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HomeMy WebLinkAboutCCMinutes_2008_05_27 94 Brookings Ciry Council May 27, 2008 The Brookings Ciry Council held a meeting on Tuesday,May 27, 2008 at 5:00 p.m., at Ciry Hall with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley (left at 6:30 p.m.),Mike Bardey,Ryan Brunner,Titn Reed,Mike McClemans, and Tom Bezdichek. City Manager Jeffrey Weldon,Ciry Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Community Health Promotion. One the Ciry Council's strategic goals for this year is to develop a community wellness uiitiative which forges partnexships into a community gYass-roots coalition designed to promote health and wellness. A subcommittee of the Mayor, the City Manager, and SDSU Health Promotion officials Matt Vukovich, September Kirby, and Andrew Creer have been working on this project. The subcommittee has found that health students at SDSU are in need of intern ptogram opportunities and would be available to provide the hands-on technical aspects of managing programs that are designed to integxate such programs and their development. The pxograms would be multi-faceted focusing on nutrition and exexcise programs for all age groups, extensive public education, holding special community events,partnering with othex entities such as City Recxeation, the hospital and clinics,and community health and fimess businesses. What's more,with a recuxring crop of students needing internships, the program could be self-sustaining. T'his issue relates to one of the Council's Quality of Life Goals that integrates wellness into community recreation programming. More work and xesearch needs to be done starting with discussions for possible parmexships with the private health clubs. Creer and Kirby gave a PowexPoint presentation and responded to questions. Classrnom to Community: u.ring HSC 494 to provide community svellne.r.r p�ngramming Phyricallnactivity: Phy�ical activity (or inactiuity)in America — SS%of adult.r don'tget enough activity — 25%are.redentary A.r a re.rult... — 2/3 of the adult population in the US i.r ovenveight and 1/3 of them are obe.re • 25%in South Dakota(From healthyamerican.r.or� — 7% of the adult population in the US i.r diabetic — Physical inactivity and a.cedentary life.rtyle lead to 1: cardiova.ccular di.rease,c which include.r conge.rtive heart failure, hyperten.rion, athero.rclero.ri.r, hyperchole.rterolemia, cardiomyopathy, coronary heart di.cease;2: metabolic di.rorderr including diabete.r, obe.rity and being ovenveight;3: cancer including, but not limited to b�ast, colon,prn.rtate, and lun�•4: pulmonary di.rea.res.ruch a.r emphysema, chronic bronchiti.r and a.rthma;5: p.rychological di.rorder.r like depre.r.rion, mood, an.xiety;6: mu.rculoskeletal di.rorders that can range from lozv back pain, o.rteoarthriti.r, bone fracture.r and connective ti.r.rue tear.r, to o.rteopornsi.r. Benefit.r of regularphy.rical activity include: — Prevention of cardiac event.r — Reduced incidence of.rtroke, HPT, type 2 diabete.r, colon and brea.ct cancerr, o.rteoporntic fracture.r, gallbladder di.rease, obe.rity, depre,r�ion, and anxiety — Delayed mortality ACSM(2007) — To pmmote and maintain health, all healthy adult.r aged 18-65yrr need the following: — _>30 min of moderate inten.rity aernbic exercz.re (64-76%HRmaac)S d/u�k, or... — _>20 min of vigorou.r inten.rity exerci.re (77-93%HI�ma�c)3 d/wk. — Combination.r of moderate and vzgorou.r inten�ity activity can be performed to meet thi.c recommendation. — Example.r of moderate amount.r of phy�ical actiuity—thi.r li.rt contain.r examples of moderate amount,r of phy.rical activity. (A moderate amount of�ihy�ical activity i.r roughdy that svhich ure.r app�n.ximately 1 SO kcal energy per day, or 1,OOOkcal per u�eek. Some activitie.r can be�ierformed at variou.r inten.ritie.r the.rugge,rted duration.r corre,cpond to e.xpected inten.rity of effort.) More vigorou.r activitie.r, ,ruch a,r,rtair-climbing and runnin� requi�le.r.r time(1 S minute.r). On the other hand, le.r.c vigorou.r activitie.r, like wa.rhing and u�axing the car, require more time(45 to 60 minutes). • Le.r.r uigorou.r, more time: zva.rhing and�vaacing a car for 45-60 min, �va.rhing urindow.r or floor.r for 45-60 min,playing volleyball for 45 min,playing touch footbal!for 30-45 min, gardening for 30-45 min, u�heeling.relf in ivheelchair for 30-40 min, ivalking 1.75 mik.r 95 (2.8 km) in 35 min (20 min/mile pace), ba.rketball(,rhooting ba.rket.r)for 30 min, bicycling S miles(8.0)for 30 min, dancing fa,rt(.roczal)for 30 min,pu,rhing a.rtroller 1.5 mile.r(2.4 km)for 30 min, raking leave.r for 30 min, lvalking 2 mile.r(3.2 km)in 30 min (15 min/mile pace), and water aeral�ic,r for 30 min. • More vigorou.c, le,r.r time: .rzvimming lap.r for 20 min,tblaying�vheelchair ba.rketball for 20 min,playing ba,rketball for 15-20 min, bicycling 4 mile.r(6.4 km�in 15 min,jumping rope for 15 min, running 1.5 mile.r(2.4 km)in 15 min (10min/mile pace), .rhoveling .rnoui for 15 min, and.rtair walking for 15 min. *Data from U.S. Department of Health and Human Seruice.r, 1996, Phy.rical Activity and Health: �i Report of the Surgeon General—�t a Glance (6Ylashington, D.C.:Author), 2. — The flctivity Pyramid.• • Cut doum on.rurfing the�veb,playing video game.r, watching TV • 2-3 time,r a sveek (at least 20 minute.r)— 1: lei.rure activitie,r—miniature golf/golf, volleyball, boavling, or dancing;2: .rtrength d�'fZe.xibility—pu,rh up.r/curl up.r, martial art.r (Karate,Judo), lifting�eight,r, oryoga • 3-5 times a zveek (at lea.rt 20 minute.r)— 1: aerobic exerci.re—.rkating/.ckateboardin� running, .rrvimming, bri.rk avalkin� or bikin�•2: recreational actiuitie.r—tennis, hiking, .roccer, or basket6all • Everyday (a.r much a.r po.r.rzble)—take the.rtair.r, u�alk in.rtead of drzve/ride, do tvork around the hou.re, ivadk the dog or play out.ride. Stride.r to a Healthier Community • Stride.r to a Healthier Community(STHC) — South Dakota Department of Health • Five.rtrategie,r to prevent obe.rity and chmnic di.rea.re — Increase fruit and vegetable intake — Decrea.re TV viewing — Caloric intake and guality of diet — Increa.red PA — Promote brea.rt feeding • Sugge,rtion.r for implementing the.re.rtrategie.r are contained in STHC — See STHC pg.r 19-22 — htt�://iv�vw.healthv.rd�ov/document.r/StrideCommunity,�d{ HSC 494 • HSC 494-Intern.rh p in Health Promotiort — Thi,r cour.ce i,r de.rigned to prnvide practical experience in a variety of a.rpect,r of health pmmotion in a p�nfe.crional environment. — Each.rtudent will be a.crigned dutie.c that aid in prouiding:vellne,c.c,rer�rice.r to the Bmoking.r community to accompli.rh thi.r goal — All.rtudent.r�rill be under the supenri.rion of the Healdh Promotion Faculty • Prnpo.red HSC 494 involvement u�ith Brnoking,c community�vellne.r.r — Individual fitne.cr con.rultation.r • Perroreal fitne,cr evaluation,r • Body compo.cition, blood work, CV fitne.c.r • Ba.ric exerci.re programming • Aernbic and re.ri.rtance exerci.re • Tracking with Perronal Health Journal • ivrviv.healthy,rd.gov — Health Pmmotion topics addre.r.red through the academicyear...with the intention of creating ayear round pmgram. • Student developed monthly neJV.rletter • zveekly motivational email.r • Monthly community pr�.rentation.r and Tvork.rhop.r add�.cring u�ellne.rs redated toj�ic.r — Development of pmgramming in conjunction with STHC • Implement program.c pertaining to the five.rtrategie,r to prpvent obe.rity and chronic di.rea,re outlined in STHC • Initially, focu.r:vill be placed on increa.ring PA and impmving dietary habit.r Nece.r.rary 1�esources • Financial a.rsi.rtance — To cover blood�vork a.r part of the initial.rcreening proce.rs — To he p zvith marketing of the communaty svellne.rs program, a.r u�ell a.r monthly svork.rho�i.r and pre.rentations 96 — To set up a data6ase for all participant.r to track data — F..rtal�li.rh intern.rhip o�iportunitie.r for.rtudent,r • Important foryear round programming Projected Outcome.r • Theprogram a.r currently defined would addre,r.r the follolving.rtrategie.r for increased PA outlined in STHC — Conduct community-lvide healthy eating and PA.rpecial event.r,fitne.r.c con.rulting, and media campaign.r — Promote.rustained PA l'fe.rtyle.r for adults — Pmvide information prnmoting PA and current op�ortunitie.r to particzpate Future Direction • Create a fully functional Communrty Wellne.r.r prngram directed by Health Promotion.rtudent.r pmviding... — Community activities and events addresaing all fzve.rtrategie.r to prevent obesity and chrnnic di.rea.re — Grou�i a.r well a.r individual in.rtruction — Education regarding all a.rpect.r of wellne.c.r — Support and encouragement — Collaborative ofiportunitie.c svvzth other communitygroup.r Munsterman said this is a great opportunity for Brookings citizens to have personalized attention for wellness and requested Council support towards this project which may include financial assistance. A few years ago the City participated in the "buddy program" and provided some fmancial assistance for lab testing. In addition to SDSU,another partner in this new program could include the Brookings Health Systems. The subcommittee was asked to approach the Hospital and members of the Council will provide assistance if needed. It was noted that the City Park and Recreation programs will be key in this program (ie. lifestyle activities,bike path) and there may be ways to partner and integrate programs. The group was asked to come back to the City Council to report on issues,policies and barriers. City Council Goals. The Brookings City Council and City Manager participated in a facilitated strategic goal setting session at the Swiftel Center on March 26, 2008. The City Manager reviewed a draft City's Capital Prnject Prioriti�ation and Goal.r for 2008 developed as a result of that session. The Capital Pxoject Prioritization was listed in order of priority accompanied with a policy statement, action steps, timeline, schedules,project cost and means of financing,responsible party, performance measures and outcomes for each capital project and/or issue. Each of the goals listed in the document relates to Quality of Life, Economic Develo�ment, Par�nerrhip.r, .Fi.rcal Re.rponsibility and Governance. Formal council review and adoption of the goals is scheduled for June 10`h. Report on ICSC Conference. City Council Members Mike Bartley and Tim Reed, City Manager Jeff Weldon, BEDC Director A1 Heuton,BEDC Marketing Coordinator Robin Archer, attended the International Council of Shopping Centers (ICSC) "RECon: 'I'he Global Retail Real Estate Convention" in Las Vegas May 18-21. The Convention is known as the largest real estate convention in the world with over 50,000 attending educational sessions,workshops and trade exposition where developers,govemment leaders,retailers and lenders come together to network and conduct business. The City of Brookings is a member of ICSC and city representatives attended their first conference in 2007. Reed thanked A1 Heuton for making all the appointment arrangements,noting the group had more appointments this year than the previous year. Bardey said the conference is overwhelming with 40,000 participants. He feels it is important to make a commitment to attend the conference for five years in order to see benefits. The group was already ahead of the average number af appointments fox year two. Weldon said it's hard to quantify a conference like this when trying to gauge results,measure outcomes, and assess value. Understanding that this is a five year commitment is important. It's a game of"inches"like football. He said the group plans to meet to debrief and develop strategy steps to build upon the investment made. 97 Government Access Channel Policv The Council reviewed a draft Govemment Access Channel policy on MaYCh 11`h. The policy is modeled after the City of Sioux Falls' CityLink Channel policy and addresses the management of the site and appropriate programming content. In hex repoxt,Thornes noted that Mediacom is required to provide a public access channel to the City of Brookings under their Cable Franchise Agreement. On March 10, Mediacom Channel 9 became under the management of the City. The purpose of the channel is to provide the public with information regarding governmental issues and events,making government more open and accessible. The primary use of this channel is to cablecast live city meetings and replay previously recoYded city meetings, along with any othex video production. Future formatting may include other government related meetings beyond the City Council,Town Hall meetings, Candidate Forums, and Video production pieces on city issues and activities. Also included Lvill be a bulletin board system which is to be a web based user intetface with the ability to pre-program through a series of templates foY information to include text,images, and graphics backgrounds. Othex examples of prograrruning are the City calendar, photos,maps, zoned screen with message bar for updates, current weather lines,news releases, top AP stories, pYOmotional pieces,information on various upcoming city issues,website links, and historical information. Since MaYCh 11``', the City Council meetings have been broadcast live on Channel9 and replayed during the week. The City Council briefly discussed the policy and rebroadcast schedule and determined the following schedule: Wednesdays at 1:00 p.m.,Thursdays at 7:00 p.m. and Fridays at 9:00 p.m. The Council asked for the City Clexk to seek input from citizens on these times and see if these were appropriate or if other days and times would be better and will revisit this issue if needed. Thornes said she has asked for public comment regarding the schedule, but did not xeceive any recommendations for changes. Thornes said for those who don't have Mediacom, the meetings can also now be viewed on the city website. She noted that that these are not live stream. She noted that ITC is also interested in rebroadcasting the meetings on their channel. Several Council membexs have expressed intexest in live streaming the meetings. At that March meeting Council Membex Whaley asked how many Brookings' citizens have access to Mediacom and this channel. Thornes said at that time that live web streaming was evaluated when the multi- media system was designed, but decided against it due to the broadband width needed to run the system. Part of the concern is handling the bandwidth. If 20 people logged on at same time,it would choke the system and there's no way to know how many people would log on fox live stream. Another option Thornes has looked at would be to use a hosted service for a while. The host would provide all bandwidth needed and link to the stream. Fifty users could log in and there'd be no crashes. If the Council wanted to pursue that route, she recommended the usage be monitoxed for 3-4 months to determine how many use the system. Hosting cost is estimated at$250 per month (fee based on number logging on, the amount of data processed and hancU.ed,and the amount of bandwidth used). The Council agreed to proceed with live stream for foux months to assess the interest. The length of retention of the council meetings has alxeady been discussed and the Council determined that the images would be retained for three (3) months. There is no statutory requirement to retain the meeting on video or digitally. During that time citizens may request a copy of the image,which can be provided at a fee of time plus materials. Cuxrently, the content of the Channel is used solely for city governmental use. The Council may wish to consider possible paxtnering opportunities with other governmental entities. ACTION: A motion was made by Bardey, seconded by Reed, to authorize live streaming the council meeting on the website for the next four months. All present voted yes;motion carried. The Council will take formal action to adopt the policy on June 10`h 6:00 P.M. CITY COUNCIL MEETING Consent Agenda: A motion was made by Reed, seconded by Brunner,to approve the consent agenda. A motion was made by Bartley, seconded by Bezdichek, to amend the agenda to add as Item #22A, action to remove Resolution No. 29-08 from the table, a liquor operating agreement for BraVo's. All present voted yes on the amendment. A. Action to approve the agenda, as amended. 9 � B. Action to approve the May 13, 2008 minutes. C. Action on an Abatement request from Robert and Lisa Buchholz to abate a portion of the 2008 taxes in the amount of$246.63 for Parcel#40995-00021- 703-00 Mobile Home in Western Estates. D. Action to approve a preliminary plat for Lots 1-16, Block 3, Kreyger's First Addition. E. Action to appoint Rob Peterson as the SDSU appointment to the Swiftel Center Advisory Committee. F. Action on Resolution No. 40-08, a Resolution to award bids for the 2008- 01SWR, Sidewalk Repair Project. Resolution No.40-08 Resolution Awatding Bids on Project 2008-01SWR Sidewalk and Curb&Gutter Project Whereas,the City of Bxookings held a bid letting at 1:30 pm on Tuesday,May 20,2008;and Whereas,the City of Brookings has received the following bids for Project 2008-01SWR Sidewalk and Curb&Guttex Project: Conrolidated Beady Mix,Inc.,Brnoking.r �28,800.00 Owenr Enterpri.rer,Brooking.r, ,j41,785.00 Now Therefore,Be It Resolved that the low bid of,�28,800.00 with Con.rolidated Ready Mix, Inc.,of Brooking.r,SD be accepted On the motion as amended, all present voted yes;motion carried. 2"a Reading- Ordinance No. 18-08 A motion was made by Reed, seconded by Whaley, to approve Ordinance No. 18-08,An Ordinance Amending Section 58-36 of the Code of Ordinances of the City of Brookings,South Dakota and Pertauung to Fleeing from a Police Officer in the City of Brookings,South Dakota. All present voted yes;motion carried. 2°a Reading—Ordinance No. 19-08 A motion was made by Reed, seconded by Bartley, to approve Ordinance No. 19-08,An Ordinance Amending Section 82-1 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Definition of Police Officer in the City of Brookings, South Dakota. All present voted yes;motion carried. 2"a Reading—Ordinance No. 20-08 A motion was made by Reed, seconded by Brunner, to approve Ordinance No. 20-08,An Ordinance Establishing Txaffic Rules for Vehicle Operation in the City of Brookings, South Dakota. 82-253. Stop required upon approaching stopped emergency vehicle using signals. All present voted yes;motion carried. 2"a Reading—Ordinance No. 21-08. A motion was made by Bardey, seconded by Reed, to approve Ordinance No. 21-08,An Ordinance Establishing Traffic Rules for Vehicle Operation in the City of Bxookings,South Dakota. 82-254.Yielding right-of-way to emergency vehicles - Duty of driver of emergency vehicle not to exercise right-of-way arbitrarily. All present voted yes;motion carried. 2"a Reading—Otdinance No. 22-08 A motion was made by Whaley, seconded by Reed, to approve Ordinance No. 22-08,An Ordinance Amending Brookings Ordinance Section 82-302 and Pertaining to the Requitement that Speed of a Vehicle be Reasonable under the E�usting Conditions. All present voted yes;motion carried. 2"a Reading—Ordinance No. 23-08 A motion was made by Bardey, seconded by Whaley, to approve Ordinance No. 23-08,An Ordinance Revising Ordinance Section 82-563 and Pertairung to Prohibited Obstruction of Vehicle Windows in the City of Brookings, South Dakota. All present voted yes;motion carried. 2°d Reading—Ordinance No. 24-08 A motion was made by Baxdey, seconded by Brunner, to approve Ordinance No. 24-08,An Ordinance Establishing Regulations Prohibiting Vehicle Windshield and Front Window Obstructions in the City of Brookings, South Dakota. All present voted yes;motion carried. 2°a Reading—Ordinance No. 25-08 A motion was made by Reed, seconded by Whaley, to approve Ordinance No. 25-08,An Ordinance Establishing Regulations Prohibiting Certain Vehicle Windshield Sun Screening Devices in the City of Brookings,South Dakota. All present voted yes; motion carried. 9 � 2"a Reading—Ordinance No 26-08 A motion was made by Baxtley, seconded by Reed, to approve Ordinance No. 26-08,An Ordinance Establishing Regulations PYOhibiting the Operation of ImpropeYly RepaiYed or Adjusted Vehicles in the City of Brookings, South Dakota. All present voted yes;motion carried. 2"a Readin —Ordinance No. 27-08. A motion was made by Reed, seconded by Brunner, to approve OYdinance No. 27-08, an Ordinance Prohibiting Graffiti and Establishing Procedures for Removal of Graffiti in the City of Brookings, South Dakota. All present voted yes;motion carried. Resolution No. 39-08. A public hearing and action was held on Resolution No. 39-08, declaxing the necessity of construction of local alleys (Alley Assessment Project 2008-04STA) (alleys located between 6th and 7th Street and 7th Avenue and 8th Avenue). No comments were received. A motion was made by BaYdey, seconded by Reed, to appYOVe Resolution No. 39-08. All present voted yes;motion carried. Resolurion No.39-08 Proposed Resolution of Necessity Street Assessment Project 2008-04STA Be It Resolved by the City Council of the City of Brookings,South Dakota,as follows: The City Council of the City of Brookings hereby deciares the necessity of paving with a bituminous wearing surface on an asphalt stabilized base course on an alley as follows: Alleys between 6��'Stzeet and 7�h Street and 7�Avenue and 8�'Avenue 1. The general natuxe of the unprovement is above set forth and reEerence for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt fot paving of the alley:One and one-half inch(1 '/z'�asphalt surface course on a one and one-half inch(1 '/z") asphalt stabilized base course on a six inch(6'� crushed gravel base coutse for the alley. 3. The ixnprovement is substantially uniform. The estimated cost is$70.00 per linear foot of alley. The estimated cost per linear foot of alley for paving with one and one-half(1 '/z")bituminous mat on a one and one-half inch asphalt stabilized base course on a six inch crushed gravel base couxse to be paved to a width of 18 feet is$70.00 or$35.50 per side of alley. 4. A description of classes of lots to be assessed is as follows: All assessable lots and ttacts of land lying contiguous to the alley hereinabove described. 5. The method of appoctionment of benefits is as follows:The cost thereof to be assessed against all assessable lots and tracts oE land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessment may be paid over a five-year period and the interest to be charged on the unpaid balance shall be 10%. 6. The above described improvement shall be hereinafter referred to as Street Assessment Pxoject No.2008-04STA,which shall be deemed a description of the improvement of the streets as hereinabove set forth. (Whaley!�at 6:30 p.m.) Resolution No. 43-08. A motion was made by Bardey, seconded by Reed, to approve Resolution No. 43-08,in support of the Safe Route to School grant project. All present voted yes;motion carried. Resolution No.43-08 Resolurion In Support Of South Dakota Safe Routes to School Application WHEREAS, the City of Bxookings supports pxojects and activities that will encourage children to walk and bicycle to school;and WHEREAS,the City of Brookings is desirous in providing routes for childxen to walk and bicycle to school;and WHEREAS, the State of South Dakota has grant funds available for the Safe Routes to School projects;and WHEREAS,the City oE Bxookings is the sponsoring applicant for funds;and WHEREAS,the City is capable of administering the Safe Routes to School pxoject;and WHEREAS,the City is prepared to maintain the new improvements. NOW,THEREFORE,BE IT RESOLVED,that The City Council of the City of Biookings supports the described application for the Safe Routes to School ptoject. � oo Resolution No. 41-08. A motion was made by Bardey, seconded by Reed, to approve Resolution No. 41-08, Resolution Authorizing Change Order #1 (CCO#1) for 2008-03SSI Downtown Streetscape Project. All present voted yes;motion carried. Resolution No.41-08 A Resolution Authorizing Change Order#1(CCO#1)for 2008-03STI Downtown Streetscape Project Winter Brothers Underground,Inc.,Sioux Falls,South Dakota BE IT RESOLVED by the City Council that the following change order be allowed for 2008-03SSI, Downtown Streetscape Project: Construction Change Order Number 1:Adjust estimated bid quantities to revise the water main from the single water main included in the bid documents to a parallel water may system at the appropriate unit prices as bid fox a total decrease of$35,898.00. Resolution No. 42-08. A motion was made by Reed, seconded by McClemans, to approve Resolution No. 42-08,Resolution Authorizing Change Order#1 (Final) for 2007-09BR, Indian Hills Pedestrian Bridge Project. All pxesent voted yes;motion carried. Resolution No.42-08 A Resolurion Authorizing Final Change Order(CCO#1 Final)For 2007-09BR Indian Hills Pedestrian Bridge Mills Construction,Brookings,SD BE IT RESOLVED by the City Council that the following change ordei be allowed for 2007-09BR, Indian Hills Pedestrian Bridge: Construction Change Order Number 1 Final:Adjust contract price to include concrete testing for a total increase of$266.00. Resolution No. 44-08—Real Estate Purchase. A motion was made by Bardey, seconded by Reed, to approve Resolution No. 44-08, a Resolution Authoxizing The Execution Of Real Estate Purchase Agreement (92.3 acres located in the South One-half('/a) of Section Twenty-one (21), Township One Hundred Ten (110) North, Kange Fifty-one (51) West of the 5`''P.M.,County of Brookings, State of South Dakota). All present voted yes;motion carried. Resolution No.44-08 Resolution Authorizing the Execurion of Real Estate Purchase Agreement BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows: WHEREAS,for the purpose of preparing for potential airport needs and further development of the City of Brookings,South Dakota,the City of Brookings desires to purchase the following described property: 92.3 acres located in the South One-half('/z)of Section Twenty-one(21), Township One Hundred Ten(110)North,Range Fifty-one(51)West of the 5�'P.M.,County of Brookings,State of South Dakota,and WHEREAS,the property has been offered at public auction and the City of Brookings has submitted a successful bid and has received a proposed Purchase Agreement,the terms of which are satisfactory to the City of Brookings; NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota,as follows: A. That the City acquiue tide to the above-described property pursuant to a Purchase Agreement with Richard Nichols and Shirley Nichols for the purposes of ineeting potential airport needs and development of the City of Brookings,South Dakota;and B. That the Mayoi,City Clerk and City Managei are authorized to execute the Purchase Agreement and other required documents in accordance with this Resolution. ADDITION: Action to Remove Resolution No. 29-08 from the Table. A motion was made by Bardey, seconded by Bezdichek, to remove Res. 29-08 from the table. All present voted yes. Original Motion—April 15,2008: "Motion was made by Bardey, seconded by Thomson, to approve Resolution No. 29-08, a resolution authorizing the city managex to enter into a liquor operating agreement with BraVo's on a temporary basis until the new restaurant licenses are issued." Bardey referenced the Apri129�'agenda meeting packet noting a recommendation from Jeffxey Weldon, City Manager,which read: ..."I would recommendyou asvard the neiv restricted�.rtaurant licenres to the Shamrnck and BraTlo',r once,rtate lasv and local ordinance,r are in place. Since.reveral bar e.rtabli.rhment.r u�ere repre.rented at the la.rt meeting and were primarily intere,rted in the crafting of our local ordinance regarding the neu� re,rtricted licenses, I suggest we allow the City Attorney to finish hi.r�ork and con.rider thi.r i.crue.reparately from awarding the la.rt unre.rtricted dicen,re. The proce.rs is not 2vell-,rerved by confu.ring the two." Bartley said he would make the argument that these are two separate issues and started the process to issue this last unxestricted license and the Council got a litde caught up in SB126 and other issues. He would like to go back to issuing this license on a temporary basis as the resolution states and we 101 can certainly read that resolution if inembeYS don't remember it. Basically,it does require that temporary license be issucd until the new license for restaurants is available and at which time they would have to apply. This one would basically be not valid anymore because the ordinance states that. It's not a question of taking it back;it states in the resolution that if the licenses are available, they must apply for it. Any applicant can make that decision at that time that they didn't want to apply foY die restauYant license and lose that license or apply for it on a restricted basis. He thinks there's plenty of safeguards for anybody that has a temporary license in this tempoxary case. The resolution is to issue it to BraVds. He encouraged the Council at this time to take action to issue it to BxaVo's and will take action on SB 126; the subconvnittee was put togethet to study 126 and craft the oxdinance and bring it back to the Council along with four house bills with some liquor issues. We have a subcomriiittee that will be meeting as soon as City Attorney Britzman has some more information for us to woYk with and then we'll go from there. They are two different and separate issues and he would encourage the Council to pass this resolution this evening. Reed asked the City Manager when he puts together the comtnittee,will the priority be to look at SB126 (restauYant licenses) first. Weldon said it was his understanding that the direction from the Council was to look at the pxovisions of 126 with the eye of working towards the ordinance would need to e£fectuate 126 for our needs. Reed asked if that was the priority, since there will be 4 or 5 different liquor issues the subcommittee will be looking at. Will the prioxity be to look at 126 from the committee? Weldon said it was his intent to recommend to the comtnittee that the priority be and the first bill we talk about is SB126. Munsterman said he wasn't really sure what has changed from our last discussion. In his opinion, the discussion around 126 affects liquor licenses in genexal and what we do with them,at least in his mind. For him,he doesn't know that anything has changed until we do have more discussion on the subcoinmittee level to bring back to the Council. He asked Britzman if he had anything new in texms of pricing on what the new restauxant license pricing will be. He asked if the city attorney had anything furthex to add for tonight's discussion. Britzman said no, he didn't. He noted that the fixst class municipal attorneys met and none of them are involved in that type of issue. So, their discussion touched on what theit current market value is for their licenses. But that discussion was kind of irrelevant to the considerations that we would have in Brookings,in his opinion. He has not heard yet from State Depaxtment of Revenue,but would intend to bring something to the subcommittee meeting hopefully fxom the Departtnent of Revenue on that particulax issue. Otherwise, the new information that he has it that with SB 226 we did discuss the basic provisions of 126 and the ovexhead that he used at the last meeting was discussed by the municipal attorneys. They had nothing to add or correct as to that overhead memo. He said the Council has pretty much the guidelines on SB126. We may refine a few things in terms as to providing a litde additional insider descriptions to the provisions in the otdinance and that will be ready as soon as the subcommittee can be scheduled to meet. He will bring that to the subcoinmittee meeting. Munsterman said that sounds good and that it sounds like we have more work to do. Bezdichek said when we talk about temporary,when does that texm expire on a temporary—in July, with other licenses, or 12 months from now? When is the expiration when a temporary license is issued? Bardey said as you read the ordinance,it is very clear,this agreement is ef£ective on the date of execution and ends upon the 30 days notice by the city to the "manager." In any event, ending no latex than the earliest date the city is Iegally able to issue futl-service restaurant Iicenses under the 2008 full service on-sale legislation. It says,until we (the City) get our woxk done,which we know may be challenged and may take longer. But it basically says when it's available and when the Council has gotten through the entire process of writing it,which is not July 1"because it has to go through an approval process as any of our ordinances will. That it has to go through the challenge that is possible with any ordinance that we create after that and then at that point i£there is a challenge of any of the sort, we could lose the ordinance completely at that point and then this one still stays in effect until we do have a fully able to issue restaurant licenses. We could take action later on to move it from a restricted agreement at that time to something different if we wanted to issue the operating agreement with some restrictions on it on our own, basically a 60/40 food request or something of that nature,we could certainly do that at a later date if we're not successful in getting the restauxant licenses through an ordinance process. But he doesn't think that is going to be an impossible thing to do and he thinks the public would certainly support the restaurant license 10 � issue. It basically doesn't have a deadline until we get our work done. He doesn't want to tie a deadline into it because it's a bad business move to tie a deadline into something and have someone make an investment in what it takes to provide those services within a restaurant and then have an arbitrary date that it drops dead because we haven't gotten our work finished. Reed asked about section 5 of the lease in the last sentence: "The agreement.rhall terminate upon 30 day.r notice by the city to the manager and no later than the earlie.rt date that the city is able to i.r.rue a full.rervice re.rtaurant license under the nervly enacted 2008 legislation.". When we do have those restaurant licenses available,is it just automatic that the license would stop? Britzman said yes; that was the intent in drafting that so that date will be clear and would be then probably put in the form of a letter to the temporary holder of that operating agreement as to thaC date. We'll know the date because have second reading. We'll be able to determine when the publication date would be for the second reading and we'll know at the point 20 days after publication whether or not that ordinance is valid and effective or not. In a sense,we will have a back-up procedure with 30 days notice in case there's any question. The 30 day notice would also be an option for the ciry council. Mike Bailey Jr,"The Shamrock, said going back to previous meetings how this got delayed and how the city started entering into a contract or operating agxeement with BraVo's was under the assumption that the Shamrock was going to qualify for these special event licenses,which they might or might not,but it's not a guarantee. Some of the other businesses in town threatened legal action if the city entered into a contract with the Shamrock. But the whole operating agreement with BraVo's was started under those pretenses. Besides the liquor issue in the past few months of this year,one of the biggest issues has been trying to bring economic ixnpact to the City of Brookings with the Swifter Center expansion and even tonight the Council is going to entertain a bid to validate Compass Management's feasibility study for the expansion. From listening to the Chamber of Commerce's reports and the Compass Management's reports on the feasibility study for the expansion, he said he wanted to bring a couple things out in the open. Does the Council realize how much money is lost when an event doesn't get attracted to Brookings? It's all about the economic impact and based on the Chamber of Commerce's numbers, each event that we lose from out of town amounts to about$25,000 of economic impact in the businesses besides the Shaxnxock, or the Swiftel Center or the Brookings Inn. Ever since this situation started a couple months ago with them almost getting a liquor license and then not, they had a few events that were waiting on them to get a liquor license and if they didn't get it,the event was going to othex places out of town. Since then, they've also had several events that they've lost since they've not been able to offex haxd liquor. It doesn't just hurt their business now. The last presentation he made,between now and July, they'd accomplish approxirriately$20,000 to $30,000 in hard liquor sales. It affects their business nine months to 2 years in advance. There are a lot of these largest conventions that one of the only ways they're going to come to Brookings is if they can have cocktails at social hour. They went through their first small wedding reception last weekend. To back up the numbers he had in his previous presentations, they had a 140 people and approxitnately$1000 of beet sales and they had a lot of requests for hard liquor. It affects the community of Bxookings in a couple of different ways: immediately with the events they have booked there is a lot of tax revenue that the city is losing and economic impact£or future events that won't come to them if they can't offer the hard liquor. It seems to him the best decision the Council has to make with this last remaining hard liquor license is what is the best use for it right now, because if they wait for these new ones to become available it could be tied up in court for a year. It could be two years down the road before anything is decided with this because all the rest of the hard liquor license owners, licensed operators in town, are really complaining about this. He said he wanted to bring it up that it's xeal ixnportant to City that the Shamrock be able to offer haxd liquor. Weldon said to Bailey that"you can't lose what never had,you never had this license and you haven't lost anything." Bailey said they are losing some sales,but the City is losing economic impact because a lot of these events he is talking about—they love"our" facility. He said he knew all af the Council has been in there (Shamrock). They've had comments from people throughout the Midwest and from other countries that their faciliry is beautiful. A lot of these events,it's either the Shamrock or they axe not coming to Bxookings. Weldon said we've lost some business at the Swiftel Center because some weddings have left the Swiftel and gone to the Shamrock. That's fine and he doesn't have a pxoblem with that,but that's not new economic impact coming to town,that's shifting around internally. When you opened the Shatnrock entered this business deal knowing that you didn't have a liquor license, so you can't lose what you never had. Weldon said it's the same argument with BraVo's; they can't lose what they never had. So nobody is losing anything. 103 Bailey said the City is losing because it keeps txying to put a $6.8 inillion sale on the taxpayers' backs to attract this economic impact that the Shamrock has the possibility to attract to this town at zero cost to the taxpayers. Weldon said there's been no decision made on the Swiftel Center;that project is a long ways away yet as far as what is going to happen there and the issue here is,what is the City Council going to do with the one remaining operating agreement that's left on the shelf. It started out as a competitive process and that's right whexe we are right now. He reiterated his earlier comment to Bailey that "you can't lose what you never had." Bailey said it all comes down to the Council making the decision of what is the best use of this remaining�icense. Kip Pharis, BraVo's, said he's been up here before and it seems like everyone else has had a chance to do their presentation. In fact,if his counting is correct, Bailey has been up here four times and we (BraVo's) haven't given a presentation of what BraVo's is the best place for that last liquor unrestricted license. He said he was first and only person to work with each and every one of the City Council members and the Council and the City to do what is best for Brookings and"to sit up here like a damn baby saying someone else can't have it and don't give it to me and I'm sick and tired of it. It's just ridiculous. We did oux research. I didn't inherit a bunch of money and just put up a thing someplace and now the gloves are off, so now I'm going to tell the truth. The gloves are off and somebody sits up here and tells me why I shouldn't have the Iiquor license. We did our research at BraVo's. We did our research working with the Chamber of Commerce for several yeaxs going through all the surveys of what Brookings people wanted. The Brookings people wanted an upscale restaurant. Some of you know the surveys. Witlzin that, they wanted an Italian restaurant numbet one and number two, a steak place. That's what we did our research for BraVo's. We didn't just do this on a whim;we did a lot of research—right to how the booths were designed, the raised booths, the lower booths. We did a lot of research to get what Brookings wanted. All of a sudden there's competitive pxocess for this liquor license and it comes up to be who is going to bring more economic development. He sent the Council emails in regards to how is economic development detexmined based on other things: is it economic wealth,is it all the money it brings in,is it the resources it brings in, economic benefit for the community members. BraVo's has been there for other recnutment of other people and other businesses (e.g. hiring the SDSU Foundation, hiring at other businesses in town) and they've been a huge part of that and he hears every single day. Did I say every single day? We're open every single day. We're open 12-16 hours a day. The other people are not. The other people are not open. They might have one or two events. Let's separate the whole issue. Who is bringing more economic dollars in? They can stand up here and say that they do this much money. The restaurant business does three to four times more than theirs and he has emailed the Council some economic numbers of what xestaurants really do. If anyone can stand up here and say or their lawyer can say that they might not be eligible fox a restaurant license; they don't know what they're talking about. Because a franchise business like Applebee's,TGIF Friday's, Chili's, all of those; they do 16% beer/liquor/wine sales. Is that threatening to anyone that says they want to do food? No,it's not. When it got to be 60/40,it's not a non-issue. This stuff about restaurant business,if somebody is doing food,it's not going to be an issue. BraVo's is the best; every single day that we're open people what the liquor sales. He said he's not going to separate the liquor sales. Liquox sales are combined with liquox,beer, and alcohol. He's nevex done anything to say,like some other people up hexe that I'm not trying to get something that I don't have. He was told that he had to be.iild BraVo's and then ask for a liquor license and take that process and that's what we did." He said he believes that BraVo's is the best place and the best use and he's the only one that offered to give this license back. He noted having discussions about this with Council Member Reed and the Mayor. He said he's sick and tired of someone else telling him and crying like a baby that they should have something that they don't deserve and they are not going to make even one third of the impact that BraVo's has made to this community. We did this for Brookings. We did this to make Brookings a better place. He noted the Mayor's concern and said he is willing to take Iicense, and if he loses it, he loses it. If he doesn't agree to the contract, then he doesn't agree to it. If he doesn't agree to the terms of the restaurant license, then that's up to him. That's his risk and he's saying he'll assume that risk. He said he is counting on each of the council members and the committee to make sure we can continue building a better Brookings and that we're going to make those restaurant licenses available so that other franchises can come in and make Brookings better. "Trust me on that,because I trust you on that." Munsterman noted that he has had this discussion with Pharis too, and that the City doesn't know what the price is going to be on restaurant licenses. MunsteYman said that we don't know and that's wheYe the subcomrnittee work is hopefully going to bear some of that out so we can bring it to the Council. He said he didn't know if we're talking$18,500 or half a million dollars or somewhexe in between. 10 � Pharis responded that if he wants three of them, then he pays three times the price. He said all he's saying is grant BraVo's a license because they are the best choice for that license economically, economic wealth Yeasons, everything. He assumes the risk. If it's too high,if its $250,000, he'll have to make that choice at that time,but then he'll just lose the license. But it's up to him. He's saying that he'll assume that risk. Bartley commented to Pharis that he made a valid point as far as the franchises that come to Brookings with the restauxant licenses, and we need to be cognizant of the cost of that license as the Council drafts this ordinance because it not only effects BraVo's,but it effects anyone wanting to come into this communiry to open a restaurant with a liquor license. It's not just franchises;it's `Mom&Pop' operations such as yours that we need to be concerned about. We don't want to overprice this license, so if we can avoid that so we don't stifle competition in that particular area, based on only franchises could afford to come in here. He said we need to be careful on that. Pharis said he trusts that the City Council will make the new restaurant licenses affordable and available to attract those othex franchises coming in, because if they're not, they won't come. Munsterman said we may be locked in on what the market price was,we don't have that answer yet and that's the big question. We haven't had that discussion yet. Pharis said all he'll lose is to have an opportunity at that time to say`take your license back' and he won't have a license. But we won't get anyone else to accept that value to come into Brookings either. Munsterman said neither one of us know what that number is. Pharis said, exacdy,but you're talking about a`what if and he's saying what if let's just cross that bridge when we come to it. He's the only one that's accepted the fact and is willing to give the license back. Please give it to BraVo's on a temporary basis and then when the new ones are issued and whatever that number is, then he'll decide. The Ciry will get it back anyway and he doesn't have any control over that. The way he understands it,the City takes it back and he either has one or accepts that and takes it or he loses it. He is accepting that risk. Anyone that cares about his position saying it's too much and that it's not fair to him to make that investment; that's up to him. He'll take that risk. Munsterman said BraVo's will have people coming in and giving them a sexvice and then could have to say, "we don't have that anymore." Pharis said absolutely and he said he could choose at that time to take BraVo's someplace else,but that's his choice. That's a xisk we both have to take. Bardey said if we take out applicants personally and look at basically the application process if we went through entering into this particular temporary operating agreement and we had a choice between BraVo's and the Shamrock as the Council made that decision and we chose BraVo's at that time. He said he wanted to share with the Council the thought process he went thtough when making that decision. He said he'd throw out all the personalities involved,including his own, but as he looked at it and he walked into any community and he went to a fine dining establishment, an establishment like BraVo's. When he walked in there and sat down to have a meal he would cextainly expect that there would be liquor available in that type of restaurant and that hits him between the eyes that he would expect to find liquor in that type of a restaurant. On the flip side of that,if he walked into another community and walked into a banquet hall of any sort with a restaurant attached to it,it probably wouldn't cross his mind that he'd expect they would have a liquor license. Beer and wine might be available,but he wouldn't be shocked that there wasn't a liquor license. That helps him make that decision that if we're going to promote Brookings to rest of the state as a town with opportunity for fine dining,as an opportunity for conventions down the road,but right now his decision was based on the fact that if he walked into a fine dining restaurant, he'd expect to see liquor. He thinks it makes a very good common sense to issue this license to BraVo's at this time and we'll get everybody hopefully handled under the restaurant bill as we work through the process and understand that that's probably going to take us a little bit of time yet. Bezdichek said he feels as though any time that the City has had an unrestricted license, that the process has been the same for all of them. When we have an unrestricted license,we get applicants that apply for it. There's always going to be one applicant that's going to get it and three, foux, five other ones that don't it. He doesn't think that process has been any different. That's what we have. What makes it difficult is that we have some need here. It is difficulty for the City Council is that we 105 want all businesses to succeed, so the Council has to try to work and get done to benefit all those businesses. At this particular time, where he sees that we have a restriction on it, he is defuutely leaning towards the issuance to BraVo's. We'xe talking maybe four or five months. He thinks the City has the ability to look at,which there axe some otheY unxestricted licenses out there,whether or not the City can buy those back and then re-issue those. This isn't anything pxobably that the cominittee will look at because they're just going to look at SB126. The other thing too,which within a short period of time,maybe within one year,Brookings will have an incxease in population and we are going to have more unxestricted licenses in Brookings sometime. This is not going to be the last unrestricted license because of the census, so the City is going to get some additional unrestricted licenses. The juggling game that we'Ye playing right now is to try to get some xevenue for these licenses, especially the unrestricted. With the SB126,it seems as though there's still one unrestricted license and dlere are questions as to what the City can issue out. He said we're trying to do the best jab. It may not always seem that way. As elected officials,it makes it hard at time. He thinks in the scheme of things to issue the unrestticted license would be beneficial at this time. He said we need to see whether or not there is any other way that we can work with some of the other entities. He's not fond of the 126 and he still has some reservations on that. He'd be willing to say that if Brookings is "home ivle";issue an additional unrestricted license for four or five months. What's the State going to do? "You can't do that well why?" He said if that's the premise,why not issue two unrestricted licenses for five months until we get this thing worked out? What's the worst that could happen; send the Mayor to jail? It's after the fact. He asked could the city issue two? He said if the City could because of home rule, then let's do it. He's for issuing this one out and trying to see if the City can't get something worked out in a short period of time fox the Shamrock as well. McClemans said he wasn't really prepared for this gun battle tonight and was a litde surprised that it popped up,but he understands that's the way it works. He understands the concerns of everyone as far as what should be issued and who is the best useY of the license. He agreed somewhat with Bezdichek that issuing the licenses obviously wi11 have many discussions yet on people and use. He thinks BraVo's has a defin�ite quality to it and it has a very strong(if Kips numbers are accurate), that 16% alcohol in many fYanchise restaurant and thinks this licensing will eventually work in Brookings once we get over some of the pitfalls. He said he's not sure just what and wasn't prepaxed to go after this tonight. He's thinking the decision made a few weeks ago to table it(when he sat in the audience). 'I'he future use of these licenses is really a gray area and he'd like to see an additional license being able to be issued. We also have a couple of parties who have been at that last meetings that are not here tonight,which is kind of a `catch 22'where it was brought back off the table unannounced and he understands that's how it works. We have people who axe not here. His prefexence would be to continue with study, the committee to figute out just what our goals for our licenses. How many do you issue? What is good common sense with these licenses? He's a little concerned that we do the right thing and he's not sure what that is. Reed said there's two points to this discussion. The fitst being that it's very clear that the license is only temporary and he does feel that has been covered tonight and he knows that there's exact�y what's said in the lease but also undeYStanding that Kip has stated that when a restaurant license is available that he's willing to give back. That was the fitst thing that was important. The second thing comes down to the"who." Who should it go to? It's a toss up between the two facilities;they both add to the city. You can sit and argue numbers back and forth,but you do have to sit back and take in some subjective items when making the decision. The only thing that reaIly sends it over the top for BraVo's for him is that a restaurant like that has been talked about and asked for a long time in Brookings, so he thinks that is where the first one should go. He does hope that the idea of doing a temporary situation for the Shamrock could still be looked at and he still thinks that is a good idea temporarily until we figure out what we'xe doing. If it comes to the point that when restaurant licenses are available and the ShamYOCk doesn't fit, then he thinks the City will have to take a look at reissuing this license to them because he feels they are important. Brunner said the Reed brought up a lot of good points and that it's kind of a toss up between the two and thinks what he's tall�ing about when you look at the economic impact,we've had both the applicants show where their economic impact is greater than the other. But if you look at the numbers and look at economic impact, depending on what you include and don't include,you can make the numbers look whatevex way you want them to for whoever has the greater economic unpact. Subjectively he not only looked at what the economic impact is going to be,but what are the othex factors that go into in making the determination. Because,until one of them has the license,we won't know whether it's events or being open 7 days a week,where the economic irnpact is going to be. On the economic impact,it's a toss up. With BraVo's situation, they're open 7 days a week and they have a lot of advantages in some of those areas, some of those subjective areas that 10 � are hard to calculate. But at the same time,more important to the community, a lot of people in the community have been asking for a restaurant / a fine dining establishment. He noted that Kip mentioned that's why they went forward putting together BraVo's was because of that economic impact. Another thing that's important to him is the fact that at one time the Council said it was going to give BraVo's a temporary operating agreement. That was made on some other premises and those other premises unfortunately haven't worked out, but he doesn't know that two wrongs necessarily make a right. It's one of those things where he thinks the City has to look at issuing the tempotary opetating agreement to BraVo's. It is temporary. One xeally important thing that Kip touched on was that fact that he is willing to assume that risk and Brunner believes this Council will hold him to that. Brunner hopes the committee will be able to woxk out something that's affordable and that they'll woxk with the community and with the current license holders and it will be something that will help Brookings grow. But he thinks a temporary operating agreement is temporary and he believes when it comes down to it,thete may be some other options with home rule and is interested in exploring any of those options that somebody can come up with. But for him, this is temporary. Kip was willing to assume the risk. At one time we said we were going to give this license to BraVo's and he thinks its unportant that we keep with what we said we were going to do. Munsterman asked the City Clerk what the status was of this issue;is there a motion on the table? Thornes read the following April 15`h motion: "Motion was made by Bardey, seconded by Thomson, to approve Resolution No. 29-08,a resolution authorizing the city manager to enter into a liquor operating agreement with BraVo's on a temporary basis until the new restaurant licenses are issued." She noted that on Apri129`h,the motion to pull it off the table failed. It is that motion from Apri115`'' Bardey commented on McCleman's eaxlier comment about this item being on the agenda tonight. It's appropriate that anything that is tabled can come up at any meeting. He referenced that the May 13`" agenda packet cited this issue for the meeting on May 27`�. McClemans asked when this license would be issued. How long does it take and go into effect? Weldon said if it were to be approved by the City Council,it has to go to the State Department of Revenue and Regulation just like all our other operating agreements. They do a certain amount of checking on the applicant as well. They indicate to the City that it has been cleared and then it goes into effect. Until the city gets the sign-off fxom the state, the operating agreement does not go into effect until that happens. McClemans asked how long— 10 days or two weeks? Thornes said 10 days to two weeks is an appxopriate amount of time. Britzman said the operating agreement is dxafted and would be teady to go. Thornes clarified that the State does not get the agreement; they receive the state alcohol application. The operating agreement and payment by Mr. Pharis would be a sepaxate action that the state is not involved with. Britzman just wanted to note that we wouldn't have to wait to get that document drafted because it is prepared. Thornes was asked to read back the Apri115�'motion. McClemans asked regarding licenses and license fees,if anything was addressed in the agreement on pro-rating or if the license is taken back. Does he pay for the license for the whole year? There is a fee of$1500;how does that woxk if you buy it in Januaty or July,is it the same fee? Thotnes said they made provisions to pro-rate it at$125 per month. Britzman said that issue has been addressed in the operating agreement and that we're a month or more beyond where we drafted that, but it would be appropriate to have that pro-rated in the operating agreement to the extent that we can. We certainly would not have a full year fee;it should be pro-rated for the duration of the license to the extent that the city can. Bardey asked Britzman if all licenses weren't pxo-rated when they're issued. The first initial operating agreement when it's issued is always pro-rated? Britzman said that is probably true,but if we had an early termination within a calendar year he's not sure on the back end of a pro-ration ' whethet ox not there's any tecovery if it's terminated before the end of a calendar year. He knows it would be pro-rated at the beginning for the months that have akeady passed,but it's terminated early he's not sure if there'd be an additional recovery. 107 Thornes noted diat there was only one other issue when a pYO-xation was involved and that was when Cubby's received it for a partial year, otherwise they c10 pay the full amount. Bardey cited the lease agreement, ... "If the Managers payments of the tlnnual License Fee exceed the correct pro-rated portion of the amount of Annual License Fee actually payable for the duration of this Agreement (and the duxation is presendy uncertain) then the Ciry shall xeimburse the amount of Annual License Fee which exceeds the corxect pxo-rated amount for the period this Agreement is actually in effect." Bardey said he thinks we'Ye covered. Britzman said the intent was to do so. It was a little bit subject to the state's viewpoint of a termination prior to the end of the calendar year as whether thexe could be any xecovery at the tail end of the agreement. He thinks it was contemplated when that language was drafted, but the uncertainty was not having experience with a termination of a license within a calendar year. Bardey clarified if the fee was $1500. Yes. Bartley said he didn't think that was an amount in this particulax case was going to make a difference with the applicant. A motion was made by McClemans to put it back on the table. Motion failed for lack of second. Munsterman said he was going to go ahead and support this tonight and he's nervous about it. But listening to Pharis tonight saying he's willing to risk it, Munsterman said he'll go along with that. But he reiterated that he's nervous about it and doesn't know if it's the wise thing to do ox not because we do have to get the financial issue figured out and he hopes it can be in a range that is going to work for everybody. We may be limited on what we can do in that axea just based on what the market is. He doesn't know,he doesn't know what the number is going to be but he's willing to go out on a limb in terms of his vote tonight. Reed echoed the nervousness,but he thinks as a Council we'll try to do the best we can. There may be some outside influences with the way the bill has been done, that we have some problems with it. So let's hope that doesn't happen,but he knows we'll try our best to make it reasonable so other Yestaurants have the ability to come into Brookings and coznpete. On the tabled motion, all present voted yes;motion carried. Resolution No.29-08 BraVo's,Inc.Operating Agreement BE IT RESOLVED by the City of Bxookings,South Dakota,that the City Council heseby approves an Operating Liquor Management Agreement between the City of$rookings and BxaVo's Inc. for the purpose of a liquox manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 610 Medary Avenue,also known as BraVo's. BE IT FURTHER RESOLVED that the City Managex be authorized to execute the Agreement on behalf of the City,which shall be for a temporary period until the City is legally able to issue On-Sale Licenses for Full-Service Restauxants(Full-Service Restaurant Licenses), Executive Session. A motion was made by McClemans, seconded by Reed,to enter into executive session at 7:45 p.m. fox consulting with legal counsel ox reviewing communications from legal counsel about proposed or pending litigation or contractual matters with Council,Manager, Attorney and Clexk present. All present voted yes;motion carried. A motion was made by Brunner, seconded by Reed, to exit executive session at 8:13 p.m. All present voted yes;motion carried. Council To�ies. McClemans requested council discussion at a future woxk session on the following topics: Liquor Store Report and Evaluation and Economic Development Land Txansfer Value. Adjourn. A motion was made by Bardey, seconded by McClemans,to adjourn. All present voted yes;motion carried. Meeting adjourned at 8:13 p.m. CITY OF BROOHINGS cir � �9 .�O Q �f...; , F 2°.�' "`DAO�Po cott D. sterman,Mayor �T�,STqm;° �o.. �„� o;a .�, so..��. ,f•� ••�P -/ �Y Shari Thornes,City Clerk