HomeMy WebLinkAboutCCMinutes_2006_12_05 234
Brookings City Council
December 5, 2006
The Brookings City Council held a meeting on Tuesday,December 5,2006 at 5:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,
Julie Whaley,Mike Bartley and Michael Reitz. Council Members Tim Reed and Ginger Thomson
absent. Interim City Manager Dennis Falken, City Attorney Steve Britzrnan, and City Clerk Shari
Thornes wete also present.
U�date on Code Enforcement review�rocess. Falken and other city staff provided the
following xeport.
"House Moving Permit Rec�uirements -Brookings Ordinance Sections 22-221 through 22-226
ptovide the procedures for house moving,which requires a permit from the city engineer and
compliance with the ordinances which pertain not only to the movement of the house,but
compliance wtth the zoning and building code requirements if the house is moved to a location
within the jurisdiction of the City. The staff reviewed the house moving application and has
implemented two new requirements:
1. Performance Bond: The applicant or their contractor will be xequired to obtain a pexformance
bond for the work needed on the home after it is moved to the new site. Typical work may include
shingling, front steps,wiring,plumbing and other miscellaneous construction. The bond will
provide the Ciry a remedy to pay for the work if the homeowner or their contractor does not finish
the work. If the applicant or their contractor can not obtain a performance bond, the City will
require the applicant to sign an escrow agreement. The applicant would need to give the Ciry a
check for the value of the work. The City would hold the check until all of the work is completed.
In the event the work is not completed,the Ciry would utilize the escrow to pay for the necessary
work.
2. Memorandum of Understanding: The applicant is required to sign a memoxandum of
understanding for the project. The agreement would specifically describe the required work and a
deadline for completing the work. One example is shingling: shingling could be described as, "new
shingles installed on 100% of the home's roof area". The agreement will provide a clearer
understanding between the applicant and the City of what is required and when it needs to be
completed. Staff will also be working with the City Attorney to examine the e�sting penalties for
not completing a house moving project, and ways they may be ixnproved or clarified."
Di.rcu.r.cion: Reitz said he was pleased and these changes were a step in the right direction.
Munsterman noted that the Council has received complaints about incomplete landscaping. Dan
Hanson said that most complaints are about getting the project done. Munsterman asked when
appearance standards apply. Hanson said the city code allows any style of house to be built in any
part of town, so appearance can't be controlled. He noted that the City's house moving agreement is
unique and most communities don't have this type of agreement.
Bartley asked if city officials had any issues on enforcement of the agreerrient. Falken said the
memoxandum of undexstanding between the city and the property owner provides clarity on
responsibilities and deadlines. City personnel follow up with inspections based on those rimelines.
Britzman said the city can also follow-up with penalties in areas of non-compliance.
Property Maintenance Ordinance Requirements
Staff discussed the weed control requirements of City Ordinances,which have been mentioned at
recent Council Meetings. For the discussion on Weed Control, the current city ordinance is
provided:
"Sec. 62-86. Duty of Owner.
No ozvner of any lot,place or area u�ithin the city, or the agent of.ruch owner, or the occupant of.ruch lot,place or area,
.rhall allorv or permit to remain upon any.ruch lot,place or area, or u�ion any.rideu�alk or boulevard abutting the.rame
any u�eeclr, tall and unde�irable gra.r.r or deleteriou.r or unhealthful gm�vth.r or other noxzou.r matter that may be
gro:ving, lying or located thereon, and the gror�ring of such weed.r or other noxiouf or unhealthful vegetation is hereby
declared to be a nui.rance. The pre.rence of primary or.recorrdary no.xiou.r u�eed.r as identafied by the county sveed board
or the grosvth of any other vegetation referred to in thi.r section to a height of 15 inches or more.rhall be a prima facie
evidence of,ruch nui.rance and a violation of thi.r divi.rion.
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The current ordinance was written may years ago,and has functioned well. However, the language
may need some clarification. Currendy,Allyn Frerichs,Park,Recreation,and Forestry Director,
performs inspecrions of property that have grass or weed complaints. The policy fox enforcement
has been that the 15 inch height is enforced in developed neighborhoods. The pxoperry ownex is
contacted either verbally or in writing, and given five days to mow the grass. If the ptoperty is not
mowed,the Parks department may mow the grass and bill the owner. The palicy for undeveloped
areas, such as hay ground, the property owner may hay the grass during the faYming season. If
property is not hayed, the property owner will be contacted either verbally or in writing,and given
several days to mow or hay the grass. If the ptoperty is not mowed, the Parks department may mow
the grass and bill the owner.
Current ordinance does not differentiate between undeveloped neighborhoods and developed
neighboxhoods,and this may need to be clarified. Staff will review the 15 inch height requirement
and look at other areas that may need revision."
Discus�ion: Allyn Frerichs recommended using a seasonal city employee to track code enforcement
since these issues are more rypically in the spring, summer and fall rather than year-round.
The ordinance hasn't been xewritten in recent years and some axeas could be clarified. One issue is
misunderstood issue is dandelions; they are not a no�ous weed as defined by the State Department
of Agriculture. The height of grass is very subjective and he was uncomfortable with lowering the
height below 12 inches. It is difficult to deterinine how far to regulate and legislate landscaping
standards. He noted that some exceptions would be needed for native gxass lawns. 'The law
currendy doesn't differentiate between grass and other plants.
Frerichs said 75%of the lawn complaints are repeats,which could be monitored more closely. Some
are owner-occupied and some are rentals.
Rental DwellinQ Unit Licensin�Requirements. Ciry staff gave the following report.
'$rookings Ordinance Axticle VI, of Chapter 22 provides for the definition of rental dwelling units,
the requirements of a resident agent,a license for leased dwelling units and the min;m�sta,ndaxds
for leased or rental dwellings. The Ciry created the housing inspection license in 1991,which
provided for an inspection of rental properties for a minimal fee for the la.nd owner. There are
curxendy over 3,000 licensed rental ptoperties,which are licensed on a 2 or 4 year basis. The license
fee is based on the number of units,with a sliding scale. For example,a single family rental home is
$40 for a 4 year license. Inspections are conducted fox newly licensed rental dwelling units and at
other times. Inspections are intended to determine if the smoke detector and e�t requixements are
in compliance,but if other obvious safety or health conditions are noticed in the inspection, these
would also be identified as conditions to be corxected. City Ordinance complaints can be issued for
failure to license leased dwelling units, failure to comply with smoke detector or exit xequirements,
and failuxe to appoint an agent or comply with paxking requirements.
Staff discussed the possibilitp of cxeating a xental pamphlet which could be provided to landlords.
The pamphlet could describe lanc�lord responsibilities,include parking requirements,life safety
requirements,noise ordinance, snow removal ordinance,weed control oxdinance,and other
pertinent information. A pamphlet may assist in educating the landlords about the current City
ordinances. The City Engineexs Office currend�y has a pamphlet on Renters Rights,which is given
to rentexs upon request."
Di.rcu.r.rion: Reitz said he would like to see the window size increased. He also feels the city must be
proactive and inspect all units,noting there axe illegal bedrooms (i.e. inadequate emergency egress) in
some dwellings. Another proactive step would be educating all landlords about their responsibilities.
Dan Hanson,Planning&Zoning Administtator, said the window size requirements haven't changed
since the 1968 building code. Prior to that there were no codes or standards to comply with. Many
homes build prior to the 1950s were never designed for rental housing,particulasly in the basements.
Many improvements have been made since the code was implemented in 1968. Very rarely do city
officials now find people living in basements without some form of egress. He agreed that public
education would be helpful. Howevex, the current egress window requirements did the job and they
are on the right track.
Hanson said the univexsity off-campus housing office used to provide valuable inforrnation about
landlords and rentals. •
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Mitch Fargen, SDSU Student Senator, said the university is planning to reinstate the housing office.
Whaley suggested compiling a list of all other pertinent ordinances for the students that deal with
noise, furniture in yards, etc.
Falken said the staff recommendation is that the city doesn't need to lure another staff to drive
axound looking for code violations. There are issues such as couches in front yards, abandoned
vehicles, etc. that current staff can monitor. Ciry officials will try to correct these problems and the
City Council can Yeevaluate staffing if they feel not enough is being done.
City Charter Revisions. Earlier this pear the Council suggested developing a list of suggested City
Charter revisions to forward to a Chartex Commission. They recommended waiting until after the
budget process to begin. The process to amend the City Charter is sripulated in Axticle VIII,
Sections 8.01-8.03, of the�?evised Brooking.r City Charter, effective November 12,2002.
Bartley said he was the one who had suggested forming a charter commission;however,he sees only
minor amendments are needed and doesn't feel a charter commission would be warranted. He may
develop proposed amendments,working through the city attorney, to present to the City Council at
a la.ter date.
Bezdichek asked if the Council isn't doing something it's supposed to be doing. Britzman agreed
that a periodic review of the Charter was a good idea and should be done. Review at a work session
was recommended.
Review of 6:00 p.m. meeting topics. The Interim City Manager responded to questions
pertaini.tig to the action items on the agenda.
To�ic introduction for future agendas. Shari Thornes,Brookings Ciry Clexk,provided a briefing
on future agenda items.
The Council requested an update xeport at the next meeting on the projected 2006 budget surplus.
The Council may consider allocating funds towards staffing retail development through t�e;�BEDC
if they feel that is within theix oxganization's mission. The Council may also want to set aside money
for safety.
Briefing on u�coming council invitations and obligations. Thornes reviewed the Ciry
Council's upcoming invitations and obligations.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Item H -Resolution No. 126-06 was removed from the agenda. A motion was made by
Reitz, seconded by Whaley, to approve the consent agenda which included:
A. Agenda.
B. Acdon on Resolution No. 120-06, awarding bids for airport snow removal equipment.
Resolution No.�20-06
Resolurion Awarding Bids on Airport Snow Removal Equipment
Whereas,the City of Brookings has received the following bids for Airport Snow Removal
Equipment:
Total Base Bid:
Tiger Corporarion,Sioux Falls,SD $173,130.00
Farm Implement&Irtigation,Brookings,SD $163,083.00
Total Base Bid with Alternate Deduction#1
Tigex Corpoxation,Sioux Falls,SD $159,580.00 �
Farm Implement&Imgation,Bxookings,SD $151,578.00
Total Base Bid with Alternate Deduction#2
Tiger Corporation,Sioux Falls,SD $157,489.00
Farm Implement&Irrigation,Brookings,SD $147,925.00
Total Base Bid with Altemate Deduction#1 and#2
Tiger Corpoxation,Sioux Falls,SD $143,939.00
Farm Implement&Irrigation,Brookings,SD $136,420.00
Now Therefore,Be It Resolved that the Total Base Bid for Airpoxt Snow Removal Equipment from
Farm Implement&Ifrigation in the amount of$163,083.00 be awarded.
C. Action on Resolution No. 121-06, authorizing the City Manager to sign a revised
operating agreement with Ram& O'Hare's Enterprises LLC.
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Resolution No.121-06
The Ram-Liquoc Operating Agreement
BE IT RESOLVED by the city of Brookings,South Dakota,that the City Council hereby approves a
Lease Agreement for the Operating Liquox Management r�greement between the City of Brookings
and Agreement for The Ram,327 Main Avenue,Bxookings,South Dakota,legal description: the east
121 feet of Lot 14 in Block 3,Original Plat Addition,City of Brookings,South Dakota,owned by
Ram&O'haxe's Enterprise,LLC,Jerry Young and Tammy Young,owners,of Brookings,South
Dakota,for the purpose of a liquox managei to operate the on-sale establishment or business for and
on behalf of the City of Brookings at The Ram.
BE IT FURTHER RESOLVED that the City�lanager be authorized to execute the Agreement on
behalf of the City,which shall be for a period of ten yeaxs with a renewal in five(5)yeaxs.
D. Action on Resolution No. 122-06,Establishing Medical Insurance Monthly Contribution
Rates for the City Of Brookings Health Insurance Program.
Resolution No.122-06
Establishing Medicat Insurance Monthly Contriburion Rates for the
City of Brooldngs Health Insurance Program
WHEREAS,Resolution No. 109-96 established a self-funded piogram fox the provision of health insurance
fox City employees;and
WHEREAS,establishing a corridox 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 employex contribution
to fund the progxam;
NOW,THEREFORE,BE IT RESOLVED that the 2007 employee and employei contriburions to the self-
funded health insurance program be established as follows:
Ciry General Public Safety Employees
Employex's Employee's &Non-Represented PS Employees
Employei s Employee's
Share(75%) Share(25%) TOTAL Share(85%) Share(15%)
Single $330.59 $110.20 $440.79 $374.67 $66.12
Employee/Minox $567.47 $189.16 $756.63 $643.14 $113.49
Dependents
Employee/Spouse $706.88 $235.62 $942.50 �801.13 $141.37
Family $877.34 $292.44 $1,169.78 $994.31 $175.47
E. Action on Resolution No. 123-06,Establishing Dental Insurance Monthly Contribution
Rates for the Ciry Of Brookings Dental Insurance Plan.
Resolution No.123-06
Establishing Dental Insurance Monthly Contribution Rates for the
City of Brootdngs Dental Insurance Plan
WHEREAS,BE IT RESOLVED that the 2007 employee and employer contributions for the dental insuxance
plan be established as foltows:
Ciry Genexal&Public Safety Employees
Employer's Employee's
Share(75%)
of single rate 2007 Share TOTAL
Employee Only $23.97 $7.99 $31.96
Employee+l $23.97 $37.33 $61.30
Employee+2 ox moxe $23.97 $61.43 �#8�.40
F. Action on Resolution No. 124-06, Establishing Vision Insurance Monthly Contribution
Rates for the City Of Brookings Vision Insurance Plan.
Resolution No.124-06
Establishing Vision Insurance Monthly Contribution Rates for the
Ciry of Brookings Vision Insurance Plan
WHEREAS,BE IT RESOLVED that the 2007 employee and employer contributions for the vision
insurance plan be established as follows:
City Genexal&Public Safety Employees
Employer s �
Share(75%) Employee's
of single xate 2007 Share TOTAL
Employee Only $6.80 $2.26 $9.06
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Employee/Spouse $6.80 $9.05 $15.85
EmployeeJChildren $6.80 $12.22 $19.02
Family $6.80 $16.76 $23.56
G. Action on Resolution No. 125-06, Final Change Order for 2006-03STI,32nd Avenue/24th
Street Utiliry Project.
Resolution No.125-06
A Resolutzon Authorizing Change Order CCO#1(FINAL)For
2006-03STI 32"d Avenue&24�h Sueet Utility Project
Prunty Construction Co.Inc.,Broolcings,SD
BE IT RESOLVED by the City Council that the following change oidex be allowed for
2006-03STI,32pd Avenue&24�'Street Utility Paving Project:
Change Order Number 1(final):
Adjust bid quantities to the as-built quantities,at the appropaate unit prices as bid for a total increase
of$7,787.45.
On the consent agenda,all present voted yes;motion carxied.
1g`Reading—Ordinance No.39-06—Bud� t. First xeading was held on Ordinance No. 39-06,an
Ordinance Entided"An Ordinance Authorizing a Supplemental Appropriation to the 2006 Budget
for the Purpose of Providing fot Additional Funds for the Operation of the City. Public hearing:
December 12, 2006
Executive Session. A motion was made by Whaley, seconded by Reitz,to enter into Executive
,Session at 6:09 p.m. for contractual matters with the City Council, City Attorney, City Manager and
City Clerk present. All present voted yes;motion carried. A motion was made by Reitz, seconded
by Whaley, to exit Executive Session at 6:50 p.m. All present voted yes;motion carried.
Adjourn. A motion was made by Whaley,seconded by Reitz,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:50 p.m.
City of Brookings
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.Munsterman,Mayot
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axi Thornes,City Clerk GT�o..�s"�