HomeMy WebLinkAboutCCMinutes_2008_01_08 468
Brookings City Council
January 8, 2008
The Brookings City Council held a meeting on Tuesday,January 8,2008 at 5:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,
Mike Bardey,Ryan Brunner,Titn Reed, Ginger Thomson,and Tom Bezdichek. City Manager
Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
5:00 P.M. WORK SESSION. A BATA (Brookings Area Transportation Association) request for
supplemental funding was added to the work session.
SDSU Wellness Center. Doug Wermedahl, SDSU Assistant Vice President for Student Affairs at
SDSU,and Shari Landmark,Wellness Center Director,updated the City Council on the SDSU
Wellness Center construction project, estimating opening Fall 2008.
Park& Recreation Board's recommendations on the "Red Rink" at the Larson Ice Center
Jeffrey Weldon, City Manager,reported on the following Yecommendation from the Park and
Recreation Board to revise the Ciry's curxent policy for the Larson Ice Center to state all animal
events would be prohibited in the Larson Center Red Rink. "Motion was made by Keith Rounds,
seconded by Duane Moe that,in recognition of the current City Council policy that animal events in
the Larson Ice Center Red Rink are considered by the City Council on a case by case basis, the Park
and Recreation Board, as a recommendation to the City Council,prefers that animal events not be
scheduled in the Red Rink,and further re-affirms that priority use of the Red Rink continues to be
for ice skating progxams on a year-xound basis." The motion was approved by unanimous vote of
the seven board members present.
Weldon noted that this has been a long standing request fxom the local hockey association
Brookings Ice Skating Association (BISA) and now from the Park and Recreation Board. He
requested the Council's thoughts on this issue,which could be scheduled for further action at a
future meeting.
He cited the following options for Council consideration:
1) Let the current policy stand;
2) Adopt the Park and Recreation Board recommendations;or
3) Deny and defex this issue to staff and handle administratively.
Bartley asked if there have been any requests to use the facility for animal events in 2008. Tom
Richter, Swiftel Center Executive Director, said potentially in May with the SD Quarter Horse
Association. Submittal of bids for the 2011 Arabian Region 6 Show are not due unti12009. It was
clarified that the Council previously approved additional expenditures needed to provide for the
2008 Quarter Horse Show (i.e. tent xentals).
Bartley objected to the prohibition of"no animals" citing several examples of possible animal shows
and/or uses in that facility. He said he found it difficult to accept prohibition as a premise when it's
a public facility. He agreed that ice is the priority for the facility;however,when there's no ice he
felt it's an administrative decision on how to use this city facitity. He cited other examples of city
facilities being used fox other uses during an off-season. He requested this issue be placed on a
future agenda for discussion and he prefers an administrative review. He would love it if hockey
could use the faciliry year-round if it finds a plan that works and can pay for it. However,in the
meantime he felt saying no to all animals is a really broad swipe. He felt it should be a case-by-case
review done administratively and not by the Council. He cited with the 2009 Axabian bid, city staff
would work with the city manager who would review the projected ice needs of the facility and
possible economic impact of the event. He leans heavily towards a hands-off policy just like all
other properties in the city. The city manager makes those decisions and the Council should be out
of it.
Weldon said the Park and Recreation Board met last night and woxked out an operating agreement
with BISA for a summer ice schedule that would begin in July 2008. The horse events held in May
and June would still work out. Ice is off in mid March.
Bardey noted the facility could be used for something else in the months of April,May and June,but
hopes the ice could be year-round at some point.
469
Whaley referred to the City Council packet memo that indicated a verbal xeport would be given on
that agreement at this meeting.
Marc Richards, Recreation Superintendent, reported that City staff inet with BISA regatding an
extended ice season. The previous sutnmer season was three weeks in July and the fitst week in
August and then starting again at the end of Octobex ending in March. Richards reported that an
agreement has been reached to have a summer ice season starting July 1"through the end of March.
The additional four weeks of ice and all expenses will be covered by BISA. This is a one year
operating agreement.
Weldon noted that the Council will be pxovided with a copy of the agreement.
Thomson asked how much it costs to have ice for a month. Richards said$80/hout under the
current operating situation with all expenses based on days of use.
Whaley said she was at the December 3, 2007 Park and Recreation Board meeting when this
recommendation was made and read the recommendation from the packet. She referred to the
original Council adopted policy from September 23,2003, and said she felt that what was
recommended in 2003 and what is being recommended now is consistent,which is to not have
animals. She further noted that the 2003 motion cites long term site plan and read the following
motion from 2003:
`2.arron Ice Center — Policv Becommendation. A motion sva.r made by Murr.rterman, .reconded by
Be�dichek, to approve a policy u�ith the follo2ving amendment.r: 1) Use of the Lar.ron Ice Center red rink
ivoudd be uia the City Council aj�proval on a ca.re-by-ca.re ba.ri.r;2) The1bolicy clearly d�ne u�ho i.r re,rpon.cible
for clean-up of the I.arson Ice Center and at 2vhat condition avould be reguired. 3) l�egarding the Suriftel
Center u.rage, the City Council commit them.celve.r to fini,rhing a long term site�ilan for that area taking into
con.rideration the,ccope of the Ssviftel Center.
A motion wa.r made by McClemans, .reconded by Bo�ied, to amend the main motion to .rtate the Larron Ice
Center red rink be not u.red for animal.r at all. All pre.rent voted ye.c exce�it Be�dichek, Keed, Koden, and
W�haley;motion failed to amend.
A motion wa.r made by Koden, .reconded by Be�dichek, to amend the main motion to addre.rs the three point.r
individually.All pre.rent voted ye.r;except Mun.rterman, Beed, and Bo�ied;motion carried to amend.
Main motion 1) U.re of the L.ar.ron Ice Center r�d rink�vould be via the City Council approvad on a caae-by-
ca.re ba.ris. A motion �va.r made by McCleman.r, .reconded by Keed, to amend the main motion to .rtate the
L.ar.ron Ice Center be available 3 time.r 2005, 2006 and 2007 for the Arabian Horre Show, if no other
.cuitable building i.r available. All votedye.r;motion carried to amend. On the main motion a.r amended, u.re
of the Larron Ice Center red rink svould be via City Council apj�roval for three time.r in 2005, 2006, and
2007 for the Arabian Horre Shozv, if no other.ruitable building i.r available. All present voted ye.r;motion
carried.
Main Motion 2) The policy clearly define zvho is r�.rpon�zble for clean-up of the Larron Ice Center and at
what condition would be requir�d. All pre.cent votedyes;motion carried.
Main Motion 3) Kegarding the Suriftel Center usage, the City Council commit them.relve.r to fini.rhing a long
term .rite plan for that area taking into con.rideration the .rcope of the Sunftel Center. All present voted ye.r;
motion carried."
Brunner compated the Ice Arena to other city facilities that axe used solely for theix primary uses.
He hopes that BISA could use the Center for year-round ice and agreed with Whaley on getting a
long term site plan completed. He also agreed with the Park Boaxd's recommendation for a policy
of no animals in the red rink. He noted that private funding and private individuals stressed when
they donated for this project that they wanted an ice axena and he feels it's unportant to honor those
donors and that original intent. He said the SDSU Wellness Centet has established an oversight
committee to make sure the original intent of the facility was followed and maybe something like
that should have been set up for the ice arena.
Munsterman said tlie City already has a poliry established and agreed with Bartley that it was
probably time to turn this over to staff and allow them to work with the policy on the books and
meet with people to see what could be worked out. Noting that policy ditection was need, the City
Manager could come back to the City Council. Weldon clarified that this would mean that the city
manager would handle the administration and these issues would no longer be on a case-by-case
470
basis with the Council. Munsterman said yes, but the City Manager should talk to the Council about
any major deviations.
Reed asked if following the current policy meant only allowing animals on an exception basis and
the Council makes that decision. Yes,the no animal policy would stand and the city manager would
only bring exceptions to the Council for consideration when appropriate.
Bardey recommended that policy be changed at some point to give the city manager approval
authority for those exceprions rather than Council. He urged the Council to be specific in their
direcrives. He questioned if they mean no animals in the arena or do they just mean horses. If it's
just horses, then he urged them to state that. However,he didn't feel a complete moxatorium on all
animals was reasonable to the tax payers for this facility. He recommended further discussion at a
futuxe meeting and didn't feel the issue would be resolved completely.
Munsterman agreed with Bardey that there should be a good discussion on both issues separately.
Whaley noted that the previous council action on the policy was a unanimous vote of all seven
members.
ACTION: A motion was made by Bardey, seconded by Thomson,to direct the.city manager and
city attorney to draft Larson Ice Center policy options for various scenarios for council review and
possible action at the February 12`''work session. All present voted yes;motion carried.
Discussion regarding the City's Reseatch&Technolog,y Center rental rates.
Ciry Manager Weldon received a response from a tenant following the Council's action of
December 11�'adjusting the rental rates for the Center adjusting year 6 from$8.75 to $10 with
consumer price index (CPn escalator. Weldon said the tenant submitted additional information
making a case for hardship due to the timing of rent. Their cutrent lease expires January 31,2008.
In light of that new information,he felt the Council should be made aware in case any type of
reconsideration of that issue was desired.
Munsterman asked the City Engineer when she first initiated contact with those tenants regarding
the proposed rental rate changes. He noted that the Council postponed action for a tenant and no
one attended the meetings. Jackie Lanning,Ciry Engineer said the first time was June or July 2007
with additional discussion in the fall. The Council ta.bled action on November 27�' to December
11`}'. She furthex noted a question from another tenant (BioGenetics) and it was determined that
their lease wasn't up for renewal until 2009 and their rate remains at$8.75 until then. She also
received a request from a tenant that the Council revisit old minutes from the former Agri-Plex
Boaxd that ovetsaw that facility and originally solicited those businesses.
Munsterman asked if more time for the tenant was the issue. Weldon said yes,that the council
could consider a six month extension.
ACTION: A motion was made by Brunnez, seconded by Whaley, to provide a six month extension
for Syngenta Seeds. All pxesent voted yes;motion carried.
Staff requested clarification on the rate structure. The Council clarified that the Research and
Technology Center's lease rates to market rate with base at$10.00 and establish three year lease with
increases annually tied to consumer price index each year of the lease with a market evaluation done
at the end of the 3-year lease and allowing them to tertninate annually during the term of the 3-year
lease.
Creation of Complete Count Committee for Census. Council Member Reed requested
discussion of this item at a February meeting,noting that a committee needs to be formed by mid-
year in time to provide a budget line.
Legislarive Updates. This will be a standing item on the agenda throughout the Legislative
Session.
Bezdichek announced that the Vision Bxookings gxoup hired Arne Bxown as a lobbyist for
Brookings'issues. .
6••00 ti.m. Meeting Review. Ciry Manager Weldon noted change to the 6:00 p.m. meeting and
responded to questions.
471
BATA Supplemental Funding Rec�uest. Weldon reported that BATA representatives have
expressed concern about the level of funding fox transportation. The ta�service is no longer
available and BATA is intexested in expanding to provide this service. Weldon said the City
approved$80,000 for fiscal year 2008 for the following transportation needs: BATA at$25,000;
$5,000 SDSU Safe Ride Program;and$50,000 for taxi which no longer e�usts. He noted that the
City recendy approved the cxeation of a Transportation Boazd to develop a work plan for the use of
those funds,which will be up and running in February. BATA is receiving additional Federal
matching funds. The city's plan was to distribute the$25,000 to BATA and let the rest of the fund
sit until the Boaxd has the opportunity to review and recommend. Since he received this request fox
an additional appropriation to expand services right away,he felt it appropriate to shaxe with
Council for discussion and direction.
Is thexe a desire to maintain a level of service duxing the interim to a comprehensive plan? WeZdon
said he could give the $25,000 and additional funds but doesn't want to undermine the new Board.
BATA is in a funding tunirig issue where expansion of services is desired while expanding Federal
matching funds.
Thomson asked for clarification if BATA is asking for more than the budgeted$25,000. Yes,they
originally asked for$50,000.
Bardey expxessed concern about giving funds to an organization that hasn't submitted a business
plan. He xecommended that BATA come to a meeting with an emergency request in writing for
council review and action.
Munsterman recommended that the City Manager draft an interim plan to addtess services until the
Board can review and make recommendations and bring that plan back to the Council as soon as
possible.
Bezdichek noted similarities to the recent airpoxt service funding request. Bartley noted that a
formal plan was pxesented in that case.
ACTION: A motion was made by T'homson, seconded by Reed, to direct the City Manager to pull
together an interim transportation plan for council review and action. All present voted yes;motion
carried.
6:00 P.M. CITY COUNCIL MEETING. Mayor Munstexman noted the addition of
Resolution No. 07-08,A Resolution Authorizing the Transfer of Real Property to Bxookings
Economic Development Corpoxation, Inc. for Economic Development Purposes, and changing the
agenda oYder as follows: #11-Executive Session for legal/contractual issues, #12—Resolution No.
06-08, #13-Item Resolution No. 07-08, #14- Executive Session for pricing/ma�cketing and
legal/contractual issues.
Consent Agenda: A motion was made by Reed,seconded by Whaley, to approve the consent agenda
which included: �
A. Agenda, as amended.
B. Action on Resolution No. 01-08, CCO#1 (Final) for 2007-08STI Street Maintenance
and Overlay Project.
Resolution No. 01-08
. A Resolution Authorizing Final Change Order (CCO#1 Final) For
2007-08STI, Street Maintenance and Overlay Project Bowes Construction,Inc.
BE IT RESOLVED by the City Council that the following change oxdet be allowed for
2007-08STI: Street Maintenance and Overlay Project: Construction Change Order Number
1 Final. Adjust estimated quantities as "as build" for a total decrease of$26,065.18.
C. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as surplus
properry.
Resolution No. 02-08 -Declaring Surplus Property
WHEREAS, the Ciry of Brookings is the owner of the following described heavy equipment
formerly used at the City of Brookings Street Department: One (1) 1999 Elgin Pelican
Sweeper serial number P-3062-S
472
WHEREAS,in the best financial interest,it is the desire of the City of Brookings to sell
same as surplus property;
WHEREAS, the City Manager hereby authoxized to appoint three qualified appraisers to
appraise the value of the property;
NOW,THEREFORE,BE IT RESOLVED by the governing body of the Ciry of
Brookings, South Dakota,that this property be declared surplus property according to
SDCL Chapter 6-13. The 1999 Elgin Pelican Sweepex will be replaced with a 2008 Elgin
Pelican Sweeper.
D. Action on Resolution No. 03-08,CCO#1(Final) for AIP#3-46-0005-019-06 Runway
12/30 Rehabilitation Brookings Regional Airport.
Resolution No. 03-08
A Resolution Authorizing Final Change Order (CCO#1 Fina1) For
AIP# 3-46-0005-019-06,Runway 12/30 Rehabilitation Brookings Regional Aixport
Bowes Construction, Inc.
BE IT RESOLVED by the Ciry Council that the following change order be allowed AIP
#3-46-0005-019-06, Runway 12/30 Rehabilitation Brookings Regional Airport:
Construction Change Order Number 1 Final. Adjust estimated bid quantities to "as build"
quantities for a total decrease of$52,832.02.
E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at the
Brookings Regional Aitport.
Resolution No. 04-08
A Resolution Setting Certain Lease Rates at the Brookings Regional Airport
WHEREAS, the City of Brookings is the owner of all land located within the Bxookings
Regional Airport boundaries;and
WHEREAS, the land at the Brookings Regional Airport is available for lease by the City of
Brookings; and
WHEREAS,the City is desirous in establishing land lease rates at the Brookings Regional
Airport for hangar and property usage;and
NOW THEREFORE,BE IT RESOLVED that the land lease rate be set at$0.10 per square
foot for 2008.
F. Action on Resolution No. 05-08,Resoludon setting up a road district in River Ridge
Addition.
Resolution No. 05-08
Resolution Authorizing River Ridge Road District,
Brookings Counry,South Dakota
WHEREAS, the City of Brookings has received a petition requesting the organization and
incorporation of the River Ridge Road District;and
WHEREAS, said petition indicates the desire of qualified landowners within the proposed
boundaries to create the R.iver Ridge Road District;and
NOW, THEREFORE, BE RESOLVED, that the City of Brookings appxoves the request
for the R.iver Ridge Road District.
On the motion, all present voted yes; motion carried.
18t Reading—Ordinance No. 02-08—Budget Amendment. Fixst reading was held on Ordinance
No. 02-08, an Ordinance Entided"An Ordinance Authorizing a Supplemental Appropriation to the
2008 Budget for the Purpose of Providing for Additional Funds for the Operation of the City.
Public Hearing• January 22, 2008
473
1S`Reading,—Ordinance No. 03-08—Rezone. First reac�ing was held on Ordinance No. 03-08,
an Ordinance on a petition to rezone the north 1,550 feet of the west 1/2 of the NW '/a of Section
2-T109N-RSOW, excluding Oudot C in the NW '/a of the NW '/a and Lot D of the Christie Addition
fxom an Agricultural A District to a Residence R-2 and R-3 Districts. Public Hearing.• January 22,
2008.
1S`Reading—Ordinance No. 04-08—Zoning Ordinance. First xeading was held on Otdinance
No. 04-08, an Ordinance amending the zoning oxdinance pertauung to maintenance buildings on
lots in certain business districts. Public Hearing: January 22, 2008.
Preliminary Plat. A motion was made by Whaley, seconded by Bartley, to approve a preliminary
plat of Moriarty Heights Addition in the NW '/a of Section 2-T109N-R50W. All present voted yes;
motion carried.
Executive Session. A motion was made by Brunner, seconded by Whaley, to enter into Executive
Session at 6:15 p.m. for legal/contractual matters with the City Council, City Attorney,City
Manager,BEDC Representatives A1 Heuton and Mike Struck, and City Clerk present. All present
voted yes;motion carried. A mobion was made by Reed, seconded by Thomson, to exit Executive
Session at 6:43 p.m. All present voted yes;motion caxried.
Resolution No. 06-08—Real Property Transfer. A motion was made by Whaley, seconded by
Reed, to approve Resolution No. 06-08,A Resolution Authorizing the Transfer of Real Property to
Brookings Economic Development Corporation, Inc. fox Economic Development Purposes. All
present voted yes;motion carried.
Resolution No. 06-08
A Resolution Authorizing the Transfer of Real Properry to Brookings Economic
Development Corporation, Inc. for Economic Development Purposes
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota.as follows:
WHEREAS, the Brookings Economic Development Corporation, Inc. desires to purchase
approxirr�ately 7.7 acres of xeal property located in Telkamp Industrial Addition,more accurately
described as Lot 2A,Block 3,Telkamp Industrial Addition of Section 30,R49W,T110N of the Ciry
of Brookings, South Dakota, for a price of$10,000 pex acre,and
WHEREAS, for the express purpose of furthering economic growth and development of the City
of Brookings,South Dakota the Bxookings Economic Development Corporation, Inc. agrees to sell,
convey or otherwise transfer said properry to a lega.l entiry which is,or will be,conducting business
in the Ciry of Brookings, South Dakota, and
WHEREAS,it is in the best interests of the City of Bxookings that the City provide its economic
development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will fuxther economic 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 the above-described property to the Brookings Economic
Development Corporation, Inc. fot sale of the above-described property to a business;and
B. That the Mayor, City Clerk and City Manager are authorized to execute the xequired
documents in accordance with this Resolution.
Resolution No. 07-08—Real Property Transfer. A motion was made by Thomson, seconded by
Reed, to appxove Resolution No. 07-08,A Resolution Authorizing the Transfer of Real Property to
Brookings Economic Development Corporation, Inc. for Economic Development Purposes. All
present voted yes;motion carried.
Resolution No. 07-08
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 Brookings, South Dakota as follows:
474
WHEREAS, the Brookings Economic Development Corporation, Inc. desires to:
A. Purchase up to 30 acxes of real property located in Wiese Addition to the City of
Brookings,South Dakota, for the price of zero dollars &no cents.
WHEREAS, 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 ttansfer said property 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 interests of the City of Brookings that the City pxovide its economic
development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Brookings;and
WHEREAS, the City is authorized to enter into this transaction as an economic development
activity under the laws of the State of South Dakota;and
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings,
South Dakota,as follows: �
That the City convey tide to, and hold,the above-described property to the Brookings Economic
Development Corporation, Inc. for the purposes of furthering economic growth and development
of the City of Brookings, South Dakota;and
A. That the City convey tide to the above-described pxoperty to the Brookings
Economic Development Corporation, Inc. for sale of the above-described property
to a business;and
B. That the MayoY, City Clerk and City Managet are authorized to execute the required
documents in accordance with this Resolution.
Executive Session. A motion was made by Brunner, seconded by Reed, to enter into Executive
Session at 6:45 p.m. to discuss marketing and pricing strategies with the Ciry Council, City Attorney,
Ciry Manager,Brookings Municipal Utilities xepresentatives Steve Meyer and Laura Julius, and Ciry
Clerk present. All present voted yes;motion carried. A motion was made by Bartley, seconded by
Whaley, to e�cit Executive Session at 8:04 p.m. All present voted yes;motion carried.
Adjourn. A motion was made by Thomson, seconded by Reed, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 8:04 p.m.
C� o ookings
��j�t OF.gRQD
� �• �NCORp .f'
o:' ,y�1� Z'' co . unsterman,Mayor
�' IqR g s
Zcs,.� � ,�Q
� �v✓ l
C�SOUT
hari Thornes,City Clexk