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Home My WebLink About2001_12_10 CC PKTSHARI THORNES Council Packet Brookings City Council Tiction M~~ting ®~c~mb~r 10, 2001 5:30p.m. Council Chamb~r~ Memorandum To: Mayor Herriott and the Brookings City Council cc: Interested Parties From: Michael Williams, City Manager Date: 12/5/01 Re: Regular Action Meeting on Monday, December 10, 2001 at 5:30P.M. Please find enclosed an agenda for the City Council Meeting on December 10, 2001. Brookings City Council Monday, December 10, 2001 5:30 p.m. Action Meeting City Hall Council Chambers Mission Statement Brookings City Council City Hall, Post Office Box 270 Brookings, SO 57006 (605) 692-6281 phone (605) 692-6907 fox Virgil H. Herriott, Mayor Sam Artz Tom Bozied Mike McCiemans Doris Roden Scott Munsterman Keri Weems 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. 1. Call to order and Pledge of Allegiance. 2. Roll Call by Clerk. 3. Consent Agenda Items: A. Adoption of the agenda. B. Approval of the November 19, 2001 and November 26, 2001 minutes. C. Action on Resolution 61-01, a resolution authorizing final change order (CCO#l FINAL) for Street Improvement Project 99-06STI, Schedule B (Jamir Reclamation). D. Action on a final payment and change order for the Soccer Complex Irrigation Project. Action: Motion to approve consent agenda-Roll Call 4. SDSU Representative Report. 5. Invitation for a citizen to schedule time on the Council agenda for an issue not listed. PRESENTATIONS: 6. Recognition of the Governor's Awards nominees by the Brookings Advisory Committee for People who have Disabilities. Action: No action -recognition event. 7. Doug l<irkus, Loss Control Manager with Risk Services of SD, to present the Safety and Loss Control Recognition Award to the City. Action: No action -recognition event. Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please state your name and address, Presentations are limited to 5 minutes. Meeting Assistance: 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 3 working days prior to the meeting. Council Meetings: City Council action meetings are held the second and fourth Mondays of each month at 5:30 p.m. and City Council planning sessions are held the first and third Mondays each month at 5:30 p.m. Materials for Council: Please provide 10 copies of any handouts for the Council. Copies must be provided to the City Council, City Manager, City Attorney, and City Clerk. PRESENTATIONS (continued): 8. Presentation by Claude McKinney regarding the development of a Centennial Campus. Action: No action -Informational. PUBLIC HEARINGS/ORDINANCES: 9. Discussion and possible action to terminate Staurolite Alcohol Operating Agreement with the City of Brookings. Action: Motion to approve-Roll Call I 0. Public hearing and action on liquor and wine alcohol beverage license renewals. Action: Open and close public hearing. Motion to approve-Roll Call 11. Public hearing and action on Resolution No. 56-01, Levying Assessment for Street Assessment Project 01-01 SWR. Action: Open and close public hearing. Motion to approve-Roll Call 1 2. Public hearing and action on a House Moving Request from Rhonda Rogers to move a residence, single-family, ranch style home from Sioux Falls South Dakota Housing Development Authority to property described as Lot 6A, Block 3, Sale Barn Addition, also known as 628 6 1h Avenue South. Action: Open and close public hearing. Motion to approve-Roll Call 1 3. Action on Resolution 62-01, a resolution dissolving the City of Brookings Housing and Redevelopment Commission for the purpose of electing to participate in the Brookings County Housing and Redevelopment Commission. Action: Motion to approve-Roll Call 14. Introduction and first reading on Ordinance 1 8-01, an ordinance repealing Article I of Chapter 1 9 of the revised ordinances of the city of Brookings and pertaining to dissolution of the city of Brookings Housing and Redevelopment Commission. Action: Motion to approve first reading-Roll Call 15. Public hearing and action on Resolution 59-01, approving the City of Brookings Vision 2020 Comprehensive Plan. (I)( -No u .::U.,, z_ oo 1 } Action: Motion to approve-Roll Call Ch/ -or d·, A (Ill ;'t.J.e...d ltt/hll (;' #fl ~l/ll OTHER BUSINESS: 3 0 -f C..i.J(I{l-..(./'-'-'(/ . I . . 16. Action on final change order for the Fishback Soccer Field grading project (action deferred from 1 1 /26 meeting). Action: Motion to approve-Roll Call 1 7. Discussion and possible action on an estimate for consulting services. Action: Motion to accept recommendation-Roll Call 1 8. City Manager's Report. 19. Council Members Open Discussion. 20. Executive session for union negotiations Action: Motion to Enter Executive Session-Voice Vote 21. Adjournment. Council Calendar: Dec. 3 5:30 pm Dec. 1 0 5:30 pm Dec. 1 7 5:30 pm Planning Session Action Meeting Action Meeting Citizen Advisory Board Meeting Calendar Dec. 3 7:00pm Park and Recreation Board Dec. 4 7:00pm Planning Commission Dec. 6 4:00pm Historic Preservation Commission Dec. 6 5:00pm Board of Adjustment Dec. 6 7:00pm Board of Health Dec. 10 1:00pm Utility Board Dec. 13 11:30 am Human Rights Commission Dec. 13 12:10 pm Traffic Safety Committee Dec. 19 4:15pm Library Board Dec. 20 3:30pm Airport Board Dec. 20 5:00pm Board of Adjustment Dec. 21 11:00 am Disability Committee Dec. 27 5:30pm MultiPlex Board Dec. 27 7:00pm Hospital Board Items #1-#3D 1. Call to order-Pledge of Allegiance. 2. Roll Call by Clerk. 3. Consent Agenda Items: a) Adoption of the agenda. An agenda is enclosed for your review and action. b) Approval of the November 19, 2001 and November 26,2001 minutes. Minutes from the two previous meetings are enclosed for your review and action. c) Action on Resolution 61-01, a resolution authorizing final change order (CC0#1 FINAL) for Street Improvement Project 99-06STI, Schedule B (Jamir Reclamation). This resolution completes Schedule B of Project Ol-06STI and shows a decrease on the change order. This schedule is for F.O.B. Asphalt that the Street Department picks up throughout the construction season and the quantities vary year to year depending on how much patching they do. d) Action on a final payment and change order for the Soccer Complex Irrigation Project. A memo from the Park, Recreation and Forestry Director regarding this item is enclosed. I have also enclosed a budget summary for the project. There is an addition based on the quantity of pipe needed for the project. The memo is self-explanatory. We are well within the adjusted budget for the project. Action: Motion to approve consent agenda-Roll Call Brookings City Council Planning Session -November 19, 200 1 (unapproved) The Brookings City Council convened in a planning session on Monday, November 19, 2001 at 5:30 p.m. in City Hall with the following members present: Mayor Virgil Herriott, Council Members Mike McClemans, Tom Bozied, Keri Weems, Scott Munsterman, Sam Artz and Doris Roden. City Manager Michael Williams and City Attorney Steve Britzman were also present. Mayor Herriott called the meeting to order 5:30 p.m. Motion was made by Roden, seconded by Artz, to adjourn when all items are completed. All present voted yes; motion carried. SD Family Economic Self-Sufficiency Project. Mary Kraljic, State Co-President of University Women, provided information regarding The SelfSufficiency Standard for South Dakota prepared by the SD Community Concepts and South Dakota Women Work. The manual provides a measure of the real cost of living, working and paying taxes in Brookings County. The data represents the true cost of living without any subsidies or charitable assistance. Executive Session for Contract Negotiations. A motion was made by Roden, seconded by Artz, to enter executive session at 5:45p.m. for labor negotiations with the following individuals present: Michael Williams, City Manager; Steve Britzman, City Attorney; Tom Haller, Lee & Burgess Associates of Colorado via telephone; Tracy Dahl-Webb, Human Resources Director; and Shari Thomes, City Clerk. All present voted yes; motion carried. A motion was made by Roden, seconded by Bozied, to leave executive session at 7:45 p.m .. All present voted yes; motion carried. No action was taken. Overall Salary Study Plan Discussion. Tom Haller, Lee & Burgess Associates of Colorado via telephone, outlined the results of a salary study and a proposed compensation plan developed for the management and non-union personnel. Motion was made by Roden, seconded by Artz, to approve the change in range for the accounting manager from what it is currently at $35,000 to $43,000 to a new range of $38,203 to $51,573. All present voted yes; except Bozied and Weems; motion carried. Liquor License Applications. City Attorney Steve Britzman provided the Council with an update on his research pertaining to alcohol licenses. Motion was made by Weems, seconded by Munsterman, to amend the schedule to take action on liquor applications until after we have heard back from our city attorney on the possibility of opening this up for economic development. All present voted yes; motion carried. Motion was made by Weems, seconded by Roden, to adjourn. Meeting adjourned at 8:55p.m. City of Brookings Mayor Virgil H. Herriott ATTEST: Shari Thomes, City Clerk 1 Brooldngs City Council November 26, 2001 Minutes (unapproved) The Brookings City Council convened in regular session on Monday, November 26, 2001, at 5:30p.m. at City Hall with the following members present: Mayor Virgil Herriott, Council Members Tom Bozied, Doris Roden, Scott Munsterman, Keri Weems and Sam Artz. Council Member Mike McClemans was absent. City Manager Michael Williams and City Attorney Steve Britzman were also present. Consent Agenda. Weems arrived. Motion was made by Roden, seconded by Artz, to approve the consent agenda which included the November 13, 2001 meeting minutes; adoption of the agenda; action to approve bids to purchase three police vehicles from Einsphar for two Crown Victoria cars at $20,365 each and one Dodge Durango at $23,388, no other bids were received; action on Resolution 57-01, a resolution fixing time and place for hearing upon assessment roll for Sidewalk Assessment Project No. 01-01SWR; and action on Resolution 58-01, a resolution authorizing final change order (CCO#l Final) for 01-01SWR, Schedule A: Curb and Gutter and Sidewalk Repair Project (decrease in quantities). All present voted yes; motion carried. RESOLUTION NO. 57-01 RESOLUTION FIXING TIME AND PLACE FOR HEARING UPON ASSESSMENT ROLL FOR SIDEWALK ASSESSMENT PROJECT NO. 01-01SWR (2001 Sidewalk Repair Sites) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Sidewalk Assessment Project No. 00-01SWR having been filed in the office of the City Manager on the 14'" day of November, 2001, the City Council shall meet in the Council Chambers, City Hall, in said City on Monday, the 10'" day of December, 2001, at 5:30 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 Sidewalk Assessment Project No. 01-01SWR, 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 26d' day of November, 2001. RESOLUTION NO. 58-01 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER (CC0#1 FINAL) FOR 01.01SWR, SCHEDULE A: (Curb and Gutter and Sidewalk Repair Project.) CLARK DREW CONSTRUCTION BE IT RESOLVED by the City Council that the following change order be allowed for 01-01SWR: Schedule A: Construction Change Order Number 1 Final Adjust estimated quantities as "as build" for a total decrease of $25,713.10. Increase contract time by 1 working day. Passed and approved this 26'h day of November 2001. Bozied arrived Resolution No. 51-01· Street Assessment. A public hearing was held on Resolution No. 51-01, levying assessment for Street Assessment Project No. 01-02STA. All present were given an oppornmity to be heard. Motion was made by Roden, seconded by Munsterman, to approve Resolution 51-01. All present voted yes; motion carried. RESOLUTION NO. 51·01 LEVYING ASSESSMENT FOR STREET ASSESSMENT PROJECT NO. 01-0ZSTA. WHEREAS, the City Council has provided for the following work to be completed under Project No. 01-02STA. (Alley from 6'h St. to 7'h St. between ll'h Ave. and 12'h Ave.) 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. 01-02STA is the amount stated in the proposed assessment roll. 2. The assessment for Street Assessment Project No. 01-02STA 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 26'h day of November, 2001. Resolultion No. 60-01 -Budget Amendment. Motion was made by Artz, seconded by Herriott, to approve Resolution No. 60-01, a resolution amending the 2001 Budget and authorizing the use of Contingency. All present voted yes; motion carried. RESOLUTION NO. 60-01 A RESOLUTION AMENDING THE 2001 BUDGET WHEREAS, there is a need to amend budgeted expenditures; and WHEREAS, there maybe a need to expend funds from contingency to conduct an analysis of the DM&E Final EIS; and WHEREAS, there is a need to rescind a previous authorization for contingency use; and WHEREAS, there has been contingency and special assessments committed to fund change orders for the ice arena project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City Manager be authorized to make the following transfers: 1. From Non-departmental, Consulting/Engineering to Attorney, Legal Services 2. From Contingency to Non-departmental, Consulting/Engineering 3. From Fire Capital to Contingency (reversing Resolution 38..01, authorizing the use of contingency for the VHF Digital Radio System) 4. From Special Assessments to the Ice Arena Capital 5. From Contingency to the Ice Arena Capital Passed and approved this 26'h day of November 2001. $18,000 $15,000 $ 4,600 $ 5,974 $12,541 Ordinance No. 16-01 -Alcohol Markup. Second reading was held on Ordinance 16-01, an ordinance amending Section 5-8 and pertaining to markup percentages on sales of alcoholic beverages in the City of Brookings, South Dakota. A motion was made by Munsterman, seconded by Weems, to approve Ordinance 16..01. Munsterman and Weems voted yes; Bozied, Herriott, Artz and Roden voted no; motion failed. Change Order -Fishback Soccer Field. Motion was made by Artz, seconded by Bozied, to approve action on final change order for the Fishback Soccer Field grading project. Motion was made by Herriott, seconded by Artz, to amend the motion by deleting the $1,500 liquidated damages charge. Herriott, Artz and Munsterman voted yes; Bozied, Weems, and Roden voted no; motion to amend failed. On the original motion; all voted no; except Roden; motion failed. Motion was made by Munsterman, seconded by Artz, to approve the change order for the pipe. All present voted yes; motion carried. Motion was made by Munsterman, seconded by Weems, to refer this item to a planning session to develop policy and parameters regarding liquidated damages and direct the city manager and staff to research the issue prior to that meeting. All present voted yes; except Artz, Herriot and Roden; motion failed. Motion was made by Artz to assess liquidated damages in the amount of $3000. Died for lack of a second. Motion was made by Munsterman, seconded by Weems, to defer action on this item until the next action meeting on December 10, 2001. All present voted yes; motion carried. DM&E Railroad Expansion· Final EIS. The Council discussed hiring a consultant to assess the final recommended Environmental Impact Statement (EIS) currently pending approval from the Surface Transportation Board regarding the proposed DM&E railway expansion and discuss an in-town route mitigation plan. Motion was made by Herriott, seconded by Artz, to authorize the City Manager to negotiate an agreement with Mr. Bernard Morris as a consultant in reviewing the final EIS as it relates to Brookings. Motion was made by Weems, seconded by Bozied, to amend the motion requesting the City Manager provide Mr. Bernard Morris with pertinent information and seek an estimate of costs for reviewing the final EIS as it relates to Brookings. On the amendment; all present voted yes; except Artz and Herriot; motion carried. On the original motion as amended; all present voted yes; except Herriott and Artz; motion carried. Adjournment. Motion was made by Bozied, seconded by Weems, to adjourn. All present voted YES; motion carried. Meeting adjourned at 8:07 p.m. CITY OF BROOKINGS Mayor Virgil H. Herriott ATTEST: Shari Thomes, City Clerk RESOLUTION NO. 61-01 RESOLUTION AUTHORIZING FINAL CHANGE ORDER (CCO#l FINAL) FOR STREET IMPROVEMENT PROJECT Ol-06STI, SCHEDULE B (JAMIR RECLAMATION) BE IT RESOLVED by the City Council that the following change order be allowed for Street Improvement Project Ol-06STI, Schedule B. Construction Change Order Number 1 Final Adjust estimated quantities as "as build" for a total decrease of$28,413.57. Passed and approved this lOth day of December, 200 I. Virgil H. Herriott, Mayor ATTEST: Shari Thomes, City Clerk POLICY ON ADMINISTERING CONSTRUCTION CHANGE ORDERS The City of Brookings regularly awards contracts for various types of construction projects. Changed conditions, alternate materials, plan changes, omissions, errors, and owner directed changes, etc. often require change orders to the construction contract. Policy guidance from the City Council to direct the administration of such change orders is necessary. The City of Brookings' policy on administering Construction Change Orders (CCO's) is as follows: 1. The City Manager is hereby authorized to approve CCO's and proceed with the change in work. A final contract amendment will be submitted to the Council for official city action in order to adjust the original contract to match the final project cost. This action is necessary for auditing purposes. 2. The City Manager may not approve any CCO that changes the Council- approved scope of the construction project. 3. The City Manager may not approve any ceo that increases any item of work in the contract by more than $25,000. 4. The City Manager may not approve any CCO that the increases the project budget. 5. All CCO's that increase project costs must be funded with the project contingency fund. 6. The City Manager will report CCO's to the City Council in a timely fashion. CITY OF BROOKINGS PARKS, RECREATION and FORESTRY DEPT. 221 Main Avenue • Brookings, S.D. 57006 Phone {6051 692-2708 EXPLANATION OF CHANGE ORDER-FOR FINAL PAYMENT SOCCER IRRIGATION PROJECT To accommodate a change in the type of irrigation pump purchased and to reconcile actual measured feet of irrigation pipe installed as compared to drawing estimates, a change order to the base price is needed for final payment on the contract. Pipe footages were bid based on estimates from the scaled drawing in a lump sum bid for the total project. In addition, a unit price (per foot) bid was also required for each pipe size, knowing that field adjustments would likely be needed in the final layout on site, and the unit price figure would be used to adjust final contract cost. This turned out to be the case. With the 1.25 thru 2.5 inch size pipe there was a small increase in length for each field because a field decision was made to extend the sprinklers a few feet beyond the out-of-bounds end line on each field to be out of the way of line painting and to keep as many sprinkler heads out of the actual playing field as possible, for safety concerns. The original drawing and measurements coincided exactly with field size, hence the sprinkler heads on the line. The 100 foot increase each in the 4 and 6 inch distribution lines resulted when the main feeder line was moved about 65 feet from the plan location to the east property line, to get it out of a main drainage way and more accessible for future maintenance. The major change in footage concerns the 8 inch feeder line which extends over to the pump station adjacent to the ponds at the old landfill, a distance of 2,200 lineal feet, or a little less than one-half mile. Two reasons contributed to the extra 680 feet for this main line. When the irrigation plans were drawn last winter, we knew we would be going to the landfill ponds. However, the irrigation engineer (Rain Bird Irrigation) assumed the line went east from the south boundary of the southeast field, when, in fact, it needed to extend 500 feet farther south and then east to the old landfill. This fact wasn't realized until the contractor laid out his pipe in September and found himself short. The other 180 feet was due to our not being able to make a 45 degree angle as planned at the end of the nm, heading towards the pond, due to windbreak trees and having to cross the bike trail at a bad spot. Instead the line was extended east to a point directly north of the pump station and then turned with a 90 degree angle, resulting in extra feet. None of these changes were foreseen. However, with the unit prices in place, the Change Order is a pre-bid definite cost, with no negotiation involved. The changes do not alter the scope of the project. The final part of the Change Order involves an increase of $560 for what is clearly an improved pump from the one specified and bid. Subsequent to opening bids, the supplier, Rain Bird Equipment, proposed an alternate to the type of pump to be provided, from a centrifugal (suction) type, to a vertical drive shaft type. Centrifugal pumps rely on suction and as the lift distance increases (especially approaching 8-10ft.), the pump efficiency and capacity decreases somewhat. We know we will experience a water table variation (lowering) of up to 8 and maybe more feet in extremely dry years, and this could be a concern. Their proposal would substitute what is called a vertical shaft pump which pushes rather than sucks the water up to the pump. It is not affected by low water as long as the shaft end is deep enough and still in water. The other long term beneficial effect is that the pump motor size could be reduced from 50 horsepower to 40 horsepower and still retain adequate gallons per minute for our system, thereby resulting in an approximate 20% savings in electrical power. The small extra cost for this pump is certainly outweighed by the benefits and I was given permission to allow that change early on, with the assumption it would be part of the final change order after the pump was actually installed. These changes put our total contract price at $115,496.40 as compared to $110,000 bid. Adding the $25,000 irrigation grant credit puts our irrigation distribution system cost at $140,496.40, well within our budget estimate of $145,400. Formal approval is requested at this time. Respectfully submitted, I cu~~~~ Allyn Frerichs Dec. 3, 2001 Director of Parks, Recreation & Forestry CHANGE ORDER OrderNo. I Date: PE"c. 3 . <? ot! 1 Agreement Date: ...:..S=£:LP:__ _ ____,z:."'"'"----',__,l __ CONTRJ\CTOR: ___ ~s~~~~Lr.~;t~~~~~~~~~~~~+~r.uz~·~A/~--------------- The following changes are hereby made to the CONTRJ\CT DOCUMENTS: See #roJ<.:N_,.,c-,.rr. S~.Jfi'-ST1 TV1£ V'I£.<2-Tic-AL CHZJV£' Ptl..,1~ Ft>Jt.. C.E)Vi/!!FvtSJ/L '1'1'PC: If' .5'~.6. o,':J l'fcru.4 L t..uvt:,.,_ F££r P;fJC' ,-.v:sr.-~~._,::o v6. PMA-' eST;/>1/flt:S ?I ?j "73~. yo Justification: Change to CONTRJ\CT PRICE: Original CONTRJ\CT PRICE Current CONTRJ\CT PRICE adjusted by previous Change Order The CONTRJ\CT PRI e to this CHANGE ORDER will be Change to CONTRJ\CT TIME: If .s; 'f q 6 • ., 0 $ S99k.&1 $jj0, 0 CD,'""' $ /til'~ $ s '-1'/t.. yo $Jtc, ~"'t:.. yo The CONTRJ\CT TIME will be (decreased) (increased) by 0 calendar days. The date of substantial completion will be 4/o v 1 , Zo., f (date). The date for completion of all work will be ;t.!a v 1 , z.. o o 1 (date).· Approvals Required: To be effective this Order must be approved by the Federal Agency if it changes the scope of the objective of this Project, or as may be required by the SUPPLEMENTARY GENERAL CONDITIONS. Requested by: ____ __:_.,;~,.,"-'--' r,_· !:.:w~-'1-"e"'e=-:; &.,_'"'A-'"-''-'a,-, • .V.,__ _____________ _ Recommendedby: ___ ...:c=·~/~T~Y--~4L;-_~~~~~~o~·fo?~.~~~~~~s _____________ __ Acceptedby: _____ ~~--~~~---------'e~/L~~Y'~~~n~c?~~~~~C=E~~~-- Federal Agency Approval (where applicable) -----f7=-.---------------- CO-l I Smith Irrigation & Spas 15 East Kemp Ave. P. 0. Box 1582 Watertown, SD 57201 BILL TO Brookings Park & Rec. 221 Main Ave Brookings SD 57006 P.O. NUMBER TERMS QUANTITY ITEM CODE 460 26012BE 260 26015BE 300 26020BE 180 26025BE 100 26040 100 26060 680 26060 1 Irrigation REP SHIP 11113/2001 DESCRIPTION 1.25PVC Pipe 160PSI l.SPVC Pipe 160PSI 2"PVC Pipe 160PSI 2 .5"PVC 160PSI 4"PVC Pipe 160PSI 6"PVC Pipe 160PSI 8"PVC Pipe 160PSI Difference in Pumping Station Sales Tax VIA C/11"1/V G. e. O;'!.DE,Q_ /3,<fScD ~-~-,·-·-· -----·--~· -·------ ·-.. ~--.. Invoice DATE INVOICE# I L___1_11_1_31_20_0_1__;_~5-3~ ~---------------- SHIP TO First National Bank Soccer Complex F.O.B. PRICE EACH 0.28 0.33 0.54 0.82 1.68 3.41 5.74 560.00 0.00% ,.,.; M ~;r/fc.-t-1££> C»t.>/111/ -·-····-··· Total PROJECT AMOUNT 128.80T 85.80T 162.00T 147.60T 168.00T 34l.OOT 3,903.20T 560.00T 0.00 1,-ITI/!::";;. -- $5,496.40 CITY OF BROOKINGS PARKS, RECREATION and FORESTRY DEPT. 221 Main Avenue • Brookings, S.D. 57006 Phone (605) 692-2708 FINAL REPORT ON SOCCER COMPLEX IRRIGATION PROJECT SUBSTANTIAL COMPLETION Substantial completion date as per specifications was November 1, 2001. On November 2nd I visited the site and did a thorough inspection of progress with the following observations: 1. All the pipe was in the ground and covered. 2. All valves, valve boxes, sprinkler heads and pedestal controllers were installed and in place. 3. The irrigation contractor's employees were doing final cleanup of trenches, picking rock and blending topsoil over the trench lines. 4. Pump station is complete except for lowering pump into place and final electrical hookup and testing (contractor's responsibility). Our electrical contractor is just completing electrical service to the main breaker panel in the pump house (our responsibility). The contractor's pump manufacturer representative is scheduled to be on site on November 8tl' to install the pump. By mutual agreement this date is satisfactory, as our service will be completed by then. It is my opinion that Smith Pump and Irrigation has fulfilled the terms of the contract within the allocated time. FINAL INSPECTION On November 20, 200 I, a final inspection was held at the site with the following people present: Don Smith, Allyn Frerichs, Ron Eggen, and Bernie Stewart. The pump station is complete and all construction equipment has been removed from the site. Topics discussed included the following: I. As-built drawing -A full size inigation plan drawing will be provided to the owner, with all field changes clearly marked and located. 2. Pressure testing and line cleaning -All main lines have been pressure-tested with compressed air and were found to be satisfactory. Lateral lines were individually blown out with compressed air with the end-line sprinkler head removed, to remove filings and foreign material 3. Start -up -By mutual agreement, due to the lateness of the season, it was decided not to put water in the system, as it would then have to be quickly blown out again and winterized. Specifications call for one start-up and one winterization as part of the contract, and these will be spring 2002 and fall 2002. 4. Warranty -_Specifications call for one full year's warranty on materials and workmanship. Mr. Smith stated the warranty period will begin at start-up, spring 2002, and he will provide a letter to that effect, which will also describe work to be preformed next spring at start-up. 5. Final payment and change-order -Final contract payment is due at this time. No retainage is necessary as all subsequent start-up procedures are covered by the warranty. A change-order will be processed to cover the change in the pump from centrifical to vertical shaft and as-built field measurements of line installed versus estimates on drawings. Respectfully submitted, ' c~-:::9~ December 3, 2001 Allyn Frerichs Director of Park, Recreation & Forestry Nov 21 U! Ul:cUp Brookings Park & Recreation 221 Main Ave Brookings. SD 57006 ou;:J-ooo-,o,o SMITH IRRIGATION &. SPAS 15 £.AST KEMP AV:E P.O. BOX 1582 'WATERTOWN, SD 57201 Wednesday, November 21, 2001 RE: First National Bank Soccer Complex Irrigation System This Is to certify that the Irrigation system at the soccer complex Is warranted tor one-year period from spring 2002 start up. To include: guarantee of work, materials, and Winterization of system in the fall of 2002. Items to be ad!t"essed in the spri~ of 2002 when final grading is done: System Start Up Reset Heads Reset Valve Boxes Install Blow-Out Fitting in Pump House DonESmit~ / ~,~~- President Soccer Complex Sources of Funds Initial Estimate Re-estimate Approved Budget Adjusted Second Penny -75% 360,000 475,000 513,250 475,000 Second Penny -25% 75,000 75,000 75,000 75,000 2001 City Budget 100,000 76,000 76,000 76,000 Field Sponsors 150,000 150,000 150,000 150,000 Grants 10,000 75,000 50,000 Future Park Budgets 125,500 213,250 100,000 TOTAL 820,500 989,250 989,250 826,000 Cost Estimate Grading 313,646 408,500 408,500 212,007 Irrigation 147,000 145,400 145,400 115,496 Seeding 22,500 18,300 18,300 18,300 Utilities 70,500 71,850 71,850 71,850 Building 75,000 75,000 75,000 75,000 Equipment 35,000 35,000 35,000 35,000 Parking and Driveways 157,000 170,100 170,100 170,100 Stadium Field 65,100 65,100 65,100 TOTAL 820,646 989,250 989,250 762,853 Savings (Shortfall) (146) 63,147 Italics denotes change in scope Parking and Driveways -added accessible paths Stadium Field -University use and contribution to project 4. SDSU Representative Report. This is the time to hear from the Student Representative of South Dakota State University. Action: No Action -Informational. 5. Invitation for a citizen to schedule time on the Council agenda for an issue not listed. At this time anyone wishing to address the council can request to be placed on the agenda. If someone in the audience simply wants to make an invitation or an announcement, this would be the proper time. Action: No Action-Informational. 6. Recognition of the Governor's Awards nominees by the Brookings Advisory Committee for People who have Disabilities. The Brookings Advisory Committee for People who have Disabilities actively seeks nominations for the Governor's Awards, an annual program of the State Division of Rehabilitation Services, which recognizes individuals, employers and agencies for their contributions to the rehabilitation and employment of persons with disabilities in South Dakota. The Committee sought nominations in October through a press release. Four award nominations were submitted for consideration. Local recognition of the nominees traditionally occurs at a City Council meeting. The nominations in the enclosed press release will be forwarded on to the state level next week. The Governor's Committee will make final selection of these awards in January 2002. We are very proud of the fact that 80 Brookings individuals, businesses and organizations have been nominated for this award and seven have won statewide recognition. Action: No action-recognition event. CITY OF BROOKINGS Brookings Advisory Committee for People who have Disabilities 311 Third Avenue, P.O. Box 270 Brookings, SD 57006.0270 (605) 692-6281 phone (605) 692-6907 fax December 4, 2001 FOR IMMEDIATE RELEASE For more information contact: Shari Thornes, City Clerk Phone. (605) 697·8641 Brookings Advisory Committee for People who have Disabilities Recognition of Brookings Nominees for the 2002 "Governor's Awards" The Governor's Awards are an annual program of the State Division of Rehabilitation Services that recognizes individuals, employers and agencies for their contributions to the rehabilitation and employment of persons with disabilities in South Dakota. The Brookings Advisory Committee for People who have Disabilities actively promotes this award program in the Brookings area. This year four award nominations will be submitted. Final selection of these awards will be made by the Governor's Committee in January, 2002. These nominees will be recognized at the December 10, 2001 City Council meeting at 5:30p.m. in City Hall. The Brookings Hy-Vee Food Store has been nominated for the "Outstanding Employer of More Than 200". This award is given to a private employer who has hired and successfully incorporated employees with disabilities into their business. The Outstanding Employee with a Disability award is to recognize exceptional achievement of an individual with a disability in competitive employment. The following individuals have been nominated for this award: Emily Bennett, Division of Rehabilitation Services and Becky Hedlund, Larson Commons, SDSU. The Governor's Award for Outstanding Public Employer is given to a public employer who has demonstrated outstanding commitment to improving employment opportunities for people with disabilities. Dave Purvis, Supervisor of Custodial Staff at SDSU, has been nominated for this award. 7. Doug Kirkus, Loss Control Manager with Risk Services of SD, to present the Safety and Loss Control Recognition Award to the City. The City of Brookings employees have earned the top safety award given by Risk Services of South Dakota, on behalf of the SDML Workers' Compensation Fund and the South Dakota Public Assurance Alliance. The purpose of the award program is to promote loss control and safety awareness and to honor members who work hard in these areas. Loss control and safety programs save money by protecting our employees and reducing our exposure to civil liability. There are three different achievement levels in this award program. An application along with all documentation was completed and submitted to the award committee. The City met the qualification requirements for the Gold award level, which is the highest award level presented. The award was announced at the SDML Annual Conference held in Spearfish in October. Mr. Doug Kirkus, Loss Control Manager with Risk Services of South Dakota, Inc. will be here on the I Oth to present the award to the Council. Action: No action-recognition event. 8. Presentation by Claude McKinney regarding the development of a Centennial Campus. E-mailed to the Council some time ago: Brookings Economic Development Corp. (BEDC) and the Ron Reed Economic Development Center (EDC) have been working to enhance the growth and prosperity of the business community. The BEDC recently completed a Short Term Economic Development Plan, which identified SDSU as "our leading resource". It also suggests the identification of businesses that can use the resources available through the University. Other Objectives of the Plan encourage opportunities to enhance SDSU graduate retention, capitalize on research and technology and encourage the open dialog with University Departments on business growth opportunities. The EDC and the University have entered into a Memorandum of Understanding, which promotes the utilization of the Business Incubator by SDSU students, professors, alumni and entrepreneurs identified tlrrough the University to aid in the facilitation of new businesses and job creation. Some of these entrepreneurial pursuits can expect to succeed through the transfer and commercialization of technologies created through the University. Tltis will result in increased royalty revenues to the University in addition to the creation of wealth resulting from the development of new businesses. What is really happening here is the gradual evolution of partnerships between the University and the business community. North Carolina State University recognized the value of these partoerships about sixteen years ago when it created the "Centennial Campus". A recent article entitled Centennial Campus: A Look at a Progressive National Model, by Jeni Lyttle published in NC State Magazine recites that "Centennial Campus was fom1ded upon the belief that the best way to transfer technology is to create an environment that fosters idea sharing and innovation, and promotes reality-based teaching and learning. That boils down to win-win partnerships with organizations that have direct progranunatic ties to NC State." According the Article, the Centennial Campus which consists of 1,334 acres adjoining NC State's main campus is currently "home to some 1,300 corporate and govermnent employees; 1,200 university faculty, staff members and postdoctoral students; 2,050 university students; 500 middle school students; and more than 70 diverse organizations" working out of fifteen new buildings which have been built on the Campus. Claude McKinney has been instrumental in the development of the Centennial Campus from its inception. He was appointed to be the coordinator of the project and continued to be highly involved until his recent retirement. Claude has a working knowledge about every aspect of the Centennial Campus, from the gronnd up. He has accepted our invitation to come to Brookings and SDSU to share his ideas with us about where we are and what we might be able to do to replicate the success of t11e Centennial Campus here at SDSU. He will be asked to specifically address the feasibility of a formal affiliation arrangement between the University and the Economic Development Center. Such au arrangement couid maximize the opportunity for Federal financial assistance through t11e LEADERS Act pending in Congress. Claude will be here between the dates ofDecember 10, 2001 and December 13, 2001. The Conncil will visit with Claude at its meeting on December 10. Claude will be visiting with a nmnber of people and gronps in the community. It is believed that this project can provide a healthy supplement to many of the exciting programs already envisioned by the University including the Foundation's new Enterprise Institute, The Sun Grant and Dr. Robert Warren's Institute for Entrepreneurial Studies. Action: No action~ Informational. 9. Discussion and possible action to terminate Staurolite Alcohol Operating Agreement with the City of Brookings. At this time I have no information from Brookings Hospitality, L.L.C. I have enclosed copies of the three letters I have written to Mr. Folkerts of Brookings Hospitality, L.L.C., the operating agreement, a history of the agreements, and the policy. In researching the history, I find that the liquor store recovered its unpaid balance from First Edition, but that was prior to knowing of a bad check that was written and eventually never recovered. This had little to do with this action, as it was a different owner and operator. Currently, the present operator (Brookings Hospitality, L.L.C.) owes the City $1,795.09. I know there is a party working to take over the business, but have little more information. City Manager Recommendation: No recommendation can be made until further information is received. Under the current circumstances termination would be recommended, but I assume we will receive new information. /O(t(-£< C~. CITY OF BROOKINGS Mr. Bill Folkerts Brookings Hospitality, LLC. 411 19'h Street NE Watertown, SD 57201 Dear Bill: Michael Williams City Manager 3 II Third A\·enue, City Hail Brooking~, SD 57006 605·692-6281 phone 605-692.6907 fox I appreciated the call two weeks ago. I hope that you are progressing with new plans for your operation. I am writing to remind you of important issues regarding your operating agreement with the City. First, you were served with a 90-day notice of termination in accordance with the agreement. The City Council is scheduled to consider termination on December 10, 2001. Second, there is still an unpaid balance at the Liquor Store. Third, the City will need evidence of compliance with Sections XI and XV of the agreement. These sections relate to payment of all taxes, utilities, salaries, benefits, insurances, and other expenses. I want to remind you that the agreement is between Brookings Hospitality, LLC. and the City of Brookings not between Ken Leisinger and the City. You first need to be in compliance with the agreement to be able to avoid termination and utilize the operating agree1nent. Sincerely, ~-"/ ~--· Michael Williams City Manager CITY OF BROOKINGS September 10, 2001 Mr. Bill Folkerts Brookings Hospitality, LLC 411 19th Street NE Watertown, SD 57201 Dear Bill, Michael Williams, City Manager City Hall P.O. Box 270 Brookings, SO 57006 Phone (605) 692-6281 Fax (605) 692-6907 citvmnqr@brookings.net As discussed, I checked the status of the operating agreement for the location of the Staurolite Inn. The operating agreement is with Brookings Hospitality, Inc. and the person signing the agreement was Ken Leisinger. There was no assigmnent of the agreement; the agreement is with your company and that will be the city's position. An employee of Mr. Leisinger wrote the bad check to the City ofBrookings for the amount of $510.95. The total owed to the city at that time was $1395.69. Since then, there have been charges of$399.40 that are now past due. The total due is $1795.09. The City, through the State's Attorney, is prosecutiog for the bad check. I suggest that you bring the account current and if there is any recovery for the bad check it will go to you. While I will work with your company and hope you find suitable arrangements to fully utilize the operatiog agreement, I must stress that the City considers its agreement to be with Brookings Hospitality, Inc. and Brookings Hospitality, Inc. is responsible for meeting the terms of the agreement. Please contact me with any questions. Sincerely, ~/' JL--- Michael Williams CITY OF BROOKINGS August 31, 2001 Mr. Bill Folkerts Brookings Hospitality, LLC 411 19th StreetNE Watertown, SD 57201 Dear Mr. Folkerts, Michael Williams, City Manager City Hall P.O. Box 270 Brookings, SO 57006 Phone {605) 692-6281 Fax {605) 692-6907 citymnqr@brookings.net The City Council recently adopted the enclosed policy on liquor operating agreements. This policy applies to the Operating Agreement between the City of Brookings and Brookings Hospitality, LLC. As you can see, the City does not intend to have operating agreements unused. I have also enclosed a copy of the Operating Agreement. I want to point your attention to Sections VI and XV Section VI allows the City to revoke or suspend an operating agreement for late payment for alcoholic beverages supplied by the Municipal Liquor Store. I understand there are unpaid invoices with the Liquor Store. Section XV allows the City to demand evidence that salaries, etc. of the business are paid. There have beeu some indications that there are some outstanding expenses of the business connected with the on-sale liquor establishment. The City would like evidence of all the expenses paid. In sunnnary, there are three issues that are important at this time: 1. The unpaid balance with the Liquor Store. This must be paid. 2. Any unpaid employees, employee benefits and any other unpaid bills. I need evidence that those are paid. The two issues above are clitical to maintaining the Operating Agreement. The Operating Agreement is with Brookings Hospitality, LLC and it is responsible for the agreement and unpaid bills. 3. The unused agreement. I understand that you are attempting to rectifY this situation and I am certain the Council understands that may take some time. Tbis Jetter shall serve as the City's notice of its intent to terminate the Operating Agreement with Brookings Hospitality, LLC, effective ninety (90) days after you receive this notice. The City Council will meet on December I 0, 2001 to cousider the termination of the agreement. If circumstances change, please let me know plior to that date. Sincerely, /~~A\ ___ ... Michael Williams Enc. AGREEMENT 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 BROOKINGS HOSPITALITY, L.L.C., of Watertown, South Dakota, 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. That 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. II. That the Manager shall be individually responsible for all operating expenses on said on-sale establishment, including by not limited to taxes, insurance and license fees, if any. III. That said on-sale establishment shall be situated on real estate in the City of Brookings, South Dakota, described as: Block Twelve (12) ofTelkamp Addition to the city of Brookings, County of Brookings, State of South Dakota. IV. That said Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale establishment. v. That 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 inunediately 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 tbe on-sale establishment under its management as determined by tbe governing body of the municipality, 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 tbe City to the Manager for resale on the aforedescribed 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 aforedescribed premises, the actual cost of malt beverages, plus ten percent (10%) or excess of such cost. The actual cost shall include cost price and transportation charges. 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 prenumbered invoices prepared in triplicate showing the date, quantity, 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. 2 X. In consideration of the covenants and agreements herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred and no/100 Dollars ($1 ,500.00) commencing on the date of execution for the period from the date of execution through December 31, 2001, and a fee in the sum of One Thousand Five Hundred and noll 00 Dollars ($1 ,500.00) on January I, 2000, and on the first day of each year thereafter as long as this agreement shall remain in force and effect. 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. In addition, the Manager agrees to pay the federal stamp fee. XL The Manager agrees to furnish all utilities and to pay all taxes imposed on the on- sale establishment. XII. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and further agrees that he shall operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XIII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return the deposit made therefore; in the event of termination of the business, all unused alcoholic beverages may be returned to the City and the Manager reimbursed therefore. XIV. The Manager agrees to abide by the credit policies of the City and acknowledges receipt of a copy. XV. The Manager agrees to furnish the City upon demand, evidence of payment ofthe 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. Public liability insurance protecting both the City and Manager against claims for injury or damages to persons or property, said policy to have personal 3 injury limitations of at least $100,000.00 per person, and $300,000.00 per action, and a limitation of $50,000.00 for damage to property; F. Rent and utility bills; G. Any and all miscellaneous expenses, including taxes. XVI. The Manager agrees to observe laws of the State of South Dakota, and all ordinances of the City of Brookings. XVII. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions thereof. XVIII. The City shall have 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 and the Manager agrees to maintain a complete and detailed record of all alcoholic beverages received from the City. XIX. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. XX. 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 innnediate termination and revocation of this Agreement. XXI. This agreement shall not be assignable to another person or location without the written consent of the City. 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement this 11th day of December, 2000 CITY OF BROOKINGS, South Dakota A Municipal Corporation Ul~~ By: Mayor BROOKINGS HOSPITALITY, L.L.C. ~ •· ~~ By: €/' Manager 5 Staurolite Inn Alcohol Operating Agreement History Prepared 12/4/2001 By Shari Thornes Preliminary Agreement Dated: Terms: Signed by: Manager Names: Business name: Agreement: Dated: Terms: Signed by: Manager Names: Business Name: Renewal: Dated: Terms: Signed by: Manager Names: Business Name: Agreement: Dated: Terms: Signed by: Manager Names: Business Name: Renewal: Dated: Terms: Signed by: Manager Names: Business Name: Agreement: Dated: Terms: Signed by: Manager Names: Business Name: 9/14/71 10 year with 5 year renewal (1976 & 1981) Arthur Behrend Arthur Behrend & Dale Sheesley Staurolite Inn 7/3/72 10 year with 5 year renewal (1977 & 1982) Arthur Behrend None specified Staurolite Inn, Inc. 11/22/77 5 year renewal (7 /3/82) ?? None specified Staurolite Inn, Inc. 12/7/82 1 0 year with 5 year renewal ( 1987 & 1 992) Jack Hedenstrom ? None specified Staurolite Inn, Inc. 12/7/87 5 year renewal (12/7 /92) Don Behrend None specified Staurolite Inn, Inc. 12/12/92 10 year with 5 year renewal (1997 & 2002) Don Behrend None specified Staurolite Inn, 1nc. Agreement: (Wine)* Dated: Terms: Signed by: Manager Names: Business Name: 6/2/97 1 0 year with 5 year renewal (2002 & 2007) Richard A. Popko None specified DBR & R Inc., dba The First Edition Ill Don Behrend thinks this is a mistake. The First Edition took over operation of the bar which would have include liquor. Renewal: Dated: Terms: Signed by: Manager Names: Business Name: 12/12/97 5 years (12/12/2002) Don Behrend None specified Behrend Management Inc., dba Staurolite Inn June 1, 1997 to November 30, 1 997 License transferred from Don Behrend to The First Edition. First Edition was only in business for six months. Don Behrend took the business over again on December 1, 1 997 and operated it until December 31, 1999. On December 1, 1 997, Bill Purrington and Don Behrend inventoried all the liquor at the bar and Bill took back liquor in lieu of First Edition's bill. Agreement: Dated: Terms: Signed by: Manager Names: Business Name: 12/11/2000 1 0 year with 5 year renewal (2005 & 201 0) Kenny Lessinger None specified Brookings Hospitality, L.L.C. of Watertown, SD City Council Policy Liquor Operating Agreements Adopted August 13, 2001 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 fourteen issued. Currently, the fourteen license holders are: ON-SALE 1. Chevy Lounge, 303 Main Avenue 2. Holibrook, Inc. Box 558 3. Jim's Tap, 309 Main Avenue 4. Lantern Lounge, Box 782 5. Pheasant Lounge, 726 Main Avenue S 6. Prairie Lanes, Inc., 722 Western Avenue 7. Ram Pub, Box 801 8. Safari Lounge, Inc., Box 507 9. Staurolite Inn 10. Danny's, 703 Main Avenue· 11. Ray's Corner, 401 Main Avenue 12. Casper's, 420 Main Avenue On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale CLUB 1. Elks Club, 516 Fourth Street 2. VFW Club, 520 Main Avenue 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. 10. Public hearing and action on liquor and wine alcohol beverage license renewals. The annual state liquor and wine licenses expire on December 31, 2001. Listed on the enclosed page are the Brookings establishments requesting renewal of their license. Please note, all are renewals, no new licenses are being requested at this time. In accordance with state law, all license renewals must be acted on by the governing body. The City Council will hold a public hearing and take action on these liquor and wine license renewals on Monday, December 10, 2001 at 5:30p.m. A legal notice, as required by State law, was published on November 30, 2001. The period of renewal is fi·om January 1, 2002 to December 31, 2002. The cost of the liquor license renewal is $1,500 and the wine renewal is $350, both are payable to the City. All renewal applicants were instructed to complete a new State Alcohol application including corporate information. All were required to verifY the application information including their Business Sales Tax Number, number of video lottery machines, if their real estate taxes paid to date and if they have ever been convicted of a felony. Police Chief Dennis Falken has indicated that he has no problem with issuing a renewal to any of the establishments. In accordance with City Ordinance 31-00, the following businesses were also required to remit a check in the amount of $50 per machine in order to qualiJY for your alcohol beverage license renewal: Park Place Inc., Lantern Lounge, Pleasant Lounge, Prairie Lanes Inc., Dakota Ram Inc., Brookings Hospitality LLC, Elks Club, and VFW. All other establishments pay during the malt beverage license renewal period. In order for timely processing, all applications must be returned to the Department of Revenue by December 17, 2001. At which time, the South Dakota Department of Revenue will review the applications to confirm the following: real estate taxes are paid, the owner has not been convicted of a felony, alcohol and sales tax licenses are in the same name and if the sales taxes are paid. There are no unpaid invoices with the liquor store other than that previously reported. Action on the Brookings Hospitality, L.L.C. will depend on information received prior to or at the meeting. Action: Open and close public hearing. Motion to approve -Roll Call Options: I. Approve. 2. Approve with exceptions (such as the Brookings, L.L.C.) City Manager Recommendation: Approve. Brookings, SD LIQUOR & WINE OPERATING AGREEMENTS January 1, 2002 to December 31, 2002 Off-Sale 1. Municipal Liquor Store On-Sale 1. Chevy Lounge, 303 Main Avenue 2. Park Place, Inc., Box 558 3. Jim's Tap, 309 Main Avenue 4. Lantern Lounge, Box 782 5. Pheasant Lounge, 726 Main Avenue South 6. Prairie Lanes, Inc., 722 Western Avenue 7. Dakota Ram Inc., Box 801 8. Safari Lounge, Inc., Box 507 9. Brookings Hospitality LLC 1 0. Danny's, 703 Main Avenue South 11. Ray's Corner, 401 Main Avenue 1 2. Former Casper's agreement 1 3. New agreement Wine 1. 2. 3. 4. 5. Club 1. 2. Skinner's Pub 302 Main Avenue Guadalajara, 1715 6th Street, Suite F Cafe Ruby, 1441 Sixth Street The Jackalope Lounge, 311 Third Street Cubby's Sports Bar & Grill, 307 Main Ave Elks Club, 51 6 Fourth Street VFW Club, 520 Main Avenue Off-Sale On-Sale On-Sale On-Sale On-Sole On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale On-Sale Wine-Beer Wine-Beer Wine-Beer Wine-Beer Wine-Beer Club Club * * * * * * unassigned unassigned * * * Video lottery fees due and payable with license renewal. Other establishments pay during malt beverage renewal period. S:brenda/license/noticcpublichearing.doc 11. Public hearing and action on Resolution No. 56-01, Levying Assessment for Street Assessment Project 01-0lSWR. The enclosed resolution can be approved following the assessment hearing for the ammal sidewallc projects. We have not had any questions since the proposed assessment roll was mailed last week, so I do not anticipate any people at the hearing. After the resolution is passed, we will bill the homeowners for the cost of replacing their sidewallcs. The assessment roll is enclosed. Action: Open and close public hearing. Motion to approve -Roll Call Options: 1. Approve. 2. Deny and have the City pay for the improvements. City Manager Recommendation: Approve. RESOLUTION NO. 56-01 LEVYING ASSESSMENT FOR SIDEWALK ASSESSMENT PROJECT NO. 01-0lSWR WHEREAS, the City Council has provided for the following work to be completed under Project No. 01-01 SWR. (2001 Sidewalk Repair Sites) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation 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 sidewalk improvement heretofore designated as Sidewalk Assessment Project No. 01-01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 01-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel ofland thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Passed and approved this lOth day of December, 2001. CITY OF BROOKINGS Mayor ATTEST: City Clerk 01-0lSWR ASSESSMENT ROLL November 14, 2001 SIDEWALK REPLACEMENT PROJECf PAGE 1 of 2 PROPERTY PARCEL NUMBER lEGAl DESCRIPTION OWNER ADDRESS E. 50' of W 200' OL E & N. 100' Marjorie Kjos 40420-00000·000-3 5 of Lot 4, Block 5 112 9th Street 112 9th Street Olyoes Addition Brookings, SO 57006 Lot 7 Except S 60' David Pedersen 404 20-00600·007 -00 Block 6 125 West 8th Street 12.5 West 8th Street Parkdale Home Addition Brookings, SD 57006 O.L. "B" & Lot 8 Marvin Sessions 40410~00500-008-00 Block 5 131 8th Street 131 8th Street Oyloes Addition Brookings, SD 57006 W. 60' Lots13 &14, All Lots 15 &16 Loran Perry 40435-00200-015-00 Block 2 203 West 7th Street 203 West 7th Street Parkdale Home Replat Brookings, SO 57006 s. 100' of Lot 3 Randai! Rasmussen 40580-00100-003-10 Block 1 2509 S. Newcombe St 310 West 7th Street Snyder's Addition Lakewood, CO 80227 E. 77.5' of the s 85' of MZP 40220-00000-000-00 Outlot "A" PO Box 342 311 Harvey Dunn Street Hanson Addition Brookinqs, SD 57006 Lots1&2 James Cooper 40210-00000-001-00 Halverson's Subdivision 205 7th Avenue 315/317 Harvey Dunn Street Brookings, SD 57006 E. 50' of Lot 1 & E 50' of Jerald Peterson 40450-00200-002-00 S. 1/2 of Lot 2, Block 2 1024 Oakwood Orcle 411 7th Street Peterson's First Addition Brookings, SD 57006 Lot 13 Winks Jewelery 40405-00600-Q 13-00 Block 6 322 Sth Street 425 Main Avenue Original Plat Brookings, SO 57006 E 1/2 of Lot 2, All of Lot 3 Herbert Allen 40365-0!600-003-00 Block 16 609 Harvey Dunn Street 609 Harvey Dunn Street Morehouse Addition Brookings, SD 57006 Lot 4 Arlene Grassel 40520-00200-004-00 Block 2 R.R. 2 Box 31 617 14th Avenue Sanderson's Addition Artesian, SO 57314 Lot 9 Dexter Martin 40455-00400-009-00 Block 4 629 6tll Avenue 629 6th Avenue Peterson's Second Addition Brookings, SD 57006 W 115' of Lot 1 & W 115' of Shirley Voss 40450-00200-001-00 S 1/2 of Lot 2, Block 2 1823 16th Avenue West 702 Main Avenue Peterson's Rrst Addition Brookings, SO 57006 2001 Prices: Remove/Install Curb: $10.49/Ln.Ft. Re.move 4" P.C.C. Sidewalk: $1.01/Sq.Ft. Instal14" P.C.C. Sidewalk: $2.70/Sq.Ft. REMOVE INSTALL SIDEWALK REMOVAL SIDEWALK INSTALLATION (SQH.J. COST (SQ.FLl_ COST 51.48 $51.99 51.48 $139.00 23.32. $2.3.55 23.32 $62.96 529.20 $534.49 529.20 $1,428.84 44.00 $44.44 44.00 $118.80 0.00 $0.00 261.20 $705.24 22.50 $22.73 22.50 $60.75 53.97 $54.51 53.97 $145.72 26.50 $26.77 26.50 $71.55 24.50 $24.75 24.50 $66.15 47.70 $48.18 47.70 $128.79 14.85 $15.00 14.85 $40.10 50.40 $50.90 50.40 $136.08 51.94 $52.46 51.94 $140.24 ~' '#~----...... ?";-'ito, ~~:. ~~ "1)~ ~-.... _.---~] -'~Kon• REMOVE/ REMOVE/ INSTALL INSTAU CURB CURB j_LNH_,)_ ..!!==. o.oo $0.00 0.00 $0.00 o.oo $0.00 o.oo $0.00 o.oo $0.00 o.oo $0.00 o.oo $0.00 o.oo $0.00 0.00 $0.00 a.oo $0.00 o.oo $0.00 o.oo $0.00 o.oo $0.00 , ~'* !; 0 (::'3~ "' ~~ ~ -.? ~<G ~ ~zt~ toe $190.99 $86.51 $1,963.33 $163.24 $705.24 $83.48 $200.23 $98.32 $90.90 $176.97 $55.10 $186.98 5192.70 ?"::· '<::"'_,,.\ "'' -t\ "' o; :;; iZ <1-:.~ November 14, 2001 PAGE 2 of2 01-01SWR ASSESSMENT ROLL SIDEWALK REPLACEMENT PROJECT PARCEL NUMBER LEGAL DESCRIPTION OWNER E 100' of Lot 16 Daniel Wilde 40355-00400·016-00 Block 4 725 7th Street Mnn=hnrtse Addition Bmokinos, SD 57006 Lot 1 & N 1/2 of Lot 2 .lames & Doris Roden 40235-00200-001-00 Block 2 72.7 Main Avenue HPnry Addition Brookings, SD 57006 Lot 5 Tom Magstadt 40458-00400-005-00 Block 4 B08 Candlewood Lane Pheasant's Nest Addition Brookings, SO 57006 E. 25' of Lot "Brr and all of Gary Mark 40355-01400·001-05 "C" Lot 1 809 Harvey Dunn street Block 14, Morehouse Additon Brookings, SD 57006 Sublet "D~ of Lot 1 & Sub lot "A" Judy Kryger 40365-01400-002-00 of Lot 2, Block 14 5845 Shipwatch Place PROPERTY ADDRESS 725 7th Street 727 Main Avenue 808 Candlewood lane 809 Harvey Dunn Street 815 Harvey Dunn Street 2001 Prices: Remove/Install Curb: $10.49/Ln.Ft Remove 4" P.C.C. Sidewalk: $1.01/Sq.Ft. Install4~ P.C.C. Sidewalk: .g.70/Sq.Ft REMOVE SIDEWALK (SQ.FT.) 25.92 83.47 0.00 10.80 27.00 REMOVAl COST $26.18 $84.30 $0.00 $10.91 $27.27 INSTALL SIDEWALK INSTALlATION rsQ.FT.) cosr 25.92 $69.98 83.47 $225.37 691.60 $1,867.32 10.80 $29.16 27.00 $72.90 REMOVE/ INSTALL CURB [LN.FT.) o.oo 0.00 0.00 0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ~ /lz!JI"f7 :.. t ' '" $309.67 $1,867.32 $40.07 $100.17 I Morehouse Addition Indianapolis, IN 46237 / N. 135' of Lot 3, Exc. Easement for Edward Melcher 40115-00100-003-00 Driveway 4'wide on E. Side 906 8th Street CIRVI"ng~rs Additio_Q__ _ ~q_k;ings, SD 57006 "D" of Lot 3 Patrida Davis 40365-01500-003-20 Block 15 1037 81:11 Avenue Mnr!"hntt<;P ArldiHnn Brnnkings, SD 57006 "D" & "E" of Lot 4 Marjorie Hendricks 40365-01500-004-10 Block 15 1038 7th Avenue MnrPhnt t<;P. Arlrlitinn Flrnnkings, SD 57006 S 10' of "B", all of "C" David Hintz 40365-01500-004·05 Block 15 1042 7th Avenue Morehouo:;e Arlrlitinn Brookings, SD 57006 ncn of lot 3 Kevin Mater 40365-01500-003-25 Block 15 1043 8th Avenue MnrPhntt<;P Arlrlitinn Rrnnkings, SD 57006 Lot 36 Steven Hietpas 40170-00000-035-00 Fishback Subdivision 1048 Orcle Drive Rrnnkings, SD 57006 Sublot 1 & Sublet of Lot "A" 40045-00100-0Q0-00 Block 1 Bane & Poole Addition TOTAL leRoy Anderson First National Bank P.O. Box 75 Brookings,SD 57006 906 8th Street 146.52 1037 8th Avenue 111.30 1038 7th Avenue 26.50 1042 7th Avenue 26.50 1043 8th Avenue 26.50 1048 Circle Drive 39.15 1826 6th Street o.oo $147.99 146.52 $395.60 o.oo $0.00 $543.59 $112.41 111.30 $300.51 o.oo $0.00 $412.92 $26.77 26.50 $71.55 o.oo $0.00 $98.32 $26.77 26.50 $71.55 o.oo $0.00 $98.32 $26.77 26.50 $71.55 o.oo $0.00 $98.32 $39.54 39.15 $105.71 0.00 $0.00 $145.25 $0.00 313.90 $847.53 20.50 $215.05 $1,062.58 $9,066.68 12. Public hearing and action ou a House Moving Request from Rhonda Rogers to move a residence, single-family, ranch style home from Sioux Falls South Dakota Housing Development Authority to property described as Lot 6A, Block 3, Sale Barn Addition, also known as 628 61h Avenue South. This request is to move a "Governor's House" onto a lot at 628 Sixth Avenue South. The petitioner has a signed purchase agreement with the owner of the lot. The house meets our code requirements. The area it is being moved into allows mobile homes on frost footings as well as apartments and single-family houses. The adjoining landowners have been notified in accordance with policy. I do not expect concerns to be registered by the neighboring properties. We typically do not require a bond on the moving of a new house. Action: Open and close public hearing. Motion to approve -Roll Call Options: 1. Approve. 2. Approve with further conditions. 3. Deny. City Manager Recommendation: Approve. NOTICE OF HEARING UPON APPLICATION TO MOVE A BUILDING NOTICE IS HEREBY GIVEN That Rhonda Rogers has made an application to move a residence, a single-family, ranch style home from the Sioux Falls South Dakota Housing Development Authority to the property described as Lot 6A, Block 3, Sale Barn Addition, also known as 628 6th Avenue South. NOTICE IS FURTHER GIVEN That said application will be brought on for public hearing before the City Council of the City of Brookings at 5:30 PM on Monday, December 10, 2001, in the Council Chamber in the lower level of City Hall, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 3rd day of December, 2001. Gregg . Jongelin City Engineer 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:\off\movebldg.doc Rhondct Rogv'LJ ,~kehae.[ Hctk.-LYUJOYl 5Z4 6th Ave.nue. SouA:h Pllai!Ue. Me.adow~ M-Lk.e. Mc.C.[e.maYUJ (P.O. Box_ 3) F-Uw,t NcU:-i_onavt Bctnll. 5-th S-tte.10t & Hh Ave.~llle. TfvLe.e. Oakl Li.m;__te_d Pa,'Ltnvuh-i_p (J 311 MC0Ln Ave.nue. South I ~ 1.'(2 I ' .'5 jr----- j ' I f'/' ' l,z'l I f/ou:sE. ?- e· , 1rm•er· • >+e-Wrt C#:'i'fli· ·c 'drlf -q· ··wn&'··rn er m:rwww++++ · An: you nnn:mtly renting an apili liiieiil ill<.tl doesn't fit your f<>lllily',; needs? · i laving iroublt: finding a qudlity hmne at an attnrdc.ble price? ·· w,Hlld you like to stay in your lloll!elown and be able to pun;llase a house? !:! li tr-!~ ~~--_-u----_-:-.~:_!6 '--6 ~--------~ lll;:llJjlhlM-1/D~~ J:,~ 1 ,~~~~~~~~~?l 7 J r ~ ~~-jill.. I ' . ;·~t]l' Dltlii'Jfi ~ . 'I ' ' I '··[/ lL .li~=<l ,j:r:J J> ~ ii " l II ' :1 . li 1 Llllllifi :!: "' I 0 I 1il ~tUtiWlM ~'--ill L -. ---_, ---->-..... ' . ... ..Jjj 1 D' a 11'"11 .. -t2·-r ----~ :Jou tj'-\ 1-L Sia11JaH.J Plan-H~:;:vef'~e Plan Available '"THE GOVERNOR'S HOUSE?' may be the answer! WHY THE GOVERNOR'S HOUSE? * Affordable * Convenient * Energy Efficient * Low Maintenance * Solid Construction * Accessible Q EQUAL HOUSING OPPORTUNITY * Continued Independence * And Much More Call 800·540-4241 for more information. SDHDA Printed 3,000 copies of this brochure at a cost of $378 or 13¢ per copy. No State tax dollars were used. · , rre n mnr ,.-··ssatetrrf "t ··mn, rrwmTE? em Sf'+-·""-+·+ detnmir ncr·· *t'H'''Zt da?"rt 171 · t ' -... THE GOVERNOR'S HOUSE _ ... An Affordable Opportunity To Purchase Your Own Home ~~ I Housing Development Aulhori~r.- P.O. Box 1237 • Pierre, SO 5750 1-12J7 (605)773-3181 nTY(605)773-61 07 1 -800-540-4241 www.sdhda.org AGREEMENT THIS AGREEMENT is made and entered into this day of , , by and betwee~e CITY OF BRO~NGS, a municipal corporation (hereafter the "City") and ~([MilA ~ 91-c:;;c_s WHEREAS, the CITY OF BROOKINGS has determined that a written agreement should accompany any authorized permit to move a structure within the City; and WHEREAS, the intent of said agreement shall be to formally establish: ( 1) any required improvements or the satisfaction of any conditions pertaining to the structure being moved; (2) a timetable for the completion of any required improvements or the satisfaction of any conditions; and (3) the remedies in the event of a failure to perform any of the required improvements or satisfaction of any applicable condition, NOW THEREFORE WITNESSETH: FOR AND IN CONSIDERATION OF THE COVENANTS. PROMISES AND CONDITIONS SET FORTH AND CONTAINED HEREIN, the parties hereto covenant and agree as follows, to-wit: 1 . Description of structure to be moved The structure to bie moved is described as follows: (detailed description. of structure inclu<;Jing approximate age of structure and current location) D h. "'--s. h " '7 r"' 0-ck s. -by / -e._ I"" ,-, ..,_ ('j II) J ('C'!-' ;·~, r .,? '·~ h· (-"\II r ·!=: -~ -. cU } I ._{·~~-../.__.( ~ ·, ,i{_ --~; --~-.r ,) ~ ,.._..._ CCJJ-'\<;::i-J"'t.A.c.-f-rbJ.-..... / Attached to the application for the moving permit are four (4) or more photographs, showing each side of the structure. C:\off\mov-b!dg.aoc 1 2. Proposed location of structure The structure is to be moved to the following address, ---'<L""··.-":2"'--".f'------ <') i x+h Av'<"r\.l,..c_"'-S~""-h= and legal description L"" +-{., A !?>)ex 10:: 3 ) ~I e J?,qrn r:ldd, -b'o·~ The proposed location of the structure is accurately depicted upon the site plan, which is attached to the application for the moving permit. The structure shall be moved to the location set forth in the site plan. 3. Required improvements/conditions to be satisfied and a timetable The following is a complete and detailed list of the required improvements or conditions that must be satisfied as a condition of the approval of the moving permit. The amount of time allowed to complete the required improvements or satisfaction of conditions is set forth for each requirement. Each and all requirements must be timely satisfied or a default shall be deemed to have occurred. Description of required improvement Completion Date ~ ~_j"'-"."'-:..::."'c..:~=.__l+-"2._= C>U::: ~-:::r~u.=·-<-"'~~=--'---=2..= 2. A.ll required improvements and the satisfaction of any conditions must be completed within the time allowed end to the satisfaction of the office of the City Engineer. -:: '.oif\mov-o ld q. a oc 4. Remedies upon default In the event any required improvements or the satisfaction of any condition is not completed to the satisfaction of the office of the City Engineer or within the time allowed, the City may declare a default and elect any or all of the following remedies, upon five (5) days written notice: ( l) Require the removal of the structure following ten ( l O) days written notice; (2) Complete the required improvements or the satisfaction of conditions set forth in this agreement and not satisfactorily completed; (3) CompHe the costs incurred for any improvements undertaken by the City and collect said costs by civil suit; (4) Abate any existing nuisance or exercise any other right or remedy permitted by ordinance or statute: (5) Elect any other remedy permitted by law, including requiring specific performance of the terms of this agreement. IN WITNESS WHEREOF, the parties hereunto have read and understand this agreement and have set their hand and seal the day and date first above written. CITY OF BROOKINGS By: ______________________ __ Michael WHiiams, City Manager ATTEST: City Clerk Witness Permitee NOTICE THE OWNER OR HIS DESIGNEE MUST OBTAIN A BUILDING PERMIT BEFORE ANY CONSTRUCTION BEGINS ON THIS SITE. C: '.ofi\mov-b ld g. a oc 3 ADDENDUM THIS ADDENDUM is made and entered into by and between the City of Brookings, South Dakota, a municipal corporation, hereinafter referred to as "CITY", and ____________________________________________________________ __ This addendum is intended to supplement and become a part of that certain agreement entered into by and between the parties hereto on WHEREAS, the Uniform Building Code requires in Section 3404 that buildings or structures moved into or within the City of Brookings shall comply with the provisions of the Uniform Building Code for new buildings or structures, and WHEREAS, the City of Brookings has determined that a performance bond is required to provide adequate security for the completion of all required improvements to the structure, and it is also necessary that a building contractor obtain the performance bond to insure completion of the structure in accordance with the Uniform Building Code, now therefore IT IS HEREBY MUTUALLY COVENANTED, AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES AS FOLLOWS, TO-WIT: 1. The owner of the house to be moved shall secure the services of a building contractor who is bondable so that the building contractor may procure a performance bond to secure the completion of the required improvements to bring the building into compliance with the provisions of the Uniform Building Code. The building contractor is -------------------------- doing business as----------------------------------------- 2. The building contractor shall provide to the City, a performance bond in the amount of $ , securing the performance of the attached agreement in accordance with the terms set forth therein. 3. The performance bond shall be filed with the office of the City Engineer prior to the issuance of any permit to move the structure within the City. ::::',oft\mov-b!dg. aoc IN WITNESS WHEREOF, the parties hove hereunto set their hand and seal. Dated this dayof _________________ _ CITY OF BROOKINGS Mayor (SEAL) ATTEST: City Finance Officer Dated this _____ of __________________ _ Owner of structure to be moved Printed name C:\off\mov-bldg. doc 5 13. Action on Resolution 62-01, a resolution dissolving the City of Brookings Housing and Redevelopment Commission for the purpose of electing to participate in the Brookings County Housing and Redevelopment Commission. For a number of reasons, HUD has detennined that the current organization of the Brookings HRA is not proper. The Commission operates for both the City and the County, but are technically two Commissions operating under a joint powers agreement. This caused jurisdictional problems. As we prepared documents to correct the problems, the Commission, the county, and I discussed the issue. It is the recommendation of all involved to dissolve the City HRA and utilize a County HRA to operate for the City and the County (the City is a part of the County). The County has agreed to appoint three city residents to the Board so that we are represented. Ifthere ever was a representation problem or the City has a need for its own HRA, we could always start a City HRA again. This takes care of the issue, is more efficient, and probably places the HRA in a better position for future grants as it will represent a broader area. The County Board is going to appoint current members Margo Dempsey (May, 2002), Stephen Chappell (May, 2004), and Cyndy Boesch (May, 2005) as the city representatives. The County representatives will be Emil Klavetter (May, 2003) and Scott Hult (May, 2006). Lionel Torgrude was a member, but a county employee cannot serve. The terms are consistent with these individual's current terms. The statute states that we can dissolve an HRA by resolution so this would accomplish that, however our HRA is established by ordinance. So, the next item on the agenda is the ordinance that will dissolve the HRA. Action.· Motion to approve-Roll Call Options: 1. Approve. 2. Deny and pursue arrangements to continue both HRAs with a joint powers agreement. City Manager Recommendation: Approve. RESOLUTION NO. 62-01 RESOLUTION DISSOLVING THE CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION FOR THE PURPOSE OF ELECTING TO PARTICIPATE IN THE BROOKINGS COUNTY HOUSING AND REDEVELOPMENT COMMISSION. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the City) as follows: Upon the effective date of this Resolution, the City of Brookings Housing and Redevelopment Commission shall cease to exist, except for the purpose of winding up its affairs. All of the rights, contracts, obligations, and property, real and personal, of the City ofBrookings Housing and Redevelopment Commission shall be transferred to and become vested in the Brookings County Housing and Redevelopment Commission, provided that all bonded indebtedness, if any, issued by the City of Brookings Housing and Redevelopment Commission shall remain a lien against the income and revenues ofthe housing project pledged to the payment of such bonds. All rights and remedies of any person against the City ofBrookings Housing and Redevelopment Commission may be asserted and enforced against the Brookings County Housing and Redevelopment Commission to the same extent that they might have been against the City of Brookings Housing and Redevelopment Commission. Passed and approved this IOtl' day ofDecember 2001. CITY OF BROOKINGS Virgil H. Herriott, Mayor ATTEST: Shari Thomes, City Clerk 14. Introduction and first reading of Ordinance 18-01, an ordinance repealing Article 1 of Chapter 19 ofthe revised ordinances of the city of Brookings and pertaining to the dissolution of the city ofBrooldngs Housing and Redevelopment Commission. See number 13. City Manager Recommendation: Approve. ORDINANCE NO. 18-01 AN ORDINANCE REPEALING ARTICLE I. OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO DISSOLUTION OF THE CITY OF BROOKINGS HOUSING AND REDEVELOPMENT COMMISSION BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Resolution 62-01 has dissolved the City of Brookings Housing and Redevelopment Commission for the purpose of electing to participate in the Brookings County Housing and Redevelopment Commission. Accordingly, Article I of Chapter 19 which pertains to the City of Brookings Housing and Redevelopment Commission is hereby repealed. II. Any or all ordinances in conflict herewith are hereby repealed. F~STREADING: ______________________ __ SECONDREADING: ------------------------------ PUBLISHED: ----------------------------------- CITY OF BROOKINGS, SOUTH DAKOTA Mayor Virgil H. Herriott ATTEST: Shari Thomes, City Clerk 15. Public hearing and action on Resolution 59-01, approving the City of Brookings Vision 2020 Comprehensive Plan. This resolution will adopt the comprehensive plan and approve the new zoning districts within it. The Council can amend this plan in any way it desires. For example, if someone desires to change the zoning of the area discussed at the last meeting, I suggest that it be addressed with a motion to amend after a motion to approve the plan. The Council can adopt the plan as recommended, it could change a portion of the proposed zoning change, or it can leave the zone as it is presently zoned. The _<!f_eajn.theJI_flodway cannot be developed; so one zone or the other seems appropriate to me. / . .'~:----~ \ Action: t_;;n to~p~rove~IJplrta!l Options: 1. Approve. 2. Amend and approve. 3. If there are many things that the Council desires to change then deny and send back to the Planning Commission. City Manager Recommendation: Approve. RESOLUTION NO. 59-01 A RESOLUTION ADOPTING THE CITY OF BROOKINGS VISION 2020 COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed Vision 2020 Comprehensive Plan for the City of Brookings, SD; and WHEREAS, the City Council determined that said Comprehensive Plan should be adopted and supersede the previously adopted Comprehensive Plan adopted December 27, 1966;and WHEREAS, the City Planning Commission of the City of Brookings, SD has recommended approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BROOKINGS, SD: THAT the Vision 2020 Comprehensive Plan is hereby adopted for the City of Brookings, with said plan to supersede the previous Comprehensive Plan. The Vision 2020 Comprehensive Plan shall be on file in the office of the City Clerk and is available for public inspection by any interested person. Passed and approved this IO'h day of December, 200 I. CITY OF BROOKINGS Virgil H. Herriott, Mayor ATTEST: Shari Thomes, City Clerk + Maintain an equitable distribution of parks, open space and trail systems throughout the community, taking care that facilities are tailored to suit the needs of the neighborhoods they serve + Connect parks, schools, playgrounds and other public sites to a recreational corridor POLICIES Policies should shape the actions of the City into a consistent, workable plan. They can be community wide in scope, apply to a general area or pertain to a neighborhood or use. Community 1. Create suitable transition zones between low density residential areas and intensive nonresidential uses. 2. Encourage apartment, institutional, office and limited commercial uses with side street access as alternatives to commercial strip development. 3. Encourage conveniently located neighborhood commercial centers designed in such a way that will not create land use conflicts. 4. Promote annexation of land contiguous to the City prior to rezoning or development. 5. Prohibit development on land, which is not adjacent to substantially developed land. 6. Maintain an adequate supply of development land within the area of planned development. 7. Identify land, which is environmentally unsuitable for construction. 8. Continue a comprehensive approach in planning utility and drainage systems. 9. Encourage high-density housing next to arterial streets, major activity centers, and South Dakota State University. Image 10. Protect historic dwellings and other architecturally significant buildings from incompatible development. 11. Allow flexibility in density and land use when subject to detailed project review by the City. 12. Utilize and preserve natural drainage systems to the greatest extent possible 13. Protect stream corridors, the aquifer and other significant natural areas from incompatible development. Downtown 14. Maintain CBD boundaries in order to prevent encroachment of downtown uses into adjacent neighborhoods and to more fully utilize the existing CBD area. 15.AIIow flexibility and density of land use in the redevelopment of the existing CBD. 16. Protect significant historic and architectural assets in the CBD from destruction and incompatible development. C:\comp-plan\vision2020.doc 4 open space for students. In addition, Medary and Hillcrest have the ability to expand if warranted by increased enrollments or services. Central, on the other hand, has limited expansion capabilities due to its design and location. Current education and population issues will likely impact the operation of the Brookings School District during the planning period. Statewide, enrollment figures currently decrease from 1500 to 1800 students per year. Decreased enrollments translate into less funding to schools based on a per student, state aid formula. This usually causes personnel and program reductions and delays improvements. For Brookings, it may even cause the closing of one elementary school or create serious discussions regarding consolidation or shared services with adjoining school districts. It is unclear over the long term how the anticipated population growth of Brookings will offset the expected loss of students and the declining rural population. Parks, Trails and Open Spaces Parks, trails and open spaces are an important part of a healthy community. A park may offer a wide range of activities for all ages or cater to a specific age group or particular activity. Parks are a common place to hold community events and are major destination points for visitors and tourists. Trails and linear parks have sprung up everywhere largely due to the rail abandonment process that has occurred throughout the country and a growing desire of urbanites for convenient recreation areas. Open space preservation has become a popular component of urban planning due to an increased environmental awareness within our society. It has been shown to enhance the value of a development by preserving environmentally sensitive lands and protecting natural resources. Parks, trails and open spaces are amenities that reflect a community's values. Therefore, it is important to provide ample opportunities for all citizens to participate in outdoor activities and enjoy the beauty of the natural surroundings. Brookings has 18 established park locations throughout the city. They are categorized as a community, neighborhood, playground or special use park. Service area, function, and size are characteristics that are commonly used to define the type of park. Community parks are generally 15 acres or larger and provide a wide range of activities and facilities. They usually serve several neighborhoods or an entire city. Neighborhood parks range from 5 to 15 acres and are designed for playgrounds, ballfields and courts. These parks serve adjoining residential areas. Playgrounds are smaller versions of neighborhood parks. The typical activities are primarily youth oriented and open space is limited. They are generally up to 5 acres in size. The last category is a special use park. These parks focus on one major activity and vary greatly in size. Edgebrook Golf Course is a special use park. The current park system has approximately 420 acres of managed parkland. This includes the community, neighborhood and playground parks that are maintained regularly. It also includes the special use parks except for Northbrook Park. The National Recreation and Park Association has recommended guidelines for the amount and type of parks a community should have based on its population. Nationally, a C:\comp-plan\vision2020.doc 28 recognized standard for parks ranges from 7 to 10 acres per 1,000 population. Brookings has 8.8 acres/1 ,000. The special use parks vary widely from city to city and, therefore, are not included in the standards. The final component of the park system is the future park areas. The city has identified ten more park sites that will add another 220 acres in the future. This includes 135 acres that will enlarge Southbrook Park. The remaining 85 acres will provide recreation opportunities for some developing residential neighborhoods and future, fringe areas. The current trail system contains a 6.25 mile continuous loop through the south part of Brookings and about 1.5 miles of additional trail that winds through several neighborhood and playground parks. The trail has an all weather bituminous surface and provides recreational opportunities for walkers, joggers, bicyclists, rollerbladers and other recreationists. Open spaces in Brookings have been, historically, temporary in nature. They exist only until a business, industry or subdivision expands. This is due to the fact that the land poses minor developmental barriers and the perception that the land is too economically valuable to leave undeveloped. Recently, the growth of the city has extended south into areas that have limited potential for development due to lowlands, and major drainageways. The City of Brookings has taken the first step in preserving open space by purchasing tracts of land along Medary Avenue South. These lands will be used as stormwater detention facilities and reserved wetland areas. Developing new parks, trails and open spaces to meet the recreational and leisure time needs of the community's residents will be a challenge. Development of new park facilities must be coordinated with new residential growth so residents will have convenient access to a neighborhood or playground park. Attention must also be given to the changing demands for recreation. Modifying or introducing new activities into existing parks should be explored on a continuing basis. Designing and extending the trail system should be considered on a community- wide level. Linking new trails to the existing system requires careful consideration of adjacent residential developments. Balancing the privacy needs of abutting property owners with the growing demand for this type of recreation is important. It may be necessary in some areas to obtain additional right-of-way in order to install sidewalks and trails side by side. It is also critical to explore extending the trail system into the northern part of the city or creating an independent loop in combination with SDSU. A perimeter greenbelt established along the floodplain fringe is another option that would serve recreational needs and signify the edge of future urban development. The continued growth of our park system could be enhanced with the development of a parkland dedication ordinance. The key issues in such an ordinance include the location, quality and amount of land and proper use of fees in lieu of actual land dedication. This ordinance would compliment or be included in the subdivision ordinance. A well-drafted ordinance could benefit the community, neighborhood residents and the developer. C:\comp-plan\vision2020.doc 29 CITY OF BROOKINGS PARKS NAME TYPE ACRES ACTIVITIES Arrowhead neighborhood 11.2 playground, recreation trail, courts, ballfield BlairHill neighborhood 19.0 future nature area with ponds and trails Camelot neighborhood 7.3 athletic fields, playground, court, recreation trail Central playground 1.4 ballfields, playground Dwiggins/Medary neighborhood 22.5 athletic complex, skateboard park Edgebrook special use 150.0 golf course/range, exercise course, recreation trail First National Bank special use 81.0 soccer fields, playground, picnic area, recreation trail Gustafson special use 11.0 future pond, picnic area Hillcrest community 16.2 pool, courts, playground, picnic areas/shelters Indian Hills playground 3.9 playground, recreation trail, ballfield, court Larson community 15.0 playground, courts, ice arena, trail, picnic areas, sledding hill, skating pond Lions playground 2.3 court, skating pond, playground, ballfield Medary neighborhood 16.7 athletic fields, playground, exercise course Mickelson playground 13.3 court, recreation trail, athletic fields Moriarty neighborhood 10.0 future playground, ballfield Northbrook special use 60.0 garden plots, go-kart track, archery range Pheasant Nest neighborhood 14.1 recreation trail, playground, ballfield Pioneer community 15.6 picnic areas, athletic field, courts, playground, bandshell Prairie community 40.0 future Rotary playground 1.3 nature Sarah Renee playground 2.2 future playground Sexauer neighborhood 20.5 campground, playground, picnic areas, athletic fields South brook community 135.0 future nature area with recreation trails and ponds South brook special use 25.0 softball fields Southside playground 2.8 athletic field, playground, picnic area Telkamp playground 3.0 future playground, ballfield, courts TOTAL 700.3 XIII. CONCLUSIONS AND RECOMMENDATIONS Vision 2020 established a set of goals, objectives and policies for the community that will guide the city's decision making process regarding future development patterns. Following the plan will be important if we endeavor to make Brookings a community that enhances the lives of its' citizens. Drawing from policies and statements to be found in this document, the principle recommendations are: 1. Adopt the Comprehensive Plan and begin implementation of the various components 2. Implement changes to the Zoning Ordinance that reflect the intent of the Comprehensive Plan 3. Adopt a new Subdivision Ordinance that incorporates the current policies regarding street and land design, access restrictions, easements, parks and open space and utility improvements 4. Promote economic diversity 5. Encourage housing developments of all types 6. Reduce the amount of vacant/undeveloped land within the city 7. Rezone the parcels recommended in the plan 8. Emphasize orderly, compact growth 9. Maintain the Floodplain Management Program 10. Adhere to the commercial cluster development proposals outlined in the plan 11. Encourage parks and other open space in new residential neighborhoods 12. Establish adequate travel routes between intensive employment areas and existing and planned residential growth areas 13. Pursue an interchange at milepost 129 on 1-29 14. Maintain the feasibility of an overpass at milepost 130 on 1-29 15. Plan for the eventual expansion of Eighth Street South into a 5 lane arterial 16. Revisit the Railroad Plan when decisions concerning the potential expansion and track location are finalized 17. Create a master plan for commercial development around the MultiPlex 18. Promote the growth of the park system and maintenance of existing facilities 19. Protect the aesthetic areas within the community from incompatible uses 20. Create aesthetic gateways into Brookings and enhance destination points 21. Require that minimum landscape standards be adhered to by all new developments 22. Review the issues directly related to planning that are contained in the Historic Preservation Plan. 23. Continue to incorporate design features into streets that result in attractive view corridors 24. Limit urban expansion into Brookings County until a reduction in the large amount of vacant land occurs within the city 25. Maintain large-lot zoning in the Agricultural District 26. Support the revitalization efforts in the Central Business District 27.Adhere to the annexation guidelines set out in the plan 28. Encourage the development of a unified Capital Improvements Program that will identify future capital projects in advance of actual need C:\comp-plan\vision2020.doc 42 ISSUES-I-Oola;ted "R" Me S-i.rtgle-Fwnu.y tus e A •1 AWEsT HWY 14 BYPASS ------ \\ B-3 FLOOVWA!I 1-1 \ \ \, 1~1R ', " -:=~.:JD ,, <! \&( 1:=:: J[J); 1~\ ' ! 1-1~ ISSUES-IM.ta.ted "R" Me, 6loodiva.y, / . LOOVWAY .i i ,r-._i 7\ ,-· L!! y I l I p-r--. I i'\/1 ~~ '". ;__I j) i .___) -1A i 1JSS UES-FD,oodiva.y, a.c.c.e-6-6, u!iba.n .o Vtvic.u, erivvwnme.n:tai I unde,'velope.d I WEST H YlY 14 BY? ASS I I I I ! I I I-1R I FLOOVWAY / \ I w ~~-------1~\ [<'11'----~,---__! ___ _ r-------_j'r~: ! "'' I ~~i 1 , I ,--------1 I /1 / / / 2 1~-..L' -B-, . : ·. I : \ -~ I i ill I ' / Ill I I \ R-1Ai \ R-3A 'l-t ! ~I \ \ \ I ---~, ____ l_i -~ 1 ,--1 I I ! I iii I p_ ijj 16. Action on final change order for the Fishback Soccer Field grading project (action deferred from 11126 meeting). As discussed at the previous Council Meeting, this is an extension of the time allowed for the completion of the project. It will cause the assessment of three days of liquidated damages. The same information from the previous meeting is enclosed. Action: Motion to approve -Roll Call Options: 1. Approve the change order as recommended. 2. Amend and approve. City Manager Recommendation: Approve. Civil Design Inc Civil Engineers & Land Surveyors November 9, 2001 Mr. Gregg Jongeling PE!LS City Engineer City of Brookings 311 3rd Avenue Brookings, SD 57006 RE: Soccer Field Grading City of Brookings Mr. Jongeling: 520 Third Avenue, Suite A Brookings, SD 57006 Phone: 605.696.3200 FAX: 605.696.3220 email: info(il)civildes.com Web Site: \VViw.civildes.com Enclosed are the completed Project Estimate and Final Change Order for your signature. As all work under this contract is complete, the remaining question pertains to the issue of liquidated damages. Under the contract, the completion date was September 17, 2001. Liquidated damages specified in this contract are $500 per day. Final inspection and acceptance was November I, 2001. Therefore, completion of the grading contract was 44 days past the contract completion date. Although we realize that the City Council will make the final decision relative to the assessment of liquidated damages, we would like to provide some background for their decision. Under the contract, liquidated damages in the amount of $22,000 could be assessed. The contract amount of $159,207.20 was $30,904.30 under the next bidder, and $196,440.90 under the Engineer's estimate for the project. The Parks, Recreation and Forestry Department issued a contract for irrigation with a start date of September 17, 2001. From the time the irrigation contractor began work, to the completion of the grading work, it is our estimation that the irrigation contractor was delayed a total of three days. To our lmowledge, with the exception of the grading, irrigation was the only work to be performed on the soccer complex tbis year. Aside from the delay to the completion of the irrigation, no other actual damage to the City is !mown. From our perspective, the one issue that could be cause for time extension is the variance in the available topsoil. Soil profiles were provided by the owner and included in the plans for the contractor's information. On construction, it was discovered that topsoil depths were over- reported by as much as 50%. Tins caused the contractor to handle much of the topsoil at least twice, since topsoil had to be stockpiled for later use. Tins situation was not anticipated and Page2of2 Letter to G. Jongeling November 9, 2001 despite the vatiation from planned construction, there is no request for additional compensation from the contractor. Also, at the request of Mr. Frerichs, additional work was performed by the contractor on the tournament field. Tiris work involved redisttibution of topsoil from one half of the field to the other half and then placement of more suitable topsoil on top 4" to 6" to achieve the final grade. Tiris work was performed by the contractor without request for additional compensation or contract time. ill general, we believe all involved would agree that the contractor has been nothing but cooperative throughout the entire project. Any and all reasonable requests were honored without dissent. The contractor was genuinely interested in providing the owner with the final product desired, whether he bid it or not. Tiris type of attitude and cooperation is unusual in this business and from our perspective, although frustratingly slow at times, the final product was worth the wait. Based on the above information and consultation with the imgation contractor and Mr. Frerichs about project timelines, we recommend that the City Council assess three (3) days of liquidated damages equivalent to $1500. Tiris amount accounts for the irtigation contractor's time lost. Having saved almost $31,000 from the second bidder, the issue of liquidated damages assessment should not cause any issue with any of the other bidders. The City of Brookings was the recipient of first rate quality work at a bargain basement price and we therefore recommend that liquidated damages be limited to three days. Respectfully, c:~ Carey Bretsch, PE ----.... President Enclosures: cc: File Letter from Rodney Lowe Construction 11/5/2001 Final Project Estimate Final Change Order Allyn Frerichs Rodney Lowe Construction 25452 485th Avenue Garretson, SO 57030-6117 ROONEY LOWE (605) 594-6271 LEO LOWE (605) 594-6639 November 5, 2001 TO: City of Brookings RE: Penalty This letter is in regards to the request for contract extension and penalty clause. I believe there should be no penalty enforced for three reasons. 1) Extra work on the tournament field. 2) Material to be used for the south road. Suitable material was not found in the west end of the borrow area, requiring extra work outside the borrow area to find suitable material. 3) The biggest issue was the depth of the black dirt. discovered immediately and required stockpiling and dirt that was not planned. Had this not been done, caused major problems. This was moving black it would have I believe this more than offsets any penalty. I apologize for any inconvenience this may have caused. Rodney E. Lowe SOUTH DAKOTA STATE UNIVERSITY CONSTRUCTION CHANGE ORDER Construction Change Order No. _ _,_F.,.IN'-"A'-'L"'------------Sheet -"'-1 __ Of _ ___.2'----- >roject No: -~2"-'0"'0"'-1-,0cc15,____ _____ County: __ --"B,.,R,O,_,O"-'I"'G"'-N'-'G"'S"------Contract Amt.: $ 159,207.20 Type of Work: ___ ____,G"'t"'·a,d"'in.,.g""o"-f-"S"'oc"'c""er'--'F"'i"'el,d"'s,_,, C""i""tyL-"'of'-'B"-'r'-"o""oki,·"'n""gs,___ _________________ _ Contractor: ____ ~R"'o,d.,n"'e"-y~L.,o"'w-"-e-"C"'o"ns,_,t"'ru,_,c"'ti"'o_,_n,,_,G"'a"'r'-'-r-"et"'so,n"'-,-"S"'D'----------------------- Line Stnd. Bid Item Quantity Current Changes Price Current No. Item No. Description As Now In Quantity And Change Ordered (+or-) Unit in Amount (+or-) B-7 15" RCP, F&l 152.0 +28.0 $25.00/LF +700.00 B-9 15" RCP Safety End 6 +2.0 $425.00/EA +$850.00 ~ONTINUATION SHEET(S) TOTAL INCREASE $ CONTINUATION SHEET(S) TOTAL DECREASE--------"-$ _________________ _ FINAL: YES X NO· ___ _ APPROVED BY: R~~fotetSr~ 1-l-o I .JATE NET INCREASE ( +) NET DECREASE(-) NET CHANGE THIS ORDER ( + or -) NET PREVIOUS CHANGES NET CHANGES TO DATE APPROVED BY: $ __ ~+~$~1~5~5o~.~oo"--- $ __ _c-$"'----'"-o.""oo"----- $ __ _,.+"'$""1 ""5 5'-'o"". o,o __ $ __ ~+~$ __ 0~·~00"----- $ +$ 1 550.00 City Manager, City of Brookings, SD DATE BACKUP SHEET TO ACCOMPANY CONSTRUCTION CHANGE ORDER NO. -----~F'-'in.,a"-1 _____ _ SHEET --~2,_ __ OF _ _,2,__ __ PROJECT NO .. ___ _e2,0!!.01;.:-y0"'15'------------COUNTY '-----"B"'r"-oo,I,d"'ng""s'--------- CONTRACTAIYIOUNT __ ~·~1~6~0~7~57~.~20~----------------------------- TYPEOFVVORK~----~G~r~a~d~in~g~of~S~o~c~c~e~r~F~ie~l~d~s,~C~i~ty~o~f~B~r~oo~l~d~nEg~s--------------------- CONTRACTOR. ______ ~R~o~d~n~e~y~L~o~w~e~C~o~n~s~tr~u~c~ti~o~n~,G~a~rr~e~ts~o~n~,~S~D~--------------------- The following change in plans and/or specifications for the subject project is hereby made: B-7-15" RCP. F&I: Increase 28.0 LF Pipe culvert was installed in the ditch at Medary Avenue. This Pipe was not included in the original contract. Contractor paid at unit price. B-9-15" RCP Safety End: Increase 2.0 Each Safety Ends for the pipe installed at Medary Avenue, not included in the original contract. Contractor paid at unit price. PREPARED BY: __ ,£~~"6,~·i~-;x...<-O?·· ._;;_' _/~---------DATE:--LJ//'-;f-A-"s'-,··~1-4_ .. -'-~--- Rodney Lowe Construction 25454 485th Avenue Garretson, SO 57030 Bid Item Number Item Description B-1 Mobilization B 2 Incidental Work B-3 Grubbing B-4 Unclassified Excavation 8-5 Borrow Unc!ass. Excavation B-6 Topsoil Placing B-7 15" RCP, F & I B 8 24" RCP, F & I I B-9 15" RCP Safety End ' B 10 24" RCP Safety End Project Estimate -Soccer Complex Grading City of Brookings, SD Date: November 9, 2001 Contract Contract ceo Unit Total Units Quantitv Amount No. Cost To Date LS 1.00 $ 5,000.00 $ 5,000.00 1.00 LS 1.00 $ 2,000.00 $ 2,000.00 1.00 LS 1.00 $ 2,500.00 $ 2,500.00 1.00 CY 73863.00 $ 51,704.10 $ 0.70 73,863.00 CY 84947.00 $ 67,957.60 $ 0.80 84,947.00 CY 38291.00 $ 19,145.50 $ 0.50 38,291.00 LF 124.00 $ 3,100.00 F $ 25.00 152.00 LF 100.00 $ 3,200.00 $ 32.00 100.00 EA 4.00 $ 1,700.00 F $ 425.00 6.00 EA 4.00 $ 2,900.00 $ 725.00 4.00 $159,207.20 Total Costs to Date $160,757.20 \;ontract Amount $159 207.20 Estimate Number Final Quantity Quantity Cost Prev. Est. This Est. To Date 1.00 0.00 $5,000.00 0.30 0.70 $2,000.00 0.80 0.20 $2,500.00 65000.00 8863.00 $51,704.10 65000.00 19947.00 $67,957.60 20000.00 18291.00 $19,145.50 0.00 "152.00 $3,800.00 0.00 700.00 $3,200.00 0.00 6.00 $2,550.00 0.00 4.00 $2,900.00 Previous Payments $115,1 oo.oo Total Paid This Estimate $45,657.20 dii:1 Prepared By: £ ~ ~ -- Civtl Design I c City of Brookings Representative _________ _ Contractor Representative f~ (' cf.rw~ Prepared by: CD! Page 1 of 1 Rodney Lowe Construction 25454 485th Avenue Garretson, SO 57030 Bid Item Number Hem Description B 1 Mobilization B 2 Incidental Work B 3 Grubbing B 4 Unclassified Excavation B 5 Borrow Unclass. Excavation B 6 Topsoil Placing B 7 15"RCP,F&I B 8 24" RCP, F & I B-9 15" RCP Safety End B 10 24" RCP Safety End Project Estimate-Soccer Complex Grading City of Brookings, SD Date: November 9, 2001 Contract Contract ceo Unit Total Units Quantity Amount No. Cost To Date LS 1.00 $ 5,000.00 $ 5,000.00 1.00 LS 1.00 $ 2,000.00 $ 2,000.00 1.00 LS 1.00 $ 2,500.00 $ 2,500.00 1.00 CY 73863.00 $ 51,704.10 $ 0.70 73,863.00 CY 84947.00 $ 67,957.60 $ 0.80 84,947.00 CY 38291.00 $ 19,145.50 $ 0.50 38,291.00 LF 124.00 $ 3,100.00 F $ 25.00 152.00 LF 100.00 $ 3,200.00 $ 32.00 100.00 EA 4.00 $ 1,700.00 F $ 425.00 6.00 EA 4.00 $ 2,900.00 $ 725.00 4.00 $159,207.20 Total Costs to Date $160,757.20 l~ontract Amount $159 207.20 Estimate Number Final Quantity Quantity Cost Prev. Est. This Est. To Date 1.00 0.00 $5,000.00 0.30 0.70 $2,000.00 0.80 0.20 $2,500.00 65000.00 8863.00 $51,70410 65000.00 19947.00 $67,957.60 20000.00 18291.00 $19,145.50 0.00 "!52.00 $3,800.00 0.00 '00.00 $3,200.00 0.00 6.00 $2,550.00 0.00 4.00 $2,900.00 .· I Previous Payments $115,1 oo.oo Total Paid This Estimate $45,657.20 ~ / .· I Prepared By: ~ --- Civil Design I c City of Brookings Representative _________ _ Contractor Representative Jf~ C" cfc~~ Prepared by: CD! Page 1 of 1 POLICY ON ADMINISTERING CONSTRUCTION CHANGE ORDERS The City of Brookings regularly awards contracts for various types of construction projects. Changed conditions, alternate materials, plan changes, omissions, errors, owner directed changes, etc. often require change orders to the construction contract. Policy guidance from the City Council to direct the administration of such change orders is necessary. The City of Brookings' policy on administering Construction Change Orders (CCO's) is as follows: 1. The City Manager is hereby authorized to approve CCO's and proceed with the change in work. A final contract amendment will be submitted to the Council for official city action in order to adjust the original contract to match the final project cost. This action is necessary for auditing purposes. 2. The City Manager may not approve any CCO that changes the Council-approved scope of the construction project. 3. The City Manager may not approve any CCO that increases any item of work in the contract by more than $25,000. 4. The City Manager may not approve any CCO that increases the project budget. 5. All CCO's that increase project costs must be funded with the project contingency fund. 6. The City Manager will report CCO's to the City Council in a timely fashion. 9.7.7 The cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be borne by the Contractor. 9.7.8 If. during the course of the performance of any testing, inspection, control, balancing, adjusting, or similar work by the Contractor or an agent of the Contractor, it is the opinion of the NE that the Contractor or said agent has failed to perform such work in a satisfactory manner, the Contractor shall, at his own expense, retain the services of a service organization which is satisfactory to the NE for the performance of such work. 9.8 Litigation/Arbitration. 9.8.1 Unless otherwise specifically provided in this Agreement, all claims, counter-claims, disputes or other matters in questions between the Owner and the Contractor arising out of, or relating to this Agreement, or the breach thereof, will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of South Dakota. Notice of a request for arbitration shall be sent in writing to the other party to this Agreement within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall a request for arbitration be made after the applicable statute of limitations for such claim under South Dakota Law has run. If the party receiving the notice of request does not agree to arbitration in writing within ten (1 0) calendar days, it will be deemed that the parties do not mutually agree to arbitrate the matter. A request to arbitrate shall not be deemed a condition precedent to the institution of legal proceedings. If the parties agree to arbitrate, the provisions of SDCL Chapter 21-25A shall apply. 9.8.2 The Contractor shall carry on the Work and maintain its progress during any dispute or arbitration or litigation proceedings, and the Owner shall continue to make payments to the Contractor to the extent required by the Contract Documents and South Dakota Law. 10.1 Definitions. Article 1 o TIME 1 0.1.1 The Contract Time is the period of time allotted in the Construction Contract for Substantial Completion of the Work as defined in Sub-Article 1 0.1.3, including authorized adjustments thereto. 10.1.2 The date of commencement of the Work is the date established in the Notice to Proceed. 10.1.3 The date of Substantial Completion of the Work is the date certified by the NE when construction is sufficiently completed in accordance with the Contract Documents so that the Owner can occupy and utilize the Project for the use for which it is intended, and such Work is fully completed in accordance with the Contract Documents except for minor items, adjustments or corrections which have no material effect upon the utilization, function or intrinsic values of the entire Project, including all of its mechanical, electrical and other systems and facilities. 1 0.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 10.2 Progress and Completion. 1 0.2.1 All time limits stated in the Contract Documents, including the Construction Completion Schedule, are of the essence of the Contract. 10.2.2 The Contractor shall begin the Work on the date of commencement as defined in Sub-Article 10.1.2. He shall carry the Work forward expeditiously with adequate lorces and shall achieve Substantial Completion within the Contract Time. 10.3 Delays and Extensions of Time. 10.3.1 If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the NE, or by any employee of either, or by changes in the Construction Completion Schedule required by the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes not caused by the labor practices of the Contractor or any Subcontractor in contravention of applicable labor practices, fire, unusual delay in transportation, severe and unusual weather conditions not reasonably anticipatable, unavoidable casualties, or any other causes beyond the Contractor's control and not occurring due to the fault or neglect of the Contractor, any Subcontractor or any other person for whose acts the Contractor is responsible, then the Contract Page 40 ~~~~~~~~~~--~-- Time shall be extended by Change Order for such reasonable time as the Owner shall determine, or the Owner may elect to require the Contractor to accelerate the Work, in which case the Contract Sum shall be increased by a Change Order in the amount of the direct cost to the Contractor (exclusive of overhead and profit of necessary over- time labor). 1 0.3.2 Any claim for extension of time shall be made in writing to the Owner with a copy to AlE not more than ten (10) days after the commencement of the delay; otherwise it shall be waived. In the case of continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect on such delay on the progress of the Work. 1 0.3.2.1 Such claims shall set forth in detail the nature of the circumstances which form the basis for each such claim, the date upon which each such alleged cause of delay began, or began to affect the timely prosecution of the Work, and ended, or ceased to have an adverse effect upon the timely prosecution of the Work, and the number of days extension of time requested as a consequence of each such alleged cause of delay. The Contractor shall provide such supporting documentation as the Owner may require, including, where appropriate, a revised Construction Completion Schedule indicating all of the activities affected by the 1 D. circumstances which form the basis for the claim. 1 0.3.2.2 The Contractor shall not be entitled to a separate extension of time as a consequence of each one of a number of causes of delay which may have a concurrent or interrelated effect on the progress of the Work. 1 0.3.2.3 The Owner shall have the right to defer his decision or decisions with reference to any claim or claims for an extension of time made pursuant to the provisions of this Article until the facts or circumstances which form the basis for such claim or claims may be fully assessed to the Owner's reasonable satisfaction. 1 0.3.2.4 Notwithstanding the provisions of Sub-Article 1 0.3.2, claims for an extension of time arising out of authorized changes in the Work shall be made in writing prior to or concurrent with the submission of the Contractor's proposal pursuant to such change. No extension of time arising out of changes in the Work will be granted subsequent to the date upon which the Contractor is authorized to proceed with such change or changes in the Work unless specific provisions governing a subsequent determination of an extension of time have been incorporated in such authorization to proceed with such change or changes in the Work. No claim for damages or separate compensation for delay arising from such change in the Work shall be recognized or be deemed valid, it being understood that any additional cost to the Contractor arising from such change shall be included in the amended Contract Sum set forth in such Change Order. 1 0.3.3 If no agreement is made stating the dates upon which interpretations as provided in Sub-Article 4.13 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations until fifteen (15) days after written request is made for them, and not then unless such claim is reasonable. ~~~~~~~~~~~-----------~ 1 0.3.4 Should the Contractor fail to substantially complete the Work within the time agreed upon in the Contract Oocuments, or within such extra time as may have been allowed by increases in the contract or by formally approved extensions granted by the Owner, the Contractor and the Contractor's surety shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: $500.00. This sum shall be considered and treated not as a penalty but as liquidated damages due the Owner from the Contractor by reason of inconvenience to the public, added cost of engineering and supervision, and other items which have caused an expenditure of public funds resulting from the Contractors failure to complete the work within the time specified in the contract. In addition to liquidated damages, if any delay on the part of the Contractor, any Subcontractor or Sub-subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable results in any claim by third parties against the Owner or the AlE arising out of such delay, the contractor shall pay, satisfy, and discharge all losses, damages and expenses arising out of such claims, including attorneys' fees, and shall ·Indemnify and hold harmless the Owner and the AlE and their agents and employees from and against all costs, fees, losses, damages, and expenses arising out of such claims enforced against the Owner or the AlE. L--------------:----:----:-----------=-=\ __ 1 0.3.5 No extension of time will be granted to the Contractor for any delay other than those described in Sub-Article 10.3.1. 1 0.3.5.1 Should the Contractor fail, refuse or neglect to supply a sufficiency of workmen or to deliver the materials with such promptness as to prevent delay in the progress of the Work, or fail in any material respect diligently to commence and prosecute the Work and to proceed in accordance with the approved construction schedule, or if the different parts thereof are not commenced, prosecuted, finished, delivered or installed in such manner as will insure substantial completion in accordance with the approved Construction Page 41 (, 11. 11. scr sul Pa: ba~ 11. 1 Completion Schedule, or if the Contractor shall fail in the performance of any of his obligations under this Contract in any material respect, the Owner shall have the right to direct the Contractor, upon three (3) days notice at the Contractor's cost and expense, to furnish such additional labor and to expedite deliveries of materials (or the Owner may furnish such labor and expedite such deliveries at the cost of the Contractor), which labor or expediting shall, in the Owner's opinion, be sufficient to speed up and complete the Work in accordance with the Construction Completion Schedule. 1 0.3.5.2 If such additional labor shall not be available, the Owner shall have the right to direct the Contractor at the latter's own cost and expense, to work overtime to such an extent as will be sufficient, in the Owner's opinion, to speed up and complete the Work as herein provided. 1 0.3.6 The Contractor's right to make a claim or claims for an extension of time, as provided in Sub-Article 1 0.3.1, shall not preclude the Contractor's right to make a claim for delay damages arising out of the Owner's significant interference, by action or inaction, with the Contractor's Work. 10.4 Beneficial Occupancy. 1 0.4.1 The Owner shall have the privilege of Beneficial Occupancy and the use and benefit of designated areas, subdivisions or portions of the Project prior to completion and acceptance of the entire Project, provided that such Beneficial Occupancy shall not unduly interfere with the Contractor's operations nor unduly delay him in completing the entire Work. Such occupancy and use shall be further subject to the provisions set forth herein and the provisions of SDCL § 5-18-13. 1 0.4.2 In the event that the Owner desires to exercise the privilege of Beneficial Occupancy, he shall give reasonable notice to the AlE and the Contractor. If the AlE determines that such proposed occupancy is reasonable and proper, the Contractor shall cooperate with the Owner in providing services and facilities reasonably required for the health, safety and comfort of the occupants and other parties lawfully present and/or entering or leaving the premises. Mutually acceptable arrangements shall be made between the Owner and the Contractor with regard to procedures, terms and conditions governing the operation and maintenance of such se!Vices and facilities as may be utilized for the benefit of the Owner. The Owner will assume proportionate and reasonable responsibility for operation of systems, equipment and/or utilities required to provide such services, in part or in total, including proportionate and reasonable expenses of operation incidental thereto. No such Beneficial Occupancy shall accelerate the commencement of any warranty period on any system but only on the particular components being utilized. 10.4.3 The Owner's Beneficial Occupancy or use of such designated areas, subdivisions, or portion of the Work shall not constitute acceptance of systems, materials, or elements of the Work which are not in accordance with the requirements of the Contract Documents; nor relieve the Contractor from his obligations to complete the Work; nor for responsibility for loss or damage due to or arising out of defects in, or malfunctioning of, systems, materials, equipment, or elements of the Work; nor from other unfulfilled obligations or responsibilities of the Contractor under the Contract. If, however, damage results solely from any act of the Owner, the Owner will assume its proportionate responsibility for such damage. Article 11 PAYMENTS AND COMPLETION 11.1 Contract Sum: The Contract Sum is stated in the Agreement for Construction. 11.2 Schedule of Values: Before the first Application for Payment, the Contractor shall submit to the Owner and AlE a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner and AlE may require. The format and number of copies of such Applications for Payment shall be as directed by the Owner and the AlE. This schedule, unless objected to by the Owner, shall be used as a basis for the Contractor's Applications for Payment. 11.3 Monthly Application for Payment. 11.3.1 No later than the fifth (5th) day of each month the Contractor shall submit to the AlE his monthly itemized application for Payment. The Contractor shall not submit more than one pay application per month. The monthly Application for Payment shall be supported by such data substantiating the Contractors right to partial payment as the Owner or AlE may require; including but not limited to City of Brookings Voucher, receipts, releases and waivers of liens. 11.3.1.1 In applying for payment, the Contractor shall submit his monthly payment estimate based upon the approved schedule of work for the project, itemized in such form and supported by such evidence as will show his right to the payment claimed. Claims made on account of materials delivered and suitably stored at Page 42 17. Estimate for consulting services. I have enclosed an estimate from Bernard Morris for providing assistance with the EIS. I also enclosed my letter to him and my request. As you can see, he estimates $13,000 for the entire scope of services. He estimates that items #1 & #2 of my request would be in the $5,000 range. Item #3 requires travel and more time, so that makes up the balance. If he uses less time, the cost would be less. He has reviewed the EIS in preparing this estimate. At this time, I recommend we employ Mr. Morris for items #1 and #2 of my request. Obviously, at the end of item# I we will be moving into #2, but we can discontinue services at any time. As you recall, we approved the budget adjustment to allow payment for this work ($15,000). The EIS encourages the DM&E and communities without agreement to negotiate. Despite the fact that the STB has not ruled on the application, we need a review of the plan and a report to determine our next step. Action: Motion to approve an agreement with Bernard Morris based on the estimate and request of the city manager-Roll Call Options: 1. Approve. 2. Deny, with other direction. City Manager Recommendation: Approve. Wednesday, December 05, 2001 9:32AM Michael Williams City Manager 311 3rd Avenue, PO Box 270 Brookings, SD 57006 Dear Mike, Bernard Morris 217 566 2623 Bernard L Morris Railroad Safetv Consullam 6001 South Willfamsville Road Shennan, IL 62684 Phono 2171566-3725 Fmc. 217/566-2623 December 5, 2001 Thank you for your letter ofNovember 27, 2001 regarding my possible assistance to Brookings and an estimate of my charges for same, now that the Surfuce Transportation Board has issued its :final EIS on the DM&E project. I have reviewed your outline of what work might be entailed (Final EIS attached to your letter). I have also reviewed a substantial portion of the STB's final EIS to determine "how big a hill we have to climb" and the chance of obtaining mitigation beyond the general provisions ofthe STB's final EIS as they apply to Brookings. Parts 1 and 2 of the Final Environmental Impact Statement attached to your letter will not be a problem. Part 3 may be very difficnlt in view ofDM&E's "hard" position taken prior to the :final EIS. Leverage will have to be obtained. However, there is some room nnder the final EIS for further negotiation. My estimate of cost for the work is $13,000. You may contact me at 217/566-3725 if you have any questions. Sincerely, ~/~ PS I have fuxed you a copy of this letter to meet the December 5 deadline. A hard copy is in the mail. p.01 CITY OF BROOKINGS November 27, 2001 Mr. Bernie Morris 6001 South Williamsville Road Sherman, IL 62684 FAX: 217-566-2623 Dear Bernie, Michael Williams City Manager 311 3rd Avenue, PO Box 270 Brookings, SD 57006 605/692-6281 The City Council is interested in obtaining a proposal and estimate for your assistance with the Final Environmental Impact Statement. I have provided an outline of the City's needs at this time. Based on this outline, would you please provide an estimate of the cost of assistance? As you can see, I have broken the work into three sections, not knowing the extent of work needed at this time. The first section is a review of the FEIS with special attention to the mitigation plan and its effectiveness on the negative impacts. This review would be the beginning of formulating an alternative plan, if necessary. I would anticipate a written report that could be provided to the Council prior to you being available at a Council meeting over the telephone. The second section would be the provision of an alternate mitigation plan, if necessary. This plan also could be provided to the Council prior to a meeting in which you would be available over the telephone. The third section is the use of the Proposed Plan in negotiating a Community Partnership Agreement with the DM&E. This would involve travel to Brookings, a meeting with the Council, Negotiations, and a final meeting with the Council. I have not provided you with a copy of the EIS as I do not have a hard copy yet. It is available over the Internet at the STB website and I think you could base an estimate of costs by reviewing it there. I will forward you a copy as soon as possible. I hope to have an estimate from you prior to December 5t11. Please do not hesitate to contact me with questions or comments. Thank you. Sincerely, Michael Williams City Manager attach. FINAL ENVIRONMENTAL IMPACT STATEMENT 1. Review the EIS as it pertains to Brookings, S.D., with special attention to: a. Mitigation of the negative effects of the in-city route recommended in the EIS and that plans' effectiveness i. Safety -pedestrian and vehicle ii. Noise iii. Vibration b. Other mitigation measures that could be installed c. Discuss findings with City Manager and DM&E as necessary and present findings to City via written report and telephone conference 2. Provide a Proposed Mitigation Plan for presentation to the DM&E a. Provide report in writing b. Be available at a Council meeting over the telephone to review the report 3. Assist the City in negotiating a Community Partnership Agreement with the DM&E a. Travel to Brookings b. Meet with City Council c. Negotiate -2 days? d. Meet with City Council 18. City Manager's Report. I will forward a report by the week's end. 19. Council Members Open Discussion. 20. Executive Session-Union Negotiations. I will report on the session to be held on Monday. 21. Adjournment. City /Union Negotiations Status 12/1 0/01 Item Not Yet Resolved: 1. ml!llS:siillffiflgti\iml¥~14 Article 69, Wages Con frd.enf-r~ __, JZ/tolol HandcLLf City presented Last, Final and Best Offer on 12110/01 as follows: 69 A. Commencing January 1. 2002, there shall be a 2.1% increase to the City of Brookings Pay Plan. 69B. Commencing January 1, 2003, the Pay Plan will be adjusted by the Consumer Price Index-Midwest Region (year ending May 2002) with that rate being no lower than 1.2% and no higher than 4.3%. Items Agreed Upon: 2. iB'B~III'"tlsRII~JW.It~i\1111 Appendix A-Official Salary Schedule The new City of Brookings Pay Plan will be implemented on December 31, 2001 with new pay rates assigned January 1. 2002. Using the new 2001 Pay Plan, employees will be placed on the step in their new assigned pay range that is above their current salary. For example, if an employee is currently at Step Fin the 2001 salary schedule, and the closest step in the new range above the current salary is at Step C, the employee would be placed at Step C in the new range. If the 2001 wage rate of a position is in excess of the new assigned grade, the wage of the employee within the position will be frozen until that rate falls within the new assigned pay grade as adjusted in accordance with Article 69. If an employee was at Step Fin the 2001 Salary Schedule and, when placed in the new Pay Plan schedule, the employee is not at Step F. movement through the steps in the assigned grade will occur on January 1 ''of each year beginning in 2003. If an employee was not at Step F in the 2001 Salary Schedule, and not placed at Step F in the new Pay Plan, movement through the steps will occur on their anniversary date as per normal pay progression. 3. §iii'llill§lfilli!'&:ll~tlml~tl~;i! Article 66 -Hazardous Pay Article amended to increase the hazardous duty pay rate by $.25 from $2.50 per hour to $2.7 5 per hour. 4. !lli~m!lis!"'TIWII,Ii'lifiiinC:~$1iil¥g;;!B'Il!l!'llitlggll ~P1Rii9Y~ll1'il1'1'i~1I There are numerous references to the City Commission throughout the labor contract. The contract will be reviewed and all references will be changed to reflect the City of Brookings Manager/Council form of government. s. ~~1!1$) .. 1%llii~lm;l~z«az~i! Article 28-Apprenticeship Program-Delete article. 6. $'l'i'lli1iY Algdi!mu7l09Z!ll Article 33-Political Activity-Amend article to include the following: 33C. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 7. ~itOB!II~ltiB!Iqz~~[fli Miele 44-Safety Policy-Amend article as follows: 44D.l Amend the list of departments to be represented to include City Clerk. 44D.S Delete {all members serve three year terms-no need for reference to staggered terms of original committee appointees) s. ~it:il$';'i.lil!l!ni~liRII?~D,IZIII Article 56 -Travel -Amend article as follows: 56 F. Delete. This section of the article references compensation and reimbursement of expenses for Volunteer Fireman. Volunteers are not represented within the contract therefore it is inappropriate to have this reference within the contract. Amend Vacation Leave, Sick Leave, Insurance, and Longevity Articles to reflect following: In order to earn the accrual or payment of the benefit, the employee must work or use paid leave for at least 50% of the hours payable in the payroll month. 10. ~~~~~~iiJI!lizJBtillml1•Bm Article 44, Safety Policy Amend Section to read as follows: 44E.2 The Safety Committee shall bring to a department management's attention the need for corrective action of any safety and housekeeping problems the Safety Committee deems necessary. It shall be management's responsibility to review and/or investigate the recommendation made and respond to the Safety Committee in writing of the disposition of the recommendation. If the Safety Committee is not satisfied with the response of management or has not received a timely response, the issue can be referred to the City Manager for a final decision on the matter. The City Council of the City of Brookings Report of the City Manager-December 6, 2001 Major Topics 1. DM&E. Bernie Morris' estimate is on the agenda. 2. Youth Council. The last meeting was cancelled because of weather at this time we plan on a meeting on December 13. Possible/Pending Council Action 1. Bunker Gear. I plan to advertise for bids so that they can be opened on the 1 ih for your action on the 17tl'. I will offer some methods of payment at that meeting. 2. Labor Negotiations. We have a session scheduled for Monday the 1oth. 3. Taxi Subsidy. I have enclosed information on the taxi service. Other cities do a variety of things to support transportation, but typically in the area of public transit or a taxi service. This will be on the December 17, 2001 agenda. 4. Health Insurance. New rates will be recommended at the Council Meeting on the 1 ih. I anticipate the cost to be less than budgeted. 5. 2002 Budget Amendment. The Council approved the budget with an increase in the liquor override that would have raised $24,500. $15,000 of this was committed to use in the general fund. The Council then disapproved the ordinance that would have increased the override. It was suggested that a budget amendment be brought to the Council before the beginning of the year. I suggest that this not be done at least until labor negotiations are completed and the health insurance rates are established. These are two major costs that I would like to know prior to making any adjustments. As with any budget, as the year progresses revenues and expenditures are monitored and adjustments are made. I may not see a need for any Council adjustments until later in the year. 6. Annual Audit. I received the completed audit report this week. It is enclosed for your review. I plan to have Dick Ellis present at the Council meeting on December 17, 2001 to answer any questions. Projects 1. Outcomes. Even though you have not completed the Outcomes I am moving forward with the projects such as an analysis of the Enterprise Funds, Advisory Committee reports for review by Council, Personnel Policy review, and others. I would like to schedule another session for Outcomes. 2. Paperless Agenda and Package. We are nearing the time to implement the paperless Council package for the public and the Council. There are real benefits to the paperless format. The public will be able to view the agenda supporting documents on the Internet. We will be able to make the package available to you over the city's website in a secure fashion, e-mail it, or provide it on a disk. We will also be able to project the supporting documents on a screen at the Council meeting so that the public and Council can view the supporting information. Lastly, if you desire to pick and choose which documents you want to print form the file you could. At this time I am wondering about the value oflaptops for Council members. Would Council members really go paperless by bringing a laptop to the meeting and viewing it instead of paper? Or, will we reach the maximum benefit to everyone by having the package in electronic format for now? Other Personnel I. Finance Manager. The process of interviewing seven finalists was conducted on Friday, November 30 and Tuesday, December 4, 200 I. The process included 1h hour with the finance staff, \12 hour with representatives of the management team, and 1 hour with the Human Resources Director and myself. (Typically, I would have had a person from outside the organization assist in the interviews, but my choices became unavailable). The final choice was clear to everyone-Rita Thompson of Detroit Lakes, MN. She was the Becker County Treasurer -small world. Anyway, I am familiar with her work and professionalism. She will be an excellent addition to the team. The salary change approved by the Council was necessary and appreciated. The average last salary of the three top choices was over $50,000.