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HomeMy WebLinkAboutCCMinutes_2000_04_24 287 Council Chambers Apri124, 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 Arta: Michael Williams, City Manager, and Steve Britzman, City Attorney, were present. Consent A e� nda . Resolution No. 24-00 was removed from the consent agenda. Motion was made by VVeems, seconded by Bozied,to approve the consent agenda as amended which inciuded the regular April 10, 2000, the agenda, action on Resolution No. 23-00 establishing fees for second autamated receptacle for Automated Garbage Collection. All members voted YES;motion carried. RESOLUTION NO. 23-00 Establishing Monthly Charges for Collections of Refuse in the City of Brookirigs, South Dakota. Be It Resolved By The City Of Brookings As Follows, TO WIT: I. Mtit�hlv Charges For Famil,y Domestic Units � _ The cost of collection and disposal of refuse for family domestic units sha11 become a charge against the occupant of each dwelling and sha11 be payable monthly together with other public service charges as defined by this City. A fair and reasonable charge for the collection of refuse at each regular collection time, from each domestic unit shall be ten dollars ($ 10.00) plus sales tax per month. The monthly charge sha11 be based on one automated cart provided by the City or one or more flytight container(s)provided by the citizen for those areas not yet served by the automated collection system. The monthly charge shall be based upon once a week pickup for garbage and refuse and once a week pickup for recyclable material. A fair and reasoriable cha.rge for a second automated cart provided by the City for the collection of garbage and refuse shall be two dolla.rs and fifty cents($2.50)plus sales tax per month. Yard waste(grass and leaves)will be collected once per week. The yard waste will be collected in special bags sold by the city at various locations. A fair and re�sonable charge for the bags to cover the cost of the bags, the collection and composting activity sha11 be seventy five cents ($.75) per bag. The various locations may charge an agent's fee. II. MonthlkCharges far Commercial Establishments The cost of collection and dispos�l of refuse from commercial establishments or the public schools or any other institution or facility not othervuise classified�herein shall become a charge against the occupant of such commercial establishment and shall be payable monthly tagether with other public services as defined by this City. A fau'and reasonable charge for collection of the contents sha11 be a m�nimum of twenty-five dollars ($25.00) plus:sales t�per month for five(5) cans or five(5) sealed bags with an additional charge of five dollars ($ 5.00)plus sales per can o�sealed bag thereafter. Apartments and other institutions or facilities utilizing containers for trash receptacles, shall be charged fifty-one dollars($51.00}plus sales tax per tnonth for a one and one-half (1 1/2) cubic yard container, sixty-five dollars($65.00)plus sales tax per month for a two (2)cubic yard cont�iner, seventy-tine dollars($ ?9.00)p�i��'sales tax per month for a 3 cubic yard container and ninety-three dollars ($ 93.00)plus sales tax per month for a four(4) cubic yard container. Said charges shall be based upon a twice a week pickup. The charges for.each additional pickup per week at the same location, v�ith the necessity of moving the collection vehicle sha11 be twenty dollars($20.00)plus sales t�for one and one-half cubic yard container; thirty dollars ($ 30.00)plus sales ta�for a two (2) yard 288 container, forty dollars ($ 40.00) plus sales tax for a three (3)yard container, fifty dollars for a four(4)yard container. Bills and Claims paid on Apri128, 2000 Grolier Publishing, materials, 200.56; Gas N Mor, fuel, 1,438.78; Lawson Products, supplies, i89.06; Visa, fuel, 33.01; Active Data Systems, supp�ies, 61.93;F. Ysker, training, 100.00; 7. Oines, training, 75.00; Builders Supply Co., supplies, 2,599.62;Pitney Bowes, maintenance, 303.32; Chief Supply Corp., supplies, 1,710.48;Weiss Rating Inc, materials, 184.95; Brkgs Area MultiPlex, subsidy, 14,888.00; Cenex, fuel, 97.48; Bonde Signs, supplies, 319.00;Restorations LTD, services, 150.00; Vide-O-Go, materials, 189.85; Jewell Nurseries, supplies, 1,111.81; US West, materials, 219.47; Carquest Auto Supply, supplies, 172.43;Nielsen's, repairs, 78.78; Aesoph Group, contract, 803.67; Auto Body Specialties, supplies, 306.75; Brkgs TV&Electronics, supplies, 91.20; American Liner�, supplies, 25.00; Baker& Taylor, materials, 157.92; Baker& Taylor Entertainment, materials, 10.17; S. Britzman, contract, 3,775.00; Banner& Assoc., MultiPlex, 10,616.78; Battery Zone, supplies, 55.69; B &B Concrete, sidewalk pjt, 17,390.15;Bea1 Dist., beer, 49,122.05; Eugene Beckman& Sons, supplies, 113.09; Bierschbach Equipment, supplies, 4.60; Joe Schmitz Bookseller, materials, 59.88;Bound to Stay Bound Books, materials, 592.27; Bowes Construction, snow removal, 657.00;Bozied Oil Co., services, 155.00; Brkgs Conservation Dist., contribution, 100.00; Brkgs Register, advertising, 1,130.14; Brkgs School Dist., reimbursement, 526.82; Central Business Supply, supplies, 50.39; Buhl's Rug Rental, rent, 42.90;Butler Machinery Co., supplies, 218.64; Carlson Dist., beer, 23,453.70;Brkgs Human Resources, insurance, 12,881.73; True Va1ue Hardware, supplies, 32U.Q1; Cook's Office Products, supplies, 37.80; Cook's Wastepaper& Recycling, 2,500.00; Dakota Beverage Co., beer, 28,340.70;Dakota Service&Repairs, supplies, 207.33; Dakota Tool& Surplus, supplies, 41.98; SD Dept of Revenue, license, 25.40; Don's Body Shop, parts, 849.90; Downtown Tire, repairs. 189.48; Dust Tex, rent, 63.32; ETD, materials, 84.62;Einspahr Auto, repairs, 565.09; C. Teal, training, 100.00; LG Everist, supplies, 92.36; Farmers Coop, supplies, 262.77; Farmers Implement, parts, 283.01; Fifth Ave. Alterations, supplies, 28.00; FNB Gold Visa, supplies, 268.00; FNB Visa, travel, 59.95;B. Fite, training, 100.00;Foerster Dist, supplies, 383.25; Franklin Covey, supplies, 94.8Q; Ga1e Research, materials, 1,288.90; Galls, supplies, 916.95; Gaylord Brothers, supplies, 42.48; George's, supplies, 139.25; Glover Helsper Rassmussen, services, 455.00; Lexis Law Publ., materials, 30.85; Grainger, supplies, 160.04; Graybar Electric, supplies, 14.09;United Building Center, supplies, 55.98; Harold's Photo Center, supplies, 94.15;Harold's Printing, supplies, 294.75; Heiman Fire Equipment, supplies, 169.06; D. Henderschiedt, training, 100.00; R. Hersrud, training, 100.00;Homestead Building, supplies, 486.54; Houchen Bindery, materials, 98.40; Homeastead, supplies, 5.10; Info USA Marketing, materials, 398.00; Ingram Dist., materials, Z,I I8.47; Insty-Prints, supplies, 9.60; Into�meter's Inc., supplies, 205.91; Johnson Brothers, liquor/beer, 43,698.00; G. Jongeling, reimburse travel, 197.00; D. Karolczak, training, 100.00; Law Enforcement Equipment, supplies, 480.00; J. Lenander, training, 100.00; Library Video, materials, 278.72;Martin's Inc., supplies, 1,183.06;R. McGrath, travel, 65.00;M& S Business Cleaning, services, 2,151.00; Mid American Specialties, supplies, 972.31; Midwest Turf& Irrigation, mower, 12,747.00; D. Nagel, training, 100.00;Natl Geographic Society, materials, 13.90;Natl Recreation and Parks, subscription, 50.00; Med-Tech Resource, supplies, 26.93; Sprint PCS, services, 481.48; NW Public Service, services, 950.61; Designery, supplies, 342.00; D. Palm, training, 100.00; Paula Motors, parts, 40.95; Penquin Putnam, materials, 60.00; Perry Electric, repairs, 206.87; Plainsco, repairs, 216.81; Preferred Woodwork, supplies, 2,800.00; Prussman Cantracting, services, 969.00;D. Quam, training, 100.00; Quill Corp, supplies, 273.80; Retiable, supplies, 133.89; Reynolds Printing, supplies, 63.14; Reed's Electronics, repairs, 64.90; Rushmore Safety Supplies, supplies, 13.91; Runnings, supplies, 865.50; Rykhus-Nelson Siding, supplies, 36.00; Sanitation Products, repairs/parts, 1,804.66; Northern Truck Equipment, supplies, 108.20; P. Schullo, training, 100.00; Sioux Fa11s Two Way Radio, maintenance/supplies, 439.80; SD Dept of Labor, advertising, 47.40; SoDak Distributing, liquor/beer, 12,650.66; Sound Station Seven, supplies, 44.00; SD Wildlife Federation, materials, 15.00; SD Firefighters Assn, dues, 465.00; D. Spaulding, contract, 8,252.46;Pheasantland Industries, supplies, 30.99; R. Olson, travel, 376.64; Tessman Co., supplies, 337.80; Time Life Education, materials, 14.96; Tom's TV, parts, 289 8.96; TV Productions, advertising, 113.08; Uniforms Unlimited, parts, 39.25;US Postmaster, postage, 2,000.00; Vantek Communications, repairs, 1,540.25; Waltz Const., services, 296.00; Wa1Mart, supplies, 749.70;Leef Brothers, supplies, 22.31; J. Weverka, training, 100.00;P. Wha1e, reimburse, 30.00; Wheeldon's, parts, 6.80; Wohlenberg, Ritzman& Co., services, 7,600.00; Farm&Home Publishers, supplies, 57.40; Pinnacle Dist., supplies, 1,068.21; Lab Safety Supply, supplies, 232.41; HyVee, supplies, 11.28; RDO Eqiupment, supplies, 167.80; Country General, supplies, 110.03; CommNet Cellular, service, 44.63;M& T Fire& Safety, supplies, 1,286.00; Millborn Feed& Seed, supplies, 225.00; R R Bowker, materials, 197.95; Ordinance No. 9-00—Animal Hospitals&Kennels . A public hearing was held on Ordinance No. 9-00 on zoning amendments pertaining to animal hospitals and kennels in the Ag zone. All present were given an opportunity to be heard. Motion was made by Bozied, seconded by Bibby, approving Ordinance No. 9-00. All members voted YES; motion carried. Resolution No. 26-00—Contin�encv Transfer to Special Legal Services Fund. Motion was made by Artz, seconded by Weems, approving Resolution No. 26-00 to transfer from the contingency fund to the Special Lega1 Services Fund. All members voted YES; except Bozied abstained, motion carried. RESOLUTION NO. 26-00 WI�REAS, at times there is a need for contracted legal services outside of the scope of the retainer agreement with the City Attorney, and WI-�REAS, the City Council approved a specific amount to be spent on the Bozied case, and WHEREAS, the City Council approved the use of a firm other than the City Attorney in the Mills dispute, and WHEREAS, there is under$500 of outstanding legal services provided by Alan Glover that were outside the scope of that retainer agreement, WHEREA5, other contracted services may be necessary; NOW TI�REFORE BE IT RESOLVED that $18,500 be transferred from the contingency to the legal services budget thereby amending the 2000 budget, and IT IS Fi1RTI-�R RESOLVED that the"cap" established by motion on March 27, 2000 for legal services for the Bozied case be extended an additional $500.00. Resolution No. 25-00—Runwav Safety Area Survev Agreement with Banner . Motion was made by Weems, seconded by Davidson, approving on Resolution No. 25-00, Runway Safety Area Survey Agreement with Banner Associates, Inc. All members voted YES;motion cairied. RESOLUTION NO. 25-00 RUNWAY SAFETY AREA SURVEY AGREEMENT WITH BANNER ASSOC., INC. WHEREAS, FAA Order 5200.8 "Runway Safey Area Program" requires a survey of the Runway Safety azea at all federally funded aiiports. AND WHEREAS, Banner Associates of Brookings, SD has prepared a proposal to provide said services on an hourly basis with a not to exceed amount of$14,300. NOW TI�REFORE, BE IT RESOLVED that the City Manager be hereby authorized to execute said agreement for the City of Brookings. 290 Deputv Cit,y Attornev . Motion was made by Artz, seconded by Bibby, to accept the contract as presented approving the appointment of Mark Kratochvil as a Deputy City Attorney and authorize the Mayor and Clerk to sign the legal services agreement. Motion was made by McClemans, seconded by Bozied, to defer action until the end of the meeting. All present voted YES; motion carried. Library, Sales Tax Revenue Bond Amendment . Motion was made by Bozied, seconded by Weems, approving an amendment to the Library Sa1es T�Revenue Bond. All members voted YES; motion carried. Abatements. Motion was made by Bozied, seconded by Weems, approving a request for an abatement received from Alan Rogers for the W95' Lot 1, Block 2, Wheaton's Addition, for a portion of 1999 property taxes in the amount of$192.16 and E70' Lots 1- 2 and the vacated alley of Block 2, Wheaton's Addition for$1,451.73. Mr. Rogers sold these parcels to the State of South Dakota. The instrument date of these sales was May 10, 1999, which qualifies the"granto�" for an abatement period of 8 months, on both, for this portion. The County Assessor recommended approval. A�1 members voted YES; motion carried. Motion was made by Bozied, seconded by Weems, approving a request for an abatement received from the State College Development Association for Lot 8, Block 4 (SOx165) Randi Peterson's Addition, for a portion of 1999 property taxes in the amount of $1,104.49 and the W65' of Lot 10, Block 4 (65x50)Randi Peterson's Addition for a portion of 1999 property taxes in the amount of$958.72. The State College Developmeirt Association sold these parcels to the State of South Dakota. The instrument date of these sales was April 5, 1999, which qualifies the"grantor" for an abatement period of 9 months, on both, for this portion. The County Assessor recommended approval. All members voted YES; motion carried. Motion was made by Bozied, seconded by Weems, approving a request for an abatement received from the H&M Land Company, Inc. for Lot 9, Block 4, Randi Peterson's Addition, for a portion of the 1999 property taxes in the amount of$817.55. The H&M Land Company, Inc. sold this parcel to the State of South DakotalSDSU. The instrument date of this sale was May 18, 1999, which qualifies the"grantor" for abatement period of 7 months. The County Assessor recommended approval. All members voted YES; motion camed. Motion was made by Bozied, seconded by Weems, approving a request for an abatement received from Mike Reisetter for Lot 1,Block 14, Camelot Square Addition for a portion of the 1999 property taxes in the amount of$439.44. Mr. Reisetter sold this 1.72 acre parcel to Brookings City. The instrument date of this sale was December 17, 1998 which qualifies the grantor for an abatement period of 12 months. The County Assessor recommended approval. All members voted YES; motion carried. 2001 Budget Process& eapital Improvement Plan . Motion was made by Bozied, seconded by Weems, approving the 2001 Budget Process and 5 year Capital Improvement Plan. All members voted YES; motion carried. Resolution No 24-00—Fees Pertaining to PortableBa.nner Si�nage . Motion was made�y Weems, seconded by Artz, approving Resolution 24-00, fees pertaining to portable and banner signage. All members voted NO; except Weems, motion failed. City Nianag;ers Report. In additian to his written report, City Manager Mike Williams noted suggestions the Auditors made during their exit interview that included the city pursuing other types of financial software packages and software to handle fixed assets. Executive Session for Leg�al Matters. Motion was made by Bozied, seconded by Davidson, to eirter executive session for pending litigation with attomey Michael Hauck, City Manager, City Clerk, City Attorney and City Engineer present. All present voted YES;motion casried. Motion was made by Davidson, seconded by Weems, to come out 291 of executive session. All present voted YES; motion carried. Motion was made by Bozied, seconded by Weems, to authorize Michael Hauck to proceed with mediation with Mills Construction and handle the lawsuit with the Miller, Sellers& Heroux. All present voted yes; motion carried. Motion was made by McClemans, seconded by Davidson, to go into executive session for legal matters with the City Manager, City Clerk and City Attorney present. All present voted yes; motion carried. Davidson left the meeting at 8:25 p.m. Motion was made by Bibby, secon�ed by Artz, to leave executive session. Citv Attorne�. Motion was made by Bozied, seconded by McClemans, to reconsider the payment of the city attorney to hourly instead of a retainer. Bozied withdrew his motion. On the original motion, all present voied yes; exce}�t Davids�n vvas abseni, motion carried. Motion to adjourn was made by Bibby, seconded by Weems. Council meeting adjourned at 8:45 p.m. �. ���o�''�e;�a o��Of� S t MA� �o��, Mayor 2� 1�39 i.,'� G'�, O r\� Ci