HomeMy WebLinkAboutCCMinutes_2002_10_28 016
Brookings City Council
October 28, 2002
The Brookings City Council convened on Tuesday, October 28, 2002, in regular session at 5:30 p.m. at City
Hall with the following members present: Mayor Virgil Herriott, Council Members Sam Artz, Tom Bozied,
Doris Roden, Zeno W. Wicks III, Scott Munsterman and Mike McClemans. City Manager Michael Williams,
City Attorney Steve Britzman, and Jan Duchscherer, filling in for City Clerk were also present. The Council
toured the Brookings Landfill at 4:00 p.m. prior to the action meeting.
Consent A�enda. A motion was made to amend the agenda to include an executive session for discussion of
the DM&E Building and the Bozied/City Lawsuit. A motion was made by Artz, seconded by Roden, to
approve the consent agenda, as amended, which included; approval of the October 15, 2002 minutes; action to
appoint Justin Hyde to the Planning Commission; action on Resolution 50-02, accepting gift of land for park
purposes; action on Resolution 51-02, authorizing the use of contingency for a cash flow loan for the MultiPlex;
Resolution 55-02, assessment roll on 2002-03STA; action on Resolution 54-02, assessment roll on 2002-02STA
; and action on Resolution 53-02, authorizing a final change order for 2002-06STI,Schedule A. All present
voted yes; motion carried.
Resolution No. 50-02
Resolution Accepting The Gift Of Land
WHEREAS, Lowell J. and Norma J. Hyland have donated Lot 11, Block 2, of the Sarah Renee Addition to the
City of Brookings; and
NOW THEREFORE BE IT RESOLVED,the City of Brookings graciously accepts the donation of land as
described above and agrees to use the land as a public park and shall be named the Sarah Renee Park.
Passed this 28th day of October 2002.
Resolution No. 51-02
Resolution Authorizing Use Of The Contingency Fund and Authorizing The
Replenishment Of Contingency Fund
WHEREAS, the City Council has approved an advance on the 2003 Multiplex appropriation of$SO,OOQ,
and
WHEREAS, the advance of$50,000 will be appropriated from the 2002 budget and the approved 2003
appropriation will be reduced by $50,000, and
NOW THEREFORE BE IT RESOLVED, that the City Council approves the use of Contingency Funds
in 2002 in the amount of$50,000 for appropriation to the Multiplex, and
IT IS FURTHER RESOLVED, that in the 2003 Budget the appropriation to the Multiplex be reduced by
$50,000, and
BE IT AUTHORIZED by the City Council that the City Manager is directed to make said changes.
SUMMARY:
2002 Budget Increase Decrease
101495585658 Multiplex Appropriation $50,000
101405585699 Contingency $50,000
2003 Budget
101495585658 Multiplex Appropriation $50,000
PASSED and ADOPTED this 28�'day of October 2002.
Resolution No. 55-02
Resolution Directing Preparation Of Assessment Roll, Dividing Assessments Into Installments,
And Providing For The Collection Thereof For Street Assessment Project 2002-03STA
(Alley from 14�`Ave. to 16�'Ave. between Z"d St. and 3''d St.)
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 a Resolution of Necessity
for Street Assessment Project No. 2002-03STA. 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. 2002-03STA 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 his
office showing the total cost of said improvement as follows:
Contract price $13,784.88
Engineerin�, inspection, fiscal,
legal expense and publication 827.09
$14,611.97
4. The total cost of said improvement shall be paid as follows:
Assessable costs $14,611.97
o � �
5. There shall be made and filed in the office of the City Manager an assessment roll for said
improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the
a11ey constituting said improvement.
6. The assessment shall be divided into five(5) 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%).
Passed and approved this 28�'day of October 2002.
Resolution No. 54-02
Resolution Directing Preparation Of Assessment Roll,Dividing Assessments Into Installments, And
Providing For The Cotlection Thereof For Street Assessment Project 2002-02STA
(Alley from 7`h St. to 8�' St. between 2"d Ave. and Main Ave.)
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 a Resolution of Necessity
for Street Assessment Project No. 2002-02STA. 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. 2002-02STA 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 his
office showing the total cost of said improvement as follows:
Contract price $9,290.57
Engineering, inspection, fiscal,
legal expense and publication 557.43
$9,848.00
4. The total cost of said improvement shall be paid as follows:
Assessable costs $9,601.80
Alley frontage(city) 246.20
$9,848.00
5. There shall be made and filed in the office of the City Manager an assessment roll for said
'mprovement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the
ley constituting said improvement.
6. The assessment shall be divided into five(5)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%).
Passed and approved this 28�`day of October, 2002.
Resolution No. 53-02
Resolution Authorizing Final Change Order(CCO#1 FINAL)For Street Improvement
Project 2002-06STI Schedule A (Chip Seal Project)
BE IT RESOLVED by the City Council that the following change order be allowed for Street
Improvement Project 2002-06STI Schedule A.
Construction Change Order Number 1 Fina1
Adjust estimated quantities as"as build" for a total decrease of$10,515.59.
Passed and approved this 28�`day of October, 2002.
Convention Visitor's Bureau Board Report. Dellas Cole, Convention Visitor's Bureau Board President,
submitted a report of the Board's recent activities. No action was taken.
ousemoving—Christenson. A public hearing was held on an application from Joyce Christenson to move a
ne-story ranch style home from the South Dakota Housing Development Authority to the property described as
ot 32, Block 1, Esther Heights, also known as 2120 Rhonda Road. Everyone present was given an opportunity
to be heard. A motion was made by Wicks, secanded by Roden, to approve the application. All present voted
yes; motion carried.
Ordinance No. 24-02—Conditional Use Permit-Clark Drew. A public hearing was held on Ordinance No.
24-02, an application for a conditional use permit for a contractor's shop and storage yard in a Business B-3
District located at Lots 13 and 14, Block 4, Folsom Addition, also known as 302 Folsom Street—Clark Drew
Construction. All present were given an opportunity to be heard. A motion was made by Bozied, seconded by
Munsterman, to approve Ordinance No. 24-02. Wicks abstained; All others present voted yes; motion carried.
018
Malt Bevera�c License—Hong Kong But�'et. A public hearing was held to approve an application for an on-
off sale malt beverage license for the Hong Kong Buffet located at 420 Main Avenue, Neng Yue Zhand, owner.
All present were given an opportunity to be heard. A motion was made by Munsterman, seconded by
McClemans, to approve. All present voted yes; motion carried.
Resolution 52-02 - Operating Asreement. Theouhania.LLC. A motion was made by McClemans,
seconded by Roden, to approve Resolution 52-02, a resolution authorizing the City Manager to enter into an
operating agreement with Nicholas Kolokythas Kolas owner of Theophania, LLC. This is a request to reassign
the Brookings Hospitality LLC (dab Quality Inn)Liquor Operating Agreement to Theophania, LLC (dba
Staurolite Castle and Suites), located at Block 12, Telkamp Addition, 2515 East Si�h Street, Both entities are
owned by Nicholas Kolas. All present voted yes; motion carried.
Resolution 52-02
Theophania, LLC Liquor Operating Agreement
BE IT RESOLVED by the city of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Liquor Management Agreement between the City of Brookings and
Theophania, LLC (dba Staurolite Castle and Suites), Nicholas Kolokythas Kolas, owner, 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
2515 East Sixth Street also known as the Staurolite Castle and Suites.
BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Agreement on behalf of the
City, which shall be for a period of five years, with a five year renewal, subject to approval of the City Council.
Passed and approved this 28th day of October, 2002.
Video Lotterv Request—Theoahania. LLC. A motion was made by Wicks, seconded by McClemans, to
approve a video lottery license request for the Staurolite Castle and Suites, 2515 East Si�h Street, owned by
Theophania, LLC. All present voted yes; motion carried.
Decem6er Planning Meeting Date A motion was made by Doris, seconded by Munsterman, to change the
planning session meeting date from Tuesday, December 10, 2002 to Monday, December 9, 2002 at 3:00 pm.
All present voted yes; motion carried.
Second & Third Ouarter Financial Reuorts Presentation. Michael Williams, City Mana�er presented the
financial reports. Rita Thompson, Finance Manager was introduced to the Council.
Uocoming Joint Utilitv Board/Citv Council Meeting. Subject to approval of the Utility Board, the Joint
Utility Board/City Council Meeting will be 12:00 Noon on Monday, December 9, 2002.
Eaecutive Session. A motion was made by Wicks, seconded by Roden, to enter into executive session to
discuss the DM&E Building and the BoziedJCity Lawsuit at 7:05 pm with the following individuals present.
Michael Williams, City Manager, Steve Britzman, City Attorney, Dick Smith, BEDC President and Jan
Duchscherer filling in for the City Clerk. All members voted yes; motion carried. Tom Bozied and Dick Smith
left the meeting at 7:40 pm. A motion was made by Wicks, seconded by Munsterman, to return to regular
session at 8:20 pm. All members voted yes; motion carried.
Adiournment. A motion was made by Wicks, seconded by Munsterman, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 8:20 p.m.
CITY OF BROUKINGS
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Virgil H. H ' tt, Mayor
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� har.� es, City Clerk