HomeMy WebLinkAboutCCMinutes_2003_01_14 Brookings City Council
January 14, 2003
The Brookings City Council convened on Tuesday, January 14, 2003, in regular session at 5:30 p.m. at
City Hall with the following members present: Mayor Virgil Herriott, Council Members Sam Artz,
Tom Bozied, Doris Roden, Zeno W. Wicks III, Scott Munsterman and Mike McClemans. City
Manager Mike Williams, City Attorney Steve Britzman, and Shari Thornes, City Clerk, were also
present.
Consent A�enda. Bozied requested Resolution 04-03 Authorizing Final Change Order(CCO#1
Final) For 2002-01 SWR be removed from the consent agenda. A motion was made by Roden,
seconded by McClemans,to approve the consent agenda which included adoption of the agenda as
amended; approval of the December 17, 2002 minutes; and action on Resolution No. 03-03, a
Resolution Fixing Time And Place For Hearing Upon Assessment Roll For Sidewalk Assessment
Project No. 2002-01SWR. All present voted yes; motion carried.
Resolution No.03-03
Resolution Fixing Time And Place For Hearing Upon Assessment Roll For Sidewalk Assessment Project No.2002-
Olswr(2002 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows:
1. T'he assessment roll for Sidewalk Assessment Project No.2002-01 SWR having been filed in the of�ice of the
City Manager on the 3rd day of January,2003,the City Council shall meet in the Council Chambers,City Hall,in said City
on Tuesday,the 28th day of January,2003,at 5:30 o'clock PM,the said date being not less than twenty(20)days from the
filing of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing,in general terms Sidewalk
Assessment Project No.2002-01 SWR,the date of filing the assessment roll,the time and place of hearing thereon,stating
that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment
roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least one(1)week
prior to the date set for hearing and to mail a copy thereof,by first class mail addressed to the owner or owners of any
property to be assessed at his,her or their last mailing address as shown by the records of the Director of Equalization at
least one(1)week prior to the date set for said hearing.
Resolution No. 04-03—2002-01SWR Sidewalk& Curb Renair. A motion was made by
Munsterman, seconded by Wicks,to approve Resolution 04-03, a Resolution Authorizing Final
Change Order(CCO#1 Final) For 2002-01 SWR, Schedule A: (Sidewalk And Curb Repair), B &B
Concrete, Inc. All present voted yes; Bozied abstained; motion carried.
Resolution No.04-03
A Resolution Authorizing Final Change Order(Cco#1 Final)For 2002-Olswr,Schedule A:(Sidewalk Aud Curb
Repair)B&B Concrete,Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for 2002-01SWR: Schedule A:
Construction Change Order Number 1 Final
Adjust estimated quantities as"as build"for a total decrease of$23,362.30.
Increase contract time by 23 working days
Park and Recreation Board Renort. Board Chairman Bob Melmer reported on the Larson Ice
Arena activities,the Soccer Complex lighting project,Edgebrook improvements, concerns regarding
timely replacement of park and recreation equipment, future access to high school pool, and hopes to
proceed with the waterslide project. No action was taken.
Ordinance No. 01-03 Bud�et Supplemental Apqroqriation. Second reading was given to
Ordinance No. 01-03, an Ordinance authorizing a supplemental appropriation of the 2003 budget for
the purpose of providing for additional funds for the operation of the city. A motion was made by
Wicks, seconded by Munsterman, to approve Ordinance No. 01-03. All present voted yes; motion
carried.
Resolution No. OS-03—Assi�nment of New Section Numbers for Fines & Fees. A motion was
made by Roden, seconded by Artz,to approve Resolution OS-03, implementing fees and fines for the
City of Brookings. All present voted yes; motion carried.
Resolution No.OS-03
A Resolution Providing Revised Section Numbers For Ordinances
Of The City of Brookings,South Dakota.
WHEREAS,the City of Brookings has recently adopted a new Code of Ordinances,and as a result,the Ordinance
section numbers have changed,and
WHEREAS,the previous ordinance section numbers are used in the following Resolutions:
Resolution OS-02
Resolution 40-01
Resolution 49-01
Resolution 10-00
Resolution 23-00
Resolution 24-00
Resolution 29-00
Resolution 51-00
Resolution 74-00
Resolution 79-00
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Brookings, South Dakota,that the
Resolutions set forth above,which contain the previous ordinance section numbers,are hereby revised as set forth and
referred to below,but only to the extent that new section numbers referred to below shall replace the corresponding
previous section numbers set forth in the Resolutions referenced above:
Previous Section Descriptive Reference New Section
Number Number
34-250 Places Where prohibited 82-428
34-266.1 Illegal Parking(2hr.downtown or Medary) 82-463
50.70.510 Front Yard Parking 94-431
7-2 Disturbance of peace 14-3
7-3 Animals on school grounds property or recreation
areas restricted 14-4
7-4 Cruelty to animals 14-41
7-5 Teasing,baiting,etc. 14-42
7-6 Humane care of animals 14-43
7-7 Poisoning of animals unlawful 14-44
7-8 Fights between animals 14-45
7-13 Responsibility for damage done by animals Repealed
7-25 Animals running at large 14-87
7-26 Fowl at large 14-88
7-30 Keeping of bees prohibited 14-85
7-31 Swine prohibited 14-83
7-32 Picketing animals 14-89
7-43 Dogs Running at large 14-121
7-44 Impoundment 14-122
'7-45 Disturbance or nuisance 14-123
7-47 Defecarion disposal 14-125
7-48 Biting animals,dogs 14-126
7-51 Rabies vaccination required 14-153
7-52 License fee 14-154
7-55 No dog or cat tags 14-157
7-58 Impoundment fees 14-182
7-63 Acceptance of unwanted animals 14-2
7-64 Acceptance fees 14-2
7-66 Posting of signs 14-127
7-76 Registration required 14-221
7-78 Running at large 14-223
7-79 Wild or dangerous animals prohibited 14-224
7-82 Owner to report escape of dangerous animals or
animals not indigenous to State 14-227
35-101(c) 72-1
5-3 Open Container(Beer,wine,liquor in vehicle or
on street) 6-3
5-5 Attempt to Purchase 6-142
5-6 Misrepresentation of Age 6-143
5-62 Possession of Keg Restricted 6-73
7-43 Dog at Large 14-121
7-45 Barking Dog 14-123
7-49 Unlicensed Dog or Cat 14-151
9-39 Bicycle Offense 82-751
17-11 Littering 70-35
23-1 Lights on Vehicle 82-561
23-4 Exhaust System 82-565
25-2 Resisting an Officer 58-33
25-13 Fleeing from a Police Officer 58-36
25-25 Disorderly Conduct 58-161
25-26 Disturbing the Peace-House Parties 58-162
26-22 Driving Restricted(In Parks) Repealed
34-250 Places Where Prohibited 82-428
34.266.1 Illegal Parking(2 hr.downtown or Medary) 82-463
34-268 Parking Prohibited During Snow Removal 82-465
50.70.510 Front Yard Parking 94-431
34-3 Driver's License Violation 82-241
34-4 Age of Driver 82-242
34-5 License Plate Violation 82-243
34-55 Failure to Comply w/Warning Ticket 82-127
34-66 Duty to Provide Information 82-203
34-68 Property Damage 82-207
34-69 Unattended Vehicte 82-206
34-71 Immediate Notice 82-204
34-89 Driving on Divided Highway 82-276
34-90 Driving on Left Side of Street 82-271
34-97 Obstruction of Vision 82-563
34-125 Traffic Signals 82-167
34-141 Speed Limit Designated 82-305
34-160 Obedience 82-392
34-172 RightTurn 82-332
34-173 Left Turn 82-333
34-174 U-Turn Restricted 82-334
34-205 Obedience to Stop and Yield 82-367
34-206 Vehicle Entering Stop Intersection 82-365
34-207 Vehicle Entering Yield Intersection 82-367
34-317 Pedestrian Right-of-Way 82-603
34-226 Reckless Driving 82-309
34-227 Careless Driving 82-310
34-228 Exhibition Driving 82-247
34-229 Unsafe Backing 82-251
34-230 MaYimum Passengers 82-244
34-232 Following Too Closely 82-248
34-233 Driving on Sidewalk 82-246
34-237 Driving Through Processions 82-842
34-238 Cutting Corner 82-337
34-239 Manner Of Use Of Diagonal Parking
Spaces 82-424
19-31 Licensing of Leased Dwelling Units 22-401
19-32 Filing of Application Forms 22-402
19-35 Payment of License Fees 22-405
19-37 Inspection Requirements 22-432-22-434
19-42 Agent Required 22-374
50.06.030 Zoning—Residence R-1 Rural Estate District
(Unlawful Use) 94-123
50.07.030 Zoning—Residence R-lA Single-Family
(Unlawful Use) 94-124
50.08.030 Zoning—Residence R-1 B Single-Family
(LJnlawful Use) 94-125
50.09.030 Zoning—Residence R-2 Two-Family
(Unlawful Use) 94-126
50.10.030 Zoning—Residence R-3 Apartment
(Unlawful Use) 94-127
50.11.030 Zoning—Residence R-3A Apts./Mobil Home
(Unlawful Use) 94-128
50.20.030 Zoning—RB-4 Neighborhood Bus.Dist.
(Unlawful Use) 94-130
50.80.600 Sign permits 94-467
22-5 Circuses,carnivals 26-35
22-5 Commercial garbage haulers 26-35
22-5 House Movers 26-35
22-5 Pawnbrokers 26-35
22-5 Plumbing contractor 26-35
22-5 Vehicles for hire 26-35
22-5 Vehicle for hire drivers 26-35
3-42 Going-out-of-Business-Sales 26-113
28-16 Transient Merchants 26-346
Resolution No. 02-03—Kidnev Dialysis. A motion was made by Artz, seconded by Wicks,to
approve Resolution 02-03, a resolution authorizing the use of the contingency fund for Hospital
Kidney Dialysis Unit. All present voted yes; motion carried.
Resolution No.02-03
Resolution Authorizing Use Of The Contingency Fund
Kidney Dialysis Unit
WHEREAS,the City Council has determined there is a demonstrated need for a kidney dialysis unit in the city;
and
WHEREAS,the creation of a kidney dialysis unit at the Brookings Hospital has been determined to cost
approximately$200,000;and
WHEREAS,on November 12,2002,the City Council unanimously approved the donation of$50,000 of second
penny sales taY funds to the Hospital Kidney Dialysis Fund;and
NOW THEREFORE BE IT RESOLVED,that$50,000 be made available from Contingency to assist in funding
the creation of a kidney dialysis unit and the City Manager is authorized to make the appropriate budget adjustments.
Citv Council Plannin�Discussion Items deferred from the Januarv 7,2003 meetin�
R&T Center Policv. A motion was made by Bozied, seconded by Munsterman,to research
information on the R&T Center provided to the City Council by January 23 for review at the January
28th meeting. At that time the Council will prepare to develop a policy. All present voted yes;
motion carried.
Leadership Team 2003 Outcomes. The City Council review the 2003 goals and actions plans of the
Brookings Leadership Team. No action was taken.
Taxes on Groceries. The City Council discussed the state's tax streamlining plan that goes into
effect January 1, 2004. No action was taken.
Conflict of Interest Ordinance.Board of Ethics. This item will be discussed at the February 10
planning session.
Citv Council Retreat. A motion was made by Munsterman, seconded by Bozied,to defer the
governance policy retreat to a later date and to structure the January 30�'Council retreat similarly to
last year's by identifying and working on current issues and determining outcomes. After the Apri18�'
election hold an orientation with the new members and hold a policy review which could include the
City Manager attending additional workshops or bringing in a consultant. Bozied, Wicks, McClemans
and Munsterman voted yes, Herriott and Roden voted no, Artz abstained. Motion carried.
Economic Development Ends Policv. The City Council reviewed revised ends policy prepared by
the City Manager. No action was taken.
A motion was made by Munsterman, seconded by Bozied,to adjourn. Meeting adjourned at 9:00 p.m.
City of Brookin
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Shari Thornes, City Clerk