HomeMy WebLinkAboutCCMinutes_2007_07_24 365
Brookings City Council
J�y 24, 200�
The Brookings Ciry Council held a meeting on Tuesday,July 24, 2007 at 5:00 p.m., at Ciry Hall with
the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,Julie
Whaley,Mike Bardey, Michael Reitz,Tim Reed and Ginger Thomson. City Manager Dennis Falken,
City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Reception. A reception was held at 4:00 p.m. for Council Member Mike Reitz. Council Member
Reitz was thanked for his service on the Council.
Review of City Manager Recruitment Candidate Profile and Timeline.
Tuneline. The City Council reviewed a draft timeline for the process:
City Council initial review&input on brochure and action on the timeline: July 24,2007
Review and Finalize City Manager Recruitment Brochure/Advertising: July 24-August 7,2007
Deadline to submit fmal Draft of Brochure and Ads for City Council packet: August 7,2007
City Council action to approve the brochure: August 14,2007
Recruittnent Materials Posted/Published/Distributed: August 15,2007
Deadline to submit hiring committee names for City Council packet: August 21,2007
City Council action to appoint Hiring Committee Members: August 28,2007
First review of resumes&applications: September 17,2007
Candidate Inforr�ation to Council in separate mailing: September 20,2007
City Council review of candidates&,selection of candidates to interview: September 25,2007
Notify candidates—send questionnaires: September 26,2007
Deadline to return questionnaires: October 4,2007
Semi-Final Questionnaires and Pre-screen Interviews Completed: October 16,2007
Candidate information to Council in separate mailing: October 18,2007
Candidate Profiles/Recommendations of Finalists to City Council: October 23,2007
Final interviews in Brookings (executive session—special meetings): November 5&6,2007
City Council action to extend offer to finalist(special meetin�: November 7,2007
A motion was made by Thomson, seconded by Whaley, to approve the timeline as presented. All
present voted yes;motion carried.
Brochure. City staff will solicit input fxom other community leaders. A1 Heuton and his staff will
assist with the final product.
The Council discussed the salary range to be listed in the document. Bezdichek suggested the
following language: "starting the mid 90's." The Council requested comparison data on other
managers in town as to salary, number of employees and other benefits.
Munstexman asked if tl�e recnuttnent could utilize national databases to target curxent assistant city
managers in similar or larger sized cities. Donna Langland,HR Director,plans to use the NLC and
ICMA and statewide organizations such as in Minnesota.
Council members with suggested changes to the brochure were asked to email the City Clerk. She
will provide all comments to the HR Director and the full Council for review and consideration.
Final action on the brochute is scheduled for August 14`''
Pro�ect Insight. On June 5`'', the City Council included participation in SDSU's "Project Insight"
project in their 2007 and 2008 goals and suggested Council members contact these communities to
gather information.
Al Heuton and his staff at Brookings Economic Development assembled some data on these
communities. Heuton presented community-specific data to the Council. He and his staff plan to
continue their research.
Munsterman recommended that the City Manager solicit input from the City's Leadership Team on
questions to ask these communities.
He also noted that SDSU Ptesident Chicoine is in the process of planning trips to some of these
communities. Munsterman hopes that some Council members can attend these tnips and spend
time meeting with city officials. Any Council members participating in a trip will be provided a list
of questions specific to those communities.
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Review of 6:00 p.m. meetin�to�ics. The City Manager responded to questions pertaining to the
action items on the agenda.
City Clerk Reports. Shari Thornes, Brookings City Clerk,provided a briefmg on future agenda
items and upcoming invitations and obligations.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Reitz, seconded by Whaley, to approve the consent agenda
which included:
A. Agenda.
B. Minutes (July 10th). �
C. Action on bids to sell a surplused 1978 truck for the Street Dept.Bids were opened on
July 10"' for the Street Departments 1978 Ford Single Axle Dump Truck. One bid was
received from Ray Langland in the amount of$800.00. No bids were received for the
1991 Henderson Sander, therefore the City has requested transferring the sander to
another city department.
D. Action on a temporary liquor license for the Fireman (Park& Recreation& National
Guard Armory) on September 8,2007.
E. Action on Resolution No. 51-07,designating park& recreation as a temporary
convention facilities.
Resolutiott No.51-07
Resolution Designating the Park and Recteation Center as a Convention Hall
WHEREAS,the Brookings City Ordinance Section 5-21 "Temporary on-sale license for use at
convention Hall",states"Any public convention center or hall designated by resolution of the City is
hereby designated as a convention hall of the City for purposes of temporary on-sale alcoholic
beverage licensing. The use of each convention hall by any person holding a temporary on-sale
alcoholic beverage ticense shall be govemed by the rules or regulations pertaining to each respective
facility."
WHEREAS,SDCL 35-4-142 further states there may be issued in any municipality one on-sale
license to be operated at a designated convention hall,and
WHEREAS,the Park and Recreation Center located at 221 Main Avenue is utilized for many
different functions and events,and
NOW,THEREFORE BE IT RESOLVED that the Park and Recreation Centex be designated as a
Convention Hall on September 8 and 9,2007.
F. Action to appoint Stacy Howlett to the Planning commission,term expiring on
December 31, 2010.
On the motion, all present voted yes; motion carried.
ABLE (AbilitX, Belief, Leadershi,p� and Equality, Awards. Kuxt Cogswell, Chair of the
Brookings Committee for People who have Disabilities,presented the 2007 ABLE Awards to
Lowe's of Brookings and CAPITAL Caxd Services.
1S` Readin�—Ordinance No. 23-07: Budget A�propriation. First reading was held on
Ordinance No. 23-07, an Ordinance Entided"An Oxdinance Authorizing a Supplemental
Appropriation to the 2007 Budget for the Purpose of Pxoviding for Additional Funds for the
Operation of the City." Public Hearing: Augu.rt 1¢'b
ADA Policies. A motion was made by Whaley, seconded by Reed, to approve the £ollowing
Americans with Disabiiities policies related to platform lifts and automatic door openers. All
present voted yes;motion carried.
Use of Platform Lihs Prohibited in New Consttucrion,Remodels,and Rettofits
of City Owned or City Funded Facilities
Although the ADAAG,Section 1109.7 Lifts,states that platfoxm(wheelchair)lifts are permitted to be
a part of a required accessible route in new constnxction in some cixcumstances,the City of Brookings
recognizes that platform lifts typically result in a separate,stigmatizing experience for people who use
them,a situation that violates the spirit of the ADA as well as the principles of univexsal design.
Therefoxe,platform lifts(also refexred to as mechanical lifts ox wheelchair lifts)will not be allowed in
the new construction,remodel,or retrofit of city owned or city funded facilities,except under speciat
exemptions cited below. Elevators or ramps must be provided as a means of access.
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Lifts will only be considered where it is infeasible to install a ramp or elevator. To exempt a project,
the department head or funding applicant must submit a written request identifying specific reasons
for the exemption to the ADA Compliance Officer. The Officex will provide a written
recommendation to the appropriate department head and City Managex. The City Managex will make
a decision in the matter. The City Council will be advised oE any exemptions and provided the
opportunity to override the City Manager's decision.
Automatic Door Openers Required in New Construction,Remodels,and Retrofits
of City Owned or City Funded Facilities
The City of Brookings recognizes automatic door openers can provide improved access to its services
Eor all citizens,including those with disabilities. Therefore,automatic and/or manual(push-button)
dooi openers will be required in all new construction,remodel,or retrofit of city owned or city
funded facilities. Automatic door opening devices,in compliance with ADAAG requirements,must
be installed in primary entrances closest to the accessible paxking.
To exempt a project,the department head or funcling applicant must submit a written request
identiEying specific reasons for the exemption to the ADA Compliance Officer. The Officer will
provide a written recommendation to the appropriate departrnent head and City Manager. The City
Managex will make a decision in the matter. The Ciry Council will be advised of any exemptions and
provided the opportunity to override the City Manager's decision.
Presentation of final report from Brookings Railroad Committee. Ed Hogan, Chair of the
Brookings Rail Safety Cominittee,provided an overview of the Committee's final xepoxt to the
Council.
Hogan reported that the Committee has put forwaxd the following recommendations for Council
consideration:
1. Adopt the folloaving recommendation.r a.r the Interim Brooking.r Kail Safety Plan.
2. The Mayor.rhall formally noti�y all applicable federal government agencie.r, our Congre.r.rional delegation, the
Governor of South Dakota and South Dakota Department of Tran.rportation, and the Kailroad that the
City of Brooking.r.reek.r to immediately enter into di.rcu.r.rion.r urith the railroad and appropriate agencze.r
intended to lead to the development of a 6ypa.r.r route ar�und Brooking.r for the safety of the people of
Brooking.r.
3. The City of Brooking.r.rhall e.rtabli.rh the Brooking.r Community Kail Authority to protect and facilitate the
.rafety of the people of Brooking,r and promote�ective use of rail.rervice.r. A.r it,c first ta.rk, the City,rhall
charge the Brookinv.r Community I�ailAuthority zvith developing a formal Brooking.r Rail Plan for the
con.rideration and approval of the City Council.
The Brooking.r Community Kuil�uthority aa�ill repre.rent the inte�.rt.c of the city and work in concert u�ith
the City Manager, City Attorney,Mayor, and City Council in providingguidance and direction for lead
negotiator.r in their interactions with the railrnad(.r),government agencie.r, and other.rafety and/or economic
related entitie.r.
4. �'or the immediate fafety of the comrrtunity, the Cfty of B�noking.r.rhalt begin the proce.r,r ofgating the tu�o
bu.rie.rt cro.r.rings in toivn namely Main Avenue and 22"'�Avenue. The City.rhould also.reek to attain
`ivhistle free".rtatu.r for tho,re ttvo cro.r.rings. The City.rhould then charge the ne2v Brooking,t Community
I�ail Authority zvith developing a plan and time line forgating all othergrade cro.rsings in the city, inStalling
appropriate fenczng along tbe track, and attaining the designation of`ivhi.rtle free"cro.r.ring.r.
5. The City.rhall hire a pmfe.r,rional lead negotiator to repre.rent the City of Brooking.r in railmad related
negotiation proce.r,re.r ldeally thi,r perron 2vould be an e.�erienced profe.crional u�ith an e.rtabli.rhed record of
negotiating zvith railroad(.r)and government entities. This profe.r.rional negotiator zvould be charged u�ith
leading all a.r.rigned�ort.r to achieve community goal,r. The lead negotiator tvould zvork under the.rupervi.rion
of the City Manager.
6. The Brooking.r City Council shall formally de.rignate a Director of Community Safety. That individual
.rhould be a.r.rigned the re.rpon.ribility of developing formal authori�ed city emergency.rafety and Ha�mat plans,
develop formal.ry'.rtematic re.rpon.re plan.r and pmgram,r to re.rpond to di.ra.rter.r in concert svith county, .rtate,
and federal emergency o�cials. That indiuidual should also be exfiected to monitor rail and highrvay
.rhipment.r and prepare for emergencie.r related to the tran.r-portation of ha�ardou,r material.r,fuel,r, chemical.r,
and nuclear ava.rte througb the community. The Director of Community Safety.rhould alSO e.rtabli.rh a formal
Brooking.r Ha�mat team comparable to the level of experti.re found in Sioux.Fall.c, I�aterto�vn,f�berdeen
and Rapid City.
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7. The City.rhall identify, retain, and.reek guidance from experzenced profe.r.rional railroad con.rultant.r including
e.xpert.r on.rafety and health, engineerin�government program.r and finance. From thi,r point fonvard, the
City and Aail Authority need to utili�e e.xperienced profe.r.rional experti.re to a.r.ri.rt in achieving rail.rafety
related goal,r, to implement action.r, and to achieve de.rired outcome.c.
8. The Mayor, City Manager, and/or City Attorney.rhall conduct an immediate review of hoav condition.r have
changed�ince the SurfQCe Tran.rportation Board i.rsued it.r Final Environmental Impact Study and rej�ort
tho.re change.r to the Czty Council and the Brnoking.r Community I�ail Authority. Thi.r.rhould include an
understanding of potential authori�ation.r and impact.r relative to any change in owner.rhip of the railroad.
The City.rhall al.ro a.crume re.rpon.ribility for communicating the.re change.c to relevant federal agencie.r such a.r
the Surface Tran,rportation Board. Such communication.rhall al.ro ask.raid agencie.r to review earlier policie.r
in light of the.re change.r.
9. In the event of a change of o2vnerrhip of the exz.rting railroad(.r), the B�oking.r Kail Safety Committee
recommend.r that the Mayor invite the nesv o2vners and chief admini.rtrator.r to vi,rit Brooking.r andgain an
understanding of the unique.rafety and health need.r of the community and to discu.cr hozv both.rhould respond
to thi.r�ituation.
10. The City Attorney.rhall be.cuuj�ported in hi.r e�'ortr to develop a.rolid e.x�ierti.re regarding all community, .rtate,
federal, and railroad law.r�lated to the rights of communitie.c relative to rail�nad(.r)and mandated lata�.r
related to protecting the.rafety and health of the citi�enry. He.rhall al.ro be required to update the City
Council and the Bmoking.r Community IZailroad Authority on recent develo�iment.r in thi,r area.
A full copy of the 41 page xeport is available online and at the City Clerk's Office.
Munsterman said the report will take time for the Council to review. He thanked the committee
members for all the houxs they spent on the project. He recommended this item be placed on a
future work session to review in greater detail. He invited anyone who was interested to attend that
meeting.
Hogan noted that few citi2ens attended the committee meetings;however,comments members
heard most from people on the stxeet was an overall opposition to an overpass.
Brad Bonde,ruxal property owner,reviewed some of the key milestones of this issue: In September
2000 the Surface Transportation Board (STB) issued its draft Environmental Impact Statement
(EIS);September 2001 voters rejected the bypass plan;in 2001 the STB issued its final EIS;in
January 2002 the STB gave final approval to project;and in 2003 8�'Circuit Court of Appeals upheld
the final EIS ruling. Bonde commented that many of the items noted in the report have akeady
been reviewed and talked about. He recommended the Council recall where the community has
already been with the issue. The STB prefers reuse of existing rail corridors over creating new rails.
In order for them to support a bypass,it must provide obvious environmental benefits to be
preferred over existing rail corridor. Neithex of the bypasses offered obvious environmental
advantages. He said the current Brookings shippers would not benefit from a bypass.
Improvements to the e�sting rail line with safety mitigations are preferred. He also noted how
much money it would cost to build a bypass. Improvements to 13.3 miles of existing rail are
estimated to cost$22-28 million. He cited SD Department of Transportation (SDDO'I) railroad
safety statistics of rural verses urban settings. �
Adjourn. A motion was made by Whaley, seconded by'I'homson, to adjourn. All present voted
yes;motion carried. Meeting adjourned at 7:09 p.m. �
City of Brookings
Sc . Munsterman,Mayor
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