HomeMy WebLinkAbout2010_07_13 CC PKTCity Council Packet
July 13, 2010
1
Brookings City Council
Tuesday, July 13, 2010
City Hall Council Chambers
311 Third Avenue
5:00 p.m. – Work Session
6:00 p.m. – Regular Meeting
Mission Statement:
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through
innovative thinking, strategic planning, and proactive, fiscally responsible municipal management.
5:00 P.M. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Presentation by Bond Counsel on Government Center Financing.
2. Review of all ordinances and other governance documents pertaining to the Brookings
Health System.
3. City Council Member Ex-Officio Reports.
4. City Council member introduction of topics for future discussion. *
5. Council Invites & Obligations.
*Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for
action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A
majority vote is required.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action to appoint City Council Members as Ex-Officio members to the Brookings
Municipal Utility Board and the Brookings Health System Board of Trustees.
D. Action on Termination of a Driveway Maintenance Agreement for Lot 3, Block 3,
First Addition, Brookings, SD (518 3rd Street).
E. Action on Resolution No. 67-10, a Resolution Authorizing the City Manager to Sign
a Grant Agreement for Regional Landfill Assistance Grant 2011G-RLA-202.
Motion to approve, request public comment, roll call
* Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time,
without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed
from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting
documentation.
Presentations, Special Requests/Invites & Reports
5. Open Forum.
City Council Packet
July 13, 2010
2
Contract Awards/Change Orders:
6. Action on Resolution No. 68-10, a Resolution Awarding Bids for 2010-04SSI Southland
Lane Landscaping Project.
Motion to Approve, Request Public Comment, Roll Call
7. Action on Resolution No. 69-10, a Resolution Awarding Bids for 2010-05SSI Southland
Lane Detention Pond Project.
Motion to Approve, Request Public Comment, Roll Call
Second Readings/Public Hearings
8. Ordinance No. 25-10: An Ordinance Amending Article V of Chapter 82 of the Code of
Ordinances of the City of Brookings and Pertaining to Prohibited Backing by Semi
Trucks with Trailers.
Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
9. Action on Resolution No. 70-10, concurring in the Placement of a Stop Sign on Moriarty
Drive at its intersection of 15th Street South.
Motion to Approve, Request Public Comment, Roll Call
10. Update and possible action on Main Avenue Rail Project options for Front Street.
Motion to Approve, Request Public Comment, Roll Call
11. Review and possible action on Report from the Joint Powers Board.
Motion to Approve, Request Public Comment, Roll Call
12. Executive Session for purposes of consulting with legal counsel about proposed or
pending contractual matters.
Motion to enter Executive Session, Voice Vote
Motion to leave Executive Session, Voice Vote
13. Adjournment.
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm.
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior
to the meeting.
City Council Packet
July 13, 2010
3
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Presentation by Bond Counsel on Government Center Financing.
As a means of financing our share of the Brookings City/County
Administration Building, our Financial Advisor, Toby Morris, recommended
we utilize Build America Bonds. This is financing available as part of the
federal stimulus package, which issues a rebate of 35% of the interest as a
means of writing-down the cost of the project. This method was most
recently used by Brookings Public Schools to finance the high school
remodeling. In addition, we qualify for a ―Recovery Zone‖ area, which
means we could get an additional 10% interest write-down.
This method would be an alternative to the traditional municipal tax
exempt issuance which conventionally finances government projects.
There has been some controversy with using this financing method as
larger cities have not maintained debt service capacity in the event the
interest rate write-down did not materialize after the governmental unit
committed to a repayment schedule that was dependent upon receiving the
write-down. In addition, the IRS has been withholding the write-down on
behalf of the federal government if they have a dispute with the
governmental unit over unrelated issues. Interestingly, this is the case
currently with any grant fund we receive. The City of Brookings has been
fortunate to receive many federal grants over the years. Such grants
typically come with the provision they can be withheld if we have an
unresolved dispute with the federal government over any other issue.
Still, it is good to have this discussion prior to arranging any financing. Toby
Morris and Todd Meierhenry, our bond counsel, will be at the work session
to more fully address these issues and answer your questions.
Estimated Time: 20 minutes
City Council Packet
July 13, 2010
4
STIMULUS BILL AUTHORIZED TAX CREDIT BONDS AND OTHER BONDS
Build America
Bonds (Direct
Payment)
Recovery Zone
Economic
Development
Bonds (Direct
Payment)
Recovery Zone Facility Bonds
Issuer State and local
government
State and local
government
State and local government
Qualified
Projects
Any governmental
purpose, only capital
expenditures, no
private activity
bonds
Qualified economic
development
purposes
promoting
development or
economic activity
recovery zone, no
private activity
bonds
Recover zone property = any
depreciable property in which:
property was constructed,
reconstructed, renovated or
acquired by the taxpayer after
the date the recovery zone was
designated
Issue Deadline Before January 1,
2011
Before January 1,
2011
Before January 1, 2011
Volume/Cap
Allocation
Unlimited $10 billion national
volume cap; state
allocations
pending; counties
and municipalities
with populations >
100,000 will
received allocations
in proportion to
their 2008 decline
in employment
$15 billion national volume cap;
state allocations pending;
counties with populations >
100,000 will receive allocations
in proportion to their 2008
decline in employment
Spend Down Same rules as
traditional tax-
exempt obligations
Same rules as
traditional tax-
exempt obligations
Same rules as traditional tax-
exempt obligations
Buy American
Provisions
No Only if a federal
grant is involved
Only if a federal grant is
involved
Issuance Costs
Limit
Yes – 2% of proceeds Yes – 2% of
proceeds
Yes – 2% of proceeds
City Council Packet
July 13, 2010
5
Tax Credit Refundable tax credit
given directly to the
issuer equal to 35%
of interest payable
on each interest
payment date
Refundable tax
credit given
directly to the
issuer equal to 45%
of interest payable
on each interest
payment date
N/A – tax-exempt private
activity bond
Tax Credit
Strippable
N/A N/A N/A
Federal Tax
Treatment of
Tax Credit
Interest includible in
gross income of
bondholder
Interest includible
in gross income of
bondholder
N/A – not a tax credit bond;
interest on obligations is tax-
exempt and not included in gross
income (so long as a “qualified
bond”
Additional
Requirements
Issuer must file Form
8038-CP with IRS at
least 45 days but not
more than 90 days
before each interest
payment date
Issuer must file
Form 8038-CP with
IRS at least 45 days
but not more than
90 days before each
interest payment
date
TEFRA hearing; and other
exempt facility private activity
bond requirements; special rules
apply
Davis / Bacon No Yes No
Refunding
Rules (i.e.,
using the
specified bond
for refunding
purposes)
Only temporary,
short-term
obligations issued
after 2/17/09 may be
refunded
Specific refunding
are not allowed
Unlimited current refundings
and advance refunding allowed
Reimbursement
Rules
Same rules as
traditional tax-
exempt obligations
Same rules as
traditional tax-
exempt obligations
Same rules as traditional tax-
exempt obligations
Maximum
Term
State law and federal
limits as to useful life
of projects
State law and
federal limits as to
useful life of
projects
State law and federal limits as to
useful life of projects
Bank Qualified N/A – Taxable N/A – Taxable N/A – private activity bond
Private Activity
Rules Apply
Yes Yes Qualified Private Activity bond
Arbitrage Rules
Apply to
Proceeds
Yes, yield reduced by
tax credit allowed
Yes, yield reduced
by tax credit
allowed
Yes
City Council Packet
July 13, 2010
14
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Review of all Ordinances and other governance documents
pertaining to the Brookings Health System.
To: Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: July 8, 2010
Re: Hospital Board Authority
This memo will address the following issue you raised in your email on March 17th. In
addition, I am providing a book with some historical documents and memos concerning
the Brookings Hospital which you can retain for reference.
What is the extent of the authority of the Hospital Board beyond their
basic operational management of the facility? What are the parameters,
either in state statute or our code, relative to items including but not
limited to issuing debt, capital purchase limits, selling assets, purchasing
property, etc?
Authority under State law
Two State statutes provide the specific powers authorizing a city to establish and
maintain a hospital:
34-9-1. City hospitals - City power to establish and maintain
hospital - Leases - Agreements with county.
Every city may:
(1) Establish, construct, purchase, and maintain hospitals and medical
clinics and regulate the same;
(2) Lease any hospital and medical facilities to persons and private or
public corporations, limited liability companies, associations, or other
organizations for the purpose of operation for a period, not to exceed
ninety-nine years, provided that in the opinion of the governing body the
needs of the municipality can best be served thereby;
(3) Receive and accept financial aid from counties for the erection and
construction of public hospitals upon such conditions as may be agreed
upon and to irrevocably obligate itself to repay such county for such aid
out of common revenue in the event the operation and maintenance of
the hospital is discontinued or abandoned for any cause by the city.
34-9-2. City hospitals - Types of institutions covered.
City Council Packet
July 13, 2010
15
In § 34-9-1, the term "hospital" may be construed to include a nursing
home or a home for the aged.
The chapter of State law which contains the foregoing State statutes contains no
provision or guideline pertaining to the creation of a Hospital Board. However, the
chapter of State law entitled ―County Hospitals‖ contains a statute that I would guess
was used to create our board of trustees. It provides:
34-8-7. County hospital - Board of trustees for management of hospital -
Terms of office of trustees - Removal of trustee.
To manage or assist them in the management of a county hospital, the
board of county commissioners may appoint a board of trustees
consisting of five competent and responsible freeholders of the county,
one of whom shall be a legally qualified physician or nurse, in which case
one member of said board shall be appointed for a term of one year, one
for a term of two years, one for a term of three years, one for a term of
four years, and one for a term of five years.
Their terms of office shall expire on the first Monday of July of the year
of expiration. Thereafter it shall be the duty of such board of county
commissioners annually at their regular meeting in July to appoint for a
term of five years a successor to the trustee whose term of office shall
expire during that year.
Any member of such board of trustees may be removed at any time by
the board of county commissioners.
Our City ordinance-- Article III of Chapter 42 provides the operational authority, but as
you know, does not contain any guidelines limiting decision making by the hospital board.
However, the City Charter at Section 6.01 is very significant and provides:
Section 6.01
b. Management and Control of Brookings Municipal Hospital. The
management and control of the Brookings Municipal Hospital is
vested in a Hospital Board as established by Chapter 18 of the Code
of Ordinances of the City of Brookings. The Hospital Board may take
any and all action it deems advisable in the furtherance of the hospital
or its related facilities under its control including the borrowing of
money, issuance of bonds and other forms of indebtedness.
As you can see, the Charter phrase ―…any and all action it deems advisable in the
furtherance of the hospital or its related facilities under its control including the
borrowing of money, issuance of bonds and other forms of indebtedness‖ must logically
have some constraints, but such constraints do not exist in our City ordinances or the
City Charter. The constraints or parameters of authority with respect to the items you
mention: ―debt, capital purchases, sale of assets, purchases of property‖ and perhaps a
City Council Packet
July 13, 2010
16
few more—construction of additional facilities which are related to health care in
varying degrees, but are not a ―municipal hospital‖ or ―nursing home‖, certainly exist
somewhere in State law. The constraints are not in the Chapter of law entitled Municipal
Hospitals. The constraints, in my opinion, are general municipal constraints, with perhaps
one or two exceptions.
Debt or the borrowing by the Hospital Board would be limited by the municipal debt
limits, but City ordinance and the City Charter do not establish limits on borrowing by
the Hospital Board. However, State law contemplates that the governing body—the City
Council--must approve municipal debt. Even though the City Charter states the
Hospital Board has the authority to borrow money and issue bonds, I don’t believe the
State law permits the City Council to delegate the authority to approve municipal debt.
For example, since the City would be the borrower concerning Municipal Utilities debt,
the City Council approves the debt of the utilities board under the same theory.
Capital purchases (excluding land) by the Hospital Board are authorized under 6.01 (b)
of the City Charter, but the Hospital Board would be required to comply with all
municipal budgeting and bid laws, surplus property laws, and conflict of interest laws.
There does not appear to be any specific guidance in State law concerning what items
can be purchased. The City Charter authorizes the Board to make those decisions and I
believe the Hospital Board can independently approve those purchases provided the
Hospital Board complies with the general municipal procedural statutes.
The next item you mention is ―sale of assets‖. The Hospital Board would be required to
comply with the surplus property laws with respect to sale of personal property.
Personal property could be conveyed without City Council approval. The sale of real
property by a municipality would require approval of the City Council because the deed
of conveyance must be signed by the Mayor, who could not sign without authorization of
the governing body.
Concerning purchasing real property or constructing facilities, we know the Hospital
Board has independently decided to build on its ―campus‖ assisted living/congregate
housing without approval of the City Council. Such a decision was likely based upon the
above-mentioned City Charter provision and the general authority inferred from City
ordinance Section 42-72, which provides:
The purpose of the Brookings Hospital and Brookview Manor is:
(1) To provide health care services to inpatients and outpatients in need of hospital
based services.
(2) To maintain a long-term nursing care facility which will provide necessary
services for the elderly, chronically ill or disabled persons for which it is
equipped.
(3) To provide quality health care and supportive services to all persons within the
capabilities of the facility, without regard to sex, race, creed, religious preference,
ethnic background, age or economic status.
City Council Packet
July 13, 2010
17
If debt were required for such a project, I believe the governing body would need to
approve the debt. Similarly, I believe the City Council must approve the acquisition of
real property, but all we have for statutory guidance is the following:
9-12-1. General corporate powers.
Every municipality shall have power:
(2) To acquire by lease, purchase, gift, condemnation, or other lawful means and
hold in its corporate name or use and control as provided by law both real
and personal property and easements and rights of way within or without the
corporate limits for all purposes authorized by law or necessary to the
exercise of any power granted;
Summary
As is evident, there is a lack of a City ordinance which establishes parameters and no
specific guidance from State law. The most recent example where the authority was
questioned concerned the issue whether congregate housing could be constructed by
the Brookings Hospital under State law authority—in short—whether there was a
sufficient health care purpose for the construction of congregate housing. That issue was
not raised by the Council as a whole but by a Council member. That issue did not result
in a testing of the authority of each body, but it could have if the majorities of each body
disagreed as to whether congregate housing was authorized as a health care facility
within the power of a municipality to provide.
Moreover, the City ordinances certainly do not outline any limitations of authority and
the City Charter at Section 6.01 (b) clearly declares the broad authorization delegated
to the Hospital Board. State law does not provide any guidance as to which body—the
Hospital Board or City Council is authorized to make these decisions, except in the
general areas I have mentioned above. Certainly we are free to determine these
matters, provided the City Charter is amended to address any changes to the broad
powers contained in the Charter.
Estimated Time: 20 minutes
City Council Packet
July 13, 2010
18
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. City Council Member Ex-Officio Reports.
Pursuant to council direction, ―City Council Member Ex-Officio Reports‖
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board and Utility Board will provide verbal reports regarding recent
meetings they have attended.
Utility Board: Council Members Bezdichek and Kubal
Health Systems Board: Council Member Thorpe
City Council Packet
July 13, 2010
19
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council member introduction of topics for future
discussion.
Any Council member may request discussion of any issue at a future
meeting only. Items cannot be added for action at this meeting. A motion
and second is required starting the issue, requested outcome, and time. A
majority vote is required.
City Council Packet
July 13, 2010
20
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. Council Invites & Obligations.
Date
Day
Event &
Brief Description
Time
Location
Town
Address
Directions
July 27 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 17 Tuesday Special Meeting 5:00 pm Council Chambers
August 18 Wednesday SDML Public Works SDML Building, Fort Pierre
August 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
Sept. 23-25 Thursday –
Saturday
NLC 18th Annual Leadership
Summit ―Leading the Charge
in Local Government‖
Philadelphia, Pennsylvania
September 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
Nov. 29 –
Dec. 4
Monday –
Saturday NLC-Congress of Cities
Denver, CO
December 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
City Council Packet
July 13, 2010
21
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Approval of minutes.
C. Action to appoint City Council Members as Ex-Officio members to the Brookings
Municipal Utility Board and the Brookings Health System Board of Trustees.
D. Action on Termination of a Driveway Maintenance Agreement for Lot 3, Block 3,
First Addition, Brookings, SD (518 3rd Street).
E. Action on Resolution No. 67-10, a Resolution Authorizing the City Manager to Sign
a Grant Agreement for Regional Landfill Assistance Grant 2011G-RLA-202.
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports
5. Open Forum.
Contract Awards/Change Orders:
6. Action on Resolution No. 68-10, a Resolution Awarding Bids for 2010-04SSI Southland
Lane Landscaping Project.
Motion to Approve, Request Public Comment, Roll Call
7. Action on Resolution No. 69-10, a Resolution Awarding Bids for 2010-05SSI Southland
Lane Detention Pond Project.
Motion to Approve, Request Public Comment, Roll Call
Second Readings/Public Hearings
8. Ordinance No. 25-10: An Ordinance Amending Article V of Chapter 82 of the Code of
Ordinances of the City of Brookings and Pertaining to Prohibited Backing by Semi
Trucks with Trailers.
Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
9. Action to approve Resolution No. 70-10, concurring in the Placement of a Stop Sign on
Moriarty Drive at its intersection of 15th Street South.
Motion to Approve, Request Public Comment, Roll Call
10. Update and possible action on Main Avenue Rail Project options for Front Street.
Motion to Approve, Request Public Comment, Roll Call
11. Review and possible action on Report from the Joint Powers Board.
Motion to Approve, Request Public Comment, Roll Call
12. Executive Session for purposes of consulting with legal counsel about proposed or
pending contractual matters.
Motion to enter Executive Session, Voice Vote
Motion to leave Executive Session, Voice Vote
13. Adjournment.
City Council Packet
July 13, 2010
22
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action to appoint City Council Members as Ex-Officio
members to the Brookings Municipal Utility Board and the
Brookings Health System Board of Trustees.
D. Action on Termination of a Driveway Maintenance Agreement
for Lot 3, Block 3, First Addition, Brookings, SD (518 3rd
Street).
E. Action on Resolution No. 67-10, a Resolution Authorizing the
City Manager to Sign a Grant Agreement for Regional Landfill
Assistance Grant 2011G-RLA-202.
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at
one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given
item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the
Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms
and conditions described in the agenda supporting documentation.
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
July 13, 2010
23
CONSENT AGENDA #4
B. Approval of City Council Meeting minutes.
The draft June 22nd and June 28th Brookings City Council minutes are
enclosed for Council review and approval.
City Council Packet
July 13, 2010
24
Brookings City Council
June 22, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, June 22, 2010 at 5:30 p.m., at City Hall
with the following members present: Council Members Keith Corbett, John Kubal, Mike
McClemans, Mike Bartley and Jael Thorpe. Mayor Tim Reed and Council Member Tom
Bezdichek were absent. City Manager Jeff Weldon, City Attorney Steve Britzman and Deputy
City Clerk Bonnie Foster were also present. Deputy Mayor Bartley presided over the meeting.
Policy Discussion - Council Member Presentations and Handouts. Britzman reviewed
a new State Law that now requires printed material related to an agenda item be distributed
before the meeting to all members of the governing body and the material should be posted on
the website and/or made available at City Hall at least 24 hours prior to the meeting or at the
time the material is distributed to the Council.
Ex-Officio Reports. Kubal requested quarterly updates from the Brookings Municipal
Utilities. Bartley suggested ex-officio members request updates on specific topics rather than a
standing quarterly schedule.
City Council Member Introduction of Topics for Future Discussion. McClemans
requested a special meeting for policy review. Weldon noted that the Council had recently
given him direction on this issue and staff was preparing materials for Council review. Britzman
clarified that policies are equivalent to ordinances and resolutions. Rather than multiple work
sessions, there was general consensus to hold one half-day special session from 1:00 to 5:00
p.m. to review past policies.
6:00 P.M. REGULAR MEETING.
Consent Agenda. Consent Agenda #E, Resolution No. 66-10, was added to the agenda, and
Agenda Item #15, Construction Delivery Method for the Joint City/County Intergovernmental
Project, was removed from the agenda. A motion was made by Corbett, seconded by Bartley,
to approve the consent agenda, with changes noted above, as follows:
A. Action to approve the agenda.
B. Approval of the June 8th Council Meeting minutes.
C. Action on Resolution No. 64-10, awarding bid for EdgeBrook Golf Course
Irrigation Upgrade Project.
Resolution No. 64-10
Resolution awarding bid for EdgeBrook Golf Course Irrigation Upgrades
Whereas, the City of Brookings opened bids for EdgeBrook Gold Course Irrigation
Upgrades on Tuesday, June 15, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the EdgeBrook
Irrigation
Project: LUMP SUM BID American Underground Sprinklers, Inc., Dell Rapids, SD
$120,000.00; LUMP SUM BID Duinick, Inc. of Prinsburg, MN $269,400.00
City Council Packet
July 13, 2010
25
Now Therefore, Be It Resolved that the low bid of $120,000.00 from American
Underground Sprinkler, Inc. of Dell Rapids, SD be accepted.
D. Action on Revised Resolution No. 63-10, a Resolution Awarding Bids for the
Airport Wildlife Fence Project, A.I.P. #3-46-0005-023-2010.
Resolution No. 63-10
Resolution Awarding Bids on Airport Wildlife Fence Project
Brookings Regional Airport; AIP# 3-46-0005-023-2010
Whereas, the City of Brookings held a bid letting on June 8, 2010; and
Whereas, the City of Brookings received the following bids for the Airport Wildlife
Fence Project AIP # 3-46-0005-023-2010: 1) Shaun Jensen Construction, Inc.,
Brookings, SD $248,587.96, 2) American Fence Company, Inc., Sioux Falls, SD
$289,435.96, 3) Michaels Fence and Supply, Sioux Falls, SD $310,912.68, 4) Custom
Fence Company, Logan, UT $338,934.05
Whereas, the low bid of Shaun Jensen Construction, Inc., Brookings, SD in the amount
of $248,587.96 did not meet the intent of the project specifications with regards to the
―Minority Business Enterprise Provisions‖ and did not include ―Good Faith Effort‖
documentation.
Now Therefore, Be It Resolved to make the tentative award of AIP Project #3-46-0005-
023-2010 for the Airport Wildlife Fence Project to American Fence Company, Inc.,
Sioux Falls, SD in the amount of $289,435.96 pending receipt of Federal Aviation
Administration grant offer.
Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all
documents related to a Grant Agreement for the Federal Aviation Administration Grant
AIP Project No. 3-46-0005-23-2010, upon receipt of the grant offer.
E. ADDITION: Action on Resolution No. 66-10, awarding bids for Project
Number PH 3245 (03) PCN 00YA, Orchard Drive and 22nd Avenue South
Signal Project.
Resolution No. 66–10
Resolution Awarding Bids for Project Number PH 3245(03) PCN 00YA
Orchard Drive and 22nd Avenue South Signal Project
Whereas, the South Dakota Department of Transportation opened bids for Project PH
3245(03) PCN 00YA, Orchard Drive and 22nd Avenue Signal Project, on Wednesday,
June 16, 2010; and
Whereas, the South Dakota Department of Transportation has received the following
bids for Project PH 3245(03) PCN 00YA, Orchard Drive and 22nd Avenue Signal Project:
1) Muth Electric, Inc. $72,865.30, 2) Action Systems, Inc., dba Action Electric, $85,213.35, 3)
Strata Corporation $114,339.30
City Council Packet
July 13, 2010
26
Now Therefore, Be It Resolved that the low bid of $72,865.30 for Muth Electric, Inc. be
accepted.
On the motion, all present voted yes; motion carried.
First Reading–Ordinance No. 25-10. First reading was held on Ordinance No. 25-
10, an Ordinance Amending Article V of Chapter 82 of the Code of Ordinances of the
city of Brookings and pertaining to Prohibited Backing by Semi Trucks with Trailers.
Public Hearing: July 13, 2010
Temporary On-Sale Malt & Wine License – June 26. A public hearing was held on a
Special Temporary On-Sale Malt and Wine License for Downtown Brookings Inc. for an event
downtown on June 26th. No public comments were made. A motion was made by Kubal,
seconded by McClemans, to approve the temporary license. All present voted yes; motion
carried.
Temporary On-Sale Wine License – July 10-11. A public hearing was held on a Special
Temporary On-Sale Wine License for the SD Winegrowers Association on July 10 & 11 in the
parking lot of 302 6th Street West. No public comments were made. A motion was made by
Corbett, seconded by Kubal, to approve the temporary license. All present voted yes; motion
carried.
Temporary Off-Sale SD Farm Wine License – July 10-11. A public hearing was held on
a Special Temporary Off-Sale SD Farm Wine License for the SD Winegrowers Association on
July 10 & 11 in the parking lot of 302 6th Street West. No public comments were made. A
motion was made by Kubal, seconded by Thorpe, to approve. No public comment was made.
All present voted yes; motion carried.
Temporary On-Sale Malt & Wine License – July 16. A public hearing was held on a
Special Temporary On-Sale Malt and Wine License for Ray’s Corner for the ―South Dakota
Honor Flight‖ fundraiser event downtown on July 16. Public Hearing: Bob Hill, Disabled American
Veterans Chapter #22 Commander spoke in favor of the event. A motion was made by Corbett,
seconded by McClemans, to approve the temporary license. All present voted yes; motion
carried.
Temporary On-Sale Malt & Wine License – July 31. A public hearing was held on a
Special Temporary On-Sale Malt and Wine License for Downtown Brookings Inc. ―Taste of
Brookings‖ event downtown on July 31. No public comments were made. A motion was made
by Thorpe, seconded by Kubal, to approve the temporary license. All present voted yes;
motion carried.
On/Off Malt License Renewal – Sundried Tomato. A public hearing was held to approve
a On/Off Malt License Renewal for Sundried Tomato, 417 Main Avenue, Zach Halstead, owner.
No public comments were made. A motion was made by McClemans, seconded by Kubal, to
approve. All present voted yes; motion carried.
City Council Packet
July 13, 2010
27
Resolution No. 65-10. A public hearing was held on Resolution No. 65-10, a Resolution
Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the
expense of abutting property owners, 2010-01SWR Sidewalk Repair Project. No public
comments were made. A motion was made by Kubal, seconded by Thorpe, to approve
Resolution No. 65-10. All present voted yes; motion carried.
Resolution No. 65-10
Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of
Brookings at the Expense of Abutting Property Owners
2010-01SWR Sidewalk Repair Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is 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 2010-01SWR Sidewalk Repair 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.
Adjourn. A motion was made by McClemans, seconded by Kubal, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 6:21 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
28
Brookings City Council
June 28, 2010
(unapproved)
The Brookings City Council held a special meeting on Monday, June 28, 2010 at 11:00 a.m., at
City Hall with the following members present: Mayor Tim Reed, Council Members Keith
Corbett, John Kubal, Mike Bartley, Mike McClemans, and Tom Bezdichek. Jael Thorpe was
absent. City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes
were also present.
Discussion and possible action on the construction delivery method for the Joint City/County
Intergovernmental Project.
ACTION: A motion was made by Kubal, seconded by Bartley, to approve the Bossardt
Contract because it is in the public interest to utilize the services of a construction-manager-
agent, whose services would not unreasonably duplicate and would be in addition to the normal
scope of services provided by Cannon Moss Brygger & Associates, the architects retained for
the Brookings City/County Administration Building project, and consistent with the
recommendation of the Joint Powers Board, and with the decision of the Brookings County
Commission, the City of Brookings hereby retains Bossardt Corporation under a Construction
Management-agency contract as proposed, with the exception of the modifications to cap
certain expenses by previous action of the City Council. On the motion, Bartley, Kubal and
Reed voted yes; McClemans, Corbett and Bezdichek voted no; MOTION FAILED.
RECONSIDERATION: A motion was made by Bartley, seconded by Reed, to reconsider the
previous motion. Bartley, Kubal, Reed and Bezdichek voted yes; Corbett, McClemans voted
no; MOTION PASSED.
PREVIOUS MOTION ON FLOOR: A motion was made by Kubal, seconded by Bartley, to
approve the Bossardt Contract because it is in the public interest to utilize the services of a
construction-manager-agent, whose services would not unreasonably duplicate and would be in
addition to the normal scope of services provided by Cannon Moss Brygger & Associates, the
architects retained for the Brookings City/County Administration Building project, and
consistent with the recommendation of the Joint Powers Board, and with the decision of the
Brookings County Commission, the City of Brookings hereby retains Bossardt Corporation
under a Construction Management-agency contract as proposed, with the exception of the
modifications to cap certain expenses by previous action of the City Council.
On the reconsidered motion, Bartley, Kubal and Reed voted yes; McClemans, Corbett and
Bezdichek voted no; MOTION FAILED.
ADJOURN. A motion was made by Reed, seconded by Corbett, to adjourn. Reed and
Corbett withdrew motion to adjourn.
ACTION: A motion was made by Reed, seconded by Bartley, to ask the joint powers board to
take a look at a construction management agency considering a regional in-state firm. On the
City Council Packet
July 13, 2010
29
motion, Bartley, Kubal and Reed voted yes; McClemans, Corbett and Bezdichek voted no;
MOTION FAILED.
ACTION: A motion was made by Kubal, seconded by Corbett, to proceed with the Design
Bid Build method with a project coordinator who has some powers that we will define so we
(the Council) indeed have eyes and ears on the project. On the motion, Kubal, Reed,
McClemans, Corbett and Bezdichek voted yes; Bartley voted no; MOTION CARRIED.
Adjourn. A motion was made by McClemans, seconded by Bezdichek, to adjourn. All present
voted yes; except Bartley voted no, motion carried. Meeting adjourned at 12:03 p.m.
City of Brookings
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
30
CONSENT AGENDA #4
C. Action to appoint City Council Members as Ex-Officio Members
to the Brookings Municipal Utility Board and the Brookings
Health System Board of Trustees.
Mayor Reed is appointing the following City Council Members as ex-officio
members to the following boards effective immediately:
Brookings Municipal Utility Board:
1. Tom Bezdichek
2. Keith Corbett
Brookings Health Systems Board:
1. Mike McClemans
2. John Kubal
City Council Packet
July 13, 2010
31
CONSENT AGENDA #4
D. Action on Termination of a Driveway Maintenance Agreement
for Lot 3, Block 3, First Addition, Brookings, SD (518 3rd Street).
The purpose of this document is to eliminate this Driveway Maintenance
Agreement from future mention in title work which may be done. Since
the Driveway Maintenance Agreement is irrelevant, it should be disposed of
by the owners of the property. If a document is mentioned in the title
record, such as this Driveway Maintenance Agreement, then title insurance
has to pick it up in title documents, and someone will have to read the
document every time title work is done.
City Council Packet
July 13, 2010
32
Prepared by:
STEVEN J. BRITZMAN
Attorney at Law
521 Sixth Street, Suite 104
Brookings, South Dakota 57006
(605) 697-9058
TERMINATION OF DRIVEWAY MAINTENANCE AGREEMENT
This Termination of Driveway Maintenance Agreement ("Termination") is made effective
the 13th day of July, 2010, by and between the City of Brookings, South Dakota, a Municipal
Corporation, with an address of P.O. Box 270, Brookings, South Dakota 57006, and Brookings
County, South Dakota, with an address of 314 – 6th Avenue, Suite 2, Brookings, South Dakota
57006, (collectively "the Owners" and ―the parties‖).
RECITALS:
A. The Owners are the owners of the following described real property in
Brookings County, South Dakota:
Lot Three (3) in Block Three (3) of First Addition to the City of Brookings, County
of Brookings, State of South Dakota.
B. The above-described property is subject to a Driveway Maintenance Agreement
dated the 12th day of April, 2002.
C. The Owners have determined that the Driveway Maintenance Agreement is
unnecessary and it is in their mutual best interests to terminate the Driveway Maintenance
Agreement;
NOW, THEREFORE, the parties agree as follows:
1. Incorporation of Recitals. The above recitals are substantive and are
incorporated in this Termination as if fully set forth in this paragraph.
2. Termination. The Driveway Maintenance Agreement dated April 12, 2002, filed
April 15, 2002, and recorded at 2:10 o’clock p.m. in Book 162 of Misc., at pages 642-645
thereof, in the office of the Brookings County Register of Deeds, is hereby terminated.
3. Binding Effect. This Termination shall inure to the benefit of and shall be
binding upon the parties and their respective successors and assigns.
CITY OF BROOKINGS, SOUTH DAKOTA
(SEAL)
By:
Jeff Weldon, City Manager
ATTEST:
City Council Packet
July 13, 2010
33
Shari Thornes, City Clerk
COUNTY OF BROOKINGS, SOUTH DAKOTA
By:
Dennis Falken, Its: Chairperson
STATE OF SOUTH DAKOTA )
)
County of Brookings )
On this the ____ day of July, 2010, before me, Steven J. Britzman, the undersigned officer,
personally appeared Jeff Weldon, City Manager, and Shari Thornes, City Clerk of Brookings, South
Dakota, a South Dakota Municipal Corporation, known to me or satisfactorily proven to be the
persons whose names are subscribed to the within instrument and acknowledged that they executed
the within and foregoing instrument on behalf of the City of Brookings, South Dakota, as the free act
and deed of the City of Brookings, South Dakota.
In witness whereof, I hereunto set my hand and official seal.
___________________________________
Notary Public, State of South Dakota
My Commission expires March 24, 2011.
STATE OF SOUTH DAKOTA )
)
County of Brookings )
On this the ____ day of July, 2010, before me, Steven J. Britzman, the undersigned officer,
personally appeared Dennis Falken, the Chairperson of the County of Brookings, South Dakota, known
to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and
acknowledged that he executed the within and foregoing instrument on behalf of the County of
Brookings, South Dakota, as the free act and deed of the County of Brookings, South Dakota.
In witness whereof, I hereunto set my hand and official seal.
___________________________________
Notary Public, State of South Dakota
My Commission expires March 24, 2011.
City Council Packet
July 13, 2010
34
CONSENT AGENDA #4
E. Action on Resolution No. 67-10, a Resolution Authorizing the
City Manager to Sign a Grant Agreement for Regional Landfill
Assistance Grant 2011G-RLA-202.
Action approving Resolution No. 67-10 will authorize the city manager to
sign a grant agreement and any other documents necessary to accept a
$300,000 grant for the Landfill Trench 4 East Project.
The City Council approved Resolution No. 37-10 authorizing the City
Manager to sign the Grant Application on March 23, 2010. The application
was submitted to the South Dakota Department of Environment and
Natural Resources for the Solid Waste Management Program. The money
for this grant comes from the Legislature; a $1/ton fee each landfill charges
and the vehicle tire fee paid when vehicle licenses are renewed. The
combination of funds can be used in three solid waste management areas:
recycling activities, disposal activities, and regional landfill assistance. The
funds can be distributed either as loans or grants, or a combination of loans
and grants. This Grant comes from the Regional Landfill Assistance
Program.
The entire Landfill Trench 4 East Project, including engineering and third
party inspection costs, cost $1,250,637.00. Therefore, the grant covers
approximately 24% of the project. The balance of the project costs comes
from the Solid Waste Fund. Money is set aside every year for these landfill
expansions.
The project is currently under way. However, construction has been
slowed due to the recent rains. The project is expected to be completed
in early September.
City Council Packet
July 13, 2010
35
Resolution No. 67-10
A Resolution Authorizing the City Manager to Sign a Grant Agreement for
Regional Landfill Assistance Grant 2011G-RLA-202
Whereas, the Brookings City Council desires funding for Landfill Trench 4 East at the
Brookings Regional Landfill from the Regional Landfill Assistance Grant (2011G-RLA-202); and
Now, Therefore, Be It Resolved, that the City Manager is hereby authorized to sign the funding
agreement and all other documents, including payment requests, related to a Grant Agreement
from the Regional Landfill Assistance Grant (2011G-RLA-202).
Passed and approved this 13th day of July 2010.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
36
Presentations/Reports/Special Requests
5. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
At this time, any member of the public may request time on the agenda for
an item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this
time.
City Council Packet
July 13, 2010
37
Contract Awards/Change Orders
6. Action on Resolution No. 68-10, a Resolution Awarding Bids for
2010-04SSI Southland Lane Landscaping Project.
The Southland Lane Landscaping Project is Project No. 1 of the Drainage
Improvement Projects identified in the Storm Drainage Master Plan and the
project was designed by Short, Elliot & Hendrickson, Inc. (S.E.H.) along with
Confluence for the landscaping component. The project is located on the
northeast corner of Southland Lane and 12th Street South; east of the Boys
and Girls Club. The project will entail finish grading, native and shoreline
seeding, erosion control blanket, native plugs, ornamental and canopy trees
and perennials for the detention pond site. The specifications require the
contractor to supply the perennials and plugs for the pond and rain garden,
and these items will be installed by volunteer forces that are coordinated
with the City. The landscaping work was bid at this time to provide a
budget and coordination with the detention pond contractor and the
landscaping work is scheduled to be completed between April 1, 2010 and
June 1, 2011.
The City held a bid letting at 1:30 PM on Tuesday, July 6, 2010 at City Hal l
and the following bids were received:
Groundwater, Inc., Sioux Falls, SD $28,769.50
Austreim Landscaping, Brookings, SD $34,097.50
Splitrock Landscaping & Nursery, Brandon, SD $46,165.00
Area Inc., Lake Norden, SD $66,590.78
The low bid of $28,769.50 was approximately 35% lower than S.E.H. and
Confluence’s engineer’s estimate of $44,862.50. The Disadvantaged
Business Enterprise submittals and bid documents for Groundwater Inc. will
be submitted to the South Dakota Department of Natural Resources for
their approval prior to the City Council meeting. Recommend awarding
the contract of the low bid of $28,769.50 to Groundwater, Inc. of Sioux
Falls.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
July 13, 2010
38
Resolution No. 68-10
Resolution Awarding Bids for 2010-04SSI Southland Lane Landscaping Project
Whereas, the City of Brookings opened bids for 2010-04SSI Southland Lane Landscaping
Project on Tuesday, July 6, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2010-04SSI Southland Lane
Landscaping Project:
Groundwater, Inc., Sioux Falls, SD $28,769.50
Austreim Landscaping, Brookings, SD $34,097.50
Splitrock Landscaping & Nursery, Brandon, SD $46,165.00
Area Inc., Lake Norden, SD $66,590.78
Now Therefore, Be It Resolved that the low bid of Groundwater, Inc., Sioux Falls, SD, for the
bid of $28,769.50 be accepted.
Passed and approved this 13th day of July 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
39
Contract Awards/Change Orders
7. Action on Resolution No. 69-10, a Resolution Awarding Bids for
2010-05SSI Southland Lane Detention Pond Project.
The Southland Lane Detention Pond Project is Project No. 1 of the
Drainage Improvement Projects identified in the Storm Drainage Master
Plan and the project was designed by Short, Elliot & Hendrickson (S.E.H.)
along with Confluence for the landscaping component. The project is
located on the northeast corner of Southland Lane and 12 th Street South;
east of the Boys and Girls Club. The project will entail grading a two-stage
detention pond project with sidewalk, storm sewer pipe, drainage
structures and erosion control. The detention pond project is scheduled
to be completed by October 1, 2010.
The City held a bid letting at 1:30 PM on Tuesday, July 6, 2010 at City Hall
and the following bids were received:
Rounds Construction Company, Inc., Brookings, SD $328,481.85
Bowes Construction, Inc., Brookings, SD $356,688.16
The low bid of $328,481.85 was approximately 0.3% lower than S.E.H. and
Confluence’s engineer’s estimate of $329,529.12. The Disadvantaged
Business Enterprise submittals and bid documents for Rounds Construction
Company, Inc., will be submitted to the South Dakota Department of
Natural Resources for their approval prior to the City Council meeting.
Recommend awarding the contract of the low bid of $328,481.85 to
Rounds Construction Company, Inc., of Brookings, SD.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
July 13, 2010
40
Resolution No. 69-10
Resolution Awarding Bids for 2010-05SSI Southland Lane Detention Pond Project
Whereas, the City of Brookings opened bids for 2010-05SSI Southland Lane Detention Pond
Project on Tuesday, July 6, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2010-05SSI Southland Lane
Detention Pond Project:
Rounds Construction Company, Inc., Brookings, SD $328,481.85
Bowes Construction, Inc., Brookings, SD $356,688.16
Now Therefore, Be It Resolved that the low bid of Rounds Construction Company, Inc, of
Brookings, SD for the bid of $328,481.85 be accepted.
Passed and approved this 13th day of July 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
41
Second Readings / Public Hearings
8. Ordinance No. 25-10: An Ordinance Amending Article V of
Chapter 82 of the Code of Ordinances of the City of Brookings
and Pertaining to Prohibited Backing by Semi Trucks with
Trailers.
The City Engineering and Community Development Departments have
received site plans in the past for commercial and industrial construction
that locate loading dock doors close to a street. Even though the loading
dock location may meet the setback requirements, a semi tractor-trailer
driver would need to drive past the docking driveway, stop in the street,
and then back up the trailer onto the approach and proceed back to the
doors.
The City of Brookings does have an existing ordinance that refers to
―unsafe backing‖, which is as follows:
Section 82-251. Unsafe backing. The driver of a vehicle shall not back the
vehicle unless such movement can be made with safety and without
interfering with other traffic or pedestrians.
However, after discussion with City Attorney Steve Britzman, he advised
that the current ordinance is a general ―rule of the road‖ and does not give
specific guidance for land use regulatory purposes. Therefore, we are
proposing a new section in the Code of Ordinances, specifically related to
backing by semi trucks with a trailer. The proposed ordinance language
would require developers to design their site layout to provide ample room
on private property for all anticipated semi tractor-trailer maneuvers
without using the public right-of-way for backing.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
July 13, 2010
42
ORDINANCE NO. 25-10
An Ordinance Amending Article V of Chapter 82 of the Code of Ordinances of the
City of Brookings and Pertaining to Prohibited Backing by Semi Trucks with
Trailers.
Be It Ordained by the City of Brookings that Article V of Chapter 82 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article V. General Rules of Vehicle Operation
Division 1. Generally
Sec. 82-255. Prohibited Backing by Semi Trucks with Trailer.
A vehicle with a total length of more than 45 feet shall not use a street, alley or highway
for backing maneuvers to gain access to a site for any purpose, including but not limited to,
parking, loading and unloading.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: June 22, 2010
Second Reading & Adoption: July 13, 2010
Published: July 16, 2010
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
43
Other Business
9. Resolution No. 70-10, concurring in the Placement of a Stop Sign
on Moriarty Drive at its intersection of 15th Street South.
The City received a request from a neighborhood citizen to install a stop
sign at the intersection of Moriarty Drive and 15th Street South. This
intersection currently does not have stop signs.
The Traffic Safety Committee discussed this request at their June 10, 2010
meeting. The committee discussed the traffic on 15th Street South as well
as the visibility at the intersection. The committee reviewed the Manual of
Uniform Traffic Control Devices, Section 2B.04, Right of Way at
Intersections. The committee felt this intersection justified the need for a
stop sign on Moriarty Drive because it is a residential street that intersects
a collector street and traffic will continue to increase as the area develops.
The MUTCD also indicates ―Once the decision has been made to control an
intersection, the decision regarding the appropriate roadway to control should be
based on engineering judgment. In most cases, the roadway carrying the lowest
volume of traffic should be controlled.‖ In this case, Moriarty Drive has the
lowest volume of traffic and would be the best location for the stop sign.
The Traffic Safety Committee voted unanimously to approve a stop sign on
Moriarty Drive at its intersection with 15th Street South, which will stop the
Moriarty Drive traffic (see attached drawing). The summary of discussion is
as follows:
Unapproved Summary of Discussion
BROOKINGS TRAFFIC SAFETY COMMITTEE
City Hall meeting room
Thursday, June 10, 2010
12:10 p.m.
The Brookings Traffic Safety Committee held its monthly meeting on
Thursday, June 10, 2010, at 12:10pm in the City Hall meeting room.
Members Present: Jackie Lanning, Brad Whaley, Keith Bruinsma, Carol
Rettkowski, Connie Bridges, Daryl Englund, Skip Webster, Jeff Miller, and
Louis Skubic.
City Council Packet
July 13, 2010
44
Members Absent: Tim Heaton, Tony Sonnenburg, Mike Fossum, and Brian
Lueders.
Others Present: Dennis Beilfeldt
Excerpt from Summary of Discussion:
New Business:
Request for stop signs on Moriarty Drive at the intersection of 15th Street
South.
Lanning handed out an aerial photo of the intersection. She stated that Shawn
Groen (who lives at 1753 15th Street South) contacted her with concerns
regarding vehicles driving quickly on Moriarty Drive and turning onto 15th
Street South without slowing down or stopping. Lanning stated that there did
not appear to be a visibility issue at this intersection, but rather those vehicles
are not yielding to the right as required. She reviewed the Manual of Uniform
Traffic Control Devices (MUTCD) criteria for yield and stop signs and stated
that stop signs are not to be used to control speeds. Lanning read aloud the
MUTCD, Section 2B.04, Right of Way at Intersections. The committee felt
this intersection justified the need for a stop sign on Moriarty Drive since this is
a residential street that intersects a collector street and the traffic volumes will
continue to increase as the area develops. Miller reported there have been no
accidents in this area and he is aware of the families with small children that
live in the area. He recommended setting the speed trailer up in the
neighborhood. Skubic asked where the sign would be placed. Lanning
recommended the stop sign be placed Moriarty Drive because 15th Street
South is the collector street. The MUTCD also indicates “Once the decision
has been made to control an intersection, the decision regarding the
appropriate roadway to control should be based on engineering judgment. In
most cases, the roadway carrying the lowest volume of traffic should be
controlled.” Miller/Webster made the motion to put a stop sign on
Moriarty Drive at its intersection with 15th Street South. All present
voted aye. Motion passed.
This resolution will authorize the installation of a new stop sign on Moriarty
Drive at its intersection with 15th Street South.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
July 13, 2010
45
Resolution No. 70-10
Concurring in the Placement of a Stop Sign on Moriarty Drive
at its intersection of 15th Street South
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for
approval by the City Council for placement of stop signs in locations other than along through
streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the
Traffic Safety Committee and the City Manager and approves the placement of a stop sign on
Moriarty Drive at its intersection with 15th Street South.
Passed and approved this 13th day of July 2010.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
July 13, 2010
47
Other Business
10. Update and possible action on Main Avenue Rail Project options
for Front Street.
The South Dakota Department of Transportation has issued grant funding
for the Main Avenue Rail Crossing project. The project will include
installing new railroad safety crossing gates and the construction work on
Main Avenue for the new crossing gate layout. The grant funding is being
provided by the Railroad Crossing Improvement Program (RCIP), which is a
federally funded program and requires a 10% city match. The program’s
purpose is to provide funding for the implementation of safety
improvements where a public roadway intersects active railroad tracks.
Jackie Lanning, Brookings City Engineer, presented design options to the
Brookings City Council at the April 27, 2010 council meeting. During that
meeting, Lanning described the design problems which were discovered.
The two most critical design problems were:
Insufficient turning radius for semi-truck vehicles east-bound on
Front Street turning south-bound onto Main Avenue.
Insufficient stacking distance between the north side of the railroad
tracks and Front Street.
Lanning indicated one option would be to make Front Street an east-bound,
one-way street. After discussion of the options, the City Council was
hesitant to make Front Street a one-way street and offered direction to
investigate signals or other options.
Civil Design Inc. was retained to further study the intersection design.
Engineers from Civil Design Inc., along with City Engineer Lanning will
provide an update on this project. The City Council may direct possible
action regarding the design options that will be presented.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
July 13, 2010
48
Other Business
11. Review and possible action on Report from the Joint Powers
Board.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Joint City/County Administration Building
There have been no changes in recommendations regarding the construction delivery
method. While the architect is working on schematic design under a contract approved
by the City and County that prescribes a construction manager-agent delivery system,
such a delivery system has yet to be determined. We will soon be getting to a point in
the design process where the architect will need to know if there is to be a change or
not. This is imperative relative to the stage of cost estimating. The proposed
construction manager contract with the Bossardt Corporation is again attached for
reference.
The Joint Powers Board has scheduled an open house on July 28 at 7:00 at the County
Commission Chambers in the 1921 Building to unveil the proposed site plan for the
new building to the public. The site plan will only address the ―footprint‖ of the building
on the parcel, parking, ingress/egress, and possible landscaping features. It will also
suggest the floor location for various city and county departments. While interior office
design has been initiated, this design cannot yet be determined until the site plan is
finalized. As a result, interior office layouts will not be part of this open house
presentation.
We have completed a preliminary space needs analysis which puts the building at 55,979
square feet. This breaks down as follows:
City space, 14,120 square feet
County space, 18,570 square feet
Shared space, 23,289 square feet
TOTAL 55,979 square feet (one-half basement)
This building configuration provides for one-half excavated, unfinished basement. The
JPB directed the architect to consider an option that provided for full excavation of the
basement. This option adds 14,895 square feet of basement space.
Alt. add 14,896 square feet (full basement)
ALT. TOTAL 70,875 square feet
City Council Packet
July 13, 2010
49
This number will easily change with each step of fine-tuning both the construction
budget space allocation. For rough estimating of construction costs, the architect is
suggesting $165 per square foot for finished office space (floors 1-3) and $75 per square
foot for unfinished, basement space. The following calculation assumes the full
basement alternate discussed above.
Floors 1-3 51,915 s.f. X $165/s.f. = $8,565,975
Unfinished basement 18,960 s.f.X $75/s.f. = $1,422,000
SUB-TOTAL 70,875 s.f. = $9,987,975
7% contingency = $ 699,158
TOTAL CONSTRUCTION COST = $10,687,133
Beyond construction costs, we will have the following ―SOFT‖ costs to be split on a
formula between the City and County.
Architect, 5.9% of construction cost plus $75,000 special services $ 705,540
Construction Manager, 2.5% (if selected) $ 267,178
Construction Manager reimbursables for 12 mo. (if selected) $ 252,000*
Property acquisition $1,949,032
Advertising/publishing/printing of documents (est.) $ 25,000
Site survey (est.) $ 7,500
Soils testing (est.) $ 45,000
Demolition/asbestos removal $
Financing costs (city only) $
Furniture/Fixtures/Equipment/Technology/AV $
Legal fees $
Moving expenses $
Miscellaneous $
*If CM is not selected and design-bid-build is selected, these costs would be added into
the general contractor’s bid and included in the total construction cost for a
corresponding increase in the TOTAL CONSTRUCTION COST.
NOTE: One way to bring this cost estimate down is to reject the full basement option
even though this is the least expensive space to build.
City Council Packet
July 13, 2010
81
Executive Session
12. Executive Session for purposes of consulting with legal counsel
about proposed or pending contractual matters.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or fitness
of any public officer or employee or prospective public officer or employee.
The term ―employee‖ does not include any independent contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of
this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
City Council Packet
July 13, 2010
82
13. Adjourn