HomeMy WebLinkAboutCCMinutes_2007_03_13 289
Brookings City Council
March 13, 2007
The Brookings City Council held a meeting on Tuesday,March 13,2007 at 5:00 p.m., at City Hall
with the following members pxesent: Mayor Scott Munsterman, Council Members Tom Bezdichek,
julie Whaley,Mike Baxdey, Michael Reitz,Tim Reed and Ginger Thomson. City Manager Dennis
Falken, City Attorney Steve Britzman, and Ciry Clerk Shari Thornes were also pzesent.
Board of Ec�ualization. Joyce Dxagseth,County Ditectox of Equalization,provided a briefing on
the 2007 property valuation process and hearings. She noted that certain neighboxhoods
experienced 3-5%increases (East Medary Addition) and 10-12%increases (Peterson Second&
Randi Peterson, and Morehouse Additions). Hearings will be held the week of Maxch 19`h
State Department of Labor/Economic Develo�ment. Darla Bockorny has been recnuted out
of retitement by Pam Roberts, State Secretary of Labor, to make pxesentations to 10 East River
communities about the services provided by the Department of Labor (DOL). She is giving the
same presentation to elected and economic development officials in these cities and counties. She
noted that the DOL plays a strong role in economic development. A common economic
development need is for labor statistics and use labor maYket infoxmation center Services provided
by the DOL include:
■ The DOL works with economic development on a local level through job hostings, statistics
research, and human resouxces assistance (interview locations,job fair, staff assistance).
■ The DOL partners with other agencies to provide educational opportunities,noting a
workshop to be held in Brookings this May.
■ The DOL acts as a resource to small companies needing questions answered.
• They are woxking with the State's "Dakota Roots" program.
■ They work with the "Rapid Response" program,which is when a company closes the DOL
can do upfront work with individuals: xetrauung,relocating,new jobs.
■ The DOL has responded to new technology by making job listings available online and
employexs have the ability to independendy post positions online.
■ DOL staff spends time with smaller companies with needs for HR assistance. Eighty
percent of businesses and industries don't have foxmal HR depaxtments. They may have
one person assigned with those duties but they also have other responsibilities.
• The DOL often serves as the first point of contact for woxk place issues and problems. She
noted that theix office prefers to work locally to resolve a problem.
She asked the Council members to let the DOL know if there wexe areas they needed assistance in.
Munstexman asked if there was a way to access people of a specific skill-set from othex parts of the
country. She suggested contacting the Labor Market Information Center in Aberdeen.
U�date on Transnortation Plan
ACTION: A motion was made by Reed, seconded by Bartley, to add to the March 27`�' agenda
action to appxove a funding request of$8,100 for the Bxookings Transportation Gap Analysis and
Recommendation Study.
City of Brookings: Trans.portation Gap Analysis & Recommendations
City governments axe challenged in meeting diverse community needs with limited resources.
Concerns about the efficient use of tax dollars and methods of oversight are widespread. In the case
of personal transportation provision where private and public providers work to meet community
needs these concerns and added comple�city must be formally addressed for sound policy to be
developed.
The objective of this study is to identify and provide recommendations regarding passenger
transportation fund.ing and oversight alternatives for the City of Brookings.
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Work Plan&Schedule
Task 1. Inventory e�sting services (May 2007) -An inventory of current public and private
providers of personal transportarion services will be conducted. The inventory will include levels
and types of service as well as amounts of public funding received. Information will be collected
directly from service pxovidexs,the City and County of Brookings, and the SDDOT:
Task 2. Conduct needs assessment (May 2007) -An assessment of current and future transportation
needs of Brookings residents will be conducted. Current needs will be identified by holding a
stakeholdexs'meeting. Existing needs will be extrapolated into the future. Projections of
Brookings'population will be made.
Task 3. Identify gaps Qune 2007) - Using information collected during Tasks 1 and 2,gaps in
service will be identified.
Task 4. Identify alternatives;make recommendations Qune 2007) -Alternatives for the City of
Brookings in determining funding levels and providing oversight will be identified.
Recommendations among these alternatives will be made.
Task 5. Write report Quly 200� -A report contauung the findings from Tasks 1 through 4 will be
prepared. A draft arill be made available for comment prior to finalization.
Project Management. David Ripplinger,Associate Research Fellow at the Small Urban&Rura1
Transit Center (SURTC),will serve as the project's principal investigator. He will be assisted by
Carol Wright,assistant director;Jon Mielke, Gary Hegland, and Del Peterson, associate research
fellows; and Natalie Beck,graduate research assistant, all at SURTC.
Deliverables. The fmal report will be the sole project deliverable.
ON THE MOTION: All present voted yes;motion carried to place on the March 27`�
agenda.
Review of 6:00 p.m. meeting topics. Falken responded to questions pertaining to the action items
on the agenda.
Topic introduction for future agendas. Thornes provided a briefing on future agenda items.
The Council requested two 4-hour time slots from 4:OOp.m. to 8:OOp.m. in May and June to conduct
the ICS-Incident Command System training for City Council (Nationallncident Management System).
Briefing on u coming council invitations and obligations. Thornes reviewed the City
Council's upcoming invitations and obligations.
City Council Member introduction of to�ics for future discussion.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Consent items 4F and 4G were removed for further discussion. A motion was made by
Thomson, seconded by Whaley,to appxove the consent agenda which included:
A. Agenda, as amended.
B. City Council Minutes (January 9,January 23, February 13, February 27).
C. Action to cancel the May 22""council meeting.
D. Action on Resolution No. 20-07,Authorizing Bridge Reinspection Program with
SDDOT.
Resolution No.20-07
Bridge Reinspection Program with SDDOT
Whereas,Title 23,Section 151,United States Code and Title 23,Part 650,Subpart C,Code of Federal
Regulations,requires initial inspection of all bridges and reinspection at intervals not to exceed two
years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts
are reinspected at intervals not to exceed four years,and;
Therefore,the City of Brookings is desirous of participating in the Bridge Inspection Program using
Bridge Replacement funds.
The City of Brookings requests SDDOT to hire Banner Associates,Inc. (Consulting Engineers) for
the inspection work. SDDOT will secure fedexal approvals,make payments to the Consulting
Engineer for inspection services rendered,and bill the City for 20%of the cost. The City of
Brookings will be responsible for the required 20%matching funds.
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There are a total of foux(4)bridges in the City of Brookings,South Dakota that requixe inspection.
E. Action to authorize a purchase of a 2007 Sterling LT8500 Truck Chassis with set back
axle from bids received by the Ciry of Mitchell for$70,424.00.
F. Action to authorize the Mayor to sign a "Dissemination A.gent Agreement" between the
City of Brookings and Northland Securities, Inc. in connection with bond issues. OFF
OF CONSENT.
G. Action to approve a preliminary plat for Lots 6-20, Block 10, McCleman's Addition. OFF
OF CONSENT.
All present voted yes on the consent agenda; motion carried.
Dissemination Agent Agreement. (OFF CONSENT) A motion was made by Bardey, seconded
by Reitz, to authorize the Mayor to sign a "Dissemination Agent Agreement" between the City of
Brookings and Northland Securities, Inc. in connection with bond issues. All present voted yes;
motion carried.
DISSEMINATION AGENT AGREEMENT
THIS DISSEMINATION AGENT AGREEMENT (the "Dissemination Agreement"), dated as of
the 1 st day of Maxch, 2007,by and between the City of Bxookings, South Dakota, 311 Third
Avenue,P O Box 270,Brookings, SD 57006 (the "Issuer") and Northland Securities, Inc.,45 -
South 7`'' Street, Suite 2500,Minneapolis, MN 55402 ("the Dissemination Agent") in connection
with bond issu�s of the Issuer (the "Bond Issues") identified in Exhibit A which is attached to and
by reference made a part of this Dissemination Agreement:
The Issuer and the Dissemination Agent covenant and agree as follows with respect to the Bond
Issues:
SECTION 1. Definitions. The following capitalized terms shall have the following meanings:
"Annual Report" shall mean the document or documents filed by the Dissemination Agent with a
National Repository or State xepository puYSUant to this Dissemination Agreement.
"Annual Report Data" shall mean the Issuet's audited financial statements, such other financial
information and operating data for each Bond Issue as may be requested by the Dissemination
Agent to compile the Annual Report, and information collected by the Dissemination Agent (such
as data from the county auditor).
"Continuing Disclosure Agreement" shall mean that certain agreement or undertaking executed by
the Issuer at the tune of issuance of the bond issues listed in Exhibit A.
"Disclosure Representative" shall mean the Adtninistrator of the Issuer or his or her designee, or
such othex officer or employee as the Issuer shall designate in writing to the Dissemination Agent
from time to time.
"Listed Events" shall mean any of the mateYial events listed in Section 5(a) of this Dissemination
Agxeement.
"Nationat Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository fot purposes of the Rule. Attached to and by xeference made a part of this
Dissemination Agreement is Exhibit B, a current list of National Repositories. Notwithstanding
anything to the contrary contained herein, Exhibit B may be amended from time to time by the
Dissemination Agent, following the designation of additional National Repositories or loss of such
status by an existing National Repository,by delivering a notice of amendment and an amended
Exhibit B to the Issuer.
"Rule" shall mean Kule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934,as the same may be amended from time to time.
"SEC" shall mean the Securities and Exchange Commission or any successor to its functions
governing state and municipal securities disclosure.
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"State" shall mean the State of Minnesota.
"State Repository" shall mean any public or private repository or entity designated by the State as a
state repository for the purpose of the Rule. As of the date of this Agreement, there is no State
Repository.
"Tax-Exempt" shall mean that interest on the Bonds is excluded from gross income for federal
income tax purposes,whether or not such interest is includable as an item of tax preference or
otherwise includable directly or indirectly for purposes of calculating any other tax liability,including
any alternative ininimum tax or environmental tax.
SECTION 2. Pur�ose of the Dissemination Agreement. This Disseminarion Agreement is being
entexed into by the Issuer and the Dissemination Agent in order to assist the Issuer in complying
with the Rule.
SECTION 3. Provision of Annual Re�orts.
(a) On or before March 1, 2007 and by August 1 of each year thereafter, the Issuer shall provide the
Annual Report Data to the Dissemination Agent. The Dissemination Agent shall compile and
provide to each Repository by December 31S`of each year commencing December 31, 2006, the
Annual Report for each Bond Issue in a format consistent with the Rule.
(b) If by August 1 of each year, the Dissemination Agent has not received a copy of the Annual
Report, the Dissemination Agent shall contact the Issuer to determine if the Issuer is in compliance
with subsection (a).
(c) The Dissemination Agent shall:
(1) determine each year prior to December 31S`, the name and address of each National
Repository and each State Repository,if any;and
(2) file a report with the Issuer and the Trustee (if applicable) certifying that the Annual
Report has been provided pursuant to this Dissemination Agreement,stating the date it was
provided and listing all the Repositories to which it was provided.
SECTION 4. Content of Annual Re�orts. The Annual Report prepared by the Dissemination
Agent for each Bond Issue shall contain or incorpoxate by reference the financial information and
operating data specified in the applicable Continuing Disclosure Agreement or continuing disclosure
provisions of any applicable Resolution, Indenture,Loan Agreement or Lease Agreement,relating to
bond issues listed in Exhibit A.
SECTION 5. Re�orting of Significant Events.
(a) This Section 5 shall govern the giving of notices of the occurrence of any of the events listed
below or in the Issuex's Continuing Disclosure Agreement ox in the applicable Resolurion,
Indenture,Loan Agreement or Lease Agreement:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults;
(3) Unscheduled draws on debt service xeserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers,or their failure to perform;
(6) Adverse tax opinions or events affecting the tax-exempt status of the security;
('7) Modifications to rights of security holders;
(8) Bond calls;
(9) Defeasances;
(10) Release,substitution,or sale of properiy securing xepayment of the securities;and
(11) Rating changes.
(b) The Dissemination Agent shall,within one (1) Business Day of obtauung actual knowledge of
the occurrence of any of the Listed Events, contact the Disclosure Representative,inform such
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person of the event, and request that the Issuer prompdy notify the Dissemination Agent in writing
whether oY not to report the event puYSUant to subsection (�.
(c) Whenevet the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as
soon as possible aetermine if such event would constitute material information for Holders of
Bonds.
(d) If the Issuer has determined that knowledge of the occuxrence of a Listed Event would be
material, the Issuer shall promptly notify the Dissemination Agent in writing. Such notice shall
instruct the Dissemination Agent to report the occurxence puYSUant to subsection (�.
(e) If in response to a request under subsection (b), the Issuer determines that the Listed event
would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct the
Dissemination Agent not to report the occurrence puxsuant to subsection (�.
(� If the Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed
Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities
Rulemaking Board and each National Repository and State Repository.
SECTION 6. Dissemination A�ent. The Issuer has engaged the Dissemination Agent to assist it in
carrying out its obligations under this Dissemination Agreement and may discharge any such
Dissemination Agent,with or without appointing a successor or Dissemination Agent. The
Dissemination Agent may texminate its duties hereunder upon fifteen (15) days written notice to the
Issuer. For its services hereunder, the Dissemination Agent shall be paid an annual fee of$1,000
plus $250 per Bond Issue fox each Bond Issue in excess of an original par value of$1,000,000 as
listed in Exhibit A that is xequi�ed by the Rule to file an Annual Report. In addition, the Issuer shall
reimburse the Dissemination Agent for out of pocket expenses incurred in preparing the Annual
Report. Such expenses shall not exceed an annual amount of$300.00 unless approved in advance
by the Issuer.
SECTION 7. Amendment,Waiver. Notwithstanding any othex provision of this Dissemination
Agreement, the Issuer and the Dissemination Agent may amend this Dissemination Agxeement,and
any provision of this Dissemination Agreement may be waived,in writing,as agreed to by the patties
thexeto.
SECTION 8. Additional Information. Nothing in this Dissemination Agreement shall be deemed
to prevent the Issuer from disseminating any other information,using the means of dissemination
set forth in this Dissemination Agreement or any other means of communication.
SECTTON 9. Duties, Immunities and Liabilities of Trustee and Dissernination Agent. The
Dissemination Agent shall have only such duties as are specifically set forth in this Dissemination
Agreement, and the Issuex agrees to indemnify and save the Dissemination Agent,its officers,
directors, employees and agents,harmless against any loss, expense and liabilities which it may incut
arising out of or in the exercise or performance of its powers and duties hereunder,including the
costs and expenses (including attorneys' fees) of defending against any claim of liability,but
excluding liabilities due to the Dissemination Agent's gxoss negligence or willful misconduct.
SECTTON 10. Beneficiaries. This Dissemination Agreement shall inure solely to the benefit of the
Issuer and the Dissemination Agent, and shall create no rights in any other person or entity.
SECTION 11. Counter�arts, This Dissemination Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
IN WITNESS WHEREOF, the CITY OF BROOKINGS and NORTHLAND SECURITIES,
INC. have caused this Dissemination Agreement to be executed in their respective names, all as of
the date fitst written above.
CITY OF BROOKINGS, SOUTH DAKOTA NORTHLAND SECURITIES, INC.
By
Its Sr. Vice President
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By
Scott D. Munsterman
Mayor, City of Brookings
ATTEST:
Shari Thornes,Brookings City Clerk
Preliminary Plat. (OFF CONSENT)A mation was made by Whaley, seconded by Reed, to
approve a preliminary plat for Lots 6-20,Block 10,McCleman's Addition.
Di.rcussion: Be�dichek noted that drainage continue.r to be an is.cue and final plat.r don't come back to counczl for
approval so thi.r i.r the time to make comment.r. Jackie I�nnin� City Engineer, .raid the city i.r continuing to:vork on
the drainage i.r.rue and there ar�.reveral pha.re,r of a drainage plan that a developer mu.rt follou� F.ach development is
evaluated on a ca.re-by-ca.re ba�i.r becau.re the�are.ro many variable.r to con.rider.
Be�dichek.raid there are cudvert.r that are fm�en. Ar�all drainage plan.r and flozvage rate.c calculated based on tho.re
culverZs being open� If a development and/or hou.res are flooded;�vho i.r liable� Steve Brit�man, City Attorney, .raid
there are multiple i.crue,r to evaluate to determine u�here the liability rert.r.
Whaley noted that a development who doe.r an entire area at once(i.e. .reveral lot.c)is better becnuse it eliminate.r a lot
of the waterproblem.c. Ye.r.
On the motion,all present voted yes;motion caxried.
1$`Reading—Ordinance No. 09-07—Building Code. First reading was held on Ordinance No.
09-07,An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of
Brookings and Pertaining to the Building Code with Certain Amendments Thereto. Public Hearing on
March 27th
Resolution No. 21-07 - Sidewallc Assessment. A public hearing was held on Resolution No. 21-
07,Levying Assessment for Sidewalk Assessment Project No. 2006-01SWR (2006 Sidewalk Repair
Sites). A motion was made by Thomson, seconded by Reed, to approve. All present voted yes;
motion carried.
Resolution No.21-07
I.evying Assessment for Sidewalk Assessment Project No.2006-01SWR.
WHEREAS,the City Council has pxovided fox the following work to be completed under Pxoject No.
2006-01SWR. (2006 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows:
1. The City Council has made all investigation which it deems necessary and has found and
determined that the amount which each lot or tract will be benefited by the construction of the
sidewalk improvement heretofore designated as Sidewalk Assessment Project No. 2006-OiSWR
is the amount stated in the pxoposed assessment xoll.
2. The assessment for Sidewalk Assessment Project No. 2006-01SWR is hereby approved and the
assessment thereby specified are levied against each and every lot,piece or parcel of land thereby
described.
3. Such assessments,unless paid within thirty (30) days aftex the date of mailing of a statement of
account by the City,shall be collected by the Ciry in accoxdance with the pxocedure fox Plan One
in Sections 9-43-30 to 9-43-41,South Dakota Compiled Laws of 1967,as amended with interest
of 10%on the unpaid balance.
4. Assessments amounting to less than$300.00 shall be paid in one payment.
House Movin�. A public hearing was held on a house moving application from Chris Bauman to
move a 2 story house from 545 Main Avenue South to Lot 2B,Block 8, Skinner's Second Addition,
also known as 902 1 st Street. Public hearzng.• Paul Sahr, 918 1 st Street, a.rked if the 6 parking spaces in tbe
back rvould be required. Ye.r. Public hearing clo.red. A motion was made by Reed, seconded by Thomson,
to approve. Di.rcussion: Councrl memberr a,rked if a bond u�ar required. No, they have found that many of the
house mouing aj�plicant.r u.re multiple contractorr so the average citi�en can't obtain a bond. The City.rtaff track.r the
deadliner for all the contractor.r. Bartley a.rked about the�oning on the property and if a boardinghou.re permit reque.rt
wa.r anticipated in the future. Lanning.raid not that.rhe Zva.r au�are of and,rhe ava.r uncertain abottt the�oning.
Could it be.rplit into a duplex? Will the parking.rpace.r be hard.rurfaced? A motion was made by Bardey,
seconded by Reed, to table to March 27th. All present voted yes to TABLE.
House Moving. A public heaxing was held on a house moving application from Jason Newman to
move a split foyer home from Springfield, SD (Governor's House) to Lot 12,Lass Addition in
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Section 14-T109N-RSOW,also known as 110 Twin Oaks Lane. A motion was made by Reed,
seconded by Thomson, to approve. Di.ccu.r.rion: Be�dichek a.rked zf the osvner 2vas permitted flexibility to�ilace
lbe hou.re on Lhe lot. Lanning.raid lhe lot i.r �50 by 200 and the hou.re mu.rt meet minimum front, .ride and back
.retback reguirements. They are able to.ret it back farther from the.rtreet if all other.retback.r are met.
All pYesent voted yes;motion caYried.
House Movin�. A public hearing was held on a house moving application from Jeff Newman to
move a split foyer home from Springfield, SD (Governor's House) to Lot 11,Lass Addition in
Section 14-T109N-R50W, also known as 106 Twin Oaks Lane. A motion was made by Thomson,
seconded by Reed, to approve. Di.rcu.r.rion: Be�dicbek a.rked.rimilar setback question.r. L.anning noted that
the backyard.retback of 25'ha.r been met in thi.r applicant. All pYesent voted yes;motion carried.
Update on the Dual Track Process. Bob Babcock from Heltns and Associates, and Jackie
Lanning, City Engineer
Lanning summarized the history as to how we got to this point. Laniung stated some of the
information may be redundant,but she wanted to go give some history for the public's benefit. The
FAA indicated that if the City would be performuig an Envixontnental Assessment on the onsite
alternative, that they should perform one on an offsite alternative also, since the costs will be
expensive.
The City Council authorized the Dual Track Environmental assessment project on J�y as, 2006.
This includes environmental outside services, future aixport layout plan and emergency taxiway
lighting repair for the Brookings AirpoYt. Helms and Associates and HNTB are the consultants for
this pxoject. The phase we are in is primarily done by HNTB's staff,where Andy Olson is the lead
on the project whom you met a few months ago.
HNTB has provided us with many progress reports throughout this phase,which have been placed
on the city website: www.cityofbrookin�s.org. Throughout the past months, the Dual Track
Advisory Committee has met, and discussed seven diffexent offsite alternatives. Out of those seven,
the committee and HNTB identified the pxefexred offsite alternative,which is located southeast of
Bxookings. They looked at several diffexent things, such as power lines, distance to landfill and
bodies of water, access, and other factors.
On February 1, 2007,Lanning mailed letters to both the offsite landowners and the onsite
landowners. Thexe were approxirnately eight onsite expansion landowners and 33 offsite
landowners. Aftex discussions with City Manager Falken, staff decided to mail letters instead of
personal phone calls due to the number of ownexs. Staff was afraid that some people would be
notified by phone befoxe others, and we wanted everyone to get the same information at the same
time. The Ciry also did a press release on the same day.
Bob Babcock discussed the HNTB progxess report, and stated that Helms,HNTB and Patrick met
with Tom Schauer in Bismark,ND. Tom was having concerns regaxding the wildlife patterns
around the current airport, and wanted to have the wildlife study done earlier in the sequence. He
felt the wildlife study may indicate some issues where that may affect the runway realignment. The
wildlife study will occur throughout the entire year,but Tim Pugh, from USDA could give
pteluninary findings in about six weeks,and they will be staxting this week.
Babcock also discussed the progress report, and indicated in the thitd to the last paragtaph under
current status, that the public open house presenting the results of Phase One will be held in mid
May, not early Fall. Babcock stated that at the public open house that the public could view the final
version of the onsite altexnative, and the proposed offsite alternative which would show the runway
alignment. The offsite owners affected would be fewer,because the number of paxcels would be
identified, and won't be as large as the area that received letters.
Babcock discussed that bird patterns and attractants will be studied in the wildlife assessment. He
stated that even though thexe are birds everywhere that FAA takes them seriously. T'he wildlife
assessment will also study the vegetation, deer,and othex animals. Geese won't be the only bixds
that are studied.
Babcock stated that the dual track advisory cominittee will be meeting the 3`�week in April to
review the offsite alternative and discuss la,youts. He stated that even though the committee is a
cxoss-section of citizens and gives input, that the consultants will still give their best advice.
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The open house for Phase Two is still scheduled to begin in early fall,which will be the
environmental open house. Babcock thanked the Council for the opportunity to provide an update
on the project.
Council di.rcu.r.rion:
Bezdichek said he has a problem with the businesses on the east side of the airport not being sent a
letter. He asked if they have been sent anything. No, they haven't.rent a letter because if there i.c an on,rite
expannon the runu�ay tvould.chift sve.rt.ro the ea.rt landosvnerr aren't a�fected and no longer svould be in the KPZ�one.
Bezdichek questioned that decision due to the amount of emotions on this issue.
Reed did have concerns telling someone something that might get their hopes up. Bezdichek
disagreed saying the City is sending lettexs to othet property owners surxounding the airpoxt and he
felt the owners to the east should have received a letter. They are out there not knowing what is
going on. Babcock.raid a lvay to handle that will be the next letter that reference.r the upcoming open hou.re.
Everyone near the airf�ort zvill be notified and thi.r open hou.re lvillgive them the opportunity to comment andget
uj�dated on the project. Bob noted that the environment report i.r tivo pha.re,r. The fir.rt�iha.re identifie.r the be,rt on,rite
option and the best o�.rite option. In the next.reveral u�eek.r the con.rultant.r u�ill narrow dorvn tho.re option.r. Pha.re
tsvo com�iare,r the on and o�.rite option.r. Tom Schauer, Bismarck FAfI o�ce, recently invited Brooking,r o�cial.r to
Bismarck to evaluate areas 2vith too many bird striket in order to ident�tho,re area.r early before the city i.r too far
along in the compari.ron p�nce.r.r.
Thomson asked why bird strikes was more of an issue than before. Babcock said the realignment or
relocation options are to the ave.rt and the floodplan and:vetland.r are predominant to the we.rt. Schauer aa�ant.r
enuironmental data in order to ident�if an area 2vould be un.ruitable ba.red on�arildlife. The State USDA con,rultant
urill conduct a p�liminary.rite vi.rit. Thi.r item zvill be aj��imximately,�'11,000 and zvill be paid for by the city out of
the out�ide environmental.rpecialist.r line item.
Bezdichek asked if the city obtains a ptoposal identifying scope of woxk ftom an outside consultant
before USDA study is done. He also asked how the study is done. Bob,raid the con.rultant�vill count
bird.r during migrations and evaluate ivhat,rtay.r and zvhat move,r on. They lvill give an e,rtimate ba.red on vegetation,
available u�ater, and other factors He al.co.raid the city couldn't fznd any firm to do thi.ryear-long project for le.r.r than
,�'11,000 and thi.rper.ron i.c the be,rt in the region.
The Council asked that the consultant be asked to attend the open house to answer questions.
Reed noted that the timeline had changed from end of 2007 to March 2008. Babcock.raid they lo.rt t�vo
to three month.r due to the netv requirement of a tvild life as.re,r.rment.
Bezdichek asked who was in charge of the airport now that Patrick Dame had left. Jackie Lannin�
City Engineer. Bezdichek asked how she is communicating with the Airport Board. Do they get the
same informarion as the Council? Ye.r, but not at the.rame time. The Air�ort Board zvill receive thi.r
information for their board meeting next u�eek.
Bezdichek noted,aftex reading through past Airport Board minutes, that there is another
development problem related to the airport. He cited that developers and house builders in the area
south of the airport and east of Rude's Funeral Home must obtain special permits from t�ie state.
He asked how these owners are informed of this requixement. Lanning.raid this permit i.r d sta�e law and
the City i.r 2vorking ivith the airport con.rultant to conte.rt the.rtate'.r finding.r in that area related to longitucle and
latitude. Bezdichek thought it should be the city's responsibility to advise of this permit requirement.
How would a developer ever know that? L.anning.raid the City ha.r been letting applicant.r knozv about the
requirement. Bezdichek asked if there are now houses in violation and lots that can't be built on.
Brit�man,raid there are some technical violation.r that are being addre.r.red. Babcock said the.re arp d�erent than KI'Z
reguirement.r. I.anning.rafd the City'.r feedr the.rtate ha.r inadequate data and they are re.rubmitting the permit
application.r.
Bezdichek questioned what was going on with the city engineering office still having serious issues
related to permits and the airport. He noted that the County was issuing temporary zoning controls
in where those propetty owners would be restricted fxom building anything for a year. Should the
city issue a moxatorium until the problems around the a,irport are settled? Brit�man.raid the City could
i.rsue a temporary�oning control, but he didn't knosv if that u�a.r the.rolution to that problem.
Thomson asked if the location of the offsite alternatives were public. Lanning.caid the,rpecific location.r
are not public. She could ondy.ray they are ivithin a five mile area.routhrve.rt of Brookfng.r.
297
Swiftel Center Report. Tom RichteY, Swiftel Center Executive Dixector, presented the 2006 yeax-
end report to the City Council. He noted that the growth in 2006 was far beyond what they thought
they could achieve.
Thomson asked for clarification on the management contract. I�ichter.raad the Slviftel Center employees
avork for Compas.r I acility Management, Inc. The City of Brooking,r renezved a fiveyear management contract zvith
Com1ba.r.r in 2006. The City pay.r a annua!management fee of.$`80,000 to Compa.rs along avzth variable fee.r built
into the contract ba,red on performance.
Thomson asked how many of the events are a direct xesult of the affiliation with Compass. Kz'ehter
��aid >00%. Thomson said would the Center still have the majority of events? Kichter.raid the reason
private management companie,r are hired by citie.r, univerritie.r and othergovernmental entities to run Centerr is for the
profe.c.rional.r that it can bring. Without the re.rouree.r of Compa.r.r the growth curve zvould have taken much longer and
the.rucce,r.r much delayed. Comjias.c o�er,r net�vorking po.r.ribilitie.r. Staff i.r trained by the corj�orate o�fzce. He can tap
into the e.�c�erti,re of colleague.r in other Comj�a.r.r facilitief.
Thomson questioned the attendance at music concerts asking if 1,000 was typical. �ichter.raid 1,500
to 2,000 iva.r typical for national touring act.r. Capacity for re,rerued.reat.r i.r 5,400 andgeneral admi.ccion i.c 7,000.
Phil Potter, Compass Management, said he was impressed with the Swiftel Center's staff and the
facility. He agreed that the axena has been underserved. HoweveY,he noted that Brookings was not
and would nevet be the entertainment capital of the world. Brookings has the problem of being
close to two successful laxgex markets: Sioux City and Sioux Falls. We need to figure out a reason
to give promoters to come to Brookings. An attraction is that this town is underserved and people
don't have traffic to fight like in Omaha. Promoters may also be intrigued with college students.
He also has to be sensitive to ticket prices in this area. However,traditionally college students don't
spend a lot of money. Building up the Swiftel Center as an entertainment venue is a long process.
Trust must be built with promoters. Timing is also an issue. Summer isn't good. Friday nights in
the fall aYe for football. He plans to establish relationships with promotexs and hopefully after one
or two successful shows the numbers will increase. He also believes in the Center partnering with
the promoter to absorb a loss if there is one.
City Space Needs Stud� Falken said that he is looking for direction from the Council on the next
step with this issue. He noted that the City exptessed intetest in pursuing a space needs study. A
motion was made by Bardey, seconded by Reed, to initiate a RFP phase one study fot space needs.
All present voted yes;motion carried.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjouxned at 8:07 p.m.
City of Brookings
S . Munsterman,Mayor
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���� rnes,City Clerk