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HomeMy WebLinkAboutCCMinutes_2013_05_2868 Brookings City Council May 28, 2013 The Brookings City Council held a meeting on Tuesday, May 28, 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 City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by McClemans, seconded by Kubal, to approve the consent agenda. A. Action to approve the agenda. B. Action to approve the May 14th City Council minutes. C. Action on Resolution No. 57 -13, a Resolution authorizing Change Order No. 5 for Dakota Nature Park Nature Center; Clark Drew Construction, Inc. Resolution No. 57 -13 - A Resolution Authorizing Change Order No. 5 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. 57 -13 Dakota Nature Park Nature Center: cost to furnish all material and labor to provide ice and water membrane shield over the low slope areas of the wood shake roof in lieu of the #15 felt on the bid documents. Great Plains Roofing: Materials - Ice and Water Shield: 15 rolls @ $85 /roll = $1,275.00; #15 Felt: 15 rolls @ 19 /roll = ($285.00); Labor: 6 man hours @ $35 /hr = $210.00; Superintendent: 1hr @ $65 /hr = $65.00; O /P: Travel: 110 mi @ .51 /mi = $56.10 @ 8% = $105.69; Subtotal: $1,426.78. Clark Drew Construction, Inc.: Subtotal = $1,426.78; O/P @ 6% = $85.60; SD Excise Tax @ 2% = $30.25; Bonding 1.2% = $18.51; Lump Sum Total = $1,561.14. There will be a total addition of $1,561.14. Contract history: $1,198,700.00 original contract sum; $7,577.02 added from previous change orders; $1,207,838.16 new contract amount after change order No. 5. D. Action on Resolution No. 58 -13, a Resolution designating the Mayor as Certifying Officer for ICAP Self -Help Homeownership Opportunity Program. Resolution No. 58 -13 - Resolution Designating Mayor as Certifying Officer for ICAP Self -Help Homeownership Opportunity Program Whereas, the Inter -Lakes Community Action Partnership (ICAP) expects to utilize US Department of Housing and Urban Development Self -Help Homeownership Opportunity Program (SHOP) funds to assist with the purchase of land for housing development purposes; and Whereas, the City of Brookings is required to designate an environmental certifying officer for the purpose of signing required environmental documents pertaining to this grant program; Now, Therefore, Be It Resolved, that the Mayor be hereby designated as the city's official for the purpose of signing environmental correspondence and other required documents and forms for said project. E. Action on Resolution No. 59 -13, a Resolution authorizing Change Order No. 1, East Fire Station Expansion Addition Construction Project; Sunkota Construction. Resolution No. 59 -13 - A Resolution Authorizing Change Order No. 1 for East Fire Station Expansion Addition Construction Project; Sunkota Construction Be It Resolved by the City Council that the following change order be allowed for Resolution No. 59 -13; East Fire Station Addition: Change Order No. 1: Sunkota Construction: Flooring change in pantry, add $1,074.00; Gas line modification to kitchen, add $447.00; Modify exterior sheathing, deduct $992.00; Restroom accessories change, deduct $190.00; Control joints for meeting room, add $1,277.00; Adjust brick allowance, no change; Liquidated damages for delays, deduct $800.00. TOTAL add $816.00. Contract history: Original contract: $750,000.00; Change Order #1 $816.00; Revised contract $750,816.00 F. Motion to abate a portion of the 2012 property taxes for SW % NW1 /4 exc. Sublots A & B of Outlot 1, S27- T110N -R5OW, Parcel No. 06000 - 11050 - 272 -00, for the City of Brookings in the amount of $96.69. G. Motion to abate a portion of the 2012 property taxes for Outlot 2 of the NE % S28- T110N -R5OW, Parcel No. 06000 - 11050 - 281 -10, for the City of Brookings in the amount of $129.54. H. Motion to abate a portion of the 2012 property taxes for Lot 11, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 011 -00 for the City of Brookings in the amount of $83.78. 1. Motion to abate a portion of the 2012 property taxes for Lot 12, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 012 -00 for the City of Brookings in the amount of $90.64. J. Motion to abate a portion of the 2012 property taxes for Lot 13, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 013 -00 for the City of Brookings in the amount of $88.24. K. Motion to abate a portion of the 2012 property taxes for Lot 14, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 014 -00 for the City of Brookings in the amount of $88.24. L. Motion to abate a portion of the 2012 property taxes for Lot 15, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 015 -00 for the City of Brookings in the amount of $88.24. M. Motion to abate a portion of the 2012 property taxes for Lot 1, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 001 -00 for the City of Brookings in the amount of $100.26. N. Motion to abate a portion of the 2012 property taxes for Lot 2, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 002 -00 for the City of Brookings in the amount of $88.24. O. Motion to abate a portion Poole Addition, Parcel No. amount of $88.24. P. Motion to abate a portion Poole Addition, Parcel No. amount of $88.24. Q. Motion to abate a portion Poole Addition, Parcel No. amount of $88.24. of the 2012 property taxes for Lot 3, Block 6, Bane and 40045 - 00600 - 003 -00 for the City of Brookings in the of the 2012 property taxes for Lot 4, Block 6, Bane and 40045 - 00600 - 004 -00 for the City of Brookings in the of the 2012 property taxes for Lot 5, Block 6, Bane and 40045 - 00600 - 005 -00 for the City of Brookings in the 69 70 R. Motion to abate a portion of the 2012 property taxes for Lot 6, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 006 -00 for the City of Brookings in the amount of $88.24. S. Motion to abate a portion of the 2012 property taxes for Lot 7, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 007 -00 for the City of Brookings in the amount of $86.87. T. Motion to abate a portion of the 2012 property taxes for Lot 8, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 008 -00 for the City of Brookings in the amount of $364.98. U. Motion to abate a portion of the 2012 property taxes for Block 8, Bane and Poole Addition, Parcel No. 40045 - 00800 - 000 -00 for the City of Brookings in the amount of $384.90. V. Motion to abate various 2013 Drainage Fees: Lot 11, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 011 -00 in the amount of $47.04; Lot 12, Block 1, Bane and Poole Addition, Parcel No. 40045- 00100 - 012 -00 in the amount of $52.14; Lot 13, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 013 -00 in the amount of $45.56; Lot 14, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 014 -00 in the amount of $45.56; Lot 15, Block 1, Bane and Poole Addition, Parcel No. 40045 - 00100 - 015 -00 in the amount of $45.56; Lot 1, Block 6, Bane and Poole Addition, Parcel No. 40045- 00600- 001 -00 in the amount of $6.90; Lot 2, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 002 -00 in the amount of $6.08; Lot 3, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 003 -00 in the amount of $6.08; Lot 4, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 004 -00 in the amount of $45.56; Lot 5, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 005 -00 in the amount of $6.08; Lot 6, Block 6, Bane and Poole Addition, Parcel No. 40045- 00600 - 006 -00 in the amount of $6.08; Lot 7, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 007 -00 in the amount of $5.96; Lot 8, Block 6, Bane and Poole Addition, Parcel No. 40045 - 00600 - 008 -00 in the amount of $39.06; Block 8, Bane and Poole Addition, Parcel No. 40045- 00800 - 000 -00 in the amount of $51.98. All present voted yes; motion carried. Annual State of the City Message by Mayor Tim Reed. "Community members always ask if I enjoy being Mayor. My response; with growing Sales Tax Revenue, an expanding property tax base, balanced budget, hard working city staff, a Council that works together, and a supportive community, it's not a bad gig. Sales Tax Revenue, Unemployment, and Building Permits Let's start with Sales Tax Revenue. Our 1St and 2nd Penny Sales Tax Revenue had a 5.8% increase in 2012. The rest of state had about the same increase so we did not outperform the regional economy like we did during the recession. It is important to note that in 2012 our revenue exceeded pre- recession levels. The Council has identified a continued need for retail expansion in its 2013 Strategic Plan. We are a growing city and sales tax is still our largest revenue source. We must aggressively work to avoid retail leakage. Also increasing by 5.8% was the 3rd Penny or Triple B Sales Tax Revenue. The growth in restaurants and a continued effort to improve our visitor industry is paying dividends. I applaud the efforts over the past year to reorganize and refresh the Convention and Visitor Bureau (CVB). The new and improved CVB will help us continue to grow our Sales Tax Revenue. Our effort to add a Convention Center to the Swiftel Center did not work out this year. We need to continue to work towards the ability to bring more conventions to Brookings. 71 Another good sign for the economy are building permits. In 2012, 52 permits were issued, for a total value of more than $42 million dollars. The last two years saw a big recovery from the low of $27 million in 2010. Unemployment in Brookings continues to fall. It is important to note that January 2012 through April 2012 average unemployment was 3.95 %, and this year over the same period is 3.625 %. We have not, and do not want to return to pre- recession levels of 2 %. While the current level is okay, we know we will have a need for workers when Bel Brands starts production. Work force is a key issue and the Council needs to work with the Brookings Economic Development Corporation to develop our work force. Beside the issue of attracting people to Brookings, there is a nation -wide problem of workforce alignment. As per the National League of Cities, 9 out of 10 city officials noted during a recent survey that the available workforce in their towns are either under and over - qualified for the available jobs. Capital Projects A lot of, well most of, the work last year focused on capital projects. It would take too long to list all of the projects. A few of the larger projects finished were the joint Brookings City & County Administrative Building, storm drainage improvements, Public Safety Building, the Fire Training Building, and other infrastructure projects. All projects were done on -time, and on- budget. Thank you city staff. These projects put the City in good physical shape to meet our constituent's needs. 2012 Accomplishments A sample of other accomplishments; Our library received exemplary accreditation from the SD State Library Association; a very high distinction. Many private groups help fund the library and deserve our appreciation; 3M, Science at the Pub, Golden K Service Club, Dairy Queen, and the Friends of the Library. The Council changed to a study session once a month versus meeting an hour before action meetings twice a month. Although this has been more work for the City Clerk's Office, City Manager, and all staff, the Council appreciates getting a more thorough look at issues in a more casual format. Another highlight is through the use of purchase cards versus cutting a check. A savings of approximately $67 per transaction was realized. The Council receives Annual Reports from all the Departments highlighting work accomplished in 2012. Again we would be here all night and into the morning if I spoke to each accomplishment. Thank you to all the Departments. Brookings has a lot in store for 2013 and beyond. Bel Brands Bel Brands construction has been a big economic boost and will continue into 2014 when the plant becomes operational. At that time we will see even more economic gain from an increase in the employment base. Since the announcement last year, we continue to realize how good of an investment this project is for Brookings and the region. Some incredible Bel Brands Plant construction statistics through April 30, 2013: • 1,600 precast panels placed, 192 miles of strand was used and 11,872 yards of concrete, enough to pour a 3' x 4" sidewalk for 60.71 miles • 47,000 ceramic wall tiles mounted (31,333 sq.ft) • 180,000 floor tiles laid (36,000 sq.ft) • 150 ceiling panels installed • 3 miles of sprinkler pipe installed • 2,678 yards of concrete floors poured • 102,241 man hours spent by 39 different companies 72 SDSU The City of Brookings and South Dakota State University have experienced and shared significant success over the past five years. Together the University and Brookings will build on this success over the coming five years by collaborating to become a higher performing community. SDSU President Chicoine will be presenting South Dakota State University's Strategic 5 -Year Plan: IMPACT 2018 next month and will then return for a Council Study Session for more discussion. Here are SDSU's goals which are important to Brookings future: • Increase graduation total from 2,419 to 2,660. • Increase student retention rate from 75% to 80 %. • Increase Brookings (on campus) student enrollments from 10,306 to 11,405. • Students on campus help our economy and growth; plus South Dakota needs the graduates. • Increase Research spending from $68.7 million to $115 million. Research takes smart people, adding jobs directly to our economy, and increases the possibility of offshoots of new companies and growth in wealth. • Increase Startup companies from 5 to 15. This activity will help the Research Park at SDSU. • Increase on- campus event attendance from 202,076 to 248,650. Our visitor industry heavily relies on SDSU performing arts, visual arts, athletics, and other events. Areas of Focus for 2013 There are several areas of focus for the coming year: We need to focus on becoming a high performing city government. The example of the savings from using purchasing cards versus cutting checks shows there are areas of savings to be found. 1 look forward to what using Lean processes can bring us. We need to control general fund labor and operating expenses. Last year during budget discussions, I presented our increases were not sustainable. We are using more of 2nd Penny and 3rd Penny Funds to fund items previously funded from 1st Penny, Property Taxes, and other income sources of the General Fund. The 2 "d Penny, 3rd Penny, and Pillow Tax are our Investment Funds. We have used those funds to build a high quality community, which has resulted in growth and economic prosperity. We need to have the funds to invest in large projects like we did with the library, Performing Arts Center, Larson Ice Arena, and Swiftel Center. We don't make those investments years ago, we are not in the great position we are today. I call on my fellow Council Members to make some serious 2014 Budget challenges of Jeff and his staff. We need to work to hold expense growth to the rate of our General Fund Revenue growth. Our 2014 Budget should start to show Lean results. Infrastructure is always a top priority. The Main Avenue South Project is critical to the growth of Brookings. Development follows infrastructure, and our growth shows we need to develop infrastructure to the south. I would like to thank Brookings County for taking a look at improving 34th Avenue. The 34/20 Project (34th Avenue / 20th Street South) continues to be important to the Brookings. Having 34th Avenue completed first will alleviate traffic at the 1 -29 and 6th Street off -ramp. The Secretary of SD Department of Transportation, Darin Bergquist, will be here next week for a community tour and dialogue. Our goal is for Darin and his staff to see firsthand our transportation issues and concerns. I believe we do a good job on transparency, but always need to look for new opportunities to share information with the public. I have been reading with interest that several city 73 governments are using the internet to share all financial records of the city. I believe a citizen should be able to see details of all city expenditures. If the Council agrees, I believe this is a good topic for discussion at our retreat early 2014. The Council included Electronic Citizen Engagement through the internet as a goal for 2013. Our constituents vary in their ability to join us during Council meetings and voice their opinions. People are busy and are not always available or have time to join us at City Hall for our meetings. The internet is a great way to collect the thoughts of our constituents. You will soon see more on this project. The Sustainability Council will present this year an indicator system to provide guidance on what initiatives would provide the most value. We need to continue to make sure we are looking toward a sustainable future for the City of Brookings. So much more could be discussed. Consider this a taste of the exciting opportunities for Brookings. Thank You A big thank you to the citizens of Brookings, our volunteer boards and committee members, Jeff Weldon and his staff, the City Clerk's Office, and my fellow Council Members. Without ALL of you, none of our accomplishments would be possible. Closing We must continue to be a High Performing, High Quality City Government to continue to make Brookings a place to Bring Your Dreams." Resolution No. 53 -13. A motion was made by Niemeyer, seconded by Kubal, to approve Resolution No. 53 -13, a Resolution rejecting all bids for a heavy hydraulic tool system for the Fire Department. All present voted yes; motion carried. Resolution No. 53 -13 - Resolution Rejecting All Bids for Heavy Hydraulic Tool System Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, April 30, 2013; and Whereas, the City of Brookings has received the following bids for Rescue Tools: M &T Fire & Safety, Inc. for the amount of $71,278.00; Allegiant Emergency Services for the amount of $97,059.00. Now Therefore, Be It Resolved that all bids are rejected for purposes of re- evaluating equipment needs. Resolution No. 60 -13. A motion was made by Kubal, seconded by Corbett, to approve Resolution No. 60 -13, a Resolution awarding contracts for the manufacture and installation of a 65' Pedestrian Bridge at the Dakota Nature Park. All present voted yes; motion carried. Resolution No. 60 -13 - Resolution Awarding Bid for the Dakota Nature Park Pedestrian Bridge — Phase IV Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, May 21, 2013; and Whereas, the City of Brookings has received the following bid(s) for Dakota Nature Park Pedestrian Bridge — Phase IV: Clark Drew Construction, Inc. for the amount of $96,000.00; Duininck Construction, Inc. for the amount of $136,000.00; and Sioux Falls Construction Co. for the amount of $145,000.00. Now Therefore, Be it Resolved that the bid from Clark Drew Construction, Inc. of Brookings in the amount of $96,000.00 be accepted. 74 Resolution No. 61 -13. A motion was made by Niemeyer, seconded by Kubal, to approve Resolution No. 61 -13, a Resolution awarding a contract for 2013 -01SWR Concrete Maintenance Project. All present voted yes; motion carried. Resolution No. 61 -13 - Resolution Awarding Bids on Project 2013 -01SWR Concrete Maintenance Project Whereas, the City of Brookings opened bids for Project 2013 -01SWR Concrete Maintenance Project on Tuesday, May 21, 2013 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bid for 2013 -01SWR Concrete Maintenance Project: Timmons Construction, Inc., Brookings, SD: $118,446.00. Now Therefore, Be It Resolved that the low bid of $118,446.00 for Timmons Construction, Inc., Brookings, SD be accepted. First Reading: Ordinance No. 08 -13. A first reading was held on Ordinance No. 08 -13, an Ordinance to amend a Conditional Use Permit for a Community Center (Boys & Girls Club) on Block 7, Hyland Addition (1126 Southland Lane). Public Hearing: June 11, 2013 Temporary Liquor License. A public hearing was held on a Temporary Liquor License Application for Ray's Corner for the Spc. Dennis Jensen Memorial Poker Run and Street Dance Fundraiser to be held June 15, 2013 in the 500 block of 4th Street between Main Avenue and 3rd Avenue to the alley. A motion was made by Corbett, seconded by McClemans, to approve. All present voted yes; motion carried. Temporary Liquor License. A public hearing was held on a Temporary Liquor License Application for Ray's Corner for an ABATE Street Dance Fundraiser to be held July 20, 2013 in the 500 block of 4th Street between Main Avenue and 3'd Avenue to the alley. A motion was made by Corbett, seconded by Kubal, to approve. All present voted yes; motion carried. Second Reading: Ordinance No. 06 -13. A public hearing 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. A motion was made by Thorpe, seconded by Kubal, to approve Ordinance No. 06 -13. All present voted yes; motion carried. Revised Preliminary Plat. A motion was made by Corbett, seconded by Kubal, to approve a revised Preliminary Plat of a portion of Moriarty Heights Addition. All present voted yes; motion carried. Resolution No. 62 -13. A public hearing was held on Resolution No. 62 -13, a Resolution annexing the Christie Third Addition in the NW 1/4 of Section 2- T109N -R5OW. (Brookings School District— future elementary school location.) A motion was made by Kubal, seconded by McClemans, to approve Resolution No. 62 -13. All present voted yes; motion carried. Resolution No. 62 -13 - Resolution to annex the following property: Christie Third Addition in the NW'/ of Section 2- T109N -R5OW Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9 -4 -1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three - fourths (3/4) of the legal voters and by the owner or owners of not less than three - fourths (3/4) of the value of said territory; and Whereas, the City of Brookings desires to annex the following described property, to wit: Christie Third Addition in the NW 1/4 of Section 2- T109N -R5OW; and Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings; and Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three - fourths (3/4) of the value of the aforesaid property and by not Tess than three - fourths (3/4) of the legal voters residing in said territory. Now Therefore Be It Resolved by the City of Brookings, South Dakota that the property described above is hereby annexed to the City of Brookings. Resolution No. 63 -13. A public hearing was held on Resolution No. 63 -13, a Resolution annexing the S 229' of the SE' of the NW 'A lying east of the east lot line of the Christie Third Addition in Section 2- T109N -R50W. (City of Brookings — future fire station location.) A motion was made by Niemeyer, seconded by Thorpe, to approve Resolution No. 63 -13. All present voted yes; motion carried. Resolution No. 63 -13 - Resolution Annexing the following property: the south 229 feet of the SE % of the NW % lying east of the east lot line of Christie Third Addition in Section 2 T109N -R50W Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9 -4 -1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three - fourths (3/4) of the legal voters and by the owner or owners of not Tess than three - fourths (3/4) of the value of said territory; and Whereas, the City of Brookings desires to annex the following described property, to wit: The south 229 feet of the SE % of the NW % lying east of the east lot line of Christie Third Addition in Section 2 T109N -R50W; and Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings; and Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three - fourths (3/4) of the value of the aforesaid property, and by not less than three - fourths (3/4) of the legal voters residing in said territory. Now Therefore Be It Resolved by the City of Brookings, South Dakota that the property described above is hereby annexed to the City of Brookings. Second Reading: Ordinance No. 07 -13. A public hearing 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, SD. A motion was made by Bezdichek, seconded by Niemeyer, to approve Ordinance No. 07 -13. A motion was made by Reed, seconded by McClemans, to delete: Section 10 -2, C: "The promoter shall also be responsible for payment of any deductible under said policy." All present voted yes, except Kubal, on the amendment; motion carried. On the original motion as amended, Bezdichek, Corbett, McClemans, Niemeyer, Reed voted yes; Thorpe and Kubal voted no; motion carried. Quarterly Financial Reports. Representatives from Brookings Municipal Utilities presented their quarterly financial reports to the council. Code of Ethics. A motion was made by Kubal, seconded by Corbett, to approve the revisions made to the Code of Ethics for City Council Members. All present voted yes; motion carried. Adjourn. A motion was made by Corbett, seconded by Niemeyer, to adjourn. All present voted yes; motion carried. Meeting adjourned at 8:03 p.m. CITY OF BROOKINGS ��- Tim Reed, Mayor 75