HomeMy WebLinkAboutCCMinutes_2013_10_08 112
Brookings City Council
October 8, 2013
The Brookings City Councii held a meeting on Tuesday, October 8, 2013 at 6:00 p.m., at City Hali
with the following members present: Deputy Mayor Keith Corbett and Council Members Mike
McClemans,Tom Bezdichek, Ope Niemeyer,Jael Thorpe and John Kubal. Mayor Tim Reed was
absent. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes
were also present.
6:00 p.m. Regular Council Meeting
Consent A�enda. An executive session was added to the agenda and Resolution No. 114-13
was amended. A motion was made by Niemeyer, seconded by McClemans,to approve the
consent agenda.
A. Action to approve the agenda as amended.
B. Action to approve the September 10 City Council minutes.
C. Action on Resolution No. 115-13, a Resolution Directing Preparation of Assessment
Roll, Dividing Assessments into Installments,and Providing for the Collection Thereof
for Street Assessment Project 2012-02STA(32"d Avenue Street Assessment Project).
Resolution No. 115-13 - Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and Providing for the Collection Thereof for Street
Assessment Project 2012-02STA(32"d Avenue Street Assessment Project)
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
Resolution of Necessity No. 39-12 for Street Assessment Project No. 2012-025TA. 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 Street Assessment Project No. 2012-02STA 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 her office showing the total cost of said improvement as follows: Contract price
$877,450.98; Engineering, inspection,fiscal, legal expense, publication $101,000.00;
Total Expense $978,450.98.
4. The total cost of said improvement shall be paid as follows: Assessable costs
$562,435.95; City-assumed costs including extra width &thickness $416,015.03
5. There shall be made and�led in the office of the City Clerk an assessment roll for said
improvement. The assessments shall be on the basis of front foot upon each lot or tract
of land contiguous to the street constituting said improvement. The property owners in
Thelen's Addition shall receive a 25%reduction in the front foot assessment cost.
6. The assessment shall be divided into ten (10) equal annual installments.
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%).
D. Action on Resolution No. 116-13,a Resolution authorizing Change Order No. 5 (CCO#5)
for Brookings Runway Re-Alignment Project(Phase I),AIP#3-46-0005-025-2012
(decrease).
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Resolution No. 116-13 -A Resolution Authorizing Change Order No. 5 (CCO#5)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 5:
Decrease the contract to adjust bid item quantities to as-constructed quantities,
decrease the erosion control blanket quantity and add hydro-mulch for a total decrease
of$20,284.40 to the project.
All present voted yes; motion carried.
Resolution No. 112-13. A motion was made by Kubal, seconded by Niemeyer,to approve
Resolution No. 112-13, a Resolution awarding a contract for Swiftel Center Portable Basketball
Floor, No public comment. All present voted yes; motion carried.
Resolution No. 112-13- Resolution Awarding Bids for the Portable Basketball Floor
Whereas,the City of Brookings opened bids for the portable basketball floor on Tuesday,
October Z, 2013 at 1:30 pm at Brookings City Hall; and
Whereas,the City of Brookings has received the following bids for the portable basketball floor:
Robbins Sports Services: $83,400.00; Horner Flooring, Inc.: $86,400.00.
Now Therefore, Be It Resolved that the low bid of Robbins Sports Services for the bid of
$83,400.00 be accepted.
Resolution No. 113-13. A motion was made by Bezdichek, seconded by Niemeyer,to approve
Resolution No. 113-13, a Resolution awarding Snow Removal Equipment Contracts. No public
comment. All present voted yes; motion carried.
Resolution No. 113-13- Resolution Awarding Snow Removal Equipment Contracts
Whereas,the City of Brookings opened bids for Snow Removal Equipment on Tuesday,
September 17, 2013 at 1:30 pm at Brookings City& County Government Center; and
Whereas,the City of Brookings has received the following bids for Snow Removal Equipment:
Three Motor�raders with Win�s: Only one bid received for one motorgrader. VJ Ahlers
Excavating Inc, Champion 730A, $150.00/hour; One 3-6 Yard Loader: Winter Inc., CAT 938,
$135.00/hour, and Prunty Construction Co Inc,JD 624H, $185.00/hour;Two Loaders with
Reversible Blades: Concrete Contractors, Inc., WA 250 and WA 320, $185.00/hour each; Eight
End-Dump Trucks: VJ Ahlers Excavating Inc., #2, $125.00/hour;VJ Ahlers Excavating Inc., #5,
$110.00/hour; Prunty Construction Co., #28 and#29, $95.00/hour each; Prussman Contracting
Inc., #19, #20, #21, and #22, $117.50/hour each; Prussman Contracting Inc., #23, $112.50/hour;
Winter Inc., #11, $114.00/hour; Concrete Contractors Inc., #320 and #321, $125.00/hour each.
Now Therefore, Be It Resolved the following bids be accepted: Three Motorgraders with
Win�s: Only one bid received for one motorgrader. VJ Ahlers Excavating Inc, Champion 730A,
$150.00/hour; One (113-to 6-Yard Loader: Winter, Inc., CAT 938, $135.00/hour.Two 2
Loaders with Reversible Blades: Concrete Contractors, Inc., WA 250 and WA 320, $185.00/hour
each. Eight (8) End-Dump Trucks:V.J. Ahlers Excavating, Inc., #2, $125.00/hour; Prunty
Construction Co Inc, #28 and #29, $95.00/hour each; VJ Ahlers Excavating Inc, #5,
$110.00/hour; Winter Inc, #11, $114.00/hour; Prussman Contracting Inc.,#20, #21, and #19,
$117.50/hour each.
First Readin�Ordinance No. 19-13. A�rst reading was held on Ordinance No. 19-13, an
Ordinance amending a Conditional Use Permit for a Kennel on Lot 2, Block 5, Bidco Addition.
Public Hearing: October 22, 2013.
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First Readin�Ordinance No. 20-13. A�rst reading was held on Ordinance No. 20-13, an
Ordinance authorizing a Supplemental Appropriation to the 2013 Budget for the Purpose of
Providing for Additional Funds for the Operation of the City. Public Hearing: October 22, 2013.
Ordinance No. 16-13. A public hearing 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. No public comment. A motion was made by
Niemeyer, seconded by Bezdichek,to approve Ordinance No. 16-13. All present voted yes;
except McClemans abstained; motion carried.
Resolution No. 11413. A public hearing was held on Resolution No. 114-13, Levying
Assessment for Sidewalk Assessment Project No. 2012-01SWR (2012 Sidewalk Repair Sites). No
public comment. A motion was made by Kubal, seconded by McClemans,to approve
Resolution No. 114-13. All present voted yes; motion carried.
Resolution No. 114-13 - Levying Assessment for Sidewalk Assessment Project No. 2012-01SWR
(2012 Sidewalk Repair Sites)
Whereas,the City Council has provided for sidewalk repair work to be completed under Project
No. 2012-01SWR (2012 Sidewalk Repair Sites).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized by Resolution No. 126-11 and 97-
12,which deems the work necessary and has found and determined that the amount which
each lot or tract will be benefited by the construction of the sidewalk improvement
heretofore designated as Sidewalk Assessment Project No. 2012-015WR is the amount
stated in the proposed assessment roll.
2, The assessment for Sidewalk Assessment Project No. 2012-01SWR is hereby approved and
the assessment thereby specified are levied against each and every lot, piece or parcel of
land thereby described.
3. Such assessments, unless paid within thirty(30)days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with the
procedure for Plan One in Sections 9-43, South Dakota Compiled Laws of 1967, as amended
with interest of 10°�on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Ordinance No. 17-13. A public hearing was held on Ordinance No. 17-13, an Ordinance
Amending and Adopting the Code of Ordinances for the City of Brookings, SD. No public
comment. A motion was made by Bezdichek, seconded by Kubal,to approve Ordinance No. 17-
13. A motion was made by Thorpe, seconded by Bezdichek,to amend Ordinance No. 17-13 by
deleting Chapter 22,Article VI, Sections 22-375 and 376 and reinstate current Section 22-375.
All present voted yes; motion amended. On the main motion as amended, all present voted
yes; motion carried.
I-1R Site Plan. A public hearing was held on an application for approval of an I-1R Site Plan on
Lot 3, Block 1, Foster Addition. No public comment. A motion was made by McClemans,
seconded by Niemeyer,to approve. All present voted yes; motion carried.
Resolution No. 117-13. A motion was made by Niemeyer, seconded by Bezdichek,to approve
Resolution No. 117-13, a Resolution of Necessity for Acquisition of Real Property. All present
voted yes; except McClemans voted no, motion carried.
Resolution No. 117-13-Resolution of Necessity for Acquisition of Real Property
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
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Whereas,the City Council of the City of Brookings hereby declares the necessity to acquire
certain real property for right-of-way purposes. Specifically, private property described below is
necessary to provide for the 26t"Street South right-of-way, a street which will serve the new
elementary school; and
Whereas, except as otherwise specially provided, whenever the governing body of any
municipality shall deem it necessary to appropriate or damage any private property, either
within or without the corporate limits of the municipality, for any purpose authorized by law, it
shall, by a resolution passed by a two-thirds majority of all the members elected thereto,
declare such appropriation necessary, stating the purpose and extent of such appropriation.
Thereupon the proceedings for such appropriation and condemnation shall be as provided by
law and the rules of practice and procedure adopted by the Supreme Court.
Whereas, SDCL§9-27-1 authorizes a municipality to acquire real property for any purpose
authorized by law; and
Whereas,SDCL§9-27-1 also provides that a municipality must, prior to commencing
proceedings in eminent domain, determine that such appropriation is necessary; and
Whereas, SDCL§9-27-1 requires that any resolution of necessity must state the purpose and
intent of such appropriation.
Now,Therefore Be It Hereby Resolved by the City Council for the City of Brookings that the
public good necessitates the appropriation of the following real property: The North Thirty Five
Feet (N 35') of the Northeast Quarter of the Southwest Quarter(NE'/<SW%) of Section Two (2),
Township One Hundred Nine (109) North, Range Fifty (50) West of the 5th P.M., County of
Brookings, State of South Dakota, including Outlot One (1)thereof.
Be It Further Resolved that the purpose and intent of such appropriation is to obtain real
property for a public street, namely 26th Street South, which is necessary to serve a public
school to be constructed and served by 26t"Street South; and
Be It Further Resolved that said purpose and intent is a public use and provides a public benefit;
and
Be It Further Resolved that the City Attorney is hereby authorized and directed to file a
proceeding in eminent domain pursuant to SDCL§§ 9-12-1, 9-27-1 and SDCL Ch. 21-35,to
appropriate the subject property for the purpose of acquiring public right-of-way to serve a
public school and to determine the just compensation due the present owner of the above-
described property; and
Be lt Further Resolved that this Resolution shall be passed by a 2/3 majority of all the elected
members of the City Council in order to become effective.
South Main Ave. Improvement Proiect. A motion was made by Kubal, seconded by Niemeyer,
to modify the scope of work for the South Main Avenue improvement project approved on 7-
23-13 by eliminating the sanitary sewer, lift station, and force main through the central portion
� of the Prairie Hills subdivision; and add a gravity sewer line progressing to the easterly side of
South Main Avenue to a smaller lift station and force main in the southern portion of the Prairie
Hills subdivision; and that the estimated project cost be reduced to $4.5 million; and that costs
associated with 26th Street be paid via front foot assessments to benefitting, adjacent property
owners; and that the trunk water system, lift station, and force main be paid via area
assessments to all property owners; and the City shall pay for the costs of Main Avenue street,
storm drainage, and gravity sewer expense; and the city shall initially pay for assessments
against property owners outside the city limits deemed not immediately collectable on
assessments but collectable in the future; and that staff be instructed to begin working on the
establishment of a tax increment finance district to cover said city costs; and that staff be
further directed work with the�nancial advisor for long-term financing for which tax increment
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will be the method of repayment. Public discussion: Jon Mills expressed concern regarding the
proposed action. On the motion, all present voted yes; motion carried.
Executive Session. A motion was made by McClemans, seconded by Niemeyer,to enter into
executive session for consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation at 7:33 p.m. with the City Manager, City Clerk and
City Attorney present. A motion was made by Bezdichek, seconded by McClemans,to leave
executive session at 8:08 p.m.
Adiourn. A motion was made by Niemeyer, seconded by Kubal,to adjourn. All present voted
yes; motion carried. Meeting adjourned 8:09 p.m.
CITY OF BROOKINGS
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A °` T 6 r,:`�';;r Tim Reed, Mayor
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hari Thornes, City Clerk