HomeMy WebLinkAboutCCMinutes_2004_06_08 � 32
Brookings City Council
Tuesday, June 8, 2004
The Brookings City Councii held an action meeting on Tuesday, lune 8, 2004 at 5:3Q p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Tom
Bezdichek, Tom Bozied, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. City
Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
Consent A.genda: Resolution No. 33-04 was removed from the consent agenda for separate
approval. A motion was made by Bozied, seconded by Whaley, to approve the consent agenda
which included adoption of the agenda; action to approve Resolution No. 34-04: designating the
official depositories for municipal funds; action to approve Resolution No. 35-04: authorizing the
Summer Arts Festival Committee to have exclusive use of Pioneer Park from July 4 to July 12,
2004; action to approve Resolution No. 36-04: declaring three police cars surplus property; and
action to approve Resolution No. 37-04: awarding bids for the 34"' Ave. project. All present
voted yes; motion carried.
RESOLUTION NO. 34-04
RESOLUTION DESIGNATING BANKS AS DEPOSITORIES
PURSUANT to SDCL 9-22-6 and 6.1, the City Council of the City of Brookings, South Dakota,
designates the following banks as depositories for Municipal Funds of the City of Brookings for
the ensuing year: First National Bank, Wells Fargo Bank, BankFirst, Brookings Federat Bank,
Home Federal Savings Bank, and Security National Bank. �
RESOLUTION NO. 35-04
A RESOLUTION AUTHORIZING THE BROOKINGS SUMMER FESTIVAL
COMMITTEE TO HAVE EXCLUSIVE USE OF PIONEER PARK
WHEREAS, the Brookings Summer Festival will be held in Pioneer Park on July 7-12, 2004, and
WHEREAS, the Summer Festival Committee has requested the exclusive use and control of Pioneer
Park and its facilities for said festival, plus additional days for preparation and take-down, and
WHEREAS, the Summer Festival Committee has provided evidence of liability insurance coverage
including the City of Brookings as named insured, and
WHEREAS, the Summer Festival Committee has agreed to accept responsibility for the conduct of
the Summer Festival on said premises, now therefore,
BE IT HEREBY RESOLVED, that the use of Pioneer Park and its facilities as a public park shall
terminate for the period of July 7 through July 12, 2004.
BE IT FURTHER RESOLVED, that the City Council does hereby grant the exclusive use of Pioneer
Park and its facilities during the Brookings Summer Festival to the Summer Festival Committee.
FURTHER, IT IS RESOLVED, that the Summer Festival Committee shall be responsible for
maintaining said facilities and cleaning them and returning them to the City of Brookings in good
condition following the festival.
RESOLUTION NO 36-04
DECLARING SURPLUS PROPERTY— POLICE CARS
WHEREAS, the City of Brookings is the owner of the following described: 2001 Ford Crown
Victoria four-door sedan - VIN: 2FAFP71 WO 1 X 144741; and 1 — 2001 Ford Crown Victoria four-
door sedan - VIN: 2FAFP71 W91 X 144740; and 2002 Ford Crown Victoria four-door sedan
VIN: 2�AFP71 W02X 138424;
WHEREAS, this property is no longer necessary or useful for City purposes and it is the desire of
the City of Brookings to sell same as surplus property;
WHEREAS, the City Manager has appointed three qualified appraisers the value of the property
and obtained three appraisals;
NOW, THEREFORE, BE IT RESOLVED by the goveming body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-13.
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RESOLUTION NO. 37-04
RESOLUTION AWARDING BIDS ON P8006(00) PCEMS H008
34T" AVENUE STREET PROJECT
WHEREAS, the City of Brookings has received the following bids for Project P8006(00) PCEMS
H008 34'h Avenue Street Project: .,
"Winter Brothers Underground, Inc." $920,000.00
"Prunty Construction Co., Inc." $967,026.98
"Bowes Construction, Inc." $982,983.56
NOW THEREFORE, BE IT RESOLVED that the low bid of Winter Brothers Underground, Inc. of
Brookings, SD in the amount of $920,000.00 be accepted contingent upon the concurrence of the
South Dakota Department of Transportation in the award of the bid. •
Resolution No. 33-04 —Designation of Official Newspaper. A motion was made by
Bezdichek, seconded by McClemans, to approve Resolution 33-04. All present voted yes; motion
carried.
RESOLUTION NO. 33-04
RESOLUTION DESIGNATING OFFICIAL NEWSPAPER
PURSUANT to SDCL 9-12-b, the City Council of the City of Brookings, South Dakota, hereby
designates the Brookings Register as the official newspaper for the City of Brookings for the
ensuing year.
Planning Commission Report. Dan Hanson reported that the Planning Commission is required,
by ordinance, to hold at least one regular meeting each month. The Commission held 6 reguiar
meetings from January through 1une. The following actions were received and recommended for
approval or disapproval: 14 Final Plats—50 lots platted; 5 Conditional Use Permits— 2
amended plans, i Home Occupation in R-i B District, 1 Community center in B-1 District and 1
Boardinghouse in R-2 District; 2 Preliminary Plats—55 lots proposed; 2 Land Use Classification
Changes 1-Ag to B-2 and B-2A; 1-B-2 to R-3A; 2 Zoning Ordinance amendments— Outdoor
Sales in !-1 and I-2 and C. Use standards for Boardingho�ses; and a 1 I-1 R Site Plan
Amendment. The following goals have been proposed for the remainder of 2004: continued
plpnning for annexation and preliminpry land uses and local street plans for the east side of 34rn
Avenue across from the Swiftel Center and Zoning Amendments for the loint Jurisdiction Area
surrounding the City of Brookings.
House Moving Request. A public hearing was held on a house moving request from Jim Steen to
move a double stall garage from 226 West 7fh Street to the East 25' of Lot 8, West 25' of Lot 9,
Block 8, Pheasant Hill Addition, also known as 1 1 18 First Street. All present were given an
opportunity to be heard. A motion wps made by McClemans, seconded by Whaley, to approve
the house moving request. All present voted yes; motion carried.
House Moving Request. A public hearing was held on a house moving request from Laura Bond
to move a ranch styte home from Distinct Builders to Lot 3, Block 2, Bluegill Addition, also known
as 2021 17�' Avenue South. All present were given to an opportunity to be heard. A motion was
made by Reed, seconded by Whaley, to approve the house moving request. All present voted
yes; motion carried.
Ordinance No. 12-04— Zoning Conditional Use Permif— 132A Airport Avenue. A public
hearing was held on Ordinance No. 12-04, for a Conditional Use to estpblish Outdoor Sales on
Lot 2, Block 5, Bidco Addition (132A Airport Avenue). A motion was made by Bozied, seconded
by Bezdichek, to approve first reading of Ordinance 12-04 . All present voted yes; motion
carried. Second reading on June 22, 2004.
Preliminary Plat—Moriarty's Second. A motion was made by Whaley, seconded by
McClemans, to approve a preliminary plat for a portion of Moriarty's Second Addition (Western
Avenue and West 13'h Street). All present voted yes; motion carried.
Resolution No. 38-04— I-1 R Site Plan for Rainbow PIaXSystems. Action on Resolution 38-04,
amending an I-1 R Site Plan for Lots 1, 3, and 6, Block 2, Insbrook Park Addition (2500 Eastbrook
Drive). A motion by Munsterman, seconded by Whaley, to approve revised Resolution 38-04
that would allow the installation of lopding docks and the construction of the buildings with
understanding that this issue would go back to Planning Commission tor attion and the Traffic
Safety Committee for a report to address the concerns of the neighbors. All present voted yes;
motion carried.
RESOLUTION NO. 38-04
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I-1 R SITE PLAN FOR RAINBOW PLAY SYSTEMS
NOW, WHEREAS, RPS Properties of Brookings is proposing an exppnsion of their manufacturing
facility and
WHEREAS, the existing I-1 R site plan has been revised as shown on the accompanying site plan,
and '
WHEREAS, the following elements of the 1-1 R site plan are revised:
� Installation of loading docks and employee entrance in north wal) of existing Rainbow Play
Systems building.
• Construction of two 130' x 680' prefabricated buildings labeled storage buildings A and B.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota
to approve a revised I-1 R site p�an on Lots 1, 3, and 6, of Block 2, Insbrook Park Addition.
Malt Alcohol Beverage Renewals. A public hearing was held on Malt Alcohol Beverage
Renewals for 2004�2005. The appiication from Gonz Production Inc. tdba Lodo) was removed
because an application was not submitted. The annual review of the Old Sanctuary also occurred
at this time. A motion was made by Reed, seconded by Whaley, to approve the following
licenses for 2004: On/Off Sale Beer licenses to Old Sanctuary, 928 4"' Street; Guadalajara,
Village Square Mall #1; Skinner's Pub, 302 Main Avenue; King's Wok, 1819 b�h Street; Dakota
Pub, 31 1 3�d Street; Cafe Ruby, 1441 Sixth Street; Godfather's Pizza, 610 Medary Avenue;
George's Pizza 8� Steakhouse, 31 1 Main Avenue; Danny's, 703 Main Avenue South; Pizza Hut,
418 bth Street; Barrell, 725 Main Avenue South; Ray's Corner, 401 Main Avenue; Carpy's Pub,
700 22^d Avenue South ; Edgebrook Golf Course, Rural Route 1; Sixth Street Diner, 223 6�'
Street; South Main Diner, 615 Main Avenue South; Casino 2000, 622 25rh Avenue; Swiftel Center,
824 32^d Avenue; PNP Pub, 318 2^d Street South; and Chevy Lounge, 303 Main Avenue. Off
Sale Beer licenses to 1im's Tap, 309 Main Avenue; Safari Lounge, 421 Main Avenue; Schoon's
Pump-n-Pak, 202 S. Main Avenue; Gas N Mor, 600 6fh Street; Kum 8� Go, 1005 6�' Street; Kum &
Go, 3045 LeFevre Drive; BP of Brookings Inc., 2420 6rh Street; Casey's General Store, 534 22"a
Avenue South; Casey's General Store, 620 8�' Street South; Casey's General Store, 122 West 6'h
Street; Newman's Kerr McGee, 503 6"' Street; Mick's Apco, 502 6th Street; EconoFoods, 1721 bfh
Street; Hy-Vee Food Store, 700 22"d Avenue; Citgo Mart, 2429 6fh Street; and Food-N-Fuel,
1203 Main Avenue South. All present voted yes; motion carried.
Liquor OperafingAgreement Requests. The Council discussed the applications submitted by
Dakota Pub and Skinner's Pub for a permanent liquor operating agreement.
A motion was made by Bezdichek, seconded by Roden, to issue a permanent license to Skinner's
Pub per Resolution No. 39-04. A motion to amend was made by McClemans, seconded by
Munsterman, to issue Skinner's a temporary license for next 5 years subject to following business
plan and knowing unless he follows business plan, he would not necessarily granted a permanent
license. McClemans, Munsterman, and Bozied voted yes; Reed, Whaley, Bezdichek and Roden
voted no; motion failed. On the original motion, all present voted yes; motion carried.
RESOLUTION NO. 39-04
SKINNER'S PUB 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 Skinner's Pub, Greg Thornes, 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 the
Skinner's Pub.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on
behalf of the City, which shall be for a period of ten years with a renewal in five (5) years.
Dakofa Pub A�plicafion: A motion was made by Munsterman, seconded by Reed, to shelf the
second operating agreement and reassess after one year. A motion to amend was made by
Bezdichek, seconded by Roden, to issue a temporary license to Dakota Pub. The City Manager
recommended the Council require a financial deposit. A motion was made by McClemans,
seconded by Munsterman, to table for 30 days. All present voted yes; except Roden and
Whaley, motion carried to table.
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Cit�/ of Brookings Logo. Representatives of the Brookings Economic Development Center and
Lawrence and Schiller Marketing presented a new City of Brookings Logo for consideration by
the Council. Further review by other organizations and the general public will now occur. No
action was taken.
Senior Citizen Center Project. The City Manager recommended action to award bids to
proceed with the base project with the craft room at a cost of $213,795 with a shortfall of
$13,795, said funds to come from second penny funds. Currently $200,000 in funds are
authorized for this project. Bids were received on June 1, 2004 from the following: Clark
Drew of Brookings for base bid of $209,195, Alternate No. 1 of $24,600, Alternate No. 2 of
$99,000; Mills Construction of Brookings for base bid of $224,840, Alternate No. 1 of
$201,130, Alternate No. 2 of $127,359; and Waltz Construction of Brookings, base bid for
$279,000, Alternate No. 1 of $18,000, and Alternate No. 2 of $74,000. A motion was made
by Roden, seconded by McClemans, to award the bid to Clark Drew Construction for Option 2,
which deducts Alternate Number One requiring expenditures of $2 i 3,795. All present voted
yes; except Bozied and Whaley voted no, motion carried.
Deputy Mayor. A motion was made by McClemans, seconded by Whaley, to appoint Tom
Bozied as Deputy Mayor from June 2004 to lune 2005. All present voted yes; except Bozied
voted no, motion carried.
Economic Develo�ment Model � Committee Guidelines. The Council reviewed the Mayor's
drpft Promotional�Economic Development Model and Committee Guidelines. Alan Lpnning, City
Mpnager, presented a draft model organization plan. No action was taken.
Council Members Open Discussion. CM Bezdichek requested review of the Hospital Board
practices and procedures related to legal publication of Board minutes and employee salaries in
the local newspaper.
Executive Session for Contracfuai Matters. A motion was made by Munsterman, seconded by
Reed, to enter executive session at 9:45 p.m. for the purpose of discussion contractual issues with
the City Council Members, the City Manager, City Attorney, Park and Recreation Superintendent
and the City Clerk present. All present voted yes; motion carried. A motion was made by
Bezdichek, seconded by McClemans, to leave executive session at 10:03 p.m. All present voted
yes; motion carried.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 10:03 p.m.
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