HomeMy WebLinkAboutCCMinutes_2000_03_27 275
Council Chambers March 27, 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.
Michael Williams, City Manager, Al Thelen, Interim City Manager, and Eric Rasmussen,
Deputy City Attorney,were present.
Consent Agenda . Item 20, Report To Set A Special Election Date In Regards To Lottery
Ordinance,was removed from the agenda. Items 16 and 17 were moved after 22. Motion
was made by Weems, seconded by Bozied, to approve the consent agenda which included
the regular March 13, 2000 minutes and the special March 20,2000 meeting minutes,the
agenda as amended, and raffle request from the Kappa Epsilon Sorority from 4/17/00 to
4/20/00. All members voted YES;motion carried.
Bills and Claims paid on March 31, 2000
Demco, supplies, 34.88;SD Dept of Revenue, supplies,21.00;Dust-Tex,rent, 94.98;
Einspahr Auto,police cars, 61,884.00;G. Egeberg,travel, 7.00; C. Enlow, tra.vel, Exhaust
Pros, repairs, 16.50; Faber Construction, service, 400.00; FNB Visa, supplies, 678.32; Fixit
Shop, repairs,27.50; Foerster Distributing, supplies, 167.60;Ga1e Research, materials,
1,023.65;Gaplord Brothers, supplies, 84.17; GCSA of SD, travel, 125.00;A. Glover,
contract, 3,775.00;Albinson Reprographics, supplies,48.00;Graybar, supplies, 171.54;Great
Plains Chauta.uqua Society, subsidy, 2,500.00;J. Nelson, travel, 67.00; Harold's Photo
Center, supplies, 13.39;Heiman Fire Equipment, supplies, 798.62;Homestead, supplies,
67.57;HyVee, supplies, 104.85;Interstate Battery System, supplies, 52.95; Ingram
Distributing, rnaterials, 2,169.74;Insty Prints, supplies, 32.00;Jackrabbit Tire, supplies,
19.95;Johnson Brothers, liquor/beer, 54,906.12;Johnson Controls, repairs, 1,125.00;G.
Jongeling,travel, 7.00; K. Krogh, services,200.00;Landscape Architecture, subscription,
49.00;Beacon Ballfields, equipment, 234.17;Lyle Signs, supplies, 359.50;Lyle's
Transmission,repairs,2,152.91; Martin's Inc. fuel, 1,460.82;M&T Fire & Safety, supplies,
12.90; Midwest Glass, parts, 10.00;MS Distributing, service/materials, 2,025.59; Sprint PCS,
service, 55.94;NW Public Service, service, 2,23731;Paula Motors, parts, 145.50;Perry
Electric, repairs, 59.63;Pimey Bowes, maintenance, 438.89;Prunty Construction, service,
600.00;Prussman contracting, services, 800.00;Quality Books, materials, 562.78; Quill
Corp., supplies, 504.57;Recorded Books, materials, 282.10; Radisson Hotel, travel, 105.00;
RTC Inc, materials, 28.00; Outlaw Graphics, supplies, 22.50;Share Corp., supplies, 82.37;
SoDak Distributing, liquor/beer,28,052.69; SD Engineering Society, registration, 90.00;
Standard &Poor's Corp,materials, 914.92;SD Magazine, materials, 16.00;Standing Stone
Media, materials, 68.00;Thomas T Beeler Publisher, materials, 113.16;Time-Life Education,
materials, 15.87;Town & Country Shopper, advertising, 67.50; USA Today, materials,
119.00; US Postmaster,postage, 66.00;WalMart, supplies,241.31;Wildlife Control,
Technology, subscription, 20.00; Copp Equipment, supplies, 69.80;RDO Equipment,
supplies, 144.68; Green Pages, supplies, 59.00;Lati/Bit, registration, 80.00;M&T Fire &
Safety, supplies, 46.45;
Gas N Mor, fuel, 1,657.06;Lawson Products,parts, 155.80;Active Data Systems, services,
850.00;Nat'1 Safety Town Center, supplies, 795.50;Hesc, testing, 292.50;Aberdeen
American News,materials, 159.74;Weiss Rating, materials, 184.95;Brkgs Area MultiPlex,
rent/subsidy,24,150.00;Cenex, fuel, 888.5G;Homeschooling Today, materials, 19.99; US
West, materials, 123.27;American Planning Assn, subscription, 55.00;Nielsen's, supplies,
4.64;Auto Body Specialties, supplies, 73.70;Autodesk, Inc, subscription,245.00;Automatic
Bldg Controls, services, 503.88;Baker&Taylor, materials,220.76;Baker&Taylor
Entertainment, materials, 76.03;Banner Assoc., MultiPlex, 30,879.09;B &B Concrete,
services, 600.00;Beal Dist., beer, 66,125.70;Eugene Beckman & Sons, supplies, 70.69;N.
Bergjord, reimburse, 50.00;Brkgs Engraving, supplies,20.00;Joe Schmitz Bookseller,
materials, 15.38;Bound to Stay Bound Books, materials,43.68;Bowes Construction,
services, 1,800.00;Bozied Oil Co., services, 173.00;Brkgs Area HR Assn, registration, 30.00;
Brkgs Chpt American Red Cross, supplies, 691.60;Brkgs Register, 819.81;advertising,
819.81;Brkgs School Dist, reimburse, 444.32;Brkgs Telephone, service, 1,464.39;Central
Business Supply, supplies, 179.35;Brkgs Animal Clinic, services, 22.00;Butler Machinery,
parts, 73.79; Carlson Dist., beer, 32,333.15;Brkgs HR, testing, 230.50;Cook's Wastepaper,
subsidy, 2,500.00; Courtesy Plumbing, repairs, 57.12;Dakota Beverage Co., beer, 44,938.90;
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Brookin Area Chamber of Commerce and Convention Bureau Financial Statements.
Representatives of the Chamber of Commerce and Convention Visitor's Bureau presented
programming and financial information to the Council. Motion was made by Davidson,
seconded by Artz, to accept the report. All members present voted YES;morion carried.
Brookin�s Area Youth Coalirion. Mark Whaley, representing the Coalirion, presented
information about the creation of a Boys and Girls Club in Brookings. No action taken.
Ordinance No 8-00—Sup�lement A��ro�riation Ordinance . Motion was made by
Da�idson, seconded by Weems,approving the first reading of Ordinance No. 8-00, an
Ordinance entitled "an Ordinance supplemenring the annual appropriation ordinance as
made by the year 2000 by Ord. No. 25-99 and Ord. No. 5-00 and for the purpose of
providing for additional funds for the operation of the city", and declaring an emergency.
All members present voted YES;motion carried.
ORDINANCE NO 8-00
AN ORDINANCE ENTITLED "AN ORDINANCE SUPPLEMENTING THE
ANNUAL APPROPRIATION ORDINANCE AS MADE FOR THE YEAR 2000 BY
ORDINANCE NO. 25-99 and ORDINANCE NO. 5-00 AND FOR THE PURPOSE OF
PROVIDING FOR ADDITIONAL FUNDS FOR THE OPERATION OF THE CI'TY",
AND DECLARING AN EMERGENCY.
Ordinance No 7-00—Solid Waste Committee&Board of Health . Motion was made by
Weems,seconded by Bozied,approving Ordinance No. 7-2000 to combine the Solid Waste
Committee and Board of Health. All members present voted YES;motion carried.
ORDINANCE NO. 7-00
Chapter 18 HEALTH AND SANITATION
Ordinance No 35-99—SiQn Ordinance . Public hearing was held on Ordinance No. 35-99
amending the 1994 Revised Zoning Ordinance pertaining to signs (first reading was
12/13/99, second reading tabled 1/8/00). All present were given an opportunity to be
heard. Motion was made by Bibby, seconded by Weems,to take the item off the table. All
members present voted YES;motion carried. Motion was made by Davidson, seconded by
Weems,to amend the ordinance to state portable signs may be displayed on a lot for 90
days per calendar year and signs in excess of 32 square feet be allowed on a lot for up to a
maximum of 7 days within maximum permit period. All members present voted YES;
motion carried. Motion was made by Weems, seconded by Bibby, to adopt the ordinance
as amended. All members present voted YES, except Bozied;motion carried.
ORDINANCE NO. 35-99
AN ORDINANCE REVISING TF-�ZONING ORDINANCE OF'THE CITY OF
BROOKINGS PERTAINING TO SIGNS
Resolution No 20-00—Urban S�stem Priorit�List. Motion was made by McClemans,
seconded by Bozied,approving Resolution No. 20-00 approving the Urban System Priority
List (2001-2005). All members present voted YES;motion carried.
RESOLUTION NO. 20-00
STI'-URBAN SYSTEM PRIORITY LIST
WHEREAS, the City of Brookings has designated certain streets to be included in
the STP-Urban System of Streets as defined by the SDDOT;and
WHEREAS, the SDDOT has designated certain funds, Federal and Sta.te to be used
for construction, reconstruction and major repair of the STP-Urban System Streets;and
WHEREAS, the City of Brookings has been requested to establish a priority list of
projects to be considered for funding by the SDDOT;
NOW,THEREFOIZE, the City of 13rookings hereby resolves that the following � � �
projects be considered in the order listed:
Priority Bid Type of Leiigth Cost
No. Proje�t Locafiion Year Work (mi.)
1. Main Ave. S. from one2001
half block north of 8�' St.
So. to 20�' St. So. Asphalt Overlay 1.10
$275,Ofl0
2. Main Ave S. and 12`'' St. S. 2001 Traffic Signals n/a $60,000
3. Medary Ave. So. From2002
15``' St. So. �'0 22nd S�. So. Asp�alt S�rfacing 0.67
$200,000
4. Western Ave. from 6�' St. to
US 14 ByPas� 2003 �rinding&Overlap 1.0 $165,000
. This resolution supersedes Resolurion No. 13-99, dated February 16,1999.
Resolution No. 98-99—Financing of Multi�lex . Motion�as made by Artz, seconded by
M�Clemans,�ppt�oving Resolutifln No. 98-99 pertaining to financing of multiplex. All
members present voted YES, except Bozied;motion carried.
RESOLUTION NO. 98-99
AMENDING �ESOLU'I'ION NO. 72-97 PERTAINING TO FINANCING OF
TH�MULTII'L�.
WHEREAS, Resolution No. 72-97 was adopted by the City Commission of the City
of Brookings on August 11, 1997, and provided therein for the financing of$4,600,000.00
fo�the construction of an agri-plex facility;and
WHERFAS, it was initially contemplated that the financing and construction of said
agri-plex would be done by the Brookings Area MultiPlex Corporation by receipt of a loan
frQm the City of Brookings;and
WHEREAS, the City of Brookings has subsequently elected to construct and own
the agri-plex (MultiPlex) facility and utilize the MultiPlex Corporation as a Manager only;
and
WHEREAS, the agri-plex project has subsequentlp been renamed and referred to as
th� Mul#iPlex Project;and
WHEREAS, it is necessary for the adoption of this Resolution to clarify the source
and use of second penny sales tax revenues for construcbion of the MultiPlex facility, now
th�refore,
BE IT RESOLVED, that the original sum of$4,600,000.00 referred to in
Resolution No. 72-97 be obtained by means of sales tax revenue bond financing and sha11
be utilized for the construction of the MultiPlex facility,which shall remain the property of
th�.City of$�ookings to be manag�d by the MultiPlex Board or such�ther entity as may be
retained for said purposes from time to time.
BE IT FURTHER RESOLVED that it is acknowledged that the bonds have already
be�n issued�c� the �nds�sed for the construction of the MultiPlex Eacility at the time of
the adoprion of this Resolution, however, this Resolution is adopted for the purpose of
clarifying the intention of the City Council regarding ownership and financing of the
MultiPlex Project.
278
Resolution No. 16-00—Street Vacation . Motion was made by Artz, seconded by Bibby,
approving Resolution No. 16-00 a petition to vacate that portion of 10th Street between
32nd Avenue and 34th Avenue. All members present voted YES;motion carried.
Resolution No. 16-00
STREET VACATION
WHEREAS,a petition to vacate has been filed with the City Clerk of the City of
Brookings, and
WHEREAS, the petition was filed in proper form and signed by one hundred
percent (100%) of the adjacent property owners.
NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of
Brookings:
That portion of 10`� Street between 32°d Avenue and 34�'Avenue is hereby vacated.
R�solution No. 19-00—Fund Transfer. Motion was made by Weems, seconded by Bozied,
approving Resolution No. 19-00 transferring of city funds. All members present voted
YES;motion carried.
RESOLUTION NO. 19-00
BE IT ALJTHORIZED bp the City Council that the City Manager be hereby
authorized to make the following trar►sfers of funds:
From MultiPlex Phase II (508)
To Ice Rink Facililty No. (509) $740.00
From Public Improvement(286)
To Ice Rink Facility (509) $200,000
From Libra.ty F�pansion (291)
To Public Improvement (286) $60,609
C�eck Signing. Motion was made by Davidson, seconded bp Weems,authorizing Michael
Williams to sign checks effective 4/3/00. All members present voted YES;motion carried.
00-Q4STI STREET IMI'ROVEMENT PROJECT
Construction Signing Corporation, Sioux Fa11s, SD $44,040.00
Bids —'Third Avenue Pavement Marking Project. Motion was made by Artz, seconded by
Davidson, awarding the bid to Construction Signing Corpora.tion for$44,040 for Third
Avenue Pavement Marking Project(00-04STn (Bid Letting was on 3/14/00). All members
present voted YES;motion carried.
00-01STI CURB & GUTTER&SIDEWALK PROJECT
Schedule A �chedule B
B&B Concrete,Brookings, SD $62,850 $39,680
John's Construction,Pipestone,MN $64,640 $20,800
Carstensen Contractin� Pipestone, MN $87,875 $128,000
Carl Carlson, Sioux Fa11s, SD $91,250 $37,696
Smith&Smith,Tea, SD $ 73,925 $34,560
Bids —Curb, Gutter, and Sidewalk Re�air Project. Motion was made by Bibby, seconded
by Weems,awarding the bid to B &B Concrete for$62,850 for Schedule A of the Curb,
Gutter and Sidewalk Repair Project (OQ-01SWR) (Bid Lettingwas on 3/21/00). All
279
members present voted YES; except Bozied abstained;motion carried. Action on award
of Schedule B was deferred until the next meeting to conduct a legal review.
Construction Manager—Ice Facilitv . Motion was made by Davidson, seconded by
McClemans, approving the award of the construction management contract for the Ice
Facility to Greystone Construction. Motion was made by Bozied, seconded by Weems to
table and hold an open discussion on the issue at the April 3, 2000 Planning Session with
final approval at the April 10,2000 Council meeting. All members voted YES, except
Bibby, Davidson and Herriott;motion carried.
Motion was made by Davidson, seconded by Weem, to recess. All present voted YES;
motion carried.
City Attorne�Selection . Motion was made by McClemans, seconded by Bozied, to accept
proposal from Steve Britzman for city attorney. Motion was made by Herriott, seconded
by Bibby, to amend the motion by substituting the following. That the Glover firm be
appointed as City Attorney and that an agreement covering such services and compensation
therefore be submitted to the Council at its planning meeting Apri13 for review and
discussion with formal approval to be considered at the regular council meeting April 10,
2000. Motion was made by Davidson to cast secret ballot. Davidson withdrew his -
motion. On the motion to amend, Herriott,Artz,Bibby voted YES and Davidson,Bozied,
McClemans and Weems voted NO;motion failed. On the original motion, all present
voted YES;motion carried.
Brookings Area Multi�lex Agreement. Motion was mad� by Artz, seconded by I�erriott,
approving an Agreement for the Brookings Area Multiplex, Inc. between�the City, County
and Multiple�Board. Motion was made by Weems, seconded by Bozied, to table and
request the new city attorney review the agreement. .All members present voted YES;
motion carried.
Cit�-Multi�lex Management Contract. Motion was made by Weems, seconded by
McClemans, to defer action on the City-Multiplex Management Contract and request the
new city attornep review the contract. All members present voted YES;motion carried.
City Manager's Re�ort. A1 Thelen, Interim Manager, reported that the petitions filed to
refer Ordinance 4-2000 only received 240 signatures and 506 signatures were required to
refer.
Council Members O�en Discussion.
Construction Management Contract. Motion was made by Davidson, seconded by Bibby,
to change the informational discussion on the construction management contract for the
ice facility to an action item on Apri13, 2000. All present voted YES;except Bozied;
motion carried.
SDSU S�ring Forum . The Council agreed to participate in the SDSU Spring Forum on
Monday,April 17,2000 at 530 p.m.
Executive Session . Motion was made by Davidson, seconded by Weems, to go into
e�ecutive session for legal matters with Attorney Sandra Hoglund,Tracy Dahl-Webb,Al
Thelen, Mike Williams and Shari Dunn present. All members present voted YES;motion
carried. Motion was made by Davidson, seconded by Bibby, to come out of executive
session. All members present voted YES;motion carried.
Funding A�ea1 on Bozied vs. City of Brookings . Motion was made by Artz,seconded by
Bibby,approving to further fund and proceed the appeal on the Bozied vs. City of
Brookings Lawsuit. Motion was made by Weems, seconded bp Davidson,to amend the
motion capping funding at$3000 additional from totalloss to date. All present voted YES;
except McClemans voted NO and Bozied abstained, motion carried. On the motion as
amended,Artz,Bibby, Davidson and Herriott voted YES,Weems and McClemans voted
NO,Bozied abstained;motion carried.
280
Legal Counsel for Mills Construcrion Dis�ute. Morion was made by Davidson, seconded
by Weems, to employ Mr. Michael A. Hauck, Quaitance, Hauck&Mullen, P.C., as special
legal counsel in regards to dispute with Mills Construction. All members present voted
YES;motion carried.
Motion to adjourn was made by Bibby, seconded by Davidson. Council meeting adjourned
.
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