HomeMy WebLinkAbout2019_11_12 CC Minutes312
Brookings City Council
November 12, 2019
The Brookings City Council held a meeting on Tuesday, November 12, 2019 at 5:00
PM, at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Patty Bacon, Leah Brink, Dan Hansen, Holly Tilton Byrne, Nick
Wendell, and Ope Niemeyer. City Manager Paul Briseno and Assistant to the City
Manager Jacob Meshke were also present. Absent: City Attorney Steve Britzman and
City Clerk Bonnie Foster.
5:00 PM STUDY SESSION
Snow & Ice Removal Operations Plan. Matt Bartley, Street Superintendent I Project
Manager, presented the City of Brookings Snow and Ice Removal Operations Plan to
the City Council and public.
6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by
the following vote: Yes: 7-Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and
Tilton Byrne.
3.A. Action to approve the agenda.
3.8. Action to ·approve the October 22, 2019 City Council Minutes.
3.C. Action on annual Liquor and Wine Alcohol License Renewals for 2020.
Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale):
Applebee's I Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill/
W&P of Brookings, LLC, 1801 6th St.; Craft Fusion I Jesse Davis, LLC, 610 Medary
Ave.; Cubby's Sports Bar & Grill/ GOT Inc., 307 Main Ave.; Danny's I David Olson Inc.,
703 Main Ave. So.; Elks Club Lodge #1490, 516 4th St.; Jim's Tap I Urquhart Ent., Inc.,
309 Main Ave.; The Lodge I Den Wil Hospitality Group, Inc., 2515 6th St.; 9 Bar
Nightclub I Nine Inc., 303 Main Ave.; Old Market Eatery, LLC, 424 5th St.; Pheasant
Restaurant & Lounge I RGO, Inc., 726 Main Ave. So.; Pints & Quarts I KR Hospitality,
Inc., 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; The Ram I Ram & O'Hare's
Ent., LLC, 327 Main Ave.; Ray's Corner I Fergen Enterprises Inc., 401 Main Ave.;
Skinner's Pub, Inc., 300 Main Ave.; Sully's Irish Pub I B&L Sullivan Inc., 421 Main Ave.;
VFW GEO Dokken Post 2118, 520 Main Ave.; Wilbert's/Comfort Suites University I Den
Wil Hospitality Group, 25th Ave.; The Wild Hare I Wonder, Inc., 303 3rd St. Restaurant
(On-Sale): Whiskey Creek Wood Fire Grill/ Brookings Steak Co., LLC, 621 32nd Ave.
Wine (On-Off Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; Cenex Zip
Trip #63/ CHS, Inc., 1005 6th St.;.Cenex Zip Trip #64/ CHS, Inc., 3045 LeFevre Dr. ;
Children's Museum of South Dakota, 521 4th St.; The Depot I ERL, LLC, 919 20th St.
So.; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A;
Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B;
Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C;
Guadalajara Mexican Restaurant, 1715 6th St., Suite F; Hy-Vee Food Store I Hy-Vee,
Inc., 700 22nd Ave. So.; McCrory Gardens Educational & Visitors Center, 6th St. & 22nd
Ave.; New Sake I Sake, Inc., 724 22nd Ave. So.; Old Sanctuary I Old Sanctuary Assoc.,
LLC, 928 4th St.; Pheasant Restaurant & Lounge I RGO, Inc., 726 Main Ave. So.;
Schoon's Pump N' Pak So./ Schoon Properties, Inc., 1205 Main Ave. So.; Swiftel
Center, 824 32nd Ave.; Wai-Mart Supercenter#1538/Wai-Mart Stores, Inc., 2233 6th
St.; Wilbert's/Comfort Suites University I Den Wil Hospitality Group, 25th Ave.; Wooden
Legs Brewing Co., 309 5th St., Suite 100; Yessica's Restaurant, 1300 Main Ave. So.
3.0. Action to approve Resolution 19-086, a Resolution authorizing Change
Order No. 1, Final, for 2019-11 STI Airport Sanitary Sewer Project; Meyer
Services Inc.
Resolution 19-086 -Resolution Authorizing Change Order No. 1 (Final) for
2019-11STI Airport Sanitary Sewer Project, Meyer Services, Inc.
Be It Resolved by the City Council that the following change order be allowed for
2019-11STI, Airport Taxilane Project: Construction Change Order Number 1: Adjust
plan quantities to as-constructed quantities for a total decrease of $5,479.00 to the
contract and adjust the final completion date to September 20, 2019 to close out the
project.
CFO Report. Chief Financial Officer, Erick Rangel, presented the 3rd Quarter
Financial Report to the City Council and members of the public.
(Council Member Brink left the meeting at 6:40p.m.)
Sustainability Council Report. The Sustainability Council created and presented a
report on the pros and cons of plastic bag bans, the current use of plastic bag
ordinances, a list of communities who have banned plastic bags, and alternative tactics
to reducing the use of plastic bags which do not require a plastic bag ban. (June 25,
2019 City Council Minutes excerpt: "A motion was made by Council Member Tilton
Byrne, seconded by Council Member Wendell, that the Sustainability Council study
what peer communities are doing to reduce or eliminate the use of plastic bags and
single-use plastics for City Council review at a future study session. The motion carried
by a unanimous vote.")
Resolution 19-087. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Wendell, that Resolution 19-087, a Resolution Awarding Bids on
Edgebrook Golf Cart Lease, be approved. The motion carried by the following vote:
Yes: 6-Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1 -
Brink.
Resolution 19-087 -Resolution Awarding EdgeBrook Golf Course
Golf Cart 5-Year Lease
Whereas, the City of Brookings opened bids for EdgeBrook Golf Course Golf Cart
5-Year Lease on Tuesday, November 5, 2019 at 1:30pm at Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids:
NB Golf Cars
2020 Club Car-Tempo Electric-$31 ,690.26/year x 5 years= $158,451.30
2020 Club Car-Precedent Electric-$30,781.80/year x 5 years= $153,909.00
Tournament Fleet Rate-$37.00/day
Miller & Sons Golf Cars
2020 EZ GO TXT 48V-$33,643.00/year x 5 years= $168,215.00
2020 EZ GO RXV Elite-$41 ,167.00/year x 5 years= $205,835.00
Tournament Fleet Rate-$30.00/day
Now Therefore, Be It Resolved the bid from NB Golf Cars for the Club Car Tempo
Electric model be accepted.
Legal Services Agreement. A motion was made by Council Member Niemeyer,
seconded by Council Member Tilton Byrne, that a Legal Services Agreement between
the City of Brookings and Steven J. Britzman, Attorney at Law for a one-year contract
(01/01/2020-12/31/2020), be approved. The motion carried by the following vote:
Yes: 6-Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 1-
Brink.
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 one (1) year period, commencing January 1, 2020 and ending December 31, 2020,
unless extended by mutual agreement of the parties, in writing. 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 Legal 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.
313
314
2. Insurance Coverage
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, 2020 through December 31, 2020 of eight
thousand ninety-six and 87/100 ($8,096.87) Dollars, payable on the last day of the
month.
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, Meetings 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 12th day of November, 2019.
Dated this 12th day of November, 2019.
ATTEST:
Bonnie Foster, City Clerk
STEVEN J. BRITZMAN, ATTORNEY AT LAW
Steven J. Britzman
CITY OF BROOKINGS, SOUTH DAKOTA
Paul M. Briseno, City Manager
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. Provide 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 legal 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.
10. Prepare a monthly written report to the City Manager 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 Manager or 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. Litigation
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.
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Hansen, to enter into Executive Session at 6:50p.m., pursuant to
SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or contractual
matters. The motion carried by a unanimous vote. A motion was made by Council
Member Bacon, seconded by Council Member Niemeyer, to exit Executive Session at
7:15 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, that this meeting be adjourned at 7:16p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
~~~
Keith W. Corbett, Mayor
315