HomeMy WebLinkAboutCCMinutes_2013_12_10 15 �
Brookings City Council
December 10, 2013
The Brookings City Council held a meeting on Tuesday, December 10, 2013 at 5:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members Ope Niemeyer,
Keith Corbett,Jael Thorpe,John Kubal and Tom Bezdichek. Council Member Mike McClemans
was absent. City Attorney Steve Britzman, City Manager Jeffrey W. Weldon and City Clerk Shari
Thornes were also present.
5:00 p.m. Executive Session. A motion was made by Corbett, seconded by Kubal, to enter into
executive session at 5:00 p.m. with City Council members present for purposes of discussing the
qualifications, competence, performance, character or fitness of any public officer or employee
or prospective public officer or employee. Bezdichek arrived at 5:08 p.m. Jeff Weldon, City
Manager, arrived at 5:35 p.m. A motion was made by Kubal, seconded by Corbett,to exit
executive session at 5:48 p.m.
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 November 26 City Council minutes.
C. Action on the following volunteer board appointments: Board of Adiustment:
Reappoint Jason Hoffelt, Appoint Mary O'Neill as 15t Alternate, Move Shawn Storhaug to
full member (1im Pederson vacancy), Move Seth Hansen to full member (Dave Rusten
vacancy) (terms 1/1/2014-1/1/2017). Board of Health: Reappoint Dr. Merritt Warren,
Jesse Ronning, Bob McGrath, and Roberta Wagner(terms: 1/1/2014-1/1/2017).
Brookin�s Committee for People who have Disabilities: Reappoint Matt Simet and Kathy
Heylens (terms: 1/1/2014-1/1/2017). Business Improvement District#1 Board:
Reappoint Tari Waterman and Jill Kosbau (terms: 1/1/2014-1/1/2017). Historic
Preservation Commission: Reappoint Dennis Willert,Thomas Agostini, and Leah Brink
(terms: 1/1/2014-1/1/2017). Human Ri�hts Committee: Reappoint Steve Bayer, George
Hamer, and Judy Karen (terms: 1/1/2014-1/1/2017). Librarv Board: Reappoint
Lawrence Rogers, and Appoint Kyle Schaefer(terms: 1/1/2014-1/1/2017). Plannin�
Commission: Reappoint Greg Fargen and Kristi Tornquist, Appoint Clark James Drew III
(terms: 12/31/2013-12/31/2018). Sustainabilitv Council: Reappoint Betty Beer,
Appoint Trisha Jackson and Holly Tilton (terms: 1/1/2014-1/1/2017). Swiftel Center
Advisory Committee: Reappoint Teri Ronning and Rob Peterson (terms: 1/1/2014-
1/1/2017). Traffic Safety Committee: Reappoint Tony Sonnenburg, Brian Lueders, and
John Howard, Appoint Deb Waltman (terms: 12/31/2013-12/31/2016).
D. Action on Resolution No. 146-13, a Resolution authorizing Change Order No. 3 for
Dakota Nature Park Phase V, Paving; Clark Drew Construction, Inc.
Resolution No. 146-13-A Resolution Authorizing Change Order No. 3 for
Dakota Nature Park Phase V, Paving; Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for Dakota
Nature Park Phase V, Paving: Construction Change Order No. 3: provide black dirt
before end of construction season that Bowes Construction did not have truck and
personnel to complete. Proposal includes hours for CDC truck, two Prussman trucks and
one Winter's truck. This does include dirt hauled by Bowes but not included in the
previous change order under the Bowes contract.
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Resolution No. 147-13 -A Resolution Authorizing Closeout on Dakota Nature Park,
Phase III (Trail Construction), Bowes Construction, Inc.
Be It Resolved by the City Council that the following be allowed for Phase III (Trail
Construction) Construction with Bowes Construction, Inc: Construction Closeout on
Phase III Construction at Dakota Nature Park. There are no further adjusted bid
quantities for this phase of the project.
F. Re-statement of City of Brookings Annexation Policy for Taylor Fireworks Property.
VISION 2020 COMPREHENSIVE PLAN -Annexation Plan. An annexation plan is essentia)
for the managed growth of Brookings. The Comprehensive Plan has identified
undeveloped areas within the city as well as future growth areas in the county. It is
important to actively promote development on vacant lands in the city prior to further
annexations since the infrastructure is already in place or nearby. This will result in a
more compact and efficient development pattern which is an identified objective for our
community.
Proposals for annexation of lands should adhere to standard policies and procedures in
order to avoid inconsistent decisions. This may be particularly significant when the city
initiates an annexation or considers annexing a rural subdivision. The challenge for the
city is to maintain an adequate, but not excessive, supply of land for new development
while, at the same time, recognizing the need to annex land in advance of major
developments. This will allow the city to plan for more timely and economical public
improvements and ensure that new developments are designed to meet city standards.
The following guidelines should be applied when annexations are proposed:
1. Identify annexation areas that represent a log+cal service extension area for streets
and utilities.
2. Determine the current available, undeveloped land and assess the estimated rate of
development.
3. Identify potential adverse economic, social or environmental impacts resulting from
annexation actions.
4. Ensure that public services and facilities can be readily provided through
coordination with the Capital Improvements Program.
5. Annex undeveloped land, within the future land use area,well in advance of its
development.
6. Annex contiguous, rural subdivisions when it becomes feasible to provide city
utilities and services.
It is reasonable to assume those affected residents and property owners will be
concerned about annexations. Not only will there be a new political jurisdiction
involved, but different urban services, zoning regulations and street and utility
improvements may impact the character of the area.
All present voted yes; motion carried.
First Readin�Ordinance No. 22-13. First reading was held on Ordinance No. 22-13, an
Ordinance authorizing a supplementat appropriation to the 2013 Budget for the purpose of
providing for additional funds for the operation of the City. Public Hearing: December 17,
2013.
First Readin�Ordinance No. 23-13. First reading was held on Ordinance No. 23-13, an
Ordinance rezoning the S 1,22' of the N 1,608' of the E 1,341' of the NE%of Section 2-T110N-
R50W from an Agriculture A District to a Residence R-1C and R-3 District and a Business B-2
District(2200 Block of Main Avenue South). Public Hearing: December 17, 2013.
Ordinance No. 21-13. A public hearing was held on Ordinance No. 21-13, a petition to rezone
Lot 100 of Block 2, Windermere Pointe Addition from an R-3 District to a B-2A District; and
Block 5, Windermere Pointe Addition from an Ag District to an R-3 District (1300 Block of 2pin
Street South). No public comment. A motion was made by Niemeyer, seconded by Thorpe,to
approve Ordinance No. 21-13. All present voted yes; motion carried.
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Annual Liquor&Wine License Renewals. A public hearing was held on the following Annual
Liquor and Wine License Renewals for 2014: Liquor (Off-Sale): Brookings Municipal Liquor
Store, 780 22"d Ave. So. Liquor (On-Sale): Fireside Inc., 2515 E. 6th St.; Applebee's/Porter Apple
Co. B Inc., 3001 LeFevre Dr.; BraVo's Inc., 610 Medary Ave.; Buffalo Wild Wings Bar&Grili, 1721
6th St.; Cubby's Sports Bar& Grill /GDT Inc., 307 Main Ave.; Danny's/ David Olson Inc., 703
Main Ave. Sa.; BPO Elks/ Brookings Lodge#1490, 516 4th St.; Half Pint Enterprises, Inc. / Lantern
Lounge, 303 3rd St.�Jim's Tap, 309 Main Ave.; 9 Bar Nightclub (Nine Inc.), 303 Main Ave.; Old
Market Eatery, LLC, 424 5th St.; Park Hospitality, Inc., 2500 6th St.; Pheasant Cafe & Lounge, 726
Main Ave. So.; Pints & Quarts, 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; Ray's Corner
/ Fergen Enterprises Inc., 401 Main Ave.; Skinner's Pub Inc., 300 Main Ave.; B&L Sullivan
Inc./Sully's trish Pub, 421 Main Ave.; GEO Dokken Post 2118/VFW, 520 Main Ave. Restaurant
On-Sale : Whiskey Creek Wood Fire Grill/Brookings Steak Co. LLC, 62132"d Ave. Wine (On-Off
Sale : Aramark/McCrory Gardens Visitors Center, 6th St. & 22"d Ave.; BraVo's Inc., 610 Medary
Ave.; Brookings Municipal Liquor Store, 780 22"d Ave. So.; Carpy's Pub, 714 22"d Ave. So.; CHS,
Inc. /Zip Trip #63, 1005 6th St.; CHS, Inc./Zip Trip#64, 3045 LeFevre Dr.; Children's Museum of
South Dakota, 5214th St.; Cottonwood Coffee Inc., 1710 6th St.; Guadalajara, 1715 6th St., Suite
F; Hy-Vee Food Store, 700 22"d Ave.; Krave, Inc., 1040 22"d Ave. So.; Old Sanctuary, 928 4t"St.;
Pheasant Cafe & Lounge, 726 Main Ave. So.; Rian Corp./Italian Garden, 1300 Main Ave. So.;
Sake, Inc., 724 22nd Ave. So.; Schoon's Pump N' Pak South, 1205 Main Ave. So.; Skinner's Pub
Inc., 300 Main Ave.; Swiftel Center, 824 32"d Ave.; Wal-Mart Supercenter#1538, 2233 6th St..
No public comment. A motion was made by Kubal, seconded by Corbett,to approve. All
present voted yes; except Thorpe abstained, motion carried.
Resolution No. 148-13. A public hearing was held on Resolution No. 148-13, a Resolution
Levying Assessment for Street Assessment Project No. 2012-02STA, 32"a Avenue Street
Assessment Project. Public hearing: Rich Helsper representing property owners A&8 Rental,
TW Enterprises, Inc., Steve Jorenby, and JD Thelen requested a settlement of 50/50
participation, 5 year, no interest payment, and amortized equally. A motion was made by
Niemeyer, seconded by Kubal,to approve Resolution No. 148-13. AMENDMENT: A motion was
made by Bezdichek, seconded by 7horpe,to amend the resolution to zero percent interest of
the 75% assessment ($159,180) with the term not to exceed 5 years with equal installments. If
any further litigation,that interest free loan would cease at that time. On the amendment, all
present voted yes; motion to amend carried. On the main motion as amended, all present
voted yes; motion carried.
Resolution No. 148-13- Levying Assessment for Street Assessment
Project No. 2012-02STA 32"d Avenue Street Assessment Project
Whereas,the City Council has provided for the construction work to be completed under
Project No. 2012-025TA, 32"d Avenue Street Assessment Project.
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made a11 investigation which it deems necessary and has found and
determined that the amount which each lot or tract will be bene�ted by the construction of
the street improvement heretofore designated as Street Assessment Project No. 2012-
02STA is the amount stated in the proposed assessment rol1,with the abutting properties in
the Thelen's Addition receiving a twenty-five (25%) percent reduction in the assessment as
approved by Resolution No. 39-12.
2. The assessment for Street Assessment Project No. 2012-02STA is hereby approved and the
assessment thereby specified are levied against each and every lot, piece or parcel of land
thereby described.
3. The assessment shal! be divided into five (5) equal annual installments for the street costs
and the interest shall be zero (0) percent per annum on the unpaid balance of the street
costs assessment for a maximum period of�ve (5)years, with interest and penalties
applicable to any unpaid or delinquent installments.
4. 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 to SDCL 9-43-102.
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5. The costs for water services, wet taps and driveway approaches shall due upon 30 days
after invoicing by the City.
Resolution No. 149-13. A public hearing was held on Resolution No. 149-13, a Resolution of
Intent to Lease Real Property to Private Person (Oines Farms, LLC)the following property: the
designated farmland of thirty (30) acres more or less in the Brookings Wiese Addition, Section
19-T110N-R49W, and forty (40) acres more or less in the Brookings Freeland Addition, Section
18-T110N-R49W in the City of Brookings, Brookings County, South Dakota. No public comment.
A motion was made by Niemeyer, seconded by Kubal,to approve Resolution No. 149-13. All
present voted yes; motion carried.
Resolution No. 149-13 - Resolution of Intent to Lease Real Property to Private Person
Be !t Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with Oines Farms, LLC for a period of two (2) years,
commencing on March 9, 2014 and ending December 31, 2015, and pertaining to the following
described property: the designated farmland of thirty (30) acres more or less in the Brookings
Wiese Addition, in Section 19,T110N, R49W, and the designated farmland of forty (40) acres
more or less in the Brookings Freeland Addition, in Section 18,T110N, R49W in the City of
Brookings, Brookings County, South Dakota.
The Lease will be an amount of Two Hundred Ninety Dollars and Two Cents ($290.02) per acre
for farmland annually, payable first half on April 15Y and the remaining half on November 15t.
The City of Brookings may terminate this Lease at any time in the event a parcel of the above
described property is to be sold by the City of Brookings. If a portion of the leased land is sold,
the number of acres to be paid for will be adjusted at the unit price per acre.
Be It Further Noted,that a Public Hearing on this Resolution was held on December 10, 2013 at
6:00 o'clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Resolution No. 150-13. A public hearing was held on Resolution No. 150-13, a Resolution of
Intent to Lease Real Poperty to Private Person (LN1 Farms & Ranch)the following property: the
designated hay/pasture land of sixty (60) acres more or less in Section 21-T110N-R50W in the
City of Brookings, Brookings County, South Dakota. No public comment. A motion was made
by Corbett, seconded by Kubal,to approve Resolution No. 150-13. All present voted yes;
motion carried.
Resolution No. 150-13- Resolution of Intent to Lease Real Property to Private Person
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with LNJ Farms & Ranch for a period of two (2)years,
commencing January 1, 2014 and ending December 31, 2015, and pertaining to the following
described property: the designated hay land, sixty(60) acres more or less, in Section 21, .
T110N-R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of One Hundred Forty Three Dollars and One Cent per acre
($143.01)for hay land, payable first half on April 15t and the remaining half on November 15t of
each year.
Be It Further Noted,that a Public Hearing on this Resolution was held on December 10, 2013 at
6:00 p.m. in the Chambers of the City& County Government Center and that all persons were
given an opportunity to be heard on the intent to lease real property.
Resolution No. 151-13. A public hearing was held on Resolution No. 151-13, a Resolution of
Intent to Lease Real Preoprty to Private Per,son (LNJ Farms& Ranch)the following property:
the designated hay land of fifty-seven (57) acres more or less in Sections 26, 27, 28-T110N-
RSOW in the City of Brookings, Brookings County, South Dakota. No public comment. A motion
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was made by Kubal, seconded by Niemeyer, to approve Resolution No. 151-13. A[I present
voted yes; motion carried.
Resolution No. 151-13 - Resolution of Intent to Lease Real Property
to Private Person (Airport hayland)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with LNJ Farms & Ranch for a period of two (2) years,
commencing on January 1, 2014 and ending December 31, 2015, and pertaining to the
following described property: the designated hayland on the Brookings Regional Airport,fifty-
seven (57) acres more or less in Sections 26, 27, and 35,T110N, R50W, in the City of Brookings,
Brookings County, South Dakota.
The Lease will be an amount of One Hundred Thirty Seven Dollars and Seventy Six cents
($137.76) per acre for the hayland, payable first half on April 15t and the remaining half on
November 1St. The City of Brookings may terminate this lease at any time in the event a parcel
of the above described property is to be adjusted by the City of Brookings. If a portion of the
hayland is changed,the number of acres to be paid for will be adjusted at the unit price per
acre.
Be It Further Noted,that a Public Hearing on this Resolution was held on December 10, 2013 at
6:00 p.m. in the Chambers at the City& County Government Center and that all persons were
given an opportunity to be heard on the intent to lease real property.
Resolution No. 153-13. A motion was made by Corbett, seconded by Niemeyer,to approve
Resolution No. 153-13, a Resolution authorizin�purchase of right-of-way for a portion of future
26th Street. No public comment. All present voted yes; motion carried.
Resolution No. 153-13- Resolution Authorizing the Acquisition of Real Property for
Ri�ht-Of-Way Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas,for the purpose of acquisition of real property to provide right-of-way for 26th Street
South which will serve the new elementary school and which is necessary for right-of-way
purposes; and
Whereas,the City of Brookings desires to purchase,for the purpose described above,the
following described property to be platted as: Lot R1 in 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 Sth P.M., County of Brookings, State of South Dakota, containing
1.05 acres, more or less; and
Whereas,the City of Brookings has received the approval of the owner of the above-
described property,Terry N.Taylor,for the sale and purchase of the above-described
real property for the sum of$25,0OO.OQ per acre; and
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the City acquire title to the above-described property pursuant to Real Estate
Purchase Agreement with Terry N. Taylor for the purpose of acquisition of the
above-described real property for right-of-way purposes; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute
the Real Estate Purchase Agreement and other required documents in accordance
with this Resolution.
Resolution No. 152-13. A public hearing was held on proposed Resolution No. 152-13, a
Resolution in support of a review of the taxation exemptions enjoyed by the Federal Farm
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Credit System Institutions and Federal Credit Unions. Public hearing: PRO side: Kevin Tetzlaff,
First Bank and Trust and SD Banking Association. CON side: Jeff Olson, Advocacy for Credit
Union Association of the Dakotas; Nick Vande Weerd and Ken Keegan, Farm Credit Services of
America; Dan Cumbee, Dakotaland Federal Credit Union; Evelyn Freezing, and Chad Moller. A
motion was made by Bezdichek, seconded by Kubal, to table action on Resolution No. 152-13, a
Resolution in support of a review of the taxation exemptions enjoyed by the Federa( Farm
Credit System Institutions and Federal Credit Unions. On the vote to table; Corbett, Niemeyer
and Reed voted NO and Bezdichek, Kubal and Thorpe voted YES; motion failed. A motion was
made by Thorpe, seconded by Corbett,to propose a substitute resolution. All present voted
yes; except Bezdichek voted no, motion carried.
Resolution No. 152-13 - Resolution in Support of a Congressional Review of the Federal
Tax System and its Impact on Local Government
Whereas, federal revenue sharing funding for local government operations and special projects
such as infrastructure, economic development, and community programming has become
increasingly limited; and
Whereas,the complexities and inequities of the federal tax code pertaining to local government
services has served to reduce funding of vital services provided by local governments; and
Whereas, the federal government has an inherent responsibility to further the public interest to
assist with the basic provision of local government services such as education, health, safety,
transportation, housing, economic development, public utilities, and the necessary
infrastructure associated herewith.
Now,Therefore Be It Resolved by the City Council of the City of Brookings, South Dakota that
the Congress of the United States undertake a comprehensive review of all existing tax laws
affecting state and local funding with the goal of providing and promoting equitable funding
formulas for local government services and infrastructure, minimizes economic distortions,
reduces administrative and compliance costs, and increases governmental transparency.
Resolution No. 154-13. A motion was made by Corbett, seconded by Kubal,to approve
Resolution No. 154-13, a Resolution authorizing the acquisition of Real Property from Marvin
and Joyce Post for Airport Purposes for$25,000 containing.44 acres more of less with the exact
legal description to be determined by mutual agreement of the parties. No public comment.
All present voted yes; motion carried.
Resolution No. 154-13- Resolution authorizing the Acquisition of
Real Property for Airport Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, for the purpose of acquisition of real property for the placement of a Brookings
Regional Airport outer marker which is necessary for airport avigation, and
Whereas, the City of Brookings desires to purchase, for the purpose described above, the
following described property:The North One Hundred Ninety-three Feet (N 193') of the East
One Hundred Feet (E 100') of the West Four Hundred Thirty-six and Fifty-two Hundredths Feet
(W 436.52') of the Northwest Quarter(NW%), EXCEPT Block One (1) Lakeview Addition thereof,
of Section Ten (10),Township One Hundred Ten (110) North, Range Fifty-one (51) West of the
5th P.M., County of Brookings, State of South Dakota, subject to public road right-of-ways and
easements of record, containing 0.44 acres, more or less, with the exact legal description to be
determined upon mutual agreement of the parties; and
Whereas,the City of Brookings has received the approval of the owners of the above-
described property, Marv Post and Joyce Post, for the sale and purchase of the above-
described real property for the sum of$25,000.00;
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Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota,
as foliows:
A. That the City acquire title to the above-described property pursuant to Real Estate
Purchase Agreement with Marv Post and Joyce Post for the purpose of acquisition of
the above-described real property for necessary airport improvements; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute the Real Estate Purchase Agreement and other required documents in
accordance with this Resolution.
Citv Mana�er 2014 Compensation Packa�e. A motion was made by Bezdichek, seconded by
Corbett,to approve the City manager 2014 Compensation Package (increase annual
compensation by 5.75°�for a monthly rate of$7,714.90, increasing annual salary from
$134,172.15 to $141,887.05, including a $500/month car allowance). No public comment. All
present voted yes; motion carried.
A motion was made by Reed, seconded by Bezdichek,to bring back to the City Council an
amended contract for the City Manager Jeff Weldon that modifies Section 19B of his
employment agreement by extending severance compensation from 6 to 12 months and
adding a section that will extend his retirement benefits as described in Section 8.1 of City
Personnel Policy: The City will pay 100%for group health, dental, medical, vision and life for
him until reaches Medicare eligibility. All present voted yes; motion carried.
Adiourn, A motion was made by Corbett, seconded by Kubal,to adjourn. All present voted
yes; motion carried. Meeting adjourned 9:02 p.m.
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