HomeMy WebLinkAboutCCMinutes_2000_02_14255
Council Chambers February 14, 2000
City of Brookings
The City Council convened in regular session at 5:30 PM with the following members present:
Herriott, McClemans, Bozied, Bibby, Davidson, Weems, and Artz (by phone).
Alan Glover, Attorney, and Al Thelen, City Manager, were present.
Motion was made by Bibby, seconded by McClemans, to bring the Video Lottery request for
Sports Bar & Grill off the table. Artz, Herriott, Bibby and McClemans voted YES except
Weems, Bozied, and Davidson voted NO. Motion Carried.
Consent Agenda. Motion was made by Davidson, seconded by Bozied, to approve the consent
agenda which included the January 24, 2000 minutes, the agenda, various city license renewals,
and a raffle request for the SDSU Native American Club. Ordinance 35-99 to amend the Sign
Ordinance was removed from the agenda and deferred to February 28, 2000. The Video Lottery
request for the Sports Bar and Grill was added to the agenda as item 10A. All present voted
YES; motion carried.
License Applications:
Rural Construction Plumbing
H & H Plumbing Plumbing
Hartung Electric Electrician
Bode Construction Plumbing
A copy of the bills and claims paid on February 11, 2000 are attached.
A & B Service Garage, parts, 26.76; ATCO International, parts, 325.00; US Postal Service,
supplies, 750.00; Lawson Products, supplies, 463.82; Barretts Furniture, supplies, 564.00;
Bankfirst, dues, 75.00; A& D Campers, parts, 183.60; F. Ysker, travel, 36.00; Thelen
Consultants, services, 7,530.23; Pitney Bowes, maintenance, 303.32; Sherrill, Inc, equipment,
785.84; Viking Office Products, supplies, 816.91; Carquest, parts/supplies, 492.24; American
Nurseryman, supplies, 117.35; Aesoph Group, services, 803.67; Auto Body Specialties, supplies,
1,525.35; Banner Assoc., Wayside/MultiPlex, 20,604.90; B & B Concrete, service, 570.00; Beal
Dist., beer, 42,304.15; Eugene Beckman & Sons, supplies, 77.73; KDBX, advertising, 450.00;
Bierschbach Equipment, supplies, 74.74; Bortnem's Vinyl -Pro, repairs, 80.00; Bowes Const.,
services, 4,717.19; Three Eagles Communication, advertising, 850.00; Brkgs Medical Clinic,
services/dues, 383.75; Brkgs Co. Hiway, equipment, 5,875.00; Brkgs CVB, subsidy, 9,000.00;
Brkgs Register, advertising, 1,494.64; Brkgs Deuel Rural Water, service, 60.00; ITC, service,
170.55; Brkgs School Dist, subsidy/reimburse, 36,741.37; Brkgs Telephone, servcies, 3,591.02;
Brkgs Tire Center, repairs, 117.95; Central Business Supply, supplies, 3,150.03; Butler
Machinery, parts, 1,027.32; Superior Products, supplies, 515.00; Carlson Dist., beer, 21,247.75;
Brkgs Equipment, parts/service, 506.09; C H Edlund Co., supplies, 149.37; Brkgs Landfill,
hauling fees, 8,083.85; CCP Industries, supplies, 179.90; Corporate Safety Solution, training,
300.00; Coast to Coast, supplies, 1,149.43; Coca Cola, supplies, 259.40; Connections, services,
458.33; Cook's Wastepaper, subsidy/service, 2,680.00; Dakota Beverage, beer, 30,430.73;
Dakota Filter Service, repairs, 74.49; Dakota Service, supplies, 30.02; Dakota Tool, supplies,
20.99; Dale's Alignment, supplies, 1,384.53; Horticulture, subscription, 28.00; SD Dept of
Revenue, registration, 6.00; DGJD, Inc, MultiPlex seats, 214,650.00; Diamond Clear Ice,
supplies, 242.70; Diesel Machinery, parts, 200.39; LR Nelson Corp., supplies, 700.03; Dust -Tex,
rent, 230.51; Eide Saw & Tool, service, 40.85; Einspahr Auto Plaza, parts/service, 460.90;
Exhaust Pros, repairs, 167.45; Faber Construction, service, 1,473.36; Farmers Coop, fuel,
228.16; Farmers Implement, parts, 191.90; Federal Signal Corp., supplies, 174.22; First Nati
Bank, fees, 250.00; Fire Rescue Magazine, subscription, 46.95; Foerster Dist., supplies, 587.94;
Franklin Covey, supplies, 276.36; R Froehlich, travel, 7.00; G & H Radiator, repairs, 149.39;
WW Grainger, parts, 346.94; Graybar Electric Co., supplies, 130.50; UBC, supplies, 278.95;
Harold's Photo Center, service, 39.63; Harold's Printing, supplies, 211.89; Jim Hatch Sales Co.,
supplies, 89.27; Heiman Fire Equipment, supplies, 113.24; Homestead, supplies, 1,542.42;
Index, supplies, 37.93, IOCS, dues, 20.00; Insty Prints, supplies, 32.71; Johnson Bros.,
liquor/beer, 29,394.64; G. Jongeling, travel, 14.00; Kenner Plumbing, gasket, 43.20; K. Krogh,
services, 200.00; KJJQ, advertising, 450.00; Langland Home Center, repairs, 173.68; Brkgs City
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Cab, subsidy, 2,583.00; L & L Auto Parts, supplies, 899.05; Martin & Assoc., computer,
2,593.10; Martin's Inc., fuel, 11,281.65; Michaels Fence Co., supplies, 21.09; M & T Fire &
Safety, supplies, 120.80; Midwest Glass, supplies, 17.39; Midwest Turf, supplies, 309.75; Brkgs
Utilities, services, 41,424.64; New Deal Tire, services, 288.00; Northern Safety, parts, 233.94;
Sprint PCS, service, 237.30; NW Public Service, service, 2,465.77; Olson Paint & Wallpaper,
supplies, 19.78; Old Dutch Foods, supplies, 19.42; Flowers on Main, supplies, 65.00; Pepsi,
supplies, 100.20; Pepsi, supplies, 51.65; Perry Electric, repairs, 645.23; Pitney Bowes, rent,
241.05; Preferred Woodwork, supplies, 40.00; Prunty Const, service, 720.00; Prussman
Contracting, service, 969.25; Queen City Wholesale, supplies, 916.20; Radio Shack, supplies,
27.95; Rainbow Car Wash, service, 21.04; R & R Specialties, parts, 124.15; Runnings, supplies,
481.39; Rude's Home Furnishings, supplies, 99.00; Sanitation Products, supplies, 71.06;
Northern Truck Equipment, supplies, 210.50; J. Lanning, travel, 14.00; Service Electric, parts,
149.53; Jameson Corp., parts, 218.68; Sioux Falls Two Way Radio, repairs/maintenance, 105.00;
Sioux Valley Wireless, service, 10.50; Sioux Equipment, maintenance, 106.50; Smith Supplies,
supplies, 315.00; SoDak Dist., liquor/beer, 16,234.43; SD Dept of Revenue, tax, 1,992.83; SD
Dept of Revenue, tax, 2,409.00; SDML, supplies, 30.00; Priority Air, Contract, 3,000.00; SD
Treasurer, tax, 10,140.39; Streichers, supplies, 459.90; Sturdevant Auto Supply, supplies/parts,
597.40; SWANA, dues, 117.00; R. Tietjen, services, 400.00; Tires Tires Tires, repairs/supplies,
148.14; Top -Notch Cleaning, services, 1,070.00; TR Designs, advertising, 300.25; Sport Systems
Unlimited, supplies, 430.00; Sports Connection, rent/supplies, 6,956.50; Uniforms Unlimited,
supplies, 2,415.90; US Golf Assoc., dues, 25.00; D. Ulvestad, travel, 7.00; VandeBerg Sales,
maintenance, 375.00; Vantek Communications, repairs,79.30; Velvet Uniforms, supplies, 28.50;
Visionary Systems, services, 560.00; Wa1Mart, supplies, 213.89; Watertown Public Opinion,
subscription, 92.00; Wohlenberg, Ritzman & Co., services, 1,833.00; Frito-Lay, supplies, 26.48;
First USA Bank, supplies, 1,110.39; Shelly Co., supplies, 22.80; Pinnacle Dist., supplies,
1,429.01; Lab Safety Supply, supplies, 859.00; RDO Equipment, repairs, supplies, 1,456.89;
Country General, supplies, 78.81; CommNet Cellular, service, 50.48; J. Duchscherer, travel,
46.60; Cenex, fuel, 155.07; Central Business Supply, supplies, 56.60; Dale's Alignment, repairs,
3,484.09; Farmers Coop., supplies, 847.98; Holiday Inn, service, 40.49; HyVee, supplies,
163.40; BMU, service, 1,300.00; E. Bublitz, reimburse, 100.00
City General, net payroll, 244,618.12; First National, 453,270.73; SDSU/Fed CU, contributions,
30,024.88; City Brkgs, Sec 125, 4,310.69; BMU, 599,446.59; IRS, FICANIT, 247,111.73; First
National, annuity, 2,500.00; SDRS, retirement, 60.00; Teamsters, dues, 1,399.00; United Way,
contributions, 243.50; Aetna, annuity, 3,145.00; Office Child Support, garnish, 1,462.00; Dist
Attorney, garnish, 50.00; MN Child Support, garnish, 636.00; Breit Law Office, garnish, 272.32;
Brkgs Hosp., garnish, 213.57; Brkgs Hosp., garnish, 389.00; Delta Dental, insurance, 933.16;
Madison Nat'l Life, insurance, 1,596.96; City Brkgs, insurance, 47,914.40; Aflac, insurance,
2,385.58; Brkgs Hospital, insurance, 58,584.16; Aetna, insurance, 137.48; Delta Dental,
insurance, 7,554.84; Aflac, insurance, 1,002.82; Wellmark benefit Consultants, insurance,
471.30; SDRS, retirement, 102,292.41;
General, 367,050.41; Storm Drainage, 3,788.14; Dispatch, 12,292.21; Liquor, 22,753.73; Solid
Waste, 46,937.11; BMU, 598,386.84; Hospital, 758,910.88;
Payroll Changes: T. Zuiderhof, 6.75; M. Eich, 6.75; G. Adam, 6.75; M. Larson, 7.00; D. Hoff,
9.50; A. Madsen, 8.75; R. Thompson, 12.35;
New Employees: P. Michaels, 10.90; P. Swanz, 10.00.
Presentation. Report on results of community survey by SDSU Public Administration class.
Appointment of Cit. Manager. Motion was made by Davidson, seconded by McClemans, to
appoint Mike Williams as City Manager and contract regarding same. All present voted yes,
motion carried.
PUBLIC HEARINGS:
Preliminary Plat - Teton Village . A public hearing was held on a revised preliminary plat of
Teton Village of Indian Hills Addition. All present were given an opportunity to be heard.
Motion was made by Davidson, seconded by Weems, approving the plat. All members voted
YES; motion carried.
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Ordinance No. 4-2000 — Video Lottery. A public hearing was held on Ordinance 4-2000, an
ordinance to limit the number of video lottery sites in the city of Brookings. All present were
given an opportunity to be heard. Motion was made by Davidson, seconded by Weems,
approving Ordinance 4-2000. Motion was made by Bibby, seconded by McClemans, to amend
the Ordinance to state "...will be granted for each 1,008 or fraction thereof of the population of
the City. All present voted yes to amend the original motion; motion carried. Motion was made
by Bibby, seconded by Artz, to amend the number from 1008 to 1000. McClemans, Bibby and
Artz voted YES, Bozied, Davidson, Herriott and Weems voted NO; motion failed. On the
original motion as amended, all members voted YES; except Bibby; motion carried.
Video Lottery, Request —Sports Bar and Grill. Motion was made by McClemans, seconded by
Bibby, to approve a video lottery request for the Sports Bar and Grill. All present voted NO,
based on density of population; except Bibby voted YES. Motion Failed.
Ordinance No. 5-2000 — Supplement Annual Appropriation Ordinance . A public hearing was held
on Ordinance No. 5-2000, an ordinance supplementing the annual appropriation ordinance as made
for the year 2000 by Ord. No. 25-99 and for the purpose of providing for additional funds for the
operation of the city and declaring an emergency. All present were given an opportunity to be
heard. Motion was made by Weems seconded by Davidson, approving Ordinance No. 5-2000. All
members voted YES; motion carried.
House Moving Request . A public hearing was held on an application to move a building from
829 Medary Avenue to 929 First Avenue. All present were given an opportunity to be heard.
Motion was made by Davidson, seconded by Weems, approving the application with the
following amendment to the application "provided in the event a full basement is added the
house will be sided completely all the way to ground level." All present voted YES; motion
carried. Motion was made by Bibby, seconded by McClemans, to amend the motion to state
crawl space rather than a full raised basement All members voted YES; motion carried.
Motion was made by Davidson, seconded by Weems, to request staff to investigate other options
in dealing with house moving issues in the future. All present voted yes; motion carried.
FIRST READINGS:
Ordinance No. 6-2000 — Park and Recreation Board . Motion was made by Davidson, seconded by
Weems, approving the introduction and first reading of Ordinance No. 6-2000, an Ordinance
amending Article 1, Chapter 26 of the Revised Ordinances of the City of Brookings pertaining to
the Park and Recreation Board. All members voted YES; motion carried.
Ordinance No. 3-2000 — Conditional Use at 714 11"' Avenue. Motion was made by Weems,
seconded by Bozied, approving the introduction and first reading of Ordinance No. 3-2000 an
application for a Conditional Use for a boardinghouse for seven (7) persons at Lot 4, Block 5,
Randi Peterson's Addition (714 l Vh Avenue). All members voted YES; motion carried.
RESOLUTIONS:
Resolution No. 7-2000 — Utilily Revenue Bonds. Motion was made by Bozied, seconded by
McClemans, approving Resolution 7-00 authorizing the issuance of Utility Revenue Bonds, Series
2000 in an aggregate principal amount not to exceed $10,000,000; pledging the gross revenues of a
personal communications system to the payment of said bonds; authorizing officers of the city to
approve, execute and deliver certain agreements and documents relating to the bonds and a joint
undertaking by the city and the city of Beresford, South Dakota. All members voted YES; motion
carried.
Resolution No. 9-2000 — Performing Arts Center. Consensus of Council that the Memorandum of
Understanding state that "SDSU shall guarantee that up to 50 days in each calendar year shall be
available for scheduling in the facility for use by the Brookings School District or groups
sponsored by the City". Motion was made by Davidson, seconded by Weems, approving
Resolution No. 9-00 authorizing the Mayor to sign a Memorandum of Understanding between the
City of Brookings, the State Board of Regents and South Dakota State University for the
Performing Arts Center. All members voted YES; motion carried.
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RESOLUTION NO. 9-00
RESOLUTION AUTHORIZING MAYOR TO EXECUTE MEMORANDUM OF
UNDERSTANDING WITH SDSU.
WHEREAS, the City of Brookings has heretofore adopted Resolution No. 5-00
pertaining to the joint financing of the SDSU Performing Arts Facility Project, and
WHEREAS, it is necessary to enter into a Memorandum of Understanding with SDSU
and the State of South Dakota pertaining to the financing and use of said Performing Arts Center,
now therefore,
BE IT RESOLVED that the Mayor is hereby authorized to execute the Memorandum of
Understanding in the form that was presented to the City Council on the 14'h day of February,
2000, the execution of said Memorandum to be no earlier than the effective date of Resolution
No. 5-00.
Resolution No. 5-2000 — Performing Arts Center. Motion was made by Weems, seconded by
Bozied, approving Resolution No. 5-00 approving the SDSU Performing Arts Center Project. All
members voted YES; except Bibby voted No; motion carried.
Resolution No. 6-2000 — Ice Rink. Motion was made by Artz, seconded by McClemans,
approving Resolution No. 6-00 on the Double Ice Rink and Animal Holding Barn Multi -use
Facility. All members voted YES; motion carried.
Resolution No. 8-2000 — Bond Re ulations . Motion was made by Davidson, seconded by
Weems, approving Resolution No. 8-00 relating to financing of certain proposed projects to be
undertaken by the city; establishing compliance with reimbursement bond regulations under the
Internal Revenue Code. All members voted YES; motion carried.
RESOLUTION NO. 8-00
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS
TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE
CODE
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota
(the "City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 of the Income
Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion
of the proceeds of which are to be used to reimburse the City for project expenditures
made by the City prior to the date of issuance.
(b) The Regulations generally require that the City make a declaration of its
official intent to reimburse itself for such prior expenditures out of the proceeds of a
subsequently issued series of bonds within 60 days after payment of the expenditures,
that the bonds be issued and the reimbursement allocation be made from the proceeds of
such bonds within the reimbursement period (as defined in the Regulations), and that the
expenditures reimbursed be capital expenditures or costs of issuance of the bonds.
(c) The City desires to comply with requirements of the Regulations with
respect to certain projects hereinafter identified.
2. Official Intent Declaration.
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(a) The City proposes to undertake the following project or projects and to make
original expenditures with respect thereto prior to the issuance of reimbursement bonds, and
reasonably expects to issue reimbursement bonds for such project or projects in the maximum
principal amounts shown below:
Project
Maximum Amount of Bonds
Expected to be Issued for Project
Phase II MultiPlex $3,964,480.00
(b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to
Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary
expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek
reimbursement for any original expenditures with respect to the foregoing projects paid more
than 60 days prior to the date of adoption of this resolution. All original expenditures for which
reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement
bonds.
3. Budgetary Matters. As of the date hereof, there are no City funds reserved,
pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be
reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent
financing for the original expenditures related to the projects, other than pursuant to the issuance
of the reimbursement bonds. Consequently, it is not expected that the issuance of the
reimbursement bonds will result in the creation of any replacement proceeds.
4. Reimbursement Allocations. The City Manager shall be responsible for
making the "reimbursement allocations" described in the Regulations, being generally the
transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the
source of temporary financing used by the City to make payment of the original expenditures
relating to the projects. Each reimbursement allocation shall be made within 30 days of the date
of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and
records of the City maintained for the reimbursement bonds and shall specifically identify the
original expenditures being reimbursed.
OTHER ITEMS
Policy — Second Penny Sales Tax. Motion was made by Bibby, seconded by Bozied, approving
the City Council policy as it relates to the second penny sales tax. All members voted YES;
motion carried.
Appointments. Motion was made by Davidson, seconded by Weems, approving the appointments
to the Hospital Board, Planning Commission, Board of Adjustment and Human Rights Committee.
Gordon Ommen Hospital Board 1/1/2001
Robert Jones Hospital Board 1/1/2002
Chris Ernst Board of Adjustment (filling unexpired term to 1/2001)
Jon Walkes Human Rights Committee (filling unexpired term to 1/2003)
Phil Hogie Planning Commission (filling unexpired term to 12/31/2003)
Presentation — Capital Outlay Plans-. Presentation of 5 year capital outlay plan by City
Departments.
Mission Statement. Motion was made by Davidson, seconded by Weems, to adopt a mission
statement for the City of Brookings: "The City of Brookings is committed to providing a high
quality of life for its citizens and fostering a diverse economic base through innovative thinking,
strategic planning, and proactive, fiscally responsible municipal management." All present
voted yes; motion carried.
CitesManager's Report. The Municipal Code Corporation was selected to recodify the City
Ordinances which will take 12 to 16 months to complete.
260
Council Members Open Discussion
Motion was made by McClemans, seconded by Bibby, to hold a City Council Planning Session on
Thursday, February 17, 2000 at 5:30 p.m. All present voted yes; motion carried.
Motion to adjourn was made by Davidson, seconded by Bibby. Council meeting adjourned at
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