HomeMy WebLinkAboutCCMinutes_2004_11_23 289
Brookings City Council
Tuesday, November 23, 2004
The Brookings City Council held an action meeting on Tuesday,November 23, 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
Administrative Assistant Bonnie Foster were also present.
Executive Session. A motion was made by Bozied, seconded by Bezdichek,to enter Executive
Session at 5:03 p.m. for purpose of consulting the legal counsel regarding contractual matters
with the Council, Manager, and Attorney present. A motion was made by Whaley, seconded by
Reed,to leave Executive Session at 5:29 p.m. All present voted yes; motion carried.
Consent Agenda. Action on an agreement with CDI was removed from the consent agenda. A
motion was made by Munsterman, seconded by Whaley to approve the consent agenda which
included:
1. Adoption of the agenda as amended;
2. Action on Resolution No. 71-04;
RESOLUTION NO.71-04
A Resolution in support of promoting the scenic byway along US Highway 14 from the
Minnesota/South Dakota Stateline to Iroquois,SD(historically known as the black and
yellow trail); and
WHEREAS,the City of Brookings and its residents recognize the importance of the promotion of
tourism within our�City and the surrounding areas;and
WHEREAS,being designated as a scenic byway will help to attract more travel and visitation to
our area;and
WHEREAS,the proposed scenic byway route would strengthen the link between the City of
Brookings and surrounding communities;and
NOW THEREFORE BE IT RESOLVED,that the City of Brookings does support and endorse tha .:
proposed scenic byway route.
3. Authorization for the City Manager to enter into an agreement with Banner and Associates
for architectural engineering services for design of the Family Aquatic Center.
On the consent agenda, all present voted yes; motion carried.
CDI A�reement. Alan Lanning, City Manager, requested Council authorization to enter into an
agreement with Civil Design Incorporated (CDI) for an engineering study and analysis of the
Brookings Downtown Utilities infrastructure. The Council requested further discussion and a
review of estimates at their Dec. 7`"planning session. A motion was made by Reed, seconded
by Bozied, to tabie discussion. All present voted yes; motion carried.
Resolution No 73-04—Clean Water State Revolvin�Fund. A public hearing was held on
Resolution No. 73-04, authorizing the City Manager to sign an application for the Clean Water
State Revolving Fund. All present were given an opportunity to be heard. No comments were
received. A motion was made by Roden, seconded by Reed, to approve Resolution No. 73-04.
All present voted yes; motion carried.
RESOLUTION NO. 73-04
AUTHORIZATION FOR THE CITY MANAGER
TO SIGN AN APPLICATION FOR THE CLEAN WATER STATE REVOLVING FUND
Whereas,the City of Brookings Landfill has a need for constructing Trench 2 West and a storm
water pond and;
Whereas,the City of Brookings is eligible to apply for funding from the Clean Water State
Revolving Loan and;
Whereas,the budget for 2005 indicates that this project is to be completed using a combination of
Solid Waste Funds and a loan of$475,000 from the Clean Water State Revolving Loan. The loan
would be at 2.5%for four years and;
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Whereas,the money for repayment of the loan will come from the Solid Waste Fund.
Therefore,Let lt Be It Resolved by the City of Brookings, South Dakota,that the City Manager be
Total Valuation Fees
$1.00- 1,200.00 $20.00
$10.00 for the first$500 plus$1.50 for each
$1,200.01 -2,000.00 additional$100 or fraction thereof,to and
including$2,000,for valuations in excess
of$1,100.
$32.50 for the first$2,000 plus$6.00 for
each
$2,000.01 -25,000.00 additional$1,000 or fraction thereof,to and
including$25,000.
$170.50 for the first$25,000 plus$4.50 for
$25,000.01 —50,000.00 each additiona]$1,000 or fraction thereof,
to and including$50,000.
$283.00 for the first$50,000 plus$3.00 for
$50,000.01 - 100,000.00 each additional$1,000 or fraction thereof,
to and including$100,000.
$100,000.01 and up $433.00 for the first$]00,000 plus$2.50 for
each additional$1,000 or fraction thereof.
authorized to sign an application and sign payment requests for a loan of$475,000 from the Clean
Water State Revolving Fund.
Ordinance 25-04—International Buildin�Code. Second reading was held on Ordinance No.
25-04, an Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of
Brookings and pertaining to the adoption of the 2003 International Building Code and the 2003
International Residential Code with certain amendments thereto. A motion was made by Reed,
seconded by Whaley, to approve Ordinance No. 25-04. All present voted yes; motion carried.
Resolution No. 69-04—Building Permit Fees. Action was taken on Resolution No. 69-04, a
Resolution revising certain building permit fees of the City of Brookings, South Dakota. A
motion was made by Whaley, seconded by Reed, to approve Resolution No. 69-04. All present
voted yes; except Bozied and McClemans voted no; motion passes.
RESOLUTION NO.69-04
A RESOLUTION REVISING CERTAIN BUILDING PERMIT FEES OF THE CITY OF
BROOKINGS,SOUTH DAKOTA.
BE IT RESOLVED that the building permit fees required under Section 22-35,Article II of
Chapter 22 of the Code of Ordinances of the City of Brookings shall be revised as follows:
Residential Building Permit Fees:
The base valuation to determine permit fees for residential buildings and additions are based on a
dollar per square foot schedule per the following. The bid price must be quoted for renovations or
remodels.
Dwellin s: Sin le-famil dwellin s,du lexes,townl�ouses:
Finished habitable space $60.00 per square foot
Finished basements $22.00 per square foot
Unfinished space(basement and upper levels) $18.00 per square foot
Attached garages $20.00 per square foot
Detached garages $18.00 per square foot
Building Permit Fee Schedule
Group R-3 and U Occupancies Only:
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Commercial Building Permit Fees:
Commercial Building Permit Fee Schedule
Groups A,B,E,F,H,I,M, S,Group R Division 1's and Division 2's(including Group U's
accessory to the R-1 and R-2 occupancies):
Total VaIuation Fees
$1 -700.00 $20.00
For values in excess of$700.00, $15.00 for the
$700.01 to 2,000.00 first$500.00,plus$2.00 for each additional
$100.00 or fraction thereof,to and including
$2,000.00
$45.00 for the first$2,000 plus$9.00 for each
$2,000.01 to 25,000.00 additional$1,000 or fraction thereof,to and
including$25,000.
$252.00 for the first$25,000 plus$6.50 for
$25,000.01 to 50,000.00 each additional$1,000 or fraction thereof,
to and including$50,000.
$414.50 for the frrst$50,000 plus$4.50 for
$50,000.01 to 100,000.00 each additional$1,000 or fraction thereof,
to and including$100,000.
$100,000.01 to 500,000.00 $639.50 for the first$100,000 plus$3.50 for
each additional$1,000 or fraction thereof,
to and including$500,000.00
$500,000.01 to 1,000,000.00 $2,039.50 for the first$500,000 plus$3.00 for
each additional$1,000 or fraction thereof,
to and including$1,000,000.00
$1,000,000.00 and up $3,539.50 for the first$1,000,000 plus$2.00 for
each additional$1,000 or fraction thereof
Other ins ections and Fees:
Other Ins ections and Fees:
Inspections outside normal business hours(minimum charge of one hour) $42.00 per
hour
Inspection for which no fee is specifically indicated(minimum charge of $42.00 per
1/2 hour) hour
Re-inspection fees assessed under provisions of Section R108 IRC and $42.00 per
]08 IBC hour
Driveway,demolition,window replacement and other minor construction $20.00 per
permit
Ordinance No. 24-04 —Buildin�in Public Right of Way. Second reading was held on
Ordinance No. 24-04, an Ordinance amending Section 74-32 of the Code of Ordinances of the
City of Brookings, South Dakota and pertaining to building upon the public right-of-way in the
City of Brookings, South Dakota. A motion was made by McClemans, seconded by Whaley, to
approve Ordinance No. 24-04. All present voted yes; motion carried.
Resolution No. 68-04—Buildin�in Public Right of Wav. A motion was made by
McClemans, seconded by Whaley, to approve Resolution No. 68-04, a Resolution establishing
certain criteria for building in the public right-of-way in the City of Brookings, South Dakota.
The Council reviewed each criteria and made revision suggestions. The following substitute
motions were presented:
• A motion made by Roden, seconded Bozied,to change No. 1 to state, "The applicant
shall explore other alternatives that might remove the need for the use of public
property." All present voted yes; except Reed voted no; Motion Carried.
• A motion was made by Munsterman, seconded by Reed,to amend No. 9 to replace the
word "While"with"If" and amend No. 4 to required $SOO,OOO liabiiity insurance. All
present voted yes, except Roden voted no, Motion Carried.
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• A motion was made by Roden, seconded by Bozied, to strike No. 9. Roden, McClemans
and Bozied voted yes; Bezdichek, Reed, Munsterman, and Whaley voted no; Motion
Failed.
• A motion was made by Roden, seconded by Bozied, to amend No. 4 by striking the proof
of insurance of$500,000 and substitute with the hold harmless clause. Roden, Reed,
McClemans and Bozied voted yes; Bezdichek, Munsterman, Whaley voted no. Motion
Carried.
• A motion was made by Roden, seconded by Bezdichek, to amend No. 6 stating that it be
no more than 35% width of current sidewalk. Roden and Bozied voted yes; Bezdichek,
Reed, McClemans, Munsterman, Whaley voted No. Motion Failed.
• A motion was made by Roden, seconded by Bozied, to amend No. 6 stating"not to
exceed distance of 36" or 30%". Roden, Bozied, Whaley and McClemans voted yes;
Bezdichek, Reed, Munsterman voted no; Motion Carried.
• A motion was made by McClemans, seconded by Whaley, to strike number 8.
McClemans, Roden, and Bozied voted yes; Bezdichek, Reed, Munsterman, Whaley voted
no; Motion Failed.
On the main motion as amended, all present voted yes; except Bozied voted no; motion passes.
RESOLUTION NO.68-04
A RESOLUTION ESTABLISHING CERTAIN CRITERIA FOR BUILDING 1N THE
PUBLIC RIGHT-OF-WAY
IN THE CITY OF BROOKINGS,SOUTH DAKOTA
WHEREAS,the City of Brookings has adopted Ordinance 24-04,amending Chapter 74 of the
Code of Ordinances of the City of Brookings to permit,in certain circumstances,building in the
public right-of-way;and
WHEREAS,the City of Brookings has determined the need for criteria if building in the public
right-of-way is permitted;and
WHEREAS,the criteria for building in the public right-of-way shall be the following:
1. The applicant shall explore other alternatives that might remove the need for the use of
public property.
2. Applicant is reGuired to have the property surveyed by a licensed land surveyor to
determine actual location of property lines.
3. Applicant shall apply for a pertnit and include an accurate site plan showing exact
location of the proposed structure and the severity of the intended encroachment into the
public right-of-way.
4. Applicant shall provide a proof of liability insurance policy with a hold harmless clause
for the life of the structure located in the public right-of-way.This requirement shall also
apply to succeeding owners,specifically indemnifying the City of Brookings from any
liability resulting from the construction and location of the structure in the public right-
of-way. Prior to transfer of property which includes a structure in the public right-of-
way,the seller shall notify the buyer of the liability policy requirement.
5. The encroachment must not diminish sight lines at any sidewalk and street intersection.
6. The encroachment into the public right-of-way will not be granted for more than 30%of
the width of the sidewalk measured from the properiy line to the back of curb of the
adjacent street. In no case shall the encroachment into public right-of-way exceed a
distance of 36 inches.
7. Said eneroachment in the public right-of-way shall be removed if the principal building is
removed or destroyed.
8. Materiais used to build the structure in the public right-of-way,as well as its height,
proportion,and scale,shall be architecturally compatible with the principal building and
adjacent buildings. The Brookings Historic Preservation Commission shall promptly
review of the architectural compatibility of the proposed structure and provide o�cial
comment to the City Council(City of Brookings Code of Ordinances Chapter 46, 10-97
(a)(b)).
9. lf the structure is not designed to be permanent in nature,it should be durable enough to
function properly in its intended service to the principal building.
10. The structure in the public right-of-way shall be attached to principal structure or have its
own frost footing.
11. Upon removal of the structure from the public right-of-way,the applicant shall reapply
for a new permit before building a new structure in the public right-of-way.
NOW,THEREFORE,BE IT RESOLVED that the criteria for building in the public right-of-way
set forth above is hereby approved.
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Ordinance No. 27-04—zonin�in floodwa�y district. First reading was held on Ordinance No.
27-04, an Ordinance amending the Zoning Ordinance pertaining to the f�oodway district,
setbacks in the business districts and access drives. A motion was madei by Whaley, seconded by
Bozied, to approve first reading of Ordinance No. 27-04. All present vc�ted yes; motion carried.
Public hearing is scheduled for December 14, 2004. �
I
Ordinance No. 26-04 —Temporarv Alcohol Licenses. Second readin was held on Ordinance
No. 26-04, an Ordinance amending Ordinance Section 6-43 and pertaini g to procedure for the
issuance of temporary on-sale alcoholic beverage licenses for use at a C nvention Hall in the
City of Brookings, South Dakota. A motion was made by Bozied, seco ded by Whaley, to
approve Ordinance No. 26-04. All present voted yes; inotion canied.
Resolution No. 74-04—Truck Chassis Purchase. A motion was mad by Roden, seconded by
Reed,to approve Resolution No. 74-04, authorizing the City Manager t sign an agreement to
purchase a truck chassis. All present voted yes; motion carried.
RESOLUTION NO.74-04
AUTHORIZiNG THE CITY MANAGER TO SIGN AN AGREEMEN TO PURCHASE A
TRUCK CHASSIS
WHEREAS,the City of Brookings Street Department has a need for a truck hassis for a gravel
truck and;
WHEREAS,Hutchinson County Highway Department,Olivet,SD has taken bids for purchasing a
truck chassis and;
WHEREAS,the cost of purchasing the truck chassis is$63,968.00;
NOW THEREFORE,LET IT BE RESOLVED that the City Manager be aut orized to sign said
purchase agreement and;
BE IT FURTHER RESOLVED,that the City of Brookings is authorized to urchase a 2005
Internationa17400 truck chassis off of the Hutchinson County bid.
Resolution No. 75-04—Truck Dumn Bodv Purchase. A motion was made by Whaley,
seconded by Reed,to approve Resolution No. 75-04, authorizing the C' y Manager to sign an
agreement to purchase a truck dump body. All present voted yes; moti n carried.
RESOLUTION NO.75-04
AUTHORIZING THE CITY MANAGER TO STGN AN AGREEMEN TO PURCHASE A
TRUCK DUMP BODY
WHEREAS,the City of Brookings Street Department has a need for a truck ump body for a
gravel truck and;
WHEREAS,Hutchinson County,Olivet, SD has taken bids for purchasing truck dump body
and;
WHEREAS,the cost of purchasing the truck dump body is$15,848.00;
NOW THEREFORE,LET IT BE RESOLVED that the City Manager be au horized to sign said
purchase agreement and;
BE IT FURTHER RESOLVED,that the City of Brookings is authorized to urchase a Crysteel
Tipper 15' dump body off of the Hutchinson County bid.
Leadershin Team Renorts. Munsterman asked if the Engineering D pt. is planning to conduct
a traffic count on Front Street.
Council Member Open Discussion:
• Roden inquired about the status of the Event Center operating greement. The agreement
is currently under staff review and will then be presented to the respective boards.
• Munsterman recently met with local Mayors to present and sho ed the Economic
Development Model. He challenged them to a match of$50,0 0 with the understanding
that Brookings would share some engineering services with th (i.e. code enforcement,
nuisance codes).
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Executive Session. A rnotion was made by Bozied, seconded by Reed,to enter Executive Session
at 8:13 p.m. to consult with legal counsel regarding contractual matters with the Council, Manager,
Attorney and Clerk present. A motion was made by Reed, seconded by Whaley,to leave
Executive Session at 8:28 p.m. All present voted yes; motion carried.
Adiourn. A motion was made by Reed, seconded by McClemans, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:43 p.m.
CITY OF BROOKINGS
co t D. Munsterman, Mayor
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