HomeMy WebLinkAboutCCMinutes_2003_10_28 l52
Brookings City Council
Tuesday, October 28, 2003
The Brookings City Council held an action meeting on Tuesday, October 28, 2003 at 5:30 p.m.
at City Hall with the following members present: Mayor Scott Munsterman, Council Members
Tom Bezdichek, Tom Bozied (left at 8:29 p.m.), Tim Reed, Julie Whaley, Doris Roden, and
Mike McClemans. City Manager Mike Williams, City Attorney Steve Britzman, and City Clerk
Shari Thornes were also present.
Consent Agenda. Action on City Council Policy "Economic Devedopment & Promotional
Entities Teamwork Policy" was removed from the agenda. A motion was made by Bozied,
seconded by Reed, to approve the consent agenda which included adoption of the agenda as
amended; approval of the October 14, 2003, October 15, 2003 and October 21, 2003 minutes;
action on Resolution No. 64-03, a resolution authorizing a Final Change Order for 2003-06STI,
Schedules C, D, E, F & G; action on Resolution No. 66-03, a resolution authorizing a Fina1
Change Order for 2003-03STI, 20�' Street South Paving Project; and action on Resolution No.
65-03, a resolution authorizing a Fina1 Change Order for 2003-06STI, Schedule A, Chip Seals.
All members voted yes; motion approved.
Resolution No. 64-03
A Resolution Authorizing Final Change Order(CCO#1 Final)For 2003-06STI
Schedules C,D, E, F& G: Bowes Construction, Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for 2003-
06STI: Schedules C, D, E, F& G:
Construction Change Order Number 1 Fina1
Adjust estimated quantities as"as build" for a total decrease of$45,180.89.
Change contract time for Schedule G(Airport Parking Lots)to August 18, 2003.
Resolution No. 66-03
A Resolution Authorizing Final Change Order(Cco#1 Final)
For 2003-03STI, 20�'Street South Paving Project
BE IT RESOLVED by the City Council that the following change order be allowed for 2003-
03 STI.
Construction Change Order Number 1 Final
Adjust estimated quantities as"as build" for a total decrease of$33,014.39.
Resolution No. 65-03
A Resolution Authorizing Final Change Order(Cco#1 Final)For 2003-06STI
Schedule A (Chip Seal): The Road Guy.
BE IT RESOLVED by the City Council that the following change order be allowed for 2003-
06STI: Schedules A:
Construction Change Order Number 1 Final
Adjust estimated quantities as"as build" for a total decrease of$4,995.01.
Downtown Brookings Inc. Jerry Miller, Board President, distributed a report outlining recent
Board activities that included a list of new and expanded businesses, fa�ade improvements,
upcoming promotions, and cunent issues. Miller specifically addressed the HUD grant
application for streetscape imgrovements, enforcement of the 2 hour parking statute, and recent
business and customer surveys. No action was taken.
House Moving — Parslev Wav Additian. A public hearing was held on a house moving
request for Debra and Kim Nagel to move a one-story ranch home from Watertown (Patriot
Homes) to the property described as Lot 11A, Parsley Way Addition in Section 10-T109N-
RSOW, also known as 507 Shamrock Lane. All present were given an opportunity to be heard.
A motion was made by McClemans, seconded by Bozied, to approve the house movin�. All
members voted yes; motion carried.
Resolution No. 67-03 — Integrated Tower Networks. A public hearing was held on
Resolution No. 67-03, a resolution of intent to enter into an agreement with Integrated Tower
Networks for antenna facilities at the property located at 125 Seventh Avenue, Brookings, SD,
with a legal description of Lot 1 and vacated street, Third Railroad Addition and Lots 1, 2, 3, 6
& 7, including 35' access easement, Eberleins Addition to the City of Brookings, Brookings
County, State of South Dakota. All present were given an opportunity to be heard. A motion
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was made by Bezdichek, seconded by Whaley, to approve Resolution No. 67-03. All members
voted yes; motion carried.
Resolution No. 67-03
Resolution Approving Lease of ReAI Property To Private Person
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the
City of Brookings approves the attached Lease with Integrated Tower Network, Lessee for a
period of ten years, commencing upon January 1, 2004 and ending December 31, 2013, and
pertaining to the followin�described property:
A site for antenna facilities at the property located at 125 Seventh Avenue,
Brookings, SD 57006, with a legal description of Lot 1 and vacated street, Third
Railroad Addition and Lots 1, 2, 3, 6, and 7, including 35' access easement,
Eberleins Addition to the City of Brookings, Brookings County, State of South
Dakota.
Pubiic Hearing — Citgo OfT Sale Malt Beverage Transfer. A public hearing was held on the
transfer of an Off-sale Ma1t Beverage License for Citgo Mart, 2429 6�' Street, Brookings, South
Dakota, legal description: Lot 1, Block 10, Telkamp Addition, city of Brookings, South Dakota
from Thelen Oii Co. Inc. of Montevideo, Minnesota, to INP Inc. of Sioux Falls, South Dakota.
All present were given an opportunity to be heard. A motion was made by McClemans,
seconded by Reed, to approve the transfer. All present voted yes, motion carried.
Onerating Agreement — Old Sanctuarv. A motion was made by Munsterman, seconded by
Whaley, to approve the Agreement for Use of an On-Off Sale Malt Beverage License and On-
Sale Wine License with the stipulations as outlined by the Bielfeldt's, that the sale of alcohol for
the current 20 event contracts would conclude at 12:00 midnight and the events would conclude
by 1:00 a.m.; all new contracts and events would quit serving alcohol by 11:00 p.m. on Friday
and Saturday and the events would conclude by 12:00 midnight, and those held Monday through
Thursday would quit serving at 10:00 p.m. and the events conclude at 11:00 p.m. A motion was
made by Bozied, seconded by McClemans, to amend the weekend hours to 10:00 p.m. and 11:00
p.m. All present voted no, except Bozied, motion to amend failed. On the original motion, all
present voted yes; except Bozied; motion carried.
Wine Operating Asreement — Otd Sanctuarv. A motion was made by Roden, seconded by
Bezdichek, to approve Resolution No. 60-03, authorizing the City Manager to enter into a wine
license operating agreement with Dennis and Darla Bielfeldt, owners, Old Sanctuary, 928 4�'
Street, East 23' of Lot 1, Lot 2, Block 5, Skinner's Second Addition. All present voted yes;
except Bozied, motion carried.
Resolution No. 60-03
Old Sanctuary Wine Operating Agreement
BE IT RESOLVED by the city of Braokings, South Dakota, that the City Council hereby
approves a Lease Agreement for a Wine Operating Management Agreement between the City of
Brookings and the Old Sanctuary, Dennis and Darla Bielfeldt, owners, for the purpose of a
manager to operate the on-sale establishment or business for and on behalf of the City of
Brookings at the Old Sanctuary.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of ten years with a renewal in five(5)years.
On-Off Sale Malt Beverage License — Old Sanctuarv. A public hearing was held on action
for an on-off rnalt beverage license for Dennis and Darla Bielfeldt, owners, Old Sanctuary, 928
4�' Street, East 23' of Lot 1, Lot 2, Block 5, Skinner's Second Addition. All present were given
an opportunity to be heard. A motion was made by Bezdichek, seconded by Reed, to approve
the license. All members voted yes; except Bozied, motion carried.
Temuorarv Liauor License — Brookings Volunteer Firetighters Association, A public
hearing was held on an application for a temporary liquor license for the Brookings Volunteer
Firefighters Association annual Fireman's Dance to be held at the National Guard Armory on
November 14, 2003. All present were given an opportunity to be heard. A motion was made by
Bozied, seconded by Whaley to approve the license. All members voted yes; motion carried.
Ordinance No. 35-03 — Rezoning— Section 35-T110N-RSOW. A public hearing was held on
Ordinance No. 35-03, an ordinance rezoning the west 200 feet of the north 290.13 feet of Outlot
l ;5 �
A in the SE '/� of Section 35-T110N-RSOW from a Residence R-3 District to a Business B-3
District (Main Avenue South and 15�' Street South). All present were given an opportunity to be
heard. A motion was made by McClemans, seconded by Bezdichek, to approve Ordinance No.
35-03. All present voted yes, motion carried.
Ordinance No 37-03 — Boardin¢house Conditional Use — Randi Peterson Addition. A
public hearing was held on Ordinance No. 37-03, an ordinance regarding an application for a
Conditional Use Permit to establish a boardinghouse on Lot 1, Block 5, Randi Peterson's
Addition (702 11�' Avenue). All present were given an opportunity to be heard. A motion was
made by Bezdichek, seconded by Whaley, to approve Ordinance No. 37-03. All present voted
yes, except Bozied, Reed, McClemans, and Roden voted no, motion failed.
Ordinance No. 34-03 — Rezonins — Sale Barn Addition. A public hearing was held on
Ordinance No. 34-03, an ordinance rezoning Lot 11A, Block 3, Sale Barn Addition from a
Residence R-3A District to a Business B-2 District (8'� Street South and 6th Avenue South). All
present were given an opportunity to be heard. A motion was made by Roden, seconded by
Bezdichek, to approve Ordinance No. 34-03. All present voted yes, motion carried.
Ordinance No. 36-03 — Rezoning— Section 23-T110N-R50W. A public hearing was held on
Ordinance No. 36-03, an ordinance rezoning Outlot 19 in the NW 1/4 of Section 23-T110N-
RSOW from a Residence R-1A District to a Residence R-3 District (Zl3 W. Hwy. 14 By-Pass).
All present were givez� an opportunity to be heard. A motion was made by Bezdichek, seconded
by Whaley, to approve Ordinance No. 36-03. All present voted yes; McClemans abstained;
motion carried.
Ordinance No. 40-03—Budget Amendment. Second reading was given on Ordinance No. 44-
03, an Ordinance Authorizing a Supplemental Appropriation to the 2003 Budget for the Purpose
of Providing for Additional Funds for the Operation of the City. A motion was made by Reed,
seconded by McClemans, to approve Ordinance No. 44-03. All present voted yes; motion
camed.
Ordinance No. 42-03 — Sales and Use Taa. Second reading was given on Ordinance No. 42-
03, an Ordinance Amending Section 78-38(A)(2) Of The Code Of Ordinances Of The City Of
Brookings, South Dakota And Pertaining To The Use Of Municipal Sales And Service And Use
Tax Revenue For Public Safety Vehicles And Equipment In The City Of Brookings, South
Dakota. A motion was made by Bozied, seconded by Reed, to approve Ordinance No. 42-03.
All present voted yes; motion carried.
Ordinance No. 43-03 — Rescind Budget Amendment. Second reading was given on
Ordinance No. 43-03, an ordinance rescinding Ordinance 17-03, an ordinance entitled "an
ordinance authorizin� a supplemental appropriation to the 2003 Budget for the purpose of
providing for additional funds for the operation of the city. A motion was made by Whaley,
seconded by Bezdichek, to approve Ordinance No. 43-03. All present voted yes, motion carried.
Ordinance No. 4403—Budget Amendment. Second reading was given on Ordinance No. 44-
03, an Ordinance Authorizing a Supplemental Appropriation to the 2003 Budget for the Purpose
of Providing for Additional Funds for the Operation of the City. A mc�ion was made by Bozied,
seconded by Whaley, to approve Ordinance No. 44-03. All present voted yes; motion carried.
Resolution No. 6&03— Sales & Use Tag Funds. A public hearing was held on Resolution No.
68-03, a resolution of the Governing Body of the City of Brookings, South Dakota, declaring an
official intent to use a portion of the 75% of the revenue from the 1% of municipal sales tax and
service and use tax to supplement other funds for construction improvements to the Swiftel
Center Site. All present were given an opportunity to be heard. A motion was made by Reed,
seconded by Whaley, to approve Resolution No. 68-03. All present voted yes; Bozied and
Roden voted no; motion carried.
Resolution No. 68-03
A Resolution Of The Governing Body Of The City Of Brookings, South Dakota,Decl�ring
An Oflicial Intent To Use A Portion Of The 75% Of The Revenues From The 1% Of
Municipal Sales Taa And Service And Use Taa To Supplement Other Funds For
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Construction Improvements to the Swiftel Center Site
WHEREAS, the City of Brookings hereby declares its official intent to use $70,000 of the
75% of the revenues from the 1% sales t�as to supplement other funding for improvements to the
city-owned Swiftel Center site; and
WHEREAS, allocation of the funds is contingent upon the Swiftel Center securing the
Regional Arabian Show in Brookings in 2005, 2006, and 2007; and
WHEREAS, allocation of the funds is also contingent the improvements must be
incorporated into the Swiftel Center long term plan; and
WHEREAS, allocation of the funds is further contingent on the Swiftel Center pursuing
private investments for said improvement.
BE TT RESOLVED by the governing body of the City of Brookings, South Dakota, as
follows: the City of Brookings hereby declares its official intent to use $70,000 of the 75% of
the revenues from the 1% sales t� as to supplement other funding for improvements to the city-
owned Swiftel Center site.
Ordinance No 45-03 — Park & Recreation Board Chan�es. Introductian and first reading
was held on Ordinance No. 45-03, an ordinance amending Article II of Chapter 62 of the Code
of Ordinances of the City of Brookings, South Dakota to increase the number of inembers of the
Park and Recreation Board to include a high school and college student and make related
changes to terms of office, quorum and required affirmative vote. A motion was made by Reed,
seconded by Bozied, to approve the first reading of Ordinance No. 45-03. All present voted yes;
motion carried. Second reading is scheduled for November 25, 2003.
Resolution No. 62-03 — Vacation of Easement. A motion was made by Bozied, seconded by
McClemans, to approve Resolution 62-03, a vacation of easement on Lot 187, Onaka Village,
Indian Hills Addition, Brookings, South Dakota. All present voted yes; motion carried.
Resolution No. 62-03
Vacation Of Easement On Lot 187, Onaka Village,Indian Hills Addition
BE IT RESOLVED BY THE CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, The City of Brookings has been granted a certain utility easement on Lot
187, Onaka Village, Indian Hills Addition by virtue of the Fina1 Plat entitled Plat of Lots 137-
142, 178-180, & 194-199 of Onaka Village, Indian Hills Addition filed in Plat Book 23, Page 59;
and
WHEREAS, The owners of the aforementioned real property have petitioned the City of
Brookings to vacate a previously granted utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of
Brookings that the utility easement located in the south ten feet (10') of Lot 187, Onaka Village,
Indian Hills Addition be vacated.
FURTHERMORE, That a copy of this resolution be filed with the Brookings County
Register of Deeds and that said Register of Deeds be requested to mark upon the above
referenced plat in Plat Book 23, Page 59, the vacating of said easement and note reference to the
proper miscellaneous record.
Resolution No. 63-03 — Establishin� Rates for Garbage. A motion was made by Bezdichek,
seconded by Reed, to approve Resolution No. 63-03, a resolution establishing charges for
collections and disposal of refuse in the City of Brookings, South Dakota. All present voted yes;
motion carried.
Resolution No. 63-03
Establishing Charges For Collections And Disposal Of Refuse
In The City Of Brookings, South D�kota.
Be It Resolved By the City of Brookings As Follows, TO WIT:
I. Monthlv Charges For Familv Domestic Units
The cost of collection and disposal of refuse for family domestic units sha11 become a
charge against the occupant of each dwelling and shall be payable monthly together with
other public service char�es as defined by this City. A fair and reasonable charge for the
collection of refuse at each regular collection time, from each domestic unit shall be
thirteen dollars and no cents ($13.00) plus sales tax per month. The monthly charge sha11
be based on one automated cart provided by the City or one or more fly tight container(s)
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provided by the citizen for those areas not yet served by the automated collection system.
The monthly charge shall be based upon once a week pickup for garbage and refuse and
once a week pickup for recyclable material.
A fair and reasonable charge for a second automated cart provided by the City for the
collection of garbage and refuse shall be two dollars and si�y-five cents ($2.65) plus
sales t�per month.
Yard waste (grass and leaves) will be collected once per week. The yard waste will be
collected in special ba�s sold by the city at various locations. A fair and reasonable
charge for the bags to cover the cost of the bags, the collection and composting activity
shall be eighty cents ($.80) per bag. The various locations may charge an agent's fee.
II. Monthl Cha es for Commercial Establis6ments
The cost of collection and disposal of refuse from commercial establishments or the
public schools or any other institution or facility not otherwise classified herein shall
become a charge against the occupant of such commercial establishment and shall be
payable monthly together with other puhlic services as defined by this City. A fair and
reasonable charge for collection of the contents shall be a minimum charge for collection
of the contents shall be a minimum of twenty-five dollars ($25.00) plus sales tax per
month for five (5) carts with an additional charge of two dollars and sixty-five cents
($2.65) plus sales ta�c per cart thereafter.
Apartments and other institutions or facilities utilizing containers for trash receptacles, shall
be charged si�y-seven dollars ($67.00) plus sales t� per month for a one and one-half(1
'/Z) cubic yard container, eighty-six dollars ($86.00) plus sales t� per month for a 2 cubic
yard container, one hundred four dollars ($104.00) plus sales tax per month for a 3 cubic
yard container, one hundred twenty-three dollazs ($123.00) plus sales tax per month for a
four (4) cubic yard container, one hundred forty-two dollars ($142.00) plus sales tax per
month for a five (5) cubic yard container, one hundred sixty-one dollars ($161.00) plus
sales ta�c per month for a six (6) cubic yard container, one hundred eighty dollars($150.00)
plus sales tax per month for a seven (7) cubic yazd container and one hundred ninety-nine
dollars ($199.00) plus sales t� per month for a eight (8) cubic yard container. Said
charges shall be based upon a twice a week pickup. The charges for each additional pickup
per week at the same location, with the necessity of moving the collection vehicle shall be
twenty dollars ($20.00) plus sales t� for one and one-half cubic yazd container, thirty
dollars ($30.00) plus sales t�for a two(Z)yard container, forty dollars($40.00)plus sales
tax for a three (3) yard container, fifty dollars ($50.00) plus sales tax for a four(4)yard or
larger container.
III. Month(v Charges for State Institutions
The cost of the disposal of refuse from a state institution or facility located within the city,
where the institution or facility maintains its own collection service, shall be at the same
rate or charge imposed upon licensed commercial garbage haulers, as provided in
Paragraph II and which rate or charge sha11 be imposed on each load whether the same be a
partial or full load. The director of solid waste management shall keep a monthly record of
the number of loads brought to the sanitary landfill each month by a state institution and
said institution shall be billed at the end of each calendar month on the basis of the number
of loads of refuse brought to the sanitary landfill during the prior month.
IV. Char�es for Use
Each commercial hauler and each commercial establishment hauling its own garbage,
rubbish and waste material shall pay to the city for the use of the sanitary landfill, per
vehicle load, the following chazges:
A. For loads of refuse material not requiring additional compaction or processing, such as
roofing, concrete or trees,the sum of$17.50 per ton plus state sales tax will be charged.
Minimum fee will be $5.00 for 570 pounds of material.
B. For loads of waste material requiring additional compaction or processing (paper, food
waste, plastic, lumber, grass, leaves, etc.)the sum of$34.00 per ton plus $1.00 per ton
state fee, plus state sales tax will be charged. Minimum fee will be $5.00 per 285
pounds of material.
V. Landfdl Charges for Saecial Waste
157
Each hauler of special waste, including tire, asbestos and petroleum contaminated soil,
shall pay to the City of Brookings for the use of the landfill, the following charges, plus
state sales t�:
(a) For Tires
Passenger car tires $2.00
Light pickup tires $3.00
Truck tires $ 7.00
Tractor tires $20.00
(b) For As6estos
Per bag $ 5.00
Per ton $35,00
(c) For petroleum contaminated soil
Waste oil (per ton) $10.50
Gas (per ton) $ 7.50
Miaed Gas & Diesel(per ton) $ 7.50
Diesel Soil (per ton) $ 7.50
VI. Tires
No tires will be collected on city garbage routes. Tires may be disposed of at the landfill
at the prices listed in Paragraph V. (a)
VII. Aqqliances
White goods having freon will be ten dollars ($10.00)per appliance, plus state sales tax. '
VIII. Effective Date
All char�es established by this resolution will be effective July 1�, 2004.
Abatement Reauest— Marie Bozied. A motion was made by Roden, seconded by McClemans,
to approve an abatement request from Marie Bozied, for Lot 6, Block 12, East Acres Second
Addition, also known as 327 East Avenue South, for a portion of the 2003 property taxes in the
amount of$629.20. All present voted yes; Bozied abstained; motion carried.
Elks Lodge. Jerry Bergum, Elks representative, repoRed that he has met with groups interested
in the facility for the Senior Citizen Center. He requested a special meeting with the City
Council to discuss the issue of the senior citizen center locating in the Elks facility. He further
requested the Council make a decision soon on the purchase of the building. If the city isn't
interested, the club will need to advertise it on the open market.
Second Pennv Sales Taa Policy Amendments. The followin� motion was tabled at the
October 21�` meeting: A motion was made by Reed, seconded by Whaley, to amend the Second
Penny Policy, Section V, Project Planning, as follows: "At the time a proposed cash project
becomes a planned project a fund allocation motion should be made and voted upon by the City
Council. This allocation does not allow the distribution of funds and is used for planning
purposes only. The motion should be developed by the City Manager and contain the suggested
allocation amount and any other criteria for the project. The allocation and criteria can be
changed at anytime by the City Councii. Allocations can also be created by other policies. The
City Manager will provide the City Council with a 10-year projection of revenues and
expenditures of second penny funds when requested by the City Council. This document will
contain; Detailed debt Service Expenditures, Allocations for Cash Projects, Revenue Forecast,
End Cash Balance, Accumulated Funds, Actual Cash Balance (End Cash Balance —
Accumulated Funds), and Actual Cash Balance as a % of Revenue." A motion was made by
Bozied, seconded by Whaley, to take the item off the table. All present voted yes; motion
carried. Bozied left the meeting at 8:29 p.m. On the original motion, all present voted yes;
motion carried.
The following motion was tabled on October 21�`and the City Manager would provide a
recommendation on a minimum balance to be held in that fund and recommend a percentage for
this policy: A motion was made by Reed, seconded by McClemans, to amend the Second Penny
Policy as follows: "It is City Council Policy that the End of Year Actual Cash Balances will not
fa11 below 50% of planned 75% Second Penny revenues. Planned revenue is per City Managers
projection." A motion was made by Whaley, seconded by McClemans, to remove the motion
from the table. All present voted yes; motion carried. A motion was made by Reed, seconded
by Roden, to amend to 10% of annual revenues rather than 50%. All present voted yes to
amend; motion carried. On the original motion as amended, a11 present voted yes; motion
camed.
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Presentation of Third Quarter Financial Reports. City Manager Williams reviewed quarterly
financial reports with the Council. No action was taken.
Briefing on the November 25�' Citv Council Action Meeting. City Manager Williams
provided a briefing on the upcoming November 25 City Council meeting. No action was taken.
Councii Members Oaen Discussion. Hospital Funding Transfers. Council Member Bezdichek
asked for information funding transfers from other municipal entities, specifically the Brookings
Hospital. Further research by the City Attorney is needed on this issue.
Adiournment. A motion was made by McClemans, seconded by Munsterman, to adjourn. All
present voted yes; motion carried. Meeting adjourned at 9:03 p.m.
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