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HomeMy WebLinkAboutCCMinutes_2003_09_09 126 Brookings City Council Tuesday, September 9, 2003 The Brookings City Council held an action meeting on Tuesday, September 9, 2003 at 5:30 p.m. at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. Council Member Tom Bozied was absent. City Manager Mike Williams, City Attorney Steve Britzman, and Shari Thornes, City Clerk, were also present. Consent Agenda. Resolution No. 53-03 was removed frotn the consent agenda. A motion was made by Roden, seconded by McClemans, to approve the consent agenda which included adoption of the agenda as amended, approval of the August 26, 2003 minutes, action on Resolution No. 50-03 for a lease to Jason Van Kooten for Airport hay land, action on Resolution No. 51-03 for a lease to Duane Knutson for Airport farmland, and action on Resolution No. 52-03 to provide support to the First Planning District Association of Local Governments annual dues. All members present voted yes to approve; motion carried. Resolution No. 50-03 Resolution of Intent To Lease Real Property To Private Person BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Jason Van Kooten for a period of three (3) years, commencing January 1, 2004 and ending December 31, 2006, and pertaining to the following described property: The designated hayland and farmland on the Brookings Municipal Airport, two hundred forty-two (242) acres more or less in Section 27-T110-R50 in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Thirty-five Dollars and no Cents per acre ($35.00) for hayland and Si�cty-one Dollars ($61.00) per acre for cropland, payable first half on April 1 and the remaining half on November 1 of each year. The Lease may be renewed by notification by Lessee by December 31 for each additional year, however, either party may give sixty (60) days notice prior to the termination of the Lease to terminate said Lease Agreement, and the City of Brookings may ternunate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on September 9, 2003 at 5:30 o'clock P.M, at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution No. 51-03 Resolution of Intent To Lease Real Property To Private Person BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Duane Knutson for a period of three(3) years, commencing January 1, 2004 and ending December 31, 2006, and pertaining to the following described property: The designated farmland south of the Brookings Municipal Airport, eleven (11) acres more or less in Section 35-T110-R50 in the City ofBrookings, Brookings County, South Dakota. The Lease will be an amount of Forty-five Dollars and no Cents per acre ($45.00), payable first half on April 1 and the remainin� half on November 1 of each year. The Lease may be renewed by notification by Lessee by December 31 for each additional year, however, either party may give sixty (60) days notice prior to the termination of the Lease to terminate said Lease Agreement, and the City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on September 9, 2003 at 5:30 o'clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. 127 Resolution No. 52-03 Resolution Providiag Support to the First District Association of Local Governments BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City of Brookings agrees to provide Four thousand, eight hundred fifty-one dollars ($4,851.00) of support to the First District Association of Local Governments for the twelve (12) months commencing October l, 2003 and ending September 30, 2004, payable in February 2004. (Bezdichek arrived at 5:32 p.m.) Resolution 53-03 — Caaital Card Services. A motion was made by Reed, seconded by Whaley, to approve Resolution No. 53- authorizing a parking agreement with Capital Card Services and authorizing transfer of land to the Brookings Economic Development Corporation. All present voted yes; motion carried. Resolution No. 53-03 A Resolution Authorizing Transfer Of Land To Brookings Economic Devetopment Corporation, Inc. For Sate To C�pital Card Services,Inc. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: WHEREAS, the Brookings Economic Development Corporation, Inc. has eniered into a Purchase Agreement with Capital Card Services, Inc., a South Dakota Corporation, for the sale and purchase of Five (5) acres of land located in the Southeast corner of Wiese Addition to the City of Brookings, South Dakota, described as follows: Lot One(1) of Block Eight(8) of Wiese Addition to the City of Brookings, County of Brookings, State of South Dakota, and WHEREAS, it is in the best interests of the City of Brookings that the City provide its economic development assistance in this matter to aid and assist with the completion of the aforesaid transaction which will further economic development in the City of Brookings; and , 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 title to the above-described property to the Brookings Econorruc Development Corporation, Inc. for sale of the above-described property to Capital Card Services, Inc.; and B. That a Perpetual Joint Use Parking Agreement be negotiated by the City of Brookings and Capital Card Services, Inc. tn a form subject to the approval of the City Manager and City Attorney; and C. That the City Manager is authorized to execute the documents and agreements in accordance with this Resolution. Open Forum. Jess Kuechenmeister expressed concern regarding vandalism and removal of playground equipmez�t at Camelot Park. Board of Health Reaort. Dr. Merritt Warren, Board of Health Chair, reported on the following current landfill programs that included the free fa11 leave disposal program, obtaining the State storm water permit, obtaining an exception from the Needed Air Quality Permit, needed replacement of the scale software, survey of state landfill and recycling programs, the 2005 trench, and a garage collection rate increase of 6% commencing on July 1, 2004. No action was taken. Resolution No. 47-p3—Biltboard Sign. A public hearing was held on Resolution No. 47- 03 for a lease of the Telkamp Park Industrial Land for a billboard sign. All present were given an opportunity to be heard. A motion was made by McClemans, seconded by Reed, to 128 approve Resolution No. 47-03 and to amend the Lease Agreement to 120 days under Sections 4 and 5, page two. All members voted yes; motion camed. Malt Bevera�e License — Schoon's Pu6, Inc. A public hearing was held on a request for an on-off sale malt beverage license to Schoon's Pub, Inc. (dba P&P Pub), Jon Schoon owner, for a new business to be located at 318 2°a Street South. All present were given an opportunity to be heard. A motion was made by Reed, seconded by McClemans, to approve the request. All members voted yes; motion carried. Video Lotterv License Reauest— Schoon's Pub, Inc. A motion was made by McClemans, seconded by Whaley, to approve a video lottery license request from Schoon's Pub, Inc., Jon Schoon, owner, for a new business to be lacated at 318 2°d Street South. All members voted yes; except Munsterman, motion carried. Temaorarv Liauar License — HvVee. A public hearing was held for a temporary liquor license for HyVee for an event to be held at the American Legion on September 19�'. All present were given an opportunity to be heard. A motion was made by McClemans, seconded by Roden, to approve a temporary liquor license. All members voted yes; motion carried. Ordinance No. 25-03 — Code Amendment. A motion was made by Reed, seconded by McClemans, to approve the second reading of Ordinance No. 25-03, an Ordinance amending Section 78-32 of the Code of Ordinances of the City of Brookings, South Dakota to comply with the "Revenue Neutral" requirements of SDCL 10-52-16 and pertaining to the municipal sales and service and use t� in the City of Brookings, South Dakota. All members voted yes; motion carried. Ordinance No. 27-03 — Code Amendment. A motion was made by Bezdichek, seconded by Roden, to approve Ordinance No. 27-03, an Ordinance amending Section 78-32 of the Code of Ordinances of the City of Brookings, South Dakota, and pertaining to the use of Municipal Sales and Service and Use Tax Revenue in the City of Brookings, South Dakota. All members voted yes; motion carried. ;t Resolution No. 54-03 — Sales, Use and Service Taa. A motion was made by McClemans, seconded by Reed, to approve Resolution No. 54-03, a resolution documenting the review, amendment and intent to continue the Sales, Use and Service Tax of the City of Brookings, South Dakota. All members voted yes; motion carried. Resolution No. 54-03 A Resolution Documenting The Review,Amendment And Intent To Continue The Sales,Use And Service Taz Of The City Of Brookings, South Dakota. WHEREAS, the City of Brookings has reviewed the existing sales, use and service tax ordinances set forth in Chapter 78 of the Code of Ordinances of the City of Brookings in order to determine compliance with the provisions of 5DCL Chapter 10-52 and 10-52A, and WHEREAS, the review of the existing sales, use and service tax ordinances was also performed as required by SDCL 10-52-3 in order to determine and enact a rate of sales, service and use taxation that, in the exercise of the sound discretion of the City Council, would be expected to produce no more total revenue than was collected in the immediately preceding year except for increases in revenues projected to occur because of economic growth, and WHEREAS, as a result of the foregoing review, the City of Brookin�qs has revised Chapter 78 of the Code of Ordinances of the City of Brookings to comply with the provisions of SDCL Chapter 10-52 and 10-52A, with the revisions set forth in Ordinance 25-03 and Ordinance 27-03. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota that this Resolution and the two Ordinances referred to herein which amend the sales, use and service tax in the City of Brookings to comply with SDCL Chapters 10- 52, 10-52A and related State sales and use tax laws, sha11 be recorded in the official minutes of the City Council and together with this Resolution sha11 constitute the documentation of 129 the review, amendment and the intent of the City Council to continue the sales, use and service tax of the City of Brookings, as amended by the foregoing Ordinances, and as provided in SDCL 10-52-3. Ordinance No. 26-03 — Code of Ordinances Amendment — Chapter 74. A motion was made by Bezdichek, seconded by Reed, to approve Ordinance 26-03, an ordinance amending Chapter 74 of the Ordinances of the City of Brookin�s and pertaining to sidewalk advertising and decor and the placement, display and sale of inerchandise, food and beverages and outdoor dining on sidewalks in the Central Business District of the City of Brookings. All members voted yes; Roden abstained, motion carried. Ordinance No. 28-03 — Aunropriation Ordinance. A motion was made by McClemans, seconded by Reed, to approve first reading of Ordinance No. 28-03, Fiscal Year 2004 Appropriation Ordinance, an ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 204 Fiscal Year and providing for the annual taY levy and annual t� for all funds. All members voted yes; motion carried. Second reading to be held September 23, 2003. Ordinance No. 29-03— Conditional Use Permit. A motion was made by Roden, seconded by McClemans, to approve first reading of Ordinance No. 29-03, an ordinance for a Conditional User Pernut to establish a boardin�house on Lot 4, College Addition (620 Faculty Drive). All members voted yes; motion carried. Second reading to be held September 23, 2003. Ordinance No. 30-03 — Rezone. A motion was made by McClemans, seconded by Roden, to approve first reading of Ordinance No. 30-03, an ordinance rezoning Lot 1 and the east 23' of Lot 2, Block 5, Skinner's Second Addition from a Residence R-2 District to a Planned Developrnent District (928 4�' Street). All members voted yes; motion carried. Second reading to be held September 23, 2003. Ordinance No. 31-03—Conditional Use Permit. A motion was made by Roden, seconded by McClemans, to approve first reading of Ordinance No. 31-03, an ordinance rezoning the south 1/z of Outlot 4, excluding the west 330', in the SW '/o , NW '/4 of Section 23-T110N- RSOW from a Residence R-IA District to an Industrial I-1 District (1214 Western Avenue). All members voted yes; motion carried. Second reading to be held September 23, 2003. Ordinance No. 32-03 — Conditional Use Permit. A motion was made by Reed, seconded by Whaley, to approve first reading of Ordinance No. 32-03, an ordinance amending the zoning ordinance pertaining to signs. All members voted yes; motion carried. Second reading to be held September 23, 2003. Resolution No. 55-03 —Guadalaiara's Oaerating A�reement Renewal. A motion was made by Whaley, seconded by Reed, to approve Resolution No. 55-03, a resolution renewing the operating agreement with Guadalajara's. All members voted yes; motion carried. Resolution No. 55-03 Guadalajara's Wine Operating Agreement BE IT RESOLVED by the city 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 Guadalajara's, Juan Carlos-Vega, owner, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at Guadalajara's. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City, which sha11 be for a period of ten years with a renewal in five (5)years. Briefing. City Manager Michael Williams provided a briefing on the September 23`a agenda items. Adiournment. A motion was made by Munsterman, seconded by Whaley, to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:52 l30 CITY OF BROOKINGS � Sc D. M sterman, Mayor ATTE • e, c .,,�rj ca .yo p � o°,� Sh �.1�Qr�� ity Cle qkOTA S �,