HomeMy WebLinkAboutCCMinutes_2006_02_14 54
Brookings City Council
February 14, 2006
The Brookings Ciry Council held a meeting on Tuesday,February 14,2006 at 5:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,
Michael Bardey,Julie Whaley,Tim Reed,and Michael Reitz. Council Member Ginger Thomson was
absent. City Manager Alan Lanning, City Attorney Steve Britzman,and City Clerk Shari Thornes
were also present.
5:00 P.M. WORK SESSION
February 14`h Agenda. The City Manager responded to questions pertainuig to the action items on
the agenda.
City staff introduces u�coming tQpics for future agendas.
Rural Air Service Grant Ou�ortunitv. The City has been contacted by Dick Edenstrom,
Executive Director,First District Association of Local Governments,regarding a grant opportunity
through the U.S. Depaxtment of Transportation. The USDOT is inviting communities to apply for
an Air Service Grant under a program designed to support small towns and cities working to
improve their airline service. First District has offered to write the grant at no cost to the city.
There is no match xequirement for this grant. Funds can be used to help promote the aixline and try
to impxove services. Only 3 can be issued to any one state in a one year. There is $10M available
for 40 applicants with a grant maxirnum of$250,000. Due date is Apri17�'.
Patrick Dame,Airport Manager,clarified that the funds could only be used to impzove airline
service xelated to promotional, scheduling, service delivery and information and not mechanical
improvement.
ACTION: A motion was made by Reed,seconded by Whaley,to authorize city staff to pursue the
grant application as they see fit. All present voted yes, except Bezdichek voted no,motion carried.
Review of Sunday Sales Ordinance. Karl Steege requested a review of the Sunday Sa1es
Oxdinance be placed on a future agenda fox discussion. He xecommended the Council consider a
revision of Sunday Sales Law for on and off sale malt beverages to bxing the city ordinance in
accordance with state law. State law allows for on sale malt beverages to be sold 7 days per week
xegaxdless of the business size or food sales or capability. Offering Sunday Sa1es of malt beverages
would generate some additional oppoxtunities for the community and moxe revenue fot the city. He
distributed a handout that illustrates when the different types of alcohol beverage establishments can
be open according to state law. He noted that business with an on-off malt beverage license can be
open on Christmas and Memorial Day. Liquor establish.ments are the only ones not able to be open
those two days.
In Brookings, sale of beer is already allowed on Memorial Day,Christmas and every Sunday with
off-sale. His main concern is the oxdinance was modified to attract tournaments,conventions,
baseball tournaments, and other events to town. He wants the ordinance to be further modified to
allow malt beverage sales on Sundays enabling businesses to attract pool and datt tournaments and
live entertainment. He said more needs to be done to encourage all businesses to be open 7 days a
week.
Bezdichek asked if a certain level of xevenue from food sales was needed to be open Sunday. Steve
Britzman, City Attorney, said no,not for malt beverage sales. State law allows for on and off sale
malt beverage establishments to be open Sundays without food.
ACTION: A motion was made by Bezdichek, seconded by Reitz,to place this item on a future
agenda for discussion. All present voted yes; except Munsterman voted no;motion carried.
Review of Video Lottery Ordinance.
Garner Hansen requested a review of the local video lottery ordinance that limits the number of
licenses in Brookings. He noted that his bar,Main Street Pub,is the only bar without a video lottery
license.
ACTION: A motion was made by Reed, seconded by Reitz, to request the city attorney reseaxch
this topic. All present voted yes;motion carried. The Mayor requested the item be placed on a
55
work session agenda. The Feb. 28�' agenda is full, so the item will be scheduled for the 5:00 p.m.
meeting on March 14`�'.
February 28`h Agenda Briefing. Shari Thornes,Brookings City Clexk,provided a briefing on the
future agenda items.
Council Invitations. Thornes reviewed the City Council's upcoming invitations and obligations.
City Council Introduction of Topics for Future Discussion.
Cam�aign Finance. Munsterman requested the City Council consider the adoption of a local
campaign finance oxdinance. A motion was made by Bezdichek, seconded by Reed, to place the
topic on an agenda. for discussion. All present voted yes;motion carried.
USDSU Ex�ansion. Bezdichek asked the City Council to take a position about the proposed"7�'
Univexsity" (USDSL� that is proposed for Siou�c Falls. The Council agreed to add the topic to the 6:00 p.m.
session.
6:00 P.M. CITY COUNCIL MEETING.
Consent Agenda: A discussion regarding the proposed USDSU expansion was added as 17A and an
executive session to discuss pricing strategies was added as 17B. A motion was made by Bardey, seconded
by Reed, to approve the consent agenda which included:
A. enda. Council Agenda as amended with the addition of USDSU expansion and an
executive session.
B. A�,pointments. Action to appoint Kelley Jean Tilmon to the Brookings Human Rights
Committee (01 f 01 j0'� and Jerry McCollough to the Bxookings Historic Preservation
Commission (01/01/09).
C. Resolution No. 14-06. Action to apptove Resolution No. 14-06,an Agreement for
Purchase of a 3/4 ton Pickup for the Solid Waste Fund.
RESOLUTION NO. 14—06
AGREEMENT FOR PURCHASE OF A'/.TON PICKUP
FOR THE SOLID WASTE FUND
Whexeas,the City of Brookings Solid Waste Department has a need fox a Pickup to assist in the work
at the landfill and
Wheieas,the Ciry of Brookings would puxchase the pickup off of the state bid proposal with Solid
Waste Funds.
Be It Resolved by the City of Brookings,South Dakota,that the Ditector of Solid Waste be
authorized to sign an a�eement for the puxchase of a 2006'/.ton extended cab,short box,4x4
Chevxolet,Silverado pickup,fox the amount of$21,195.00.
D. Abatement. Action on abatement request#06-02 for$3,369.08 by Kevin Ohm for Lot 3,
Block 2,D&D Addition.
E. Abatement. Action on abatement request#06-03 for$528.04 by David Olson for Lot 1
excluding the east 5 feet thereof of Block 4 Morningside Addition.
F. Abatement. Action on abatement request#06-06 for$1,889.30 by Fixst Lutheran Chuxch
for OL S of Section 23-110-50.
G. Abatement. Action on abatement request#06-08 fox$291.36 by Holy Life Tabernacle,
Inc. for OL 5, Subdivision of NE1/4, SW1/4,Section 35-110-50.
H. Abatement. Action on abatement request#06-09 for$969.96 by Onsite Service Inc. for
East 30' of Lot 6,West 20' of Lot 7,Block 5,Pleasant Hill Addition.
I. Resolution No. 15-06. Action on Resolution No. 15-06 authorizing the transfer of real
propexty to the Brookings Economic Development Corpoxation, Inc. for economic
development purposes.
56
RESOLUTION NO.15-06
A RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
BROOKINGS ECONOMIC DEVELOPMENT CORPORATION,INC.FOR ECONOMIC
DEVELOPMENT PURPOSES
BE IT RESOLVED by the City Council of the City of Bxookings,South Dakota as follows:
WHEREAS,the Brookings Economic Development Corporation,Inc.desires to:
A. Puxchase approximately 26 acres of xeal property located in Telkamp Addition to the City of
Brookings,South Dakota,fox the price of Ten Thousand Dollars&zero cents(�10,000.00)per acxe,
and
B. Hold for future industrial development and expansion an adjacent approximately ll
acre parcel of real property fox a period not to exceed ten years,and
WHEREAS,fox the express purpose of furthering economic growth and development of the City of
Brookings,South Dakota the Brookings Economic Development Corporation,Inc.agxees to sell,
convey oi othexwise transfer said pioperty to a legal entity which is,or will be,conducting business in
the City of Brookings,South Dakota,and
WHEREAS,it is in the best intetests 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 furthex econoxnic development in the City of Brookings;and
WHEREAS,the City is authorized to enter 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 City Council of the City of Brookings,
South Dakota,as follows:
A. That the City convey tide to,and hold,the above-described propexty to the Brookings
Economic Development Corporation,Inc.foc the purposes of fuxthering economic growth and
development of the City of Brookings,South Dakota;and
B. That the Mayor,Ciry Clerk and City Manager are authorized to execute the required documents in
accordance with this Resolution.
J. Resolution No. 16-06. Action on Resolution No. 16-06 authorizing the transfer of real
property to the Brookings Economic Development Corporation,Inc. for economic
development purposes.
RESOLUTION N0.16-06
A RESOLUTION AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
BROOI�NGS 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 Corporarion,Inc.desires to purchase
approximately 15 acres of real propexty located in Telkamp Addition to the City of Bxookings,South
Dakota,for the price of zero dollaxs(�0)per acre,and
DUHEREAS,for the express purpose of furthering economic growth and development of the City of
Brookings,South Dakota the Brookings Economic Development Corporation,Inc.agrees to sell,
convey or otherwise transfer said property to a legal entity which is,or will be,conducting business in
the City of Bxookings,South Dakota,and
WHEREAS,it is in the best inteiests of the City of Brookings that the City provide its economic
developmex�t assistance in this mattex to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Bxookings;and
WHEREAS,the Ciry is authorized to enter into this transaction as an economic development activitq
under the laws of the State of South Dakota;
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Brookings,
South Dakota,as follows:
A. That the City convey tide to the above-described property to the Bzookings
Economic Development Corporation,Inc.for the purposes of fuxthering economic growth
and development of the City of Brookings,South Dakota;and
B. That the Mayor,City Clerk and City Manager are authorized to execute the
required documents in accordance with this Resolution.
57
K. Resolution No. 17-06. Action on Resolution No. 17-06, an annexation xesolution for the
east 650 feet of the S'/z of the NW'/4 of Section 1-T109N-RSOW
RESOLUTION N0.17-06
V(1FIEREAS,The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to anneac
contiguous territory upon xeceipt of a written petition, describing said territory sought to be annexed,
signed by not less than three-fourths(3/4)of the legai voters and by the owner or oumers of not less than
three-fourths(3/4)of the value of said territory,and
WHEREAS,The City of Bxookings desires to anneac the following described property,to wit:the east G50
feet of the S'/2 of the NW'/4 of Section 1-T109N-RSOW
WHEREAS,The aforesaid land is conriguous to the present boundaxies of the City of Brookings,and
Wf-IE,REAS The City of Brookings has ieceived a Petition Fox A.nnexation of Territory signed by the
ownexs of gxeat� than three-fourths (3/4) of the value of the aforesaid pxoperty and by not less than
three-fourths(3/4)of the legal voters residing in said temtory,now therefoie
BE IT RF.SOLVED By the City of Brookings,South Dakota,that the properry described above is hereby
annexed to the City of Brookings.
On the consent agenda,all present voted yes;motion carried.
Resolution No. 1$-06—Lic�uor Operating Agreement. A public hearing was held on Resolution
No. 18-06,authorizing the City Manager to enter into an operating agreement for the
transfer/reassignment of an On-Sa1e Liquor Operating Agreement for the Chevp Lounge,Lot 2,
Original Plat Addition, Ciry of Bxookings, South Dakota, from the Chevy Lounge,Hart Nordbye,
owner, to the Chevy Lounge, Gus T'heodosopoulus, ownet, of Brookings,South Dakota. All
present were given an opportuniry to be heard. A motion was made by Reed, seconded by Whaley,
to approve Resolution No. 18-06. All pYesent voted yes;motion carried.
RESOLUTION NO.18-06
CHEVY LOUNGE OPERATING AGREEMENT
BE IT RESOLVED by the ciry of Brookings,South Dakota,that the City Council hereby approves a
Lease Agreement for the Operating Liquor Management Agreement between the City of Brookings
and Chevy Lounge,Gus'I'heodosopoulus,ownex,fox the purpose of a liquor manager to operate the
on-sale establishxnent ox business for and on behalf of the City of Brookings at the Chevy Lounge.
BE IT FURTHER RESOLVED that the Ciry Manager be authorized to execute the Agreement on
behalf of the City,which shall be for a period of ten years with a renewal in five(5)years.
Malt Bevera�e Transfer—Chevy Lounge. A public hearing was held to transfer an off-sale
alcohol malt beverage for the Chevy Lounge,Lot 2, Original Plat Addition,City of Brookings,
South Dakota, from the Chevy Lounge,Hart Nordbye, owner, to the Chevy Lounge, Gus
Theodosopoulus, owner, of Brookings, South Dakota. All present were given an oppoxtunity to be
heaxd. A rnotion was made by Bardey, seconded by Reed, to approve the transfer. All present
voted yes;motion carried.
Video Lottery—Ch ve�y Lounge. A motion was made by Whaley,seconded by Reed,to appxove a
video lottery license for the Chevy Lounge, Gus Theodosopoulus, owner,of Brookings, South
Dakota. All present voted yes;motion carried.
Growth Partnershi�Research Park Project.
The City Council discussed the funding request made by the Growth Partnership. Lanning
cautioned the Council that this item was not budgeted and provided four different funding options.
He said utilizing second penny sales tax funds that have been set aside for promotional and
economic development purposes was the preferred option. There is sufficient balance to cover
$150,000 request.
Discu.r,rion: Munsterman said four yeaxs ago the City Council started setting aside funds in that
account for this purpose of economic development to include Swiftel Center capital improvements
and the research paxk.
Bartley expxessed concern about$150,000 request was outside of the annual budget process wluch
was completed several months ago. To come after budget is set doesn't work well with our process.
It is difficult to deteYmine where to take the funds and the Council must be careful on resexve
spending. The County Commission has committed$75,000 and he recommended the City do the
58
same. He questioned if they needed that much and suggested othex souxces wexe available to the
University.
Reed said the City has known for several years that funds would be needed for the Research Park,
but didn't know the exact amount. Munsterman corrected Bardey saying the funds are budgeted
and earmarked for economic development. He said the day has axrived and they need the full
amount of$150,000 from the ciry right now.
ACTION: A motion was made by Reed, seconded by Munsterman, to commit$150,000 to the
Growth Partnership Research Paxk project in 2006 using second penny sales tax funds that have
been set aside for promotional and economic development purposes.
AMENDMENT: An amendment was made by Bartley, seconded by Bezdichek, to reduce the
amount to $75,000.
Difcutsion.
Bartley.raid the issue ia thif funding reque.rt is after the fact in the budget cycle. He recommended the Council consider
a policy on funding r�quest.r outside the budget cycle.
Munsterman.raid he would agree that i.r an is.cue u�ith general funds, but this i,c a�quest to use funds finm the
,�'250,000 that ava.r.ret aside for economic development purj�o.ref
Keed.raid it is very important in thi.r initialyear a.r they try to get the Beaearch Park going and the need for.rta�j"zng.
He i.r afraid if it is not funded fully it nridl slorv it dotvn and have to wait anotheryear. Thi.r urill be the bigge.rt
economic development item for u.r for the next S to 10yearr He u�ould hate to�vait one mo�year.
Be�dichek.raid the d�culty i.r our budget i.rgoing down, but the County i.c.ritting with a fairly decent budget and
would be better able to give,�'150,000. The be.rt we can do if$75,000. He believe.r they urill find another,�75,000
from.comewhere el.ce. Every council member i.r 100% behind this p�nject.
Mzrn.rterman.raid ther�are not many ".romewhere el�ef"
Bartley.raid the city if notgoing to ca.rh flow this project for a number ofyear.r If capitad need.r are again,8'150,000
nextyear, the Councid urill be better able to deal urith it if the request come.r during budget pmce.c.r He.rugge.cted the
state needs to contribute more money.
On the amendment,all present voted yes, except Reed and Munsterman,motion passes.
Discusnon: Munsterman.raid the moment ha.r come for the Council to particrpate and the pmgram need.r to be fudly
funded.
On the main motion as amended,all present voted yes,except Reed and Munsterman,motion
passes.
Ordinance No. 01-06—BMU Franchise Cable TV. A motion was made by Bartley, seconded by
Reed, to approve first reading of Ordinance No. 01-06,an Ordinance Granting A Franchise To
Brookings Municipal Utilities,To Construct, Operate,And Maintain A Cable Television System In
'I'he City Of Brookings, South Dakota, Setting Forth Conditions Accompanying The Grant Of The
Franchise;Providing For Regulation And Use Of The System;And Prescribing Penalties For The
Violation Of Its Provisions. All present voted yes;motion carried. Second reading and action is
scheduled for February 28, 2006.
Friends of Baseball Agreement. A motion was made by Bezdichek, seconded by Bartley,to
approve an agreement with the Park and Recreation Board and Friends of Baseball for concession
and advertising rights at city baseball facilities. All present voted yes;motion carried.
Agreement Between City of Brookings, South Dakota
And Brookings Friends of Baseball (FOB)
Background and Purpose of this Agreement
The Friends of Baseball (hereafter FOB)is a Brookings nonprofit organization supporting qouth
baseball. The City of Brookings,by and through the Brookings Patk,Recreation and Forestry
Department; (hereafter"Paxks and Recreation") and the Friends of Baseball maintain a mutually
beneficial working relationship, cooperatively providing baseball facilities and related programs
59
serving the Brookings community. A part of this cooperative effort includes maintenance and
upgrading of baseball facilities in the Bxookings Park System. FOB wishes to continue fund-xaising
through concession sales and advertising for ongoing costs associated with its youth baseball
program and to assist in upgrading of facilities.
Brookings Park and Recreation and FOB now desire to establish a long-term agreement for
concessions and advertising at the baseball facilities and also desires to include permission for FOB
to enter into agreements with advertisex sponsors with such advertising and concession sales to take
place on city park property. Advertising by business sponsors would be permitted under exclusive
display advextising agreements, to be displayed on scoreboards,grandstand,light poles and other
appropriate locations as mutually agreed upon by the paxties to this agreement. In exchange,the
advextisers agxee to provide compensation for these exclusive rights, through separate agreements
with FOB or theix agent. TV and radio bYOadcast rights shall not be included in such display �
adverrising agreements.
The City of Brookings and FOB desire to establish written authorization for the above described
fundxaising activities at Bob Shelden field,youth baseball fields at Dwiggins Medary Park and
Mickelson field at Mickelson Middle School and to provide specific authorization for FOB to enter
into display advertising agxeements. Mickelson Field is a baseball facility built by the city on School
District property.Additionally, the parties to this Agreement desire to establish the responsibility of
FOB to use all revenues derived from these activities for its youth baseball program and equipment
and facility needs at various city park facilities.
Authorization
1. T'he City of Brookings authorizes FOB to opexate food and beverage concessions at Bob
Shelden field,Dwiggins Medary youth baseball fields and Mickelson field. Accordingly,FOB
will provide all food and beverages at its own cost, together with all equipment,utensils and
labor necessary to provide food and beverage concessions. The City is not obligated to provide
any funding, equipment,utensils or labor for these food and beverage concessions.
FOB shall be entitled to retain all revenues from food and bevexage concessions provided the
revenue is used exclusively for its youth baseball related programs or for equipment or Capital
Improvements at Brookings park facilities.
2. The City of Brookings authorizes FOB to sell advertising space and display such advertising at
Bob Shelden Field,Dwiggins-Medary youth baseball fields and Mickelson Field. Such
adveYtising shall be provided in a manner and content acceptable to Patks and Recxeation,
including the Brookings School District for Mickelson Field.The City is not obligated to provide
any funding for advertising display equipment. TV and radio broadcast rights shall not be
included in any display advertising agreements entered into by FOB under this Agreement.
FOB shall be entided to retain all revenues from sale of advertising provided the revenue is used
exclusively for its youth baseball or related programs or for equipment ox Capital Improvements
at Brookings park facilities.
The Undersigned Parties Further Mutuall�,Agree to:
1. Designate an individual from each paxty to coordinate and work with the other party.
2. Each and all of the terms and provisions of this Agreement, and agree to execute any furthex
Agreements and take any and all action necessary in order to perform the respective and mutual
obligations of the parties to this agreement.
3. The parties agxee that the obligations of the paxties will survive the termination of the
Agreement.
Miscellaneous
1. FOB shall,upon dissolution ox wind-up of its activities,prompdy convey all agreements and
personal property located upon and within Bob Shelden Field,Dwiggins Medary youth baseball
fields or Mickelson Field to the City of BYOOkings.
2. This Agreement shall be reviewed by the parties annually to evaluate the need for modifications
and may be amended by written mutual agreement of the parties.
60
3. FOB shall have the right to terminate this Agreement by giving the City of Bzookings One
Hundred Eighty (180) day's written notice. T'he City of Brookings may also terminate this
Agreement upon the expiration date of any agreement, or for violation of this Agreement or any
serious violation of any City and Paxk and Recreation oxdinances,rules or requirements. If this
Agreement is terminated eithex by FOB ox the City of Brookings, the City shall assume any
rights or obligations of FOB at Bob Shelden Field,Dwiggins Medary youth baseball fields or
Mickelson Field,including, any Scoreboard Lease Agreement or Advextising Agreements. FOB
shall assume all other liabilities and obligations it has incurred as a result of performing any of
the activities authorized by the City in this Agreement. Accoxdingly,upon texmination, FOB
shall pay its own bills to vendors—food,beverage, sign painters, etc. In addition,upon
termination, the City will allow current advertising signs to stay until those advertising contracts
expire. The City shall receive the adverrising revenue upon termination and will pay the
scoreboard lease payments,if any.
4. This Agreement shall be effective upon signing by the respective parties.
Chamber Promotions Proposal. A motion was made by Whaley, seconded by Bezdichek,to
approve the agreement. An amendment was made by Bartley, seconded by Bezdichek,to stxike
Item K. All present voted yes on the amendment. On the main motion as amended, all present
voted yes.
City of Brookings - Brookings Chamber Agreement
for Chamber Activities and Visitor Promotion
This Agreement is entered into this 14`�day of February,2006,by and between the City of
Bzookings, a municipal corpoYation,hereinafter xeferred to as "City", and Brookings Area Chamber
of Commerce&Convention Bureau, a South Dakota.non-profit corporation,hexeinaftex referred to
as Chamber.
RECITALS
WHEREAS the City is authorized by the laws of South Dakota to e�cpend public funds to promote
the general resources of the City of Brookings for the purpose of unpxoving its economic well-
being, and has historically funded such programs,and
WHEREAS the City desires to continue its progxam to continually promote Brookings to
prospective visitors, students and their parents, and the workforce personnel that axea employers are
interested in recruiting;and
WHEREAS the City also desires to support programs organized to maximize the visitor attraction
potential of the Swiftel Center,Performing Arts Center,Laxson Ice Center,Fishback Soccer
complex and the Southbrook Diamonds;and
WHEREAS the City also desixes to support programs organized to strengthen relationships between
the community,its employers and the atea's agricultutal producers,to help citizens prepare
themselves for public service and leadership, to help citizens prepare themselves fox future change,
to assist prospective entrepreneurs prepare themselves for entering business,and to strengthen the
community's ability to retain its young people;and
WHEREAS the Chamber is a non-profit corpoxation capable of providing the City with
professional services to propose,implement,and carry out such programs,including visitor
promotion programs, and desires to enter into this agreement with the City for such purposes;and
WHEREAS this Agreement includes the agreements of the parties concerning both Chambex
activities and Visitor Promotion activities which were previously addressed in sepaxate agreements;
NOW,THEREFORE,THE PARTIES HERETO AGREE TO THE FOREGOING RECITALS
AND AS FOLLOWS:
1. Previous Agreement Superseded.This Agreement incorporates all of the terms and provisions set
forth in that certain City of Brookings-Brookings Chamber Agreement for Visitor Promotion da.ted
July 1,2005.Accordingly,this Agreement supersedes that Agreement and this Agreement shall
replace and supersede the July 1, 2005 Agxeement referxed to above.
61
2. Term of Agreement. This agreement shall be for an initial tertn, commencing on the date first
above written and ending on June 30,2010, and shall be automatically xenewed fxom yeas to year
thereafter,unless ternvnated as hereinafter provided.
3. Supervision by the City Concer�ung Visitor Promotion Activiries. The Chamber shall maintain
close communication with the City Manager with respect to the Chamber's itnplementation of its
annual program.The Chamber shall report to the Ciry Manager in such form and frequency as shall
be mutually agreeable, said report to cover the activities during the preceding period, anticipated
activities during the succeeding period, and any proposed variations of the previously approved
annual program involving the expenditure of funds.Any such changes in the annual program will be
reviewed by the City Manager, and if warranted, approved by the City Council. Conversely,any
changes requested by the City shall be submitted to and approved by the Chambex's Boaxd of
Directors. The City shall retain exclusive control of the expenditure of public funds to carry out the
purpose of this agreement, and the City shall not be liable for any expenditute of funds not
approved by the City Council.
4. Supervision by the City of Chamber Activities.The Chamber shall maintain close communication
with the City Manager and/or designated department heads, and the City Council with respect to the
Chamber's implementation of its annual program.The Chamber shall xeport to the City Manager
and the City Council at designated times,said repoxt to cover the acrivities during the preceding
month, anticipated activities during the succeeding month, and any proposed variations of the
previously approved annual pYOgram involving the expenditure of funds.Any such changes in the
annual program will be xeviewed by the City Manager, and if watranted, approved by the City
Council. The City shall xetain exclusive contxol of the expenditure of public funds to carry out the
purpose of this agreement, and the Ciry shall not be liable for any expenditure of funds not
approved by the City Council.
5.Pzofessional Services of Chaxnbex. Upon acceptance of this agreement,the Ciry employs the
Chamber to promote,encourage,unite and advance area, agricultural, commercial, educational,
hospitaliry,industrial,recreational,civic interests and businesses. For these purposes, the Chamber
will maintain adequate staffing levels to provide the following specific services for the City:
a. Maintain and disseminate community information, tailored when necessary to meet
specific requests,that will assist prospective convention and tournament groups,leisure travelers
and residents in their research on the area's quality of life;
b. Maintain and disseminate community information, ta.ilored when necessary to meet
specific requests, that will assist pxospective residents in their research on the area's quality of
life;
c. Maintain and disseminate demographic information,tailored to meet specific requests,that
will assist hospitaliry and entextainment enterprises in theix research on the area's market
characteristics and business climate;
d. Maintain and disseminate demographic information, tailored to meet specific requests,
that will assist small commercial enterprises in their research on the area's market characteristics
and business climate;
e. Prepare and submit formal bids for conventions,conferences and athletic tournaments
whose venue and housing requirements are within the community's capabilities;
f. Develop recreational and cultural events that will strengthen the hospitality experience of
groups who come to Brookings for conventions, conferences and tournaments, and strengthen
the probabiliry that such groups will return;
g. Encourage employers to increase their employment of interns in ways that will
strengthen student interest in remain.ing in the axea following graduation;
h. Organize infortnative pxograms on the area s economic strengths,weaknesses,
opportunities and threats to foster public -private partnerships that will identify actions
needed to encourage employment expansion;
i. Organize recognition programs to acknowledge the citizenship,leadership and
contributions of educators,major employers, agricultural producers,public officials and others
62
to fostex greater citizen awareness of such contributions to the general welfare of the
community;
j. Organize annually a formal leadership development program,and provide the City with
the interest areas of the participants to encourage gxeater volunteer participation in city
government.
6. Convention/Visitors Bureau to Assist. In performuig Visitox Promotion activities pursuant to this
Agreement, the parties undexstand and a�ee that the Brookings Area Convention/Visitors Bureau
will assist the Chamber in performing this Agreement in accordance with its Policies and
Procedures.A true copy of the Polices and Procedures Manual of the Brookings Area
Convention/Visitors Bureau is attached hereto,marked Exhibit"A",and its policies and provisions
are incorporated by reference herein and are made a part of this Agreement.
7. Development Program for Visitor Promotion.The Chamber shall prepare and recommend to the
City a promotional and event development program designed to accomplish the purposes set forth
above.The program shall include the details of the methods to be used to achieve visitor attraction,
the financial resoutces needed, and such other information as the Chamber or the City may deem
appropriate. 'The Chamber may, from time to time,recommend changes in the program,which
changes shall be subject to the approval of the City Managex before they become effective.
8. Development Prograxn for Chamber Activities.The Chamber shall prepare and recommend to
the City information,recognition and leadership development programs designed to accomplish the
purposes set forth above.The program shall include a detailed statement of the manner and method
whereby such purposes will be accomplished, the nutnber of full and part-time personnel to be
involved, and such other information as the Chamber or the City may deem appropriate.The
pxogram shall include an annual budget to finance the program."The Chamber may, from time to
time,recommend changes in the program,which changes shall be subject to the approval of the City
Council before they become effective.
9. Implementation of Visitor Promotion Program. The Chamber's recommended Visitor Promotion
Program,including the annual budget, shall be approved by the City Manager before any part of it is
unplemented. If the pxogram is approved, the Chamber shall be responsible for implementing the
program according to its terms. T'he Chamber shall employ qualified staff to carry out the program,
and the Chamber shall arrange for needed supplies and services.
10. Implementation of Chamber Activities Program.The Chamber's recommended program,
including the annual budget, shall be approved by the City Council before any part of it is
implemented. If the program is approved, the Chamber shall be responsible for implementing the
program according to its terms.The Chamber shall employ a qualified staff to carry out the
program, and the Chamber shall arrange for supplies and materials as may be necessary. Pxogress
reports and reviews by the City may be called for as agreed upon under the terms of the programs.
11. Reporting Procedures. The Chamber shall maintain adequate records of the services performed
and e�enses incurred in carrying out the pYOgrams.The City shall have the right to examine such
records at all reasonable times. Progress reports and reviews by the City may be called for as agreed
upon under the terms of the programs. The Chamber shall provide the Ciry with a complete annual
financial report prepared by a certified public accounta.nt, following acceptance of the report by the
Chamber Board.
12.Budget and manner of funding. The Chamber shall submit to the City Manager, at least annually,
a proposed budget that has been officially adopted by the Chamber s Board of Directors, for the
implementation of the development program. The Budget shall be in such detail and in the fortnat
as specified by the City.
Funding for Visitor Promotion activities shall be paid from"3`�B"Sales Tax Revenues after
expenditures budgeted and set forth in City of Brookings Resolution 83-04 have been paid or
reserved for payment in accordance with Resolution 83-04.
13. Financing for Visitor Promotion Activities. The Ciry agrees to pay one-twelfth of the annual
amount each month for the services the Chamber provides under this agreement. It is expressly
understood that the City is obligated to pay the Chamber only,and that the City shall not be
obligated to pay anyone else for any expenses incurred by the Chamber in carrying out the terms of
this contract.
63
14. Financing for Chamber Activities. The City herewith agrees to pay one-half of an annually
stipulated amount semiannually for the services to be pxovided by the Chamber under this
agreement.The Chamber shall submit an invoice to the City semit-annually.The invoice shall be on
such forms and contain such detail as may be required by the City,and shall be processed and paid
by the City in the same manner as its other vouchers are processed and paid. It is expressly
undexstood that the City is obligated to pay the Chamber only, and that the City shall not be
obligated to pay anyone else for any expenses incurred by the Chamber in ca.rrying out the terms of
this contract.
15. City's Responsibility.The City agrees that it will make available to the Chamber through the
various city offices such public information and public services as may be available and pertinent to
the Chamber s demographic research programs,event,promorion and maxketing and research
efforts.
16. Independent Contractor.The Chamber is deemed by the parties hereto to be an independent
contractox, and any and all officers and employees of the Chamber,while engaged in the
pexformance of any work or services xequiYed by this agreement, shall be considexed officers and
employees of the Chamber only and not of the City.Any and all claims that may arise under South
Dakota.'s workers compensation laws on behalf of said officers and employees while so engaged
shall be the sole responsibility of the Chamber.All claims made by any third party because of any act
or omission on the part of the Chamber,its officers, employees and agents,while so engaged in any
wark or services under this agreement, shall be the sole responsibility of the Chamber.The Chamber
shall acquire,maintain,and provide the City evidence of workers compensation and public liabiliry
insurance during the full term of this agreement,including its renewals,if any.
17. Scope of Authority. It is expxessly understood that the Chamber and its officers,employees, or
agents are not, except as described herein,authorized and shall not represent themselves as being
authorized, to enter into any contract on behalf of ot otherwise obligate the City to any person,
corporation,partnership or association for the expenditure of public funds.The Chamber may
contractually obligate future CVB funds as incentives to organizations as part of its woxk to promote
Brookings as the site for their xespective events. Subject to this limitation, the Chambex and its
officers, employees and agents shall encourage on behalf of the City, citizens and groups from
throughout the region to visit Brookings for athletic,educational,recreational,professional
development,and organization development purposes. In addition,the Chamber and its officers,
employees and agents shall encourage on behalf of the City workforce and student in-migration
through both written and on-line publications,graduate retention through internships and close
cooperation with economic development officials,citizen-preparation for community service roles
through the design and implementation of a comprehensive leadership development pxogram, and
strengthened employer,education and agricultuxal producer xelationships through vaxious
recognition and appreciation functions.
18.Termuiation.Any pa,Yty to this agxeement may cancel this agreement at the end of any City of
Brookings fiscal year (the calendar year),with or without cause,by giving written notice of such
cancellation to the other party at least ninety (90) days prior to the end of the City's fiscal year. If this
agreement is cancelled under this provision, the City shall reimburse the Chamber accoxding to the
terms hereof to the date of such cancellation. In the event that the City's requests fox inczeased
services had resulted in the Chamber's hiring of additional sales,maxketing ox clerical employees,
and such cancellation results in the termination of that/those employee(s),the Ciry shall furthex
reimburse the Chambex for all costs to which the Chamber may have obligated itself in the faithful
pexformance of this agreement,including any additional Unemployment Compensation premiums
xesulting from employee texminations.
19. Amendments. This agreement may be amended or supplemented from time to time by action
of the parties hereto.
EXHIBIT"A"(This entire Exhibit is new to the contract. It is the Chamber's CVB
Poliry, amended by the Board at the January meeting�
Policies and Procedutes Manua1
Brookings Area Convention/Visitors Bureau,
A coinmittee of the Brookings Area Chamber of Commerce and Convention Buxeau
64
Mission
Consistent with the goals of the Brookings Area Chamber of Commerce,the mission of the
Convention/Visitors Bureau is to enhance the economic well-being of the City of Brookings and its
surrounding area. The Convention/Visitors Bureau shall emphasize attracting conferences,
conventions, sporting events,meetings and other related events, as well as on-going visitor
advertising and maxketing programs, that draw people to the Brookings area.
Structure
The Brookings Convention/Visitoxs Bureau is a department within the Brookings Area Chamber of
Coxnmerce and Convention Bureau,and is subject to its governance, financial and pexsonnel
policies. The Chamber's Board of Directors is responsible for the Bureau's finances,and is
accountable to the Brookings City Council for the Bureau's petformance.
Committee Pur�ose,Membershi�
The CVB Committee shall provide marketing counsel and advice to the Chamber Board and to the
Bureau's di.tector. It shall also approve any proposed bid incentives exceeding$300. Chamber
membership shall not be a prerequisite for committee membership.
(b) The Committee shall consist of 12 members. Three shall be appointed by the City of
Brookings,three by the SDSU Student Association, and two each by the Brookings Chamber,
Downtown Brookings and Swiftel Center. Serving as ex-officio members are the Chamber
Executive Vice President and the Convention/Visitors Bureau Director,the Downtown Brookings
Program Manager and the Swiftel CenteY Executive Director. Vacancies shall be filled within two
(2) months. Vacancies shall be filled by appointment by the appointing authorities who are
experiencing the vacancies,with or without recommendation of the CVB Committee. Four(4)
absences in a twelve month period is cause for removal.
Officers and Duties
The Chamber shall employ a CVB Director. The Director shall attend meetings of the committee
but not be entitled to vote. He/She shall be responsible fox all administrative duties including the
pxeparation of an annual City funding request fox the Committee's and Chamber Board's approval,
as described in his/her job description. He/She shall pexform such duties as may be incident to
his/her office, subject to the direction of the Executive Vice President.
Chairperson. The Chairperson and Vice Chairperson shall be elected from among the voting
membership of the Convention/Visitors Bureau Committee for a one (1) year term. The
Chairperson works direcdy with the Convention/Visitors Bureau Director to accomplish the goals
and objectives of the Convention/Visitors Bureau,as established from time to time by the Chamber
Boaxd of Directors.
Cha.irperson Responsibilities:
1. Organize the Bureau's volunteexs and the membexs to complete the progxam of work. Appoint
special sub-committees, task forces,or people to carry out the program of the Bureau.
2. Planning: 'The Chairperson will plan and organize the Bureau's activities in cooperation with the
Director of the Convention/Visitors Buxeau Committee. The Chairperson will present the
opportunities and problems for discussion by the members and stimulate group thinking and
encourage individual paxticipation to xeach solutions and achieve goals.
3. Authority/Accountabiliry: The Chairpexson has the authoriry to call regular or special meetings,
appoint sub cormnittee leaders,and to direct performance of committee members. In the absence
of a Chairperson,the Chamber President or his/her designee may convene meetings of the
committee until a subsequent Chairperson is elected.
4. The Chairperson and the Executive Vice President shall be xesponsible for the evaluation of the
job performance of the Convention/Visitors Bureau Director. The results of the evaluation will be
used to recommend the Director's compensation. The compensation amounts shall be the
responsibility of the Chamber Board of Directors.
Seczetaiy. The Director of the Convention/Visitors Bureau shall act as secretary for the
Convention/Visitor Bureau Committee meetings.
65
uorum
A majority of the Committee shall constitute a quorum for the transacrion of business.
Dues and Finances
No membership dues may be collected. The Bureau's primary source of funding shall be the special
City non-ad valorum tax levied on alcoholic beverages,hotel/motel xooms,prepated foods and
entertainment taxes. Receipts and expenditures shall be accounted for within the Chamber's
accounting system, and subject to the Chamber's accounting and audit policies.
Sta—ff'ng
In addition to the Director, other staff may be employed to implement the work of the Buxeau.
The Chamber's Board of Directors shall assure that adequate and sustainable revenues are available
before authorizing the employment of additional sta.ff. The CVB Director shall have complete
hiring authoriry, subject to annual budget limitations, and subject further to the Chamber's
Personnel policies. In addition to support staff, future staff positions contemplated include a
community events coordinatox, a regional/national meetings sales manager, and a leisure tourism
pxomotion coordinator.
O�erating Pxocedures
These operating pxocedures shall be reviewed by the Convention/Visitors Bu.reau Committee at the
first meeting of each year. These operating pxocedures can be amended with or without
recommendations by the CVB Committee by the Chamber's Board of Ditectors at any meeting,
providing that notice of the amendments has been given to the Board in advance. City of Brookings
approval shall be obtained prior to making any amendment affecting the size and/or composition of
the CVB Committee.
S�ecial Pro�ects
All major special projects should be communicated to and appxoved by the Chamber of Commerce
Board of Directors. Fund raising projects and other outside funding searches must be approved by
the Chamber Boaxd of Directors.
Re�orting
A written financial and activities report shall be submitted to the Chamber of Commerce Board of
Directors. The Chamber shall submit a copy of the report and the annual audit to the Bxookings
City Manager immediately following the Board's acceptance of the audit.
Liabiltt�
The Convention/Visitor's Bureau shall be insuted under the Btookings Area Chamber of
Commerce's general lia,bility insurance policies as long as it remains a committee and department of
the Chamber. The Di�ector shall notify the Chamber's Executive Vice President of any special
public events sponsoxed by the Bureau, and the Bureau shall pay any required additional premiums
for providing insurance coverages for such events.
Amended: Convention Visitoxs Bureau Committee,March 27, 1998
Amended: Chamber Boaxd,June 27,2005
Amended: Board of Directors, Oct. 27,2005
Amended: Boaxd of Directors,Jan. 26, 200G
Resolution No. 19-06–FAA Response. A motion was made by Reed, seconded by Whaley, to
approve Resolution No. 19-06,a resolution adopting the Bxookings City Council official response
to the Federal Aviation Administration.
Di.rcus�ion: Be�dichek a.rked what the rule of inea.cure rvas in determining pmperty values and why the.rpecific
example in the letter ava.c u.red. L,anning.raid it�vas intended to be predictor of the volatility of a court deci.rion that
can go again.rt the czty. A court may rule that a value i.r d�erent than the one.ret by the city. Due to the
unpredictable nature of the court.c, the city could find it.relf in a fznancial po.rition of not being able to con.rummate ald
the land deal.r. The purcha.re of rau�land verre.r a grouring bu.rine.rs i.r a favorable alternative.
BeZdichek a.cked if the city can ident�the potential lo.rs of sale,c tax finm a particrtlar busines.c. Lanning said no, the
intent of citing sales tax tva.r to ernpha�i�e the totality of lo.r.res to the City. Interest i.r high in bu.rine.cs�ilacement in
Brooking.r and the lack ofgood viable retail,rj�ace i.r why sve cite.rales ta.�cc a.r ageneral category los.r.
Be�dichek a.rked if the land purchases avere in the rumvay protection�one and not the we.rt land purcha.ce.r. L.anning
.raid that u�a.r correct.
66
Beit�asked:vho decide.r if a 6,500 foot run�vay is ivhat Brookings need.r. L.anning said the FAA rvould make that
final deci.rion ba.red on Bmoking.r making a numerical case that the exten.rion�varrant.c that tra�'f'ic.
All present voted yes;motion carried.
RESOLUTION N0.19-06
OFFICIAL RESPONSE TO FEDERAL AVIATION ADMINISTRATION
WHEREAS,on October 25,2005,the City of Brookings pxepated a prelimuiary response to the Federal Aviation
Adminisuation's compliance letter which was reviewed by all appropriate parties,and
WHERFAS,based on that review and comment period the City has prepared the attached final official iesponse to the
Federal Aviation Administration's compliance letter dated May 10,2005;and
NOW THEREFORE,BE IT RESOLVED that the Brookings Ciry Council adopts the attached cozrespondence as its
official response to the May 10,20051etter from the Federal Aviation Administration.
February 1 S,2006
Mr.Steven J. Obenauer,Manager
FederalAviation Adminirtration
Bumarck Airport.c Di.rtrict O�'ice
2301 Univer.rity Drive,Building 23B
Bismarck,ND S8SO4
Dear Mr. Obenauer.
Thank you foryour recent ktter concerning the futun of the Bmoking.r Airport. Thi.r letter is intended to renn ar a n.rpon.re to your letter
dated May 10,2005 segardfng rnmpliance uaue.r at the Bmoking.cAi�port,.rpecifical�'y addres.ring Krenway Pmtection Zone(RPZ)i.cruea for
Aumvayr 30 and 3S,a.r we11 ar.retting a future di�ction to enhance the gmwth and economic develo�bment of our regian. Sub.reguent to our
previoru interaction.r,our Wa.rhington,DC trip and the Aberdeen Seminar,we believe we more clearly under.rtand the nlated con�liance
irrues,and alro clearly under.rtand the re,ponribility of the CiCy of Brt�oksngs related to our aispott and compliance lr.rue.r We alao recogniZe
pa.rt compliance isrue,r have not been adequatey addrerred and the City ia determined to rectify amy unaddn.rred cor�liance itrue,r.
The futun for the City of Bmoking.r irgr»wth and the Brook.ingr Airport needr to grow hand-in-hand with our commsrnity. Rccent inguirie.r
verijy the importance of continued and p»�grea.rive investment in this earentia!tool for our economy. The only way me can achieve thi.r growth i.r
rvith the help of the State of South Dakota,Federal Aviation Admini.rtration(FAA),and tbe Fideral Government. We underatand a large
pmject in Brookingt unll place funding con.rttrraintt on the region,potentialfy affecting other ngional airport p�nject�: Homever,it u time for the
City of Brooking.r to move for�vard,a.r the Bmokingr Airport playr a vita!mle in the South Dakota Airport Sy.rtem. By maksng the pmper
impmvement.c to the Brooking.rAirport over the next.reveralyear.r,the City of Bmoking.r,the State of Soutb Dakota and the FAA wi!!be
partnering in an inveatment for South Dakota and the Great Lakea Begion ingeneral
Over the partyear,tbe City of Bmoksngr ha.r made rign�cant pmm�rr.rr toward the completion of itr Airport Marter Plan. The Marter Plan
unll addre.rr the need for additional primary runWay kngth,adding to the curnnt 5,231 foot long primary runway, 12/30,thereby alhwing
for larger aircraft. It u the intentiox of the City of B�nokfngr to follaw tbe findingr of thir Ma.rter Plan,u�hich me believe,tvi11 include the
long-term need jor a 6,500 foot runmay. However,tbe City of Brookinga u�i!!be unable to accommodate a rran�vay of 6,500 feet,utili�ing the
cumnt alignment. Nus�erou.r i.r.rue,r related to the Eighth Street South and Main interrection,ar rvell ay railroad i.rruet to the north,make
thir akernative difficxh.
Attachment,r D,G,and H,.rpecificaly addre.rs the anafy.ri.r of.reveral on,rite alignment change.r to the cu�rent primary runway. Each of the.re
alternativer demonstrate.r the ability to extend the current primary rrrnway to 6,500 feet in kngth and the ownerrhip of the re/ative RPZ.
There alignmenu urill a!!ow the City of Bmoksng.r to gain indi.rputable land u.re contrnl and avoid potentia!Zoning litigation,dearly improving
tbe long-term benefrt�for auch alignment.r. In the event the City of Brookings frrik to budld community rupport a.crociated with.ruch
e.upendituna af public fundy the City ha.r al�o included a comji/iance akernative(�llternative B)that wi!l.rhorten kunway 12/30 or
eliminate the ILS,maintaining tbe longer runway. Ahernative B will bring the Bunmay 12/30 APZ,back on to exi.rting air�ort properly.
The City of Bmoking,r con,adera Alternative B a lart n.rort to compe�y with RPZ nquinment.r,and at this point i.r an unde.arable alternative.
The City of Bmoksnga har examined 8 different alternative.r and further developed 3 rub-alternative.r. Ktgardlet.r of the eventual alternative,
the potentia!coat wi!!approach reveral mi!lion do1lara. The City ojBmok.ing.r har clar�ified the ahernativer into three reparate gmr�ing.r:
utiliZe current alignment in.come form,utiliZe rome form af realignment,or a con�kte,airport relocation. The importance of the Bmoking.r
Airport relative to continuing economicgrorvth for the City i,r fiaramount. Therefore,each alternative ha.r been tboroughy evaluated and the
following preference.r have been developed
Current Alignment Cor�liance: The current airport u land locked. The major obstac%to tbu ahernaAive i.r purcba.ring the
privatey held pmperlie.c Thi.r rcenario a�ipearr to be a `go it alone"apliroach and ourpart experience ha.r not been�iotitive. A.r
you know,tbe City of Bmoking.r purchcued a rma!!corner of pmpery that apprai,red at appmximatefy,680,000,witb the owner
' claiming value of$479,000,tvhich the judge awarded The "value"of the exi.rting burine.cre.r could poteniralfy be pmhibitive.
Additfonally,the City of Brookingr,ln an era of deckning talea ta.x revenue,cannot afford to eliminate tbe cu�rent,pmductive,
retai!operatioru tbat exirt in the BPZ. At lea.rt one of thote bu.rineraer produce.agn�cant aales taxea and tbe rombined effect
�vould be potentialfy deva.rtating to our City fznance.r Finalfy,the City of Bmoking.r lack.r,rufficient commercia!/ntail rn�riiaior.r
necer.rary to relocate the number of bu.rine.crer that would be duplaced The future of Rrrnway 35 has ont'y been addr�,rred,to thi.c
point,by.rhortening it. The City Counci!hur not looked lnto the po.r.ribility of purcharing the bouae.r or�ealigning it rrlated to
futun e.xpan.rion. If the exi.rting tite i.r maintained,the City tvill have to further anafyZe the co.rt of�urcharing the houaea verrru
changing the runmay alignment. Nevertheler.r,the City would realign or purchare the two hourer to ckar the I�unway 3S RPZ if
the airport remainr,a.r thir�vould be nece.c.rary to achieve compliance.
67
Bealignment Compliance: While thi.r alternative i.r mor�attractive,it too pre.rent,r challenger and increa.red costa. Wetland ir.ruea to
the W/NW a�potentially problematiy�iarticzrlare�y reladed to acquiring additional vretlanc�r at a 2:1 ratio. Additionalfy,the
DMd�'E railroad ia in the final,rtage.r of a rignificant upgrade plan and amaiting appmvalfmm the Surface Tran.rportation
Board. Not only�vould movin�tbe track.r be e.xpenaive and time con.ruming,that alternative migbt meet argnificant opporition from
DMd�E due to potentiad delay.r and additional EIS i.r,rue.r. It i.r quertionable�vhether DMd�'E would be a cooperative and
tvilling partner. The wetlandr i.r.ruer and DMd�'E realignment mill certainfy add to the co.rt,but not eliminate other e.xzrting land
uae i.r.ruer. E.r.rentially,the Brookingr Airport would rti11 be land locked Hou�ever,thir alternative ha.r merit ba.red upon potentia!
alternativer, numerou.r realignment.ccenarzo.r and the potentia!of.rtrong fundfng.rupport.
Belocation Compliance: Becau,re the futun growth of the Broaking.r Air�on ir imperatfve,initial examination appear.r to make
thir a viable alternative.Although airport relocationr are e.xtremely ra�,ourprnnximity to the city,inability to ex�iand,and
.rurr ounding avet/andr have limited our.rite and rvil!continue to do.ro,if either af the above alternativer are cbo,ren. Eitber of the
above alternativer wi!!alleviate our immediate land ure and compliance i.crue.r but create other noi.re and wind coverage it.ruet,a.r we
anticipate increared air traffic. Therefore,we fee!the relocation alternative require,r extenarve analy.rir. It ir alro tbe only alternative
that alloWr for adda'tional cort ncovery from the.rale of tbe cxrrent land and building a.cret.r. Thir rnould certainly a.c.ci.rt the City
frnancialdy,pre.renre.rome of the.rale.r tax ba,re,eliminate noi.re complaint,r and allosv for future e.�cpan.rion. Homever,it oko ca�riet
the bigbe.rt potential co.rt and potential di�culty related to land acqui,rition. Federal and State Junding�vill be key co�uiderationr
for tbia alternative.
The City of Brookinga ir undertaking the aj�pmpriate.rtep.r nquired to gain fu!!and complete compliance. The City of Brookingt ia nearing
the completion of tbe Marter Plan and the City Council ha.r endor.red and approved the funding nece.crary for a.ate,relection/fearibility,rtudy.
The.re hvo.rtepr will provide a cdear,long-term p1an,the City of Brooking.c i.r committed to follow in order to gain full and complete compliance.
The City previourly met rvith Senator.r Thune and John.ron,and ju,rt recently�vith Senator Thune and four repre.rentativer of the FAA in
Wa.rhington,DC. We clearly underrtand the re.rolution to our compliance i.r,ruea wil!take time.
Immediate Com�liance Issues: The City of Brnoking.r ha,c carefu!!y examined the immediate compliance i.rrue.r,primarie'y involving
.rtructure.r located within the BPZ. In >989,the City attenrpted to gain avigational ea.rement.r fmm tevera!of the landownerr located within
the KPZ. Mo.rt of thare reque.rtt were denied by the landownert. Additionally,the City attempted to purchare reaeral key land parctk,
.revera!of which were.rucces.rfully completed. In order to.rolve the rhort-term compliance i.rrue.r,the City denied a buildfng permit in 2005,to
Mr. Dean Gulbranton,related to a p�nnf�er[y tbat mar partially avithin the exrrting I�PZ. Conrequentfy,the City ma.r.rtied and ultimate�y
lo,rt that ca.re. The judge in the ca,re clearly.rtated,the a.crurancer or federa!circular,c have no force of larv. Additioxalfy,the one purchase in
1989.ret the tone for future purchares and negotiation,r. The jiarcel in que.rtion wa.r apprai,red at,$80,000. However,the landorvner felt the
land value wa.r con�zderably higher at�'479,000. The City again lo.rt in court and the landowner wa.r awarded the fu11,�479,000. The
1989 award and tbe recent court decraion,have made landowner.r rvithin tbe RPZ very aware of the irrue.r and have patentia!!y emboldened
them to.reek higher land price.r or litigation for re,rolution of air�iort related i.aues Using building permit.r,at thir juncture,is not a viable
compliance alternative. Additionally,exten.nve land purcha.rer appear to be cort prohibitive and onfy re�ve.r to lock the City into a,bo�ition
where,immediate compliance might be achieved,but the long-term prnblem.r continue to exi,rt.
Another con.rideration rvith re,rpect to purcharing prnperly nrithin tbe APZ i,r the con.riderable amount of"commercial/ntail"pmperty tvithin
the�one. Along routh Main the�are numerou.c,pmf:table burine.rre.r that produce/arge amounta of sale.r tax for the City. Tbis City could
not afford to lore these.raler tax producer.r,there may not be land available for tbeir rehcation and tbere are no guaranteer they would ever be
able to achieve the level of raler they cumntfy enjoy. In e.r,rence,the City could dramatically damage it.r own ntail,raler can. A.r an example,
if the City tvere to lote the Homeatead`Do It"Building Center,there might be a potential lo.ra of nearly,�200,000 in,rale.r tax to the City.
In addition,if a judge�ver�to alvard a huge settlement for Homertead or any other burine.cr withln the RPZ,con.ridenng lo.r.r of income and
value of the property,it could potentially bankrrrpt the City.
Zone change,r are anotber mitigation too!the City ha.rgiven conriderable thought. Tbe City Councilpropored a Zone change,.rimilar in time
frame to the Gulbran,ron la�vrurt. Nearfy every�iroperty owner within the APZ lndicated they�vould engage in a law.ruit to pmtect their
intentta,primarify `Yakingr"con�zderation.r due to a j�erceived lorr of value. We believe a Zone change,orindividua!/telect�one changer
rvould rerult in eitber individua!lamruitt and/or a c1a,r.r action larvruit. The City Counci!actualfy arrived at a second readin8 of the
ordrnance that would have prnvided tbe�one change to an IiPZ. Due ta public input and the volatile nature of the meeting,r,the ordinance
�var�vitbdraurn/defeated
It ha.r ako been ru&qested the City could engage in.recuring "optionr"on a!!of the propertie.r within the KI'Z. Securing tho.re option.r would
vary i�price and di�culty,we believe,witb rome individual properly oavner.r again,choo.cing to engage in litigation,rather tban cooperation.
Furthermore,rve are.rkeptica!that an option will,rurjace that maker tho,re oj�tion.c a viable ahernative for the Brookingr�lirport.
Given the,ce factorr,the City of Bmokingr doe.r not cox.rider land purchafe,r,land p�rchare opiionr,Zone cbange.r or other mitigation methodr,
tvithin the BPZ,fea.able in the rhort-ternr. Given the Gulbran.ron law.ruit and the hi.rtory of land co.rtS when conterted,we don't believe there
are any rational or reasonable alternative.r available to u.r,ar immediate compliance tool�.
As for our current ai�port and our compliance itrue.r,the City of Bmokinga ark.r that the FAA allorv ur to operate under our exi,rting
condition.r,aggre.rrivefy pur.ruing the pending outcome.r of the Ma.rter Plan and.ate selection/fe�uibility,rtudy and axy unexj�ected interim
rolution.r that may revea!tbemaelve.r bared upon ongoing arrea.rment of the i.rrue,c U�bon completion of the Mcxrter Plan and site
.relection/fea,cibilrty rtudy,the City of Brooking.r wvill diligentfy puraue an alternative that addre,rrer and alleviater a!!c»mpliance urue.r. Once
aa aj�propriate altemative i.r choren,the City uall pur.rue appropriate project funding necer.rary to com�blete the cho.ren ahemative. The City har
included the time line for the realignment and rzlocation alternative,r that anticipate a "bert cate"tcenano for conrtruction/ncon.rtrration,
depicted inyear,r.
At thir time,the City i.r not fiur.cuing change.r to our minimumr,unle.r.r it i,r deemed ab.rolutee�y nece.rrary. Changing our minimum.r will cripple
our airline.re�vdce reliability,make our airport le.r,r attractive to corporate traffzc and hdnder the ability of our flight rchool to u.re the airport for
training to it,r fuIle.rt ca�iability.
Shouldyou have ary comment.y que,rtiorrr or concernr pleare feel free to contact me at 605.692.6281.
68
Sincerely
Scott D.Mun.rterman
Mayor,City of Brnokings
Air�ort- Dual Track Environmental Assessment. A motion was made by Bartley, seconded by
Reed, to approve commitment of funds for Phases 1,2&3 of the Dual Track Environmental
Assessment for the Brookings Regional Airport Project(xelated to the feasibility site selection
study).
Pha.re 1
'I'he purposes of Phase 1 are threefold:
• to define the aviation goals of the region and purpose and need for the project
• to prepare and select the best concept plan for the development of the existing airpoxt that
would meet the avia.tion needs of the region
• to determine the feasibility of and prepare the best concept plan for the development of a
new repla.cement airport that would meet the aviation needs of the region
The cost of Phase 1 is estimated to be $157,895 and is planned to be complete by Decembex 31,
2006.Additional funds,in the amount of$7,500,may be needed in this phase fot outside services
for environmental agency review or site work (Part 106 gtoup,Historical Society,and other
environmental groups).
Pha.re 2
T'he results of Phase 1 will be the foundation for the preparation of the Envi.tonmental Assessments
(EA) in Phase 2. Phase 2 will define the purpose and need for the project and the development
alternatives in addition to the no action altexnative that will be considered in detail.
HNTB will prepare draft responses to address comments received on the Draft EA and submit
them to the Ciry pxoject manager,SDDOT and the FAA fox review and comment. Based on the
review comments,HNTB will prepaxe final responses and submit them to the City for its review and
selection of the proposed action.
Based on the City's action, a prelimuiary Final EA will be prepared and submitted to the City project
manager,SDDOT and the FAA for review and coxnment. HNTB will revise the preliminary Final
EA based on the review comments and submit it to the FAA for approval.
The FAA will determuie the need for an EIS or pxepaxe a Finding of No Significant Impact
(FONSn. The Final EA and assumed FONSI will be signed,printed a�d distributed to those that
received the Draft EA and those persons that submitted comments on the Draft EA or xequested a
copy of the Final EA.
The cost of Phase 2 is estimated to be$144,730.79 and is proposed to be complete by December 31,
2007.Additional funds,in the amount of$7,500,may be needed in this phase for outside services
fox envixonmental agency review ox site woxk(Paxt 106 group,Historical Sociery,and other
environmental groups).
Pha.re 3
In order for the FONSI to be issued, the FAA needs an Ultimate Airport Layout Plan (ALP) for the
final selected alternative. It was anticipated that we would be able to do the ALP the year following
the Env�onmental (2008),however, due to this reason;it must be completed pxior to the
completion of Phase 2 (200�. Phase 3 will depict the ultimate runways, taxiways,and other builds
that will be required with the ultimate airport facility.
The cost of Phase 3 is estimated to be$49,996.48 and is proposed to be complete by December 31,
2007.
Sno�v Aemoval E�ui�ment
The requested funding also includes funds to purchase a plow/sander truck to decrease the need for
private contractors. We believe having our own truck onsite will reduce our overall snow removal
expenses and increase our reliability. City Staff have been working to acquire Snow Removal
Equipment(SRE) to reduce our dependenry on contractors. By purchasing a combination
plow/sander truck,we can save on snow removal an average of$660 per inch of snow by moving it
with airport equipment and city personnel.We can save an average of$127 per load of sand that is
69
required at the airport. That is a total annual average cost saving of$20,560 with average snow fall
amounts (26.6" per year). The cost of the truck has been researched and it is estimated that we can
acquire a used truck,in working condition and capable of the work at the airport, for$25,000.
A� ort Ex enditures
Year 2006 Notes
Federal AIP
Funds Available $150,000.00
State AIP
Portion $3,158.00 2% Share
Ci AIP Portion $4,737.00 3% Share
Total Funds AIP $157,895.00
Dual Track
Phase I $157,500.00
Outside Services $7,500.00 Unknown if needed for Phase 1 or Phase 2.
Estimated Truck
Cost $25,000.00 May be moved to 2007 if needed.
Tota1 City
General Cost
200G $37,237.00
Yeax 2007
Federal AIP Possibly$0,$150,000 or more depending on the
Funds Available Unknown reauthorization of the bill in Fall of 2006.
Dual Track
Phase II $144,730.79
Outside Services $7,500.00 Unknown if needed for Phase 1 or Phase 2.
Dua1 Track
Phase III $49,996.48
Tota12007 Citv
General Cost $202,227.27
Discu.rrion: Total expo.rure to the city i.r,$239,464.27. An additional�150,000 in AIP funding may be available
to the czty.
KeitZ said the Council previously took action to ca,p the city'r e.xpo.rure at,$'9,000. Lanning.raid that u�a.r correct but
there hasr'since been a change in availability of federal fundt.
Bartley asked if it would be po,r,rible to reque.rt additionad AIP funding in 2007. Yes.
On the motion,all present voted yes, except Bezdichek and Reitz voted no;motion carried.
Mayor's Council on Commuruty Wellness Reoort.
Matt Vukavich,Comnuttee Co-Chair,presented the Council's report on the recendy completed
"Buddy Program." Munsterman requested the City Council consider at a later date the foxmal
creation of the Mayor's Council on Community Wellness and appointment of inembers.
DM&E• Lanning reported that Brookings Council representatives met with the Pierre Mayor to
discuss their agreement with DM&E. A meeting between Brookings city officials and DM&E
representatives is tentatively scheduled for Feb. 24. Aftex that meeting the City will contact the SD
CongYessional Delegation to determine what efforts are needed to pxovide the best solution for
Brookings in the overall context of the xailroad expansion.
USDSU Discussion. Reed noted that he would be abstauung from the discussion and vote.
Bartley recommended the City Council make a statement to the State Legislature stating the City is
not in support of granting a 7`''university in the state. If and when the university becomes degree
granting Zt would take away from the SDSU campus.
Bezdichek agreed that the City Council should be 100% supportive of SDSU and let tlie state know
that we're not in favor of the bill.
70
The Council discussed the issue and there was consensus that council membexs would individually
contact legislators and they would not take a formal group position.
Executive Session. A motion was xnade by Bartley, seconded by Reitz,to enter into Executive
Session at 7:30 p.m. to consult with legal counsel on contractual issues with the Council,Manager,
Clerk&Attorney present. All present voted yes;motion carried. A motion was made by Reitz,
seconded by Whaley, to exit Executive Session at 8:05 p.m.
Ad�ourn. A motion was made by Reitz, seconded by Whaley, to adjourn. All present voted yes;motion
catried. Meeting adjourned at 8:05 p.m.
Ci of Bro s
c,TY oFe� D. sterman,Mayor
�``'�'"A� T:
x j � �2 _Y,/�V '
�� �
��,; �
co••, . �.
S�u hornes,City Clerk