HomeMy WebLinkAboutCCMinutes_2013_06_1176
Brookings City Council
June 11, 2013
The Brookings City Council held a meeting on Tuesday, June 11, 2013 at 6:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Mike McClemans,
Tom Bezdichek (arrived 6:17 p.m.), Ope Niemeyer and Keith Corbett. Council Members Jael
Thorpe and John Kubal were absent. City Attorney Steve Britzman, City Manager Jeff Weldon
and City Clerk Shari Thornes were also present.
Consent Agenda. A motion was made by Corbett, seconded by Niemeyer, to approve the
consent agenda.
A. Action to approve the agenda.
B. Action to approve the May 215t City Council minutes.
C. Action on Resolution No. 64 -13, a Resolution declaring Police Dept. equipment and
abandoned bikes as surplus property.
Resolution No. 64 -13 - Resolution for the Surplus City Property and Abandoned Bicycles
Whereas, the Brookings Police Department has furniture, miscellaneous equipment
and recovered abandoned bicycles over the past year and maintains a list of said
property and bicycles; and
Whereas, the Brookings Police Department has determined the usefulness of said
property has expired and the bikes have been cleared for disposal; and
Whereas in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property; and
Whereas, the City Manager is authorized to sell the attached listed property declared
surplus by the City Council.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6 -13.
Property List: 6 filing cabinets of various sizes, 30 misc. desks and overhead storage
bins, 2 book cases, 6 misc. shelving, a table, old car mounted police radios, 10 various
sizes of chairs, overhead lighting unit, cabinets, 5 doors, 2 spotlights, 3 plastic cases, a
battery charger, 7 gun cases, 16mm projector, misc. kitchen items, misc. camera
equipment, trays of film paper, a Polaroid camera, bike rack, 22 four ft. rolls of silk,
broken chalk box, keep right sign, 5 sand bags, 3 red and blue light bars, 3 small tires
and rims, a camera tripod, 5 oak shelves, a 19 "tv, 7 car laptop computer mounts, a dual
cassette player, a computer tower, a VCR, misc. car hardware, 2 spools of Christmas
lights, flashlights, cones, a metal stand, old uniforms, a removable center console,
computer cords, misc. old leather gear, a small stool, box of leather gloves, 4 gallons of
green paint, 4 Crown Victoria full cages, a visitor parking sign, Santa's toy shop cutout,
homemade metal half cage, orange 8ft ladder, seat belt sign, misc. hand tools, a fire
extinguisher, inflated tractor tube and a large number of bikes: (Tag # /Description /Serial
Number) 1740, Next Break Point Pro, 30056033; 1828, Schwinn Mt Bike,
9NIDC05D06404; 1833, Huffy Highland Adult Mtn Bike, K6518- 9153813; 1845, Next
Powerx, LWIE052544; 1849, Firestone classic old style bike, 0921; 1852, Huffy Leading
edge Mtn., 346G5-9284414; 1853, Next Power X Mtn Bike, CBH2611B; 1856, Mongoose
Threshold Sport, 115FA86177; 1857, MTN Tamer /Vertical, 8549 -65; 1859, Mongoose
Outher Limit Reeestyle, SNFSD10DJ5623; 1860, Schwinn Men's MT Bike, P0FF68922;
1868, Next Breakpoint MTN Bike, 38354007; 1881, Next Avalon CS, L060109426; 1882,
Schwinn Sidewinder Women's MTN Bike, UNK43622; 1884, Huffy Sea Star Childs Bike,
4BCK0M29604; 1885, Next Pwr Climer, 74312877; 1886, Roadmaster Chromium 20" MT
Bike, UNK; 1887, Shimario Hyper Flite 26 Mt Bike, UNK; 1888, Rampage Thruster BMX,
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G10041275820; 1889, Raleigh Technium MT Bike, UNK; 1890, Mongoose XR75,
SNFSDO8G653; 1894, Schwinn Sidewinder MT Bike, SNMN007B3154; 1895, Huffy Rock
Trail, UNK; 1897, Huffy Superia, K6667-9211712; 1898, Next Turbo Kid's Dirt Bike, 8595 -
59H; 1899, Auto Bike Classic, UNK; 1900, Next Power Climber, 38527717; 1901, Huffy
Gnite — Youth MTN Bike, 1L06M000879; 1904, Huffy Highlane MTN Bike, UNK; 1906,
Roadmaster MTN Sport, SNFSD10C56401; 1910, 3/26/2012, Huffy Ultra Terrain 18
Speed Girls, 54159 -0; 1911, Mongoose EFX Adult MTN Bike, SNHUA04L2562; 1912,
Roadmaster MT Fury, SNFSDO7H95431; 1913, Huffy Superia MT Bike Green,
56669163715H6; 1914, Next Power Climber MTN Bike, UNK; 1916, Huffy Stylin Pink,
BB05B44803; 1917, Roadmaster MT Fury MT Mike, GR50966014; 1918, Unknown
Manufacture and Model, 00TD470946; 1919, Unknown Manufacture and Model, UNK;
1920, Trek 7100 MT Bike, UNK; 1921, Apollo Bounty Youth MTN Bike, GW11E02803;
1922, Trek Antelope MT Bike, 13DE1137; 1923, Murray Mountain Scene, XXL -2 -9993-
030.
D. Action on appointments to the Brookings Historic Preservation Commission: Holly
Fetzer - Fickler (filling unexpired term of Ryan Hall, term expiring 1/1/2015) and Leah
Brink (filling unexpired term of Pam Merchant, term expiring 1/1/2014).
E. Action on Resolution No. 65 -13, a Resolution authorizing Change Order No. 6
(decrease of $1,042.44) for the Dakota Nature Park Nature Center; Clark Drew
Construction, Inc.
Resolution No. 65 -13 - A Resolution Authorizing Change Order No. 6
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. 65 -13 Dakota Nature Park Nature Center: cost to furnish all material and
labor to reconfigure the duct work serving rooms 102/111 as detailed in Request for
Proposal #6.
Baete- Forseth: Materials: No cost change as the dampers were made prior to the RP
being generated. Electric Construction: Materials: Smoke Detector = ($34.00); Labor: 5
man hours @ $50 /hr = ($248.00); Subtotal = ($282.00) Clark Drew Construction, Inc.:
Materials: Sheetrock lid @ 103: 768 sf @ $.28 /sf = ($215.04); Access panels: 2 panels @
$79.50 ea = ($159.00); Labor: Sheetrock: 768 sf @ $.38 /sf = ($291.84); Access panels: 2
panels @ $31.00 ea = ($62.00); Subtotal = ($727.88). Clark Drew Construction, Inc.:
Subtotal = ($1,009.88); SD Excise Tax @ 2% = ($20.20); Bonding 1.2% = ($12.36); Lump
Sum Total = ($1,042.44). There will be a total deduction of $1,042.44.
Contract history: $1,198,700.00 original contract sum; $9,138.16.02 added from
previous change orders; $1,206,795.72 new contract amount after Change Order No. 6
F. Action on Resolution No. 66 -13, a Resolution authorizing Change Order No. 7 (increase
of $519.95) for the Dakota Nature Park Nature Center; Clark Drew Construction, Inc.
Resolution No. 66 -13 - A Resolution Authorizing Change Order No. 7 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. 66 -13 Dakota Nature Park Nature Center: cost to furnish all material and
labor to provide one interior light fixture (type S) and eliminate two exterior light
fixtures (type G).
Electric Construction: Materials: Type S Fixture = Non refundable fixture on -site; Type G
Fixture = $475.20; Subtotal = $475.20. Clark Drew Construction, Inc.: Subtotal =
$475.20; O/P @ 6% = $28.51; SD Excise Tax @ 2% = $10.07; Bonding 1.2% = $6.17; Lump
Sum Total = $519.95. There will be a total addition of $519.95.
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Contract history: $1,198,700.00 original contract sum; $8,095.72 added from previous
change orders; $1,207,315.67 new contract amount after Change Order No. 7.
G. Action to cancel the June 18th City Council Study Session.
H. Action on Resolution No. 67 -13, a Resolution amending the Fee Schedule of the City of
Brookings, South Dakota (Boxing, Kickboxing, Mixed Martial Arts and Sparring
Competition Permit).
Resolution No. 67 -13 - Resolution Amending the Fee Schedule of the City of Brookings,
SD (Boxing, Kickboxing, Mixed Martial Arts and Sparring Competition Permit)
Whereas the fines, fees, and procedures pertaining to services of the City of Brookings
shall be reviewed and revised; and
Whereas, license fees have been established by various chapters of the Code of
Ordinances; and
Whereas, the City Clerk license fees shall be revised, pursuant to Ordinance No. 07 -13,
to establish a permit fee for Boxing, Kickboxing and Mixed Martial Arts (Mixed Fighting
Style) Competitions and Sparring Competitions in the City of Brookings, South Dakota.
Therefore, Be It Resolved, that the following permit fee be adopted and become
effective after publication.
City Clerk: Boxing, Kickboxing, Mixed Martial Arts and Sparring Competitions
Per Day $50.00
I. Action on Resolution No. 68 -13, a Resolution Concurring in the Placement of a Stop
Sign on Crystal Ridge Road at its Intersection with Trail Ridge Road.
Resolution No. 68 -13 - Concurring in the placement of Stop Signs on Crystal Ridge Drive
at its intersection with Trail Ridge Drive
Whereas, Section 82 -373 of the Revised Ordinance of the City of Brookings, provides for
approval by the City Council for placement of stop signs in locations other than along
through streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of
the Traffic Safety Committee and the City Manager and approves the placement of a
stop sign at Crystal Ridge Drive at its intersection with Trail Ridge Drive.
All present voted yes; motion carried.
Resolution No. 69 -13. A motion was made by McClemans, seconded by Niemeyer, to approve
Resolution No. 69 -13, a Resolution awarding a contract for two (2) new Rooftop HVAC Units for
the Brookings Activity Center (Brookings Parks, Recreation and Forestry Dept.). All present
voted yes; motion carried.
Resolution No. 69 -13 - Resolution Awarding Bid for Two New Rooftop HVAC Units for the
Brookings Activity Center (Brookings Parks, Recreation and Forestry Dept.)
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, June 4, 2013; and
Whereas, the City of Brookings has received the following bid for two new rooftop HVAC units
for the Brookings Activity Center: Baete - Forseth HVAC: Separate Bid Price (20 ton) in the
amount of $24,600; Separate Bid Price (3 ton) in the amount of $9,200. Combined bid for both
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20 ton and 3 ton units in the amount of $33,000.00. The capital budget for this expenditure is
$33,000.00.
Now Therefore, Be it Resolved that the bid from Baete - Forseth HVAC of Brooking, SD in the
amount of $33,000.00 be accepted.
Resolution No. 70 -13. A motion was made by Corbett, seconded by McClemans, to approve
Resolution No. 70 -13, a Resolution awarding a contract for one (1) 45" minimum remote
control slope mower. All present voted yes; motion carried.
Resolution No. 70 -13 - Resolution Awarding Bid for One (1) 45" Minimum Remote Control
Mower for the Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, June 4, 2013; and
Whereas, the City of Brookings has received the following bid for a One (1) 45" Minimum
Remote Control Mower: Eastern Farm Machinery Ltd. with a bid of $65,032.00 and option of
$3,500.00 (Trailer). The capital budget for this expenditure is $75,000.00.
Now Therefore, Be it Resolved that the bid from Eastern Farm Machinery Ltd. of Guelph, Ont.,
Canada in the amount of $68,532.00 be accepted, including the one option.
Resolution No. 71 -13. A motion was made by Corbett, seconded by McClemans, to approve
Resolution No. 71 -13, a Resolution awarding a contract for the Brookings Runway Re- Alignment
(Phase IA), Project AIP No. 3 -46- 0005 - 025 -2012, Brookings Regional Airport, Brookings, SD. All
present voted yes; motion carried.
Resolution No. 71 -13 - Resolution Awarding Bids for Brookings Runway Re- alignment (Phase IA)
Project AIP # 3 -46- 0005 - 025 -2012
Whereas, the City of Brookings opened bids for the Brookings Runway Re- alignment (Phase IA)
Project, AIP #3 -46- 0005 - 025 -2012 on Thursday, May 30, 2013 at 1:30 pm at Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bids for the Brookings Runway Re-
alignment (Phase IA) Project, AIP #3 -46- 0005 - 025 -2012: Loiseau Construction, Inc. of
Flandreau, SD: Base Bid: $2,196,015.05 and Alternate Bid No. 1: $14.75/ton; Bowes
Construction Inc. of Brookings, SD: Base Bid: $2,752,779.56 and Alternate Bid No. 1:
$19.00 /ton.
Now Therefore, Be It Resolved that the award for the project be made to the low bid of Loiseau
Construction, Inc. for $2,196,015.05 and Alternate Bid No. 1 for $14.75/ton, contingent upon
FAA and SDDOT concurrence.
Resolution No. 72 -13. A motion was made by Niemeyer, seconded by McClemans, to approve
Resolution No. 72 -13, a Resolution Authorizing Change Order No. 2 (CCO #2) for Brookings
Runway Re- Alignment Project (Phase I), AIP #3 -46- 0005 - 025 -2012 ($28,973.27 increase for
fencing, millings and conduit). All present voted yes; motion carried.
Resolution No. 72 -13 - A Resolution Authorizing Change Order No. 2 (CCO #2) for Brookings
Runway Re- Alignment Project (Phase I) AIP #3 -46- 0005 - 025 -2012
Be It Resolved by the City Council that the following change order be allowed for Brookings
Runway Re- Alignment Project (Phase I), AIP #3 -46- 0005 - 025 -2012, Construction Change Order
Number 2:
Adjust various bid items to "as- constructed" quantities, add bid items to utilize the runway
millings as subbase instead of stockpiling them, new deer /raccoon fence with electric wire as
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required as part of the land purchase negotiations, and for 3" PVC electric duct for a total
increase of $28,973.27 to the contract.
Bezdichek arrived at 6:17 p.m.
Resolution No. 73 -13. A motion was made by Corbett, seconded by McClemans, to approve
Resolution No. 73 -13, a Resolution authorizing the transfer of real property to Brookings
Economic Development Corporation, Inc. for Economic Development Purposes. All present
voted yes; motion carried.
Resolution No. 73 -13 - A Resolution Authorizing the Transfer of Real Property to Brookings
Economic Development Corporation, Inc. for Economic Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the Brookings Economic Development Corporation, Inc. desires to purchase
approximately nine and six - tenths (9.6) acres of real property for the price of $17,500 dollars
($17,500) per acre. The real property is described as follows: Lot One (1) of Block Five (5) in
Telkamp Industrial Addition to the City of Brookings, County of Brookings, State of South
Dakota; and Lot Three "C" (3C) of Block Five (5) in Telkamp Industrial Addition to the City of
Brookings, County of Brookings, State of South Dakota.
Whereas, for the express purpose of furthering economic growth and development of the City
of Brookings, South Dakota, the Brookings Economic Development Corporation, Inc. agrees to
sell, convey or otherwise transfer said property to a legal entity which is, or will be, conducting
business in the City of Brookings, South Dakota; and
Whereas, it is in the best interests of the City of Brookings that the City provide its economic
development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Brookings; and
Whereas, the City is authorized to enter into this transaction as an economic development
activity under the laws of the State of South Dakota.
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota,
as follows: A) That the City convey title to the above- described property to the Brookings
Economic Development Corporation, Inc. for sale of the above - described property to a business
in accordance with this Resolution; and B) That the Mayor, City Clerk, City Manager and City
Attorney are authorized to execute the required documents to complete this transaction in
accordance with this Resolution.
Ordinance No. 08 -13. A public hearing 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). A motion was made by Niemeyer, seconded by Corbett, to
approve Ordinance No. 08 -13. All present voted yes; motion carried.
Temporary Street Closure: 11th Street. A public hearing was held on a request to temporarily
close the east half of the 900 Block of 11th Street (from the alley to Medary Avenue) for six
months. A motion was made by Corbett, seconded by Niemeyer, to approve. All present voted
yes; motion carried.
Annual Malt Beverage License Renewals. A public hearing was held on the Annual Malt Beverage
Alcohol License Renewals. A motion was made by Corbett, seconded by Niemeyer, to approve the
following Malt Renewals for the 2013 -2014 calendar year: On -Off Sale Malt (retail): Aramark /
McCrory Gardens Visitors Center, 16th St. & 22nd Ave.; The Blizzard, 924 32nd Ave.; BraVo's, 610
Medary Ave.; Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22nd Ave. So.;
Carpy's Pub, 700 22nd Ave. So.; Casino 2000, 622 25th Ave.; The Clothes Line Lounge, 727 Wilson
Ave.; Cottonwood Bistro, 1710 6th St.; Cubby's Sports Bar & Grill, 307 Main Ave.; Danny's, 703
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Main Ave. So.; The Depot, 919 20th St. So.; EdgeBrook Golf Course, 1415 22nd Ave. So.; El
Rancho, 420 Main Ave.; Gas 'N Mor, 600 6th St.; George's Pizza & Steakhouse, 311 Main Ave.;
Guadalajara, Village Square Mall #1; Main Street Pub, 408 Main Ave.; Old Sanctuary, 928 4th St.;
Pizza Hut #2769, 418 6th St.; PNP Pub, 318 2nd St. So.; Ray's Corner, 401 Main Ave.; Rian Corp.,
Italian Garden, 1300 Main Ave. So.; Sake, Inc., 724 22nd Ave. So.; Schoon's PNP Pub South, 1203
Main Ave. So.; Sixth Street Diner, 615 Main Ave. So.; Swiftel Center, 824 32nd Ave.; Wooden
Legs Brewing Co., 309 5th St., Suite 100. Off -Sale Malt (package): BP of Brookings, Inc., 2420
6th St.; CHS (dba Zip Trip #63), 1005 6th St.; CHS (dba Zip Trip #64), 3045 LeFevre Dr.; El Tapatio,
Inc., 1717 6th St.; Fireside Inc., 2515 E. 6th St.; Gas N Mor, 600 6th St.; Hy -Vee Food Store, 700
22nd Ave.; Hy -Vee Gas, 716 22nd Ave. So.; Jim's Tap, 309 Main Ave.; Newman's Kerr McGee, 503
6th St.; Pints & Quarts, 313 Main Ave.; Schoon's Pump -n -Pak, 202 S. Main Ave.; Sully's Irish Pub,
421 Main Ave.; Wal -Mart Supercenter #1538, 2233 6th St. Off -Sale Malt and Off -Sale SD Farm
Wine (package): Casey's General Store #1694, 620 8th St. So.; Casey's General Store #2198, 122
West 6th St.; Casey's General Store #2419, 534 22nd Ave. So. All present voted yes; McClemans
abstained, motion carried.
SDSU Strategic Plan. President David Chicoine presented the University's Strategic Plan "Impact
2018" and responded to questions. No action was taken.
City Council Ex- Officio Appointments. A motion was made by Corbett, seconded by
McClemans, to approve the following Council Ex- Officio Appointments: Brookings Municipal
Utility Board - Council Members Niemeyer and McClemans; Brookings Health Systems Board of
Trustees - Council Members Kubal and Corbett. All present voted yes; motion carried.
City Council member introduction of topics for future discussion.
A motion was made by Reed, seconded by Bezdichek, to direct city staff and appropriate
committees (Planning Commission, Sustainability Council, Animal Control and others) to
consider an ordinance to allow chickens in the city limits of Brookings. Discussion: This item
will be brought back to a study session. All present voted yes; motion carried.
A motion was made by Corbett, seconded by Reed, to discuss the 6th Street and 22nd Avenue
intersection design at a study session. All present voted yes; motion carried.
A motion was made by Reed, seconded by Niemeyer, that the City Council, within 6 months,
have a review and discussion of the DOT's project on 6th Street from Medary to Main Avenue.
All present voted yes; motion carried.
A motion was made by McClemans, seconded by Niemeyer, to direct staff to review the law
pertaining to petitioning for streets and report back to the City Council at the June 25th
meeting. All present voted yes; motion carried.
Executive Session. A motion was made by Corbett, seconded by McClemans, to enter into
Executive Session at 7:38 p.m. for consulting with legal counsel about pending litigation with
the City Attorney, City Manager and City Clerk present. All present voted yes; motion carried.
A motion was made by Corbett, seconded by McClemans, to exit Executive Session at 8:09 p.m.
All Present voted yes; motion carried.
Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 8:10 p.m.
CITY OF BROOKINGS
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Tim Reed, Mayor
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