HomeMy WebLinkAboutCCMinutes_2003_04_22 os �
Brookings City Council
Tuesday,Apri122, 2003
The Brookings City Council held an action meeting on Tuesday, Apri122, 2003 at 5:30 p.m. at City Ha11
with the following members present: Mayor Virgil Herriatt, Council Members Doris Roden, Zeno W.
Wicks III, Scott Munsterman, Tom Bozied, Mike McClemans and Sam Artz. City Manager Mike
Williams, City Attorney Steve Britzman, and Shari Thornes, City Clerk, were also present.
Consent Agenda. Action on bids for the First Nationat Bank Soccer Complex Tournament Field
Grandstand, action on various appointments, and action on Resolution 25-03, a Resolution in Support of
Activated Military Personnel and use of Contingency were all removed from the consent agenda. Action
on bids for Project 2003-03STI (20�` Street South)was added to the agenda.
A motion was made by Munsterman, seconded by Roden, to approve the consent agenda which includes
adoption of the agenda as amended, approval of the April 15, 2003 minutes, action to award the bid for a
lease purchase of a self-propelled mower to Sun Turf from Sioux Falls, SD in the amount.of an annual
$9,470 payment for three years. Bids were opened on April 15�'and no other bids were received; action
to award bids for the First National Bank Soccer Complex Multi-Purpose Building, Water Service Line&
Fence materials to the following: 29 gauge structure bid to Cub Construction for $33,397.00; concrete
bid award to Clark Drew Construction for$10,400.00; Plumbing bid to Courtesy Plumbing, Inc. for
$24,995.00; Electric bid to Clites Electric for $I0,450.00; water line bid to V.J. Ahlers Construction for
$21,551.11;Fence materials bid to Dakota Fence for $10,400.00. The following bids were received:
Structure bids from Clearly Building Corporation for $40,735 (29 gauge), Cub Construction for$33,397
(29 gauge), Clark Drew Construction for$39,175 (29 gauge) and $40,375 (26 gauge), and Mills
Construction for$49,812 (29 gauge) and $51,743 (26 gauge); Concrete bids from Mills Construction for
$11,774, Ludwig Concrete for $11,856 and Clark Drew Construction for$10,400; plumbing bids from
Kenner Plumbing for $33,750, Mi11s Consttuction for$33,700, and Courtesy Plumbing for$24,995;
Electric bids from Service Electric for$10,613, Knapp Electric for $10,475, and Clites Electric for
$10,450; water line bids from Prussman Contracting for$25,665.50 and V.J. Ahlers Construction for
$21,555.11; and fence materials bids from Dakota Fence for$7,982, Michaels Fence for$8,451.56, and
Homestead Building for $10,070.
Action to award bids to Clark Drew Construction for sidewalk and curb&gutter repair project (2003-
O1SWR) in the amount of$40,075.00. Other bids received were B&B Concrete for $41,655 and 5mith
and Smith Construction for $49,225.00; approval of Resolution No. 22-03, for Federal Aid Surface
Transportation Program(34�'Ave from US 14 to US 14 By-Pass), Approval of Resolution 23-03, for
Federal Aid Surface Transportation Program(8th St. S. from Main Ave. S. to 22°d Ave. S), Approval of
Resolution 24-03, for Federal Aid Surface Transportation Program(Orchard Drive from Medary Ave. to
22°d Ave.), approval of Resolution 26-03, e�ending the current Cable TV Franchise Ordinance No. 10-
88. All present voted yes; motion carried.
Resolution No. ZZ-03
Resolution For Federal Aid Surface Transportation Program
Thirty Fourth Avenue From Us 14 To Us 14 By-Pass
WHEREAS, the Brookings City Council desires the construction and improvement of the road as
hereinafter described:
LOCATION AND LENGTH: Thirty Fourth Avenue from US 14 to US 14 Bypass (1.0 mile) Estimated
cost: $510,000.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide proper maintenance
as required by the federal Highway Act as amended and supplemented thereto for the project after
construction is completed and to regulate or cause to be regulated the installation of utility facilities within
the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to reimburse the State for all
costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching
funds.
NOW, THEREFORE, BE IT RESOLVED, that The South Dakota Department of Transportation be
and hereby is authorized and requested to program for construction, in accordance with the approved
Secondary and Off-System Road Plan Agreement and the State's "Standard Specifications for Roads and
Bridges" the project hereinafter described.
Type of Construction: Grading, curb, asphalt paving and plastic pavement markings (water and sewer by
City).
� The City of Brookings will request the 90/10 SWAP of Federal funds for 100% State Funds.
� Consultant Services will be used and paid for with Urban Funds.
° No State services are required.
� It is estimated that the City of Brookings will have $1,213,630 STP and State matching funds
availab�e in year 2004 of which this project will use $510,000.
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Resolution No. 23-03
Resotution For Federal Aid Surface Transportation Program
Eighth Street South From Main Ave. S. To 22°d Ave. S.
WHEREAS, the Brookings City Council desires the construction and improvement of the road as
hereinafter described: �
LOCATION AND LENGTH: Eighth Street S. from Main Avenue S. to 22°d Avenue S. (1.5 mile)
Estimated cost: $350,000.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide proper maintenance
as required by the federal Highway Act as amended and supplemented thereto for the project after
construction is completed and to regulate or cause to be regulated the installation of utility facilities within
the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to reimburse the State for a11
costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching
funds.
NOW, THEREFORE, BE IT RESOLVED, that The South Dakota Department of Transportation be
and hereby is authorized and requested to program for construction, in accordance with the approved
Secondary and Off-System Road Plan Agreement and the State's "5tandard Specifications for Roads and
Bridges" the project hereinafter described.
� Major Collector Route Number: #3360
� Type of Construction: Mill existing pavement at curbs, install overlay and plastic pavement
markings.
� The City of Brookings will request the 90/1Q SWAP of Federal Funds for 100% State Funds.
� Consultant Services will not be required.
° No State services are required.
� It is estimated that the City of Brookings will have $1,213,630 STP and State matching funds
available in year 2004 of which this project will use $350,000.
Resolution No. 24-03
Resolution For Federal Aid Surface Transportation Program
Orchard Drive From Medary Avenue To 22"d Avenue
WHEREAS, the Brookings City Council desires the construction and improvement of the road as
hereinafter described:
LOCATION AND LENGTH: Orchard Drive from Medary Avenue to 22"� Avenue (1.0 mile)
Estimated cost: $100,000.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide proper maintenance
as required by the federal Highway Act as amended and supplemented thereto for the project after
construction is completed and to regulate or cause to be regulated the installation of utility facilities within
the limits of the right-of-way of the proposed project in accordance with State and Federal requirements.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to reimburse the State for a11
costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching
funds.
NOW, THEREFORE, BE IT RESOLVED, that The South Dakota Department of Transportation be
and hereby is authorized and requested to program for canstruction, in accordance with the approved
Secondary and Off-System Road Plan Agreement and the State's "Standard Specifications for Roads and
Bridges" the project hereinafter described.
° Major Collector Route Number: #3334
� Type of Construction: Mill along curbs, place overlay and plastic pavement markings.
� The City of Brookings will request the 90/10 SWAP of Federal Funds for 100% State Funds.
� Consultant Services will not be required.
� Consultant Services are not required
� No State services are required.
� It is estimated that the City of Brookings will have $835,000 STP and State matching funds
available in year 2005 of which this project will use $100,404.
Resolution No. 26-03
A Resolution Eatending the Current Cable Communications System
Franchise Ordinance No. 10-88
WHEREAS, on April 5, 1988, the City of Brookings approved Ordinance No. 10-88 which granted a
franchise to Brookings Cablevision to construct, operate and maintain a cable communications system in
the City of Brookings, South Dakota; and
WHEREAS, according to the terms of the ordinance, the franchise ternunates 15 years from the date of
acceptance; and
WHEREAS, the City of Brookings has been in negotiations with the franchise's current owner,
Mediacom Minnesota LLC, regarding the terms of a new franchise ordinance and additional time is
needed to permit further negotiation of the proposed franchise ordinance; and
NOW, THEREFORE, BE IT RESOLVED, The City of Brookings hereby extends the terms of the
Cable Franchise Ordinance No. 10-88 an additional three months, expiring on July 5, 2003.
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Resolution No. 25-03
Resolution In Support Of Activated Military
Personnel & Use Of Contingency
WHEREAS, the City of Brookings is proud of the members of the Army National Guazd, Air National
Guard and Reservists serving on active duty during Operation Iraqi Freedom; and
WHEREAS, The City of Brookings desires to offer some assistance to families of activated military
personnel.
NOW, THEREFORE, BE IT RESOLVED, that The City Manager of the City of Brookings is directed
and authorized to offer up to a fifty(50)% discount on summer recreation fees for youth programs; and
IT IS FURTHER RESOLVED, that contingency funds be transferred to the Park & Recreation budget
to offset revenues lost to the department because of the discounted fees. The City Manager will report the
amount to the City Council prior to the transfer to be made.
First National Bank Soccer Comalea Tournament Field Grandstand. A motion was made by
Munsterman, seconded by Wicks, to award the bid to Outdoor Aluminum in the amount of$40,924.00.
Other bids received were Combined Building Specialty for $45,032.00 and Dan-Clayton Corporation for
$47,888.00. All present voted yes; motion carried.
Apaointments. A motion was made by Bozied, seconded by McClemans, to make the following
appointments to city boards: Robb Sexauer to Airport Board (5/1/2008); Charles Lamberton to Utility
Board (5/1/2008); Victoria Riggs to the Brookings Committee for People who have Disabilities
(5/1/2004); Tobias Uecker to Human Rights Committee (5/1/2004); Erik Dahl to Park and Recreation
Board (5/1/2008); and Jim Roden(1/1/2004), Jim Talbert (1/1/2005), Richard Shillander(1/1/2006), and
Stephen Van Buren(1/1/2005). All present voted yes, Roden abstained, motion carried.
Resolution 25-03- Suaaort of Activated Militarv Personnel and Use of Contin�encv. A motion was
made by Wicks, seconded by Roden, to approve Resolution No. 25-03. A motion was made by
Munsterman, seconded by Bozied, to amend the resolution waiving the fee on summer recreation
programs. All present voted yes on the amendment. On the main motion as amended, a11 present voted
yes; motion carried.
Resolution No. 25-03
Resolution In Support Of Activated Military
Personnel & Use Of Contingency
WHEREAS, the City of Brookings is proud of the members of the Army Nationai Guard, Air
National Guard and Reservists serving on active duty during Operation Iraqi Freedom; a.nd
WHEREAS, The City of Brookings desires to offer some assistance to families of activated
military personnel.
NOW, THEREFORE, BE IT RESOLVED, that The City Manager of the City of Brookings is
directed and authorized to waive the summer recreation fees for youth programs; and
TT IS FURTHER RESOLVED, that contingency £unds be transferred to the Park & Recreation
budget to offset revenues lost to the department because of the waived fees. The City Manager will report
the amount to the City Council prior to the transfer to be made.
Human Ri�hts Committee Re�ort. Lawrence Novotny, Human Rights Chair updated the Council on
the Human Rights Forum scheduled for Friday, Apri125�'with Lanniko Lee, Native American author, as
the speaker. The committee is cunently compiling data from the community discrimination surveys.
SDSU International students are also being surveyed to assess additional needs.
Ordinance No. 09-03—Historic Preservation, Second reading was held on Ordinance No. 09-03, an
ardinance amending Chapter 46 of the Revised Code of Ordinances of the City of Brookings, South
Dakota, and pertaining to historic preservation in the City of Brookings, South Dakota. A motion was
made by Wicks, seconded by Roden, to approve Ordinance 09-03.
A motion to amend was made by McClemans, seconded by Munsterman, to sunset the ordinance in two
years. Bozied and McClemans voted yes;Munsterman, Roden, Wicks, Hemott and Artz voted no;
amendment failed.
A motion to amend was made by Wicks, seconded McClemans, to amend Section 10-117 to read as
follows: "The City Council may establish a Local Historic District Study Committee for the perrpose of
making an investigation of a proposed local historic district. The committee shadl consist of seven
members appointed by the local governing body
with due regard to proper representation of frelds such as history, architecture, architectural history,
urban planning, archaeology,paleontolo,�y and law. Some members of the
BHPC�e shall serve on the committee. Where possible, members of diverQent opinions shald be
oss
selected from property owners of the proposed district. The study committee shall make an
investigation of the historical, architectural, archaeological,paleontological and cultural significance of
the buildings, structures, sites and surroundings and the amount of property owner support for the
proposed designation included in the proposed local historic district. The committee's investigation and
recommendations shall comply with the criteria contained in section 10-102 which includes the criteria
adopted by the State Historical Society Board of Trustees. " All present voted yes; except Artz; motion to
amend carried.
A motion to amend was made by Wicks, seconded by Munsterman, to amend Section 10-119 to add the
following statement: "The City Council may exempt owner-occupied properties from incdusion in a local
historic district, however, such properties shall be included in a local historic district upon the change of
ownership. " All present voted yes; except Roden and Artz; motion to amend carried.
A motion to amend was made by Wicks, seconded by Munsterman, to amend Section 10-115 to strike
second sentence as follows: "The City Council may provide by regulations, special conditions, or
restrictions for the protection, enhancement,preservation and use of historic properties. ' r�
. " �n the motion, Bozied and
McClemans voted yes; Munsterman, Roden, Wicks, Herriott and Artz voted no; amendment failed.
A motion was made by Bozied, seconded by McClemans, to table action on Ord. 09-03. Bozied voted
yes; Munsterman, Roden, Wicks, Herriott, Artz and McClemans voted no; motion failed.
A motion to amend was made by Roden, seconded by Munsterman, to amend Section 10-116 to strike the
following language: "After all property owners and residents of the proposed local historic district have
been contacted and evidence is provided that property owners have interest irt
developing a local historic district, that information shald be presented to the City Council. " All present
voted yes; motion to amend carried.
On the main motion as amended; all present voted yes; except Bozied; motion carried.
Ordinance No. 10-03—Contlict of Interest. Second readin�was held on Ordinance No. 10-03, an
ordinance establishing a Conflicts of Interest Policy for the City of Brookings, South Dakota. A motion
was made by McClemans, seconded by Munsterman, to approve Ordinance 10-03. All members voted
yes; motion carried.
Ordinance No. 12-03—Sunulemental Appropriation. Second reading was held on Ordinance No. 12-
03, an ordinance entitled"An Ordinance Authorizing a Supplemental Appropriation to the 2003 Budget
for the Purpose of Providing for Additional Funds for the Operation of the City. A motion was made by
McClemans, seconded by Roden, to amend the amount to $350,000 and approve Ordinance 12-03. All
members voted yes; McClemans and Wicks abstained, motion carried.
Bids - 20�`Street South (2003-03STD. A motion was made by Bozied, seconded by Munsterman, to
award the bid to Bowes Construction in the amount of$301,421.25. Bids were opened on Apri122°d and
no other bids were received. All present voted yes;McClemans and Wicks abstained; motion carried.
Council Members Ouen Discussion.
Council Members Wicks and Artz expressed appreciation to the City Council and the citizens for their
time serving as Council members.
Adiournmen� A motion was made by McClemans, seconded by Bozied, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:50 p.m.
CITY OF B I�NNGS
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tt D. terman, Mayor
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� " •°o es, City Clerk