HomeMy WebLinkAboutCCMinutes_2005_03_08 338
Brookings City Council
March 8, 2005
The Brookings City Council held an action meeting on Tuesday, March 8, 2005 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, and Doris Roden. Mike McClemans was absent.
City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
Consent Agenda. A motion was made by Bozied, seconded by Whaley, to approve the consent agend
which included:
1. Adoption of the agenda;
2. Action on Resolution No. 19-05, an agreement for Purchase of a Landfill Compactor for the
Solid Waste Fund(Other bids received were Sheehan Mack for$427,093).
RESOLUTION NO. 19-05
AGREEMENT FOR PURCHASE OF A LANDFILL COMPACTOR FOR THE SOLID
WASTE FUND
WHEREAS,the City of Brookings Solid Waste Department has a need for a Landfill Compactor
to assist in extending the life of the landfill;and
WHEREAS,the City of Brookings would purchase off the City of Watertown bid proposal.
NOW,THEREFORE,BE IT RESOLVED,by the City of Brookings,South Dakota,that the City
Manager be authorized to sign an agreement to purchase an AL-JON SOOJ3 Landfill Compactor
for the amount of$396,427.00.
Human Resources Director. Donna Langland was introduced to the Council as the new Human
Resources Director for the city.
Board of Equaliation. Joyce Dragseth, Director of Equalization,provided a briefing for the 2005
Equalization hearings. No action was taken.
Ordinance No. 06-OS—International Buildin�Code. A motion was made by Reed, seconded by
Bozied,to approve first reading of Ordinance No. 06-05, an Ordinance amending the 2003 Internation
Building Code, Chapter 9. All present voted yes; motion carried. Second reading is March 22°a
Ordinance No. 07-OS—Rezoning. A motion was made by Whaley, seconded by Reed,to approve
first reading of Ordinance No. 07-05, an Ordinance to rezone the E210 feet of Lot 1,Block 1,Avery's
Addition and Lots 1-4, Block 1, Gentle's Addition from a Business B-2A District and B-4 District to a
Residence R-2 District(Hillcrest Aquatic Center). All present voted yes; motion carried. Public hearing
is Maroh 22nd
Ordinance No. 05-OS—Citv Ordinance Revision. A motion was made by Roden, seconded by
Whaley, to approve Ordinance No. OS-O5, an Ordinance amending Chapter 82 of the Revised
Ordinances of the City of Brookings and pertaining to One-Way Streets and Alleys. All present were
given an opportunity to be heard. All present voted yes; motion carried.
Bids-Resolution No.20-OS—RV Proiect. A motion was made by Bozied, seconded by Whaley,to
approve Resolution No. 20-05, awarding bids for the Swiftel Center 2005-02 RV Project. All present
voted yes; motion carried.
RESOLUTION NO. 20-05
AWARDING BIDS ON PROJECT 2005-02 RV PROJECT—UTILITIES
CONSTRUCTION
Whereas,the City af Brookings has received the following bids for Project
2005-02 RV Project—Utilities Construction.
Base Bid Prussman Contracting $53,042.66
Alternate Bid#1 Prussman Contracting $5,664.59
Alternate Bid#2 Prussman Contracting $ 11,890.18
Alternate Bid#3 Prussman Contracting $2,754.00
Now Therefore,Be It Resolved that the low bid of Prussman Contracting for$53,042.66 for the
Base Bid be accepted.
Citv Council Ex-officio A�aointments. A motion was made Bozied, seconded by Reed,to
make the following City Council Ex-Officio appointments: Hospital Board: Julie Whaley and
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Tom Bozied; Event Center Board: Mike McClemans and Tom Bezdichek; and Brookings
Municipal Utilities Board: Tim Reed and Scott Munsterman.
Discussion:
Roden asked why make appointments at the end of a term rather than at the beginning? She
recommended waiting until May when the new administration is in place. She also wants to
continue to be active through the end of her term, noting that she isn't being appointed to any
board. Munsterman said it was a matter of timing. The Utility Board wants to do some special
planning and doesn't want to wait until May.
Roden commented that the ex-officios are there as liaisons and not voters. They serve only to
report back to the Council. Munsterman said the longer anyone stays on a board,the more likely
they are to become an advocate of that board. Two months shouldn't make a difference.
Bezdichek said (appointment of advocates) should be our timing, not the boards. It has been his
experience when a new group elected there is due process and people are assigned to different
boards during their first meeting. He didn't understand the rationale of the BMLJ and Hospital
Board. Ex-officios are there to be advised of proceedings of a board. What impact would ex-
officios, because of timing, have anything to do with it? Munsterman said BMU is on a
timeline needing to study their future right now and can not wait. The Council discussed the
need to change ex-officios over a year ago. Why not chose a time that works for the boaxds?
He is also trying to address continuity.
Bozied said he had some questions about timing, but with the Utilities,the Council has decided
to participate in their planning discussions and it makes sense to make the switch before that
starts. He noted that he may not be elected and would be done in 45 days. He would not want to
get into a heavy time commitment(BMU planning) and make a switch after that.
Whaley thought a change now would be a good thing for transition. Bezdichek noted that the
appointment recommendations would provide continuity on the Hospital Board and Event Center
Board,but none on BMU. Whaley said BMU has issues that the Mayor should be involved in
and it is his choice to include Reed.
Bezdichek spoke with the City Attorney regarding noncompliance with city ordinances with
respect to the ex-officio appointments. All enabling documents cite one member of the Council
as an ex-officio, yet two members are appointed and attend meetings including executive
sessions. Britzman said a board chair controls the meeting including who attends. They would
invite whoever is appropriate to participate in executive sessions. Only one council member is
recognized and the other is considered an invited guest.
Bezdichek said as elected by the people as a Council member, it is his time and his right to have
some request in which board he sits on,noting that he has asked twice to serve on the Hospital
Board. He said he was interested in knowing what authority the Mayor had to not take any input
from him and decide on behalf of Council where to place him. He said the Mayor had done
nothing to collaborate or use his expertise in the process. Munsterman said he didn't ask anyone
about their preferences because this was an issue of timing. He suggested that if Bezdichek
didn't want to a team player, he could opt of from serving as an ex-officio. Bezdichek said he
was a team player and resented being told what to do and where to go.
Britzman said appoint�nents aze subject to discussion by the Council and that this was a healthy
discussion. Any Council member has the right to make suggestions or modifications.
Roden said she felt strongly that the appointments commence in May. A motion was made by
Roden, seconded by Bezdichek, to table action until the first action meeting in May. Bezdichek
and Roden voted yes; Bozied, Reed,Munsterman, Whaley voted no; motion failed.
On the original motion, Bozied, Reed, Munsterman, Whaiey voted yes; Bezdichek and Roden
voted no; motion carried.
Council Onen Discussion.
Bezdichek cited Section 2.01—General Powers and Duties of the Brookings City Charter,
"....The Council shall act as a part-time, policy making and legislative body, avoiding
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management and administrative issues which are hereafter assigned to a City Manager,"and
suggested the Council should move more in this direction rather than micromanagement. He
cited a few examples for discussion.
Roden noted that Siou�c Falls is considering a raise in their hotel tax. She asked why Brookings
was different than Sioux Fa11s on this issue. Britzman said Sioux Falls needs legislative
authority to raise that t�. Sio� Falls had imposed an additional one cent sales tax on hotel
rooms in their interpretation of Home Rule. The Legislature now specifically prohibits that type
of action.
Whaley commended Ron Waltz for his work as Interim Administrator of the Brookings Hospital
and Brookview Manor.
Reed requested the Council review the entire second penny process and reporting methods.
Lanning said it is best not to separate the 25��°and 75% funds. He noted a significant difference
between designating expenditures and restricting funds. Restricting funds hampers the ability to
be flexible. This item was scheduled for the May planning session.
Adiourn. A motion was made by Reed, seconded by Bozied,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:25 p.m.
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Shari Thornes, Brookings City Clerk