HomeMy WebLinkAboutCCMinutes_2004_07_13 24fi
Brookings City Council
Tuesday, July 13, 2004
The Brookings City Council held an action meeting on Tuesday,July 13, 2004 at 5:30 p.m., at
City Hall with the following members present: Mayor Scott Munsterman, Council iVlembers
Tom Bezdichek, Tom Bozied, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans.
City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were
also present.
Consent A�enda: A motion was made by Reed, seconded by Whaley,to approve the consent
agenda which included:
1) Adoption of the agenda. '
2) Minutes. Approval of March 23, June 22,June 28, June 29, and July 6, 2004
minutes.
3) Bids. Action to award bids on a Street Sweeper to Sanitation Products, Inc. in the
amount of$113,645. Bids were opened on Tuesday, July 6, 2004 and no other bids
were received.
4) Bids. Action to award bids for City Building Abatement Project to Remediation
Specialists with a total of$36,908. The following bids were received on June 29, •
2004:
• Bid Package 1: Remove beam spray containing asbestos:
o Remediation Specialists, Inc.,North Sioux City, IA: $22,895
o Envirotech Remediation Services, Roseville,MN: $53,150
o Gary Snow&Associates, Pierre, SD: $23,900
o KMB Diversified Services, Inc., Siou�c Falls, SD: $28,293
• Bid Package 2: Application of fire proofing materials to structural steel beam:
o Remediation Specialists, Inc.,North Sioux City, IA: $6,377
o Souter& Sons, Inc., Sioux Falls, SD: $14,740
� Bid Package 3: Install steel plates, clean-up, and replace ceiling panels:
o Remediation Specialists, Inc.,North Sioux City, IA: $7,636
• Quotes for other work:
o Banner Associates, Inc., Test Welds: $500
o Pro Maintenance: Epoxy Floor Sealant: $11,884.69
5) Contin�ncy. Action to approve Resolution 43-04, authorizing use of contingency
fund for asbestos abatement and structural repair to the fire department floor.
RESOLUTION NO.43-04
RESOLUTION AUTHORIZING USE OF THE CONTINGENCY FUND
ASBESTOS ABATEMENT AND STRUCTURAL REPAIR TO FIRE DEPARTMENT FLOOR
WHEREAS,the City Coun cil has determined there is a demonstrated need for asbestos abatement
and structural repair to the vehicle garage floor of the Third Avenue Fire/Police Station;and
WHEREAS,the abatement and repair has been determined to cost$49,292.69;and
NOW THEREFORE BE IT RESOLVED,that$49,292.69 be made available from 25%sales 8c use
tax fund to pay for the funding of the project.
6) Appointment. Action to appoint Edward Schreur to Human Rights Committee,term
expiring on January 1, 2007.
7) Abatement. Action to approve abatement request received from David Buchholz for
Registered Mobile Home#5905 for a portion of the 2004 property taxes in the amount
of$17.68.
8) Bids. Action to award bids for disposal of police cars A and B to Joe Sabinske of
Fridley, Minnesota based for$4,000 per unit, and vehicle C to Cheyka Motors, Inc.
for$6,141. The following bids were received on July 6, 2004: Welcome Motors,
Inc.: Vehicle A- $2,000, Vehicle B - $2,892, Vehicle C - $5,892; Suburban Auto,
Inc.: Vehicle A-$3,258, Vehicle B - $3,258, Vehicle C - $4,617; Joe Sabinske:
Vehicle A - $4,000, Vehicle B - $4,000, Vehicle C - $4,750; and Cheyka Motors, Inc.:
Vehicle A - $3,517, Vehicle B - $3,542, and Vehicle C - $6,141.
On the consent agenda; all present voted yes,motion carried.
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Brookin�s Area Chamber of Commerce Report Ladell Swiden, Chamber President,
reported on a recent membership survey results, statistics on website usage, participation in the
Leadership Brookings program,the luncheon series, development of a promotional plan to
expand internship opportunities, and recent economic indicators. No was action taken.
Traffic Citations Report. Police Chief Timothy Tompkins provided a"Mid-Year Traffic and
Crime Stats Report." He said citations have increased but accidents have not decreased.
Contributing factors to increased accidents include aggressive driving habits and cell phone
usage. No was action taken.
I-1R Site Plan. A motion was made by Roden, seconded by Bozied, to approve an Amendment
to an I-1R Site Plan for Lots 1, 3, and 6, Block 2, Insbrook Park Addition (2500 Eastbrook
Drive). All present voted yes, motion carried.
Ordinance No. 13-04—Boardin house Introduction and first reading was held on Ordinance
No. 13-04, an application for a Conditional Use Permit to establish a Boardinghouse on the
W75' of Lots 15 and 16, Block 5, Randi Peterson's Addition(1117 7th Street). A motion was
made by Bezdichek, seconded by Reed,to approve Ordinance No. 13-04. All present voted yes,
motion carried. Second reading to be held on July 27, 2004.
Resolution No. 44-04—Annexation A motion was made by Whaley, seconded by Reed,to
approve Resolution No. 44-04 annexing Outlot B in the NW '/4, SW '/a, of Section 20-T1 ION-
R49W and Outlots B and E in the SW '/4, SW '/4 of Section 20-T110N-R49W(34`h Avenue). All
present voted yes, Munsterman abstained,motion carried.
RESOLUTION NO.44-04
WHEREAS, The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex
contiguous territory upon receipt of a written petition,describing said territory sought to be annexed,signed by
not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths
(3/4)of the value of said territory,and
WHEREAS,The City of Brookings desires to annex the following described property,to wit:
Outlot B in the NW'/<,SW'/,of Section 20-T110N-R49W and
Outlots B and E in the SW'/,,SW'/<of Section 20-T110N-R49W,and
WHEREAS,The aforesaid land is contiguous to the present boundaries of the City of Brookings,and
WHEREAS,1'he City of Brookings has received a Petition For Annexation of Territory signed by the owners
of greater than three-fourths(3/4)of the value of the aforesaid property and by not less than three-fourths(3/4)
of the legal voters residing in said territory,now therefore
BE IT RESOLVED By the City of Brookings, South Dakota, that the property described above is hereby
annexed to the City of Brookings.
Ordinance No. 14-04—Rezonin Introduction and first reading was held on Ordinance No.
14-04, a petition to rezone Lot 2, Block 1,Nelson Fourth Addition from an Agricultural A
District to a Residence R-1B District(15`h Street South and 17t�'Avenue South). A motion was
made by McClemans, seconded by Bozied, to approve Ordinance No. 14-04. All present voted
yes, motion carried. Second reading to be held on July 27, 2004.
Preliminarv Plat—Blairhill Addition A motion was made by Bozied, seconded by Whaley,to
approve a preliminary plat of Lots 1 - 12, Block 1, B1airHill Second Addition(15�' Street South
and 17th Avenue South). All present voted yes,motion carried.
Alcohol Application-Dakota Pub A motion was made by Roden, seconded by Bezdichek,to
remove the June 8, 2004 motion from the table. All present voted yes, except Bozied voted no,
motion carried. The following motion from June 8, 2004 was brought forward: "A motion was
made by Munsterman, seconded by Reed, to shelf the second operating agreement and reassess
after one year. A motion to amend was made bv Bezdichel� seconded bv Roden to issue a
temporarv license to Dakota Pub. The City Manager recommended the Council require a
financial deposit.
The City Attorney clarified that the City Council has complete discretion over issuance of
operating agreements even if they have accepted applications for that operating agreement. Not
issuing an operating agreement is not a rejection of the applicant. The applicant would not be
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precluded from reapplying. Non-issuance for a full term or temporary would not be rejection
under state statute (35-2-5.1).
A motion was made by Munsterman, seconded by Bozied,to table this issue until a policy
discussion has occurred. Bozied, Reed, McClemans, Munsterman voted yes; Bezdichek, Roden
and Whaley voted no, motion carried to table. A motion was made by Reed, seconded by
Munsterman, to discuss temporary licenses at the August 3, 2004 planning session. All present
voted yes; motion carried.
Resolution No. 45-04—Propertv Tax Opt Out No action was taken by the City Council on
proposed Resolution No. 45-04 to opt out of the Property Ta�c.
Retire/Rehire Policv for the Citv of Brookin�s A motion was made by Roden, seconded by
Whaley, to approve the following "Retire/Rehire"Policy. All present voted yes, motion carried.
City of Brookings Policies & Procedures Manual
POLICY 3 EMPLOYEE CLASSIFICATIONS AND STATUS CHANGES
3.7 RETIRE/REHIRE
Eligibility: The City Manager will have sole discretion and authority concerning the rehire of an
employee following their retirement from the City. While every position would be eligible for
consideration of rehire, at no time will the decision to authorize be automatic. Several factors
will guide the consideration of each individual situation.
Factors:
• Specialized nature of the position: Certain positions may be hard to fill,primarily because
of specialized duties included in the position and the limited availability of people with
the skill to perform them.
• Critical nature of the position: Certain positions are of such a critical nature due to the
unique expertise required of the position,particular situations or projects that the City is
involved in, andJor lack of depth in the department to fill on a temporary basis from
within, such that the City could not function for an extended period of time with the
position vacant.
• Market issues: Availability of qualified candidates may be limited in the current labor
market.
• Funding issues: While the position may have been already funded, there may be
additional budget concerns.
• State retirement assues: This covers financial and benefit issues for both the retiree and
the City.
• Other considerations as identified.
Our policy will be to meet as many of these criteria as possible and then rank the importance and
related critical issues. Those who meet the rankings as determined by the City Manager will
then be eligible for consideration for rehire. Under normal separation issues, given proper notice
and a normal market, very few positions would be eligible.
Time Frame: All offers to be based upon 3 month assignments or less. These assignments
would be renewable, but not to exceed 18 months in duration.
Salary: Any rehire salary will not exceed the mid-point of the range, unless the City Manager
specifically authorized and justified a higher level,based upon the factors listed above in
"Eligibility". The City Manager would have flexibility within the established range.
Benefits: Under most circumstances, there would be no benefits included with the contractual
rehire arrangement. As a contract employee there would be no retirement,vacation or sick leave
accruals. The City Manager would have authority to negotiate those benefits if it shown to be in
the best interests of the City. Retirees have the opportunity to continue health and life coverage
as outlined within the City policy. That flexibility would always remain within the established
personnel and benefit guidelines.
Structure: All rehires would be based upon an individual, temporary contract basis. These
would be personal services contracts and rehires would not be classified as "regular full-time"
employees. Their status would be similar to an architect on contract or some similar, specialized
arrangement.
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Council Members Open Discussion CM Roden requested the city review the sign ordinance
to lessen the restrictions for special events banners.
CM Reed asked that the wayfinding committee include signage for poner Auditorium and the
Performing Arts Center.
CM Reed asked what happens to the alcohol when a temporary liquor operating agreement
expires. Does the Municipal Liquor buy back any unopened items?
CM Reed asked that the Council consider implementing an ordinance pertaining to"unused
furniture." This issue was scheduled for October 5, 2004.
CM McClemans asked if a tax increment financing district was planned for the downtown
project. Roden said a Business Improvement District, which is different than a TIF, was earlier
considered but not pursued.
CM Bozied said more public education is needed on the allowable uses of second penny money
and the general fund. This is a critical time and use of reserves may be needed.
Adiourn. A motion was made by Reed, seconded by Whaley,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:03 p.m.
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