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Home My WebLink AboutCCMinutes_2000_06_12 297 Council Chambers June 12, 2000 City of Brookings The City Council convened in regular session at 5:30 PM with the following members present: Herriott, McClemans, Bozied, Bibby, Weems, Artz and Davidson (via telephone). City Manager Michael Williams and City Attorney Steve Britzman were present. Consent A eg nda . Motion was made by Weems, seconded by Bozied, to approve the consent agenda which included the regular May 22, 2000 minutes, the agenda, and a plumber's license for R& S Plumbing&Heating(formerly known as Al's Plumbing). All members voted YES; motion carried. Public Forum . Gloria Kloster, Vice President of the Historic Preservation Cornmission, invited the City Council to attend a reception for Pat Fishback, South Dakota "Preservationist of the Year" on Tuesday, June 20, 2000 at 4:00 p.m. in the Public Library Cooper Room of the Library. Temporarv Alcoholic Beverage Licenses . A public hearing was held on temporary Alcoholic Beverage Licenses for the Elks Lodge for a private wedding party to be held at the National Guard Armory on July 22, 2000; the Staurolite Inn for a private wedding party to be held at the Multiplex on July 22, 2000; Caspers for a private wedding party to be held at the Multiplex on June 24, 2000, and HyVee for July 1, 2000 and August 19, 2000 at the Multiplex. All present were given an opportunity to be heard. Motion was made by Artz, seconded by Bibby approving the temporary licenses. All members voted YES; motion carried. House Moving Request. A public hearing was held to move a one-story ranch style home from the United Building Center to Lot 56, River Ridge Addition, also known as 3345 Aspen Avenue. All present were given an opportunity to be heard. Motion was made by Weems, seconded by Bibby, approving the house moving with the bond waived. All members voted YE5; motion carried. Ordinance No. 10-00—Access Drives . A public hearing was held on Ordinance No. 10- 00, amendments to the 1994 Revised Zoning Ordinance pertaining to access drives in residential, business and industrial districts (first reading on 5/8/00). All present were given an opportunity to be heard. Motion was made by McClemans, seconded by Bozied, approving Ordinance No. 10-00. All members voted YES; motion carried. Malt Beverage License Applications . A public hearing was held on an on-off sale malt beverage licenses for the Safari and Multiplex and an off-sale malt beverage license for the Chevy Lounge. All present were given an opportunity to be heard. Motion was made by Artz, seconded by McClemans, approving the licenses. All members voted YES; motion carried. Ordinance No. 11-00—Temporarv Merchants Licenses . Motion was made by Bibby, seconded by Weems, approving Ordinance No. 11-00, amending Chapter 28 of the Code of Ordinances pertaining to safety guidelines and for the licensing of outdoor sites for temporary merchants. All members voted YES; motion carried. Ordinance No. 13-00—Violation of City Ordinances . Motion was made by Artz, seconded by Bibby, approving the first reading on Ordinance No. 13-00, an Ordinance amending Section 1-4 of the Ordinances of the City of Brookings and pertaining to the general penalty for violations of city ordinances(second reading scheduled 6/26/00). All members voted YES; motion carried. Ordinance No. 12-00—Restricting Pi e�; ons . Motion was made by Artz, seconded by Bibby, approving the first reading on Ord. No. 12-00, an ordinance restricting the keeping of pigeons in the ci�y of Brookings, South Dakota(second reading scheduled 6/2b/00). ). All members voted YES; motion carried. 298 Ordinance No. 14-00—Prohibiting Indecent Exposure . Motion was made by Artz, seconded by Bibby, approving the first reading on Ord. No. 14-00, an Ordinance prohibiting Indecent Exposure in the city of Brookings, South Dakota(second reading scheduled 6/26/00). All members voted YES; motion cairied. Ordinance No. 17-00—Rezone Patrick's Addition . Motion was made by Artz, seconded by Bibby, approving the first reading on Ord. No. 17-00, an Ordinance to rezone the E 1/2 of NE '/4 excluding the north 990' of the east 990'; the east 143.18' of the plat of Calvary Cemetery and Block 1, Patricks Addition in Section 34-T110N-RSOW from an Agricultural A District and Residence R-2 and R-3 District to a Residence R-1B and R-2 District (located southeast of cemeteries) (public hearing scheduled 6/26/00). All members voted YES; motion carried. Ordinance No. 15-00—Planning and Zonin$ Commission . Motion was made by Artz, seconded by Bibby, approving the first reading on Ordinance No. 15-00, an ordinance amending Article II, Chapter 30, of the Revised Ordinances of the City of Brookings pertaining to the Planning and Zoning Commission(public hearing scheduled 6/26/00). All members voted YES; motion carried. Ordinance No. 16-00—Rezoning Middle School Site . Motion was made by Artz, seconded by Bibby, approving the first reading on Ord. No. 16-00; an ordinance to rezone Lots 1-4 and the east 10' of Lot 5; and Lots 8-12 of Block 10, Second Addition from a Residence R-2 District to a Planned Development District (former Middle Schaol Site) (public hearing scheduled 6/26/00). All members voted YES; motion carried. Resolution No. 37-00—Final Plat for Middle School Site . Motion was made by Weems, seconded by McClemans, approving Resolution No. 37-00 a final plat of Lots 101, 102 and 103, Block 10, Second Addition(former Middle School site). All members voted YES; motion carried. Resolution No. 36-00— Sur�lus Pro�ert�. Motion was made by Weems, seconded by Artz, approving Resolution No. 36-00 declaring Surplus property(sale scheduled for 7/20/00). All members voted YES; motion carried. RESOLUTION NO. 36-00 APPRAISING AND AUTHORIZING SALE OF SURPLUS PROPERTY VVHEREAS, the City of Brookings has surplus items as listed in a Notice of Sale that are no longer necessary or useful for City purposes, and it is the desire of the City to dispose of same as surplus property; NOW, THEREFORE, BE IT RESOLVED, that all the attached listed property declared surplus by the City Council. FiJRTHER BE IT RESOLVED by the City Council that the property be offered for sale at public auction on July 20, 2000. Resolution No. 35-00—Pioneer Park/Arts Festival . Motion was made by McClemans, seconded by Bibby, approving Resolution No. 35-00 designating Pioneer Park to the Summer Arts Festival Committee from July 3-10, 2000. Motion was made by Weems, seconded by Bozied, to amend the Resolution dates from July 3-10 to 7uly 5-10. All voted yes, amendment passed. On the motion as amended, all members voted YES; motion carried. RESOLUTION NO. 35-00 WHEREAS, the Brookings Summer Festival will be held in Pioneer Park on July 7, 8, & 9, 2000 and 299 WI�REAS, 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 sha11 terminate for the period of July 5`�thru July 10, 2000. BE IT FIJRTHER RESOLVED that the City Commission does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Festival to the Summer Festival Committee. FiJRTHER, 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. 28-00— Street Assessment#00-02STA . Motion was made by Artz, seconded by Weems, approving Resolution 28-00, a Resolution of Necessity for Street Assessment Project 00-02STA(item was deferred on 5/22/00). Property owners Ed Lorenz and Tim Harvey withdrew from the petition. All members voted NO; motion failed. Resolution No. 34-00—Street Improvement#00-03STA . Motion was made by Artz, seconded by Weems, approving Resolution No. 34-00, an initial resolution for street improvement No. 00-03 STA(public hearing scheduled 7/10/00). All members voted YES; motion carried. RESOLLJTION NO. 34-00 IlVITIAL RESOLUTION FOR STREET IMPROVEMENT NO. 00-03STA (Division Avenue from 8�' St S to Thunder Pass; Thunder Pass from Deer Lane to Division Avenue) . � BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: 1. This Council deems it necessary to improve by paving with a bituminous wearing surface and otherwise improving the streets and public ways refened to in a Proposed Resolution of Necessity for Street Irnprovement No. 00-03 STA on file with the City Clerk, and to provide for payment of the cost of such street improvement by levying assessments against the property to be benefited thereby according to benefits, which property is also described in said proposed resolution. 2. This Board will meet in the Council Chambers, City Ha11, Brookings, South Dakota, on Monday, the l Oth of July, 2000, at 5:30 o'clock P.M. for the purpose of considering any objections to such proposed resolution. The City Clerk is directed to give notice of the resolution to be published once, two weeks prior to said meeting, in the official newspaper of the City with an appended notice stating the place and time of meeting. w Preliminary Plat—Moriarty/Edg�ebrook Addition . Motion was made by Artx, seconded by Weems, approving a preliminary plat of Block 3, Moriarty-Edgebrook Addition (located 17�'Ave. So_ And 15�' St. So.). All members voted YES;motion carried. 300 Final Plat—Moriarty/Edgebrook Addition . Motion was made by Weems, seconded by Bibby, approving Resolution No. 3 8-00, a final plat of Lots 7 and 8 of Block 3 and Street Right-of-Way in Moriarty-Edgebrook Addition. All members voted YES; motion carried. Grass Fire Vehicle . Motion was made by Artz, seconded by Weems, approving the purchase of grass fire vehicle for the Fire Department out of normal budgeted expenditures for this year, not contingency. All members voted YES; motion carried. Deput,y Mayor. Motion was made by Artz, seconded by McClemans, approving the appointment of Keri Weems as Deputy Mayor until June 2001. All members voted YES; motion carried. City Clerk Position Description . Motion was made by Weems, seconded by Bozied, approving the City Clerk Position Description. All members voted YES; motion carried. Public Forum. Paul Koepsell, local citizen, recommended the city compensate the railroad for any condemnation action, the city promote rail service in the state, and to leave the bypass decision up the Surface Transportation Board. DM&E Noise& Vibration Studv. Mike Williams solicited two proposals to study the potential noise and vibration created by the proposed DM&E railroad expansion. However, there is not sufficient tirne to prepare the report and file with the Surface Transportation Board (STB) at this point. He recommended waiting until the draft EIS is released and make a decision about any type of response after the city reviews that document. The City Manager was asked to make inquiry regarding a legal consultant to review and advise the City on the draft EIS. Council Members Open Discussion. The SDML 2000 Elected Officials Workshop is scheduled July 28, 2000. Motion to adjourn was made by Weems, seconded by Bozied. Council eting adjourned at 7:55 p.m. � o��.°.F BR�i- Mayor ��{p q1CORo'�.�,�,i � �R ,� 2 � lt� �' lt „ �soutt►oP ►