Project. 2. Such sidewalks shall be to the width and of the materials prescribed by Article V, Sidewalks, of Chapter 74 of the Code Ordinances of the City of Brookings and to the grade and in accordance with the Plans and Specifications prepared in the Office of the City Engineer. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Passed and approved this 22nd day of September, 2015. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 2016-01: Notice to Property Owners Owner Address City,State,Zip Frank Denholm Rev Living Trust 1500 Franklin Ave Brookings, SD 57006 Ronald Borchardt PO Box 144 Brookings, SD 57006 Paul Moriarty Living Trust PO Box 705 Brookings, SD 57006 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 15-107,Version:1 Public hearing and action on Resolution 15-107, a Resolution authorizing the exchange of Real Estate Property Interests. Summary: This resolution will authorize the exchange of Storm Water Drainage Easements on the Replat of Lot 3 in Block 2 of D & D Addition and Lot H-1 of Outlot “A” in the SE ¼ of Section 35-T110N-R50W to the City of Brookings in exchange for Lot H-1 of Outlot “A”, in the SE ¼ of Section 35-T110N-R50W. Background: The City worked with the property owner of Lot 3, Block 2 of D & D Addition regarding acquiring necessary Storm Water Drainage Easements on their property in exchange for Lot H-1 of Outlot “A” in the SE ¼ of Section 35-T110N-R50W, which is adjacent to their property. Both parcels are located on the east side of Main Avenue South as shown on the attached map. The property owner agreed to grant the City the Storm Water Drainage Easements in exchange for Lot H-1 of Outlot “A” in the SE ¼ of Section 35-T110N-R50W. The property owner worked with Steve Britzman, City Attorney, to assure all state statutes were met for this type of exchange. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 10/21/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-107 Resolution Authorizing the Exchange of Real Estate Property Interests Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, for the purpose of acquisition and clarification of drainage and utility easements, the City desires to acquire from Dorenda R. Ohm (“Ohm”), easements to the following described property: Tract 1. The Storm Water Drainage Easement as shown on the Replat of Lot Three (3) in Block Two (2) of D and D Addition to the City of Brookings, County of Brookings, State of South Dakota; and Tract 2. An Easement for Storm Water Drainage and Utility purposes upon Lot H-1 of Outlot “A” in the Southeast Quarter (SE¼) of Section Thirty-five (35), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., to the City of Brookings, County of Brookings, State of South Dakota; and Whereas, the City of Brookings no longer requires the following described property because the City has acquired or is acquiring drainage and utility easements upon this property and therefore proposes to exchange the following described property in exchange for the above-described easements: Tract 3. Lot H-1 of Outlot “A” in the Southeast Quarter (SE¼) of Section Thirty-five (35), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., to the City of Brookings, County of Brookings, State of South Dakota; and Whereas, the City of Brookings has determined the exchange of the above- described property interests for the purposes set forth immediately above is in the best interests of the City of Brookings; Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings acquire easements to Tracts One (1) and Two (2) of the above-described real property from Dorenda R. Ohm; and B. That the City of Brookings convey title to Tract Three (3) to Dorenda R. Ohm in exchange for easements to Tracts One (1) and Two (2); and C. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute a Real Estate Exchange Agreement and other required documents in accordance with this Resolution. Passed and approved on the 27th day of October, 2015. CITY OF BROOKINGS Tim Reed, 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 15-103,Version:1 Public hearing and action on Resolution 15-103, a Resolution approving a Special Assessment for Tree Removal. Summary: The Brookings City Finance Office has attempted to collect these fees without success. Invoices and letters have been sent to each property owner. The notice of the meeting for the approval of these assessments listed in Resolution 15-103 has been published. Once the resolution is approved the assessments will be certified to the Brookings County Finance Office to be collected on their property tax as an assessment. Recommendation: Staff recommends approval Attachments: Resolution Billings Letters to Kneip Letters to Voss Letters to VK Breakdown of Expenses City of Brookings Printed on 10/21/2015Page 1 of 1 powered by Legistar™ Resolution 15-103 Levy Assessment for Tree Removal Whereas, the City Manager has submitted to the City Council Special Assessments against the owner and legal description listed below as hereinafter set out for tree removal. Now Therefore Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32- 12 as follows: David Kneip, 1217 5th St., tree removal/Dutch Elm Disease in the amount of $6,822.14; VK Properties, 1402 6th St. & 1227 5th St., tree removal/Dutch Elm Disease in the amount of $3,930.99; and Todd Voss, 1202 6th St. & 1309 4th St., tree removal/Dutch Elm Disease in the amount of $7,196.90. Passed and approved this 27th day of October, 2015. CITY OF BROOKINGS ________________________ ATTEST: Tim Reed, Mayor ______________________ 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 2015-0742,Version:1 Action on a Preliminary Plat of Lots 26-31, Block 6; Lot 16, Block 7; and Lots 16-19, Block 8, Timberline Addition. Proposal: Design 11 additional lots and more right-of-way for residential development on the west side of the Timberline Addition Background: Two previous preliminary plats have been approved for the “west” portion of Timberline Addition. The first platting phase abutting the original Timberline Addition has seen rapid development and underground utilities have been installed in the second phase. Specifics: A single tier of lots along with an adjoining right-of-way are proposed in this third preliminary phase. The lots are similar in size to other lots in the neighborhood and adjoin these lots in a uniform manner. The street layout accomplishes two important goals. It completes the northern perimeter loop that contains Vail Avenue and Steamboat Trail by reconnecting to Summit Pass via Arapahoe Lane. It also provides a connecting right-of-way to the south into a future 200 acre residential neighborhood. City Engineer Comments: Approval should be contingent upon an approved preliminary drainage plan. Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval of the preliminary plat subject to an approved preliminary drainage plan by the city engineer’s department. Attachments: Notice Preliminary Plat Drawing - October 2015 Preliminary Plat Drawing - June 2015 City of Brookings Printed on 10/21/2015Page 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. S:\Cityhall\Granicus\Legistar5\Packets\951_City Council_10_27_2015\0011_1_Notice.doc NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Sioux Empire Development Corporation has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 26—31, Block 6; Lot 16, Block 7, and Lots 16-19, Block 8, Timberline Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, October 6, 2015, 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. ____________________________ Dan Hanson Planning & Zoning Administrator 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 2015-0734,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) 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; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) 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. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 10/21/2015Page 1 of 1 powered by Legistar™