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HomeMy WebLinkAboutCCMinutes_2009_04_07 327 Brookings City Council April 7, 2009 The Brookings City Council held a meeting on Tuesday,Apri17, 2009 at 5:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman (left at 6:45 p.m. and returned at 7:45 p.m.), Council Members Julie Whaley (arrived at 6:30 p.m.),Ryan Brunnex,Tim Reed,Mike McClemans and Mike Bartley. Council Member Tom Bezdichek was absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Bardey, seconded by Reed, to enter executive session at 5:00 p.m. for purposes of discussing comperitive pricing strategies with the Ciry Council, City Manager, City Attorney, City Clerk and BMU Executive Ditector present. All present voted yes; motion carried. A motion was made by Brunner, seconded by Reed, to leave executive session at 5:27 p.m. All present voted yes;motion carried. No other action was taken. Brookings Munici�al Utilities Financial Re�orts. Laura Julius,BMU staff,reviewed updated BMU financial reports and responded to questions. No action was taken. 6:00�.m. Meeting Review. Jeff Weldon, City Manager,responded to questions pertaining to the action items on the agenda. City Clerk Report. Shari Thornes, City Clerk,provided a briefing on upcoming invitations and obligations. 6:00 P.M. REGULAR MEETING Consent Agenda. A motion was made by Brunner, seconded by McClemans,to approve the consent agenda: A. Action to approve the agenda. B. Action on Resolution No. 33-09, awarding bids for electronics storage shed for landfill. Resolution No. 33-09 Resolution Awarding Bid for Electronic Storage Building for the Landfill Whereas, the City of Brookings received the following bids for an electronic storage building at the March 31,2009 bid letting: Mills Construction,Brookings, SD for$123,900.00;Clark Dxew Construction, Inc.,Brookings, SD for$129,900.00;Daren Construction, Inc., Sioux Falls, SD for$129,941.00;Peska Construction, Inc., Sioux Falls, SD for$132,750.00; Robbins Construction,Brookings, SD for$142,871.20;Empire Builders, Sioux Falls, SD for $143,722.00;Beck and Hofer Construction, Inc., Sioux Falls, SD for$145,900.00;Dallas I. Hanson Construction, Inc., Ortonville,MN for$146,800.00;Lehtola Builders, Inc.,Lake Noxden,SD for$156,533.00; Gil Haugen Construction,Sioux Falls, SD fox$172,000.00;and Baldholm Construction, Inc., Masshall,MN for$181,320.00. Now Therefore,Be It Resolved that the low bid from Mills Construction of Brookings, South Dakota,in the amount of$123,900.00 for the above-mentioned electronic storage building be accepted. C. Action to award bids for golf course mowers to Midwest Turf in the amount of $197,151.00 for schedule five. MIDWEST TURF POTTER BID TAB & TURFWERKS COUNTY GOLF COURSE MOWERS IRRIGATION IMPLEMENT MARCH 31, 2009 Omaha,NE Sioux Falls,SD Ge sbur , SD SCHEDULE 1. • Five (5) green and tee mowers $116,810.00 $109,950.00 $103,255.00 with trade SCHEDULE 2 Two (2) five gang fairway $74,607.00 $70,250.00 �$68,478.00 mowexs with trade 4• 32 � SCHEDULE 3 Two (2) seven gang fairway $102,463.00 $92,456.00 no bid mowers with trade SCHEDULE 4 Five (5) green and tee mowers plus two (2) five $171,947.00 $174,950.00 $169,795.00 gang fairway mowers,with trade SCHEDULE 5 Five (5) green and tee mowers plus two (2) seven $197,151.00 $196,450.00 no bid gang fairway mowers,with trade D. Action to award bids for ice arena parking lot project to Mills Construction in the amount of$417,000.00. Bidder's Name and gase Bid Bid Altexnate No. 1 Bid Alternate No. 2 Address Mills Construction Brookin SD 417 000.00 -$8 200.00 - 12 800.00 Peska Construction Siou�c Falls SD $432 700.00 -�10 500.00 - $12 000.00 Clark Drew Construction $448,500.00 - $14,370.00 - $16,790.00 Brookin s SD Gil Haugan Construction $454,000.00 -$8,400.00 - $13,200.00 Sioux Falls SD Beck&Hofer Construction $478,000.00 - $10,000.00 - $18,700.00 Sioux Falls SD E. Action on Resoludon No.32-09,a resolution in support of the South Dakota Safe Routes to School Grant Application. Resolution No. 32-09 Resolution in Support of South Dakota Safe Routes to School Application WHEREAS, the City of Brookings supports projects and activities that will encourage children to walk and bicycle to school;and WHEREAS, the City of Brookings is desirous in providing routes for children to walk and bicycle to school;and WHEREAS, the State of South Dakota has grant funds available for the Safe Routes to School projects;and WHEREAS,the City of Brookings is the sponsoring applicant for funds;and WHEREAS,the City is capable of administering the Safe Routes to School project;and WHEREAS,the City is prepaxed to maintain the new improvements. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Brookings supports the described application for the Safe Routes to School project. F. Action to hold a special Council meeting on April 16�'for purposes of canvassing the Apri114`�municipal ballot. G. Action to approve purchase of new skid steer loader off of State Department of Game,Fish and Patks Wildlife,Pierre, SD bid for$33,540. 329 H. Action to authorize the Mayor to sign environmental documents for Self Help Opportunity (SHOP) grant funds. I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055- 00200-002-00,Allen Perry. J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285- 00000-022-00, 1614 Western Avenue, Steve Hogie. On the motion, all present voted yes; motion carried. Mavor's Annual State of the City Message. Mayor Scott D. Munsterman pxesented his annual "State of the City Message" to the City Council and public. "The City of Brookings is committed to providing a high quality of life fot its citizens,and fostering a diverse economic base, through innovative thinking, strategic planning,and proactive, fiscally responsible municipal management" "2008 recorded another banner fiscal year for the City of Brookings. Our total governmental fund revenues of$19,563,286 exceeded projections in our balanced budget of$19,145,228. During the coutse of the year,we were presented with some purchases we could not avoid: the purchase of two homes along the rail line at the 22nd Avenue intersection,land that became for sale within the new proposed RPZ area at the airport and in addition,we paid off the in£rastructuxe costs for the new industrial park.These expenditures totaled$903,935,which we were able to use the increases in our sales tax over and above our budgeted amount, to pay for. Our ability to tackle these types of projects financially is the result of our city's financial policy and the dedication of the city administration to hold the line on expenses and increase efficiencies within each department. Brookings is in a position of financial strength due to this teamwork, allowing us to make strategic investrnents in the future. Sales tax xeceipts increased 4.01%as compared to 15.42%in 2007. Our 3B taxes generated $643,394 in 2008,holding relatively stable with a small decrease of$10,723 or-1.64% from 2007. Our 1st and 2nd penny sales tax revenue and our 3rd B revenue for the first quarter of this yeax have been up 2.79% from last year this time. In light of the recession and economic cycle we are in, I have only one thing to say:"I'hank you.Thank you to the people of Brookings for shopping at home and supporting their local economy. Employment in Bxookings has remained strong as well. Brookings added 715 total employees in 2008,ranking us tied for second in total job growth in the state with Rapid City. Sioux Falls added about 230 more total employees to the economy. Brookings also exported a number of jobs to Sioux Falls via Daktronics and VeraSun, some which were relocated jobs and some which were jobs we just could not accommodate due to labor shortages. We- for all practical purposes -are number one in job generation for the state of South Dakota.The total number of employment opportunities listed in SDWORKS, the Depaxtment of Labor's online job database today is 589,with a 2.2% unemployment rate;the lowest in a state that ranks th�rd lowest in the nation.The unemployment rate in the nation now is at 8.9% as of February.We can be grateful to our diversified economy and the `yes we can' attitude we have cultivated in our community over the years.This attitude continues to show through in our strategic planning ovex this past year. On May 12th I will be swearing-in our new mayor,Tim Reed. I am excited to help kick off a new era of leadership for Brookings.And I am looking forward to watching our success continue as we move into our futuxe. Mayor-elect Tim Reed will provide a look ahead when he officially takes office,but today I would like for us to celebrate a look back to see how far we have come over the last 8 yeaxs: Words do not express the pride and honor I have felt having been elected by qou to serve as your mayor.You have elected me three times over the last 8 years. I do not take that for granted.We have made significant progress together and hexe are some highlights: We reformed the way we did business in the city and have a successful financial policy which has brought Brookings to a position of financial strength. 33 � We capitalized on the 3rd B tax (which now totals more than$6Q0,000 in 2008) and we put to work some creative minds on the Brookings Visitor Promotion Board to help promote and bring more people to Brookings for events and to shop. We have created new energy in our retail maxket as evidenced by the expanded retail development efforts with the addition of Lowes, the formation of TIF districts for further business and retail development and the new developments occurring in the area of the University Mall. There is a new enthusiasm for retail in Brookings! We established South Dakota's first research park, the Innovation Campus,through a unique paxtnership effort between the city, counry, SDSU,SDSU foundation and the business community in Brookings.This will prove to be one of the best investments we will have made in the last 8 years for the futuxe of the Brookings xegion. It will also pay dividends to the xest of the state as the 125 acre patk spins off research and technology businesses over the next several decades,providing high paying jobs and opportunities fox our young fanvlies. We developed a regional partnership with the smallex communities around Bxookings and have embarked upon a larger regional colla.boration with communities along the I-29 corxidor, aligning our resouxces within a regional growth strategq. In 2002, Senator porgan of ND brought UND and NDSU togethet to build the Red River Research Corridor;and as a result have amassed in attracting over$300 million in research dollars to the region.We will bring that type of success to the I-29 corridor and Brookings will be a key player in the game.Partnerships pay dividends. We studied our housing market needs and this past year we saw action on that front. Housing developments in a more`affordable' range have begun. SDSU is also in the planning process of designing residential opportunities for their student population as they continue to gxow in entollment.As a result,pressuxe for student housing will lessen in our family neighborhoods improving the quality of life foY those neighborhoods from less density. To help in our city planning needs,we hired our first community development director, to focus our efforts more keenly in planning for the future and providing a unique interface between our public and private sector as we continue to grow into the future.This will be a valuable investment for our city. � We championed efforts to bring people together as a team:public and private partnerships axe alive and well and growing;impxoving our quality of life in Bxooki.ngs. Hillcrest Aquatic Center, the Boys & Girls Club and the new downtown streetscape all came about through the collaboration of key people in the community coming together to get the job done.The Children's Science Museum,in my opinion,will tag Brookings as the `Wall Drug'of eastern South Dakota.People will come to downtown Brookings. We're about to start wellness programming into our paxk and rec system and through a unique partnership with the SDSU wellness and health promotion students, oux community will have an opportunity to be `coached'to health,providing these students with a purposeful internship program and our citizens with the help they need to regain theix health. We stepped forward together as a community and as a county, towards a long term solution to rail safety in the region.11ztough the newly formed Brookings Regional Rail Safety Authority, the city, county and othex interested communities or townships along the xail line can participate in the long term planning of rail safety in the region.And we will come up with a long term solution over time. Together. We established a transportation board that will continue to monitor and assess the needs of our mass transit system (BATA) and provide a valuable service to not only in-citq transportation but also rural transit solutions for years to come. Along those same lines,we have and are continuing to invest in more bicycle lanes and pedestrian walkways for the growing number of people interested in the enjoyment of biking and walking. We invested in out downtown streetscape and infrastructure and now we hope for the downtown businesses to reinvest in their storefxonts like many have to make our downtown a truly historic and authentic attraction. 331 Those of you at home are enjoying the televising of our council meetings. We made investments in technology to bring government closer to the people and the success speaks for itself. The Brookings xegion is gxowing and thriving. One can't help but get excited when you take a tour around the community to see what is all going on. It didn't happen by accident. It took vision, planning and good decisions to bring us to this point. It will continue to take these very same components to carry us well into our future. When you elected me in 2001,we had the daunting task of shoring up a long list of needed improvements,we had a 20th century economic plan and a city budget that was losing money; leaving us in a very poor financial position. Today, significant investments have been made in restoring our city services,preparing our community and the region for a knowledge-based economy and bringing the City of Bxookings to a position of fmancial strength. It wasn't easy making these strategic moves,but we are in a good place now as a city because of the dedicated people,both elected and administrative,who faced the challenges head on. We have come to a point in time in our community where we must be prepaxed to make significant long term investments: investments in our airport, railroad safety,water and sewer infrastructure for new housing developments to name a few. We have set a strategic direction for investment in our community for the next decade to lead us well into the 21 st century that Mayor-elect Reed will addtess in the near future. Brookings is known for its leadership xole in innovation and creativity across the state.We must continue to forge ahead with new ideas and sensible decisions that will bring a higher quality of life. As we grow,please keep in mind that your city leadership, from the city council to the volunteers who serve on our city boards as well as our city staff, are dedicated to serving out the mission of the city. A mission"committed to providing a high quality of life for its citizens, and fostering a diverse economic base, through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management". Please remember your elected officials and city staffs'motives and intentions ate noble. So,please give them youx suppoxt. Our mission (and let me emphasize out collective communitq mission) is committed to a common cause, a common goal, and a common purpose. We can be proud of Brookings' successful formula of Ieadership and teamwork. T'hank you for your support over the last 8 yeats. Thank you for your committnent and dedication to our collective mission. Nothing worthwhile is ever accomplished without challenges and nothing worthwhile is ever accomplished without the combination of vision with courage. There is no doubt in my mind our better days are ahead. But it will continue to take a culture of creativity and the understanding of the importance to always look for a better way to address our challenges. Let's not rely on our past successes in out leadership or how we have done things,but rather let's rely on refining our vision and xevising our plans together as we move ahead. By working together,let's continue to make `significant'impacts on the lives of people in our community and the surrounding xegion." Scott Munsterman,Mayor,City of Brookings 1$`Reading—Ordinance No. 10-09. First reading was held on Ordinance No. I 0-09,an Ordinance Requiring Sanitary Conditions for Animal Dwellings in the City of Brookings, South Dakota. Public Hearing—Aprid 28, 2009 Tabled Ordinance No 05-09—Ultimate FightingS. A motion was made by Reed,seconded by McClemans, to take Ordinance No. OS-09: An ordinance regulating ultimate fighting contests in the City of Brookings,South Dakota, off the table. All present voted yes;motion carried. Original motion from March 10,2009: "A motion was made by Reed, seconded by McClemans, to approve Ordinance No. 05-09, an ordinance regulating ultimate fighting contests in the City of Brookings, South Dakota." Revisions were made to the ordinance related to insurance levels and rules. It was noted that the Sta.te of South Dakota has passed legislation to create a State Boxing Commission. (6lVhaley arrived at 6:30 p.m.) 33 � A motion was made by Bartley, seconded by Brunner, to table until the SD Boxing Commission promulgates its rules. All present voted yes;motion carried to TABLE. 2°d Reading—Ordinance No. 06-09—BUDGET Amendment. A motion was made by Brunner, seconded by Whaley, to approve Ordinance No. 06-09: Budget Amendment,An ordinance entided "An Ordinarice Authorizing a Supplemental Appropriation to the 2009 Budget For The Purpose Of Providing for Additional Funds for the Operation of the City. All present voted yes;motion carried. 2°d Reading—Ordinance No. 07-09—Hospital Board Ex-Officio Members. A motion was made by Whaley, seconded by McClemans,to approve Ordinance No. 07-09: an Ordinance amending Section 42-94 of the code of ordinances of the City of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the hospital board of trustees in the City of Brookings,South Dakota. Council Di.rcu.r.rion. Bartley noted that.rome Counczl memberr are in favor of thi.r ordinance becau.re they felt there 2va.r better communication and information provided back to the full Council. He ha.r revie�ved old council minute.r and que.rtioned when that board information wa.r nported back to the full council� He.r�ecificadly r�fe�znced a motion in tvhere all ex-o�'icio board re�iort.r be done during open council di.rcu.r.rian. He revierved old minute.r and couldn't find any report.r He agreed that the level of reporting from the variou.r city manager.r ha.rgreatly varied;however, the current manager prnvide,r r�orts in detail and the communication i.r better and he feels the Council i.r receiving the information. Since the change ofgovernment in 1999 there have been a number of Council memberr�vho have.rerr�ed and he cited.reveral who a�nowgone. He doe.rn't knou�if ther�i.r any continuity of information that come.r fi»m Councid members.cerving a.r tiai.ron.r and feel.r it i.r more beneficial that the City Manager attend tho.re meetingr. A.r to the que.rtion of why the Council svould have ex-o.,�'zcio.r at adl a.r far a.r the Chttrter is cnncerned, he zvould agree that the Charter doe.rn't p�vent the Counci!from having ex-off'icios or liai.ron.r on city boards but it doe.rn't.ray it.rhould either. He referred back to the original intent of the Charter a.r to thi.r form ofgovernment, and in hi.r opinion, it wa.r ba.rically that the City Manager would take care of the a.cret.r of the community and the management of tbo.re a.r.ret.r to a certain degree. The City ha.r a Ho.rpital Board that i.r in charge and management of tho.re a.r.ret.r admini,rtratively. He'd prefer that tho.re reports come back to him fmm a party that�ad.r financial nport.r and i.r familiar for p�.renting them to the Council. Often the information i.r old or e.rtimates If the information is important, he feel.r it.rhould be r�ported back to the full council eqttally at the.rame time rather than rely on r�ort.r that the Council may notget any other way. He i.r not.ruggerting that the Council.rend confidential informatinn among it.r memberrhip due to open meeting.r lau�.r. He feel.r the cnmmunication fmm the city manager to the council rummaritiing svhat ave need to know to hefp the Council make policy decirion.r i.r criticad. Referring back to the intent of the Charter, Council memberr ar� here to.ret policy and that i.r what the Council.rhould be doing in governance. It.r intent i.r to let the city manager handle tho.re matter.r as directed by policy and not individual member.r. Counci!members bave the abidity to attend any meeting they ivant to. Back�vhen there zva.r an ordinance de.rignating ex-o�'icio council memberr the ordinance .rtipulated one member but the Council appointed two. The pmpo.red ordinance now still.ray.r one member but the Counci!intend.r to appoint trvo. The e.xplanation for tivo�va.r one wa.r the actual ex-o�'icio and the other wa.r in ca.re the primary couldn't attend. The current ordinance.rtate.r the City Manager or hi.r/her de.rignee. If the Manager couldn't attend in the pa.rt he'r a.r.rigned.rta�or reque.rt a council member to attend in hi.r place. Wle have pr�tty good coverage right now. He's concerned that the ordinance i.r too `gray"and it.rhould clearly.rtate one or t�vo. He underrtand.r there'r a denre to know more, but council membexr have the ability to attend on their otvn. He doe.rn't.ree the need to change the ordinance becau.re he feel.r itgoe.r again.rt the Charter in thi.r form ofgovernment. Mun.rterman,raid all the ex-o�icio rr�ort.r svere verbal and given at the end of the meeting ivith no,rtructure to the re�iorting. Munrterman a.rked for clarifzcation if the Counczl ajipointed one member a.r the ex-o�'tcio and one a.r an alternate. He r�membered that.rometime.r one or both attended meeting.c. Brittiman raid tu�o wer�appointed. Mun.rterman a.cked if the Counci!needs to change the number fmm one to two ex-o„�`'iczo.r. Brit.Vman saidye.t, but the narmber i.r srp to the Council to decide. Mun.rterman.raid having two took the pre.r.ru�o�of inember.r.co they didn't feed they had to make every meeting and it .rplit the r�.rponsibilitie.r. McClemans.raid fmm 2003 to 2005 he felt it gave Councid member.rome in.right into particular item.r, .rpecificaldy nnting the Swifte!Center. The practice allow.r the Cnuncil member.r to be mor�informed. All thete gmups come to the Counci!for budget.r or bonding. In the pa.ct, a number of individual.r fn varying po.rition.r have attended the.re meeting.r. He feel,r the Counczl ha.r a n.rpon.ribility to knolv, under.rtand and at lea.rt be arvare of the tituatzon at Svvifte!Center, Bmoking.r Municipal Utilitie.r and the Ho.rfiital. He noted that the recent discu.r�ton.r r�garding the Ho.rpital may have been different had there been ex-o�'member.c In the ca.re of al!thr�e organitiation.r, all have huge prnject.r and 333 money a.r.rociated:vith each and a per.ron'.r under.rtanding i.r good acro.r.r the board. The City Manager can still attend. W/ith re.rpect to continuity, he feel.r it i.r a good way for the Council to.rtay in touch and have an under.rtanding of it.r bigge.rt a.r.ret.r. He under.rtand.r Bartley'.r thought.r about Charter;however, mo.rt communitie.r don't have the va.rt variety of.rervice.r, bu�ine.r.re.r and a.rret.r(i.e. liquor.rto�z, ho.rpital, landfill, telephone, utilitie.r). Many city manager.r don't have that va,ct of a backgrnund. He feel.r underrtanding and doing what i.r bert for the czty i.r the�a.ron he suill vote for this ordinance change. Keed a.rked the ordinance could.rtate "up to 2 member.r may be de.rignated." Brit�rran.raid that would require .reparate action to appoint the memberc by motion. That would be acceptable and svould leave it u�i to Council whether or not to make appointment.r. He.rugge.rted the following language: `No more than two memberr of the City Council may be appointed by the mayor svith the advice of the Council ta.rerUe...':" AMENDMENT: A motion to amend was made by Reed, seconded by Whaley, to state"the mayor, with the advice and consent of City Council,may appoint up to two members of the City Council, or shall designate the City Manager, to attend meetings of the Hospital Board of Trustees...T'he ciry council members so designated.....". Di.rcus.raon: Bartley e.xpre.r.red concern avith the word `may"and if the Mayor doe.rn't ap1boint ex o�'icio.r it leave.r the Counci!with no liai.ron or communication. He.ruggerted in.rerting the following language, "or the City Manager be required to attend." Brit�an.raid the Council could consider additiona!language statin� `7n the event the mayor doe.r not ap�ioint a council member or member.r to.rerye or attend, the city manager shall attend meeting.r of the ho.rpital board." Another option wa.c to in.rert thephra.re, "or.rhall de.rignate the city manager,"which wa.r accepted a.r a friendly . amendment. (Mun.rterrnan left the meeting at 6.45 p.m.) Deputy Mayor Reed took over the meeting. On the amendment,all present voted yes;motion carried. On the main motion as amended, all present voted yes,motion carried. 2"a Reading- Ordinance No. 08-09—Utility Board Ex-O�cios. A motion was made by Brunner, seconded by McClemans, to approve Ordinance No. 08-09:Utility Boaxd Ex-Officios,An Ordinance amending Section 86-43 of the Code of Ordinances of the City of Brookings, South Dakota and pextauung to the designation of a council membex to attend meetings of the utility board in the City of Brookings, South Dakota. AMENDMENT: A motion was made by McClemans, seconded by Whaley, to make the following amendment: "The mayor,with the advice and consent of City Council,may appoint up to two members of the City Council, or shall designate the City Manager, to attend meetings of the Hospital Board of Trustees...The city council members so designated....." Di.rcu.rrion: Bartley r�.rtated hi.r objection to having Council memberr,rerYe a.r ex-o�zcio.r and feel.r it.rhould be the city manager who attend�: On the amendment, all present voted yes;motion carried. On the main motion as amended,all present voted yes;motion carried. 2"d Reading—Ordinance No 09-09—Swiftel Center Advisorv Board—Ex-Officio Members. A motion was made by Whaley, seconded by Brunner,to approve Ordinance No. 09-09: Swiftel Center Advisory Board Ex-Officios,An Ordinance amending Section 2-183 of the Code of Ordinances of the City of Bxookings, South Dakota.and pertauung to the designation of a Council Member to attend meetings of the Swiftel Center Advisory Committee in the City of Brookings, South Dakota. AMENDMENT: A motion was made by McClemans, seconded by Bnznner,to make the following amendment: "The mayor,with the advice and consent of City Council,may appoint up to two members of the City Council, or shall designate the City Manager, to attend meetings of the Swiftel Center Advisory Committee...The city council members so designated.....". Di.rcu.crion: Bartley said the Swiftel Center i.r under the puruieiv of the City Manager and the City'r budget and it'.r a department and is not like the other two entitie.r. His.rugge.rtion i.r that the City Council doe.rn't need liaison.r on thi.r Committee. If the Council i.rgoing to do that, i.r wild have to a.r�ign liai.ron.r to ald the other volunteer boardr: He doe.rn't feel that thi.r committee fit.r that moded. 33 � Keed said he appreciate.r that the Counci!ha.r the ability to ju.rt de�ignate the city manager and a,c the neu�Council .rtart.r after the election, it'r a di.rcu.c�ion that the grnup can have a.r appointment.r are being made and can give the new member.r a chance to have a voice at that time about how the Council.rhould go forward. Weldon.raid thi.r i.r a little d�erent than the Utility Board and the Ho.rpital Board. Thi.r irn't the old Multiplex Board�vhich did have operating authority. The Swiftel Center Board i.r advi.rory in nature and their authority i.r much more limited and narroiv in.rcope. Unlike the Ho.rpital and Utilitie.r, the Swiftel Center i.r managed by a department head that i.r part of hi.r Leader.rhip Team, .ro he.rupervi.re.r the actiuitie.r of the S�riftel Center. For.rake of con.ri.rtency, if there i.rgoing to be an ex-o�"zcio relation.rhip with Councll memberr, to be con�irtent, we will need to al.ro look at that .rame thing for the Library Board,Airport Board, and Park and Kecreation Board. Tho.re are advi.rory board.r and all have respnn.rible.rtaff people that svork directly for him. Ju.rt like the Ssviftel Center, tho.re department head.r ar� charged with managing capital as.ret.r and facilitie.r. He.ree.r a.rignificant d�erence urith thi.rgrosrp and ba.red on that he a.rked the Council to defeat the ordinance. Reed a.rked if the manager of the Suriftel Center report.r directly to the czty manager. He'r not an employee of the city� Weldon.raid he doe.r repnrt directly to him, but i.r not a czty employee. The City has a performance contract�vith VenuWork.r and he i.r employed by that company. He ha.r the same r�lation.rhip a.r the other department headr and attend.r the rveekly.rtaff meeting.r and come.r to the city manager on a rvide variety of i.r.cue.r including deci.rion.c on management i.r.rue.c The City Manager manage.r the contract for the Swiftel Center. Whaley noted that the Center ha.r been changed to an enterpri.re fund and feel.r the city manager ha.r done a great job with the S�vifte!Center and doe.rn't feel the Council need.r to.rtep in. Beed a.cked urith the idea of an expanrzon, would the appointment of ex-o�'acio.r help communication flow or is everyone comfortable tvith the city manager r�porting back? Whaley.raid.rhe felt everyone know.r�vhat i.rgoing on with the e.x�ian�ion and thatgroup n�il!have to come back to the Council for the fund.r. W>eldon.raid there ha.rn't been a di.rcu.r.rion on how to.rtructur�the prnce.r.r on the e.�cpan.rion, but wosrld a.rtume the advi.rory board would play an important role in working with the city council clo.rely on the natu�and reope of an e.�anded facility. Tlenurvork.r would not be driving a conrtruction pri�ject. Theirjob i.r to managt the.current facility. Managing a capital impmvement like an ex�an.non u�ould fald to the city manager: On the amendment,all pxesent voted yes,except Bartley voted no,motion carried on the amendment. Di.rcus.rion: Keed.raid thi.r i.r.romething that the Council will continue to revlew a.r itgoe,r forward. The ordinance doe.rgive the Council the option to not execute it a.r the new counczl. A.r the Council move,r fonvard, the relation.rhip betu�een the City Manager and Srviiftel Center Manager would ttidl continue and a.r neiv council memberr come on, ther�can be a di.rcu.rrzon on what they'd like to do. Bartley rai.red the point about the city manager being de.rignated to attend as well. Reed.raid we have an intere.rting�ituation with the Suriftel Center manager being part of the leaderrhip team but not being a city employee. If that manager wa.r under tbe dir�ct punriem nf the czty manager for hirin�firrng and giving direction, thi.c would be a d�e�nt.rituation a.r a Yull'city department. That'r the crux of the i.r.rue. Weldon clarified that all the Swifte!Center employee.r are emjiloyed by VenuWork.r and nn the City. The City'r only contractua!aarthority i.r to r�lea.re VenuWork.r fmm the contract and the Advisory Board,ret.r that contract. W/eldon said he wa.rn't herr�vhen the la.rt contract wa.r r�newed, but pr�.rumably the mle of the Advisory Board u�ould be to tvork with the City Manger to�view the Contract to.ree fn their advice if it'r in the be.rt intere.rt of the operationr. It'.r hi.r job to bnng rrcommendation.r to the full city corrncil on the contract with advice and review of the Swiftel.Advi.rory Board. Brunner.raid he�vould.rs�port the motion. He agrees that the S�vivi fte!Center i.r a d�erent animal from the Ho,rpital and Utility Board.r, but tbi.r ordinance give.r next Council a chance to decide whether or not want to appoint someone. He would encourage the next counci!to look at tho.re option.r. He'.r not sure if we need a Council member on thi.r board becau.re the city manager doer have that guari-department head deved r�lation.rhip�vith the Srviftel Center manager. Beed arked the crty manager if the wording.rhould be changed that would give the manager the ability to attend or not attend a.r he.ree.r fzt? Weldon.raid he would attend the meeting.c if the Council so wi.rhe.r, if not, he already ha.r a relation.rhip rvith the Center manager. 335 Brit�man.rugge.rted the language.rtate, `Yhe city manager.rhall coordinate with the Srviftel CenterAdvi.rory Board Reed.rugge,rted to table the i.c.rue and come back to it at our next meeting. TABLE: A motion was made by McClemans, seconded by Brunner, to table. All present voted yes; motion carried. Resolution No. 29-09—Leasing Pro�erty to BATA. The City of Brookings owns parcels in the Telkamp Industrial Park and the Weise Business Park. Brookings Area Transit Authority (BATA) was presented with an opportunity to access stimulus funds for the construction of a new transit facility. BATA seeks to enter into a land lease agreement with the City of Bxookings to construct a new facility on the following real property: A portion of the designated farinland in the Brookings Wiese Addition,in Section 30,T110N,R49W or Lots 8 and 12,Block 1 of the Telkamp Industrial Addition,in the City of Brookings,Brookings Counry,South Dakota. This agenda item is a public hearing for a pxoposed lease that would apply to either described real propexty listed. This resolution would allow the City to enter into a lease agreement with Brookings Atea Transit Authority for the amount of$1.00,renewable annually. It was noted that the BEDC board of directors met on April 1 and passed a motion to oppose the use of land at the Weise Business Paxk for a new BATA facility. Also noted, the City Manager's recommendation was in the absence of the BATA master plan, spaces needs analysis, and operating projection, to recommend not approving a lease for either site. Brenda Schweitzer,BATA Executive Director,worked with the County Commission eaxlier in the day on an agxeement inwhere BATA is foregoing all match funding in current project. The cuxtent agreement did include some cash and inkind funding apart from the County. In our agxeement, BATA had that to work with. BATA also understood those funds would or could be put forward to new building. Without those funds,it creates entire other challenge. With respect to the two proposed sites under consideration now,in working with the state on what is being proposed ($1 million at 100%and 800K at 80%) leaves $160,000 in match funding that BATA would need to find to make this project work. T'he leasing of land could be used towards this match of$160,000. With the shortcoming from County and the Telkamp land not generating the level of match, noting the other land may no longer be in consideration,BATA is challenged in being able to afford this as well as woxk with the operating expenses. This is a great oppoxtunity for BATA. It's been their position to look at the community, to serve and do the best job they can. The collaboration efforts that have been developed have been significant. Your opinions and expertise respected. BATA wants to use any available funds to best of their ability as well as the community. As hard as they have worked to do this, the answers keep coming back to location as well as match. The Telkamp site does offer the challenges of being landlocked. BATA is sitting in a situation that their"time"is basically up (for the funding opportunity). The positives axe that the last few months have genexated some great discussion on transit both locally and within the county. She wants to stress that BATA wants to be seen as a partner in transit, not as a headstrong group moving forward without a plan or the support. The County has wotked extensively to take the fixst step in making this project possible. BATA couldn't be at the table tonight without their work. We understand the County's position and appreciate the work that was done. At this point she is challenged to go further and the Council's comments on how to move forward would be greatly appreciated. She is challenged with a match situation where it's at as well as being landlocked. BATA is not pxepared to go forwaxd at this time with curxent funding opporiunities and without further support. One of oux challenges here is there are tough economic times and future is cloudy. We need to recognize the burdens of local match providers and woxk with them. BATA takes all of these issues and positions into pexspective as to where the city and county stand with local match. The BATA Board has been trying to work diligendy at its business plan,but that has not come through like the City had xequested. Not that BATA doesn't have vision and goals, but the City has been looking for that too. As the Mayor sa.id in speech, "vision with courage,"and we've defuutely had vision with courage and what we need to do is find a better way to address our challenges. She asked the Council for guidance and ideas. Weldon asked even with the Telkamp property, the match arrangement with state doesn't work? Schweitzer said BATA would have to ftnd approximately$160,000 in match. The value of that land is unknown and she would need to know exacdy what the value is. 33 � Weldon said he didn't know what the value of the 1.71 acres is and questioned if the state would require an appra.isal or if they would look at the assessed value even though it is tax exempt. Schweitzer said the State looks at comparable sales in the axea to determine value. Schweitzer said also under consideration is the land locked situation. BATA's vision of where we want to be,what we want to do and how we want to accomplish this -- they've had some pretty grand visions. When this funding opportunity was presented,not all of their"ducks where in a row" and no one has professed that. Statewide, this is an issue. From there,BATA doesn't want to burn any bridges with community or local match efforts and they want to do best job possible. This issue has opened up good communication and possibly BATA needs to work with the Transportation Board futther and the City,County and Univexsity and create a plan together for a transit center. This plan has been BATA's vision. The stimulus has put it in overdrive causing excitement and heaxtburn. Working with the stimulus funding is a challenge. When you have a project such as theirs,you have to have everything lined up just right to make work. She remains open to thoughts and ideas from the City Council. Weldon said he didn't think the last time the Council had this discussion we knew what the match requirement would be and asked if this was a new development. Schweitzer noted that she was notified of this match requirement at 3:30 p.m.priox to this meeting. She agreed that this puts all affected in a difficult situation. Match is monumental. They are in a position that if they want to operate a business,they need to not have overhead of match in order to operate. Weldon noted that the match is a dollar representation of the value of the land in the form of lease. How does that effect the operation? Schweitzer said BATA would need to have the value of that land be at least$160,000 in order to have this funded at the 100%and the second obstacle remains the location. As the Counry Corrunission has said from day one,if it's not right, do we do this? She hates to forego stimulus funding,but what's in oux community's best interests? This isn't just a BATA project,it is a community project. It was clarified by Weldon that the Telkamp property is 1.7 acres and the Wiese property can be whatever the Council wants it to be because it isn't parceled out yet. McClemans suggested for value to use the city policy on industrial la.nd at$1.00 per square foot, making the Telkamp property approximately$130,680. Weldon asked if the value is in excess of�160,000 and the City Council decides to lease it,does that solve BATA's match problem. Schweitzer said the situation with one paxcel farthex to the north quite honesdy doesn't work. She doesn't want to put a square peg in a round hole and doesn't want to take it just to take it. If it were adjouung there would be a gready possibility that it would work. Bartley commented that the State may not want to look at two separate pieces of property. Schweitzer said Bruce Lindholm,State DOT,has questioned what the value of that would be to BATA. Bartley said he appreciates BATA's interest in trying to make use of the stimulus money. He feels bad that this has put BATA in a difficult position in trying to put this together. He said`bad government'is government that takes too long to act and it's also bad government when it acts hastily. Right now there are too many unanswered questions and BATA is feeling the pressure of that as the various local governments bombard with questions and then the local stimulus money changes the rules. It just isn't going to work this time axound. He asked if a second round of stimulus funding that would include transportation funds that would come out next year. Schweitzer said there is a possibility,but according to SDDOT it depends on what the economy is doing at the time and if they relea.se another stimulus. Bartley said it seems judicious to take what you've leamed£tom this and well as the Council and put a plan together and hope that additional funding comes to fruition. He said there have been many things that have worked against BATA on this project and he isn't faulting Schweitzer or BATA. It's just the situation is untenable for all us to try to make a decision. Schweitzer said it has been a challenge and it has been something that BATA have leamed monumental things from and she totally respects where the City and County have been in supporting the project. BATA is ttying to do something very beneficial to the community. She believes in it and it's going to happen. 33 ? Brunner asked if it w s the state or Federal government that changed the rules. Schweitzer said they didn't change rules, ut to get anything in writing from state or Federals is very difficult. When push came to shove all da today, this is what came out. What the State is doing is taking theix stimulus funds working them ogether statewide. They are trying to cover much of the state in transportation enhancement in vehi les and propetty. We are very fortunate in that thexe are several states axe tutning this money b ck. Reed thanked Schwe tzer for the work that was put in to get this done. Also, everyone needs to realize that BATA h s been working towards a vision—it may not be exacdy where we want it today,but all parts ar sta.rting to come togethe� (BATA, SDSU, City, County, and Transportation Board). Over time e will need something different. How we pay for it,we'll have to take look at it at that time. But we on't want to make a bad decision now just thxowing money to get money when it could be the rong decision for the future. Schweitzer said with e economy where it's at and BATA does rely on match,BATA can not jeopaxdize what mat they have with the economy the way it is. BATA is not going away. It's going to be a big cha enge and BATA may be asking for garaging facilities. Brunner thanked Sc eitzer for all of her work. He's watched BATA grow over the last seven years. Public transp tation is defuutely is something the City needs to look to future growth of the community. If we c figure out something in the second or third round of funds or even later,if we can figure it out s metime in the future, this is something the City needs to make as a priority as to strategic vision an planning to help match BATA's planning and vision. No action was taken. Resoluti n N . 2 - 9—Street A sessment. A public hearing was held on Resolution No. 27-09, Proposed Street Asse sment Project 2009-02-STA. No public comments were made. A motion was made by Whaley seconded by McClemans,to appxove. All present voted yes;motion carried. R solution No. 27-09 Street Assessment Project 2009-02STA BE IT RESOLVED y the Ciry Council of the City of Brookings, South Dakota, as follows: The City Council of e City of Brookings hexeby declares the necessity of construction of the streets of the City as ollows: Asphalt Pavement an miscellaneous work for a street width of forty one (41) feet for collector streets and thirty one (31) for residential streets as listed below: Collector Street: 15�' Street South from 700 feet east of edary Avenue to the east appro�cimately 1525 feet;Residential Street: Christine Avenue fro 15`''Street South to the north approxitnately 350 feet;and Residential Street: Camelot Drive from 5`�Street South to the noxth approximately 900 feet. 1. The general n ture of the improvement is above set forth and reference for details is heteby made to the awings and specifications prepared by the City Engineer and on file with the Ciry Clerk. 2. The material be used for asphalt paving of the street is the following: One d one-half inch (1 '/a") asphalt suxface course on a two and one-half inch (2 '/x") a phalt base course for a forry one (41') foot wide collector street. One d one-half inch (1 1/2") asphalt surface course on a one and one-half inch (1 '/a") a phalt base course for a thixry one (31') foot wide xesidential street 3. The improve ent is substantially uniform. The estimated cost for asphalt paving a three (3) inch thicknes to a width of 26 feet from lip of curb to lip of curb,per linear foot of streets is $80.00 or$ 0.00 per side of street. This is the estimated cost of a regular residential street and is the es ' ated assessable cost for the street. Therefore, th proposed estimated assessment per front foot of property is $40.00. As per City re olutions,the City will assume and pay, from the general funds, for any extra thickness req ' ed in excess of that described for residential streets and for the extra width in excess of 31 f et back to back of the cutb. 33 � The cost of improvements to street intersections and the long side of corner lots will be assessed to benefited properties. The cost of improvements will be apportioned to all assessable lots and tracts of land lying within one-half block or 300 feet of the street being improved,whichever is less. 'I'he cost of additional asphalt for the vehicle/bus drop off areas will be assessed to the abutting properties. 4. A description of classes of lots to be assessed is as follows: The assessable lots and tracts of land lying within one-half block or three hundted feet of the streets hereinabove described, whichever is less. 5. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the impxovement.The assessed amount includes a 6%charge for engineering and administration costs.'I'he interest to be chaxged on the unpaid balance shall be 10%. 6. 'I'he above-described improvement shall be hereinafter refexred to at Street Improvement Project No. 2009-02STA,which shall be deemed a description of the impxovement of the streets as hereinabove set forth. Resolution No.31-09—Sidewalk Assessment. A public hearing was held on Resolution No. 31- 09,levying Assessment for Sidewalk Assessment Project No. 2008-01SWR. No public comments were made. A motion was made by Battley, seconded by Brunner, to approve. All present voted yes;motion carried. Resolution No. 31-09 Levying Assessment for Sidewalk Assessment Pxoject No. 2008-01SWR WHEREAS,the City Council has pxovided for the following work to be completed under Project No. 2008-01SWR. (2008 Sidewalk Repair Sites) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation which it deems necessary and has found and determuied that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Sidewalk Assessment Pxoject No. 2008- 01SWR is the amount stated in the pxoposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 2008-01SWR is hereby approved and the assessment thereby specified a.re levied aga.inst each and every lot, piece or paxcel of land thereby described. 3. Such assessments, unless paid within tivrty (30) days aftex the date of mailing of a sta.tement of account by the City, shall be collected by the City in accordance with the pxocedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws of 1967,as amended with interest of 10%on the unpaid balance. 4. Assessments amounting to less than$300.00 shall be paid in one payment. Resolution No. 28-09—Railroad Safety Authority. A public hearing was held on Resolution No. 28-09, a resolution authorizing the execution of an agreement to become a member of the Brookings Regional Ra.ilroad Safety Authority. No public comments wexe made. A motion was made by McClemans, seconded by Brunner,to appxove. A motion to amend was made by McClemans, seconded by Whaley, to designate Tim Reed and Julie Whaley as the City representatives on the Railroad Safety Authority. Di.rcu.r�ion: Bartley arked why an additional railmad.rafety authority i.r needed tvhen one alr�ady exirt.r. Brittirnan re,rponded that adding nerv member.r to that organitiation wouldn't undermine thatg�nup, but.rome community may notjoin becau.re there i.r exi.rting debt and p�njects undenvay. That may limit.rmallerpolitical.rubdivi.cion.r from becoming involved becau.re of concern of future financiad re.►pon.ribility if an exi.rting pmject rvent into defaudt. The rmaller entitie.r do not have the ability to take that ty�ie of ri.rk. Brittirnan gave additional backg�nund on the propo.red grou�i's taxing authority. The propo.red re.rolution addr�.rse.r thi.r i.c.rue in that each.rubdivi.rion would need to decide to levy a tax or agree. It would r�quire unanimou.r agreement and further action i.r needed. 339 Keed.raid we u�ill need a team to continue to work on rail�nad i.rrue.r and it can'tju.rt be Bmoking.r, it needs to be regional. Thi.r organitiat n unll take action to benefit the entire region. (Mun.rterman returned 7:45 p.m. and took over the meeting from Deputy Mayor Beed). On the amendment, all present voted yes;motion carried. On the main motion as amended,all present voted yes; motion carried. Resolution No. 28-09 A Resolution Authorizing the Execution of an Agreement to Beco e a Member of the Brookings Regional Railroad Safety Authority BE IT RESOLVED that the City of Brookings, South Dakota,hereby joins the Brookings Regional Railroad Safety Auth rity pursuant to an Agxeement esta.blishing the Brookings Regional Railroad Safety Authority,all s allowed by the provisions of SDCL Chapter 49-17A,as amended;and BE IT FURTHER SOLVED, that the Mapor and Ciry Clerk axe hereby authorized and d.irected to execute the Agree ent referred to above and any and all other necessary documents to effectuate the Agreement and t create the Bxookings Regional Railtoad Safety Authority (BRRSA); BE IT FURTHER SOLVED, that Tim Reed and Ju1ie Whaley axe hereby designated as the official representativ s from the City of Brookings to the Brookings Regional Railroad Safety Authority. Raik Authori re ment. A motion was made by Whaley, seconded by Brunner,to authori2e the Mayor o sign an agreement between the City of Brookings and Brookings County establishing a Rail A thority. All present voted yes;motion carried. Agreemen Establishing The Brookings Regional Railroad Safety Authoriiy AGREEMENT ma e and entered into this 7th day of April,2009,among the political subdivisions which have executed this Agreement (the"Members") pursuant to a Resolution of the governing body of each politic subdivision authorizing such execution after due notice and hearing as established by the af davit of publication attached hereto. (Attached hereto collectively as Exhibit A are the Resolutions r fexred to above). WITNESS: WHEREAS the par es to this Agreement are desitous of mai.nta.uiiiig and impxoving the xailroad in or adjacent to the re ective jurisdiction through the use of a Regional Railxoad Authority as allowed by South Dakota la SDCL Chapter 49-17A. NOW,THEREFO ,the parties to this agxeement agree to esta.blish the Brookings Regional Railroad Safety Auth rity (BRRSA) undex the terms and conditions following: ARTICLE 1. Creati P ose and Powers.That there is herebp created a Regional Railroad Authority incorporat d pursuant to the provisions of SDCL Chapter 49-17A as a political subdivision of the St te of South Dakota authorized to exercise a part of the sovereign powers of the State;which enti shall conduct its affairs in accoxdance with SDCL Chapter 49-17A for the purposes authorized erein and shall be empowered to exercise all powers granted by said Chaptex as amended, except s specifically provided to the contrary in this Agreement or the By-laws. ARTICLE 2. Name. at the name of the Regional Railxoad Authority cxeated hereby shall be the Brookings Regional ' oad Safety Authority (BRRSA). ARTICLE 3. Mem rs. That the names of the political subdivisions of the State of South Dakota which have appxove this Agreement and are initial members of the BRRSA are as follows: County of Brookings and th City of Brookings. That as allowed by law, any political subdivision qualified to join the BRRSA sub equent to the date of this Agreement shall so indicate its desire by depositing with the Chaixman o the BRRSA a supplement to this Agreement executed by such political subdivision and a Re olution of the governing body (as defined by South Dakota law) of such political subdivision uthorizing such execution.A political subdivision shall become a member of the BRRSA upon ap roval of its executed supplement to this Agteement by the Membexs of the BRRSA and the filin of the same with the Secretary of State of South Dakota. 34 � ARTICLE 4. Re�resentatives. 'I'hat the names and address of the persons uutially appointed by the Resolutions approving this Agxeement to act as representatives of the subdivisions in the exercise of their powers as members of the BRRSA are as follows: COUNTY OF BROOKINGS: Deanna Santema and Alan Gregg. CITY OF BROOKINGS: Tim Reed and Julie Whaley If additional subdivisions jc�n the BRRSA, they shall also be represented by two (2) members each. ARTICLE 5. Registered Agent and Office, That the name and address of the initial registered office and the name of the registered agent at such office are as follows: Jeffrey W.Weldon, City Manager, City of Brookings,P.O. Box 270,Bxookings, South Dakota 57006. ARTICI.E 6.Boaxd of Commissioners. That the Board of Commissioners of the BRRSA shall be comprised of two (2) Commissioners representing each member subdivision which is a member of BRRSA,together with one (1) at-large Commissioner for each such subdivision,to be elected by the representatives of the Members. 1'he Commissianers shall be elected fox a term of one (1)year. Each Commissioner shall hold office until their successor has been elected and qualified. That the names and addresses of the inirial Board of Commissioners are as follows: ARTICLE 7.Liabilit�of Members. That the political subdivisions which axe Members of the BRRSA and their commissioners, council members,officers and agents shall not be liable for any obligations of the BRR.SA. ARTICLE 8.�laws and Rules. That the commissioners of the Authoriry shall adopt and attend such rules and By-Laws that they deem appropriate to govern the operating of the BRRSA. ARTICLE 9.Amendments.This Agreement xnay be amended upon approval by a majority of the members;each member being entided to one (1) vote to be exercised by a majoxity of its governing body. IN WITNESS WHEREOF the undersigned have executed this Agreement in sufficient copies for each Member to have an original with attached certified copies of the resolutions to be sent to the Secretary of the State of South Dakota as required by SDCL 49-17A-4, each of which constitute an original copy but all of which together shall constitute one and the same instrument. Malt License. A public hearing was held on an Off-Sa1e Malt Beverage Alcohol License request from Kum&Go to CPI dba Zip Trip,at 1005 6th Street(W115'Lots 1 and 2,Block 1,Randi Peterson's Addition),Brookings,SD and 3045 Lefevre Drine (Lot 6,N225'of E30'Lot 7,Lefevre Addition),Brookings,SD. No comments were made. A motion was made by Whaley, seconded by Reed, to approve. All present voted yes;motion carried. Malt License. A public hearing was held on for an On-Off Sa1e Malt Beverage Alcohol License request for the Cottonwood Coffee Inc. (dba—Cottonwood Bistro),Jacob Limtner and Lynn Askew, owners, 1710 Sixth Street,Brookings,South Dakota, legal description: Sublot 2 of Lot B, West 71.5' of vacated alley,Block 1,Bane and Poole Addition. No comments were made. A motion was made by Brunner, seconded by Reed,to approve. All present voted yes;motion carried. Resolution No. 30-09—Wine Aoreement. A motion was made by Reed, seconded by Brunner,to approve Resolution No. 30-09,authorizing the City Manager to sign an Wine Opexating Agzeement for an On/Off Wine License for the Cottonwood Coffee Inc. (dba—Cottonwood Bistro),Jacob Limmer and Lynn Askew,owners, 1710 Sixth Street,Brookings, South Dakota,legal description: Sublot 2 of Lot B,West 71.5' of vacated alley,Block 1,Bane and Poole Addition. All present voted yes;motion carried. Resolution No. 30-09 Operating Agreement for On-Off Sale Wine Cottonwood Bistto BE IT RESOLVED by the city of Brookings, South Dakota,that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement between the City of Brookings and Cottonwood Coffee Inc. (dba—Cottonwood Bistro),Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, for the purpose of a liquor manager to operate the on-sale wine establishment or business for and on behalf of the City of Brookings at the Cottonwood Bistro located at 1710 6`�Street. 34 � BE IT FURTHER SOLVED that the City Manager be authorized to execute the Agzeement on behalf of the City,w 'ch shall be for a period of ten yeaxs with a renewal in five (5) yeaxs. Adjourn. A motion as made by Reed, seconded by Whaley, to adjourn. All present voted yes; motion carried. Mee � g adjourned at 8:15 p.m. CI ROOKINGS ��y,�� cott ' unsterman,Mayor T °s �D �:� N• o;� o' .o h-'• � O� �� _ ornes,City lerk