HomeMy WebLinkAboutCCMinutes_2016_07_26 450
Brookings City Council
July 26, 2016
The Brookings City Council held a meeting on Tuesday, July 26, 2016 at 5:00 p.m., at
City Hall with the following members present: Mayor Tim Reed, Council Members Keith
Corbett, Mary Kidwiler, Dan Hansen (via phone), Ope Niemeyer, Nick Wendell, and
Patty Bacon. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and Deputy
City Clerk Bonnie Foster were also present.
Executive Session
A motion was made by Council Member Kidwiler, seconded by Council Member
Niemeyer, to enter into executive session at 5:01 p.m. for purposes of consulting with
legal counsel regarding proposed or pending contractual matters with the City Council,
City Manager, City Attorney, Deputy City Clerk, Kevin Catlin, Assistant to the City
Manager, and Mike Struck, Community Development Director present. All present
voted yes; motion carried. A motion was made by Bacon, seconded by Corbett, to exit
out of executive session at 5:27 p.m. All present voted yes; motion carried.
ConsentA�enda
A motion was made by Council Member Wendell, seconded by Council Member
Corbett, to approve. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
3.A. Action to approve the agenda.
3.B. Action to approve the July 12 City Council Minutes.
3.C. Action to cancel the October 25, 2016 Council Meeting.
3.D. Action on Resolution 16-060, a Resolution concurring in the placement of a
Stop Sign on Folsom Street at its intersection with Division Avenue.
Resolution 16-060 - Concurring in the Placement of a Stop Sign on
Folsom Street at its Intersection with Division Avenue
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides
for approval by the City Council for placement of stop signs in locations other than along
through streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of
the Traffic Safety Committee and the City Manager and approves the placement of a
stop sign on Folsom Street at its intersection with Division Avenue.
3.E. Action on Resolution 16-061, a Resolution concurring in the placement of a
Stop Sign on Christine Avenue at its intersection with 15�' Street South.
Resolution 16-061 - Concurring in the Placement of a Stop Sign on
Christine Avenue at its Intersection with 15th Street South
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides
for approval by the City Council for placement of stop signs in locations other than along
through streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of
the Traffic Safety Committee and the City Manager and approves the placement of a
stop sign on Christine Avenue at its interse.ction with 15th Street South.
3.F. Action on Resolution 16-062, a Resolution concurring in the placement of
Stop Signs on 12"' S�reet South at the intersection of Christine Avenue.
Resolution 16-062 - Concurring in the placement of Stop Signs on
12th Street South at the intersection of Christine Avenue
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides
for approval by fihe City Council for placement of stop signs in locations other than along
through streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of
HDR, Inc. and the City Manager and approves the placement of stop signs on 12th
Street South at the intersection of Christine Avenue. �
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FIRST READING: Ordinance 16-015. Introduction and First Reading was held on
Ordinance 16-015, an Ordinance to Rezone the S '/2 of NW '/4 of Section 34-T110N-
R50W from an Agricultural A District to a Single Family R-1C District, Single Family R-
1 D District, Two-Family Residence R-2 District, and Multi-Family Residence R-3 District
and from a Single Family R-1 C District to a Multi-Family R-3 District (West of Timberline
Addition). Public Hearing: August 9, 2016.
Ordinance 16-014. A public hearing was held on Ordinance 16-014, an Ordinance
Amending Article III of Chapter 62 of the Code of Ordinances Pertaining to Weed
Control. A motion was made by Council Member Wendell, seconded by Council
Member Corbett, to approve Ordinance 16-014. The motion carried by the following
vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
Letter of Intent for Real Estate Transfer. A motion was made by Council Member
Bacon, seconded by Council Member Hansen, that the Letter of Intent befinreen the City
of Brookings and Brookings County for a Real Estate Transfer, be approved. The
motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed,
Kidwiler, Bacon, and Wendell.
Letter of Intent for the Exchange of Real Property
This Letter of Intent for the Exchange of Real Property is made by and between
the County of Brookings South Dakota, referred to in this Letter as the "Gounty", and
the City of Brookings, South Dakota, referred to in this Letter of Intent as the"City".
1. Backaround and Purpose of this Letter of Intent
The County of Brookings and the City of Brookings have long enjoyed a cooperative
and effective relationship, as evidenced most recently by their joint design,
construction, management and use of the Brookings City & County Government
Center. Over the years, the governing boards of the County and City and their
respective staff have discussed the possible relocation of the Brookings County
Resource Center. The City, at various times, has expressed an interest in acquiring
the Brookings County Resource Center to expand its Swiftel Center facilities.
Recently,the newly-constructed Brookings Outdoor Adventure Center has been
identified as a possib(e new home for the County's programs and activities conducted
within the Brookings County Resource Center. The Brookings Outdoor Adventure
Center is located pursuant to a long-term lease upon City property and the County
and City believe the Brookings Outdoor Adventure Center Building could
accommodate the programs and activities of both the Outdoor Adventure Center and
the Brookings County Resource Center.
Based upon the foregoing, the County and the City desire to set forth this Letter of
Intent to Exchange their respective interests in these facilities so that, upon the
successful completion of this transaction, the County's Resource Center would
relocate to and occupy the Outdoor Adventure Center Building, and the City would
acquire, in exchange, the Brookings Gounty Resource Center.
This Letter of Intent is intended to be a nonbinding Statement of the Intent of the
County and the City to prepare for a transaction which would be consummated with
a binding Resolution of both the County and the City Authorizing the Exchange of Real
Property.
2. Acauisition by the Citv of the Count�/ Resource Buildina
The City of Brookings will acquire from the County of Brookings, all right, title, and
interest to the County Resource Center, located upon the following described property:
A portion of the northwest corner of Lot 5 in Wiese Addition to the City of Brookings,
County of Brookings, State of South Dakota, located at 826 32"d Avenue, Brookings,
South Dakota, as indicated on Exhibit "A" attached heretr� and incorporated herein
by this reference.
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3. Acquisition bv the Countv of the approximatelv 3.77 acres of land upon which the
Outdoor Adventure Center is located.
The City of Brookings will convey all right, title and interest in the approximately
3.77 acres of land upon which the Outdoor Adventure Center Building is located to
the County of Brookings.
The Outdoor Adventure Center Building is located at 2810 22"d Avenue South,
Brookings, South Dakota, as shown on Exhibits "A-1" and "A-2", attached hereta and
incorporated herein by this reference. A survey of the area to be acquired by the
County may be required prior to closing so the exact dimensions may be determined.
4. Additional Consideration to the County of Brookinas
As consideration for the above exchange, the City of Brookings shall pay to the
County of Brookings the sum of$900,000.00 for the purchase of the County
Resource Center, with $400,000.00 credit for the conveyance of approximately 3.77
acres of land upon which the Outdoor Adventure Center is located. The City would
pay the remaining$500,000.00 to the County in five equal payments over a five (5)
year period interest-free.
5. Aqreement to iointly develop a plan for the exchange of Real Property
The respective Governing Boards of the County of Brookings and City of Brookings
will direct staff to develop the specific plans to complete the exchange described
herein, with the date of the exchange to occur on or before December 31, 2016.
6. Termination of this Letter of Intent
Either party to this Letter of Intent may terminate this Agreement at any time prior to
closing by providing written Notice to the other party. If either party terminates prior
to closing, the parties will each pay one-half of the costs incurred with respective to
this Agreement. Upon the successful closing of the transaction set forth in this
Agreement, the parties will also each pay one-half of all costs incurred to complete
this transaction.
7. Additional Terms to be Addressed Prior to Closinq
In addition, the City of Brookings and the County of Brookings will execute a long-
term joint use parking lot agreement for use and maintenance of the parking lot
serving the Outdoor Adventure Center Building.
The Brookings County 4-H Program would stifl have use of the Swiftel Center for
specific pre-determined events, including Achievement Days, the Horse Show, the
Dog Show, and any other events as agreed to.
Any agreement between the City and the County is contingent upon a transaction
between the County of Brookings and the Outdoor Adventure Center whereby the
Outdoor Adventure Center conveys the facility to Brookings County, with closing on
such transaction to be simultaneous with the closing on the transactions between the
City and the County.
IN WITNESS WHEREOF the Parties hereunto agree and execute this Agreement on
the day and year set forth below.
Dated this day of 2016. Dated this day of 2016.
APPROVED: APPROVED:
BY CfTY OF BROOKINGS BY BROOKINGS COUNTY
Mayor Commission Chairperson
ATTEST: ATTEST:
Tit{e: Ciiy Clerk Finance Officer
Exhibit "A-1"
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A 3.77 acre "T" shaped area at the Southeast corner of Southbrook Softball Complex
as shown on Exhibit "A-2." Starting at a point Forty Feet (40') West of the
Centerline of 22"d Avenue and Twenty Feet (20') North of the South edge of the
Complex's gravei parking, then proceeding South Three Hundred Twenty Feet (S
320'), then West Three Hundred Feet (W 300'), then North Ninety Feet (N 90'), then
West Three Hundred Eighty Feet (W 380'), then North One Hundred Ninety Feet (N
190'), then East Four Hundred Eighty Feet (E 480'), then North Forty Feet (N 40'),
then East Two Hundred Feet (E 200'), to the starting point.
Memorandum of Aqreement for SDSU PerForminq Arts Center
A motion was made by Council Member Corbett, seconded by Council Member
Niemeyer, that a Memorandum of Agreement between the City of Brookings and South
Dakota State University pertaining to the SDSU Performing Arts Center, be approved.
AMENDMENT TO THE MOTION: Motion was amended to amend Section 8B as follows
"The City shall provide, or cause to be provided, $5.5 million within 90 days of execution
of this agreement. The remaining $500,000 shall be paid, within 30 days of City
satisfaction or compliance with applicable ADA Policies." Public Comment: Jessie
Kuechenmeister, Committee for People who have Disabilities Chair, and Steve Bayer.
FRIENDLY AMENDMENT: A friendly amendment was made by Council member
Hansen, to include the City's ADA Policy requirements as set forth in Section 8C,
including the City's specific ADA requirements for Family Restrooms, PlatForm Lifts and
Automatic Door Openers. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
MEMORANDUM OF UNDERSTANDING
REGARDING THE PERFORMING ARTS CENTER AT SDSU
WHEREAS, the Seventy-Third session of the Legislature of the State of South Dakota
by Chapter 107 (SB 23), signed March 13, 1998, authorized the Board of Regents to
contract for the construction, completion, furnishing, equipping and maintaining of a
Performing Arts Center at South Dakota State University, Brookings, at an estimated
cost of$10,400,000 paid from other funds under the control of the Board of Regents,
from gifts and grants to South Dakota State University specifically for this purpose,
including bond proceeds provided by the City of Brookings, and from financing provided
pursuant to chapter 13-51A, all of which were appropriated to the Board of Regents for
the purposes of the act; and
WHEREAS, Section 2 of the act provided that the Board of Regents should set aside
the sum of$1,040,000 for the purpose of maintenance and repair of the facility to be
paid from other funds under the control of the Board of Regents including gifts and
grants; and
WHEREAS, Section 3 of the act empowered the Board of Regents to expend funds
obtained for the purpose of the act and appropriated the funds to the Board; and
WHEREAS, Section 4 provided that the administration of the design and construction of
these facilities and oversight of building committees appointed therefor, as provided in
Chapter 5-14-3 shall be under the general charge and supervision of the Governor and
the executive director of the Board of Regents or their designees; and
WHEREAS, the City of Brookings by virtue of the power granted to the City of Brookings
under SDCL 9-12-4 and 9-12-5 has the power to enter into an agreement with the State
of South Dakota and with any authorized agency of the state to carry out any authorized
municipal function, and is authorized to give and convey any personal property of the
municipality to the state to be used for an authorized public purpose upon the terms and
in the manner provided by resolution of the governing body; and
WHEREAS, the State of South Dakota caused to be platted prpperty described as
follows, to-wit:
454
Plat of South Dakota State University, located in the Southwest Quarter of the
West haff of the northeast Quarter, Section 24, Township 110 North, Range 50
West, Brookings, Brookings County, South Dakota
and upon which real property is constructed the PerForming Arts Center facility as
authorized by Chapter 107 of the 1998 Session Laws for the State of South Dakota; and
WHEREAS, the State of South Dakota is expanding the original construction of the
PerForming Arts Center facility on the campus of South Dakota State University,
Brookings, South Dakota, on behalf of the Board of Regents of the State of South
Dakota, as authorized by 2016 HB 1016; and
WHEREAS, the City of Brookings has determined the facility has positive, far-reaching
benefits that extend well beyond that of South Dakota State University which will aid in
the Brookings area becoming a major destination and generator for the appreciation
and expansion of cultural awareness, fine arts, and artistic creativity warranting the City
of Brookings' commitment to contribute to the financing for the expansion of said facility
to enhance the availability of multi-use facilities for the City and surrounding area; and
WHEREAS, in order to recognize the cooperative effort of the City of Brookings and
South Dakota State University for the use of the facility, which is being jointly expanded,
and in order to reduce to writing the contractual obligation of the Board of Regents and
the local unit of government, namely, the City of Brookings, a municipal corporation of
the State of South Dakota, the undersigned parties have approved this Memorandum of
Understanding for intergovemmental cooperation with respect to the PerForming Arts
Center.
NOW, THEREFORE, this Memorandum of Understanding and legal binding contract is
entered into by and befinreen the Board of Regents of the State of South Dakota on
behalf of South Dakota State University and the City of Brookings, a municipal
corporation of the State of South Dakota, to replace all prior agreements of the parties
and to set forth in writing in general terms the funds to be provided by the City of
Brookings for the Performing Art Center construction and expansion and the right of
access to the facility and the nature of the cooperative arrangements, which will be
utilized in the use of the facility to maximize the benefit, not only to the campus ofi South
Dakota State University, but also to the City of Brookings and surrounding Brookings
County area.
1. All parties to this agreement recognize that this is a legal binding contract
granting right of access to the facility in the manner contractually
established by the Board of Regents and the City of Brookings, which is
granted and given in consideration of the payment by the City of
Brookings of$6,000,000 for the original construction and $6,000,000 for
the expansion of and the equipping and furnishing of a Performing Arts
Center facility at South Dakota State University, Brookings, South Dakota.
2. All parties to this agreement recognize that the facility is primarily intended
for the educational and cultural needs of the campus of South Dakota
State University, under the direction of the Board of Regents.
3. The administration of South Dakota State University, through the Board of
Regents, shall be responsible for the primary management and
maintenance of the facility, including scheduling, security, maintenance,
control of food service, formulation and enforcement of building rules, and
establishment of fee schedules for use of the facility.
A copy of the South Dakota State University Performing Arts Center Policy
is provided in Appendix A. This policy is subject to revision by South
Dakota State University over the course of the lifetime of this
Memorandum of Understanding.
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4. Special activities, such as events sponsored by the City of Brookings, the
Brookings School District, or other community organizations for which
other accommodations in the surrounding area are not available or
appropriate, shall be scheduled and permitted when the facility is available
and not needed for other duly scheduled events or activities. South
Dakota State University shall make available fifty (50) days in each
calendar year for scheduling in the facility for use by Brookings School
District or groups sponsored by the City. The priority of users of the facility
is established in the South Dakota State University Performing Arts Center
Policy (See Appendix A).
In consideration of the financial participation from the City of Brookings
toward this project, the City of Brookings will be entitled use of the facility
through South Dakota State University adopted scheduling and
reservation procedures, guaranteeing up to ten (10) days for each
calendar year without a facility rental charge for a period of finrenty-five
(25) years after South Dakota State University's final acceptance of the
expanded Performing Arts Center. Once scheduled, the reservations will
not be revoked by the managing entity due to other priorities, absent
written agreement of the parties. The City of Brookings will pay applicable
set-up, equipment, custodial, food service, or security fees associated with
the use pursuant to South Dakota State University's usual and customary
fee schedule for such services. Upon expiration of the twenty-five (25)
year period, priority scheduling set forth in this Memorandum of
Understanding shall continue, but all access will be subject to the facility
rental charges and all other fees in accordance with South Dakota State
University's PerForming Arts Center customary fee schedules.
5. The administration of South Dakota State University sha!! cooperate with
City and School District officials and other organizations in the use of the
facility for major spectator events or other activities to the extent that such
events do not cause hazards to the maintenance of the facility or conflict
with regularly scheduled South Dakota State University events or
activities.
6. All parties to this agreement agree to the establishment of an advisory
committee comprised of three (3) members, said members including: (1)
the Executive Vice President for Academic Affairs at South Dakota State
University, or designee; (2) the Mayor of the City of Brookings, or
designee from the Brookings City Council; and (3) the Superintendent of
the Brookings School District, or designee. Other individuals may be
invited to attend meetings of the advisory committee with the consent of all
members of the advisory committee in an ex-officio capacity. The primary
function of the committee shall be to further the cooperative effort among
the parties regarding use of the facility for major spectator events or other
appropriate activities. The committee shall make recommendations to the
administration of South Dakota State University on the matters listed
below and other issues as the committee deems appropriate:
a) Short and long-term scheduling plans for the use of the PerForming
Arts Center by the School District, City, and University;
b) Annual identification of community arts, cultural, music or other
groups eligible for sponsorship by the City of Brookings for use of
the facility at actual cost. This list will be reviewed and revised on
an annual basis; and
c) Improvements in operation policies and procedures which will
enhance utilization of the Center.
456
Only members of the Advisory Committee may formally vote to forward a
recommendation. In the event of disagreement, the administration of South
Dakota State University shall be the final deciding authority.
7. Any use of the Performing Arts Center by the City of Brookings or the
Brookings School District shall not result in any liability to South Dakota
State University, the South Dakota Board of Regents, or the State of
South Dakota arising from the use of the facility. Any liability that may
arise from the use of the Performing Arts Center shall be the sole
responsibility of the sponsors of any such event or activity scheduled for
the facility.
8. The parties hereby agree that the Performing Arts Center expansion
project will be completed in accordance with the federal ADA provisions
and that the City of Brookings ADA Policy adopted November 25, 2003,
will be followed in the SDSU Performing Arts Center expansion
construction project as follows:
a. The City will review and approve the project drawings prior to project
bid date. The City will review and approve change orders that have an
ADA component for conformity with City ADA requirements and as set
forth in Section 8 herein. Thereafter, all reviews and approvals by City
shall only be for review that the said City ADA requirements contained
in the approved project drawings and change orders were completed.
City shall provide its review and feedback within the finro (2) week
review period that is standard in University and State Engineer
processes. Construction and all installations must adhere to the ADA
approved plans prepared by the architect and the architect's agent.
The City shall participate in the Design Development Phase of the
project for ADA review as to specifications previously approved.
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The City shall provide, or cause to be provided, $5.5 million within 90
days of execution of this agreement. The remaining $500,000 shall be
paid, within 30 days of City satisfaction or compliance with applicable
ADA Policies, to include the City's ADA Policy requirements as set
forth in Section 8C, including the City's specific ADA requirements for
Family Restrooms, Platform Lifts and Automatic Door Openers.
c. The City's specific ADA requirements for Family Restrooms, Platform
Lifts, and Automatic Door Openers as set forth in the above referenced
City's ADA policy will be complied with to the extent they are not � .
otherwise required by the federal ADA. The City may advise the
University regarding other"Best Practices" standards of the City's ADA
policy referenced herein that are not required by the federal ADA,
however, the University shall consider this advisory information and
may decide whether to accept the Best Practice as the construction
standard, or defer to the requirements of the federal ADA.
d. Upon final acceptance and occupancy of the building by the University,
all ADA grievances and complaints shall be submitted to the University
Title IX/EO Coordinator for handling in compliance with South Dakota
Board of Regents and University policies and procedures. Referrals
from the University may be made to the City process, if required, on a
case by case basis.
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This Memorandum of Understanding does not constitute a binding contract concerning
the specific use of the facility for any specific events, but it does impose an obligation and
duty upon the State of South Dakota to provide for a right of access to the facility in the
manner contractually established herein.
This Memorandum of Understanding may be terminated by the South Dakota Board of
Regents for failure of appropriation which shall result in no liability to the State, the Board
of Regents, or South Dakota State University for said termination. At the expiration of
finrenty-five (25) years as set forth in section 4 herein, this Memorandum of Understanding
may be unilaterally terminated by the South Dakota Board of Regents without penalty or
liability.
This Memorandum of Understanding for the intergovernmental cooperation and use of
the facility being constructed on the campus of South Dakota State University is executed
by South Dakota State University and is accepted and agreed to by the Board of Regents
and the City of Brookings.
THIS DOCUMENT WAS SIGNED BY REPRESENTATIVES OF:
SOUTH DAKOTA BOARD OF REGENTS
CITY OF BROOKINGS
BROOKINGS PUBLIC SCHOOL DISTRICT
Brookinas Marketplace.
A motion was made by Mayor Reed, seconded by Council Member Niemeyer, to direct
the City Manager to begin negotiations on a Comprehensive Development Agreement
for the SDDOT Land with Bender Company. Public Comment: AI Kurtenbach, John
Mills, Andy Johnson, and Mason Wheeler. The motion carried by the following vote:
Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
Budqet discussion. None.
Items for future discussion.
A motion was made by Mayor Reed, seconded by Council Member Hansen, to ask staff
to present a process for Recreation Facility Planning on the September 20 Study
Session. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen,
Reed, Kidwiler, Bacon, and Wendell.
Ad'ourn. A motion was made by Council Member Wendell, seconded by Council
Member Corbett, to adjourn the meeting at 7:16 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
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� Tim Reed, Mayor
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Thornes, City Clerk