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Home My WebLink AboutCCMinutes_2004_06_22 237 Brookings City Council Tuesday, June 22, 2004 The Brookings City Council held an action meeting on Tuesday, June 22, 2004 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tom Bozied, Julie Whaley, Doris Roden, and Mike McClemans. Trm Reed was absent. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Agenda: Resolution No. 4I-04 was added to Consent Agenda. Resolution No. 40-04 was removed for separate discussion. A motion was made by McClemans, seconded by Whaley, to approve the consent agenda which included adoption of the agenda as amended; action to approve Resolution No. 41-04; and action to approve the May 5, May 25, June 1, June 8 and June 14 City Council Meeting Minutes. All present voted yes; motion carried. RESOLUTION NO.41-04 A resolution setting forth a schedule of proposed fines for violations of the ordinances of the city of Brookings, South Dakota. BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota,that the following Schedule of Proposed Fines shall be effective as of July l, 2004 for all violations of Ordinances set forth ; herein. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offense Fine Costs Total Miscellaneous Offenses 5-3 Open Container(alcoholic beverage) (Beer,wine, liquor in vehicle or on street) 39.00 41.00 80.00 5-5 Attempt to Purchase 39.00 41.00 80.00 5-6 Misrepresentation of Age 39.00 41.00 80.00 5-62 Possession of Keg Restricted 39.00 41.00 80.00 9-39 Bicycle Offense 14.Q0 41.00 55.00 17-11 Littering 39.00 41.00 80.00 23-1 Lights on Vehicle 19.00 41.00 60.00 23-4 Exhaust System 24.00 41.00 65.00 25-2 Resisting an Officer 79.00 41.00 120.00 25-13 Fleeing from a Police Officer 99.00 41.00 140.00 25-25 Disorderly Conduct 39.00 41.00 80.00 25-26 Disturbing the Peace-House Parties First Offense 54.00 41.00 95.00 Second Offense(within 1 year period) 104.00 41.00 145.00 Third Offense(within 1 year period) 200.00 41.00 241.00 Parkin�Offenses 34-250 Places Where Prohibited 17.00 41.00 58.00 34.266.1 Illegal Parking(2 hr.downtown or Medary) 17.00 41.00 58.00 34-268 Parking Prohibited During Snow Removal 27.00 41.00 68.00 50.70.510 Front Yard Parking 12.00 41.00 53.00 Traffic/Drivine Offenses 26-22 Driving Restricted(In Parks) 49.00 41.00 90.00 34-3 Driver's License Violation 39.00 41.00 80.04 34-4 Age of Driver 39.00 41.00 80.00 34-5 License Plate Violation 39.00 41.00 80.00 34-55 Failure to Comply w/Warning Ticket 39.00 41.00 80.00 34-66 Duty to Provide Information 49.00 41.00 90.00 34-68 Property Damage 49.00 41.00 90.00 34-69 Unattended Vehicle 49.00 41.00 90.00 34-71 Immediate Notice 49.00 41.00 90.00 34-89 Driving on Divided Highway 39.00 41.00 80.00 34-90 Driving on Left Side of Street 29.00 41.00 70.00 34-97 Obstruction of Vision 29.00 41.00 70.00 34-125 Traffic Signals 39.00 41.00 80.00 34-141 Speed Limit Designated Exceeding Limits 24.00 41.00 65.00 1-5 mph Over Speed Limit 24.00 41.00 65.00 6-10 mph Over Speed Limit 29.00 41.00 70.00 11-15 mph Over Speed Limit 49.00 41.00 90.00 , 16-20 mph Over Speed Limit 69.00 41.00 110.00 " 21-25 mph Over Speed Limit 104.00 41.00 145.00 Over 25 (Court Appearance) 139.00 41.00 180.00 1 238 34-160 Obedience(One Way Streets&Alleys) 19.00 41.00 60.00 34-172 Right Turn 29.00 41.00 70.00 34-173 Left Turn 29.00 41.00 70.00 34-174 U-Turn Restricted 29.00 41.00 70.00 34-205 Obedience to Stop and Yield 39.00 41.00 80.00 34-206 Vehicle Entering Stop Intersection 39.00 41.00 80.00 34-207 Vehicle Entering Yield Intersection 39.00 41.00 � 80.00 34-317 Pedestrian Right-of-Way 39.00 41.00 80.00 34-226 Reckless Driving 69.00 41.00 110.00 34-227 Careless Driving 59.00 41.00 100.00 34-228 Exhibition Driving 39.00 41.00 80.00 34-229 Unsafe Backing 39.00 41.00 80.00 34-230 Maximum Passengers 19.00 41.00 60.00 34-232 Following Too Close 39.00 41.00 . 80.00 34-233 Driving on Sidewalk 29.00 41.00 70.00 34-237 Driving Through Processions 29.00 41.00 70.00 34-238 Cutting Corner 29.00 41.00 70.00 34-238 Manner Of Use Of Diagonal Parking Spaces 29.00 41.00 70.00 Housin�and Zonin�Offenses Housing 19-3 l Licensing of Leased Dwelling Units 29.00 41.00 70.00 19-32 Filing of Application Forms 29.00 41.00 70.00 19-35 Payment of License Fees 29.00 41.00 70.00 19-37 Failure to Comply With Smoke Detector, Exit and Parking Requirement First Offense 154.00 + 41.00 w/100.00 � suspended on condition of no similar ' violations for 1 year Second Offense 154.00 41.00 195.00 Third Offense 200.00 41.00 241.00 19-42 Agent Required 39.00 41.00 80.00 Zonine 50.06.030 First Offense: 50.07.030 200.00+41.00 w/150.00 suspended 50.08.030 Permitted Uses(Unlawful Use) on condition of no similar violations 50.09.030 for 1 year 50.10.030 50.11.030 50.20.030 Second Offense: All Other Zoning Ordinances Violations 200.00 41.00 241.00 Resolution No. 40-04-Action on bids. A motion was made by Bozied, seconded by McClemans, to approve Resolution No. 40-04 and award bids to Bowes Construction for the 2004-07STI Street Project. All present voted yes; motion carried. RESOLUTION NO.40-04 RESOLUTION AWARDING BIDS ON PROJECT 2004-07STI STREET MAINTENANCE AND OVERLAY PROJECT WHEREAS,the City of Brookings has received the following bids for Project 2004-07STI Street Maintenance and Overlay Project. ScheduleA Bowes Construction,In� $ 7,500.00 Schedule A Myrl&Roy s Paving, Inc. $ 11,726.00 Schedule B Bowes Construction,Ina $ 62,341.00 Schedule B Myrl&Roy's Paving, Inc. $ 77,161.30 Schedule C Bowes Construction,In� .$ SI,466.00 Schedule C Myrl&Roy's Paving, Inc. $89,404.00 NOW THEREFORE,BE IT RESOLVED that the low bid of Bowes Construction, Inc.for Schedule A, B and C be accepted. Oaen Forum. Richard Shillander read a prepared statexnent regarding recent comments by Council Member Bezdichek about the Brookings Hospital. No action was taken. Hospital Board Report. The City Council discussed a City Attorney memorandum dated 9/11/03 regarding preparation and publication requirements and the transcribed comments from CM Bezdichek from the June 8, 2004 open council member discussion. There was discussion regarding the responsible pariy for publication of salaries. A list af confirmed Hospital minutes and publication dates from 2000 to present was reviewed. It was noted that 12 months were 2 239 unaccounted for. Development of a system to ensure that salaries are published pursuant to state law was recommended. The City Attorney will examine all appropriate state statutes to determine requirements and will draft an ordinance for firture Council consideration. The City Manager will research the issue of the unpublished minutes. Ordinance No. 12-04—Conditional use Permit. A public hearing was held on Ordinance No. 12-04, an Ordinance establishing a conditional use permit for outdoor sales on Lot 2, Block 5, Bidco Addition(132A Airport Ave.). All present were given an opportunity to be heard. A motion was made by Bozied, seconded by Whaley,to approve Ordinance No. 12-04. All present voted yes; motion carried. Temporarv Malt License. A public hearing was held for a temporary malt license for Doumtown Brookings, Inc. for July 2, 2004. All present were given an opportunity to be heard. A motion was made by Whaley, seconded by McClemans,to approve the temporary malt license. All present voted yes, Roden abstained, motion carried. PromotionaUEconomic Develonment Model. A motion was made by Bozied, seconded by McClemans, to approve the Promotional/Economic Development Model, Guidelines and appoint Allen Gordon, Deb Garbers, Ron Einspahr, Rod Schaefer, Amanda Mattingly, Phil Carlson, Lynn Verschoor, Pastor Scott Miller, Kimberly Harer, and Joyce Hodges. All present voted yes; Bezdichek and Roden voted no, motion carried. Citv Mana�er's Renort. The Council directed the City Manager to expend $2,500 out of the City Manager Contingency fund for the 2004 fireworks. Council Members Oaen Discussion. CM Roden requested the Human Rights Committee's request to modify language in Conflict of Interest ordinance (adding sexual orientation as protected areas in anti-discrimination) come before the Council for first reading was on July 13th. She noted that this item was taken off the agenda by the Mayor and questioned his authority to remove an item from the agenda. A motion was made by Roden, seconded by Bezdichek,to direct the City Manager to draft an ordinance addressing the Human Rights issue and it be on the July 13th agenda. Roden and Bezdichek voted yes; Bozied, McClemans, Whaley and Munsterman voted no; motion failed. CM Roden recommended the Mayor involve the County and the BEDC Director in his Regional Revitalization Plan. Munsterman said he had met with a11 interested parties and was addressing the following issues with other cities in Brookings County: West Nile, Cooperative Bidding, Surplus, and Economic Development. CM Roden requested the City Council schedule a meeting with the School District and County . Commission. CM Roden asked for a status report on Rose Ramey owned properties with respect to the city's maintenance ordinance. CM Roden asked if more enforcement could be used against unmowed rental properties to help minimize the threat of the West Nile virus. Adiourn. A motion was made by Bozied, seconded by Whaley,to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:57 p.m. Y OF S o unsterman, Mayor ATT 5'0� S�Niyy Z~CO••• •'~ OOdm A ��/��^ � ��v ° .'° rookings Ci Clerk � �Ho 3