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Home My WebLink AboutCCMinutes_2013_09_24 � 07 Brookings City Council September 24, 2013 The Brookings City Council held a meeting on Tuesday, September 24, 2013 at 6:00 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,Acting City Manager Jackie Lanning and City Clerk Shari Thornes were also present. 6:00 p.m. Regular Council Meeting Consent A�enda. A motion was made by Kubal, seconded by Corbett,to approve the consent agenda. ' A. Action to approve the agenda. B. Action to approve the August 27,September 10,and September 17 City Council minutes. C. Action on Resolution No. 102-13, a Resolution authorizing the City Manager to sign a Wine Operating Agreement Renewal for Hy-Vee Food Store, 790 22"d Ave.So. Resolution No. 102-13- Hy-Vee Food Store—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 Curt Osmanski, Manager, Hy-Vee Food Store, for the purpose of a liquor manager to operate the On-Sale Establishment or busi�ess for and on behalf of the City of Brookings at 790 22"d Ave. So., also known as Hy-Vee Food Store. 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. 103-13, a Resolution authorizing the City Manager to sign a Wine Operating Agreement Renewal for the Old Sanctuary, 928 4�'Street. Resolution No. 103-13-Old Sanctuary—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 Dennis Bielfeldt,owner, Old Sanctuary, 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 928 4th Street, also known as Old Sanctuary. 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. E. Action on Resolution No. 104-13, a Resolution fixing time and place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2012-01SWR(2012 Sidewalk Repair Sites). Resolution No. 104-13- Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project No. 2012-01SWR (2012 Sidewalk Repairs) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Sidewalk Assessment Project No. 2012-01SWR having been filed in the office of the City Clerk on the 17`h day of September, 2013,the City Council shall meet in the Chambers at the City&County Government Center, in said City on Tuesday,the 8t" day of October, 2013, at 6:00 o'clock PM,the said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Sidewalk Assessment Project No. 2012-01SWR,the date of filing the assessment roll,the time and place of hearing thereon, stating that the assessment roll 108 will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least ten days prior to the date set for hearing and to mail a copy thereof, by first class maii addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization at least ten days prior to the date set for said hearing. F. Action on Resolution No. 105-13, a Resolution authorizing Change Order No. 1 (CCO#1) for 2012-02STI, 32"d Avenue Street Project—Rebid;T&R Construction. Resolution No. 105-13- Resolution Authorizing Change Order No. 1 (CCO#1)for 2012-025TI, 32"d Avenue Street Project—Rebid;T& R Contracting, Inc. Be It Resolved by the City Council that the following change order be allowed for 2012- 025TI, 32"d Avenue Street Project: Construction Change Order Number 1: Adjust contract to adjust several bid quantities to as-built quantities and additional driveway pavement for a total increase of$3,121.05 to the contract. G. Action on Resolution No. 106-13, a Resolution authorizing Change Order No. 2 Final (CCO#2 Final)for 2012-025TI,32"d Avenue Street Project—Rebid;T&R Construction Resolution No. 106-13- Resolution Authorizing Change Order No. 2- Final (CCO#2 Final) for 2012-02STI, 32"d Avenue Street Project—Rebid,T& R Contracting, Inc. Be It Resolved by the City Council that the following change order be allowed for 2012- 025TI, 32"d Avenue Street Project: Construction Change Order Number 2: Adjust contract to adjust several bid quantities to as-built quantities and additional pavement striping for a total increase of$3,379.85 to the contract to close out the project. H. Action on Resolution No. 107-13,a Resolution setting the Unit Financial Charge for 2014 Storm Drainage Fees. Resolution No. 107-13-Setting the Unit Financial Charge for 2014 Storm Drainage Fees Whereas, Chapter 72,Article II, of Code of Ordinances for the City of Brookings, provides for setting the unit financial charge of Storm Drainage, by Resolution. Now,Therefore, Be It Resolved that the unit financial charge for 2014 shall be .00054 for Storm Drainage purposes. I. Action on Resolution No. 108-13,a Resolution authorizing Change Order No. 1 (CCO#1) for 2013-015WR, Sidewalk Replacement Project;Timmons Construction. Resalution No. 108-13- Resolution Authorizing Change Order No. 1 (CCO#1}for 2013-015WR, Concrete Maintenance Project;Timmons Construction Be It Resolved by the City Council that the following change order be allowed for 2013- 015WR, Concrete Maintenance Project: Construction Change Order Number 1: Adjust contract for additional work to pour the north lane of Railroad Street in two phases for a total increase of$3,000.00 to the contract. All present voted yes; motion carried. First Readin�Ordinance No. 16-13. A�rst reading was held on Ordinance No. 16-13, an Ordinance rezoning the north 400' of the east 1,250'of Prairie Hills Addition from a Business B- 2A and B-2 District to a Planned Development District. Public Hearing: October 8, 2013. 109 First Readin�Ordinance No. 17-13. A first reading was held on Ordinance No. 17-13, an Ordinance Amending and Adopting the Code of Ordinances for the City of Brookings, SD. Public Hearing: October 8, 2013. First Readin�Ordinance No. 18-13. A first reading was held on Ordinance No. 18-13, an Ordinance establishing Maximum Occupancy Limits for Dwelling Units and Penalties for Violations in the City of Brookings, SD. Public Hearing: date changed to October 22, 2013. On-Off Sale Malt License. A public hearing was held for an On-Sale and Off-Sale Malt Licenses for Flavor (ndian Cuisine, Dilip and Bhavana Patel, owners, 6Q5 Main Avenue, legal description: E 32' of W 107 of Lot 7, Block 3, Henry's Addition. No public comment. A motion was made by McClemans, seconded by Niemeyer,to approve. All present voted yes; motion carried. Resolution No. 109-13. A public hearing was held on Resolution No. 109-13, Storm Water Funding Application, a Resolution approving an Application for Financial Assistance,Authorizing the Execution and Submittal of the Application and Designating an Authorized Representative to Certify and Sign Payment Requests for Division Avenue Drainage Improvement Project. No public comment. A motion was made by Kubal, seconded by McClemans,to approve. All present voted yes; motion carried. Resolution No. 109-13-Storm Water Funding Application Resolution Approving an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application and Designating An Authorized Representative To Certify and Sign Payment Requests for Division Avenue Drainage Improvement Project Whereas,the City of Brookings (the "City") has determined it is necessary to proceed with improvements to its Storm Sewer System, including but not limited to the Division Avenue Drainage Improvement Project (the "Project"); and Whereas,the City has determined that financial assistance will be necessary to undertake the Project and an application for�nancial assistance to the South Dakota Board of Water and Natural Resources (the "Board") has been prepared; and Whereas,the City has reviewed the Application to be submitted to the Board,true copies of which are attached hereto, and finds it proper in all respects; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now,Therefore, Be It Resolved by the City as follows: 1. The City hereby approves an Application for�nancial assistance to the South Dakota Board of Water and Natural Resources for the Project as set forth with particularity in the Application attached hereto,which Application is hereby approved. 2. The City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to efFectuate the Application for �nancial assistance submitted to the Board in accordance with all terms herein set forth. 3. The City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Ordinance No. 15-13. A public hearing 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. No 11 � public comment. A motion was made by Corbett, seconded by Thorpe,to approve Ordinance No. 15-13. Ali present voted yes; motion carried. Resolution No. 111-13. A motion was made by Niemeyer, seconded by Kubal,to approve Reso{ution No. 111-13, a Reso4ution authorizing the implementation of the 2014 Capital Improvement Plan and approving the 2015 through 2018 Capital Improvement Plan. Ail present voted yes; motion carried. Resolution No. 111-13 - Resolution authorizing the implementation of the 2014 Capital Improvement Plan and approving the 2015 through 2018 Capital Improvement Plan Whereas, a Capital Improvement Plan is a program designed to authoriae, acquire, construct, and plan for capital improvements over a fixed period of time; and Whereas,the City Council of the City of Brookings has been studying and prioritizing the capital improvements needs of the City of Brookings; and Whereas, a 2014-2018 Capital Improvement Plan document has been prepared by the City Manager describing and scheduling capital improvements between the years of 2014 and 2018. Now,Therefore, Be It Resolved by the City Council of the City of Brookings, hereby approves and adopts the 2014-2018 Capital Improvement Plan and the City Manager is hereby authorized to use funds per the 2014 City Budget Ordinance for those capital improvements scheduled in the 2014 year of the Five-Year Capital Improvement Plan. Resolution No. 110-13. A motion was made by Corbett, seconded by Niemeyer,to approve Resofution No. 110-13, 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. 110-13-A Resolution authorizin�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, lnc. desires to purchase approximately seven (7.0) acres of real property described as;the North one-half(h) 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 5th P.M., City of Srookings, 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 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: � 11 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; and B. That the Mayor, City Clerk and City Manager are authorized to execute the required documents in accordance with this Resolution. Adiourn. A motion was made by Corbett, seconded by Niemeyer,to adjourn. All present voted yes; motion carried. Meeting adjourned 6:26 p.m. ClTY OF BROOKINGS �p� s� �, �js'':;^d9 Tim Reed, Mayor z;' o: �` '�� D; ,=e;� �/� • a: �` '''q�•. n i 6 aa S�� p� Shari hornes, City Clerk