HomeMy WebLinkAboutCCMinutes_2009_03_10 309
Brookings City Council
March 10,2009
T'he Brookings City Council held a meeting on Tuesday,March 10, 2009 at 5:00 p.m., at City Hall
with the following membezs present: Mayor Scott Munsterman, Council Members Julie Whaley,
Ryan Brunner,Tim Reed (arrived 5:14 p.m.),Mike McClemans,Tom Bezdichek, and Mike Bardey.
Acting City Manager Jackie Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes
were also present. The meeting was called to order at 5:10 p.m.
Board of Ec�ualization Hearin�Process Overview Joyce Dragseth,Director of Equalization,
provided an orientation to the Council regarding the hearing process. The Equalization Office sent
out the properry valuation cards on Maxch 1S`to city residents. If a property owner plans to appeal
the valuation of his or her property they must do so by 5:00 p.m. on Thursday,March 12th,with the
City Clerk. The Local BoaYd of Equalization, consisting of at least four City Council members and
one School Board member,must conduct their hearings between Monday, March 16 and Fxiday,
March 20. She is anticipating a light schedule. Her office staff studied the 2008 xeal estate sales
taking the market and values into account,but their evaluations axe a year in arrears. Estimated
growth in 2009 is $49 million for a total of$974 million. (Keed arrived at S.•14 p.m.)No action was
taken.
U�date on Bike Lane Project. Rescheduled to March 24�'at 5:00 p.m.
City Council members serving as ex-officios members on city boards. Lanning gave the
following introduction on behalf of the City Manager. She noted that the Council has considered
re-appointing city council members as liaisons to the Hospital Board of Tzustees,Brookings
Municipal Utility Board,and Swiftel Center Advisory Board. Historically, the governing body had
this system in place under the previous form of government. By council action, the City Managex
was designated to serve in an ex-officio capacity to these three respective boards. These actions
were as follows: Hospital Board, Ordinance No. 27-05,August 26,2005;Utility Board, Ordinance
No. 26-05,August 30,2005 and Swiftel Center Advisory Committee, Resolution No. 65-05,August
9, 2005. Frequendy, the City Manager has attended these meetings although has not been able to
attend all of them due to scheduling conflicts. He does usually forward copies of ineeting minutes,
financial statements, and other items of interest to the Council to keep informed. If the Council
wishes to xe-instate the liaison function, action will be needed to repeal Ordinances No. 26-OS and
27-05;and a motion that repeals Resolution No. 65-05. Council members would then be appointed
pursuant to the normal appointment process. Tlie Hospital Board meets the 4�'Thursday of each
month at 7:00 p.m. at the Hospital.The BMU Board meets the 2"d Monday of each month at 1:00
p.m. at the BMU office. The Swiftel Advisory Board meets the last Thuxsday of each month at 4:00
p.m. at the Swiftel Center. The Hospital and BMU are operating boards while the Swiftel Center is
an advisory boaxd.
Di.rcu.r.rion:Iieed,BeZdichek,Munsterman,McCleman.r and Whaley expres.red a de�ire to r�-in.rtate ex-o�"zcio.r for the
three gmup.r cited above becau.re they felt it zvar informative for the member.r and for the board.►: I�otating to di�'erent
board.rBave an opporlunity to learn about the d�e�znt board�: iY/hen appointed a.r an ex-o�'icio, there'.r mo�
likelihood to attend.
Bartley.raid the�a.ron�vhy the.re changes were made in 2000 and agafn in 2005 rva.r becau.re it didn't fit within thi.r
form ofgovernmentporver and.rtructure. A11 council memberr have the.rame right.r, voting privilege.r and ability to
attend any meeting. Under thi.r form ofgovernment, all the Council memberr.rhould know what i.rgoing on and thi.r
farmat put.r a power.rtructure in place for trvo people. He cited the�cent Ho.rpita!it.rue a.r an exampk and que.rtioned
if Counczl memberr had been a.r.rigned to that board svould he have continued to a.rk tho.re que,rtion.r. Counczl ex-
o�'icios on the ho.rpita!board may have u.rurped hi.r polver to a.rk tho.ce que.rtion.r. He al.ro noted that mo,rt of the work
and deci,rion making occurr at the executive committee and.rubcommittee level.r and not at the manthly Board meeting.
The city manager doe.rn't attend tho.re meeting.r either, .ra there'r not a trzre picture of the operation.r.
I�Ylith r�,pect to Utility Board, it wa.r clarified that the ex-o�rcio memberr attended the mnnthly meeting and the
monthly tedeconfe�nce. Bartley noted that the City Counci!'r communication.r with BMU havegreatly imprnved, due
in part to the change in their CEO.
Bartdey said he doe.rrt't.ree a need toga 6ack to the old�imcers and noted that ther�lvill be tryo and�io.cribly thr�e neu�
memberr in May and he recommended waiting until the ne:v memberr were seated to get their opinion.r.
Bartdey noted that the City Charter and tha.r form ofgovernment wa.r not meant to give anyone any.rpecialpower of
going to any particular meeting.r.
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Mun.rterman then que.ctioned if the City Counczl.rhould not have Council repre.rentative.r on the BEDC, Gmrvth
Partnerrhij�Board, or local planning di.rtrict. He a.rked the City Attorney if the City Charter re.rtrict.r the Council
from.rerving a.r ex-o�'icio.r. Brit�nan.raid no.
Mun.rterman.raid when it come.r dorvn to decl.rion making on the board.r, in term,r o,f executive decirions and strategy
.re.crion.r, that the ex-o�"zcin'r aren't participating in, therr aren't decz.rion.r made in tho.re meeting.r. The issue.r are
bmught back to the board for di.rcu.r�ion and action. He acknowled,ged underrtanding Bartley's�ioint.r, but what
.ruperrede.r i.r the communication and repre.rentation and the Council ha.r to look at that value of that communication
and re�re.rentation and�vhat it bring.r to thi.r deci.rion making body. There's a certain tru.rt factor thatgoe.r svith the
Mayor making an appointment of a council member to a board to repre.rent our inter�.rt.r
Bartley.raid he didn't disagr�e, but he think.r the BEDC, G�nwth Partnerrhip and Di.rtrict Planning Board are
different becau.re the Council member ha.r a vote and a�not ex-o�icio.r. The City fund.r those organitiation,c and city
re�i�.rentative vote,r the city'r vote. He fee�r that's different than an ex-n�J"rcio on the Utility nr Ho,r�iital Board, which
the City own.r, but doe.rn't frtnd.
Munfterman.raid Bartley'r argument i.r the ex-o�"rcio haf more information than anyone el�e. In the po.rition of the
BEDC, he commented that Bartley ha.r mor�information than the rest of the Council. Bartley said that�va.r trtie, but
the�'ity doe.rn't own tho.re organilatinn.r and he didn't feel thi.r rva.r an `apple.r to apple.r'compari.ron.
Brunner commented that he i.rgoing o�'the council, but would like to hear from tho.re having pr�viou.rly.re�ved in that
mle. However, he did note that he worries about conrz.rtency with the on and o�'again approach to the i.crue.
Whaley, having.rerved on the Ho.rpital Board,found it informative and that it made Council member.r awar�of the
is.rue.r. Itgave her the ability to ask other memberr to get their opinion about i.r.rue.r. She noted that the ex-o�'icin.r
wer�n't involved in the decirzon makingproce.r.r They attended only to learn�vhat wa.rgoing on.
Beed felt the proce.r.r worked and the�'.r been more i.r.rue.r in recentyearr becauae the Counci!ha.►n't been ther�. With
r�.rpect to the di.rcu.r.rion on po�ver;if information become.r porver on this Council, we'!1 get into tmuble. He feel.r the
grouj�worked together.rharing information and to keep communicating. He said in hi.r futurr role he woufd mtate
memberr on board.r and would place new memberf urith long-time member.r. It'r agood learninggmund to under.rtand
more about utility and ho.+pital operation.r. He recalled there were issues whether or nnt one or both ex-o�'iczo.r could
attend executive.res.rionf
BritZman.raid each board would need to be r�vde�ved again,reparately becau.re they an governed by d�ennt la�v.r. He
ha.r�.rearched the is.rue in the pa,rt, but a fie.rh�view i.r warranted.
Bartley liken the Srrriftel Center Board to the Park and Recreation Board a.r advi.rory board and part of the City
budget nou�and que.rtioned if the Council needs.romeone.reated on that Board. He asked if the Councid�va.rgoing to
appoint Council member.r to all the advi.rnry board.
ACTION: A motion was made by Bezdichek, seconded by Reed, to place on a future agenda for
action restoring two city council members as ex-officio members to the Hospital Board,Utility
Board and Swiftel Center Advisory Board. Di.rcu.r.rion: Mun.rterman noted that if the Council can continue to
con�ider the Swiftel Center is.rue and change it.r mind at the next meeting. All present voted yes;motion
carried.
6:00�.m. Meeting„ Review. Acting City Manager Lanning responded to questions pertaining to
the action items on the agenda.
Ci�y Clerk ReDOrt, Shari Thornes, City Clerk,provided a briefing on upcoming invitations and
obligations.
6:00 P.M. CITY COUNCIL MEETPNG
Consent Agenda: An executive session for contractual and legal matters was added to the agenda.
Action on bids for aerial lift truck for Forestry Department was removed from the agenda for action
� on March 24�'. Corrections were noted to Resolution No. 20-09 and Ordinance No. 05-09. A
motion was made by Bezdichek, seconded by Reed, to approve the agenda with the above
amendments,which included:
A. Agenda, as amended. •
B. Action on Resolution No. 20-09, awarding bids for airport snow plow.
Resolution No. 20-09
Resolution Awarding Bids on Brookings Regional Airport Snow Plow
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Whereas, the City of Brookings opened bids for the Brookings Regional Airport Snow Plow on
Tuesday, February 24,2009 at 1:30 pm at Brookings City Hall; and
Whexeas, the City of Brookings has received the following bids for the Brookings Regional
Airport Snow Plow:
Item#1: All Wheel Drive Medium Duty Snow-Removal Chassis:
We.rtman Freightliner,Marrhall,MN ,�'86,000.00
Great Plain.r International, Sioux Faldr, SD ,�'105,700.00
SanitationPmducts, SiouxFall,r, SD ,j106,750.00
Sheehan Mack Sale.r d�'Equipment, Sioux Fall.r, SD ,�1 G0,355.00
Item#2: Dump Body:
I�'/e.rtman Freightliner,Mar.rhall,MN ,�26,830.50
Sanitatron Product.r, Sioux Fall.c, SD ,�26,830.50
Great Plain.c International, Sioux Fall.r, SD ,/'27,635.00
Sheehan Mack Sale.r d�'Equipment, Sioux Falls, SD ,�27,635.00
Item#3: Material Spreader:
G�at Plain.r International, Sioux Falls, SD ,�12,916.00
Sheehan Mack Sale.r d�'Equipment, Sioux Fall.r, SD ,�'>2,916.00
W/estman F�ightliner,Mar.rhall,MN ,�13,991.75
Sanitation Pmduct,r, Sioux Fall,r, SD ,$13,991.75
Item#4: Snow Plows (Front,Wing&Underbody):
We.rtman Fieightliner,Mar.rhall,MN ,$25,335.75
Sanitation Product.r, Sioux Fald�, SD �'25,335.75
Gr�at Plain.r International, Sioux Fall.r, SD ,�29,989.00
Sheehan Mack Sale.r dr Equipment, Sioux Fal�r, SD ,�29,989.00
Total Base Bid (Items #1,2, 3 &4):
W/e.rtman Freightliner,Mar.rhall,MN ,�'152,158.00
Sanitation P�nduct.r, SiouxFalls, SD ,�'172,907.SS
Great Plain.r International, Sioux Falls, SD �'>76,240.00
Sheehan Mack Sales d�'Eguipment, Sioux Fall.r, SD �'230,895.00
Whereas, the low bid of$152,158.00 from Westman Freightliner was rejected because it did not
meet the minimum specification of the 18,000 pound fxont axle, and
Now Therefore,Be It Resolved that the low bid of Sanitation Products, Sioux Falls,SD, for the
Total Base Bid of$172,907.85 be accepted.
C. Appointment: Action to appoint Dain Arns to the Traffic Safery Committee as a citizen-at-
large position,term expiring December 31,2011.
D. Appointment: Action to appoint September Kirby to the Park&Recreation Board,term
expiring May 1, 2010.
E. Adopt City Counci12009 goals.
Goals for 2009 Strategic Plan
1) Air�ort site selection
Policv Sta.tement: Complete the FAA mandated dual track analysis to resolve the airport
runway issue by year-end to decide: 1) re-align the main runway at the current site;or 2)
relocate the airport to a proposed site southeast of Brookings.
Action Ste�s:
o Complete the FAA-mandated environxnental impact analysis.
o Hold necessary public hearings,provide public education on the issues.
o Select preferred site.
o Conduct financial analysis.
o Identify,begin property acquisition process for selected site.
o Begin development of Airport Layout Plan.
2) Storm drainage
Policy Statement: Complete the storm water management master plan,and identify and
. prioritize specific storm water management construction projects. Begin construction of
said projects.
Action Ste�s:
Prioritize 13 project areas pursuant to Masterplan (scheduled fox March 24).
o Develop long-range financing plan for all projects.
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o Select initial projects far storm dxainage remediation/correction.
o Revise design standards for detention/retention ponds.
o Begin property acquisition process fox initial project(s).
3) 34`"Avenue/20�'Street Imgrovement Project
Polic�Sta.tement: Complete the engineering feasibility study, and begin planning far the
construction of an upgrade to 34`�'Avenue, construction of 20�' Street extension, and an I-29
overpass for 20�'Street.
Action Ste�s:
o Form and intergovernmental committee consisting of city, county, township,and
business communiry representatives to provide oversight of the project.
o Bxookings County needs to enter pxoject area mileage into STIP needs designation.
o Identify parcels/property owners where right-of-way needs to be acquired.
o Lobby for state law changes to provide for transportation district.
o Prepare for 2010 construction of 34th (14-Prince and DOT signal changes).
o Develop district plan for the axea (34th, Swiftel/Larson Centers,DOT property,Wiese
Business Park,Tellkamp Industrial Paxk, future industrial e�cpansion area).
o Begin federal lobbying effort for Fedexal Highway Funding for project.
4) Railroad safet�crossings
Policy Statement: Improve the safety of all in-city railroad crossings with city streets
through short-term strategies that install quad-gates and other appurtenances at crossings;
medium-term sttategies that accomplish grade separation at intersections where possible;
and long-term strategies that accomplish a railroad by-pass around Brookings.
Action Ste�s:
o Continue long,intermediate, shott-term plans adopted in 2008.
o Apply to DOT for safety crossing for 22"d Avenue. (COMPLETED)
o Secure federal appropriation of$750,000 for safety improvements. (AWAITING
CONGRESSIONAL APPROVAL FROM THIS SESSIOI�
o Formalize schedule of subsequent crossing improvements.
o Establish City-County Ra.il Authority.
o Work with Canadian Pacific Railroad on Community Partnership Agreement
5) S�ace needs anal�sis
Polic�Statement: Address the projected space and building facility shoxtage identified in
the completed space needs study. This is to be accomplished by exa*n;ning: 1) expanding
current facilities,2) repla.cing current facilities,or 3) combining a new facility with
Brookings County.
�ction Stegs:
o Work with intergovernmental committee on comprehensive facility planning.
o Explore acquiruig/re-development Sawnee Hotel fox City Hall expansion.
6) Swiftel Center ex�ansion�roject
Policy Statement: Continue to analyze the potenrial/feasibility of expanding the Swiftel
Centex for convention, storage, and office needs as well as the possibility of parmering with
a private developer for an attached hotel.
Action Ste�s:
o Identify any additional information needed to consider the project.
o Final decision on build or no-build.
o If the decision is to build: Identify scope of proposed pxoject.
� - Contract with architect for design services.
- Begin recruitment efforts for hotelier.
- Secute County Resource Center space.
- Develop financing plan.
- Conduct public education efforts.
- Consider adjusting TIF district.
-If the decision is not to build: NO FURTHER ACT'ION NEEDED
7) Su��lemental is�ues
o Acquire DOT property for future commercial/retail development.
o South Fire Sub-station.
o Develop five-year staffing pxoject plan.
o Develop alternative budget scenarios for modified service levels.
o Program for downtown private xevitalization.
o Phase II bike lane designation on city street deterniination.
o Adaptive reuse jmodify Research&Technology Center.
o Create sustainability committee to analyze"green"and environmental issues.
o Make technological and"interactive" advancements to the website.
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Goal#1 �ualit�of Life
Strate�A (Bicycle-pedestrian friendly) Make the community more bicycle and pedestrian
friendly. Adopt plans to promote, encourage and construct bicycle lanes on certain streets
and continue the development of comprehensive bicycle-pedestrian pathway system that
connects neighboxhoods, schools,parks, SDSU and other civic and cultural amenities.
Strateg�B (Paxk system planning and development) Develop a park system master plan
which will guide the long-range development of the paxk system. The plan should be
consistent with the City's overall comprehensive plan. The plan should address means to
increase play at Edgebrook Golf Course. Identify physical unprovements to e�risting city
parks and trail systems and strategically identify locations for future parkland.
Strateg�C (Nature Park) Complete an adoptive xeuse plan to convert the old landfill into a
Nature Park Preserve Area.
Strate�D (Community wellness) Develop a community wellness initiative which forges
paxtnerships into a communiry grass-roots coalition designed to pxomote health and
wellness.
Strategy E (Education and literacy) Develop a community-based paxtnexship by facilitating a
redesign of educational systems to survive and thrive in a new economy to suppoxt the city's
investment in knowledge based economy (i.e. research park).
Strateg�F (Housing opportunities) Implement the recommendations of the housing study to
develop more diverse housing options to meet the needs of current and future residents.
Examine and address issues of neighborhood density and character. Continue to assess TIF
District housing policy.
S ate (Wi-Fi hotspots) Help facilita.te the creation of wireless districts in public areas,
paxks, and business areas.
Goal#2 Economic Develo�ment
S ate A (marketing,workforce development) Continue to support the mission and goals
of the BEDC and Vision Brookings.
Strateg�B (Retail development) BEDC and the City should partner on specific initiatives
designed to attract and retain zetail businesses.
Strategy C (Purchase property for futute development) Seek means to putchase or otherwise
acquire property that can be land banked for future resale to encourage commercial and
industrial development and investment.
Strateg�D (Road system into developing areas) The City should continue efforts to
strategically identify and construct future street systems to help develop industrial paxks or
other commercial corridors.
Strateg�E (State property acquisition) Continue to monitor opportunities for the acquisition
of the state DOT parcel as a means of land banking for future retail/commercial
development (Specific strategy to Strategy C).
Strateg�F (Rail Authority membership) Obtain membership on the Btookings Rail
Authoriry to use as a means of impxoving rail service and safety.
Strate (Transportation funding legislative changes)Lobby for legislative changes that
provide local option funding mechanisms to meet local transportation challenges.
Strateg�H (Downtown) Work with BEDC/DBI to develop a district plan for the Central
Business District that private development,rehabilitation, and reinvestment in commercial
property; and expands residential opportunities and historic preservation.
�oal#3 Partnershi�s
Strategy A (I-29 business clusters) Promote the development of industry clusters along I-29
among communities in proximity to the interstate. Develop specific strategies for regional
economic development.
Sttateg�B (SDSL� Continue to collaborate with SDSU on mutually beneficial projects and
programs that may develop from time to time.
Strateg�C (Intergovernmental relations) Maintain ongoing intergovernmental rela.tionships
and develop partnerships with state and federal legislations,SDSU officials, SDSU student
association, school board, county boaxd and township board officials.
Goa1#4 Fiscal Res�onsibilit�
trate A (Reserves) Continue the practice of officially dedicating undesignated reserves for
specific projects.
Sttateg�B (Debt levels) Sttategically schedule issuances of debt so their placement
accomplishes the highest level of prudent capital investment while maintainuig the highest
level of financial stability.
ate C (Core Services Plan) In light of cuxrent economic and fiscal constraints, staff shall
develop optimal budget scenarios describing basic or`core' services in addition to the
traditional budget proposal. Such format shall follow outcome based performance
budgeting parameters.
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Strateg�D (Subsidy Fundingj Ciry shall notify subsidy recipients early in the budget process
that a policy limiting subsidies to current year's levels will guide final budget decisions,past
funding is not guaranteed, and awarded amounts may be adjusted during the year.
Goal#5 Governance
Strateg�A (Budget development) Implement initiatives designed to solicit and secure public
input through public forums on performance based budgetary issues and spending priorities.
Strateg�B (Public education, openness in government) Implement initiatives to inform and
educate the public about the woxkings of their city government through various mediums
such as website, cable TV, surveys and newsletters.
Strateg�C (Council training and development) Provide training opportunities such as the
National League of Cities Conferences, South Dakota Municipal League and others that
invest in elected officials' education and training.
F. Action on an appropriation for powntown holiday decorations. Acrion to authorize use of
contingency funds for purchase of holiday decorations in the amount of$14,635 from Wayne
Mfg. of Chariton, Iowa.
G. (REMOVED FROM AGENDA/RESCHEDULED TO MARCH 24)Action on bids for
aerial lift truck for Forestry Dept.
H. Action on Resolution No. 21-09, STP-U=ban System Priority List.
Resolution No. 21-09 - STP-Urban System Prioriry List
WHEREAS,the City of Brookings has designated certain streets to be included in the STP-
Urban System of Streets as defined by the SDDOT;and
WHEREAS, the SDDOT has designated certain funds, Federal and State to be used for
construction,reconstruction and major xepait of the STP-Uxban System Streets;and
WHEREAS, the City of Brookings has been xequested to establish a priority list of projects to
be considered fox funding by the SDDOT;
NOW,THEREFORE, the Ciry of Brookings hereby resolves that the following projects be
considered in the oxdex listed:
Prioriry Bid
No. Pro�ct Location Year T�e of Work Leng�h ini., r�st
1. 34�'Ave from
US 14 to Prince Drive 2010 Grading, Curb & Guttex, 0.7 $1,250,000
2. Medary Ave. S. from
20�'St. S. to 32"d St. S. 2012 Milling&Asphalt Overlay 1.6 $1,000,000
&Pavement Maxkings
I. Action on Resolution No. 22-09, Resolution Directing Preparation of Assessment Roll,
Dividing Assessments Into Installments,And Providing For the Collection Thereof For
Sidewalk Assessment, Project 2008-01SWR (2008 Sidewalk Repairs).
Resolution No. 22-09
Resolution Directing Preparation Of Assessment Roll,Dividing Assessments Into Installments,
And Providing For The Collection Thereof For Sidewalk Assessment,Project 2008-01SWR
(2008 Sidewalk Repairs)
BE IT RESOLVED by the City Council of the Ciry of Brookings, South Dakota,as follows:
1. More than twenty days have elapsed since the adoption and publication of Resolution No.
47-08, a Resolution Deternin;ng the Necessity of Repairing or Installing Sidewalks for Sidewalk
Assessment Project No. 2008-01SWR. The referendum has not been invoked,and no written
protests against the making of said improvement have been filed with the City Manager.
2. A contract for Sidewalk Assessment Project No. 2008-01SWR has been duly executed,and
the City Council is authorized to levy special assessments pursuant to the provisions of chapter
9-43, SDCL 1967,as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made and filed in
City Hall showing the total cost of said improvement as follows:
Contract price $31,166.45
315
Engineering,inspection, fiscal,
legal expense,publication 403.90
Total Expense $31,570.35
4. The total cost of said impxovement shall be paid as follows:
City Repair Costs $24,434.80
Assessable costs $ 6,731.65
5. There shall be made and filed in the office of the City Clexk an assessment xoll for said
improvement. The assessments shall be on the basis o£benefits upon each lot or tract of land
contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments for all amounts ovex
$300.00. For amounts of$300.00 or less, the entire assessment shall be due.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City
Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967,as
amended.
8. The interest rate to be borne by the unpaid installments of the special assessment is ten
percent (10%).
J. Action on Resolution No. 23-09, Bridge Reinspection Program Resolution For Use With
SDDOT Retainer Contracts.
Resolution No. 23-09
Bridge Reinspection Progxam Resolution fox Use with SDDOT Retainer Contracts
Whereas,Tide 23, Section 151, United States Code and Title 23,Part 650,Subpart C, Code of
Federal Regulations,requires initial inspection of all bridges and reinspection at intervals not to
exceed two years with the exception of reinforced concrete box culverts that meet specific
criteria. These culverts are reinspected at intervals not to exceed four years.
Therefoxe, the City of Brookings is desisous of participating in the Bridge Inspection Program
using Bridge Replacement funds.
The City of Brookings requests SDDOT to hire Clark Engineering Corporation (Consulting
Engineers) for the inspection work. SDDOT will secure federal appxovals,make payments to
the Consulting Engineer for inspection services xendered,and bill the City for 20%of the cost.
The City of Brookings will be responsible for the required 20%matching funds.
There axe a total of four (4) bridges in the City of Brookings,South Dakota that require
inspection.
On the motion, all present voted yes;motion carried.
Ordinance No. 05-09—Ultimate Fighting: A motion was made by Reed,seconded by
McClemans, to approve Ordinance No. 05-09, an ordinance regulating ultitmate fighting contests in
the City of Brookings, South Dakota.
Di.rcu.r�ion: Jenny Hammrich,Saviftel Center r�pre.rentative, noted change.r to the Ordinance.rince the firrt reading
rvith r�.rpect to liability coverage and the.ranctioning language. The Center'.r in.rurance coverage doe.rn't requfre that
promoter obtain parZicipant coverage liability becau.re it u�ould be too ca.rt pmhibitive. She fr�rther noted that there i.rn't
a,ranctioning body in South Dakota for the.re type,r of events City Attorney Brit.�nan noted that he prepar�d the
propo.red change.c to the ordinance.
Mun,rterman gue.rtioned if the participant liability was a co.rt factor to the j�mmoter. Hammrich.raidye.r. He a.rked
what the indu.rtry standard wa.r. She didn't knou�
BritZrnan.raid he ha.r had an opportunity to vi�it avith Tom Bichter, Srviftel Center Executive Di�ctor, abaut the.re
event.r and there a�.rome other i.crue.r to conrider becau.re we don't have all the anformation of variou.r leve�r of these
event.r. Nationa!televised event.r have d�e�nt leveLr of liability protection a.r.rociated zvith them and tho.ce have an
adeguate r�venue,rtream to demand it. Smaller event.c have coverage of rvhat tho.re people a�u.red to rvorking with for
co.ct.r. At the.rmaller level the prnpo.red coverage i.r co.rt prohibitive. He noted that.rome of that information sva.rn't
inve.rtigated beyond the in�iut f nm fome contact.c and the pmmoter.
� 16
Mun,rterman rugge.rted that there mu.rt be.rome type of credentialing organitiation that recommend.r in.rurance coverage
forpotential ri.rk. Hammrich.raid the Compa.r.r corporate o�ice requiresgeneral liability coverage of,�'2 million.
Ther�i.r no.ranctioning organitiation for these event.r. The Center would not be dorvering the general liability coverage
that cover.r.cpectator.r Participant.r for variou.r event.r, .ruch as rodeo, .rign a waiver holding the Center and the City
harmle.r.r.
Brit�nan nnted that the pmpo.red Ordinance would cover the.re event.r at other location.r in the City and not ju.rt the
S�viftel Center.
Munsterman e.xprer,red concern that these euents don't have certificd or licensed of'icials and there's no real contml.
Hammrich.raid the o�'zcial.r ar�certified by the pmmoter(Fury Inc.)and must follow their rrtle.c for r�fe�e.r.
Aeed.raid that '.ranctioning body by any national organiZation'i.r noted in the ordinance, but in fact then i.rn't a
.ranctioning bndy. Hammrich said there i.r not a.rport.c commi.rsion in South Dakota. Iowa ha.r a.ranctroning body,
but�feree.r arerr't r�quir�d to be certified and participant.r a�n't r�quired to obtain�iarticipant in.rurance. Fury Inc.
follows UFC rule.r, but the UFC i.rn't tracking their compliance.
Mun.rterman r�iterated hi.r concern forlack of over.right in that the pmmoter train.r the refer�e.r with their own ruk.r and
there's not a nationa!criterion, credentiading�imce.r.r, or di.rciplinary action. Hammrich commented that the Center
doe.rn't allow event.r back in itr faciditie.r if the event.r ar�deemed un.rafe or illegal.
He a.rked for more information about the partfcipant waiver. Brit�nan.raid the pmmoter develo�ied lvaiver form and
he ha.rn't evaluated it. The City ha.r it.r own waiver. He rroted that the pmmoter waiver i.rn't intended to protect the
City becau.re the City i.rn't.ranctioning that.rpecifzc event and i.rn't involved in the pmce.rt. It would be impos.�ble to
ident�all.pecific cin�trm.rtance.r for each event to be included in a waiver. The waiver i.r to pmvide adequate notfa of
ri.rk.r artd make it clear the participant har read and svaive.r claim.r again.rt the pmmoter or otherpartie.r. He hasn't
evaduated the form, but wouldn't�dy on a promoter'r waiver.
Bartdey noted that a particrpant waiver doe.rn't include if the Center doe.r.romething un.rafe. He a.rked if the�'2
million general liability dimit rva.r high enough.
Reed asked Brit�nan�vhat.cource.r wtre u.red to u�rite the ordinance. BritZman reviewed South Dakota Ordinances,
but found a mode!in Isrdiana the mo.rt u.reful.
Brunner noted that numemuf�irojio.ral.r have been made to c�ate a.rport.r commi.r.rion, but have failed re�ieatedly.
Beed a.rked if the original.rection.r n�eerr put back into the ordinance, rvould it force the prnmoter to be.rancttoned by the
UFC. Ye.r. I.r it po.rrzble for the pmmoter to gain IJFC.ranctioning� Unknown.
BeZdichek.raid he want.r tn see thi.r ordinance.ro firohibitive and eac�en.rive, that there's no�vay the�immoter can cnme
her�.
Munrterman a.rked�vhy Section 10-6C(4)1va.r omitted. BritZsnan.raid it�va.rn't con�i.rtent with rule.r for conduct of
the event becau.re certain.rtrike.r to head arr permitted. Mun.rterrnan arked horv�ve knou�that is a.ranctioned
definition. Brit�nan.raid the pmmoter e.rtabli,rhe.r the rule.r.
Bartley commented under the `rule.r e.rtablirhed'.rection of the Ordinana,Fury Inc. it the.ranctioning body by.relf-
definition could occur. Thi.r doe.rn'tguarantee follorving a standard becau.re ther�i.rn't one.
Keed.raid a.ranctioning body removes/lowers diability because they develo�i the rule.r. Ho�vever, the section of that
ordinance i.r a mockery. He.rugge.rted tabling the i.csue until ther�could be mon an.riverr abosrt the.ranctioning body.
ACTION: A motion was made by Reed,seconded by McClemans,to table. All present voted yes;
motion carried.
Annual Financial Re��ort. Pursuant to SDCL 9-22-21,Rita Thompson,Finance Manager,
presented the 2008"Unaudited"Annual Financial Report for the City of Brookings. No action was
taken.
Brookin,gs Area Transit Authoritv. Lanning introduced the topic to the Council. The Brookings
Area Transit Authority (BATA) has an opportunity to receive federal transit funds for construction
of a new ttansit faciliry. BATA has been working with staff on potential site locations. The City of
Brookings owns a 1.7 acre parcel in the Te]kamp Industrial Park abutting Prince Drive and 34�'
317
Avenue. Staff initiated discussions with the adjacent property owner to gauge their level of interest
in a land exchange for another city-owned parcel north of the property owner. The private owners
were not interested in a land exchange. Staff also discussed the riding area east of the Larsen Ice
Arena as a possible location. BATA indicated the site was not desi�able as it displaces the riding
area,which serves 4-H events as well as events at the Swiftel Center. Lanning said staff is seeking
council direction in a location and the intent is to prepare a land lease agreement for council review
and approval at a future council meeting.
Brenda Schweitzer, Executive Director of BATA,was presented and offered to respond to Council
questions.
Di.rcu.rnon: Brunner a.rked about the po.rsibility of sr.ring both of tho.re parcel.r, u.ring one area for a future park �'
rzde and bu,r line location. SchweitZer.raid the challenge rvould be having enough land ta encompa.r.r fiitur�need.r and
uring the opportunity of the fund.r available nosv. The land to the north doesn't have utilitie.r, but it ha.r po.r.ribilitie.r
and.rhe wouldn't ds:rcount it a.r an option.
Keed a.rked if the 1.7 acre parcel at the.routhern ea.rt end�va.r enough to get.rtarted. Sch�veitZer.raid ye.r, but it i.r land
locked. It'r not a.r convenient ar the previou.r location. She.raid not that it i.rn't po.r.rible, but.rhe i.r looking at a long ,
term plan tn develop a tran.rit center for Bmoking.r.
Bartley a.rked if County ha.r addr�s.red the cur�nt facilitie.r need.r. Sch�veitZer.raid no, it'.r.rcheduled for di.rcu.crion next
week.
Bartdey e.�re.rsed concern that the Counci!ha.rn't.reen a formal long-term plan or need.c a.r.re,r,rment from BATA that
can be u.red to ju.rt�it.r future needf Schsveittier,raid BATA i.r in the�iroce.r.r of rvorking with a con.rultant on
bu�zne.r.r plan, but a formal pre.rentation i.rn't compdete. She noted that thi.r funding opportunity came up.ruddenly
�vith a.rhort timeframe and BATA i.r trying to re.rpond quickly.
Sch�veit�er ha.r di.rcu.r.red the.ru.rtainability i.crue uath State De�iartment of Tran.cportatron per.ronnel r�lated to
additional space, heat, mechanic'r rseed.r, etc. She noted that riderrhip i.r up 3S%overpr�viou.ryear. Thegrant would
pay}'or not ju.rt the building, but.rite work, infra.rtrr�rctu� (i.e. acce.r.r to utiditie.r, rvithin rea.ron), and equipment.
The�z'.r,$2.5 million availabde for Bmoking.r. There'.r not a.rpecific con.rtruction e.rtimate a.ryet because BATA�vill
zvork with whatever land i.r available.
Steve I�ame.r, BATA Director, .raid he e.xpect.r the facility to be twice the current�i�e, e.rtimating co,rt at,8'850,000 to
,�'1 midlion. Bame.r ad.ro a.rked about land.rwap option.r in the area.
Brrrnner a.rked if an increa.re ridership would mean more func�r available to BATA. Schweittiir.raidye.r, the state
receive.r all federalfund.c and BATA i.c a.rubgrantee, but there a�incentive func�r available to mo�z aggn.r.rive
pmgrams:
Whaley a.rked if there wa.r conren.ru.r to move forlvard on the two parcel.r. She a.rked Schu�eittier if BATA tvould
accept the t�vo parcel.r if o�ered. Schu�eittier said that BATA wouldn't turn dosvn the o�'er. Once the amount of land
i.r determined, .rhe would svork with the.rtate to line up the funding and would�vork�vithin tho.re mean.r ret a.ride. The
.rtate rvill allocate fund.r to be.rt potential u.re.r and that include.r tran�it facilities away from the bu.r barn type;however,
there may be.rome r�.rtriction.r on ae.rthetac.r.
Bartley a.cked ifADA compdiant bathroom.r would be r�qui�zd at the park and ride facility.
ACTION: A motion was made by Wl3aley, seconded by Bninner,to direct staff to prepare a land
lease agreement for BATA on both parcels located in the Te]kamp Indu.strial Addition on 34`�
Avenue and Prince Drive, for action on both leases at the next meeting. All present voted yes;
motion carried.
Board of Regents MOU. A motion was made by Brunner, seconded by Whaley,to appzove a
Memorandum of Undexstanding between the City of Brookings and South Dakota Boatd of
Regents regarding the Innovation Campus. All present voted yes;motion carried.
MEMORANDUM OF UNDERSTANDING
By and Between the City of Brookings,a South Dakota municipality,
and the South Dakota Board of Regents
WHEREAS,in furtherance of the development of the South Dakota.State University Innovation
Campus, a university-related research paxk operated pursuant to a ground lease with the South
Dakota Board of Regents by the South Dakota State University Growth Partnership, the City of
31 �
Brookings has undertaken to finance (see Exhibit A), to construct and to maintain necessary
infrastructure; and
NOW THEREFORE, the parties do hereby agree that the Ciry of Brookings and the South Dakota
Board of Regents have a common interest in the successfizl development and operation of the South
Dakota State University Innovation Campus and that it is in their mutual interest to insure that both
parties have the opportunity to advance theix interests in the event that a successox to the Growth
Partnership is required, thus,the parties hereby agree to rnutually undertake the selection and
engagement of a successor for a ground lease in order to further their common interest.
EXHIBIT A
INFRASTRUCTURE COSTS INCURRED FOR THE SDSU INNOVATION CAMPUS
Pursuant to the approved development plan, infrastructure improvements include: Streets, curb and
gutters; sidewalks; storm drainage systems; natural gas distribution systems; sanitary sewer systems;
water distribution systems; fire protection systems; landscaping; electrical systems; streetlighting;
signage and telecommunications systems.
Estimated cost of above impxovements prior to bidding: $4,215,850. The estimate will be replaced
with the actual contract amount when a construction contract is awarded by the Brookings City
Council.
Annual Regorts from City Boards, Committees & Commissions. The Council was presented
with the 2008 annual reports from its citq boards, committees and comtnissions. A motion was
made by Bartley, seconded by Whaley,to accept the reports. All present voted yes;motion carried.
Executive Session. A motion was made by Reed,seconded by Whaley, to enter into Executive
Session at 7:12 p.m. to consult with legal counsel for contractual and legal mattexs with the Council,
Cit�T Attorney,and Acting City Manager present. A motion was made by Reed, seconded by Whaley,
to exit Executive Session at 7:47 p.m.
Adjourn• A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:47 p.m.
CITY BROOKINGS
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y;j''����� �T o.� Sco unsterman,Mayor
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o;. W�° �'�
G>'•, �•'.�
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hari Thornes,City Clerk