HomeMy WebLinkAboutCCMinutes_2001_11_13 423
Brookings City Council
November 13, 2001 Minutes
The Brookings City Council convened in regular session on Tuesday, November 13, 2001, at 5:30 p.m. at
City Ha11 with the following members present: Mayor Virgil Herriott, Council Members Tom Bozied,
Doris Roden, Scott Munsterman, Mike McClemans, Keri Weems and Sam Artz. City Manager Michael
Williams and City Attorney Steve Britzman were also present.
Consent Asenda. The executive session for labor negotiations was removed from the agenda. Motion
was made by Artz, seconded by Weems, to approve the consent agenda which included the October 15,
2001, October 22, 2001 and October 29, 2001 meeting minutes; adoption of the agenda as amended;
action on Resolution 47-01, a change order for Project 01-06STI; action on Resolution 48-01, a change
order for P3313(00)PCEMS; action on Resolution 50-01, fixing a time and place for a hearing upon
assessment roll for Project 01-02STA; action on Resolution 53-01, directing the preparation of assessment
roll for Project O l-01 SWR; action on Resolution 49-01, setting storm drainage fees for 2002; and action
on Resolution 52-01, vacating an easement Lot 10 of LeFevre Addition. All members present voted YES;
motion carried.
RESOLUTION NO. 47-01
RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR STREET
IMPROVEMENT PROJECT 01-06STI SCHEDULE A(Chip Seal Project)
BE IT RESOLVED by the City Council that the following change order be allowed for Street
Improvement Project 01-06STI Schedule A.
Construction Change Order Number 1 Fina1
Adjust estimated quantities as"as build" for a total decrease of$3,891.96.
Passed and approved this 13�'day of November, 2001.
RESOLUTION NO. 48-01
RESOLUTION AUTHORTZING FINAL CHANGE
ORDER(CCO#1 FINAL)FOR P3313(00) PCEMS 6030,MAIN AVENUE SOUTH
OVERLAY AND PAVEMENT MARKING PROJECT
BE IT RESOLVED by the City Council that the following change order be allowed for
P3313(00)PCEMS 6030.
Construction Chan�e Order Number 1 Fina1
Adjust estimated quantities as"as build" for a total decrease of$36,772.79.
Passed and approved this 13�'day of November, 2001.
RESOLUTION NO. 50-01
RESOLUTION FIXING TIME AND PLACE FOR HEARING UPON ASSESSMENT ROLL FOR
STREET ASSESSMENT PROJECT NO. O1-02STA
Alley from 6�` St. to 7�' St. between 1 l�' Ave. and 12�'Ave.
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for Street Assessment Project No. 01-02STA having been filed in the
office of the City Manager on the 23rd day of October, 2001, the City Council shall meet in the Council
Chambers, City Hall, in said City on Monday, the 26�`day of November, 2001, at 5:30 o'clock PM, the
said date being not less than twenty(20) days from the filing of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in general terms
Street Assessment Project No. Ol-02STA, the date of filing the assessment roll, the time and place of
hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City
Engineer and referring to the assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper at
lea.st one(1)week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed
424
to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by
the records of the Director of Equalization at least one (1) week prior to the date set for said hearing.
Passed and approved this 13�'day of November, 2001.
RESOLUTION NO. 53-01
Resolution Directing Preparation Of Assessment Roll, Dividing Assessments Into Installments, And
Providing For The Cotlection Thereof For Sidewalk Assessment
Project Ol-01SWR(2001 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. Ol-01SWR. 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. OI-Ol SVVR 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 $41,977.02
Engineering, inspection, fiscal,
legal expense, publication 543.42
Tota1 Expense $42,520.44
4. The total cost of said improvement sha11 be paid as follows:
City Repair Costs $32,920.06
Assessable costs $ 9,600.38
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 five(5) equal annual installments for a11 amounts over
$300.00. For amounts of$300.00 or less, the entire assessment shall be due.
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%).
Passed and approved this 13�day of November, 2001.
RESOLUTION NO. 49-01
SETTING THE UNIT FINANCIAL CHARGE FOR 2002 STORM DRAINAGE FEES
WHEREAS,Chapter 35, Article V, Section 35, 101-(c) of the Revised Ordinance of the City of
Brookings, provides for setting the unit financial charge of Storm Drainage, by Resolution.
NOW THEREFORE,BE IT RESOLVED that the unit financial charge shall be .00018 for
Storm Drainage purposes.
Passed and approved this 13th day of November, 2001.
RESOLUTTON NO. 52-01
VACATION OF EASEMENT IN LOT 10,LEFEVRE ADDITION
BE IT RESOLVED BY THE CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, The City of Brookings has been ganted a certain utility easement along the south
20 feet of Lot 10, granted to the City of Broakings for the construction and maintenance of an overhead
electric service line. The easement was granted in a quit claim deed from American Oil Company to
425
LeFevre Motor Co., which was filed in the office of the Brookings County Register of Deeds on October
S, 1972, and recorded in Book 86 of Deeds, Pages 498 and 499, and
WHEREAS, The City of Brookings does not maintain any overhead electric service line along
the south 20 feet of Lot 10, and there is no need for the City to retain an easement for the construction and
maintenance of an overhead electric service line.
NOW, THEREFORE,BE IT RESOLVED by the Governing Body of the City of Brookings
that the easement on the south 20 feet of Lot 10, LeFevre Addition as recorded in Book 86 of Deeds
Pages 498 and 499 be vacated.
FURTHERMORE,that a copy of this resolution be filed with the Brookings County Register of
Deeds and that said Register of Deeds be requested to file this to the proper miscellaneous record.
Passed and approved this 13�'day of November 2001.
Resolution No. 54-01 —Canvassing November 6.2001 Battot. Motion was made by Weems, seconded
by Roden, to approve Resolution No. 54-01, canvassing the November 6, 2001, Special Municipal
Election batlot. A11 members voted YES; motion carried.
RESOLUTION No. 5401
CANVASSING THE NOVEMBER 6, 2001,ELECTION
WHEREAS, on the 6th day of November, 2001, there was held in the City of Brookings, South
Dakota, an election regarding the passage of Resolution 6-O l which recommends to the Surface
Transportation Board approval of and financial support for the B-4A Bypass; and
WHEREAS,the judges and clerks of said election have returned to the City Council of the City
of Brookin�s the official results for the purpose of the official canvass, and
WHEREAS,the City Council on November 13, 2001 has canvassed the results for the purpose of
determining the official election outcome, and
NOW, THEREFORE,BE IT HEREBY RESOLVED By the City Council of the City of
Brookings, South Dakota, that the official vote at the annual City Election held November 6, 2001 was as
follows:
For Against Total Under Over Total
Vot�s votes votes B�llots
Cast Cast
Precinct 1 107 226 333 0 0 333
Precinct 2 126 220 346 0 0 346
Precinct 3 249 406 655 0 0 655
Precinct 4 344 231 575 0 0 5'75
Precinct 5 408 301 709 0 0 '709
Totals 1234 1384 2618 0 0 2618
BE TT FURTHER RESOLVED That Resolution 6-01 of the City of Brookings is hereby
rejected and will not take effect or be operative and the Surface Transportation Board will be notified of
the election outcome.
Dated at Brookings, South Dakota, this 13th day of November, 2001.
Resolution No. 46-01 —Industrial Park Land Lease. A public hearing was held on Resolution No. 46-
O1, an intent to lease real property to a private person(designated farmland in the Brookings Telkamp and
Wiese Industrial Parks to Wendell Telkamp). All present were given an opportunity to be heard.
Motion was made by Roden, seconded by Bozied, to approve Resolution No. 46-01. All members voted
YES; motion camied.
RESOLUTION NO. 46-01
RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO PRIVATE PERSON
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City
of Brookings intends to enter into a Lease with Wendell Telkamp for a period of three(3)years,
commencing upon approval by both parties and ending December 31, 2004, and pertaining to the
following described property:
426
The designated farmland on the Brookings Telkamp and Wiese Industrial
Parks, one hundred twenty-four(124) acres more or less in Sections 19 &
30-T110-R49 in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of Thirty Dollars and no Cents ($30.00) per acre for hayland and
Seventy Dollars and no Cents ($70.00) per acre for farniland annually, payable first half on April 1 and
the remaining half on November 1 of each year. The Lease may be renewed by notification by Lessee by
December 31 for each additional year, however, either party may give sixty(60) days notice prior to the
termination of the Lease to terminate said Lease Agreement, and the City of Brookings may terminate this
Lease at any time in the event a parcel of the above described property is to be sold by the City of
Brookings. If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the
unit price per acre.
BE IT FURTHER NOTED,that a Public Hearing on this Resolution was held on November 13,
2001 at 5:30 o'clock P.M. at the City Council Chambers and that a11 persons were given an opportunity to
be heard on the intent to lease real property.
Passed and approved this 13�'day of November, 2001.
.,
Resolution No. 44-01 —Convention Hall Desi nation. Motion was made by McClemans, seconded by
Munsterman, to approve a resolution designating the American Legion as a Convention Ha11. All
members voted YES; motion carried.
RESOLUTION NO. 44-01
RESOLUTION DESIGNATING AMERICAN LEGION AS A CONVENTION HALL
WHEREAS,the Brookings City Ordinance Section 5-21 "Temporary on-sale license for use at
convention Hall", states"Any public convention center or ha11 designated by resolution of the City is
hereby designated as a convention hall of the City for purposes of temporary on-sale alcoholic beverage
licensing. The use of each convention hall by any person holding a temporary on-sale alcoholic beverage
license sha11 be governed by the rules or regulations pertaining to each respective facility."
WHEREAS, SDCL 35-4-I4.2 further states there may be issued in any municipality one on-sale
license to be operated at a designated convention ha11, and
WHEREAS,the Brookin�s American Legion will be utilized for many different functions and
events, and
NOW,THEREFORE BE IT RESOLVED that the Brookings American Legion be designated
as a Convention Ha11. �
Passed and approved this 13th day of November, 2001.
Resolution No. 55-01 —MultiPlea Bid Award. Motion was made by Artz, seconded by McClemans, to
approve Resolution No. 55-01, a resolution awarding bids on an Overhead Steel Grid for the MultiPlex
Exhibition Ha11. All members voted YES; except Bozied, motion carried.
RESOLUTION NO. 5�-Ol
RESOLUTION AWARDING BIDS ON OVERHEAD STEEL GRID
FOR MULTIPLEX EXHIBITION ARENA
WHEREAS, the City of Brookings has received the foUowing bids for an Overhead Steel Grid for
the Exhibition Arena:
At� 1 �2_ Alt 3
Delete Delete Delete
Paint Paint Ladder
Bsse Bid Ladder Grid c Al� 1
Gil Haugen Consirudion,InG $46,900.00 $190(►.00 56800:00 $12000.00
Wal1z Con�ruction Co. .849,400.00 $190(l.00 $190(/.00 57600.00
Gray Construction Co. $SS,S00.00 �960.00 54960.00 $9000.00
Heitkamp Conslrudion Co.,Itta $62,879.�0 �1650.00 �4200.00 $8800.00
427
NOW THEREFORE, BE IT RESOLVED that the low bid of Gil Haugen Construction, Inc.
of Siouac Falls„ SD in the amount of$ $46,900.00 be accepted. This acceptance is for the Base Bid with
no deduct alternates.
Passed and approved this 13t" day of November, 2001.
Video Lotterv Reauest—South Main Diner. Motion was made by McClemans, seconded by Herriott,
to approve a video lottery application from South Main Diner. Bozied, Munsterman, Roden and Weems
voted no; Herriott, Artz, and McClemans voted yes; motion failed.
McClemans and Bozied left the meeting at 6:05 p.m.
Liauor License AAplications. The City Council reviewed the followin� applications for a liquor
operating agreement: Roger Carpenter, Carpy's Pub; Craig Kreyger, Vision Developer's, Inc., University
Mall; Carlos Vega, Guadalajara's; Todd Porter, Porter Apple Company; Gus Theodosopoulos, Cubby's
Sport Bar and Grill; Max and Kate Fjelstad, The Jackalope Lounge; Woody and Ginny Weeks and Dick
and Jan Anderson, Brickwood Enterprises, Inc.; Greg Thornes, Skinner's Pub; and John and Joy Mills.
Further review is scheduled on November 19 and November 26. No action was taken.
Motion was made by Herriott, �econded by Roden, to ask City Attorney Steve Britzman, on behalf of the
City Council, to investigate the expansion of liquor licenses due to home rule and report back to the
Council. All members present voted yes; motion carried.
Discussion resardins the Alcohol Mark-U�. Troy Hicks, owner of the Lantern Lounge, spoke in
opposition to the proposed alcohol mark-up increase. No action taken.
Bozied and McClemans arrived at 7:00 p.m. Roden left the meeting at 7:03 p.m.
Council Onen Discussion. Bozied requested that the Council consider setting policy requiring�etting
important policy information earlier than the usual agenda packet. No action was taken.
Adiournment. Motion was made by Munsterman, seconded by Bozied, to adjourn. All present voted
YES; motion carried. Meeting adjourned at 7:30 p.m.
CITY OF BROOKINGS
Mayor V' il H. Herriott
�,� '�:�°„
�f � t�
o= ���e
_ �r��
S " es, City Clerk