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Home My WebLink AboutCCMinutes_2003_09_23 134 Brookings City Council Tuesday, September 23, 2003 The Brookings City Council held an action meeting on Tuesday, September 23, 2003 at 5:30 p.m. at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tom Bozied, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. City Attorney Steve Britzman, and Shari Thornes, City Clerk, were also present. City Manager Mike Williams was absent. Consent A eg nda, A motion was made by Roden, seconded by Reed, to approve the consent agenda which included adoption of the agenda, approval of the September 2, 2003 (2 meetings) September 9, 2003 (2 meetings), and the September 15, 2003 minutes; action on an appointment of Ray Froehlich to the Board of Appeals (term expires January l, 2008); action on various Council policies: Direction to the City Manager; Discussion on Action Items required prior to Council action; Yacancy on Council; Ordinance First Reading; Financial Report Schedule; and Irtsurance; action on Resolution No. 56-03, a resolution authorizing a Final Change Order for P3333(00) PCEMS 6278, Western Avenue Overlay from 6�' Street to Highway 14 Bypass; and action on Resolution No. 58-03, a resolution vacating an easement in Tract A of Lot 3, Tract C of Lot 3 and Lot 6, Southbrook Addition. All members present voted yes to approve; motion carried. Resolution No. 56-03 Resolution Authorizing Final Change Order(Cco#1 Final) For P3333(00) PCEMS 6278, Western Avenue Resurfacing And Pavement Marking Project BE IT RESOLVED by the City Council that the following chan�e order be allowed for P3333(00)PCEMS 6278. Construction Change Order Number 1 Fina1 Adjust estimated quantities as"as build" for a total decrease of$19,913.41. Resolution No. 58-03 Vacation Of Easement In Tract A Of Lot 3,Tract C Of Lot 3,And Lot 6, Southbrook Addition r BE IT RESOLVED By The City Of Brookings, South Dakota WHEREAS, The City of Brookings has been granted a certain utility easement in Tract A of Lot 3, Tract C of Lot 3, and Lot 6, Southbrook Addition by virtue of Fina1 Plats entitled Plat of Southbrook Addition filed in Plat Book 13, Page 7 and Plat of Tracts A, B, and C of Lot 3 of Southbrook Addition filed in Plat Book 14, Page 26; and WHEREAS, The owners of the aforementioned real property have petitioned the City of Brookings to vacate a previously granted utility easement. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Brookings that the utility easement located in the south ten feet (10') of Tracts A and C of Lot 3 and Lot 6, Southbrook Addition be vacated. FURTHERMORE, That a copy of this resolution be filed with the Brookings County Register of Deeds and that said Register of Deeds be requested to mark upon the above references plats in Book 13, Page 7 and Book 14, Page 26, the vacatin� of said easement and note reference to the proper miscellaneous record. Ordinance No. 29-03— Conditional Use Permit- Boardinghouse. A public hearing was held on Ordinance No. 29-03 for a Conditional Use Permit to establish a boardinghouse on Lot 4, College Addition (620 Faculty Drive). All present were given an opportunity to be heard. A motion was made by Whaley, seconded by Bezdichek, to approve Ordinance No. 29-03. All members voted yes; except Bozied, Reed, McClemans, and Roden, motion failed. Ordinance No. 31-03 — Rezone — 1214 Western Avenue. A public hea.ring was held on Ordinance No. 31-03, an ordinance rezoning the south '/2 of Outlot 4, excluding the west 13 � 330', in the SW '/a , NW '/a of Section 23-T110N-RSOW from a residence R-lA District ta an Industrial I-1 District (1214 Western Avenue). All present were given an opportunity to be heard. A motion was made by Roden, seconded by McClemans, to approve Ordinance No. 31-03. All members voted yes; motion carried. Ordinance No. 32-03 — Amendment to Zoning Ordinance — Pertaining to Signs. A public hearing was held on Ordinance No. 32-03, an ordinance amending the zoning ordinance pertaining to signs. AlI present were given an opportunity to be heard. A motion was made by Bezdichek, seconded by Whaley, to approve Ordinance No. 32-03. All members voted yes; motion carried. Ordinance No. 30-03 —Rezone — 928 4�' Street. A public hearing was held on 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 Planned Development District (928 4�' Street). All present were given an opportunity to be heard. A motion was made by McClemans, seconded Bezdichek, to approve Ordinance No. 30-03. All members voted yes; motion carried. Ordinance No. 28-03 — 2004 Aaqropriation Ordinance. Second reading was held on Ordinance No. 28-03, Fiscal Year 2004 Appropriation Ordinance, an Ordinance appropriating Monies to fund the necessaty expenditures and liabilities o£ the City of Brookings for the 2004 Fiscal Year and providing for the annual tax levy and annual tax for all funds. A motion was made by Roden, seconded by Reed, to approve Ordinance No. 28- 03. A motion was made by McClemans, seconded by Reed, to amend the 2004 budget by leaving the 2004 T�i subsidy funding of $36,330 as is, pay Don Behrend, taxi operator, $3,600 per month for the first six months of 2004 out of the allocated sum, and the City Council will make a policy decision on this matter by July 1, 2004. All present voted yes; motion carried. A motion was made by Reed, seconded by Whaley, to amend the 2004 budget to move $1,000 from the general contingency into the Christmas Decoration Appropriations Subsidy. All present voted yes; except Roden; motion cazried. On the main motion, as amended, all present voted yes; motion carried. :, Ordinance No. 33-03 — Suaplemental Aqpropriation to 2003 Budget Introduction and the First Reading were held on Ordinance No. 33-03, an Ordinance entitled "An Ordinance Authorizing a Supplemental Appropriation to the 2003 budgei for the purpose of providing for additional funds for the operation of the City. A motion was made by Reed, seconded by Whaley, to approve the First Reading of Ordinance No. 33-03. All members voted yes; motion carried. Video Lotterv License Reguest South Main Diner, Todd Voss. A motion was made by Bezdichek, seconded by Whaley, to approve a video lottery license request from South Main Diner, Todd Voss, owner. All members voted yes; Bozied and Munsterman voted no; motion carried. Larson Ice Center — Policv Recommendation. A motion was made by Munsterman, seconded by Bezdichek, to approve a policy with the following amendments: 1) Use of the Larson Ice Center red rink would be via the City Council approval on a case-by-case basis; Z) The policy clearly define who is responsible for clean-up of the Larson Ice Center and at what condition would be required. 3) Regarding the Swiftel Center usage, the City Council commit themselves to finishing a long term site plan for that area taking into consideration the scope of the Swiftel Center. A motion was made by McClemans, seconded by Bozied, to amend the main motion to state the Larson Ice Center red rink be not used for animals at all. All present voted yes except Bezdichek, Reed, Roden, and Whaley; motion failed to amend. A motion was made by Roden, seconded by Bezdichek, to amend the main motion to address the three points individually. All present voted yes; except Munsterman, Reed, and Bozied; motion carried to amend. � � � Main motion 1) Use of the Larson Ice Center red rink would be via the City Council approval on a case-by-case basis. A motion was made by McClemans, seconded by Reed, to amend the main motion to state the Larson Ice Center be available 3 times 2005, 2006 and 2007 for the Arabian Horse Show, if no other suitable building is available. All voted yes; motion carried to amend. On the main motion as amended, use of the Larson Ice Center red rink would be via City Council approval for three times in 2005, 2006, and 2007 for the Arabian Horse Show, if no other suitable building is available. All present voted yes; motion carried. Main Motion 2) The policy clearly define who is responsible for clean-up of the Larson Ice Center and at what condition would be required. All present voted yes; motion carried. Main Motion 3) Regarding the Swiftel Center usage, the City Council commit themselves to finishing a long term site plan for that area taking into consideration the scope of the Swiftel Center. All present voted yes; motion carried. LARSON ICE CENTER POLICY ON PRIORITIES AND USE GENERAL Brookings Parks and Recreation Department is responsible for operation of the Larson Ice Center as an ice skating and multi-purpose recreational facility. To further define priorities, suitable and appropriate multi-purpose use, these guidelines are necessary to determine policies for operation of the Ice Center facility. PRIORITIES Ice skating and related activities are the priority use of the Larson Ice Center, with no exception. During non-ice(dry floor}times, other community recreation activities will have priority use of the Ice Center, with exceptions permitted. Second priority will be use by non-profit and charitable agencies, including Swiftel Center activities. Third priority use during non-ice time sha11 be for commercial and private for-profit rentals. Priorities shall be administered throu�h the Recreation section of the Parks and Recreation Department. Special requests for exceptions that do not fa11 within the scope of these guidelines and policy shall be referred to the Park and Recreation Board for r�view and a decision. 10E SEASON USE Ice Season The Larson Ice Center ice season sha11 include the traditional winter months of late October through March, with extended time at either end by mutual agreement with skating organizations. In addition a summer ice season will be scheduled during late July thru mid- August each year in the Red Rink. Only ice skating or ice related activities will take place during those times ice is in place and ice will r�ot be removed for other uses of the facility. QFF SEASON (DRY FLOOR)USE Multi-Puroose Activities Following previously described priorities, it sha11 be the goal of the city and Parks and Recreation Department to promote as many"dry floor" activities as possible during off- season periods of no ice. In determining the e�ent of use and what constitutes an appropriate activity relative to the suitability of the building to accommodate such use, . . several factors will be considered: 1. Recovery of direct and overhead costs. A. Rental fees shall be adequate, if possible, to cover all direct costs to the city, such as building preparation, post-use cleanup if necessary, use of special equipment, tables, chairs, security, etc. B. Rental fees must also cover the utility costs for the period being used. 2. Potential damage to facili�. A. Activities sha11 not be permitted that have a high likelihood of permanent damage. 137 B. When a small probability of repairable damage is possible, a bond, property insurance coverage, or a refundable deposit fee shall be included in the rental contract. C. When protective measures or equipment are necessary to prevent potential damage, these items shall be available and required as part of the use agreement. 3. Suitabilitx of facili�for special activities. Blue Rink.�Practice Rink): A. Pro�mity to adjacent dirt floor multi-purpose area/holding barn and connecting overhead door passages were intended to allow occasional use for Swiftel Center animal events, with appropriate precautions and special accommodations. B. Floor events such as roller-blading and roller skating, auto shows, auction sales, etc. are suitable events on the unpainted floor. Red Rink(Competition Rinkl: A. Limited use as a support facility for Swiftel Center events, such as trade shows; rummage and auction sales are also suitable uses on the painted floor. B. Not intended for animal events, except on a very timited and occasional basis, upon request. Requests to be approved by Park and Recreation Board and only if adequate safeguards can be assured to prevent damage to the floor and boards. Multi-Purpose ^irt)Floor: �i. When not in use by Swiftel Center for scheduled events, multi-purpose area shall be available for city recreation related activities. A motion was made by McClemans, seconded by Roden, that the City Council review the operating agreement between the Park and Recreation Board and Swiftel Center prior to it being signed. All present voted yes; motion carried. A motion was made by Bozied, seconded by McClemans, to enter exect�tive session for personnel reasons at 8:25 p.m. with the City Attorney and City Clerk present. All present voted yes; motion carried. A motion was made by Bozied, seconded by Whaley, to leave executive session at 9:35 p.m. All present voted yes; motion carried. Adiournment. A motion was made by Roden, seconded by Reed, to adjourn. All present voted yes; motion carried. Meetin�adjourned at 9:35 p.m. CITY OF BROOKINGS � z��l�,�, c nsterman, Mayor ��o� a �: ya= o:• �n .m y� ODTJ •.Z1 1 Gt. � O �V' . `0 y hornes, City Cler