HomeMy WebLinkAboutCCMinutes_2009_01_27 2 � 7
Brookings Ciry Council
January 27, 2009
The Brookings City Council held a meeting on Tuesday,January 27, 2009 at 4:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,
Mike Bardey, Ryan Brunner,Tim Reed,Mike McClemans, and Tom Bezdichek. City Manager Jeff
Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster were also present.
Community Development Director Mike Struck, the City's new Community Development
Director,was introduced to the Council.
Snow Removal Fees and 72-Hour Parking Regulations Council Member Whaley expxessed
concerns with the number of cars still paxked on the street with a snow removal/parking ban in ,
effect. She wondexed if the current$25.00 ticket is enough, oY if the fees should be increased.
Currendy, snow plows plow axound parked vehicles,and then re-plow the street when the cars have
been xemoved;this back-tracking needs to be eliminated. Whaley would like to see immediate
towing during a snow removal/parking ban. The public needs to get their vehicles off of the streets
the first time around, eliminating plowing the streets after a snow fall event.
Whaley also e�ressed concerns with the city's 72-hour parking lot located off of 3'�Avenue. She
has received some complaints rega.rding accesss to the Food Pantry. And,in her viewing of this lok,
it is evident that some vehicles have been parked there longer than the allotted timeframe. She is
awaxe there are a couple businesses that also utilize this lot, and proposed talking to those business�s
about renting a certain number of spaces for theix use. Overall, feels this lot needs to be better
patrolled/regulated.
In regaxds to ticket fees during snow removal, Huron charges $50 and it raises in stages. She sees II
Brookings as pretty lenient. '
Brunner asked when and how the Snow Alert notification goes out, and who it all goes out to.
Weldon responded Street Supt.,Koss Delfinis,makes the determination whether or not to declare�
snow emergency. Once a snow emergency is declared, the public is allotted six (6) hours to get their
vehicles off of all streets,not north/south or east/west specific. Plowing starts on the snow
emergency routes and continues until all street are done. Any vehicle still on the street after the 6
hour initial time frame,is eligible to be ticketed. The decision to tow is more speculative and done
by the Police Dept. and Street Dept. There was no towing during the first couple of snow falls this
year,however by the third and fourth snow falls, towing operations were intensified in the areas
where there weYe significant problems with doing a good job with snow removal. The next snow
emergency will involve more comprehensive towing. The city's Towing policy lists vendors on a ,
rotating list and the towing fees are paid to the towezs,not the ciry, as well as impound fees. Public
Service Announcements aze sent out to media,posted on the City's Website and also posted on the
City's Government Channel,Medicacom Channel9.
Brunner stated SDSU does an email blast that is sent out campus-wide and includes local media.
Could the city send an email to campus if a snow emergency is declared? During the last snow
emergency,Weldon stated SDSU did sent out a norice of the city's snow emergency/parking ban. '
The City also has a recarded snow line (696-SNO� the public can call to hear a prerecorded '
message of any snow advisories/parking bans, etc. Weldon stated the email blast with SDSU should
be able to occur with every snow event. '
Council Member Reed asked if the city had a twitter account, as if that could be used to send out �
news-related events.
Weldon commented there is basis to raise the fees, however,in the best interest of the public, those
fees should not be xaised in the winter. Weldon asked that this discussion come back to a meeting I
in the summer months, for incxeased to go into effect for the next snow season. '
Munsterman would like staff to come up with a recommendation on how to better regulate the use!
of the 72-hour parking lots. He feels both the parking ban fees and 72-hour parking lot xegulation
could be addressed at a budget session next summer.
Brookings Health Svstems Council Membex Bartley read the following report: `7-Ie stated that he ,
had a.rked for.rome time on the agenda to gzve.rome backg�nund information on,rome re.rearch he's done r�lated to the'
Bmoking.r Health System and health ca�in general in the commz�nity. He�vant.r to p�.rent.rome comment.r thi.r
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evening. Thi.r pa.rt,rummer, the B�noking.r Health Board Syrtem presented at a joint meeting�vith the City Cauncil
their future plan.r for the Brooking.r Ho.rpital and Health Car�System. At that meetin� he po.red.reveral que.rtion.r
regarding the future of health care in Brooking.r and ex�re.rsed hi.r thought.r that the Ho.rpita!more than likely would
not be independently owned by the City 10yearr from no�v with the change.r in health car�. He eac�re.rred the idea of
leveragin�partnering the a.r.rets of the Ho.rpital more�ectively and timely achieve.rome goal.r.ret by the board, and the
board indicated at that meeting that they had done.rome very hard work and their de�ire to continue svith the plan.r
they have put a lot of time and re.rource.r into. Becau.re the ho.rpital.rystem plan.r included building a neiv nur.ring
home, he reque.rted a meeting rvith the United Retirement Center Board of Directorr to gauge their interest in a joint
look at the city prouiding our health care need.r. He invited City Manager,J�Weldon, tn attend that meeting u�ith
him. At the end of that particular meeting with UKC, they indicated they'd be receptive to any.rub.cequent meeting.r or
talk.r. At that time Maynr Mun.rterman ava.r follosving a parallel track with the South Dakota Dept. of Social
Service.r on a rtate-svide lang-term car�.rtudy. The Mayor organitied a meeting svith intere.rted partie.r, and at that time
the BEDC Executive Director,Al Heuton, sva.r a.rked to e.rtablish a committee to.rtudy that i.r.rue for the city. The
Ho.rpital Board had a.rub.requent meeting agreed to he p fund that loca!.rtudy. That committee i.r no:v in the final
pha.re of.relecting a con.rulting firm for the.rtudy, that nou�al.ro include.r a look at other need.r for.renior.r in the future
or a little b�nader brush stroke. These health care need.r are certainly related, they require d�erent approache.r a.r it
may relate to d�erent partnerrhip.r in the futu�and d�erent need.r and de.rire.r. After that, he had.rub.requent
meeting.r svith the Ho,pital Admini.rtrator e.xpres.ring hi.c de.rire tn further exj�lore the plans the ho.rpital had made and
to eacpand on the idea of a partnerrhip u.ith the regional health care ry.rtem. In trying to further leverage the city'.r
ho.rpital a.r,ret.r to achieve a.rynergy of health care that we a.r a city po.rrzbly could not a�'ord to do in today'.r financial
climate.r and medical financial climates. For hi,r own intere.rt, he.ret up a meeting avith.reveral local citi�en.r, invited the
City Manager, some City Council memberr, .rome Ho.rpital Board memberr,BEDC Exec. Director, and Ho.spital
Admini.rtrator. At that meeting the Brooking.r Health Sy.ctem.r plan.r:vere pre.rented by Vern Carda, Ho.rpital
Admini.rtrator, along urith hi.r thoughts of leveraging more partnership opportunitier. T�ery healthy di.rcu.rrion follo�ved
that he ped form a conclu.rion for him...that the group wanted to in.rure continued excellent health care unng our
franchi.re and indeed all our re.rource,r to�ect in a more timely fa.rhion the be.rt health care for the citi�en.r of B�noking.r
and.rurrounding area in the future. He a.rked for the Ho.rpital Admini,rtratorr he p in arranging a meeting lvith 2 of
the regional health car��y.rtem.r in our ar�a to di.rcu.cr such a aj�prnach to future health care. One system had agreed to
a mceting and the other declined at thi.r time. The one meeting sva.r held with four executive.r from the reginnal ho.rpital,
and at Bartley'r invitation 3 Ho.rpital Board Memberr, 2 City Council Member.r. There sva.r 1 other invited member
rvho could not attend. Additionally the City Manager and Hospital Admini.rtrator u�ere invited. In.rhort,
conclu.rion.r he took from that 2-hour vi�it 2vas that the regional ho.rpital rvould work ivith the City Council along zvith
the Ho.rpital Board to e.�cplore all po.r,rible options and to en.rure excellent health care delivery for the Bmoking.r area.
I�Y/hy look nosv? What i.r the land,rcape out there for health care? The Ha.rpital Board certainly ha.r a handle on it
and know.r what'rgoing on in tho.re area.c The Brooking.r community forefather.r�ve�certainly diligent in providing
health care opportunitie.r for our area at a time svhen communitie.c ba�ically needed to build ho.rpital.r to en.rure health
care delivery in their communitie.r. There weren't any large health care.ryrtem.r. The City Council.rhare.r tho.re
re.cpon.nbilities.rtill today a.r�ve look fonvard the nextgeneration of health care. There will be challenge.r and
opportunitie.r forgm2vth a.r long a.r the health care need.rgrow and change and evodve. The formation and appointment
of the Ho.rpital Board wa.r derigned to provide for community input and management of the Hospital. Ho�vever, they
were nnt charged urith any directive concerning oumer.chip of the Ho.pital. That re.rpon�ibility lies.rodely with the City
Counczl. The recent vacancy in the Administrative po.rition along svith the Ho.rpital Board's de.rire to improve their
.renrice.r, sve need to a.rk the question ho2v be.rt to utilitie that Ho.rpital a.r,ret for the future of health care in the
Brnoking.r area. The Bmoking.r Ho.rpital.ren�ice.r the Brooking.r area, notju.rt the City of Brooking.r. There are other
market area.r—the Mar.rhall Ho,pital. They have.rome plan.r to leverage their ho.pital facilily and they are
completing those a.r sve meet tonight even...urith a regional health care�y.rtem that pmvides a mad map that u�e could
can.rider. He made the mistake of calling it the Marrhall Plan, but could call it.romething el.re. That facrlity rva.r
managed by a regional health care�y.rtem until ju.rt recently ... i.r.rtil!managed by them, ivhen the Ho.rpital Board
and City Council made a decision to look at that relation.rhip in another form. He think.r that they managed it for
about threeyear.r. That form wa.r a collaborative deci.rion arrived at by the Ho.rpital Board and the City Council
forming a ta.rk force to evaluate all the a.cpect.r of pmviding health care for the community. He doe.r have a copy of that
journey/proce.cr if anyone would like to reviezv it. The next decade rvould be very d�erent for health care
organitiations including our.r. The,rtudy identified many challenges sve are going to face in the future and there are very
well known to our ho.rpital board, but maybe not to an aavful lot of the cititien.r. There i.rgoing to be change.r in
reimburrement,r, u�hich change.r everyyear, maintaining j�urcha.ringpoiver, increased technology e.xpen.re, market
competition,physician recruitment(phy.rician recruitment i.r extremely d�cult u�hen you con.rider our particular market
area and how our situation operates, it i.r.rometimes d�cult.), labor and�vork force.rhortage.r The 10 year labor force
prediction for health care i.r bracing for.rome.revere.rhortage.r in the future. The,re are figure.r that tvere in the
Mar.rhall's Re�ort.• the annual rate of the 55 and older age group is 4 time.r that of the gro�vth rate of the labor force,
Over the cour.re of the next tu�o decade.r, an average of 10,000 baby boomerr u�ill�tire each day. During the next
decade about half of the current end work force urill r�tire regionally. Betiveen 2001 and 2018 i.r a projected 26%
reduction in high.rchool graduate.r Compa�that figure to the projected increa,re in demand.r for health care svorker,r by
2012 and it wrll reach 303%. I�ecruitment to allied health care pmfe.crion.r urill become increa.rin�d�cult.
A.r.ruming con.rumption pattern.r and phy.rician productivity remain the.rame, .rhift.r in health care need.r fmm 2000 to
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2020�vill include an increa.red demand in physician.r, a 33%. There svill al.ro be a continuing shift and type of.retting
of.rerUices provided. An example: betsveen 2000 and 2020, the need for cardiologift.r will grou�by 52%. The
excellent zvork by the Ho.rpital Board ha.r identified our current asset.r, our ho.rpital and nurring home, have aged to
the point that.romething need.r to be done d�erently for the future. The Ho.rpital'.r plan.r a.r p�.rented rely on the
financial re.rource.r that u�e have available. Thi.r approach i.r a.round and u�orkable plan. It's been.reveralyear.r.rince
our ability to financially.rupport those change.r are realitied finm the revenue.r pmduced by tho.re change.r. In other
�vord.r, zve built,romethin�p�nduced revenue.ro ive can build.rome more. Hozvever, there may be opportunitie.r to
leverage our as.ret.r to achieve more benefit.r for the future�vith a partnerrhip�vith a regional health care.ry.rtem.
Oj�portunitie.c may include, but are not limited to a ho.rpital built in a.rhorter time frame, nesv ho.rpital/clinic replacing
the current facilitie.c. You are looking at a�'45-SO million co.rt that the city might nat be able to fund. Strengthening
.renior care option.r, replacing the nurring home�vith private partnerrhip.r i.r an option, negotiating for the pmvition of
additianal health care.rervices, u.ring our a.r.ret.r in the proce.r.r. Strongerphy.rician recruitment and�vorkforce
development i.r enhanced�vhenyau're a�liated a�rith a regianal health care.ry.rtem. The.rtrength of a large regional
brand zvith tho.re.ry.rtem.r, creating.rynergie.r avith SDSU. One of the�y.rtem.r ha.r inve.rted�'S0 million urith SDSU.
That is not an inclu,rive li.rt, it could be much longer than that. In clo.ring, ivhat svould be.rome po.r.rible council
action.r? Thi,r i.r not a direct li,rt,ju.rt,ruggestion.r of thing.r that u�e could loak at. tYlith increa.ring decline.r in
reimburrement.r, need.r for capital improvement.r and de.rired exUan�ion, the Brooking.r City Council could direct the
Ho.rpital Board into.rtrategic planninB and negatiation.r with a health care organi�ation to leverage our a.rset.r to
provide future medical.rervice.r in a timely manner. The Brookings City Council could direct the President of the
Ho.rpital Board to create a ta.rk force con.ri.rting of Ho.rpital Board memberr, City Council memberr, BEDC
memberr, SDSU repre.rentative.r,phy.rician repre.rentative.r, City Manager and other citi�en.r for the purpose of
ident�ing i.rsue.r and cancern.r of tho.re organitiation.r they repre.rent and other con.rtituency group.r and articulating tho.re
concern.r and i.rsue,r back to u.r.ro we can a ju.rt them before any partnerrhip i,r reali�ed. One of the thing.r in thfr
pmce.cr i.r,from thi.r point on, the Brooking.r City Council, if we take action, .rhould.reek direct and open tran.rpar�nt
proce.r.r be used for all di.rcu.rrion.r that follosv u�ith any g�nup that may be formed. Brooking.r City Council to direct the
tvork of the ta.rk force be completed in a timely fa.rhion not to exceed a,pecified term. Trying to conden.re the proce.r.r.
Council could direct the Ho.pital Board to negotiate an agreement for the management of the ho.rpital by a regional
health care.ry.rtem until,ruch time the ta.rk force�vork in possible partner.rhip if op�iortunitie.r are evaluated.
Additionally the council could ident�svhich health care,ry.rtem they prefer for it.r partner.rhip, .rbortening that proce.r.r
for the ta.rk force. It�vauld be one le.r.r thing a.r an option. There are many other.c In clo.rin� he would like to thank
City Manager W>eldon, Council Member.r Whaley and Reed, Tlern Carda, Roberta Ol.ron, Kob Jone.r,Keith Corbett,
Jim Booher, and otherper.ron.r who took time from their bu�y,rcbedule.r to meet with him and vi.rit about the.re i.r.rue.r
and ha.r effort.r to give you thi.r report of hi.r fznding.c"
Whaley stated when she fitst served on the Hospital Board, meetings were stern, direct, this/that
was going to do be done,but changed within the last couple of ineetings she attended to a
consensus of working togethex as partners to bring the quality of health care needed to Brookings.
Whaley agrees that it is time to take a look at other options.
McClemans stated in 2000 or 2001, the council appointed two council members as ex-officio
members of the Utility Board, the Hospital Board and the Swiftel Centex Advisory Committee.
That was a good th.ing. People approach council members with questions on these boards as they '
don't know who is serving on them. This allowed the council with more of an understanding whexe
they are going and increased communication between those boards and the city. McClemans sees
the need to once again have two council members appointed as ex-officio members to each of these
boards to give the council that opportunity to be more informed.
Bardey cla.rified that he is not looking fox the council to become involved in the Hospital Board's
business,but asking the council to be involved in the long-term plans for health ca�e for the
community as it represents itself through our asset, the Brookings Hospital and nursing home, the
land it sits on,its franchise and its business. His thought process and explanation is to leverage ,
those assets for acquiring improved health care faster than what we can get on our own as a
comrnunity. The Hospital Board has developed a good multi-step plan using resources and assets '
avaalable to us without bonding ox understanding the financial limitation of building a hospital.
Bastiey feels this community could use a new hospital sooner than the phased plan of 5-10-15 years.
He wants to explore whether or not those things can happen rather than spending the$9-20 Million
only to find later we should have sold the hospital, or done something differently. There is a big
synergy in health care toda.y when hospitals and clinics are associated with each other; one lab, one
MRI, one X-Ray...all one-stop shopping.
When insurance is going to pay for certain medical services,people look at the facilities themselves;
comparing facilities in Sioux Falls as a "Hilton" and facilities in Brookings as a"Super 8". A Hiltox�
facility is like one-stop shopping,private rooms, etc.,whereas a Supex 8 is not one-stop shopping
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with shared rooms,unless the other bed happens to be vacant. If insutance wi].l pay for it,most
would prefer the "Hilton".
In looking at regional health caxe services, some fear that the hospital will have its services siphoned
off, thus forcing them to travel to Siou�c Falls or elsewhere for medical care. Bartley's xesearch has
indicated that to him that that certainly is not the case. Austin,MN is located 35 miles from the
Mayo Clinic. Austin's hospital was sold to the Mayo Clinic approxirnately 10 years ago and they are
currently on their third or fourth expansion plan. Everyone in Austin expected Mayo to siphon off
all its services to Rochester,but that is not what happened. The Mayo Clinic,much like many of the
health care systems,realized they needed to have facilities to handle that market inflow. It costs
more to build there; they have to build up as they don't have the land. It is more efficient for them
to provide those services closer to where the people and the market are. This is a major reason why
you see these health care systems branching out into these market areas. It is more efficient for
them to practice in those areas;they a.re not siphoning off any care. Brookings won't be a
cardiology hospital,but there are other services achievable if they could grow their market shaxe here
through their franchises, their bxands, etc. What would Brookings shaxe be? The Hospital is owned
by the citizens of Brookings;we control that asset. If we were to take that asset and say`Here is the
hospital,what can you do for us if we work with you?' If they came up with a plan agreeable to
most, then that is a good way to leverage those assets and to build something faster,better,more
efficient,and more effective for the future. It takes that partnership in order to do it. The only other
option is to continue with the plans that we have and just expect that it will take us longer.
Munsterman agreed with council member McClemans that council members served as ex-officios
from a communication standpoint. He also sees what Bartley is talking about,which is a 30,000 foot
view in where we're going. Munsterman asked A1 Heuton,BEDC Exec. Director, to talk about the
Continuum of Care conversations that have been held.
Al Heuton,BEDC,stated as Bartley indicated in his presentation,we have created a task force
consisting of City Council members,URC board members,Brookings Health System Board
members,and BEDC board members to study not so much the future of health caxe,but the future
of health care and services related to developing certain segtnents of the population. They are in the
process of working with consultants on proposals to start the studp. One of the things they are
interested going to look at is attracting people,young or old, to the Brookings community and what
level of health caxe is needed to encourage those people to want to move and live in Brookings.
They axe taking a broad approach to look at what needs to be included for future economic
development purposes in those areas. They axe not repxesenting themselves as health care
professionals in trying to determine what health care needs to be there,rather what types of services
axe normally provided and competitive in other communities.
Roberta Olson,Hospital Board Vice-President,has served as past board President and chaited the
Strategic Pla.nning Committee. The Brookings Health System (BHS) is very interested in economic
development for the community. They believe that they provide quality care in the Brookings
community. She heard Council member Bartley say he would like to see BHS move faster on this.
They could borrow the money to move faster and get it done in a shorter period of time;however,
their concern is always sensitivity to the community. They have found a great deal of support for
moving faster with this project,however they are now dela.yed by several months,possibly a year
before they would be able to put a shovel in the ground. What they are going to proceed with is
internally updating the emexgency department. They have recruited an ER physician, and are in the
process of recnuting a second ER physician;allowing the public to be seen by an MD,instead of a
mid-level provider. They are continually improving the perception of quality of care at the Hospital.
Four or five years ago,the Hospital Board entertained interest from both the Avera and Sanford
Health Systems on putchasing,managing, or leasing the Bzookings Hospital. The Hospital Board
concluded it was better for the Brookings community to remain independent and not be bought out
by either system. BHS has a good revenue stxeam,a little higher pexcentage than many hospitals,
and reinvesting revenue back into the hospital versus giving it to the ciry as has been requested.
They believe investment in good health care is important. It has been looked at from all angles.
They do understand the Hospital is an asset to the city and understand there might be some leverage
with it,whether it be now or in 10 years. The Hospital Board is appointed by the council,and if the
council feels they are not doing what needs to be done,they can un-appoint the entire board. The
boaxd feels they have adequately studied the issues,they understand the issues, and is not interested
in selling or looking at leveraging right now.
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Keith Corbett, Hospital Board Chair, commented he was excited when first asked to serve on the
Hospital Board of Trustees,because that was something he could do to give back to the community.
His concern is that he isn't getting any younger, and when he needs that health care,where will that
be. If one of the `Hiltons' decides to enter into an agreement,what is the guarantee that they are
going to maintain BHS. The physical plant is over 40 years old and some changes need to be made.
What is the guarantee that they will put money into that. No one knows that answer. The point is,
why would they if they have a `Hilton'in Sioux Falls,why wouldn't they use Brookings as a `feeder'
area. His concern as a taxpayer, and as an aging resident, he wants to be sure there is that health
care in Brookings. This way the council controls the Board of Trustees, and if you axe not happy
with what they are doing,you can say get off or take a different focus. There isn't a board member
or citizen in Brookings that wouldn't love to see a new hospital built,but doesn't think they could
fmd the money today to do that. BHS gives money to various organizations in Brookings, but aside
from that, thing about those who can't pay their bills. Who is going to pay those bills? The BHS
has written off appro�mately$11 million dollars. Coxbett is not trying to be parochial as a board
member, but rather looking as a taxpayer, and thinks the best system is in place right now.
Bezdichek commented the change in government bxought different roles in regards to ex-officios;
instead of council members, the City Manager serves as ex-officio. City Manager Weldon is doing a
fine job, but as elected officials,we are ultimately responsible fox both BMU and BHS. Bezdichek is
100% for sending two council members as ex-officios to the BHS,BMU and Swiftel Center Board
meetings. He asked Corbett for clarification if they are currendy interviewing a thixd company
regarding the BHS expansion. Corbett responded that is correct. Bezdichek asked what the time
frame was in regards to interviewing that thixd firm. Corbett stated all three interviews are done and
are waiting for a presentation to the board this coming T'hursday night for recommendation.
Bezdichek asked if that was for the nursing home or hospital. Corbett clarified it is for the BHS
campus master plan.
Bardey apologized for discussion venturing towards micro-management of BHS and what the board
is doing. BHS is doing a very good job suppoxting this community with their profits. He does not
want to replace anyone on the Hospital Board,in fact he would suggest just the opposite and we
need their expextise as we move forward looking at other options and plans. He is concerned
citizens wouldn't want to spend the money to build a new hospital,but thinks that they would like a
new hospital;the question is how best to achieve that. 'I'he answer begs to explore the option of
leveraging those assets to negotiate with another partner. The question Corbett asked about the
guarantee a regional health system wouldn't`cherry-pick' and walk away and not build us a hospital,
and leave us with this old hospital; that is all part of the negotiation process...you give them
something and ask for something in return. Nothing is for certain in negotiations,but it is a place to
start. Bardey has no problem moving forward as it is something that has been needed for a long '
time and commends the board for getting it started. Bardey believes the Brookings Health System
will not make it 10 years remaining independent, and will become increasingly more difficult to
remain independent of the large regional medical system. There are a lot of advantages for the
community in partnering with a regional health system, and hopes the council will step up to the
task of recognizing that or at least take a look in that direction.
McClemans asked the Hospital Board members present if two council membexs serving as ex-
officios was acceptable/unacceptable, and asked if they felt insulted if the council did so. Corbett
stated that the board works for the council, they do what you tell them to do.
Bezdichek stressed his concerns of the City Manager serving as the ex-officio. There axe no past
City Managex's still living in Brookings. As a City Council Member serving as ex-officios,Brookin�
is our home,we live our lives here. City Manager's come and go. The City Manager does a good
job while they are here,but that information they receive goes with them when they move on.
Bezdichek would like to see Council Members,not the City Manager serving as ex-officios on the
Bl�ZU,BHS and Swiftel Center Boards.
Olson stated when Council Members Whaley and Reed regularly attended the meetings it wasn't
offensive. Meetings are open to the public with periodic executive sessions to discuss some
sensitive issues, and exclude staff from the room. City Manager Weldon generally gets to stay as an
ex-officio. If the council wants to send more people, that is up to the council. Bartley asked if ther�
had ever been an Executive Session where a Counc.il Membex serving as an ex-officio was asked to '
leave. Olson responded there may have been,but it was before her time on the board.
Bezdichek asked that this be added to the agenda of the day-long strategic planning session/council'
xetreat.
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28 �
Reed would like to have further discussion on this issue prior to the council's retreat. The August
2008 meeting was great pulling together several community members. This was a chance for the
Hospital Board to show their plan beyond just the City Council and consisted of a great balance of
people both focused on the asset and on the mission. Reed took thxee things from that meeting: 1)
keep moving forward as fast as possible;health care isn't standing still, 2) explore options with long-
term care;we axe for partnering,not necessarily owned by Brookings, 3) exploring/sttengthening
partnerships within the hospital; concern of who is feeding business to the hospital. They did not
talk about leveraging the asset,but it is something that we could go on to. Reed has heaxd from
citizens to keep moving forward,but didn't hear anyone mention leveraging that asset;people want
to stay in control of the asset as long as possible.
Re�lacement Fire Station. McClemans stated during the winter of 2000-2001 Fire Chief
Hartmann visited with the Council about the need of another fire station;potential placement by the
blue water tower on south Main Ave. Money was short at that time, so the council implemented
setting aside $100,000 per yeas for 2002-2005 for this fire station. This money appears to have been
used for other things and would like to know the plan for the fire station that was funded.
Weldon stated McClemans is correct in the history about moneq being set aside for this fire station.
A formex City Manager made the recommendation to spend the money on trucks and replace other
equipment in the fleet,and the council agreed. Thete is a fire station in the long-range capital
improvement plan slated for 2013. Information was provided on insurance and the impact on the
Insuxance Services Office/Public Protection Classification (ISO/PPC) xating and classification, and
maps showing the current fire stations and coverage ateas. Sighting a fire station in terms of
covexage area is absolutely crucial in terms of response time. The southwest quadrant of the city is
where growth is. The preferxed location is by the blue water tower on South Main Ave. and 20`�
Street. Weldon suggested instead of adding a fire station,it be considered as a replacement of the
station on 32°d Street. The 32°d Street site could be kept for training, etc.,but he doesn't believe it
has a good response time for the growing needs of the community. They are proceeding with
setting aside$100,000 per year for tnzck replacements.
Darrell Hartmann,Brookings Fire Chief, stated the history is correct. It was looked at several years
ago whether we needed a station or fire trucks and the decision was made to replace apparatus. This
sta.tion and its location is still an issue. ISO looks at distribution;we are currendy ranked a`5'.
There are only four or five communities in the state ranked a`3',but with what we axe doing now,
we may be ranked a`4'by the next ISO rating,with a new station possibly ranking us a `3'. This new
station would help with distribution allocation;population growth is in the southwest corner and
would address some response time issues as they get 1 '/2 nvle/engine in their plan.
Reed asked when the PPC classes information was compiled. Hartmann stated the information is
current and came direcdy from the ISO website. Achieving an ISO ranking of`4' or even`3'is
achievable if this new fire sta.tion is built. Hartmann has requested from ISO a listing of all class 3-
4-5 communities,but has not yet received. He will pass that list onto Ciry Manager Weldon upon
xeceipt. Reed asked if Harttnann could indicate which communities are volunteer versus full-time
staff. Hartmann responded he would do so.
McClemans asked if it would be a City Manager decision to move money from an allocation.
Weldon stated it would be a council decision. Whaley asked that this discussion be added to the
day-long planning session/council retreat on February 19,2009. She would like to evalua.te and
move the fire station up on the bracket. McClemans is concerned money allocated by the council
for a certain project disappeared and was used for another purchase.
Brunner asked how much money we axe looking at spending for a new fire station. Weldon
responded the estimate could be as low as $200,000 for a steel-sided building with 1 or 2 bays, to
upwards of$2 million ot more dependent on the scope of facility that you want. He stated staff can
assess and get some numbers to you. Weldon mentioned concerns regarding ambulance service
south of the tracks and this map be an opportunity to incorpoxate a substation for an ambulance.
Munsterman asked to have that information available for discussion at the February 19 council
retreat.
Storm Drainage Master Plan U�date. Jackie Lanning,City Engineer, stated the goal is to make
this an open pzocess and make it a team effort to come up with a good plan in the end,resulting in
several work session discussions.
283
Troy Thompson, Ecological Resource Consultants,has been privileged to work with Jackie and
Thad on developing the next phase on the project. They have gone through a drainage manual on
how improvements are made,looked at master plaruung which is defining different flows and
problem areas, and looked at how to rank/prioritize some of the known concerns. They have tried
to look at these issues in a very non-emotional quantitative study. T'hey have broken out the
different aspects, from safety to cost to implement ability and maintenance and tried to define
parameters for each one of those different elements and then be able to rank potential projects
based upon how they score on those different categories. With that, they feel they have come up
with a very quantifiable process for defuung what you may want to move forward with early in the
process and which projects may be less of a priority. He stressed there axe some other things that
you would want to considex that are not going to show up on these slides, and is something talked
about in the past: one of those is maintenance and as you move forward in considering capital
projects he urges the council to not forget about the fact that reserving money and efforts to make
sure you are maintaining the facilities that you have so they continue to function as intended is an
impoxtant thing. They are also going to go through some ways to look at and rank projects. This
should be treated an adaptive model; something as you learn more in the future,you can update and
use that additional experience to further advance the process you are doing here.
Thad Drietz,Assistant City Engineer,gave the following presentation:
City Steps towards improving Drainage Issues is a two phased approach: 1) Drainage Criteria
Manual (2006) (for new developments and redevelopments,purpose is to not make flooding`worse'
due to new development,and presents the drainage design criteria and requirements), and 2) Master
Drainage Plan (2008) (a plan to `retrofit' existing drainage within the City,provides valuable flow
data to be used by developexs in conjunction with the Drainage Criteria Manual,and the pla,n
provides budgetary level estimates of costs to resolve current and anricipated major drainage issues}.
The Master Dxainage Plan identified 13 specific study areas in the City. They have eliminated one bf
the study areas (the 15'� St. So. &Camelot School area) as that project is cutrendy being woxked on',
These aze areas identified by the City residents as areas with existing drainage concerns that require
mare detailed analysis. They were analyzed for the 5-year and 100-year storms.
With suggestions from local citizens, engineers and other municipalities,they came up with 8
ranking criteria categories: Potential Environmental Impact,Building/Occupants Affected,Traffic
Impacts (street floodin�,Location within Basin (detention,upstream vs. downstream), Cost and
Budget,Reduced Maintenance Issues (grass channels),Infrastructuxe Age/Condition,and Citizen
Safety (pedestrians).
The prioritization process will consist of each project being`graded'in each of the xanking criteria
categories. Project criteria will be graded on a scale of 0 to 5 to obtain a cumulative score fore each
project
The criterion weighting system will be based on: Does the category pose an immediate threat to lif�
and safety?,To what extent is the threat?,Any amount of flooding is a danger. RISK !
ASSESSMENT?, Is it immediate, or does it develop over a period of minutes,hours,weeks, etc.?, '
and High velocity flooding neax populous areas pose the most immediate thxeat to life and safety '
(weight= 1.0)? '
T'he criteria scoring system will assign scores of 0 to 5 in each category for each project's goal. A
score of zero (0) typically means the project's goal has no impact on that category.Assigned when
the project does not pxovide a benefi in that paxticular category. A score of five (5) means the
project's goal is most consistent with the category defuution or key points of the category.
In summary, the weighting is based on safety and the scoring is based on the applicabilitty or
consistency of the project's goal of the categories defuiition: Category Weight: Based on Safety
and Category Score: Based on applicability of pxoject.
Potential Environmental Impact will use the following considerations: VUeighting Considerations '
(No immediate effects on life&safety, Could have long-term effects, and Recommendation: 0.4). '
Sc�Considerations: What are the potential environmental impacts of the project?;Will it`starvle
out'wedands, displace species of animals?;and Will established groves or other vegetation need to
be removed? `No Change'would receive the highest scores. `Improvement'may also scoxe faixly
high. `Correcting'what humans have akeady done might not always be coxrect. Potential for major
I
2 � �
environmental impact would score lowest. Moving the project further down the list would allow
more time for a more detailed environmental assessment and adjustment of the project scope and
cost.
Reed asked if the potential environmental impacts are within the city limits, or further out. Dreitz
clarified it would be farther downstream. If water is diverted from wetlands,that needs to be taken
into consideration, as that involves the Corp. of Engineers. Reed asked if they increase/decrease the
flow to outside the city, do you look at how far that has an effect,whether it be one mile or 10
nvles. Drietz sta.ted that would be a guesstimate at this stage of prioritization, however as the
process progresses,it will be looked at more seriously.
Buildings Affected will use the following considerations: Weighing Considerations: Somewhat
immediate threat to life&safety of occupants in basements;Flash flooding within City not likely to
wash a building entirely off its foundation;Mid to long term effects on building safety;
Recommendation: 0.9. Scoring Considexations (two parts): Number of buildings in contact with
flood waters and Number of occupants that would need to be evacuated. Higher scores assigned to
projects that would reduce both. Zero (0)would be assigned to pxojects that do not change the
number of buildings or occupants affected.
Brunner asked how occupants are clarified when looking at an apartment building,which is one
building with several occupants,but at the same time Xtra Space Storage is several buildings with a
few occupants. Drietz stated Xtra Space Stotage is classified as being without occupants.
Occupants are the numbex of people to be evacuated in the event of a flood.
Traffic Impact will use the following considerations: Weighting Considerations: Not an immediate
threat to life and safety (I'he danger is typicallq observable and avoidable, Some streets are designed
to carry flood waters,Recommendation: 0.7). Scoring Considerations: How is transportation
affected (arterials, collectors,locals, etc.)? Are there alternate routes available? Does the flooded
street isolate people?Zero (0) means that the project does not change traffic impact. Five (5) means
that some areas are isolated or major arterials affected with limited alternate routes.
Location in Basin will use the following considerations: Weighting Considerations -Incorrect
sequencing can create new safety hazards either upstream or downstream of the project with a
Recommendation: 0.9. Scoring Considerations: Detention projects should be constructed before
increasing downstream flow capacity (upstream first);Projects which incxease flow capacity should
begin at the downstream end;Detention pxojects towa.tds the populous center of the City will
benefit more residents;Zero (0)will be assigned when the location of the project is irrelevant;and
High scores will be assigned when the project location is hpdrologically ideal.
Cost vs. Budget will use the following considerations: One-dimensional criterion (no safety issue):
Since money is the driving force, category weight is high;If money grew on trees,weight would be
low;Recommendation: 1.0. Scoring Considerations: The City should strive to accomplish as much
as possible within a given budget (Inexpensive projects with lower priority could be moved up in the
prioritization list if they`fit'in any leftover budget,Lowest scoxes assigned to projects with the
highest costs,and Highest scores assigned to projects with the lowest costs).
Reduced Maintenance Issues considerations: Weighting Considerations: No immedtate threat to
life and safety;Unmaintained features can create a hazard;Recommendation: 0.4. Scoring
Considerations: Does the project xeduce the maintenance that is required right now? Zezo (0)
means `no change' or more maintenance as a result of the project. High scores assigned to projects
that reduce ma.intenance.
Infrastructure Age considerations: Weighting Considerations: Some protective structures may be
`obsolete'and pose a safety issue. Aging drainage structures could have failure potential,but not
likely to cause an immediate threat to life and safety. Recommendation: 0.5. Scoring
Considerations: Only consider the structures that would be replaced by the project. Are the inlets,
grates, channels, etc. up to Brookings' current design standards? Obsolete? What is their remaining
useful life?Is there ixnminent danger of structural failure?
Citizen Safety considerations: Weighting: Category direcdy deals with life and safety of pedestrians,
bystanders, etc. Recommendation: 1.0. Scoring Considerations: How quickly does the threat
develop? Is there ample warning for citizens to avoid the threat? Will the project reduce the threat
potential? Does the threat affect axeas with large numbers of pedestrians or social gatherings?
285
Draft Summary of Category Weighting: Citizen Safety 1.0, Buildings/Occupants Affected 0.9,
Traffic Impacts 0.7,Location in Basin 0.9, Cost vs. Budget 1.0,Reduced Maintenance Issues 0.4,
Infrastructuxe Age 0.5,and Potenrial Environmental Impacts 0.4.
Council Di.rcus.rion: LY/eldon clarified ther�is a mathematical calculation u�ing the.re number.r mea.rured again.rt a
co�cient to he p develo�i the priority.ry.rtem.r. They want to make a.r quantifiable and a.r objective a.r po.r.rible to
eliminate subjectivity to give a good priority li.cting.
Betidichek e.acpre,r,red concern.r Citi�en Safety wa.r ranked the,rame a.r Co.rt v.c Budget, and feel.r that Citi�en Safety
.rhould be ranked higher at a 1.5 or a 2. Weldon.rtated a `1'i.r the highert in the ranking.cystem u�ith everything el.re
beinggradations of that. If there.rhould be a d�erence betiveen them,po.r�ibly drop one to a.9. Betidichek agreed that
svould be a good fit.
Mun.rterman commented that he like.r rvhat they a�trying to do her�. Thomp.ron.rtated there i,r nothing magical abmut
the 0-1 rankin� however, the im�iortant part i.r to look at the relative value.r in the d�erent categorie.r. Bank your
feeling.r in ho2v they.rhould lay out highe.rt to lo�ve.rt and adju.rt the number.r accordin�. Thomp.ron recommended, a.r a
.rtarting point, to incr�a.re accordin�tho.re ranked a.r 1. If everything el.re i.r compre.cred, .rome of the d�erence between
the other categorie.r i.r lo.rt. Be�dichek would like to.ree Citi�en Safety ranked a.r a 1.2;Mun.rterman agr�ed. Driet�
.rtated that�voudd be ea.ry to do. l�eed e.x�re.r.red.come concern.r�rith potential envimnmental impact.r, but agreed rvith
ranking Cititien Safety a.r 1.2.
Drietti clarified the sveighting.r all pertain to.rafety, but.rafety in that particular category ha.r a fairly low�ect on the
overall.rcore of the project. Thomp.ron.rtated thing.r can be changed, and.rtres.red the importance of the integrity of the
pmce.r.r. You need to feel comfortable with the.re.rcore.r, but notjudge on the preconceived idea of what the re.rult.r�vil!
be.
Steve Hogie,Xtra Space Storage, a.rked if there i.r any area that talk.r about pmpery damage. Lr there any weight An
.rome a�a.r hauing damage from water ver,ru.r an area being inconvenienced� Lanning re.r�onded they hone in on tha�
is.cue under the building.r and occupant.r a�'ected. There could be.reveral building,r a�'ected u.ith not very many
occupant.r ver.ru.r one building with lot.r of occupant.r. Thi.r i.r really a category that rate.r water coming up to building.r
andgetting in.ride building.r with damage. Drietti a.rked Hogie if he iva.r a.rking aboutpropery in.ride the building
being damaged. Hogie.rtatedye.r. Drietti.rtated they looked at building,r affected in term.r of number of building.r
Hogie rtated their area could certaindy u.re a detention pond, u�hich i.r.rho�vn. He a.rked if there zvnuld be a way to dn
detention uathout the large, e.ac�en�ive box culvert.r. Thomj�.ron re.cponded in looking at co.rt for each of theae area.r, tl�ey
.rtudied from where the paint of the prnblem i.r and continuing further do�vn.rtr�am. They look at it thi.r�vay ar
.rometime.ryou can frx.romething locally, but by doing.ro, it.rhift.r the pmblem down.rtream. With the areas with
detention pond.r and in the larger figure.r, it would certainly be po.r.nble to.r�lit out, and do tho.re area.c in phase.r. If
looked atpharin� detention/�tention facilitie.r svould be firrt thing to do. An inter�.rting analy�i.r i.r to take a look at
the re.rult.r, minu.r the co.rt.c, and anady�e the other benefit.r that are gained.
Bartley.rtated the.rtudy doe.r not addre.cr property damage unthin a building. He a.rked if ther��va.r a�ay to u�eight'dn
the building.c, occupant.r, and building/j�mperty a�ected. He feel.r thi.r i,c amj�ortant and needr to be addn.r.red. Driet�
.rtated they may have to create a new category a.r they are alr�ady conridering the number of building.r, but they may
need to connder the value of the building,r and pmper y in.ride the building.r.
Betidichek addr�.r.red under Building.r/Occupant.r Affected it ha.r a�veight of.9, and a.rked if they�vould con.rider.rub-
categorie.r. For example, u.ce the.rame u�eighting.ry.rtem svhere a large building unthout much.ctorage/pmpery rvoudd be
weighted a.c a.4, but in a denrity of more building.r and more.rtorage/pm�iery be weighted a.r a.8 or.7. Driet1
.rtated rvhere it.ray.r Building.r/Occupant.rA�'ected, could change to Building.r/Proper2y and break out Occupant.r into
it.r osvn.reparate category. Lanning.rtated d�culty lie.c in that buildings a�z eary to count, and there are e.rtimate.r of'
occupant.r per home, but value i.r.rubjective. Lanning liked Drietti's idea of.reparating out Occxpant.r into it.r o�vn
category. Thi.r di.rcu.rsion i,r a key point, a.r thi.r information svill nosvgo into the.rprear�rheet and urtll begin ranking
item.r. However, .rhe.rtre.r.red they do not u�ant to go back and change the criteria it.relf.
W'eldon a.rked when doing the 0-S as.re.r.rment, if that determined the gradation of.reverity of the potential damage to
properly. Lanning,rtated,ye.r, they have combined buildings a�ected ivith occarrpant.r a�'ected. Dreitti.rtated they
cur�zntly don't have the property value, the amount of proper y damage in conrzderation;ju.rt counting numberr of
buildings a.cruming a1l thing.r being equal. t�eldon commented thi.r may be a variabde to add.
Driet�would like to maintain the wefghting.ry.rtem they have;the.re numberr apply to how that particr�rlar categnry I
po.re.r an immediate thr�at to life and safety. Bartley a.rked about occuj�ant.r a�'ected;are they di.c-placed or a�they not
di.rplaced. CitiZen Safety i.r a little d�erent. Occu.pant.r underBuilding.r/Occupant.rAffected, an occupant of a
.rtorage facility or a town home, or a home that i.r a�'ected or flooded affect.r theirpropery, their value, their income, etc.
I
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28 �
Maybe under occupant it i.r a broad enough category that con�iderr proper y damage. Driet�stated if they were to
break it out a.r it.r own cate�gory a.r it relate.r to.rafety, it would have a lower weight. Bartley a.rked about impact to
occupant.r;.rtorage facilitie.r,garage.r, home.r, ba.rements, etc. Bartley u�ould like to.ree an occupant impact.rtatement
.romezvhere.
Lanning que.rtioned con.ren.ru.r in hauing Building.r a.r it.r own category and Occupant.r a.r it.r own category.
Mun.rterman.rtated that i.r corr�ct. Beed a.rked if building.r�vould then have a lower iveighting. Lanning.rtated they
�vould need a little time to�vork on thi.r to come up rvith a varration of.ruch. She.rtre.cred thi.r i.r�vhy it i.r critical to get
feedback at thi.r point. She readitier they are not rhouang re.rult.r tonight, but thir i.r a key point and they don't want to
fZa.rh up re.rult.r thi.r rveek and next rveek.rhorv.rome d�erent n.rult.r and confuse people in the pmce.r.r.
Weldon stated ther�.reem.r to be agenera!con.ren.ru.r that there are adju.rtments to make to thi.r and�vill bring back the
next.rtep in thi.r procers to the council next month.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A discussion on the city/county space needs was added to the agenda. A
motion was made by Whaley, seconded by Brunner to approve the agenda.,as amended,which
included:
A. Action to approve the agenda as amended.
B. Action to award bids on surplus police car to Asia Motors in the arnount of$3938.00.
Bids were opened on January 20,2009. Four bids were received for the surplus 2006 Crown
Victoria Police Car (VIN# 2FAFP71W46X15503� from Bapridge Motors,Inc., Sta.ten
Island,NY for$2,880.00,Cheyka Motors,Inc., Schofield,WI for$3,511.00,Yousef
Dabbagh, Island Lake,IL for$3,G59.00,and Asia Motors, Inc., Chicago, IL$3,938.00.
C. Action on Resolution No. 04-09,a resolution authorizing Change Order (CCO#1) for
2008-02STI Downtown Streetscape Project with Bowes Construction, Inc.
Resolution No. 04-09
A Resolution Authorizing Change Order#1 (CCO#1) For
2008-03STI Downtown Stteetscape Project
Bowes Construction Company,Inc.,Brookings, South Dakota
BE IT RESOLVED by the City Council that rhe following change order be allowed for
2008-03SSI,Downtown Streetscape Project: Construction Change Order Number 1:Adjust
estimated bid quantities to change the bottom lift of asphalt cement from PG64-28 to
PG64-22 at a decrease of$3.18 per ton for a total decrease of$5,247.00.
D. Action on Resolution No. 06-09, awarding bids for Agricultural Land Rent(City
owned property purchased from Nichols).
Resolution No. 06-09
Resolution Awarding Bids on Agricultural Land Rent
Whereas,the City of Brookings opened bids for approximately 48 acres of Agricultutal
Hay/Pasture Land Rent for City-owned parcel located in Section 21-T110-R50 on Tuesday,
January 20,2009 at 1:30 pm at Brookings Ciry Hall;and
Whereas, the City of Brookings has xeceived the following bids for Agricultural Hay/Pastuxe
Land:Justin Thompson,Brookings, SD @$51.00 per acre;Dennis Welbig,Bxookings,SD
@$45.60 per acze;and Jason Voss,Brookings,SD @$45.00 per acre. .
Now Therefore,Be It Resolved that the high bid of Justin Thompson,Brookings, SD for
the high bid of$51.00 per acre be accepted.
E. Action on Resolution No. 07-09, a resolution relating to emerger�cy purchase of
airport snow plow.
Resolution No. 07-09
Resolution Relating to Emergency Purchase of Airport Snow Plow
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the City),
as follows: �
WHEREAS, for the Bxookings Regional Airport's snow plow has unexpectedly xequired
repairs that axe in excess of the value of the plow;and
WHEREAS,the Brookings Regional.Airport has an emergency need for the puxchase of a
snow plow to be utilized solely for.Airport usage;and
� s7
WHEREAS, the specifications for the snow plow meet Federal guidelines for
reimbutsement with FAA and SDDOT funds at a latex date.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Bxookings, South Dakota,to authorize the City Managet proceed with the acquisition of an
Airport Snow Plow due to the emergency need pursuant to FAA pxocurement procedures
and policies.
On the motion, all present voted yes;motion carried.
Presentation of the Dr. Martin Luther King,Tr Day Contest Winners The 2009 Theme was :
"Greatness Through Service." The winners were: Grades K-1 —Poster: 15C Place Jesus Arroyo;2°a
Place Eleanor Abraham;Grades 2-3—Poster: 15C Pla.ce Lauren Simon;2�'Pla.ce Cain Lounsbery;
Grades 4-5—Poster: 15L Place Maggie Helgeland;2°d Place James Choi;Middle School—Essay: 1�`
Place Jackie Meyer;2°d Place Damon Bayer;3�Place Tie Sara He and Jenna Scarbrough;High School—
Essay: 1S`Place Jeff Zhang;2"d Place Cortlyn Hagman.
1et Reading—Ordinance No. 01-09 - Rezonin� A fixst xeading was held on Ordinance No. 01-
09, a petition to rezone the East 60 feet of Lot G,Beale Addition from a Residence R-2 District to a
Planned Development District (1316 6`" St.). PublicHearing.• February >0,2009
1"Reading—Ordinance No. 02-09- Rezonin� A fitst reading was held on Ordinance No. 02-
09, a major amendment to a Planned Development District on Lot G,Beale Addition pertaining tcl a
change in land use from Residence R-1B District uses to Residence R-3 and Business B-2 District '
uses (1300 block on 6�'St.). Public Hearing.• February 10, 2009
1"Reading—Ordinance No. 03-09 - Rezoning: A fitst reading was held on Ordinance No. 03-'
09, a petition to rezone the North 115 feet of the East 50.1 feet of Lot G,Block 3,Fixst Addition
fxom a Business B-2A District to a Business B-2 Distxict (506 3`�St.). Public Hearing.• February 10,
2009
18t Readin�—Ordinance No 04-09—Conditional Use A fitst xeading was held on Ordinance '�
No. 04-09, an application for a conditional use to esta.blish a two-family dwelling on the South '/a af
Oudot 11 in the SW '/< of Section 35-T110N-RSOW (1812 Main Ave. So.). Public Hearing.• February
f0, 2009
Resolution No 05-09- Lease Real Pro�etiy_ A public hearing was held on Resolution No. OS- '
09,a Resolution of Intent to Lease Real Property (Lease to Foundation Seed Stocks for Wiese and'
Freeland Addition fartnland). A motion was made by Reed, seconded by Whaley, to approve
Resolution No. 05-09. No public comment. All present voted yes;morion carried.
Resolution No. 05-09
Resolution of Intent to Lease Rea1 Property
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with Foundation Seed Stocks fox a period of one (1) year,
commencing on March 1,2009 and ending February 28,2010 and pertaining to the following '
described property: The designated farmland in the Brookings Wiese Addition, thirty (30) acres
moxe or less in Section 30,T110N,R49W,and the designated farmland in the Brookings Freeland
Addition, forty (40) acres more or less in Section 18,T110N,R49W in the City of Brookings,
Brookings County, South Dakota.
The Lease will be an amount of One Hundred Five Dollars ($105.00) pex acre for farn�land annuall;�y,
payable first half on April 1 and the remaining half on November 1. The City of Brookings may
teixninate this Lease at any time in the event a parcel of the above described property is to be sold by
the City of Brookings. If a portion of the leased land is sold, the number of acres to be paid for will
be adjusted at the unit price per acre.
BE IT FURTHER NOTED,that a Public Hearing on this Resolution was held on January 27, 200�
at 6:00 o'clock P.M. at the City Council Chambers and that all persons were given an opportunity to
be heard on the intent to lease real property.
iJ�date on uv nile Justice Title V Grant Dan Mielke gave an update on the Juvenile Justice
Tide V Grant:Love and Logic Program. The City, school and county have each contributed$5,80p
towaxds the first year of this program. The money is processed by the county and the state
reimbutses the county for expenses. He has had one referral,with anothex in the pxocess. This is a
28 �
3-year Grant,which he will be resubmitting soon for continuing City, school and County support,
with the end of the first year being March 2009.
Draft Restaurant Lic�uor Operating Agreement. Weldon commented 20081egislation provided
the oppoxtunity for restaurants to serve liquor. The City has since adopted an Ordinance and fee
structure, and made some modifications to the operating agreement. Staff added the following
amendments to the curxent operating agreement: minimum establishment size (3,000 square foot),
point-of-sale system, and some audit requirements. In the agreement, Section 15, statutory citations,
does xefer to 2008's codified version of SB126. The question,in regaxds to how often to conduct an
audit, can be decided at a later date.
Munsterman requested to begin discussion with the changes that wexe made to the opexating
agreement.
Brunner is concerned if they limit a business to 3,000 square feet,it would be automatically cut some
businesses out. If someone meets the criteria,but has only 2,900 square feet,is it fair? He asked of
any 3,000 square foot existing resta.urant and is it necessary to have a square footage requirement if a
business can meet the 60/40 xequirements.
Bartley echoed Brunner's thoughts. There are some restaurants smaller in size,and they could meet
the 60/40 requirements. He feels this gets into an area we may not want to get into;limiting the
number of people that could take advantage of this. We will be able to gauge each of these licenses
based on their presentations. If it doesn't look like a resta.urant, that will be picked up fairly quickly.
Munsterman asked the council if they wanted to keep the 3,000 squate foot requirement. Bartley
would like to see it removed. Brunner commented to either remove it, or lower it.
McClemans stated the Council Chambers is approximately 2,400 square feet. If you put a set of
bathtooms and kitchen in this facility,it would still have room for ta.bles and a bar. 3,000 square
feet would encompass the room behind Perrq and the room. He believes these licenses were geared
for restaurants,but doesn't know if 3,000 square feet is the answer.
Weldon stated he had previously asked for clarification,if this was a size for just the building or a
size for the seating capacity and serving area. The answer he received back was the council wished it
to be the building,which is a little bit easier to determine. The 3,000 squaxe feet is written in mind
as the total size of the building as a structure,including kitchen/bathroom/ storage, etc. Something
helpful to ask would be what are the public policy considerations in the requirement of size. Do you
want it to be just for larger esta.blishments,and not consider Operating Agreements for smaller
establishments. It might be helpful if you ask youxself why you wanted a space limitation at all.
Reed wants to make sure applicants realize this has to be a xestauxant-type situation,which is taken
case of in the bill itself. You could get a very small place and be a restaurant that serves liquox.
Individually,we are going to have to look at and say`no,that doesn't make sense what you are trying
to do.' He would like the square footage xequirement pulled out,however feels it should be part of
the application process, so they know that is a requirement,versus in the actual operating agreement.
Here we are telling them they have to maintain the m;n;m�,after we've akeady given them the
license. It doesn't feel like it is in the right place in the application process. Weldon stated the
operating agreement is part of the packet of information given out to applicants;they use this as a
guideline. Reed stated the square footage requirement should be taken out of the operating
agreement. Whaley stated it doesn't make a difference. They are the ones putting their neck out
there if their business doesn't work. Bartley agxeed to take it out. There are building codes for
restaurants,handicapped accessibility, etc. Jackie Lanning, City Engineer, commented that zoning
regulations would kick in fox restaurants;requiring so many square feet versus seating and parking.
Bardey stated many of these issues are addressed in the zoning ordinances. Scott made note of
council consensus to remove the square footage requirement from the operating agreement.
Britzman stated these numbers are subject to a slight change. 35-4-2.1 in pending legislation is going
to be removed and renumbered. 1026 will probably take 35-4-2.1 out and place some of that
language elsewhere. It is a good idea to have this, although we had a general statement that they will
comply with the ordinances and state statutes elsewhere in the Operating Agreement. Britzman has
no objection to it,but the numbers will likely change. Munsterman asked if they wanted to be more
general in that. Weldon stated the first sentence in the e�cisting la.nguage addresses it all irregardless
of what the state does in terms of recodifying the state sta.tute and the numbers change that would
get us away from that. The point is that applicants know there are some different requirements
289
associated with operating a business that kick in from different parts of state law, and they need to
be aware of those. He was hoping that by putting the state statutory citations in there that that
would draw their attention to those issues that they need to be concerned about. We can help them
through that pxocess at the same time. Munsterman suggested providing them with copies of
current pertinent legislation. Munsterman stated general council consensus to strike that wording.
"Section Xviii (18): The Manager agrees to utilize an industry-standard point-of-sale cash registex
system as a means of producing records meeting state and local audit requirements. The City shall
have the right to requite, and the Manager the obligation to provide, applicable financial information
as a means of auditing compliance with state and applicable laws,in a format determined by the City,
with 30 days written notice." Munsterman is comfortable leaving this as is in the opexating
agreement.
Bartley stated he has no problem with the second sentence: "T'he City shall have the right to
require, and the Manager the obligation to pxovide, applicable financial infoxmation as a means of
auditing compliance with state and applicable laws,in a format determined by the City,with 30 days
written notice.";however, there are no state audit requirements. There is no industry standard
point-of-sale cash register system out there that he is aware of. Munsterman stated his
understanding of the audit requirements is for us to keep track of the 60/40. Britzman suggested a
slight word change after the word `state and local'remove the audit requirement. In a sense,it is not
technically an audit requisement;it is a statutory compliance requirement. The audit is the tool to
ensure they are in compliance. Our ordinance incorporates the State's 60/40, so it is a local
requirement as well. It was suggested to strike in the first sentence the word `audit' and replace with
`reporting' for the fitst sentence to read as: "The Manager agrees to utilize an industry-standard
point-of-sale cash register system as a means of producing records meeting state and local reporting
requirements."
Baxtley strongly suggested taking out the industry standard point-of-sale cash register system as a
means of pxoducing recoxds. You don't tell the state what system you use, the state doesn't require
a certain system,nor does the fedexal government. A point-of-sale cash register system can be ma.de
to say anything you want it to say. T'his is above and beyond the requ.itements fox someone to
report their information. If they are audited, they will have to show the support for the data they
provided.
Munsterman referred to Kip Pharis's comments and how restaurants use them as a tool, to print o�tt
the reports that they need.
i
Whaley feels something should be sta.ted. If we turn it in and there's alcohol on there where it ,
should be a dinner. Thinks there should be a good point-of-sale system stated in there. !
Reed feels if a point-of-sale system is stated,it would give some better control. If it stops someon�
from applying, they will hear about it. He is ok with leaving it in for now.
McClemans —Kip Pharis stated anyone getting into that type of business,investing$$in a buildin�,
f�tures, etc.,they would have it from a knowledge of what they sold,what product is not selling,
etc. In some ways,he agrees with Baxdey,it is not going to correct alterations of people's
bookkeeping. It gives us an opportunity to maintain a better ....these licenses were issued for food,
for restaurant with a 60/40 requirement. It makes it easier for the operator and city ox state to
monitor it,in his opinion. It is not a deal breaker.
Bezdichek asked Britzman when you read industry standaxd,is there one? Britzman stated he reallyr
doesn't know for certain. He stated if thexe is not an industry standard,take it out.
Weldon stated he struggled with language when putting this together. Thexe is not an industry �
standard,but his intent of that language was to say you have a system that is commonly used by
business/industry of this type,and not just putting change in a coffee tin and using that as your cash
register. There really isn't an industry standard. T'he other problem is in the way technology
changes,what they use today may be obsolete in a couple years.
Bardey feels we are covered in the second sentence,whexe it says `manger obligation to provide,
applicable financial information.'They need to give us financial information that is applicable. Thei�
have to have a system,but we don't have to tell them what it is.
29 �
Munsterman asked City Manager Weldon to clean up the language on it as is, and put on an agenda,
for further discussion. We can then have more discussion before they take action whethex or not to
require that point-of-sale cash registex system for those purposes ox not.
Reed asked if we curxendy audit anybody? Is this something we've done before as a city? Weldon
replied in his 13 months here,that answer would be no. City Clerk Thornes would probably be able
to give you information beyond that. Reed stated that is part of the problem as this is something
that we as a city haven't gotten into before. What would be the process,who would be the people
involved,what would it cost. What is Finance Director's time if she is the one to do it? Weldon
said an audit would only be the extent they are complying with state law: 60/40 and any other
requirements in our Operating Agreement or any place else in city ordinances. Not so difficult our
finance staff couldn't do this effectively. Chances are we would only do it under reasonable
suspicion. State Law states that each business must submit an annual report to the city and we
would use that as a basis for the compliance check and take it from there. Reed would like to hear
staff's thoughts on this and if they have any issues with what we are asking for.
Munsterman said it's a matter of taking the first two off and working on language under 18 to get it
where we want it. He doesn't want the third one settled without knowing the language is the way we
want it. He would like to wait on that one,but take the first two off.
ADDED AGENDA ITEM 14A: Appointment of Committee for Space Needs. Munsterman
wanted cleat clitection from the council if they venture into a city/county joint space discussion. He
asked if the council was fine with proceeding with those discussions. In the discussions, on the city
side was Reed,Weldon and Munsterman at the last meeting. Verbal consensus was given.
Executive Session. A motion was made by McClemans, seconded by Reed,to enter into executive
session at 7:12 p.m., for consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters with the City Engineer, City
Manager, City Attorney and Deputy City Clerk present(City Engineer left at 7:28 p.m.). A motion
was made by Reed, seconded by Whaley to exit executive session at 7:46 p.m.
A 'ourn A motion was ma.de by Reed, seconded by Whaley, to adjourn. All present voted yes;
znc.-�iion carried. Meeting adjourned at 7:48 p.m.
CITY OKINGS
cott unsterman,Mayor
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`' hari� ornes,City Clerk
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