HomeMy WebLinkAboutCCMinutes_2006_01_10 33
Brookings City Council
Tuesday,January 10, 2006
The Brookings City Council held a wotk session on Tuesday,January 10, 2006 at 5:00 p.m.,at City '
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Ginger Thomson,Tim Reed, and Michael Reitz. Council Members Tom Bezdichek and
Michael Bartley were absent. Ciry Manager Alan Lanning, Ciry Attorney Steve Britzman, and City
Clerk Shari Thornes were also present.
Tanuar_y 10`"A�enda. The City Manager responded to questions pertaining to the action items on
the agenda.
■ Kesolution No. 04-06- Change Order for Sivi�tel CenterAir Conditioning Pn?iect. Lanning noted that a
change ordex,Resolution No. 04-06,will be added to the agenda for action. This xesolution will
aIlow for duct work painting at the Swiftel Center and the additional$7,800 is still within the
original bid of$250,000. Reed asked if there was a state statute that requires public notification
of change orders. Britzman said he reviewed the bidding requirements and found this change in
order. 'I'here axe no additional notice requirements and additions to the agenda are at the
discxetion of the City Council. He noted that there is an exception to competitive bidding if the
change order doesn't exceed 15% of amount of contract or$25,000,whichever is greater.
There was further discussion about change order additions being added to an agenda. Lanning
noted that these are rare occurrences and in this instance,the objective is to get painting done in
a small window of time. The base bid projects have been completed and because funding
allows,the painting can now be done. The Mayor asked if the Council desixed further
discussion of this issue in the future. Because this is a xare occurxence,there was consensus of
the council not to consider a policy or discussion at a futuxe meeting.
C�Staff Topic Inuoduction:
, anuary 24`''Agenda Briefing. Shari Thornes,Brookings City Clexk,provided a briefing on the
January 24`}'agenda items noting that the Research Paxk Master Plan would be presented at 5:00
p.m.
Human Rights Committee Public Hearing Rec�uest. Steve Marquardt,HRC Membex,
requested the City Council hold a discussion to consider the inclusion of gendex orientation in its
anti-discrimiilation language in city policies. Policies currendy prohibit discrimination on the basis
of several items such as ethnic origin and religion,but not on gender orienta.tion. Right now if a gay
or Iesbian individual was fired for cause,there would be no basis for appeal under the pexsonnei
policy. This issue was presented to Council in 2003 but was not placed on an agenda. In 2005
Mayor Munsterman met with the Human Rights Committee and invited them to bring this issue
forward for consideration.
ACTION: Motion was made by Reed, seconded by Thomson,to place this item on a future agenda
for discussion. All present voted yes;motion carried. The City Clexk will schedule this item for
discussion at a February meeting. The City Attorney xequested the Committee consider the desired
definitions language for the proposed changes.
Taxi. Lanning said the city raised the subsidy budget in 2005 for the last su�months. That nutnber
was increased again in 2006. That increase may have been misinterpreted and a budget amendment
may be needed. He asked the Council to be thinking about transportation services in general and
how to address those issues. The issues for the Ciry are escalating costs and appropria.te levels of
service. Under the current arrangement,the dollars are increasing to maintain what we have. He
recently presented the idea of a transportation district to fund the airport and transpoxtation services .
for Brookings and neighboring communities. A plan is needed on how to provide fixed route and
for-call routes. He plans to address new service levels during the 2007 budget process which will
start in five months. The Council noted that Bob McGrath did a South Dakota.transportation study
while Allyn Frerichs was interim city manager. They requested a copy and further suggested that we
expand the survey to include other states with towns similar in size to Brookings. Munsterman said
the transpoxtation issue is a concern of laxge employers in Brookings. Many of their employees live
in neighboring cities due to affordability and transportation to work is an issue. Thexe are other
dynamics and the Council must consider all elements and economic aspects and services of the
ttanspoxtation issue.
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Railroad/DM&E—Surface Transportation Board Ruling. Lanning said he has reviewed the 48
page Surface Transportation Board ruling on the DM&E expansion plan which is the final
supplement to the origina15000 page document. The ruling states that no otheY mitigation efforts
will be required of DM&E. He noted that Condition #29 recommends establishment of
community liaisons to assist communiries in establishing quiet zones. Condirion #142 specifically
addresses BYOOkings. The only mitigation requirements are those in which there are community
partnership agreements in place. In those instances DM&E has to adhere to those agreements. If
Brookings had entered into an a�eement,it would have established conditions on how to deal with
issues. Munsterman said when he recendy met with Senator Thune the Senator indicated that they
want to help as much as they can on mirigarion efforts. Munsterman suggested the City Council
discuss a plan of action that may include bringing in a consultant. This item will be added to the Jan.
17�' agenda.
Brookings Munici�al Utilities Franchise Agreement. Lanning noted that the first reading of a
BMU Franchise Agreement is tentatively scheduled for Council discussion and action on January
24`h. The Council requested this item be on the 24`�'as discussion only and the first and second
readings be held in February.
Schedule Goal Setting Retreat. This item will be added to the Jan. 17`� agenda.
Council Invitations. Shari Thornes,Brookings City Clerk,reviewed the Ciry Council's upcoming
invitations and obligations. Several Council members are planning to attend the SDML Legislative
Day in Pierre on Jan. 31 and Feb. 1.
C�Council Introduction of Touics for Future Discussion. No new topics were introduced.
Executive Session. A motion was made by Thomson,seconded by Whaley, to enter into
Executive Session at 5:40 p.m.to consult with legal counsel on pending contractual issues with the
City Council, City Managex, Ciry Clerk,and Ciry Attorney pxesent. All present voted yes,motion
carried. A motion was made by Whaley, seconded by Thomson, to leave Executive Session at 6:00
p.m. All pxesent voted yes,motion ca�ied.
6:00�.m.—City Council Meeting.
onsent Agenda. Resolution No. 04-06 was added to the agenda as Item 8A. A motion was made by
Reed, seconded by Whaley, to approve the consent agenda which included:
A. Couticil enda as amended.
B. Minutes. Action to approve the November 15,20U5 Minutes.
C. Bids. Action to award bids for a 4 year lease/rental of 36 new golf carts for
Municipal EdgeBrook Golf Course to E-Z Go Golf Cars of Omaha,Nebraska in the
amount of$88,735.68 ($22,183.92/year).
BID TAB
MIDWEST GOLF E-Z GO
GOLF CAR LEASE CARS NB GOLF CARS GOLF CARS
Januaty 3,2006 Siowc Falls Hendricks,MN Sioux Falls
SCHEDULE A. 36 NEW CARS
1. Payment due May 1,2006 $24,860.16 $23,317.92 $22,183.92
2. Payment due May 1,2007 $24,860.16 $23,317.92 $22,183.92
3. Payment due May 1,2008 $24,860.16 $23,317.92 $22,183.92
4. Payment due May 1,2009 $24,860.16 $23,317.92 $22,183.92
TOTAL BID PRICE $99,440.64 $93,271.68 $88,735.68
Brand Name&Model of Carts Yamaha G Club Car SD 1Q E-Z Go TXT
SCHEDULE B. TOURNAMENT
FLEET
1. Cost pex cart per day $32.50 $30.00 $35.00
Any additional info. on tourney 150 cars available
Fleet
SCHEDULE C. RESPONSE TIME
Company poliry on repair calls 48 hours response 24 hours 24 hours
SCHEDULE D. REFERENCES
1 City of Brandon Brookings City of
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Country Club Vermillion
Ciry of Moccasin Creek,
2 Worthington Aberdeen City of Mitchell
Willow Run Golf Fox Run, City of
3 Course Yankton Brandon
BID BOND ENCLOSED 10%bid bond
Bid check 5% $4972.03 5% $4,664.00
D. Action on Resolution No O1-06, a resolution canceLng certain outstanding checks
from 2003 and 2004.
RESOLUTION NO.01-06-CANCELING CERTAIN OUTSTANDING CHECKS
WHEREAS,the City of Bxookings,has issued checks that have been outstanding for more than one
(1)year(2003-2004).
NOW,THEREFORE,BE IT RESOLVED that rhe following amounts be canceled and the proper
funds be cxedited:
General FYxnd
OS-14-03 HiII Ciry Fire Dept �1,638.00
07-21-03 Harold's Printing Co 7.20
10-01-03 Cory Smith 20.00
05-03-04Young Door Service 1,104.00
08-17-04 Kevin Moad 26.66
09-27-04 Prepaid Legai Services 14.95
Total $2,810.81
E. Action on Resolution No 02-06 Arnended Resolution Authorizing The Transfer Of
Real Property To Brookings Economic Development Cor�oration, Inc For
Economic Develotiment Purposes.
RESOLUTION NO.02-06
AMENDED RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY
TO BROOKINGS ECONOMIC DEVELOPMENT CORPORATION,INC.FOR
ECONOMIC DEVELOPMENT PURPOSES
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows:
WHEREAS,the Brookings Economic Development Corpoxation,Inc.desires to purchase
approximately Twenty-two(22)acres of real pxoperry located in SW'/.of the SE'/a of Section 30,
Township 110N,Range 49W in the City of Brookings,South Dakota,for a pxice of�10,000 per acre,
and appxoximately five(5)acxes of real pxoperty subject to surface and ground water saturation
located on the eastern side of the above-described pzoperry at no cost,and
WHEREAS,for the expxess purpose of furthering economic growth and development of the City of
Brookings,South Dakota the Brookings Economic Development Corporation,Inc.agrees to sell,
convey or otherwise transfer said property to a legal entity which is,or will be,conducting business in
the City of Brookings,South Dakota,and
WHEREAS,it is in the best interests of the City of Brookings that the City ptovide its economic
development assistance in this matter to aid and assist with the completion of the afoxesaid
transaction which will further economic development in the City of Brookings;and
WHEREAS,the City is authorized to enter into this transaction as an economic development activity
under the laws of the State of South Dakota;
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Brookings,
South Dakota,as follows:
A. That the City convey tifle to the above-described properry to the Brookings Economic
Development Corporation,Inc.for the purposes of furthering economic growth and
development of the City of Bxookings,South Dakota;and
B. That the Mayor,City Clerk and City Manager are authori2ed to execute the xequixed documents
in accordance with this Resolution.
C. This Resolution shall supersede Resolution No.95-05.
F. Action on Resolution No. 03-06. authorizing the city manager to s•ign an agreement
between the City of Brookings and State Denartment of Trans�ortation for the 6�'
Street reconstruction project.
RESOLUTION NO.03-06
WHEREAS,the DEPARTMENT OF TRANSPORTATION acting through the South Dakota
Transportation Cominission concurs in the pxoposal with the CITY and BMLJ fox the new
construction or ixnpxovement of a street identified as South Dakota,Federal Aid Construction Project "
No.NH 0014(1421420-PCN 6462,Brookings .oun ,hexeinaftei designated as the PROJECT, ,
extending through poxtions of City of Bxookings,South Dakota,located and futther described as
follows.
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US Hwy 14 from Medary Avenue to Twenty Second Avenue in Brookings. Grading,Storm
Sewer,C&G,PCC Paving,Txaffic Signals,Lighting,Pavement Mazking,Petmanent Signing
and Purchase 2 Portable Signal Tailoxs.
WHEREAS,B'v1U desires the STATE to let in combination with PROJECT a water main and
sanitary sewer project number WW0601-PCN X126,US14 from Medary Avenue to Twenty Second
Avenue and,
WHERF�S,the Statutes of the State of South Dakota give assent to the provisions of the Safe,
Accountable,Flexible,Efficient Tiansportation Equiry Act and acts amendatory thereof ox
supplementary thereto and regulations issued pursuant thereto by the Federal Highway
Admuustration,Department of Transportation,United States of America,which hereinafter
collectively will be designated as the Act,and chaxge of the STATE,the CITY and BMCJ to do all
things necessary to fully carry out the cooperation contemplated and provided for in the Act;and
WHEREAS,the secrion of the PROJECT within the CITY will be subject to the provisions of the
Act,and is within the legal jurisdiction of the CITY foz uaffic regulations and the control of building
setbacks,zoning,sidewalks,utilities,etc.;and
WHEREAS,the construction of the PROJECT is conditioned upon the fulfillment of the obligation
of the CITY and BMU in a manner satisfactory to the STA'I'E and the Fedeial Highway
Administrator,ox their authorized representatives:
THEREFORE,BE IT RESOLVED that the City of Bxooking duly authorizes the City Manager of
the Ciry of Brooking to sign the Letting, Financial and Maintenance/Encroachment Agreement
Among the City of Brookings, BMCJ, and the State of South Dakota for Federal-Aid Highway
Improvement Project NH 0014(142)420-PCN 6462.
Ordinance No. 37-05—Rezoning: A public hearing was held on Ordinance No. 37-05,a petition
to rezone Lots 3 and 4,and the vacated W2' of Main Avenue South,Block 5,Folsom Addition
from a Business B-3 District to a Planned Development District (112 Main Avenue South). Hearing.•
It wa.c noted that pmperty avas nvt purcha.red by the applicant, but the o�vner deczded to prnceed urith the reZoning.
A PDD urild,give the oivner more flexibility tvith the pmperly. A motion was made by Thomson, seconded
by Reed, to approve Ordinance No. 37-05. All present voted yes;motion carried.
Alcohol Transfer. A public hearing was held on a xequest to transfer an Off-Sale Ma1t Beverage
Alcohol License transfer for Schoon's Pump N Pak South, 1203 Main Ave. So.,Brookings,South
Dakota,legal description: Section 35-110-50,NE 1/4, Oudot 8 Ciry of Brookings,South Dakota,
from Convenience Management Services Inc. to Schoon Properties Inc., 1243 Main Ave. So.,
Brookings,South Dakota. All present were given an opportuniry to be heard. A motion was made
by Whaley, seconded by Reed, to approve the request. All present voted yes;motion carried.
Resolution No. 04-06—Change Order. A motion was made by Thomson, seconded by Whaley,
to approve Resolution No. 04-06,Authorizing Change Order No. 1 (CCO#1) For Swiftel Center
Ait Conditioning Project. All present voted yes;motion carried.
RESOLUTION NO.04-06
A RESOLUTION AUTHORIZING CHANGE ORDER NO.1(CCO#1)
FOR SWIFTEL CENTER AIR CONDITIONING PROJECT TESSIER'S INC.
BE IT RESOLVED by the City Council that the following change order be allowed for Swiftel Air
Conditioning Project:Construction Change Order Number 1:Painting of new and existing supply air
duct for a total increase of �7905.00.
Discussion Items.
Brookin�s Economic Develo�ment Cor�oration. A1 Heuton,BEDC Executive Dixector,
presented the BEDC 2005 Annual Report and 2006 Work PYOgram. No action was taken. The
Council invited Heuton to attend and participate in future land use planning discussions.
Adjourn. A motion was made by Reed, seconded by Whaley,to adjourn. All present voted yes;motion
carned. Meeting adjourned at 6:38 p.m.
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�,t�W�F�Rp Sc unsterman,Mayor
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cO S� ��� ornes,City Clerk