HomeMy WebLinkAboutCCMinutes_2013_12_17 157
Brookings City Councii
December 17, 2013
The Brookings City Council held a meeting on Tuesday, December 17, 2013 at 6:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members Mike
McClemans, Ope Niemeyer, Keith Corbett,John Kubal and Tom Bezdichek. Council Member Jael
Thorpe was absent. City Attorney Steve Britzman, City Manager Jeffrey W. Weldon and City
Clerk Shari Thornes were also present.
Consent A�enda. A motion was made by Corbett, seconded by Kubal,to approve the consent
agenda.
A. Action to approve the agenda.
6. Action on Resolution No. 155-13, a Resolution to authorize purchase of equipment off
Minnesota State bid for Crawler pozer.
Resolution No. 155-13 - Resolution Awarding Bid for a Crawler pozer
Whereas, the City of Brookings will purchase a John Deere 950J Crawler pozer off of the
State of Minnesota governmental bid that was held on March 8, 2013; and
Whereas,the City of Brookings will purchase from RDO Equipment Company, Burnsville
Minnesota the John Deere 950J Crawler pozer in the amount of$457,055.00.
Now Therefore, Be it Resoived that the bid from RDO Equipment Company in the
amount of$457,055.00 be accepted.
C. Action on the following Brookings Health System Board of Trustees Appointments:
Reappoint AI Baker and appoint Daryl England (terms 1/1/2014-1/1/2017).
D. Action on Resolution No. 156-13, a Resolution authorizing check write-off for
Brookings Municipal Liquor Store.
Resolution No. 156-13 - Resolution authorizing check write-off for the Brookings
Municipal Liquor Store
Whereas, The Brookings Municipal Liquor Store has received a total amount of$139.21
in insufficient funds and no account checks; and
Whereas, these checks and bills have been processed for collection with the States
Attorney and Sheriff's Office and have been considered uncollectible;
Now, Therefore Be It Resolved that the following checks totaling $139.21 for the �iquor
Store be determined as uncollectible and removed from the records. Such checks�w�al:
be retained by the State's Attorney Office to support possible subsequent collection of
that debt. 05/2011 Dane Miller, $60.52; 11/2011 Chad Swihart, $78.69; for a total of
$139.21.
E. Action on Resolution No. 157-13, a Resolution authorizing Change Order No. 2 (CCO#2
Final)for 2013-08STI Street Maintenance and Overlay Project; Bowes Construction,
Inc.
Resolution No. 157-13 -A Resolution Authorizing Change Order No. 2 (CCO#2 Final)for
2013-08ST! Street Maintenance and Overlay Project; Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2013-
08STI Street Maintenance and Overlay Project: Construction Change Order Number 2
Final. Adjust estimated bid quantities to "as-built" quantities for a total decrease of
$68,714.57 to close out the project.
F. Action on Resolution No. 158-13, a Resolution authorizing Change Order No. 2 (CCO#2)
Final)for 2012-01 Gateway Project;Timmons Construction, lnc.
Resolution No. 158-13 - Resolution Authorizing Change Order No. 2 (CCP#2 Final)for
2012-01 Gateway Project,Timmons Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2012-
01 Gateway Project: Construction Change Order Number 2 (Final). Adjust contract
completion date by 47 working days to close out the project.
G. Action on Resolution No. 161-13, a Resolution accepting Cable Television Public,
Education and Government (PEG) Grant.
Resolution No. 161-13- Resolution Accepting Cable Television Public,
Education and Government ("PEG") Grant
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
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Whereas, in accordance with Section 12(2) Government Access (d) Origination Points,
the City of Brookings and Mediacom Minnesota LLC ("Mediacom") agree that Mediacom
Minnesota LLC will provide a "PEG" Grant for government access-related equipment
pursuant to Section 12(2) of the Franchise Ordinance and the following terms;
(a) PEG Grant. Mediacom will provide a capita) grant to the City for use solely in support
of access-related equipment needs in the amount of Seventy Thousand Dollars
($70,000). The PEG Grant sha11 be payable within ninety (90) days of the Effective Date
of the Franchise Ordinance.
(b) PEG Fee. Within ninety (90) days of the EfFective Date of the Franchise Agreement,
Mediacom shall begin collecting Twenty Cents ($.20) per Subscriber, per month as a
"PEG Fee." Mediacom shall retain this PEG Fee for a period of up to ten (10) years from
the Effective Date of the Franchise Agreement or until Mediacom retains an amount
equal to the PEG Grant,whichever occurs first.
(c) Not Franchise Fees. Subject to the Cit�s compliance with applicable law regarding
the use of this PEG Grant,the PEG Grant shall not be deemed to be a Franchise Fee, and
Mediacom will not offset or reduce payment of past, present or future Franchise Fees
required as a result of payment of this PEG Grant to the extent permitted by applicable
laws.
Now Therefore, It Is Hereby Resolved by the City Council that the above-described Cable
Television Public, Education and Government ("PEG") Grant is accepted by the City of
Brookings, South Dakota, subject to the requirements set forth herein.
All present voted yes; motion carried.
Resofution No. 159-13. A motion was made by Kubal, seconded by Niemeyer,to approve
Resolution No. 159-13, a Resolution awarding a contract for an articulated 4-wheel drive loader
for the Park, Recreation & Forestry Department. All present voted yes; motion carried.
Resolution No. 159-13- Resolution awarding a contract for One New Articulated 4-Wheel Drive
Loader for the Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, December 10, 2013;
and
Whereas,the City of Brookings has received the following bids for One New Articulated 4-
Wheel Drive Loader: RDO Equipment Co., Sioux Falls, SD bid in the amount of$119,732,with a
trade-in value of$29,000 for the Volvo Loader,for a final bid of$90,732.00; and Butler
Machinery Co., Sioux Falls, SD bid in the amount of$142,948.;00, with a trade-in value of
$23,000 for the Volvo Loader,for a fina{ bid of$119,948.00. The capital budget for this
expenditure is $92,000.00.
Now Therefore, Be it Resolved that the bid from RDO Equipment Co. of Sioux Falls, SD in the
amount of$90,732.00 be accepted.
First Reading Ordinance No. 24-13. A first reading was held on Ordinance No. 24-13, an
Ordinance rezoning Lots 1, 3, and 4 of Outlot F from an Industrial I-1 District to a Residence R-3 �
District and Lot 2 of Outlot F from an Residence R-1A District to a Residence R-3 District all in,
the SE%of Section 22-T110N-R50W (913 Western Avenue). Public Hearing:January 14, 2014.
Ordinance No. 22-13. A public hearing was held on Ordinance No. 22-13, an Ordinance `
authorizing a supplementa) appropriation to the 2013 Budget for the purpose of providing for
additional funds for the operation of the City. No public comment. A motion was made by
Corbett, seconded by Niemeyer,to approve Ordinance No. 22-13. All present voted yes;
motion carried.
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Ordinance No. 23-13. A public hearing was held on Ordinance No. 23-13, an Ordinance
rezoning the S 1,220' of the N 1,608' of the E 1,341' of the NE% of Section 2-T109N-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: Rick and Sheri Longville requested the item be
tabled until further information could be provided. A motion was made by Niemeyer, seconded
by Bezdichek,to approve ordinance No. 23-13. All present voted yes; motion carried.
Liquor License Renewal. A public hearing was held on a Liquor License Renewal for Ram Pub &
O'Hare's, 327 Main Ave. No public comment. A motion was made by Kubal, seconded by
McClemans,to approve. All present voted yes; motion carried.
Resolution No. 160-13. A motion was made by Corbett, seconded by Bezdichek,to approve
Resolution No. 160-13, a Resolution adopting the Brookings County Pre-Disaster Mitigation Plan
for 2013-2017. No public comment. All present voted yes; motion carried.
Resolution No. 160-13 - Resolution Adopting the Brookings County
Pre-Disaster Mitigation Plan 2013-2017
Whereas, Brookings County received assistance in the preparation of the Brookings County Pre-
Disaster Mitigation Plan 2013-2017 from representatives of the City of Brookings and received
funding from the South Dakota Department of Emergency Management/FEMA; and
Whereas, several public planning meetings were held between June of 2013 and July of 2013
regarding the development and review of the Brookings County Pre-Disaster Mitigation Plan
2013-2017; and
Whereas,the Brookings County Pre-Disaster Mitigation Plan 2013-2017 contains several
potential future projects to mitigate hazard damage in the City of Brookings; and
Whereas,the Federal Emergency Management Agency (FEMA) has rendered its approval of the
Brookings County All Hazard Mitigation Plan on October 1, 2013; and
Whereas, a duly-noticed public hearing was held by the Brookings County Pre-Disaster
Mitigation Team on August 6, 2013 to solicit public comment on the Brookings County Pre-
Disaster Mitigation Plan 2013-2017; and
Whereas, a duly-noticed public meeting was held by the Brookings City Council on December
17, 2013 to formally approve and adopt the revised Brookings County Pre-Disaster Mitigation
Plan 2013-2017.
Now,Therefore, Be It Resolved that the Brookings City Council adopts the Brookings County
Pre-Disaster Mitigation Plan 2013-2017.
Adiourn. A motion was made by Corbett, seconded by McClemans,to adjourn. All present
voted yes; motion carried. Meeting adjourned 6:43 p.m.
CITY OF BROOKINGS
OF BROOk�N�
����'�Q Tim Reed, Mayor
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Shari Thornes, City Cler