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HomeMy WebLinkAboutCCMinutes_2002_05_13 475 Brookings City Council May 13, 2002 The Brookings City Council convened in regular session on Monday, May 13, 2002, at 1:30 p.m. at City Ha11 with the following members present: Mayor Virgil Herriott, Council Members Tom Bozied, Doris Roden, Scott Munsterman, Keri Weems, Mike McClemans and Sam Artz. City Manager Michael Williams and City Attorney Steve Britzman were also present. Consent Asenda. The Board of Health report was removed from the agenda. Resolution 25-02 was moved off the consent agenda. A motion was made Weems, seconded by Bozied, to approve the consent agenda which included the agenda as amended; approval of the April 22, 2002, April 30, 2002, and May 6, 2002 minutes; appointment of Tobias Uecker to Human Rights Committee(term expiring on May 1, 2003); action to approve Resolution No. 24-02 awarding bids on the 2002-06STI Street Maintenance and Overlay Project; action on a rental agreement with SDSU for the Stadium Field at the l�`National Bank Soccer Complex; and action on a request for an abatement received from the City of Brookings and Robert Fishback, for the W 1600' N1/2 NW '/a Sec. 1-109-50 and the W1600' S1/2 NW '/a Sec. 1-109-50, for a portion of the 2001 property taxes payable in 2002 in the amount of$534.38, All present voted yes; motion camed. RESOLUTION NO. 24-02 Resolution Awarding Bids On Project 2002-06STI Street Maintenance And Overlay Project WHEREAS, the City of Brookings has received the following bids for Project 2002-06STI Street Maintenance and Overlay Project. Schedule A The Road Guy $ 78,300 Schedule A Topkote $ 81,189 Schedule A Moorseal $ 86,505 Schedule A Sta-bilt $ 112,500 Schedule B Jamir Reclamation $ 34,125 Schedule C Bowes Construction, Inc. $ 6,210 Schedule D Halstead's Inc. $ 7,920 Schedule D Bowes Construction, Ine. $ 8,010 Schedule E Bowes Construction, Inc. $ 130,280 Schedule F Bowes Construction, Inc. $ 30,310 Schedule G Halstead's, Inc. $ 44,135 Schedule G Bowes Construction, Inc. $ 45,500 Schedule H Bowes Construction, Inc. $ 27,640 NOW THEREFORE, BE IT RESOLVED that the low bid of The Road Guy for Schedule A, Jamir Reclamation for Schedule B, Bowes Construction, Inc. for Schedules C, E, F and H and Halstead's Inc. for Schedules D and G, be accepted. Schedule H is subject to acceptance by the Brookings School District. Passed and approved this 13�'day of May 2002. Mavor's Awards for Historic Preservation. Mayor's Awazds were presented to Donna and John Ramsay for their work on Old City Ha11 at 310 4'� Street and to South Dakota State University for the Overall Restoration of the Coughlin Campanile. Ordinance No. 08-02—Conditional Use— 1106 Christine Avenue. A motion was made by Roden, seconded by Weems, to approve first reading of Ordinance No. 08-02, an application for a conditional use permit to establish a major home occupation(beauty shop) on Lot 26 and the north 20' of Lot 25, Block 1, Camelot Square Addition, also known as 1106 Christine Avenue. All present voted yes; motion camed. The public hearing is scheduled for May 20, 2002. Ordinance No. 10-02—Sales Tag. A motion was made by Munsterman, seconded by McClemans, to approve first reading of Ordinance No. I O-O2, an ordinance amending Section 2-59 of the Revised Ordinances of the City of Brookings, South Dakota and pertaining to the purposes for which sales t�on lodging, alcoholic beverages, prepared food and admissions may be used by the City of Brookings. All present voted yes; motion carried. Second reading is scheduled for May 20, 2002. Ordinance No. 09-02—Rezoning of Lot 9,Block 1,Pheasant's Nest. A motion was made by McClemans, seconded by Artz, to approve first reading of Ordinance 09-02, an ordinance to rezone Lot 9, Block 1, Pheasant Nest Addition from a Residence R-1B District to a Residence R-2 District. All present voted yes; motion carried. The public hearing is scheduled for May 20, 2002. 476 Resolution No. 25-02—2002-01SWR Sidewalk Reaair. A motion was made by McClemans, seconded by Weems, to approve Resolution No. 25-02 award bids on the 2002-01 SWR Sidewalk Repair Project. All present voted yes; except Bozied abstained; motion carried. RESOLUTION NO. 2�02 Resolution Awarding Bids On Project 2002-01SWR Curb & Gutter and Sidewalk Project WHEREAS, the City of Brookings has received the followin�bids for Project 2002-01 SWR Curb & Gutter and Sidewalk Project. Schedule A B &B Concrete, Inc. $ 54,765.00 Schedule A Clark Drew Construction $ 56,450.00 Schedule A 7ohns Construction $ 59,750.00 Schedule B B &B Concrete, Inc. $ 12,844.75 Schedule B Johns Construction $ 14,000.00 Schedule B Clark Drew Construction $ 14,459.50 Schedule C Carl Carlson Co. $ 51,792.25 Schedule C Johns Construction $ 52,142.00 Schedule C B &B Concrete, Inc. $ 58,546.75 Schedule C Clark Drew Construction $ 61,123.50 Schedule D B &B Concrete, Inc. $ 4,430.00 Schedule D Johns Construction $ 6,232.50 Schedule D Carl Carlson Co. $ 6,530.00 Schedule D Clark Drew Construction $ 6,905.00 NOW TI-�REFORE, BE IT RESOLVED that the low bid of B 8c B Concrete, Inc. for Schedule A, B, and D and Carl Cazlson Co. for Schedule C be accepted. Schedule D is subject to acceptance by the Brookings School District. Passed and approved this 13�'day of May 2002. Presentation of 2001 Annual Financial Report. City Manager wlliams reviewed the 2001 Annual Financial Reports with the City Council. No action was taken. Code of Ethics. A motion was made by Roden, seconded by Munsterman, to approve City Council Code of Ethics and the Volunteer Code of Ethics. All present voted yes; motion carried. Liquor Operatin�A�reements. Cubbv's. A motion was made by Weems, seconded by Munsterman, to approve Resolution 22-02 designating Cubby's with a Liquor Operating Agreement in accordance with their business plan completing their renovation within three months. All present voted yes; except Herriott; motion carried. RESOLUTION NO. 22-02 A Resolution Designating Operating Agreements WHEREAS, the City Council established criteria for the awarding of Liquor Operatin� Agreements, and, WHEREAS, the City Council has deternuned that a number of applicants were suitable persons to hold a license and that proposed locations a.re suitable, and WHEREAS, there is a limited number of a�reements available and the City Council may only issue two. . NOW, TI�RFORE BE IT RESOLVED that Cubby's is hereby designated as one of the two most qualified applicants, and upon meeting required application requirements, will be approved for an operating agreement. IT IS FURT'HER RESOLVED that the City Manager is directed to negotiate agreements requiring the applicants to demonstrate progress on the project leading to a completed project as provided by the applicant. Certain criteria demonstrating diligent pursuit of a completed project will be established, made part of the operating agreement and reported to the City Council. Passed and approved this 13�`day of May 2002. Apulebee's. A motion was made by Munsterman, seconded by Herriott, to approve Resolution 26-02 designating Applebee's in accordance with their business plan. A motion was made by McClemans, seconded by Artz, to amend the motion allowing Skinner's Pub to use the operating agreement to within 2 weeks prior to Applebee's opening. Artz, Bozied, Herriott and McClemans voted yes; Munsterman, 477 Roden, and Weems voted no. Motion carried to amend. On the original motion as amended; all present voted yes; except Bozied and Roden; motion carried. RESOLUTION NO. 26-02 A Resolution Designating Operating Agreements WHEREAS, the City Council established criteria for the awarding of Liquor Operating Agreements, and, WHEREAS, the City Council has determined that a number of applicants were suitable persons to hold a license and that proposed locations are suitable, and WHEREAS, there is a limited number of agreements available and the City Council may only issue two, and NOW, TI-�RFORE BE IT RESOLVED, that Applebee's is hereby designated as one of the two most qualified applicants, and upon meeting required application requirements, will be approved for an operating agreement, and IT IS FURTHER RESOLVED, that Skinner's Pub, upon meeting required application requirements, will be allowed to use the operating agreement to within 2 weeks prior to Applebee's opening, and IT IS FURTHER RESOLVED that the City Manager is directed to negotiate agreements requiring the applicants to demonstrate progress on the project leading to a completed project as provided by the applicant. Certain criteria demonstratin� diligent pursuit of a completed project will be established, made part of the operating agreement and reported to the City Council. Passed and approved this 13�' day of May 2002. Council Members Ouen Discussion. Council members requested the following issues to be discussed at future planning sessions: Review of the Liquor Operating Agreement Policy, Financial Management issue, Brookings Hospital Congregate Living services, and Brookings Hospital Dialysis Services. Council Member Artz will be absent on the May 28'�Council meeting. Eaecutive Session. Motion was made by Weems, seconded by Munsterman, to enter executive session at 3:25 p.m. for negotiation discussion regarding DM&E with the City Manager, City Attorney, City Clerk and Bill Nevin, Dept. of Transportation via telephone. All present voted yes; motion carried. Motion was made by Munsterman, seconded by Weems, to exit executive session at 4:32 p.m. All present voted yes; motion carried. Adjournment. Motion was made by Bozied, seconded by Munsterman, to adjourn. All members voted YES; motion carried. Meeting adjourned at 4:32 p.m. CITY OF BROOKINGS . ,� %�--~'`, /--- Virgil H rriott, Mayor -aQ' �°Y°FB T• 0o a+co9'°�ti,90 .�.t 4,:�c � �'��� ��� �Qso ' �' �G�Y hornes, City Clerk