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HomeMy WebLinkAboutCCMinutes_2004_07_27 25 � Brookings City Council Tuesday, July 27, 2004 The Brookings City Council held an action meeting on Tuesday,July 27, 2004 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members 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 McClemans, to remove adoption of the agenda from the consent agenda for separate action. All present voted yes; motion carried. A motion was made by Whaley, seconded by Bozied,to approve the consent agenda as amended which included 1) Minutes. Approval of the July 13, 2004 meeting minutes; 2) Bids. Action to award bids on a Rear Loading GVW Truck Chassis to Holcomb Freightline, Inc. of Sioux Falls, SD for$50,385.00 (bids were also received from Boyer Ford of Sioux Falls for$52,217.00); 3) Bids. Action to award the alternate bid on the 20 Cu. Yd. Rear Loading Body to Sanitation Products, Inc. of Sioux Falls, SD, for$60,364.55 (no other bids were received); 4) Res. 52-04. Action to approve Resolution No. 52-04: Final Change Order for 2403- 04STI, Capital Street Project; Resolution No.52-04 A Resolution Authorizing Final Change Order(Cco#2 Final)For 2003-04STI Capital Street Project-Bowes Construction,Inc. BE IT RESOLVED by the City Council that the following change order be allowed for 2003- 04STI: Capital Street Project: Construction Change Order Number 2 Final: • Adjust estimated quantities as"as build"for a total decrease of$3726.99. • Increase contract time by 7 working days. 5) Res. 47-04. Action to approve Resolution 47-04: authorizing the Mayor to sign a grant acceptance offer for AIP Project No. 3-46-0005-016 for the Brookings Municipal Airport; Resolution No.47-04 Resolution Authorizing Mayor To Sign An Agreement For Federal Aviation Administration Grant- AIP Project No.3-46-0005-016 WHEREAS, the Brookings City Council desires the completion of an "Airport Master Plan Update;"and WHEREAS, The City of Brookings is obligated to and hereby agrees to pay for 3% of the allowable costs incurred in accomplishing the"Airport Master Plan Update;"and WHEREAS, that Federal Aviation Administration is hereby requested to authorize "Airport Master Plan Update,"in accordance with the approved grant agreement. NOW,THEREFORE,BE RESOLVED,that the Mayor is hereby authorized to sign an agreement for the Federal Aviation Administxation Grant AIP Project No.3-46-0005-016. 6) Appointment. Action to appoint Vicki Smith Kuechenmeister as an alternate to the Board of Adjustment,term expiring on O1i01/06. On the main motion, all present voted yes,motion carried. Asenda. A motion was made by Reed, seconded by McClemans, to amend the agenda to add an executive session per SDCL 1-25-2 to prepare for contract negotiations and consultation with legal counsel. All present voted yes on the amendment; motion carried. A motion was made by Reed, seconded by McClemans,to approve the agenda as amended. All present voted yes; motion carried. ABLE Awards. The 2004 ABLE awazds were presented to Applebee's Neighborhood Bar and Grill and to the Holiday Inn Express by the Brookings Committee for People who have Disabilities. Traffic Safetv Committee Report. Margie Carpenter, Chair, said the Committee has reviewed the following key issues: installation of a crossing guard at the Mickelsen Middle School intersection and review of the 8`h Street South and Christine Avenue intersection. The Dept. of Transportation is reviewing the 8�' Street South issue. No action was taken. 1 251 Brookings Economic DeveloAment Corporation Report. Matt Kurtenbach, Board President, highlighted the BEDC 2003-2005 Business Plan. The Board is currently involved in the following issues: local interest in a spec building construction; review of water flow problems on Western Avenue and a possible CDBG application; review of the Mayor's Regional Revitalization Plan; involvement with the SD Rural Development Council; a technology lab moving into the Ron Reed Center; and committee activities. No action was taken. Ordinance No. 13-04—Boardinghouse. A public hearing 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, also known as 1117 Seventh Street. All present were given an opportunity to be heard. A motion was made by Bezdichek, seconded by McClemans, to approve. All present voted yes; except Roden voted no and McClemans abstained; motion carried. Ordinance No. 14-04—Rezoning. A public hearing 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 (15th Street South and 17th Avenue South). All present were given an opportunity to be heard. A motion was made by Roden, seconded by Bozied, to approve. All present voted yes; motion carried. Temporary Malt License—Brookings Amateur Baseball. A public hearing was held on a temporary malt beverage license for the Brookings Amateur Baseball organization for August 5- 7 and August 13-15. All present were given an opportunity to be heard. A motion was made by ; Reed, seconded by Bezdichek,to approve. All present voted yes; motion carried. Off-Sale Malt License Transfer—Food-N-Fuel. A public hearing was held on an off-sale malt license transfer for Food-N-Fuel, 1203 Main Avenue, Convenience Management Services, Inc. All present were given an opportunity to be heard. A motion was made by Whaley, seconded by Reed,to approve. All present voted yes; motion carried. Resolution No. 48-04—Park& Recreation Center- Convention Facilitv. Action on Resolution No. 48-04, designating the Park and Recreation Center as a Convention Facility. A motion was made by Bozied, seconded by Reed,to approve. All present voted yes; motion carried. RESOLUTION NO.48-04 RESOLUTION DESIGNATING THE PARK AND RECREATION CENTER AS A CONVENTION HALL WHEREAS,the Brookings City Ordinance Section 5-21 "Temporary on-sale license for use at convention Hall",states"Any public convention center or hall designated by resolution of the City is hereby designated as a convention hall of the City for purposes of temporary on- sale alcoholic beverage licensing. The use of each convention hall by any person holding a temporary on-sale alcoholic beverage license shall be governed by the rules or regulations pertaining to each respective facility." WHEREAS,SDCL 35-4-14.2 further states there may be issued in any municipality one on- sale license to be operated at a designated convention hall,and WHEREAS,the Park and Recreation Center located at 22l Main Avenue is utilized for many different functions and events,and NOW,THEREFORE BE IT RESOLVED that the Park and Recreation Center be designated as a Convention Hall on September 17 and 18,2004. Temporarv Liquor License—Firefighter's Association. A public hearing was held on a temporary liquor license for the Annual Firemen's Dance on September 18, 2004 in the Park and Recreation Center and National Guard Armory in case of inclement weather. All present were given an opportunity to be heard. A motion was made by McClemans, seconded by Roden,to approve. All present voted yes; motion carried. Ouarterlv Financial Reports. Rita Thompson, Finance Manager, reviewed the 2"d quarter reports. No action was taken. 2 � � � Investment Policy for the Citv of Brookin�s. Action to amend the Investment Policy for the City of Brookings. A motion was made by Whaley, seconded by Reed, to approve. All present voted yes, motion carried. Citv of Brookin$s Investment Policv I. Delegation of Authority Authority to manage the investment program is granted to the city manager who shall act in accordance with this policy and administrative procedures and internal controls consistent with this investment policy II. Scone This policy applies to the investment of operating funds of the City of Brookings. � 1. Pooling of Funds Except for cash in certain restricted and special funds, the City of Brookings will consolidate cash balances from all funds, utilities and hospital included,to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. General Ob�ectives The primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield: 1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet a11 operating requirements that may be reasonably anticipated. 3. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. IV. Standards of Care 1. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers, acting in accordance with written procedures and controls established by the City Manager, and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. Investments shall be made with judgment and care,under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. V. Financial Institutions Demand accounts (short term investments) shall be invested through financial institutions within the City of Brookings or the local government investment pool. Issuers of repurchase agreements or certificates of deposit shall be financial institutions within the City of Brookings. The City Manager is encouraged to use financial institutions located within the City of Brookings for deposits and investments if the level of safety, liquidity and yield are not substantially below that of investment alternatives located outside the City of Brookings. VI. Suitable and Authorized Investments 1. Investment Types The following investments will be permitted by this policy and aze those defined by state law: 3 253 • U.S. government obligations, U.S. government agency obligations, and U.S. government instrumentality obligations, that have a readily determinable market value; • Repurchase agreements whose underlying purchased securities consist of the foregoing; , • Certificates of deposit and other evidences of deposit at financial institutions; • Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities; and • The South Dakota Public Funds Investment Trust. (SD Fit) 2. Collateralization State Law(SDCL 4-6A) requires that deposits, including certificates of deposits, must be issued by banks insured by the FDIC, savings& loans associations insured by the FSLIC, and must be collateralized with a market value equal to at least 110%of the uninsured deposit. VII. Reporting 1. Methods. The city manager shall prepare an investment report at least quarterly, including a management summary that provides an analysis of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner that will allow the city council to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report will include the following: ' • Listing of individual securities held at the end of the reporting period with purchase date and maturity date. • Interest rate or yield to maturity. • Average yield to maturity of portfolio as compared to applicable benchrnarks. • Percentage of the total portfolio that each type of investment represents. 2. Performance Standards. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. Appropriate benchmarks shall be established against which portfolio performance sha11 be compared on a regular basis. Citv of Brookings -Administration of Investment Policy I. Dele�ation of Authority The authority to manage the investment policy for the City has been granted to the City Manager. The following are administrative procedures and guidelines established consistent with the policy and to meet the Policy objectives. II. Meeting Policv Objectives To meet the policy of safety, liquidity and yield,the following guidelines will be followed: 1. Credit Risk. The city will minimize credit risk,the risk of loss due to the failure of the security issuer or backer, by limiting investments to the safest types of securities with credit-worthy financial institutions and broker/dealers 2. Interest Rate Risk. The city will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates,by structuring the investments so that securities mature to meet cash requirements to avoid selling securities prior to maturity and investing operating funds in primarily shorter-term securities. 3. Liquidity will be Maintained. This is accomplished by structuring the portfolio so that securities mature concurrent with cash demands and placing a portion of the portfolio in interest bearing demand accounts, including money market and money market mutual funds or local government investment pools. 4. A Market Level will be Maintained. In general securities shall not be sold prior to maturity. However,this is not to preclude the sale of securities prior to maturity when such action will result in additional investment profits or the liquidity needs of the portfolio require the security be sold. 4 � � 54 5. Diversification is encouraged by: • avoiding over concentration in securities from a specific issuer or business sector, • limiting investment in securities that have higher credit risks, • investing in securities with varying maturities, and � • continuously investing a portion of the portfolio in readily available funds to ensure that appropriate liquidity is maintained. 6. Maximum Maturities. To the extent possible, the city shall attempt to match its Investments with anticipated cash flow requirements. Unless matched to a specific cash flow,the city will not directly invest in securities maturing more than five (5) years from the date of purchase. ' III. Ethics and Conflicts of Interest To assist in meeting the Standard of Care Objective the following guideline is established: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. IV. Internal Controls A system of internal control structure designed to ensure that the assets of the city are protected from loss, theft or misuse will be established. The internal control structure will be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that(1)the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. V. Selection of Investment Issuers To meet the Policy Objective of using Financial Institutions within the City of Brookings and maintain competitive rates,the following procedures will be utilized. 1. Issuers shall be selected by a competitive bidding system established by the city manager. The system will utilize modern technology to ease administrative costs when transferring funds from one investment to another. Eligible institutions will be notified of the amount and maturity dates necessary and award will be made to the institution offering the highest rate of interest,In the case of a tie, the funds will be split between the institutions if the splitting does not affect the rate. 2. In selecting from approved security broker/dealers for the purchase of United States government securities, competition shall be encouraged and purchases and sales will be made with dealers offering the most attractive prices. Ordinance No. 16-04—Budget Amendment. An introduction and first reading was held on Ordinance No. 16-04, an Ordinance Entitled"An Ordinance Authorizing A Supplemental Appropriation To The 2004 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. A motion was made Whaley, seconded by Reed,to approve first reading of Ordinance No. 16-04. All present voted yes,motion carried. Second reading scheduled for August 10, 2004. Draft Ordinance—Business Licenses. The Council reviewed a draft ordinance that would amending Articles I And II Of Chapter 26 Of The Code Of Ordinances Of The City Of Brookings To Establish The Licensing Of Businesses In The City Of Brookings, South Dakota. There was Council consensus to not proceed on this issue. No action was taken. Resolution No. 50-04—Plannin�/Zoning Fees. Action on Resolution No. 50-04, establishing new planning and zoning fees for the City of Brookings. A motion was made by Whaley, seconded by Roden, to approve Res. No. 50-04. All present voted yes,motion carried. RESOLUTION NO.50-04 A RESOLUTION REVISING CERTAIN PLANNING AND ZONING APPLICATION FEES OF THE CITY OF BROOKINGS,SOUTH DAKOTA. 5 2 � 5 BE IT RESOLVED that the planning and zoning application fees required under Section 66- 3 of Chapter 66 of the Code of Ordinances of the City of Brookings shall be revised as follows: 66-3(b)(1) Change ofZone $200.00 66-3(b)(2) Planned Development District $200.00 66-3(b)(3) Final Development Plan $60.00 . 66-3(b)(4) Major Amendment $200.00 66-3(b)(5) Minor Amendment $60.00 66-3(b)(6) Board of Adjustment $75.00 66-3(b)(7) Ptats: Preliminary $75.00+$1.00/lot over 20 lots or$1.00/acre over 1 acre Final $60.00 66-3(b)(8) Vacation $110.00 , 66-3(b)(9) I-1R Site Plan $75.00 66-3(b)(10) Conditional Use $125.00 66-3(b)(11) Zoning and Use Registration Permit $35.00 Citv Manager's Report. Alan Lanning reported that he will hire a professional recruitment firm for the Human Resources Director position at a cost of$12,000. Council Mgmbers Open Discussion. CM Roden said a SD Rural Development Council community assessment requires 2 teams of 5 individuals to facilitate the assessment. City bears the cost of ineals and lodging for the teams. Identification of a coordinator is needed. A 2005 first quarter assessment would be possible. She requested the Council review of this issue in a timely manner. Mayor Munsterman said the August 23rd Mayoral Summit in Sinai will host economic development speakers and all participating communities will be encouraged to invite their council members. CM Reed reported that the Hospital Board recently took action requesting clarification on the Board's authority. Executive Session. A motion was made by Reed, seconded by McClemans,to enter into executive session at 7:07 p.m. to prepare for contract negotiations and consultation with legal counsel present. Mayor Munsterman excused himself due to a personal conflict. Deputy Mayor presided over the meeting with the following present: City Council members Roden, Bezdichek, Whaley, Bozied, Reed, McClemans; Steve Britzman, City Attorney; Alan Lanning, City Manager; Rob Jones, Hospital Board President; and Shari Thornes, City Clerk. All present voted yes; motion carried. Jones left at 8:24 p.m. Munsterman returned at 8:25 p.m. A motion was made by Roden, seconded by Whaley,to leave executive session at 8:40 p.m. Adiourn. A motion was made by Roden, seconded by Whaley,to adjourn. All present voted yes; motion carried. Meeting adjourned at 8:40 p.m. Y OF ROOKINGS � . unsterman, Mayor AT �1;os o .s�. a��� •�'�o a= o � �'�''� ' � , Brookings ty Clerk ooas 6