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HomeMy WebLinkAbout2016_07_12 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 Vision Statement: "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, July 12, 2016 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 2016-0478 Action to approve the June 14, June 21, and June 28 City Council Minutes. 6/14/2016 Minutes 6/21/2016 Minutes 6/28/2016 Minutes Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call Page 1 City of Brookings July 12, 2016City Council Meeting Agenda 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. 6. Contracts/Change Orders: 6.A.RES 16-055 Action on Resolution 16-055, a Resolution awarding the contract for the purchase of a 2017 Command Vehicle for the Fire Department. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 16-058 Action on Resolution 16-058, a Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-028-2016, Braking Meter and Design of Runway 17/35 Reconstruction. Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 16-059 Action on Resolution 16-059, a Resolution authorizing the City Manager to sign State of South Dakota Department of Transportation Funding Transfer Agreement. Resolution Agreement 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 16-014 Introduction and First Reading on Ordinance 16-014, an Ordinance Amending Article III of Chapter 62 of the Code of Ordinances Pertaining to Weed Control. Public Hearing: July 26, 2016. Ordinance - markedAttachments: 8. Public Hearings and Second Readings: 8.A.ORD 16-013 Public Hearing and Action on Ordinance 16-013, an Ordinance providing for Notification to the Police Chief for Certain Under Twenty-One (21) Events held in Licensed Establishments in the City of Brookings, South Page 2 City of Brookings July 12, 2016City Council Meeting Agenda Dakota. OrdinanceAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 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. Executive Session 11.A.ID 2016-0477 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters. Action: Motion to Enter into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 12. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, Nick Wendell Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, 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. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 3 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 2016-0478,Version:1 Action to approve the June 14, June 21, and June 28 City Council Minutes. Attachments: June 14 Minutes June 21 Minutes June 28 Minutes City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™ Brookings City Council June 14, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, June 14, 2016 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Council Member Mary Kidwiler was absent. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to enter into Executive Session at 5:00 p.m. for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters with the City Council, City Clerk, City Manager, and Mike Luce (via phone), Attorney with Lynn, Jackson, Schultz and Lebrun present. The motion carried by a unanimous vote. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to exit out of Executive Session at 5:24 p.m. The motion carried by a unanimous vote. Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. 3.A. Action to approve the agenda. 3.B. Action to approve the May 10 and May 17 City Council Minutes. Library Services Director. Ashia Gustafson was introduced as the new Director of Library Services. Mayor’s Annual State of the City Message. Mayor Reed presented his annual State of the City Message. “A city is not gauged by its length and width, but by the broadness of its vision and the height of its dreams.” – Herb Caen “A Financially Healthy and Growing City.  Population: 2015 Census Estimate 23, 657. A 7% increase since 2010 Census (1.5% Annualized).  Aa3 Bond Rating  $1.6M General Fund Surplus for 2015  Healthy Reserves  2014 Property valuation increased $52.8 M (2.2% Growth)  Liquor Store – Record Net Profit of $608,012  Safe City / Drugs are an issue Brookings financial picture is very healthy and we are growing! This Council will have to lead with a vision of what Brookings should be. Otherwise we are doing Jeff’s job – managing. The City of Brookings is committed to providing a high quality of life for its citizens and fostering diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. We will have our Council “Advance” on July 13th, and collaborate to find the vision the Council will lead with. We shall then figure out the long-term strategy to accomplish the mission and vision. What is the vision the Council will lead with? 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! Guiding Principles  Evolving economic growth and community improvement strategy  Active civic engagement  Distinctive community assets What is the long term strategic plan to accomplish mission and vision? Long-Term Strategic Planning  Strategic Planning Council Advanced – July 13th o Completed and In-Process o 10-year Community Reinvestment Plan (CRP) o Re-visit Annually o Comprehensive Master Plan o Affordable Housing Task Force  Needed o Swiftel Center Strategic Plan  $5M set aside in 10 year CIP o Strategic coordination between  Brookings County  Brookings School District  South Dakota State University  Brookings Economic Development Corp. (BEDC)  Brookings Health Services  Brookings Municipal Utilities o Recreation Investment  Evolving Economic Growth Strategy o Work Force o Entrepreneurial Eco-System o Retail Growth  Campus and Community Relationship o President Dunn – opportunity to take a new look  Safe City o What is needed to combat drug issue?  Transparency  Citizen Engagement  High Performance City My favorite quote as an elected leader is, “A community, like an individual, has work to do.” – Aristotle A special thank you to the citizens of Brookings, Volunteer Board Members, Jeff Weldon and staff, City Clerk and staff, and fellow Council Members.” Resolution 16-048. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Resolution 16-048, a Resolution awarding the contract for the purchase of two police vehicles from Einspahr Ford, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Resolution 16-048 - Resolution Awarding Bid for Police SUV Whereas, the City of Brookings opened bids for Police Vehicles on Tuesday, May 24, 2016 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for two Police Vehicles: Einspahr Ford Brookings: $67,622 for two marked Sport Utility Vehicles (SUV). Now Therefore, Be It Resolved that the low bid of $67,622 for two Police SUV’s from Einspahr Ford be accepted. Ordinance 16-011. A public hearing was held on Ordinance 16-011, an Ordinance to Rezone a portion of the S ½ of the NE ¼ of Section 1-T109N-R50W from an Agricultural A District to a Residence R-1C District. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 16-011, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Ordinance 16-012. A public hearing was held on Ordinance 16-012, an Ordinance to rezone Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition from a Residence R-2 District to a Planned Development District (PDD). A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Ordinance 16-012 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Initial Development Plan. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, that the Initial Development Plan for Lot 1 of Lots 1 & 2 of Lot A of the Replat of Outlot E, Maynes Addition, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Temporary Liquor Application. A public hearing was held on a temporary liquor application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Avenue on July 16, 2016. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that the temporary license be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Resolution 16-045. A public hearing was held on Resolution 16-045, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2016-01SWR Concrete Maintenance Project. A motion was made by Council Member Wendell, seconded by Council Member Bacon, that Resolution 16-045 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Resolution 16-045 - Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the expense of abutting property owners; 2016-01SWR Concrete Maintenance Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2016-01SWR Concrete Maintenance Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: 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 Section 9-43-102, South Dakota Compiled Laws of 1967, as amended, with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 4. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Master Drainage Plan Priority List. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the Master Drainage Plan Priority List, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Deputy Mayor Appointment. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Council Member Keith Corbett to be appointed as Deputy Mayor through June 1, 2017. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. Resolution 16-053. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 16-053, a Resolution authorizing an Agreement with Bel Brands USA, Inc., be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Bacon, and Wendell; Absent: 1 – Kidwiler. AGREEMENT THIS AGREEMENT (this “Agreement”), is hereby made and entered into as of June 14, 2016, by and among BEL BRANDS USA, INC., a Wisconsin corporation (the “Company”), the CITY OF BROOKINGS, SOUTH DAKOTA (the “City”). RECITALS: WHEREAS, on January 31, 2012, the Company, the City, the State of South Dakota acting through the Governor’s Office of Economic Development (“GOED”) and the Brookings Economic Development Corporation (“BEDC”) entered into a Site Location and Development Agreement (the “Development Agreement”) for the purpose of setting forth the proposals and respective commitments of the Company, the City, the State of South Dakota, certain other public authorities, and BEDC in a valid, binding and enforceable agreement in connection with the development, construction and operation of a cheese manufacturing facility (the “Facility”) in Brookings, South Dakota; and WHEREAS, the Company agreed to develop, construct and operate the Facility based on certain incentives conditionally provided by the City and the State of South Dakota for the purpose of inducing and assisting the Company to establish the Facility within the State of South Dakota and the City; and WHEREAS, the City agreed to design, construct and commission, at its cost, a pretreatment waste water solution in accordance with article VIII of the Development Agreement. WHEREAS, ownership of the Wastewater Solution, upon acknowledgement of its completion, was to be conveyed to the Company by the City with a one-year (extendable) warranty (including a process warranty) at which time the Company would assume responsibility for the operation and maintenance of the Wastewater Solution; and WHEREAS, as set forth in Section 8.3(b) of the Development Agreement, the City is to provide the Company a grant of $1,500,000 (the “Grant”) toward the Company’s capital expenditures in the Facility, payable once the City has received $3.6 million in TIF Revenues and then only to the extent of available TIF Revenues collected by the City during the life of the TIF District; and WHEREAS, the City arranged for the design and construction of a wastewater pre- treatment facility with the intention that it would satisfy the requirements of the Wastewater Solution in accordance with Article VIII of the Development Agreement (the “Base WWS”); and WHEREAS, the parties agree that it was necessary to upgrade the Base WWS to include an Oxidizer, as defined herein, in order to satisfactorily pre-treat the Facility’s wastewater on an ongoing basis; and WHEREAS, the parties desire to enter into this Agreement to agree to a mutually agreeable plan to assure a Wastewater Solution that performs as specified in Article VIII of the Development Agreement; NOW, THEREFORE, upon and in consideration of the respective promises and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINED TERMS Section 1.1 Capitalized Terms. Capitalized terms utilized herein will have the meanings ascribed thereto in the Development Agreement or below, unless the meanings of such terms have been otherwise specified in a different context (such meanings to be equally applicable to both the singular and plural forms of the terms defined): “Base WWS” means the wastewater treatment facility designed and built by the City to provide pre-treatment of waste generated by the Facility. “City” means not only the City of Brookings, South Dakota but also its personal representatives, successors, assigns, agents, employees, officers, officials, directors, shareholders, and insurers. “Company” means not only Bel Brands USA, Inc. but also any related companies, any parent companies, subsidiaries, divisions, affiliates, shareholders, partners, members, owners, officers, directors, consultants, insurers, agents, employees, assigns and successors in interest. “Development Agreement” means the Site Location and Development Agreement dated January 31, 2012 among the Company, the City, the State of South Dakota acting through the Governor’s Office of Economic Development, and Brookings Economic Development Corporation. “Effective Date” has the meaning set forth in Section 7.2 hereof. “Facility” has the meaning set forth in the Recitals to this Agreement. “Oxidizer” means an oxidation tank, together with all components and accessories, as more fully described in Exhibit A. “Wastewater Solution” has the meaning set forth in Section 8.1(a) of the Development Agreement. “WWS Requirements” has the meaning set forth in Section 8.1(a) of the Development Agreement. ARTICLE II REPRESENTATIONS BY THE CITY Section 2.1 Representations. The City represents to the Company as follows: (a) All payments to vendors (including but not limited to contractors, subcontractors, materialmen, sureties and government entities) owed in connection with the Wastewater Solution have been made by the City or by its vendors and lien waivers have been duly provided to the City by the same. (b) There are no claims of any kind pending or threatened against the Base WWS. Section 2.2 Removal of Liens and Encumbrances. The City will promptly arrange to remove any lien or other encumbrance that was or will be placed on the Wastewater Solution by a third party at any time in connection with anything related to the Wastewater Solution while it was under the City’s ownership and will defend, indemnify and hold the Company harmless from and against all claims and expenses arising out of or relating to such liens or encumbrances. ARTICLE III PUNCHLIST; OTHER COSTS INCURRED Section 3.1 Remaining Punchlist Items. Exhibit B includes all items remaining to be completed for the construction of the Base WWS or otherwise necessary to place the Base WWS in a condition acceptable to the Company. The parties agree there are no other Punchlist items and that no additional Punchlist items may be added to Exhibit B. Section 3.2 Punchlist. At its sole cost, the City will engage a contractor to complete the Punchlist items it has agreed to complete by no later than July 17, 2016, subject to the availability of Midwestern Mechanical to complete its punchlist work. The City also agrees to use its best efforts to engage the services of Midwestern Mechanical as soon as practicable. If it is determined that the concrete floor must be replaced, the City shall be responsible for the cost of such repair and replacement and for providing temporary tank, tank housing, and related piping during repairs. The City will be allowed extensions for Force Majeure events as defined in the Development Agreement. The City will enforce all applicable penalties for late completion, and will promptly remit all such penalties collected to the Company. The City will assign all applicable product and material warranties to the Company with the conveyance of the Base WWS. Section 3.3 Payments from City to the Company. On or before July 14, 2016, the City will pay the Company the sum of $947,578.93 to reimburse the Company for its costs related to the need to upgrade the Base WWS and its initial design. The Company will provide documentation of said costs on Exhibit “C”. ARTICLE IV CONVEYANCE AND CONDITIONS OF ACCEPTANCE Section 4.1 Conveyance of Wastewater Solution. Upon execution of the Agreement, the City agrees to deliver an executed instrument of conveyance substantially in the form of Exhibit D (the “Transfer Instrument”). The Company will accept the Transfer Instrument promptly upon the satisfaction of all conditions of acceptance as set forth in Section 4.2. Section 4.2 Conveyance and Acceptance of Base WWS. The City will tender ownership of the Base WWS and the Company will accept conveyance thereof upon satisfaction of the following conditions: (1) The City and the Company must each be in compliance with their respective obligations under the Agreement and Development Agreement; (2) All Punchlist items have been completed and the Base WWS has been properly commissioned. ARTICLE V DESIGN, CONSTRUCTION AND FUNDING OF THE OXIDIZER Section 5.1 Necessity of Oxidizer; Description. The Parties acknowledge that an Oxidizer was a necessary upgrade to the Base WWS to achieve pre-treatment performance of a Wastewater Solution required to be provided by the City under Article VIII of the Development Agreement. The parties acknowledge that the Company undertook the design and construction of the Oxidizer, and the selection of all vendors in connection therewith. Section 5.2 Grant. The City acknowledges that the Grant of $1.5 million set forth in Section 8.3(c) of the Development Agreement may be used at the Company’s discretion to fund any capital expenditures at the facility and that no costs to be borne by the City under the Development or this Agreement will be charged against the Grant commitment. Section 5.3 Responsibility for Oxidizer. Other than paying its share of the cost, the City will have no responsibility for the design, construction or performance of the Oxidizer. The City will remain responsible to provide a warranty on the Base WWS to be conveyed consistent with Section 8.1(c) of the Development Agreement (the “Warranty”). However, this Warranty will extend for one year from June 14, 2016, and does not apply to the product and material warranties referenced in Section 3.2. ARTICLE VI RELEASE AND NO ADVERSE ACTION Section 6.1 Mutual Release. The Company, the City and Banner Associates, Inc. (“Banner”) mutually release each other from any and all claims, losses, damages of any kind, costs, legal fees and expenses, obligations, actions, causes of action, rights of subrogation, whether in tort, contract or otherwise, and demands arising out of the design and construction of the Base WWS for Phases I and II that are known or should have been known as of June 14, 2016 (the “Claims”). No litigation relating to the Claims will be brought. Nothing in this Mutual Release shall apply to any claims that are not known or could not have been known as of June 14, 2016, nor shall this Mutual Release affect or impair the Company’s rights under the City’s Warranty or relieve the City from completing the punchlist items listed on Exhibit B. This section shall not impose any duty of inquiry or inspection on the Company to discover any Claims. The City, the Company and Banner agree that this Agreement is a compromise of doubtful and disputed claims and is not intended, nor shall it be construed, as an admission of liability or fault or breach of any duty by any of the parties hereby released, by whom liability is expressly denied. The Company, the City and Banner agree this release is intended to release all claims between the City, the Company and Banner as set forth above and by executing this Agreement, Banner hereby joins and agrees to the mutual release provisions contained herein. ARTICLE VII GENERAL PROVISIONS Section 7.1 Authority. The Parties represent that they are authorized to enter into this Agreement. On or prior to the date of this Agreement the City Council has taken, if needed, all legally required actions to formally approve this Agreement, and to make it a legal, valid, and binding obligation of the City, enforceable in accordance with its terms. If the City Council’s approval of this Agreement or anything contemplated hereunder is hereafter referred to a public vote, the Company may terminate this Agreement upon written notice to the City. Section 7.2 Term of Agreement. The term of this Agreement will commence on the date it has been duly approved and executed by the City and the Company (the “Effective Date”) and will continue in effect until all parties have completed the performance of all of their obligations under this Agreement. Section 7.3 Specific Performance. The City and the Company each acknowledge and agree that the City and the Company would be damaged irreparably in the event that any of the provisions of this Agreement not performed in accordance with their specific terms or otherwise are breached. Accordingly, the City and the Company, to the extent permitted by law will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement in any action instituted in any court having jurisdiction, in addition to any other remedy to which the City or the Company may be entitled, at law or in equity. Prior to filing an action for injunctive relief, a party must give written notice of any claimed breach which provides a party with a thirty (30) day period to remedy the breach and agrees that if a party institutes any action or proceeding to enforce any provision hereof the party against whom injunctive relief is sought, hereby waives the claim or defense that the party seeking injunctive relief has or will have an adequate remedy at law for money damages. Section 7.4 Governing Law. This Agreement will be construed and enforced under the laws of the State of South Dakota, without regard to conflict of law provisions. Section 7.5 Severability. In case any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect and for any reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby, and in the event any such provision is held to be invalid, illegal or unenforceable, those Parties affected by such event shall exercise their best efforts to agree upon a provision in substitution for such invalid, illegal or unenforceable provision that is as near in economic benefit as possible to the provision found to be invalid, illegal or unenforceable. Section 7.6 Notices. Any notice, request, demand, claim, or other communication hereunder shall be in writing and shall be deemed duly given or made (a) when personally delivered to the intended recipient (or an officer of the intended recipient), (b) three (3) days after it is sent by certified first class mail, return receipt requested, postage prepaid, (c) two (2) days after it is sent by recognized overnight courier service, or (d) when sent by facsimile service (with such facsimile to be confirmed promptly in writing sent by mail or overnight courier as aforesaid), to the following addresses and recipients: CITY OF BROOKINGS 520 – 3rd Street, Ste. 230 P. O. Box 270 Brookings, SD 57006 Telephone: 605-692-6281 Email: Attention: Jeff Weldon, City Manager COMPANY Bel Brands USA, Inc. 30 S. Wacker Drive, 30th Floor Chicago, IL 60606 Telephone: 312-489-5280 Email: fnallis@groupe-bel.com Attention: Frederic Nallis, President and CEO With cc: Didier Aziza, CFO Telephone: 312-462-1529 Email: daziza@belbrandsusa.com or to such other address as the receiving Party shall have most recently forwarded to the sending Party. Section 7.7 Binding Nature. It is the intention of the Parties that the commitments and obligations set forth herein shall be binding upon the Parties hereto and their respective successors and permitted assigns. Section 7.8 Article and Section Titles and Headings. The article and section titles and headings are for convenience only and do not define, modify or limit any of the terms and provisions hereof. Section 7.9 Incorporation of Exhibits. The exhibits identified in this Agreement and annexed hereto are incorporated herein by reference and made a part hereof. If any provision of this Agreement conflicts with or is inconsistent with any exhibit annexed hereto, the terms, conditions and obligations set forth in this Agreement shall control. Section 7.10 Further Assurances. The parties each agree to do all things and take all actions required after the date hereof to promptly address all matters contemplated herein, including the obtaining, execution and delivery of all necessary or desirable signatures, agreements, filings, consents, authorizations, approvals, licenses or deeds. Section 7.11 No Third-Party Beneficiaries. Other than as set forth in this Agreement, this Agreement will not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns. Section 7.12 Amendments and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and duly signed by an authorized representative of each of the Parties. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Section 7.13 Construction. This Agreement has been negotiated by the parties and their respective legal counsel, and legal or equitable principles that might require the construction of this Agreement or any provision of this Agreement against the Party drafting this Agreement will not apply in any construction or interpretation of this Agreement. Section 7.14 Jurisdiction. Any lawsuit arising out of related to this Agreement or the Development Agreement must be brought in a court of competent jurisdiction in the State of South Dakota. Each party hereto hereby irrevocably consents to the jurisdiction of such courts and waives any objection to such jurisdiction based on the doctrine of forum non-conveniens. Section 7.15 Force Majeure. In the event of any Party hereto being rendered unable, wholly or in part, by reason of Force Majeure to carry out its obligations hereunder (other than the obligation to make payment of amounts due hereunder), or to meet the requirements to earn a payment or other commitment of another Party hereto, the obligations of the disabled party suffering such Force Majeure event shall be suspended during the continuance of any inability so caused, but for no longer period and/or the deadline to earn any such payments or other benefits shall be tolled for the period of such Force Majeure event and the deadline shall be extended for the period of such Force Majeure event; provided, however, that such Party suffering the Force Majeure event shall (a) deliver prompt notice, to the Party to whom the obligations are due, of the occurrence of such a Force Majeure event (such notice to describe the circumstances creating the event and the steps that such Party proposes to take to eliminate the event or the effects thereof), (b) use its best efforts to eliminate such event or the effects thereof and shall deliver periodic status reports regarding such efforts to the Party to whom the obligations are due, (c) promptly deliver notice to the Party to whom the obligations are due when such event has been eliminated or has ceased to prevent the performance of the suffering Party’s obligations and (d) proceed to fulfill or perform such obligations as soon as reasonably practical after the event has been eliminated or has ceased to prevent the performance of the suffering Party’s obligations. Section 7.16 Survival of Representations and Warranties. The covenants, representations and warranties made by each of the Parties hereto and contained herein shall survive the performance of any obligations to which such covenants, representations and warranties relate. Section 7.17 Remaining Terms Unaffected. Except as specifically modified herein, the terms of the Development Agreement remain in effect. Section 7.18 Time is of the Essence. Time is of the essence of this Agreement. Section 7.19 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. Section 7.20 Entire Agreement. This Agreement constitutes the entire agreement among the Parties hereto and supersedes any prior understandings, agreements or representations by or among the Parties hereto, whether written or oral to the extent they relate to the subject matter herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above mentioned. ATTEST: CITY OF BROOKINGS, SOUTH DAKOTA By: Shari Thornes, City Clerk Name: Tim Reed Title: Mayor BEL BRANDS USA, INC. By: Name: Title: BANNER ASSOCIATES, INC. By: Name: Title: LIST OF EXHIBITS EXHIBIT A. DESCRIPTION OF OXIDIZER EXHIBIT B. PUNCHLIST EXHIBIT C. COSTS NECESSITATED BY UPGRADE EXHIBIT D. FORM OF TRANSFER INSTRUMENT Exhibit “C” EXHIBIT E. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adjourn the meeting at 7:25 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council June 21, 2016 (unapproved) The Brookings City Council held a Study Session on Tuesday, June 21, 2016 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Nick Wendell, Mary Kidwiler, Patty Bacon, and Ope Niemeyer (on the phone). City Attorney Steve Britzman, City Manager Jeffrey Weldon, and Communications Specialist Laurie Carruthers were also present. (Hansen arrived at 5:24 p.m.) Discussion topics included an update on the Brookings School District from Dr. Klint Willert, Superintendent of Schools; an update on the Growth Partnership from Dwaine Chapel, Executive Director and Jay Bender, Chairman; 2017 Budget Workshop #1: Draft Capital Improvement and Community Re-Investment Plans; an update on Entrepreneurship and Workforce Program by Jennifer Quail, Director of Entrepreneur Support, and Stacy Aesoph, Director of Workforce Development; an update on ICSC and Retail Attraction by Al Heuton, BEDC Executive Director, and Kristi Larsen, BEDC Marketing Director; and City Council Ex-Officio Reports. Introduction of topics for future discussion. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that the October Study Session be dedicated to Mental Health Awareness. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adjourn the meeting at 8:22 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk Brookings City Council June 28, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, June 28, 2016 at 6:00 p.m., at City Hall with the following members present: Deputy Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Mayor Tim Reed was absent. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. 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: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell Absent: 1 - Reed. 3.A. Action to approve the agenda. 3.B. Action on Resolution 16-052, a Resolution authorizing the write-off of a receivable account as bad debt. Resolution 16-052 - Resolution authorizing bad debt write-off for the City of Brookings Whereas, the City of Brookings has an uncollectable accounts receivable in the amount of $322.16; and Whereas, this bill has been sent to the Brookings Credit Bureau and has been considered uncollectible; Now, Therefore Be It Resolved that the following account receivable for the City of Brookings be determined as uncollectible and removed from the records: 12/29/2015, Via Italia / MN LLC, $322.16 Downtown Brookings, Inc. Quarterly Report. Elliot Johnson, DBI Director, provided an update to the Mayor and City Council on current and upcoming events. Resolution 16-054. A motion was made by Council Member Kidwiler, seconded by Council Member Niemeyer, that Resolution 16-054, a Resolution of Intent to Lease Real Property to Private Entity, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 - Reed. Resolution 16-054 - Resolution of Intent to Lease Real Property to Private Entity Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of Brookings intends to enter into a Lease with South Dakota Kart Club, Inc., a South Dakota Corporation, for a period of Five (5) years and pertaining to the following described property: the West Half of the Southwest Quarter (W½SW¼) of Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., within the City of Brookings, Brookings County, South Dakota, less the North Seven Hundred Feet (N 700') of the East Seven Hundred Twenty Feet (E 720') and also less the North Nine Hundred Fifty Feet (N 950') of the West Six Hundred Feet (W 600') and also less the South Nine Hundred Feet (S 900') and less any Highway right of ways of the West Half of the Southwest Quarter (W½SW¼) of said Section Thirteen (13); and The purpose of this Lease is to provide a location for kart racing. The term of the Lease is five years. The Lease provides that as rent for the above-mentioned premises, the infield, bleachers, parking and restroom facilities shall be available for use by the City of Brookings Park and Recreation Department for sponsored activities. Be It Further Noted, that a Public Hearing on this Resolution was held on this 28th day of June, 2016 at 6:00 o'clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 16-056. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that Resolution 16-056, a Resolution awarding the contract for the purchase of one new unmarked police vehicle, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 - Reed. Resolution 16-056 - Resolution awarding the contract for the purchase of one new unmarked police vehicle. Whereas, the City of Brookings purchases police vehicles to replace in to the fleet of the Brookings Police Department; and Whereas, the City of Brookings has approved the replacement and purchase of one police vehicle for the fiscal year 2016; and Whereas, the Brookings Police Department has requested the purchase of one unmarked police vehicle for the replacement of one unmarked police vehicle; and Whereas, the Brookings Police Department has received an offering according to specifications set forth from Einspahr Auto Plaza of Brookings, South Dakota for one Ford Explorer. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, shall approve the purchase of one Ford Explorer from Einspahr Auto Plaza of Brookings, South Dakota. Ordinance 16-013. An introduction and first reading was held on Ordinance 16-013, an Ordinance providing for Notification to the Police Chief for certain Under Twenty-One (21) Events held in Licensed Establishments in the City of Brookings, SD. Public Hearing: July 12, 2016. Temporary Liquor Application. A public hearing was held on a Temporary Liquor Application for Downtown Brookings, Inc., to host a series of events for Downtown at Sundown on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 14, July 21, July 28, August 4, August 11, August 18 and August 25, 2016. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 - Reed. Governance & Ends Policy. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that the Governance & Ends Policy Amendments, be approved:  Policy 1, Governance Process, 1.6 Governance Process, Citizen Advisory Boards. The Council reminds staff that the ideal purpose of citizen involvement is to seek objective opinions from a diverse range of citizens. The Council and staff recognize that the ideal purpose of citizen involvement is to seek objective opinions from a diverse range of citizens.  Policy 1, Governance Process, 1.6 Governance Process, Citizen Advisory Boards. Guideline A. 8. The Mayor and Council may, but shall not be obligated, to re-appoint members to expiring terms subject to any term limitation as specified by each respective board. The Mayor and Council shall consider and balance the value of institutional knowledge and experience as well as the need for new and different perspectives and contributions to the board in the appointment/re-appointment process.  Policy 2, Council-Staff Linkage, 2.3 Council-Staff Linkage, Monitoring Executive Performance. 3. o A. All Ends and Executive Limitations statements will be monitored and compliance will be formally announced by the City Manager to the Council on a quarterly basis. o A. All ends and Executive Limitations statements will be monitored by the City Manager who is expected to be responsible for achieving and maintaining compliance. o B. Any non-compliance will be reported immediately, at the next Council meeting, if not before, and non-compliance will then be monitored on a monthly basis, until compliance is reestablished, or the policy is changed. o B. Any non-compliance of material significance shall be reported to the City Council as soon as practical; and such non-compliance shall be monitored and corrective actions taken by the City Manager to re-gain compliance.  Ends Policy 1, Financial Stability, Guideline C. City Council hereby directs the City Manager to establishes and maintain the following committed fund balance: a. Fiscal Stabilization Arrangement: A minimum of 10 percent of the General Fund beginning adopted appropriations (expenditure budget) should be incrementally established and maintained for use in meeting unanticipated needs and/or emergencies. I. Use of Stabilization Fund Balance: The amount shall be used only after all efforts have been exhausted to fund unanticipated needs and/or emergencies, such as an urgent event that affects the safety of the Citizens of the City of Brookings, City of Brookings Employees, and Brookings Students. The urgent event could be a blizzard, tornado, fire, flood, terrorist attack, bombing, explosions, train derailments, straight-line winds/severe thunderstorm, hazardous materials incident, water contamination, failure of electrical grid, mass casualty/fatality or health epidemic. Once the City Manager or his/her designee has determined that it is necessary to draw down fund balance, written communication should be provided by the City Manager to the City Council, explaining the nature of the unanticipated need and/or emergency and requires approval by a two-thirds vote of the Council. The Stabilization Fund Balance may not be used for more than two consecutive years. II. Replenishment of Stabilization Fund Balance: If the reserves are drawn down below the minimum required level of 10 percent, then a budgetary plan shall be implemented by the City Manager to return the reserve to a minimum 10 percent level in no more than a 5-year period. The City Manager will report the progress of the replenishment to the Council in the annual budget. III. Funding of Stabilization Fund Balance: Proceeds from the sale of City- owned surplus property and any other funds identified in the budget will be used to increase the reserve. Interest earnings will be applied on the reserve balance each fiscal year until replenished to the minimum required level. Fiscal Stabilization Emergency Reserve Fund: A minimum of $1 million shall be maintained for the use in meeting unanticipated needs and /or emergencies. 1) Funding of Stabilization Emergency Reserve Fund Balance Having established a fund balance in 2012 in excess of $1 million and prior to any draw-downs, increases to this fund balance shall be recommended by the City Manager in an amount of six percent (6%) of the annual General Fund operating expenditure budget to be indexed to each subsequent year’s General Fund operating expenditure budget. 2) Use of Stabilization Emergency Reserve Fund Balance The amount shall be used only after all efforts have been exhausted to fund unanticipated needs and/or emergencies, such as an urgent event that affects the health, safety, or general welfare of the City, its residents, as well as public and private property. The urgent event could be a blizzard, tornado, fire, flood, terrorist attack, bombing, explosions, train derailments, straight-line winds/severe thunderstorm, hazardous materials incident, water contamination, failure of electrical grid, mass casualty/fatality or health epidemic. Once the City Manager or his/her designee has determined that it is necessary to draw down the fund balance, written communication shall be provided by the City Manager to the City Council, explaining the nature of the unanticipated need and/or emergency which shall require approval of the Council. 3) Replenishment of Stabilization Emergency Reserve Fund Balance Whenever the reserves are drawn upon, a budgetary plan shall be implemented by the City Manager to return the reserve to the pre-drawn- down balance within five years. The City Manager shall report the progress of the replenishment to the Council in the annual budget.  Ends Policy 1, Financial Stability, Guideline H. Subsidy Agreement and Reporting Requirements. The City encourages all departments to utilize performance measures. At a minimum, performance measures should be used to report on the outputs of each program and should be related to the objectives of each department. The City encourages all subsidy recipients to utilize performance measures. At a minimum, performance measures should be used to report on the outputs/outcomes of each subsidized program and should be related to the objectives described earlier in this sub-section.  Ends Policy 4, Economic Development. 3.c. The City will partner with the Innovation Campus at SDSU Research Park at South Dakota State University.  Ends Policy 4, Economic Development. 5.e. Facilities (Ice Arena, Swiftel Center, Sports Fields, Performing Arts Center, Wellness Center, Dakota Nature Center) are used at capacity.  Ends Policy 4, Economic Development. 12. The City Council has considered predevelopment agreements with large retail developments. The Council will consider development agreements and incentives with business development projects that qualify for the various policy programs available.  Ends Policy 7, Strategic Planning. In an effort to live out the City’s Mission Statement, the Council and staff will utilize a systematic process of Strategic Planning to guide its major policy decisions. Strategic Planning is a disciplined effort to produce fundamental decisions and actions that shape and guide organization, its purpose, function, priorities, decisions, and implementation process. Strategic Planning will enable to Council and staff to blend futuristic thinking, objective analysis, and subjective evaluation of goals and priorities to chart future courses of action that will ensure the long-run vitality and effectiveness of the organization. The result of this deliberative process should ideally be a specific set of priorities, developed and adopted over a timeline as determined by the Council, consisting of over-arching policy goals and objectives as outcomes of the decision-making process. The staff will then provide a suitable work plan that will ensure the effective implementation of the policy goals. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell Absent: 1 - Reed. Resolution 16-057. A motion was made by Council Member Hansen, seconded by Council Member Wendell, on Resolution 16-057, a Resolution authorizing the Termination of Prairie Hills, L.L.C. Covenants and Restrictions, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell Absent: 1 - Reed. Resolution 16-057 - Resolution Authorizing the Termination of Prairie Hills, L.L.C. Covenants and Restrictions Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, Prairie Hills, L.L.C., of Brookings, South Dakota (hereinafter referred to as "Developer"), filed a Declaration of Covenants and Restrictions on November 12, 1997 which pertain to the following property: Lots One through Five (1-5) inclusive, Block Three (3) of Prairie Hills Addition to the City of Brookings, Brookings County, South Dakota, located in the Southeast Quarter (SE¼) of Section Two (2), Township One Hundred Nine (109) North, Range Fifty (50) West of the 5th P.M., Brookings County, South Dakota; and Whereas, the plat of the above-described property was vacated and a proposed plat which replaces the previous plat necessitates the termination of the above-referenced Covenants and Restrictions so that new Declaration of Covenants and Restrictions related to the new plat of the property may be filed; and Whereas, Prairie Hills, L.L.C. has requested the approval of the City of Brookings to revoke the above-described Declaration of Covenants and Restrictions; and Whereas, SDCL 11-5-6 requires the governing body of a first class municipality to consider and authorize the revocation of a Declaration of Covenants and Restrictions if appropriate, and good cause appearing for the revocation of the above-described Declaration of Covenants and Restrictions. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. The above-referenced Declaration of Covenants and Restrictions filed on November 12, 1997 may be revoked and terminated; and B. The Mayor, City Clerk, City Manager and City Attorney are authorized to execute the required documents in accordance with this Resolution. Property Owner Request for Certification of new Tax Increment District. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to deny a Property Owner Request for Certification of a New Tax Increment District associated with the 15th Street / 7th Avenue Improvement Project. The motion carried by the following vote: Yes: 4 - Corbett, Hansen, Kidwiler, and Wendell; No: 2 - Niemeyer, and Bacon. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to adjourn the meeting at 7:24 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, 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 16-055,Version:1 Action on Resolution 16-055, a Resolution awarding the contract for the purchase of a 2017 Command Vehicle for the Fire Department. Summary: The City received a bid from Einspahr Auto Plaza for $39,509 for a new 2017 ¾ Ton 4 x 4 Crew Cab Truck on June 28, 2016. It was the only bid received. Background: The 2017 ¾ Ton Truck will replace the 2009 Command Fire Vehicle, which is still in use and has reached its term requirement for service. Fiscal Impact: The purchase of the new Fire Command Vehicle from Einspahr Auto Plaza will be in the amount of $39,509. This is under the budgeted amount of $45,000. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™ Resolution 16-055 Resolution Awarding Bid for Fire Command Vehicle Whereas, the City of Brookings opened bids for a Fire Command Vehicle on Tuesday, June 28, 2016 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for a new Fire Command Vehicle: Einspahr Ford Brookings: $39,509 for a 2017 ¾ Ton 4 x 4 Crew Cab Truck Now, Therefore, Be It Resolved that the low bid of $39,509 for a 2017 ¾ Ton 4 x 4 Crew Cab Truck from Einspahr Ford be accepted. Passed and approved this 12th of July, 2016. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, 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 16-058,Version:1 Action on Resolution 16-058, a Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-028-2016, Braking Meter and Design of Runway 17/35 Reconstruction. Summary: This resolution will authorize the City manager to sign documents for Brookings Regional Airport Project No. AIP #3-46-0005-028-2016, Braking Meter and Design of Runway 17/35 Reconstruction. Background: The Brookings Regional Airport has applied for FAA grant funding for a new braking meter and for the design to reconstruct the south end of Runway 17/35. The portion of Runway 17/35 north of Runway 12/30 (approximately 1,900 feet) was constructed as part of the Phase I and II Brookings Runway Realignment Project which has been completed. The remaining 1,700 feet of Runway 17/35 is still in need of reconstruction. In addition, the current braking meter is old and does not have a backlight making it impossible to see at night. The total project cost for the braking meter and design of Runway 17/35 is estimated to be $90,000. It is anticipated that the City will receive a grant for this project, which will be funded by 90% federal funds, 4% state funds, and 6% City funds. This resolution will authorize the City Manager to sign the Grant Offer, and other related documents for AIP Project No. 3-46-0005-028-2016. Fiscal Impact: The City’s estimated share of the grant offer is $5,400. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™ Resolution 16-058 Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-028-2016 Braking Meter and Design of Runway 17/35 Reconstruction Whereas, the Brookings City Council desires South Dakota Department of Transportation and FAA assistance with the Brookings Regional Airport Project 3-46- 0005-28-2016; Whereas, the City of Brookings desires professional services with Helms and Associates Corporation for the design of Runway 17/35 Reconstruction including earthwork, grading, underdrains, surfacing, electrical work, and pavement markings; and Whereas, the City of Brookings desires the replacement of the braking meter for use at the Brookings Regional Airport. Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Grant Offer and other related documents for a Braking Meter and Runway 17-35 Reconstruction, AIP #3-46-0005-028-2016. Dated this 12th day of July, 2016. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, 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 16-059,Version:1 Action on Resolution 16-059, a Resolution authorizing the City Manager to sign State of South Dakota Department of Transportation Funding Transfer Agreement. Summary: This resolution will authorize the City Manager to sign the State of South Dakota Department of Transportation Funding Transfer Agreement. Background: The South Dakota Department of Transportation (SDDOT) recently contacted the City of Brookings regarding funds pertaining to the “Safe, Accountable, Flexible, Efficient transportation Equity Act - Legacy for Users” otherwise known as the SAFETEA-LU Act. In that program, funding was available to construct the Brookings Bike Path Project and to construct a Rail Spur in Brookings. The bike path project was completed, however, the rail spur was not constructed which left unspent funds in the program. The SDDOT has proposed the attached Funding Transfer Agreement with the City of Brookings, which will authorize the SDDOT to pay the City of Brookings the amount of $675,862.62. The payment may only be used by the City for the purpose of maintenance, construction and supervision of highways and bridges under the City’s jurisdiction. Fiscal Impact: The City will receive $675,862.62 in funds from the SDDOT. Recommendation: Staff recommends approval. Attachments: Resolution Agreement City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™ Resolution 16-059 A Resolution for Authorizing the City Manager to Sign State of South Dakota Department of Transportation Funding Transfer Agreement Whereas, the City of Brookings desires funding for the purpose of maintenance, construction, and supervision of highways and bridges under the City’s jurisdiction and control in accordance with South Dakota Constitution Article XI, Section 8; and Whereas, the City of Brookings agrees to accept the payment of approximately $675,862.62 and hereby agrees that no part of the payment will be used for any other purpose nor will the payment revert to the City’s general funds; and Whereas, the City of Brookings hereby agrees to keep detailed records, accounts, invoices and supporting documents pertaining to all costs paid for with exchanged funds and agrees to the terms stated in the Funding Transfer Agreement between the City and the State of South Dakota. Now, Therefore Be It Resolved, that the City Manager is hereby authorized to sign the State of South Dakota Department of Transportation Funding Transfer Agreement. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Page 1 of 2   AGREEMENT NUMBER STATE OF SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION FUNDING TRANSFER AGREEMENT This Agreement is made and entered into by and between the State of South Dakota, acting by and through its Department of Transportation, referred to in this Agreement as the “STATE,” and the city of Brookings, South Dakota, referred to in this Agreement as the “CITY.” BACKGROUND: 1. Safe, Accountable, Flexible, Efficient Transportation Equity Act – Legacy for Users (SAFETEA-LU) provided the CITY with High Priority Project (HPP) funds comprised of HPP obligation limitation and HPP contract authority for the following project(s): A. SD163 Construct Rail Spur in Brookings, referred to in this Agreement as “SD163”; B. SD171 Brookings Bike Path, referred to in this Agreement as “SD171.” 2. SD163 has not been completed and has a remaining HPP obligation limitation in the amount of Six Hundred Seventy-five Thousand Eight Hundred Sixty-two Dollars and Sixty-two Cents ($675,862.62) and HPP contract authority in the amount of Seven Hundred Fifty-one Thousand One Hundred Six Dollars ($751,106.00). 3. SD171 was completed and has a remaining HPP obligation limitation in the amount of Zero Dollars and HPP contract authority in the amount of Nine Thousand Six Hundred Twenty Dollars and Twenty-three Cents ($9,620.23). 4. The ability to repurpose the remaining HPP obligation limitation and contract authority will expire on September 12, 2016, if the HPP obligation limitation and contract authority is not repurposed before that date. 5. Section 125 of the Department of Transportation Consolidated Appropriations Act of 2016 allows for repurposing of unobligated HPP obligation limitation and contract authority in federal fiscal year 2016 with the approval of the Federal Highway Administration (FHWA). THE STATE AND THE CITY MUTUALLY AGREE AS FOLLOWS: 1. The CITY authorizes the STATE to exercise all rights and authority over the remaining HPP obligation limitation for the following project(s) in the following amount(s): SD 163 in the amount of Six Hundred Seventy-five Thousand Eight Hundred Sixty-two Dollars and Sixty-two Cents ($675,862.62); 2. The CITY authorizes the STATE to exercise all rights and authority over the remaining HPP contract authority for the following project(s) in the following amounts: A. SD 163 in the amount of Seven Hundred Fifty-one Thousand One Hundred Six Dollars ($751,106.00). B. SD 171 in the amount of Nine Thousand Six Hundred Twenty Dollars and Twenty-three Cents ($9,620.23). 3. The STATE will pay to the CITY the total sum of Six Hundred Seventy-five Thousand Eight Hundred Sixty-two Dollars and Sixty-two Cents ($675,862.62) in State Highway Funds. This payment may Page 2 of 2 only be used by the CITY for the purpose of maintenance, construction, and supervision of highways and bridges under the CITY’S jurisdiction and control in accordance with South Dakota Constitution Art. XI, Section 8. No part of the payment may be used for any other purpose nor will the payment revert to the CITY’S general funds. 4. The STATE will repurpose the HPP obligation limitation and the HPP contract authority within the guidelines of Section 125 of the Department of Transportation Consolidated Appropriations Act of 2016 clarified by FHWA. The STATE will repurpose the HPP obligation limitation and the HPP contract authority on new or existing projects in the State of South Dakota within 50 miles of the original project(s). 5. The CITY will keep detailed records, accounts, invoices, and supporting documents pertaining to all costs paid for with exchanged funds. Upon reasonable notice, the CITY will allow the STATE, through any authorized representative, to have access to and the right to examine and copy all records, accounts, invoices, and supporting documents pertaining to all costs paid for with exchanged funds. 6. This Agreement may not be amended, except in writing, which writing will be expressly identified as a part of this Agreement, and be signed by an authorized representative of each of the parties. 7. If the CITY breaches any of the terms or conditions of this Agreement, the STATE may terminate this Agreement at any time with or without notice. 8. This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, the Agreement may be terminated by the STATE. Termination for any of these reasons is not a default by the STATE nor does it give rise to a claim against the STATE. 9. The CITY has designated its City Administrator as the CITY’S authorized representative and has empowered the City Administrator with the authority to sign this Agreement on behalf of the CITY. A copy of the CITY’S Commission minutes or resolution authorizing the execution of this Agreement by the City Administrator as the CITY’S authorized representative is attached to this Agreement as Exhibit A. This Agreement is binding upon the signatories not as individuals, but solely in their capacities as officials of their respective organizations and acknowledges proper action of the STATE and the CITY to enter into the same. State of South Dakota City of Brookings, South Dakota Department of Transportation By: By: Its: City Administrator Its: Secretary Date: Date: Attest: By: Its: Director, City Auditor/Clerk Division of Finance and Management Date: (City Seal) 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 16-014,Version:1 Introduction and First Reading on Ordinance 16-014, an Ordinance Amending Article III of Chapter 62 of the Code of Ordinances Pertaining to Weed Control. Public Hearing: July 26, 2016. Summary: The ordinance amendment would exempt the Edgebrook Golf Course from the height restriction on grass. Background: Section 62-86 of the Municipal Code of Ordinances provides a 15 inch height restriction on vegetation within city limits with a couple of exemptions. Currently, the ordinance exempts retention/detention ponds and the Dakota Nature Park as these have vegetation management practices. Similarly, the Edgebrook Golf Course has a vegetation management practice whereby certain areas of the course are out of play and it is the desire to allow vegetation to grow and provide a natural delineation of the playable and nonplayable areas. Noxious weeds and unhealthy vegetation would still need to be managed appropriately; however, taller grasses would be encouraged in these areas. Recommendation: Staff recommends approval. Attachments: Ordinance - Marked City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™ Ordinance 16-014 An Ordinance amending Article III of Chapter 62 of the Code of Ordinances of the City of Brookings and pertaining to Weed Control in the City of Brookings, SD. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 62-86. - Duty of Owner. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of 15 inches or more shall be prima facie evidence of such nuisance and a violation of this division. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. In addition, retention/detention ponds, and the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:July 12, 2016 Second Reading:July 26, 2016 Published:July 29, 2016 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, 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 16-013,Version:2 Public Hearing and Action on Ordinance 16-013, an Ordinance providing for Notification to the Police Chief for Certain Under Twenty-One (21) Events held in Licensed Establishments in the City of Brookings, South Dakota. Summary: Alcohol license holders will notify the Brookings Police Chief of any underage non- alcoholic events that are held on the premises at least one week prior to event. Background: The intent of the ordinance will allow the Brookings Police Department adequate time to arrange for proper policing of said events. The policing of that event would include an on-site visit to insure that all alcoholic beverages have been properly secured and unavailable to underage patrons and that all video lottery machines are secured and prevented from underage use as well. Fiscal Impact: No fiscal impact to the city. Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™ Ordinance 16-013 An Ordinance Providing for Notification to the Police Chief for Certain Under Twenty-One (21) Events held in Licensed Establishments in the City of Brookings, South Dakota. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 1. – Notification to Police Chief Required. In order to provide for appropriate law enforcement during non-alcohol events for persons under the age of twenty-one (21) advertised or held in establishments licensed for alcoholic beverage sales, any holder of an operating agreement for the sale of alcoholic beverages or retail malt or on-sale wine license shall notify the Brookings Police Chief at least seven (7) days prior to holding any event which is advertised or intended for persons who are under twenty-one (21) and is to be held on the premises of the holder of an alcoholic beverage operating agreement or on-sale alcoholic beverage license. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:June 28, 2016 Second Reading:July 12, 2016 Published:July 15, 2016 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, 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 2016-0477,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 7/6/2016Page 1 of 1 powered by Legistar™