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HomeMy WebLinkAbout2010_01_12 CC PKTCity Council Packet January 12, 2010 Brookings City Council Tuesday, January 12, 2010 City Hall Council Chambers 311 Third Avenue 6:00 p.m. – Regular Meeting Mission Statement: 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 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council attendance. 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action on appointments to the Brookings 2010 Census Complete Count Committee. C. Action on Resolution No. 01-10, a Resolution authorizing a Maintenance and Encroachment Agreement for Projects PH 0295(341) PCN 01QK and P 0014(161)422 PCN 01QL. D. Action on Resolution No. 02-10, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2008-02STA (15th Street South, Christine Avenue and Camelot Drive Utility, Grading and Curb & Gutter Project). E. Action on Resolution No. 03-10, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2009-02STA (15th Street South, Christine Avenue and Camelot Drive Asphalt Paving Project). F. Action on Resolution No. 04-10, a Resolution rescinding Resolution No. 109-09 and pertaining to the annexation of property in the city of Brookings. 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. Presentations, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. Informational Contract Awards/Change Orders: 7. Action on Resolution No. 05-10, a Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2009-01SWR Sidewalk and Curb & Gutter Replacement Project, Concrete Contractors, Inc., Brookings, SD. City Manager Introduction Motion to approve, Request Public Comment, Roll Call 8. Action on Resolution No. 06-10, a Resolution Authorizing Change Order No. 1 (CCO#1 Final) for Brookings Roof Replacement Project, BHI Construction, Inc., Sioux Falls, SD. City Manager Introduction Motion to approve, Request Public Comment, Roll Call 1 City Council Packet January 12, 2010 Ordinance First Readings: ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Second Readings/Public Hearings 9. Public Hearing and action on Resolution No. 07-10, a Resolution levying an assessment for Street Assessment Project No. 2009-04STA (East/West Alley from 11th Avenue to 12th Avenue between 1st Street and 2nd Street). City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 10. Ordinance No. 33-09: An Ordinance pertaining to an application for a Conditional Use for a major home occupation (manual press operation) within the City of Brookings at the South 100 feet of Lots 13 and 14, Block 5, Parkdale Home Addition, 102 West 8th Street. City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 11. Ordinance No. 34-09: An Ordinance to Change the Zoning Within the City of Brookings at Lot 18, Block 1, Nelson Second Addition be and the same is hereby rezoned and reclassified from a Residence RMH District to a Residence R-1A District, 1623 Medary Avenue South. City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 12. Ordinance No. 35-09: An Ordinance pertaining to an application for a Conditional Use for a major home occupation (weight loss service) within the City of Brookings at Lot 13, Block 6, Brookdale Addition, 1708 Victory Street. City Manager Introduction Open & Close Public Hearing Motion to approve – Roll Call 13. Adjourn. Brookings City Council Tim Reed, Mayor Mike Bartley, Deputy Mayor & Council Member Tom Bezdichek, Council Member John Kubal, Council Member Mike McClemans, Council Member Jael Thorpe, Council Member Julie Whaley, Council Member 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 @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm. The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. 2 City Council Packet January 12, 2010 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items:* A. Action to approve the agenda. B. Action on appointments to the Brookings 2010 Census Complete Count Committee. C. Action on Resolution No. 01-10, a Resolution authorizing a Maintenance and Encroachment Agreement for Projects PH 0295(341) PCN 01QK and P 0014(161)422 PCN 01QL. D. Action on Resolution No. 02-10, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2008- 02STA (15th Street South, Christine Avenue and Camelot Drive Utility, Grading and Curb & Gutter Project). E. Action on Resolution No. 03-10, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2009- 02STA (15th Street South, Christine Avenue and Camelot Drive Asphalt Paving Project). F. Action on Resolution No. 04-10, a Resolution rescinding Resolution No. 109-09 and pertaining to the annexation of property in the city of Brookings. *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. Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 3 City Council Packet January 12, 2010 CONSENT AGENDA #4 B. Action on appointments to the 2010 Census Complete Count Committee. Pursuant to enclosed Resolution No. 08-09, the City of Brookings is appointing the following volunteers to serve on an ad hoc Brookings Complete Count Committee. The purpose of the Committee will be to develop a community-specific 2010 Census awareness campaign, provide leadership in the promotion of the 2010 Census, and commit to ensuring that every resident in our community is counted. Members will serve through the completion of the 2010 census. Membership: Due regard given to the following areas of representation: 1. Tim Reed, Mayor (Local Government) 2. PENDING - County Commissioner (Local Government) * 3. Mike Struck, Community Development Director (Local Government) 4. Bob Hill, County Planning (Local Government) 5. Kara Beers, Dept. of Social Services (State Government) 6. Marysz Rames, SDSU Vice President for Student Affairs (Higher Learning) 7. Matt Tollfeson, SDSU Senate (Higher Learning) 8. PENDING - SDSU Senate (Higher Learning)* 9. PENDING – (Brookings School System)* 10. Joyce Hodges (Senior Citizens) 11. PENDING – (Business/Industry)* 12. Pastor Pam Fitzgerald (Faith Based) 13. Cyndy Boesch (Citizens at large) 14. Cami Powers (Media) Please note that the four appointments pending at the time of printing will be finalized by the time of the meeting. Resolution No. 08-09 A Resolution Establishing the Committee Count Committee for the 2010 Census for the City of Brookings, South Dakota Whereas, the United States will conduct a complete census of its population during the 2010 Census; and Whereas, the City of Brookings has a vested interest in achieving a complete and accurate count of its population during the 2010 Census; and Whereas, specific interests include increased Federal funds appropriations, accurate local statistical data for retail attraction, and accurate data for community housing needs; and Whereas, some segments of the population are at risk for undercounting in the census; and Whereas, the input and support of individuals and organizations actively engaged with groups at risk for undercounting in the City of Brookings is necessary to achieve a complete count; and 4 City Council Packet January 12, 2010 Whereas, a Complete Count Committee would bring together individuals from throughout the city committed to achieving a complete census count. Now, Therefore, Be it Resolved, that the City Council of the Brookings, South Dakota, hereby establishes the Brookings Complete Count Committee to plan and implement strategies for achieving a complete count of Brookings city residents in the year 2010 United States Census, including those residents at-risk for undercounting. Purpose Statement/Goals: 1) Develop a community-specific 2010 Census awareness campaign. 2) Provide leadership in the promotion of the 2010 Census. 3) Commit to ensuring that every resident in our community is counted. Membership: Due regard given to the following areas of representation: Local Government (Brookings City Council & Brookings County Commission, City and County Planning Departments), State Government (Social Services, Vocational Rehabilitation), Higher Learning (South Dakota State University: Administration, Student Senate, Diversity Office), Brookings School System, Senior Citizens, Business/Industry, Faith-Based Groups (Ministerial Association, Habitat for Humanity), Tribal Government, Citizens at large, and the Media. Residency: Each member of the Complete Count Committee shall be a resident of the City of Brookings. Meetings: The Brookings Complete Count Committee will meet at least monthly from the committee inspection through May 2010 with the staff support of the City Manager’s Office and Community Development Director. Quorum. A majority of the members of the Committee shall constitute a quorum for the transaction of its business. Coordination: The Brookings Complete Count Committee will coordinate its activities with representatives from the U.S. Census Bureau’s Denver Regional Office and with Brookings County Planning Zoning Officials. Now, therefore, be it resolved, that the City of Brooking duly authorizes the creation of a Complete Count Committee for the 2010 Census and the appointment of members with regard to areas of representation listed above. Passed and approved this 10th day of February 2009. CITY OF BROOKINGS ____________________________ Scott Munsterman, Mayor ATTEST: _______________________ Shari Thornes, City Clerk 5 City Council Packet January 12, 2010 CONSENT AGENDA #4 C. Action on Resolution No. 01-10, a Resolution authorizing a Maintenance and Encroachment Agreement for Projects PH 0295(341) PCN 01QK and P 0014(161)422 PCN 01QL. The South Dakota Department of Transportation is proceeding with a new traffic signal project for 6th Street. New traffic signals will be constructed at the intersection of 6th Street and the northbound ramps of I-29 and at the intersection of 6th Street and 32nd Avenue. The project is anticipated to be let for bids on January 20, 2010 and the anticipated completion date is to be August 13, 2010. This is a SDDOT project, where they design, pay for, and administer the project. The signal project will be independent of the City’s street reconstruction project for 34th Avenue from 6th Street to Prince Drive which is scheduled for 2010. Even though the City of Brookings does not regulate the 6th Street right-of-way, the City is required to comply with the SDDOT encroachment regulations and maintenance standards. The requirements are outlined in the attached Maintenance and Encroachment Agreement. This resolution will authorize the Mayor to sign the State of South Dakota Maintenance and Encroachment Agreement between the Department of Transportation and the City of Brookings. Resolution No. 01-10 Maintenance and Encroachment Agreement for South Dakota Federal Aid Construction Project Number PH 0295(341) PCN 01Q and Construction Project Number P0014(161)422 PCN 01QL Whereas, the City of Brookings is desirous in construction of the projects for traffic signals at the northbound ramps of I29/US14 and on US14 at its intersection with 32nd Avenue by the State of South Dakota Department of Transportation; and Whereas, the City of Brookings is desirous in entering into a Maintenance and Encroachment Agreement between the Department of Transportation and the City of Brookings; and Therefore, Be It Resolved that the City of Brooking duly authorizes the Mayor of the City of Brooking to sign all documents for the Maintenance and Encroachment Agreement between the Department of Transportation and the City of Brookings. This resolution is effective immediately upon passage. Passed and approved this 12th day of January 2010. CITY OF BROOKINGS _________________________ ATTEST: Tim Reed, Mayor _______________________ Shari Thornes, City Clerk 6 City Council Packet January 12, 2010 CONSENT AGENDA #4 D. Action on Resolution No. 02-10, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2008-02STA (15th Street South, Christine Avenue and Camelot Drive Utility, Grading and Curb & Gutter Project). The Brookings City Council approved Resolution of Necessity No. 32-07 on May 8, 2007, authorizing the City to proceed with bidding for this street assessment project. This project included construction of water main, sanitary sewer main, storm sewer, grading, gravel, and curb and gutter for 15th Street South, approximately 700’ East of Medary, Christine Avenue from 15th Street South to the North approximately 300’ and Camelot Drive from 15th Street South to the North approximately 900’. These streets are located adjacent to the new Camelot Intermediate School site. This project is an assessment project with most of the project costs being assessed to the abutting property owners. The City will pay for the extra width and thickness costs for 15th Street South, as well as frontage along the west side of Camelot Drive adjacent to the City park. This project has been closed out and is going through the assessment process. This resolution will set the public hearing date for the project, which will be January 26, 2010. Resolution No. 32-07 included the estimated front foot cost of $114.00 as well as stipulating the assessment can be paid over a 10-year period at 10% interest. The actual assessed front foot cost for this street project will be $85.38 which is the actual construction costs plus the 6% engineering and administration fee. In addition to the front foot cost, some property owners will have additional costs such as intersection costs and the Brookings School District will pay for the extra costs to widen the streets for the student drop-off zones. The engineering office will mail a hearing notice and the actual cost of the street project by receipt first class mail to each owner on the project as required by State law. There will be one final resolution to levy the street assessment after the public hearing. 15 City Council Packet January 12, 2010 Resolution No. 02-10 Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2008-02STA (15th Street South, Christine Avenue, and Camelot Drive Utility, Grading, and Curb & Gutter Project) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Street Assessment Project No. 2008-02STA having been filed in the office of the City Clerk on the 4th day of January, 2010, the City Council shall meet in the Council Chambers, City Hall, in said City on Tuesday, the 26th day of January, 2010 at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Street Assessment Project No. 2008-02STA, the date of filing the assessment roll, the time and place of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization at least one (1) week prior to the date set for said hearing. Passed and approved this 12th day of January, 2010. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: _______________________________ Shari Thornes, City Clerk 16 City Council Packet January 12, 2010 CONSENT AGENDA #4 E. Action on Resolution No. 03-10, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2009-02STA (15th Street South, Christine Avenue and Camelot Drive Asphalt Paving Project). This project is a street assessment project that entails minor gravel shaping and asphalt paving for 15th Street South, approximately 700’ East of Medary Avenue, Christine Avenue from 15th Street South to the North approximately 300’ and Camelot Drive from 15th Street South to the North approximately 900’. These streets are located adjacent to the new Camelot Intermediate School site. The City Council approved Resolution No. 27-09, which authorized the City to proceed with the assessment project. The majority of the project costs will be assessed and the City will also pay for the extra width and thickness costs for 15th Street South, as well as an assessment cost for City frontage abutting City park on the west side of Camelot Drive. This project has been closed out and is going through the assessment process. This resolution will set the public hearing date for the project, which will be January 26, 2010. Resolution No. 27-09 included the estimated front foot cost of $40.00 as well as stipulating that the assessment can be paid over a 10-year period at 10% interest. The actual assessed front foot cost for this street project will be $24.23 which is the actual construction costs plus the 6% engineering and administration fee. In addition to the front foot cost, some property owners will have additional costs such as intersection costs and the Brookings School District will pay for the extra costs to widen the streets for the student drop-off zones. The engineering office will mail a hearing notice and the actual cost of street project by receipt first class mail to each owner on the project as required by State law. There will be one final resolution to levy the street assessment after the public hearing. 17 City Council Packet January 12, 2010 Resolution No. 03-10 Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2009-02STA (15th Street South, Christine Avenue, and Camelot Drive Asphalt Paving Project) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Street Assessment Project No. 2009-02STA having been filed in the office of the City Clerk on the 4th day of January, 2010, the City Council shall meet in the Council Chambers, City Hall, in said City on Tuesday, the 26th day of January, 2010 at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Street Assessment Project No. 2009-02STA, the date of filing the assessment roll, the time and place of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization at least one (1) week prior to the date set for said hearing. Passed and approved this 12th day of January, 2010. CITY OF BROOKINGS __________________________________ Tim Reed, Mayor ATTEST: ______________________________ Shari Thornes, City Clerk 18 City Council Packet January 12, 2010 CONSENT AGENDA #4 F. Action on Resolution No. 04-10, a Resolution rescinding Resolution No. 109-09 and pertaining to the annexation of property in the city of Brookings. Resolution No. 109-09 was adopted by the City Council on October 27, 2009. In December, Mr. Dean Christie, owner of the land annexed by Resolution No. 109-09, came to City Hall and advised that he had entered into a contract to sell his land to another party earlier in 2009 but the actual transfer of the ownership of the land would not take place until April 1, 2010. He indicated that he had not sought to annex his land. A review of the file indicated the future owners, and not Mr. Christie, had erroneously signed a “Petition to Annex” which is required to be signed by the owners of not less than 3/4ths of the value of said land as stated in SDCL 9-4-1. Therefore, the petition was not legal. This rescission will render the City Council’s action of October 27, 2009 null and void. A Petition to Annex, signed properly, is expected later this year on this same parcel. Resolution No. 109-09 WHEREAS, The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three- fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory, and WHEREAS, The City of Brookings desires to annex the following described property, to wit: The north 1,580 feet of the east ½ of the NW ¼ of Section 2-T109N-R50W, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B of the NW ¼ of Section 2-T109N-R50W , and WHEREAS, The aforesaid land is contiguous to the present boundaries of the City of Brookings, and WHEREAS The City of Brookings has received a Petition For Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less than three-fourths (3/4) of the legal voters residing in said territory, now therefore BE IT RESOLVED By the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Dated this 27th day of October, 2009. CITY OF BROOKINGS ___________________________ ATTEST: Tim Reed, Mayor ________________________ Shari Thornes, City Clerk 19 City Council Packet January 12, 2010 Resolution No. 04-10 Resolution Rescinding Resolution No. 109-09 and Pertaining to the Annexation of Property in the City of Brookings. Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, Resolution No. 109-09 concerns the annexation of property to the City of Brookings, and Whereas, it has been determined that the Petition for annexation was not signed by the owners of at least three-fourths of the value of the territory sought to be annexed, and Whereas, State law, particularly SDCL 9-4-1, requires that the Petition for annexation be signed by the owners of at least three-fourths of the value of the territory sought to be annexed, Now, Therefore, based upon the foregoing determination, it is appropriate and necessary to rescind Resolution No. 109-09, and accordingly, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, that, upon passage and publication of this Resolution, that Resolution No. 109-09 is hereby rescinded and of no force or effect. Passed and approved on the 12th day of January, 2010. CITY OF BROOKINGS ATTEST Tim Reed, Mayor Shari L. Thornes, City Clerk 20 City Council Packet January 12, 2010 Presentations/Reports/Special Requests 5. Invitation for a Citizen to schedule time on the Council Agenda for an issue not listed. 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. 6. SDSU Student Senate Report. President – Matt Tollefson Vice-President – Michael Kendall Administrative Assistant – Brandon Bausch Finance Chair – Ashley Dumke State & Local Chair – Catherine Grandorff http://studentorgs.sdstate.org/studentsassociation/Default.htm 22 City Council Packet January 12, 2010 Contract Awards/Change Orders: 7. Action on Resolution No. 05-10, a Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2009-01SWR Sidewalk and Curb & Gutter Replacement Project, Concrete Contractors, Inc., Brookings, SD. This project entailed construction of miscellaneous concrete work in the 2009 sidewalk area. This project included repair of curb and gutter, fillets, valley gutters, curb ramps, and homeowner trip hazard sidewalks. Also included with this project was curb repair on 4th and 5th Streets between 3rd Avenue and 5th Avenue in preparation for the asphalt overlay project. This project also included new sidewalk along the detention pond lots in Timberline Addition as well as accessible ramps and sidewalk improvements in Camelot Park. There will be a forthcoming public hearing to begin the assessment process for the homeowner trip-hazard sidewalks, and the cost will be billed to the homeowners at the completion of the project. This project has been completed and is ready to be closed out. The final costs are as follows: Original Contract Price: $65,630.00 Change from Previously Approved Change Orders: $0.00 Contract Price prior to this Change Order: $65,630.00 Decrease of this Change Order (No. 1 Final): $3,808.30 Contract Price incorporating this Change Order: $61,821.70 After approval of this resolution, the City will proceed with the assessment process for the trip-hazard replacement sidewalks. This resolution will approve Change Order No. 1 (CCO #1 Final) for a decrease of $3,808.30 to the contract amount and it will close out the project. The project was completed by the completion date and no adjustment to the contract time is needed. City Manager Introduction ACTION: Motion to approve, Request Public Comment, Roll Call CITY MANAGER RECOMMENDATION - Approve 23 City Council Packet January 12, 2010 Resolution No. 05-10 A Resolution Authorizing Final Change Order (CCO#1 Final) For 2009-01SWR Sidewalk and Curb & Gutter Project Concrete Contractors, Inc. Be It Resolved by the City Council that the following change order be allowed for 2009-01SWR Sidewalk and Curb & Gutter Project: Construction Change Order Number 1 Final Adjust estimated bid quantities to final “as build” quantities for a total decrease of $3,808.30 to close out the project. Passed and approved this 12th day of January 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 24 City Council Packet January 12, 2010 Contract Awards/Change Orders: 8. Action on Resolution No. 06-10, a Resolution Authorizing Change Order No. 1 (CCO#1 Final) for Brookings Roof Replacement Project, BHI Construction, Inc., Sioux Falls, SD. The Brookings Roof Replacement Project entailed replacement of a portion of the roof material over the fire truck bay at City Hall, which included removal and replacement of the EDPM membrane. The project also entailed replacement of the roof material for the East Fire Station, which included removal of the ballast and membrane, replacement of the membrane and reuse of the ballast and new aluminum soffit panels over the wooden soffit. The bid packages included a price per square foot for replacement of deteriorated or wet expanded polystyrene insulation material. The project has been completed and is ready to be closed out. The contractor offered a decrease of $741.00 to install standard EPDM membrane instead of the reinforced membrane because the specified 45-mil membrane could not be installed on a ballast roof according to the manufacturer’s warranty. In addition, a large amount of wet expanded polystyrene insulation was found under the City Hall roofing membrane and needed replacement. We anticipated there would be some insulation replacement needed; however, the amount was unknown until the roofing material was removed. The contract included a price of $1.90 per square foot and the amount removed was 1,008 square feet which was an increase of $8,618.40. The total increase to the project cost was $7,877.40 with the total project costs as follows: Original Contract Price: $40,944.00 Change from Previously Approved Change Orders: $0.00 Contract Price Prior to this Change Order: $40,944.00 Increase of this Change Order (No. 1 Final): $7,877.40 Contract Price incorporating this Change Order: $48,821.40 The City’s budget for the roof project was $49,700.00. Even though the final cost exceeded the contract amount, it was still within the budgeted amount for this project. This resolution will approve Change Order No. 1 (CCO #1 Final) for an increase of $7,877.40 to the contract amount and it will close out the project. The project was completed by the completion date and no adjustment to the contract time is needed. City Manager Introduction ACTION: Motion to approve, Request Public Comment, Roll Call CITY MANAGER RECOMMENDATION - Approve 25 City Council Packet January 12, 2010 Resolution No. 06-10 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) For Brookings Roof Replacement Project BHI Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for the Brookings Roof Replacement Project: Construction Change Order Number 1 (Final) Decrease of $741.00 to install standard EPDM membrane instead of reinforced membrane because the specified 45-mil membrane cannot be installed in a ballast roof and Increase of $8,618.40 due to the necessary replacement of wet insulation of 1,008 sq. ft. at $1.90 per square foot for a total increase of $7,877.40 to close out the project. Passed and approved this 12th day of January, 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 26 City Council Packet January 12, 2010 Second Readings / Public Hearings 9. Public Hearing and Action on Resolution No. 07-10, Levying Assessment for Street Assessment Project No. 2009-04STA (East/West Alley from 11th Avenue to 12th Avenue between 1st Street and 2nd Street) The Brookings City Council approved Resolution of Necessity No. 50-09 on May 26, 2009, authorizing the City to proceed with bidding for an alley assessment project. This project consists of an East/West alley located from 11th Avenue to 12th Avenue between 1st Street and 2nd Street. This project is an assessment project with all of the project costs being assessed to the abutting property owners. This project has been closed out and this is the final step of the assessment process. Resolution No. 50-09 included the estimated front foot cost of $38.00 as well as stipulating the assessment can be paid over a 5-year period at 10% interest. The actual assessed front foot cost for this alley is $36.59 which is the actual construction costs plus the 6% engineering and administration fee. This fee was slightly lower than the estimated amount because the final construction costs were lower than the bid. A notice and the assessment costs were mailed to all of the affected property owners as required by state law. This resolution will approve the assessment roll and levy the assessment. After approval, the City Finance office will bill each of the affected property owners. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to approve, Roll Cal CITY MANAGER RECOMMENDATION - Approve 27 City Council Packet January 12, 2010 Resolution No. 07-10 Levying Assessment for Street Assessment Project No. 2009-04STA Whereas, the City Council has provided for the following work to be completed under Project No. 2009-04STA (East/West Alley from 11th Avenue to 12th Avenue between 1st Street and 2nd Street) 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. 2009-04STA is the amount stated in the proposed assessment roll. 2. The assessment for Street Assessment Project No. 2009-04STA is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. The assessment shall be divided into five (5) equal annual installments for alleys. 4. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to 9-43-51, South Dakota Compiled Laws of 1967, as amended. 5. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment. Passed and approved this 12th day of January 2010. City of Brookings ________________________________ Tim Reed, Mayor ATTEST: _________________________________ Shari Thornes, City Clerk 28 City Council Packet January 12, 2010 Second Readings / Public Hearings 10. Ordinance No. 33-09: An Ordinance pertaining to an application for a Conditional Use for a major home occupation (manual press operation) within the City of Brookings at the South 100 feet of Lots 13 and 14, Block 5, Parkdale Home Addition, 102 West 8th Street. Proposal: Establish a major home occupation in a medium-density residential district Background: Major home occupations must comply with 14 criteria listed in the zoning ordinance. This list is in your packet. It is important to compare this list to the information provided by the applicant. Specifics: The house on this lot has two dwelling units. There is a basement unit and a main/2nd floor unit where the home occupation would be located. This home and several other adjacent homes on this block are owned by the same party. Therefore, a parking area was established northwest of the applicant’s residence that is used jointly by this house and other abutting residences. The applicant has submitted a letter and photo regarding the home occupation. A manual press is a machine that imprints a design or graphic on a T-shirt or other fabric. Some machines can also imprint mugs, plates, puzzles, etc. It will be important to determine what the current and future business plan is from the applicant. The off-site parking area is a legal but unusual aspect of this request. The owner of this property owns all the homes on the south half of the block. Therefore, a joint parking lot was established behind the houses. In addition to any conditions that are warranted based on testimony at the meeting, staff would recommend approval only to the applicants and only for as long as the parking area is accessible by the applicants. Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of this Conditional Use with the conditions listed in the ordinance. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to approve, Roll Cal CITY MANAGER RECOMMENDATION - Approve 30 City Council Packet January 12, 2010 Ordinance No. 33-09 An ordinance pertaining to an application for a Conditional Use for a Major Home Occupation (manual press operation) within the City of Brookings: Be it ordained by the governing body of the City of Brookings, South Dakota: Section 1. That the said Conditional Use shall be approved for a Major Home Occupation (manual press operation) on the south 100 feet of Lots 13 and 14, Block 5, Parkdale Home Addition with the following conditions: 1. The parking area shown on the site plan shall be accessible at all times 2. The Conditional Use shall be granted only to the applicant 3. A non-resident shall not be employed in the home occupation 4. No retail customer traffic shall be generated on-site Section 2. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 15, 2009 Second Reading: January 12, 2010 Published: January 15, 2010 CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 31 City Council Packet January 12, 2010 Planning Commission Brookings, South Dakota December 1, 2009 OFFICIAL MINUTES Chairperson Dave Kurtz called the regular meeting of the City Planning Commission to order on December 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Greg Fargen, Larry Fjeldos, Alan Gregg, Al Heuton, and Kurtz. Mike Cameron and John Gustafson were absent. Also present were Jen Connors, Albert Veen, Cliff Kurtz, Ann Lamer, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #4 – Jen Conners has submitted an application for a Conditional Use to establish a major home occupation (manual press operation) on the south 100 feet of Lots 13 and 14, Block 5, Parkdale Home Addition (Fjeldos/Fargen) Motion to approve. (Fargen/Avery) Amendment to the motion to add the following conditions: 1. The parking area shown on the site plan shall be accessible at all times. 2. The Conditional Use shall be granted only to the applicant. 3. A non-resident shall not be employed in the home occupation 4. No retail customer traffic shall be generated on-site. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Hanson stated that the neighborhood was in a medium-density zoning district. The house contained two units, and the home occupation would be on the main floor. A parking area had been established on an adjacent lot, and it served several houses. Jen Connors stated that the operation involved a silk screen press that transferred a design onto a T- shirt. No heat was involved in the process. Albert Veen, a neighbor, was concerned about traffic since parking on the street was limited to one side. He felt UPS deliveries would impact the adjacent house due to the proximity of the driveway leading to the parking area. Heuton asked what materials were used in the process. Connors responded that she used a water- based plastisol ink. Connors added that any UPS delivery trucks would park in the street and not use the driveway next to the neighbor’s house. Heuton asked if any employees lived off-site. Connors replied no. Fargen asked how the product would be distributed. Connors answered that she delivered them with her personal vehicle. Kurtz inquired about inventory. Connors responded that about 20 shirts would be the maximum amount on hand. Heuton felt the home occupation would not have a adverse impact on the neighborhood based on the testimony but favored conditions prior to approval. 39 City Council Packet January 12, 2010 Second Readings / Public Hearings 11. Ordinance No. 34-09: An Ordinance to Change the Zoning Within the City of Brookings at Lot 18, Block 1, Nelson Second Addition be and the same is hereby rezoned and reclassified from a Residence RMH District to a Residence R-1A District, 1623 Medary Avenue South. Applicant: Cliff Kurtz Proposal: Downzone a lot from medium to low-density residential Background: The area along the east side of Medary Avenue South was originally one large lot. In 1999, the land was rezoned from R-1A to RMH and subsequently, replatted into 18 lots. Land to the north is developed with single-family homes and is in the RMH District. Land to the south and east is undeveloped and zoned Ag. This land is part of a drainage channel and will likely remain vacant. Specifics: This lot is 1.9 acres in size. It contains a small house that was built in 1999 and a larger house that was built in 2000. Prior to our current platting requirements, the small house was dedicated to the north 90 feet of the west 110 feet of Lot 18. This created a 9,900 square foot lot. This “lot” would become nonconforming if rezoned to an R-1A District. The rezoning can still be considered, but the options would be to only rezone the large portion of Lot 18, rezone all of Lot 18, or deny the rezoning. Any decision should take into account the compatibility of this rezoning to adjacent zoning and future land uses. Recommendation: The Planning Commission voted 5 yes and 0 no, with one abstention, to recommend approval of the rezoning. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to approve, Roll Cal CITY MANAGER RECOMMENDATION - Approve 40 City Council Packet January 12, 2010 Ordinance No. 34-09 An Ordinance to Change the Zoning within the City of Brookings Be it ordained by the governing body of the City of Brookings, South Dakota, Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows: Lot 18, Block 1, Nelson Second Addition be and the same is hereby rezoned and reclassified from a Residence RMH District to a Residence R-1A District. In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 15, 2009 Second Reading & Adoption: January 12, 2010 Published: January 15, 2010 CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 41 City Council Packet January 12, 2010 Planning Commission Brookings, South Dakota December 1, 2009 OFFICIAL MINUTES Chairperson Dave Kurtz called the regular meeting of the City Planning Commission to order on December 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Greg Fargen, Larry Fjeldos, Alan Gregg, Al Heuton, and Kurtz. Mike Cameron and John Gustafson were absent. Also present were Jen Connors, Albert Veen, Cliff Kurtz, Ann Lamer, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #5 – Cliff Kurtz has submitted a petition to rezone Lot 18, Block 1, Nelson Second Addition from a Residence RMH District to a Residence R-1A District. (Heuton/Gregg) Motion to approve the rezoning. All present voted aye, except Kurtz abstained. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Cliff Kurtz stated that the rezoning to an R-1A District would allow him to seek permission in the future for a stable. His ultimate goal was to have a horse on the premises for riding. Heuton asked about the other structure on the property. Kurtz replied that it was now used only as an office with a double car garage underneath. 42 City Council Packet January 12, 2010 Sec. 94-124. RESIDENCE R-1A SINGLE-FAMILY (a) Intent. This district is intended to provide for areas of residential use with a gross density of approximately three dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities such as parks, playgrounds, schools, libraries and churches. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1A Single Family District. (c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: 1. Church or similar place of worship, which may include a day care facility with such use confined to within the church worship and educational facility. a. One of the frontages of the premises shall abut upon an arterial or collector street. 2. Public or parochial school of general instruction. a. One of the frontages of the premises shall abut upon an arterial or collector street. 3. Public library, museum, park, playground or similar community facility. a. One of the frontages of the premises shall abut upon an arterial or collector street. 4. Governmental administration and services such as offices, firehouse, police and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of vehicles, heavy equipment or supplies. a. One of the frontages of the premises shall abut upon an arterial or collector street. 5. Public utility facility. a. An opaque screen six feet in height located as far back as all setback lines. b. Landscaping shall be provided between the setback lines and any front property line. c. The architecture of all buildings shall harmonize with the character of the neighborhood. d. One of the frontages of the premises shall abut upon an arterial or collector street. 6. Minor home occupation. a. Requirements of Section 94-362 must be adhered to. (e) Conditional Uses. 1. Agriculture 2. Major home occupation 3. Public recreation facility 4. Non-municipal library, museum, art gallery, 5. Private lake 6. Private stable (f) Density, Area, Yard and Height Regulations. 47 City Council Packet January 12, 2010 The R-1A district regulations shall be as follows: Per Min. Min. Min. Min. Min. Max. Unit Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Single-Family Dwelling 15,000 15,000 100' 40' 15' 30' 35' Other Allowable Uses 15,000 15,000 100' 40' 15' 30' 35' (g) Accessory uses. Accessory uses and building permitted in the R-1A District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the R-1A District shall be in conformance with the regulations set forth in division 4 of article VI. (i) Sign Regulations. Signs within the R-1A District shall be in conformance with the regulations set forth in division 5 of article VI. (j) Other Regulations. Development within the R-1A District shall be in conformance with the regulations set forth in article II of this chapter. 48 City Council Packet January 12, 2010 Second Readings / Public Hearings 12. Ordinance No. 35-09: An ordinance pertaining to an application for a Conditional Use for a major home occupation (weight loss service) within the City of Brookings at Lot 13, Block 6, Brookdale Addition, 1708 Victory Street. Applicant: Ann and Chad Lamer Proposal: Establish a major home occupation in a low-density residential neighborhood. Background: Major home occupations must comply with 14 criteria listed in the zoning ordinance. This list is in your packet. It is important to compare this list to the information provided by the applicant. Specifics: This house is in a predominantly single-family neighborhood. There are two (2) full levels and an entry way within the house. The driveway is approximately 50 feet long and leads to a double-car garage. The home is on a cul-de-sac. The home occupation would be located in a converted bedroom in the lower level. The room contains about 120 square feet. This occupation is designed to have clients visit the home for professional consultation. This additional traffic puts this service in the major home occupation category. Any recommendation for approval should limit the use to the applicant. Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of the Conditional Use. City Manager Introduction ACTION: Open & Close Public Hearing, Motion to approve, Roll Cal CITY MANAGER RECOMMENDATION - Approve 49 City Council Packet January 12, 2010 Ordinance No. 35-09 An Ordinance pertaining to an application for a Conditional Use for a Major Home Occupation (weight loss service) within the City of Brookings: Be it ordained by the governing body of the City of Brookings, South Dakota: Section 1. That the said Conditional Use shall be approved for a Major Home Occupation (weight loss service) on Lot 13, Block 6, Brookdale Addition with the following conditions: None Section 2. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 15, 2009 Second Reading: January 12, 2010 Published: January 15, 2010 CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 50 City Council Packet January 12, 2010 Planning Commission Brookings, South Dakota December 1, 2009 OFFICIAL MINUTES Chairperson Dave Kurtz called the regular meeting of the City Planning Commission to order on December 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Greg Fargen, Larry Fjeldos, Alan Gregg, Al Heuton, and Kurtz. Mike Cameron and John Gustafson were absent. Also present were Jen Connors, Albert Veen, Cliff Kurtz, Ann Lamer, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others. Item #6 – Ann and Chad Lamer have submitted an application for a Conditional Use to establish a major home occupation (weight loss service) on Lot 13, Block 6, Brookdale Addition. (Fargen/Fjeldos) Motion to approve the Conditional Use. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #6 – Hanson remarked that the neighborhood had predominantly single-family residences, and the applicant lived on a cul-de-sac. The nature of the occupation would require on-site visits. Ann Lamer stated she would consult with clients on a one-to-one basis regarding weight loss programs. Heuton asked for the number of employees and estimated visits per day. Lamer answered that her husband was also involved, and they would probably average one a day starting out and maybe have four a day in the future. Kurtz asked if there would be any group sessions. Lamer replied no, but if there were, it would be conducted at an off-site location. Fargen asked about hours of operation. Lamer responded mostly daytime, and one night per week. Kurtz inquired about any on-premise signage. Lamer said there would not be any. 55 City Council Packet January 12, 2010 57 13. Adjourn.