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HomeMy WebLinkAboutCCMinutes_2009_02_10 291 Brookings City Council February 10, 2009 The Brookings City Council held a meeting on Tuesday, February 10,2009 at 5:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley, Mike Bartley, 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. Possible eastside relocation of Brookings Area Transit Authority Service Brenda Schweitzer, BATA Executive Director,visited with the Council about the possibility of relocating the BATA facility to a different location that would provide a laxger facility. BATA currently owns a building on grounds provided by the Brookings County Highway Department with no opportunity to expand the building. They are considering selling the building to the County if they re-locate and build new facilities. Because of their funding, they would like to own their facilities as opposed to leasing them. BATA discussed with the City Council using some of the city property on 32"d Avenue North somewhere in the Weise Business Park ox just north of the R&T Center. With good access to I-29, Hwy 14, the Hwy 14 by-pass, and many trip-destination employers such as those in the Telkamp Industrial Paxk,BATA views this as a good location. These sites are slated for an expansion of commercial activities,howevex, the co-location of transit services to augment and support commercial activity could be advantageous to development; and dedicating a few acres to such a service in this area should not unduly restrict the availability of land for commercial development. Schweitzer estimates a 20,000 sq. ft. building, approxirnately 124'x 134'in size,would meet theit needs. The building would be of steel-frame construction. Schweitzer stated there is some possible stimulus package funding that they would qualify for. Bruce Lindholm,Pxogram Manager for local transportation programs related with SDDOT,is confident they would qualify for stimulus funds. The grant has to go to who owns the land; the city/county maintains the land and building, and in turn lease it to the transit. If the building is not used for transit, the federal share of the building has to be returned. The downside of applying for these funds is that projects will have to be ready to go within 90 days of signing the bill. T"his would be a fairly monumental task. Other potential locations discussed were: in the industrial park on the south side of Hwy 14, city property by the airport, and SDSU propexty by the airport. None of these were seemed as appropriate due to traffic congestion, too narrow of a lot, and possible FAA regulations regarding properry use by the airport. Munsterman requested this to be added to the next council work session fox further discussion. Youth Education and Skill enter (YES Center�, Randy Hanson gave the following presentation on the YES Center. Hanson�epresented the exploratory committee and prelirninary design committee. YES Center Charter: A planned nonprofit organization striving to provide youth,young adults, active seniors, sportsmen and equine lovers of all ages with the education, skills and experiences related to our Dakota Heritage. Center Com�onents: precision sports ranges,riding arena and livestock facilities,horse stalling facilities, classroom, conference, sewing/metal/wood shop and exhibition spaces, outdoor classroom axeas, County Extension Office (4-H,Agronomist,Nutritionist), Volunteer Service Bank. Precision S�orts Ran,ges (disciplines they teach):Archery,Air Pistol,BB Gun, small caliber rifles and pistol range,large caliber rifle shooting tubes,Potential Techno-hunt range Leadershiti: The YES Center is a planned non-profit corporation, to be governed by a Board that is responsible for facilities management(including staffing�with representation from a Precision Sports Group, City, County, 4-H, and Equine Group (Riding,Rodeo). T'he South Dakota 4-H Foundation, Inc. (501c(3) entity) has currendy set up two fundraising accounts: Precision Sports Fundraising Account, and Riding Arena Fundraising Account. 29Z Beneficiaries &Stakeholders: Genexal: Youth, families, sportsmen, SDSU Students, County personnel,law enforcement, City of Brookings,active seniors,general public and volunteers. Specific: Youth: 4-H (shooting sports, sewing/metal/wood shop, animal projects, & others),youth riding classes,Boy and Girl Scouts, area schools, NFAA After School Archery Program,Hunt Safe Training, County Extension. Others: SDSU (ROTC, student classes,Rodeo Team), open community (riding, classes, shooting sports programs), County events, City, State Depaxtments (GF&P),local sportsman &theix groups such as: Big Sioux Bowmen,PF,DU,NW�I'F, RMEF, NR.A,Beacon Hill, Gun Club,Brookings Wildlife Assn.,local businesses,Law Enforcement, Selected Horse Events (4-H and General Public). Impact: This facility will serve Eastern SD, SW Minnesota, as well as hosting regional and state-wide events. Precision S�orts Ranges: Objective: Provide an indoor teaching and training center for year-round precision sports while also encompassing outdoor skill development. Program Skills I.earned: Social and group activity skills in sportsman ethics,hunt safe, archery,air& BB gun,pistol,and rifle skills and equine,livestock,small animal projects, sewing,metal,wood shop &others. Skill Development would include: equine&xodeo, 4-H (various),hunting, fishing, and othex outdoor skills. Recurrin,g Events (daily/weekly/monthly): 4-H&SDSU Shooting Sports, SDSU&4-H Rodeo practice/events,pistol&archery leagues, Sportsmen meeting&training location,law enforcement qualification&training location, open communiry xiding, County Extension exhibits/classes,la.rge caliber rifle shooting S�ecial Events: 4-H Shooting Sports regional events, SDSU&4-H Rodeo events,Equine Jackpot/Barrel Futurity events, Sportsmen Annual Meetings, County&general public meetings, 300 shot archery and fall events, Sta.te indoor 300 shot axchery events,Sta.te pistol events,law enforcement state shoot events,bow hunter education training events,National Guard regional shoot events, SDSU ROTC marksman shoot events Facilities: 128,376 sq. ft.multi-use facilities (Core Axea—County Extension Offices, conference, classrooms,kitchen,bathrooms, corridor and viewing areas—29,560 sq. ft.;Shooting Ranges— 13,616 sq. ft.;Arena&Stalling—67,200 sq. ft.;Stand-alone Barn—6,000 sq. ft.;Livestock Canopy Barn—12,000 sq. ft.). Land 10-11 acre site: 34`�Avenue location preferred,proximity to Swiftel Center, City, SDSU, site identification is in progress Projected YES Center Cost (not including Iand): $5.4 million (estimated);Shooting Ranges -$1.1 M; County Extension Office and core area- $1.7 M;Arena and stalling area- $2.1 M;Stand-alone Barn -$216,000;Livestock Canopy Barn-$220,000;R.ifle Tubes -$70,000 Funding Plan: Shooting Ranges (SD GF&P and orga.nizing local fund raising,�,4H Foundation (identification of potential givers, and asking team organization in process),City and County (requires city and county financial support),Equine (organizing local fund raisin� Im�act for Brookings Area: With help from the Visitors Promotions Department of the Chamber, we used the projected number of event days, overnight stays,and other economic indicators to come up with an estimate of the economic impact to the region from this faciliry of $1,106,000/year. Number of Peo�le Served: Currendy there axe over 100 youth enrolled in the 4-H Shooting Sports, 60 students in the SDSU Rodeo Program and ovet 800 other youth served in other County Extension and 4-H Pxogxams and Clubs. We anticipate over 3,800 attendees for the special events throughout the year. We axe still working on how many will be involved in the Sportsmen events, law enforcement,active seniors, community equine,judging schools,livestock shows,etc. There are over 400 youth&extension volunteers,as well as over 300 active members of the Volunteer Service Bank that are housed in this facility. Oneration and Maintenance Budget: the Shooting Spotts Budget areas are complete;the county and equine groups are in development. Initial indications are that the Shooting Sports and Equine areas will be self-sustaining. Munsterman recommended this be put on a future council work session for further discussion. The Brookings County Commission has endorsed this endeavor. There is no specific timeline. 293 Cage/Ultimate Fightin� Council Member Bezdichek requested discussion on this issue. City Attorney Britzman provided ordinances from the cities of Sioux Falls and Vermillion related to cage and ultimate fighting to serve as model ordinance examples to review and discuss. Bezdichek clarified that his concern with cage/ultimate fighting is that it occurs in a city-owned facility. He would like to see something similar to Sioux Falls Ordinance Section 673,where these types of events are not allowed in any city-owned facilities. Britzman stated extreme fighting can be defined as mi�ced martial arts. Vermillion&Sioux Falls limit the activity in public venues. Britzrnan suggested a basic set of rules for protection of city and those participating: insurance covexage,medical personnel on hand during event,rules as to types of activity that can be utilized in a contest. A required permit would trigger a notice that this activity will be going on,and state the xegulations. The ordinance would require direction fxom a regulation standpoint. This falls under general powers: Safety/health or Welfare. Weldon stressed keeping the best interest of the Swiftel Center in mind. These a,re regulated events governed by referees. The past si�c such events had approximately 3,500 in attendance. We can't ignore what it does for the facility. We hire Venue Works to do a job for us and this is part of that. If we erode at the base and start limiting the types of events we want to have,we axe strangling the ability of Venue Works to keep the Swiftel Center successful. Tom Richter, Executive Di�ector of the Swiftel Center,Jeff Kossman, Fury Inc.,and Steve Peters, President Venu Works, stated these events have been held without incident and are held in over 30 states. Council di.rcu.rsion: CounczlMember.r Whaley and Br�rnner agreed Venui�ork.r sva.r hired to manage the S�vifte! Center, and the council need.r ta let them do.ro. CouncilMemberr Bartley and McCleman.r.rtated thi.r i.r a form of entertainment�vhich i.r be.rt held in a contmlled envirnnment. Aeed�vould like for the council to have the ability to.ray `no'to an event. He feel.r an ordinance i.r needed to contro! the.re event.r svithin the city, a.r the Suriftel Cerrter i.r curr�ntly the only facilfty capable of holding the.ce tyfie.r of event.r. ACTION: A motion was made by Munsterman, seconded by Reed, to have the City Attorney and the City Manager develop an ordinance regulating cage/ultimate ftghting. All present voted yes; motion passed. 6:00 P.M. CITY COUNCIL MEETING Consent A,genda: A motion was made by Reed, seconded by Whaley to approve the agenda as amended,which included: remove agenda item 4D,and make note under item 4C that Option A is prefexred. A. Action to approve the agenda as amended. B. Action to approve the January 13 City Council Meeting Minutes. C. Action to awards bids for 2009 Ice Arena Project to_Beck& Hofer Construction, Inc., in the amount of$555,000.00. Six bids were received on January 27,2009 for the Larson Ice Center 2009 Red Rink Improvements,which consists of Construction,within existing facility, of elevated seating on the north side of the Competition Rink and finishing of the space below for locker room use. Work also includes a steel framed stair and removable wa]kway connection to the existing east mezzanine. Bids were evaluated and recommendations were made on two options. Option A includes the entire project, as included in the Base Bid,and will requite additional funding of$150,000 ovex the current funding of$500,000. Option B includes alternates which remove the stadium lockers and fuushing of the locker room area from the project. Option B can be constructed with the current funding. Option A: Beck&Hofer Construction,Inc. @$555,000; Clark Drew Construction, Inc. @$559,333;Swift Conttactors, Inc. @$570,000; GiI Haugan Construction, Inc. @$591,000; Peska Construction, Inc. @ $608,900;Sunkota Construction, Inc. @ $725,000. A/E Estimate$523,488. 29 � The low bid was submitted by Beck&Hofer Construction, Inc.,in the amount of $555,000.00. Our evaluation of Beck&Hofex Construction indicates that they are capable of completing the work requ.ired. Therefore under Option A,we recommend the award of a contract for construction of the Larson Ice Center 2009 Red Rink Improvements to Beck& Hofer Construction, Inc.,in the amount of$555,000. The following is an updated summary of the project budget undex Option A: Construction cost of$555,000;A/E Fees of$49,950;Reproduction costs of plans and specs of$5400; contingencies and misc. expenses of$39,650 for a total of$650,000. O tion B Base Alternate Alternate Contractor Bid No. 2 No. 3 Total Beck&Hofer Construction, Inc. $555,000 -$29,000 -$162,000 $364,000 Swift Contractors, Inc. $570,000 -$26,500 -$172,500 $371,000 Clark Drew Construction, $559,333 -$24,482 -$120,230 $414,621 Inc. Gil Haugan Construction, $591,000 -$29,300 -$133,900 $427,800 Inc. Peska Construction, Inc. $G08,900 -$24,500 -$129,700 $454,700 Sunkota Construction, $725,000 -$27,400 -$160,000 $537,600 Inc. A/E Estimate $523,488 Acceptance of Alternate No. 2 which omits the stadium lockers and Alternate No. 3 omits fuv.shing of the lower level lockex rooms will bring cost of the ptoject into currendy available funds. The Iow bid for the Base Bid + Alternate No. 2 + Alternate No. 3 was submitted by Beck&Hofer Construction,Inc.in the amount of$364,000. Our evaluation of Beck& Hofer Construction indicates that they are capable of completing the work requited. Therefore under Option B,we recommend the award of a contract for construction of the Larson Ice Center 2009 Red Rink Impxovements to Beck&Hofer Construction, Inc.in the amount of$364,000. The following is an updated summary of the pxoject budget under Option B. Construction Cost @$364,000.00;A/E Fees @$46,512.00;Reproduction costs of plans and specs @ $5,400.00; Contingencies &misc. expenses @$44,088.00 for a total of$460,000.00. D. Action to award bids for Fire Department Equipment. (Removed from the agenda. No bids were received.) E. Action to approve Resolution 08-09, to form a Complete Count Committee for 2010 Census. Resolution No. 08-09 A Resolution Establishing the Committee Count Committee for the 2010 Census for the City of Brookings, South Dakota Whereas, the United Sta.tes will conduct a complete census of its population during the 2010 Census;and Whereas, the City of Brookings has a vested interest in achieving a complete and accurate count of its population during the 2010 Census;and Whereas, specific intexests include increased Federal funds appropriations,accurate local statistical data.for retail attraction,and accurate data for community housing needs;and Whereas, some segments of the population are at risk for undercounting in the census; and Whereas,the input and support of individuals and organizations actively engaged with groups at risk for undercounting in the City of Brookings is necessary to achieve a complete count;and � J � Whexeas, a Complete Count Committee would bring together individuals from thtoughout the city coirunitted to achieving a complete census count. Now,Therefore,Be it Resolved, that the City Council of the Brookings, South Dakota, hereby establishes the Brookings Complete Count Committee to plan and implement strategies for achieving a complete count of Brookings city residents in the year 2010 United States Census,including those residents at-risk for undercounting. Pur�ose Statement/Goals: 1) Develop a community-specific 2010 Census awareness campaign. 2) Provide leadership in the promotion of the 2010 Census. 3) Commit to ensuring that every resident in our community is counted. Membershib: Due regard given to the following areas of representation: Local Government (Brookings City Council&Brookings County Commission, City and Counry Pla.nning Departments), State Government (Social Services,Vocational Rehabilitation),Higher Learning(South Dakota.State University: Administration, Student Senate, Diversity Office), Brookings School System, Senior Citizens,Business/Industry, Faith-Based Groups (Ministerial Association,Habitat for Humanity),Tribal Government, Citizens at large,and the Media. Residenc�: Each member of the Complete Count Committee shall be a resident of the City of Brookings. Meet�es: The Brookings Complete Count Committee will meet at least monthly from the committee inspection through May 2010 with the staff support of the City Manager's Office and Community Development Directox. u rum: A majority of the members of the Committee shall constitute a quonun for the transaction of its business. Coordinarion: The Brookings Complete Count Committee will cooxdinate its activities with repzesentatives from the U.S. Census Bureau's Denver Regional Office and with Brookings Counry Planning Zoning Officials. Now, therefore,be it resolved, that the City of Brooking duly authorizes the creation of a Complete Count Committee for the 2010 Census and the appointment of inembers with regard to areas of representation listed above. F. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson to abate a portion of the 2006,2007 and 2008 taxes in the amount of$943.36 for buildings located on leased sites LS-2,Airport Hangar Addition, Site C. G. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson to abate a portion of the 2006,2007 and 2008 taxes in the amount of$2,277.08 for buildings located on leased sites LS-2,Airport Hangar Addition, Site X. H. Action to approve an abatement request received from Boyd Meyer to abate a portiori of the 2008 taxes in the amount of$381.36 for properry located on the E34'9" Lot 17, Blk 12, East Medary Addition. I. Action to approve an abatement request received from Boyd Meyer to abate a portion of the 2008 taxes in the amount of$409.50 for p=operty located on the W36'3" Lot 17, Blk 12,East Medary Addition. J. Action to approve an abatement request received from Dennis and Lois Blocker to abate a portion of the 2008 taxes in the amount of$891.48 for property located on the Lot 63,Blk 5, Hyland Addition. K. Action to approve Resolution No. 12-09, entering into a Safe Routes To School Agreement, Project P SRTS(04) PCN 01X6,with the State of South Dakota and Brookings School District. Resolution No. 12-09 Resolution for Funding Agxeement for Safe Routes to School Project � 9 � P SRTS(04) PCN O1X6 WHEREAS, the City of Brookings and Brookings School District have identified the need to enhance pedestxian and bicycle safety routes near schools; and WHEREAS, it has been determined by the State of South Dakota that the pxoject is eligible fox Safe Routes to School Pxogtam Funding;and WHEREAS, the City of Brookings and Brookings School District are the sponsoring applicants for funds;and WF-iEREAS, the City is capable of administering the federal aid project;and WHEREAS,the project will meet all zoning and planning regulations and ordinances;and WHEREAS, the City is pxepared to maintain the new infrastructuxe;and THEREFORE,BE IT RESOLVED that the City of Brooking duly authorizes the Mayor of the City of Brooking to sign all documents for the funding agreement between the SD Department of Transportation, City of Brookings,and Brookings School District for Design,Letting and Consttuction of the Project. L. Action to approve Resolution 09-09,For Project Number PH 3245(00) PCN OOYA Orchard Drive and 22°d Avenue South Signal Project. Resolution No. 09-09 Resolution for Pxoject Number PH 3245(00) PCN OOYA Orchard Drive and 22"d Avenue South Signal Pxoject WHEREAS, the Brookings City Council has identified the need for Project Number PH 3245(00) PCN OOYA as hereinafter described: LOCATION: Orchard Drive and 22"a Avenue South,Estimated cost: $102,000. AND WHEREAS, The City of Brookings is obligated and hexeby agrees to provide pxoper maintenance as required for the project after construction is completed in accordance with State and Federal requirements. AND WHEREAS, The City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Roadway Safety Improvement Federal Funds, of which the State will pay a maxirnum amount of $90,000.00, and the City will provide a m;n;m�10°lo match for the pxoject. AND WHEREAS,The City of Brookings certifies that all work involved in the project will ta.ke place within the City's right-of-way and permanent easements, and that no additional right-of-way ot consttuction easements are required. AND WHEREAS, The South Dakota Depaxtment of Transportation is authorized and requested to program fox construction,Project Number PH 3245(00) PCN OOYA,and NOW, THEREFORE, BE IT RESOLVED, that the Mayor of Bxookings is authorized to sign the letting and financial agxeement betaveen the Department of Transportation and the Citp of Brookings, easement documents, and other related documents for Pxoject Number PH 3245(00) PCN OOYA. M. Action to authorize the Mayor to sign a letter of support for a Habitat for Humanity application for low interest loan funds through the SD Housing Development Authority HOME Program Loan Fund Program. On the motion, all present voted yes; motion carried. P�blic Hearing—Ordinance No. 01-09-Rezoning= A public hearing was held on Ordinance No. O1-09, a petition to rezone the East 60 feet of Lot G,Beale Addition fxom a Residence R-2 District to a Planned Development District (131G 6`�St.). No public comment. A motion was made bp McClemans, seconded by Reed, to approve Ordinance No. 01-09. All present voted yes;motion carried. 297 Public Hearing—�rdinance No. 02-09-PDD. A public hearing was held on Ordinance No. 02- 09, a major amendment to a Planned Development District on Lot G,Beale Addition pextaining to 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�'Street). Public Hearing.• Dan Hanson, Planning d�'Zoning, clarified this i,r a change from.ringde family to high-�.ridentiad, and i.r a ne�v initial development plan for the area. The Planning Commi.r.rion.ret three.rtij�ulation.r: additiona! land,rcaping on North and Wle,rt lot line,r, detailed information on u.re.r.rubmitted for minimum parking.rtandard.r, and a drinking e.rtabli.rhment a.r defined in city ordinance would not be permitted. The final develo1bment plan svould be.rubmitted to the Planning Commi.r.rion at a later date. David Kneip, 12�8 6`�St., is in favor of thi.r development. Kneip and hi.r neighborr concern.r lie�vith accet.r o�nf 13`b Ave. The inter.rection of 6�St. and 13`b Ave. i.r very busy urith Hillcrert School and Aquatzc Center tra�'zc. They .ree acce.r.r to the prvperty fmm 6`�St. a.r more favorable. Kneip que.rtioned if Gat�ke u�ould have to work u•ith SDDOT on thi.r i.r.rue. ACTION: A motion was made by Bartley, seconded by Reed,to approve Otdinance No. 02-09. Council di.rcus�ion: Council Member Bartley a.rked Gat�ke if he ha.r virzted with SDDOT in regard.r to acce.r.r fmm G`b Street, Gattike ha.r not. Han.ron.rtated the city's Zoning ordinance.r are.rtricter than SDDOT. SDDOT ha.r a maximum width of 40'for an acce.r.r drive;the city'.r i.r 30: Acce.r.r drive.r are mo.rtdy prnmoted o�of side.rtreets, not major arterial.rtreet.r. Highway >4 impact.r all local.rtreet.r that intersect with it. Council Member Brunner addcd the increa.red tra�'ic at 13`b Avenue and 6'�Street i.r al.ro due to SDSU clo�ing the 12'b Avenue acce.rs to campu.r, and remuting that tra�'zc to 13`b Avenue. Han.ron.rtated he svould be.rurpri,red if SDDOT avouldn't alloav u�ing the exi.rting acce.r.r to thi.r prnpery o�'of 6`�Street. The acce.r.r ta thi.r proper y need.r to be decided upon to be able to pre.rent a final proper y j�lan to the Planning Commi.crion. AMENDMENT: A motion was made by Whaley, seconded by Reed, to amend the main motion to maintain access to this property off of 6�'Street contingent upon SDDOT appxoval. All present voted yes;motion passed to amend. On the main motion as arnended,all present voted yes;motion passes. Public Hearing—Ordinance No 03-09 - Rezonin� A public hearing was held on Oxdinance No. 03-09, a petition to rezone the North 115 feet of the East 50.1 feet of Lot 5,Block 3,First Addition from a Business B-2A District to a Business B-2 District (506 3`�Street). No public comment.A motion was made by Brunner, seconded by Whaley, to approve Ordinance No. 03-09. All present voted yes;motion caxried. Public Hearing—Ordinance No. 04-09 - Conditional Use A public hearing was held on Ordinance No. 04-09, an application for a conditional use to establish a two-family dwelling on the South '/2 of Oudot 11 in the SW '/4 of Section 35-T110N-R50W (1812 Main Ave. So.). Han.ron ttated the Planning Commi.r.rion denied thi,r conditional u.re a.r there are no other medium den.rity u.ce.r in thi.r neighborhood, and there ar�available lotr in the community for thi,r u,re. They didn't.ree thi.r a.r an appmpriate conditionad u.re for the neighborhood. Public Comment.• Nita Sachen, >802 Main Ave. So., .rpoke again.rt thi.r conditional u.re. She n�ide.r to the north, and i.r currently concerned svith the number of vehicle.r parked in the driveway, and if changed to a 2 family d�vellfn� there�vould be po.c.ribly more vehicle.r. She doe.r not like the idea of turning the backyard into a parking lot and fencing it in to accommodate the extra vehicle.t. She al,ro e.xj�re.cred concern.r urith the inherent ri.rk ofpartie.r. ACTION: A motion was made by Bartley, seconded by McClemans, to approve Ordinance No. 04- • 09. Councrl Di.rcar.r.rion: CouncilMemberBartley.rupport.r the Planning Commisrzon'r recommendation to deny thi.r conditional u.re.All present voted NO;MOTION FAILED. Resolution No. 10-09 - Lease Real Prouertv. A public hearing was held on resolution No. 10-09, a resolution of intent to lease real property (Nichols). No public comment. A motion was made by Reed, seconded by Whaley, to approve. All present voted yes;motion carried. Resolution No. 10-09 Resolution of Intent to Lease Rea1 Property BE IT RESOLVED by the governing body of the City of Brookings, South Dakota,that the Ciry of Brookings intends to enter into a Lease with Justin Thompson for the 2009 season, commencing on 29 � February 15, 2009 and ending December 31,2009,and pertaining to the following described property: The designated farmland, forty-eight (48) acres more or less in Section 21,T110N, R50W in the City of Brookings,Brookings County, South Dakota. The Lease will be an amount of Fifty- One Dollars ($51.00) pex acre for pasture/hayland annually,payable first half on April 1 and the remaining half on November 1. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on February 10, 2009 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. Resolution No. 11-09- Lease Real Pr�erty. A public hearing was held on Resolution No. 10-09, a resolution of intent to lease real property (Kastnex). No public comment.A motion was made by Reed, seconded by Whaley,to approve. All present voted yes;motion carried. Resolution No. 11-09 Resolution of Intent to Lease Rea1 Property to Private Entity BE IT RESOLVED by the governing body of the Ciry of Brookings, South Dakota that the City of Brookings intends to enter into a Lease with Wayne Ra.abe and Michelle Hartman for a period of one year and pertaining to the following described property: Lot Fifteen (15) in Block Twelve (12) of East Acres Second Addition to the City of Brookings, County of Brookings, State of South Dakota;also known as 368 22"d Avenue South. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this 10�' day of February,2009 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. Lease Agreement: 368 22nd Ave. So. A motion was made bq Reed, seconded by Brunner, to authorize the City Manager enter into a lease agreement with Wayne Raabe and Michelle Hartman for the rental of property location at 368 22"d Avenue South. No public comment. All present voted yes;motion caxried. Public Hearing- House Moving, A public hearing was held on a house moving request from Misty Ca�lson to move a one-story, single family dwelling (Governor's House) from Springfield, SD to Lot 12A,Parsley Way Addition,also known as 517 Shamrock Lane. No public comment. A motion was made by McClemans, seconded by Reed,to approve. All present voted yes;motion caxried. �uarterly Financial Re�ort for the Brookings Municitial Liquor Store. Weldon gave an overview of the BMLS 4�'quarter financials. The net profit was 14.75%, significantly above the 8% projections. T'he margin was 10.87%and the override was 9.11%,with net operating profit of 8.19% fox retail. He sees these increases being due to the changes made in the opexation from mid- yeax on. Broo ' s Health Systems Task Force. Bartley stated his intention is not to facilitate a sale of the hospital,but rather look at how to levexage the asset to get things for the city that it can't get for itself. He would like to see the City Manager and BHS Boazd President form this task force and set the mission,goals and objectives. A1 Heuton,BEDC Executive Director,gave an overview of the Long-Term Health Care Study in progress. The scope of the study has been expanded to look at re�ement community development as well,not just nursing homes. They have received three Requests for Pxoposals,and have conducted a phone interview with the preferred consultant. Heuton projects having a consultant on board within the next 30 days. It will take approximately eight months to conduct the study itself. Munsterman stated we need to detexrnine what our market,what our niche,in the region is and how does it fit within the economic development plan. The task fozce would look at whether or not to keep the hospital. Bartley believes looking at the Hospital as an asset should be dealt with pxior to the Long-Term Health Care Study. He feels as an elected official,it is a duty to take that look...to look at all options. 299 Munsterman agreed that resources need to be used appropriately for the best benefit and the economic development plan. What is going to come out of the study will help make decisions on how to leverage assets. This is something that is going to take some time. Brunner questioned if the Long-Term Health Caxe Study will be looking at some of the th.ings Council Member Bartley wants this task force to look at. Munsterman stated the information found ' in the study will give a picture of health care delivery. The study may find owning the hospital independendy is better than selling it, ot discover that we need a partner. It will help find the information which isn't in front of us today, to give the scope of health care; that is the picture he wants the council and BHS Board need to have in fxont of them before discussion ensues on what to do with the asset of the hospital. Baxdey asked if the study would be expanded to cover those things the hospital does. Heuton clarified there is a component in the study which looks at services required by retirees;however,it does not address everything the hospital does. Reed understands it as looking at the best option for long-term health caxe. The study was broadened to look at how does health care relate in total to long-term caxe versus just the bui.tding. It should tell us what we need for retirees. Bartley stated the study is limited in scope. Thexe is some overlap,but not enough of the issue of the hospital ... the entire asset functionality. Nursing, sports medicine, etc. are not covered in the study. Whaley said everyone is concerned about the future of the hospital,but has never heard anyone say `sell the hospital'. She feels updates from the BHS Board to the Council would be helpful in knowing what is going on,what the issues are. Need to look at all age groups,not just those of retirement age. If stay focused on long-term, an age group is being xnissed. Munsterman asked if there is a need for a second task force. Baxdey stated the long-term study has a focus and doesn't want to change that midstream. However, this task force he envisions to be less intensive;not entitled to make any decisions. Roberta Olson, Chair of Strategic Pla.nxung Committee, stated they intend to continue with theit internal work and will work with the Long-Term Health Care Study results when the study is completed. Olson sees a high level of satisfaction of care at BHS and believes they are on track with health care trends. She discouzages forming another task force. Debra Johnston,BHS Board member, stated if maxirii?ing health care is being looked at, there are opportunities for growth/expansion. The medical field is a constantly changing environment. Her concern is asking people without a medical background to make decisions on where to go with health care in the community. She sees this as asking another set of people to do what the BHS Board has been charged with doing and is not the best use of resources. Bardey questioned why the concern at looking at this. There are four new BHS Board members who were not axound at the time the regional medical providers gave pxoposals a few years back. He doesn't understand the downside of looking. Brunnet expzessed his confusion of what is or isn't being looked at in the Long-Term Health Care Study. Reed clarified the proposals reviewed four or so years ago was a result of the Brookings Medical Clinic being sold to Avera. That caused some concern as to what is going to happen to our hospital asset. The BHS Board stepped up at that time and stated the best way to go forward was to stay independent. The BHS Board has made good decisions in the past and sees no reason to not trust in their decisions. McClemans stated the council has been out of touch with the BHS Board when council members no longer served as ex-officio members of the board. The council needs to be better informed. He is not aga.inst nor for a task force, and is willing to forwaxd with the BHS Board's judgrnent. Munsterman recommended a joint meeting of the BHS Board and the council to discuss and review the BHS Board's strategic plan;where they have been,why they are where they are, and where do 30 � they want to go. He is in favor of putting two council members on the BHS Board as ex-officio members. ACTION: A motion was made by Bardey, seconded by Whaley, to ditect the Ciry Manager to bring a proposal for the task force for the Brookings Health System xeview. All members voted no, except Bartley and Whaley voted yes;MOTION FAILED. ACT'ION: A motion was made by Munsterman, seconded by Whaley, to set aside time for a joint meeting of the City Council and the Brookings Hospital Board of Trustees to xeview and update on their strategy. Whaley added a friendly amendment of ineeting every other month. All present voted yes;motion passes. Council Member Brunner requested a report from BEDC on the Long-Term Health Care Study and what it is going to be looking at. R�vised Restaurant Liquor O erating Agreement. Weldon stated the only amendment is on page 5, Section XVIII of the opexating agreement. He recommended stri.king the entire first sentence, and deleting the term`auditing' and inserting`reporting'in the second sentence. Bartley and Reed agreed. Bardey asked if Brunner found anything that defined the Point-of-Sale System. Brunner did not find a clear definition, only reference to a computer-means for deter+,,;r,;,,g point-of-sa1e. He doesn't think it matters what type of system,as long as it is electronic to allow for a firm xeporting mechanism. Bartley stressed it must be a system that is able to be audited. McClemans asked if those licenses will belong to the city and if they would be the same as an operating agreement. Britzman stated it is uncertain if the state considered those licenses owned by the city or the licensee, as the statute doesn't address that point. He feels these licenses would be treated much the same as the curxent opetating agreements. McClemans asked if the license would belong to the city. Weldon clarified they would. ACTION: A motion was made by Whaley, seconded by Bartley,to remove the first sentence of Section XVIII by recommendation of the City Manager. Di.rcu.rrion: Reed.rtated he i.r.rtill.rtruggling on thi.r i.r.rue in r�gard.r to the 60/40 and.rtate requirement.r. He .rugge.rted taking out `indu.rtry-.rtandard'and let the dicen.ree come srp�vith their own.rystem. The licen.ree know.r they �vill be audited and if not re�iorting what they should, their licen.re could be pulled. Munsterman a.rked to r�view the operating agreement one mo�time with edited change.r and bring back for fina!appmval at the next meeting. On the motion,Brunner and Munsterman voted No;Bartley,Bezdichek,McClemans,Reed and Whaley voted yes;motion passes. A 'o rn A motion was made by Munsterman, seconded by Whaley, to adjourn. All present voted yes;motion carried. Meeting adjourned at 8:47 p.m. CITY OF OOKINGS ��---- GITY p,c3 oa�,. •;N���,p._�„ Sco . unsterman,Mayor o. . x. • �? f�99 °ic`� N� 8' �'4��'•. .• `1���// SoU H D,: ari Thomes,City Clerk