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HomeMy WebLinkAboutCCMinutes_2005_04_26 364 Brookings City Council April 26, 2005 The Brookings City Council held an action meeting on Tuesday, Apri126, 2005 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bozied, Tim Reed, Julie Whaley,Doris Roden, and Mike McClemans. Tom Bezdichek was absent. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Agenda. A Mayoral Proclamation for Arbor Day and an Executive Session to consult with legal consult for contracts were added to the agenda and the Yard Waste Bids and Resolution No. 34-OS were removed from the consent agenda. A motion was made by Reed, seconded by Whaley,to approve the consent agenda which included: 1. Adoption of the agenda as amended; 2. Minutes. Approval of April 19�Minutes; 3. Appointments Action to approve appointments to city boards;Airport Board-Jim Bailey, 5/OS-5/10; Boaxd of Health—Karen Cook, OS/OS-Ol/06;.Brookings Committee for People who have Disabilities, Student Position-Jessie Kuechenmeister, OS/OS-OS/06; Brookings Committee for People who have Disabilities-Vicki Riggs, OS/OS-01/06; Historic Preservation Commission- Wayne Hexem, OS/OS-1/08; Human Rights Committee, Student Member-Joel Vargus, OS/OS-OS/06; Park & Recreation Board-Ryan Krogman, OS/OS- OS/10 and Brian Gatzke, OS/OS to OS/10; Park & Recreation Board, Student Positions-Emily Tschetter, OS/OS-OS/06 (high school) and Kayla Flynn, OS/OS-OS/06 (college); Traffic Safety Committee-Matthew Nelson, OS/OS-01/07; Utility Board- George Prest, OS/OS- OS/10. 4. Action on Resolution No. 35-05, awarding bids for P3334(00)PCN H013, Orchard Drive Asphalt Surfacing and Pavement Marking Project; RESOLUTION NO.35-05 RESOLUTION AWARDING BIDS ON P3334(00)PCN H013 ORCHARD DRIVE ASPHALT SURFACING AND PAVEMENT MARKING PROJECT WHEREAS,the City of Brookings has received the following bids for Project P3334(00)PCN H013 Orchard Drive Asphalt Surfacing and Pavement Marking Project: "Bowes Construction, Inc." $230,226.85 "Myrl&Roy's Paving, Inc." $246,334.60 NOW THEREFORE,BE IT RESOLVED that the low bid of Bowes Construction,Inc. of � Brookings, SD in the amount of$230,226.85 be accepted contingent upon the concunence of the South Dakota Department of Transportation in the award of the bid. 5. I-1R Site Plan. Action to approve a petition for approval of an amended I-R Site Plan on a portion of Lot 3, Block 2, and Lot 3, Block 5, Gilkerson Addition and Block 4, Gilkerson Second Addition(Daktronics, Inc.); 6. Bids. Action to award the bids for Front and Side Panel Doors for the Swiftel Center to Service Equipment, Inc., Paynesville, MN: $26,770.30 (no other bids were received); All present voted yes; motion carried. Yard Waste Bids. A motion was made by Roden, seconded by Whaley, to award the Gemlux Corporation in the amount of$16,450. Other bids received: Homestead Do-It Center for $17,190. All present voted yes; motion carried. Resolution No. 34-05. A motion was made by Roden, seconded by Whaley to approve Resolution No. 34-05, entering into agreements with DOT for the 6�` Street Construction Project, which will include a Right-of-Way Agreement, Temporary Easement Agreement,Relocation Agreement for two signs and a Warranty Deed. All present voted yes; motion catried. RESOLUTION NO.34-05 SDDOT SIXTH STREET RECONSTRUCTION PROJECT NH 0014(142)420 365 Whereas,The South Dakota Department of Transportation is reconstructing Sixth Street from Medary Avenue to 22"d Avenue in 2006;and Whereas,The South Dakota Department of Transportation has offered the City of Brookings compensation for land conveyed,temporary easements,improvements and damages;and Whereas,The City of Brookings has concurred with the easement agreements,right of way agreements and compensation offers;and Therefore,the City of Brookings Mayor is authorized to sign the Relocation Assistance Agreement,Temporary Easement Agreements,Warranty Deed,Right of Way Agreement, Relocation Assistance Offer,and Offer and Statement of Compensation. Airnort Mana�er—Patrick Dame. Patrick Dame, Airport Manager, was introduced to the City Council. Arbor Dav Proclamation. Mayor Munsterman proclaimed Apri129�' as Arbor Day in the city of Brookings. 2004 Crime Analvsis Renort. Police Chief Tim Tompkins presented the 2004 Crime Analysis Report to the City Council. No action was taken. Ordinance No. 09-OS—Conditional use. A motion was made by Whaley, seconded by Bozied, to approve first reading of Ordinance No. 09-05, a Conditional Use to establish a Public Recreation Facility on the East 210 feet of Lot 1, Block 1,Avery's Addition and Lots 1-4, Block 1, Gentle's Addition(Hillcrest Aquatic Center at 1440 6th St.). All present voted yes; motion carried. Public hearing scheduled for 5/10/O5. Ordinance No. 10-OS—Boardinghouse. A motion was made by McClemans, seconded by Whaley,to approve first reading of Ordinance No. 10-05, a Conditional use to establish a Boardinghouse for four(4) persons on Lot 9, Block 3, First Addition(211 6�'Ave.). All present voted yes; motion carried. Public hearing scheduled for 5/10/O5. � Ordinance No. 11-OS -Rezonin�. A motion was made by McClemans, seconded by Reed,to approve first reading of Ordinance No. 11-05, a petition to rezone all or portions thereof of Block 5, Randi Peterson's Addition from a Residence R-2 District to a Residence R-3 District(11�'to 12th Ave. and 7th to 8�' St.). All present voted yes; motion carried. Public hearing scheduled for 5/10/O5. Ordinance No. 12-05—Sneed Limits. A motion was made by Reed, seconded by Roden,to approve first reading of Ordinance No. 12-05, amending Chapter 82 to the Code of Ordinances pertaining to speed limits (This ordinance is for a 15 mph speed limit designation on Medary Ave. from 8`h St. to North Campus Drive). All present voted yes; motion carried. Public hearing scheduled for 5/10/O5. House Moving. A public hearing and action was held on a house moving request from Audrie Payton and Matthew Leuthard to move a one-story single family house from Cashway Lumber in Watertown to Lot 38 Meyer's Second Addition, also known as 3617 Pleasant View Drive. All present were given an opportunity to be heard. A motion was made by Whaley, seconded by Reed,to approve. All present voted yes; motion carried. House Movin�. A public hearing and action was held on a house moving request from Lacie and Keith Peterson to move a one-story single family Governor's House from Springfield, SD to the property described as Lot 35 of Meyer's Second Addition in the 3-Mile Area also known as 3525 Pleasant View Drive. All present were given an opportunity to be heard. A motion was made by McClemans, seconded by Reed,to approve. All present voted yes; motion carried. Resolution No. 36-OS—Allev Paving. A public hearing and action was taken on Resolution No. 36-05, 2005-03STA, Alley Paving Project from 9th Ave. to Medary Ave. between 4th St. and 5�` St. Public comments: Barbara Behrend, 91 S 4`h St., opposed the alley project. Mike Cameron, Northwestern, requested the council consider S foot utility easements in future alley pavings. Tom Manzer, 929 4th St. & 41 S Medary, circulated the petition and found everyone else in favor. A motion was made by Reed, seconded by Whaley,to approve. All present voted yes; motion carried. 366 RESOLUTION NO.36-OS RESOLUTION OF NECESSITY STREET ASSESSMENT PROJECT 2005-03STA 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 paving with a bituminous wearing surface on an asphalt stabilized base course on an alley as follows: Alley from 9th Ave.to Medary Ave.between 4th St.and Sth St. 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt for paving of the alley: One and one-half inch(1 '/z") asphalt surface course on a one and one-half inch(1 '/Z")asphalt stabilized base course on a six inch(6")crushed gravel base course for the alley. 3. The improvement is substantially uniform. The estimated cost is$36.00 per linear foot of alley.The estimated cost per linear foot of alley for paving with one and one-half(1 'h") bituminous mat on a one and one-half inch asphalt stabilized base course on a six-inch . crushed gravel base course to be paved to a width of 18 feet is$36.00 or$18.00 per side of alley. 4. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 5. The method of apportionment of benefits is as follows:'The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The interest to be charged on the unpaid balance shall be 10°/a. . 6. The above described improvement shall be hereinafter referred to as Street Assessment Project No.2005-03 STA,which shall be deemed a description of the improvement of the streets as hereinabove set forth. Resolution No. 37-OS—Allev Pavin�Proiect. A public hearing and action was taken on Resolution No. 37-05,2005-04STA,Alley Paving Project from 14�`Ave. So.to 16�`Ave. So. Between lst St. and Wisconsin St. Public Comment: Cliff Friedrich, 10416`h Ave. So. expressed opposition; Paul Melby, 14281 S`Street, said there is now a blockage that doesn't allow water to flow away from houses on the east end. Paving the alley will improve the drainage. He further noted that the Municipal Utilities would also be in favor of a S foot easement. Charles Olson, 1421 Wisconsin St. expressed opposition. Jermone Ziegenbalg, 141 S Wisconsin St. expressed opposition. A motion was made by Reed, seconded by Whaley,to approve. All present voted yes; motion carried. RESOLUT�ON NO.37-OS RESOLUTION OF NECESSITY STREET ASSESSMENT PROJECT 2005-04STA 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 paving with a bituminous wearing surface on an asphalt stabilized base course on an alley as follows: Alley from 14th Ave. S.to 16th Ave. S.between lst St.and Wisconsin St. 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt for paving of the alley:One and one-half inch(1 '/z")asphalt surface course on a one and one-half inch(1 '/2")asphalt stabilized base course on a six inch(6") crushed gravel base course for the alley. 3. The improvement is substantially uniform. The estimated cost is$36.00 per linear foot of alley. The estimated cost per linear foot of alley for paving with one and one-half(1 '/2") bituminous mat on a one and one-half inch asphalt stabilized base course on a six inch crushed gravel base course to be paved to a width of 18 feet is$36.00 or$18.00 per side of alley. 4. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 5. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The interest to be chazged on the unpaid balance shall be 10°/a. 6. The above described improvement shall be hereinafter referred to as Street Assessment Project No.2005-04STA,which shall be deemed a description of the improvement of the streets as hereinabove set forth. Citizen Request—Venita Quamme. Venita Quamme said she wanted to advise the City Council and public that there was an incident of parvovirus at the Brookings Animal Shelter. 367 Executive Session. A motion was made by Bozied, seconded by Whaley,to enter executive session at 7:00 p.m. to consult with legal counsel regarding contract with the City Council, City Attorney, City Clerk, City Manager present. CM Roden objected for the record stating that the Executive Session was postponed week prior because Bozied was absent and now CM Bezdichek and CM-Elect Bartley was absent. All present voted yes; motion carried. A motion was made by Reed, seconded by Whaley,to leave executive session at 7:55 p.m. Motion carried. Adiourn. A motion was made by Roden, seconded by McClemans, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:55 p.m. i rookings o�g.GT y pF �o.,..� ,N�o..,m c D. sterman,Mayor ����T 9°��o o: °.�� s•.. . oG H , ••P �'(/ a� Shari Thornes,Brookings ity Clerk