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HomeMy WebLinkAboutCCMinutes_2009_09_08 44 � Brookings City Council September 8, 2009 The Brookings City Council held a meeting on Tuesday, September 8, 2009 at 4:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Julie Whaley,John Kubal, Mike McClemans, Mike Baxdey and Tom Bezdichek. City Council Member Jael (Trieb) Thorpe was absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie FosteY were also present. Joint meetin�with the County Commission. The City Council met in joint session with the Brookings County Coinmission regarding space needs issues. BEDC Downtown Task Force Report Presentation. A1 Heuton,BEDC Executive Director, gave the following presentation from the Admiuistrative Facility Task FoYCe: Problem Descri�tion: Brookings County admitustrative space needs involve several facility-related issues which include: mandated space accommodations to serve the Unified Judicial System, inefficient and cramped office quarters,ADA accessibility,use of hallways for various county functions (e.g. elections),and inefficiencies created due to sepa.rate facility locations and multiple facility space costs. Sbace Rec�uirements. According to the TSP Architects study, the county needs approximately 20,000 square feet (SF�, and the city approximately 30,000 SF; totaling 50,000 SF of space needed. This space is made up of a combination of office space and o£fice storage, shared storage,meeting rooms and non-programmable space (open hallways,restrooms, etc.). Space needs for County Offices located in the Courthouse and 1921 Building axe as follows: Office space of 10,114 SF,in-office storage of 2,166 SF, shared storage of 855 SF,meeting and other space of 1,894 SF and non-prograrrunable space of 4,509 SF. Total space needs = 19,538 SF. Space needs for the office located in City Hall are as follows: office space of 5,010 SF,in-office storage of 2,803 SF, shaxed storage space of 7,813 SF, meeting and other space of 7,694 SF, and non-programmable space of 6,983 SF. Tota1 space needs = 30,303 SF. The Admuiistrative Facility Task Force was created to do three things: 1) e�lore potential Iocations fox a county administrative facility, or a joint county/city facility, to include futuxe law enforcement facility needs, 2) consider the impact of county/city administrative facility locations on the Central Business Historic District.,and 3) present findings of the Task Force to tihe County Commission and City Council. Task Force members included: County Commissioners Don Larson and Al Gregg, City Council Members Tim Reed and Mike Bartley,Downtown Brookings Inc. Board Members Tom Manzer and Kris Struwe,BEDC Board MembeYS Tim Harvey and Ryan Krogman,BEDC Executive Director Al Heuton,Brookings City Manager Jeff Weldon, and DBI Director John Sewaxd. The task force conducted their own studies, as well as reviewing a number of studies conducted previously by both the City and the County,which consisted of the following: 1) Sta.te of SD Thitd Judicial Circuit Court correspondence,2) Final Report, Space Needs and Planning Study,Brookings County Courthouse,May 15, 2007, Group II Architects, 3) City of Brookings Administtative Space Needs Assessment,August 28, 2007, 4) Brookings County Administrative Space Needs Reports (various),TSP Axchitects, October 2007 through November 2008, 5) Gas `N Mor property,TSP Architects,August 21, 2008, 6) First Bank&Trust Building,TSP Architects,November 18,2008, 7) New Building Footprints for addition to the County Courthouse,Adjacent to the County Courthouse and Courthouse Lawn Approach, Group II Architects, October 9, 2007, 8) McCaYthy Properties LLC letters dated Jan. 21, 2008, Oct. 1, 2007 and August 4,2009, 9) Correspondence to County Commission, 10) County Commission Meeting Excerpts April 1985 to p�esent, 11) Vision 2020 Plan—Comprehensive Plan for the City of Brookings, 12) City of Brookings Historic Pxeservation Plan, 1999, 13) State Historic Preservation Office Records Review, 14) Brookings Historic PYeservation Commission Letter,J�y �, 2009, 15) Land Owne�Petition, December 9,2008 rega.rding Block 3, Skinners First Addition, 16) Options to Meet County Space Needs 2001. 449 Some of the research the task force conducted included: 1) Parking Inventory, 2) 1921 Building Tour, 3) Conversation with the City Engineex regaYding traffic, and 4) Presentation by Children's Museum of South Dakota. Heuton pointed out some very germane items in looking at potential sites for locating facilities. The City's Vision 2020 Plan contains a numUer of goals and objectives relative to the downtown area: 1) To maintain and enhance the historic and aesthetic character of the community and actively support the reuse of historically significant structuYes. 2) To maintain a strength in the economic historical visual and functional elements of the Central Business District. 3) To encourage new and inftll development. 4) To preserve unique historical structures such as the Cultural Heritage Center. 5) To maintain a safe,inviting, and active environment improving streetscapes, etc. 4) To create suitable transition zones between low density residential areas and intensive non-residential uses in the downtown area to maintain the Central Business District boundaries and to prevent the encroachment of downtown uses into adjacent neighborhoods. A letter was sent to the Bxookings Historical Preservation Commission (BHPC) asking for three things: 1) to provide a list of ox map of National Register sites and structures, 2) ptovide a list of contributing properties, and 3) provide information on non-contributing sites, asking which would be a problem if removed. BHPC provided a copy of the 1999 Historic Preservation Plan,which discussed the puxpose of the commission and their role, as well as providing a list of the National Register Sites and a National Register District Map showing registered individual properties; properties that are registered as they are located in the Central Business or Residential Historic Districts. Heuton said the BHPC would not identify specific properti.es to be removed;indicating non- contributing properties provide continuity to the building rhythm within the historic district and can potentially become contributing properties with various improvements. If a structure/building is removed, the hope of making it a conttibuting property is gone. It was also noted that a parking lot or a new office building is considered an intrusive replacement for non-contributing residents of the same residential chaxacters of contributing bui.ldings in the historic distriCt. Excerpt,r from 7/06/09 BHPC I�e.rpon.re: "...Your letter and email al.ro a.rked guestion.r regarding contributing verru.r non-contributing,rtatu.r The Brooking,r Historic Pre.rervation Commi,crion is particularly concer�red about the.re comment,r and their empha.ri.r. The Brnoking,r Hi.rtorrc Preserr�ation Commi.rnon'r overarching re,r�5onsibility i.r to pre.rerue,promote and develop the hi.rtorical re.rource.r of the City. In the ca.re of the,re di,rtrict,r, the Commission'.rgoal i.r to protect the character of each di,rtrict a.r a avhole. Properties deemed non-contributing zvithin a hi,rtoric di.rtrict are generally out�zde the di.rtrict's period of.rignificance or have been sub.rtantially altered since theperiod of�ignificance. Hozvever, �vhen the Brookings Hi.rtoric Pre.reruation Commi.r�ion evaluate.c an impact on a di.rtrict, it doe.rn'tju.rt look at contributing building.r. W/hile non-contributing building,r do not contribute to the�ignificance of the district, replacing a non-contributing building zvith a neaa�o�'ice biailding orparking lot could be more of an intru,rion than leaving the non-contributing building inplace. For example, apan�ing lot or nesv o�ce building i,r an intru�ive replacement for a non-contributing re.ridence aa�hich i.r of the.rame re�idential character a.r the contri6uting building.r in the residential hi.rtoric di.rtrict. Non-contributing buildings often are of the.rame.rcale, .ritie, .retback, de.rign and age a.r the contributing propertie.r and provide continuity to the building rhythm avithin the hi,rtoric district. The.re features and their relation.rhip.r .rhould be examined not only ivithin the exact boundarie.r of the property, but al.ro betJVeen the proper y and it,r ,rurrounding.r. Thi.c i.r par�zcularly important for di.rtrict.r. Another factor i.r rever.ribility. Non-contributing.rtructur�s in a di,rtrict can become contributing due to age, removal of an inappropriate feature, or re.rtoration of a key architectural element. A fesv commercial buildings are currently irnder thi.r consicleration and mo.rt recently, a hou.re in the Central District zva.r o�'icially de�ignated a.r contributing after an exten.rion renovation. Hosvever, once a building is demoli.rhed it i.r lo.rt forever."... `:..The Broo,�ing.r Hi,ctoric Pre.rerUation Commi.r�ion is charged svith the�irotection,p�nmotion and development of all the city'.r hi.rtoric re.rource.c It i.r not within the Commi.crion'.r.rcope and�ve believe it i.r contrary to the Commi.rsion'.r mi.r.rion to prouide a ranking or placement of value of one property over another. Again, the Commis.rion'r goal i.r to protect the character of the district.r a,r a svhole and not a piecemeal approach. IWith�.r�5ect topotential county and/or city ex�ian.rion location.r, on January 10, 2008, the Brooking.r Hi.rtoric Pre,reruation Commi.r.rion unanimou.rly adopted the folloaving re,rolution regarding the Brooking.r County e.x�an.rion plans u�hich urged the reu.re of the �921 building for County o�ices The BHPC still stands by that re.rolution." 450 One of the things critical in the discussion among counry corrunissioners is the availability of parking in the Central Business District area. BEDC's summer intern conducted a parking survey inventorying the number of empty and occupied paxking spaces within the Central Business District; inventory was done three times per day for two weeks. The area covexed extended from 6`'' Street South to the Railroad tracks, and from the East side of Main Street to 7`''Avenue. Included in this study were primaxily public spaces, such as the parking lot of the vacant First Bank&Trust Building. If this building becomes occupied, these spaces would not be available for public paxking. Eight hundred sixty three (863) parking spaces were identified in the Centxal Business District. Parking space usage xanged from a low of 258 spaces to a high of 361 spaces. Some items to note were: 1) new street parking north of the new Children's Museum, 2) construction on 3`�and 4�' Avenues, and 3) the City Engineer's review to determine if too many parking spaces for new parking areas were estimated or if there are cuxrent spaces that may be eliminated. All-in-all there is a substantial amount of parking in the area,but whether people will use it or not is a big question. Heuton showed maps detailing the parking inventory of open versus occupied parking spaces for 3 different days and times. Heuton visited with Lisa Sovomy and Suzanne Hegg from the Children's Museum of South Dakota. They indicated paxking for the museum will be on 4`�Street with a one-way designation requested from 6`''Avenue to 5`h Avenue. T'hey are projecting 25,000 visitors per year with an avexage of 2.7� persons per vehicle; this equates to 25 autos per day Monday through Friday. Most of the traffic is expected to occur on weekends when County Offices axe not open. They expect a ma�rimum o£ thxee buses per day,which can be controlled via visitation schedules with schools. Sovotny and Hegg axe very interested in maintaining the character of the neighboxhood as a residential/ community-type location with faixly low impact traffic with an interest in developing a focal point for the Central Business District area,referring to it as a type of town square or campus concept. Count�Administrative Rec�uirements. The County Courthouse has 41-50 employees with 100 visitors per day with a peak of 25 people at one time; the hours between 11:00 a.m. and 1:00 p.m. were the busiest. Combining visitors with employees, there's a need of 75 pa�king spaces for administrative facilities. City Hall has 22 employees with 25-30 visitors per day with a peak of five at one time;including meetings with 10-15 people per meeting. City Hall's paxking space need is axound 45 spaces. These figures do not include the Fire Dept.,Emergency Management, Sheriffls Office, or City Police Department. A county only facility has a total space need of 46,000 SF; 10,000 SF 2-story building footprint (20,000 SF of office space), 31,000 SF for an estimated 75 paxking spaces, and 5,000 SF for landscaping. A joint city/county facility has a total space need of 81,000 SF;20,000 SF building footprint, 53,000 SF for an estimated 128 parking spaces, and 8,000 SF for landscaping. Bezdichek expressed concerns public transportation, busses,bikes, and pedestrians are not mentioned in this study. There is only talk about what is needed for square footage for paxking spaces and office space. Heuton agreed people come to these facilities by all means of transportation. The 31,000 SF county parking lot is the ma�uanum size parking lot needed and could be scaled back. The Central Business District has on-street paxking which could also be utilized. Ciry Zoning Ordinances do not mandate providing all parking off-street. Heuton explained differences in`reasonable'paxking distances and`convenient'parking distances. The study was done with maps showing xeasonable distances. In dete*+rining a xeasonable distance, Heuton measured the distance from the outermost part of the Wal-Mart and Hy-Vee parking lots where customers park to the center of the store and found the distance to be approximately 450 feet. He then showed a ma.p outlining a 450 foot radius around the Courthouse and the available paxking within the radius. Convenient paxking is completely different. The example of parking downtown and the expectation of parking directly in front of a business was given;visual sight line. There axe several parking spots within a reasonable distance fxom the County Courthouse,but the Courthouse is not visible. It is easier to drive through a parking lot and identify a parking space than to drive atound a three or four block area looking for a paxking space. Heuton showed maps depicting the 450 foot radius around the proposed southwest site (across from the library), the 1921 building/5`h St. Gym site, and the west site (NAPA buildin�. 451 Heuton noted the total parking spaces available in all of the alternatives reviewed is subject to discussion and future verification for the following reasons: some spaces are not presently marked to allow pa�king, the Children's Museum design will impact space availability,parking demands would increase if relocating County Offices to an outlying option by 50 spaces due to the necessary provision of staff parking, and the City Traffic Safety Committee may determine that some identified on-street parking spaces should not be utilized. In looking at a County-only facility, two things were looked at: 1) move Couxts, and 2) move County Aci�i�inistration. The perceived cost of rebuilding court facilities and remodeling the e�sting coutthouse within Historic Preservation Guidelines ruled out moving the Courts, helping make the decision to move County Administrarive Offices. Within the case of moving the Courts or the Administrative Offices, several options were considered: 1) remodel e��ting facilities (1921 Building and FiYSt Bank&Tnzst Buildin�, 2) New construction sites (Gas `N Mor property, 3) New Building Footprints on the courthouse block (addition to the courthouse, courthouse parking lot, courthouse lawn), 4) oudying communities (Volga, outside of Brookings City Limits), 5) Other Brookings Commercial Locations (Weise Business Paxk, South Main Ave. area), 6) West of Main Ave., 7) 5�' Street Gym, 8) McCann Ribstein Law Office, 9) East of Courthouse, 10) South of Courthouse, 11) Southwest of Courthouse, 12) NAPA building locati.on. Four options were considered fox the Joint County/City Administrative Facilities: 1) 1921 Building/5�' Street Gym, 2) Southwest of Courthouse, 3) '/a half block West of the Library,4) Senior Center/McCann Law Office site. Task Foxce discussions consisted of: space needs,parking needs, traffic circulation, building footprint sizes,proximity to courthouse, departmental interaction,maintaining government offices in the community center, creation of a government services campus, clisplacement of households and businesses, historic district buildings and contributing properties,irnpact on residential neighborhoods, and assessed property values. Heuton showed maps highlighting contributing and non-contributing propexties. The entire downtown district was not looked at,just the one-half block adjacent to the possible facility sites. Each potential option was evaluated on the following: Courthouse proximity, Central Business District Location, adequate lot size, evaluation of the negative impacts facilities would have located on that paxticular property,impact on Yesidential neighboYhood parking, historic impact (would it impact individually registered propeYties,listed properties, contributing properties), displacement of households or businesses, number of onsite parking spaces availa.ble (either existing or could be if it were a new construction site how many off-site parking spaces axe available within that area), building/property assessed value (not the purchase price), and remodeling cost estimate. County Onl�O�tion Exam�les. 1921 Buildin�: A) County rent exceeds $53,000 annually fox 7,589 SF of space. The board room is not assessed a charge. The annual utility budget for the space is $53,770. B)A letter from McCarthy Properties,LLC dated October 1, 2007 includes a building purchase cost of$3,432,000.00 (Option #1). A second purchase option (Option #2) indicated a sale price of$3,108,000 with an offex to remodel residential space not to exceed$52/SF. It is not known what the remodel would entail or how it would fit the county's demands. C) A letter from McCarthy properties LLC da.ted January 21, 2008 includes a building purchase cost of$3,108,000 plus associated remodeling estimated at$354,000 for a total project cost of$3,462,000. (Option #2) D)A letter dated October 9, 2007 from TSP Architects indicates a xemodeling cost of$966,790 ($190.92/SF� with a building puYChase price of$3,432,000 for a total project cost of$4,398,790. An associated floor plan depicts the inclusion of desired County Administrative Office spaces on the first floor. E) Location in the 1921 building would displace six households and seven private and non-profit organization offices if the entire first floor were used by the County. F� There is presently a waiting list of persons with a desire to live in the 1921 Building. G) Three hundred nine (309) parking spaces were considered to be reasonably located with respect to providing access to the 1921 Building. The Paxking Inventory results for the 1921 Building were as follows: 10:00 a.m. on Monday there were 117 occupied/192 vacant paYking spaces, 12:00 noon on Wednesday there were 102 occupied/ 207 vacant pa�king spaces, 3:30 p.m. on Friday there were 89 occupied/220 vacant parking spaces. The summary of the 1921 Building is as follows: excellent proximity to the Courthouse,located witivn the Central Business District, adequate lot size,limited residential,listed as a contributing historical property,would displace 6 households,has 92 on-site paxking spaces and 217 off-site 45Z parking spaces, assessed value of$1,725,300, and a remodel estimate of$354,000 to $967,000. (NOTE: Specific information on the scope of the remodeling projects was not identified with any of the estimates.) Southwest Location (directly south of the library): A) Four of the five parcel owners signed a petition indicating a willingness to sell the property fox a County Administrative Facility. B) The site is located within the Central Business District and within a reasonable distance of fihe Courthouse. C) Urilizing this site would displace 10-15 households. D) All five properties axe listed in the Residential Historic District. E) Two of the five prope�es are identified as contributing. � No analysis has been conducted regarding acquisition,relocation, demolition, or construction costs. However,TSP Architects provided assessed values and new facility construction estimates. G) 131 off-site parking spaces were considered to be reasonably located with a potential addition of 50 on- site paxking spaces for a total of 181 spaces. The Parking Inventory results for the southwest location were as follows: 10:00 a.m. on Monday there were 106 occupied/75 vacant paxking spaces, 12:00 noon on Wednesday theYe wexe 88 occupied/93 vacant paxking spaces, 3:30 p.m. on Friday there were 88 occupied/93 vacant paxking spaces. Heuton showed a map depicting the 450 foot parking radius with a 10,000 SF building footprint. The suxnmary of the southwest location is as follows: excellent proxirnitty to the Courthouse, located in the Central Business District, adequate lot size,limited residential,properties are listed as contributing historic properties,would displace 10-15 households,has 50 on-site patking spaces and 131 off-site parking spaces, assessed value of$430,600,with a remodel estimate of$3,971,480. South West Count�/Cit��oint Site: A) Four parcel owners in the southwest site option area signed a petition indicating a willingness to sell property fox a County Administxative Facility. B) The site is located in the Central Business District and within a xeasonable distance of the Coutthouse. C) Utilizing this site would displace 10-15 households. D) Five properties are listed in the Residential Historic District. E) Two of the five properties located within the Residential Historic District are identified as contributing. � No analysis has been conducted xegarding acquisition,relocation, demolition or construction costs. However,TSP Architects provided assessed values and new facility construction estimates. G) 131 off-site paxking spaces were considered to be reasonably located with an additiona180 on-site parking spaces for a total of 211 parking spaces. T'he Pa.rking Inventory results for the southwest location were as follows: 10:00 a.m. on Monday there were 128 occupied/83 vacant parking spaces, 12:00 noon on Wednesday there were 108 occupied/103 vacant paxking spaces, 3:30 p.m. on Friday there were 108 occupied/103 vacant parking spaces. These nutnbers factor in the 72 occupied on-site paxking spaces. Heuton showed a map depicting the 450 foot parking radius with a 20,000 SF building footprint. Heuton noted an architect is needed to determine the amount of land needed and the nuxnber of feasible parking spots on the site. The summary of the southwest joint location is as follows: excellent proximity to the Couxthouse, located in the Central Business District, adequate lot size,limited resideniial,properties are listed as contributing historic properties,would displace 10-15 households, has 80 on-site parking spaces and 131 off-site parking spaces, assessed value of$783,400,with no construction estimate given. The West Site: (1/2 block that NAPA sits on): A) The site is located in the Central Business District and within reasonable dista.nce to the Courthouse. B) Utilizing this site would displace seven businesses and one household. C) None of the properties are historically significant,located within a historic district, or designated as contributing. D) No analysis has been conducted regarding acquisition,relocation, demolition or construction costs. E) 146 off-site parking spaces were considered to be reasonably located with an additional 80 on-site parking spaces for a total of 226 paxking spaces. The Parking Inventory results for the west location were as follows: 10:00 a.m. on Monday there wexe 164 occupied/62 vacant parking spaces, 12:00 noon on Wednesday there were 177 occupied/ 49 vacant parking spaces, 3:30 p.m. on Friday there were 182 occupied/44 vacant parking spaces. These numbers factor in the 72 occupied on-site paxking spaces. Heuton showed a map depicting the 450 foot parking radius with a 10,000 SF building footprint. The summary of the west site is as follows: good proximity to the Courthouse,located in the Central Business District, adequate lot size,no residential concerns,no historic properties, � 453 displacement of one household and seven businesses, 80 on-site parking spaces and 146 off-site paYking spaces, assessed value of$607,300,with no construction estimate given. Heuton noted with a 20,000 SF building on this site, there is zero setback on the south and very litde on the east. It would infringe somewhat on the e�sting parking lot. HoweveY, compared with the southwest site, parking is more of a problem with this site. In summary, the role of the Task Foxce was not to make a decision,but was rather a fact finding mission to provide information to facilitate the decision making process. Without an architect or engineer's review, the task force felt they could not make a final determination to move the process forward; they couldn't give a complete recommendation. Heuton stated the task force is interested in a project which would add to a government campus setting, enhancing the character of the Central Business District area. There have been several projects which have ta.ken place, such as the Downtown Streetscape and the Children's Museum, and addi.ng to those would certainly be a benefit. The Task Force offered the following suggestions: 1) No matter what choice is made there will be negative impacts. Households will be displaced. Businesses will be displaced. Historic Districts and contributing properties will be impacted. The final action taken should be action which best serves the needs of the residents of the City of Brookings and Bxookings County. 2) The County Commission and the City Council need to determine if there is interest in co-location. If so, there are four possible sites to consider: 1921 Building/5`'' Street Gym, the southwest site, the west site, and the Senior Center site. 3) If a county-only facility is pursued, four options stand out: Courthouse parking lot, south-west site, 5`'' Street Gym, and the 1921 Building. 4) The following should weigh heavily in the decision making process: a) A location/facility which can best serve the public. b) A location/facility which best meets the functional needs of County and City government. c) The creation of a government campus setting and the ability to preserve and/or enhance the character of the Central Business District. d) Total cost in terms of acquisition, construction or reconstruction, and utilities in comparison to the useful life of the building and future ma.intenance costs, as well as savings that may be created through the use of common spaces. e) 'The displacement of households and businesses. Of the various sites studied, a number were ruled out rather quickly, such as East and South of the Courthouse. Interjecting more commercial activity witivn an established residential neighborhood has a tendency to sepa.rate residential areas from the rest of the residential zone it is located in. When that is done, tl�ings around them have a tendency to run down over time. Council member Whaley commented the report focused on county-onlp and joint city/countq facility sites, and asked why nothing was included on ciry-only sites. Heuton stated this was discussed, but no information was put in the study as the city-only prefexred site is to expand to the north of the e�risting City Hall. Whaley would like something included in the repo�t in regaxds to the city's preferred location/expansion plans. Heuton stated he would do as such. Commissionex Larson, on behalf of the county, extended a thank you to those who served on the task force and special thanks to A1 Heuton for his time and effort. Larson felt the committee members brought an open mind and had some great discussion on each and every idea and potential location. Mayor Reed stated everyone will need to review the repoxt in detail. He asked if there was value in the city council discussing the interest of a joint-faciliry. If the Counry has a preferred location,he would hate to have a long discussion only to find out as such, or a particular time frame was not met. Due to the large amount of information in the report, Commissioner Laxson encouraged all to look at and digest the information. Larson would like to know what the general feeling is, and if it makes sense to have a combined facility. Larson clarified his use of the term`combined facility' does not mean the county and city combining offices,but Yather county and city offices would be located in the same building. ComxnissioneY Falken commented the county has been trying to solve space needs for several years, and has been setting money aside in pxepaxation. He feels the county's space needs are more pressing and they need to continue to work fonvard. If the possibility is there for a joint county/city facility,it would be smart to find a laxge enough space now,whetheY the city is ready to build now or 20 years from now. The county could build first, and in the future the city could build something on 45 � .top of it or beside it to fit their needs. There are benefits o£having both the county and the ciry offices together,but questioned how far the city is in the process. Bartley stated they are in a sort of a conundnzm, as in the 2020 Plan states in the year 2010 the joint County/City law enforcement issue was to be addressed, and to date nothing has been done. The current City Hall houses the City's Police Dept., as well as the communications/dispatch office not only for the City Police Dept.,but the Sherriffls Dept.,Ambulance Service,Highway Patrol, Fire Dept., and First Responders. If city administration offices were to move, the current City Hall could become a joint law enforcement facility. In regard to a city/county joint facility location,Bardey preferred the west site, as it has the least impact. A portion of the property is owned by the city, and a new building would enhance that part of downtown, complimenting the streetscape project, the Children's Museum, the Library, and the Active Genexations Center. Whether the county could move to that facility on their own or not he doesn't know,but splitting the construction and acquisition costs would certa.inly be beneficial. The issue is if the city council is interested in this; a decision needs to be made. Of the four suggested sites,he asked if any are agreeable for a joint facility. The first thing needed from the city council is commitment. Commissioner Laxson believes they will know soon what the general public's reaction is to the city and the county working together on a possible joint facility or if the county and city should remain separate. Commissioner Santema stated the current need is not law enforcement,but administrative. The law enforcement center is okay right now;yes,there is need for improvement,but they are not bursting at the seams. This issue was at the forefxont years ago, and was pushed back. It seems like this is the way it is done, to continually go back and forth between joining and staying sepa,rate. Mayor Reed asked that a site neutral discussion on a joint county/city facality be pla.ced on the next council agenda. Council member McClemans agreed a cost estimate is needed on a possible expansion to the north of City Hall. The combination of a joint ciry/county facility may be fine,but it may be economical to stay separate. City Manager Weldon stated TSP's Space Needs Study determined 10,000 SF was needed fox ciry administrative offices and another 10,000 SF for law enforcement. If the current City Hall could be used with some remodeling and renovations and an adjacent addition built to the north, costs would be around$200/SF,not including property acquisition or demolition. In expanding to the north, there axe a number of advantages: one property owner, a potentially willing seller,parking is not an issue with the city-owned parking lot across the street, and the current building is not a contribuiing or historically significant building. Heuton explained the $200/SF figure. In October of 2007,TSP Architects provided a report stating it would cost$3.9 million to build a 23,000 SF building on the county site;which equated to axound $178/SF. The$200/SF figuxe comes from ta.king that same $3.9 million and applping that to a 20,000 SF facility. The $200/SF is from a 2007 estimate, and may or may not be correct today. Commissionex Falken questioned if the area to the north of City Hall was large enough for both county and city offices and of the same size as the potential west site. Weldon responded it all depends on how many floors you want to go up. Heuton clarified the committee kept potential sites East of Main Street to mai.ntain county facilities closer to the Courthouse. However,it does not mean it is not an option. Falken stated the county has looked at options, and passed a motion to build new and on a specific spot and would like to move forward with RFPs. If there is interest in a joint facility,being three blocks from the Courthouse isn't a big concern, especially if propexty is available to accommodate the needs. City Manager Weldon likes the idea of one-stop shopping,but if city offices move,it would segregate city operations from the Police Dept. Weldon prefers what is now,a combined Law Enforcement and City Administrative Building in the current City Hall; to continue to use the tax- payers investment,but then make improvements with an adjacent building. Part of what is timely about this report,in light of the commissioner's previous decision,is the option to hit the reset button and take another look at the issue. That is what discussion is all about. 455 Mayor Reed stated this will be discussed at the next council meeting and will repoxt to the commissioners as to the council's decision. The coinmissioners will then have to decide if they are moving forward on their own or if a joint facility could be re-considered. The more honest the coininission is about that, the better off all will be. In regards to a joint Law Enforcement Facility, Commissioner Falken stated there are two completely different issues: 1) jail issue, and 2) staffing issue of law enforcement. There is a purpose for having the jail close to the Courthouse and there's a purpose for having the Sheriff whe�e the jail is. There are all kinds of options,but most of South Dakota's facilities are run by the Sheriff. Weldon stated the city is not interested in running the jail. Mayor Reed stated the council will have to make a decision and communicate that to the County Commission. Swiftel Center: County Resource Center S�ace. Weldon stated the city would like to acquire the County Resource Center space at the Swiftel Center. T'his would improve operations in terms of office and storage layout and possibly some improvements in the kitchen area. There is the possibility of moving the County Resou�ce Center elsewhere, such as the YES Center if successful in being built, or the vacant space at the R&T Center. The feasibility of the R&T Center would have to be researched. The City would offer that and whatever financial arrangements can be woxked out,whether it is a square footage trade ox whether the City buys out the County's square footage area, as the County has an investment in that facility for that specific amount of square footage, or look at some sort of lease arrangement Yegaxding the R&T Center space. The reason for raising the question was to see if there's a level of intexest in doing this. There axe more and more situations and challenges with non-compatible uses going on at the same time between the Swiftel Center activities and activities in the conference rooms at the County Resource Center. It is proving detrimental in some cases to both sides. As the building becomes more popular for both types of uses,we'd Iike to minimi�e those before they get any worse. Commissioner Larson stated this has been a topic of discussion for quite some tixne as the city's need for expansion was made known. The county has issues to overcome as fax as if the Resource Center is not in the R&T Center,where would it be and what is the future of the YES Center and are we a paxt of that; there are some exciting things happening, but anyrime something like this comes up,we need to sit down and talk about it. Commissioner Santema asked how much space is in the R&T Center. Weldon estimated the county wouldn't need the entire bui.lding, and the building is easily sectioned off pxoviding space for multiple tenants. Mike Struck, Community Development DirectoY, sta.ted the R&T Building is 26,000 square feet;2,800 square feet is cuxrently vacant with another 4,200 squaxe feet becoming vacant this winter. Weldon questioned the amount of space the County Resource Center occupies. The R&T Center would provide closer paxking, easier access and good visibility for the County Resource Center. Weldon wants to know the County's level of interest prior to gathering the data needed to determine if the R&T Center is a viable location for the County Resource Center. Commissioner Falken personally would like to look at the R&T Center. Several things need to be consideYed; the amount of office space,meeting rooms, Extension Service needs, County Weed Dept. needs, staff needs, use of the Swiftel Center for Brookings County Achievement Days, etc. Due to the level of interest, Commissioner Falken sees a need for discussion with the users of the County Resouxce Center. Mayor Reed asked if the Commission would be open to discussions and taking a closer look. Cominissioner Negstad wants to be certain there is equal space. She would also like to evaluate what the space needs are,what type of remodeling would be done and the associated costs, and the compensation the county would get for the building the county built. Commissioner Laxson asked the Council gather the information and come talk to the Commission aga.in. Mayor Reed asked this be put on a futuxe council agenda for further discussion. 34�'Ave./20�' St. Im�rovement Project. Weldon shared a group/task force led by Dr. Kurtenbach have put together an inforxnational brochure describing the project to be used as a lobbying tool in search of some state and/ox federal funding for this project. 45 � Comi.nissioner Larson stated the county and the city are partners and will have to work closely to try to get it funded. He sees this as one of the most important projects in the community right now. If one comes to Brookings at the wrong time, there are trucks lined up the entire length of the I-29 off-ramp wanting to get onto 6�' Street. TheYe is no such project talked about with as much life and death associated with it as this one. Mayor Reed noted any time he has talked to the federal delegation about this, they have been very impressed the county, city,townships,and business gtoups are working together on this project. He would like to see this project funded with STIP funds. The city has developed the first stretch of this road (34`}'Ave. between Highway 14/6`h Street and Highway 14 Bypass). Commissioner Falken expressed concerns regarding street size: 4-lane or 3- lane...nothing has been determined. This needs to be decided prior to establishing cost. City Manager Weldon agreed with Commissioner Falken;it is key to know what kind of adjacent land use development is expected to occur,because that will determine what kind of demand will be put on the transportation system and whethex a 3-lane or a 5-lane with curb and gutter or ditches will best meet the needs of the development density. Mike Struck, Community Development Director,is working on a Comprehensive Mastex Plan for the east side of the community as a component of the 2020 Plan;looking more specifically at 34�'Ave., the Wiese Business Park, the SDDOT property,wedands axeas,and everything that will partake. The design of the road will be an engineering question to be resolved and would be included in the cost ftgure. The fizrther south one goes, the road capacity could be lessened as it would be expected to carry less traffic. Rail Authorit.y Upda�e. Mike Struck, Communiry Development Director, stated the county and city have appointed their members,leaving each body to appoint a member-at-la.Yge. Once those appointments are made, the Authority can begin by adopting By-Laws. The county had advertised for inteYested citizens to apply. The city will be doing a notice soon. 6:00 P.M. REGULAR MEETING. Consent Agenda. A motion was made by Whaley, seconded by Bezdichek, to approve the consent agenda: A. Action to approve the agenda. B. Action to approve the August 11 and August 25 Council Meeting minutes. C. Action on Resolution No. 81-09, declaring items surplus. Resolution No. 81-09 Appraising and Authorizing Sale of Surplus Property Whereas, the City of Brookings has surplus items as listed in a Notice o£Sale that axe no longer necessary or useful for City purposes, and it is the desire of the City to dispose of same as surplus property; Now,Therefore,Be It Resolved,that all the attached listed property declared surplus by the City Council. Further Be It Resolved by the City Council that the property be offered for sale at public auction on September 26,2009. 2009 CITY OF BROOKINGS FINAL SURPLUS LIST. AIRPORT. 1990 L8000 Dump truck with sidewing(Blown engine—does not run),4 used pay loader tires size 20.5—25, 18—4'Flourescent light fixtures;ENGINEERING DEPT. 199G Lumina sedan (3.1 liter SFT V6 engine,automatic transmission with overdrive,front wheel drive,power steering,granite�ray color with medium gray cloth interior,4-wheel independent suspension,air conditioning,AM/FM stereo,VIN # 2G1WL52M4T9203183**transmission needs repair**),2006 Ford Crown Victoria VIN#2FAFT'71W26X155036,automatic transmission with overdrive,rear wheel drive,power steering/locks/windows,cloth front seats,leather back seats,AC,heat is stuck`on'—can't shut it off, electric drivers seat, 101,779 miles),3 file cabinets,2 plastic disc holders,Sam Sung SF-5100 fax machine,Motorola radio and charger MT-100,key board,2 paper trays,keyboard desk extension, computer monitor glare guard,2 measuring wheels (inaccurate), 15'/z"x 17'/2" table with two 9" drop leafs (on wheels),35 metal folding chairs with right hand drop-desk-top on the side and chair rack, empty rack for folding chairs;FINANCE DEPT./CITY IT DEPT. Xerox Phaser 7300 color laser printer with supplies—supplies include the following: toner (2-black, 1-yellow, 1-blue,2-red), Imaging Units (2-black, 1-yellow,2-blue,1-red), 1 Fuser,1 Transfer Unit; FIRT;DEPT. Samsung SF-560 Fax Machine,3 12x12 Overhead Garage Doors &Openers,HP Inkjet Printer,SF-2025 Sharp Copier SN# 86500282,Overhead cabinet Add-a-Stack File Tier,Pentax K1000 35 mm Camera,Canon 35 mm Camera,Thyristar Flash Unit for 35 mm Camera,Tamron— 45 ? 8-210 mm Telephoto Lens;LIBRAI2Y. 5 Clocks,Book drop cart,MicYOfilm cabinet,Metal desk, 3 Phones,Rolling tote,Postage scale,2 Tents, Floor mats,2 Space heaters,Florescent Light fi�cture (48"x 48"),Round low table, Computer cart,Screen, Folding table,Ar�tique wooden desk, Typewriters,AV Cart,Tree stand,Filmstrip projector&case, Office chair, 5 foot long wall-mounted coat rack;PAItKS,Rl3CREATION&FORESTRY. 1985 Dodge Caravan, 1989 Ford Zip Boom (operable, failed safety inspecrions,needs repair), 1955 1 '/z ton Ford Water Truck, 1983 IHC Snorke165' (needs repair), 1988 Cushman (needs repair), Grazer Riding Mower(motor bad),HGP Snowblower (48"3-point hitch mount,working condition),Paver Bricks (approx. 2,500 used),Misc. tables &chairs;PoLICF_,DEPT. Sony Handy Cam Vision 8mm CCD-TRV318 NTSC 560X Dig Zoom (Serial#148687, 548960, 520370, 549026),Sony Handy Cam Vision CCD-TRV87 NTSC 360X Dig Zoom (Serial#250050,258265, 89147, 89181),AirDyne exercise bike,Nordic Trac exercise unit, 1963 Volkswagon (26,070 on odometer,VIN#5603131),Misc. dark room equipment, 8 "BATA"bus seats,2 orange arm chairs,Misc. obsolete radio equipment,Enclosed cargo trailer w/ tandem axle,bow hitch,and rear door (appro�rimately: 15'L x 8'W x 7'I-�,BIKES: Black Trek (TOK5631), Green Trek(TBI-0415C29A7712),Black Roadmaster,Purple Trek(I15067373), Red/Black Quasar (MC 01M04Y),Red Schwinn (SNFXD07L56851),Red Velvo (TOY 0198-HC), Purple/Black Next(8548-42-WAL),Purple Huffy�L99D00967),Red Roadmaster(F00364087), Black Huffy(K8262890858SSF9254),Blue/Silver Mongoose,Black Free Spirit,Blue Roadmaster (FSD08JE),Blue Alpine (RR9103233), Orange Mongoose (SNFSD08C5455�,Purple/Silver Vertical (02TB8146409),Red Quasar(MC06MC04I�,Blue/Purple Roadmaster(R3517WMP1�,Purple Next (LWHC041412),Purple Huffy(46636-904710F�, Gray Murray(79993X92),Maroon Huffy(56031I�, Gray Magna,Blue Roadmaster(SNFSD64F62350),Blue Roadmaster,White Next(DM07B2984), Red Huffy(966889099814F0045), Green Next(600655 080BG),Red Sears,Black/Blue Huffy (865049214421H0885),Red Huffy(365369193712F8144),Blue Rand (C980315351),Pink Next (8575-83C),Blue Roadmaster(SNFSD08F03956),Blue Next(LWFG0138820),Purple Roadmaster (SNFSD08AD1748),Blue Roadmaster(RM30968612),Murray, Green Huffy(265059218613F98), Green/Blue Huffy(BOOE023940),Purple Murray(M050784932), GreenWhite Schwinn (POBM27395),Blue Roadmaster (SNFSD04K16108),Blue Huffy(SNHEE05F53514),Silver Citation (MOP0059172),Blue Schwinn (CSC2126971),Green/Silver Next(B021D0066133),Blue Trek(TBI1380),Blue Escape (1WDI116637),Black Schwinn (53D06629),Green Free Spirit (809MA27790),Blue Roadmaster(SNFSD08E8979),Purple Next(69261142),Purple/Black Next (99TD330891),Blue Schwinn (FG118443),Black Outpost,Gray Trek(WTCJ072C2183B), Yellow/Black Next(8568-49-20680423); SOLID WASTr/LANDrILL. Solid Waste Collecrion (612): 5 3-cu.-yard dumpsters, 5 2-cu.-yard dumpsters, 5 11/2-cu.-yard dumpsters,Tire 425/65 R 22.5. Solid Waste Disposal (625): 1976 International5 yard dump truck(Asset Number 53)VIN# D0512FHA13170; 1977 Internationa11600 flat bed truck(Asset Number 65)VIN# D0512GHA19309, 6 Loader Tires 20.5 x R25, 5 Motor Grader Tires 14.00 x 24.00;S�tF:rT DErr. 1971 Dodge Flusher Chassis with ROSCO Truck Flusher Body,Serial#M81HM1J310991 (chassis SI�;SWIi"I'EL CENT'ER 5'Wood table,Miscellaneous tarps,Extension cord rack,Lockers,Bleacher plywood,Swiftel Communications kiosk,Pressure washer(does not work),Used rolled roofing, Hose with reel,Shop Vac, Computer power cords,2 phones, 3 cash drawers,Staple gun,Adding machine with paper, CD Burner,Power plunger,Brother fax machine,Radio/boom box,7 keyboards, 3 56k modems,Router, 3 sets computer speakers,3 computer mouse,2 console computer monitors,Coffee cup lids,2laptop docking stations, Compaq Armada laptop,Sonic firewall,Misc. Microsoft Office software,Misc. Computer cords,2 soap dispensers,2 cup holders, 10 Norton Antivirus software,Landscape edging,2 flat panel monitors (do not work),2 electronic eye batteries, Office chair,Stool,Garden hose,2 Extension cords on reels,HP Laser printer,Epson printer, Colored light bulbs,Message board, Computer hard drive,Misc.wiring,21oad straps,Computer desk drawer,Computer keyboaxd tray,2 bleacher wheels,Display rack,Reznor thermostat and variable speed control D. Action on bids for snow rernoval. The following bids were awaxded: Three (3� Blades with win�s: Bowes Construction be awarded bids on theix motor gxaders with houxly rates of�145.00 (with cha.ins) and$135.00 (no chains). One (1� 3- to 6-Yard Loader: Bowes Construction be awarded the bid on their 5-cubic yard loader with an hourly rate of$140.00. One �1) Loader with Reversible Blade: Prunty Construction be awarded the bid on their JD624J reversible plow with an hourly rate of$156.00. Twelve (12�End-Dum� Trucks: Prussman Contracting, Inc. #20, #21, #22, #23 for$110.00,Bowes Construction, Inc. #T23, #T24, #T6 for$90.00, GCC Ready Mix #5050 & #5060 for$125.00,Prunty Construction Co., Inc. #28 & #29 for$95.00. Not awaYded-Bowes for 2loaders @ $140/houx. Bids were opened on 9/1/09. E. Action on Resolution No. 82-09, approving the project plan for Tax Increment District Number Three (TID #3). Resolution No. 82-09 -Tax Tncrement Plan #3 Whereas, the Brookings Planning Commission has recommended the approval of the Tax Increment Plan,Tax Incremental District Number Three; and 45 � Whe�eas, the City Council finds that all requitements have been met in orde�to appxove said Tax Increment Plan. Now Therefore,Be It Resolved by the City Council 1) Approval of Project Plan. The project plan, a copy of which is on file with the City Finance Officer,hereby approved. 2) Findings. The City Council finds that the project plan is feasible and that it conforms to the City's master plan. All findings made in the ta.x increment plan are included herein by reference. F. Action on Resolution No. 83-09, approving the project plan for Tax Increment District Numbex Three (TID #4). Resolution No. 83-09 -Tax Increment Plan#4 Whereas, the Brookings Pla.nning Comtnission has recommended the approval of the Tax Increment Plan,Tax Incremental District Number Four;and Whereas, the City Council finds that all requirements have been met in order to approve said Tax Increment Plan. Now Therefore,Be It Resolved by the City Council 1) Approval of Project Pla.n. The project plan, a copy of which is on file with the City Finance Officer,hereby approved. 2) Findings. The City Council finds that the project plan is feasible and that it conforms to the City's master plan. All findings made in the tax increment plan axe included herein by reference. G. Action on Resolution No. 84-09,Authorizing Change Order No. 2 (CCO#2) for 2008- 02STA 15th Street South, Christine Avenue and Camelot Drive Assessment Project, Winter Brothers Underground, Inc. Resolution No. 84-09 A Resolution Authorizing Change Order No. 2 (CCO#2) for 2008-02STA 15`�Street South, Christine Avenue and Camelot Drive Assessment Project Winter Brothexs Underground, Inc. Be It Resolved by the City Council that the following change ord'er be allowed for 2008- 02STA 15`�'Street South, Christine Avenue and Camelot Drive Assessment Project: Construction Change Order Number 2 -Additional unclassified excavation,gravel base course and subgrade fabric for the intersections of Christine Avenue and Camelot Drive at 15�' Street South and water valve repair for a total increase of$2,730.00. H. Action on Resolution No. 85-09,Authorizing Final Change Order (CCO#1 Final) for 2008-10SSI Timberline Detention Pond Project, Bowes Construction Inc. Resolution No. 85-09 A Resolution Authorizing Final Change Order (CCO#1 Fina1) For 2008-10SSI Timberline Detention Pond Project-Bowes Construction Inc.,Brookings, SD Be It Resolved by the City Council that the following change order be allowed for 2008- 10SSI,Timberline Detention Pond Project: Construction Change Order Number 1 Final- Adjust estimated bid quantities to "as build" quantities for a total increase of$1,428.58. Adjust completion date to August 14, 2009. On the motion, all present voted yes;motion carried. 2008 Financial Report Presentation. Dick Ellis,Wohlenberg Ritzman &Co. LLC.,presented the 2008 Ciry of Brookings Audit to the Council. Ellis stated the auditors function is to offer an opinion on the financial statements of the city. No deficiencies in internal controls or ot� the complia.nce end were found. Weldon asked if there were any key items which serve as an indicator of a city's financial health. Ellis emphasized Net Assets, and changes an Net Assets is a key ind.icator; thexe was a 13%increase in 2007 and a 12%increase in 2008. Weldon mentioned components of BMU and the Hospital were incorporated into this analysis for accounting purposes. Ciiy Manager's Amendment Recommendation for Second Reading of the Budget Ordinance. City Manager Jeff Weldon submitted the following�ecommendations to the City Council for their consideration. "Pursuant to your direction from the last council meeting, the 459 following is my recommendation for additional cuts to the proposed budget for operations in the general fund. Such cuts were directed by the Council to limit the budget increase to two percent (2%); or a reduction of 1.3 percent fYOm my pYOposal. This aggregate amount of these supplemental additional budgetary reductions is $145,375. Our suggested process is to proceed with the first xeading of the budget ordinance at this meeting as originally presented. At second reading,we can consider any amendment prior to final adoption. I wanted to give you my recommendation for supplemental cuts to the ordinance in advance of second reading so you have an oppoxtunity to review and comment on my recommended amendment prior to consideration of second reading. Attached is a finance sheet itemizing aggregate cuts that meet the$145,375 taxget amount. The following is a summary of the attached sheet." Regular Pay ($26,088): Reduce the additional full-time Forestry position to one-half year. The position would be effective July instead of January. Temporary Pay ($27,600): Elimuiate school crossing guards for August-December. We would complete the current school year but would turn this service over to the school district for the 2010- 2011 school year. Also eliminates the Safety Town program for one year. Reduce temporary pay for the Fire Department on truck and builcling ma.intenance and reduce temporary pay for the Library. Also eliminates the operational subsidy of$4000 each for the Swim Club and Friends of Baseball in the Recreation budget that pays theix coaches. Travel-Lodging-Registration-Training ($15,225): Reduce NCL conference attendance for the Council by$10,000 and eliminate NLC Conference attendance for the City Manager for a savings of $4850. Reduce general e�ense of travel and training for the City Attorney by$375. Printing-Publishing ($6,000): Reduce publishing City Council minutes ir�the official newspaper by modifying our meeting minutes process so they are more condensed. With the technological advancement of our video televised meetings and the coming Granicus software system,we can have abbxeviated detail of minutes in the newspaper. The video record system will be much more accuxate than the written record. Capital ($15,967): Reduce Community Development auto replacement by$12,000 for Code Enforcement as we purchased a surplus vehicle from Brookings County. Realize savings of$3967 in engineering technology by splitting the equipment cost with an additional partner. Other operating ($33,935): The architectura.l contract for design of the new front entrance to City Hall to make it ADA accessible was $50001ess than we budgeted. Eliminates our$5000 set-aside for local match needed for any grant applications; eliminates the City Manager's contingency account of$10,000;reduces the volunteer recognition expenses by$2,150;and reduces the operating contingency by$11,785. Subsidies ($20,560): This reduces genexal fund subsidies by five percent: Community Cultural Center (-$1,050.00), Community Band (-$400), SDSU Safe Ride (-$250),BATA (-$3,000), ECMH (- $750), Christmas Decorations (-$1,000), School District Subsidy (-$10,360),Boys & Girls Club Subsidy (-$3,750). Weldon stated at the last council meeting, staff was directed to identify supplemental cuts from general funds in terms of operations and personnel. Weldon pYesented the series of cuts that meets the target goal of limiting the budget increase to 2% (a reduction of 1.3% from the original proposal, which translates to $145,375). These were difficult recommendations to make. They are not laxge cuts,but in the overall scope of the budget are difficult to make as these are impoxtant issues that axe possibly eliminated from the budget. This is part of the requirement of living within our means, and if we don't have the revenue to meet the means, then we have obligations to bring a budget in line that does that. This is truly an exercise in shaxed pain and balance, and it doesn't make a lot of sense for city departments to have their level of service compromised, but still not affect several of the organizations the city gives money to. The proposed cuts amount to $145,000. Whaley expressed concerns with the proposed cuts: wl�at about training for the forestry position if they start in July versus January, eliminate School Crossing Guards and Safety Town—these provide for and teach safety to children, the Swim Club and Friends of Baseball subsidies, the Temporary Library Pay, etc. Many of these things axe for the kids of BYOOkings. To limit the number of council members attending national meetings and 46 � conventions and the City Manager not attending at all...this is where we go to learn. She strongly feels the budget should remain as is. Reed stated the budget is balanced with monies from Second Penny Funds. This decYeases what can be spent on investments such as the PAC or the airport. His concern is that when expenses grow and capital lags, thexe isn't much left to invest. Bardey stated the 75/25 Second Penny O�dinance was put into place by the State Legislature a number of years ago. The Legislature seems to want to change this, allowing a city council to deterxnine what operational or capital e�cpenses are in need of Second Penny Funds. This system doesn't wo�k. While there will be some money for investments, there won't be money for the investment in our community and our staff, and all the things that make this growing community succeed. He would like to see a future discussion on the 75/25 Second Penny Ordinance,but not so faY out as the next council retreat. We cannot afford to continue to cut expenses. The Brookings community doesn't need to suffer in order to put some things forward. For example,what good is it to invest in the PAC if we have unmaintained stteets, etc. If we need to eliminate the 75/25 or change the percentage, or use the entire second penny, that fle�bility is needed. If revenues run short in 2010,we can make a budget amendment at that time, not now. If something is eliminated this year,it will be easier to eliminate it again next year. The budget is flatlined and adequate the way it is. It would be hard for him to support any of the proposed cuts. Reed stated the city has seen a 3%growth for several years. There needs to be discussion on the use of Second Penny Funds. The SD Municipal League is asking, and will be discussed at the next council meeting, to support the possibility of a third penny. There would be some limitations in regards to using for a project, but that was what the second penny was for. Bezdichek understands as Mayor,Reed's fiscal responsibilities are ta.king a look at the budget. We do not know what those numbexs are going to be in the future,but he believes the city will be better off. As a council member,he has no problem spending the Second Penny Funds. The citizens of Bxookings don't deserve these cuts. Brookings is thriving and this is not worth the pain. Kubal asked if they axe looking at something which is more cosmetic than reality to give the impression the city is saving money which can be afforded to spend if there's confidence looking down the road. We eithex keep the $145,375 in the budget or take it out. Reed,being the original one making the proposal,was hoping the cuts would be more. Maybe it is cosmetic. It brought up the discussion about Second Penny Funds,which is where his concern lies. He has been bothered by the fact the city has never transferred money from Second Penny Funds into the General Fund before. Some good ideas have come forward to save money. Any time in a down revenue situation, one must continue to invest. Weldon made a visual point with a recently published set of city council minutes in the Brookings Registex which cost$992. Changing how the minutes axe done provides an opportunity to save some tax dollars. Thxough the advent of technology,a better job of government openness is had. Reed questioned if only the basics would be published. Weldon stated yes, as an abbxeviated/ condensed version of the same meeting. McClemans stated much of this is cosmetic. The 75/25 Second Penny Ordinance gives guidance. His interest here is to see what is going to be done with the 75/25 Second Penny Ordinance;it would be easy to roll it back to 70/30. He is not comfortable with these cosmetic cuts as they don't xeally do anything. He will not be supporting these cuts,but at the same doesn't know how to keep from spending. Bardey stressed the council needs to be cognizant of the fact Brookings is a growing community. There is an increased need for services provided by the city, from the Paxk&Rec Programs to Street maintenance. 'I'he Street Dept. saved between$80,000-$90,000 by using peaxock instead of granite for the chip seal project,by their own decision and not the council's - - that is half the amount trying to be cut. The impact of this change on the community upset some people primarily due to the dust;people notice reductions in services. So, as a growing community, do we staxt cutting in those areas in oxder to save some money or do we continue to pxovide the services people expect. He would like to have discussion on the 75/25 Second Penny Ordinance at a future council meeting, preferably before the next budget process. Brookings is known for its quality of life. He wants to maintain the city,its services and its staff, and doesn't want Bxookings to turn into a dumpy town with reductions in services. 461 McClemans stated most communities don't have the BMU,Landfill, and Liquor Store transfers such as Brookings. We manage to consume it all where most towns get by with their property tax and theit sales tax. Reed stated that too is his concern. If the 75/25 was changed to 70/30, and we got to a point where projects can't be done, a thitd penny tax would have to be enacted. Discussion is needed on whether we can raise our own taxes, but he doesn't know if he wants to go there. Need to look at where cuts can be made. The question is if we want to transfer$691,000 in for capital. Weldon stated that is transferring money in to pay for items restricted by orclinance that comes from one of the various revenue streams. First penny pays for operations, 25% of second penny pays for equipment and streets, and 75% of second penny is for public improvements. Reed stated these are items we would have paid for previously out of the general fund. He doesn't disagree with where the money is being used,but rather the idea of Second Penny Funds being used to balance the budget. Reed would like to see some cuts continued to be worked at such as publishing costs. Weldon stated he asked for direction at the last meeting and was told to make the cuts. He did that. He did thirik of cutting Mosquito Control because the Governor has cut that program. It would have been an easy cut to make if it were not for the problem of West Nile and a public health issue. With the help of staff, he tried to offer oppoxtunities to get to the goal of$145,000 with the minimal amount of pain to our services and yet everybody sharing a little bit. In looking at the capital budget,it isn't going to get any better. Brookings has good foxtune with the benefit of a lot of transfers;many communities don't have what Brookings has. If those transfers didn't e�st,we wouldn't have the Larson Ice Center, the Ac�uatic Park,we wouldn't be able to finance the Innovation Campus, and we wouldn't be doing some things we are doing. These are all things that set Brookings apart as a community. If it weren't for these, the city wouldn't have been able to support the debt service fox $6 million for the PAC I project, or even be considering the 34`''Ave./20`h Street P�oject. No matter how much money there is, an unlimited list exist with needs to spend it on. Thanks to conservative budgeting reserves were built. Bezdichek stated Mayor Reed has done the job of making a point and a point well taken. It has made every council member give some thought. Citizens of Brookings need to realize there are so many things done here that are taken for granted: tree trimm;ng, crossing guards, etc. Every one of these things costs money. His point; we have to truly believe we accomplished what the Mayor asked us to do;realize we spend a lot of money on the citizens and the children of Brookings to give them the quality of life they need. Between Rita Thompson and Jeff Weldon, they know it is a lean budget and will do what they can to cut it. We have accomplished something other than just cutting the budget. 18L Reading— Ordinance No. 21-09. A first reading was held on Ordinance No. 21-09,an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2010 Fiscal Year and providing for the annual tax levy and annual ta.x for all funds. Public Hearing.• September 22"`� 1$`Reading—Ordinance No. 22-09. A first reading as held on Ordinance No.2 2-09, an Orclinance pertaining to an application for a Conditional Use for a taller broadcast tower height in the Business B-2A Disttict (tower height of 90 feet on Lot 6, Block 1, Insbrook Park Addition, also known as 227 22"d Ave.). Public Hearing.• September 22"d , TA.BLED 2°d Reading;—Ordinance No. 17-09. A motion was made by McClemans, seconded by Kubal, to remove the item from the table. AlI present voted yes;motion carried. Coarncil Di.rcus�ion: Wleldon,rtated thi.rgive.r a modification to include taxi cab ouiner'r license a.r being.rubject to revocation ju.rt a.r a driver'r licen,re for a taxi cab i.r. The di.rcu.r.rion that led to the tabling sva,r a question brnught up relative to the impact on limou,rine.reruice. Staff did.rome re.cearch on other fzrrt cla.r.r citie.r and it 1va.r determined that ,reveral citie.c do not license limou.rine ar bu.r service.r, or they are licen.red the.rame as a taari cab,reruice. Brittiman.rtated the ordinance lacked a d�nition of taxicab.r, svhich ha.r been added. Limou.rine.r are certainly vehicles for hire. It is apolicy deci.rion zvhether it i.r�vorth the�ort to regulate limou.rine.r in addition to taxzcab.r. Keed,rhared his concerns of.romeone getting a stretch car and giving ride.r home f�nm dosvntosvn for a fee. He a.rked Chief Miller if thi.r�a,r a concern. Chief Miller.rtated it i.r, but the other i.r.rue i.r they are tran.rient in nature. There are limou.cine,rervices from other communitie.r that pull into Brooking.c and doe.rn't knolv svhat control.r u�e svould have 46 � over other limou.rine.reruices from out�•ide of Brookings that come into Brooking.r. I-Yleldon.rtated it u�oitld have to be similar to a tran�ient merchant licen.re in that regard. Bartley a.rked if there zvere any limou,rine.rervice.r ba.red oart of Brooking.r. Chief Miller knou�.r of tsvo. Bartley a.rked a.r Sioux Falls licen.re.r all vehicle.r for hire, if there ava.r any rea.ron zve avouldn't lvant to look at that zvith `all vehicle.r for hire'in.rtead of.rpecifying ta.��zcab or limou.rine. Miller .raid that coulcl be taken into con,rideration and control the.rerUice.r being o�fered svithin our city. Kul�al a,rked for clarification that the di.rczr.r.rion i.r regarding licen.ring the taxi a.r a b�r.rine.rs, and not the operator. Brittiman re.rponded ave are al.ro intere.rted in zvho i.r driving tho.re vehic•le.r. There i.r a mechani.rm in the licen�ing proce,r.r for.rta�f'to reviezv who is driving the vehicle.r. Bartley que.rtioned if they svere.rubject to.rtate regulation a.r far a.r the cla.r.r of licen.ce they have to drive a limousine or a vehicle for hire.ruch a.r a commercial licen.re or a chau�eur.r licen.re. Brittiman couldn't'an.ru�er. McCleman.r believe.c the council ha.r a re.rpon.ribility, in regard.c to liability, to regulate�vhat is being operated and by avhom. Bartley leno�v.r there i.r EZ Cab zvho.re ba.re is out of B�noking.r and�vould end up being exempt. Hoav avouldyou regulate it� Brit�man stated if they are o�ierating in the city, they would have to have a license here. If picking r� people for a fare in Brooking.r, they are.rubject to our licen�ing pmcedure. Bartley a.rked if we aa�ou�d have the.rame concern if a Sioux Fall.r limou.rine.rerUice came to Brooking.r to take people to the ca.cino. Brittiman e.x�ect.r it avould be under thi.r ordinance. Bartley a.rked if there zva.r intere.rt to change thi.r to vehicle.r for hire. Wle don't in,rpect any vehicle.r noa�and i.r that a burden u�e u�ant to put on the Police Dept. Brit�nan clarified the focu.r i.r on the driver.r and ownerr Beed a.rked if it aa�ould be po.crible to put in the ordinance if licensed from another municipality, they don't have to be licen.red here. Brit�nan.rtated that u�ould be fea.rible. Kubal.rtated thi.r i.rgetting too complicated. WIe don't need to look at a vehicle coming into the czty and leaving thereafter. Keep it�im�ile. AMENDMENT: A motion was made by Reed, seconded by Bezdichek to amend the main motion to include the following changes proposed by the City Attorney: Sec. 26-181. Definition.r The follo�ring svord.r, term.r and phrase.r, svhen u.red in thi.r chapter, .rhall have the meaning.r a.rcrzbed to them in thi.r.rection, except zvhere the context clearly indicate.r a d�er�nt meaning: Limousine means a full-si�e motor vehicle (automobile)unth an extended svheel ba.re and zvhich ha,r a pa,r,renger compartment that can be.realed from the driver'r compartment, urith a.reating capacity of at lea.rt.rix per.ron.r, not including the driver, not traveling any d�nite or pre.rcribed route, and operated by a driver. Operator mean.r aper.ron engaged in bu.rine.r.r a.r an operator of a taxicab. Ta.xicab mean.r a motor vehicle,for carrying pa.rsenger.r, uritb a.reating capacity for.reven persons or le.r.r, not including the driver, not traveling any definite or pre,rcribed rnute, o�ierated by a driver, and carying or accepting pa.r.rengerr for hire, but.rhall not include funeral car.r, limou.rine.r, bu.re.r or amGulance.r. T�ehicle for hire mean.r any taxicab licen.red under thi.r chapter, but excluding bu.r or motorbu.r, svheelchair tran,port and limou.rine. All present voted yes;motion carried to amend. � FINAL: On the rnain motion made by Bartley/Kuba1 ftom August 25`1i, as amended, all present voted yes;motion carried. 2°a Reading—Ordinance No. 19-09. A motion was made by Bezdichek, seconded by McClemans, to approve Ordinance No. 19-09, an Ordinance Clarifying Open BurnuZg and Creating Requirements for Recreational Fires in the City of Brookings, South Dakota.. Council Discussion: Bartdey asked Darrell Hartmann,Fire Chief, about the location of a fire pit, as many are put on decks, and under thi.r ordinance that u�ould no longer be allozved. Hartmann.rtated fzre pit,r are combustible and .rhould never be placed on deck.r. Bartley.rtated many of the.re rule.r are ea.ry to.rpot and enforce, but a.rked Chief Hartmann to define nearby (e.g. the,rmoke i.r offen.rive to nearby neighbor.r), odor, and o�ensive, in re.rponding to a fire. Hartmann stated if.romeone com�ilained and noncompliant materials were being burned, it i.r an annoyance to the neighbor. This,rhouldn't be an i.r.rue if allowable material.r are being burned;manufactured timber or actual log burning. Dimen.rional lumber fire.r.ret o�.rpark.r and i.r one reason zvhy it and other l�urnable material.r have been banned. It only take.r orte per,ron to not like it and 1ve need to�irovide for that perron.r svell being too. J�Miller, Police Chief, compared thi.r to a di.cturbing the peace call. It i.r considered subjective;they must confirm it them.relve.r firrt before they talk to or,rite anyone. Bartdey avants some,ren.re of enforcement coherion. Chief Hartmann has put together a 2�iart checklist-type form which follosur the regulation,r.ret forth in the ordinance. He zvil!.rhare thi.r �vith the City Manager and the Police Dept. once thi.r Ordinance i.r pas.red. It i,r a 2 part farm zvhere the Police or Fire Dej�t. a�ould maintain a copy a.r avell a.r the individual prouiding for.rome fodloav-uj�on the.re o�en.re.r. Ye.r, .rome things avill be,rubjective, but they avill avork together to maintain con.ci,rtency. 463 All present voted yes;motion carried. Public Hearing— Ordinance No. 20-09. A public hearing was held on Ordinance No. 20-09, an Ordinance pertaining to an Application for a Condirional Use fox a Church in the Business B-2 District. A motion was made by Whaley, seconded by McClemans, to approve. All present voted yes; motion carried. Council To�ics. McClemans would like to have discussion about paxticipation in second penny projects at SDSU on a future agenda. Weldon stated this will be on the agenda once the airport issue is resolved. Whaley asked where the city is in the process of the new restaurant liquor licenses and if we axe going to be able to issue them or not. Weldon stated there is a heaxing in court on September 21S` and will know more after that. 'This will be placed on the next council agenda. Ad�ourn. A motion was made by Bartley, seconded by McClemans, to adjourn. All present voted yes;motion carried. Meeting adjourned at 7:24 p.m. CITY OF BROOKINGS '�-'��,L/. ��:�'.(�•-p e T: Tim Reed,Mayor O. `r �' 21 z; l8�'g c'cn N�;� 8 f c •. . `� o ••. .•''a S� "�' hornes, City Clerk