HomeMy WebLinkAboutCCMinutes_2013_05_1464
Brookings City Council
May 14, 2013
The Brookings City Council held a meeting on Tuesday, May 14, 2013 at 6:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John
Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve
Britzman, City Manager Jeff Weldon, and Deputy City Clerk Bonnie Foster were also present.
Certificate of Election and Oath of Office. Mayor Reed presented Council Members Keith
Corbett and Jael Thorpe with their Certificates of Election as they took their Oath of Office for
three -year terms as City Council Members.
Consent Agenda. Resolution No. 52 -13, declaring Fire Dept. equipment surplus, and Resolution
No. 53 -13, awarding contract for Fire Dept. equipment, were removed from the agenda. A
motion was made by Kubal, seconded by Corbett, to approve the consent agenda as amended.
A. Action to approve the agenda, as amended.
B. Action to approve the April 16th and April 23`a City Council minutes.
C. Action on Resolution No. 50 -13, a Resolution authorizing Change Order No. 4 for
Nature Center, Phase II, to provide natural field stone for fireplace, instead of cultured
stone.
Resolution No. 50 -13 - A Resolution Authorizing Change Order No. 4 for Dakota Nature
Park Nature Center -Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Resolution No. 50 -13 Dakota Nature Park Nature Center: Construction Change Order
No. 4. Olson Masonry: Materials: Fieldstone = $788.00; Labor: 6 man hours @ $50 /hr =
$300.00; O /P: Shipping = $300.00; @ 11% = $111.12; Subtotal: $1,500.00. Clark Drew
Construction, Inc.: Subtotal = $1,500.00; O/P @ 6% = $90.00; SD Excise Tax @ 2% =
$31.80; Bonding 1.2% = $19.46; Lump, Sum Total = $1,641.26. There will be a total
addition of $1,641.26. Contract history: $1,198,700.00 original contract sum; $5,935.76
added from previous change orders; $1,206,277.02 new contract amount after Change
Order No. 4.
D. Action on Resolution No. 51 -13, a Resolution authorizing Change Order No. 1 for Trail
Construction, Phase 111, to change substantial completion date from June 1 to June 15
due to weather conditions.
Resolution No. 51 -13 - A Resolution Authorizing Change Order No. 1 for Dakota Nature
Park Trails Construction -Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Resolution No. 51 -13 Dakota Nature Park Trails Construction: Construction Change
Order No. 1. Bowes Construction: Substantial completion date changed from June 1,
2013 to June 15, 2013. Ready for final payment date changed from June 30, 2013 to
July 15, 2013. There will be a no change in the contract financials with this change
order.
All present voted yes; motion carried.
Mayoral Proclamation. A Mayoral Proclamation was read for National Preservation Month —
May 2013.
Resolution No. 54 -13. A motion was made by McClemans, seconded by Kubal, to approve
Resolution No. 54 -13, a Resolution awarding a contract for Park and Recreation Mowers. All
present voted yes; motion carried.
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Resolution No. 54 -13 - Resolution Awarding Bid for the Two 96 -120" Parks Mowers for
Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, April 28, 2013; and
Whereas, the City of Brookings has received the following bid for two mowers (Hustler Super
104 Mowers): Roelofsen Implement, in the amount of $41,400 with an option of $436.00 (two
leaf mulch kits), with a subtotal of $41,836.00. Less $3,000 for trade -ins on 1996 Hustler 4500,
1993 Hustler 4300, 1989 Hustler 340. Total to be expended: $38,836.00. The capital budget for
this expenditure is $79,000.00.
Now Therefore, Be it Resolved that the bid from Roelofsen Implement of Toronto, SD in the
amount of $38,836.00 be accepted.
First Reading: Ordinance No. 06 -13. A first reading was held on Ordinance No. 06 -13, an
Ordinance Authorizing a Supplemental Appropriation to the 2013 Budget for the purpose of
providing for additional funds for the Operation of the City. Public Hearing: May 28, 2013.
First Reading: Ordinance No. 07 -13. A first reading was held on Ordinance No. 07- 13, an
Ordinance Regulating Boxing, Kickboxing and Mixed Martial Arts (Mixed Fighting Style)
Competitions and Sparring Competitions in the City of Brookings, South Dakota. Public Hearing:
May 28, 2013.
Second Reading - Ordinance No. 04 -13. A public hearing and action was held on Ordinance No.
04 -13, an Ordinance regarding a Conditional Use Permit to establish a major home occupation
(massage business) on the South 105 feet of Lots 8 and 9, Block 9, Skinner's Second Addition (1003
3rd St). A motion was made by Corbett, seconded by Thorpe, to approve Ordinance No. 04 -13.
All present voted yes; motion carried.
Second Reading - Ordinance No. 05 -13. A public hearing and action was held on Ordinance No.
05 -13, an Ordinance rezoning Block 1, Gilley Addition, Block 2, Shanley's Addition, Block 2,
Whitehead's Addition, & Block 2, Williams Addition from R -2 to R -1C (1300 Block between 1st St.
and 2nd St). Public Comment: Harry Jones. A motion was made by Corbett, seconded by
Niemeyer, to approve Ordinance No. 05 -13. All present voted yes; motion carried.
On -Off Sale Malt License: The Children's Museum of South Dakota. A public hearing and
action was held on an On -Off Sale Malt License for The Children's Museum of South Dakota,
521 4th Street, Brookings, South Dakota, legal description: Lot 101, Block 1 to include adjacent
north 1/2 of vacated 4th Street, First Addition. A motion was made by McClemans, seconded by
Thorpe, to approve. All present voted yes, except Corbett and Kubal voted no; motion carried.
Resolution No. 55 -13: On -Off Sale Wine Operating Agreement: The Children's Museum of
South Dakota. A public hearing and action was held on Resolution No. 55 -13, a Resolution
authorizing the City Manager to sign an On -Off Sale Wine Operating Agreement for The
Children's Museum of South Dakota, 521 4th Street, Brookings, South Dakota, legal description:
Lot 101, Block 1 to include adjacent north % of vacated 4th Street, First Addition. A motion was
made by Corbett, seconded by McClemans, to approve Resolution No. 55 -13. All present voted
yes; motion carried.
Resolution No. 55 -13 - The Children's Museum of South Dakota Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Agreement for wine between the City of Brookings and The
Children's Museum of South Dakota, for the purpose of a manager to operate the on -sale
establishment or business for and on behalf of the City of Brookings at 5214th Street.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf
of the City, which shall be for a period of five (5) years and renewal for another five (5) years.
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On -Off Sale Malt License: KRAVE, Inc. A public hearing and action was held on an On -Off Sale
Malt License for KRAVE, Inc., Marty K. Syrstad, Owner, 1040 22nd Avenue South, Brookings,
South Dakota, legal description: Track E of Lot 3, Southbrook Addition. A motion was made by
Thorpe, seconded by Niemeyer, to approve. All present voted yes, except Kubal voted no;
motion carried.
Resolution No. 56 -13: On -Off Sale Wine Operating Agreement: KRAVE, Inc. A public hearing
and action was held on Resolution No. 56 -13, a Resolution authorizing the City Manager to sign
an On -Off Sale Wine Operating Agreement for KRAVE, Inc., Marty K. Syrstad, Owner, 1040 22nd
Avenue South, Brookings, South Dakota, legal description: Track E of Lot 3, Southbrook
Addition. A motion was made by McClemans, seconded by Corbett, to approve Resolution No.
56 -13. All present voted yes; motion carried.
Resolution No. 56 -13 - KRAVE, Inc. Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Agreement for wine between the City of Brookings and
KRAVE, Inc., Marty K. Syrstad, owner, for the purpose of a manager to operate the on -sale
establishment or business for and on behalf of the City of Brookings at 1040 22nd Avenue South.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf
of the City, which shall be for a period of five (5) years and renewal for another five (5) years.
City Council member introduction of topics for future discussion.
A motion was made by McClemans, seconded by Kubal, to move the Code of Ethics discussion
from the May 21st agenda to the May 28th council meeting agenda. All present voted yes;
motion carried.
Ad ourn. A motion was made by Niemeyer, seconded by Kubal, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:57 p.m.
'Shari Thornes, City Clerk
CITY OF BROOKINGS
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Tim Reed, Mayor
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