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Home My WebLink AboutCCMinutes_2001_11_26 429 Brookings City Council November 26, 2001 Minutes The Brookings City Council convened in regular session on Monday, November 26, 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, Keri Weems and Sam Artz. Council Member Mike McClemans was absent. City Manager Michael Williams and City Attorney Steve Britzman were also present. Consent Agenda. Weems arrived. Motion was made by Roden, seconded by Artz, to approve the consent agenda which included the November 13, 2001 meeting minutes; adoption of the agenda; action to approve bids to purchase three police vehicles from Einsphar for two Crown Victoria cars at $20,365 each and one Dodge Durango at $23,388, no other bids were received; action on Resolution 57-01, a resolution fixing time and place for hearing upon assessment roll for Sidewalk Assessment Project No. O1-OlSWR; and action on Resolution 58-01, a resolution authorizing final change order(CCO#1 Fina1) for 01-01SWR, Schedule A: Curb and Gutter and Sidewalk Repair Project (decrease in quantities). All present voted yes; motion carried. RESOLUTION NO. 57-01 RESOLUTION FIXING TIME AND PLACE FOR HEARING UPON ASSESSMENT ROLL FOR SIDEWALK ASSESSMENT PROJECT NO. O1-01SWR (2001 Sidewalk Repair Sites) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Sidewalk Assessment Project No. 00-01 SWR having been filed in the office of the City Manager on the 14�'day of November, 2001, the City Council shall meet in the Council Chambers, City Hall, in said City on Monday, the 10�'day of December, 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 Sidewalk Assessment Project No. O1-Ol SWR, 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 least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed 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 26�' day of November, 2001. RESOLUTION NO. 58-01 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL) FOR 01-01SWR, SCHEDULE A: (Curb and Gutter and Sidewalk Repair Project.) CLARK DREW CONSTRUCTION BE IT RESOLVED by the City Council that the following change order be allowed for O1- O1 SWR: Schedule A: Construction Change Order Number 1 Final Adjust estimated quantities as"as build" for a total decrease of$25,713.10. Increase contract time by 1 working day. Passed and approved this 26�'day of November 2001. Bozied arrived Resolution No. 51-01 - Street Assessment. A public hearing was held on Resolution No. 51-01,. levying assessment for Street Assessment Project No. Ol-02STA. All present were given an opportunity to be heard. Motion was made by Roden, seconded by Munsterman, to approve Resolution 51-01. All present voted yes; motion carried. RESOLUTION NO. 51-01 LEVYING ASSESSMENT FOR STREET ASSESSMENT PROJECT NO. OI-OZSTA. WHEREAS, the City Council has provided for the following work to be completed under Project No. Ol-02STA. (Alley from 6�' St. to 7�` St. between 11�'Ave. and 12�'Ave.) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made a11 investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the street improvement heretofore designated as Street Assessment Project No. 01-02STA is the amount stated in the proposed assessment roll. 2. The assessment for Street Assessment Project No. 01-02STA is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. The assessment shall be divided into five(5) equai annual installments for alleys. 430 4. Such assessments, unless paid within thirty(30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to 9-43-51, South Dakota Compiled Laws of 1967, as amended. 5. Interest of ten(10) percent per annum shall accrue on the unpaid balance of the assessment. Passed and approved this 26�' day of November, 2001. Resolution No. 60-01 —Bud$et Amendment. Motion was made by Artz, seconded by Herriott, to approve Resolution No. 60-01, a resolution amending the 2001 Budget and authorizing the use of Contingency. All present voted yes; motion carried. RESOLUTION NO. 60-01 A RESOLUTION AMENDING THE 2041 BUDGET WHEREAS, there is a need to amend budgeted expenditures; and WHEREAS, there maybe a need to expend funds from contingency to conduct an analysis of the DM&E Final EIS; and WHEREAS,there is a need to rescind a previous authorization for contingency use; and WHEREAS, there has been contingency and special assessments committed to fund change orders for the ice arena project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City Manager be authorized to make the following transfers: 1. From Non-departmental, Consulting/Engineering to Attorney, Lega1 Services $18,000 2. From Cantingency to Non-departmental, Consulting/Engineering $15,000 3. From Fire Capital to Contingency(reversing Resolution 38-01, authorizing the use of contingency for the VHF Digital Radio System) $ 4,600 4. From Special Assessments to the Ice Arena Capital $ 5,974 5. From Contingency to the Ice Arena Capital $12,541 Passed and approved this 26�'day of November 2001. Ordinance No. 16-01 —Alcohol Markua. Second reading was held on Qrdinance 16-01, an ordinance amending Section 5-8 and pertaining to markup percentages on sales of alcoholic beverages in the City of Brookings, South Dakota. A motion was made by Munsterman, seconded by Weems, to approve Ordinance 16-01. Munsterman and Weems voted yes;Bozied, Herriott, Artz and Roden voted no; motion failed. Change Order—Fishback Soccer Field. Motian was made by Artz, seconded by Bozied, to approve action on final change order for the Fishback Soccer Field grading project. Motion was made by Herriott, seconded by Artz, to amend the motion by deleting the $1,SOO liquidated damages charge. Herriott, Artz and Munsterman voted yes; Bozied, Weems, and Roden voted no; motion to amend failed. On the original motion; all voted no; except Roden; motion failed. Motion was made by Munsterman, seconded by Artz, to approve the change order for the pipe. All present voted yes; motion carried. Motion was made by Munsterman, seconded by Weems, to refer this item to a planning session to develop policy and parameters regarding liquidated damages and direct the city manager and staffto research the issue prior to that meeting. All present voted yes; except Artz, Herriott and Roden; motion failed. Motion was made by Artz to assess liquidated damages in the amount of$3000. Died for lack of a second. Motion was made by Munsterman, seconded by Weems, to defer action on this item until the next action meeting on December 10, 2001. All present voted yes; motion carried. DM&E Railroad Eguansion - Final EIS. The Council discussed hiring a consultant to assess the final recommended Environmental Impact Statement (EIS) currently pending approval from the Surface Transportation Board regarding the proposed DM&E railway expansion and discuss an in-town route mitigation plan. Motion was made by Herriott, seconded by Artz, to authorize the City Manager to negotiate an agreement with Mr. Bernard Morris as a consultant in reviewing the final EIS as it relates to Brookings. Motion was made by Weems, seconded by Bozied, to amend the motion requesting the City Manager provide Mr. Bernard Morris with pertinent information and seek an estimate of costs for reviewing the final EIS as it relates to Brookings. On the amendment; all present voted yes; except Artz and Herriott; motion carried. On the original motion as amended; all present voted yes; except Herriott and Artz, motion camed. Adjournment. Motion was made by Bozied, seconded by Weems, to adjourn. All present voted YES; motion carried. Meeting adjourned at 8:07 p.m. CITY OF BROOKINGS °�e T ��.o.,,,., c,r Mayor Virgil H. Herriott y�':• T$� �;b -,�� :o �/^ � �� s, City Clerk