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Brookings City Council
September 10, 2013
The Brookings City Council held a meeting on Tuesday, September 10, 2013 at 5:30 p.m., at City
Hal! with the following members present: Mayor Tim Reed, Council Members Mike
McClemans,Tom Bezdichek, Ope Niemeyer, Keith Corbett,Jae(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 Corbett, seconded by McClemans,to
enter into executive session at 5:00 p.m. for purposes of consulfiing with legal counsel about
proposed contractual matters pursuant to SDCL 1-25-2(3)with the City Attorney, City Manager,
City Clerk, Mike Struck and AI Heuton present. A motion was made by Kubal, seconded by
Thorpe,to exit executive session at 5:48 p.m.
6:00 p.m. Regular Council Meeting
Consent A�enda. A motion was made by Corbett, seconded by Kubal,to approve the consent
agenda.
A. Action to approve the agenda.
B. Action to approve the August 20th and Septembe�3'�City Council minutes.
C. Appointment of alternate member for BEDC Board of Directors: appoint Jeff Weldon.
D. Action on Resolution No. 97-13, a Resolution authorizing the City Manager to si�n
documents for Brookings Regional Airport Project No. AIP#3-46-0005-026-2013,
Construction of Runway 11/29 Realignment Phase 2.
Resolution No. 97-13- Resolution Authorizing the City Manager to Sign Documents for
Brookings Regional Airport Project No. AIP#3-46-0005-026-2013 Construction of
Runway 11/29 Realignment Phase 2
Whereas,the Brookings City Council desires Federal Aviation Administration and South
Dakota Department of Transportation assistance with the Brookings Regional Airport
Project 3-46-0005-26-2013; and
Whereas,the City of Brookings desires construction of Runway 11/29 including base
course, surfacing, underdrain, mi(ling, geotextile fabric, pavement markings, and new
runway lighting system including runway,taxiway and threshold lights, PAPI, REIL,
rotating beacon, lighted signs, and the installation of FAA owned facilities.
Now Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign the Grant Application, Grant Offer, and other related documents for
Runway 11/29 Realignment Project Phase 2, Brookings Regional Airport Project 3-46-
0005-26-2013.
E. Action on Resolution No.98-13,a Resolution authorizing Change Order No. 3(CCO#3
Final)for 2012-05S51, Camelot Square Drainage Improvement Project.
Resolution No. 98-13 - Resolution Authorizing Change Order No. 3 (CCO#3 Final)for
2012-05SSI, Camelot Square Drainage Improvement Project
Be It Resolved by the City Council that the following change order be allowed for 2012-
05S51, Camelot Square Drainage Improvement Project:
Construction Change Order Number 3 (Final): Adjust plan quantities to as-built
quantities for a total decrease of$31,476.57 to the contract to close out the project.
All present voted yes; motion carried.
Invitation for public input re�ardina Citv Charter. Tom Dobbs and Gail Robertson provided
comments. Gary Aguiar provided a letter. No action was taken.
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Proposed 2014 Bud�et. Pursuant to Council direction, City Manager Jeff Weldon adjusted the
proposed 2014 budget increasing the Humane Society's subsidy to $10,000 and decreasing the
city manager's contingency budget. However, no additional 2013 funds are available for the
Boys and Girls Club request.
Resolution No. 99-13. A motion was made by Thorpe, seconded by Niemeyer, to approve
Resolution No. 99-13, a Resolution authorizing the transfer of Real Property to the Brookings
Economic Development Corporation, Inc., pursuant to SDCL 9-27-36 for Economic Development
Purposes. All present voted yes; motion carried.
Resolution No. 99-13 - 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 seven (7.0) acres of real property described as;the South one-half(�) of Block 1,
excluding Lot One (1) and the adjacent detention pond, of Foster Addition in the Northeast
Quarter (NE%) of Section Nineteen (19),Township One Hundred Ten (110) North, Range Forty-
nine (49) West of the 5t" P.M., City of Brookings, County of Brookings, State of South Dakota;
for the price of$43,560 dollars ($43,560) per acre; and �
Whereas,for the express purpose of furthering economic growth and development of the City
of Brookings,South Dakota, Brookings Economic Development Corporation, Inc. agrees to sell,
convey or otherwise transfer said property to a business 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 Brookings Economic
Development Corporation, Inc. for sale of the above-described property in accordance with
the terms of this Resolution; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the required
documents in accordance with this Resolution.
Resolution No. 100-13. A motion was made by Corbett, seconded by McClemans,to approve
Resolution No. 100-13, a Resolution awarding contracts for Brookings Runway Re-Alignment
Project Phase 2,AIP#3-46-0005-026-2013. Public Comment: Larry Engbrecht, SD Concrete
Association, recommended consideration of concrete bid selection. Jason Bowes spoke in favor
of the asphalt bid selection. All present voted yes; motion carried.
Resolution No. 100-13
Resolution Awarding Bids for Brookings Runway Re-alignment Project, Phase 2
AIP#3-46-0005-026-2013
Whereas,the City of Brookings opened bids for the Brookings Runway Re-alignment Project,
Phase 2, AIP#3-46-0005-026-2013 on Tuesday,September 10, 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 Project Phase 2, AIP#3-46-0005-026-2013: Bowes Construction Inc.: Bid Schedule
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A2 (Asphalt Runway)—7,934,714.70, Alternative Bid A2- $191,979.95; Knife River Midwest,
LLC: Bid Schedule A1 (Concrete Runway) -$9,392,447.15, Alternate Bid A1 (Concrete Taxiway
C) - $208,946.48, Alternate Bid No. 3 - $87,395.60, Bid Schedule B (Electrical) - $2,371,210.49
and Alternate Bid B1 (Taxiway C Electrical) - $15,735.00; PCI Roads, LLC: Bid Schedule A1
(Concrete Runway) - $9,711,890.33,Alternate Bid A1 (Concrete Taxiway C) - $214,772.19, and
Alternate Bid No. 3 (Painted Markings}- $90,000; Upper Plains Contracting: Bid Schedule A1
(Concrete Runway) - $9,730,825.05, Alternate Bid A1 (Concrete Taxiway C) - $222,774.75, and
Alternate Bid No. 3 (Painted Markings)- $86,000.00;T& R Contracting, Inc.: Bid Schedule A1
(Concrete Runway) - $12,073,193.73, Alternate Bid A1 (Concrete Taxiway C) - $252,618.40, and
Alternate Bid No. 3 (Painted Markings) -$90,379.84; and Muth Electric, Inc.: Bid Schedule B
(Electrical) - $2,314,417.00 and Alternate Bid B1 (Taxiway C Electrical) -$17,735.00.
Now Therefore, Be It Resolved that the tentative award for the project be made to the 1ow bid
of Bowes Construction, Inc., Brookings, South Dakota,for Bid Schedule A2 (Asphalt Runway) of
$7,934,714.70 and Alternate Bid A2 (Asphalt Taxiway C) of$191,979.95 for a total of
$8,126,694.65 and Muth Electric, Inc. for Bid Schedule B (Electrical) of$2,314,417.00 and
Alternate Bid B1 (Taxiway C Electrical) of$15,735.00 for a total of$2,330,152.00, contingent
upon receipt and approval of a Good Faith Disadvantage Business Enterprise (DBE) effort SD-
DOT approval, and receipt of an acceptable FAA Grant Offer.
Resolution No. 101-13. A motion was made by Corbett, seconded by McClemans,to approve
Resolution No. 101-13, a Resolution authorizing Change Order No. 1A (CCO#1A) for Brookings
Regional Airport Runway 11/29 Re-Alignment Project 9Phase 1A), AIP#3-46-0005-026-2012. All
present voted yes; motion carried.
Resolution No. 101-13-Resolution authorizing Change Order No. 1A (CCO#1A)for
Brookings Runway Re-Alignment Project(Phase IA) 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 IA), AIP#3-46-0005-025-2012, Construction Change Order
Number 1A: Additional work to install geogrid to allow bridging of an extremely wet and
unstable area under the new runway and for new 3" PVC electrical duct for a total increase of
$28,544.50 to the contract.
Passed and approved this 10th day of September, 2013 upon FAA and SDDENR concurrence.
First Readin�:Ordinance No. 15-13. A first readin�was held on Ordinance No. 15-13, an
Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of
Brookings for the 2014 Fiscal Year and providing for the annual tax levy and annual tax for all
funds. Public Hearing: September 24, 2013.
Reconsideration of Resolution No. 100-13. A motion was made by Reed, seconded by Kubal,
to reconsider Resolution No. 100-13. All present voted yes; motion carried. A motion was
made by Reed, seconded by Niemeyer,to amend the Resolution to add the foltowing:
N..contingent upon receipt and approval of a Good Faith Disadvantage Business Enterprise
(DBEJ effort SD-DOT approval, and receipt of an ACCEPTABLE FAA Grant Offer." All present
voted yes; motion carried.
Temporarv Liquor License. A public hearing was held on a temporary liquor license for Pints
and Quarts for Octoberfest, a SDSU Veterans Association Fundraiser,to be held in the 300 Block
of Main Avenue on September 28, 2013. Public hearing: Andy Ellis, Armed Forces Association
and Ben Stout, SA President, spoke in favor. A motion was made by Bezdichek, seconded by
Kubal,to approve. All present voted yes; except Corbett voted no, motion carried.
Ordinance No. 13-13. A public hearing was held on Ordinance No. 13-13, an Ordinance
rezoning the west'r4 of the NE%, excluding the north 1,350'thereof, in Section 34-T110N-�t50W
from Ag to R-1B, R-2 and R-3. A motion was made by Niemeyer, seconded by Kubal,to approve
Ordinance No. 13-13. No public comment. Atl present voted yes; motion carried.
105
Ordinance No. 14-13. A public hearing 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). A motion was made by Bezdichek, seconded by
McClemans,to approve Ordinance No. 14-13. No public comment. All present voted yes;
motion carried.
Resolution No.96-13. A public hearing was held on Resolution No. 96-13, a petition to annex
Sublots A and B1 of Outlot 1 in the SW%of the NW% of Section 27-T110N-R50W, and Tract 2A,
James Addition in Section 28-T110N-R50W. A motion was made by Corbett, seconded by
Thorpe,to approve Resolution No. 96-13. No public comment. All present voted yes; motion
carried.
Resolution No.96-13- Resolution Annexing Sublots A and B1 of Outlot 1 in the SW%of the NW%
of Section 27-T110N-RSOW;and Tract 2A,James Addition in Section 28-T110N-RSOW
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: Sublots
A and 61 of Outlot 1 in the SW%of the NW%of Section 27-T110N-R50W;and Tract 2A,James
Addition in Section 28-T110N-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 there being
no 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.
Citv Council member introduction of topics for future discussion. Mayor Reed asked the
Council if the urban chicken issue should be discussed at a regular meeting or study session.
There was consensus to schedule for a study session.
A motion was made by Kubal, seconded by Corbett,to review the subsidy process at a,future
study session. All present voted yes; motion carried. �
A motion was made by Bezdichek, seconded by McClemans,to invite hospital representatives
to a study session to discuss their policies pertaining to gifts and donations. All present voted
yes; motion carried.
Adiourn. A motion was made by Corbett, seconded by McClemans,to adjourn. All present
voted yes; motion carried. Meeting adjourned 8:36 p.m.
CITY OF BROOKINGS
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q °�;'�����'�:�d Tim Reed, Mayor
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�hari Thornes, City Clerk