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HomeMy WebLinkAboutCCMinutes_2004_10_26 278 Brookings City Council Tuesday, October 26, 2004 Action Meetin�. The Brookings City Council held an action meeting on Tuesday, October 26, 2004 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. Executive Session. A motion was made by Bozied, seconded by Reed,to enter into Executive Session to discuss pricing and marketing strategies at 5:00 p.m. with the City Council, City Manager, City Attorney, City Clerk, Brookings Municipal Utilities Board Members (Myers, Doherty, Lamberton), and BMU staff(Osvog and Meyer)present. All present voted yes; motion carried. A motion was made by Roden, seconded by Whaley,to exit Executive Session at 5:33 p.m. All present voted yes; motion carried. Consent A�enda. An executive session to consult with counsel on pending legal issues was added to the agenda and action on bids was removed from the consent agenda. A motion was made by Reed, seconded by McClemans, to approve the consent agenda which included: 1. Adoption of the agenda as amended, and 2. Action to cancel the November 2"d Council meeting and hold a special meeting on November 16, 2004. All members present voted yes;motion approved. Bids—Citv Hall Remodel. A motion was made by Roden, seconded by Whaley, to award the bid for the Brookings City Hall Reception Area and Office Remodel Project to Clark Drew Construction from Brookings for$33,500 plus a hallway light fixture allowance of$200 each for up to 15 hallway lights. No other bids were received. All present voted yes; motion carried. Brookin�s Committee for Peonle who have Disabilities Report. Kurt Cogswell, Committee Chair,reported the Committee is working on National Disability Employment Awareness Month activities that included a feature article related to disability employment, making presentations to local employers, and soliciting nominees for the annual Governor's Awards. Ongoing and completed projects include the ABLE Awards, the ADA anniversary celebration, distribution of employment success booklets, promotion of new committees in neighboring community, participation in the streetscape design project and providing input on the old city hall project. No action was taken. Brookin�s Municinal Utilities Presentation. BMU staff provided an overview of their marketing campaign and 2005 capital improvement plan. No action was taken. Resolution No. 65-04—Western Avenue Street Assessment. A public hearing was held on Resolution No. 65-04, a hearing assessment roll for street assessment project No. 2003-02STA (Western Ave. & 8th St. So.). Dave Dininger expressed concern regarding the quality of the reseeding,reinstallation of his survey pins, and the 10% interest rate charged by the city. The City Engineer responded that the axea was seeded twice meeting contract specifications. In addition,the City Park crew will top-dress the area. The Engineer will investigate the survey pins status. The City has charged a 10% interest for several years. Staff will research if the percentage is statutory. Howard Treseder requested sidewalks not be required behind the town homes. A motion was made by Bozied, seconded by Roden,to approve Resolution No. 65-04. All present voted yes; motion carried. RESOLUTION 65-04 LEVYING ASSESSMENT FOR STREET ASSESSMENT PROJECT NO.2003-02STA WHEREAS, The City Council has provided for the following work to be completed under Project No.2003-02STA. (Western Avenue and 8`h Street South) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota,as follows: 1. The City Council has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the street improvement heretofore designated as Street Assessment Project No.2003-02STA is the amount stated in the proposed assessment roll. 279 2. The assessment for Street Assessment Project No.2003-02STA is hereby approved and the assessment thereby specified are levied against each and every lot,piece or parcel of land thereby described. 3. The assessment shall be divided into ten(10)equal annual installments for streets. 4. Such assessments,unless paid within thirty(30)days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to 9-43-51, South Dakota Compiled Laws of 1967,as amended. 5. Interest of ten(10)percent per annum shall accrue on the unpaid balance of the assessment. Ordinance No. 22-04 —Rezonin�. Introduction and first reading was held on Ordinance No. 22-04, a petition to rezone Outlot B in the NW '/a, SW '/a of Section 20-T110N-R49W from an Agricultural A District to an Industrial I-1 Light District(1124 34th Ave.). A motion was made by Roden, seconded by McClemans,to approve first reading of Ordinance No. 22-04. All present voted yes; motion carried. Second reading scheduled for November 9, 2004. Ordinance No. 23-04 —Conditional Use. Introduction and first reading was held on Ordinance No. 23-04, a conditional use to establish a major home occupation (transmission shop) on Lot 6, Block 12, Parkdale Home Assoc. Third Addition (901 lst Ave.). A motion was made by Roden, seconded by Whaley,to approve first reading of Ordinance No. 23-04. All present voted yes; motion carried. Second reading scheduled for November 9, 2004. Dakota Pub Oneratin�A�reement. Alan Lanning, City Manager, said the city learned new information in the last 2 to 3 weeks regarding Dakota Pub's ownership status. On October 12, 2004, the Council took action to rediscuss this operating agreement. He said the agreement has not been completed or signed at this date. A motion was made bv Bozied, seconded bv Whalev, [o withdraw the offer for lhe operatin� a�reement for the Dakota Pub. Discussion: Rich Helsper, attorney representing Delwin Miller, said his client is in the process of purchasing the business. Steve Britzman, City Attorney, clarified that the city is the owner of all operating agreements and transfer of any agreement must be approved by the Council. In this case;however, no agreement has been signed and therefore a transfer isn't allowable. The new owner would be considered a new applicant. On the motion, all nresent voted ves; motion carried. Old Citv HalUFire Hall Recommendation. Donna Ramsay, owner of 310 4th Street, was recently denied a building permit for the deck and steps constructed on the east side of the property because it intrudes into the public right-of-way. On October 12, 2004,the Council instructed the City Manager to investigate options to be reviewed at the October 26�'meeting. The October 15th deadline to remove the structure was extended. Alan Lanning, City Manager, said city staff researched the issue and found that Sections 74-102 and 74-103 of the City Code of Ordinances authorizes the city engineer to permit encroachment into the public right-of-way in the B-1 zone. However, if the Council chooses to approve an ordinance change,he recommended a process be developed to include criteria. Criteria could include design standards, size limits, duration of time, and indemnification of the city from liability issues. Staff has also determined that those sections of the Code are in direct conflict with the Uniform Building Code Section 34. The City Attorney advised that the Code takes precedence over the building code. All encroachments into the public right-of-way should be avoided and all other remedies would have to be exhausted before an encroachment would be considered. The Council must establish criteria if they choose to move forward with this process. If private remedies exist,the city's position will be to not grant an encroachment. Lanning noted that cost and inconvenience would not be considerations. Roden noted that there are already public right-of-way encroachments downtown(i.e. planters, benches, sandwich boards). She felt this was an accessibility issue. Bozied asked if the city was liable if something happened with an encroachment. Yes, however, primary risk lies with the party that creates the hazard. A motion was made by Munsterman,seconded bv Reed, to instruct the citv manaFer and staff to deTne approval criteria in rePards to encroachments in the public ri�ht-of wav. 280 Discussion: • McClemans asked if a wood deck and steps were appropriate materials in the B-1 zone. There isn't a stipulation on materials. • Bozied asked if the request had been to replace the original semi-circular steps, would the Council be having this discussion? The permit would also have been denied because the steps would encroach into the right-of-way. • Ramsay cited and clarified points in a letter dated October 12, 2004, from the Brookings Committee for People with Disabilities. She clarified that this was a rehabilitation not restoration project and does not have to be returned to precise historical accuracy. 5he asked for a building permit so the building that was the former city hall would have a fire egress door (which is required by code) and be universally accessible to any person,just as any other business place must be made. As an historic building that has undergone serious renovation, it must now meet and can meet the requirements of the Americans with Disabilities Act(ADA). A 60 inch turning radius is required per ADA in front of the diagonal doorway which requires the platform structure. She noted that are no steps going onto the public right-of-way. On the motion, all present voted ves; motion carried. Staff will present a proposal at the November 9t council meeting. Resolution No 66-04 —Budget Amendment for Swiftel Center. A motion was made by Whaley, seconded by Reed,to approve Resolution No. 66-04, a resolution amending the 2004 budget for a Swiftel Center funding request. All present voted yes; motion carried. RESOLUTION NO. 66-04 A RESOLUTION AMENDING THE 2004 BUDGET Whereas,There Is A Need To Adjust The Budget To Respond To The Actual Revenues And Expenditures In Fiscal Year 2004,And Now,Therefore,Be It Resolved By The City Council That The City Manager Be Authorized To Make The Following Budget Adjustments To The 2004 Previously Amended Budget: Budget Amendment#3,2004 Budget Budget Line Department Adjustment General Fund Non-Departmental Revenues ]01000466100 Investment Income $ 37,000 Total Change $ 37.000 General Fund Non-Departmental Expenses 101405585697 City Manager Contingency $ (13,000) General Fund Appropriations/Subsidies 10495585658 Subsidy-Swiftel $ 50,000 Total Change � 37 000 NOW,THEREFORE,BE IT RESOLVED that the 2004 Budget is amended as described above. Quarterlv Financial Renort. Rita Thompson,Finance Manager,reviewed the quarterly financial reports. No action was taken. Citv Manager's Renort. Lanning said the city does not receive detailed enough reporting from the state to adequately forecast our local sales tax revenue. He has contacted state and league officials regaxding proposed reporting changes. The State has cited problems with confidentiality. Council Members Onen Discussion. • Airport- CM Bezdichek asked what incentives are used to relocate geese and other fowl from the municipal airport. He asked if the Mesa Air specials to Omaha were still in effect. • RV Pads—Bezdichek asked if the 32 RV pads at the Swiftel Center would be done this � fall. � • Fund Transfers—Bezdichek questioned funds that were recently transferred from the hospital to the multidistrict. • Senior Citizen Center—Bezdichek was concerned that the Senior Citizen Center is turning away revenue by not allowing dances and receptions in the facility. 28I • Sales Tax Reporting- CM Roden requested the tax reporting issue be added to the agenda with the state legislators. • Encroachment Issue - CM Bozied asked about the timeliness of staff response on the encroachment issue. • Insurance Bidding—Bozied also questioned the status of the insurance bidding process. Packets were sent out to numerous firms including some local for bidding. The manager selected firms that would be able to meet the city's needs. • Swiftel Center Road- CM Whaley asked if the road by the Swiftel Center would be done before winter. • Z"d Penny—Streetscape - CM Reed recommended the reference to the $700,000 streetscape project be removed from the second penny projections until a vote is taken. • Street Project- CM McClemans asked if the 8th Street and Western Avenue curb and gutter project was paid far through street assessment fund. Yes. • Larson Ice Center Parking Lot-McClemans was concerned that the northeast corner of the Larson Ice Center parking lot only had one lift of asphalt noting damage and drainage problems and requested information on funding. • Insurance Bidding Process -Mayor Munsterman asked if the Howalt-McDowall firm would be bidding the city's insurance renewals and expressed concern regarding the perception of a conflict. • Invite -Munsterman invited the Council to the first Senior Citizen at the new location on November lst at 7:00 p.m. • New Sidewalk Requirement- There was agreement among the Council to not discuss and not change the requirement for sidewalks in new developments. � Special Council Meeting- The Mayor requested a special Council workshop on economic development in November to discuss the components of an economically development model. Potential dates axe November 17 or 18. • Street Assessment Rate -It was clarified that the interest rate on assessments is defined by statute but could be changed. The Council agreed to leave it at ten(10)percent. � New or Unused Liquor Operating Agreements - A motion was made by Munsterman, seconded by Reed,to revisit the operating agreement in 12 months but take updates on incoming applications. If the council would like to take it up sooner, it would be at their discretion. At the 12 month time or sooner it would be opened up for competitive applications by council vote only. All present voted yes; Roden voted no; motion carried. Munsterman left the meeting at 8:39 p.m. Executive Session. A motion was made by Bozied, seconded by Reed,to enter into Executive Session to consult with Iegal counsel regarding pending legal matters at 8:39 p.m. with the City Council, City Manager and City Attorney present. All present voted yes; motion carried. A motion was made by Roden, seconded by Whaley, to exit Executive Session at 9:15 p.m. All present voted yes; motion carried. Adiourn. A motion was made by Bozied, seconded by Reed,to adjourn. All present voted yes; motion carried. Meeting adjourned at 9:15 p.m. Ci rookings . Munsterman, Mayor 7��i��O y S �� .�..:�C "�r p S '_/l�C'' S ��� " ornes, Brookings ty Clerk