HomeMy WebLinkAboutCCMinutes_2005_08_23 442
Brookings City Council
August 23, 2005
Badget Session. The Brookings City Council held a Budget Session on the 2006 Budget on
Tuesday, August 23, 2005 at 3:30 p.m., at City Hall with the following members present: Mayor
Scott Munsterman, Council Members Tom Bezdichek, Michael Bartley,Julie Whaley, Ginger
Thomson(arrived at 4:45 p.m.), and Michael Reitz. Tim Reed was absent. City Manager Alan
Lanning and City Clerk Shari Thornes were also present.
Action Meeting. The Brookings City Council held an action meeting on Tuesday,August 23, 2005
at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council
Members Tom Bezdichek, Michael Bartley, Julie Whaley, Ginger Thomson, and Michael Reitz.
Tim Reed was absent. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk
Shari Thornes were also present.
Consent Agenda. Action to approve Council minutes was removed from the agenda. An executive
session regarding litigation and action to set a special election date (13A) were added to the agenda.
A motion was made by Whaley, seconded by Reitz,to approve the consent agenda which included:
A. Adoption of the agenda as amended.
� B. Action on revised City Council Meeting Schedule for 2005. 9/6; 9/13; 9/27; 10/11;
10/25; 11/8; 11/22; 12/13; and 12/20.
C. Action on Resolution No. 67-05,Designation of the National Incident Management
System (NIMS) As The Basis For All Incident Management In The City Of
Brookings, South Dakota.
RESOLUTION NO.67-OS
DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM(NIMS)AS
THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF BROOKINGS,
SOUTH DAKOTA
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota(the"City"),as
follows:
WHEREAS,the President in Homeland Security Presidential Directive(HSPD)-5,directed the
Secretary of the Department of Homeland Security to develop and administer a National Incident
Management System(NIMS),which would provide a consistent nationwide approach for Federal,
State,local,and tribal governments to work together more effectively and efficiently to prevent,
prepare for,respond to and recover from domestic incidents,regardless of cause,size or
complexity;and
WHEREAS,the collective input and guidance from all Federal,State,local,tribal,and non-
governmental organization homeland security partners has been,and will continue to be,vital to
the development,effective implementation and utilization of a comprehensive NIMS;and
WHEREAS,it is necessary and desirable that all Federal,State,local,tribal,and non-governmental
organization emergency agencies and personnel coordinate their efforts to effectively and
- efficiently provide the highest levels of incident management;and
WHEREAS,to facilitate the most efficient and effective incident management it is critical that
Federal,State,local,tribal,and non-governmental organizations utilize standardized terminology,
standardized organizational structures,interoperable communications,consolidated action plans,
unified command structures,uniform personnel qualification standards,uniform standards for
planning,training,and exercising,comprehensive resource management,and designated incident
facilities during emergencies or disasters;and
WHEREAS,the NIMS standardized procedures for managing personnel,communications,
facilities and resources will improve the City's ability to utilize federal funding to enhance local
and state agency readiness,maintain first responder safety,and streamline incident management
processes;and
WHEREAS,the Incident Command System components of NIMS are already an integral part of
various incident management activities throughout the City,County and State,including fire
service certification programs and current emergency management training programs;and
WHEREAS,the National Commission on Terrorist Attacks(9-11 Commission)recommended
adoption of a standardized Incident Command System;and
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WHEREAS,adoption and implementation of the National Incident Management System is a
condition of receiving Federal preparedness assistance;and
WI�EREAS,the City of Brookings is committed to NIMS implementation and the strengthening of
local government to prevent,prepare for,respond to,and recover from emergencies and disasters.
NOW THEREFORE,the City of Brookings does hereby establish the National Incident
Management System(NIMS)and NIMS ICS as the standard for incident management.
D. Action on Resolution No. 68-05, a final change order for 2005-06STI, Schedule A.
RESOLUTION NO.68-OS
A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(C�O#1 FINAL)FOR 2005-
06STI,STREET MAINTENANCE AND OVERLAY PROJECT SCHEDULE A(CHIP
SEAL):
The Road Guy Construction Company,Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for 2005-
06STI: Street Maintenance and Overlay Project,Schedule A(Chip Seal): Construction Change
Order Number 1 Final. Adjust estimated quantities as"as build"for a total decrease of
$12,281.35.
E. Action to approve a revised Preliminary Plat for a portion of Blocks 9 and 10,
Bluegill Addition (17th Avenue South and 22nd Street South).
F. Action on Resolution No. 70-05,authorizing the City Manager to sign a Fire
Suppression Agreement with the SD Department of Agriculture.
RESOLUTION NO.70-05
RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK OF THE
CITY OF BROOKINGS,SOUTH DAKOTA TO SIGN FII2E SUPPRESSION
AGREEMENT WITH THE STATE OF SOUTH DAKOTA.
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota(the"City"),as
follows:
The City Manager and City Clerk of the City of Brookings are hereby authorized to sign that
certain Fire Suppression Agreement between the State of South Dakota,by and through the South
Dakota Department of Agriculture,Wildland Fire Division,and the City of Brookings,South
Dakota,and
This Resolution shall constitute Proof of Authority of the City Manager and City Clerk of the City
of Brookings to sign the above-described Agreement on behalf of the City of Brookings,South
Dakota.
G. Action on Resolution No. 71-05,Authorizing Mayor to Sign an Agreement for
Federal Aviation Administration Project No. AC0005-2006.
RESOLUTION NO.71-OS
RESOLUTION AUTHORIZING MAYOR TO SIGN AN AGREEMENT FOR
FEDERAL AVIATION ADMINISTRATION PROJECT PROJECT NO.AC0005-2006
WHEREAS, the City of Brookings desires funding for the equipment and labor to repair the
existing fueling system at the Brookings Municipal Airport;and
WHEREAS, The State of South Dakota Department of Transportation Office of Aeronautics has
approved the use of allocated fuel tax funds for this project;and
WHEREAS, the Federal Aviation Administration is hereby requested to authorize Project No.
AC0005-2006 in accordance with the approved state financial assistance agreement.
NOW,THEREFORE,BE RESOLVED,that the Mayor is hereby authorized to sign all documents
related to an agreement for the Federal Aviation Administration Project No.AC0005-2006.
All present voted yes; motion carried.
Officer Reco�nition. Brookings Police Officers David Gibson and Arlo Jurrens were each
awarded a Commendation Medal for Life Saving Actions.
Ordinance No. 26-OS—Utilitv Board Ex Officio Member. A motion was made by Bartley,
seconded by Reitz, to approve Ordinance No. 26-05, an Ordinance Amending Section 86-43 of the
Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Position of Ex
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Officio Member of the Utility Board of the City of Brookings, South Dakota. All present voted yes;
except Munsterman and Whaley voted no; motion carried.
Ordinance No. 27-05—Hosnital Board of Trustees Ex Officio Member. A motion was made by
Bartley, seconded by Thomson, to approve Ordinance No. 27-05, an ordinance Amending Section
42-94 Of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the
Position of Ex Officio Member of the Hospital Board of Trustees of the City of Brookings, South
Dakota. All present voted yes; except Munsterman and Whaley voted no; motion carried.
Ordinance No. 25-OS—Airport Zonin�. A motion was made by Bartley, seconded by Reitz, to
approve Ordinance No. 25-05, an ordinance amending the Brookings Airport Zoning Ordinance.
Discussion: City staff recommended denial of the ordinance. Lanning said this began as a formal
zoning action as a FAA requirement. However, over the last couple months Senators Thune and
Johnson met with city manager and mayor to facilitate a meeting with the FAA. Based on that
meeting there may be an opportunity to formulate new options for the airport that will not require a
formal zoning in this district. All present voted no; MOTION FAILED.
Ordinance No. 13-OS—Parkin�. A motion was made by Reitz, seconded by T'homson,to approve
Ordinance No. 13-05, an ordinance amending Chapter 82 to the Code of Ordinances pertaining to
parking in streets.
Discussion: Leon Pesall referenced his recent letter in the newspaper on the topic. He claimed the
city treats areas of town differently in enforcement. He noted the lot size and access differences
throughout town. .
Lewayne Erickson urged the Councid to adopt the ordinance. He said the streets are for safe
passage, not for storing horse trailers, boats and other toys. He has owned a boat for 30 years and
has never parked it in the street. Anyone who can afford to have these items can also afford to store
them properly. Leaving them out at night is the worst time. He said the city had an ordinance 30
years ago and doesn't know why it was taken off the books.
Charles Kuchenmeister asked the meaning of the phrase "actively working. " Ciry Attorney Steve
Britzman said actively working would pertain to a current construction project in which a contractor
has been hired to work in a residential area and it may take several weeks to get a project done.
That contractor may store tools in a trailer onsite. Kuchenmeister questioned if that pertained to
contractors only and how would actively working be determined.
Police Chief Tim Tompkins sa�d police officers widl examine each issue on a case-by-case basis.
Munsterman questioned the interpretation. Lanning said there is officer discretion all the time.
O�cers use discretion every day for anyone going over a posted speed limit. They make an
interpretation and use officer discretion based on training and knowledge of the town to determine if
someone is actively working.
Gary Aguiar said citizens woudd like a clearer explanation. Coudd they call police ahead if they
have a question? It is an unfair burden on the citizens for the police to interpret after the fact.
Mike Kuchenmeister complained of unequal enforcement of ciry laws by the police department. He
has video taped police officers ticketing certain vehicles and a week later the same vehicles aren't
ticketed.
Jessie Kuchenmeister asked if the police department had statistics on the number of accidents from
trailers. No.
Public hearing was closed.
Council Discussion. Bezdichek asked how this ordinance would improve on the existing ordinance.
Tompkins said the most significant difference is that officers will be able to enforce the ordnance on
site. The focus is to get the trailers off the street, not write more tickets. He recently drove town and
counted 107 campers,trailers,boats that would be prohibited under this ordinance. Of those 107, 18
construction trailers were actively engaged in housing projects. This is not about writing tickets; it is
to get the trailers off the street. He said he should have researched the statistics,but do we want to
wait for accident to happen to enact an ordinance.
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Bezdichek noted the present ordinance is 72 hours. What advantage is there going to 48, 24, 12
hours? Tompkins said the street is a dumping ground for these vehicles in the summertime. The
intent is not to preclude a construction project or ticket a motor home owner who gets in late at
night. This is targeted at those vehicles left out for the entire summer and never moved. This cleans
it up from a law enforcement perspective.
Whaley expressed concern over heavy construction dumpsters parked in the street,boats parked
backwards on the wrong side,parking in front of utility poles, and other safety issues.
Reitz said he likes having cars parked on both sides of the street because it slows down the traffic.
If there was nothing parked on the street cars would go 35 mph.
Bartley said this issue highlights the need that we need to be considerate of our neighbors. No
ordinance will do that. Violations are issued on a complaint basis and we can be more diligent.
This should be a wakeup ca11 about our personal habits and how we use our streets. The streets are
not for storage.
Thomson agreed that we should keep streets safe, use common sense,be responsible for our own
vehicles, and think about how it could endanger children or others driving on the streets. We don't
need a stricter ordinance; we do need to be aware that this is a problem and respect the ordinance we
have.
On the motion present voted NO; MOTION FAILED.
Ordinance No. 28-05—Exemutions to Municival Sales & Service& Use Tax A motion was
made by Whaley, seconded by Reitz,to approve Ordinance No. 28-05, an ordinance repealing
Section 78-34 of the Code of Ordinances and the City of Brookings, South Dakota.and pertaining to
the Municipal Sales and Service and Use Ta�c of the City of Brookings, South Dakota. All present
voted yes; motion carried. .
Ordinance No. 29-05—RezoninE. A motion was made by Whaley, seconded by Thomson,
to approve.Ordinance No. 29-05, an ordinance rezoning Lots 1 and 2, Block 2; Lots 1 and 2,
Block 3; and Block 4, Fishback Second Addition from a Business RB-4 District to a Business
B-2 District(Trail Ridge Road and Main Avenue South). All present were given an
opportunity to be heard. All present voted yes;motion carried.
Ordinance No.30-OS—Rezoning. A motion was made by Reitz, seconded by Whaley,to
approve Ordinance No. 30-05, an ordinance rezoning the W255', E540' N175', 5375' of Lot
2, Block 5, Bidco Addition from an Industrial I-2 District to a Business B-3 District(2nd
Street South by the Airport). All present were given the opportunity to be heard. All present
voted yes;motion carried.
Special Election. A motion was made by Bartley, seconded by Thomson,to set a special election
date for September 27, 2005 for referred Resolution No. 61-OS and Ordinance No. 22-05. All
present voted yes; motion carried.
Council Member Onen Discussion.
Munsterman recently met with the Executive Director of the Sll High School Activities Assoc.
regarding larger communities subsidizing their portion of the rent, saving the school districts
$100,000 per year with those savings returned to the districts.
The Research Park group is currently working on the business plan.
He met with Senators Thune and Johnson on the Airport Master Plan.
He asked if the city could publish the proposed city budget message in a similar fashion to Sioux
Fa11s with a pie chart indicating where all the money is allocated.
Executive Session. A motion was made by Reitz, seconded by Thomson, to enter executive session
at 6:36 p.m. for purposes of consulting with legal counsel regarding pending litigation with the city
council, city manager, city attorney, and city clerk present. All present voted yes; motion carried.
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A motion was made by Reitz, seconded by Whaley, to go out of executive session at 6:55 p.m. All
present voted yes; motion carried.
Adiourn. A motion was made by Bartley, seconded by Reitz,to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:55 p.m.
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