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HomeMy WebLinkAbout2019_03_26 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, March 26, 2019 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2019-0115 Action to approve the March 7 and March 12, 2019 City Council Minutes. 3/7/2019 Minutes 3/12/2019 Minutes Attachments: 3.C.ID 2019-0117 Action on a Preliminary Plat for Lots 17 & 18, Block 11, McClemans Addition. Page 1 City of Brookings March 26, 2019City Council Meeting Agenda Memo Planning Commission Notice 02-05-2019 Planning Commission Minutes Preliminary Plat BMU Map & Comments Attachments: 3.D.RES 19-032 Action on Resolution 19-032, a Resolution Declaring Jurisdictional Change of 34th Avenue (473rd Avenue), 210th Street and 8th Street South. ResolutionAttachments: 3.E.RES 19-031 Action on Resolution 19-031, Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. ResolutionAttachments: 3.F.RES 19-029 Action on Resolution 19-029, a Resolution authorizing the City Manager to Sign an Agreement between the State of South Dakota Department of Transportation and the City of Brookings pertaining to Disbursement of Airport Funds. Resolution Agreement Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2019-0091 National Volunteer Week Proclamation - April 7-13, 2019 ProclamationAttachments: 6. Contracts/Change Orders: 6.A.RES 19-027 Action on Resolution 19-027, a Resolution Awarding Bids on 2019-11STI, Airport Sanitary Sewer Project. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 2 City of Brookings March 26, 2019City Council Meeting Agenda 6.B.RES 19-030 Action on Resolution 19-030, a Resolution Awarding Bids on 2019-15BLD Library Carpet Project. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 7.A.ORD 19-003 Introduction and First Reading on Ordinance 19-003, an Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Public Hearing: April 23, 2019. Memo City Attorney Memo Ordinance Attachments: 7.B.ORD 19-004 Introduction and First Reading on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. Second Reading: April 23, 2019. Memo Ordinance Attachments: 8. Public Hearings and Second Readings: None 9. Other Business: 9.A.RES 19-033 Action on Resolution 19-033, a Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement. Memo Resolution Development Agreement 12/14/2016 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Page 3 City of Brookings March 26, 2019City Council Meeting Agenda Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, Acting City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692 6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact (605) 692 6281 at least three working days prior to the meeting. Page 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0115,Version:1 Action to approve the March 7 and March 12, 2019 City Council Minutes. Attachments: 03/07/2019 Minutes 03/12/2019 Minutes City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ Brookings City Council March 7, 2019 (unapproved) The Brookings City Council held a special meeting on Thursday, March 7, 2019 at 4:30 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present. 4:00 PM SPECIAL MEETING Executive Session. A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, to enter into Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee with the City Council, City Manager, and City Attorney present. The term "employee" does not include any independent contractor. The motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to exit Executive Session at 5:40 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that this meeting be adjourned at 5:41 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting City Clerk Brookings City Council March 12, 2019 (unapproved) The Brookings City Council held a meeting on Tuesday, March 12, 2019 at 5:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present. 5:00 PM REGULAR MEETING Consent Agenda:A motion was made by Council Member Hansen, seconded by Council Member Wendell, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. 3.A. Action to approve the agenda. 3.B. Action to approve the February 26, 2019 City Council Minutes. 3.C. Action on an appointments to the Committee for People who have Disabilities:appoint Rachel Holm, Matthew Weiss, Brianna Doran and Jenny Grendler (terms expire 1/1/2021); appoint Mark Sternhagen (term expires 1/1/2022). 3.D. Action on Resolution 19-021, a Resolution in support of a Polling Location on the SDSU Campus. Resolution 19-021 - Resolution in Support of a Polling Location on the SDSU Campus Whereas, Brookings County and the City of Brookings formerly had a polling location on the SDSU campus; and Whereas, the closest polling location to campus is located approximately one mile away; and Whereas, SDSU has over 2,000 employees and over 10,000 students that live in or around Brookings; and Whereas, all students are allowed to register to vote in the City of Brookings Municipal Elections, so long as they live in the Brookings community or on campus; and Whereas, an on-campus polling location would increase access for the thousands of staff, faculty, and students whom encounter the SDSU campus every day; and Whereas, the polling location would expand voting access to all City of Brookings residents; and Whereas, creating a polling place accessible to students helps cultivate active voters, which will positively affect their communities. Now, Therefore, Be It Resolved that the City of Brookings supports the implementation of an on-campus polling location at the SDSU Alumni Center for the City of Brookings. Further, Be It Resolved the SDSU Alumni Center and Foundation supports the use of their facility, which offers parking spaces and handicap accessible entrances, for a polling location. 3.E. Action on Resolution 19-026, a Resolution designating Vote Center locations, and the appointment of Election Superintendents and Judges for the April 9, 2019 Municipal Election. Resolution 19-026 - Resolution designating Vote Center Locations, and the Appointment of Election Superintendents and Judges for the April 9, 2019 Municipal Election Whereas, a City of Brookings Municipal Election will be held on April 9, 2019 for the positions of two 3-year term City Council members; and Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election Superintendents and Deputies and set their rate of compensation; and Whereas, as required by SDCL 12-14-1, the City Council must designate the Vote Center locations; and Whereas, the following superintendents and deputies are hereby appointed at a rate of $12.50 per hour for Superintendents, $12.00 per hour for Judges, and a flat fee of $25.00 for the April 8, 2019 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and alternate Ken Ahartz; VOTE CENTER 1 – Brookings Activity Center, 320 5th Ave.: Ron Thaden, Superintendent, Diane Spencer, Carol Dusharm, Dolores Canaday, and LaVonne Kurtz; VOTE CENTER 2 – Bethel Baptist Church, 714 17 th Ave. So.: Sue Knutzen, Superintendent, Kathy Waddell, Marilyn Foerster, Deb Waltman, and Linda Thaden; VOTE CENTER 3 – Holy Life Tabernacle Church, 241 Mustang Pass: Ellen Herrboldt Superintendent, Mardell Colbeck, and Janet Seeley; VOTE CENTER 4 – SDSU Alumni Center, 815 Medary Ave.: Cathy Enlow, Superintendent, Julie Erickson, Barb Meyer; ABSENTEE/EARLY VOTE CENTER – City & County Government Center, 520 3rd St. – Peggy Whalen and Gloria Miller; ABSENTEE VOTE CENTER PROCESSING – Larry Hult, Superintendent, Ken Ahartz, and Sue Sackman; ALTERNATES – Gloria Pike, Mark Binkley, Bobbe Bartley, and Linda Schamp; ELECTION NIGHT WORKER – Greg Witchey. 3.F. Action on a request from Lorraine Kracke, 1704 8th St., to abate property taxes in the amount of $419.78, legal description: Garden Square Addition, Unit 1704AR. Parcel #40185-00000-017-04. Financial Reports. Chief Financial Officer, Erick Rangel, presented the End-of-Year 2018 and January 31, 2019 financial reports. Human Rights Commission update. Chair Hanna Holmquist, Vice-Chair Megan Irvine Miller, and Lawrence Novotony provided an update on the Human Rights Commission to the City Council and members of the public. Resolution 19-024. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Resolution 19-024, a Resolution Awarding Bids on 2019-04STI, 22nd Avenue Phase I Reconstruction Project, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-024 - Resolution Awarding Bids on Project 2019-04STI 22nd Avenue Phase I Reconstruction Project Whereas, the City of Brookings opened bids for Project 2019-04STI, 22nd Avenue Phase I Reconstruction Project on Tuesday, March 5, 2019, at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids: Schedule A: Timmons Construction, Inc.: $1,483,111.85; Winter Brothers Underground Inc.: $1,629,952.40; Bowes Construction, Inc.: $1,557,097.15; BX Civil and Construction, Inc.: $1,580,599.30; Complete Concrete Inc.: $1,978,397.75; Bid Alternate A1 (Asphalt pavement): Timmons Construction, Inc.: No Bid; Winter Brothers Underground, Inc.: $863,529.50; Bowes Construction, Inc.: $856,359.88; BX Civil and Construction, Inc.: No bid; Complete Concrete Inc.: No bid; Bid Alternate A2 (PCC pavement): Timmons Construction, Inc.: $923,946.65; Winter Brothers Underground, Inc.: $1,201,665.50; Bowes Construction, Inc.: No bid; BX Civil and Construction, Inc.: $1,145,550.00; Complete Concrete Inc.: $1,013,120.90; Bid Schedule B: Timmons Construction, Inc.: $428,845.00; Winter Brothers Underground, Inc.: $379,127.80; Bowes Construction, Inc.: $519,803.66; BX Civil and Construction, Inc.: $411,850.70 and Complete Concrete, Inc.: $432,400.80. Now Therefore, Be It Resolved that the low bid from Timmons Construction, Inc. of $1,483,111.85 for Schedule A, $923,946.65 for Bid Alternate A2 (PCC Pavement) and $428,845.00 for Schedule B for the total bid price of $2,835,903.50 be accepted. Resolution 19-028. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that Resolution 19-028, a Resolution Accepting a Gift of Real Property to the City of Brookings, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett. Resolution 19-028 - A Resolution Accepting a Gift of Real Property to the City of Brookings, South Dakota Whereas, BlairHill Properties, Inc. desires to gift and convey real property to the City of Brookings, South Dakota, to be used for public purposes and specifically to provide additional right-of-way for the 20th Street South Street Project, said real property being described as follows: Lots One (1) and Nine (9) of Block Three (3) of Valley View Addition, City of Brookings, County of Brookings, State of South Dakota, and Whereas, the City Council recognizes the benefit the City will receive as a result of the gift of this real property by BlairHill Properties, Inc., Now, Therefore, It Is Hereby Resolved by the City Council that the real property described above is hereby accepted by the City of Brookings, South Dakota. Brookings County Detention Center Expansion. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to authorize staff to retain legal counsel to pursue a judicial determination of historic review procedure applicable to the Brookings County Courthouse and proposed Brookings County Detention Center expansion. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Wendell, Bacon, and Tilton Byrne; No: 2 - Kidwiler, and Corbett. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that this meeting be adjourned at 6:27 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0117,Version:1 Action on a Preliminary Plat for Lots 17 & 18, Block 11, McClemans Addition. Summary: The applicant is seeking Preliminary Plat approval for two (2) residential lots in an R-3A District. Background: The property is located south of the planned 15th Street South extension and east of the future 7th Avenue South. At the current time, it is unknown if these lots are feasible for development. A grading plan, final drainage report, and other items are needed prior to a Final Plat being recorded for this land area. Development Review Team Recommendation: The Development Review Team recommends approval of the Preliminary Plat. Planning Commission Recommendation: The Planning Commission voted 6-0 to recommend approval of the Preliminary Plat. Attachments: Memo Planning Commission Notice 02-05-2019 Planning Commission Minutes Preliminary Plat BMU Map & Comments City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Mike Struck, Community Development Director Council Meeting:March 26, 2019 Subject:Preliminary Plat Person(s) Responsible: Mike Struck, Community Development Director Summary: The applicant is seeking Preliminary Plat approval for two (2) residential lots in an R-3A District. Background: The property is located south of the planned 15th Street South extension and east of the future 7th Avenue South. The right-of-way for both future streets has already been platted. The land has two (2) existing drainage channels and the current elevation is low in comparison to the surrounding properties. The owner is working with the US Army Corp of Engineers as there are known jurisdictional wetlands on the land. At the current time, it is unknown if these lots are feasible for development. A grading plan, final drainage report, and other items are needed prior to a Final Plat being recorded for this land area. Discussion: 1. The plat meets the Subdivision Regulations and Zoning Ordinance requirements for Preliminary Plat submittals. 2. Additional City requirements including a final grading and drainage plan will apply at the Final Plat stage. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Development Review Team recommends approval of the Preliminary Plat. The Planning Commission voted 6-0 to recommend approval of the Preliminary Plat. Action Requested: Approval of Preliminary Plat for Lots 17 & 18, Block 11, McClemans Addition Supporting Documentation: 1. Memo 2. Planning Commission Notice 3. 02-05-2019 Planning Commission Minutes 4. Preliminary Plat 5. BMU Map & Comments If you require assistance,alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Sunny Ridge Inc., has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 17 & 18, Block 11, McClemans Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, February 5, 2019, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota February 5, 2019 OFFICIAL MINUTES Chairperson Eric Rasmussen called the regular meeting of the City Planning Commission to order on Tuesday, February 5, 2019, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Johnson, Gregg Jorgenson, Lee Ann Pierce and Rasmussen. Absent were Leah Brink and Charles Siver. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Mike McClemans, Jason and Maria Evans, Justin Bucher, Matthew Schmidt, and others. Pierce recused herself. Item #4a – Sunny Ridge Inc. has submitted a Preliminary Plat of Lots 17 & 18, Block 11, McClemans Addition. (Jorgenson/Fargen) Motion to approve the preliminary plat as presented. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – The applicant is seeking preliminary plat approval in an R-3A Residential District. The right-of-way has been platted, however, the streets have not been completed at this time. The plat does meet the requirements of the subdivision regulations and zoning ordinance requirements. There will be additional requirements that will apply at the final plat stage. The Development Review Team recommends approval of this Preliminary Plat. Bungard explained that there will be additional review of the drainage, water, and sewer plans at the Final Plat stage. Jason Evans is wondering about drainage and capacity of the sewer system and how this will impact these areas and has there been reviews done. Has the Planning Commission completed reviews on this or would this be a BMU review or the storm drainage staff? Bungard explained that this would be a combined effort. The Preliminary Plat just looks at if this meets the requirements of the preliminary plat within the ordinance. At the Final Plat stage there will be more studies and those will look at if there needs to be drainage ponds and what size of pond if a pond is needed. BMU will also look at this as they will need to install services prior to the lots actually being recorded. This is just a preliminary sketch of what the developer would like to do. Mrs. Evans asked how the public will know about this project moving forward. Bungard explained that there will be another public meeting with the Planning Commission that will be required at the Final Plat stage. Lanning explained that a final drainage plan will be required and approved before the Final Plat comes back to the Planning Commission. Drew asked if the intent is for 15th Street South to connect with Medary Ave through the trailer park. Bungard stated yes. Fargen asked if a time table has been set for this development. Lanning explained that the City Council had scheduled a public hearing for the assessment of 15th Street S, and this will come back to the City Council in the future. 70'60'70'R=50' LOT 1 6 B LOT 9 A BLOC K 1 1 451.5' N88°12'45"E 116.4' N1°32'51"W125.3' N2°37'58"W68.8' N13°58'42"E 130.0' S87°22'02"W 86.2' S2°38'21"E30.0' N87°22'11"E 47.9' N2°38'21"W 27.1' N1°32'51"W 114.5' S1°59'54"E129.4'322.1' LOT 1 8 LOT 1 7 109.8' S2°23'02"E453.1' S87°22'02"W 130.2'138.8'184.1'41.0'75.4'L = 1 2 4 . 9 '75.0' S1°59'54"EDesigner = Civil Design, Inc. (attn. Andrew Kangas) 1) Consult City of Brookings City Engineer's office for Drainage Easement requirements. 2) All "Drainage" easements required by the City Engineer's office must be denoted as "Drainage/Utility" easements. 3) All "Access" easements shall be denoted as "Access/Utility" easements. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-032,Version:1 Action on Resolution 19-032, a Resolution Declaring Jurisdictional Change of 34th Avenue (473rd Avenue), 210th Street and 8th Street South. Summary: This resolution will change the jurisdiction of a portion of 34th Avenue, 210th Street and 8th Street South from County jurisdiction to City of Brookings jurisdiction. Background: Brookings County recently reviewed the highways listed as part of the Brookings County Highway System and discovered three segments are within the Brookings City Limits. The following streets will be deleted from the Brookings County Highway System: ·34th Avenue, otherwise known as 473rd Avenue, from Highway 14 Bypass to 210th Street ·210th Street from 34th Avenue to the east approximately 0.970 miles ·8th Street South from Main Avenue South to the West City Limits The City of Brookings has been performing maintenance on these streets. This resolution will formally accept these streets under jurisdictional control by the City of Brookings. Fiscal Impact: The City of Brookings will pay for maintenance of the streets. Recommendation: Recommend approval of the resolution. Attachments: Resolution City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ Resolution 19-032 A Resolution declaring Jurisdictional change of 34th Avenue (473rd Avenue), 210th Street and 8th Street South Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, 34th Avenue, otherwise known as 473rd Avenue, from Highway 14 Bypass to 210th Street and 210th Street from 34th Avenue to the east approximately 0.970 miles and 8th Street South from Main Avenue South to the West City Limits are currently listed on the Primary Brookings County Highway System and are within the Brookings City Limits; and Whereas, the purpose of this resolution is to accept these streets under jurisdictional control by the City of Brookings. Jurisdictional control will allow the City to plan, finance and construct the street improvements necessary to improve transportation, drainage and safety to accommodate current and future growth; and Whereas, SDCL §31-17-16 sets forth the procedure for assignment of responsibility for secondary highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a municipality to construct, maintain and repair roads within its jurisdiction, and Whereas, the County of Brookings, having removed the above-described highway from the County Highway System. Now, Therefore, the City of Brookings hereby accepts responsibility for the highways described in this Resolution pursuant to applicable law, thereby including the above- described highways within its jurisdiction. Passed and approved on the 26th day of March, 2019. CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-031,Version:1 Action on Resolution 19-031, Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. Summary: This resolution will authorize the City to retain Civil Design Inc. for the City of Brookings Bridge Reinspection Program for 2019. Background: The South Dakota Department of Transportation manages the Bridge Inspection Program as part of the National Bridge Inspection Standards (NBIS) Program. All bridges and box culverts in the program are required to be inspected at intervals not to exceed two years, with the exception of reinforced concrete box culverts that meet specific criteria. The City of Brookings has three bridges and one box culvert in the program which are scheduled for inspection in 2019. The City follows the NBIS standards so Federal Bridge Replacement Funds can be utilized to hire consultants for the inspections. The SDDOT will secure the federal approvals and make the payments to Civil Design Inc. for the inspection services. The SDDOT also provides for 80% funding for the inspection and the City provides the 20% match, which will be paid out of the Drainage Fund. The average cost of the inspection is approximately $5,000, with the City match being approximately $1,000. The City is recommending Civil Design Inc. as the consultant for this project. This resolution will authorize the SDDOT to enter into a contract with Civil Design Inc. for the 2019 bridge inspection program for Brookings. Recommendation: Staff recommends approval of the resolution. Attachments: Resolution City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ Resolution 19-031 Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement Funds. Dated this 26th day of March, 2019 at Brookings, South Dakota. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-029,Version:1 Action on Resolution 19-029, a Resolution authorizing the City Manager to Sign an Agreement between the State of South Dakota Department of Transportation and the City of Brookings pertaining to Disbursement of Airport Funds. Summary: This resolution will authorize the City Manager to sign the Agency Agreement between the State of South Dakota Department of Transportation and the City of Brookings. Background: The State of South Dakota Department of Transportation (SDDOT) has statutory authority to assist in the development of aviation facilities and projects within the State. The SDDOT will act as the agent pertaining to the planning, prosecution, and completion of airport development and will receipt and disburse of all grant funds for proposed airport projects. The City of Brookings agrees to manage the Brookings Airport in accordance with grant agreements and amendments, rules and regulations of the Federal Aviation Administration (FAA) and any supplemental guidance or grant assurances as a condition of receiving state and federal grant funds. The attached Agreement describes the SDDOT’s and City of Brookings obligations. Fiscal Impact: The State of South Dakota Department of Transportation will act as the agent for the City of Brookings pertaining to the receipt and disbursement of airport funds and will provide grant reimbursements to the City of Brookings for airport projects. Recommendation: Recommend approval of the resolution. Attachments: Resolution Agreement City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ Resolution 19-029 A Resolution Authorizing the City Manager to Sign an Agency Agreement between the State of South Dakota Department of Transportation and the City of Brookings Pertaining to Disbursement of Airport Funds Whereas, the Brookings City Council wishes to develop its municipal airport and seeks federal funding; and Whereas, the State of South Dakota has statutory authority to assist in the development of aviation facilities within the State and will act as an agent for the receipt and disbursement of all funds for proposed aviation projects; and Whereas, the City of Brookings agrees to develop and manage the Brookings Airport in accordance with grant agreements, amendments, rules and regulations of the Federal Aviation Administration (FAA) and any supplemental guidance or grant assurances and other stipulations stated in the Agency Agreement. Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Agency Agreement between the State of South Dakota Department of Transportation and the City of Brookings. Dated this 26th day of March, 2019. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0091,Version:1 National Volunteer Week Proclamation - April 7-13, 2019 Summary: Sarah Lippert, Brookings Volunteer Connections Coordinator, will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS: Every community member can effect positive change with any volunteer action no matter how big or small; and in South Dakota, 240,638 people volunteer annually; and WHEREAS: Volunteers can connect with local community service opportunities through hundreds of community service organizations like volunteer centers; and WHEREAS: Millions of volunteers working in their communities utilize their time and talent daily to make a real difference in the lives of children, adults, and the elderly; and WHEREAS: During this week, all over the nation, service projects will be performed and volunteers recognized for their commitment to service; and WHEREAS: The giving of one’s self and service to another empowers the giver and the recipient; and WHEREAS: Experience teaches us that government by itself cannot solve all of our nation’s social problems; and WHEREAS: Our country’s volunteer force, which is over 77.4 million people, is a great treasure. NOW, THEREFORE, BE IT RESOLVED, that I, Keith W. Corbett, Mayor of the City of Brookings, do hereby proclaim April 7 through April 13, 2019 as: NATIONAL VOLUNTEER WEEK And I urge all citizens to volunteer. IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 26th day of March, 2019. Keith W. Corbett, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-027,Version:1 Action on Resolution 19-027, a Resolution Awarding Bids on 2019-11STI, Airport Sanitary Sewer Project. Summary: The Brookings Regional Airport budgeted to install 10” sanitary sewer and manholes to serve the business hangar area located west of the Airport Fire and Rescue Building. The City opened bids on Tuesday, March 19, 2019 and received the following bids: Meyer Services Inc., Volga $114,034.00 Prunty Construction Inc., Brookings $123,998.00 DeBoer Construction Co. Inc., Clear Lake $138,454.00 Winter Brothers Underground, Inc., Brookings $143,950.00 Prussman Contracting, Inc., Brookings $161,301.00 The low bid of $114,034.00 is approximately 34% lower than the Engineer’s Estimate of $172,770.00. Recommendation: Staff recommends approval of the resolution to award the project to Meyer Services, Inc. for the low bid of $114,034.00. Attachments: Resolution City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Jackie Lanning, City Engineer Council Meeting:March 26, 2019 Subject:Action on Resolution 19-027, A Resolution Awarding Bids on 2019-11, Airport Sanitary Sewer Project Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will award the 2019-11 Airport Sanitary Sewer Project to Meyer Services Inc., Volga, SD, for the low bid of $114,034.00. Background: The Brookings Regional Airport budgeted to install 10” sanitary sewer and manholes to serve the business hangar area located west of the Airport Fire and Rescue building. A new aviation hangar was constructed in 2018 in this area and the sanitary sewer will serve the new hangar and future hangars as development continues to grow. The City opened bids on Tuesday, March 19, 2019 at 1:30 pm at the City & County Government Center and the following bids were received: Meyer Services Inc., Volga $114,034.00 Prunty Construction Inc., Brookings $123,998.00 DeBoer Construction Co. Inc., Clear Lake $138,454.00 Winter Brothers Underground, Inc., Brookings $143,950.00 Prussman Contracting, Inc., Brookings $161,301.00 The bid prices for this project were very competitive. The low bid of $114,034.00 is approximately 34% lower than the Engineer’s Estimate of $172,770.00. Discussion: Staff is in agreement with the low bid and recommends awarding the project to Meyer Services, Inc. Legal Consideration: None. Financial Consideration: The City will enter into a contract with Meter Services, Inc. for the low bid of $114,034.00. Options: The City Council has the following options: 1. Approve as presented 2. Deny Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approve the resolution to award the project to Meyer Services Inc. for the low bid of $114,034.00. Supporting Documentation: 1. Resolution Resolution 19-027 Resolution Awarding Bids on 2019-11 Airport Sanitary Sewer Project Whereas, the City of Brookings opened bids for the 2019-11 Airport Sanitary Sewer Project on Tuesday, March 19, 2019 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for the 2019-11 Airport Sanitary Sewer Project: Meyer Services Inc. - $114,034.00; Prunty Construction Inc. - $123,998.00, DeBoer Construction Co. Inc. - $138,454.00, Winter Brothers Underground Inc. - $143,950.00 and Prunty Contracting, Inc. - $161,301.00. Now Therefore, Be It Resolved that the low bid from Meyer Services Inc. for $114,034.00 be accepted. Passed and approved this 26th day of March, 2019. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-030,Version:1 Action on Resolution 19-030, a Resolution Awarding Bids on 2019-15BLD Library Carpet Project. Summary: The Brookings Public Library budgeted to replace the carpet in the facility in 2019 due to the current carpet’s aging condition. The project includes removal of the existing carpet, installing new carpet tiles and cove base, and moving all furniture and book shelves for the project. The bid proposal included a Base Bid for the lower level of the building and a Bid Alternate 1 for the upper level. The City opened bids on Tuesday, March 19, 2019 and received the following bid: Base Bid Bid Alt. 1 Total Barrett’s Flooring & Decorating Center $103,726.79 $19,347.24 $123,074.03 The total low bid of $123,074.03 was approximately 29% lower than the Engineer’s Estimate of $175,000. The Library will close for approximately 2 weeks in August for the project. Recommendation: Staff recommends approval of the resolution to award the project to Barrett’s Flooring & Decorating Center for the total low bid of $123,074.03. Attachments: Memo Resolution City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Jackie Lanning, City Engineer Council Meeting:March 26, 2019 Subject:Action on Resolution 19-030, a Resolution Awarding Bids on 2019-15BLD, Library Carpet Project Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will award the 2019-15BLD Library Carpet Project to Barrett’s Flooring & Decorating Center the Base Bid (Lower Level) of $103,726.79 and Bid Alternate 1 (Upper Level) of $19,347.24 for the total low bid of $123,074.03. Background: The Brookings Public Library budgeted to replace the carpet in the facility in 2019 due to the current carpet’s aging condition. The project includes removal of the existing carpet, installing new carpet tiles and cove base and moving all furniture and book shelves for the project. The bid proposal included a Base Bid for the lower level of the building and a Bid Alternate 1 for the upper level. The Library will close for approximately 2 weeks for the work, which will be scheduled in August when attendance is lower. The City opened bids on Tuesday, March 19, 2019 at 1:30 pm at the City & County Government Center and the following bid was received: Base Bid Bid Alt. 1 Total Barrett’s Flooring & Decorating Center $103,726.79 $19,347.24 $123,074.03 The total low bid of $123,074.03 was approximately 29% lower than the Engineer’s Estimate of $175,000. Discussion: The project includes moving book shelves and furniture, which was anticipated to be a variable cost. This company has performed many commercial carpet projects and staff is in agreement with awarding the project. Legal Consideration: None. Financial Consideration: The City will enter into a contract with Barrett’s Flooring & Decorating Center for the total low bid of $123,074.03. Options: The City Council has the following options: 1. Approve as presented 2. Deny Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approval of the resolution to award the project to Barrett’s Flooring & Decorating center for the total low bid of $123,074.03. Supporting Documentation: 1. Resolution Resolution 19-030 Resolution Awarding Bids on 2019-15BLD Library Carpet Project Whereas, the City of Brookings opened bids for the 2019-15BLD Library Carpet Project on Tuesday, March 19, 2019 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for the 2019-15BLD Library Carpet Project: Barrett’s Flooring & Decorating Center - Base Bid - $103,726.79, Bid Alternate 1 - $19,347.24, total bid - $123,074.03. Now Therefore, Be It Resolved that the total low bid from Barrett’s Flooring & Decorating Center for $123,074.03 be accepted. Passed and approved this 26th day of March, 2019. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 19-003,Version:1 Introduction and First Reading on Ordinance 19-003, an Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Public Hearing: April 23, 2019. Summary: This proposed ordinance supplements the City of Brookings current animal control ordinances by providing an appeal procedure for parties whose dogs have been declared to be biting or dangerous. Attachments: Memo City Attorney Memo Ordinance City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:David Erickson, Police Chief Council Meeting:March 26, 2019 Subject:Action on Ordinance 19-003, an ordinance establishing an appeal procedure for dogs declared to be biting or vicious in the City of Brookings, South Dakota. Person(s) Responsible: David Erickson, Police Chief Summary: This ordinance will establish and outline an appeals process for dog owners that have had their dog declared as biting, dangerous or vicious. Background: Animal control officers have declared dogs as biting, dangerous or vicious, and as a result certain requirements are placed on the dog owner in order to preserve public safety such as muzzling and containment when the dog is outside. Prior to this ordinance there was no form of appeal or due process for the dog owner if the declaration is disputed. This ordinance will put in place a process by which dog owners can appeal a declaration if they are in disagreement with said declaration. Discussion: Staff and legal counsel have drafted an ordinance which creates a process and sets forth the steps necessary for a dog owner to appeal a declaration of biting, dangerous or vicious. . Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Deny Recommendation: Staff recommends approval of the ordinance as presented. Action Requested: Approval of the resolution to award the project to the low bidder. Supporting Documentation: 1. Resolution 2. Map Memorandum To: Mayor Corbett and Council Members, Paul Briseno, City Manager and Bonnie Foster, Acting City Clerk From: Steven J. Britzman, City Attorney Date: March 6, 2019 Re: Ordinance Establishing an Appeal Procedure for Dogs Declared to be Biting Discussion This proposed ordinance supplements our current animal control ordinances by providing an appeal procedure for parties whose dogs have been declared to be biting or dangerous. Because the owner and their dog may be subject to additional procedures when a dog bites, including impoundment, confinement requirements, and the potential removal of the dog from the owner’s possession, it was determined that additional due process procedures providing for an appeal by the owner should be provided in order to comply with prevailing law. The Animal Control Officer often has to make a determination quickly and based only on readily available facts, and by providing an appeal procedure, the City will satisfy the dog owner’s due process rights prior to the imposition of permanent restrictions or removal of the dog. Thanks. Steve Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Ordinance 19-003 An Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Be It Ordained by the governing body of the City of Brookings, South Dakota, as follows: I. Sec. 14-129. Appeal Permitted. (a) Any party who is aggrieved by any action or decision of an Animal Control Officer to declare a dog as biting, dangerous or vicious may appeal the decision. The party who wishes to appeal is referred to as the “appellant.” An independent hearing examiner, who must be a member in good standing of the State Bar of South Dakota, shall be assigned to hear the appeal. (b) Appeals shall be commenced by filing a written notice of appeal either in person or postmarked within 15 days of the decision. The written notice of appeal shall be printed legibly or typed and contain the following information: 1. The reasons the appellant believes the decision is objectionable, incorrect or illegal; 2. The type of claim or dispute involved and the time during which it accrued or occurred; 3.The name, address and telephone number of the appellant; 4.The number of the citation being appealed, if applicable; 5. A statement indicating whether the appellant desires the administrative appeal hearing to be open or closed to the public. All administrative appeal hearings are presumed to be open to the public. If either party requests a hearing that is closed to the public, the party requesting the closed hearing must present good cause to the hearing examiner that the public interest in having an open hearing is outweighed by the privacy interest involved in a particular case or that a closed hearing is legally required based upon the nature of the evidence to be presented at the administrative appeal hearing; 6. If the appellant is to be represented by a legal representative, the name, address and telephone number of the representative; and 7. The signature of the appellant, legal representative and/or corporate agent. (c) There shall be no fee to file an appeal. Compliance with the above time limit and notice of appeal information requirements shall be jurisdictional prerequisites to any appeal. Failure to comply with any of these requirements shall be deemed to waive the right to a hearing. (d) If the appellant complies with the jurisdictional requirements for an appeal, then the city will take no further action to enforce the decision until the hearing examiner renders a final decision. However, the provisions for prior notice and hearing may be dispensed with when, in the opinion of the Animal Control Officer, immediate action is necessary to summarily abate a dangerous condition on public or private property or there is an imminent threat to life or safety on public or private property. The Animal Control Officer shall take only such action as is reasonably necessary to summarily abate the danger, and then the city will take no further action to enforce the decision until the hearing examiner renders a final decision. (e) The Animal Control Officer, or his or her designee, shall immediately deliver a copy of the appeal to the city attorney who will act as the City’s legal counsel. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:March 26, 2019 Second Reading: April 23, 2019 Published: CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 19-004,Version:1 Introduction and First Reading on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. Second Reading: April 23, 2019. Summary: This ordinance will amend the 2019 Budget for the following changes: 1) To carry over items from the 2018 Budget 2) To update certain amounts in 2019’s Budget 3) To distribute wage increases from the contingency fund to each department. These increases were unknown at the time 2019’s Budget was estimated. Recommedation: Staff recommends approval of the Ordinance as presented. Attachments: Memo Ordinance City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Erick Rangel, Chief Financial Officer Council Meeting:March 26, 2019 Subject:Introduction and First Reading on Ordinance 19-004, an Ordinance Authorizing Supplemental Appropriation #1 to the 2019 Budget. Person(s) Responsible: Erick Rangel, Chief Financial Officer Summary: This ordinance will amend the 2019 Budget for the following changes: 1)To carry over items from the 2018 Budget 2) To update certain amounts in 2019’s Budget 3) To distribute wage increases from the contingency fund to each department. These increases were unknown at the time 2019’s Budget was estimated. Background: Part 1 allocates expenditures for projects or purchases which were budgeted in 2018 but not completed by December 31, 2018. Part 2 makes adjustments to the 2019 Budget for the Larson Ice Center Project revenue and expenditures as follows: Revenue to transfer in the bond proceeds Expenditures for the Larson Ice Center project Part 3 allocates the negotiated wage adjustment to the department budgets. At the time the 2019 Budget was prepared and presented to City Council, negotiations with the collective bargaining units were not complete and the wage adjustment was not determined. Extra funds were budgeted in the contingency account to be distributed after the negotiations were completed. The budget amendment adjusts most wage line items to the final negotiated wage adjustment of 2.75%. Discussion: Staff recommends the proposed budget amendment. Legal Consideration: None. Financial Consideration: Part 1: No impact for the carryover items budgeted in 2018 that were not completed. Part 2: Bond proceeds will be utilized for the project. Part 3. No impact, moving funds budgeted in contingency to department budgets. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval of the Ordinance as presented. Action Requested: Approval of the Ordinance to amend the 2019 Budget. Supporting Documentation: 1. Ordinance Ordinance 19-004 An Ordinance Authorizing a Supplemental Appropriation to the 2019 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2019 budget: Part 1 – Change Increase/(Decrease) General Fund Expenditures 101-452-5-425-05 Maintenance Buildings 20,274.00 Carryover funds for Southbrook Softball complex and water line project 101-452-5-930-00 Machinery & Auto Equipment 4,812.00 Carryover funds for Southbrook Softball complex and water line project 101-422-5-940-00 Other Capital (trees)5,000.00 Carryover funds for South Fire Station (trees) 101-405-5-856-97 City Manager's Contingency Fnd 5,000.00 Carryover funds for possible litigation expense 101-405-5-856-99 Contingency Fund 15,873.51 Carryover funds for possible litigation expense 101-406-5-427-01 Travel & Lodging 1,159.44 Carryover funds due to expected incremental activity 101-412-5-422-08 Litigation Expense 10,000.00 Carry over funds for possible litigation expense 101-415-5-422-02 Contracted Auditing Services 5,000.00 Carry overfunds due to expected incremental activity 101-415-5-427-01 Travel & Lodging 2,500.00 Carryover funds due to expected incremental activity 101-415-5-427-02 Registration & Training 1,304.88 Carryover funds due to expected incremental activity 101-455-5-367-01 Grant Expenditures 2,000.00 Carryover funds due to unused grant funded expense Total GF expenditures rolled over from 2018 72,923.83 25% Sales & Use Tax 212-000-5-960-00 Street & Sidewalk Improvements 302,568.70 Carryover funds for overlay project 212-000-5-960-02 Street curb & gutter 140,886.99 Carryover funds for concrete maintenance project 212-000-5-940-02 Other Capital Police 5,000.00 Carryover funds for accident software Total 25% S&U Tax expenditures rolled over from 2018 448,455.69 75% Sales & Use Tax 213-000-5-940-04 Parks & Rec Improvements 41,706.03 Carryover funds for Parks Projects 213-000-5-911-01 Railroad Crossing Arms 9,451.57 Carryover funds for Medary Ave railroad crossing arms 213-000-5-960-00 Street & Sidewalk Improvements 298,996.69 Carryover funds for overlay project 213-000-5-960-02 Street curb & gutter 214,563.98 Carryover funds for concrete maintenance project 213-000-5-999-47 Special Projects 6,534.46 Carryover funds for library sidewalk work Total 75% S&U Tax expenditures rolled over from 2018 571,252.73 Special Assessment 280-000-5-960-00 Street & Sidewalk Improvement 1,561,305.00 Carryover funds for 15th St S & 7th Ave S Storm Drainage 282-000-5-980-00 Storm Sewer Improvements 900,000.00 Carryover funds for 20th St S and 15th St S & 7th Ave S Gateway Capital Project Fund 520-000-5-422-03 Consulting 41,289.94 Carryover funs for Gateway Project 520-000-5-426-06 Horticulture Supplies 150,760.00 Carryover funs for Gateway Project 520-000-5-960-00 Other capital 105,268.00 Carryover funs for Gateway Project 520-000-5-428-04 Street lights 283,000.00 Carryover funs for Gateway Project Total Gateway Expenditures rolled over from 2018 580,317.94 S Main Ave & 26th St Capital Project Fund 523-000-5-940-00 Other Capital 2,139,720.82 Carryover funds for 20th Street South Project Marketplace 525-000-5-422-03 Consulting/Engineering 9,500.00 Carryover funds for 20th Street South Project Airport Fund 606-000-5-970-00 Runway Improvements 12,638.00 Carryover funds for taxilane project Part 2 Change Increase/(Decrease) Part 3 Change Increase/(Decrease) All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: March 26, 2019 Second Reading: April 23, 2019 Published: CITY OF BROOKINGS _________________________ ATTEST: Keith W. Corbett, Mayor ____________________________ Bonnie Foster, Acting City Clerk Larson Ice Center Capital Project Fund 526-000-6-700-00 Bond Proceeds 3,700,000.00 Bond Proceeds for Larson Ice Center Project Total Change in Revenue 3,700,000.00 526-000-5-940-00 Buildings & Structures 3,700,000.00 Project budget for Larson Ice Center Project Total Change in Expenditures 3,700,000.00 General Fund Expenditures Wage Adjustments 101-403-5-101-00 Regular Pay 4,119.23 Move from contingency per negotiations wage adjustment 101-406-5-101-00 Regular Pay 7,888.76 Move from contingency per negotiations wage adjustment 101-414-5-101-00 Regular Pay 4,090.68 Move from contingency per negotiations wage adjustment 101-415-5-101-00 Regular Pay 7,837.86 Move from contingency per negotiations wage adjustment 101-416-5-101-00 Regular Pay 3,148.78 Move from contingency per negotiations wage adjustment 101-418-5-101-00 Regular Pay 8,771.43 Move from contingency per negotiations wage adjustment 101-419-5-101-00 Regular Pay 9,413.17 Move from contingency per negotiations wage adjustment 101-421-5-101-00 Regular Pay 64,762.53 Move from contingency per negotiations wage adjustment 101-422-5-101-00 Regular Pay 6,312.30 Move from contingency per negotiations wage adjustment 101-431-5-101-00 Regular Pay 20,849.51 Move from contingency per negotiations wage adjustment 101-442-5-101-00 Regular Pay 1,500.02 Move from contingency per negotiations wage adjustment 101-448-5-101-00 Regular Pay 466.40 Move from contingency per negotiations wage adjustment 101-449-5-101-00 Regular Pay 1,567.91 Move from contingency per negotiations wage adjustment 101-451-5-101-00 Regular Pay 2,760.45 Move from contingency per negotiations wage adjustment 101-452-5-101-00 Regular Pay 13,682.16 Move from contingency per negotiations wage adjustment 101-453-5-101-00 Regular Pay 4,100.58 Move from contingency per negotiations wage adjustment 101-454-5-101-00 Regular Pay 7,121.65 Move from contingency per negotiations wage adjustment 101-455-5-101-00 Regular Pay 14,365.01 Move from contingency per negotiations wage adjustment Total change in GF Expenditures 182,758.40 214-000-5-101-00 Regular Pay 8,859.29 Move from contingency per negotiations wage adjustment 282-000-5-101-00 Regular Pay 1,848.69 Move from contingency per negotiations wage adjustment Total change in Special Revenue Expenditures 10,707.98 601-000-5-101-00 Regular Pay 4,314.56 Move from contingency per negotiations wage adjustment 606-000-5-101-00 Regular Pay 3,166.54 Move from contingency per negotiations wage adjustment 607-000-5-101-00 Regular Pay 2,615.42 Move from contingency per negotiations wage adjustment 612-000-5-101-00 Regular Pay 5,956.56 Move from contingency per negotiations wage adjustment 625-000-5-101-00 Regular Pay 6,667.31 Move from contingency per negotiations wage adjustment Total change in Enterprise Expenses 22,720.39 101-405-5-856-99 Contingency Fund (216,186.77) Move to Departments per negotiations wage adjustment Special Revenue Expenditures Enterprise Expenses City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-033,Version:1 Action on Resolution 19-033, a Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement. Summary: The current Market Place agreement between the City of Brookings and Bender Companies Inc. is set to expire April 1st. The developer made the request to progress the agreement and purchase the land. To ensure proper process and agreement terms are met the developer and staff request an extension until July 1, 2019. The finalized plan and agreement would come before Council for final action. Recommendation: Staff recommends approval. Attachments: Memo Resolution Development Agreement 12/14/2016 City of Brookings Printed on 3/21/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Paul Briseno, City Manager Council Meeting:March 26, 2019 Subject:Brookings Marketplace LLC Agreement; July 1 Extension Person(s) Responsible: Paul Briseno, City Manager Summary: The current Marketplace agreement between the City of Brookings and Brookings Marketplace, LLC is set to expire April 1 st. The developer has made the request to progress the agreement and purchase the land. To ensure proper process and that agreement terms are met, the developer and staff request an extension until July 1, 2019. The finalized plan and agreement would come before Council for final action. Background: The City of Brookings obtained the former Department of Transportation land containing 26 acres located east of I-29 and north of Hwy 14 for $1.6 million. An agreement was entered into with Brookings Marketplace, LLC in December 2016 to develop the property with commercial intentions. The original agreement was set to expire December 2018; however, the City extended the agreement until April 1, 2019. The terms of the agreement dictate milestones, infrastructure requirements, and additional development agreement requirements. Discussion: Brookings Marketplace LLC requested the purchase of property as outlined within the agreement. To achieve this action additional steps need to be taken, including finalizing a development plan and purchase agreement with required parameters. The given notice does not allow adequate time to properly vet the proposal and meet the April 1 st deadline. Therefore, the developer and staff request an additional extension. Any recommended finalized plan/agreement will require future Council action. Legal Consideration: None. Financial Consideration: The City and developer will need to finalize the agreement, which includes the sale of land and potential infrastructure requirements. Options: The City Council has the following options: 1. Approve as presented 2. Approve with alternative deadline 3. Deny Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approve the Resolution extending the Marketplace agreement with Brookings Marketplace LLC to July 1, 2019. Supporting Documentation: 1. Resolution Extension 2. Original Agreement Resolution 19-033 Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016, and Whereas, the parties now desire to again modify Sections 4 and 7 of said Development Agreement to extend the time of performance of due diligence activities by the Developer until July 1, 2019. Now, Therefore, Be It Resolved as follows: 1. That Amendment to the Development Agreement by and between the City of Brookings and Brookings Marketplace, LLC as described herein is hereby approved, and 2. The Mayor, City Manager and Acting City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. Dated this 26th day of March, 2019. CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk