HomeMy WebLinkAboutCCMinutes_2015_02_24 28 � �
Brookings City Council
February 24, 2015
The Brookings City Council held a meeting on Tuesday, February 24, 2015 at 6:00 p.m.,
at City Hall with the following members present: Mayor Tim Reed, Council Members
Keith Corbett, Dan Hansen, Ope Niemeyer, John Kubal, Tom Bezdichek, and Jael
Thorpe. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk
Shari Thornes were also present.
Consent Aqenda. First Reading of Ordinance 15-005, an ordinance amending Article V
of Chapter 2 of the code of Ordinances of the City of Brookings, SD and pertaining to
the Human Rights Committee of the city of Brookings was removed from the agenda. A
motion was made by Council Member Hansen, seconded by Council Member Corbett,
to approve the Consent Agenda, as amended. The motion carried by the following vote:
Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
3.A. Action to approve the agenda as amended.
3.B. Action on Abatement of a Drainage Fee for Paccel No. 40960-11050-224-30,
otherwise known as 410 Honor Drive, Brookings in the amount of$1,064.33.
Resolution 15-016. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-016, a Resolution awarding the contract on
Project 2015-06STI, Chip Seal Project be approved. The motion carried by the following
vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution 15-016 - Resolution Awarding Bids on
Project 2015-06STI Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2015-06STI Chip Seal Project
on Tuesday, February 17, 2015 at 1:30 pm at the Brookings City and County
Government Center; and
Whereas, the City of Brookings has received the following bids for Project 2015-06STI
Chip Seal Project: Topkote, Inc. - $236,896.00; The Road Guy Construction Co., Inc. -
$282,500.00; and Bituminous Paving, lnc. - $284,050.00.
Now Therefore, Be It Resolved that the low bid of$236,896.00 for Topkote, Inc. be
accepted.
Resolution 15-017. A motion was made by Council Member Bezdichek, seconded by
Council Member Hansen, that Resolution 15-017, a Resolution awarding the contract on
Project 2015-07STI, Asphalt Concrete Freight On Board Project be approved. The
motion carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
Resolution 15-017 - Resolution Awarding Bids on
Project 2015-07STI Asphalt Concrete Freight On Board
Whereas, the City of Brookings opened bids for Project 2015-07STI Asphalt Concrete
Freight On Board Project on Tuesday, February 17, 2015 at 1:30 pm at the Brookings
City and County Government Center; and
Whereas, the City of Brookings has received the following bid for Project 2015-07ST1
Asphalt Concrete Freight on Board Project: Bowes Construction Co., Inc.: $86,575.00.
Now Therefore, Be It Resolved that the total low bid of$86,575.00.for Bowes
Construction Co., Inc., Brookings, SD be accepted.
Resolution 15-018. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-018, a Resolution to award the contract for
the purchase of a Pit Type Truck Scale be approved. The motion carried by the
following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
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Resolution 15-018 - Resolution Awarding Bids for the purchase
of a Pit-Type Truck Scale
Whereas, the City of Brookings has received four bids on February 10th, 2015 for one
(1) Pit Type Truck Scale for the City of Brookings Landfill: Vande Berg Scales, Sioux
Center, IA for a bid of$179,324.77, with trade-in of$3,000.00, for a total cost of
$176,324.77; Webster Scale, Webster, SD, for a bid of$152,484.18, with trade in of
$3,000.00, for a total cost of$149,484.18; K-Scales, LLC, Sioux Falls, SD for a bid of
$126,649.00, with a trade in of$1,500.00, for a total cost of$125,149.00; and Prairie
Scales, Horace, ND for a bid of$179,500.00, with a trade in of$3,500.00, for a total
cost of$176.000.00.
Now Therefore, Be it Resolved that the bid from Vandenberg Scales in the amount of
$176,324.77 be accepted.
On-Off Sale Malt Beveraqe License Transfer. A motion was made by Council
Member Hansen, seconded by Council Member Kubal, that the transfer of an On-Off
Sale Malt Beverage Alcohol License from David Spaulding, EdgeBrook Golf Course
Clubhouse Manager, to Gary Moen, EdgeBrook Golf Course Clubhouse Manager, 1415
22nd Ave. So., Brookings, South Dakota, legal description: SW %, Section
31-T110N-R49W be approved. The motion carried by the following vote: Yes:7 - Reed,
Bezdichek, Corbett, Hansen, Kubaf, Niemeyer, and Thorpe.
Ordinance 15-004. A motion was made by Council Member Corbett, seconded by
Council Member Kubal, that Ordinance 15-004, an Ordinance amending Section 14-83
Swine, of the code of ordinances of the City of Brookings be approved. The motion
carried by the following vote: Yes:7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
Resolution 15-015. A motion was made by Council Member Hansen, seconded by
Counci! Member Kubal, that Resolution 15-015, Levying Assessment for Project No.
2014-01 SWR, 2014 Sidewalk Repair Sites be approved. The motion carried by the
following vote: Yes: 7- Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
Resolution 15-015 - Levying Assessment for Project No. 2014-01 SWR
2014 Sidewalk Repair Sites
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2014-01 SWR, 2014 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 and authorized by Resolution 49-14,
which deems the work necessary and has found and determined that the amount
which each lot or tract wiil be benefited by the construction of the sidewalk
improvement heretofore designated as Concrete Maintenance Project No. 2014-
01 SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2014-01 SWR 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 after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with
the procedure for Plan One in Sections 9-43, 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.
Hospital Proiect Financinq. Jason Merkley, Brookings Health Systems CEO, and
Toby Morris, Financial Representative, were present to answer questions from the City
Council.
Preliminarv Plat. A motion was made by Counci! Member Hansen, seconded by
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Council Member Niemeyer, approving the Revised Preliminary Plat for a portion of
Bluegill Addition and the City Manager was asked to work on access for the recreation
trail from the cul-de-sac. The motion carried by the following vote: Yes: 7 - Reed,
Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Abatement on Street Assessment. A motion was made by Council Member
Niemeyer, seconded by Council Member Hansen, that the Abatement of Street
Assessment for: Lot 9, Block 12, Camelot Square Addition, 40090-01200-009-00 in the
amount of$857.81; Lot 10, Block 12, Camelot Square Addition, 40090-01200-010-00, in
the amount of$857.81; Lot 11, Block 12, Camelot Square Addition, Parcel #40090-
01200-011-00, in the amount of$857.81; Lot 10, Block 13, Camelot Square Addition,
Parcel #40090-01300-010-00, in the amount of$857.81; Lot 11, Block 13, Camelot
Square Addition, Parcel #40090-01300-011-00, in the amount of$857.81; Lot 12, Block
13, Camelot Square Addition, Parcel #40090-01300-012-00, in the amount of$857.81;
Lot 13, Block 13, Camelot Square Addition, Parcel #40090-01300-013-00, in the
amount of$857.81; Lot 16, Block 13, Camelot Square Addition, Parcel #40090-01300-
016-00, in the amount of$857.81; and Lot 17, Block 13, Camelot Square Addition,
Parcel #40090-01300-017-00, in the amount of$857.81 be approved. The motion
carried by the following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal,
Niemeyer, and Thorpe.
Resolution 15-019. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that Action on Resolution 15-019, a Resolution purchasing
Property from the State of South Dakota be approved. The motion carried by the
following vote: Yes: 7 - Reed, Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and
Thorpe.
Resolution No. 15-019 - Resolution Authorizing the Acquisition of Real Estate
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings has determined the acquisition of the certain property
near its street maintenance facility is necessary to provide additional land upon which to
construct a street maintenance facility for the City of Brookings; and
Whereas, in order to have sufficient land to construct a street maintenance facility, the
City of Brookings desires to purchase from the State of South Dakota, the property
described as follows: Lots Four (4)�and Five (5) of Eberleins Addition to the City of
Brookings, County of Brookings, State of South Dakota, together with easements of
record described as the East Ten Feet (E 10') of Lot Three (3) of said Addition to
Brookings, Brookings County, South Dakota, together with all of the grantor's right, title
and interest in and to all vacated streets and alleys adjacent thereto, to the City of
Brookings, South Dakota, and
Whereas, the above-described real property has been offered for sale to the City of
Brookings by the State of South Dakota for the purchase price of$7,650.00 Dollars;
Now, Therefore, It is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A.That the City of Brookings acquire title to the above-described real property
from the State of South Dakota for the purposes of additional real property
for construction of a street maintenance facility in the City of Brookings,
South Dakota; and
B. That the Mayor, City Clerk, City Manager and City Attomey are authorized
to execute required documents in accordance with this Resolution.
Resotution 15-011. A motion was made by Council Member Hansen, seconded by
Council Member Kubal, that Resolution 15-011, a Resolution adopting a Policy
Governing the Use of Sales Tax Revenue to be Granted as an Economic Development
Incentive Program be approved. The motion carried by the following vote: Yes:7 - Reed,
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Bezdichek, Corbett, Hansen, Kubal, Niemeyer, and Thorpe.
Resolution 15-011 -A Resolution Hereby Adopting a Policy Governing the Use of Sales
Tax Revenue to be Granted as an Economic Development Incentive Program
Whereas, the City of Brookings recognizes that publicly-funded investments by (ocal
communities represent an effort to retain current economic activity and attract economic
growth are necessary to remain competitive; and
Whereas, the City further recognizes that grants to qualifying applicants of sales tax
revenue generated from said qualifying applicant is a reasonable and prudent means of
accomplishing desired economic growth; and
Whereas, the City believes the following po(icy objectives are necessary to govern the
policy process for the use of sales tax grants:
(1)To facilitate significant and comprehensive investment in new and/or expanding
facilities that will grow the tax base and provide a strong commitment to the
community.
(2)To increase overal( community wea(th.
(3)To encourage diversification of the area economic base and add value to the area
economic clusters and emp(oyment base.
(4)To generate additional sales tax revenue to support budgetary expenditures of
the City.
(5)To provide long-term community benefits in return for the City's investment.
(6)To insure the recipient project constitutes responsible development and further
complies with all other applicable development principles and regulations.
Whereas, the City desires to develop and adopt the means and methods by which sales
tax grants shall be utilized.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, the
following Policy be adopted to wit:
A)The City Council may approve a grant to qualifying applicants in any amount
deemed necessary not to exceed two percent of local sales tax generated from
construction costs, equipment purchases, or local retail sales.
B)Qualifying businesses shall be: (i) New or expanding businesses that are retail in
nature and can meet the criteria required under Item (H); or that are otherwise
addressed under the City's Retail Acceleration Program. (ii) New or expanding
businesses that are commercial/industrial or technology-based in nature and can
meet the criteria required under Item (H).
C)Grants shall be reviewed and awarded in a fair, consistent, and responsible
manner utilizing the resources and process established by the Brookings
Economic Development Corporation (BEDC) and the City Council for an
objective evaluation of the application.
D)Grant awards shall be provided only to the extent demonstrated necessary for the
success of the project, and a completed Return on Investment (ROI) analysis
yielding results to the satisfaction of the City Council.
E)The City Council shall have final approval on all grant applications recommended
for approval after having been through the BEDC evaluation and review process.
F)As a means of protection and accountability of the public investment, (i) Grant
awards shall be reimbursed to the applicant following payment of said sales tax
to the State of South Dakota and remitted to the City. (ii) Claims against the
grant award must be accompanied by appropriate documentation prescribed by
the City as verification of the grant payment. (iii) Grant awards must have
suitable financial guarantees as a means of security (`claw-backs') and any other
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such terms deemed essential by the City Council. (iv) The recipient shall be
entitled only to grant amounts that it generates and documented by the
Department of Revenue as being paid in Brookings. (v) Grant awards shall be
limited to either an aggregate amount, a specified time period, or both.
G)Applications for sales tax grant assistance shall be made to BEDC on application
forms prepared by BEDC. Applicants may be required to cover direct costs of
professional services deemed necessary by BEDC and/or the City associated
with the review of the application.
H)The following criteria shall be used by the BEDC and City Council to consider
awards for qualifying applicants:
(i)Retail businesses that mitigate sales `leakage' to other markets and retain
significant sales in Brookings.
(ii)Retail businesses that provide niche product markets not otherwise available
and represent significant sales in Brookings.
(iii)Commercial, industrial, and technology-related businesses that meet a
minimum of one of the following in significant amounts as determined by
the City Council: diversify the economic base and occupational mix;
provide full-time, upper-income level jobs with employee benefits; have
high probability of recruiting employees from other markets; are a
necessity for significant and substantial job retention; meet qualifying
industry targets; have high probability of complementing existing or
recruiting other businesse� or entities; represent significant capital
investment; retain SDSU graduates; faci{itates emerging markets; and
does not place an undue burden or hardship on natural resources or
services necessary to serve the business.
I)Applications shall be deemed approved following adoption of a development
agreement befinreen the City and the applicant prescribing all applicable terms
and conditions of the grant award. The development agreement shall be
prepared by staff of the BEDC, City, and legal counsel.
Adiourn. A motion was made by Council Member Hansen, seconded by Council
Member Corbett, that the meeting be adjourned at 6:55 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
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Tim Reed, Mayor
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Shari Thornes, City Cle T"�aK°