HomeMy WebLinkAboutCCMinutes_2015_08_11 344
Brookings City Council
August 11, 2015
The Brookings City Council held a meeting on Tuesday, August 11, 2015 at 6:00 p.m.,
at City Hall with the following members present: Mayor Tim Reed, Council Members
Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe, and Scott Meyer.
City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari
Thornes were also present.
Consent Aqenda. Items #9F, Discussion and possible action to waive roofing permit
fees due to recent storm, and #9G, Discussion and possible action to cancel the August
18th Study Session were added to the agenda. A motion was made by Council Member
Hansen, seconded by Council Member Corbett, to approve the Consent Agenda, as
amended. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
3.A. Action to approve the agenda, as amended.
3.B. Action to approve the July 28 City Council Minutes.
Introduction of Dr. Klint Willert, Brookinas School District Superintendent
Citv of Brookinqs receives Startup-in-a-Dav Grant from The White House The
Brookings Economic Development Corporation applied for and received a Startup-in-a-
Day Grant from The White House.
Resolution 15-085. A motion was made by Council Member Corbett, seconded by
Council Member Niemeyer, that Resolution 15-085, a Resolution awarding the contract
for the EdgeBrook Golf Course Drainage Improvement Project, be approved. Public
Comment was made by: Paul Moriarty, Doug Smith, and Greg Heiberger. The motion
failed by the following vote: Yes: 2 - Corbett, and Niemeyer; No: 5 - Reed, Hansen,
Thorpe, Meyer, and Bacon.
A motion was made by Council Member Hansen, seconded by Council Member Bacon,
to direct city staff to bring a list of different possibilities for improving drainage of the golf
course so council can provide direction before going out for bids. The motion carried by
the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and
� Bacon.
Resolution 15-084. A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, that Resolution 15-084, a Resolution awarding the contract for
a new 2015 Articulated 4-Wheel Drive Loader; Brookings Regional Airport AIP # 3-46-
0005-27-2015, be approved. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-084 - Resolution Awarding Bids on a New 2015 Articulated 4-Wheel
Drive Loader Brookings Regional Airport AIP # 3-46-0005-27-2015
Whereas, the City of Brookings opened bids for a new 2015 Articulated 4-Wheel Drive
Loader on Tuesday, August 4, 2015 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids for the new 2014
Articulated 4-Wheel Drive Loader: RDO Equipment Co. in the amount of$146,000.00;
and Butler Machinery Co. in the amount of$161,659.00.
Now Therefore, Be It Resolved that the tentative award be made to RDO, Inc. for the
total low base bid, trade in and alternate amount of$146,000.00, contingent upon FAA
and SDDOT approval and receipt of the FAA grant offer.
Resolution 15-086. A motion was made by Council Member Bacon, seconded by
Council Member Hansen, that Resolution 15-086, a Resolution authorizing the City
Manager to sign a Grant Agreement for a 2015 Articulated 4-Wheel Drive Loader,
Brookings Regional Airport A.I.P. #3-46-0005-27-2015, be approved. The motion
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carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Resolution 15-086 -A Resolution authorizing the City Manager to sign
a Grant Agreement for a 2015 Articulated 4-Wheel Drive Loader; Brookings Regional
Airport AIP #3-46-0005-27-2015
Whereas, the Brookings City Council desires funding for a 2015 Articulated 4-Wheel
Drive Loader and attachment for the Brookings Regional Airport for the Federal Aviation
Administration Grant AIP # 3-46-0005-27-2015; and
Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by
the Federal Aviation Administration for 90% and the SD Department of Transportation
for 5% of the allowable costs incurred in purchasing the loader and attachment; and
Whereas, the Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-27-2015 in accordance with the approved Grant
Agreement.
Now, Therefore, Be It Resolved, that the City Manager is hereby authorized to sign all
documents related to a Grant Agreement for the Federal Aviation Administration Grant
AIP Project No. 3-46-0005-27-2015, upon receipt of the grant offer.
Resolution 15-087. A motion was made by Council Member Meyer, seconded by
Council Member Hansen, that Resolution 15-087, a Resolution authorizing Change
Order No. 4 for 2014-02STI, Main Avenue South and 26th Street South Assessment
Project; Bowes Construction Inc., be approved. The motion carried by the following
vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-087 - Resolution Authorizing Change Order No. 4
for 2014-02ST1, Main Avenue South and 26th Street South Assessment Project;
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for
2014-02STI, Main Avenue South and 26th Street South Assessment Project:
Construction Change Order Number 4:
Schedule A & B: Adjust from plan quantities to as-constructed quantities for a total
increase of $93,653.89.
The total change order will be an increase of$93,653.89 to the contract.
Temqorarv Liquor Application. A public hearing was held on a temporary liquor
application for Jaystreet Pub for a wedding reception at the National Guard Armory on
October 10, 2015. A motion was made by Council Member Niemeyer, seconded by
Council Member Hansen, that the temporary liquor application be approved. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Ordinance 15-013. A public hearing was held on Ordinance 15-013, an Ordinance for
Residency Requirements for Board of Adjustment members. A motion was made by
Council Member Corbett, seconded by Council Member Niemeyer, to approve
Ordinance 15-013. The motion carried by the following vote: Yes: 7 - Reed, Corbett,
Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Ordinance 15-014. A public hearing was held on Ordinance 15-014, an Ordinance
establishing additional requirements for posting rezoning and conditional use signs. A
motion was made by Council Member Corbett, seconded by Council Member Hansen,
to approve Ordinance 15-014. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
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Ordinance 15-015. A pubiie hearing was heid on Ordinance 15-015, an Ordinance to
rezone a portion of the Christie Springs Addition from a Residence R-1 C District to a
Residence R-3 District and from a Residence R-1 C and R-3 District to a Business B-2
District. A motion was made by Council Member Hansen, seconded by Council Member
Corbett, to approve Ordinance 15-015. The motion carried by the following vote: Yes: 7
- Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Ordinance 15-016. A public hearing was held on Ordinance 15-016, an Ordinance for a
Conditional Use Permit on Lot 4, Block 1, Gilkerson Second Addition; 300 32nd Ave. A
motion was made by Council Member Hansen, seconded by Council Member
Niemeyer, to approve Ordinance 15-016. The motion carried by the following vote: Yes:
7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Leqal Services Aareement. A motion was made by Council Member Bacon, seconded
by Council Member Hansen, that a Legal Services Agreement between the City of
Brookings and Steven J. Britzman, Attorney at Law for a three-year contract
(01/01/2016 - 12/31/2018), be approved. The motion carried by the following vote: Yes:
7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Legal Services Agreement
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree
that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney
for a three (3) year period, commencing January 1, 2016 and ending December 31,
2018, and the City of Brookings and Steven J. Britzman desire to set forth the terms of
their Agreement concerning the provision of legal services by Steven J. Britzman as
City Attorney as follows:
1. Performance of Leaal Services
Steven J. Britzman will perForm all legal services as provided in the "Scope of Services
for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of
Services for City Attorney is attached hereto. Steven J. Britzman will perForm all legal
services which shall include representing the City in Magistrate Court in the
enforcement of City Ordinances.
2. Insurance Coveraqe
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount
of One (1) million dollars ($1,000,000) per claim and One (1) million dollars
($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be
responsible to pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest
are defined in great detail in the Rules of Professional Responsibility which govern
attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J.
Britzman will follow the Rules of Professional Responsibility, immediately disclose to the
City Council and City Manager any conflict or the appearance of a potential conflict, and
resolve the issue to the satisfaction of the City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2016 through December 31, 2016 of
Seven Thousand One Hundred Twenty-five and 34/100 ($7,125.34) Dollars, payable on
the last day of the month.
For the year beginning January 1, 2017 through December 31, 2017, Steven J.
Britzman shall be paid a monthly sum of Seven Thousand Four Hundred Ten and
35/100 ($7,410.35) Dollars, payable on the last day of the month.
For the year beginning January 1, 2018 through December 31, 2018, Steven J.
Britzman shall be paid a monthly sum of Seven Thousand Seven Hundred Six and
76/100 ($7,706.76) Dollars, payable on the last day of the month.
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The hourly rate for other legal services, including those set forth in Item 15 of the Scope
of Services is $175.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be perFormed as an independent
contractor and Steven J. Britzman shall therefore pay all payroll and business expenses
incurred in providing legal services to the City.
5. Expense Reimbursements Meetinqs and Conferences
In addition to the compensation for legal services during each year of this Agreement,
the City will provide Three Thousand Dollars ($3,500.00) per year for membership in the
International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and
for Conference registration, travel and lodging for the Annual Meeting of the
International Municipal Lawyers Association which includes approximately nineteen
hours of continuing legal education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required to
travel outside the City of Brookings to other meetings or to perform legal services,
provided such travel is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree that
it is appropriate for the City Attorney to be responsive to residents of the city, the media,
other municipal attorneys, the municipal league and other public officials where
communication or an appropriate measure of assistance is in the best interest of the City.
Dated this day of August, 2015.
STEVEN J. BRITZMAN, ATTORNEY AT LAW
Steven J. Britzman
Dated this 11th day of August, 2015.
CITY OF BROOKINGS, SOUTH DAKOTA
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS
THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES:
1. The City Attorney will attend all City Council meetings as the legal advisor for the
Brookings City Council, unless the absence is due to vacation or illness or the
subject matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions
and research as requested by the Brookings City Council and the City Manager.
3. Prdvide legal assistance to the City's Boards and Commissions, except the Utility
Board and Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by
the City in circumstances where the City is not represented by legat counsel
assigned by its insurance company. Legal representation in litigation must be
authorized in each instance by the City Council and compensation will be in addition
to the monthly compensation as provided in Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal
level.
7. Provide legal representation for the City before administrative bodies upon special
request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify a basis
for legal proceedings; serve as a liaison between outside legal counsel and City
Officials on specialized legal issues.
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10.Prepare a monthly written report of legal services performed which includes a
description of the service and the time required to perform the service.
11.Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review
labor contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and attend
continuing legal education to ensure the most efficient, cost-effective, and accurate
operation of the City Attorney's Office.
14. Review proposed state legislation affecting the City and prepare or supervise the
preparation of state legislation relating to municipal and city government matters as
directed by the City Council. Consult with City Council, the City Manager and
, department heads in regard to such legislation and testify before legislative boards
as requested.
15.The City Attorney's basic fee does not include the following services:
a. Litiqation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will
be compensated pursuant to the City Attorney's basic fee. Fees for services in a. and b.
above will be as negotiated and agreed upon by the parties.
Resolution 15-046. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, that Resolution 15-046, a Resolution authorizing the City
Manager to sign a Wetland Permanent Easement between the South Dakota
Department of Transportation and the City of Brookings, be approved. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Resolution 15-046 -A Resolution authorizing the City Manager to sign
a Wetland Permanent Easement befinreen the South Dakota Department of
Transportation and the City of Brookings, South Dakota
Whereas, the South Dakota Department of Transportation will permanently impact
approximately 0.168 acres of existing jurisdictional wetlands in connection with Project
Number IM 0295(35)127 PCN 022C which will require approximately 0.252 acres of
created or enhanced wetlands for wetland mitigation purposes; and
Whereas, the City of Brookings is agreeable to allowing the construction of wetlands for
Project Number IM 0295(35)127 PCN 022C on the parcel of land owned by the City of
Brookings which is located in the North '/2 of the Northeast '/4 of Section 11-T109-R50
West of the P.M.; and
Whereas, the State of South Dakota will construct and monitor the wetlands on the City
parcel associated with Project Number IM 0295(35)127 PCN 022C and will reimburse
the City in the sum of$5,175.00 for the Wetland Permanent Easement.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign the Wetland Permanent Easement, Plat, and Offer and Statement of
Compensation and other related documents for the wetland, between the South Dakota
Department of Transportation and the City of Brookings, South Dakota.
Revised Preliminarv Plat. A motion was made by Council Member Hansen, seconded
by Council Member Niemeyer, that the revised Preliminary Plat, Christie Springs
Addition, NW '/4 of Section 2-T109N-R50W, be approved. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
6t" Street Median Concept. Discussion was held on a 6th Street Median Concept
associated with the reconstruction of 6t" Street between Main Avenue and Medary
Avenue scheduled for 2019.
Background: The South Dakota Department of Transportation is proposing to
reconstruct 6th Street befinreen Main Avenue and Medary Avenue in 2019. SDDOT has
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two primary concerns in which the project is to address: improve the pavement
condition, and improve the safety of the roadway by reducing conflict points. SDDOT
provided the City of Brookings lane configuration layouts to review. The Brookings
Transportation Steering Committee reviewed the SDDOT proposals and recommended
concurrence with the SDDOT preferred proposal for a 5-lane design with 11' width
outside lane, with adjustments to move sidewalks closer to ROW line, incorporated
historic street lighting, alternative sidewalk design, preserving as much boulevard width
and as many trees as possible, incorporate reforestation plan, moving storm sewer
system and to consider 25 MPH speed limit (12-1-14). The City Council rejected the
recommendation of the Transportation Steering Committee on December 9, 2014.
Public Comment: Lawrence Novotny, Phyllis Cole-Dai, Pat Fishback, Sara Reed, David
Kneip, and Paul Moriarty.
A motion was made by Council Member Niemeyer, seconded by Council Member
Meyer, to support a letter to the SDDOT requesting them to consider a median on
Highway 14 between 9t" Ave. and 7th Ave. A friendly amendment was made by Council
Member Hansen, to clearly state in the letter for SDDOT to study the traffic patterns
around this area, with some focus on the stoplight at 7t"Ave.
A motion was made b�r Mayor Reed, seconded by Council Member Thorpe, to table this
item to the August 25t City Council Meeting. Motion carried by the following vote: Yes:
7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Budqet Workshoa Session #5. A motion was made by Mayor Reed, seconded by
Council Member Corbett, to increase the transfer by $55,250 from the Liquor Store
Enterprise Fund to the General Fund. Transfer expenses of website services $11,600
and TV services $43,650 from the 3rd B Fund to the General Fund. Use $25,000 of the
$55,250 to reinstate DBI funding for 2016. DBI will redevelop its mission and name to
focus on a vibrant downtown for the community. Reorganize board to fit the mission.
Work with the Business Owners, City Staff, Community and Council to successfully put
in place a Business Improvement District. A plan will be presented to the City Manager
by the end of first quarter 2016 (new mission, marketing plan, meeting with CM on
measurable/metrics). An amendment to the motion was made by Council Member
Thorpe, seconded by Council Member Meyer, to allow an appropriation to include the
creation of a city appointed Board of Directors. Motion carried by the following vote:
Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. On the main
motion, carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
A motion was made by Mayor Reed, seconded by Council Member Corbett, for the City
Manager to return to the City Council for approval of an additional staff member to
assist him. Motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Waive Buildinq Permit Fees. A motion was made by Council Member Corbett,
seconded by Mayor Reed, to waive any building permits issued by the city until
November 1St for any individuals needing building permits due to storm damage. Motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, ,
Meyer, and Bacon. '
Cancel Meetinq. A motion was made by Mayor Reed, seconded by Council Member
Corbett, to cancel the August 18th Study Session. Motion carried by the following vote:
Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Council Member Topic for Future Discussion. There was consensus for staff to look
at formalizing an EdgeBrook Golf Course Committee under the Park and Recreation
Board. The City Manager will develop a plan.
A motion was made by Council Member Bacon, seconded by Mayor Reed, for Council
Member Patty Bacon to present ideas regarding affordable housing at a future study
35 �
session. Motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Executive Session. A motion was made by Council Member Corbett, seconded by
Council Member Meyer, to enter into Executive Session at 9:22 p.m. for purposes of
consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters with the City Attorney, City
Manager and City Clerk present. The motion carried by a unanimous vote. A motion
was made by Council Member Corbett, seconded by Council Member Thorpe, to exit
Executive Session at 10:03 p.m. The motion carried by a unanimous vote.
Adiourn. A motion was made by Council Member Corbett, seconded by Council
Member Hansen, to adjourn the meeting at 10:05 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
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AT'�'�$T:� Tim Reed, Mayor
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ari Thornes, City Clerk