HomeMy WebLinkAboutCCMinutes_1999_11_29 215
Council Chambers November 29, 1999
City of Brookings
The City Council convened in regular session at 5:00 PM with the following members present:
Herriott, McClemans, Bozied, Bibby, Artz, Davidson and Weems.
A1 Glover, Attorney was present.
Motion was made by Bibby, seconded by Artz to approve the consent agenda which included
the November 12, 1999, and November 15, 1999 minutes, agenda, three raf�le requests, a plumbers
license, Resolution No. 101-99, sidewalk assessment, and Resolution No.'s 102-99 through 106-99,
street assessments. All members voted YES;motion carried.
RESOLUTION NO. 101-99
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING
ASSESSMENTS INTO INSTALLMENTS, AND PROVIDING FOR THE COLLECTION
THEREOF FOR SIDEWALK ASSESSMENT PROJECT 99-01 SWR(1999 Sidewalk Repairs)
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 Sidewalk Assessment Project No. 99-01 SWR. 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 Sidewalk Assessment Project No. 99-01 SWR 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 $40,180.75
Engineering, inspection, fiscal,
legal expense, publication 396.79
Tota1 Expense $40,577.54
4. The total cost of said improvement shall be paid as follows:
City Repair Costs $33,567.51
Assessable costs $ 7,010.03
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 sidewalk constituting said improvement.
6. The assessment sha11 be divided into flve(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%).
RESOLLTfION NO. 102-99
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING
ASSESSMENTS INTO INSTALLMENTS, AND PROVIDING FOR THE COLLECTION
THEREOF FOR STREET ASSESSMENT PROJECT 99-025TA(Esther Heights: David Cove,
Martin Blvd.
' �'���� Road.
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
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217
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 sidewalk constituting said improvement.
6. The assessment shall be divided into ten (10) 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%).
RESOLUTION NO. 104-99
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING
ASSESSMENTS INTO INSTALLMENTS, AND PROVIDING FOR THE COLLECTION
THEREOF FOR STREET ASSESSMENT PROJECT 99-OSSTA(Alley from 12�'Ave. to 13�'Ave.
between 18` and 2nd 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. 99-OSSTA. 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. 99-OSSTA 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 $ 9,039.62
Engineering, inspection, fiscal,
legal expense, publication 542.38
Total Expense $9,582.44
4. The total cost of said improvement shall be paid as follows:
Assessable costs $9,582.00
5. There sha11 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 sidewalk 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 sha11 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%).
RESOLUTION NO. 105-99
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING
ASSESSMENTS INTO INSTALLNIENTS, AND PROVIDING FOR THE COLLECTION
THEREOF FOR STREET ASSESSMENT PROJECT 99-06STA(Alley from 4t'' St. S. to 5�' St. S.
between 3'�A�e. S. and Main Ave. S. and Alley from 14�`Ave. to 16th Ave. between 18` St. and 2°a
St.)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
2 � � 1. More than twenty days have elapsed since the adoption and publication of a Resolution of
Necessity for Street Assessment Project No. 99-06STA. 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. 99-06STA has been duly executed, and the
City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43,
S�CL 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 $22,384.05
Engineering, inspection, fiscal,
legal expense, pubiication 1,343.04
Total Expense $23,727.09
4, The total cost of said improvement sha11 be paid as follows:
Assessable costs $23,727.09
5. There sha�l be made and filed in the office of the City Manager an assessment roll for said
improvement. The assessments sha11 be on the basis of benefits upon each lot or tract of land
contiguous to the sidewalk constituting said improvement.
6. The assessment sha11 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%).
RESOLUTION NO. 106-99
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING
ASSESSMENTS INTO INSTALLMENTS, AND PROVIDING FOR THE COLLECTION
THEREOF FOR STREET ASSESSMENT PROJECT 9��-08STA(Alley from 5�'Ave. to 6�' Ave.
between 3`� St. and Front St.)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed mce the adoption and publication of a Resolution of
Necessity for Street Assessment Project No. 9��8STA. 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. 9�08STA 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 $8,864.67
Engineering, inspection, fiscal,
legal expense, publication 531.88
Tota1 Expense $9,396.55
4. The total cost of said improvement sha11 be paid as follows:
Assessable costs $9,396.55
5. There sha11 be made and filed in the office of the City Manager an assessment roll for said
im�rovement. The assessments shall be on the basis of benefits upon each lot or tract of land
con�iguous to the sidewalk constituting said improvement.
219
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
p�rcent (10%).
A copy of the bills and ciaims paid on November 23, 1999 and November 30, 1999 are
attached.
November 23, 1999
ATCO Int'1., supplies, 198.80; Chief Supply Corp, supplies, 206.93; Cenex, fuel, 2,277.79; East
Central Multi Dist., supplies, 30.84; Carquest, parts, 64.72; Amoco, fuel, 24.25; SDSU ADRDVS,
testing, 56.00; Beal Dist, beer, 20,239.00; Big O Tires, repairs, 9.00;Brkgs Engraving, supplies,
42.00; Boyer Ford Trucks, parts, 401.75; Bozied Oil, service, 11.97; Brkgs Register, advertising,
728.55; Brkgs Police, petty cash, 30.99; Brkgs Tire Center, repairs, 87.72; Central Business Supply,
supplies/furniture, 439.32; Carlson Dist., beer, 11,287.00; Brkgs Finance, license, 250.00; Brkgs
Landfill, services, 9,830.40; Brkgs Finance, petty cash, 114.09; Coast to Coast, supplies, 17.16;
Cpnnections, Inc., services, 458.33; Dakota Beverage Co., beer, 12,225.45;Downtown Tire, repairs,
335.50;R. Eggen, travel, 29.00; LG Everest, supplies, 200.51; Farmers Coop, supplies/services,
1,077.39; FNB Visa, supplies, 268.00; Harold's Printing, supplies, 86,50; Insty-Prints, supplies,
66.34; JP Cooke Co., supplies, 97.08; Johnson Bros., liquor/beer, 60,052.50; A. Kruse, travel,
29.00; L& L Auto Parts, parts, 7.99; Martin's Inc., fuel, 8,287.93; R. McGrath, travel, 67.19;
Michie, supplies, 30.38; M& T Fire& Safety, supplies, 440.00; Midwestern Mechanical, supplies,
32.00; Pitney Bowes, service, 209.00; Runnings, supplies, 472.82; SD Safety Council, registration,
170.00; Sioux Falls Two Way Radio, supplies/maintenance, 222.90; SoDak Distributing, beer/Iiquor,
32,539.71; SD Federal Property Agency, supplies, 15.00; SDSPLS, dues, 80.00; SD Assoc. of Code
Enforcement, dues, 40.00; SD Pest Control, registration, 70.00; SD Building Officials, dues, 70.00;
Sutton Veterinary Clinic, supplies, 30.00; TV Production, advertising, 583.33; Uniforms unlimited,
supplies, 180.03; Wa1Mart, supplies, 209.96; Lab Safety Supply, supplies, 102.22; Country General,
supplies, 71.94; Comment Cellular, service, 95.55;
November 30, 1999
Crrolier Publishing, materials, 1,097.04; A&D Campers, parts, 44.25; Mitchell Repair, materials,
32.40; SDSU Journalism Dept., supplies, 24.00; Cenex, fuel, 316.84; Brkgs Co. Weed, supplies,
351.73; Audio Replacement Tape, supplies, 9.60; US West, materials, 205.02; American Library
Assn, materials, 141.95; American Linen, rent, 72.95; Baker& Taylor Co., materials, 397.84;Baker
& Taylor Entertainment, materials, 358.16; Banner Assoc, library expansion, 399.79; Big O Tires,
service, 24.95; Joe Schmitz Bookseller, materials, 84.53; Bound to Stay Bound Books, materials,
219.56; Bowes Construction, street assessments, 8,663,72; Brkgs Public Library, petty cash, 195.95;
Three Eagles Communications, advertising, 360.00; Brkgs Hospital, testing, 70.00; Central Business
Supply, maintenance, 58.38; P. Bolzer, travel, 140.08; Creative Publishing, materials, 186.13;
Chivers, materials, 166.66; Child's World, materials, 593.25; Copycat Press, Inc., materials, 18.95;
Dakota Farmer, materials, 21.95;Demco, supplies, 54.22; Dust-Tex, rent, 35.82; Ebsco, materials,
6,576.35; Cellular One, service, 67.86; L G Everist, supplies, 155.90; FNB Visa, supplies/travel,
528.99; Foerster Dist., supplies, 239.15; Gale Research, materials, 993.87; GP Auto Service&
Repairs, parts, 2,153.20; A. Glover, contract, 3,775.00; Lexis Law, supplies, 1,226.70; Crreystone
Construction, services, 2,185.00; Harold's Printing, supplies, 97.60; D. Hartmann, travel, 48.00;
Ingram Dist., materials, 3,627.97; Learning Opportunities, materials, 501.83;Leisure Arts, materials,
29.91; Martin's Inc, fuel, 1,457.78;Michie, supplies, 43.35; Midwest Glass, repairs, 23.87;
N�illbrook Press, materials, 445.54; MS Dist., materials, 81.22;New Image, supplies, 2,480.84; NW
Public Service, service, 1,139.00; Olson Paint&Wallpaper, supplies, 49.98; Oster& Assoc.,
contract, 1,250.00; Penquin Putnam, materials, 56.60; Perry Electric, repairs, 2,416.80; Pitney
Bowes, maintenance, 438.89; Quality Books, materials, 621.34; Recorded Books, materials, 11.90;
Reliable, supplies, 154.42; Runnings, supplies, 325.20; SDML, dues, 3,483.60; SDML, dues, 15.00; �
A. Sommervold, reimburse, 20.00; Subway Stamp Shop, materials, 31.68; Time-Life Education,
materials, 281.18; Wal-Mart, supplies, 87.30; Worldbook Encyclopedia, materials, 27.40; Mills
Construction, services, 4,533.17; RDO Equipment, supplies, 30.29; Comment Cellnlar, service,
301.25; Pro Audio; materials, 43.90;M& T Fire& Safety, service, 32.00; Microwarehouse,
supplies, 667.94;
220
Barretts Furniture, services/carpet, 7,616.07; Prairie Ridge Estates, street repairs, 2,114.19; Beal
Dist., beer, 23,653.00; Bowes Construction, supplies, 39.67; Carlson Dist., beer/misc, 8,303.50;
Dakota Beverage, beer/misc, 14,441.65; Dakota Filter Service, service, 36.25; Foster Farms, service,
3,x26.�1; Insty-prints, supplies, 8.71; Janitors Closet, supplies, 976.00; Midwest Glass, supplies,
3.75; Bellboy Corp., supplies, 209.81; Sprint PCS, service, 424.68; NW'Public Service, service,
4.50; Perry Electric, supplies, 97.12; Smith Supplies, supplies, 42.75; SDML, dues, 977.00.
Review of current policy on voluntary positions for boards, committees and commission now
contained in Resolutions 94-94 and 4-94 and the City Charter.
Review of ordinance pertaining to the Brookings Hospital and Brookview Manor Board.
Motion was made by Bibby, seconded by Artz to amend the ordinance to state the City Council
"may", rather than"shall", appoint a City Council member as an ex-officio to attend Hospital Board
meetings. All members voted YES; motion carried.
Consideration of a request from the Hospital Board increasing board size from seven to nine
members. Motion was made by Davidson, seconded by Weems to increase the size of the Hospital
Board from 7 to 9 members, one of the new members be county appointed. All members voted
YES, except McClemans and Herriott; motion carried.
Review of ordinance pertaining to the Brookings Planning Commission.
Motion was made by Artz, seconded by Weems approving Resolution No 10?-99, approving
Change Order No. 2 (CCO#2)Final for Landfill Machine Shed Finish. All members voted YES;
motion carried.
RESOLITTION NO. 107-99
RESOLUTION APPROVING CHANGE ORDER NO. 2 (CCO#2)FINAL FOR
"LANDFILL MACHINE SHED FII�TISH"
Be it Resolved by the City Council that the following Change Order#2 FINAL be allowed
for the"Landfill Machine Shed Finish".
Construction Change Order Number 2 (CCO #2 Final)
1. Provide and install insulation and steel siding over skylights on west wall.
Add:..................................................$900.00
2. Construct partition wall for fuel bay to meet electrical wiring code.
Add:..................................................$1,900.00
3. Excise tax for above items.
Add:..................................................$56.00
TOTAL Add to Contract:.........................$2,856.00
Motion was made by Artz, seconded by Bibby approving Resolution No. 99-99 authorizing
the Mayor to sign an agreement to exchange federal for state funds for construction of projects
P3245(00)PCEMS 5429 (22"d Avenue) and P3313(00)PCEMS 6030 (Main Avenue). All members
voted YES; motion carried.
RESOLiTTION NO. 99-99
AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT TO EXCHANGE
FEDERAL FOR STATE FUNDS FOR CONSTRUCTION OF PROJECTS P3245 (00)PCEMS
5429 (22°d Avenue)AND P3313 (00)PCEMS 6030 (Main Ave)
WHEREAS, both parties of this Agreement desire that Project P 3245(00) on 22"� Ave. from
Eleventh Street to Eleventh Street So. hereinafter refened to as"ProjecY' be constructed in 2000;
221
AND W�-�REAS, both parties of this Agreement desire that Project P 3313(00) on Main
Avenue South from 8�' Street So. To 20'i' Street So. hereinafter referred to as "Project" be
constructed in 2001;
AND WI�REAS, it is in the best interest to let Project as a State project thus eliminating
certain Federal requirements resulting in significant anticipated cost savings;
AND WHEREAS, the projects are currently programmed at an estimated cost of$700,000
based on Federal standards;
AND WHEREAS, Project costs include preliminary engineering, construction, pavement
marking, and construction engineering, with a total estimated at $580,000 based on local standards;
AND WHEREAS, adequate funding is available utilizing FY 2000 and FY 2001 funding;
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Brookings to
hereby authorize the Mayor to sign the Agreements to Exchange Federal for State Funds for
Construction Projects P3245(00), PCEMS 5429 and P3313 (00) PCEMS 6030 in Brookings.
Consideration of a plan recommended by Banner and Associates and the MultiPlex Board at
your November 8, 1999 meeting. Motion was made by Bibby, seconded by Artz to authorize Banner
& Associates to prepare the construction ptan and bid packages for both the exhibition hall and
annex without site work and holding barns. All members voted YES, except Bozied voted No;
motion carried.
Motion was made by Artz, seconded by Bibby approving Resolution No. 110-99, a resolution
of the governing body of the city of Brookings, South Dakota, declaring an official intent to use a
portion of the seventy-five percent (75%) of the revenues from the one percent(1%)of municipal
sales and service and use tax for reconstruction of streets. All members voted YES, except
McClemans and Bozied;motion camed.
RESOLUTION 110-99
A RESOLUTION OF THE GOVERNING BODY OF TI�CITY OF BROOKINGS,
SOUTH DAKOTA, DECLARING AN OFFICIAL INTENT TO USE A PORTION OF THE
SEVENTY-FIVE PERCENT (75%) O� THE REVENUES FROM THE ONE PERCENT (1%) OF
MUNICIPAL SALES AND SERVICE AND USE TAX FOR RECONSTRUCTION OF
STREETS.
W�-IEREAS, the Brookings Street Department has or will spend funds on street
improvemer�ts aceording to sta�e st�.tue that are in accordance with the spending of the second penny
sales tax,
NOW THEREFORE BE IT RESOLVED that the sum of$29,282.70 from the revenues of
the second penny sales tax as approved in Ordinance No. 25-96 and Ordinance No. 20-98, shall be
dedicated for street improvements.
A public hearing was held on Ordinance No. 31-99, rezoning the east 160' of Outlot J and
the east 160' of the north 45' of Block 12, Paxkdale Home Third Addition. All present were given an
opportunity to be heard. Motion was made by McClemans, seconded by Weems approving
Ordinance No. 31-99. All members voted YES; motion carried.
ORDINANCE NO. 31-99
AN ORDINANCE TO CHANGE TI�ZONING WITHIN TF� CITY OF BROOKINGS
Motion was made by Bibby, seconded by Bozied a�proving Resolution No. 109 -99
authorizing final change order(CCO#1 FINAL)for Street Assessment Project 99-03STA(Bowes
Construction). All members voted YES; motion carried.
RESOLUTION NO. 109-99
RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR
STREET ASSESSMENT PROJECT 99-03STA(BOWES CONSTRUCTIOl�
2 � � BE IT RESOLVED by the City Council that the following change order be allowed for
Street Assessment 99-03 STA.
Construction Change Order Number 1 Final
Adjust estimated quantities as"as build" for a total decrease of$499.03.
Motion was made by Davidson, seconded by Bibby approving Resolution No. 108 -99
authorizing final change ot-der(CCO#1 FINAL)for Street Assessment 99-02STA(Bowes
Construction). All members voted YES; motion carried.
RESOLUTION NO. 108-99
RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR
STREET ASSESSMENT PROJECT 99-02STA(BOWES CONSTRUCTIOl�
BE IT RESOLVED by the City Council that the following char�ge order he allowed for
Street Assessment 99-02STA.
Construction Change Order Number 1 Fina1
Adjust estimated quantities as"as build" for a total increase of$1,350.53.
Motion was made by Bibby, seconded by Davidson to enter executive session for contractual
matters. All members voted YES; motion carried.
Motion was made by Bibby, seconded by Davidson to adjourn executive session. All
members voted YES; motion carried.
Council Meeting Adjourned. _- �
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City Clerk