HomeMy WebLinkAboutCCMinutes_2008_09_23 19 �
Brookings City Council
September 23, 2008
The Brookings City Council held a meeting on Tuesday, September 23,2008 at 6:00 p.m., at City
Hall with the following membe�s present: Mayor Scott Munsterman, Council Members Julie
Whaley, Mike Baxdey,Ryan Brunner,Tim Reed, Mike McClemans, and Tom Bezdichek. Acting
City Manager Jackie Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
pxesent.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Resolution No. 80-08 and Resolution No. 83-08 were removed from the
consent agenda fox further discussion. A motion was made by Reed, seconded by Whaley, to
approve the agenda,which included:
A. Action to approve the agenda as amended.
B. Action on Resolution No. 79-0$, awarding bids for the 2008-123 Subdivision Utilities
and Grading Project (for Sieler Addition, Cardinal Drive and Remington).
Resolurion No.79-08
Resolution Awarding Bids on Pcoject 2008-123STI
Sieler Addirion Subdivision Utilities&Grading Project
Whereas,the City of Brookings opened bids for Project 2008-223STI Sieler�ddition Subdivision
Utilities&Grading Project on Tuesday,Septembei 16,2008 at 1:30 pm at Brookings City Hall;and
Whereas,the City of Brookings has received the following bids for Project
2008-123STI Sielet Subdivision Utiliries&Grading Project:
Schedule A(Gradin�:
Clark Dre�v Conrtruction Co.,Brookingt,SD �317,329.50
Bowe.r Conrtruction,Ixc. Bmoki�gr,SD �'323,948.57
Boundr Conatruction Co.,Inc.,Brooking.r,SD j330,185.24
rllternate�1-1(�sphalt Pavement):
Clark Drew Carrrtnrction Co.,Brnokingt,SD �61,867.98
Bo�ve.r Conrtrrrction,Inc. Brooking.,SD ,�61,867.98
Schedule B(Utilities):
VJAhlerr Excavatin�Inc.,Brooking.r,SD j101,383.44
Prr�nty Conrtruction Co.,Inc.,Brookinga,SD ,j103,493.20
Arrn�e Enterpri.rer,Inc.,Sioux Fallr,SD ,�119,923.09
Unerground Devekperr,Inc.,Siouac Fallt,SD ,�>19,625.93
Now Therefoxe,Be It Resolved that the low bid of Clark Dxew Construction,Co,Bxookings,SD for
Schedule r1(Gradin�of$317,329.50 with the bid rllternate�1-1 (rlsphalt Pavement)of Clark Drew
Construction Co.of�61,867.98 be accepted;and that the low bid of VJ r�hlers Excavating,Inc.,
Bxookings,SD for Schedule B(Utilities)$101,383.44 be accepted.
C. Action on Resolution No. 80-08, awarding bids for the 2008-10SSI Timberline
Detention Pond Grading Project. (REMOVED �ROM CONSENT).
D. Action on Resolution No. 81-08, authorizing the Ciry Manager to sign a Wine
Operating Agreement renewal with Guadalajara's.
Resolution No.81-08
Guadalajara's Wine Opetating Agreement
BE IT RESOLVED by the City of Brookings,South Dakota,that the City Council hereby approves a
Lease rlgreement for the Operating Liguor Management Agreement for Wine between the City of
Brookings and the Guadalajara's for the purpose of a liquox manager to operate the on-sale
estabtishment ox business for and on behalf of the Ciry of Brookings at Village Square Mall#1.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the tlgreement on
behalf of the City,which shall be for a period of five(5)years and renewal for another five(5)years.
E. Action to cancel the November 11`h council meeting.
F. Action on Resolution No. 82-08, a Resolution authorizing Change Order (CCO#1
Final) for 2008 purchase of concrete sand for Edgebrook Executive Nine Greensoil
Mix, Contract Date August 12, 2008 to L.G. Everist, Inc., Brookings, SD.
Resolution No. 82-OS
A Resolurion authorizing Change Order(CCO#1 Final)for 2008 purchase of Concrete Sand
for Edgebtook Executive Nine Greensoil Mix,contract date August 12,2008 to L.G.Everist,
Inc.,Brookings,SD.
ORIGIN�I,CONTRr1CT BID PRICE: 900 ton concrete sand @�7.50 per ton=�6,750.00.
�1CTUr1L QUr�NTITY PURCF3ASED: 891.98 ton concrete sand @$7.50 pex ton=$�C,�i$9.85.
REDUCTION TO CONTR�CT:$G0.15.
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BE IT RESOLVED by the City Council that the following Change Order be allowed for puxchase of
concrete sand:CCO Number 1 (Final)—�ldjust contract with a reduction of$60.15
G. Action on Resolution No. 83-08,A Resolution Concurring in the Placement of Stop
Signs at the Intersection of 8th Street and 13th Avenue. (REMOVED FROM
CONSENT).
On the motion, all present voted yes; motion carried.
Resolution No. 80-08- Bids. A motion was made by Bardey, seconded by Reed, to approve
Resolution No. 80-08, awarding bids for the 2008-10SSI Timberline Detention Pond Grading
Project and to direct the City Manager and City Attoxney to further investigate the punch list to see
how much of the costs are due form the developer and proceed forward with cost recovery
measures. Di.rcur.rion: Whaley a.rked if the developer wouldparticzpate in any of the co.rt,r for the doiv bid. Lanning
.raid the city purcha.red the lot.r svith the under.rtanding that the work aa�ould be performed on the three lot,r purcha.red.
The city al.ro identified other work it felt ava,r needed 2vhich 2vould require bidding out the job. The City u�ill pay for
thi.r p��ject out from drainage fee fund,r. 1d'/haley que.rtioned if any of the e.xpen.re.r would be covered by the developer.
Lanning noted there ha,r been a debate regarding completion of all project.r;hotvever, the city felt it wa,r their
re.rpon.ribility a.r the oumer of the pond to complete the rvork for the re.rident.r in the area. Brittiman commented that
there are remaining unre.rolved is.rue.r, but recommended the city proceed with thi.r project to accompli.rh the work and do
a co.rt recovery mea.rure.r at a later date. All present voted yes;motion carried.
Resolurion No. 80-OS
Resolution Awarding Bids on Project 2008-lOSSI
Timberline Detention Pond Project
Whereas,the City of Bxookings opened bids for Project 2008-lOSSI Timberline Detention Pond
Pxoject on Tuesday,Septembex 16,2008 at 1:30 pm at Brookings City Hall;and
Whereas,the City of Brookings has teceived the following bids for Project
2008-lOSSI Timberline Detention Pond Project:
Bowes Construction,Brookings,SD �51,905.54
Prussman Contracting,Inc.,Brookings,SD $74,685.95
Rounds Construction Company,Inc.,Bxookings,SD $119,141.90
Now Therefoxe,Be It Resolved that the low bid of Bowes Construction,Inc.for�51,905.54 be
accepted.
Resolution No. 83-08— Stop Signs. A motion was made by Reed, seconded by McClemans, to
approve Resolution No. 83-08,A Resolution Concurring in the Placement of Stop Signs at the
Intersection of 8th Stteet and 13th Avenue. Di.rcu.r.rion: Wlhaley e.a pre,r.red concern about the proce.r,r and felt
the Tra�c Safety Committee.rhould have been involved svith SDSU'r pede.rtrian plan from the beginning She noted
that there are.rignificant co.rt.r related to.rign,r and including initial purcha.re, ongoing maintenance and re�ilocement,
particularly in that area due to theft, and que.rtioned if SDSU ivould participate in the co.rt.r. L.anning.raid the city
hadn't di.rcu,cred co.rt.rharing u�ith SDSU and the.re tzvo parcel.r are wvithin the right-of-rvay of the City;hosvever, the
City could svork with the university on co.rt recovery.
Resolution No.83-08
Concutring in the Placement of Stop Signs
at the intersection of 8�h Street and 13�h Avenue
WHEREr1S,Secrion 82-373 of the Revised Ordinance of the City of Brookings,provides for
approval by the City Council fox placement of stop signs in locations other than along through sYreets.
NOW,THEREFORE,BE IT RESOLVED that the City Council concurs in the xecommendation of
the Traffic Safety Committee and the City Manager and appxoves the placement of stop signs on$�h
Street at its intersection with 13�'rlvenue.
First Reading—Ordinance No. 38-08• Sundav Sales. First reading was held on Ordinance No.
38-08,An Ordinance Amending Section 6-4 Of The Revised Ordinances Of The City Of Brookings
And Pertaining To The Sale Of Alcoholic Beverages On Sunday In The Ciry Of Bxookings. Public
Hearing: October 14`h
First Reading— Ordinance No 39-08• conditional use First reading was held on Ordinance
No. 39-08,An Ordinance establishing a conditional use to establish an apartment on the W '/2 of the
W I/2 of Lots 1 —4, excluding Lot H-1, Block 11, Skinners Second Addition (1016 6th Street).
I�ublic Hearing: October 14`h
First Reading— Ordinance No 40-08• Rezonin� First reading was held on Ordinance No. 40-
08,An Ordinance rezoning Lot 3,Nelson Eighth Addition from an Agricultural A District to a
Residence R-1B District (15th Street South and Medary Avenue area). Public Hearing: October 14`h
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2°a Reading—Ordinance No. 37-08: Sidewalk Sales. A motion was made by Reed, seconded by
Whaley, to approve Ordinance No. 37-08,an ordinance providing fox the sale and consumption of
alcoholic beverages upon property adjoining a licensed premises in the Ciry of Brookings, South
Dakota (Sidewalk Sales). All present voted yes;motion carried.
2°a Reading—Ordinance No. 36-08. A motion was made by Bardey, seconded by Reed, to
approve Ordinance No. 36-08,an ordinance amending and revising various building,property
maintenance and nuisance ordinances of the City of Brookings, South Dakata. All pxesent voted
yes;motion carxied.
Resolution No. 84-08: Wine O�erating Agreement. A motion was made by Brunner, seconded
by Reed, to approve Resolution No. 84-08, authorizing the City Manager to enter into a Wine
Operating Agteement for Hagman's Bakery,307 &311 Third Street,Doug&Pam Hagman,
owners. All present voted yes;motion carried.
Resolution No.84-08
Hagman's Bakery
Wine Opeiating Agreement
BE IT RESOLVED by the City of Brookings,South Dakota,that the City Council hereby approves a
Lease�greement for the Operating Liquor Management�lgreement fox Wine between the City of
Brookings and the Hagman's Bakery for the purpose of a liquor manager to operate the on-sale
establishment or business for and on behalf of the City of Brookings at 307 and 311 Third Street.
BE IT F[JRTHER RESOLVED that the City Manager be authorized to execute the Agreement on
behalf of the City,which shall be for a period of five(5)yeats and renewal for another five(5)years.
On-Sale Malt License: Hagman's Bakeiys. A motion was made by McClemans, seconded by
Brunner,to approve an On-Sale Malt License for Hagman's Bakery, 307 &311 Third Street,Doug
&Pam Hagman, owners. All present voted yes;motion carried.
Presentation of the Fina12007 CitX.of Brookings Audit b.�Dick El1is�Wohlenberg Ritzman
& Co. LLC. Dick Ellis, from the firm of Wohlenberg, Ritzman&Co. LLC.,presented the final
2007 City of Brookings Audit to the Council. A copy is available for public inspection at the Ciry
Clerk's Office or on the city website at www.cityofbrookings.org.
Ellis said this is a"clean opinion" and it doesn't get any better. He noted that the majority of the
report is the responsibility of the ciry. He ptaised the City for being very proactive,noting in the
particular the hiring of a deputy finance manager. In his opinion, the City Finance Department has
been shoxt staffed and this addition has improved processes and the financials. Ellis said
governmental auditing standards are changing. Before an audit is done, the entity turns over the
audit materials. He said most cities he audits have segregation of duties problems,but Brookings
has taken the initiative to address this issue by hiring staff who can prepare ftnancial statements and
provide internal monitoring. These tasks can't be performed by the Department of Legislative
Audit or auditors. He also praised the city for its employee development statement in the
Governance and Ends Policy, citing it is important for a city to want theit employees to grow and
get more education. As pxogressive and aggressive as the City of Brookings is,a clean opinion and
well presented financial statement is very important. Under the new standards there is one addition
which is the management discussion and analysis which compares the good and bad differences
between the current and pYiox year. Brookings had done a wonderful job. Assets exceeded liabilities
with no general obligation bonds and fairly low debt.
Mayor Munsterman asked if there was anything the city could be doing better. He noted that the
Ciry's focus for several years has been to get in a strong fir�ancial position.
Ellis said City should conduct a formalized risk assessment which is approved by the Council, but
this is purely a housekeeping measure.
The Council accepted the report and commended city staff for their efforts.
Storm Water Master Plan. Jackie Lanning,City Engineer, said that Troy Thompson, President of
Ecological Resource Consultants, Inc. of Evergxeen, Colorado,presented the draft results of the
storm water mastex plan on June 17,2008. She said the xesults are based upon a comprehensive
storm water study utilizing the SWMM model and the plan included options for storm water
impxovement projects throughout Brookings. 'I'he consultant incorporated comments into the plan
and the Mastet Plan has been finalized and is ready for adoption by the City Council. She
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commented that there were two main changes: an additional study area was added based on
complaints received and the CN values changed.
She recommended the Council take action to accept the plan and then schedule future work sessions
to prioritize the issues and provide direction to city staff. Issues include defining storm event
upgrades for particular areas. The City Council may choose to upgrade to a certain storm size
depending on the population in that axea. She recommended the first place to invest funds would
be detention facilities because it would involve dixt work but not much in facilities costs,but would
xeap a lot of benefits.
Munsterman said he wasn't in big hurry to adopt the plan. He felt the plan should define the
direction and priorities before adoption and recommended the Council schedule a 4 to 6 hour woxk
session to bettex understand the plan and set priorities fot a long term approach. He also felt the
Council needs to get input from developers and citizens on the plan.
Bardey said the Council needs input from staff on prioritizing and he isn't comfortable making those
decisions. He felt this was a great report,but it will take a while for staff to analyze it and then they
should bring it back to Council with their recommendations and explanations. He didn't know how
much time that would take.
Reed agreed with Baxdey,but also wondered how to get public input into the process early. He
suggested gathering input first and then let staff proceed with review and recommendations with the
list of input in hand to review.
Bartley agreed that public testimony is critical and hoped staff would take testimony from primary
people. However, he would prefex that process be done with staff rather than Council and that staff
come back to City Council with recommendations.
McClemans said public and developer involvement is important and there's a ton of information to
review and undexstand. Letting developers undexstand what is expected of them is important and
this should be done prior rather than aftex the fact. He suggested an afternoon of explanation and
driving around town to look at areas to gain a better understanding of why a particular
recommendation is best fox that area. He reiterated the need to work with developers and the
public to gather input so everyone undexstands the goal.
Bezdichek recommended a blend of informal and formal meetings to gather input on the plan.
Informal meetings could involve city staff ineeting one-on-one with the public over a specified
number of days. These informal meetings would still have an agenda and those individuals would be
provided as much time as necessary to hear their concerns. Comments made at the informal
meetings would be provided to the City Council. The formal meetings would be with the Council
with public would be invited to attend. He stressed more `formaliry'in the informal meetings with
staff.
Lanning suggested utilizing a similar method to the streetscape meetings in where city staff notified
all business owners and met with all who requested a meeting. She would notify the public through
media releases, dixect mailings and other means.
Brunnex agreed with all comments and stressed the need for a lot of public input from developers
and people who live in these areas in oYdex to give the Council bettet insight into the issues. He also
urged the Council to keep a close eye on a cost benefit analysis when prioritizing areas and
investments.
Reed said he was concerned about the pxocess and suggested staff present Councii with a process
plan and timeline and the Council formally adopt it.
ACTION: A motion was made by Reed, seconded by Brunner, to accept the Master
Drainage Report as provided by Ecological Resources Consultants, to direct staff to develop
a process and timeline to bring back to the council for approval, and the council take action
to set a date for a major strategy session.
Di.rcu.r.rion: There�va.r di.rcu.crinn about whether ar not to adopt or accept the plan at thi.r point. Bartley recommended
the Council adopt the plan. Mun.rterman ex�re.r.red concern that it wa.r data and not a plan becau.re it didn't include
prioritie.r. Bartley felt the.rtudy wa.r complete becau.re it identifie.r all the prnGlem area,r with.rpecific remediation
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recommendation.r. He recommended the Council accept it as pre.rented rather than gue.rtion if it identified all the i.r.ruer
or not.Mun.rterman a.rked if there sva.r a benefit to adopting it now or zvaiting to u,re it.
Lanning que.rtioned if wauld be appmpriate for con.rultant.r to u.re the data modeling in the interrm�eriod. Brittiman
.raid developerr and con.rultant,r could ure whatever data they think i,r valid. The ma,rterplan would be the city'.r
pdanning document and intended to be comprehen�ive but brnad. The city may make change.r, but ivill set.rpecific
prioritze.r ba.red on thi.r data. He recommended accepting the report from a data per.rpective.ro it can be u.red. Thi.r
data avill be used for the next ftep which i.r priorititiataon.
Paul Moriarity, local developer, asked if a developer urill be reading thi.r ma.rter drainage plan and determine ho2v to
implement it or u�ill the city.retguideline.r on hou�the developer urill make u.re nf the plan.
Rick Wahlstrom, 1817$'b Street(Garden Square), .raid thi.r area ha.r been a�roblem rince he moved into the area.
He cited corre.rpondence and conver.ration.r with previou.r mayorr in the 1970s and �980.r regarding thi.r i.r.rue and it
.rtil!ha.cn't been re.rolved. He.raid thi.r area drain.r a terrific amount of the runo�of thi.r city e.rtimating one guarter of
Brooking.r and that the City need.r to do.romething. Rerident.r rvere alsvay.r told that the City�va.r lvaiting for the
university to.rtraighten out their ditch and it svill flow better, but that ha.rn't happenedyet. Water finm an enormou.r
area drain.r into the ditch (>4`b Avenue to ea.rt of 22"AAvenue and 8th Street to Elm�vood). There are large areas of
concrete nearby and if Bmoking.r everget.r several inche.r like neighboring.rtate.r have recently ex�erienced, they�nl!be
flooded. He cited another factor i.r the above gmund manhole rvhich blocks water fZo�ving doavn the ditch. He rva.r
.rpeaking on behalf of several re,rident,r and they all 2vant to make.rure thi.r plan irn'tju.rt for the nesv area.r of the city.
He urged the Counczl that they have got to take a good look at thi.r part of the city.
On the motion,all present voted yes;motion carried.
A copy of the j�lan ha,r been provided a,r a.reparate dncument from the agenda packet. A copy will be available for
public in.rpection at the City Clerk°r O�"zce or on the crty u�ebrite at ivunv.cit_vo�brooking.r org.
Executive Session. A motion was made by Whaley, seconded by Brunner,to enter Executive
Session at 7:02 p.m. for purposes of 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 competiti.ve position of the business with the Mayor, City
Council,Acting City Manager,City Clerk,City Attorney and Steve Meyer,Brookings Municipal
Utilities,present. A motion was made by Whaley, seconded by Reed, to exit Executive Session at
7:31 p.m.
A 'ourn. A motion was made by McClemans,seconded by Brunner,to adjourn. All present voted
yes;motion carried. Meeting adjourned at 7:32 p.m.
CITY OF BROOKINGS
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Scott . Munsterman,Mayor
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�,:, wSha�� ornes,City Clerk
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