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HomeMy WebLinkAboutCCMinutes_2009_10_27 481 Brookings City Council October 27, 2009 The Brookings City Council held a meeting on Tuesday, October 27, 2009 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council MembeYS Julie Whaley,John Kuba1, Mike McClemans, Mike Bartley,Jael Thorpe, and Tom Bezdichek. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. U�date from Senator Tohnson's Office. Matt AsdefoYd, staff inember for Senator Johnson, pxovided an update on behalf of the Senator on current issues that impact Brookings and the State of South Dakota. Availability of additional Lic�uor Licenses per current census estimates. Pursuant to the City Council's request from October 13`�', the City Attorney and staff have researched the possibility of additional liquor licenses based on current census estimates. Enclosed below is a memorandum of response from the City Attorney which indicates that no additional licenses would be available. Steve Britzman, City Attorney, provided a memo stating that he had checked for the July 1, 2008 census number for Brookings on the U.S. Census Bureau website and found the figure 19,865. Sta.te law requires if the City uses a"census estimate"it has to reduce the population for purposes of calculating the authorized number of on-sale licenses to 90% of that figure, or 17,879,which his computations indicate provides for 15 on-sale licenses. State sta.tute requites City's use only 90% of the estimate foY purposes of calculating the number of licenses available. The 90%procedure is only applicable if a municipality is using data. from census estimates as opposed to the decentual federal census. Census figures for the City of Brookings are as follows: 07/01/1999 -17,823;2000 Census -18,504; 07/01/2001 - 18,857; 07/01/2002 - 19,048; 07/01/2003 - 18,983; 07/01/2004- 18,982; 07/01/2005 - 18,814; 07/01/2006 - 19,337; 07/01/2007 - 19,567; 07/01/2008 -19,8G5. Whaley asked�vhen would be the soonest that the officia12010 census numbers would be available. Staff responde�i July or August of 2011. Neighborhoo�3 Rec�uest for Parking Ordinance. Property owners Bev and Tom Dobbs,Ray and Ardy Johnson,Jim and Connie McKnight, and Corliss and Anne Johnson formally requested the City Council cc�nsider passing an ordinance to eliminate parking on residential streets between the hours of 2:00 and 6:00 a.m. This request comes on the heels of extensive discussion by the Pla.nning Commission atid neighbors regarding off-street parking requirements, specifically for xental addtesses. That issue led to a parking ordinance recommendation by the Planning Commission. Both on and of f street paxking is a multi-faceted, complicated and controversia.l issue given the diversity of the neighborhoods. , Beverly Dobbs, 131 Jefferson Avenue, clarified that their request was not for a year-round ban, only during snow season fox safety xeasons. However, the gYOUp also feels that rentals aren't requited to provide enoug�i off-street parking spaces and they'd Iike to see a complete xeview of the city's parking regulations. The City Council discussed the existence of duplexes in these neighborhoods prior to the passage of zoning laws. It was noted that in comparison to other cities, the Brookings parking xegulations are adequate or greater than most. A citywide study would take more citizen involvement, staff time and funding. A citywide approach may also create new problems and hardships not curxendy contemplated. They also discussed a citywide ordinance verses a localized approach. Localized options included alternating one-sided parking, seasonal bans,paxtial hour bans,parking permits and contacting other cities for ideas. It was noted that the Planning Commission is currendy looking at an increase in parking requirements. Referral to the City Traffic Safety Committee fox review of the safery issues including taking public testimony was suggested. Creation of a"blue ribbon" ad hoc committee consisting of a broad cxoss section of the community to study the issue and provide formal recommendations was suggested. Mayor Reed felt this is a problem that the City can't keep pushing off and feels more ideas need to be genexated to address this problem. This issue has been presented to the City Council and now has a responsibility to the citizens to figuxe out a solution. He suggested a more comprehensive plan fox the city with several options for the Council to consider. 48 � Jeff Weldon, City Manager,noted enforcement is an obstacle to achieving compliance. Selective enforcement could addtess a complaint area,but moxe resources would be required to achieve consistent enforcement. The other issue is signage. Ordinances can't be enforced without proper signage and notice to the motorists. The parking problem isn't as narrow as just rentals. Sufficient off-street parl�ing at single family homes is also a problem in Brookings. And, different neighborhoods have different characteristics. Streets are a public right-of-way to be used by the general public and unless the axea is signed or additional restrictions are posted, the public has the ability to park there. Property owners do not have an inhexent right to paxking spaces in front of their homes. The 72-hour limit also poses enforcement problems in that people know how to get around the law. Accessory vehicles further compound the issue. He asked that whatever changes are recommended to keep in mind the issues of enforcement and resoutces for effectiveness. Reed recommended that Kubal and the City Manager develop a draft structure and including mission/charge for the blue ribbon ad hoc committee for discussion and review at the next work session. City Council Member Ex-Officio Reporis. Kubal reported that the Utility Board is holding hearings on their 2010 rate increases with final approval scheduled in December. Whaley reported the Hospital Board is discussing the H1N1 issue,weekly meetings for managers, 2010 budget, records management system,bid awards on the e�ansion project, temporary housing for the ambulance bay,and notice of gxoundbreaking. 6:00 P.M. REGULAR MEETING. � Consent Agenda. The following items were removed from the consent agenda fox individual discussion and action: Resolution No.'s 101-09, 102-09, 103-09, 104-09, 105-09, and 106-09. A motion was made by Bardey, seconded by McClemans,to approve the consent agenda as amended. A. Action to approve the agenda, as amended. B. Action to approve the October 13�` Council Meeting minutes. C. Action to approve Phase 2 of the Safe Routes to School A.greement between South Dakota Department of Transportation, the City of Brookings, and the Brookings School District. , D. Action on Resolution No. 99-09,A Resolution Directing Preparation of Assessment Roll, Dividing Assessments Into Installments, and Providing for the Collection Thereof for Alley Assessment Project 2008-04STA(Alley from 7`�Avenue to 8`�Avenue between 6`'' Street and 7�' Street). Resolution No. 99-09 Resolution Directing Prepaxation of Assessment Roll, Dividing Assessments into Tnstallments, and providing for the Collection thereof for Street Assessment Project 2008-04STA (East/West Alley from 6`�'St. to 7�' St. between 7�'Ave. and 8`�'Ave.) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution 93- 08,Resolution of Necessity for Street Assessment Pxoject No. 2008-04STA. The referendum has not been invoked, and no written protests against the making of said unprovement have been filed with the City Manager. 2. A contract for Street Assessment Project No. 2008-04STA has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in City Hall showing the total cost of said improvement as follows: Contxact price $24,373.68 Engineering,inspection, fiscal,legal expense and publication 1462.42 $25,836.10 4. The total cost of said improvement shall be paid as follows:Assessable costs-$24,836.10 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land conriguous to the alley constituting said improvement. 6. The assessment shall be divided into five (5) equal annual installxnents. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Managex in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). 483 E. Action on Resolution No. 100-09, a Resolution Amending a Funding Agreement for Bike Trail Project POENH(147) PCN QOC2 & EM 8006(49) PCN 010A. Resolution No. 100-09 Resolution for Amendment No. 1 to Agreement No. 713475 Between South Dakota Department of Transportation and City of Brookings Bike Trail Project POENH(147) PCN OOC2 & EM 8006(49) PCN 010A Whexeas, the City of Brookings has identified the need to complete its multi-use trail system for adequate transportation;and Whereas, it has been deterinined by the State of South Dakota that the project is eligible for Transportation Enhancement Funding and High Priority Funds;and Whereas, the City of Brookings is the sponsoring applicant for funds;and Whereas, the City is capable of administering the fedexal aid project;and Whereas, the funding level for the high priority project EM 8006(49) PCN 010A has been increased to $90,613.77;and Therefore,Be It Resolved that the City of Brooking duly authoxizes the Mayor of the City of Brookings to sign Amendment No. 1 to Agreement No. 713476 between South Dakota Department of Transportation and the City of Brookings. � This xesolution is effective immediately upon passage. On the motion, all present voted yes; motion carried. Governor's Awards for Em�loyment of People who have Disability Nominees. The Governor's Awaxd is a pxogram which recognizes individuals and employers for their contributions to the rehabilitation and employment of persons with disabilities in South Dakota. The Brookings Committee for People who have Disabilities and Brookings NDEAM (National Disability Employment Awareness Month) Committee are nominating the following local nominations for the 2010 Governor'sAward.r.Aramaxk, Inc. for Outstanding Large Private Employer, the Valley Restaurant in Volga for Outstanding Small Private Employer, Kristi Glenn and Amy McGregor for Outstanding Employees with a Disability. Resolution No. 101-09—Change Order. A motion was made by Bardey, seconded by McClemans, to appxove Resolution No. 101-09, a Resolution Authorizing Fina1 Change Ordex (CCO#3 Final) for 2008-02STA 15`'' Street South, Camelot Drive,and Christine Avenue Street Assessment Project (Winter Bxothers Underground, Inc.). All present voted yes;motion caxried. Resolution No. 101-09 A Resolution Authorizing Final Change Order (CCO#3 Fina1) for 2008-02STA 15`"Stteet South, Ch�istine Avenue and Camelot Drive Assessment Pxoject Winter Brothers Underground, Inc. Be It Resolved by the City Council that the following change order be allowed for 2008-02STA 15`� Street South, Christine Avenue and Camelot Drive Assessment Project: Construction Change Order Number 3 Final: Adjust estimated bid quantities to "as build" quantities for a tota.l increase of$1,844.61. Adjust completion date to July 22, 2009. Resolution No. 102-09— Change Order. A motion was made by McClemans, seconded by Kubal, to appxove Resolution No. 102-09, a Resolution Authorizing Change Order (CCO#1) for 2008-123 Sieler Addition Street Project (Clark Drew Construction, Inc.). All present voted yes; motion caxried. Resolution No. 102-09 A Resolution Authorizing Change Order No. 1(CCO#1) for 2008-123 Sieler Addition Street Project, Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2008-123 Sieler Addition Street Project: Construction Change Order Number 1: Adjust contract for additional work to install 8" double wall pvc drain pipe for a total increase of$18,279.20. Adjust contract completion date by 24 days to July 24, 2009. 48 � Resolution No. 103-09—Change Order. A motion was made by Bardey, seconded by Thorpe, to approve Resolution No. 103-09,A Resolution Authorizing Final Change Order (CCO Final) for 2008-123 Sieler Addition Street Project (Clark Drew Construction, Inc.). All present voted yes; motion carried. Resolution No. 103-09 A Resolution Authorizing Change Oxder No. 2(CCO#2 fmal) foY 2008-123 Siele�Addition Street Project, Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change oxder be allowed for 2008-123 Sieler Addition Street Project: Construction Change Order Number 2 final: Adjust final quantities to as- built quantities for a total decrease of$10,931.38 to final out the project. All present voted yes; motion caxried. Resolution No. 104-09—Change Order. A motion was made Kubal, seconded by Whaley, to approve Resolution No. 104-09, a Resolution Authorizing Change Order (CCO#2) for 2008-09STI Rio Grande,Napa Valley,and Cumberland Court Project (Rounds Construction) Resolution No. 104-09 A Resolution Authorizing Change Order No. 2(CCO#2) for 2008-09STI Rio Grand,Napa Valley&Cumberland Cou.rt Project,Rounds Construction Be It Resolved by the City Council that the following change order be allowed for 2008-09STI Rio Grand,Napa Valley&Cumberland Couxt Pxoject: Construction Change Order Number 2: Move 12"Watex main to the north side of 20�' Stteet South. Resolution No. 105-09—Change Order. A motion was made by Bartiey, seconded by Thorpe, to approve Resolution No. 105-09,A Resolution Authorizing Change Order (CCO#3) for 2008-09STI Rio Grande, Napa Valley,and Cumberland Court Pxoject (Rounds Construction). All present voted yes;motion carried. Resolution No. 105-09 A Resolution Authorizing Change Order No. 3(CCO#3) for 2008-09STI Rio Grand, Napa Valley& Cumberland Court Project,Rounds Construction Be It Resolved by the City Council that the following change order be allowed for 2008-09STI Rio Grand,Napa Valley&Cumberland Court Project: Construction Change Oxder Number 3: Adjust contract for additional work for asphalt patching, coring sanitary sewer manholes, boring 8"water line,roadway shaping, and live water tap for an increase of$15,192.10 to the contract. TABLED Resolution No. 106-09—Change Order. A motion was made by McClemans, seconded by Whaley,to TABLE Resolut'ton No. 106-09,A Resolution Authorizing Change Order (CCO#4) for 2008-09STI Rio Grande,Napa Valley,and Cumberland Court Project (Rounds Construction) to the November 17, 2009 City Council meeting. All ptesent voted yes to TABLE; motion carried. 1g`Readin�—Ordinance No. 27-09. First reading was held on Ordinance No. 27-09,Budget Amendment#2, an Ordinance Authorizing a Supplemental Appxopriation to the 2009 Budget for the Purpose of Providing for Additional Funds for the Operation of the City. Public Hearing.• November 17, 2009 1$`Reading—Ordinance No. 28-09. First reading was held on Ordinance No. 28-09,an Ordinance amending the Zoning Ordinance of the City of Brookings and pe+��+n+ng to Off-Stxeet Parking Requirements for a two-family dwelling for the purposes of administration of the Zoning Ordinance. PuGlic Hearing.• November 17, 2009 1S`Reading—Ordinance No. 29-09. First reading was held on Ordinance No. 29-09, an Ordinance amending the Zoning Orclinance of the City of Brookings and pertaining to Emergency Sexvices as a perinitted use in certain business and industrial districts for the purposes of administration of the Zoning Ordinance. Public Hearing.• November 17, 2009 Ordinance No. 25-09. A motion was made by Whaley, seconded by McClemans, to approve Ordinance No. 25-09, an Ordinance Amending Article V. of Chapter 2 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to Human Rights Committees. No public comment was made. All present voted yes;motion carried. 48 � Ordinance No. 26-09. A public hearing was held on Ordinance No. 26-09, an Ordinance to change the Zoning witivn the Joint Jurisdictional Area surrounding the City of Brookings. No public comment was made. A motion was made by McClemans, seconded by Kubal to approve. All present voted yes; motion carried. Resolution No. 107-09. A public hearing was held on Resolution No. 107-09;a Resolution Levying Assessment for Assessment Project 2008-03STA, Downtown Streetscape Project. No public comment was made. A motion was made by Kubal, seconded by Thorpe, to approve. All present voted yes;motion carried. Resolution No. 107-09 Levying Assessment for Street Assessment Project No. 2008-03STA Downtown Streetscape Project Whereas,The City Council has provided for the following work to be completed undgr Project No. 2008-03STA. (Downtown Streetscape Project) Be It Resolved by the City Counci.t 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 determined that the amount which each lot or tract will be benefited by the construction of the street improvement heretofore designated as Street Assessment Pxoject No. 2008-03STA is the amount stated in the pxoposed assessment roll. 2. The assessment for Street Assessment Project No. 2008-03STA is hereby approved and the assessment therebp specified are levied against each and every lot,piece or parcel of land thereby described. 3. The assessment shall be divided into ten (10) equal annual installments for streets. 4. Such assessments,unless paid within thirty (30) days aftex the date of ma.iling of a statement of account by the City, shall be collected by the City in accordance with the pxocedure for Plan One in Sections to 9-43-51, South Dakota Compiled Laws of 1967, as amended. 5. Interest of zero (0) percent per annum shall accrue on the unpaid balance of the assessment. Resolution No. 108-09. A motion was made by Thorpe, seconded by Bartley, to approve Resolution No. 108-09; a Resolution Setting forth the Fines for Paxking Violations duxing Snow Removal in the City of Brookings, South Dakota. All present voted yes;motion caxried. Resolution No.108-09 Resolution Setting Forth the Fines for Parking Violations during Snow Removal in the City of Brookings, South Dakota. Be It Resolved by the Governing Body of the City of Brookings, South Dakota,, that the following Fines shall be effective for the payment of violations of"parking prohibited during snow removal" which are paid thxough the Brookings Police Department within 72 hours of the time of issuance of the parking ticket and also prior to filing of a Complaint with the Clerk of Courts. Paxking Prohibited During Snow Removal: If paid within 72 hours $35.00;if paid subsequent to 72 hours after ticket issuance, and prior to filing of complaint$50.00. Brookings School District Rec�uest for Sidewalk. Brookings School District is requesting sidewalks be installed along 15`'' Street South between Medary Avenue and 17`''Avenue South. Dr. Roger DeGroot, Superintendent of Schools,indicated the highest priority sidewalk is on the north side of 15`'' Street South, from Camelot Drive to the East, to provide a safe sidewalk connection to 17`''Avenue South for the students. Dr. DeGroot said the area is 147 feet in length and a 4'wide sidewalk would cost approximately$2,000. All of the lots have homes with sidewalks in this priority area,with the exception of one vacant lot owned by Blair Hill Properties. The City Council has the authority to order sidewalks to be installed as stated in the current City Ordinance Section 74-182. Scott Hodges, Blair Hill Properties, said he and the other owners support safety of children and the District's xequest;however,noting other vacant lots in town that have gone without sidewalks for years. He further noted that developers are not required to install sidewalks in undeveloped areas. He questioned who would be responsible for maintenance and insurance. He felt it was a big request to ask the developers to install sidewalks where they are not required and also maintain them. Sidewalks would get destroyed when the lot is built. This area isn't even platted. It was clarified that the owner would be responsible to maintain the sidewalk and provide liability insurance and sidewalks could be installed in areas prior to platting. It was noted that this is a recent ordinance change and the City has not enacted this provision before. The property owners and 48 � School District could also reach additional agreements regarding maintenance. Another suggestion was a gravel walkway, but maintenance was still a concern of the developers. The City could also install the sidewalk and assess the work back to the property owners;however, there a�e hearing requirements and that process would take some time. Weldon asked that the City not be made responsible for maintaining any private sidewalks as it would set a dangerous precedence. Hodges reiterated his concern regarding the installation of sidewalks on an undeveloped lot and the likelihood of damaging the sidewalks during construction. He also objected to the owners being responsible for maintenance and liability, citing the request was unreasonable. Dr. DeGroot said the school has sidewalks on all sides with a crosswalk at Camelot. The area under discussion gets too muddy forcing kids into the busy street. He feels a sidewalk only makes sense for the safety of the children and that it's a small request to ask that the students have a safe path. ACTION: A motion was made by Bartley, seconded by Kubal, to order that a sidewalk be installed at property located at 15`�Street South between Medary Avenue and 17`''Avenue South,lega.l description: Lot 2, Block 1,Nelson 4`''Addition (south side of lot as stated pursuant to current city ordinance 74-182.) AMENDMENT: A motion was made by Whaley, seconded by Bardey, to include a deadline of November 16, 2009,weather permitting. On the amendment, all present voted yes, except Kubal voted no,motion carried to amend. On the main motion as amended, all present voted yes, except Kubal voted no,motion carried. Resolution No. 109-09. Public hearing was held on Resolution No. 109-09;a Resolution Annexing the North 1,580 feet of the East'/2 of the NW'/4 of Section 2-T109N-RSOW, excluding Lot C, Christie Addition and Oudots A, 1A, B, and 1B of the NW '/4 of Section 2-T109N-R50W. A motion was made by McClemans, seconded by Kuba1, to approve. All present voted yes;motion caxried. Resolution No. 109-09 Whereas, The City of Bxookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex conti.guous territory upon receipt of a written petition, desctibing said territory sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory,and Whereas,The City of Brookings desires to annex the following described property,to wit The north 1,580 feet of the east '/Z of the NW '/4 of Section 2-T109N-R50W, excluding Lot C, Christie Addition and Oudots A, 1A,B,and 1B of the NW'/4 of Section 2 T109N-RSOW,and Wherea.s,The aforesaid land is contiguous to the present boundaries of the City of Brookings,and Whereas, The City of Brookings has received a Petition for Annexati.on of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less than three-fourths (3/4) of the legal voters residing in said territory,now therefore Be It Resolved by the City of Brookings, South Dakota that the property described above is hereby annexed to the City of Brookings. Presentation on�ro�osed McCrory Gardens Visitor Center. Representatives of South Dakota State University provided an in-depth presentation of the pxoposed McCrory Gardens Visitor Center project. The University submitted a subsidy funding request to the City in the 2010 budget cycle last June. The following is a summary of the PowerPoint presentation given by Dr.Laurie Stenberg-Nichols, SDSU Provost. McCrory Garden.r har a tripartite mis.rion: >) Outdoor Teaching Laboratory. McCrory Garden.r is accessed by SDSU Cla.cce.r, the SD Cooperative Exten�ion Seruice'r Ma.rter Gardenerpmgram, Pre-K through 12 educational opportunitie.r, a.r well a.r public education and continuing education for the people of Brooking.r and,rurrounding area. 2)Ke,rearch. P�nfe.r.ror McCrary, avhom the garden.r are named after, envi�ioned in 1966 a re.rearch garden to di.rplay tree.r, .rhrub.r,gra.rse.r and fZou�err tbat svere or could be, a j�art af South Dakota'.r land.rcape. Thi.r i.r the heart of the 487 research mi.r.rion. 3) Outreach and patron con.rideration.r. Continue to have collaboration�vith the mu.reum.r to help Brooking.r be a�le.rtination. They have betaveen 40-60 active volarnteer.r maintaining the Garden.r for tl�e approximate 6,000 to 8,000 annual vi.ritor.r. lYlith a center located here, it avould open up the opportunity to ho.rt conference.r and other event.r F�e.ride,r the reception.r, zvedding�; and retreats svhich currently take place. SDSU is reguesting a one-time con,rtruction reqare.rt in the amount of�'1 million from the citygeneral fund. This avould cover 28% of the�'3.55 million project and be applied to the public.r�ace.r of the project;the great hall and lobby areas. Architect's rendering.r of the propo.red building avere shosvn. The center ivould be located on the ea.rt.ride of the garden.r, north of the perennialgarden.rection, zvith an entrance o�of 22"aAvenue near the current auxiliary entrance. The building,ritie i,r approximately �0,444,rquare feet. Project e.rtimate.r for the initial facility i,r�'3.55 million;8,670.rquare feet for agreat hall, lobby, re.rtroom.r, and o�ice.r. Thi.r zvould also include.rite development urith utilitie.r and a parking lot. A gateivay de.rign svould be located at 6'�Street and 22"dAvenue zvith the entrance off of 22"dAvenue. The propo.red e.�anded facility aa�ould increa.re the project co.rt to,�'S.S million;adding an additional>,774.rquare feet for tsvo (2) conference room.r. Thi.r svould al.ro include an additional parksng lot further raorth of the pmposed site, a Soarth Platia, and a Children'.r Garden. Project funding. SDSU ha.r a lead gift of,81.5 million. Thi.rgift include.r the initial concept development u�ork through the SDSU Foundation svhich advance.r theproject more a�res�ively than originally j�roposed. The SDSU Founclation i.r avorking aggres.rively, along zvith the Friend.r of McCrory Garden.r, to raise bet�veen,B'� to,�'3 million in private funding to be pre.rented a.r matchirtg fund.r zvith the lead g ft. In conclu.rion, the McCrory Garden.r Visitorr Center svould benefit SDSU and the Bynoleittg.r ar�a in providing an outdoor events venue unique to Brooking.r. It�vould be an amenity building Brooking.r a.r a creative community, and making Brooking.r a destination location forpatran.r of all age.r Council Discussion: Bartley asked if this funding request was for the 2011 budget process or was it a budget amendment request. Dr. Nichols said this pxoject will require Board of Regent and Legislative approval. The deadline for the Regents is December 1S`. If the university misses this deadline, the project will be delayed a yeax. Mayox Reed noted the private donor has assisted with other city projects,including providing upfront funding allowing the citq to make no interest payments, had made the same offer for this project. This was done for the aquatic center project and final payment on that loan is expected in 2014. Weldon noted the university's subsidy application indicated construction in 2011 with a 2012 opening. He asked if that schedule has been changed. Dr. Nichols said yes,the timeline has been accelerated at the request of the donor. Ba.rdey questioned if the Council could encumber future budgets and councils with a loan request. Britzman said yes, the City would enter into a promissory note with the donor. Bartley asked if the loan could be structured to not commence or have interest incur on this pxoject until the aquatic centex loan was Yepa.id. Yes, that option could be e�lored and structuxed like any other loan with terms not to exceed 10 years. It was noted that this facility would compete with other private and city facilities. The Council would need to know more details to better undeYStand the project's impact on the city's plans. Dr. Nichols noted that the Boaxd of Regents Yequires all funding commitments in place before moving forward on a project. Howevex, a funding commitment does not mean cash on hand,but rather a pledge. There was consensus to add this issue to the November 17`''agenda. In the meantime, City Council members wete asked to email the City Manager with their questions so the information could be gathered and provided at the meeting. Development of a usage agreement similar to other city/university projects was suggested. 48 � Change Orders. It was noted, that until further notice, all change order action items would be on the regular agenda and no longer be on the consent agenda. Executive Session. A motion was made by Kubal, seconded by Whaley, to enter into executive session for purposes of consulting with legal counsel/reviewing communications about pending contractual matters at 7:43 p.m. with the City Attorney, City Manager, and City Clerk present. A motion was made by Whaley, seconded by Bardey, to e�cit executive session at 8:02 p.m. Adjourn. A motion was made by Kubal, seconded by Thorpe, to adjourn. All present voted yes; motion carried. Meeting adjourned at 8:05 p.m. CITY OF BROOKINGS \�ooa9...C�ly ATT �1': '"�o•.°� Tim Reed,Mayor n� P•U� �: �m� :O • w�p a:0 G�. �?� / `//�/� Shari Thornes, City Clerk .