HomeMy WebLinkAboutCCMinutes_2005_11_22 4
Brookings City Council
� . Tuesday, November 22, 2005
The Brookings City Council held a work session on Tuesday,November 22, 2005 at 4:00 p.m.,
at City Ha1i with the following members present: Mayor Scott Munsterman, Council Members
Tom Bezdichek,Michael Bartley, Julie Whaley, Ginger Thomson,Tim Reed, and Michael Reitz.
City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were
also present.
Airport Presentation: On November 7 and 8, several Brookings representatives attended a
FAA seminar in Aberdeen. The Mayor, Council members, and city staff inet with FAA and state
representative to discuss Brookings current airport situation and the draft letter to the FAA.
They came away from that meeting understanding the letter needs modifying to include short
tenm compliance issues. Revisions to the letter are currently being prepared.
Long term requirements of the airport are also an issue. As the group discussed the site selection
and feasibility study process,the F.AA representatives were surprised to learn that the discretionary
funding was not being offered for that project.
The long term options fox the Brookings Airpoxt xemain the same. One option is to stay in the
same location which would require purchase of land in the RPZ and realignment of the runway.
That option would leave the airport landlocked,but solves the RPZ issue. With respect to recent
xailroad developments, there may be a new realignment alternative that could be helpful. The
airport could also be moved which would remove restrictions and provide a longer runwap,but at a
higher cost.
The Council was informed of grant assurances going back to 1940 that the Ciry is obligated under.
Thirty-seven grant assurances were presented at the Abexdeen seminar. Some are minimal;however,
others are very important to considex and need some direction from the Council in the futuxe so
that the city staff can deal with pending requests.
Patrick Dame, Brookings Airport Manager,highlighted a few of the grant assuxances for the
Council. There was a general discussion on grant agreements. A city enters an agreement to receive
federal funds. In oxdex to receive and use these funds the city must agree to abide by their nzles.
■ As.curance#S P�.rerving�Kaight.r and Power.r. Preservation of rights and powers is generally done
through ownership of the land thxough easements. They recommend cities own land and
buildings contained on the airport grounds in order to control their use. The local practice of
private individuals owning their buildings on the airport may have begun in the 1940s or SOs
when original agreements were not interpreted in the same manner as today. If the city opts to
move the current airport propexty they would have to buy out building owners. However,if the
city owned all the buildings it makes moving easieY because all buildings are controlled. If a new
airport were constnzcted the city would offer various hanger sizes. Other spaces would be
constnzcted based on specific business's aircraft needs. It was clarified that the FAA will not
fund any poxtion of structures because these are revenue generating items. They will only fund
the purchase of land.
F.AA grant assutances also prohibit the storage of non-aixcraft items at a municipal a,irport;
however, there are items such as boats in Brookings Airport hangers. The City could be denied
future FAA funding fox a ta�-way based on this non-compliance of the rules.
• Grant�ssurance#19 O�ieration and Maintenance. This assurance mandates that the city will operate
the airport in a safe and serviceable condition and will not allow activities or actions that
interfere with the use for airport purposes. Any special events, such as the annual car show,can
not close the airport from aexonautic use. The airpoxt manager is to remain onsite duxing these
events and is required to be compensated. Any runway/taxiway rubber removal must also be
compensated.
■ GrantAs.curances#20 Ha�ard Aemoval and Mitigation and#29 Combatible Land Use. The City is
responsible to assuxe a.irspace is cleated and protected by removing existing hazards and
preventing future hazards. Brookings wants to ensuxe that the best attempts are being made to
xemove any obstacles in the safety zones to the best of its abilities. Common hazards include
trees, cell phone towers,radio towers,and buildings. The solution is to work with the Planning
Coxnmission to limit structures and activities that cause and create hazards.
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■ GrantA.rsurance #22 Economic Nondi.ccrimination and#23 Exclu.rive Kzght.r. State that the ciry agrees
not to discYiminate aga.inst any uses of the airport, as long as they aYe aeYOnautical uses.
However,remote control airplanes,balloons, and motorized hang gliders can be regulated.
In the case of individuals fueling their own aircraft, the ciry can't disallow the fueling,but can
stipulate them to follow specific guidelines. The City doesn't own the fuel trucks, only the tanks.
■ GrantAssurance #24 Fee and Aental Structure. The FAA's goal is that the airport be as self-
sufficient as possible. The fees for land and building rental should come as close as able to pay
for the airpoYt budget. Right now Brookings only covers 1/20 of the airport budget with fees
and rentals ($6000-8000/year). The Brookings rental rate is 8 cents per square foot. Watertown
is 13 cents and Huron is 12 cents.
■ GrantAs.rurance#29 Air�ort Lavout Plan. Cities are required to keep a master pla.n which is what
the city is currently working on. There are many agencies the city will be required to work
through for land purchases in any land condemnation process and land release process. Since
the FAA has financially contributed to the current airport,it will control and approve any
releases. It doesn't matter if the FAA bought all the land or one square foot. Any land releases
are subject to FAA approval.
Alan Lanning,City Manager, summarized that the Council needs to address in the future the issue of
non-aircraft items at the airport,private veYSes public hanger ownership, and charging proper fees.
Reed asked how the airpoxt board is involved in the gYant assurances. Lanning said the airport
boaxd is puxely advisory and the responsibility lies with the City Manager and Ciry Counc,il. That is
why he is seeking enforcement guidance from the Council.
Lanning noted that some individuals want to build their own hanger and they can at their own cost.
Bezdichek questioned that without any oxdinance or code, the Council can't decide that no more
hangers will be xeimbuxsed. Lanning said the Council as the owner of the land can establish any
policy deemed appropriate. Bezdichek wozried that during the decision making process businesses
and projects at the airport could be stifled. Lanning said that is why city staff was seeking direction
from the Council.•If the airpor.t is moved, do you want to pay for it in the futuxe? Relocation that
will cost$10M, adding another$2M to relocate private hangars. If the Council is prepared to do
that,that is fine. City staff needs direction. His advice for anyone wanting to build a hanger fxom
this day forward is that they build at their own risk due to the uncextainty of the future.
Lanning noted that no dollar value has been assigned to the hangex relocation because it hasn't been
studied. Some hangers axe nice and could be moved, others should be torn down. This will be
evaluated if the city decides to build a new airport.
� Bartley said he doesn't want to discourage anyone from building hangers right now. He questioned �
who would pay to move the new fire building and fencing. Assistance might come from FAA.
Those axe safety issues to be addressed when and if the airport is moved.
Lanning clarified that the FAA would prefer that the city own all buildings and land. If the City
Council concurs, the city will purchase all existing hangers.
Air�ort Funding P%�o,ral. Lanning said the city is at its edge with respect to sales tax assumuig growth
continues at the current rate. Bonding is close to the maximum coverage ratio. Any future laxge
scale projects are very limited. Moxe funds will be available in 2013 when the series bonds are
retired and in 2021 when the fuTl second penny sales taxes are available. How will the airport
improvements be paid for? Lanning suggested another way to fund the a.irport could be through a
County Transportation District. He reviewed the following funding scenarios for discussion
purposes. MembeYS of the County Commission were also invited and in attendance for this portion
of the meeting. Such a transportation district would almost double the ability to fund airport.
Undex this scenario the city and County would create a special Brookings County Transportarion
Authority District composed of a new quasi governmental boaxd appointed jointlp between citp and
county. It could pYOVide long term solutions to the airport funding issue and the transportation
issue.
The question was asked if the ciry would offer a right of first refusal on properties in the RPZ zone
before those properties change hands again. That is an option. All properties would have to be
purchased with city funds. This would be in excess of cost of relocating the runways and must be
able to make improvements to airport.
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Lanning said there are compliance issues to be dealt with and the site selection study is part of that
process.
Joseph Oye,local pilot,said lowering the ILS minimurns will eliminate several flight days and times
that are needed to maintain business. Bartley said he has asked for that data and hasn't received it.
This data would clarify how many landings and departures would be affected by lowered minim�s,
Dame said the consultant is working on those statistics,but it will take 6 months to a yeax to gather
the data.
Jim Jones,Jr.,Big Sioux Aviation said his family has made a significant investment in their business
at the BrooJiings airport. He said Brookings flight numbers are up to 25,000 per year due to the
flight school and are increasing. Corporate traffic will also increase.
City Council Meering�6:00�.m. The Brookings City Council held a meeting on Tuesday,
November 22,2005 at 6:00 p.m.,at Ciry Hall with the following members present: Mayor Scott
Munsterman,Council Membexs Tom Bezdichek,Michael Bartley,Julie Whaley, Ginger Thomson,
Tim Reed,and Michael Reitz. City Manager Alan Lanning,City Attorney Steve Britzman,and City
Clerk Shari Thornes were also present.
Consent Agenda. A motion was made by Thomson,seconded by Reed,to appxove the consent
agenda. Amendments: A motion was made by Munstexman, seconded by Bartley, to add action to
the consent agenda authorizing.the Mayor to sign environmental documents for the Reseatch Paxk
EDI Grant. All present voted yes;motion carried. A motion was made by Reed, seconded by
'Thomson,to remove Resolution No. 96-OS from the consent agenda for further discussion. All
present voted yes;motion carried. A motion was made by Munsterman, seconded by Whaley,to
change the wording on Resolution No. 95-05 to be$10,000 per acre and wetlands at no costs. All
present voted yes;motion carried.
A. Adoption of the agenda as amended.
B. Authorization for the Mayor to sign a requesting an Economic Development
Initiatives Special Projects grant be for the City of Brookings be designated to the
South Dakota State University Growth Partnership Research Park(B-05-SP-SD-0276)
and action to authorize the to Mayor signing environmental documents for the
Research Park EDI Grant.
C. Action on Resoludon No. 93-05, a Final Change Order for P3334(00) PCN H013
Orchard Drive Asphalt Surfacing and Pavement Marking Project.
RESOLUTION NO.93-05
A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR
P3334(00)PCN H013 ORCHARD DRIVE ASPHALT SURFACING AND PAVEMENT
MARKING PROJECT
BE IT RESOLVED by the�City Council that the following change ordex be allowed for P3334(00)
PCN H013 Oxchard Drive Asphalt Surfacing and Pavement Marking Project
Construction Change Order Number 1 Final. Adjust estimated quantities as"as build"for a total
decrease of�35,62527.
D. Action on Resolution No. 94-05, a Final Change Order for 2005-07STA Alley
Assessment Project.
RESOLUTION NO.94-05
A RESOLUTION AUTHORIZING FINAL CHANGE ORI)ER(CCO#1 FINAL)FOR
PROJECT 2005-07STA ALLEY ASSESSMENT PROJECT
BE TT RESOLUED by the City Council that the following change order be allowed fox 2005-07STA
Alley Assessment Pioject: Construction Change Order Number 1 Final. Adjust estimated quantities
as"as build"fox a total decrease of$2,928.04.
E. Action on Resolution No. 96-05,A Resolution Authorizing Change Order(CCO#1)
For ARFF/SRE Building,Mills Construction Inc., Brookings, SD. REMOVED
FROM CONSENT AGENDA.
F. Action on Resolution No. 97-05, in support of a City of Brookings grant application
for the Preserve America program.
RESOLUTION NO.97-05
PRESERVEAMERICA GRANT APPLICATION
WHERFAS, Preserve America is a White House initiative to encourage and support community
efforts for the preservation and enjoyment of our priceless cultural and natural heritage;and
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WHEREAS, The goals of the uiitiative include a greater shared knowledge about the Nation's
past,strengthened regional identities and local pride,incxeased local participation in preserving the
counuy's cultural and natural heritage assets,and support for the economic vitality of oux
communities;and
WHEREAS, On November 9,2005,the City of Brookings xeceived an Award fxom the
Advisory Council on Historic Preservation,named as one of 28"Preserve America"communities in
recognition for its dedication to protecting and celebrating communiry heritage;and
WHEREAS, The Bxookings City Council believes the official designation of Bxookings as a
Pre.rerveAmerica Community will improve our communiry's ability to protect and promote its historical
resources.
NOW,THEREFORE,BE IT RESOLVED,That the Brookings City Council is in fizll support of a
Fiscal Year 2006 Pre.re�veAmerica grant application.
G. Action on Resolution No. 75-05, a resolution to convey 0.64 acres of land from the
City of Brookings to the Brookings Economic Development Corporation for$7,500.
RESOLUTION NO.75-05
A RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
BROOHINGS ECONOMIC DEVELOPMENT CORPORATION,INC.FOR ECONOMIC
DEVELOPMENT PURPOSES
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota as follows:
WHEREAS,the Brookings Economic Development Corporation,Inc.desires to purchase
approximately 0.64 acres of real properry located in the Wiese Addition to the City of Brookings,
South Dakota,for a price of$7,500,and
WHERF.AS,for the expxess purpose of f�thering economic grourth and development of the City of
Bxookings,South Dakota the Brookings Economic Development Corporation,Inc.agrees to sell,
convey or othexwise transfer said properry to a legal entiry which is,or will be,conducting business in
the City of Brookings,South Dakota,and
WHEREAS,it is in the best interests of the Ciry of Brookings that the Ciry provide its economic
development assistance in this mattex to aid and assist with the completion of the afozesaid
transaction which will further economic development in the City of Bxookings;and
WHEREAS,the City is authorized to entex into this txansaction as an economic development activity
under the laws of the State of South Dakota;
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Biookings,
South Dakota,as follows:
A. That the City convey tide to the above-described properry to the Brookings Economic
Development Corporation,Inc.for sale of the above-described properry to South Dakota
Newspaper Association;and
B. That the Mayor,City Clexk and Ciry Manager are authorized to execute the xequiued documents
in accordance with this Resolution.
H. Action on Resolution No. 95-05, a resolution to convey 22 acres of land from the City
of Brookings to the Brookings Economic Development Corporarion for$10,000 per
acre except$0 per acre for wetland areas.
RESOLUTION NO.95-05
A RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
BROOKINGS ECONOMIC DEVELOPMENT CORPORATION,INC.FOR ECONOMIC
DEVELOPMENT PURPOSES
BE IT RESOLVED by the Ciry Council of the City of Brookings,South Dakota as follows:
WHEREAS,the Bxookings Economic Development Corporation,Inc.desires to purchase
approximately 22 acres of real property located in SW'/<of the SE'/.of Section 30,Township 110N,
Range 49W in the City of Brookings,South Dakota,fox a price of$10,000 per acre,and wedands at
no cost,and �
WHEREAS,for the express purpose of furthering economic gxowth and development of the Ciry of
Brookings,South Dakota the Brookings Economic Development Corporation,Inc.agrees to sell,
convey or otherwise transfer said propexty to a legal entity which is,ox will be,conduct'tng business in
the City of Brookings,South Dakota,and
WHEREAS,it is in the best interests of the City of Brookings that the City provide its economic
development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Brookings;and
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WHEREAS,the City is authorized to entex into this transaction as an economic development activity
under the laws of the State of South Dakota;
NOW THEREFORE,IT IS HEREBY RESOLVED by the Ciry Council of the City of Brookings,
South Dakota,as follows:
A. That the City convey tide to the above-described pxoperty to the Brookings Economic
Development Corporation,Inc.fox the purposes of fizrthering economic growth and development of
the Ciry of Brookings,South Dakota;and
B. That the Mayox,City Clerk and City Manager are authorized to execute the required documents in
accoxdance with this Resolution.
All pxesent voted yes;motion carried.
Res�lution No. 96-05—Change Order on ARFF Building. A motion was made by Bartley, seconded
by Thomson, to approve Resolution No. 96-05. Di.ccu.rsion: The City Attorney indicated that there had been a
question whether or not the change order could be made con.ristent rvith bid law requirement.r. It was determined that there i.r a
.rtate statute that permit.r minor change order.r lvithout requirement of bidding. The pmposed change order would be acceptable.
All present voted yes;motion caxried.
RESOLUTION NO.96-05
A RESOLUTION AUTHORIZING CHANGE ORDER(CCO#1)FOR ARFF/SRE
BUILDING-MILLS CONSTRUCTION INC.,BROOHINGS,SD
BE IT RESOLVED by the City Council that the following change order be allowed foz ARFF/SRE
building: Change Order Numbei 1. Mills Construction,Inc.will complete the site pieparation
required to construct the ARFF/SRE Building,as an addition to their work schedule. Adjust base bid
for Aircraft Rescue and Fire Fighting Bwlding to include site preparation for a total increase of
;24,G33.
Ordinance No. 35-05—Conditional Use. Introduction and first reading was held on Ordinance No. 35-
05,pertaining to an Application for a Conditional Use for a major home occupation (single-cha.ir beauty
salon) in the Residence R-2 District,Lot 12,Block 1, Camelot Square Addition. A motion was made by
Whaley, seconded by Thomson,to apptove Ordinance No. 35-05. All present voted yes;motion carried.
Public hearing scheduled for December 13,2005.
Off-Sale Malt Beverage License—Hy-Vee Convenience Store. A public hearing was held on an
on/off sale malt beverage license application for the Hy-Vee Convenience Stoxe. A motion was
made by Whaley, seconded by Reed, to approve the application. All present were given an
opportunity to be heard. All pxesent voted yes;motion carried.
Brookings Mall Lease Agreement. A motion was made by Thomson, seconded by Whaley,to
authorize the city manager to enter into a lease agreement for leased space at the Brookings Mall.
Di.ccu.rsion: I.arrning.raid city u�ould enter into a 10 year lease agreement�vith the Bmokings Mall with the ability to
sublease,rpace. Kent'would not begin until po.cse,r,rion and the czty ha.c 150 day.r to complete the urork. The city will
receive an abatement rent.rix month.r after po.r.re.r.rion.
Mike McClemans discouraged the Council fmm lea�rring.rpace and que.ctioned the liquor sto�z.rak.r pmjection.r.
. All present voted pes, except Munsterman and Reed voted no;motion carried.
Ad,journ. A motion was made by Reed, seconded b Thomson, to adjourn. All present voted yes;motion
carried. Meeting adjourned at 6:22 p.m.
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