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HomeMy WebLinkAboutCCMinutes_2001_04_23 369 Brookings City Council April 23, 2001 The Brookings City Council convened in regular session on Monday, Apri123, 2001 at 5:30 p.m. in City Hall with the following members present: Mayor Virgil Herriott, Mike McClemans, Tom Bozied, Keri Weems, Bill Davidson (via telephone), Nate Bibby and Sam Artz. City Manager Michael Williams and City Attorney Steve Britzman were also present. Consent Agenda. Motion was made by Bibby, seconded by Bozied, to approve the consent agenda consisting of the Apri19, 2001 and April 16, 2001 meeting minutes; adoption of the agenda; and action on an abatement request received from the SDSU Foundation for a portion of the 2000 property taxes, E145' of Lots 11-12, Block 7, Morehouse Addition. All present voted yes; motion carried. Mayoral State of the Citv Message. " The City's Charter provides that the Mayor shall each year present"an annual state af the City message." It is my privilege now to present my second such message. The year 2000 was the first full calendar year of the Council's e�stence and assumption of its responsibilities. A great deal of time has been spent developing"Governance and Ends Policies." These statements recognize the City Manager as the administrative officer of the city and that he and his staff are responsible for canying out both Council and City Manager policies. The Council's statements also describe the results to be achieved and the limitations on executive action. A copy of this document was recently distributed with the Brookings Register and is available at City Hall and at the Library. Our management structure is somewhat unique compared to most organizations. Usually the"charter" of an organization provides that the board of directors both designates the chief executive officer and defines his (or her)job responsibilities. The Brookings Charter differs in that when the people adopted the Charter they directly delegated certain"powers and duties" to the City Manager position and separately provided that the Council"shall act as a part-time, policy making and legislative body, avoiding management and administrative issues which are hereafter assigned to a City Manager." In my view, this is a good structure however it requires some getting used to by all concerned. That makes the "Governance and Ends Policies" statement of the Council so important in developing clarification and understanding within the Council and between the Council and the City Manager. The preparation and submission of the annual budget is the responsibility of the City Manager however the Council approves the final budget. The City Manager also is responsible for submitting a five-year capital program and a five-year financial plan. We expect this to be fully accomplished in 2001. The Council has assumed full responsibility, subject to the referendum process of the voters, for capital projects to be financed by"2"d penny sales tax receipts." State Law provisions also apply to such projects and the City must comply with those standards. The Council has set guidelines for evaluating proposed projects. These guidelines limit the size of projects and the maximum time period for repayment for each project if funded with Bonds. Due to the lack of funding for such projects in the past, a bi�backlog of community need had developed. The result is that a number of projects have been proposed and have either been funded or are still before us. We recognize that not all citizens support each project, and that not all councilpersons support each project. Democracy provides a process by which the will of the people will be determined. The following 2nd penny sales tax fund projects have been completed or are under construction: The addition to the Public Library; the City/County partnership for the Multi-Plex and its Annex; A partnership project with the Brookings Ice Skating Association for a multi-purpose Ice Hockey Arena and the Holding Barn for the Multi- Plex; and a partnership project with South Dakota State University and the City for a Performing Arts facility. We have formal applications for two additional projects before us. One is for a partnership between the City and the Brookings Area Humane Society and the other is for a partnership between the City and the Brookings Soccer Association and the Brookings Soccer Club for a Soccer Complex on land recently donated to the City by the Fishback Foundation. In addition the Council has committed to a contribution for a portion of the cost of a DM&E railroad by-pass, if that should ever come to pass. The Federal SurFace Transportation Board (STB)would first have to order a by- pass and second the DM&E has a lot of other hurdles to overcome before their project will ever be built. A petition has been filed for a citywide referendum on the February 27, 2001 resolution passed by the City Council. It's a very complex project and no outcome is now predictable. 370 We have carefully and conservatively projected the expected revenue from the 2"d penny sales tax for future years. We have estimated the cost of project applications not yet funded. A very legitimate and continuing discussion goes on over whether the city should fund only those projects for which it has the cash on hand or whether, in certain instances, bonded indebtedness should be utilized with the bonds being retired, with interest, from future 2"d penny sales tax revenues. With the large projects, I don't think there was any reasonable alternative to bond financing. To have waited for a"cash on hand approach" would have resulted in a much higher capital cost for the facility later on and a long delay before the facility could be available for public use. The Council has stated that it expects to pay cash for smaller projects and the 2°d penny sales tax projections indicate funds will be available for such projects. The City has a rather substantial�eneral contingency fund, not from 2°d penny sales tax revenues but other sources. As of December 3 l�, 2000, that fund was approximately$2.4 million. One could argue about how big this fund should be but not about the need for such a fund. An additional contingency fund has only the un- obligated 2°d penny funds and as of December 31 was appro�mately $750,000. Our fiscal planning for the year 2000 was quite conservative. The result was that total operating revenues exceeded budget and total operating expenses were under budget. At least part of this result should be credited to the City Manager and his staff. The Council has sought to minimize its reliance on property taa�es for revenue. This is to enable other entities of government who rely on property taxes to use that base. Economic development for the community is an important priority. The City funds most of the budget for the Convention and Visitors Bureau at the Chamber of Commerce and funds most of the budget for the Brookings Economic Development Corporation. Bringing more people into our community to live, work, shop and be entertained expands our economic base and adds to the attractiveness of our City. The expansion of the DM&E raikoad through our community has been a difficult and time-consuming issue for City Government. The of�cial City position has always been in support of the project with some local modifications. It is a very complex issue involving public safety, quality of life issues, private property valuations and the property tax base, its impact on economic development and the equity between different groups of community citizens. The Council spent a lot of time considering differing viewpoints, reviewin�the different plans and proposals brought forward, reviewing the analysis of consultants and their conclusions and negotiating with the DM&E. The Council set forth its basic position in a presentation to the STB in November 2000. This was followed by another resolution and more detailed conclusions and decisions in a lengthy document filed with the STB in early March 2001. A few weeks earlier the Governor's office also filed a document with the STB supporting a by-pass plan. No one plan will be satisfactory to all people. No matter what we as a community think or want, the Federal STB will make the basic decisions with respect to the required Federal permits. Perhaps the Courts will also weigh in at some point. After all of that, will the DM&E have the financial capacity to complete the planned project?My guess is that the answers to all of the above is years away. South Dakota State University is perhaps our bi��est industry. It has a big impact, with its faculty and staff,the students and their families. That labor force of graduates is an untapped local resource which moves on to provide a talented labor force and gaod citizens for other communities each year. Think what it would be like if we had the job challenges and the competitive compensation offers so they would stay here! Thankfully we do have community leaders who are working on projects now that would move us in that direction. An important part of City Government is the various boards, commissions and committees made up of volunteers from among our citizens. The Council has evaluated the need for each such body. Each member is appointed by the Mayor, subject to the advice and consent of the Council. More than 115 people presently serve in these bodies and fulfill a valuable role as they represent the public in many different ways. I am grateful for their generous contribution of time and talent and thank them for what they do. The delivery of City services is accomplished by our employees, under the leadership of the City Manager. I think they are doing a good job and deserve all the credit and our deep thanks. It isn't always an easy job and neither is their good work always appreciated by we the citizens. Never the less, if you have a question or complaint, don't hesitate to ca11 Mike Williams, our City Manager, and tell him of your problem or complaint. He can't solve all problems but he will listen to you and help you if he can. 371 In conclusion, we have a great community. It is made up of good people, has a strong economy and has demonstrated its confidence in the future. City Government can do no less than be one vehicle helping to move us forward. Past leaders, supported by the citizens, have set an example worthy of being expanded upon. I deem it an honor to serve as your Mayor. I am always open to questions and comments. I value your views and if I disagree, I will be honest and say so with my explanation. Democracy requires as much of all of us." Virgil H. Herriott, Mayor Video Lotterv. The Council reviewed video lottery applications from Cubby's, South Main Diner, Skinner's Pub, and JoeHouse dba The Jackalope Lounge. Motion was made by Bibby, seconded by Artz, to accept the applications for Skinners, Cubbys and Jackalope Lounge. Motion was made by McClemans, seconded by Weems, to amend the motion to follow the published schedule, receive information tonight and act on the licensing on May 14�'. On the amendment, all present voted yes; except Bibby; motion carried. On the motion as amended; all present voted yes; except Bibby; motion carried. Ordinance No. 06-01 —Zonin$. A public hearing was held on Ordinance No. 06-01, an ordinance revising the zoning ordinance of the City of Brookings pertaining to a daycare facility as a conditional use in the Residence R- 2 District. All present were given an opportunity to be heard. Motion was made by Weems, seconded by McClemans, to approve Ordinance 06-01. All members voted YES; motion carried. Cable TV Franchise. A public hearing on a cable television franchise renewal agreement with Mediacom was held. All present were given an opportunity to be heard. Suggestions included: lifeline cable, minimal cable channels for those on fixed incomes, internet access, scholarships to high school seniors, donations to Brookings School District endowment fund, prompter response to citizen complaints and phone calls, smoother coordination of city council video taping at better times and longer play modes, improved public access, live council meeting broadcast and fee structure stability. Action on the franchise agreement is anticipated in two months with additional public hearings scheduled. No action taken. Resolution No. 72-00—Soccer Compleg Second Pennv Funds. Motion was made by Artz, seconded by Bibby, to approve Resolution No. 72-00, allocating Second Penny Funds for the Soccer Complex. Motion was made by Davidson to table until the first planning meeting after May 19`�when the outcome on the grant is known. Motion died for lack of a second. Motion was made by Weems, seconded by Bozied, to amend the e�sting motion to proceed with going out for bids on the Soccer Complex project and wait until the funding results come in before approving Resolution 72-01 allocating second penny funding for the Soccer Complex. On the amendment; all present voted yes; except Bibby, Herriott, and Artz; motion carried. On the motion as amended, all present voted yes; except Artz, Bibby, Bozied, Herriott, and McClemans; Motion Failed. Motion was made by Bibby, seconded by Artz, to authorize up to $475,000 of the 75% second penny sales tax revenues for the Brookings Soccer Complex project. Motion was made by Bozied, seconded by Weems, to table until funding is identified. Motion was withdrawn. Motion was made by Bozied, seconded to Weems,to table. All present voted yes; except Bibby, Herriott and Artz;motion passed to table. Motion was made by McClemans, seconded by Artz,to take the issue offthe table. All present voted yes; except Bozied and Davidson; motion carried. Motion was made by Weems, seconded by McClemans, to amend the motion on the table by going out for bids on this project and wait to allocate funds until all the funding sources are in. Motion was withdrawn. Motion was made by Weems, seconded by Bibby, to table action on authorizing up to $475,000 of the 75% second penny sales tax revenues for the Brookings Soccer Complex project and give direction to the City Manager to proceed with design specification. All present voted yes; except Artz and Bibby; motion carried to table. Appointments. Motion was made by Weems, seconded by Bozied, to approve the following citizen advisory committee appointments: Scott Herreid, Park and Recreation Board; Barbara Ward-Doherty, Utility Board; Duane Bymers, Airport Board; Anya Hartpence, Human Rights Committee; Diana Zwieg, Historic Preservation Commission; and Sue Parrott, Brookings Advisory Committee for People with Disabilities. All present voted yes; motion carried. Council Members Ouen Discussion. Development of a Youth Commission consisting of high school and SDSU students was discussed. The Council also discussed the creation of a steering committee to determine the objectives, issues and representation of the Brookings Youth Commission. The City Manager was directed to contact SDSU and the High School regarding the issue. There were concerns expressed regarding the current Senior Center facility. The City Manager indicated that discussions are occurring about the possibility of a new facility. Council Member Bibby formally thanked the Council for the last 19 months of service on the Council. He also thanked the citizens of Brookings for the privilege and honor to serve on the first City Council. The City Council thanked Davidson and Bibby for their unique and valuable contributions to the Council. Pursuing a dialogue with the Utility Department regarding combined areas of sewer access for different landowners south of town was discussed. 372 The Brookings County Commission is proposing to develop a Human Resources position. The City Manager was asked if there is any opportunity for joint use of the City's Human Resources Department. Council Member Artz was elected as the SDML District II Vice President on April 12, 2001. Executive Session. Motion was made by Bozied, seconded by Weems, to go into executive session for legal matters pertaining to Miller, Sellers& Heroux litigation. All present voted yes; motion carried. Motion was made by Artz, seconded by Bozied, to go out of executive session; all present voted yes; motion carried. Motion was made by Artz, seconded by Herriott, to authorize $30,000 to settle the Miller, Sellers and Heroux litigation. All present voted yes; except Bibby; motion carried. Adiournment: Motion to adjourn was made by Bibby, seconded by Weems. Meeting adjourned at 9:00 p.m. CITY OF BROOKINGS ootis �,�, `�' y Mayo irgil H. Herriott c�� �':°� u� a •-�2 ��r`w......�`''�' �KOZP • %'�or�z,�-� Shari Thornes, City Clerk