HomeMy WebLinkAboutCCMinutes_2006_06_13 153
Brookings City Council
June 13, 2006
The Brookings City Council held a special meeting on Tuesday,June 13, 2006, at 3:30 p.m.in Ciry
Hall with the following members present: Mayox Scott Munsterman,Council Members Tom
Bezdichek (arrived 3:37 p.m.),Julie Whaley,Tim Reed, Ginger Thomson,Mike Bardey and Michael
Reitz. City Manager Alan Lanning and City Clerk Shari Thoxnes wexe also present.
City Manager Recruitment Process. Jerry Oldani,Waters-Oldani Executive Seaxch Firm,
provided an overview of the city manager recruitment process. He met earlier that day individually
with each council member. He is also meeting with representatives of SDSU,Bxookings School
District,Bxookings Utilities,Brookings Hospital, Chamber of Commerce/Convention Visitors
Bureau,Brookings Economic Development Center,and City Department Heads. Each will be
asked questions for the purposes of developing a candidate profile for this position. The profil.e will
describe the minimum qualifications, desired experience,personal characteristics,and other factors
that wi11 make a person likely to be a success in the position of City Manager for the City of
Brookings. Based upon the results of the discussions with the City, community and staff interviews,
and their review of other inforxnation,Waters-Oldani will develop a customized profile that
represents a consensus view of the background, experiences, and other qualifications importa.nt for a
successful City Manager for the City of Brookings.'The draft profile will be presented to the City
Council for review and final approval prior to initiating the solicitation and advertising strategy.
(Bezdichek aYrived at 3:37 p.m.)
Oldani outlined the process in detail. He will return to the Council fox approval of the profile and
candidate brochure in two weeks. He pxojected the entire process will take until October with
interviews in September. Interviews will be a two-day process with Day 1 as orientation in where
the candidates meet with key staff, tout the city, and attend a social event. Day 2 consists of
interviews by Council and can include other interview panels. He noted that other interviewers will
not rate candidates, but will provide the Council with a list of pros and cons on each.
There was agreement that spouses and/or partners be included in the interview trip. A sepa.rate
program will be arranged for them to meet with realtors, school district,job opportunities, and a
tour. Including information on the paxk and recreation system was recommended.
Oldani suggested each candidate complete an online personality assessment test to be used as
another tool to evaluate candidates. 'I'here is a$350/400 additional cost per candidate for the tests.
Executive Session. A motion was made by Bartley, seconded by Reed, to enter into Executive
Session at 4:40 p.m. to consult with legal counsel about proposed or pending litigation matters with
the Ciry Council, Ciry Manager, Interim City Manager, Ciry Clerk,City Engineer,Human Resouxces
Director (arrived 4:50 p.m.) and attorney Kent Cuder. All pxesent voted yes;motion carried. A
motion was made by Reed, seconded by BaYdey,to exit Executive Session at 5:00 p.m. All present
voted yes;motion carried.
5:00 P.M. WORK SESSION
The Brookings City Council held a work session on Tuesday,June 13, 2006 at 5:00 p.m., at City Ha11
with the following members pxesent: Mayor Scott Munsterman,Council Members Tom Bezdichek,
Michael Bardey,Julie Whaley, Ginger Thomson,Tim Reed, and Michael Reitz. City Manager Alan
Lanning,City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Re�ort on Front Street Vacation Rec�uest. A motion was made by Thomson, seconded by
Whaley,to discontinue the pursuit of closing Front Street until 100% approval of all property
owners is achieved. All present voted yes;motion carried.
Televised Meetin�s. On April 18`h the Ciry Council requested ciry staff conduct preliminary
reseaxch on getting the Brookings City Council meetings televised on a local public access channel.
The City Attorney provided a memo on the local cable pxovidex's responsibilities per the Franchise
Agreement. "Section 12(d) of the Cable Franchise provides that Mediacom shall provide cable
transmission facilities at City Hall, so that Video signal could be sent or transmitted from City Hall.
The Cable Franchisee—Mediacom—is required to provide transmission facilities with a cap of
$10,000.00 for such facilities. The franchise agreement does not provide for the equipment required
to televise the meetings (cameras, lights,monitoYS, etc),rather,the"signal transmission" equiprnent
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will be provided by Mediacom. In addition,Mediacom will provide the equipment needed to link
the video signal ox program from the camera to the cable transmission facilities ("modulation
equipment"} and ultimately to the"headend" for distribution to the subscribers. Consultation with
Mediacom personnel will be required to deternnine the inventory of equipment and the costs
requited to achieve the video transmission described in this memo. Finally,Federal Law will need to
be researched to determine if these costs may be passed on to subscribers, as our Cable Franchise
Ordinance permits the pass through of the costs of this equipment to subscribers if permitted by
State and Federal Law. It is my understanding this type of pass-through language is standard
language in Cable Franchise agreements. So,the City is not Yequired to pay,but the costs may be
pernutted to be passed on to the subscribers,if Federal law pernuts it. Britzman believes State law is
silent."
John Varvel,Mediacom Government Relations Manager, also provided a memo on the steps
necessary to provide cable transmission in City Hall,noting that Mediacom is only required to
provide the signal transmission. They are estimating this will cost$12,500. The Franchise
agreement stipulates Mediacom is financially responsible for up to $10,000. Note that the Ciry is
financially responsible for the signal generation equipment.
The City Clerk's Office contacted the City of Sioux Falls and was provided the following details on
their system. They also surveyed all othex SD first class municipalities regarding televised and audio
taped meetings.
Alpha Video from Minneapolis and TV Productions £rom Brookings have provided preliminary cost
proposals.
The City Clerk made the following recommendations:
• Step 1): City Council members and city staff tour the City of Sioux Falls Council chambers
and facilities to identify what components of the system axe desirable during week of June
19�'. We have found that costs can vary from as much as $40,000 to $300,000 depending on
the Council's needs.
• Step 2): Meet with video consultants to develop plan and cost estimates the week of June
26�'.
• Step 3): Meet with Mediacom to develop plan and cost estimates the week of June 26�'.
• Step 4): Include in 2007 Budget. Timeline: July 10�'
• Step 5): Develop specifications in Fall 2006.
• Step 6): Bid in January 2007 and award contract in February 2007.
• Step �: Installation in Spring 2007.
A motion was made by Bartley, seconded by Reed,to follow staff's recommendations as outlined
and dated above. All present voted yes;motion carried.
Ta�ing Executive Sessions. In response to the Council's April 18'�request,the City Attorney
researched the legal ramifications of audio taping executive sessions. Britzman researched state law
concerning executive sessions together with the fairly xecent State statutes establishing the procedure
fox open meeting law complaints. He noted that these statutes are relevant to the procedure for
recording executive sessions, since a procedure must be established to provide for disclosure should
there be a complaint concerning the conduct of the executive session. He said in his memo if an
ordinance requiring recording of executive sessions is appxoved, deta,iled procedural guidelines
consistent with the ordinance will be developed which will addxess the many details involved, such
as who will operate the tape, the contents of any brief identification of the meeting on the tape,
including any statements restricting the subject matter to be discussed,the procedure fox destruction
or other use of the tape after the time expires fox retention of the tape, etc.
Lanning asked what reasons the Council had for wanting to tape executive sessions. He noted that
the city attorney serves as the monitor to ensure that the discussions stay within the parameters of
the law. He noted that some executive sessions are for personnel reasons and couldn't identify any
time that the information could be released. He said someone would have to submit a "freedom of
information xequest" that cited very specific topics,names, and timeframes. This would requixe
every request reviewed by someone at ciry hall to find topic and timeframe. The City Attorney
would then review the information and disseminate to the effective party. Lanning thought the
concept was fraught with problems and couldn't identify any positives.
Munsterman said the reason was more a "what if' the council wexe ever questioned in the future.
How would this body be able to protect themselves from allegations that they engaged in executive
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sessions outside parameters of state law. He noted the taping would also be double edged in that
the taping would hold the Council members accountable for their actions.
Britzman said there is a formal pxocedure for open meeting Iaw complaints that axe heaxd by a fairly
active commission. There are many remedy avenues foY public if thexe is a perceived problem.The
reputation of the Council would be protected by the hearing/testimony process of the Cominission.
Reed agreed that if there was a complaint it could go through the formal process. However,if
someone suggested something else was discussed in closed session the tape could protect the
councii. It was noted that the tape would not be made available to the public to clarify the
discussion.
One concern is the Council may not be as candid with details if they were recorded. Reed still felt
the taping was a point of accountability back to the community.
Bardey said an open meetings complaint could come fxom a citizen. That complaint would be filed
with the states attorney to determine if a violation had taken place and then forwaxded to the Open
Meetings Commission. 'The Commission only has authority to reprimand a body or individual.
The public's right to have that determined is protected at this point. It becomes a"he said, she said"
situation and tapes are subject to interpYetation. He isn't interested in pursuing the issue fixrther.
Lanning noted that no votes can take place in executive session. 'The accountability is taken care of
in the public axena when taking a vote. Executive sessions are protected sessions to inform the
Council that something is happening,will be happening or was dealt with in this manner.
A motion was made by Munsterman, seconded by Reed,to continue putsuing the issue of taping
executive sessions. Munsterman and Reed voted yes;Bartley,Bezdichek,Reitz,Thomson and
Whaley voted no;motion failed.
City Council Minutes. A motion was made by Bardey, seconded by Reed,to put the topic on hold
until the television discussion occurs.All present voted yes;motion carried.
Appointment Policies�ertaining length of vacancies. Reitz questioned how long a board
vacancy can xemain open until someone is seated. Britzman said this issue is not addressed in local
ordinances, state law or the City Charter. Bartley recommended the issue wait until the Charter
Review Process in October 2006.
Surglus Liquor Store Site. Bezdichek noted that Brookings Counry is auctioning a piece of
property on July 27�'and suggested the City surplus the old liquor store site and auction along with
the County. Britzman said the ciry has sevexal options available for disposal of the property that
include selling thxough the BEDC, sealed bids or a public auction. T'here was agxeement to move
this topic to an action meeting.
Review of June 13`�6:00 p.m. meeting topics. The Ciry Manager responded to questions
pertainuig to the action items on the agenda.
BrieSng,on June 27`h agenda items. Shari Thornes,Brookings Ciry Clerk,pxovided a briefing on
future agenda items.
Memorandum of Understanding,with SDSU for the SDSU Wellness Center. Thornes advised
the Council that Resolution No. 13-97 that approved the city's funding patticipation in the
Performuig Arts Center and the Wellness Center projects references the intent/need to entex into
Joint Use Agreements for each project. An agreement was done for the Performing Arts Center but
not the Wellness Center. Staff plans to prepare a document fox Council action at the June 27`�
meeting that outlines a formal agreement about community usage of the facility. It was also noted
that the Mayor sent a letter to President Miller indicating that the ciry will requixe an accessibiliry
review and approval of the facility per our Ciry ADA Facilities&Family Resttoom Policy. These
policies axe also xequired for city"funded"projects to include second penny pxojects.
Council Invitations. Thoxnes reviewed the City Council's upcoming invitations and obligations.
C�Council Mem er introduction of topics for future discussion
Reed asked if anyone had responded to a lettet from DBI on the proposed streetscape project.
Lanning said he had and the project was scheduled for 2007. The City did conduct a$35,000 study
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on the utility needs. The City is waiting on possible grant funds for the project. It was clarified that
the Council would have to take formal action in the 2006 budget session to commit the funds fox
2007.
6:00 P.M. CITY COUNCIL MEETING
Consent A�enda: A motion was made by Reitz, seconded by Whaley, to approve the consent agenda
which included:
A. Agenda.
B. City Council Minutes of May 22,May 23, and May 30.
C. Action on Resolution No. 54-06, a Final change order for 2005-10STI, Hillcrest Parking
Lot Project.
Resolution No.54-OCr
A Resolution Authorizing Final Change Ordet(CCO#2 Final)For
2005-lOSTI Parlcing Lot Project-Bowes Construction,Inc.
BE IT RESOLUED by the City Council that the following change order be allowed for 2005-1 OSTI
Paiking Lot Project: Construction Change Ordex Number 2 Final:Adjust final quantities to as-built
quantities for a total decrease of$4215.96.
D. Action on Resolution No. 55-06, a final change order for the ARFF Truck General Safety
Equipment.
Resolurion No.55-06
A Resoludon Authorizing Final Change Order(CCO#2)For The ARFF Truck
General Safety Equipment
BE IT RESOLVED by the Ciry Council that the following change order be allowed ARFF truck:
Change Order Number 2: General Safery Equipment will install the additional foam fill pump to
ARFF truck and plumbing at a cost of$1,795.
E. Action on Resolution No. 56-06, for Federal Aid Surface Transportation Program:
P3245(00) PCN H018 - 22nd Avenue from 6th Street to US14B.
Resolurion No.56-06
Resolution for Federal Aid Sudace Transportarion Program
P3245(00)PCN HO18: 22°d Avenue From 6�Street To US14B
WHEREAS,the Bxookings City Council desixes the 2007 construction and impzovement of the zoad
as hereinaftei described: LOCATION AND LENGTH: 22nd Avenue from 6�'Sueet to US14B (1.0
mile)Estimated cost: $300,000.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide proper
maintenance as xequired by the fedexal Highway Act as amended and supplemented thereto for the
project after construction is completed and to regulate or cause to be regulated the installation of
utility facilities within the limits of the right-of-way of the proposed project in accordance with State
and Federal requirements.
AND WHEREAS,The City of Brookings is obligated and hexeby agrees to ieimburse the State for all
costs not reunbursable with Surface Txansportation Progcam (STP) Funds and associated State
matching funds.
AND WHEREAS,The Ciry of Bxook'sngs certifies that all work involved in the pxoject will take place
within the City's right-of-way, and that no additional right-of-way or construction easements are
required.
NOW,THEREFORE,BE IT RESOLVED,that The South Dakota Department of Transportation
be and hereby is authorized and requested to program for construction, in accordance with the
appxoved Secondary and Off-System Road Plan Agreement and the State's "Standard SpeciHcations
for Roads and Bridges"the project hexeinafter described.
Type of Construction: Cold Milling,asphalt paving and plastic pavement mazkings.
The Ciry of Btookings will iequest the 90/10 SWAP of Federal funds fox 100%State Funds.
No Consultant Services will be needed and City Staff will design project. No State services aze
zequired.
It is estimated that the City of Brookings will have approximately $841,874 STP and State matching
funds available in year 2007 of which this project will use$300,000.
F. Action on Resolution No. 57-06,for Federal Aid Surface Transportation Program:
P3245(00) PCN H15 - 22nd Avenue S. from 11th Street S. to 20th Street S.
Resolution No.57-06
Resolution for Federal Aid Surface Ttansportation Program
P32A5(00)PCN H015: 22�d Avenue From 11�Sueet S.to 20�Sueet S.
WHEREAS,the Biookings City Council desires the 2007 construction and improvement of the road
as hereinafter described: LOCATION AND LENGTH: 22"d Avenue from 11�' Street S. to 20�'
Street S. (1.0 mile)Estimated cost: �250,000.
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AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide proper
maintenance as required by the federal Highway Act as amended and supplemented thexeto fox the
project after construction is completed and to regulate or cause to be regulated the installation of
utility facilities within the limits of the right-of-way of the proposed pxoject in accordance with State
and Federal requirements.
AND WHEREAS,The City of Brookings is obligated and hereby agrees to reimburse the State for all
costs not reimbursabie with Surface Txanspoxtation Pxogram (STP) Funds and associated State
matching funds.
r1ND WHEREAS,The City of Brookings cerrifies that ali work involved in the pxoject urill take place
within the City's right-of-way, and that no additional right-of-way ox construction easements ate
xequired.
NOW,THEREFORE,BE IT RESOLVED, that The South Dakota Department of Transportation
be and hereby is authorized and xequested to program for construction, in accordance with the
approved Secondary and Off-System Road Plan Agreernent and the State's "Standard Specifications
for Roads and Bridges"the project hereinafter described.
Type of Construction: Cold Milling,asphalt paving and plastic pavement markings.
The City of Brookings will request the 90/10 SWAP of Federal funds for 100%State Funds.
No Consultant Services will be needed and City Staff will design pxoject. No State services aze
required.
It is estimated that the Ciry of Brookings will have $841,874 STP and State matching funds avaiIable
in year 2007 of which this pioject will use$250,000.
G. Action on Resolution No. 59-06, a Resolution Authorizing Change Order(CCO#4) For
ARFF/SRE Building, Mills Construction Inc.,Brookings, SD.
Resolution No.59-06
A Resolution Authorizing Change Ordet(CCO#4)For
ARFF/SRE Building
Mills Consttuction Inc.,Brookings,SD
BE IT RESOLVED by the City Council that the following change order be aiIowed for r1RFFJSRE
building: Change Order Number 4-:�4ills Construction,Inc.will modify the water metexs in the
ARFF building to allow fox better control and xeduction of monthly sewex rates.Adjust base bid for a
total increase of$622.54(�18.68 Ciry share).
On the consent agenda, all present voted yes;motion carried.
Ordinance No. 22-06—Rental Dwelling Units First reading was held on Ordinance No. 22-06,
An Ordinance Amending Article VI,Rental Dwelling Units of Chapter 22,Buildings and Building
Regulations of the Code of Oxdinances of the City of BYOOkings And Pertaining To Exits With
Certa.in Amendments T'hereto. Public Hearing Date: June 27,2006.
Ordinance No. 21-06—Conditional Use. First reading was held on Ordinance No. 21-06,an
ordinance for an a Conditional Use in the Residence R-3 District to establish a community center on
Block 7,Hyland Addition (2001 12th Street South). Public Hearing Date: June 27,2006.
Ordinance No. 19-06—Conditional Use. First reading was held on Ordinance No. 19-06,an
ordinance for a Conditional Use in the Residence R-2 District to esta.blish a major home occupation
(pxofessional office) on Lot 12, College Addition (683 Faculty Drive). Public Hearing Date: June
27,200G.
Ordinance No. 23-06—Cam�aign Finance. First reading was held on Ordinance No. 23-06,an
ordinance pertainuig to campaign finance reporting requirements for candidates. Public Hearing
Date: June 27, 2006.
House Moving, A public hearing and action was held on a house moving xequest from Kyle
Prodoehl moving a house to 213 5th Avenue South.
Di.ccusnon: MK Huggin.r pre.rented a verbad r�port on behalf of Kyle Prndoehl who aua.r unable to attend
She»y Karber, repre,renting 6 familie.r who oppose the.ce 2 re�idence.r in their neighborhood, read a.rtatement u�hach rvas
prouided to the City Clerk.
Koger Sandne.r.r,raid he didn't knoTV if the ozvner planned to apply for boardinghou.re de.ngnation.r.
Jackie Telkamp.raid Pmdoehl told neighborr that the�iropertie.r would be boardinghnu.re.r.
158
Public hearing clo.red.
A motion was made by Bartley, seconded by Bezdichek, to approve the house moving request.
Discussion: Dan Hanson,Planning& Zoning Administrator, said the properry is zoned R3A which
allows mixed uses. It could accommodate a 9 unit apartment building if lots were developed.
Boardinghouses are also a permitted use in this zone.
There was discussion if the foundations were dug without permits. Hanson noted that any work
done prior to approval is at risk.
Hanson clarified that there is no licensing or permitting done by the Planning Comtnission or
Council when a residential structure is demolished ox removed. Because the zoning allows these
uses these are permits by right and don't require further approvals.
Lanning asked Karber if she or other neighbors had filed any police reports or complaints xegarding
parties,noise ox trash. He questioned if there was an issue that needed addressing. She said they call
every year on the grass and noise.
The moving contract timeline was reviewed and found that the projects would be completed by
October 1,2006.
Hard surfacing would be required if the properties become boardinghouses. Is there a squaxe
footage requirement for a house to be designated as a boardinghouse? No. Hanson noted that the
property had been zoned R3A since 1966.
If the request is denied,options include all allowable uses for the land (mobile home,single familp,
duplex, apartment complex, sororiry/fraterniry, or townhouses).
The action taken by the Council is on zoning and will not address problems with noise,traffic or
gaxbage.
On the motion, all present voted yes;except Bezdichek and Whaley voted no,motion carried.
House Moving. A public hearing and action was held on a house moving request from Kyle
Prodoehl mov'sng a house to 207 Sth Avenue South. Motion was made by Bartley, seconded by
Reitz, to approve. All present voted yes;except Bezdichek and Whaley voted no,motion carried.
House Movin�. A public hearing and action was held on a house moving request from Rachel
Lefers moving a house to 2010 David Cove. Motion was made by Bezdichek,seconded by Reitz,to
approve. All pxesent voted yes;motion carried.
House Movin�. A public hearing and action on a house moving request from Corey Handrahan to
move a"Governor's house" to 125 36th Street South (in the 3 Mile Jurisdiction Axea). Motion was
made by Thomson,seconded by Reitz,to approve. All present voted yes;motion carried.
TABLED ITEM: Ordinance No. 11-06—drainaggplans. A motion was made by Reitz,
seconded by Reed, to remove this issue from the table. All present voted yes;motion carried.
A public hearing and action was held on Ordinance No. 11-06,amendments to the Subdivision
Ordinance pertaining to dtainage plans. A motion was made by Thomson, seconded by Reed, to
approve Ordinance No. 11-06, amendments to the Subdivision Ordinance pertaining to drainage
plans to June 13`�. Discussion: Lanning said this ordinance will be part of the dxainage manual that
developers and the city will refer to in developing drainage plans. Reed asked who will review the
plans. Lanning said the city engineer and the outside dra.inage consulta.nt retained by the City. All
pxesent voted yes;motion carried.
Ordinance No. 18-06. A public heaxing and action on Ordinance No. 18-06,An Ordinance
Amending Article II of Chapter 22 of The Code Ordinances Of The City Of Brookings And
Pertaining To The 2003 International Building Code With Certain Amendments The=eto (dsainage
issues). Iiearing: Dave Bertelson,Mills Construcrion architect,requested an explanation of the
amendments. Jackie Lanning, City Engineer, said this ordinance would require a drainage plan fot
commercial and business pxojects of one acre or moxe at the time of a building permit. Dan Hanson
clarified that commercial and industrial developexs don't know what will be built on the site for
some time. They may plat the land but it takes several years to develop. To require drainage plans
159
upfront would be difficult at time of platting. Once the land is final platted, SD regulations no
longer apply. This oxdinance gives the city a way to put drainage requiYements on land until final
development. Motion was made by Reed, seconded by Whaley, to approve Ordinance No. 18-06.
All present voted yes;motion carried.
Resolution No. 58-06—alley vacation A public heaxing and action on Resolution 58-06,vacating
an alley abutting lots 1 thYOUgh 9 in Block 5, Folsom Addition and located between Folsom Street
and First Street South. Motion was made by Thomson, seconded by Whaley,to approve Resolution
No. 58-06. Alt pxesent voted yes;motion carried.
Resolution No.58-06
Alley Vacation
WHEREAS,a peririon to vacate has been filed with the Ciry Clexk of the City of Brookings,and
WHEREAS,the petition was filed in pxoper form and signed by one hundred pexcent(100%)of the
adjacent property owners.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Brookings:
That the alley abutting lots 1 through 9 in Block 5,Folsom Addition and located between Folsom
Street and First Street South is hereby vacated with the following condition:
1. A utility easement shall be retained ovex the South 130 feet as shown on
the attached Exhibit"A"
TABLED ITEM: Utilitv Board a�pointment Reconsideration of action on an appointment to
the Urility Board. Motion was made by Reitz, seconded by\X/haley, to remove this item from the
table. All pxesent voted yes;motion caxried. Original motion: A motion was made by Bartley,
seconded by Bezdichek, to reconsider action taken on May 23,2Q06 to appoint Titn Harvey to the
Utility Boaxd. All present voted yes;except Whaley voted no;motion carried.
Event Center A,greement A motion was made by Reed, seconded by Thomson,to approve an
amendment to the Event Center Agreement. Discussion: The County Commission is concerned
that the new advisory board with city and county representation has not been established. Britzman
will draft a docutnent for County and City consideration for the June 27�'meeting. All present
voted yes; except Bezdichek voted no;motion carxied.
C�of Brookings & Com�ass Management A,greement A morion was made by Reitz,
seconded by Reed, to approve an agxeement between the City of Brookings and Compass
Management for management of the Swiftel Center. All present voted yes;motion ca.rried.
TABLED ITEM: Mid-Size Loader Bids. A motion was made by Reitz, seconded by Thomson,
to remove this item from the table. All present voted yes;motion carried. A motion was made by
Whaley, seconded by Reitz, to award bids for a lease/puxchase of mid-size articulating front-end
loader to Sheehan Mack Sales at low bid of$79,754.64 in three equal annual payments of
$26,584.88.
BID TAB-PARKS&RECREATION
FRONT-END LOADER SHEEHAN DIESEL
LEASE/PURCHASE RDO EQUIPMENT EQUIPMENT MECHANICS
Ma 19,2006 Marshall,MN Sioux Falls,SD Sioux Falls,SD
$ase bid-fxont-End loader
with o tions and attachments
*TOTAI.OF PAY;�IENTS $86,098.50 $79,754.G4 j92,423.19
1. First Pa ment 2006 $28,699.50 $26,584.88 �30,807.73
2. Second Pa ment 2007 �28,699.50 $26,584.88 $30,807.73
3. Third Pa ment 2008 �28,699.50 �26,584.88 �30,807.73
EST.DELIVERY DATE 90-120 da s 90-120 da s 90 da s
Discu.crion: Allyn Frerich.r had reque.rted the bid,r be tabled at the la.rt meeting in order to re.rearch.rpecification.r on
the engines:
An R.DO Equipment repre.rentative objected to the bid recommendation.r que.ctioning the.rpecification interp�tation.
Frerich.c,raid the bid au�ard engine meet.r the.rpeczficationa and is lo�v bid. He also contacted 4 d�er�nt onmers and
none hdd problem.r lvith performance.
All present voted yes;motion carried.
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Action on Interim City Mana�;er Salaryr A motion was made by Bardey, seconded by Reitz, to
set the Interim Manager salary at$1500 per week and direct the Human Resoutces to develop a
contract for Council action on 3une 27�' that addresses incidentals (cell phone,mileage, etc.). All
present voted yes;motion caxried.
City of Brookings & Old Sanctuary Agreement. A motion was made bq Bardey, seconded by
Reed,to approve an amended agreement between the City of Brookings and Old Sanctuary. All
present voted yes;motion carried.
AMENDMENT TO AGREEMENT
For Use of On-Off Sale Malt Beverage License and On-Sale Wine License
Old Sanctuary,L.L.C.
THIS AMENDMENT TO AGREE.'vIENT is made and entered into this 13Ln day of
June,200G,by and between the CITY OF BROOKINGS,SOUTH DAKOTA,hereinafter
sometimes referred to as"CITY",a Municipal Corporation,of Brookings,South Dakota;and OLD
SANCTUARY ASSOCIATES,L.L.C.,hexeinafter sometimes referred to as the"OLD
SANCT'LJARY",WITNESSETH:
WHEREAS, the parties heretofore entered into an Agreement entifled Agreement Foi
Use Of On-Off Sale Malt Beverage License And On-Sale Wine License, dated as of October 28,
2003;and
WHEREA.S,the City has detexmuied that less frequent zeview of this Agreement is
warranted and therefore the parties now desire to modify the above-zefexenced Agteement dated
October 28,2003,by making the amendment as hereinafter provided,now therefore,
IT IS HEREBY AGREED BY AND BETWEEN THE P.ARTIES AS FOLLOWS:
Section F.of the Recitals is amended to provide as follows:
F. The Ciry and Old Sanctuary undeistand and agree that use of the On-Sale Malt
Beverage License and On-Sale Wine License for the Old Sanctuaty shall be reviewed at the time the
Operating Agxeement held by Old Sanctuary Associates,L.L.C.is subject to renewal in order to
determine that the neighborhood is not adversely affected by the use of these On-Sale Licenses,and
that notwithstanding this r�greement,the City may review this Agreement as necessary or terminate
the use of the licenses,in a mannet consistent with law,if necessary to avoid adverse unpacts upon
the surrounding neighborhood.
Section 1.1.of the Agreement is amended to provide as follows:
1.1. T'his Agreement shall be reviewed when the Operating Agreement is scheduled for
renewal.
The parties hexeby xarify and confirm all othei provisions of the original Agreement For Use
Of On-Off Sale Malt Beveiage License And On-Sale Wine License, dated as of October 28, 2003,
not modified by this tlinendment, and hereby affirm their intent to have said Agreement remain in
full force and effect.
Executive Session. A motion was made by Thomson, seconded by Reitz,to entex into Executive
Session at 7:25 p.m. to consult with legal counsel about proposed or pending litigation matters with
the City Council, City Manager, Interim Ciry Manager, City Clerk,and attorney Kent Cuder present.
All present voted yes;motion carried. A motion was made by Reed, seconded by Bartley, to exit
Executive Session at 7:40 p.m. All present voted yes;motion carried.
Ad�,'ourn. A motion was made by Whaley, seconded by Reed, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:40 p.m.
Ci f Broo1
zv o . Munsterman, ayor
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.r" ornes,City Cler