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HomeMy WebLinkAboutCCMinutes_2006_09_12 188 Brookings City Council September 12, 2006 The Brookings City Council held a meeting on Tuesday,September 12, 2006 at 4:00 p.m.,at City Hall with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,Mike Bartley, Ginger Thomson (left at 8:30 p.m.),Michael Reitz (arrived at 5:12 p.m.) and Tim Reed. Tom Bezdichek was absent. Interim City Manager Dennis Falken,City Attorney Steve Britzman,and Ciry Clerk Shari Thornes were also present. 4:00 P.M. CITY MANAGER RECRUITMENT PROCESS Executive Session. A motion was made by Reed,seconded by Whaley,to enter into Executive Session at 4:05 p.m. for personnel matters with the City Council, City Attorney,City Manager and City Clerk,City Hutnan Resources Director,and Jexry Oldani,The Waters-Oldani Firm via phone present. All present voted yes;motion carried. Motion was made by Batdey, seconded by Reed, to e�cit Executive Session at 5:00 p.m. All present voted yes;motion carried. 5:00 P.M. WORK SESSION Summary on Tax Increment Financing(TIF) Districts Steve Britzman, City Attorney,provided the Council with a summary on Tax Increment Financing Districts. Britzman said a TIF is a tool to fmance public improvements. However,Brookings has never used a TIF to finance one of its projects. A TIF inay be used fox specific improvements in an area that meets the tax code and Federal law definitions. A good local example is the VeraSun Project that utilized a$2.5M TIF through Brookings County. In this case a TIF was established in open ox bare land that wasn't being utilized to its full potential. Reitz arrived at 5:12 p.m. The first steps in creating a TIF District are to define the geogtaphic area and project costs. The financing would be paid for out of the increase in assessed value as determined by the taxing authority. The base revenue continues to be spxead among the counry,city and school at same xates. Any increases in value axe suspended. 'Those are used to pay off the cost of the improvements. Dennis Falken noted that a TIF district becomes pa.rt of the city's overall debt and the City is responsible if it's not paid. Doris Roden,Downtown Brookings Inc., said DBI is interested in creating a TIF District downtown and has been working with Sioux Falls attorney Todd Meiexhenry. Meierhenry advised Roden that there is still enough time to establish a district before the Novembex 1 st deadline. Reed is serving on the Affordable Housing Subcommittee and the group is studying a model that uses TIF districts to decrease the cost of land. Review of 6:00 p.m. meeting to�ics. The Interim City Manager responded to questions pertaining to the action items on the agenda. Briefing on Se�tember 26th agenda items. Shari Thornes,Brookings Ciry Clerk,provided a briefing on future agenda items. Brie�ing;on u�coming council invitations and obligations. Thornes reviewed the City Council's upcoming invitations and obligations. 6:00 P.M. CITY COUNCIL MEETING Consent Agenda: A motion was made by Whaley, seconded by Thomson,to approve the consent agenda which included: A. Agenda. B. Action on Resolution No. 94-06, authorizing bids for a Motor Pool velucle. Bids were opened on September 5,2006. Resolution No.94-06 Resolution Awarding Bids on Motor Pooi Vehicle Whexeas,the City of Brookings has received the following bids fox Motor Pool Vehicle,Mini-van: Einspahr Auto Plaza,Inc Brookings �17,390.00 Brookings Auto MaII Brookings $18,635.00 189 Billion t3utomotive Sioux Falls �19,415.00 Now Therefore,Be It Resolved that the low bid of Einspahr Auto Plaza,Inc.in the total amount of $17,390.00 be accepted. C. Action on Resolution No. 97-06, awarding bids for surplus police cars. Bids were opened on September 5, 2006. Resolution No. 97-06 Resolution Awarding Bids For Surptus Police Cars Whereas,the City of Brookings has received the following bids for the 3 Surplus Police Cars: 1) Ann M Thompson VIN#2B3HD46V24H701952 $2,601.00 2) Cheyka Motors VIN#2B3HD46V44H701922 $2,411.00 VIN#2B3I-ID4GV64H701940 $2,411.00 VIN#2B3HD46V24H701952 �2,508.00 3) Bay Ridge Auto Sales VIN#2B3HD46V44H701922 $1,000.00 VIN#2B3HD46VG4H701940 ;1,000.00 VIN#2B3HD4GV24H701952 �1,000.00 Now Thetefore,Be It Resolved that the following bids be accepted: Ann M Thompson VIN#2B3HD46V24H701952 $2,601.00 Cheyka Motors VIN#2B3HD46V44H701922 �2,411.00 VIN#2B3HD4GVG4H701940 $2,411.00 D. Approval of Change Order#3 (Final) to Gil Haugen Construction contract completion date for Hillcrest Aquatic Center be extended beyond the original target date of May 1,2006. No liquidated damages will be assessed if the completion date is extended. The contractor has now completed all requirements of the specifications,including the pxoviding of on-site training, as-built drawings, operations manuals and written guarantees and warranties. E. Action on Resolution No. 98-06, awarding bids for the Fire Department USAR Gear. Resolution No. 98-06 Resolution Awarding Bids for Fire Dept.USAR Gear Whereas,the City of Bxookings has received the following bid for the Uzban Search and Rescue (USAR)geax for twenty firefighters using Homeland Security Grant money: �f&T Fire and Safety- $27,634.00. Now Therefore,Be It Resolved that the following bid be accepted: M&T Fire and Safety -�27,634.00. F. Action on Resolution No. 99-06,declaring Fire Department velucle surplus. Resolurion No.99-06 Declaring Surplus Property WHEREAS,the Ciry of Bxookings is the owner of the following described vehicles foxmerly used at the City of Brookings Fire Department: Truck I-1983 General Safety�culating Platform Fixe Apparatus (Intemational Chassis with 65'Snorkel Boom)-VIN#2HTD1045XDCA14321 WHEREAS,in the best financial interest,it is the desire of the City of Brookings to sell same as surplus propexty. NOW,THEREFORE,BE IT RESOLVED by the goveming body of the Ciry of Brookings,South Dakota,that this property be declared surplus property according to SDCL Chaptei 6-13. On the consent agenda, all present voted yes; motion carried. 18`Reading• Ordinance No 31-06—Fiscal Year 2007 A��ro�riation Ordinance First Reading was held on Ordinance No. 31-06, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2007 Fiscal Year and providing for the annual tax levy and annual tax for all funds. Public hearing: September 26,2006 la`Reading: Ordinance No. 32-06—Rezoning, Fitst Reading was held on Ordinance No. 32-06, rezoning Sublot 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1,Bane and Poole Addition from a Business RB-4 District to a Business B-2 District;and Lot 9 and the adjouung vacated alley in Block 1,Bane and Poole Addition from a Residence R-1B District to a Business B-2 District. Public hearing: September 26, 2006 18t Reading: Ordinance No. 33-46—Rezoning: First Reading was held on Ordinance No. 33-06, rezoning the west 50 feet of Lot A of Lot 4,Block 1, Skinners Third Addition from a Residence R-2 District to an Industrial I-1 District. Public hearing: September 26,2006 19t Reading: Ordinance No 34-06—Rezonit� First Reading was held on Ordinance No. 34-06, rezoning Lots 1 and 2,Block 14,McCleman's Addition fxom a Residence R-1B District to a Residence R-3 District. Public hearing: September 26,2006 � 90 18t Reading: Ordinance No. 35-06—Zoning Ordinance Amendments First Reading was held on Ordinance No. 35-06,amendments to the zoning ordinance pertauiuig to definitions,disttict regulations,yard requirements,paxking and signs. Public hearing: September 26, 2006 2"a Reading: Ordinance No 29-06—Hospital Board Public hearing and action was held on Oxdinance No. 29-06,An Ordinance Revising the Composition,Appointment and Criteria for Appointment of Members of the Bxookings Hospital and Brookview Manor Board of Trustees. Public hearing.• Dr. Merritt WaYren, active medical staff of the Brookings Hospital, expressed concern about the definition of"active medical staf£" He said this could include visiting physicians and felt physician members of the Board should be citizens that live within the city or county limits. He was concerned that anyone living outside the city ox counry of Brookings may not have the best intexests of the Brookings Hospital in mind. He also noted that those physicians should represent their medical staff. He was also concerned that the size of the board may become too large. Michelle Robbins,Hospital Board President, concurred with Dr.Warren. She noted the reference, "at the discretion of the board" under Item C was an error and should be deleted. Changes were also made to the eligibility language for physicians. Robbins told the Council that 3 years is a long commitment for a physician. She noted a potential conflict with medical staff bylaws that require a one year probationary period during such time they can not hold o£fice or be on the board. Bardey asked if there was any problem with having one doctor on the Board at this time. Robbins said no, the Boaxd likes one physician serving and they don't object to two but are concerned 2-3 yeaYS from now when thete could be 5 or 6 physicians on the board which would totally change the board's dynamics. Reitz said he didn't like this otdinance because of the potential size issue. Robbins said the Board couldn't think of way to control it othex than pick a nuznber. Reed asked if active medical staff are approved by the Boaxd. Yes. Cindy Mydland,Sioux Valley Clinic, said there is a designation between active and courtesy. This fall Sioux Valley will be requesting active privileges fox its physicians. Mydland said she was at the meeting in support of the ordinance as amended. Brookings has a community-owned hospital and the medical landscape has changed to xepresent the growth and changes occurring in the communiry. She said this is common in other communities,with some having 30-40% clinic representation. Two to three physicians would be another resource to the Board and opportunity for communication back to clinics. She clarified that the physicians would represent the active medical staff and not their own health care system. She noted that the cuxrent board members already do a good job of self-regulating during potential conflicts. Dr. Ingrid Chamales, active staff at Brookings Hospital for 10 years, said she was speaking both as a citizen and a physician. The Brookings Hospital Boasd is talliing about latge issues of money expenditutes and the direction of our hospital. It's unportant to consider if there are more and more physicians on the Boaxd,it will dilute the ability of the common citizen to make decisions. Those ramifications are extensive about how money is spent in the community. Citizens may staxt to feel that the Board is overwhelmed by doctors. The pxocess of budgeting and spending money may find itself completely in the hands of physicians. She urged the Council to be cautious on how many doctors are on the Board. Everyone that has an interest in the growth of the Brookings Hospital and its ditection is what the Council should focus on. Munsterman asked Robbins her opinion on proposed Section D. She felt it would be the Board President or Vice President that would ask a physician to recuse themself. There are times of contractual issues or marketing strategies that it would be the most fair to ask all physicians to leave. It was noted that Avera and Sioux Valley are also hospital systems. Clo,red hearing 'I'homson said she was supportive of the changes. Munsterman asked that the recommended changes be incorporated into the document and that the action be tabled to Sept. 2Gth. Baxtley said he wants to make a board appointment on Sept. 26th and didn't think we have a problem with the current Boaxd structure other than the current vacancy. Others can apply when that position comes 191 up and this doesn't have to be a turf war. He wasn't comfortable with the ordinance and requested it be tabled. A motion was made by Bardey, seconded by Reitz,to table. Reitz and Bardey voted yes; Munsterman,Reed,Thomson and Wlialey voted no;motion failed. A motion was made by Munsterman, seconded by Thomson, to table to September 26th. All present voted yes;motion carried to TABLE. Resolution No. 100-06—George's Pizza Wine License. A motion was made by Reed, seconded by Whaley, to approve Resolution No. 100-06, authorizing the City Manager to enter into an operating agreement with George's Pizza, Inc.,Panagiota or Gus Theodosopoulos,owners, for a wine license. All present voted yes;motion carried. Resolution No.100-06 George's Pizza Wine Operating Agreement BE IT RESOLVED by the city of$�ookings,South Dakota,that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement between the City of Brookings and George's Pizza,Panagiota ox Gus Theodosopoulos,owner,for the purpose of a liquor managex to opexate the on-sale establishment or business fot and on behalf of the City of Brookings at Dakota Pub. BE IT FURTHER RESOLVED that the Ciry Manager be authorized to execute the Agxeement on behalf of the City,which shall be for a period of ten years with a xenewal in five(5)years. Prairie Historical Park System in Brookings and Kix�sbury Counties A motion was made by Thomson, seconded by Reed, to approve Resolution No. 101-06, a Resolution regarding the proposed Prairie Historical Park System in Brookings and Kingsbury Counties,South Dakota. Russ Stubbles,Project Chait, said the concept is to create a National Heritage Area consisting of foux parks connected by ttails within the historic context of South Dakota prai.rie development from 1880 (DeSmet), 1890 (Lake Preston), 1890 (Volga),and 1910 (Brookings). T'he national designation could have significant economic benefits to the area inclucling qualifying for$10M in Federal funding. There axe currently 27 officially designated areas in the nation. One quartex of Iowa has al�eady been designated;however, from North Dakota to Texas there is nothing. The expectation is for the state park system to take over the project. In order to apply for the designation the application will need to show local support. This area is unique in that this is where the Prairie changed. The proposals will go befoYe Congress January 2007. State parks let bids in 2008 fox one segment to be completed in 5 years and the remauung in 10 years. .All present voted yes;motion carried. Resolution No.101-06 Resolution regarding proposed Ptairie Historical Park System in Brookings and Kingsbury Counries,South Dakota. Whereas,the City of Btookings has been presented with infoxmation xegarding the pxoposed Prairie Historical Park System in Bxookings and Kingsbury Counties;and Whereas,the City of Brookings recognizes the importance of conserving and preserviug our unique cultural heritage;and Whexeas,the City of Brookings recognizes the important of historical tourism to the area;and Whexeas,the two purposes of the proposed Prairie Historical Park System shall be to conserve and preserve our heritage while developing our tourism;and Whereas,the City of Brookings xecognizes that the National Paxk Service can lend assistance to the establishment of a national heritage area;and Whereas,the City of Biookings xecognizes that the South Dakota Division of Parks and Recteation can be a catalyst to the establishment of the proposed Prairie Historical Pazk System; THEREFORE,BE IT RESOLVED that the Ciry of Brookings strongly endorses the proposed Prairie Historical Park System fox$xookings and Kingsbury Counties,South Dakota,and requests that the South Dakota Division of Parks and Recreation assist local entities in the timely development of this unique national heritage park system. Resolution No. 96-06,Amendment E. A motion was made by Bartlep,seconded by Reed,to approve Resolution No. 96-06, a Resolution opposing Amendment E. .All present voted yes; motion carried. Resolution No.96-06 192 WHEREAS,an uutiated measuxe self-titled as"The J.A.I.L.Amendment"has been designated as Amendment E by the Sectetary of State and will appeaz on the Novembex,2006 genexal election ballot;and W�IEREAS,Amendment E would abolish the doctrine of judicial immunity,create a special grand jury with an annual budget of over two million dollars,allow for the creation of special court under the jurisdiction of the special grand jury apart from the Unified Judicial System and would allow for juty nullification(a measuxe previously submitted to and rejected by the electoxate);and WHEREAS,the stated purpose of Amendment E is to correct the abuse of judicial power;and • WHEREAS,the South Dakota and the United States Constitutions and the laws made pursuant to these Constitutions by publicly elected officials currendy provide remedies fox the correction of any abuse of the judicial power;and WHEREAS,Amendment E would subject any person or group of persons who exercise judicial authority,including quasi-judicial actions such as members of zoning boards of adjustrnent,planning commissions,and municipal governing bodies,to limifless liability;and WHERF�'�S,Amendment E prevents public money from being used to defend a public official from a claim brought by the special grand jury,subjecting the official to massive personal liability;and WHEREAS,a number of groups including the South Dakota Municipal League,the South Dakota Republican and Democratic parties,the South Dakota State Bar,and many others have voiced opposition to Amendment E because of the thzeat it poses to the judicial system and to public officials;and WHEREAS,the Legislature of the State of South Dakota has unanimously approved House Concurrent Resolution 1004 strongly urging the voters of South Dakota to defeat Amendment E"to protect our system of justice,to protect economic development"and"to protect citizens from frivolous lawsuits";and WHERF.AS,the Brookings Ciry Council has deternvned that Amendment E would be contraty to the best interests of the City of Brookings because of the potential damage Amendment E could do to South Dakota's judicial system and the threat it poses to public servants who serve on many municipal boards,such as the Zoning Board of Adjustment,the Planning Commission,as well as the Brookings City Council. NOW THER$FORE BE IT RESOLVED that the Brookings City Council joins with the South Dakota Legislature,the South Dakota Municipal League,and other groups and suongly urges the voters of South Dakota to reject Amendment E when voting at the 2006 general election. Executive Session. A motion was made by Reed,seconded by Reitz,to enter Executive Session at 7:12 p.m. for purposes of contract negotiations or negotiating with employees or employee representatives with the City Council, City Attorney,City Manager,Human Resources Director and City Clexk present. All present voted yes;motion carried. Whaley recused herself at 7:12 p.m. and returned at 7:26 pm for police contYact discussion. Motion was made by Reed, seconded by Bardey, to exit Executive Session at 7:32 p.m. All present voted yes;motion carried. City General Employees' Conuact. A motion was made by Thomson, seconded by Reed,to approve the City General Employees' Contract and authorize the City Manager to sign the contract. All present voted yes;Whaley abstained;motion carried. City Police Department Contract. A motion was made by Reed,seconded by Reitz,to approve the City Police Department Contract and authorize the City Manager to sign the contract. All present voted yes;motion carried. Executive Session. A motion was made by Whaley, seconded by Reed,to enter into Executive Session at 7:33 p.m. for contractual matters with the City Council,City Attorney,City Manager,City Clerk present and Bxookings Municipal Utilities repxesentatives (Prest,Robertson,Peterson,Harvey) Meyer) present. All pxesent voted yes;motion carried. T'homson left at 8:30 p.m. Motion was made by Bartley, seconded by Reitz, to e�cit Executive Session at 834 p.m. All present voted yes; motion carried. Executive Session. A motion was made by Whaley, seconded by Reed, to enter into Executive Session at 8:34 p.m. for personnel matters with the City Council,City Attorney,City Managex, Hutnan Resouxces Director and City Clerk present. All present voted yes;motion carried. City Manager and Human Resources Director left at 8:54 p.m. Motion was made by Reed, seconded bp Reitz, to exit Executive Session at 9:22 p.m. All present voted yes;motion caxried. 193 Adjourn. A motion was made by Whaley, seconded by Reed, to adjourn. All present voted yes; motion carried. Meeting adjourned at 9:22 p.m. C� o o ' gs �i r; o�.�:r....a ;, ;.n �;� _ cott D. Munsterman,Mayor �p: �' .`' � y� �P y//' f�� / - ari ornes,City Clerk