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Home My WebLink AboutCCMinutes_2001_08_13 397 Brookings City Council Meeting Monday, August 13, 2001 5:30 p.m. The Brookings City Council convened in regular session on Monday, August 13, 2001 at 5:30 p.m. at City Hall with the following members present: Mayor Virgil Herriott, Council Members Tom Bozied, Doris Roden, Scott Munsterman, Sam Artz and Keri Weems. Mike McClemans absent. City Manager Michael Williams and City Attorney Steve Britzman were also present. Consent Agenda. Motion was made by Artz, seconded by Weems, to approve the consent agenda which includes the July 16 and 7uly 23, 2001 meeting minutes, adoption of the agenda, approval of Resolution No. 35-01, a resolution assuring that no additional right-of-way isneeded for State Project No. P3301(00) located at Medary Avenue from 15�' Street South to 22°d Street South; approval of Resolution No. 36-01, a resolution authorizing the Mayor to sign an agreement to exchange federal for state funds for construction of Project No. P3301(00)PCN 312R; approval to authorize the sale, as required by law, of the buildings located at 1416 Si�h Street (Lorenz property) for removal by December 31, 2001 and approval to authorize the Mayor to sign an application for Federal Assistance for Airport Project 3-46-0005-14-2001 (Rehab Commercial Ramp, expand General Aviation Ramp and paint new markings on Rwy 12/30). All members voted YES; motion carried. Resolution No. 35-01 —Street Project P3301(00): RESOLUTION 35-01 A RESOLUTION ASSURING THAT NO ADDITIONAL RIGHT-OF-WAY IS NEEDED FOR STATE PROJECT NUMBER P3301(00) LOCATED AT MEDARY AVENUE SOUTH FROM 15TH STREET SOUTH TO 22ND STREET SOUTH IN THE CTTY OF BROOKINGS WHEREAS, the City of Brookings, South Dakota, has prepared plans, data, and information in accordance with South Dakota Department of Transportation guidelines necessary to construct the above project. NOW, THEREFORE, be it resolved, that the City of Brookings certifies that all work involved in the project will take place within the City's right-of-way, and that no additional right-of-way or construction easements are required. Resolution No. 36-01 —Street Proiect P3301(00)PCN312R: RESOLUTION NO. 36-01 AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT TO EXCHANGE FEDERAL FOR STATE FUNDS FOR CONSTRUCTION OF PROJECT P3301(00)PCN 312R(Medary Avenue South from 15� Street South to 22'"� Street South) WHEREAS,both parties of this Agreement desire that Project P3301(00) on Medary Ave. South from 15th Street South to 22nd Street So. hereinafter referred to as"Project" be constructed in 2002; AND WHEREAS,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 project is currently programmed at an estimated cost of$200,000 based on Federal standards; AND WHEREAS, Project costs include preliminary engineering, construction, pavement marking, and construction engineering, with a total estimated at $200,000 based on local standards; AND WHEREAS, adequate funding is available utilizing FY 2003 funding; NOW, THEREFORE, BE IT 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 Project P3301(00), PCN 312 R in Brookings. Resolution No. 33-01- Street Proiect Ol-02STA: A public hearing was held on Resolution No. 33-01, a resolution of necessity on Street Assessment Project 01-02STA 398 (Alley from 6�'to 7�` Street between 11�'Avenue and 12�'Avenue). All present were given an opportunity to be heard. Motion was made by Roden, seconded by Weems, approving Resolution No. 33-01. All members voted YES; motion carried. RESOLUTION NO. 33-01 RESOLUTION OF NECESSITY STREET ASSESSMENT PROJECT 01-02STA BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: The City Council hereby declares the necessity of paving with a bituminous wearing surface on an asphalt stabilized base course on the alle�y as follows: Alley from 6�'to 7�' Street between 11 Avenue and 12�`Avenue 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 a11ey: One and one-half inch(1 '/z")bituminous mat 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 $32.00 per linear foot of alley. The estimated cost per linear foot of alley for paving with one and one- half inch(1 '/z")bituminous mat on a one and one-half inch asphalt stabilized base course on a six inch(6") crushed gravel course to be paved to a width of 18 feet is $32.00 or$16.00 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. 6. The above described improvement sha11 be hereinafter referred to as Street Assessment Project No. 01-02STA, which shall be deemed a description of the improvement of the alley as hereinabove set forth. McClemans nresent via telephone at 5:40 a.m. Ordinance No. 11-01 —revision of Ordinance. 1980: Motion was made by Bozied, seconded by Weems, to approve the first reading of Ordinance No. 11-01, an ordinance revising the Brookings Joint Jurisdiction Ordinance, 1980, pertaining to area regulations within Mobile Home- Manufactured Housing parks. All members voted YES; motion carried. Resolution No. 34-01 —Ol-01SWR Sidewalk Reuair: Motion was made by Weems, seconded by Bozied, to approve Resolution No. 34-01, a resolution determining the necessity of repairing sidewalks in the City of Brookings at the expense of abutting property owners, 01-01SWR Sidewalk Assessment Project. All members voted YES; motion carried. RESOLUTION NO. 34-01 SIDEWALK ASSESSMENT PROJECT Ol-01SWR RESOLUTION DETERMINING THE NECESSITY OF REPAIItING SIDEWALKS IN THE CITY OF BROOKINGS AT THE EXPENSE OF ABUTTING PROPERTY OWNERS BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 399 1. It is hereby determined that sidewalk repairs are necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 01-01SWR Sidewalk Assessment Project. 2. Such sidewalks shall be to the width and of the materials prescribed by Section 605 "Sidewalks" and Section 701.3-16 of Ordinance No. 532 entitled"An Ordinance Providing Rules, Regulations and Standards to Guide Land Sub-division in the City of Brookings and Within Three Miles of the City Limits Thereof' and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Resolution No. 37-01 —Gift of Land: Motion was made by Artz, seconded by Bozied, approving Resolution No. 37-01, a resolution accepting a gift of land from the Larson Foundation to the City of Brookings (former Wayside Motel). All members voted YES; motion carried. RESOLUTION NO. 37-01 A RESOLUTION ACCEPTING A GIFT OF REAL PROPERTY TO THE CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, the LARSON FOITNDATION desires to gift and convey real property to the City of Brookings, South Dakota, to be used as a park and as part of the park system of the City of Brookings; the real property being the location of the former"Wayside Motel" and being described as follows: The East One Hundred Feet (E 100') of Block One(1) of Avery's Addition AND Lots One(1), Two (2), Three(3) and Four(4) of Block One(1) of Gentle's Addition, all in the City of Brookings, County of Brookings, State of South Dakota, and WHEREAS, the City Council recognizes the significant benefits the community will enjoy as a result of the gift of the land by Larson Foundation, and WHEREAS, the City Council approves the form of the Deed provided by Larson Foundation and accepts the terms of the Restrictive Covenant set forth within the Warranty Deed provided by Larson Foundation. NOW THEREFORE, BE IT RESOLVED by the City Council that the property described above is gratefully accepted by the City of Brookings, South Dakota. OTHER BUSINESS: Wetland Reserve Pronertv: Motion was made by Roden, seconded by Weems, authorizing the Mayor to sign an agreement placing city property in the Wetland Reserve Property. All members voted YES; motion carried. Police Deaartment Grant: Motion was made by Munsterman, seconded by Weems, Authorizing the Mayor to sign a Local Law Enforcement Radio Grant agreement for eight mobile radios for the planned statewide radio system. All members voted YES; motion carried. Fire Department Grant: Motion was made by Artz, seconded by Munsterman, authorizing the Mayor to sign a Fire Department Radio Grant Application for mobile radios for the planned statewide radio system (Fire). All members voted YES; motion carried. Resolution No. 38-01 —ContinSencv Fund Transfer: Motion was made by Artz, seconded by Roden to approve Resolution No. 38-01 as amended to transfer from the Contingency Fund to Fire Capital for five of thirteen mobile radios for the planned statewide radio system. All members voted Yes; motion carried. RESOLUTION NO. 38-01 A RESOLUTION AMENDING THE 2001 BUDGET WHEREAS,there is a need to provide funding for unexpected matching grants for the statewide VI�Digital Radio System, and NOW THEREFORE,BE IT RESOLVED by the City Council that the City Manager be authorized to make the following transfers of funds: From Contingency to Fire Capital 4 600.00 Total $4,600.00 NOW THEREFORE, BE IT RESOLVED that the 2001 Budget is amended as described above. 400 Liquor Operatin�Agreement Policv: Motion was made by Weems, seconded by Munsterman, to approve the Liquor Operating Agreement Policy as amended. All members voted YES, except Bozied; motion carried. Prairie Lanes Transfer: Motion was made by Roden, seconded by Munsterman, to approve an alcohol operating agreement to new owners, Les Nelson and Jerry Busick and to approve their video lottery application not to be executed until the sale is completed. All members voted YES; motion carried. Casper's Enternrises. Inc: Motion was made by Bozied, seconded by Weems, to approve a request to assign the Casper's Enterprises, Inc (dba Casper's Cafe) alcohol operating agreement to a new location at 720 22nd Avenue South, Brookings Mall. All members voted NO; except Bozied. Motion failed. Review of Ouarterlv Financial Reports. Michael Williams, City Manager, gave an overview of the quarterly financial reports. Citv Manager's Reuort. Michael Williams, City Manager, reported that a report would be completed this week. Council Members Open Discussion. Liquor Laws and holding discussions with bar owners were topics discussed. Egecutive Session: Motion was made by Weems, seconded by Bozied, to enter Executive Session regarding contractual matters and labor negotiations with the City Manager and City Attorney present. All voted Yes; motion carried. Adjournment: Motion was made by Weems, seconded by Bozied to e�t Executive Session and adjourn. Meeting adjourned at 8:00 pm. CITY OF BROOKINGS � ' � � Mayo V' gil H. Herriott � ,�4 �r �p0 � �� '� � s � A� � ✓ ' ��l�� Sha ornes, City Clerk