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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 � 39 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 340 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. rty ro cings �o�,,..��roF Sc unsterman,Mayor y=� �mp� ��Ts:z soG y� ry A ��!/ ' Shari Thornes, Brookings City Clerk