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HomeMy WebLinkAboutCCMinutes_2005_12_13 9 Brookings City Council Tuesday, December 13, 2005 The Brookings Ciry Council held work session on Tuesday,DecembeY 13,2005 at 4:00 p.m., at City Hall with the following members pYesent: Mayor Scott Munsterman, Council Members Michael Bardey,Julie Whaley, Ginger Thomson,Tim Reed, and Michael Reitz (arrived at 4:20 p.m.). Tom Bezdichek was absent. City Manager Ala.n Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Convention Visitors Bureau. Deb Garbers, CVB Directox,reviewed the Bmokings Convention Visitorr Bureau Operations Summary dated December 2005. She reviewed in detail CVB Policies, the proposed 2006 budget, the economic impact of CVB Programs, the Event Funding Application Process, the upcoming Calendar of Events for the Brookings area, CVB Position Descriptions,and the CVB Regional Tourism Program. Reitz arrived at 4:20 p.m. No action was taken. Executive Session. A motion was made by Whaley, seconded by Reed,to enter executive session at 5:12 p.m. for the purpose of consulting with legal counsel on two pending contractual matters with the City Council, City Attoxney, City Clerk,and City Manager present (Allyn Frerichs was present for the first issue). All present voted yes;motion carried. A motion was ma.de by Reitz, seconded by Thomson,to leave executive session at 5:58 pm. All present voted yes;morion carried. 6:09�.m.�Citv Council Meeting T'he Brookings Ciry Council held a meeting on Tuesday,December 13,2005 at 6:00 p.m.,at City Hall with the following members present: Mayor Scott Munsterman,Council Members Tom Bezdichek,Michael Bardey,Julie Whaley, Gingex Thomson,Tun Reed,and Michael Reitz. City Manager Alan Lanning,City Attorney Steve Britzman,and City Clerk Shaxi Thornes were also present. Consent Agenda. A xeport on third quasterly financials was added to the agenda.. A motion was made by Reed, seconded by Whaley,to approve the consent agenda which included: A. Cotxncil Agenda as amended. B. Council Minutes—September 20,2005 and October 25,2005. C. Action on Resolution No. 98-05 to award bids for ARFF/SRE Building Site Work& Taxiway Improvements. RESOLUTION NO.98-05 RESOLUTION AWARDING BIDS ON ARFF/SRE BUILDING AND TAXIWAY IMPROVEMENTS BROOKINGS REGIONAL AIRPORT Whereas,the Ciry of Brookings is desirous in building a ARFF/SRE Building and completing taxiway impxovements for the airport,and Whereas,the City of Brookings is obligated and hereby agxees to be reimbursed by the Federal Aviarion Administration for 95%and SD State Aeronautics Depaxtment for 2%,and Whexeas,the City has xeceived the following bids fox the ARF�'/SRE Taxiway Improvements site work, gtading and paving Schedule 1: Construct site including unclassified excavation,grading,water and sanitary sewer utilities& construct connector and hangar taxiway including milling of existing taxiway and apron,new storm sewex,fencing and seeding: Knundr Con,rtrkction,Inc.,Brooking.r,SD ,�242,017.23 Bome.r Conrtruction Inc.,Brnok.ingr,SD $251,194.13 Be'�B Contracting,Inc.,Bmokingr,SD d347,436.02 Schedule 2: Base course,paving,watering,concrete sidewalks,concrete approaches,and taxiway marking,complete: Bo�ver Con.rtnrction,Inc.,Bmoking.r,SD $93,525.00 10 Now Therefore,Be It Resolved that the tentative award for AIP Pxoject#3-46-0005-017-2005,Bid Schedule"1"is made to�und.r Con.rtruction,Inc.,Brook,�'ng.r,SD for242,017.23.rubject to SDDOT appmval, r�ceipt afgrant offer and rrsbmitta!of DBE GoalA.raurances or aaeptable "Good Faith"effort. Now Therefore,Be It Resolved that the tentative award for AIP Project#3-46-0005-017-2005,Bid Schedule"2"is made to Bomer Can.ctruction,Inc.,Bmokingr,SD for,893,525.00.rubject to SDDOT approval, receipt ofgrant o�'er and.rubmitta!of DBE Goal Arturance.r or aaeptable `�ood Faith"effort. D. Action on Resolution No. 99-05 for uncollectible accounts at the Landfill. RESOLUTION NO.99-05 AUTHORIZING UNCOLLECTIBLE ACCOUNTS TO BE REMOVED FROM LANDFILL RECORDS WHERF.AS,The Brookings Landfill has received a total amount of$38,950.33 in uncollectible accounts,and WHEREAS,these accounts have been considezed uncollectible; NOW,THEREFORE,BE IT RESOLVED that the accounts totaling$38,950.33 be detexmuied as uncollectible and removed from the records. E. Action on bids for police cars. Action to award the bids of three (3) 2006 Ford Cxown Victoria Police vehicles at the bid price of$21,905 per vehicle for a total puxchase price of $65,715 from Sioux Falls Ford based on their low bid as received. Note that the Sta.te contract price is slighdy below the bid prices noted above, the addition of requested options foz our vehicles increases the purchase price to a total equivalent to that of the low bidder for the Ford Cxown Victoria. The purchase price of the Dodge Charger police package vehicle with options from the State Contract far exceeds the bid price of the Cxown Victoria at a projected cost in excess of$23,000. The following bids were opened on December 6, 2005 for Ford Crown Victoria and the Dodge Charger patrol cars to include the State of South Dakota Contract Bid Prices: Sioux Falls Focd Sioux Falls,South Dakota 2006 Ford Crown Victoria �21,905 Total Bid Price $65,715 2006 Dodge Chargex No Bid Nelson Fotd,Inc. Fetgus Falls,Minnesota 2006 Ford Crown Victoria $22,031 Total Bid Price $6G,093 2006 Dodge Charger No Bid Einspahr Auto Plaza,Inc Brookings,Soutli Dakota 200G Foxd Cxown Victoria �22,378 Total Bid Price �667,134 2006 Dodge Charger No Bid State of South Dakota Conuact Bid 2006 Ford Crown Victoria $20,700(Base price w/o options) 2006 Dodge Chaxges $20,916(Base price w/o options) " F. Action on Resolution No. 100-05, a Final Change Order for 2005-06STI Street Maintenance and Overlay Project. RESOLUTION NO.100-05 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR 2005-06STI,STREET MAINTENANCE AND OVERLAY PROJECT BOWES CONSTRUCTION,INC. BE IT RESOLVED by the City Council that the following change order be allowed for 2005-OGSTI: Street Maintenance and Overlay Project Construction Change Ordex Number 1 Final. Adjust estimated quantities as"as build"for a total decrease of$19,132.39. G. Action on Resolution No. 101-05, a Final Change Order for 2005-01SWR Curb & Gutter and Sidewalk Project. RESOLUTION NO. 101-05 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR 2005-01SWR SIDEWALK AND CURB 8c GUTTER PROJECT OWENS ENTERPRISES,INC. 11 BE IT RESOLVED by the City Council that the following change order be allowed for 2005- 01SWR Sidewalk and Curb&Gutter Pxoject: Construction Change Order Number 1 Final Adjust estimated quantities as"as buiid"for a total deczease of$11,712.92. H. Action on Resolution No. 102-05, Change Order#1 for 2005-10STI Parking Lot Project. RESOLUTION N0.102-05 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1)FOR 2005-lOSTI PARKING LOT PROJECT BOWES CONSTRUCTION,INC. BE IT RESOLVED by the City Council that the following change order be allowed for 2005-10STI Pazking Lot Project: Construction Change Oxder Number 1 Additional engineex fill needed for subgrade stabilization for a total incxease of�757.50. I. Action on Resolution No. 103-05, a Final Change Order for Street Department Roof Replacement Project. RESOLUTION NO.103-05 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR STREET DEPARTMENT ROOF REPLACEMENT PROJECT GUARANTEE ROOFING BE IT RESOLVED by the City Council that the following change ordex be allowed for Stseet Department Roof Replacement Project: Construction Change Order Number 1 Final:Adjust bid amount fot chimney repaixs for a total increase of$787.00. J. Action on Resolution No. 104-05, a resolution Directing Preparation of Assessment Roll,Dividing Assessments Into Installments, and Providing for the Collection Thereof for Sidewalk Assessment Project 2005-01SWR. RESOLUTION N0.104-05 RESOLiJTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR SIDEWALK ASSESSMENT PROJECT 2005-01SWR(2005 SIDEWALK REPAIRS) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Sidewalk Assessment Project No.2005-01SWR. The refexendum has not been invoked, and no written protests against the making of said impxovement have been filed with the City Mariagex. 2. A contract for Sidewalk Assessment Project No.2005-01SWR has been duly executed,and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 19G7,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said impxovement as follows: Contract price �49,664.75 Engineering,inspection,fiscal,legal expense,publication 227.69 Total Expense �49892.44 4. The total cost of said improvement shall be paid as follows: City Repair Costs $45,869.99 Assessable costs $ 4,022.45 5. T'here shall be made and filed in the office of the City Manager an assessment roll fox said improvement. The assessments shall be on the basis of 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 over $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 Managex in accordance with the procedure fox 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%). K. Action on Resolution 105-05, Directing Preparation of Assessment Roll,Dividing Assessments into Installtnents, and Providing for the Collection Thereof for Street Assessment Project 2045-03STA Alley from 9th Ave. to Medary Ave. between 4th St and 5th St. RESOLUTION NO.105-05 12 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2005-03STA (Alley From 9'�'Ave.To Medary Ave.Between 4w St.And 5�'St.) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: i. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2005-03STA. 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 Street Assessment Project No.2005-03STA 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 axnended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $16,54G.66 Engineering,inspecrion,fiscal,legal expense and publication 992.80 �17,539.46 4. The total cost of said improvement shall be paid as follows: Assessable costs �17,539.46 5. T'here shall be made and filed in the office of the City Manager an assessmeut xoll fox said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said impxovement. 6. The assessment shall be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturity,the assessments shall be collected by the City Managex in accordance with the procedure for Plan One in Chapter 9-43,SDCL 1967,as amended. 8. The interest iate to be bome by the unpaid installments of the special assessment is ten peicent (10%). L. Action on Resolution No. 106-05,Directing Preparation of Assessment Roll,Dividing Assessments Into Installments, and Providing for the Collection Thereof for Street Assessment Project 2005-04STA Alley ftom 14th Ave. S. to 16th Ave. S.between 1st St. and Wisconsin St. RESOLUTION N0.106-05 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2005-04STA (Alley from 14�Ave.S.to 16�'Ave.S.between 18�Sw attd Wisconsin St.) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Street Assessment Project No.2005-04STA. The xefexendum has not been invoked, and no written pxotests against.the making of said improvement have been filed with the Ciry . Manager. 2. A contract for Street Assessment Project No.2005-04STA 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 his office showing the total cost of said improvement as follows: Contract price �24,791.24 Engineering,inspection,fiscal,legal expense and publication 4 .47 �26,278.71 4. The total cost of said impzovement shall be paid as follows: Assessable costs $26,278.71 5. There shall be made and filed in the office of the City Managex an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equal annual installrnents. 13 7. Unless paid to the City in advance of maturiry,the assessments shaIl be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43,SDCL 1967,as amended. S. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). M. Action on Resolution No. 107-05, Directing Preparation of Assessment Roll,Dividing Assessments Into Installments, and Providing for the Collection Thereof for Street Assessment Project 2005-08STA Alley from 12th Ave. to 13th Ave. between 5th St. and 6th St. � � � RESOLUTION N0.107-05 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT PROJECT 2005-08STA (Alley from 12�Ave.to 13�'Ave.between 5�'St.and 6w St.) BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of • Necessity for Street Assessment Pxoject No.2005-08STA. The reEerendum has not been invoked, and no written pxotests against the making of said'unprovement have been filed with the Ciry Manager. 2. A contract for Street Assessment Pxoject No.2005-08STA has been duly executed,and the City Council is authoxized to levy special assessments pursuant to the pxovisions 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 his office showing the total cost of said improvement as follows: Contract price �16,254.72 Engineering,inspection,fiscal,legal expense and publication 975.28 �17,230.00 4. The total cost of said improvement shall be paid as follows: Assessable costs $17,230.00 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land conriguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equal annual installments. 7. Unless paid to the City in advance of maturiry,the assessments shall be collected by the City Manager in accordance with the procedute for Plan One in Chaptex 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%). N. Action on Resolution No. 108-05,Directing Preparation of Assessment Roll,Dividing Assessments Into Installments, and Providing for the Collection Thereof for Street Assessment Project 2005-09STA Alley from 2nd Street S. to 3rd Street S. between 6th Avenue S. and 7th Avenue S. RESOLUTION N0.108-05 RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL,DIVIDING ASSESSMENTS INTO INSTALLMENTS,AND PROVIDING FOR THE COLLECTION • THEREOF.FOR STREET ASSESSMENT PROJECT 2005-09STA (Alley from 2°d Street S.to 3�d Sueet S.between 6�Avenue S.and 7�Avenue S.) BE IT RESOLVED bp the City Council of the City of Brookings,South Dakota,as follows: 1. More than twenry days have elapsed since the adoption and publication of a Resolution of Necessiry for Street Assessment Project No.2005-09STA. The refexendum has not beea invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. 1�contract for Street Assessment Project No.2005-09STA has been duly executed,and the City � Council is authorized to levy special assessments pursuant to the provisions of chaptex 9-43,SDCL 19G7,as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $14,587.74 Engineering,inspection,fiscal,legal expense and publication 875.2G 14 $15,463.00 4. The total cost of said impzovement shall be paid as follows: Assessable costs $15,463.00 5. There shall be made and filed in the office of the City Manager an assessment roll foi said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land conriguous to the alley constituting said improvement. 6. The assessment shall be divided into five(5)equai annual installments. 7. Unless paid to the Ciry in advance of maturity,the assessments shall be collected by the City :Vlanager in accordance with'the procedure for Plan One in Chapter 9-43,SDCL 1967,as amended. 8. The intetest xate to be borne by the unpaid installments of the special assessment is ten percent (10%). O. Action on bids on Street Depardnent attd Landfill equipment. No bids were received on December 6�' on the landfill equipment that was advertised for sa1e. The Street Department obtained three (3) appraisals ranging from$42,500 to$46,000. The sealed bids were opened and reviewed at 1:30 p.m. on Tuesday,December 6,2005. The bid was awarded to Niemann Construction,Inc.,in the amount of$56,190. Awatd JD544G Order BIDDER ADDRESS Loader Niemann 1 Construction,Inc. 18172 467th Ave,Cleaz Lake,SD 57226 $ 56,190.00 2 Donald Hander 400 W.Cherokee,Sioux Falls,SD $ 53,300.00 3 Rick Sundvold 202 8th Ave NW,Clazk,SD 57225 $ 51,785.00 4 RDO Equipment 2801 N Louise Ave,Sioux Falls,SD 57107 $ 49,000.00 5 John Thozeson RRl,Box 802,Willow Lake,SD 57278 $ 47,351.00 6 Mike McClemens Brookings $ 47,250.00 7 T'homas J.Foster 16729 438th Ave,Henry,SD 57243 $ 46,900.00 8 Max Schwadet 22811 440th Ave,Winfted,SD 57076 � 46,000.00 , 14627 432nd Ave,Webster,SD 57274- 9 LeRoy Cymowski 9353 � 45,260.00 NO BIDS RECENED ON: -816 CAT COMPACTOR • -955 CAT CRAWLER LOADER P. Action on Resolution No. 109-05,Assuring That No Additional Right Of Way Is Needed For 90/10 Exchange Project Number P 3245(00), PCN OOQZ located on 22nd Ave. S. From 20th Street S. to 32nd Sueet S. In The City Of Brookings. RESOLUTION N0.109-05 RESOLUTION ASSURING THAT NO ADDITIONAL RIGHT OF WAY IS NEEDED FOR 90/10 EXCHANGE PROJECT NUMBER P 3245(00),PCN OOQZ LOCATED ON �LZND AVE.S.FROM 20TH STREET S.TO 32�STREET S.IN THE CITY OF BROOKINGS. V�HEREAS,the City of Brookings,SD,has prepazed plans,data,and information in accosdance with South Dakota Department of Transportation guidelines necessary to construct the above project; NOW THEREFORE,be it xesolved that the City of Brookings certifies that all work involved in the project will take place within the City's right of way,and that no additional right of way or construction easements are required. Q. Action on Resolution No. 110-05, Establishing Medical Insurance Monthly Contribution Rates for the City of Brookings Health Insurance Program. RESOLUTION N0.110-05 ESTABLISHING MEDICAL INSURANCE MONTHLY CONTRIBUTION RATES FOR THE CITY OF BROOKINGS HEALTH INSURANCE PROGRAM WHEREAS,Resolution No.109-96 established a self-funded program for the provision of health insurance fox City employees;and WHEREAS,establishing a corxidor fund for sharing of savings and risk for a specified claimant allows savings to the Health Plan;and WHEREAS,the Brookings City Council intends to establish the levels of employee and employer contribution to fund the program; 15 NOW,THEREFORE,BE IT RESOLVED,that the 2006 employee and employer contributions to the self-funded health insuxance progxam be established as follows: City General Public Safety Employees Employer s Employee's &Non-Represented PS Employees Employer's Employee's Share(75%) Share(25%) TOTAL Share(85%) Share(15%) Single $290.00 �96.66 $386.66 $328.GG $58.00 Employee/Minor �497.78 �165.93 $663.71 �564.15 $99.56 Dependents Employee/Spouse $620.06 $206.69 $826.75 $702.74 �124.01 Family $7G9.59 $256.53 $1,026.12 �872.20 �153.92 R. Action to amend the City of Brookings Policy and Procedure Manual. 8.6 Yacation It is the�olicy of the City of Brookings to grant vacations with gay to�rovide regular full- time em lo ees with eriod of rest and recreation in reco �tion of services erformed. Vacation leave for eligible em�loyees for each vacation vear is based on length of service. Vacation leave will accrue at a rate according to the following schedule: Len�th�Service Le�th of'Leave Date of hire through five s�years 6.67 hours per month After five si�but less than 10 years of service 10.00 houts per month After 10�e but less than 20 yeaxs of service 13.33 hours per month After 20�w�e years of service 16.67 hours per month 8.6.1 Administrative Guidelines (1) Accruing Vacation:Accrual of vacation begins on the first day of employment„ � . Vacation Ieave shall be earned and credited to employees on the last day of each month,provided all other necessary provisions of this article have been met. Said vacation leave shall not be available to em,�l�ees until after it has been earned and credited. The accrual date for vacation is the employee's hire date. In order to earn accrual of vacation leave in a given month,the em�loyee must work or use�aid leave for at least 50%of the hours �ayable in the�ayxoll month. (2) Scheduling of Vacation:Vacation leave must be scheduled with the employee's Department Head at the eaxliest possible time prior to the use of such leave. Each Departtnent Head shall establish a vacation request deadline within the department to permit employees to submit preferred da.tes for nacation. The . City reserves the right,within Yeason,to disapprove xequested time for vacation leave for the purposes of maintauung the workforce during heavy scheduled work periods. However,the City will make every effort to accommodate employee's xequests for time off. In a case where two employees request the � same vacation time and the requests are received simultaneously,the employee with the most senioriry shall be given the time requested provided the employee has complied with the vacation request deadline established within that department. If an employee has failed to comply with the vacation request deadline,vacation days will be assigned on a first request basis. Em,�loyees rec�uestin�vacation leave shall be notified that theix rec�uest has been granted or denied in a timely manner. If the notice or grant or denial has not been timelv, the emn�yee ma�conta.ct the Degartrnent Head direcdv for such determination. 16 Vacation leave mav be used during the em�lo�ee's introductor�period, however. the em�loyee may not use more vacation hours than in vacation accrual balance. If em�loyee leaves em�lo�ment�rior to the end of the introductor��eriod, an�vacation leave used during this�eriod must be re�aid to the Cit�of Brookings. Vacation will be�aid at the em�loyee's xegulax houxl�rate of�a� Vacation�a� shall not be used in the com�utation of overtime. Vacation leave can be taken durin,g foul and dangerous weather,travel during which is ha�ardous or not recommended b�local authorities. This leave must have�rior de�artment head a��roval. Em�lo�ees will not receive additional vacation time off due to illness or disabilitv occuxrin�while on vacation unless snecial circumstances in the o�inion of the immediate su�ervisor would warrant a change. (3) Vacation Accumulation: Employees may accumulate up to two-hundred eighty (280) hours, (35 Days) of vacation. (4) Se,�aration���of Employment Upon separation from etnployment, an � employee will be paid fox any accumulated vacation at the employee's current rate of pay. Em�lo�ees who are laid off or dischaxged,who resign or retire after giving two week's notice to the Citv,or who axe called to militar�service,shall receive • �ayment of such vacation time as is due them, com�uted on a,�ro-rata basis according to the time worked during the current vacation vear. (5) Salary in Lieu of Vacation: Employees who termiiiate or retire may xeceive pay for earned but unused vacation. In the event of death,eaxned but unused vacation will be paid to the employee's estate. Active employees are not eligible for salary in lieu of vacation. (6) Leave of Absence without Pay: Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. (7) Minunum Vacation Used: Employees have the opportunity to use vacation leave in one-half(1/2) hour increments at the discretion of the de�artment head. S. Action on Resolution No. 111-05, for uncollectible checks at the Liquor Store. RESOLUTION NO.ili-05 UNCOLLECTIBLE CHECKS REMOVED FROM LIQUOR STORE RECORDS WHERFt1S, The Brookings Municipal Liquor Store has received a total amount of $438.33 in insufficient funds and no account checks;and 11/15/04 Matt Kurtenbach 106.08 10-02-04 Justin Davie 53.43 07-05-04 Khalid Aljahani 6.90 12-03-04 Paul Krahmer 18.54 02-25-04 Dayna Sigi 2.54 03-22-04 Kori Dagel 104.97 04-14-04 Koxi Dagel 145.87 WHEREAS, these checks and bills have been processed for collection with the States Attorney and Sheriff's Office and have been considered uncollectible; NOW,THEREFORE,BE IT RESOLVED that the checks totaling j438.33 for the Liquor Store be detennined as uncollectible and xemoved fxom the xecords. Such checks will be retained by the State's Attorney Office to support possible subsequent collection of that debt. O�en Forum A1 Gregg, owner of Dakota Service,made the following recommendation to the Citp's Vehicle Towing Services Policy: I have been in buslness in Bmokingr.rince 1982. I have a feu�major concern.r ivith thi.r new policy. 17 A. WIe are part of an Emergency Ke.rpon,re Team. I just can't understand u�hy�ve zvould�vant a tow com�iany res�onding frnm 7 mile.r away to an accident at a bu y interrection in Brookings. Every extra minute s�ent on the road during re,rpon.re re.rults in more e.�osure time at an accident.rcene that could result in.recondary accidents or injuries. I think sve should be res�oncli'ng from u�ithin the city limit.r. B. Also a tivo-truck minimum i.r not.ru�'icient. If we must be able to res�ond to tsvo accidents at the.rame time and operate a touring busine.rs, common sen.re tvould tellyou that 3 unit.r should be minimum. C. When the P.D.,need.r to further inve,rtigate, orget medicine from a towed vehicle, etc., they svould be driving out of totvn spending tax dollarr and being azvay frnm theirjuri,rdiction while on duty. Furthermore, every Brooking.c re,rident u�ould have to get a ride out of tosvn to retrieve their vehicle, or to get content.r out of it. D. Furthermore, urill each vehicle tolved for.�nou�removal or a D UI in Brookings be charged mideage becau.ce their vehicle i.rgoing out of tou�n? E. I also thought B�noking.r u�a.r adzvay.r intere.rted in.cale.r tax revenue. Police Chief Tim Tompkins said the concern about response time from Aurora was not valid. The Police Department and other first responders will norify the appropriate vendors when a vehicle needs towing. This issue came about because a company based out of Auxora requested to be on the city's tow list Reitz questioned how fax from Brookings would be allowed to provide towing services. La.nning said this is an issue of access to city services. Anyone who wants to be on a vendor list will be added if they meet the guidelines established for those citp services. If they can't meet the guidelines then they will be removed from the list. He further noted that the City of Brookings is parmers with other emergency responders in the County through a Mutual Aide Agreement and all entities respond to all cities in the County. Assistant Police Chief. Chief Tompkins introduced Maxk Mathies as the new Assistant Police Chief for the City of Bxookings. Quarterly Financial Reports. Rita Thompson, Finance Managex,reviewed the Third Quarter Financial Reports with the Council. She noted that the city of Brookings invested$15 million in September. That amount increased significandy in October after the Utilities joined in the investments. The increased rates are resulting in returns that are much better than previously experienced. The revenue funds will be at least$200,000 more than budgeted. She anticipates closing the 2005 fiscal year with $500,000 in reserves. Qrdinance No. 35-05—Conditional Use. A public hearing was held on Ordinance No. 35-05. No comments were received. A motion was made by Bartley,seconded by Reed,to approve Ordinance No. 35- O5,pertaining to an Application fox a Conditional Use for a major home occupation (single-chair beauty salon) in the Residence R-2 District,Lot 12,Block 1, Camelot Squaxe Addition. All present voted yes; motion carried. Ordinance No. 36-05—Budget. A motion was made by Whaley seconded by Thomson, to approve Resolution No. 36-05,Budget Arnendment No. 5/Final for 2005 budget All present voted yes;motion carried. Second xeading on December 20�'. 2006 Wine &Lictuor Renewals. A public hearing was held on the 2006 Wine and Liquor License renewals. All present were given an opportunity to be heaxd. A motion was made by Thomson, seconded by Reed, to approve the 2006 Wine&Liquor Renewals. 1. Safari Lounge,421 Main Avenue Liquox On-Sale 2. Danny's Lounge,703 Main Avenue Liquor On-Sale 3. Lantem Lounge,303 Thixd Street Liquoi On-Sa1e 4. Chevy Lounge,223 Main Avenue Liquot On-Sale 5. Jim's Tap,309 Main Avenue Liquor On-Sale 6. Pheasant Cafe&Lounge,726 Main Avenue S. Liquor On-Sale 7. Prairie Lanes,Inc.,722 Western Avenue Liquor On-Sale 8. Ray's Comer,401 Main Avenue Liquor On-Sa1e �9. Dakota Ram Inc.,P.O.Box 801 Liquor On-Sale 10. Cubby's Sports Bax&Grill,307 Main Avenue Liquor On-Sale 11. Skinnex's Pub,302 Main Avenue Liquor On-Sale 12. Applebees,3001 LeFevre Drive Liquor On-Sale 13. Pavilion Inc.,2500 6�5treet Convention Facility On-Sale 14. Staurolite Casde&Suites,LLC,2525 E.Sixth Street Convention Facility On-Sale 15. VFW-Geo Dokken Post 2118,520 Main Avenue Liquoi/Club 16. BPO Elks-Lodge 1490,516 Fourth Street Liquor/Club 18 17. i�Iunicipal Liquox Store,302 Su�th Street Off-Sale Liquor 18. Guadalajara,Village Square Mall#1 Wine 19. Dakota Pub,311 Third Street Wine 21.Petkins,1225 Sixth Stxeet Wine 22.Old Sanctuary,928 Fourth Street Wine All present voted yes;motion carried. A 'ourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;motion carried. Meeting adjourned at 6:30 p.m. ity of � ootia..�,l S tt sterman,Mayoz � F y� • � ��� (yt �D o:p �V/ O S pS � es,Ciry Clexk