HomeMy WebLinkAboutCCMinutes_2009_04_28 344
Brookings City Council
April 28,2009
The Brookings City Council held a meeting on Tuesday,April 28,2009 at 5:00 p.m., at City Hall
with the following members present: Tim Reed, Ryan Brunner,Mike McClemans,Tom Bezdichek
and Mike Bartley. City Manager Jeffxey Weldon, City Attorney Steve Britzman and City Clerk Shari
'I'hornes were also present. Mayor Scott Munsterman and Council Member Julie Whaley were
absent.
Pandemic Pre�aredness Coordination Committee U�date. Bob McGrath,Di�ector of Solid
Waste and Deputy Health Officer,provided the Council with an update on Committee activities and
responded to questions.
The Governor held a summit in March 2006 and communities could apply for funding starting in
Apri1200G. Brookings identified the following as "cooperative partners" for the grant application:
Brookings Health System, City of Brookings,Brookings County, SDSU and the American Red
Cross—Brookings County Chapter. They then identified the following sectoxs of the community
that should be actively involved: Health Care,Public Health, Government,Schools, Critical
Infzastructuxe,Industry&Business,Volunteer&Faith Based Organizations, and Individuals&
Families.
The Brookings community applied for five grants with the Brookings Health System as the lead
agency,Allan Miller as coordinator,to develop a"County Wide Response Plan." The following
subcommittees were established with specific pxojects listed for each: public Education,Mass
Fatality, Supplies,Heath Care Sector, Special Populations (Special Needs),Exercises and Training,
Volunteer&and Faith Based Committee.
CitX Council Member Vacancy-Ag�licadon Process. On May 12�', Council Member Tim Reed
will resign his position as city council member and be sworn in as Mayor. The City Charter provides
guidance with respect to vacancies on the Council. In addition,in 2003 the Ciry Council adopted a
policy which established more detailed procedures in the event a nacancy occurs on the Council.
Accordingly,a draft process and timeline was prepared for the upcoming vacancy including a press
release, application form. Proposed pxocess &timeline:Apri128-Discuss Pxocess,Apri129 -Press
xelease advertising vacated council seat,May 12-receive xesignation lettex effective that day,May 12
-Tim Reed takes Oath of Office as Mayor,May 19—Deadline for applications,May 26-Applicants
Provide Comments to City Council during open meeting,May 26-Action to appoint Council
Mem.ber,June 9`�-Tim Reed absent for Council meeting,June 23 -New council member takes
Oath of Office. There was consensus to proceed with the plan as proposed.
�J�date and Public Hearing on SDSU Bike Route and One-Wav Sueet Plan. Jackie Lanning,
City Engineer,reviewed the Traffic Safetq Committee's recommendations on the pxoposed bike
route options,which in summary was to continue to allow parking on the effected streets and utilize
sharrow lanes. On the one-way issue,the Committee recommended removing parking but to keep
the traffic two-way. They did discuss removing parking during cextain hours of the day.
She has received several calls from citizens expressing concern about losing parking.
Deputy Mayor Reed opened discussion for public testimony on a street-by-street basis.
The following clarifications were made by Lanning. In the 12�'and 13�'Avenue area,the street is
not too narrow for sharrows. It is too narrow for an exclusive lane. Parking is only on one side of
the street and the proposal is to continue with paxking on one side and the sharxow lane on the
other side. There are no other one-way streets in town other than downtown alleys. Typically a
one-way is used to carry traffic down a collectox street. Twelfth Avenue at the Universiry is
permanendy closed.
8th Street. Shirley Nel.ron, 910 8`b Street, tva.r not again.rt the bike trail but iva.r concerned about pmperty value.r in
the area and 1»arking forguests and setrrice vehicles to her house.
3'�Avenue: PaulMoriarty.f'elt the parking.rhould be r�tained at recommended by the City Engineer. Chris
Daugaard, Studext Senate, noted that thi,r�va.r the one.rttr�et that wa.r�vide enough that rvould not be a�ected by a
rhared lane andparking�vould not be impacted. PaulMoriary al.ro.rugge.rted the trail connect to Sexauer Park.
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11`�Street.• Scott Pederratz, 1035 Circle Drive,felt that the corner svhe� 11`J'Str�et abut.r Medary Avenue i.r
dangerou.r. M.K Hugghin.r noted where parking i.r located in the area. Paul Moriarty wa.r in favor of keeping
parking the,rame.
Medarv Avenue: Paul Moriar y.raid the Art Mu.reum need,r adjacent parking for elderly patronr.
12`g d�' 13'b Avenue,f�nm 6'h Street to 8`h Street.• Brad Bonde ozvns a hou.re on the corner of 12'b Avenue and 6td
Str�et with no alley acce.r.r. He i,r in favor of one rvay but i,r concerned about takinp away parking becau.re their lot
doe.rn't have alley acces.r. Al.ro, any parking removed near the univer.nty i.r a concern, .ro he like.r to.ree the parking
retained.
Paul�J>, 610 12`b Avenue, has a.ringle car driveway and no alley acce.r.c and e.xpre.r.red concern about doring
parking and the one-way pmpo.ral.
C1�Chandler, 617 12'b Avenue, thinks bike lane.r an u�onderfud and al.ro think.r the one-way rvith noparking i.r a
good idea, because his driveway i.r aften blocked by card.r. He.rugge.rted no parking frnm 7 am to 4 pm and open on
weekend.r and evening.r.
Johnny Nedron, 625 12`b Avenue, wa.r oppo.red to the one-svay tra�"zc. He ha.r lived there manyyear.r and the bigge.rt
pmblem i.r parking with blocked driveway.r and was in favor of eliminatirrg parking He i.r concerned that one-way
tra�'ic�vould re.rult in increa.ced alley tra�c and carr already go thmugh the alley.c too fa.rt. He'd p�fer two-way tra„�"zc
and no parking or limited time parking. He.rugge.rted the Univer�ity.rtudent.r that live adong that area have.rticker.r
that de.rignate.r that it'.r okay for them to park ther�.
Council Member Betidichek noted that Lead and Dead�vood i.r.rue parking permits to rerzdent.r and they can a1.ro
obtain uisitorpermit.r when gue.rt.r park in fmnt of their hou.re.
Public hearing clo.red.
A motion was made by Baxdey, seconded by Brunner, to approve the area from Medary to 8�'Street
and 3`�Avenue to 11�' Street as recommended by the Traffic Safety Committee,which is to retain all
parking as currendy provided and designate a`sharrow'bike lane. All present voted yes;motion
carried.
A motion was made by Bartley, seconded by McClemans, to table action on the 12�'and 13�'Avenue
proposal for one-way traffic and xemoving parking for further staff resea.rch. All present voted yes;
motion ca.rried.
6:00 P.M. REGULAR MEETiNG.
Consent Agenda. A correction was noted for Resolution No. 37-09. A motion was made by
Brunner, seconded by McClemans, to approve the agenda with the above amendments,which
included:
A. Action to approve the agenda as amended.
B. Action on May committee appointments.Judy McLaughlin was appointed to the
Brookings Airport Board with a term expiring May 1,2014. Kim Wells was appointed to the
Brookings Committee for People who have Disabilities with a texm expiring May 1,2010.
Joel Vargas was appointed the Human Rights Committee with a term expiring January 1,
2010. Ashley Kuecker was appointed to the Human Rights Committee with a term expiring
May 1, 2010. June Eng was appointed to the Park&Recreation Board with a term expiring
May 1,2014. David V. Eggers,D.C.was appointed to the Park&Recreation Boaxd with a
term expiring May 1, 2014. Dave Leiferman was appointed to the Park&Recreation Board
with a term e�cpixing May 1,2010. Kaitlin Kwasniewski was appointed to the Patk&
Recreation Board with a term expiring May 1, 2010. Carol Rettkowski was appointed to the
Traffic Safety Con�unittee with a term expiring December 31,2011. Rob Peterson was
appointed to the Visitor Promotions Committee with a term expiring January 1,2012. Gail
Robertson was appointed to the Utility Boaxd with a term expiring May 1, 2014.
C. Action on Resolution No. 35-09 declaring surplus propeny- One (1) 1994 Bobcat
Skid Steer Loader.
Resolution No. 35-09 -Declaring Surplus Property
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WHEREAS,the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Street Departtnent: One (1) 1994 Bobcat Skid Steer
Loader, Serial Number 512811052.
WHEREAS,in the best financial interest,it is the desire of the City of Brookings to sell
same as surplus property;
WHEREAS, the City Manager hereby authorized to appoint three qualified appraisers to
appraise the value of the property;
NOW,THEREFORE,BE IT RESOLVED by the governing body of the City of �
Brookings, South Dakota, that this property be declared surplus property according to
SDCL Chapter 6-13. The 1994 Bobcat Skid Steer Loader will be replaced with a new S300
Bobcat Skid Steer Loader with Upgrade of A91 Auxiliary High Flow Option.
D. Action on Resolution No.36-09 designating Pioneer Park from July 8 July 13th for
the Summer Arts Festival.
Resolution No. 36-09
A Resolution Authorizing the Brookings Summer Festival
Comtnittee to Have Exclusive Use of Pioneer Park
WHEREAS,the Brookings Summer Arts Festival will be held in Pioneer Pa�k on July 8-13,
2009,and
WHEREAS,the Summer Arts Festival Committee has requested the exclusive use and
control of Pioneer Pa.rk and its facilities for said festival,plus additional days for preparation
and take-down,and
WHEREAS, the Summer Arts Festival Committee will pxovide evidence of liability
insurance coverage including the City o£Brookings as named insured,and
WHEREAS, the Summer Arts Festival Committee has agreed to accept responsibility for the
conduct di the Summer Festival on said premises,now therefore,
BE IT HEREBY RESOLVED,that the use of Pioneer Park and its facilities as a public park
shall terminate for the period of July 8 through Ju1y 13, 2009.
BE IT FURTHER RESOLVED,that the City Council does hereby grant the exclusive use
of Pioneer Park and its facilities during the Brookings Summex Arts Festival to the Summer
Arts Festival Committee.
FURTHER, IT IS RESOLVED, that the Summer Arts Festival Committee shall be
responsible for ma.intaining said facilities and cleaning them and returning them to the City
of Brookings in good condition following the festival.
E. Action on Resolution No. 37-09 awarding bids for 2009-06STI Clup Seal Project.
Resolution No. 37-09
Resolution Awarding Bids on Project 2009-06STI-Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2009-06STI Chip Seal Project on
Tuesday,April 21,2009 at 1:30 pm at Brookings City Hall;and
Whereas,the City of Brookings has xeceived the following bids for Project
2009-OGS1'I Chip Seal Project: TopKote,Inc., Yankton,SD-,�187,800.00 and Bituminous Pavitt�
Inc., Ortonville,MN-,�'281,100.00
Now Therefore,Be It Resolved that the low bid of Top Coat, Yankton, SD for the lorv bid of
,5187,800.00 be accepted.
F. Action on Resolution No. 38-09 awarding bids for 2009-02STA Street Assessment
Project.
Resolution No. 38-09
Resolution Awarding Bids on Project 2009-02STA
15�'Street South,Camelot Drive and Christine Avenue Assessment Project
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Whereas, the City of Brookings opened bids for Project 2009-02STA 15`�Street South,
Camelot Drive and Christine Avenue Assessment Project on Tuesday,Apri121,2009 at 1:30
pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2009-02STA 15`'' Street South, Camelot Drive and Christine Avenue Assessment Project:
Bowe.r Con.rtruction, Inc., Brooking.r, SD, ,d'171,684J1
Now T'herefore,Be It Resolved that the low bid of Bowes Construction, Inc.,Bxookings,
SD, fox$171,684.71 be accepted.
G. Action on a request from Richard Schardin to abate a portion of the 2008 property
taxes in the amount of$117.68 for a mobile home located at Western Estates Lot 714.
County Assessor recommends approval.
H. Action on a request from the City of Brookings to abate a portion of the 2008
property taxes in the amount of$707.36 for property located at SE1/4, except S6R of
SE1/4 SE1/4 SE1/4, and SE1/4 SWl/4 21-110-50 (90 acres/Nichols Land). County
Assessor recommends approval.
I. Action on a request from the City of Brookings to abate a portion of the 2008
properry taxes in the amount of$17.72 for property located at W25' of S105' of Lot 8,
Block 2, First Addition, also known as 5013`�Street (Law Office). County Assessor
recommends approval.
J. Action on a request from the City of Brookings to abate a portion of the 2008
property taxes in the amount of$502.91 for property located at Lot 1, E10' of Lot 2,
Block 13, East Acres 2°d Addition, also known as 2150 Derdall Drive. County Assessor
recommends approval.
K. Action on a request from the City of Brookings to abate a portion of the 2008
property taxes in the amount of$887.15 for property located at Lot 15, Block 12, East
Acres Second Addition, also known as 3G8 22°d Avenue South. County Assessor
recommends approval.
L. Action to approve a Preliminary Plat of Lots 3A—11A,Nelson Eighth Addition.
On the motion, all present voted yes;motion carried.
18`Reading- Ordinance No. 11-09. First xeading was held on Ordinance No. 11-09,an Ordinance
Amending the Zoning Oxdinance Pertainuig to the Defuiition of a Public Transporta.tion Facility in
the City of Brookings, South Dakota. Public Hearing.•May 12, 2009
1°`Reading—Ordinance No 12-09 First reading was held on Ordinance No. 12-09: An
Ordinance Amending Chapter 72,Storm Drainage, of the Code Ordinances of the City of
Brookings Pertauung to the Storm Drainage Fee with Certain Amendments Thereto. Public Hearing.•
May �2, Zoo9
2°a Readin�;- Ordinance No 10-09 A motion was made by Brunner, seconded by Bardey, to
appxove Ordinance No. 10-09, an Oxdinance Requiring Sanitary Conditions for Animal Dwellings in
the City of Brookings,South Dakota.All present voted yes;motion carried.
Resolution No. 39-09—TID #1 Project Plan. A motion was made by Bartley, seconded by
Brunner, to approve Resolution No. 39-09,a Resolution Approving Tax Incremental Project Plan
Number One (TID #1) for the Innovation Campus. All present voted yes;motion carried.
Resolution No. 40-09— SDSU S�nage. A motion was made by Brunner, seconded by
McClemans,to approve Resolution No. 40-09, a Resolution for Approval of South Dakota State
University Vehicular Wayfinding Plan. All present voted yes;motion carried.
Air�ort Project- Helms &Associates Conuact Amendment. The Citq Council discussed a
proposed amendment to the consulting contract for Airport Envitonmental Assessment with
HELMS&Associates. Jeff Weldon reported that the draft Environmental Assessment(FA)
document is neaxly completed by consultants Helms and Associates and sub-consultant HNTB.
� � �
Dwing the past several months, the consultants have been gathering information and revising the
Draft Environmental Assessment document. This document must include all of the information
requixed by the FAA before it is xeady to go to public xeview. The draft EA encompasses detailed
environmental information for both the runway realignment project at the current airport site as well
as the new airport site in Trenton Township. There has been iengthy discussion with FAA and
other agencies regarding certain key issues in the document,namely,wetlands and the Topeka
shinex. Early in the process,it was likely that one of the options would not be a viable option.
However, as the study has progressed,both options are still under consideration.
The comple�city and length of the Draft EA has taken much greater time for the consulta.nts to
complete the document. Helms and Associates have submitted Amendment Number 2 to the
Agreement for Professional Services for the Dual Track Environmental Assessment Project,AIP
#3-46-0005-18-2006, for consideration. The amendment outlines the additional meetings and tasks
that have been necessary for the completion of the document. The amendment also includes the
upcoming meetings,which axe: Two Ai�port Boatd Meetings,Two City Council Meetings,Public
Open House,Public Hearing, and Second Council Meeting(vote).
Repxesentarives from Helms and Associates and HNTB Corporation provided the following
presentation and xesponded to questions.
Andy Olson, Senior Aviation Planner from HNTB presented the Brookings Regional Airport Dual
Track Process Update dated Apri128,2009. Cuxrendy, there are two alternatives undex
consideration: reconfigure the existing airport or move the airport to Trenton Township. Both
alternatives have pxos and cons. The On-Airpoxt (e�stin� has more environmental impact. The
Off-Airport is more financially uncertain. A preferred alternative has not yet been chosen.
The current airpoxt has incompatible land uses off the existing runway protection zone which is a
safety and funding issue that needs to be addressed. Thete is a non-sta.ndard runway intersection
which is a safety issue. Where the two runways intersect thep do not overla.p,but are very close.
1"his could result in a situation where a pilot intending to take off on the longer runway could
accidentally be taking off from the shorter runway without knowing it. The current runway is 5,231
feet long. Based on current and future fleet mixes, 6,000 feet is needed to uphold the fleet capacity.
Additionally,wildlife attsactants need to be mitigated to the extent pxacticable.
The airport needs cannot be met on-site without significant reconfiguration. Due to this, a decision
was made to do a comprehensive new airport site study while at the same time studying the on-
airport solution. That study process was called the"Dual Track Process." The two alternatives that
resulted from the process are now under consideration.
BKX expansion alternative (on-airport) has the following pros: keeps airport at same location;is
compatible with e�usting land use plans;would not require a complex land purchase and
redevelopment process;and existing airport buildings (public and private) can still be used.
BKX expansion altemative (on-airport)has the following cons: has an unpact on wedands,
floodplain and the floodway;Six Mile Creek is identified as typical Topeka Shiner minnow habitat;
will xequire the telocation of one residence;and a portion of the on-airport Bxookings Municipal
Utilities facilities would need to be relocated off-airport.
New airport alternative (off-airport) has the following pros: xelocates airport to a less developed
area;has fewer wildlife attractants than the BKX expansion alternative;does not impact known
wetlands, floodplains ox floodways;does not impact any known threatened ox endangexed species;
allows for the redevelopment of e�usting airport site;the on-airport Brookings Municipal Utilities
facilities would not need to be relocated off-airport;and no residential purchase is required.
New airport altemative (off-airport) has the following cons: location would be less convenient for
many aitpoxt users;removes agricultutalland fxom pxoduction;airport use is not included in the �
County Comprehensive Plan;would result in a loss of property tax base;would xequire a complex �
relocation,land purchase and existing airport redevelopment process;and is moxe expensive than
BKX expansion alternative,but the sale of the existing a.irport propexty would at least paxtially offset
the cost differential.
, f
The following is a brief overview of the sckedule moving forward. On May 1,2009 the Minnow
Study will be submitted to the FA.A';and on May 15,2009,it will be submitted to the US Fish&
Wildlife Service. In June,the US Fish&Wildlife Service will draft an opinion on the minnow issued
which will give a good idea of the cost and mitigation associated with the minnow. It is anticipated
that the dxaft EA will be issued in July which starts the clock on the public information process
349
which includes open houses, formal public hearings, and City Council /Airport Board Meetings. In
September the Airport Board will make the final recommendation and the City Council will make
the final decision.
The remauung tasks prior to publishing the draft EA include a USFWS coordination, FAA Meeting
(1), and final revisions. The public information tasks include: Airport Board Meetings, first Council
Meeting and first open house,prepare for and attend the public open house,prepare fox and attend
the public hearing,prepaxe for and attend the second Council Meeting and prepare for and attend
the SD AeYOnautics Commission. The final EA tasks include FAA Meeting (1),prepare fmal EA,
1st FEA revision and publish final EA.
Tasks that were already performed that wexe not contained in the original scope include: meetings
in Pierre (USFWS,USACE, SHPO);meeting with County Commission and Joint Planning
Comtnission; additional coordination with historic, endangered species and floodplain consultants;
additional coordination regaxding BMU Facilities;preparation of two additional EA dxafts;and
meeting with FAA in Bismarck. These tasks were not included in the original scope because the
complexiry of the issues was unforeseeable, consisting of the disagreement between SHPO,F.AA,
and the Historic Consultant regarding APE and the minnow situarion. A full draft EA for each
alternative was required. The entire project team anticipated one alternative would have been
eliminated by now.
Both Helms and Associates and HNTB are over budget. They are both committed to performing
the remauung tasks and are not stopping their work. However, they ask the City Council to approve
theit request for a contract fee amendment.
Bezdichek acknowledged that the Helms and Associates staff has been doing a great job on this
project;however, he still plans to vote against it just as he voted against the bird studq for$12,500.
He expxessed his frustration with the FAA because he feels they axe wasteful. In his opinion,this is
a contract that continues to float and someone has to pay for it and he thinks it should be the FAA.
A motion was made by Bardey,seconded by Brunner, to authorize the Mayor to sign Amendment
#2 to consulting contract fox Airport Environmental Assessment with HELMS &Associa.tes
pursuant to Article II compensation in Section 9 Special Conditions the `not to exceed" amount of
dual track development alternatives and EA portion of the agreement is hereby increased by
$84,152.54.
Council Di,rcu.rsion: Brunner a.rked what our option.r ar�. Weldon said if the city doe.rn't�''ini.rh the.re la.rt.rtep.c the
project.rtops and becau.re it i.r incom�ilete. It'r like having done nothing.
Bob Babcock reminded the Council that the City will have to be prepared to put.rome money into the pmject that
�von't be r�imbur.red. Eligible doe.rn't mean funded. Because the City ha.r.ro many airport i.r.rue.r and ta.rk.r in front of
them it could be manyyearr befon everything i.r funded.
On the motion,all pxesent voted yes, except Bezdichek voted no;motion carried.
A ' urn. A motion was made by Brunner, seconded by McClemans, to adjourn. All present voted
yes;motion carried. Meeting adjourned at 7:25 p.m.
CI 00 NGS
ooae Sc� . unsterman,Mayor
A . C�TY
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ari es,City Clerk