HomeMy WebLinkAboutCCMinutes_2008_07_08 154
Brookings City Council
Ju1y 8, 2008
The Brookings City Council held a meeting on Tuesday,July 8,2008 at 6:00 p.m.,at Ciry Hall with
the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,Mike
Bardey,Ryan Brunner,Tim Reed, Mike McClemans,and Tom Bezdichek. City Manager Jeffrey
Weldon,Assistant City Attorney Dick Smith, and City Clerk Shari Thornes were also present.
The Mayor called the meeting to order at 6:00 p.m. There was not a work session prioY to the meeting.
Consent Agenda: A motion was made by Reed, seconded by Brunner, to approve the consent agenda,
which included:
A. Action to approve the agenda.
B. Action to approve the June 10,June 17, and June 24 Brookings Ciry Council minutes.
C. Action to authorize the ciry manager to sign a Joint Powers Agreement for Police
Assistance between the City of Brookings and Brookings County.
JOINT POWERS AGREEMENT
FOR POLICE ASSISTANCE
WHERE�IS the City of Brookings,South Dakota opexates a full-time police department and Brookings
County,South Dakota operates a full-time sherifFs department within their respecrive jurisdictions;
WHEREAS from rime-to-time it is in the best interests of the citizens of the City of Brookings and Brookings
County,that the law enforcement officers of the separate jurisdictions be able to provide mutual aid and
assistance to each other while continuing to exercise the authority of a law enforcement officer.
NOW THEREFORE GE IT RESOLVED r�ND�1GREED that the City of Brookings,by and thiough its
City Council,and Biookings County,by and through its Board of County Commissioners,joindy acting
pursuant to the procedures set out in SDCL Ch. 1-24,do hereby joindy agree as follows:
MUTUr1L r1ID: r'�ny police officer of the City of Brookings,or the$xookings County Sheriff,ox any of his
Deputies(herein referred to as the"Requesting Entity"),or the police dispatcher pzoviding dispatch services
for eithex entiry,when acting within the scope of employment,may summon the aid of one or more officers
from the other entity(hereinaftei zeferxed to as the"Responding Entity")to assist in the carrying out of official
duties.When so summoned,any officex from the Responding Entity becomes a duly authorized and
empowered police officer of the Requesting Entiry.
MUTUr1L 01�TH: Each law enforcement officer in both Enaties shall execute an additional notarized Oath
of Office providing as follows: I,(Name of Officer),do solemnly sweaz that I will support the Constitution
and the Law of the State of South Dakota,the duly enacted Ordinances of(the City of Brookings)(Brookings
County),and when properly summoned,pursuant to the City of Brookings/Brookings County Joint Powers
rlgreement fox Police r�ssistance,the duly enacted Oidinances of(Brookings County) (the City of Brookings),
and that T will faithfully discharge the duties of my office. (Insert-signature of officer)
LIr1BILITY: Each Entity shall be responsible for any liability incurred by its own officer of officeis,acting
within the scope of theix employment,whether acting on behalF oE the Requesting Entity or the Responding
Entity.
CHAIN OF COMMt1ND: The senior officer of the Requesting Entity shall be the officer in charge at any
crime scene of other disturbance to wl�ich the Responding Entity is called or dispatched.
COST ALI.00r1TION: The Responding Entity will beai responsibility for equipment loss,uniforms,wages,
overtime,and othei similar costs as though and in the same manner as if the officers dispatched under this
rlgreement were performing duties within the Responding Entity's jurisdictional area.
r1DMINISTRr1TION: No separate admuustrative entity is established by this rlgreement. In the event eithez
party wishes to discuss any provision of the rlgreement,it shall notify the Brookings City Manager or the
Brookings County rluditox and it shall be placed on the agenda for the next meeting. Either goveming boacd
may request a joint special meeting of the governing boards should it so desire. It is not intended that any
additional property be acquired and held jointly between the parties.
TERM OF r1GREEMENT: T'his Agteement shall be effective upon the date of approval and shall continue
unless and until terminated by one(1)of the Entities,which shall give at ieast thirty(30)days written notice of
said ternunation to the other Entity. This agreement is deemed renewed annually unless temunated as
provided herein.
ENTIRE r1GREEMENT: This Joint Powers r'�greement constitutes the entire agreement between parities on
this subject and shall be authorized and appxoved by the goveming body of each Entity. "I'his Agreement may
be modi6ed only in writing signed by both parties.
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D. Action on Resolution No. 55-08, correcting Resolution No. 48-08, a resolution to
annex approximately 7 acres of land into the City of Brookings (Outlot A in the NE
1/a of the NW 1/a of Section 3-T109N-R50V(� adopted on June 24, 2008.
Resolution No.55-08
Annexation
V��ERE��S,The City of Brookings is authoxized pursuant to South Dakota CodiSed Law 9-4-1 to annex
contiguous territoxy upon receipt of a written petition, describing said temtory sought to be annexed,
signed by not less than thxee-fourths(3/4)of the legal votezs and by the owner oz ownexs of not less than
three-fourths(3/4)of the value of said territory,and
WHEREr1S,The City of Btookings des�es to annex the Eollowing described pxoperty,to wit: Oudot�1
in the NE'/<of the NW'/<of Section 3-T109N-R50W
WHEREI�S,The afoxesaid land is conriguous to the present boundaries of the City of Brookings,and
WF�ItFr1S The City of Brookings has teceived a Petition Fox 1�nnexation of Terxitory signed by the
owners of greatez than three-fourths (3/4) of the value of the aforesaid property and by not less than
three-fourths(3/4)of the legal voters xesiding in said territoiy,now thexefoxe,
BE IT RESOLVED By the City of Brookings,South Dakota,that the property descxibed above is hezeby
annexed to the City of Brookings.
E. Action to approve an abatement request from First Lutheran Church to abate a
portion of the 2007 property taxes in the amount of$1,046.86 for property located OL
"R" of Section 23-110-50, also known as 408 8�' Street.
F. Action to appoint Didem Koroglu to the Visitor Promotions Committee,term expires
G. Action to appoint Penny Hauffe to the Human Rights Committee,term expires
H. Action on Resolution No. 51-08,Awarding Bids for the 2Q08-09STI Riogrand,Napa
Valley, Sonoma Valley & Cumberland Court Street Project.
Resolution No.52-08
Resolution Awarding Bids on Project 2008-09STI
Rio Grand Ave.,Napa Valley St.,Sonoma Valley St.,&Cumberland Ct.Phase I Pxoject
Whereas,the City of Biookings opened bids for Project 2008-09STI Rio Grand Ave.,Napa Valley St.,
Sonoma Valley St.,&Cumberland Ct.,Phase I Pzoject on Tuesday,July 1,2008 at 1:30 pm at
Brookings City Hall;and
Whereas,the City of Brookings has ieceived the following bids for 2008-09STI Rio Grand r1ve.,Napa
Valley St.,Sonoma Valley St.,&Cumbexland Ct.,Phase I Pxoject(GRr1DING):
Rounds Construction Co.,Inc.,Brookings,SD $523,912.61
Prunry Construction Co.,Inc.,Brookings,SD $528,432.55
Bowes Constxuction,Inc.,Bxookings,SD $548,907.32
rind Whereas,the City of Brookings has received the following bids for 2008-09STI Rio Grand r1ve.,
Napa Valley St.,Sonoma Valley St.,&Cumberland Ct.,Phase I Pxoject(P�VING):Bowes
Construction,Inc.,Brookings,SD �65,109.94
Now Therefoxe,Be It Resolved that the low bid of Rounds Construction Co.,Inc.,Brookings,SD of
�532,912.61 for the GR�IDING project be accepted and the low bid of Bowes Construction,Inc.,
Bxookings,SD of$65,109.94 for the PAVING pioject be accepted.
I. Action on Resolution No. 52-OS,Awarding Bids for the 2008-04STA Alley Assessment
Project.
Resolution No.52-08
Resolurion Awarding Bids on Ptoject 2008-04STA
Alley Assessment Pioject
Whereas,the City of Brookings held a bid letting at 1:30 pm on Tuesday,July 1,2008;and
Whereas,the City of Brookings has received the following bids fox Project
2008-04STr1 tllley rlssessment Project:Bowes Construction,Inc.,Brookings,SD,$37,916.65.
Now Therefore,Be It Resolved that the low bid of Bowes Construction,Inc.,Brookings,SD of
�37,91G.G5 be accepted.
J. Action on Resolution No. 54-08, for vacation of utility easement on Lot 2, Block 3,
Oyloes Addition.
Resolution No.54-08
Vacarion of Easement of Lot 2,Block 3,Oyloes Addition
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WHEREr1S,the City of Bxookings has been granted a certain utility easement on Lot 2,Biock 3,
Oyloes rlddition by virtue of Easement dated r1pri11,2008 and filed on r1pri111,2008,in
Miscellaneous Book 178 on Page 968,and
WHERE�IS the ownexs of the aforementioned real property have petitioned the City of Bxookings to
vacate the previously granted utility easement,and
NOW,THEREFORE,BE IT RESOLVED by the governing body of the City of Brookings that the
utility easement located on the West five feet(W 5')of the East Half(E'/2)of Lot,2,Block 3,of
Oyloes rlddition to the City of Brookings in the Southwest Quaxter(SW'/<)of Section 23,T110N,
R50W be vacated.
FURTHERMORE,that a copy of this resolution be filed with the Brookings County Register of
Deeds,and that said Register of Deeds be requested to mark upon the above referenced easement in
Miscellaneous Book 178 on Page 968,and the vacating of said easement and note reference to the
proper miscellaneous record.
On the motion, all present voted yes; motion carried.
House �Ioving. A public hearing and action was held on a housing moving request from Shaun
and Jamie Hof to move a Governor's House from Springfield,SD,to Lot 33 and 33A,Meyer's
Second Addition in the SW'/< of the NW '/< of Section 11-T109N-R50W, also known as 306 Hawau
Drive. No comments were made during the hearing. A motion was made by Bartley, seconded by
Reed, to approve. All present voted yes;motion carried.
Public Hearing- Ordinance No. 29-08—Flood Damage Prevention. A public hearing was
held on Ordinance No. 29-08: Ordinance amending Article II of Chapter 38 of the Code of
Ordinances of the City of Brookings and pertaining to Flood Damage Prevention. No comments
were made during the hearing. A motion was made by Reed, seconded by Brunner, to approve
Ordinance No. 29-08. All present voted yes;motion carried.
�esolution No. 56-08—Tem�orary Off-Sale Package Wine License. A motion was made by
Brunner, seconded by Bartley, to approve Resolution No. 56-08, establishing a fee for Temporary
Off-Sale Package Wine Licenses within the ciry of Brookings. All pxesent voted yes;motion carried.
Resolution No.56-08
Resolution Establishing the Procedure and Fee for the Issuance of Tempocary Off-Sale
Package Wine Licenses in the City of Brooldngs
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows:
WHEREr1S,the State of South Dakota has authorized municipalities to issue temporary off-sale
package wine licenses for faiz boards,and public,civic,charitable,educational and fratemal
organizations pursuant to House Bill 1118,and
WHEREAS,the temporary license may be issued only if the licensee sells wine manufactured by a
farm winery licensed pursuant to SDCL Chapter 35-12,and for periods of time not exceeding fifteen
consecutive days,and
WHERF�IS,the City Council is authorized to detemvne the fee foi this license,which may not
exceed fifty dollars per day,
NOW THEREFORE,BE IT RESOLUED that the fee for temporary off-sale package wine licenses
shall be fifty dollars per day.
Tem ora Off-Sale Package Wine License. A public hearing was held on a Temporary Off-
Sale Package Wine License fox the South Dakota Winegrowers Association on July 12 and 13 at Old
Liquor Store location.
The following is a summary of the staff report providing background on the issue.
Thi.r agenda item i.r in r�.+pon.re to a reque.rt received on June 26`b fmm Jim and Nancy Schade on behalf of the South
Dakota Winegrower.r. One of the neu�bfll.r pa.cred in thi.r.re.r,rion�va,r HB 1118, urill permit.rpecral OFF-SALE
package u�ine dealer'r licen.re.r. Thi.r new larv allow,r for city'r to i.crue a.rpecial licen.re to permit the,cale of OFF-
SALE wine, but only wine that rva.r manufactured by a farm Jvinery urithin the State of South Dakota. The South
Dakota Winegrowers have r�nted a booth outside the Arts Festivalgrounds and would like to sell bottles of South
Dakota�vine.
Since thi.r ir a nesv law, the que,rtion u�a.r rai.red if the City needed to pa.r.r an ordanance befo�it could i.r.rue a licen.re
under thi.r change in.rtate law. O�icial.r fmm the State Department of Revenue and Special Licen.ring and the City
Attorney revierved thi.r is.rue and concluded that an ordinance i.r not needed.
157
A legal notice.reven day,r prior to the council meeting is required to give public notice. A copy of the notice is enclo.red.
A public hearing and counczl action i.r required to i.rrue thi,r licen.re.
State o�'iciql.r and the City Attorney have al.co concluded that the SD Winegrowerr A.r.rociation i.r a qual�ing entity
under thi.r ne�v law. To qual�, the licen.re mu,rt be applied for by a fair board or a public, civic, charitable,
educational or fiaternal organi�ation in conjunction zvith a.rpecial event.
Public Hearing: Don South, Straw Bale Winery near Rennet, spoke on behalf of the South Dakota
V�/ine Growers Association. South noted that this law is only eight days old. The Association
successfully tested it at the Sioux Empire Fair on July 4�' and had great success. The group is now
Yequesting an off-sale wine license to sell wine by the botde unopened on July 11 and 12. They ate
open to the hours that the city would recommend (Saturday 10-5 and Sunday noon to 4). He noted
that his winery offers over 20 types of wine as does Shade Vineyards and these businesses would like
an opportunity to introduce their wines to the public.
ACTION: A motion was made by Brunner, seconded by Reed,to approve a Temporary OfE Sale
Package Wine License.
AMENDMENT: A motion was made by Ba�dey, seconded by Bezdichek, to stxike"adjacent to the
Brookings Arts Festival" and insert the street address for the former Liquor Store. Di.rcu.c�ion:
Be�dichek noted that all refer�nce.r to the SummerArt.r Fe.rtival.chould be r�moved and,rtricken from thi.r regue,ct.
On the amendment,all present voted yes,motion carried.
Di.rcus.rion on main motion a.r omended.• Betidichek a.rked what it taker for an organiZation to be a qualified entity
under the.rtate licen.ring reguirement.r noting the allowable categorie.r. Dick Smith,A.r.ri.rtant City Attorney, said a
qual'�ing entity would be defined by the licen�ing agency. Thorne.r.caid the City Attorney review.r all entitie.r to make
the determination if they are `qual�ed"under.rtate lazv. In thi,r ca.re, the City Attorney felt the Wine Grnu�err
As.rociation fit within the `public"organitiation category.
Betidicbek a.rked if Jerry Z.ahr rvoudd be allosved to.rell under thi.r new lasv. I�eldon.raid no becau.re hi.r i.r from
California.
On the main motion as amended, all present voted yes;motion carried.
Temporar.y On-Sale Wine Retailers License. A public hearing for a Temporary On-Sale Wine
Retailers License for the South Dakota Winegrowers Association on July 12 and 13 at Old Liquor
Store location was held.
The following is a summary of the staff report providing background on the issue.
A.r noted under preuiou.r agenda item,Jim and Nancy Schade, on behadi the SD I.Ylinegrosverr A.r.rociation, applied to
,rell o�.rale�vine during the Brooking.r SummerArt.r Fe.rtival on July 12 and 13 j�urruant to the ne�v.rtate law(HB
>118). The South Dakota Winegrn2verr have rented a booth out.ride the Art.c Fe.rtival ground.r and would like to.rell
bottle.r of Sauth Dakota made wine. They would al.ro like to o�er.ramples of wine. SDCL 35�-10.2 i.r the.rtatt
law that regulate.r.rample.r. The State Department of Aevenue dnd Caty.rta�'have concluded lhat.rample.r can nnt be
offered�vithout an ON-SALE licen.re,permanent or temporary. That i.r svhy the SD Winegrolverr A.rsociation are
al.ro applying for a Temporary ON-SALE iY/ine Betailerr Lscen.re in order to o�'er.rample.r of the un�re(SDCL 35-
4-1>.4).
The qual�ing applicant categorie,r for the ON-SALE licen.re are not the.rame, but the City Attorney has concluded
the SD Wineg�nwerrA.r.cociation would qual'�.
lY/ith regard.r to Sunday Sale.r, City Clerk Shari Thorne.r po.red the follo2ving comment.r and que.rtion.r.• The.+pecial
malt beverage retailerr'licen,re aszd a.rpecial rctai!on-.rale unne dealers'licen,re also ha.t the.rame language related ta 1 S
day.r. The.re.rpecial licen.re.c are not addres.red in the Sunday.rade.r ordinance and I don't,ree�vhere they lvould be
prohibited. The ordinance.rtate,r "(e)Except a.r permitted in this section, no per.ron avithin the city.rhall.rell, o�'er for
.rale, .rerye or allow to be con.rumed on the premi.ce.r cove�d by a,ctate license any alcohodic beverage.c on Sunday.
However, the.re are.rpecial city i.crued license.r and are not i.r.rued by the.rtate, It maybe.rhould be noted that the on-.rale
wine licen,re.r automatically become on e'�'o�.rale wine effective Juy �J`and the re.rtaurant�,rtriction,r have been
�moved. Wle�irobably need to amend the Sunday Sale.r Ordinance to comply with thi.c change.
However, the City Attorney in an email noted that he wa.r uncertain if.rampler could be permitted on Sunday under
the City,r curr�nt ordinance. BritZman made the following.rtatement.r.• `:...I�hen it come.r to.rerving.rample.r on
Sunday, it.reem.r that unle.cr Ord. OS-06 would permit.ruch activity, that providing,rample.r on Sunday may not be
con.nstent rvith our ordinance....': `The Sunday.rale.r ordinance i.r przmarily an on-.rale prohibition, with ju,rt a.rmald
15 �
section for malt beverage.r covered. I agree the State permit.r the.rale of urine under thi.r licen.re on Sunday.r, and.ro o�
.rale under the temporary licen.re i.r di.rtinguishable from the intent of the la.rt sectian to clearly�mhibit or re.rtrlct
Sunday on-.rales, �ince State lasvgenerally cover.r o�.rale on Sunday.r."
It.rhould al.ro be noted, unle.cr other clarification.r are made, this on-sale licen.re would permit for an on-.rale "avine tent"
acro.r.r the.rtreet fmm the Art.r Fe.rtival in ivhere ivine could be con.rumed on premi.re.r�vith regular.ritied gla.r.re.r, unle.r.r
.rpecifically prohibited.
Public Hearing: Don South,representing the South Dakota Wine Growers Association, noted that
the Association is a non-profit orga.nization as opposed to Jerry Lohr. He said they do not want to
sell wine by the glass or open botde. They just want to offer tastes or samples.
Bezdichek asked for clarification on the state law rega.rding samples (SDCL 35-4-11.4)that specifies
only one variety can be sampled at one time. South clarified that this would only pertain to an off-
sale license and if the City approves the tempotary on-sale license,it would alleviate the entixe issue
of tastings.
ACTION: A motion was made by Brunner, seconded by Reed,to approve a Temporary On-Sale
Wine Retailers License to the South Dakota Winegrowex's Association for July 11 and 12 at the
former Liquor Store location.
CouncilDi.rcu.r.non: Thornes clarified the1b�viou.r que.rtion.raying the Wine Grolver.rAssociation thought they could
o�er.rample.r urith the O�Sale licen.re;however, the City Attorney and the Department of Kevenue determined that
tbey couldn't. The nnly way they could war if they were a liqunr or�vine.rtore with a permanent licen.re. That i.r svhy
the A.rsociation ha.r to apply for a temporary On-Sale Licen.re.
Bartley noted that o�.rale.rtate law pertaining to.rarrtple.r.rtate.r that no sampling can be provided on Sunday.r and
arked fnr clarification�the on-.rale licen.re requir�ment.r wer�the.rame. Thorne.r noted her.rta�'re�ort tvhich rtate.r
the.re a�.rpecial city licen,re,r and are not i.crued by the.rtate. Al.ro, .rhe and the City Attorney will be recommending
amendment.r to the City's Sunday Sale.r ordinance to provide clarification on this issue. Bartley asked if it's up to
tho.re partie.r with the licen.rt to determine whether they a�legal to.reld.rample.r. Yes.
Brunner a.rked if the time.r.rhould be outlined in the motion. Thorne.r raid the.re are addre.cred in city ordinance noting
that wine can not be.rerved before noon on Sunday.r.
Judith Peterron a.rked if any member of the SD I�ine Grower'.r A.rtociation could.ret up a booth and.rell�vine under
thi.r licen.re.
All present voted yes;motion carried.
Resolution No 57-08—Change Or er A motion was made by McClemans, seconded by
Whaley, to approve Resolution No. 57-08,authorizing Change Order #3 (CCO#3), for 2008-03STI,
Downtown Streetscape Project(this change order is fox removal of an unanticipated 2'x3' steam
tunnel in the 500 block of Main Avenue and the cost will be paid by BMU.) All present voted yes;
motion carried.
Resolution No.5?-08
A Resolution Authorixing Change Order#3(CCO#3)For
2008-03STI Downtown Streetscape Project
Wmtex Brothers Underground,Inc.,Sioux Falls,South Dakota
BE IT RESOLVED by the City Council that the following change order be allowed for 2008-03SSI,
Downtown Stzeetscape Pzoject: Construction Change Oxdex Number 3:Remove 242 lineax feet of
small steam tunnel(approximately 2'x3�and pioperly dispose of all materials including abatement
contractor for an increase of$16,940 to the contract.
'The 2008-03STI Downtown Streetscape Project entails construction work on Main Avenue from 6�'
Street to Front Street,which includes new water and sanitary sewer mains and services,new sidewalk,
light poles,trees,curb&gutter,pavement and other streetscape amenities.
During the underground utility woxk,an un-anticipated small concrete steam tunnel(approximately
2'x3�was uncovezed in the 500 block of Main Avenue. This particular steam tumiel was located very
high in the roadway section,and would have been within a few inches of the futute top of the asphalt
roadway. Brookings Municipal Utilities have proposed a change to the Winter Brothers Undergxound
contract to add the following work: Remove 242 linear feet of small steam tunnel(approximately
2'x3�and properly dispose of all materials including abatement contractoi for an increase of
$16,940.00 to the contract.
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This change ordez will appxove the additional work far the steam tunnel xemoval in the 500 Block of
Main Avenue and adjust the Winter Brothers Underground contract foz a total increase of$16,940.00.
Adjourn. A motion was made by Reed, seconded by Bardey, to adjourn. All present voted yes;
mot�on carried. Meeting adjourned at 631 p.m.
CITY OF BROOKINGS
o�� CITYUF
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"�N�'•�.,�� Scott D. Munsterman,Mayor
�.'I-�S'�':°
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`f'��•..... •'�ZP ��.,
'fi'�vv J�"L�
Shari Thornes, City Clerk