HomeMy WebLinkAboutCCMinutes_2007_12_11 456
Brool�ngs City Council
December 11, 2007
The Brookings Ciry Council held a meeting on Tuesday, December 11, 2007, at 6:00 p.m., at City
Hall with the following members present: Mayor Scott Munstertnan, Council Members Julie
Whaley,Mike Bardey,Ryan Brunner, Ginger'I'homson, and Tom Bezdichek. Council Member Tim
Reed was absent. City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari
Thornes were also present.
Reception. A reception was held at 5:00 p.m. for Dennis Falken in recognition of his service as
City Manager.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Action on Resolution No. 92-07, authorizing the City of Brookings to accept a
gift of property,update on proposed liquor legislation,and an executive session for personnel was
added to the agenda.A motion was made by Thomson, seconded by Whaley,to approve the
consent agenda which included:
A. Agenda, as amended.
B. Action to approve City Council Minutes &om November 6,November 7,November
9,November 13,and Novembec 27 Meetings. .
C. Action on bids for a garbage truck.Action to award bids on the automated garbage truck
to Sanitation Products for$186,884 plus the trade in. The bid came in at$186,884.00 plus
the trade in of$30,000.00 for a total of$216,884.00. Northern Truck Equipment Corp.,
base bid$231,679 and trade-in of$32,000 and did not meet specifications and was also high
hid. Delivery would be in 250 days—300 days.
D. Action on the following board appointments: Boaxd of Adjustment- reappoint Dave
Rusten,Jay Vanduch and Larry Klingbile (terms expire January 1,2011);Boaxd of Appeals—
reappoint Gerald Foster (term expires January 1,2013);Board of Health—reappoint Dr.
Merritt Warren,Jesse Ronning,Lauanne Napton,Roberta Wagner (terms expire January 1,
2011);Brookings Committee for People who have Disabilities—reappoint Dave Bertelson
and Lisa Sonnenburg (terms expire January 1, 2011);Brookings Historic Preservation
Commission—new appointments,Dr. Dennis Willert and Pat Powexs (terms expire January
1, 2011);Human Rights Committee—reappoint Steve Bayer and George Hamer (terms
expire January 1, 2011);Library Board—new appointments,Lawrence Rogexs and Gloria
Thvedt (terms expire January 1, 2011);Planning Commission—reappoint Larry Fjeldos, new
appointments A1 Gregg and Al Heuton (terms expire December 31,2012);Traffic Safety
Committee—reappoint S,gt. Rebecca Thompson (Brookings Police),Brian Lueders (School
District), Connie Bridges (Cirizen), and Margie Carpenter (Citizen) (terms expire December
31,2010);Visitor Promotions Committee—reappoint Bob Johnson and Lynn Daxnall(terms
expire January 1,2011).
E. Action on Health Systems Board appointment: Al Baker and Rob Jones, terms expiring
on January 1,2011.
F. Action on Resolution No. 86-07, Increasing the Escrow Account for a Future Solid
Waste Facility. �
Resolution No.86-07 �
Increasing the Escrow Account for a Future Solid Waste Facility
Whereas,the City of Brookings will need a Solid Waste Facility in the future and,
Whereas,the City of Brookings has established an escrow account to fund the siting,the designing,
the permitting,and the constructing of a future solid waste facility and,
Whereas,such an escrow account would be limited in use to expenses associated with a future solid
waste facility and,
Whereas,�50,000.00 is budgeted for the 2008 budget year and,
Whereas,the amount budgeted will be increased from time to time as the solid waste fund can afford
it;
Therefore,Let It Be Resolved,that the City Manager be authorized to increase the escrow account foi
a Future Solid Waste Facility,
Let It Be Further Resolved,that the City Manager with the approval of the City Council of the City of
Brookings be allowed to spend these funds for a Future Solid Waste Facility when the need arises.
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G. Action on Resolution No. 87-07,CC0#2 (Final) 2007-05STI 32nd Avenue & Prince
Drive Street Project.
Resolution No. 87-07
Resotution Authorizing Final Change Order(CCO#2 Final) Fot
2007-05STI 32"a Avenue&Prince Drive Street Project
BE IT RESOLVED by the City Council that the following change ordex be allowed fox 2007-05STI
32°d Avenue&Prince Drive Street Project: Construction Change Order Number 2 Fiuial: Adjust
estimated quantities to"as-buiid"quantities inciuding extra work to reset a cutvert and install manhote
collaxs for a total increase of$627.30.Adjust contxact substantial completton date to Octobex 11,
2007 and final completion date to November 16,2007 for a total time extension of 26 working days.
H. Action on Resolution No. 69-07, Final CCO for 2007-03SSI Indian Hills Drainage
Project.
Resolution No.69-07
A Resolution Authorizing Final Change Order(CCO#2 Final)For
2007-03SSI Indian Hills Drainage Project
Rounds Construction,Inc.,Brookings,SD
$E IT RESOLVED by the City Council that the following change order be allowed for 2007-03SSI,
Indian Hills Drainage Pxoject: Construction Change Oxdex Number 2 Final:Adjust estimated bid
quantities to"as build"quantities inctuding the addiaonal work oEconcrete sidewatk,annual rye grass,
canary grass,erosion control snake bags and rebar stakes at the appropriate unit prices as bid for a
total increase of$844.35.Adjust contract deadline by 61 days.
I. Action.to approve the City Attorney Contract.
Legal Services Agteement
THE CITY OF BROOKINGS AND STEVEN J.BRITZMAN,ATTORNEY AT Lt1W agree that
the Ciry of Brookings has appointed Steven J.Britzman to serve as City Attorney for a twelve(12)
month period,commencing January 1,2008 and ending December 31,2008,and the City of
Brookings and Steven J.Britzman desire to set forth the terms of their Agxeement concerning the
provision of legal sexvices by Steven J.Britzman as City Attorney as follows:
1. Performance of I,egal Sexvices
Steven J.Britzman shall perform all legal sexvices as provided in the"Scope of Services for Ciry
Attomey for Ciry of Bxookings" (the"Scope of Services").A copy of the Scope of Services for City
Attomey is attached hereto. Steven J.Britzman will perfoxm all legal services which shall include
xepresenting the City in Magistrate Court in the enfotcement of City Oxdinances.
2. Insurance Coveraee
Steven J.Britzman shall maintain Attorneys Professional Liability coverage in the amount of One(1)
million dollars($1,000,000)per claim and One(1)miltion dol�ars($1,000,000)aggregate during the
term of this agreement.Steven J.Britzman shall be responsible to pay any deductible amount under
the foregoing coverage.
• 3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest are defined in
great detail in the Rules of Pxofessional Responsibility which govern attoxneys and which axe a part of
the statutes of South Dakota. Accordingly,Steven J.Britzman shall foIIow the Rules of Professional
Responsibility,unmediately disclose to the City Council,Interim City Manager and City Manager any
conflict or the appearance of a patential conElict,and resolve the issue to the satisfaction of the City
of Brookings and the othet client.
4. Com,�ensation fox Leg._,al Services
Steven J.Britzman agrees to provide all of the legal services provided in the Scope of Services,foz a
monthly sum from January 1,2008 through December 31,2008 of Five Thousand Two Hundred Six
and 42/100(�5,206.42)Dollars,payable on the last day of the month.
The hourly rate for other legal services,including those set forth in Item 15 of the Scope of Services is
$125.00 during the term of this Agreement.
The legal services provided by Steven J.Britzman shall be performed as an independent contractor
and Steven J.Britzman shall therefore pay all payroll and business expenses incurred in providing]egal
services to the City.
5. Ex�ense Reimbutsements,Meetings and Conferences
In addition to the compensation for legal services,the City will provide Two Thousand Dollats
($2,000.00)per year fox membexship in the International Municipal Attorneys Association(IMLA)
(currendy$G00.00 per year)and for Confexence registration and ttavel to the Annual Meeting of the
Internationa11�1unicipal Lawyers Association which includes at Ieast sixteen hours of continuing
education. The City Attomey will also be reimbutsed for out-of-pocket expenses when required to
travel outside the City of Brookings to other meetings or to perform legal services,provided such
travel is approved by the City Managex in advance of travel.
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6. Legal Services not within the Scope of Services .
Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded
from the Scope of Services,however Steven J.Britzman and the City agree that it is appropriate
for the City Attorney to be responsive to residents of the city,the media,other municipal
attorneys,municipal league and other public officials where communication or an appropriate
measure of assistance is in the best interest of the City.
Scone of Services for Citv Attome�for Citv of Brookines
1. Legal counsel shall attend all City Council meetings as the legal advisor far the Brookings City
Council,unless the absence is due to vacation or illness or the subject matter does not require the
assistance of counsel.
2. Provide all necessary legal consultation services,including oral and written opinions and research as
requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City's Boards and Commissions except the Utiliry Board and
Hospital Board as requested by the Ciry Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by the City in
circumstances where the City is not represented by legal counsel assigned by its insurance company.
Legal representation and litigation must be authorized in each instance by the City Council.
5. Assist in the prepacation and review of all contract agseements,resolutions,ordinances and other
legal documents considered,adopted or endorsed by the City. •
6. To maintain a working knowledge of Municipal Law on both the State and Federal level.
7. Provide legal representation for the City before administrative bodies upon speaal request by the
City Council.
8. As requested,review all clainns made against the City.
9. Confer with colleagues that specialize in azeas of law to establish and verify �
a basis for legal proceedings;serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
10. Prepare a monthly written report on current and on-going activities of the City Attorney's Office
due at first City Council meeting of the month fox the pteceding month,together with a monthly
statement of legal services performed which includes a description of the service and the time
requixed to perform the service.
11. Assist the City Clerk and the private sector firm in Orclinance Codification.
12. "The City Attomey will be an advisor to the labor negotiating staff and will review labor contracts
as required or requested.
13. hlaintain professional awareness of current literature and changes in law and attending continuing
legal educaaon to ensure the most efficient,cost-effective,and accurate operation of the City
Attomeys Office.
14. Review proposed state legislation affecting the City and prepare or supervise the prepatation of
state legislation relating to municipal and city government matters as directed by the Ciry Council.
Consult with City Council,City Manager and department heads in segard to such legislation and
testify before legislative boards as requested.
15. The Ciry Attomey's basic fee would not include the following services:
a. Litigation
b. Appearance on behalf of the CITY before Courts or administrative bodies(other
than Magistrate Couxt).
c. Speciai projects assigned by the CI'I'Y to Attorney.
Fees and services in a-c above will be as negotiated and agreed upon by the parties.
J. Action on Resolution No. 88-07 CCO#1 Final for P3245(00) PCN H015,22"d Avenue
from 11`�Street South to 20�'Street South Asphalt Resurfacing and Pavement
Marking Project.
Resolurion No.88-07
Resolution Authorizing Fiaal Change Order(CCO#1 Final)For
P32A5(00)PCN H015 22°d Avenue Asphalt Surfacing and Pavement Marking Project from 11�
Stteet South to 20�h 5treet South
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Whereas,the City Council approved Resolurion No. 75-07,authorizing Final Change Order(CCO#1
Final) fox P3245(00)PCN H015 22°�Avenue South Paving and Striping Project;and
BE IT RESOLVED by the City Council that the Eollowing contract change be allowed for P3245(00)
PCN H015 22"d Avenue South Paving and Striping 1'roject: Adjust final contract deadline by five
calendar days.
This resolurion amends Resolution No.75-07 dated November 27,2007.
K. Action on Resolution No. 89-07 CCO#1 Finai for P3245 (00) PCN H018,22°a
Avenue from 6`� Street to Highway 14 Bypass Asphalt Resurfacing and Pavement
Marking Project.
Resolurion No.89-07
Resolution Authorizing Final Change Order(CCO#1 Final)For
' P3245(00) PCN H018 22°d Avenue Asphalt Surfacing and Pavement Marldng Project from 6"'
Sueet to Hwy 14 Bypass
Whereas,the City Council approved Resolurion No.76-07,authorizing Final Change Order(CCO#1
Final) for P3245(00)PCN H018 22^d Avenue South Paving and Striping Project;and
BE IT RESOLVED by the City Council that the following contract change be allowed fox P3245(00)
PCN H018 22"d Avenue South Paving and Striping Pioject:Adjust final contract deadline by one
calendar day
This resolution amends Resolution No. 76-07 dated November 27,2007.
L. Action on Resotution No. 91-07, Uncollectible Checks Removed From Liquor Store
Records.
Resolution No.91-07
Uncollecteble Checks Removed From Liquor Store Records
WHEREAS, The Brookings Municipal Liquor Store has received a total amount of ;336.51 in
insufficient fiinds and no account checks;and
WHEREAS, these checks and bills have been processed for collection with the States Attorney and
Sheriff's Office and have been considexed uncollectible;
NOW,THEREFORE,BE IT RESOLVED that the checks totaling�336.51 for the Liquor Store be
determined as uncollectible and removed itom the records. Such checks will be retained by the
State's Attorney Office to support possible subsequent collection of that debt.
On the motion, all present voted yes;motion carried.
2"a Reading—Ordinance No. 41-07—Conditional Use A public hearing was held on Ordinance
No. 41-07, a conditional use permit to establish a major home occupation (portrait studio) on the
east 104.7 feet of Oudot 7, excluding Lot H-1 in the SW '/4 of Section 35-T110N-R50W (1632 Main
Avenue South). No comments were made. A motion was made by Whaley, seconded by Thomson,
to approve. All present voted yes;mot�on carried.
Malt Beverage License Transfer—MadJacks A public hearing was held on an application to
transfer an on-off sale malt beverage license from Dennis Bielfeldt,Mad Jacks, to Greengo's, Dave
and Dan Spaulding, at 1300 South Main Avenue. No comments were made. A motion was made
by Bardey, seconded by Brunnex, to approve. All present voted yes;motion carried.
Research&Technology Center—rental rates Falken said the ciry established a poliry in 2003
setting the rates for a nine year period with the costs increasing every year. The contracts are
coming up in January for another three year extension. The question is if these rates are still
appropriate. The intent was to accelerate the rates to motivate tenants to eventually move out in
order to provide oppoxtunities for new tenants.
Munsterman commented that one thing the City didn't build into the rate structure was to add the
cost of living incxeases into the annual rate increases.
Whaley asked if any of the tenants were pxesent at the meeting. Lanning said no,but all were
notified and she heard from one that was interested in staying at the same rate due to financial
obligations.
Munsterman expressed desire to bring the rates to market level. He suggested taking the COL for
the last four years at 2.5%per year and adjust the rates by 10%. He said the entire idea was to allow
tenants a low rent to begin with and then move them out into a private rental or build their own.
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Whaley noted that the tenants have invested money into the properry and now they want to stay.
The Council discussed a formula that would adjust yeaxs 6, 7 and 8 with$8.75 as the base.
Falken noted that the Center does generate revenue fox city and would want to keep it occupied. He
was concerned that an increase to $10 was substantial and recommended he visit with the tenants
before the Council took action.
ACTION: A motion was made by Bezdichek, seconded by Thomson, to set the City Research and
Technology Center's lease rates to market rate with base at$10.00 and establish a 3-year lease with
increases annually tied to consumer price index each year of the lease with a market evaluation done
at the end of the 3-year lease and allowing to terminate annually during the term of the 3-year lease.
All present voted yes;motion caxried.
Air�ort Base O�eration. Falken said the city lost its Fi�ced Base Operator (FBO) in the last 30
days. The new owner,Randy Hansen,is interested in keeping the operation going and taking care of
aitcraft coming in as an interim FBO. He is trying to secure a permanent FBO with 24 hour service.
Mike Wilson,Airport Manager, said Hansen has requested help in trying to provide a 24 hour lobby
for general aviation traffic. Right now only the outside foyer is open and it would be ideal to have
the lobby opened, providing access to bathrooms,chairs,television,vending machines,and kitchen.
Randy Hansen said the choice was to close the doors or to work with the ciry to continue the FBO
service. He distributed a draft Temporary Fixed Base Operator's Agreement for Council xeview.
He has entered into an agreement with SDSU Aviation to take over the second floor of the facility
with key access. SDSU avia.tion will purchase fuel from him instead of theix own tanks. .
This arrangement is a temporary solution and he is actively seeking a full service full-time FBO to
take over the first level and entixe hangar.
To provide service during the interim,he requested the city provide $715/month for three months
and$800 fox one keypad access for the door.
He is investing$5,000 in a facelift for the facility,noting that the airport is the gateway to the city to
people who can affoxd jet travel.
Whaley asked how much money was left at the airport to spend. Lanning said she was just seeing
these figures now and was uncertain how it would fit into the budget. She hasn't had the
opportunity to run this by the finance manager.
Falken agreed saying this was the first time seeing the numbers and he'd need to review the request
with staff. He noted that the FBO agreement also included costs to provide 24 hour service. If the
City moves forward with this request,it would need to be sure that the airport meets the needs of
the community.
There was concern that the new FBO would also tie a subsidy xequest to their business plan.
Bardey asked if the city provided 24 hour service in the past. Wilson said no,the pilots were given
keys and the lobby was available by on-call only. He didn't have any statistics on other airports with
24 hour service. �
Falken recommended this request go back to the Airport Board. The City may determine that it can
not afford 24 hour service.
Bezdichek expressed concern that the ciry has volunteer boards and requests such as these should
follow a certain protocol and that it should have gone to the Airport Manager,Airpoxt Board, City
Manager, and then Ciry Council. Hansen noted that he had been to every aitport board meeting
since he purchased the facility;however, this issue came up very suddenly and pulled this request
together quickly.
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ACTION: A motion was made by Bardey, seconded by Brunner, to approve $715 pex month from
December 1, 2007 to a period not to exceed March 31, 2008 and an additional$800.00 fox one door
access keypad. All present voted yes, except Bezdichek voted no,motion caxried.
Memorandum of Understanding,for the Buildin Code A motion was made by Thomson,
seconded by Brunner, to approve a Memorandum of Undetstanding between the ciry of Brookings
and State of South Dakota regarding Building Code. Di.rcu.rsion: Lanning.raid the SDSU Innovative
Campu.r z,r in the de.rign pha.re for their infra.rtructure, and zvill be building the firrt,rtructure in the near future.
Typically, �vhen a.rtructure i.r built on SDSU campus, the O�c•e of the State F.ngineerperform,r the building
in.rpection. In the ca.re of the SDSU Innovative Campu.r, the State Engineer zvill not be performing the building
in,r�ection 6ec•au,re they have lea.red the land to the Innavative Campu.r. ?be Memorandum of Under.rtanding�vill
authori�e the City of Brooking,r to perforrn the in.rpection on any building.r built on the Innovative Campu.r property.
lYlhaley asked hoiv much the City typically cbarges for in.rpection.r and hozv many in.rpection.r ivould be required for the
.rcope of this project. Lanning re.rponded at lea.rt 3 to 4 in.rpection.r avould be�quired in a re.ridential project and tho.re
co.rt.r are included in the building permit fee;hoavever, there isn't a permit fee tvith thi,c project. All present voted
yes;motion carried.
MEMORANDUM OF UNDERSTANDING
Between South Dakota State University Growth Partnership
And City of Brookings
Regarding Building Inspection Ptocedure
This Memoranducn of Understanding is entered into by and between the South Dakota State
University Growth Partnership(hereinaftex ieferred to as the SDSU Growth Partnership)and the City
of Brookings and pertains to the application of the Building Code of the City of Brookings(hereafter
referxed to as the`Building Code"}upon and within the SDSU Innovation Campus.
WHEREAS,the SDSU Gxowth Partnership was established for the purpose of stimulating tech-based
economic development in the City.of Brookings and the State of South Dakota,and
WHEREAS,the SDSU Growth Partnership entered into a 99-year ground lease with the Boaxd of
Regents to develop 125-acres of land located noxth of 6�h Street;east of 22"d Avenue;and south of the
Highway-14 Bypass,adjacent to SDSU's main campus,and
WHERFAS,the City of Brookings has developed a plan to stimulate economic development and
increase municipal sexvices to enhance the quality of life in Brookings,and
WHEREAS,both the City of Brookings and the SDSU Gxowth Partnership have agreed:To
coopexate in the development of South Dakota's first University-telated research paik,referred to
herein as the ",SDSU Innovation Camfiu.r';to assist in stimulating tech-based economic development in
the City of Brookings and the economy of South Dakota,and
WHEREAS,the SDSU Growth Partnership and the City of Brookings understand and agree that the
$uilding Code of the City of Biookings should include within its scope all property located within the
SDSU Innovation Campus,
NOW THEREFORE,in order to accomplish the objectives set forth above,the parties hereto agree
to the following:
1. The Building Code of the City of Brookings,as adopted in Section 22-31 of the Code of
Ordinances of the City of Brookings,shall be applicable to all construction within the SDSU
Innovation Campus.As a result,the Building Code and the administration and enforcement
of the Building Code shall be applicable to all properry within the boundaries of the SDSU
� Innovation Caxnpus.
2. The City of Brookings shall provide the inspections and issue a Certificate of Occupancy
provided the structure and all facilities are in compliance with the Building Code.
IN WIT'NESS WHEREOF,the paxties hereto have executed this Agreement the date set foxth below.
Vallev View Street Layout. Falken said the City Council approved a plan for this development
with a 45 ft right-of-way. Staff has concerns that there will only be 3 ft left for utilities, trees,grass
and lights, about the amount of area between the curb and sidewalk,which isn't adequate. He felt it
was important to bring the plan back to the Council to make sure they understood the plan and
possible impact.
Lanning said the Councii approved this development with a 45 ft right-of-way that included a 31 ft
street and 4 ft sidewalks next to the property line. This plan would leave only 3 ft fox light poles,
hydrants,utility lines,grass and trees.
One option is a curbside sidewalk,but she discouraged that option because of snow removal
problexns. An easement into the setback also isn't a good option because the driveways wouldn't be
long enough for standard vehicles. Utility poles could be placed on private property with an
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easement. Another option is narrowing the street width to 27 ft which would provide a 5 ft
boulevaxd on both sides. The sidewalk cannot be narYOwer than the current 4 ft.
Whaley suggested only allowing parking on one side of the street. Lanning said that would be an
option.
Whaley noted that the Council originally voted for the sidewalk on this development, but suggested
now keeping the 31 ft street and eliminating the sidewalks. Falken said the city has a policy that
sidewalks are to be installed in all new developments.
ACTION: A motion was made by Bartley, seconded by Munsterman, to accept option two by the
City Engineer,which was to reduce the street width to 31 ft,retain 4 ft sidewalks on both sides, and
a 5 ft boulevard on both sides. Di.rcu,r�zon: BeZdichek a.rked if the Tra�'ic Safety Committee had revie�ved thi.r
regue.rt. Ye,r, the Committee wa,r involved in the original development propo.ral and recommended the in.rtallation of
.ridewalk.r and street avidth. All present voted yes, except Whaley voted no,motion carxied.
Downtown Streetsca�e Project. Jackie Lanning, City Engineer,noted that Randy Fischer from
Designworks, Inc. presented the design concept to the City Council on November 13,2007 for the
Downtown Streetscape Project. �
The boundaries of the proposed Downtown Streetscape project is from b`h Street to Front Street,
and includes new water and sanitary sewer mains and services,new sidewalk,light poles, trees, curb
&gutter, pavement, and other amenities. T'he new street for Main Avenue will remain at its current
width;however, there will be a "bump-out node" at each intersection. These"nodes"will allow for
attractive landscaping features,as well as shortening the crosswalk distance for people crossing the
street. One other change will be the installation of stop signs at 4`� Street&Main Avenue and 5`�
Street&Main Avenue.
Allyn Frerichs said the staff and the architect recommend that the streetscape budget include a 15%
contingency. This contingency fund would be spent only if bids exceed the budget by a small
amount and for possible change orders during construction. There is a high probability in this
project that unknown conditions could be unearthed during construction that might require
modification and increased costs. Staff has learned of unusual construction information during their
meetings with the landowners, however there will likely be other unforeseen issues due to the age of
the infrasttucture.
The contingency portion of the budget is not funded at this time and would require approval
sometime in January as a budget amendment. Staff suggestion is that the 15% contingency be
apportioned in the following manner: approxirnately half(7.5%) for bid price and the other 7.5%
for change orders during construction. The Council would approve any spending of this
contingenry by resolutions to award bids and approve change orders.
As part of the funding, a$�.25 million dollar private donation has been pledged towards the cost of
the streetscape, as an incentive to do the complete project,including street,curb and gutter
replacement and to enhance the qualiry of the overall project through use of patterned and colored
concrete, special landscaping,planters and additional features at the intersection crosswalks.
Sta.ff researched possible outside sources for the signal needed at Main Avenue and 3`d Street and
found that DOT funding is not ava.ilable. Original estimates for the signal were $150,000;however,
costs should be near$100,000 since the street would already be removed. Funding for this signal
could be placed into the contingency, or other budgeted funds could be used toward the signal.
Frerichs reviewed the more finalized budget estimates and funding sources with the Council. He
noted that the costs do not include the utility portion of the project. Businesses will fund the wateY
and sewer main repla.cements through an assessment project. He also noted that the HUD grant�
was intended for specific enhancements and lighting, and not utilities. The City has budgeted funds
for everything except a contingency and the traffic signal. It is typical to have a contingency in the
construction phases to handle any unknown situations that could arise. The private donor has
pledged$1.25 million towaxds parts of the project.
Lanning said that the Department of Transportation will not fund the txaffic signal as it doesn't meet
their criteria.
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Whaley reviewed the 2008 budget and handouts and questioned the amount of money allocated for
the project citing a $1 inillion difference from staff numbers. Frerichs said the estimated shortage
from contingency and the traffic signal would be $500,000 and not$1 million.
Munsterman asked for clarifcation on the budget and the additional money needed. Frerichs said
the project base bid work includes all options and is budgeted. A budget amendment would be
xequired for the additional funding of$500,000 to fund the contingency and the txaffic signal. The
Council does have the option of a smaller contingency. He noted that a contingency must be
established before the bid letting. There isn't enough time to do a budget amendment once the bids
are in.
Munsterman asked what percentage should be set aside fot a contingency. Frerichs said 5%was
used for the pool project. Having a higher contingency is always a good idea on such a large project
because of the possibility of unknown conditions during the construction phases. Contingency
expenditures would be a decision of the Council. However,having a contingency allows for the
option to considex and award bids that may come in a litde higher.
Whaley reitexated being uncomfortable with figures that don't match, citing examples in the
handouts. She asked if the patterned walkway was budgeted. Frerichs said yes,this was specifically
funded as a private donation to improve the quality of the sidewalk. She asked if thexe were
concerns about that surface being more slippery. No.
Whaley said she has talked to several business owners who have concerns about the tree types and
placement. Fxerichs said the tree species will include Japanese Tree Lilac, a Spring Snow Flowering
Crab without fnut,and an upright Norway maple. He'd install Imperial Locust at the nodes,which
are a larger species. Whaley asked if the larger trees at the nodes would block traffic. No,they are
elevated and wbuld not block the traffic.
Whaley expxessed concern that the city wants the business owners to beautify their buildings but the
ttees would cover everything up and they generate leaves and garbage. What is their motivation to
do anything with the fronts of their buildings? Do people want this?
Falken said it is unportant to budget for unexpected issues and a contingenry is needed.
Whaley asked for clarification on the project schedule.
Carey Bretsch, Civil Design Inc., said it's theit intent to have the final documents ready by January,
go to bid in February with action later that month.
Whaley asked if the City has been talking to and coordinating with the Brookings Municipal Utilities
on this project. Yes,BMU's costs are to install water and sewer at their own costs regardless of
other issues:
ACTION: A motion was made by Bardey, seconded by Brunner, to appxove moving forward with
the bid document preparation for the Streetscape project.
Discussion: Thomson asked if that should include the contingency and traffic signal. She asked
where the additional funds would come from. Bartley said the Finance Manager would have
xecommendations for funding sources. The Ciry has contingency funds in the budget for emergency
needs.
Falken said the Council's action to appxove at this meeting will keep the project moving forward.
The final action will be the approval of the bids in February. If the bids come in and the money
isn't there, then the Council can say no. At this point, staff is moving forward with the assumption
that the project will move forward. Waiting another year with the project will result in moxe
expensive issues.
Thomson questioned if this action would be a final commitment? Munsterman said no, the action
to approve the bids will be the final big decision. He noted that he isn't concerned with finding an
additional$500,000.since the City Finance Manager recently reported setting aside$5M in reserves
accumulated from increased sales growth. The City has sources of revenue and the exact sources
can be addressed later.
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Frerichs clarified that the Council's action at this meeting would allow the architects to move
forward with the final construction drawings. In January, the Council would take acrion on a budget
amendment addressing the contingency and traffic signal funding issue. In February, the Council
would review and act on the bids.
Public comment
Harry Jones asked how apartment dwellers will have access during the construction process. He
also asked if the steam tunnel would be removed. Frerichs said no, the tunnel contains asbestos and
would be too expensive to remove. Tenant access is a priority,but thexe may be a time ox two when
an open trench would prevent access to a Main Avenue entrance, but nothing overnight. Access
would be reinstalled by the end of the working day. Jones express concern about the future of Main
Avenue, noting he has been there since the 1960s and has witnessed its gradual deterioration.
Complaints about lack of parking has been an ongoing issue. He commented on a number of
different businesses that left Main Avenue citing parking as one of the reasons. He expressed
concern about spending money on cosmetic issues and is concerned for property owners on Main.
They've expressed 30-40%increases in their property taxes and profits on rentals has reduced.
Another issue is the blocked alley from delivery trucks. He suggested two-way alleys as a possible
solution.
Todd Brost said everyone does appreciate the City being willirig to spend money downtown and
they do appxeciate the private donor wanting ta itnprove the downtown. However,he did not feel it
was good use of tax dollars and felt the project would hurt more than it would help. He cited
national statistics against the corner node design. He was opposed to the four-way stop sign and felt
the traffic signals should remain as a more pedestrian friendly design. He was opposed to tearing up
the street for the entire summer because it would be hard on businesses and residents. He noted
some businesses that are moving out of the downtown area.
Bezdichek said this project has little ox nothing to do with the stteet;it's all underneath. The
infrastructure is 100 years old and has to be replaced and hopefully a future Ciry Council won't have
to deal with it for a long time. Right now if a fire occurred,there is a strong likelihood that the
water pipe would break.
Martin Maca,DBI Boaxd President, encouraged the City Council to approve this project because it's
good for downtown. Brookings has a nice downtown and believes this project will be good for the
businesses in the long run. He noted that there is some pain in the process,but thexe's always a litde
pain and believes the project will be good for the Brookings community as a whole. The downtown
is the gateway to the community and an indicator on a community's health and viability. This
project has a long history which has been discussed,evaluated, and debated. "There have been plenty
of opportunities for people to speak up. This project will generate multiple benefits including new
sewer and water,both of which will eventually fail if not replaced. Half of the cost is covered for
the businesses if it is done now. If done later,it would cost twice as much. DBI believes a new
streetscape will result in safer,better lit streets for pedestrians. There have been ample opportunities
for public input through public hearings and open houses. He said there are always those who are
opposed to progress. He closed stating this project is well designed, conservative and worth the
investment and encouraged the Council to vote favoxably.
On the motion; all present voted yes,motion carried.
Resolution No. 90-07—Transportation Board A motion was made by Bartley, seconded by
Whaley, to approve Resolution No. 90-07 creating the Brookings Transportation Board. All present
voted yes;motion carried.
Resolution No.90-07
A Resolution Creating the Brookittgs Ttansportarion Board
for the City of Brookings
WHEREAS,in order to identify opportunities for improved transportation efficiency as measured by
increased levels of service or decreased cost,especially through coordination among transportation
pxoviders in Bxookings,and further to provide oversight and evaluation of the success of coordinated
transportation efforts,and to provide advice and information to other organizations on a regular or
as needed-basis,the City of Brookings hereby creates a Brookings Transportation Board,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brookings,South
Dakota,as follows: Brookings Transportation Board
Secdon 1. Cxeation/Name.There is hereby created a transportation board for the Ciry of Brookings.
T"he transportation board will be referred to as the Brookings Tiansportation Board.
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Section 2. Purpose/I1landate.The purpose of the Brookings Transportation Board is to identify
opportunities for unpxoved efficiency as measured by increased levels of service or decreased cost,
especially through coordination among Yranspoxtarion providers in Brookings. The Brookings
Transportation Board shall provide oversight and evaluation of the success of coordinated
transportation efforts as well as ptovide advice and information to othet organizations on a regulax ox
as needed-basis.
Section 3. Mannex of appointment,composition,terms.
(a) Membexs of the$xookings Transportation Board shaIl be appointed by the Mayoi,with the
advice and consent of the City Council,for thxee-year terms that commence in January.Members
may be appointed for additional terms not exceeding three years each. The uutial terms of office
shall be staggered in 1,2 and 3 year increments.
(b) The Brookings Transportation Board shall consist of thirteen(13)members,who shall be
appointed with due regaxd to representation from the following areas:
1. City of Brookings
2. County of Brookings
3. Brookings Health Systems
4. Brookings Committee for People who have Disabilities
5. Brookings Public School System
6. East Centxal Mental Health
7. Downtown Brookings Inc.
8. South Dakota State Univexsity Administration
9. South Dakota State University Siudent Association
10. South Dakota Department of Vocational Rehabilitation
11. ADVANCE
12. Senior Activity Center
13. Citizen-At-Laxge
(c) Ex-officio,non-voting members shall be appointed to serve on the Brookings Transportation
8oard from the following areas: City(City Engineer,ADA Coordinator),all tiansportation
service providers.
Section 4. Qualifications of inembers.The members of the Brookings Transportation Board shall not
' hold any elective office in city government.
Section 5. Vacancies.Any vacancy in the membershtp of the Brookings Transportation Board shall
be filled for the unexpired term in the same manner as provided for appointment.
Section 6. Meetings;chairman.'I'he Brookings Transportation Board shall regularly hold meetings at
such times and places as it shall determine.It shall select a chair from its members,and such other
officers as it deems appropriate,to serve for a term of one yeat.
Section 7. Quorum.A majority of the members of the Brookings Transportation Board shall
constitute a quorum for the transaction of its business.
Section 8. Duties;powers.The Brookings Transportation Boatd shall have the following powers and
duties:
(a) Advise the City Council,City Manager and staff conceming transportation matters with the city of
Bxookings and surxounding area.
(b) Advise the Ciry Council,City Manager and staff conceming the city's public transportation
budgetary needs and uses;review policies and operations of public transit providers who receive
public funds;and suggest changes to policies and operations of public transit providers to reflect
needs of the community.
(c) Facilitate coordination of public transit providets.
Amendment to Agreement with SD Department of Transportation A motion was made by
Baxdey, seconded by Brunner, to approve the agreement with the Department of Transportation.
All present voted yes;motion carried.
SECOND AMENDMENT TO PURCHASE AGRE MENT
THIS SECOND AMENDMENT TO PURCHASE AGREEMENT is made and entered into by and
between the STATE OF SOUTH DAKOTA,Department of Transportation,(heieinafter referxed to
as the"State")and CITY OF BROOKINGS,(hereinaftex refexred to as"City'�.
WHEREAS,the parties did enter into a Purchase Agreement dated the 29�"day of March,2006,
which the parties subsequendy modified(Sections i,6,and 13 of said Purchase Agreement were
amended),and
WHERF.AS,the parties desire to extend the time for performance by the CITY and address the status
of the DOT building upon the premises as further amendments to said Purchase Agreement.
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NOW,THEREFORE,the parties to the above-referenced Puxchase Agreement hereby amend said
Purchase Agreement as follows:
I.
The parties hereby revise Section 1.to the Purchase Agreement refexred to above
as follows:
PURCHASE PRICE AND PAYMENT FOR PREMISES ONE
1. CITY agrees to pay the purchase price of Four Million Dollars($4,000,000)to STATE for
PREMISES ONE.Payment shall be made by cashier's or certified check at STATE's office on
January 1,2009.STATE shall be entided to maintain possession of PREMISES ONE until January 1, .
2009,at which point possession of PREMISES ONE shall be surrendered to CITY,provided STATE
has received the purchase price for PREMISES ONE.At STAT'E's option,STATE may elect to
vacate PREMISES ONE before January 1,20Q9.
Notwithstanding the pxevious paragraph,the CITY shall have the option to cancel its purchase of
PREMISES ONE,provided that CITY gives written notice to the STATE,prior to January 1,2009,
of its intention not to purchase the properry.
In consideration fox the extension of the closing date,the CITY shall have the obligation,at CITY's
expense,for the period after DOT vacates the buildings located on PREI��SES ONE and until
January 1,2009,to maintain the buildings and structures on PREMISES ONE to the extent their
condition does not deteriorate to the degree they create a safety risk or hazaxd,to insure the land,
buildings,and structures for liability coverage with a limit of not less than$6,000,000.00 for each
occurrence,to periodically inspect PREMISES ONE so the fences and locks are secure in order to
keep unauthorized persons off the premises,and to pay for utilities.CIT'Y will mow the vegetation
upon PREMISES ONE.
II.
The parties hereby delete Section 6.to the Purchase Agreement referred to above.
III. .
The parties hereby ratify and confirm all other provisions of the originai Purchase Agreement dated
the 29�h day of March,2006,and as subsequenfly amended,and hereby affirm their intent to have said
Purchase Agreement,as amended,remain in full force and effect.
Resolution No. 92-07-Gift of Propert,X. A motion was made by Bartley, seconded by Thomson,
to approve Resolution No. 92-07, a Resolution Accepting a Gift of Rea1 Property to the City of
Brookings, South Dakota. Di.rcu.r.rion: Falken.raid thi.rg ft would provide the city�arith the remainder of the
.rguare block tvhere the city library i.r located. The purpo.re of the gift�vould be to remove the.rtrzrc•ture and enhance and
improve thegateJVay entrance frnm the Children'.r Mu.reum rvith land.rcaping. All present voted yes;motion
carried.
Resolution No.92-07
A Resolurion Accepting a Gift of Real Property to the City of Broolaittgs,South Dakota
WHEREAS,O.Dale Larson desires to gift and convey real property to the City of Brookings,South
Dakota,to be used for public purposes and to enhance and facilitate the design and gateway to the
Children's Museum;the real property being the locarion of the former"Calhoon&Kratochvil Law
Firm"and being described as follows: The West Twenty-five Feet(W 25�of the South One
Hundred Five Feet(S 105')of Lot Eight(8)in Block Two(2) of the First Addition,City of Brookings,
County of Bsookings,State of South Dakota,and
WHEREAS,the City Council recognizes the signi6cant benefits the community will enjoy as a result
of the gift of this real property by Mr.Larson,
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council that the seal pxoperty '
described above is gratefully accepted by the City of Brookings,South Dakota.
Liquor Legislation. Baxdey distdbuted a copy of the draft legislation the SD Municipal League
intends to introduce in the 2008 Legislative Session.
Executive Session (Closed Sessionl. A motion was made by Thomson, seconded by Whaley, to
enter into executive session at 9:01 p.m. £or personnel matters with the City Council, Ciry Attorney,
City Clerk, and Human Resources Director present. All ptesent voted yes;motion caxried. A
motion was made by Thomson, seconded by Bezdichek, to exit executive session at 9:06 p.m. All
present voted yes;motion carried.
Performance Pav. A motion was made by Baxtley,seconded by Brunner, to approve performance
pay in the amount of five percent (5%) to Dennis Falken, City Manager,in recognition of his
performance in 2007. All present voted yes;motion carried.
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Adjourn. A motion was made by Thomson, seconded by Whaley, to adjourn. All present voted
yes;motion carried. Meeting adjourned at 9:06 p.m.
' i of Bxool �
cott D. Munsterman,Mayor
o�po
� f 9 i' /
✓
rnes,Ciry Clerk