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
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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,
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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.
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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
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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.
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