HomeMy WebLinkAboutCCMinutes_2000_02_28 261
Council Chambers February 28, 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.
Ordinance 4-2000-Video Lotterv
Motion was made by Davidson, seconded by Weems to reconsider Ordinance No. 4-2000. All
members voted YES, except Bibby voted NO; motion carried. Motion was made by Davidson,
seconded by Weems to amend the population count from 1,008 to 1,012 on Ordinance No. 4-
2000. All members voted YES, except Bibby voted NO; motion carried. Motion was made by
Weems, seconded by Bozied to approve the second reading of Ordinance No. 4-2000 as
amended. All members voted YES, except Bibby voted NO; motion carried.
ORDINANCE NO. 4-00
AN ORDINANCE REGULATING BY POPULATION THE PLACEMENT OF VIDEO
LOTTERY MACHINES 1N THE CITY OF BROOKINGS.
Consent Agenda . Action on bids for the MultiPlex and an Executive Session for contractual
reasons was removed from the agenda. Motion was made by Weems, seconded by Davidson, to
approve the consent agenda which included the February 14, 2000 minutes, the agenda as
amended, various city electrical license renewals, raffle request from SDSU with proceeds to be
used on an educational trip for SDSU TV to Chicago. All members voted YES; motion carried.
Licenses
Brookings Electric Construction Electricians
K& S Electric Electircians
Bills and Claims paid on FebruarX 25 2000
State Radio Communication, services, 1,800.00; A&D Campers, parts, 128.55; Brkgs Area
MultiPlex, transfer, 20,000.00; Cenex, fuel, 26.86; First American Administrators, service,
255.0� �'lmoca, fuel, 19.00; J. Kriese, travel, 100.65; Aramark, supplies, 426.95; Nielsen's,
parts, 1 S 1.95; Auto Body Specialties, parts, 559.46; J. Elijah, supplies, 4,391.00; American
Linen, rent, 25.00; Beal Dist., beer, 20,187.15; Brkgs Engraving, supplies, 50.00; Bowes
Canstruction, service, 1,355.25;Bozied Oil, services, 105.00; T. Bozied, travel, 134.20; Three
Ea�;les Communications, advertising, 360.00;Brkgs Register, advertising/subscription, 691.13; P.
Bolzer, reimburse, 116.00; Buhl's Rug Rental, rent, 42.90; Butler Machinery, parts, 511.00; Cam
Data, supplies, 4.58; Carlson Dist., beer, 10,865.75; Casper's, supplies, 216.20; Coast to Coast,
supplies, 7.39; Courtesy Plumbing, supplies, 55.08; Dakota Beverage Co., beer, 14,969.05;
Dakota Tool Surplus, supplies, 23.05; Danko Emergency Equipment, equipment, 366.06;
Downtown Tire, supplies, 529.52; Einspahr, pick-up truck, 20,100.00; L F Maintenance,
services, 55.00; D. Falken, travel, 41.00; Farmers Coop, supplies, Z 18.85; Federal Express,
services, 28.25; Foerster Dist., supplies, 656.00; A. Glover, services, 3,775.00; Golden West
Industries, parts, 136.46; Harold's Photo Center, services, 105.22; Harold's Printing, supplies,
24.70; Heiman Fire Equipment, parts, 628.00; Homestead, supplies, 335.34; J. Hornby, travel,
41.00; HyVee, supplies, 64.09; Insty-Prints, supplies, 10.00; G. Jongeling, travel, 30.00; Hawley-
Long, insurance, 1,641.00; Lyle Signs, supplies, 196.30; Martin's Inc., supplies, 253.00;
McKillip Graphics, supplies, 21.00; M& T Fire& Safety, supplies, 650.70; Multi Mark-It,
supplies, 40.00; Sprint PCS, service, 177.99; NW Public Service, service, 2,972.23; Perry
Electric, repairs, 172.32; Quill Corp., supplies, 227.44; Reynolds Printing, supplies, 225.00;
Runnings, supplies, 38.91; R. Sorenson, supplies, 26.00; ST Services, service, 125.00; SD
Airport Conference, registration, 135.00; SD Treasurer, tax, 13.80; Staurolite Inn,
service/supplies, 98.95; TV Productions, advertising, 113.08; Vantek Communications, supplies,
36.00; Wa1Mart, supplies, 341.39; Leef Brothers, service, 27.39; Days Inn, travel, 105.00;
General Traffic Controls, equipment, 1,093.00; Gateway 2000, supplies, 497.00; RDO
Equipment, parts, 1,103.44; Commnet Cellular, service, 312.72; Green Pages, supplies, 1,196.90;
262
Gas N Mor, fuel, 65.21; SD State Archives, services, 45.00; Backman's Service, materials,
1,021.00; AEC One Stop Group, materials, 320.48; Cenex, fuel, 2,747.56; Homeschooling
Today, materials, 19.99; Audio Visual Aids Corp, supplies, 26.35; US West, materials, 391.62;
American Library Assn, materials, 32.20; Baker& Taylor, materials, 100.89;Baker& Taylor
Entertainment, materials, 575.25; Beal Dist., beer, 22,944.90;Brkgs Engraving, supplies, 613.20;
Joe Schmitz Bookseller, materials, 128.35; Bound to Stay Books, materials, 164.38; Brkgs Tire
Center, service/supplies, 495.10; Central Business Supply, supplies, 44.70; P Bolzer, travel,
105.50; W. Burggraff, reimburse, 80.00; Carlson Dist., beer, 8,887.35; Cook's Office Products,
supplies, 269.19; Cook's Wastepaper, subsidy, 2,500.00; SD Historical Society, materials, 12.00;
Dakota Beverage Co., beer, 11,883.30; G. DeBeer, service, 60.00; Demco, supplies, 150.80;
Dust-Tex, rent, 63.32; FNB Visa, traveVmaterials, 540.48; FNB, service, 34,541.00;FNB Visa,
registration, 399.00; Foerster Dist., supplies, 85.00; Gale Research, materials, 601.99; Gaylord
Brothers, supplies, 319.66; Glover Helsper Rasmussen, services, 974.41; Harold's Printing,
supplies, 437.20;Harcourt, supplies, 88.15; D. Hartmann, travel, 60.00; Homestead, supplies,
26.23; Ingram Distribution, materials, 2,732.26; Johnson Brothers, liquor/beer, 26,725.69;
Library Mosaics, materials, 22.00; Martin's Inc., fuel, 1,484.50; M& S Business Cleaning,
service, 2,000.00; Midwest Glass, supplies, 639.39; Mick's Scuba Center, supplies, 80.00;
Moonbeam Publications Inc., materials, 56.20; MS Distributing, materials, 67.28;Northern
Safety, supplies, 1,380.88; Sprint PCS, service, 56.95;NW Public Service, service, 1,246.09;
OPIS, service, 64.00; Pitneyworks, supplies, 515.00; Prairie Graphics, supplies, 27.00; Rand
McNally, materials, 300.40; Reader's Digest, materials, 28.37; Runnings, supplies, 119.41;
5oDak Dist., liquor/beer, 16,245.73; Subway Stamp Shop, materials, 31.68; Teem Enterprises,
supplies, 52.00; Tom's TV, supplies, 31.80; Unique Books, materials, 20.56; US Government
Printing, materials, 23.00; WalMart, supplies, 43.75; Weaver's, materials, 18.00; Wildbird,
materials, 23.97; Wohlenberg, Ritzman, services, 1,950.00; Mills Construction, multiplex,
178,029.42; Country General, supplies, 20.48; Austreim Landscaping, service, 40.00
HOBO DAY
SDSU HOBO Day Committee requested $1,800 for Hobo Days 1999 (lost revenue) and $5,000
for Hobo Days 2000 to help with floats, parade costs, etc. Council advised the committee to seek
input from the Chamber of Commerce. No action was taken.
PUBLIC HEARINGS:
Ordinance No. 6-2000-Park and Recreation Board
A public hearing was held on 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
(first reading was 2/14/00). All present were given an opportunity to be heard. Motion was made
by McClemans, seconded by Bibby approving Ordinance No. 6-2000. All members voted YES;
motion carried.
Ordinance No. 3-2000-Conditional Use 714 11`�'Ave�
A public hearing was held on Ordinance No. 3-2000 an application for a Conditianal Use for a
boardinghouse for seven(7)persons at Lot 4, Block 5, Randi Peterson's Addition(714 11U'
Avenue) (first reading was 2/14/00). All present were given an opportunity to be heard. Motion
was made by Davidson, seconded by Bozied approving Ordinance No. 3-2000. All members
voted NO; motion failed.
�soLU�rloNS:
Resolution No. 11-2000-Bud�et Cost Centers
Motion was made by Davidson, seconded by Weems approving Resolution No.l l -00
establishing additional costs centers in the annual budget (City Manager's Office, Phase II of
Multiplex, Phase I of Multiplex, and Ice Rink Construction). All members voted YES; motion
carried.
RESOLUTION NO. 11-00
BE IT AUTHORIZED by the City Council that the City Manager be hereby authorized to
make the following transfers of funds:
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From Public Improvements To Constn�ction Fund Mu1tiPlex No. 508 $3,884,133
Fund No. 286
From Construction Fund To Construction Phase I of the MultiPlex No. 506 $390,581.11
No. 290
From Finance Department To City l�Zanager Cost Center 101-406 $144,350.00
No. 101415510100
From Special Revenue Fund Construction Ice Rink No. 509 $100,000.00
(25% of 2°d Penny)
Resolution No. 12-2000—Contin.gency Transfer
Motion was made by Weems, seconded by Bibby approving Resolution No. 12— 00 authorizing
transfers from Contingency Fund to specific accounts in the General Fund. All members voted
YES; motion camed.
RESOLUTION NO. 12-00
BE IT AUTHORIZED by the City Council that the City Manager be hereby authorized to
make the following transfers of funds:
From Contingency To Human Resources-Furniture and Fixtures $4,200
From Contingency To Historic Preservatian $1,200
From Contingency To Industrial Fund—utility installations $51,000
From Contingency To Mayor/Council Consultants $31,000
From Contingency To Mayor/Council-City Mgr Recruitment $4,000
From Contingency To Library—utilities $7,000
Resolution No. 13-00—Library Bonds
Resolution No. 13-00 to cap or refund the sales of tax bonds issued for the Brookings Public
Library. No action was taken.
Resolution No. 10-2000—Police Dept. Fine 5chedule
Motion was made by Bozied, seconded by Davidson approving Resolution No. 10-00 establishing
a fine schedule for the Brookings Police Department. All members voted YES; Artz abstained
motion carried.
RESOLUTION NO. 10-00
A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES FOR
VIOLATIONS OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS, SOUTH
DAKOTA.
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota,that
the following Schedule of Proposed Fines shall be effective as of the date of this Resolution for
all violations of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES
S�ctionOffense Fine Costs Total
5-3 Open Container(alcoholic beverage)
(Beer, wine, liquor in vehicle or on street) 35.00 30.00 65.00
5-5 Attempt to Purchase 35.00 30.00 65.00
5-6 Misrepresentation of Age 35.00 30.00 65.00
5-62 Possession of Keg Restricted 35.00 30.00 65.00
7-43 Dog at Large 25.00 30:00 55.00
7-45 Barking Dog(Public Nuisance) 25.00 30.00 55.00
7-49 Unlicensed Dog 25.00 30:00 52.00
9-39 Bicycle Offense 10.00 30.00 40.00
17-11 Littering 35.00 30.00 65.00
264
23-1 Lights on Vehicle 15.00 30.00 45.00
23-4 Exhaust System 20.00 30.00 50.00
25-2 Resisting an Officer 75.00 30.00 105.00
25-13 Fleeing from a Police Officer 95.00 30.00 125.00
25-25 Disorderly Conduct 35.00 30.00 65.00
25-26 Distt►rbing the Peace -House Parties
First Offense 50.00 30.00 80.00
Second Offense (within 1 year period) 100.00 30.00 130.00
Third Offense (within 1 year period) 200.00 30.00 230.00
26-22 Driving Restricted (In Parks) 45.00 30.00 75.00
Parking Offenses
34-250 Places Where Prohibited 25.00 30.00 55.00
34.266.1 Illegal Parking (2 hr. downtown or Medary) 25.00 30.00 55.00
34-268 Parking Prohibited During Snow Removal 50.00 30.00 80.00
50.70.510 Front�ard Parking 15.00 30.00 45.00
Traffic/Drivin�Offenses
34-3 Driver's License Violation 35.00 30.00 65.00
34-4 Age of Driver 35.00 30.00 65.40
34-5 License Plate Violation 35.00 30.00 65.00
34-55 Failure to Comply w/Warning Ticket 35.00 30.00 65.00
34-66 Duty to Provide Information 45.00 30.00 75.00
34-68 Property Damage 45.00 30.00 75.00
34-69 Unattended Vehicle 45.00 30.00 75.00
34-71 Immediate Notice 45.00 30.00 75.00
3G-89 Driving on Divided Highway 35.00 30.00 65.00
34-90 Driving on Left Side of Street 25.00 30.00 55.00
34-97 Obstruction of Vision 25.00 30.00 55.00
34-125 Traffic Signals 35.00 30.00 65.00
34-141 Speed Limit Designated
Exceeding Limits 20.00 30.00 50.00
1-5 mph Over Speed Limit 20.00 30.00 50.00
6-10 mph Over Speed Limit 25.00 30.00 55.00
11-15 mph Over Speed Limit 45.00 30.00 75.00
16-20 mph Over Speed Limit 65.00 30.00 95.00
21-25 mph Over Speed Limit 100.00 30.00 130.00
Over 25 (Court Appearance) 135.00 30.00 165.00
34-160 Obedience(One Way Streets& Alleys) 15.00 30.00 45.00
34-172 Right Turn 25.00 30.00 55.00
34-173 Left Turn 25.00 30.00 55.00
34-174 U-Turn Restricted 25.00 30.00 55.00
34-205 Obedience to Stop and Yield 35.00 30.00 65.00
34-206 Vehicle Entering Stop Intersection 35.00 30.00 65.00
34-207 Vehicle Entering Yieid Intersection 35.00 30.00 65.00
34-317 Pedestrian Right-af-Way 35.00 30.00 65.00
34-226 Reckless Driving 65.00 30.00 95.00
34-227 Careless Driving 55.00 30.00 85.00
34-228 Exhibition Driving 35.00 30.00 65.00
34-229 Unsafe Backing 35.00 30.00 65.00
34-230 Maximum Passengers 15.00 30.00 45.00
34-232 Following Too Close 35.00 30.00 65.00
34-233 Driving on Sidewalk 25.00 30.00 55.00
34-237 Driving Through Processions 25.00 30.00 55.00
34-238 Cutting Corner 25.00 30.00 55.00
34-238 Manner Of Use Of Diagonal Parking
Spaces 25.00 30.00 55.00
Housing and Zoning Offenses
Housin
19-31 Licensing of Leased Dwelling Units 25.00 30.00 55.00
265
19-32 Filing of Application Forms 25.00 30.00 55.00
19-35 Payment of License Fees 25.00 30.00 55.00
19-37 Failure to Comply With Smoke Detector,
Exit and Parking Rec�uirement '.
First Offense 150.00 + 30.00 w/100.00 � -
suspended on condition of no similar �
violations for 1 year
Second Offense 150.00 30.00 180.00
Third Offe�e 200.00 30.00 230.00
19-42 Agent Required 35.00 30.00 65.00
Zonin�
50.06.030 First Offense:
50.07.030 200.00 + 30.00 w/150.00 suspended
50.08.030 Permitted Uses (Unlawful Use) on condition of no similar violations
50.09.030 for 1 year
50.10.030
50.11.030
50.20.030 Second Offense:
All Other Zoning Ordinances Violations 200.00 30.00 230.00
New Business:
Ci� Attornev .
Motion was made by Bibby, seconded by Weems approving the extension of the city attorney ,� �
contract for legal services with Alan Glover. Motion was made by Weems, seconded by Davidson
to amend the term ofthe eactension for 30 days. On the motion as amended, all members.voted
YES; motion camed.
Worker's ComQensation
Motion was made by Davidson, seconded by Weems to accept the proposal from Medical
Assurance/Risk Administration Services submitted for worker's compensation catrier. All
members voted YES, except Artz abstained. Motion camed.
Abatement—Myron Prussman& Lvle Prussman
Motion was made by Davidson, seconded by Weems approving two abatement requests; one
received from Myron Prussman, for the W130' of Lots 1 and 2 exc. N1' of Block 3, Matthew&
Scobey Addition, for a portion of 1999 property taxes in the amount of$479.36. The structure
was torn down in April 1999. The County Assessor recommends approval. The second request
was received from Lyle Prussman, for Lot E of Lot 4, Block 1 of Skinner's Third Addition, for a
portion of 1999 property taxes in the amount of$428.16. The structure was torn down in April
1999. The County Assessor recommends approval. All members voted YES; motion carried.
Abatement—Richard Parsons
Motion was made by Bozied, seconded by Weems to taUle the abatement request received from
Richard Parsons, for Lot 1 of the Brookings Mall, for a portion of 1999 property t�es in the
amount of$1,281.80. The structure was sold at auction June 24, 1999 and moved out of town
on August 24, 1999. All members voted YES; motion carried. Motion was made by Davidson,
seconded by Weems to take the abatement request offthe table. All members voted YES;
motion canied. Motion was rnade by Bibby, seconded by Weems to approve aUatement request.
All members voted YES, except McClemans voted NO; motion carried.
City Mana e� r's Re_.port.
The County's lease on the Brown House will expire on April 1. The City Engineer will work out
an agreement with the current tenants.
Unaudited financial statement was complete last week and will be presented at the meeting on
March 13, 2000.
266
Motion to adjourn was made by Davidson, seconded by Bozied. Council meeting adjourned at
7:04 p.m. �
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