HomeMy WebLinkAboutCCMinutes_2013_08_27 96
Brookings City Council
August 27, 2013
The Brookings City Council held a meeting on Tuesday, August 27, 2013 at 5:30 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Mike McClemans,
Tom Bezdichek, Ope Niemeyer, Keith Corbett,Jael Thorpe and John Kubal. City Attorney Steve
Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present.
5:30 p.m. Executive Session. A motion was made by Kubal, seconded by Corbett,to enter into
executive session at 5:30 p.m. for purposes of consulting with legal counsel about proposed
contractual matters pursuant to SDCL 1-25-2(3)with the City Attorney, City Manager, City Clerk,
AI Heuton, Spence Hawley, Paula Tamanaha and Ann Getting present. All present voted yes,
motion carried. Reed abstained and Corbett presided. A motion was made by Kubal, seconded
by McClemans,to exit executive session at 6:09 p.m. All present voted yes, motion carried.
� 6:00 p.m. Regular Council Meeting.
Consent Agenda. Ordinance No. 12-13 (Mediacom Franchise Ordinance)was removed from
the agenda. A motion was made by Kubal, seconded by Corbett,to approve the consent
agenda.
A. Action to approve the agenda as amended.
B. Action to approve the August 13th City Council minutes.
C. Action on Resolution No. 88-13,a Resolution authorizing the City Manager to sign a
Wine Operating Agreement Renewal for Guadalajara's,Juan Carlos Vega, owner,
Village Square Mal1, 1715 6th Street.
Resolution No. 88-13-Guadalajara's—Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management
Agreement between the City of Brookings and Juan Carlos Vega, owner, Guadalajara's,
for the purpose of a liquor manager to operate the On-Sale Establishment or business
for and on behalf of the City of Brookings at 1715 6th Street,Suite 'F', also known as
Guadalajara's.
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 10 years.
D. Action on Resolution No. 89-13, a Resolution directing preparation of Assessment Roll,
dividing Assessments into Installments,and providing for the collection thereof for
Sidewalk Assessment Project 2012-01SWR(2012 Sidewalk Repairs).
Resolution No. 89-13- Resolution directing preparation of Assessment Roll, dividing
Assessments into Installments, and providing for the collection thereof for Sidewalk
Assessment Project 2012-01SWR (2012 Sidewalk Repairs)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of
Resolutions No. 126-11 and 97-12, Resolutions determining the necessity of repairing or
installing sidewalks for Sidewalk Assessment Project No. 2012-01SWR. The referendum
has not been invoked, and no written protests against the making of said improvement
have been filed with the City Manager.
2. A contract for Sidewalk Assessment Project No. 2012-01SWR has been duly executed,
and the City Council is authorized to levy special assessments pursuant to the provisions
of Chapter 9-43, SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made and
filed in City Hall showing the total cost of said improvement as follows: Contract price in
the amount of$80,359.82; Engineering, inspection,fiscal, legal expense, and publication
in the amount of 3 350.11� for a Total Expense of$83,709.93.
4. The total cost of said improvement shall be paid as follows: City Repair Costs in the
amount of$24,524.60, and Assessable costs in the amount of$55,835.22.
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5. There shall be made and filed in the office of the City Clerk an assessment roll for said
improvement. The assessments shail be on the basis of benefits upon each lot or tract
of land contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments for all .
amounts over$300.00. For amounts of$300.00 or less,the entire assessment shall be
due.
7. Unless paid to the City in advance of maturity,the assessments shall be collected by
the City Manager in accordance with the procedure for Plan One in Chapter 9-43,SDCL
1967, as amended.
8. The interest rate to be borne by the unpaid installments of the special assessment is
ten percent (10%).
E. Action on Resolution No. 90-13, a Resolution authorizing Final Change Order No. 1
(CCO#1 Final)for 2013-065TI Chip Seal Project;Topkote, Inc.
Resolution No. 90-13 - Resolution authorizing Final Change Order No. 1 (CCO#1 Final)for
2013-065TI Chip Seal Project;Topkote, Inc.
Be It Resolved by the City Council that the following change order be allowed for
2013-06STI Chip Seal Project: Construction Change Order Number 1 Final,Adjust bid
quantities to final as-built quantities for a decrease of$22,553.40 to close out the
project.
All present voted yes; motion carried.
Special Presentation. Robert Hill, KW60 Ambassador, Dept. of the Defense, 60th Anniversary of
the Korean War Commemoration Committee, presented Certificates to Keith Corbett,John
Kubal, and Ken Curley in recognition of their service.
Proposed 2014 Bud�et. A motion was made by Niemeyer, seconded by Thorpe,to direct the
City Manager to look at funding the Boys and Girls Club capital request not to exceed $100,000
using remaining general funds at the end of 2013 and/or 2"d penny 75�funds. All present
voted yes, except Kubal voted no; motion carried.
A motion was made by Kubal, seconded by Bezdichek,to increase the Humane Society subsidy
from $5,000 to $10,000 in the 2014 budget. All present voted yes; motion carried.
Resolution No.91-13. A motion was made by Corbett, seconded by McClemans to award the
contract to Bowes Construction in the amount of$185,300 for asphalt paving of the Dakota
Nature Park Trails (Trails Paving) Phase V Project. Discussion: Rick Salonen, BannerAssociates
Inc., noted a ca/culation error in marerials he provided. eowes representatives noted reasons
why asphalt was preferable over concrete. Jody Titze, SD Ready Mix Association offered to
provide information on concrete benefits. On the motion, all present voted yes; motion carried.
Resolution No. 91-13
Resolution Awarding Bid for the Dakota Nature Park Trails (Trails Paving),
Phase V Project
Whereas,the City of Brookings held a bid letting at 1:30 p.m. on Tuesday,August 13, 2013; and
Whereas,the City of Brookings has received the following bid(s) for the Dakota Nature Park
Trails (Trails Paving) Phase V Project:
Company Bid Option (Concrete) Bid Option (Asphalt)
1-A 2-A
Bowes Construction n/a $185,300
Clark Drew Construction $282,200 n/a
Howrey Construction $252,940 n/a
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I-A,Trail paving with concrete
2-A,Trai) paving with asphalt
Now Therefore, Be it Resolved that the bid from Bowes Construction of Brookings, SD in the
amount of$185,300 be accepted for the asphalt paving of the trails (2-A).
Resolution No.92-13. A motion was made by Thorpe,seconded by McClemans,to award the
contract to the law bid, Bowes Construction, in the amount of$170,800 for asphalt paving of
the Dakota Nature Park Trails (Driveways and Parking Lots Paving) Phase V Project. Corbett,
McClemans, and Thorpe voted yes; Bezdichek, Kubal, Niemeyer and Reed voted no; motion
failed. A motion was made by Niemeyer, seconded by Bezdichek,to award the contract to
Clark Drew in the amount of$209,750 for concrete paving of the Dakota Nature Park Trails
(Driveways and Parking Lots Paving) Phase V Project. All present voted yes; motion carried.
Resolution No. 92-13- Resolution Awarding Bid for the
Dakota Nature Park Trails (Driveways and Parking Lots Paving) Phase V Project
Whereas,the City of Brookings held a bid letting at 1:30 p.m. on Tuesday,August 13, 2013; and
Whereas,the City of Brookings has received the following bid(s)for the Dakota Nature Park
Trails (Driveways and Parking Lots Paving) Phase V Project: Bid Option 1B Parkin� Lots and
Drivewavs Paving with Concrete: Clark Drew Construction $209,750, Howrey Construction
$235,945. Bid Option 2B Parkin� Lots and Drivewavs Pavin�with Asphalt: Bowes Construction
$170,800.
Now Therefore, Be it Resolved that the bid from Clark Drew Construction of Brookings, SD in
the amount of$209,750.00 be accepted for the concrete paving of the driveways and parking
lots (1-B).
Final Contract Chan�e Order#9 and Contract Close-Out. A motion was made by Corbett,
seconded by Kubal,to approve a Final Contract Change Order#9 and Contract Close-Out for the
Brookings City& County Government Center Project. All present voted yes; motion carried.
Resolution No.94-13. A motion was made by Kubal, seconded by Corbett,to approve
Resolution No. 94-13, a Resolution authorizing Change Order No. 1 for 2012-01 Gateway
Project;Timmons Construction, Inc. All present voted yes; motion carried.
Resolution No. 94-13- Resolution authorizing Change Order No. 1 for 2012-01 Gateway Project;
Timmons Construction, Inc.
Be 1t Resolved by the City Council that the foNowing change order be a{lowed for the 2012-01
Gateway Project: Construction Change Order Number 1,Adjust the contract price for an
increase of$9,579.64 to the contract, and Adjust contract completion date by 7 working days.
Resolution No.95-13. A motion was made by Niemeyer, seconded by McClemans,to approve
Resolution No. 95-13, a Resolution authorizing Change Order No. 4 (CCO#4)for Brookings
Runway Re-Atignment Project (Phase I),AIP#3-46-0005-025-2012. All present voted yes;
motion carried.
Resolution No. 95-13-A Resolution authorizing Change Order No. 4 (CCO#4�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 4:
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increase the contract by$43,146.94 to adjust various bid item quantities to as-constructed
quantities and additional work for hard-wiring the closing crosses for Runway 17/35 and
Geogrid to allow bridging of an extremely wet and unstable area under the new runway that
was an unforeseen condition.
Extend the contract substantial completion date by 15 calendar days for the Bid Schedule "B"
portion of the project and August 31, 2013 will be the substantial and final completion date for
all work in Schedule "B".
Passed and approved this 27th day of August, 2013 upon FAA, SDDOT and SDDENR concurrence.
First Readin�: Ordinance No. 13-13. A�rst reading was held on Ordinance No. 13-13, an
Ordinance rezoning the west� of the NE%, excluding the north 1,350'thereof, in Section 34-
T110N-R50W from Ag to R-1B, R-2 and R-3. Public Hearing: September 10, 2013.
First Readin�: Ordinance No. 14-13. A first reading was held on Ordinance No. 14-13, an
Ordinance rezoning Lot 3, Block 2,Telkamp Addition from a Residence R-3 to a Business B-4
(northwest corner of 25th Avenue and 9th Street). Public Hearing: September 10, 2013.
Temporary Liquor License. A public hearing was held on a Temporary Liquor License for the
Prairie Lanes, Inc., for a wedding dance at the National Guard Armory on September 28, 2013.
A motion was made by Kubal, seconded by Niemeyer,to approve. No public comment. All
present voted yes; motion carried.
Brookin�s Health Svstems Quarterlv Financial Report. Representatives of Brookings Health
Systems provided the City Council and public with a�nancial report and update on current and
pending issues.
Review of Tax Increment Financin� District#1 Proforma. The Council reviewed the financial
performance of Tax Increment District#1 (TID#1), which was certified in 2007. The purpose for
creating the 192 acre district was to utilize increment to finance public infrastructure
improvements in the Research Park at SDSU; a.k.a. Innovation Campus. The parcels contained
in the district provide the increment (tax base growth since 2007)to pay for the improvements.
Inter�overnmental relationship between the Citv of Brookin�s and the Growth Partnership.
Council Member Thorpe requested an agenda item for discussion pertaining to the
intergovernmental and �nancial re(ationship between the City and the Growth Partnership for
the Research Park at SDSU. Representatives of the Growth Partnership Board were present to
respond to Council questions. No action was taken.
Citv Council member introduction of topics for future discussion. A motion was made by
Kubal, seconded by Corbett, to place proposed resolution regarding environmental concerns on
the agenda for a future meeting. Kubal and McClemans voted yes; Bezdichek, Corbett,
Niemeyer, Reed and Thorpe voted no; motion failed.
Adiourn. A motion was made by Corbett, seconded by Kubal,to adjourn. All present voted
yes; motion carried. Meeting adjourned 9:01 p.m.
CITY OF BROOKINGS
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Shari Thornes, City Clerk