HomeMy WebLinkAboutCCMinutes_2014_01_14 16 �
Brookings City Council
January 14, 2014
The Brookings City Council held a meeting on Tuesday,January 14, 2014 at 6:00 p.m., at City
Hall with the foliowing 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 Weldon 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 December 10 and December 17 Counci{ Meeting Minutes.
C. Action on an appointment to the Brookings Health Systems Board of Trustees:
appoint Dick Peterson (term: 1/14/2014-1/1/2016, filling Zeno Wick's unexpired term).
D. Action on Resolution No. 01-14, a Resolution authorizing Change Order No. 2 Final
(CCO#2 Final)for 2013-01SWR, Concrete Maintenance Project;Timmons Construction.
Resolution No. 01-14- Resolution authorizing Change Order No. 2 Final (CCO#2 Final)
for 2013-01SWR, Concrete Maintenance Project;Timmons Construction
Be It Resolved by the City Council that the following change order be allowed for 2013-
01SWR, Concrete Maintenance Project: Construction Change Order Number 2: Adjust
contract from bid quantities to as-built quantities for a total decrease of$3,496.48 to
close out the project.
E. Action on Resolution No. 02-14, a Resolution authorizing the Mayor to sign documents
for P3273(09) PCN 03CT, 17th Avenue South from 6th Street to 8th Street South,
Brookings.
Resolution No. 02-14-A Resolution authorizing the Mayor to sign documents
for P3273(09) PCN 03CT, 17th Avenue South from 6t" Street to 8th Street South,
Brookings
Whereas,the Brookings City Council desires the construction of Project P273(09) PCN
03CT, 17th Avenue South from 6th Street to 8th Street South in Brookings, SD; and
Whereas,the City of Brookings is obligated and hereby agrees to provide proper
maintenance as required for the project after construction is completed in accordance
with State and Federal requirements; and
Whereas,the City of Brookings certifies that all work involved in the project will take
place within the City's right-of-way and easements, and that no additional right-of-way
is required.
Now Therefore, Be It Resolved that the mayor of the City of Brookings is authorized to
sign the Right-of-Way Certificate, Utility Certificate, Bid Letting Authorization, and
Agreements for Voluntary Ri�ht of Way Donations for Project P273(09) PCN 03CT for
17th Avenue South from 6th Street to 8th Street South, Brookings, SD.
F. Action on Resolution No. 06-14, a Resolution authorizing Change Order No. 1(CCO#1
Final)for 2013-02S51, 20th Avenue& Minnesota Drive Drainage Improvement Project;
Bowes Construction, Inc. -
Resolution No. 06-14-A Resolution authorizing Change Order No. 1 (CCO#1 Final) for
2013-02551, 20th Avenue & Minnesota Drive Drainage Improvement Project; Bowes
Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2013-
02SS1 20th Avenue & Minnesota Drive Drainage Improvement Project: Construction
Change Order Number 1 (Final). Adjust plan quantities to as-built quantities fo�a total
decrease of$6,464.15 to close out the project. Adjust contract substantial completion
date 6 working days due to weather to close out the project, which will result in 13
working days at $25.00 per day being charged to the contract.
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All present voted yes; motion carried.
SDSU Student Senate. The Senate presented a resolution supporting improving public
transportation in the City of Brookings.
Ordinance No. 24-13. McClemans left the dias due to conflict of interest. A public hearing 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 a Residence R-01A
District to a Residence R-3 District all in the SE %of Section 22-T110N-R50W (913 Western
Avenue). No public comment. A motion was made by Corbett, seconded by Kubal,to approve
Ordinance No. 24-13. All present voted yes; motion carried.
Resolution No. 03-14. McClemans returned to the dias. A public hearing was held on
Resolution No. 03-14, a Resolution Annexing the North 35 feet of the East 1,309.59 feet of the
NE%of the SW%of Section 2-T110N-R50W (26th Street South and Main Avenue south area).
No public comment. A motion was made by Niemeyer, seconded by McClemans,to approve
Resolution No. 03-14. All present voted yes; motion carried.
Resolution No. 03-14- Resolution Annexing the North 35 feet of the
East 1,309.59 feet of the NE%of the SW%of Section 2-T109N-R50W
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:The
north 35 feet of the east 1309.59 feet of the NE%of the SW%of Section 2-T109N-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.
Resolution No. 04-14. A public hearing was held on Resolution No. 04-14, a Resolution
Annexing the SW% of the NW% of Section 2-T109N-R50W (south of Moriarty Heights
Addition). No public comment. A motion was made by Kubal, seconded by Niemeyer,to
approve Resolution No. 04-14. All present voted yes; motion carried.
Resolution No.04-14- Resolution annexing
the SW%of the NW%of Section 2-T109N-R50W
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: SW%of
the NW%of Section 2-T109N-R50W; and
Whereas,the aforesaid land is contiguous to the present boundaries of the City of Brookings; and
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Whereas,the City of Srookings 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.
Resolution No. 05-14. A public hearing was held on Resolution No. 05-14, a Resolution of
Necessity on Proposed Street Assessment Project 2014-02STA, Main Avenue South & 26t"
Street South. No public comment. A motion was made by Niemeyer, seconded by Corbett,to
approve Resolution No. 05-14. All present voted yes; motion carried.
Resolution No. 05-14- Resolution of Necessity on Street Assessment Project 2014-02STA,
Main Avenue South &26th Street South
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
The City Council of the City of Brookings hereby declares the necessity of construction of the
streets and public improvements of the City as follows:
Water main, sewer main, water/sewer services, storm sewer, 26th Street South right-of-way
acquisition, grading, curb and gutter, gravel base course and asphalt or concrete pavement for
a total street width of forty one (41')feet for Collector Streets and sixty (60')feet for Arterial
Streets, located as follows: Collector Street Location: 26th Street South from Main Avenue to
the Western Avenue; and Arterial Street Location: Main Avenue South from 20th Street South
to the south approximately 2,740 feet.
All in the County of Brookings, State of South Dakota.
26th Street South Improvements
1. The general nature of the improvements is set forth above and reference for details is
hereby made to the drawings and speci�cations prepared by the City Engineer and on
file with the City Clerk.
2. The material to be used is concrete for curb and gutter and the following materials for
the street construction:
Concrete pavement or asphalt surface course on an asphalt base course pavement on
crushed gravel or an equivalent surface material.
The water and sanitary sewer mains shall be PVC pipe. Storm Sewer shall be reinforced
concrete pipe.
Property acquisition of right-of-way for 26th Street South is approximately thirty-five
(35')feet wide by one thousand three hundred nine (1,309')feet long.
3. The 26th Street South improvement+s substantially uniform. The estimated cost of curb
and gutter is$27.00 per linear foot of street or$13.50 per side of street.
The estimated construction cost for water main, sanitary sewer main, water and sewer
services, grading, storm drainage, gravel base course and asphalt or concrete surfacing
to a width of thirty-one (31')feet is approximately$774.76 or$387.38 per side of street.
Therefore,the proposed total estimated assessment per front foot of property is
$400.88.
The City will assume and pay for any extra thickness required on collector streets in
excess of that described for residential streets and for the extra width of the street
which exceeds 31 feet from back of the curb to back of the curb. Brookings Municipal
Utilities will pay for sanitary or water main pipe over eight inches in diameter as per
BMU policy.
The estimated cost for property acquisition of right-of-way for 26th Street South is
approximately$20.05 per front foot of property. The cost of right-of-way acquisition
will be assessed to the abutting property of Christie Third Addition in the NW%of
Section 2,T109N, R50 W and the South 229.0 feet of the SE%of the NW'/ Lying east of
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the East line of Christie 3rd Addition in Section 2, T109N, R50W of the 5t" P.M., in the
City of Brookings, Brookings County, SD.
4. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying adjacent to the street described above will be
assessed for curb and gutter, water main, sewer main, water and sewer services,
grading, paving and surfacing. The lots to be assessed for property acquisition are
described above.
5. The method of apportionment of benefits is as follows:
The cost of improvements described above are to be assessed against all assessable lots
and tracts of land according to the front foot benefits determined by the governing
body to accrue to all such lots and tracts from the construction of the improvement.The
assessed amount includes engineering and administration costs. In addition, the cost of
improvements to street intersections and the long side of corner lots will be assessed to
lots and tracts of land lying within one-half block or three hundred feet of the streets
hereinabove described, whichever is less. Therefore,the cost of these improvements
will be apportioned to all assessable lots and tracts of land lying within one-half block or
300 feet of the street being improved,whichever is less.
For the water main abutting the Christie Heights Addition,the assessment shall be
divided into five (5) annual installments and the interest shall be zero (0) percent per
annum on the unpaid balance of the assessment costs for a maximum period of five (5)
years, with interest and penalties applicable to any unpaid or delinquent installments.
The first annual payment shall be due December 31, 2015 with subsequent annual
payments due on December 31 each year.
The assessment for all other assessable properties shall be divided into ten (10) equal
annual installments and interest of ten (10) percent per annum shall accrue on the
unpaid balance of the assessment.
Main Avenue South Improvements
The general nature of the improvements is set forth above and reference for details is hereby
made to the drawings and specifications prepared by the City Engineer and on �le with the City
Clerk.
1. The material to be used is concrete for curb and gutter and the following
materials for paving of the street:
Asphalt surface course on an asphalt base course or concrete pavement on
crushed gravel or an equivalent surface material.
The sanitary sewer and water mains shail be PVC pipe. Storm sewer shail be
reinforced concrete pipe.
2. The Main Avenue South improvements are substantially uniform. The estimated
cost of water main, sanitary sewer lift station and sanitary sewer force main is
approximately$2,850.00 per acre of real property.
The City will assume and pay for the arteria! street construction and surfacing
and associated storm sewer, traffic signals, and sidewalk improvements for
arterial street construction.
In addition,the City will assume and pay for the gravity sanitary sewer
improvements within and along Main Avenue South. Brookings Municipal
Utilities will pay for sanitary or water main pipe over eight inches in diameter as
per BMU policy.
Therefore,the proposed estimated assessment on an area basis is $2,850.00 per
acre of rea! property.
3. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying within the sanitary sewer service area
of Main Avenue South as described above.
4. The method of apportionment of bene�ts is as follows:
The cost thereof to be assessed against all assessable lots and tracts of land
within the sanitary sewer service area according to the benefits determined by
the governing body to accrue to all such lots and tracts from the construction of
the improvement. The assessed amount includes engineering and administration
costs.
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For Prairie Hills Addition, Christie Springs Addition and Christie Heights Addition,
the assessment shall be divided into five (5) equal annual installments and the
interest shall be zero (0) percent per annum on the unpaid balance of the
assessment costs for a maximum period of five (5) years, with interest and
penalties applicable to any unpaid or delinquent installments. The first annual
payment shall be due December 31, 2015 with subsequent annual payments due
on December 31 each year.
The assessment for all other assessable properties shall be divided into ten (10)
equal annual installments and interest of ten (10) percent per annum shall
accrue on the unpaid balance of the assessment.
The above-described improvement shall be hereinafter referred to as Street Assessment
Project No. 2014-02STA,which shall be deemed a description of the improvement of the streets
as hereinabove set forth.
Public Comment—Allowin�chickens in residential zones. Pro and con public comment was
received pertaining to a potential ordinance relaxing restricti.ons on allowing chickens in
residential zones. The Council did not take any action on this issue.
Citv Mana�er Emplovment A�reement. A motion was made by Corbett, seconded by Kubal,to
approve amendments made to the City Manager's Employment Agreement. No public
comment. All present voted yes; motion carried.
For the employment contract executed by the City Council of Brookings and leffrey W. Weldon
for services as City Manager executed November 13, 2007,the following amendments are
made:
Section 19. Termination and Severance Pav
A. The City Manager wi11 serve at the will of the Council and may be terminated
immediately in the sole discretion of the City, with or without cause, at any time.
B. Should the Council terminate the City Manager's employment without cause during any
year of employment,the City Manager will receive�}twelve 12 months of notice
or severance compensation. In each instance,the Council will have absolute discretion
as to whether to provide advance notice or to provide severance pay. City Manager
shall also be compensated for all remaining accrued vacation benefit time to the date of
termination. Severance compensation shall be payable on a monthly basis on the same
schedule as other management level payroll. Severance compensation shall include all
benefits provided in this Agreement. The obligation to pay severance compensation,
however, will terminate when the City Manager has obtained a position of comparable
responsibility and compensation.
C. In the event the City Manager is terminated for cause or for a conviction of a crimina{
offense,then, in that event,the City shall have no obligation to pay the severance
compensation indicated in the above paragraph. Examples of cause may include, but
are not limited to:
(1) City manager willfully and continuously fails or refuses to comply with the
terms of this Agreement or the policies, standards and regulations of the City
as are from time to time established;
(2) City Manager shall be found guilty of fraud, dishonesty, misappropriation of
funds, embezzlement, or other act of misconduct in the rendering of services
on behalf of the City.
D. Nothing in this agreement shall be construed to prevent, limit, or otherwise interfere
with the right of the Council to terminate the services of the City Manager at any time or
with the right of the City Manager to resign from his position as City Manager of the City
at any time.
Section 11. lnsurance
A. The City will provide City Manager, at a minimum, with health, life, dental, and vision
insurance coverage at the same rate as other management exempt employees. As per
City Policy,the City will pay 75%of premiums for health insurance for the City Manager
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and his dependents, 75%of single premium toward all plans for dental and vision
coverage, and 100%of basic term and AD&D life insurance premiums providing Fifty
Thousand ($50,000) coverage. In addition,the City will offer City Manager participation
in the Section 125 Flex Plan. Additional insurance coverage may be availabie at the City
Manager's sole expense.
B. City shall furnish and provide City Manager with insurance protection including
comprehensive general liability and errors and omissions coverage applicable to all acts
or omissions of City Manager arising out of his employment.
C Provided the Citv Manager retires from the Citv no sooner than June 1, 2018,the Citv
Mana�er shall be eligible for 100 percent reimbursement of the total cost for the retiree
�roup health, dental vision, hearin� and life insurance offered bv the Citv as outlined in
the insurance policv of the Citv in effect at that time until such time as the Citv Manager
reaches Medicare eli�ibilitv pursuant to all other terms and conditions of Section 8 of
the Citv Personnel Policv.
Adiourn. A motion was made by Corbett, seconded by Kubal,to adjourn. All present voted
yes; motion carried. Meeting adjourned 7:32 p.m.
CITY OF BROOKINGS
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S�°;"'Tf°�'�tir Tim Reed, Mayor
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Shari Thornes, City Clerk